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HomeMy WebLinkAbout05-06-1992 City Council Agenda packetSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2, AGENDA ITEM: L k MEETING DATE: May 6, 1992 ORIGINATING DEPT.: Planning CITY MGR. APPROVAL SUBJECT: Waiver of Temporary Use Permit Fee Sacred Heart Women's Club Annual Saratoga House and Garden Tour Recommended Motion: Approve request for fee waiver. Report Summary: Ms. Carol Mauldin, representing the Sacred Heart Women's Club of Saratoga, has requested that the processing fee for a Temporary Use Permit be waived. The Temporary Use Permit would allow the "Annual Saratoga House and Garden Tour" to be held on Friday, May 8, 1992. The tour involves visits to four Saratoga homes and serves as a fund raiser for the Club centered around a Mother's Day theme. Approval of this request is consistent with previous City Council action for fund raising events for non profit organizations. Because the special event is being held at private residences, normal staff review is minimal. Fiscal Impacts: Filing Fee of $447.00 is waived. Attachments: 1. Letter from Carol Mauldin requesting waiver of fees Motion and Vote: V /0 2 d 6r7 Xvie_ 9- 7c /C<-16 V.2_ C-/A-o'/ .7-3y g67- 7(7 5 APR 1 6.1992 d7 0 April 10, 1992 PRESS RELEASE ANNUAL SARATOGA HOUSE AND GARDEN TOUR PLANNED GALA BLACK AND WHITE BALL TO FOLLOW SARATOGA, CA The Sacred Heart Women's Club of Saratoga, CA has an- nounced that their annual House and Garden Tour will take place on Friday, May 8 between 10 a.m. and 4 p.m. Complimenting the Tour is a Black and White Ball featuring live music refreshments, and a catered dinner, all to take place starting at 7 p.m. at Renzo's in Campbell. Conveniently coupled with the Tour is a Mother's Day Boutique featuring hand crafted gifts and floral arrangements. The tour features four homes that are each valued in the multiple million dollar range, allure within walking distance of each other, and all are Tess than two years old. Two of the homes has been decorated by Karyn De Boer the owner of Tollgate Interiors of Saratoga. The Mother's Day Boutique will be located in the garden of one of the homes. Throughout the tour, complimentary refresh- ments will be served. A gourmet lunch will be prepared by Chez Vous Catering and served outdoors in a colorful, tranquil garden setting. Parking will be at Sacred Heart Church and a shuttle service will provide transportation to the tour site. The service will be available continously throughout the day. Admission to the Tour is $20.00 and admission to the Black and White Ball is $62.00 each with all proceeds going to Sacred Heart Parish and Educational Programs The price of admission to the tour includes transportation to and from the parking area and complimentary beverages. The optional lunch is $12.00. The price of admission to the ball includes dinner, dancing, and beverages Advance tickets for the tour, the luncheon, and the ball may be obtained by sending a check payable to Sacred Heart Women's Club and a self addressed, stamped envelope to Sacred Heart Women's Club, 12300 Fredericksburg Ct., Saratoga, CA 95070. Tickets will also be available the day of the tour and can be obtained at the Sacred Heart parking lot throughout the day. Additional information can be obtained by calling either 408 867 -3745 during the day or 408- 867 -7173 in the evening. SARATOGA, CITY COUNCIL EXECUTIVE SUMMARY NO. 7 AGENDA ITEM MEETING DATE: May 6, 1992 CITY MGR. APPROVA ORIGINATING DEPT: Enqineerinq �/�t(1� SUBJECT: SD 91 -002 (15425 Monte Vista Drive): Woolworth Final Map Approval for Four Lots Recommended gtior}: 1. Adopt Resolution SD 91 -002 granting Final Map Approval of SD 91 -002. 2. Authorize the Mayor to execute the Contract for the Improve- ment of SD 91 -002. Report Summary: Attached is Resolution No. SD 91 -002 which, if adopted, will grant Final Map Approval for four lots located at 15425 Monte Vista Drive. I have examined the final map submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tenta- tive map. 2. All conditions of the tentative map as contained in Planning Commission Resolution No. SD 91 -002 have been completed or are covered by the standard Improvement Agreement and secured by appropriate and sufficient securities. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's Certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14- 40.040 of the Municipal Code for action by the City Council. Fiscal. Impacts; None O/C— Attachments: 1. Planning Commission Resolution No. SD 91 -002. 2. Resolution No. SD 91 -002. 3. Contract for the Improvement of SD 91 -002. Motion Vote: RESOLUTION NO. SD -91 -002 RESOLUTION APPROVING TENTATIVE NAP OF Woolworth; 15425 Monte Vista Drive WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative map approval of four (4) lots, all as more particularly set forth in File No. SD -91 -002 of this City; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated August 28, 1991 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the Categorical Exemption prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in 'accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 19th day of September, 1991 and is marked Exhibit D in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. Prior to submittal of the Final Map to the City Engineer 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 City Engineer, all in conformity with the Subdivision Nap Act and the Professional Land Surveyors Act. Done. Done Done. Done. Done. Done. All on map. File No. SD -91 -002; 15425 Monte Vista Drive 2. 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 date, then sufficient security as determined by the City Engineer shall be furnished to the City Engineer prior to Final Map approval. 3. The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the City Engineer at the time Improve- ment Plans are submitted to the City Engineer for checking. 4. The owner (applicant) shall pay a Map Checking Fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Maps submitted for examination shall be not less than three in number and shall be accom- panied by the following items: a. One copy of EAR checking calculations. b. Preliminary Title Report dated within previous 90 days. c. One copy of each map referenced thereon. d. One copy of each document /deed referenced thereon. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process. 5. The owner (applicant) shall pay a Park and Recreation Fee, as determined by the City Code and City Council resolution(s) prior to Final Map approval. 6. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverages, in accordance with Section 14- 05.055 of the Municipal Code, prior to Final Map approval. 7. Engineered improvement plans, in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code, shall be approved by the City Engineer and /or the appropriate officials from other public agencies, including public and private utility providers, prior to Final Map approval. In addition to the City's standard improvement requirements, the applicant shall install a 2" pavement overlay with suitable pavement fabric on Monte Vista Drive along the frontage of the property, and sh #11 underground the existing overhead utilities serving any structures proposed to remain on site. 8. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and /or rights of way on the Final Map, in substantial compliance with the approved tentative map, prior to Final Map approval. In addition, the File No. SD -91 -002; 15425 Monte Vista Drive owner shall execute in the Owner's Certificate on the Final Map a relinquishment of rights of any ingress and egress to, and from any lot to and from, Monte Vista Drive and Saratoga Los Gatos Road. 9. The owner shall furnish an Agreement to be recorded concurrently with the Final Map and satisfactory to the City Engineer, assigning future maintenance responsibilities for the private road and all other private improvements prior to Final Map approval. 10. The owner (applicant) shall submit a Final Map in substantial compliance with the approved Tentative Map, along with the additional documents required in Section 14- 40.020 of the Municipal Code, to the City Engineer for his review and approval. The Final Map shall contain all of the information required in certain by Section 14- 40.030 of the Municipal Code and any additional information that may be required by the City Engineer. 11. 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. 12. 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 City Engineer prior to Final Map approval. 13. The owner (applicant) shall file with the Santa Clara County Recorder the requisite statement indicating that there are no liens against the property or any part thereof for any unpaid taxes or special assessments prior to Final Map approval. A copy of the statement shall be provided to the City Engineer. All public and private improvements shall be completed and accepted by the City Engineer, Planning Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to the acceptance of any applications for Design Review consideration. 15. Prior to Final Map approval, the owners(applicant) shall furnish the City Engineer with satisfactory written commit- ments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. 16. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to the start of any construc- tion of the subdivision improvements. On Plans. On Plans. Future. On Plans. N/A On Plans. On Plans. No wells. Future. Future. File No. SD -91 -002; 15425 Monte Vista Drive 17. The owner (applicant) shall provide an approved fire hydrant at cul -de -sac bulb. Fire flow shall be not less than 1,000 GPM at 20 PSI residual. 18. Entire 18' private driveway shall be marked "Fire Lane No Parking 19. Lot #1 shall be provided with an approved turnaround. 20. Street addresses shall be plainly posted at entrance to the subdivision. 21. All work associated with the subdivision should occur outside the State right -of -way. Construction or improvement of any connection to Route 9 will require an Encroachment Permit. Before an Encroachment Permit can be issued, a completed Encroachment Permit application, five copies of all plans, final environmental documentation, and conditions of approval must be submitted to Caltrans District 4. 22. Sanitary sewer service to the proposed building sites is available by installing a sewer extension from the existing sewer main in Monte Vista Drive. The proposed sewer should be constructed within a dedicated sanitary sewer easement and in accordance with West Valley Sanitation District's public sewer construction standards. 23. In addition to installing the sewer main for the subdivision, the owner (applicant) is also required to extend the proposed sewer system to the end of Sunnyside Drive. The cost shall be borne by owner (applicant). 24. In accordance with Santa Clara Valley Water District Ordinance 90 -1, the owner (applicant) shall show any existing well(s) on the plans. The well(s) shall be properly registered with the District and either maintained or abandoned in accordance with District standards. 25. Development applications for lots 11, 2, 3 and 4 shall require Design Review approval by the Planning Commission. A requirement of application submittal will be a landscape plan indicating native and drought tolerant tree species in conformance with the City's xeriscape guidelines. 26. Construction on lot #3 shall be limited to a maximum height of 20 ft. in order to preserve the northerly neighbors' existing viewsheds of the Santa Cruz Mountains. This condition shall apply only to initial construction, and shall expire at the time final occupancy approval is granted. Any future additions shall comply with current applicable City Code regulations and review procedures. Done. Future Done. Done. On Plans. Acknowledged. File No. SD -91 -002; 15425 Monte Vista Drive A 20 ft. height limit shall also be required for lot #4 if an application is made in the future to redevelop this site. This restriction would also expire once the new home was built and finaled. 27. All applicable tree preservation measures recommended in the City Arborist Report dated August 19, 1991 shall be met and the site inspected by the Arborist prior to Final Map approval. This includes, but is not limited to, work recommended for the Valley and Coast Live Oaks located within the State Route 9 right -of -way. This requirement shall be contingent on obtaining the appropriate approvals from Caltrans to perform work within the State right -of -way. 28. Any future decorative entrance gating and /or perimeter fencing into this development shall require Planning Commission review at a regular Planning Commission meeting prior to the issuance of a permit. Gates shall be provided with approved Fire District "Medeco" key system. 29. The applicant shall prepare a revised tentative map indicating the relocation of the private driveway on lot #2 a minimum of 10 ft. from the Onesto's west property line, prior to Final Map approval. This 10 ft. may include the required 6 ft. right -of -way. 30. The applicant shall submit a landscape and irrigation plan for Planning Director review and approval prior to the acceptance of the Final Map. This plan shall indicate landscape screening, consisting of native and drought tolerant tree and shrub species per the City's xeriscape guidelines, within the 20 ft. wide buffer strip between the access road on lot #4 and the Onesto property to the south, and the 10 ft. landscaped buffer strip between the private driveway on lot #2 and the Onesto property to the east. The applicant shall also enter into a landscape maintenance agreement for this landscaped strip prior to Final Map approval. 31. The applicant shall provide a system to collect drainage overflow at the northwest corner of lot #3 and direct it into an acceptable storm drain. This system shall be indicated on the subdivision improvement plans and subject to City Engineer review and approval, prior to Final Map approval. 32. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impos- sible to estimate damages the City could incur due to the violation, liquidated damages of $250.00 shall be payable to this City per each day of the violation. File No. SD -91 -002; 15425 Monte Vista Drive Acknowledged. 33. 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 or Federal Court challenging the City's action with respect to the applicant's project. Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 2 or approval will Conditions must be completed within 24 months expire. All applicable requirements of the State, other Governmental entities must be met. Section 3. County, City and Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this day of 25th day of September, 1991, by the following vote: AYES: CALDWELL, FORBES, TUCKER NOES: DURKET ABSENT: FAVERO, MORAN, BOGOSIAN ATTE The foregoing conditions are hereby accepted: Signature of applicant Date hai r 7,r .Lit 2 man, Planning "Omission 8 5 ,7 8ecri lannng Commission CONTRACT FOR THE IMPROVEMENT OF SD 91 002 AGREEMENT, made and entered into this day of 19 by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and A. R. Woolworth subdivider and Owner, hereinaf collectively called Subdivider: W I T N E S S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 15425 Monte Vista Drive situated in the City of Saratoga, County of Sant Clara, State of California; and WHEREAS, a final map of ia■r SD 91- 002.has been filed with the Cfty Clerk of the City of Saratoga for presentation to the Council for its approve which map is hereby referred to and by said reference incorporated herein; an WHEREAS, Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovemen- tioned subdivision, including, but without limiting the foregoing, the neces- sary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where` required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and spec fications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Marvin xirkebv Associates Civil Engineer, approved by the City Engineer and now on ft in the offices of the Clerk of said City and /or the City.Engineer's Office of said City, and WHEREAS, the City Council of said City did .on the day of 19 adopt a Resolution approving said Final Map rc�e.:�L�id certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and re- quiring as a condition precedent to the future acceptance of said offers of -2- dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City of Saratoga and in accord with the improvement plans and specifications on file as herein referred to, and requiring as a condition precedent to the release of said final map for recordation that the subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462(a) of the State of California, it is hereby agreed as follows: 1. Subdivider at his cost and expense shall construct all of the im- provements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and speci fications on file in the office of said City, for the construction of said improvements, in for, or appurtenant to said subdivision, and all in com- pliance with Article 14 -30 of the City Code as amended and the laws of the State of California, and shall complete the same within one year from the date hereof and shall maintain the same fair a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent, to recordation thereof, furnish to the City and.file w: the City Clerk a good and sufficient surety bond or bonds, money or negotiabLi bonds, in form to be approved by the City Attorney, securing the faithful performance by Subdivider of all work and the construction of all improvement: hrvw1 n f n «it -ed within,, time faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in all events at least S 1,000 -3- of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and re- pairs in addition to any other rights of use) the total amount of said bond to be in the sum of 7,500 (.Seven Thousand Five Hundred Dollars) and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by subdivider of all bills for labor and ma- terials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be Seven Thousand Five__Hundred Dollars 7,500 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boar4s, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought by any and all person or persons because of or resulting from the doing by Subdivider or any and all things re- quired of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors'of any and all things required to be done by this contract, or arising or resulting from any dangerous or defective condition arising of resulting from -any of the above said acts or omissions of subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destruction or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destru.. jvu, uamage or removal is required vs sa4se4.: r l..... or specifications or by direction of an officer, agent or employee of the City 4. Subdivider. 'hall, before the release of said final map by the City, a as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk certificates or policies of public liability and -4- property damage insurance in form satisfactory to the City Attorney, and Sub- divider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from subdivider's operations and activities in construction of any and al improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and /or arising or resulting from the doing or failure of subdivider to do all things required to be done pursuant to this agreement. Said policies of in- surance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS($1,000,000.00) for sack person, ONE MILLION DOLLARS $1,000,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the followin endorsement: 'Other insurance the coverage afforded by this insurance shall be primary coverage to the full limits of liability stated in the declarations If the assured has other insurance against the loss by this policy, that other insurance shall bi excess insurance only, after the entire face value of this policy shall have been exhausted by payment." 5. In consideration of City allowing Subdivider to connect said sub- division to certain existing or proposed out -of -tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right -of -way for, and /or to construct, any out -of -tract storm sewer drainage pipe lines and appurtenance which might reasonably be necessary to drain said subdivision and carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a condition precedent to the recorda- tion thereof, pay the City the sum of Zero dollars 0 -5- 6. In consideration of City agreeing to accept, in accord with this agreement, the in -tract storm drain lines and facilities constructed or to be constructed by Subdivider within or outside of said subdivision in accord with the plans and specifications now on file with the City offices,. includir. the streets and other easements in or beneath which said facilities lie, Sub- divider shall, before the release of said final map by City and as a conditio precedent to the recordation thereof, pay the City the sum of Zero Dollars 0 7. Subdivider shall, before the release of said final map by the City and as a condition precedent to the recordation thereof, pay to the City the sum of Five- thousand Eight- Hundred Sixty &One Dollars 5,861.25 to be applied by City to the payment of expenses to be incurred by City for engineering and inspection services to be performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be dons and performed in•accord with the within agree- ment, then and in that want, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same person, firm or corporation, then this agreement shall only be effective upon both the subdivider and the Owner separately executing the same, and ••+herever the term Subdivider is msg.'s the same shall include Owner and who -v r the term Owner is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal represen- tatives and,assigns of Subdivider and Owner, and time is of the essence hereof, -6- save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Sub- divider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORK: City Attorney CITY OF SARATOGA, a Municipal Corporatio By: Mayor By: i i 11 /1 1 1-- S�ubdivi ed r B J4i.11�\ Al Ij; (Owner, i di ferent from Subdivider) SARATOGA CITY COUNCIL 878 EXECUTIVE SUMMARY NO. Z1 1 6 AGENDA ITEM: MEETING DATE: 5/6/92 ORIGINATING DEPT.: lannin• CITY MGR. APPROVAL SUBJECT: General Plan Amendments to include policy statements and implementation programs in the Safety Element, related to erosion control and winterization of construction sites. Recommended Motion: Approve the General Plan Amendment to the Safety Element by adopting the attached resolution and the Negative Declaration for the project. Report Summary: At the 4/7/92 meeting, the Planning Commission considered amendments to the General Plan which incorporate new policies and implementation programs into the Safety Element. The policy and implementation statements were created to serve as a foundation for administrative requirements of the City Engineer for soil erosion control and winterization of construction sites which involve grading. The amendment of the General Plan was directed by the City Council in response to the recommendations of the Citizen Investigative Committee for Tract 7770. The intent of the revision is to strengthen the policy basis for requirements which are already established in the administrative process. The policy and implementation programs require the completion of erosion control measures and winterization plans on construction sites, prior to the winter rainy season, when deemed necessary by the City Engineer. The inclusion of policy statements in the General Plan, rather than regulations in the City Code, will allow the City Engineer to review each site and base the requirements on its unique conditions. The proposed policy statements and implementation programs are specified on the attached City Council resolution. The Planning Commission reviewed and considered the amendments and approved a resolution recommending that the City Council adopt the amendments as proposed. The Planning Commission also recommends adoption of the Negative Declaration prepared for the project. Staff report to the Planning Commission and the 4/7/92 Planning Commission minutes are attached. Fiscal Impacts: none Attachments: 1. City Council resolution adopting the General Plan Amendment and Negative Declaration. 2. Planning Commission resolution recommending adoption of the General Plan Amendment and Negative Declaration. 3. Negative Declaration and initial study. 4. Staff report to the Planning Commission dated 4/7/92. 5. Planning Commission minutes dated 4/7/92 and 4/16/92. Motion and Vote: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA, RECOMMENDING AMENDMENT TO THE GENERAL PLAN ADDING A POLICY STATEMENT AND IMPLEMENTATION PROGRAMS IN THE SAFETY ELEMENT RELATED TO EROSION CONTROLS AND WINTERIZATION MEASURES ON CONSTRUCTION SITES The Planning Commission of the City of Saratoga hereby resolves as follows: Section 1: That the Planning Commission held a public hearing on April 7, 1992, to consider draft amendments to the City Code, at which time all interested parties were given an opportunity to be heard; and Section 2: That the City Council determined that General Plan policy amendments are necessary to strengthen the basis for administrative requirements for erosion control and winterization plans; and Section 3: That a policy and implementation programs in the Safety Element are necessary to serve as a foundation for requiring erosion controls and winterization measures on construction sites; and Section 4: That the Planning Commission finds that the Negative Declaration prepared for this project reflects the independent judgment of the City as a lead agency, and recommends that the City Council adopt the attached Negative Declaration; and Section 5: That the Planning Commission hereby recommends that the City Council adopt the General Plan Amendment within the Safety Element attached as Exhibit "A" incorporated herein by reference. The above and foregoing resolution was passed and adopted by the Planning Commission of the City of Saratoga on the 22nd day of April, 1992, by the following vote: AYES: gedSlc NOES: A, ABSENT: 4# /GGC1 ATTEST: Secretary to Planning Commission RESOLUTION NO. GP -92 -001 Chair, fanning Co ssion RES -ND Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) File No. GP -92 -001 General Plan Amendment Including Policy Statement in the Safety Element Related to Erosion Control and Winterization Measures on Construction Sites Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Policy Statement and Implementation Programs proposed to be included in the City's Safety Element providing foundation for requirements of erosion control and winterization measures on construction sites. NAME AND ADDRESS OF APPLICANT City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION The purpose of the policy and implementations is to strengthen administrative requirements for erosion controls and winterization measures on construction sites to minimize impact on the natural environment and to protect human life and property. Executed at Saratoga, California this 3rd day of March, 1992. DIRECTOR OF PLANNING DIRECTOR'S AUTHORIZED STAFF MEMBER �SV1� i A ss.I c e 7! ,44..CA LOCATION: I. BACKGROUND CITY OF SARATOGA CRITERIA FOR DETERMINING SIGNIFICANT ENVIRONMENTAL IMPACTS (TO BE COMPLETED BY PUBLIC AGENCY) PROJECT: GP Amendment FILE NO: GP -92 -001 1. Name of Proponent: City of Saratoga 2. Address and phone number of Proponent: 13777 Fruitvale Avenue Saratoga, CA 95070 Tel: (408) 867 -3438 3. Date of Checklist submitted: 4/2/92 4. Agency requiring Checklist: 5. Name of Proposal, if applicable: Policy Statement Safety Element II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE. NO 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X The Policy and Implementation programs' purpose is to serve as a base for requirements for erosion control b. Disruptions, displacements, compaction+ or over crowding of the soil? X c. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of a lake? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure or similar hazards? X 2. Air. Will the proposal result in: YES MAYBE NO a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X c. Alteration of air movement, moisture or temp- erature, or any change in climate, either locally or regionally? X 3. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements in fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? X c. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water or any water in any water body? X e. Discharge into surface waters, or in any altera- tion ofsurface water quality, including but not limited to temperature, dissolved oxygen or turbidity? YES MAYBE NO X f. Alteration of the direction or rate of flow or ground waters? X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding? X 7 YES MAYBE NO Significant changes in the temperature, flow, or chemical content of surface thermal springs? X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass crops, and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish, or insects)? c. Introduction of new species of animals into an area or result in a barrier to the migration or movement of animals? YES MAYBE NO X b. Reduction in the numbers of any unique, rare or endangered species of animals? X X d. Deterioration to existing wildlife or fish habitat? X 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 4 7. Light and Glare. Will the proposal produce new light or glare? X 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? YES MAYBE NO X X X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation /Circulation. Will the proposal result in: YES MAYBE NO a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and /or goods? X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazardous to motor vehicles, bicyclists or pedestrians? X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govern- mental services in any of the following areas: YES MAYBE NO a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities? X a. Power or natural gas? X b. Communications system? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruc- tion of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in, adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? YES MAYBE NO X X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? YES MAYBE NO X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Findings of Significance: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish 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 b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long -term impacts will endure well into the future) 4 X The purpose of the proposed policy is to ensure that necessary erosion controls be completed in order to reduce soil erosion during the rainy season and to minimize environmental impacts. The required erosion control measures have short and long -term benefits in reducing environmental impacts. c. Does the project have impacts which are individ ually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant) The proposed policy is specific to erosion controls during and after construction. This policy is part of the Safety Element which covers other environmental impact issues. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The policy and the implementation programs will minimize environmental impacts and impacts on human life and property. III. DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed policy statement and implementation programs serve as a ground for administrative requirement for erosion control and winterization measures during construction. In addition to existing General Plan policies, the proposed amendment purpose is to minimize impacts on the natural environment, human life and property. IV. DETERMINATION: On the basis of this initial evaluation: DATE: 1- 1241 YES MAYBE NO X X X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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 the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. S1110‘6 ALY A0k ?IaM OA S GNATURE Printed on recycled paper. oauw cpo ucopo 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 M E M O R A N D U M COUNCIL MEMBERS: Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman TO: Planning Commission �(Q� FROM: Tsvia Adar, Associate Planner 11' DATE: April 7, 1992 SUBJECT: General Plan Amendments to include policy statements related to winterization of hillside construction sites The City's current administrative requirements prohibit hillside construction during the rainy season in order to prevent erosion. Occasionally, however, construction commences, but is not completed prior to the rainy season. In such cases, implementation of appropriate erosion control measures are required by the City Engineer. In order to strengthen the policy basis for the administrative requirements of the City Engineer, the City Council has determined that revisions to various general plan policies are in order. This determination was made in response to recommendation #18 of the Tract 7770 Investigation Committee which suggested, "the procedures and time constraints for winter or wet weather grading to enhance an inspector's authority in `buttoning -up' projects. be strengthened by placing them in an ordinance. Upon advise of legal counsel and the City Engineer, a change to General Plan language was opted for instead. The reason is that each site has unique requirements and individual engineering judgment within general policy is preferred to an ordinance approach. It is, therefore, the intent of this revision td create a specific policy and implementation statement which will serve as the foundation for requiring soil erosion control and winterization plans and structures when deemed necessary by the City Engineer. The policy and implementation statement is recommended for incorporation into the Safety Element adopted by the City Council on September 16, 1987. A policy and implementation programs are recommended to be added under the category of Hazard of Land Instability policies. The new policy and programs are proposed to read as follows: 1.4 (policy) Development which involves grading shall be performed in a manner which controls soil erosion during construction and after completion of the project. 1.4.1 (Imp.) Erosion control and winterization measures shall be incorporated into grading plans for review and approval by the City prior to issuance of grading permits. This requirement shall apply to any project which is determined by the City Engineer to have potential for soil erosion and other related problems during the construction of the project. 1.4.2 (Imp.) Adequate security to guarantee the implementation and maintenance of any required erosion controls and winterization measures shall be collected by the City prior to issuance of a grading permit. Staff recommendation Staff recommends that the Planning Commission review the proposed General Plan amendments, accept public testimony and continue the amendments to the 4/22/92 Planning Commission meeting. Appropriate revisions, if required, will be made and presented to the Planning Commission at that meeting. A draft resolution adopting the proposed General Plan amendments and a Negative Declaration will also be prepared for Planning Commission review and approval at the 4/22/92 meeting. Attachments: 1. Existing sections of the Safety Element proposed for amendment /0" 1.1 (Imp) The involving sites geologic hazards, Existing Safty Element Policies ISSUE IDENTIFICATION AND ADOPTED GOALS, POLICIES AND IMPLEMENTATION PROGRAMS In the hazard and impact identification chapters of this element and in the analysis of existing City safety policies, significant issues relating to the identified hazards and the City's plans for addressing them have been raised. These issues, and the recommended goals, policies and implementation programs to address them, are presented in the following pages. Hazards of Land Instability ISSUE #1: The physical and geologic characteristics of Saratoga have the potential to produce geologic instability problems for land development. Hazards occur when property is developed in ways which are unsuitable to geologic conditions in the area. Areas of particular concern to the City due to their history of geologic instability are the Upper Calabazas Watershed, the Congress Springs Study Area, and the Lower Saratoga Hillside Area. 1.0 (Goal) To protect residents from injuries and minimize property damage resulting from land instability and geologic hazards in populated areas. 1.1 (Policy) No development shall be permitted in the designated urban service area without individual site specific geotechnical investigations to determine depth of bedrock, soil stability, location of rift zones and other localized geotechnical problems. City Geologist will review proposals having potential land instability or and will make recommendations accordingly. 1.2 (Policy) Development in areas subject to natural hazards shall be limited and shall be designed to protect the environment, inhabitants and general public. In areas which have been proven to be unsafe, development of structures for human habitation shall be prohibited to the maximum extent permitted by law. 1.2 (Imp) Identify any areas of significant natural hazards as they become known. Development will not be allowed in these areas unless conditioned to mitigate such hazards. 1.3 (Policy) Proposals for General Plan amendments, zone changes, use permits, variances, building site approvals, and all land development applications subject to environmental assessment according to CEQA guidelines be reviewed for hazardous conditions utilizing the most current data. 45 1.3 (Imp) Mitigation measures to eliminate potential geologic hazards identified during the environmental review process will be required as conditions of development. Seismic Hazards ISSUE #2: Seismic activity and its secondary effects such as ground shaking, surface rupture or ground displacement along fault lines, and ground failure are potential hazards to the populated areas of the City. Two "potentially active" faults, the Berrocal and the Shannon, lie within the City limits, while the "active" San Andreas Fault traverses the City's Sphere of Influence. 2.0 (Goal) To protect the residents of the City and surrounding areas from seismically induced hazards. 2.1 (Policy) In order to mitigate the danger of earthquake damage, the City shall enforce strict earthquake construction and soil engineering standards, selecting the most stable areas for development and requiring developers to compensate for soil instabilities through approved engineering and construction techniques. 2.2 (Policy) Critical structures and systems vital to the public health and safety (water, power and waste disposal systems, police and fire stations, and communication facilities) shall not be located in areas of land instability and shall be designed to mitigate any seismic or geologic hazards associated with their sites. 2.1 2.2 (Imp) A series of General Plan reference maps delineating geotechnical hazards and environmental constraints is to be maintained and periodically updated as necessary to aid in the review of development proposals. 2.3 (Policy) The City should comply with State statutes regarding the identification of nonreinforced masonry structures. 2.3 (Imp) The City will inventory all nonreinforced masonry structures. in the Village area as State funding for such an inventory becomes available, and develop a program to help mitigate structural hazards related to such buildings. Flood Hazards ISSUE #3: Historically, much of the damage to private and public property during periods of heavy rainfall has been due to slope failure in hillside areas, induced by over saturation of the soil 46 PLANNING COMMISSION MINUTES April 7, 1992 Page 7 Planner Walgren presented the staff report dated April 7, 1992. He noted the minor modifications as outlined in the staff report. Chr. Caldwell stated she will abstain from this item as she has not had the opportunity to review the tapes from the last hearing. In response to Com. Moran's question, Planner Walgren stated there is not a fence proposed, but if one is, it would need to be at least 5 ft. from the retaining wall. Chr. Caldwell opened the public hearing at 10:10 p.m. Mr. David Thomas, 14000 Pike Rd, explained the original proposal and requested that the fence be placed on the property line as originally requested. He stated the 24" box tree to be planted, as required by staff, will have to be place on his neighbors property and he does not wish to do this. BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4 -0. BOGOSIAN /FAVERO MOVED TO APPROVE APPLICATION DR -91 -059.1 REMOVING THE CONDITION WHICH REQUIRES THE WALL TO BE SET IN 10 FT. PASSED 3 -0 -1 (Caldwell abstain) 6. GP -91 -001 City of Saratoga, General Plan Amendments to include policy statements in the Safety and Conservation Elements related to winterization of hillside construction sites. Associate Planner Adar presented the staff report dated April 7, 1992. She stated staff recommends the Planning Commission review the policy statement and implementation and direct staff to prepare a draft resolution with any revisions. She stated this would be continued to April 22, 1992 for final review. She stated the main problem is with construction not complete before the rainy season. In response to Com. consulting with the specific time period with it on a case by City Manager Peacock from applicants. site is 2.12 acres in size and is located in the NHR zone district. Bogosian's question, Ms. Adar stated, after City Engineer, it was decided not to have a that grading would not be allowed, but to deal case basis. explained the City Engineer's requirements The Commissioners discussed the safety element, Ms. Adar stated the safety element was updated in 1987, but the City can update it when deemed necessary. Chr. Caldwell opened the public hearing at 10:40 p.m. Chr. Caldwell closed the public hearing. PLANNING COMMISSION MINUTES April 7, 1992 Page 8 It was a consensus of the Commission to place this on the consent calendar for the next meeting with revisions made by Commissioners. 