Loading...
HomeMy WebLinkAbout05-18-2011 SUPPLEMENTAL COUNCIL AGENDAMemo To: City Council From: Ann Sulliv Date: May 4, 20 Re: Agenda Item 8 — Revision of Ordinance 11.05 Regulating Use of Alcohol in City Parks. City of Saratoga Office of City Clerk Attached is an amended STAFF REPORT for the above item. AVM& sw.LLLvc Ann Sullivan, CMC City Clerk *-LIFOB y MEETING DATE: May 4, 2011 SARATOGA CITY COUNCIL DEPARTMENT: Recreation & Facilities PREPARED BY: Michael Taylor AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Michael Taylor SUBJECT: Adoption of Ordinance Revising Article 11.05 of the City of Saratoga Municipal Code Regulating Use of Alcohol in City Parks RECOMMENDED ACTION: Staff recommends the Council waive a full reading and adopt the Ordinance revising Article 11.05 of the Municipal Code regulating the use of alcohol in City parks. REPORT SUMMARY: On April 20, 2011, the City Council accepted the recommendations of the Parks and Recreation Commission and introduced the attached Ordinance revising Article 11.05 of the Municipal Code regulating the use of alcohol in City parks and directed staff to schedule this item for adoption on the consent calendar of the May 4, 2011 City Council meeting. The Ordinance would: • establish the number of users constituting a group requiring a permit at twelve (12), • eliminate the unique time constraints at certain parks, creating a consistent policy, and • allow beer and wine, prohibiting all "hard liquor" in the parks. FISCAL IMPACTS: It is expected that any fiscal impact as a result of revising the ordinance would be minimal. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no changes in the existing Municipal Code regulating alcoholic beverages in parks. Staff would continue to enforce current policies. FOLLOW UP ACTION: This Ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENT: (None, Proposed Ordinance is included in Agenda Packet) Page 1 of 1 Chris, date:5/3/2011 Our home is specifically designed for our family and our needs. We have spent a lot of effort in the layout and location of the house. We prefer a one -story home and thought our neighbor's would as well, so that is what we chose. To begin with, the house is designed to have the most -used portions of the house have the best solar access (South and East exposure for the kitchen, nook and family room) and views out to the street and to the hills to the southwest, as well as direct access to the back yard and parking areas. Next, it was important to us to have the bedrooms on the cool side of the house (North) and sound - buffered from the living areas. Also, we wanted our master bedroom and office to open to the rear yard. Finally, we wanted the front of the house to have a grand entry and formal rooms and a graceful circular drive and be well set back so as to not crowd the street. After our initial submittal in which we proposed to cut down the Magnolia tree by the garage, we spent 5 months and much expense to redesign the house twice to accommodate the City Arborist's requirement that we save the Magnolia. At this point we do not want to kill the tree that we spent so much grief to save. We can not move the house forward without killing the tree or undergoing another complete re- design considering vastu requirement. We cannot "mirror- image" the house on the lot either, as that would put the main rooms onto the North side of the house where there is no sunlight or views. It would also kill the Magnolia. Our neighbor complained at the Planning Commission hearing that the rear corner of our proposed home would block his view. The Commissioners had the opportunity to go to his house and look at his view and they still unanimously approved the project. If you listen to the recording of the meeting, they expressed the opinion that the proposed house did not unreasonably block any views, and in fact better protected the views from the street and for neighbors across the street because the house is set back more than the minimum. Our neighbor now complains that the windows on the North side of our home will impact his privacy (he did not mention this complaint at the Planning Commission hearing). Since our home is one - story, it is not unreasonable to have some windows facing the side yard. We have proposed planting evergreen trees to block the view of his house from ours, even though his home is very far from the property line and doesn't have many windows that directly face our proposed home. Regards, Ram FY 2011/12 BUDGET STUDY SESSION April 26, 2011 OPERATING BUDGET OVERVIEW Revenue Assumptions 1. Taxes 2. Intergovernmental 3. Service Revenues 4. Rental Income 5. Interest Income Expenditure Assumptions 1. Salary and Benefits 2. Operational impacts 3. Internal Service Funds 4. Community Grants & Events How FY 2011/12 is balanced: 1. Revenues 2. Expenditures 3. Other Funding Sources LONG -TERM FORECAST Revenue Assumptions 1. Years 1 -5 growth Expenditure Assumptions 1. Salary & Benefits 2. Operational expenditures Fund Balance 1. Usage 2. Undesignated Funds 3. Capital Program Funding FY 2011/12 BUDGET STUDY SESSION April 26, 2011 CAPITAL IMPROVEMENT PROGRAM UPDATE NEW PROJECTS Highway 9 Safety Project — Phase IV - $1,000,000 Project Mgr: Iveta Harvancik Funding: $900,000 from HSIP Grant $90,000 from CIP Streets Fund for Grant Match $10,000 from Monte Sereno for Grant Match Saratoga Village Creek Overlook - $27,000 