2. HR Hillside Residential Zone District Combined District of the NHR and HC -RD Zone Districts, Articles 15 -13 and 15 -14 of the City Code. In response to Com. Moran's question, Ms. Adar explained the noticing for these hearings. City Manager Peacock stated there are few parcels of land which will be effected by this zoning. Com. Moran suggested that staff notify the property owners in the HC -RD zone district. Ms. Adar stated staff is in the process of completing the major ridge line map, which will include this area and the Planning Commission will review this. Ms. Adar stated that height restrictions, rear setbacks and clustering will be changed. She noted staff do not anticipate major concerns. Com. Moran made the following changes: Page 7 (b) should read "To encourage development on gently sloping sites having natural screening features in preference to development on steep, visually exposed sites." Page 8, section S15- 13.040 add the word "or" before "noise" In response to Com. Moran's question, City Manager Peacock explained what a "model home" is. Chr. Caldwell requested that staff place application of the NHR Specific Plan to list the entire zoning district, on the agenda for discussion and consideration. She stated if this requires a General Plan Amendment, this would be her recommendation. BOGOSIAN /FAVERO MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE NHR AND HC -RD ZONING DISTRICT WITH THE REVISED CHANGES. PASSED 4 -0. DIRECTOR'S ITEMS 1. Review of amended guidelines regarding modifications to approved plan sets. Chr. Caldwell outlined minor changes to the guidelines as follows: 4. Landscaping for screening No change allowed. The landscape plan must show conditions specified by the Commission. The determination of whether or not the screening is adequate to meet the conditions shall be made prior to issuance of a zoning clearance. Planning Commission Minutes Meeting of April 22, 1992 Page Ten UNAPPROVED 7. GP -92-001 City of Saratoga, General Plan Amendments to include policy statements in the Safety Element related to winterization of construction sites. A Negative Declaration has been prepared for this project. Consideration of General Plan amendments to include policy statements in the Safety Element to address winterization and erosion control measures on construction sites when construction is not completed prior to the rainy season (Cont. from 4/7/92). Planner Adar presented the Report dated April 16, 1992 to the Commission. Chr. Caldwell opened the public heating at 9:43 p.m. Since there was no one wishing to speak, FORBES/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:43 P.M. Passed 7-0. BOGOSIAN /FORBES MOVED TO APPROVE RESOLUTION GP -92 -001. Passed 7- 0. DIRECTOR'S ITEMS 1. Memo from City Manager re: Impervious Coverage Limits Planner Adar gave a summary of this item. Planning Director Curtis stated that the item would not be difficult and suggested that the issue be addressed at a worksession to be scheduled in June. Comm. Moran expressed agreement with Mr. Curtis' comment and stated her preference to deal with the issue sooner rather than later. Comm. Tucker stated that she would like to compare the old ordinance with the new proposed ordinance and would like to be given information as to the reasons for the various changes. It was agreed that the item would be addressed at a worksession in June. 2. Review of modifications to an approved plan set; Rivoir, 20415 Montalvo Oaks (DR -91 -004). Planner Walgren briefly explained the modifications and answered questions of the Commission. Comm. Favero excused himself from the meeting at 10:00 p.m. EXECUTIVE SUMMARY NO. 2. MEETING DATE: 5/6/92 SARATOGA CITY COUNCIL AGENDA ITEM: e(2,d 11'1 ORIGINATING DEPT.: Planning CITY MGR. APPROVA eldder-#4 SUBJECT: HR- Hillside Residential District A combined district of the NHR and HC -RD districts. Recommended Motion: Introduce the HR ordinance and adopt the Negative Declaration. Report Summary: Following City Council direction and the recommendations of the Citizen Investigative Committee for Tract 7770, the Planning Commission considered combining the NHR and HC -RD zone districts into one district. On 4/7/92 the Planning Commission approved a resolution recommending that the City Council adopt the combined ordinance and a Negative Declaration for the project. The HR ordinance applies the NHR zone district regulations to all areas within the HC -RD and NHR districts. The current NHR and HC -RD district areas will be designated HR Hillside Residential. The regulations and standards in the NHR and HC -RD zone district are similar. Some of the differences were eliminated by amendments to the zoning regulations which were recently adopted. The major differences which may affect development within the HC -RD zone district are the following: 1. Height restrictions for construction on major and minor ridgelines. This restriction exists in the NHR ordinance and is included in the new HR ordinance. The City's current policy is to include consideration of potential impacts of proposed developments on minor and major ridgelines as part of the design review process for any hillside lot. In addition, the preparation of a ridgeline map is at a final stage. Following the adoption of the map, the height restriction will apply to all ridgelines identified on the map. 2. Clustered development. This provision exists. in the NHR zone district and will apply to the areas within the HC -RD district if the combined ordinance is adopted. Clustering of development is a conditional use and requires specific review and consideration on an individual basis. 3. Rear yard setback in the HC -RD area. The minimum required rear yard setback will be increased from 35/45 to 50/60 for first and second story respectively, if the HR ordinance is adopted. Since most of the lots in the HC -RD are one acre or larger, the potential of creating non conforming situations is limited. Staff report to the Planning Commission dated 4/7/92 is attached and provides background information and details on the nature of the new ordinance. The report includes a review of all the changes to the regulations of the HC -RD district as a result of the adoption of the new ordinance. A comparison chart of the HC -RD and NHR regulations is also attached to the report. In addition to a public notice in the local newspaper, notices were mailed to all property owners within the HC -RD zone district informing them about the proposed ordinance and designation. Fiscal Impacts: none Attachments: 1. HR ordinance 2. Planning Commission resolution recommending adoption of the ordinance 3. Negative Declaration and initial study 4. Staff report to the Planning Commission dated 4/7/92 5. Planning Commission minutes dated 4/7/92 Motion and Vote: ORDINANCE NO. 71. AN ORDINANCE OF THE CITY OF SARATOGA COMBINING ARTICLES 15 -13 AND 15 -14 OF THE CITY CODE TO ESTABLISH THE HR: HILLSIDE RESIDENTIAL DISTRICT AND AMENDING VARIOUS SECTIONS OF CHAPTER 15 TO INCLUDE REFERENCES TO SAID HR DISTRICT WHEREAS, the topography, existing geotechnical conditions and general site conditions in the Northwestern Hillside Residential (NHR) and Hillside Conservation (HC -RD) zone districts are similar; and WHEREAS, the City Council desires that the City combine the NHR and the HC -RD districts into a new Hillside Residential (HR) zone district, and apply the NHR zone regulations to all City's hillside areas within said district; and WHEREAS, the intent of the new Hillside Residential zone district is to protect the health, safety and general welfare of the community and to preserve the scenic value of the City's hills. NOW, THEREFORE, the City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 15- 10.010 in Article 15 -10 of the City Code is amended to read as follows: 815- 10.010 Designation of districts (a) A: Agricultural district. (b) R -1: Single family Residential districts, consisting of: R -1- 40,000 district R -1- 20,000 district R -1- 15,000 district R- 1- 12,500 district R -1- 10,000 district (c) HR: Hillside Residential district. (d) R -OS: Residential Open Space district. (e) AP /OS: Agricultural Preserve /Open Space Overlay district. (f) P -C: Planned Community district. (g) R -M: Multi family Residential districts, consisting of: R -M -5,000 R -M -4,000 R -M -3,000 (i) MU -PD: Multiple Use Planned Development district. (j) E: Equestrian zone. SECTION 2: Article 15 -13 and 15 -14 of Chapter 15 are repealed and the provisions thereof combined as a new Article 15 -13 to read as follows: Sections: (h) C: Commercial districts, consisting of: C -N Neighborhood Commercial C -V Visitor Commercial CH -1 and CH -2 Commercial Historic districts Zoning Regulations ARTICLE 15 -13 HR: HILLSIDES RESIDENTIAL DISTRICT 15- 13.010 Purposes of Article 15- 13.020 Definitions 15- 13.030 Permitted Uses 15- 13.040 Conditional Uses 15- 13.050 Development Criteria 15- 13.060 Subdivision of sites 15- 13.070 Site frontage, width and depth 15- 13.080 Site coverage 15- 13.090 Front yard, side yards and rear yard 15- 13.100 Height of structures 15- 13.110 Accessory uses and structures 15- 13.120 Fences, walls and hedges 15- 13.130 Signs 15- 13.140 Off street parking and loading facilities 15- 13.150 Design Review 15- 13.160 Storage of personal property and materials 815- 13.010 Purposes of Article In addition to the objectives set forth in Section 15- 05.020, the hillsides residential district is included in the Zoning Ordinance to achieve the following purposes: (a) To maintain to the maximum degree feasible, the natural environment and existing rural character of the area to which the district is applied. (b) To encourage development on gently sloping sites having natural screening features in preference to develop on steep, visually exposed sites. (c) To implement the open space element of the General Plan by ensuring maximum preservation of open space, including major ridgelines, densely wooded areas, and riparian vegetation. (d) To prevent development that would be subject to significant uncorrectable geotechnical or flood hazards. (e) To implement the Northwestern Hillside Specific Plan as adopted by the City on June 2, 1981, for the area included within the Specific Plan boundaries. S15- 13.020 Definitions In addition to the definitions set forth in Article 15 -06 of this Chapter, all of which are applicable to this Article, the following definitions shall apply to certain terms used herein: (a) City's geologic maps means the Ground Movement Potential Maps, as adopted by the City in Section 16- 65.020 of this Code, including the geologic data and text report to be utilized in conjunction therewith. (b) Major Ridge means a line connecting the points of highest elevation at the top of and parallel to the long axis of the lines of hills designated as major ridges as generally shown on the map entitled "Major Ridges HR District" adopted as part of this Article. (c) Minor ridge means a ridge other than a major ridge that is fifty feet or more above two points one hundred fifty feet distant from the top of the ridge on either side. S15- 13.030 Permitted uses The following permitted uses shall be allowed in the HR district: (a) Single- family dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. (c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40 of this Chapter. (e) Stables and corrals for the keeping for private use of not more than two horses on a site. The minimum net site area shall be 40,000 square feet for one horse and 80,000 square feet for two horses, except that in the equestrian zone only, a second horse may be kept if the net site area is at least 40,000 square feet. All horses shall be subject to the regulations and license provisions set forth in Section 7- 20.220 of this Code. (f) Swimming pools used solely by persons resident on the site and their guests. (g) The keeping for private use, of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations set forth in Article 7 -20 of this Code, and subject also to the restrictions and standards prescribed in Subsection 15- 11.020(h) of this Chapter. ih) Public parks, trails and other publicly owned open space. 015- 13.040 Conditional Uses The following conditional uses may be allowed in the HR district, upon granting a use permit pursuant to Article 15 -55 or Article 15 -56 of this Chapter. The conditional uses listed in paragraphs (k), (1), (m), (n) (o) of this section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (e) Model homes utilized in connection with the sale of new single family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (f) Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be 40,000 square feet, except that in the equestrian zone only, one additional horse may be permitted for each 40,000 square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7- 20.220 of this Code. (g) Plant nurseries, excluding sales of items other than plant materials. (h) Wineries. (i) One second unit, as authorized by a use permit granted pursuant to Article 15 -56 of this Chapter. ,(1) Cluster development in accordance with Section 15- 13.060(c). (k) Community facilities. /1) Institutional facilities. Jm) Police and fire stations and other public buildings, structures and facilities. (n) Religious and charitable institutions. So) Nursing homes and day care facilities. 815- 13.050 Development criteria No principal use shall be established, and no main structure shall be erected or constructed in the HR district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code: (a) Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14- 25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. The planting and landscaping portion of said plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the excavating and grading and subdivision ordinances of the City. Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid erosion, flooding, slides and other hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils hazard shall be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the geologic and soils investigation report and recommendations. (b) Geologic and soils report. A preliminary combined geologic and soils investigation and report prepared by a certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and soils report shall fully and clearly present: (1) All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data. (2) The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site. (3) Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe development of the property. (4) Recommendations for additional investigations that should be made to insure safe development of the property. (c) Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or prior to issuance of a building permit, unless the City Geologist determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies: (1) Soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures. (2) With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work. With respect to any area within one hundred feet of a recognized trace of the potentially active Berrocal fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable structure. (3) (4) A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale. (d) Inspection reports. The results of the geologic and soil investigations referred to in Paragraphs (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report shall affirm that the grading and foundation excavations were done under the supervision of a soils engineer and /or engineering geologist, shall describe the as -built condition of the project, and shall contain such other information as may be required by the City. (e) Location of building sites. (1) In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, Sun and Sex. Sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrate long -term stability to the satisfaction of the City. (2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built on a slope which exceeds forty percent natural slope at any location under the structure between two five -foot contour lines, except that: (i) a variance pursuant to Article 15 -70 of this Chapter may be granted where the findings prescribed in Section 15- 70.060 can be made, and (ii) an exception under Article 14 -35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14- 35.020 can be made. (f) Grading. The combined cut and fill of any grading shall not exceed 1,000 cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all of the following findings: (1) The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site; and (2) The natural land forms and vegetation are being preserved and protected; and (3) The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and (4) The increased grading is necessary to integrate an architectural design into the natural topography; and (5) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. (g) Grade of private streets and driveways. Unless otherwise permitted by the Planning Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet. 515- 13.060 Subdivision of sites. (a) Determination of lot size. Except as otherwise provided in Paragraphs (b) and (c) of this Section, each lot created upon the subdivision of any property within the HR district shall contain a minimum net site area based upon the average slope of such lot, determined in accordance with the following table: (see next page) *Average Net Site Average Net Site Slope Area Slope Area 0 or less 2.00 26 3.42 1 2.03 27 3.52 2 2.07 28 3.62 3 2.10 29 3.73 4 2.14 30 3.85 5 2.17 31 3.96 6 2.21 32 4.09 7 2.25 33 4.24 8 2.29 34 4.39 9 2.34 35 4.55 10 2.38 36 4.72 11 2.43 37 4.90 12 2.48 38 5.10 13 2.53 39 5.32 14 2.58 40 5.56 15 2.63 41 5.82 16 2.69 42 6.10 17 2.75 43 6.41 18 2.81 44 6.96 19 2.87 45 7.14 20 2.94 46 7.58 21 3.01 47 8.06 22 3.09 48 8.62 23 3.16 49 9.25 24 3.25 50 10.00 25 3.33 *Average slope in percent, as calculated in accordance with Section 15- 06.630 of this Chapter. (b) Increase in lot size. The City may require any or all of the lots within a subdivision to have a larger size than required under Paragraph (a) of this Section if the City determines that such increase is necessary or appropriate by reason of site restrictions of geologic hazards. (c) Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under Paragraph (a) of this Section, if all of the following requirements are satisfied: (1) The reduction in lot size is for the purpose of clustering building sites in order to create dedicated open space accessible by the public which may contain recreational facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15- 13.030(h). (2) The reduction in lot size is offset by an equal or greater area of land which is dedicated to the public as permanent open space. The cluster development reduces the gross development area which shall include but not be limited to grading, streets, driveways, main structures, accessory structures and impervious coverage so as to minimize, to the extent possible, views of such area from public lands, streets and highways. (4) No single lot has a net site area of less than 20,000 square feet. (5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula: (3) N S 1 0.5 .008S Where: N the net site area per dwelling unit. The average slope of a lot or parcel shall be determined according to the following formula: 0.00229 IL A Where S the average slope of the lot in percent I the contour interval in feet L the combined length of contour lines in feet A the net site area of the parcel in acres (6) The size of each unit shall be determined in relation to the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15- 45.030. In no case shall a single unit exceed 7,200 square feet in area. (7) The clustering of building sites will result in greater preservation of the natural terrain. (8) The use permit approved by the Planning Commission includes specified standards which may deviate from those contained in this Article as follows: (i) length of driveway; (ii) reduction in building height; (iii) reduction in allowable floor area; (iv) reduction in site coverage; (v) increase in site dimensions; and (vi) increase in setbacks. The clustered development shall be connected to a sanitary sewer system. (d) Resubdivision. Upon recordation of a final or parcel map covering any site within the HR district, applicants may request resubdivision of lots or parcels shown on the map only where the newly proposed lots meet all applicable general plan, zoning and subdivision provisions. Where a clustered subdivision has been approved pursuant to Paragraph (c) of this Section, no lot, including the open space lot(s) may be further subdivided unless the entire clustered subdivision continues to meet applicable general plan and zoning density requirements. (e) Exempted lots. Any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created, is exempt from the density requirements set forth in Paragraph (a) of this Section provided such lot was created prior to April 25, 1978. Any lot so exempted will not lose its exempt status if either of the following events takes place subsequent to April 25, 1978: (1) A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the original square footage of the lot; or (2) The lot is enlarged by the addition of land from any adjoining parcel. 815- 13.070 Site frontage, width and depth (a) The minimum site frontage, width and depth of any lot in the HR district shall be as follows: Frontage 80 ft. Width Depth 100 ft. 150 ft. (b) Notwithstanding the provisions of Paragraph (a) of this Section: (1) The minimum site frontage on a''cul -de -sac turnaround shall be sixty feet where seventy -five percent or more of the frontage abuts the turnaround. (2) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet. S15- 13.080 Site coverage The maximum site coverage on any lot in the HR district shall be as follows: (a) The maximum coverage shall be twenty -five percent (25 or 15,000 square feet, whichever is less. (b) In determining the amount of impervious surface, the area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related turnaround area determined to be necessary for safety purposes, shall be excluded. 815- 13.090 Front yard, side yards and rear yard (a) Front yard. The minimum front yard shall be thirty (30) feet or twenty percent (20 of the lot depth, whichever is greater. (b) Side yards. The minimum side yard shall be twenty (20) feet in the case of an interior side yard and twenty -five (25) feet in the case of an exterior side yard, or ten percent (10 of the lot width, whichever is greater. (c) Rear yard. The minimum rear yard shall be fifty (50) feet in the case of a single -story structure and sixty (60) feet in the case of a multi -story structure, or twenty -five percent (25 of the lot depth, whichever is greater. (d) Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. (e) In determining compliance with the requirements set forth in Paragraphs (a), (b), (c) or (d) of this Section, the following special rules shall be applied: (1) On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards. (2) Where a single -story addition which does not exceed twenty -two feet in height is added to an existing multi- story structure, the single -story addition shall comply with the single -story rear yard requirement, but need not comply with the multi -story rear yard requirement. (3) Where a second story is added to an existing single -story structure, or where an existing or new multi -story structure contains a portion thereof which is single story and does not exceed twenty -two feet in height, the multi -story rear yard requirement shall be applied only to that portion of the structure which is multi- story. 815 13.100 Height of structures No structures shall exceed two stories nor shall any structure exceed the following heights: (a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridge that does not have dense tree cover. (b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. (c) A single- family dwelling not limited by Paragraphs (a) or (b) above, shall not exceed twenty -six feet in height. Any other type of main structure not limited by Paragraphs (a) or (b) above, shall not exceed thirty feet in height. (d) An accessory structure not limited by Paragraph (a) above shall not exceed twelve feet in height; provided, however, the Planning Commission may approve an accessory structure extending up to fifteen feet in height if the Commission finds that: 1. The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and 2. The accessory structure will be compatible with the surrounding neighborhood. 815- 13.110 Accessory uses and structures Accessory uses and structures shall comply with the special rules as set forth in Section 15- 80.030 of this Chapter. 815 13.120 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter. 815 13.130 Signs No sign of any character shall be erected or displayed in the HR district, except as permitted under the regulations set forth in Article 15 -30 of this Chapter. 815- 13.140 Off street parking and loading facilities l Off street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15 -35 of this Chapter. 515- 13.150 Design Review The construction or expansion of any main or accessory structure in the HR district shall comply with the applicable design review regulations set forth in Article 15 -45 or Article 15- 46 of this Chapter. S15- 13.160 Storage of personal property and materials The regulations and restrictions set forth in Section 15- 12.160 of this Chapter, pertaining to the storage of certain items of personal property, shall apply to the HR district and the same are incorporated herein by reference. SECTION 3: The first sentence of Section 15- 29.020 in Article 15 -29 of the City Code is amended to read as follows: "In addition to the regulations set forth in Section 15- 29.010 of this Article, fences and walls located within an HR or R -OS district shall comply with the following regulations." SECTION 4: Subsection 15- 30.050(b)(7) in Article 15 -30 of the City Code is amended to read as follows: "(7) One real estate sign, not exceeding six square feet in area if located in an A, R -1, HR, R -OS or R -M district, and not exceeding twelve square feet in area if located in a P -A or C district. The sign may be free standing, but in such event shall not exceed four feet in height." SECTION 5: The first sentence of Section 15- 30.080 in Article 15 -30 of the City Code is amended to read as follows: "No sign of any character shall be permitted in an A, R -1, HR, R -OS or R -M district, except the following:" SECTION 6: The first sentence of Section 15- 30.120 in Article 15 -30 of the City Code is amended to read as follows: "In an A, R -1, HR, R -OS or R -M district, temporary free standing subdivision signs shall be permitted, provided they conform with the following regulations:" SECTION 7: Subsection 15- 40.010(f) in Article 15 -40 of the City Code is amended to read as follows: "(f) Medical offices for doctors, dentists, osteopaths, chiropractors and other practitioners of the healing arts are not permitted as home occupations in any A, R -1, HR, R -OS or R -M district." SECTION 8: Subsection 15- 40.010(1) in Article 15 -40 of the City Code is amended to read as follows: "(1) Professional or administrative offices wherein clients or prospective clients are regularly met upon the premises shall not be permitted as home occupations in any A, R -1, HR, R -OS or R -M district. This prohibition shall not apply to the sale of dwelling units out of a temporary office established in a model home when properly authorized by a use permit." SECTION 9: Section 15- 45.020 in Article 15 -45 of the City Code is amended to read as follows: "515- 45.020 Compliance with development standards "No single- family main structure or accessory structure shall be constructed or expanded within any A, R -1, HR or R -OS district unless the proposed structure or expansion complies with the floor area standards contained in Section 15- 45.030 of this Article and the setback requirements contained in Section 15- 45.040 of this Article. In the event of a conflict between the floor area and setback requirements in Article 15 -45 and the standards set forth in the R -OS zone district, the more restrictive standard shall govern. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15 -70 of this Chapter." SECTION 10: The first sentence of Subsection 15- 45.060(a) in Article 15 -45 of the City Code is amended to read as follows: "(a) In each of the following cases, no building permit shall be issued for the construction or expansion of a single family main structure or accessory structure in any A, R -1, HR or R -OS district until such structure has received design review approval by the Planning Commission pursuant to this Article." SECTION 11: Subsection 15- 46.020(a)(6) in Article 15 -46 of the City Code is amended to read as follows: "(6) Any structure, except a single- family dwelling or accessory structure, having a gross floor area of one thousand square feet or greater, located in an A, R -1, HR or R -OS district." SECTION 12: If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 13: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and, after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga, held on the day of 1992, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk tsvia \forms \art15 -14 Mayor, City of Saratoga RESOLUTION NO. AZO -92 -002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA RECOMMENDING COMBINATION OF ARTICLES 15 -13 AND 15 -14 OF THE CITY CODE TO ESTABLISH THE HR: HILLSIDE RESIDENTIAL ZONE DISTRICT AND AMENDMENT OF VARIOUS SECTIONS OF CHAPTER 15 TO INCLUDE REFERENCES TO SAID DISTRICT The Planning Commission of the City of Saratoga hereby resolves as follows: Section 1: That the Planning Commission held a public hearing on March 25, 1992, to consider draft amendments to the City Code at which time all interested parties were given an opportunity to be heard; and Section 2: That the topography and existing geotechnical conditions in the Northwestern Hillside Residential (NHR) and Hillside Conservation (HC -RD) zone districts are similar; and Section 3: That the combination of the NHR and HC -RD districts into a new Hillside Residential District (HR), and the application of the NHR zone regulations to all the City's hillside areas within said district is necessary to preserve and protect the City's hillside areas, the natural resources and the hillside scenic value; and Section 4: That the intent of the new Hillside Residential zone district is to protect the health, safety and general welfare of the community. Section 5: That the Planning Commission finds that the Negative Declaration prepared for this project reflects the independent judgement of the City as a lead G.gency, and recommends that the City Council adopt the attached Negative Declaration. Section 6: That the Planning Commission hereby recommends that the City Council adopt the HR zoning ordinance and zone amendments attached as Exhibit "A" incorporated herein by reference. The above and foregoing resolution was passed and adopted by the Planning Commission of the City of Saratoga on the :7th day of April., 1992, by the following vote: 4 AYES: CALDWELL, BOGOSIAN, MORAN, FAVERO NOES: no ABSENT: DURKET, FORBES, TUCKER ATTEST: fAr Secretary to Planning Commission RES -ND Saratoga PROJECT DESCRIPTION NAME AND ADDRESS OF APPLICANT REASON FOR NEGATIVE DECLARATION DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. HR- Hillside Residential Zone Ordinance A combined zone ordinance of the NHR Northwestern Hillside Residential and HC -RD Hillside Conservation Residential Districts. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 The combined new zone ordinance incorporates the regulations of the NHR zone district which are aimed towards hillside conservation and environmentally sensitive development. The intent of the ordinance is to minimize adverse impacts on the natural environment. Executed at Saratoga, California this 3rd day of March, 1992. DIRECTOR OF PLANNING File No. AZO -92 -002 DIRECTOR'S AUTHORIZED STAFF MEMBER '�SY Adi.ctAc Associu4e P{a FORM EIA -lb -s HR Hillside Residential PROJECT: Zone Ordinance FILE NO: AZO -92 -002 LOCATION: I. BACKGROUND Southern and Western hillside areas within the City's current NHR and HC -RD zone district boundaries 1. Name of Proponent: City of Saratoga 2. Address and Phone Number of Proponent: (408) 867 -3438 13777 Fruitvale Ave. Saratoga, CA 95070 CITY OF SARATOGA CRITERIA FOR DETERMINING SIGNIFICANT ENVIRONMENTAL IMPACTS (TO BE COMPLETED BY PUBLIC AGENCY) 3. Date of Checklist Submitted: 4. Agency Requiring Checklist: 5. Name of Proposal, if applicable: 2/29./92 HR Ordinance ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe "answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? YES MAYBE NO b. Disruptions, displacements, compaction or over- crowding of the soil? 4 c. Change in topography or ground surface relief features? _IL X d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of a lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or region- ally? 3. Water. Will the proposal result in: YES AY3E X X X a. Changes in currents, or the course or direction of water movements in fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? X c. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water or any water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water other- wise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding? j. Significant changes in the temperature, flow, or chemical content of surface thermal springs? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass crops, and aquatic plants) b. Reduction of the numbers of any unique, rare or endangered species of plants? X YES yr, X X X X X YES MAYBE NO c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals includ- ing reptiles, fish, or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? 6. Noise. Will proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? X X d. Deterioration to existing wildlife or fish habitat? X X X 8. Land Use. Will the proposal result in a substantial a tT e=at on of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (inlcuding, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution; density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X 13. Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? -5- YES :!AME NC X X X b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazardous to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X YES :•1AY3E NC X _X_ b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or• substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruc- tion o any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? YES MAYBE SC X X X X 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of 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? The regulations in the NHR Ordinance are aimed and specifically designed to minimize impacts of future developments on the natural environment. b Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long -term impacts will endure well into the future.) 4 The ordinance includes regulations and restrictions for all proposed developments, and will minimize short and long term impacts. YFS MAY3E NO X X c. Does the project have impacts which are indivi- dually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) the .ggulations and restrictions are related to all aspects of conservation of natural resources. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Developments in geological or other hazard zones are regulated to ensure the necessary mitigation measures to minimize impacts on the environment. II. DISCUSSION OF ENVIRONMENTAL EVALUATION The purpose of the combined zone district ordinance is to apply YES :4AY3E NO the same regulations to all City hillside areas to ensure conservation of the natural environment, to integrate developments in the natural environment, control or prevent development in areas of geotechnical, flood or other hazards, and to preserve the scenic view of the hills. These regulations intend to minimize adverse impacts on the environment. X J W. DETERMINATION On the basis of this initial evaluation: (g, I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. O 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. O I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. DATE: 1/2g1g2 4DDITIONAL COMMENTS: S IGNATTJRE For: -10- (rev. 5/16/80) Printed on recycled paper. M E M O R A N D U M 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: TO: Planning Commission FROM: Tsvia Adar, Associate Planner DATE: April 7, 1992 (continued from March 25, 1992) SUBJECT: HR Hillside Residential Zone District A combined district of NHR and HC -RD Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman On 6/19/91, Saratoga Citizens Investigative Committee for Tract 7770 submitted its final report. One of the Committee's recommendations was to combine the regulations of the HC -RD, Hillside Conservation Residential District, and the NHR, Northwestern Hillside Residential District into a single set of hillside development zoning ordinances. This concept of combined zone districts, was also approved by the City Council at its joint meeting with the Planning Commission in May, 1991. The HC -RD ordinance was originally established by the City on April 7, 1976 and included all the City's hillside areas within the current HC -RD and the NHR zone boundaries. On 6/2/81, following Measure "A the Northwestern Hillside Specific Plan was adopted, directing the establishment of the NHR zone district. The newly established ordinance emphasized the preservation of the natural environment and the existing rural character of the City. A number of new regulations were added to the NHR ordinance aimed to protect visually prominent hillside areas, and avoid development that would be subject to geological or flood hazards which cannot be corrected. The zone district standards in the NHR ordinance remain, however, fairly similar to the HC -RD ordinance. Recent amendment to the Zoning Ordinance further reduced the differences in the two zones. Comparison of the differences in the regulations in both zone districts is attached to the staff report. The combined zone district is proposed to be renamed HR Hillside Residential district. The proposed HR ordinance applies the regulations and standards of the NHR zone district. The following are the various sections of the HC -RD ordinance that are being modified in the new HR ordinance: 1. Section 15- 14.010 Purposes of Article Although the list of purposes in the NHR and HC -RD ordinances are presented differently, the intent of hillside conservation through sensitive and compatible development with the natural environment and geological /soil hazards is clearly expressed in both ordinances. The "Purposes" section of the NHR ordinance was incorporated in the HR zone ordinance. Subsection (e) was modified to specify the area to which the Northwestern Hillside Specific Plan is applied. The applicable area includes only the current NHR district boundaries. 2. Section 15- 14.020 Definition This section does not exist in the HC -RD zone district, and was included in the new HR ordinance. 3. Section 15- 13.030 Conditional Uses The conditional use permits in the NHR and HC -RD are identical. However, in the NHR zoning ordinance, the conditional uses listed in paragraphs (b), (c), (d), (e) and (f) require to compliance with additional findings. These findings are proposed to be included in the HR ordinance. Additional conditional uses exist in the NHR and were included in the HR ordinance. These uses include, stables and corrals, plant nurseries, wineries and cluster development (paragraphs (g) (h) (j) and (k) in Sec. 15- 14.040) 4. Subsection 15- 14.050(c) and (d) under Development Criteria These two sections related to additional geotechnical studies and inspection reports do not exist in the HC -RD and were included in the HR ordinance. 4 5. Subsection 15- 13.050(c) Location of Building Sites The parallel section in the NHR [15- 14.050(e)] is more specific and references the geotechnical hazard districts. The NHR regulation was incorporated in the HR ordinance. 6. Subsection 15- 14.050(f) Clustering of Dwelling Units The HC -RD zone district ordinance has no provision for clustered development. This provision was incorporated in the HR ordinance and will apply to all the hillside areas within the current NHR and HC -RD boundaries. 7. Subsection 15- 14.050(a) Grading This section was currently amended in both the NHR and HC -RD ordinance to read the same. 8. Subsection 15- 13.090(a) Front Yard, Side Yard and Rear Yard The rear yard setback for interior lots in the HC -RD are smaller than those in the NHR. The NHR setbacks of 50 ft. for one story and 60 ft. for two -story were incorporated in the HR ordinance. The HC -RD rear yard setbacks are 35/45 ft. respectively. Most of the lots in the HC -RD are similar in size as in the NHR and normally maintain larger setbacks than the minimum required. Therefore, the application of the NHR rear yard standard should not create an unexpected number of nonconforming structures. The HC -RD height standard does not include development restriction on minor and major ridgelines. The NHR regulations related to maximum allowable height above ridgelines was incorporated in the HR ordinance. The City hired a consultant who is at the final stage of preparation of a City -wide ridgeline map. The map will be presented to the Planning Commission and the City Council for adoption. At that time, the sections of the Code related to development restrictions on ridgelines will be amended as necessary. Environmental Impact Assessment An initial study of possible environmental impacts was prepared by staff. The new HR ordinance incorporates the more restrictive regulations to ensure that developments are sensitive to the natural environment, and minimize adverse impacts. A Negative Declaration was prepared for Planning Commission review. Staff Recommendations: Staff recommends that the Planning Commission adopt the attached Resolution #AZO -92 -002 recommending adoption of the HR combined zoning ordinance and the Negative Declaration by the City Council. 