Project Mgr: Iveta Harvancik Funding: $27,000 from SCVWD Grant City Labor for Grant Match IT Network Cabling Replacement - $25,000 Project Mgr: Leo Salindong Funding: $25,000 from IT Replacement Fund ONGOING PROJECTS Annual Traffic Safety Improvements - $50,000 Project Mgr: Kristin Borel Funding: $50,000 from General Fund Annual Sidewalk Improvements - $50,000 Project Mgr: Rick Torres Funding: $50,000 from General Fund Annual Storm Drain Improvements - $50,000 Project Mgr: Rick Torres Funding: $50,000 from General Fund CMO Records Management Project - $10,000 Project Mgr: Debbie Bretschneider Funding: $10,000 from General Fund GENERAL FUND NET OPERATIONS Revenues and Funding Sources Expenditures & Transfers Out Salary & Benefits FY 2008/09 FY 2009/10 FY 2010/11 FY 2010/11 FY 2011/12 Consultant & Contract Services Actuals Actuals Adjusted Estimated Proposed Property Tax $ 8,155,362 $ 8,194,364 $ 8,022,600 $ 7,916,706 $ 7,979,050 Sales Tax 1,043,034 954,574 910,000 1,045,242 1,025,000 Transient Occupancy Tax 151,378 144,151 120,000 150,000 150,000 Business & Other Taxes 511,675 415,889 425,000 405,000 415,000 Franchise Fee Tax 1,656,716 1,663,657 1,652,000 1,699,346 1,695,000 Intergovernmental 303,212 357,887 267,000 317,987 298,000 Fees, Licenses & Permits 1,186,319 1,111,879 1,043,300 1,146,470 1,049,065 Charge for Services 1,670,175 1,499,533 1,532,035 1,686,015 1,609,681 Interest 362,588 97,044 60,000 60,000 60,000 Rental Income 366,619 444,262 436,320 443,461 455,302 Other Sources 467,124 361,808 617,200 560,788 378,750 Total Revenues $ 15,874,201 $ 15,245,049 $ 15,085,454 $ 15,431,016 $ 15,114,848 Fund Transfers In 153,732 325,842 224,550 224,550 134,550 Total Revenues & Transfers $ 16,027,933 $ 15,570,891 $ 15,310,004 $ 15,655,566 $ 15,249,398 Funding from Use of Designated Funds Theater Surcharge Deposit 53,167 - - - - Funding Canyforward 58,386 22,000 68,600 68,600 31,900 Development Reserve 75,000 75,000 210,000 - 210,000 Environmental Reserve 66,735 50,000 50,000 50,000 50,000 Use of Undesignated - 25,000 - - - GF Transfers to CIP Projects 1,400,000 550,000 505,000 505,000 160,000 BA Transfer to CEP (Village Ped) 221,983 221,983 BA Transfer to CIP (Padero Ct H/S) 50,000 50,000 Mid Year GF Adjustments 95,000 95,000 Total Operating Sources 17,681,221 16,292,891 16,510,587 16,646,149 15,701,298 Expenditures & Transfers Out Salary & Benefits $ 6,485,451 Materials & Supplies 216,062 Fees & Charges 619,648 Consultant & Contract Services 5,985,878 Meetings, Events & Training 74,204 Community Grants & Events 162,669 Fixed Assets 30,105 Internal Services Charges 2,189,343 $ 6,303,927 $ 6,639,680 $ 6,582,508 6,507,796 154,010 174,858 153,947 166,015 671,493 754,069 727,201 726,875 5,884,326 6,012,896 6,016,135 5,884,392 47,808 71,975 65,720 50,625 203,758 181,376 174,729 157,134 1,873,576 1,798,212 1,798,212 1,899, 749 Total Expenditures $ 15,763,360 $ 15,138,898 $ 15,633,066 $ 15,518,451 $ 15,392,586 Fund Transfers Out: 1,571,727 650,000 876,983 876,983 260,000 Total Expenditures & Transfers $ 17,335,086 $ 15,788,898 S 16,510,049 $ 16,395,434 $ 15,652,586 $ 346,134 S 503,993 S 538 S 250,715 S 48,712 4/26/2011 GF R &E by Category GF rev v exps FY 2011/2012 Capital Budget — New CIP Projects Proposed for Funding ADMINISTRATIVE IMPROVEMENTS PROGRAM Network Cabling Replacement Cost $25,000 Description In 2010, the City upgraded its telephone system from a Toshiba Strata DK 280 private branch exchange (PBX) system to a ShoreTel Voice over Internet Protocol (VoIP) telecommunication system. The PBX system was replaced, because it had failed several times and the age of the system made it difficult to locate hardware and services for the system. The new VoIP system operates over the existing network infrastructure and is connected to the City's computer network. Consequently, the new phone system has increased demand on City Hall network cables. This project will replace existing Category 5 cables with Category 6 cables, which will accommodate the increased network traffic and keep the network operational. Rationale & This project is expected to increase operational efficiency, as it will safeguard the City against failures Budget Impacts caused by overwhelming network traffic. Staff time required to oversee this project is accounted for in the operating budget. Secondhand Smoke Prevention Program Cost $22,174 (Public Health Department grant= $20,174 /Breathe California grant = $2,000) Description In late 2010, the Santa Clara County Public Health Department awarded a tobacco prevention and control program grant to the City to develop and implement policies that reduce exposure to secondhand smoke and prevent youth from accessing tobacco products. Saratoga has been authorized to use this grant money to: - Purchase and install signage in recreation areas to inform the public that use of tobacco products in recreational areas is prohibited; - Develop informational materials on the City's ban on tobacco products in recreational areas and the dangers of secondhand smoke; and - Conduct research on, analyze, and draft (if authorized by the Council) new policies that further reduce potential exposure to secondhand smoke. The tobacco prevention and control grant is part of the Communities Putting Prevention to Work Initiative, which is funded by the American Recovery and Reinvestment Act of 2009. Rationale & Staff time is required to manage this