9. Section 15- 13.100 Height of Structures Attachments: 1. Mk Proposed Ordinance 2. HC- RD /NHR comparison 3. Resolution AZO 91 002 Negative ion and Initial Study 5. City Council /Planning Commission joint meeting minutes from 5/14/91 TA /dsc wp \tsvia \memo.pc \hrord NHR /HC -RD Comparison NHR 515- 14.010 Parma or mode In addition to the objectives set forth in Section 15-05.020, the northwestern hillsides residential dbtriet is included in the Zoning Ordinance to achieve the following purposes (a) To maintain to the maximum degree feasible the natural environment and elating rural character of the area to which the district is applied. features u development dsopment of gently eloping sites having natural screening preference to steep, visually exposed sites. (e) 7b implement the open space element of the General Plan by ensuring maximum preservation of open space, including major ridplinss, densely wooded areas, and riparian vegetation. id) To prevent development that woeld be subject to significant uneorreetable geotsoimiaal or flood bawds. (s) To implement the Northwestern Hillside epesulc Plan as adopted by the City on June 2,1981. HC -RD 1115 -15.018 Ptepecae et Areas In addition to the objectives sat forth in Bastion 15-05.020, the hillside conservation reddsnthl district is inch led in the Zoning Ordinance to achieve the following [exposes: (a) To create a zoning district and regulations therefor to implement the open span conservation 01 the landscaping and open epee at preservation ews permitting orderly and regulated residential development. (b) TO create a mning district compatible cud ommistent with the slope oo:uervatian ants shows on the General Plan. (e) To create a spatial zoning district which establishes development density an guidelines and criteria based upon steepness of slope end other matters relating to development eepability. (d) 7b Insure as orderly and harmonies.' sbtpe -family residential development that will minimise the amount of disturbaaee to the natural terrain. (e) 7b lours Lad use in halloos with its natural ddlity to support (t) 7b requite geologic, soils and other investigation and reports so as to minimise hazards. (g) 7b create a zoning district for application to open space areas which is r r� ad adoptab a to being combined with *need community development open eeasements,�and thus to homes �A con o ge e at dedication of the additionally supplement the apes spats aces of NHR 515- 14.020 Danz akar In addition to the definitions set forth in Article 15-05 of this Chapter, all of which are applicable to this Article, the following definitions shall apply to certain terms used herein: (a) Ctty%s geologic maps means the Ground Movement Potential Maps, u adopted by the City in Section 16- 85.020 of this Code, including the geologic data and text report to be utilised in conjunction therewith. (b) Major ridge mew a line connecting the points of highest elevation at the top of and parallel to the long axis of the lines of hills designated as major ridges as generally shown on the map entitled "Major Ridges NHR District" adopted as part of this Article. (e) Minor ridge means a ridge other than a major ridge that is fifty feet or more above two points one hundred fifty feet distant from the top of the ridge on either side. HC-.RD This Section does not exist in the HC -RD NHR 510.10JY Ceaditlesd es The follow condition& eon may be Niswed Is the NU dente, upon the granting of a use permit peesuaat te Arens 1555 err Argon 1541 d this Chapters (al Aeocaaary strvattaea W one bested se the same site es a condltimd um. (b) Any of the conditional mm Wtad m Perageapin (b), (o), (d), (e) and (A of Saetion 15- 17.030, provided the sue de an ornate maiar nettle or now Jepson and are famed to be compatible win the 1m.ediats1y weerandlns seen (e) Public utility and pare swiss ptmepinc statics, power stations. drahep way and struoeerea, stomp tanks and tomemmelen tme.. (a! Raerembinel ems% to be mad coley by persons residua as the site and their t; (e) Bearding stables sad esemmity stables, sableat to the rapWlons praeeelbed in Secnon 140.720 et this Coda. (0 Model hoses utilised is coneseon with the sale of new sigie tuft' dtreignps in a Mains, located epee a lot wit hi the saes subdivision at, in the discretion d the Merin( Comma, epos a lot within antler sobdrhba developed by the appn ens% far emit period of time as determined by the Pleating Commission, not to cawed an initial term of one year and not •seceding a term of one year to each extension thereat. (g) Stables and mean to the beeping for privets to d mere the two horses sea site. The neatness net site area for sash horse shall be 40,000 were feet, usenet that in the egmOwUs see any, one additions' base say be permitted tar each 40,000 square test d net site are& All hone shall be subteen to the regulations end license provisions sat forth la lentos 1- -10.220 of Mk Code. (t) Plant nurseries, eadudLg sales et items other then plant materiel/. M. W Wineries. Art1eN 1hH0 One seated mit, d as eathotised by a the permit pasted pnesset to (k) Cluster developments in accordance vith Section 15- 14.070(c). HC -RD 515 -1LN. CaidItImel ems The i of a �ltlmnl uses may be albab In an HC-RD district, upon the Pit ptleauaat to Article 15-80 or Article 13-8I of this Chapter: (a) Accessory structures and uass located on the same sits es a conditional use. (b) Comfmmity factUtlui. (o) Institutional faeWtia&. facW (d) Police and firs statism and otMr public bedldlnp, structures and (s) Religious and charitable institutions. (f) Nursing homes and day ears facilities. W Public utWty and public service pumping stations, power stations, drainage ways and strestwes, storage tanks and transmission lines. their Recreational ocean used s, to be solely by parsons resident an the site and (1) Boarding stables and oommtmity stables, subpet to the regulations prescribed In Section 7.20.=20 of this Code. (9 Model homes utilised in eenoeetion with the sale of new single- family dwelling" In a subdivision, toasted upon a lot within the same subdivision or, in the discretion of the Plana* Commision, upon a lot within another subdivision developed by the appIieant, for such period of time as determined by the Planning Commission, not to mooed an bdtial term- of one year and not exceeding a term of one year for sash extension thereof. (k) One second unit, as authorised by a use permit granted pursuant to Article 1S-56 of this Chapter. NHR 51s- 14.0141 Development criteria additions' studies studies required. The City shall also require the following a permit, t to approval of a site development plan or prior to 'menu kiln to the subdivdision ore the site determines that existing information have been obtained from any or ail of such additional studies: (1) Soil and foundatio engineering g inveatigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and ffll. design and construction), pavement design, drainage (surface and subsurface), utility trench bat:kilning, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures. (2) With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work. (3) With respect to any area within one hundred feet of a recognized trace of the potentially active Berroeal fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable structure. (4) A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale. (d) inspection reports The results of the geologic and soil investigations referred to in Paragraphs (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report shall affirm that the grading and foundation excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as -built condition of the project, and shall contain such other information as may be required by the City. HC -RD These Sections do not exist in the HC -RD (e). Location of building sites. (I) In locating building sites, preference shalt be given to areas classified in the City's geologic maps as Sbr, Sls, Sun and Sex. Sites on potentially moving slopes (Pm w• Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrate loag -term stability to the satisfaction of the City. (2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five foot contour lines, except that: (1) a variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15- 70.080 can be inade, and (1I) an exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-33.020 can be made. (f) Clustering et dwliing mita. Dwelling units may be clustered with the approval of the Planning Commission. Such approval shall be based upon a finding the clustering of dwelling units will significantly promote the purposes of this Article while allowing reasonable use and enjoyment of the site. The clustering of dwelling units shall be subject to the restrictions on density as set forth in Section 15- 14.070 and the yard requirements u set forth in Section 15- 14.100. (e) Lowatieh et bidding situ. The avenge natural grade of the footprint underneath any dwelling wit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling wdt, swimming pool or other structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five -toot contour Unme except that: (1) A view pirsuant to Article 1540 of this Chapter may be granted where the findings prescribed in Section 15 70.080 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance may be made. where the findings in Section 14- 35.020 can NHR HC -RD Clustering is not permitted in the HC -RD S1S 14.100 Frank yard, side pro and rear yard (a) Except as otherwise provided in Paragraphs (e) or (d) of this Section, the minimum front yard, side yards and rear yard of any lot in the NHS district, except a corner lot, shall be as follows: Front Side Single -Story Multi-Story Yard Yard Rear Y Rear Yard 30 f 20 f *$Oft. *60 ft. (b) Except as otherwise provided in Paragraphs (c) or (d) of this Section, the minimum front yard, side yards and rear yard of any corner lot in the NHR district shall be u follows: Front Exterior Interior Single -Story Multi -Story Yard Side Yard Sid__ Rear yard Re= d 30 ft. ZS ft. 20 ft. ZO tL 30 ft. (e) The minimum side yard requirements set forth in Paragraphs (a) and (b) of this Section shall not apply to clustered dwelling units and such units may be located at any point at least ten feet from the side property lines; provided, however, the space between clustered dwelling units on adjacent sites shall be not less than thirty feel S15- 13.000 boat yard, aide yards awl MP Aral (a) The minimum front yard, side yards and rear yard of any lot in an HC- RD district, except emir lot, stall be as followo Front Yard 30 ft. NHR HC -RD Tar Rear Rear Yard Oft. *33ft: *sift. (b) The saddens front yard, side -yards and rear yard of any corner lot in an EC-SD dbtelst shall bees follows: Front Interior Interior SingivItery Multi-Story Side Yard, !teat Yard Rear Yard 38 ft. 2$ft. MI ft. =oft. 30 ft. NHR 51S- 14.110 Height at struetses following No struhtue shall exceed two stories nor shall any structure exceed the (a) No structure shall extend to an elevation within of the nearest adjacent major ridge that does not have eight feet from the top dense tree cover. (b) No main structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. (c) A single- family dwelling not limited by Paragraphs (a) or (b) above, shall not exceed twenty -six feet in height. Any other type of main structure not limited by Paragraphs (a) or (b) above, shall not exceed thirty feet in height. (d) An accessory structure not limited by Paragraph (a) above shall not exceed twelve feet in height. HC -RD 515 -13.110 Height of strustem= (a) No single- family *Mast shall exceed twvetpcht feet in height and no other type of main structure shell exceed thirty fat in height, (b) No accessory structure shall nosed twelve fat in height. (e) No structure shall exceed two stories. MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, May 14, 1991 7:30 p.m. PLACE: Community Ctr. Arts and Crafts Rm., 19655 Allendale Ave. TYPE: Adjourned Regular Meeting /Joint Meeting with Planning Commission 1. Roll Call Councilmembers Anderson (arrived at 7:38 p.m.), Clevenger, Kohler and Monia were present; Mayor Stutzman was absent. Vice Mayor Kohler presided at the meeting. 2. Report of City Clerk on Posting of Agenda The City Clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 10. The notice of adjournment from the May 1 Council meeting was properly posted on May 2. 3. Oral Communications from the Public None. 4. Design Review Revisions, Development Standards Revisions, single family districts The Planning Director presented a report on the changes proposed by staff as a result of Council direction and discussions by the Planning Commission and staff since the October 1990 meeting where development standard reform was discussed. Discussion ensued regarding limiting house size in the hillside zones as is done in the R -1 districts. There was also discussion on the problem of creating too many non conforming lots in the R -1 districts by increasing setback requirements. The reduction in house size as a function of height was also discussed as to intent regarding houses of less than 18 feet in height not being penalized but in fact rewarded by an increased house size if the house is less than 18 feet high. The slope density adjustment revision to make same more restrictive than currently exists was discussed and the limitation on house size of 2400 square feet was also discussed. Staff was instructed to prepare tables showing various slope densities, lot sizes, and house sizes to examine the need for maximum home size. generally It was agreed exempt from coverage but reduce the allowable coverageexcept for driveways as discussed by staff. Staff to provide for allowing a merger of lots and proportionate increase in house size as an incentive for merger. 5. Application and Expectations Ex Parte Policy The City Attorney reviewed the concept of ex parte communication as it relates to due process, particularly as related to items which are the subject of a public hearing. The City Council agreed that the City Attorney should prepare such a policy in writing and the reasons thereto for adoption by the City Council as a guide to the Council and the City's commissions. 6. Combining the HCRD and NHR Districts pros and cons It was agreed that with the application of ridgeline standards that these two districts should be combined and the HCRD district merged into the NHR district. 7. Circulation Element and Heritage Lane Designation resolving conflicts It was generally agreed that policies regarding heritage lanes should be included in the circulation element but the impacts of such policies should be analyzed. Heritage Commission to work on creating an inventory of heritage lanes for the Planning Commission to address in the Circulation Element. City Council Minutes Page 2 May 14, 1991 It was agreed.that standards for arterials and collectors should be illustrated in the Circulation Element. 8. Dividend Proposal for Paul Masson Status and Prospects The Planning Director briefed the Council and the Commission on the status of progress in developing the site under the current approved plan. An alternative plan is now being proposed for the site if senior housing will not or cannot be built. The developer asked for concurrence to continue. Councilmember Monia asked for an update on the inventory of senior housing in the surrounding area by staff for the hearing on this matter. Mr. Oliver brought up the issue of weed abatement on the Beauchamps Park for 1989. 9. Circulation Element and the necessity to conduct further studies of specific streets Discussed under Item #7. 10. Adjournment The meeting was adjourned at 10:23 p.m. Respectfully submitted, Harry R. Peacock City Clerk PLANNING COMMISSION MINUTES April 7, 1992 Page 8 It was a consensus of the Commission to place this on the consent calendar for the next meeting with revisions made by Commissioners. 