project and fulfill grant reporting requirements. These expenses Budget Impacts have been accounted for in the operating budget. New CIP Projects Proposed for Funding -1 FACILITY IMPROVEMENT PROGRAM Electric Vehicle Charging Stations Cost $65,000 Emergency Power System W Description In July 2010, the City Council amended the capital improvement budget to include installation of electric vehicle charging stations in the Village and City Hall parking lot. The charging stations will be purchased from Coulomb Technologies, which manufactures ChargePoint vehicle charging stations. These "smart" charging stations are networked to allow drivers to easily find charging stations and use a debit or credit card to pay for using a station. Each station will have both a 110 volt and 220 volt plug. The City plans to purchase a total of 10 charging stations that will be placed at City Hall and the Village. The exact locations will be determined by the Electronic Vehicle Charging Station Ad Hoc Committee. Coulomb Technologies will be paying for half of the cost to purchase the charging stations with a federal grant the company received. Rationale & Establishing an infrastructure for electric vehicles will be critical to the success of these alternate fuel Budget Impacts vehicles. If members of the Saratoga community see that the City is starting to develop this infrastructure, they may decide to purchase an electric vehicle. This would reduce greenhouse gas emissions produced in Saratoga and improve air quality. The addition of electric vehicle charging stations to the Village may also attract owners of these vehicles to the City's downtown shops and restaurants, increasing the City's tax revenues. Staff time for project management is already incorporated in the operating budget. Maintenance of the electronic vehicle will be carried out by Coulomb Technologies and will not impact the operating budget. Cost $57,180 Description During power outages, a 15 kilowatt portable generator is used to supply power to the main City Hall campus. There is a time delay before the power from the portable generator is available, since the portable generator must be brought over to the offices from the corporation yard after an outage occurs and it must be manually plugged into the City's power supply; it does not automatically turn on to provide power to the servers when electricity goes out. If a network server loses power before staff shuts it down or the portable generator is installed to keep power running, data loss may occur. Additionally, the City's portable generator is not of sufficient kilowatt size to provide enough amperage to fully power the office buildings. If City Hall loses power, the portable generator cannot power the Planning and Engineering offices. Adding a permanent backup generator that automatically activates during a power outage is recommended to prevent data loss and keep City Hall operational during an outage. Rationale & Installing a permanent alternative power supply that starts automatically during power outages will Budget Impacts provide added protection for the City's computers and network servers, while also ensuring that City operations remain active during power outages. This is especially critical during emergency situations. Project maintenance and generator maintenance are accounted for in the operating budget. New CIP Projects Proposed for Funding - 2 ADA Compliant Signage F1,0" ADA Compliant Public Counters Museum ADA Ramps (CDBG) Cost $60,000 (CDBG funding) Description In 2010, the Association of Bay Area Governments (ABAG) conducted an accessibility assessment of Saratoga facilities. The ABAG consultant who performed the assessment visited each of the City's facilities to determine if the City's facilities are consistent with Americans with Disabilities Act (ADA) accessibility guidelines. The consultant's recommendations included improved signage that uses internationally recognizable symbols, includes brail lettering, uses larger lettering, is placed on and next to doors, and is positioned at specified elevations. This project will be funded with Community Development Block Grant (CDBG) monies. Rationale & Installing ADA compliant signage will make City Hall more accessible and thereby more welcoming to Budget Impacts disabled citizens conducting business at City Hall. Furthermore, the improvements will help protect the City from potential lawsuits. Staff time required to oversee this project and grant requirements is accounted for in the operating budget. Cost $60,000 (CDGB funding) Description In 2010, the Association of Bay Area Governments (ABAG) conducted an accessibility assessment of Saratoga facilities. The ABAG consultant who performed the assessment visited each of the City's facilities to determine if the City's facilities are consistent with Americans with Disabilities Act (ADA) accessibility guidelines and recommended improvements to customer service counters in lobbies at City Hall. This includes the lobbies in the City Manager's Office, Joan Pisani Community Center, Senior Center, and Building and Planning. Suggested improvements include lowering counter heights and increasing the amount of space in paths of travel. This project will be funded with Community Development Block Grant (CDBG) monies. Rationale & Remodeling customer service counters will make City Hall more accessible and thereby more Budget Impacts welcoming to disabled citizens conducting business at City Hall. Furthermore, the improvements will help protect the City from potential lawsuits. Staff time required to oversee this project and grant requirements is accounted for in the operating budget. Cost $6,200 (CDGB funding) Description This project will install a ramp leading up the entrance of the Saratoga Historical Museum storage building and another ramp for the entrance of the classroom building at Historical Park. Adding the ramp will make the storage building compliant with ADA accessibility standards. This project is funded through the Community Development Block Grant (CDBG) program, which allocates monies for projects that increase compliance with ADA standards. Rationale & This project will increase compliance with ADA standards, which will consequently reduce liability Budget Impacts costs and allow the City to provide safer conditions for citizens with disabilities. Costs associated with project design and management is included in the operating budget. New CIP Projects Proposed for Funding - 3 PARKS & TRAILS PROGRAM Tree Dedication Program Cost $24,000 Park Restroom Improvements Description The City of Saratoga's Tree and Bench Dedication program allows members of the public to purchase trees or benches for dedication purposes. Trees dedicated through this program are planted on City property, either in City parks, along Saratoga trails, or on City medians. The cost to purchase a 15 gallon tree through the dedication program is $500. In July 2010, the City Council set aside $25,000 for tree dedications to encourage the public to participate in the program. The funding reduces the cost of dedication trees by 50% and is expected to help fund the planting of 100 trees. Rationale & Reducing the cost of dedicating a tree is intended to help maintain and expand the City's urban forest. Budget Impacts A healthy urban canopy has a number of social, economic, and environmental benefits. Trees planted through the Tree Dedication Program do slightly increase maintenance expenses, but the minimal increase will be absorbed in the operating budget without impacting services. The cost of managing the program is incorporated in the operating budget. Cost $57,589 Description The City has a total of four parks with restrooms, including Congress Springs Park, El Quito Park, Kevin Moran Park, and Wildwood Park. The restrooms at Congress Springs, El Quito, and Wildwood Park need a variety of improvements beyond regular maintenance work. Improvements include: - Exterior and interior paint - Flooring repairs as needed - New roofing at Congress Springs and El Quito parks - Upgraded fixtures as needed (mirrors, faucets, and sinks) - Waterless urinals at Wildwood and El Quito parks Park restroom improvements have been an unfunded project in the City's capital improvement plan for several years. Performing the project now will prevent increased deferred maintenance expenses. These improvements will be contracted out and managed by staff. Rationale & The cost of managing the project is incorporated in the operating budget. The project may also reduce Budget Impacts operating expenses, as improvements will reduce the number of ongoing repairs needed to keep bathrooms operational. Performing this project now will also prevent more costly improvements resulting from deferred maintenance in the future. Additionally, waterless urinals will reduce water consumption at City parks. New CIP Projects Proposed for Funding - 4 Village Creek Trail Design Cost $39,000 (Santa Clara Valley Water District grant request) Description In March 2011, the City applied for a Santa Clara Valley Water District Watershed Stewardship grant to design the Village Creek Trail. If the grant application is approved, it will allow the City to design and plan the creek side trail that will run next to Saratoga Creek from Saratoga - Sunnyvale Road to approximately 6`h Street. The Village Creek Trail would be approximately .45 miles long, passing through the Village parallel to Big Basin Way. Preliminary designs include two pedestrian bridges, replacement of non - native invasive plant species with native plants, and removal of creek blockages that interfere with fish migration in the creek. Rationale & Trail supporters believe it will enhance and enliven the Village, since the proposed trail would help to Budget Impacts bring foot traffic to the Village. When the trail is built, it may have increase tax revenues in the City. If the City receives grant money from the Water District, the City's contribution to the project will include staff time and noticing expenses. Designing the trail may also require that the City negotiate a joint use agreement for use of Water District property where the proposed trail would be located. Costs associated with developing joint use agreements, grant oversight, community outreach, and project management are included in the operating budget. Saratoga Village Creek Overlook Cost $27,000 (Santa Clara Valley Water District grant request) Description In early 2011, the City applied for a Santa Clara Valley Water District Trails & Open Space grant to build a small trail and overlook area next to Saratoga Creek in the Village. The proposed trail and overlook are located behind the property at 14435 Big Basin Way on the eastern bank of Saratoga Creek. The trail would begin at a City