2. HR Hillside Residential Zone District Combined District of the NHR and HC -RD Zone Districts, Articles 15 -13 and 15 -14 of the City Code. In response to Com. Moran's question, Ms. Adar explained the noticing for these hearings. City Manager Peacock stated there are few parcels of land which will be effected by this zoning. Com. Moran suggested that staff notify the property owners in the HC -RD zone district. Ms. Adar stated staff is in the process of completing the major ridge line map, which will include this area and the Planning Commission will review this. Ms. Adar stated that height restrictions, rear setbacks and clustering will be changed. She noted staff do not anticipate major concerns. Com. Moran made the following changes: Page 7 (b) should read "To encourage development on gently sloping sites having natural screening features in preference to development on steep, visually exposed sites." Page 8, section S15- 13.040 add the word "or" before "noise" In response to Com. Moran's question, City Manager Peacock explained what a "model home" is. Chr. Caldwell requested that staff place application of the NHR Specific Plan to list the entire zoning district, on the agenda for discussion and consideration. She stated if this requires a General Plan Amendment, this would be her recommendation. BOGOSIAN /FAVERO MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE COMBINATION OF THE NHR AND HC -RD ZONING DISTRICT WITH THE REVISED CHANGES. PASSED 4 -0. DIRECTOR'S ITEMS 1. Review of amended guidelines regarding 4 modifications to approved plan sets. Chr. Caldwell outlined minor changes to the guidelines as follows: 4. Landscaping for screening No change allowed. The landscape plan must show conditions specified by the Commission. The determination of whether or not the screening is adequate to meet the conditions shall be made prior to issuance of a zoning clearance. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY 110.21/W AGENDA ITEM MEETING DATE: May 6 1992 ORIGINATING DEPT: Engineering SUBJECT: Relocation of Pedestrian and Equestrian Easement, 21471 Continental Circle (Kemp) Recommended Action: 1. Adopt resolution abandoning existing easement. 2. Adopt resolution accepting offer of new easement. Discussion: Motion Vote: 6 rl CITY MGR. APPROV It Mr. Mrs. Kemp, the Owners of 21471 Continental Circle in the Parker Ranch subdivision, have requested the relocation of a pedestrian and equestrian easement on their. property. The existing easement has never been used by the public because of topography problems and instead, a new trail was developed by the Kemp's last year which has been used by the public. The Kemp's are requesting abandonment of the existing easement which runs next to their home and are offering to the City a new easement across their property in the location where the trail actually exists. This matter was reviewed by the Parks and Recreation Commission in June of last year and was approved by the Commission at that time. Fiscal Impacts: None. Attachments: 1. Vicinity and Site Maps. 2. Resolution abandoning easement. 3. Resolution accepting easement. :'s�v �t' ar vva'�i ik.g. ]�v++ii•�'— A se ENEF FROdr i$ IW,F" ti ,PARCEL O 3.7,ACRES= t c-i- Mat"rs /7 'N: !UV:. 4H 71� L— 4. l S14 p[D•NOME9 /T WA s,ar ass/4ov 5V it 04 t a+4'TK4 DA. r.4 ..49d 1 r c ik).X. -77.1 N.„ T P, g yT O cr o s s T rp t I r,i r r; l am,-- i F/T it �fo I *-'acrrnr icc .ti/- a.....as ANO pro," !Pea IPA II A+. fI A N.— if g ler PH f ORflatENr• 'CI' D'�'�ACT A• /ST TR Np C T/ y riPA/L Eqr yE,vid PS.e PARCEL A TRACT '6526 OPEN PACE e P.B.E R RANCH ms 's- .r ,i LAWN 669.8 89.s ,66 1 TRA1I WITH 8/ RAILROAD 4'4 PAY/ l' I •r X ECTI S E S I I t 3 •1 S 19'19'07"W 25.47' '680 NS ET 2. ExlS G 2 E a i P S E. 9, r y .f. .t a •1 I S 1• ;RA �t }r� It•• p Y ;r, i'r Yr r ^A fib• r„ ;et `!".1 •+T'r ::‘414 St "1: #A y^ ■•kt 1 1 f' 1 •1 4 .1 r lo :'4. l: ��1•,' �.'1 ;S ..1. R i ;t 4 illlit+ .s• 1 t i JI•1 t •Y 1 t Ai ...,...„r,, N 4 1• t 5 EXECUTIVE SUMMARY NO. 211 AGENDA ITEM Z MEETING DATE: May 6, 1”2 CITY MGR. APPROVAL Weg,- ORIGINATING DEPT: city Manager's Office SUBJECT: Recreation Department /CASA Fun Run Special Events Permit Request Recommended Motion: Authorize the City Manager's Office to issue a Special Events Permit for the Fun Run as proposed. Further authorize City financing for all law enforcement and liability costs as a co- sponsor, and authorize the closure of Herriman Avenue for 45 minutes as proposed. Report Summary: SARATOGA CITY COUNCIL This is the fifth year that the Fun Run will be held, and the third year for co- sponsorship by the City Recreation Department. As co- sponsor, the City will pick up the law enforcement and liability costs of the activity, as well as providing staffing for the organization of the event. The Fun Run is scheduled for Sunday, June 7, 1992, beginning at 8 :30 a.m. 750 participants are anticipated. Staff has advised those residents affected by the closure of Herriman Avenue. Fiscal. Iiipacts: $60 filing fee and $250 clean -up deposit waived. Approximately $90 for law enforcement services. Unknown fiscal impact with regard to liability coverage. Attachments: Report by Recreation Director and event flyer. Motion and Vote: C CK:awm /084.acm toauw go ucopo 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 To: Carolyn King From: Joan Pisani Subject: Saratoga Fun Run Listed below is the information you requested for the Saratoga Fun Run Special Events Permit. 1. Date: June 7, 1992 Time: 8:30 a.m. 2. Estimated attendance: 750 3. Co- sponsors: Saratoga Recreation Department, CASA (Community Against Substance Abuse), •and Pacific Western Bank 4. Route at Fun Run: The Fun Run- will use the same route as last year. Participants will check in at Saratoga High School. Runners will complete one lap around the Saratoga High track, out through the gates at the Herriman end of the track, across Herriman, down Lexington Court, turn right onto Franklin, left onto Hammons and right onto Glen Brae. The finish will be at Congress Springs Park. 5. Length of run: 2 miles Printed on recycled paper. COUNCIL MEMBERS: Karen Anderson April 15 199 1 a Clevenger Willem Kohler Victor Monia Francis Stutzman 6. Description of participants: Walkers, runners, children on bikes, and roller bladers 7. Re routing at traffic: Herriman will be closed approximately forty -five minutes to one hour. When cars are going east on Saratoga Sunnyvale Rd. wishing to turn Herriman, they will have to go down one block and take Thelma to Beaumont to Herriman. When cars are going west on Saratoga-Sunnyvale Rd. wishing to turn left on Herriman, they should proceed to the village and turn left on Saratoga Ave. 8. Food: CASA will sell donuts, muffins, coffee and juice at the end of the race 9. Traffic Control: We have contracted with the Reserve Sheriff's Unit to provide traffic control 10. First Aid: A first aid station will be set up at the end of the race 11. Amplified Sound: No amplified sound will be needed this year Attached you will find a draft of the Fun Run registration flier. If you need more information, please let me know. an Pisani pe Sunday DIVISi) M/F Ages .4-5 8-9, 10-11, .12 -13, 14-18, 19-29, 3 40 -49, 50 and over SEX M/F DATE OF BIRTH LAST NAME STREET CITY SIGNATURE 11111111111 11111111111 June 7, 1992 8:30 am Don't miss the sixth annual Saratoga Fun Run. Co- sponsored by the City of Saratoga Recreation Department. Saratoga CASA (Community Against Substance :Abuse) and Pacific Western Bank. The 2 mile run or walk will begin at Saratoga High School and finish at Congress Springs Park. (See ,nap on back of this fIyel) After the race, food will be sold at Congress Springs Park. AWARDS: •Trophy to First Place Male and Female •Awards to First Male and Female in 10 age divisions. REGISTRATION FED (lndtldes 71 Note: $15for Ind nduals !fix Fain {3 or m Note: Mail entry pre registration ends May 22,1992. Pick up T -shirt day of the race. To register in person take this completed form and a check payable to CITY of SARATOGA or SARATOGA CASA to any of the above locations or mail to: CITY of SARATOGA RECREATION DEPARTMENT, 13777 FRUITVALE AVE, SARATOGA, CA 95070 1I REIGISTRATI ON LOCATIONS Community Center, x9655; Allendale. I�c1► estem Bank,14401 Big Basin Way. rAt most ratoga ools thru the CASA r'epreserrtative AGE ON RACE DAY FIRST NAME STATE II PHONE 1 1 1 1 1 1 1 F 1 1 1 T -SHIRT SIZE Release of riabl ity Race at start. f I, the undersigned, do agree to hold the City of Saratoga, Saratoga CASA. and Pacific Western Bank and any officer and employee thereof harmless from any claim, demand or cause of action for injury or damage to property to the above named participant ansmg out of or in any way connected with the above named activity. Neither the City, Saratoga CASA, or Pacific Western Bank will be responsible in case of accident. illness or property damage. u 111111 4 ZIP 11 0 DATE PARENT OR GUARDIAN SIGNATURE IF UNDER 18 THELMA FRANKLIN AVE. cox A Special Thanks to Pacific Western Bank for a Generous Contribution! SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2-V AGENDA ITEM MEETING DATE: May. 6, 1992 ORIGINATING DEPT: Engineerinq CITY MGR. APPROVA SUBJECT: Abandonment of Emergency Access Easement and Relocation of Pedestrian Access Easement, 20695 Rice Court Godbole) Recommended Action: 1. Adopt resolution abandoning existing easements. 2. Adopt resolution accepting new easement. Motion Vote: Discussion: Mr. Mrs. Godbole, the owners of 20695 Rice Court, have requested the abandonment of the emergency access portion of a combination emergency and pedestiran access easement on their property. The emergency access easement was created at a time when the Saratoga Fire District required emergency access between Rice Court and Surrey Lane. However, as the attached letter from the Fire Chief indicates, the Fire District no longer needs the emergency access (which is contiguous with the Godbole's driveway) and he has determined it appropriate to abandon that portion of the easement. The pedestrian access portion of the easement would be retained in its present location outside the Godbole's fence, and would allow continued pedestrian access between Rice Court and Surrey Lane. rascal mpacts: None. Attachments: 1. Letter from Saratoga Fire District Chief dated April 30, 1992. 2. Vicinity Map. 3. Resolution abandoning easement. 4. Resolution accepting easement. APR -30 -1992 11 :4? FROM SARATOGA FIRE DIST. TO 2536773 P.02 April 30, 1992 Arti Godbole 20695 Rice Court Saratoga, Ca. 95070 SARATOGA FIRE DISTRICT COUNTY OF SANTA CLARA 14380 SARATOGA AVE. SARATOGA, CALIFORNIA 95070 Telephone: (408)867.9001 Fain (408)8674780 Re: Proposed Easement Abandonment Dear Arti, I have reviewed your proposal to abandon an easement as described in the Official Records Book 9042, Page 674. I have determined after a field survey of the location that the Saratoga Fire District does not have a need to use the "emergency vehicular ingress and egress" as described in said Records Book. There is access from both Rice Court and Surrey Lane to reach any point between the two roads, and to maintain such an easement would be unnecessary. If you have any questions about this, please call me at 867 -9001. cc: file Sincerely, Ern es Saratoga Fire District 0 fro N. •d tose ...I .0 042 o. 4 74 04Nly 35 c Or' 274 82 0.927 RC. t 2 5 1 .7", 4 69 or/ .09. L GO ,06 10*Pu p 245,50 42 37 0.92.; C r 15 A.- 161" .:;iss 1 z s 4. 4 3 I; Jc l., 3 k. 3 1cz). n• I Ca 1 100 t... VI r ,.1 4 4.1 r z i -4 0.9 9 o Ac. 12. \I" _\S O. 9 21 Ac. Z 7 1 81' 04 51 2 31.91 us 0 9 74 09C "1113 NI 1 nt I 0 a. fse t t vs 1 rs• r3 1. 073 AC.t 11. 52.23 2; t e N.89.04' SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 1 AGENDA ITEM CITY MGR. APPROV AAir1 MEETING DATE: May 6, 1992 ORIGINATING DEPT: Engineering SUBJECT: Pierce Road Bridge Replacement CIP 953: Review of Bridge Alignment Alternatives Recommended Action: Review bridge alignment alternatives and select one on which to finalize the bridge design. Discussion: The design engineer has developed two alignment alternatives for the Pierce Road bridge replacement. A summary of the alternatives is provided in the attached letter. At your meeting, I will have a wall display for you to compare the two alternatives. Since both alternatives meet applicable traffic engineering standards for the project and since Alternative A involves less of an environmental impact and requires the removal of only one 8" tree, I will be recommending to you that you support Alternative A as the alignment to which the design engineer should finalize the bridge design Fiscal Impacts: Alternative A will result in a less expensive bridge construction cost than Alternative B, but exactly how much less is not known at this time. ,Attachments: 1. Letter from Mesiti Miller Engineering dated April 13, 1992. Motion Vote: 6'0 OOO OO O 13 April 1992 Larry I. Perlin City Engineer City of Saratoga 13777 Fruitvale Avenue Saratoga CA 95070 Re: Pierce Road Bridge at Calabasas Creek Our File No. 90146 Dear Mr. Perlin, Civil and Structural Alignment Option A No additional right of way required. A 54 foot span. Eighty foot horizontal curve at north approach. Five hundred foot horizontal curve at south approach. New fill at northeast and southwest corners of the bridge. One eight inch bay tree to be removed. MESITI- MILLER ENGINEERING Alignment Option B Uses additional right of way from Binkley property. A 65 foot span. Eighty foot horizontal curve at north approach. Five hundred foot horizontal curve at south approach. New fill at northeast corner, north abutment and southeast corner. Twenty -six inch oak, sixteen inch oak and eight inch bay trees to be removed. One hundred eighty foot site distance from north approach Engineering 1-7 APR 13 1992 CITY OF .AR:.i OGt>, ENGINEER'S OFFICE We have prepared two alignment options for the new Pierce Road bridge. The schernatic drawings dated April 4, 1992 were mailed to your office on Friday, April 10, 1992. The following lists identify features of these alignment options. One hundred seventy foot site distance from north approach. (One hundred fifty feet is required for a 25 mph design speed.) 224 Walnut Ave. Santa Cruz, CA 95062 408 426 -3186 MESITI- MILLER ENGINEEF 90146, Page 2 For comparison, the existing bridge has these features: Forty-four foot span. Sixty -five foot horizontal curve at the north approach. Five hundred foot horizontal curve at the south approach. One hundred fifty feet of site distance from the north approach. Alignment Options A and B are for a bridge with a 32 foot wide travelled way. If you have any questions about these preliminary schematic bridge alignments, please do not hesitate to call. Respectfully yours, ESI I -MI LER ENGINEERING #T7 Karen Groppi Staff Engineer KMG:MMM:svv cc: Bill Cole, William Cotton Associates Fax to Addressee Project File Reviewed by, Mark Mesiti Miller Principal Engineer