owned parking lot in the Village and end at a 60 square foot seating area overlooking Saratoga Creek. The trail would be approximately 150 feet long and 4 feet wide. The trail surface would be decomposed granite and the trail would have 2 switchbacks. If funding is awarded to the project, educational signage on the Saratoga Creek ecosystem will be placed near the trail and seating area. Additionally, non - native invasive plant species in the project area will be removed and replaced with native plant species. Rationale & If the City receives grant money from the Water District, the City's contribution to the project will Budget Impacts include staff time and noticing expenses. Costs associated with grant oversight, community outreach, and project management are included in the operating budget. New CIP Projects Proposed for Funding - 5 STREET PROGRAM VTA Grant for Street Resurfacing Cost $565,000 (VTA grant = $500,000 /CIP funding= $65,000) Description This project will resurface approximately 1.5 miles of roadway in Saratoga, including sections of Bucknall Road, Cox Avenue, Thelma Avenue, Kirkmont Drive, Scotland Drive, and Dagmar Drive. Funding for this project comes from the Surface Transportation Program (STP). Approximately every six years, the U.S. Congress adopts a surface transportation act to fund highway, street, road, transit, and other transit related improvement projects. Funding for these projects flows through the states to local agencies. In California, STP money is administered by Caltrans. A large portion of the California STP funding goes to regional planning agencies, such as the Valley Transportation Authority (VTA), who then allocate funding for improvement projects at their discretion. Rationale & Funding for this project comes from a VTA grant with a matching contribution from the City. VTA has Budget Impacts allocated $500,000 to Saratoga. The City is required to contribute 11.47% in matching funds, which is roughly $65,000. Staff time will be required to perform grant reporting and project management. These expenses have been incorporated into the operating budget. Additionally, ongoing maintenance of City roadways will increase the longevity of existing streets and ultimately reduce long term capital expenses. Highway 9 Safety Improvements Phase 4 Cost $1,000,000 (HSIP grant= $900,000 1 CIP funding= $100,000) Description This project will be the fourth phase of bicycle and pedestrian safety improvements to Highway 9 corridor from Saratoga to Los Gatos. The improvements were initiated following several accidents on Highway 9. In this fourth phase, pedestrian pathways, retaining walls, and pedestrian safety improvements will be constructed on Highway 9 from Fruitvale Avenue in Saratoga to Grand View Avenue in Monte Sereno. The phase four improvements were designed during phase two, which included installation of pedestrian pathways, curbs, retaining walls, driveway modifications, crosswalks, signage, and striping between Saratoga and Los Gatos on Highway 9 in addition to design work. Funding for the project comes primarily from a Highway Safety Improvement Program (HSIP) grant and partly from the City's capital Rationale & This project will require project management, engineering oversight, and grant reporting, which is Budaet Imoocts already incorporated in to the operating budget. However, the project will also increase safety on the Highway 9 for pedestrians and may reduce accidents. New CIP Projects Proposed for Funding - 6 Village Sidewalk /Pedestrian Enhancements Phase 2 Cost $1,450,573 (CMAQ grant = $1,160,458 / CIP funding= $290,115) Description In 2008, the City entered into a contract with Gates and Associates to design improvements to the Village that would increase pedestrian safety and the beauty of the City's downtown area. The design includes pedestrian bulb -outs and enhanced crosswalks that will make pedestrians more visible to drivers. Plans also include additional landscaping, benches, and bike racks. The first phase of construction started in June 2010. The second phase of construction will continue improvements along Big Basin Way. The project will add more pedestrian bulb -outs, enhanced crosswalks, and other safety improvements in the Village. Funding for this project comes from a Federal Congestion Mitigation and Air Quality (CMAQ) grant, the State, and the City. Rationale & This project will result in increased maintenance expenses, as the City will be responsible for caring for Budget Impacts added landscaping, bulb outs, crosswalks, and other features. However, the project will also make significant improvements to pedestrian safety in the Village by increasing visibility of pedestrians. Additionally, the enhancements to pedestrian safety and the appearance of the Saratoga Village may make it a more popular retail and dining destination. New CIP Projects Proposed for Funding - 7 APPLICATION #: PDR 10 -0015 (APN510 -02 -011) -15395 PEPPER LANE APPLICANT: RAM & MAYURA JAYAM APPELLANT: LAURENCE B. MITCHELL and THURLDEAN K. MITCHELL DATE SUBMITTED: MAY 4, 2011 HEARING DATE: MAY 4, 2011 APPELLANTS LAURENCE B. AND THURLDEAN K. MITCHELL'S REPLY BRIEF IN RESPONSE TO APPLICANT'S OPPOSING BRIEF AND IN SUPPORT OF OUR APPEAL FROM THE PLANNING COMMISSION'S APPROVAL OF THE PLANNING DEPARTMENT'S DESIGN REVIEW FOR THE RESIDENCE LOCATED AT 15395 PEPPER LANE, SARATOGA. I. Introduction I would like to take this opportunity to respond to certain points raised in the Applicants' Brief and to touch upon a few issues that may have been glossed over in my opening Brief. It is unfortunate this matter has become adversarial. My wife and I would welcome Mr. and Mrs. Jayam as neighbors. Our only request is that the Jayam's residence does not block our view of the Saratoga hillside, our privacy is not compromised, and the residence as designed is placed comfortably on the lot and fits into the neighborhood. II. Vastu principles with respect to designing a residence. Applicant and his architect, Mr. Spaulding, spent almost the entire allotted time (10 minutes) for their presentation before the Planning Commission stating that Vastu principles mandated that their residence's front set back should be greater than the backyard set back. Applicant's architect stated that the front set back for Applicant's new residence was going to be 51 feet and the rear set back would be 50 feet. I researched the Vastu religion/philosophy on the Internet and was unable to find any principles that stated the front setback should be greater than the back yard setback. My research did find the attached article. See Exhibit A, Vastushastra, Chapter 4, The Land. On page 4 in paragraph titled (4) Arranging the House in the !plot — it states: It is always good to have sufficient land in front of the house. The rule of thumb is the frontage should be more than the height of the building. i The aforementioned quote indicates to me that if in this case the height of the highest point of the roof line is 24 feet 3 inches, a 30 foot setback would be greater than the height of the highest point of the residence. Thus, a 30 foot setback would comply with Vastu principles and also comply with the City of Saratoga's building Code. III. Residential Design Handbook The Residential Design Handbook states: The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (1) The nature and location of residential structures on adjacent lots and within the neighborhoods; and (2) Community view sheds will avoid unreasonable interference with views and privacy. The north side of the house is the bedroom wing of the proposed residence. Exhibit B is a scaled drawing of the north wing. This north wing is set back 13 feet 3 inches (however bay windows jut past this setback toward my house) from my 7 foot high fence which is on the property line. My 7 foot fence comes to the bottom of the bay windows. The window location is a definite unreasonable interference with my privacy as it provides a direct view of my entire backyard. The roofline unreasonably interferes with my view of the Saratoga hills. However the Applicant would continue to have an unobstructed view of the hillside. IV. Applicant's Briefs calculations, charts, and sketches are misleading and incorrect. Mr. Jayam argues in his Brief that the setback of his proposed residence is in conformance with the neighboring residences. He offers a chart showing the setbacks of 10 houses, each of them with at least a 50 foot setback. (See Jayam Brief p. 3.) He further shows a depiction of the 10 neighboring houses on Pepper Lane and his calculations for their setbacks from the street. To bolster his point, he offers a depiction of what he calculates to be the setback averages on each side of the street to lend support to his argument that his proposed setback (51 feet) is in line with the surrounding neighborhood. His measurements, charts, and average calculations are totally misleading and incorrect. First, even a cursory glance will reveal that the numbers used in 10 house setback chart the chart on page 3 are not the same numbers that are shown on page 6 entitled "Setbacks of 10 Adjacent Houses." Specifically not shown in the chart are the setback distances of the two adjacent properties to Mr. Jayam: my residence at a 39 foot setback and 15415 Pepper Lane (the Jayams' neighbor to the south) at a 30 foot setback. Second, his calculated average for the home setback on the west side of Pepper Lane is completely wrong. This is because he calculates the average using the home at 19841 Glen Una Drive' and a setback at 15415 Pepper Lane of 50 feet when his own measurements show it is 30 feet. Even further, he includes his proposed setback rather than the existing setback. He calculates the average home setback on the west side of Pepper Lane between Glen Una Drive and Lark Way as 53 feet. The actual average is 39 feet. See Exhibit C. Further, Applicant's argument that a 51 foot setback is in tune with the surrounding neighborhood is misplaced in that he assumes that his lot should be subject ' The home on Glen Una Drive should not be used in the calculations. To begin, the setback listed is a side setback given that the home is on Glen Una,Drive. There are no points of entry or exit on Pepper Lane. Further, the house is almosi entirely hidden from Pepper Lane due to a tall privacy hedge. OA to the same setback requirements as the other homes on the surrounding properties. This point bears emphasizing: Mr. Jayam and his adjacent neighbor to the south are on nonconforming lots of less than one half of an acre.2 Looking at the setbacks of houses on l+ acre lots is not instructive as to what the setback of his lot should be because they are not comparable. The Applicant shows a setback average of 75 feet on the east side of Pepper Lane as though to support his argument that he should be allowed to have a 51 foot setback. However, these properties are all at least two, and in some circumstances three, times the size of his lot. Further, some of the houses on the east side of the street are two stories. Most of, if not all of, these houses have either fences or privacy hedges right on their front property line. None of the houses from Lark Way to Glen Una Drive that are on the west side of Pepper Lane have fences or privacy hedges on their property line. They are simply not comparable. V. The proposed design of the home is not in conformance with the surrounding properties. a. The proposed home is excessively larger for its property size than any neighboring home. The Residential Design Handbook provides: The bulk of a structure related to its floor area height, design and relationship to its surroundings. A structure is perceived to be bulky when these elements are combined in such a way as to create a residence that is out of scale, visually and structurally, with neighboring residences and its own natural setting. The residence then appears massive, blocky, and overwhelming to the eye. The purpose of this policy is to ensure the maximum integration of structures with their natural and built environments. Z The Jayams' adjacent neighbor to the south at 15415 Pepper Lane has a 30 foot setback and a beautifully landscaped front yard. It does not have a circular driveway. 3 Policy 1 TECHNIQUE #5: Design structure to fit with existing neighborhood DO-S Zr LOW�a I iMe IN i =Gvvw5 5 PYe�o� Fiow S12t, VVI&% a ACi -t'i1. • �teotuxu� sfi�e u, Koh' rr�siKC#- 'lo Q�- is�ir�q pak#u -h , be- r�vv�a�i-i DON'T'S o Avmd ova-windyKiv�q 04c '1-i�j rc�d can ups.. • ijo � d¢hiCM -6 kthIV f- atit"�Vtkft of 5f&'VX i am' YES NO IL F I - .. EM The proposed Jayam residence is not compatible in terms of proportion, size, mass, and height with the neighboring properties. The chart below indicates the relative floor area ratios in comparison with the surrounding properties. Even compared to the properties on the eastern side of Pepper Lane, which have much larger lot sizes and homes, the ratio is still by far the highest. The design as proposed would cover more area of the property with home structure than any other surrounding property. 2 ADDRESS LOT SIZE FLOOR AREA FLOOR AREA RATIO East Side of Pepper Lane 15340 PEPPER LANE 51,400 sq ft 5,083 sq ft .10 15370 PEPPER LANE 43,560 sq ft 4,199 sq ft .10 15410 PEPPER LANE 64,904 sq ft 7,027 sq ft .10 West Side of Pepper Lane 15351 PEPPER LANE 33,541 sq ft 5,477 sq ft .16 15395 PEPPER LANE 20,934 sq ft 2,181 sq ft .10 Existing 15395 PEPPER LANE 20,934 sq ft 4,504 sq ft .21 Proposed 15415 PEPPER LANE 20,934 sq ft 3,620 sq ft .17 15435 PEPPER LANE 46,173 sq ft 4,780 sq ft .10 Additionally, despite a mandate by the Residential Design Handbook (Technique 4) to minimize building height, the proposed plans call for a roof -line peak at 24 feet 3 inches, which is essentially the height of a two story house, even though the subject property is only one story. This includes a 13 foot attic despite the Residential Design Handbook (Technique 4) admonishing against large attic spaces, which further adds to the perception of bulk. b. The proposed setback creates more proportional frontage space than any other property in the surrounding area. Below is a calculation of the proportion of frontage of the surrounding homes on Pepper Lane between Lark Way and Glen Una Drive. The calculations below represent the percentage of the total property depth existing between the street and the front setback. 5 ADDRESS LOT DEPTH FRONT SET BACK LINEAR FRONTAGE RATIO West Side of Pepper Lane 15351 PEPPER LANE 158 ft 39 ft .24 15395 PEPPER LANE 172 ft 30 ft .17 Existing 15395 PEPPER LANE 172 ft 51 ft .29 Proposed 15415 PEPPER LANE 172 ft 30 ft .17 15435 PEPPER LANE 326 ft 53 ft .16 3 As you can easily see, the 51 foot setback as proposed puts more percentage of land in front of the residence than any of the adjacent residences on Pepper Lane between Lark and Glen Una. Mr. Jayam's lot with a 51 foot setback would be an aberration on the west side of Pepper lane. V1. Further Privacy Concerns a. The windows along the north end of the home impose a significant intrusion upon the privacy of my home. DENOTES PRIVACY IMPACT PRWOSED JAYADI PtS1DEN( -L F ?8.J — dc,. 896.0 v I 61' 0" X 12 3" The Jayams are proposing to construct bay windows in two of the bedrooms on the north wall of their home. See Exhibit B. Bay windows project out from the wall and are designed with the purpose of providing a better view for the inhabitant. Even with a 3 Note: The 15351 Pepper Lane Lot is actually wider than it is deep, yet still has a percentage lower than the proposed residence. 3 privacy fence at 7 feet tall, the windows provide a view directly into the rear portion of my property and substantially intrude upon my privacy. Further, although the bay windows are shown in the site map and elevation map, they are not used in determining the northern setback. The setback the Jayams use is measured to the wall of the home and not to the windows. The windows actually jut out aAst the proposed setback of 13 feet 3 inches. Finally, these windows will create a distraction at night. For about six months of the year, the deciduous trees will be without leaves and the windows will have a direct line of sight into my family room. b. The home is not being situated correctly to minimize privacy impacts. IPolicy 3 TECHNIQUE #2: Locate buildings to mkiimize privacy impact DO'S • laCatC.. Strblt�tu io JMGvea -Se. Vi-m l — di�t'DLV�u -. bvFINeQV� • .�rxeAJ.,Q� SP�l'lO0.G� Yeal,l.lYC ,Y'_1�61� �YIVAI�.{. • �Prl' Set & Kd - I perho-►6 tb st re-'s DON'T'S • flYaid 5��i siruc}ure5 C�� YES � K. wmmen �� OimpliE •r ' —_ irou,en � .- J�.•�.I Eaa---------- ------ -- NO N The proposed setback of 51 feet is too long because it will create significant privacy concerns with my home that would not be an issue if it conformed to the existing setback of 30 feet. The Residential Design Handbook requires that setbacks be increased for living areas that require more privacy. The Jayams should increase their rear setback in order to preserve the privacy of the living areas of my home, my pool, gazebo and back yard. 7 VII. Trees The home having a 30 foot set back should save the removal of 3 trees that would have been destroyed if the applicant was allowed to have a 51 foot set back. VIII. Conclusion In conclusion, the facts outlined in my Opening and Reply Brief together with my oral argument and the project related issues raised by the City Council should convince the Council to refer the matter back to the Planning Commission for such further action as may be directed by the Council. The unreasonable interference issue, regarding my views of the hillside, can easily be rectified by the Applicant by reworking the plans to show a 30 foot front setback and eliminating the circular driveway in front of the house. Respectfully submitted, i EXHIBIT A •tAJl4 JI14JLI4 X11 .1 11uf,.n VV VV VV.u111UU6VIJlU11.wuuuclaulu Vaaluallaalla�.u1 v.uluu S CHAPT Contact U THE LAND Land is the basic support for life; infrastructure of our body is made from it. It affects all bodily fields. It is the piece of earth owned by us. The properties of that piece of land then will control one of the most important elements of our existence, to some extent. There are two main physical barts of any house, the land and the building. As the land holds the uilding and you, the selection of the appropriate land is very important. Land is the original part of nature, not the building, you can change the location of the building, but you can't move the land with you since it is permanently attached with the nature and its surroundings. Therefore the choice of the right land is very important. Whenever you set your foot onto the earth, it transmits a message to of some good — or appalling feelings. Learn to listen to this message and then take it in to consideration before you make a decision of buying that piece of land. Auspiciousness or ill omen of the land or pain lying in the land affects your life. In a practical life, the type of the land has relations with the person's profession. In other words the type of land indicates career and prosperity along with positive or negative consequiences. If we think in general sense, the area with sandy or silt soil is good for religious and aggressively hard working people. The clay is develops the environment for trades and businesses. The people residing on rocklike land are more sensitive and research oriented. While the people living by water such as the ocean or river are uncertain and are not consistent in their life. The possibility of variance in land properties is very rare still it must be tested. As we discussed in the beginning of these articles, Vastushastra was popular in India and Hinduism. being the main religion in India, many issues were linked to the Hindu Deities, cast system and their worship. The concept of Worshiping the land (Bhumi Poojan) was simple. The Bhumi Poojan is performed when the first foundation for the building is dug. The owner of the house needs to go into the excavated foundation pit to worship the land. Indirectly the owner steeps down in the foundation some 4 to 6 feet and observes the land. He automatically sees the color, the fragrance and any superfluous matter under the future house. As a part of worship fill the bottom most part of the foundation through which 1 of 5 5/4/11 10:33 AM vabtu. nnQDlna l.nn.l v uuP :nwww.uuluuwwiuu.ck)u] /UCIdUlU vasLusnasuak__niv.nLM1 the porosity and the strength of the soil is observed. Thus on the name of worship all the land. related tests were done. Even though some who people do not believe in Bhumi Poojan, still need to test the land for the stability of the building. According to Vastushastra the direction to perform Bhumi- Poojan is decided by the sun sign on the day of the Poojan. Sunsign Leo, Virgo, Libra Scorpio,Sagittarius,Capricorn Aquarius, Pisces, Aries Taurus, Gemini, Cancer Bhumi Pooian direction South - east North - east North - west South - west Now a days all the architects and engineers always perform a soil test before planning or designing any building. The quality and the strength of the ground under the building is very important for the stability of the structure and the size and type of the footings is determined according to the soil testing report. The structure of the residential building is not that heavy, but the simple soil tests are strongly recommended. The tests described below indirectly indicate the strength and quality of the land. (1) TYPES /COLORS OF THE LAND:- The first and very simple test is to check the color of the soil. Here we are talking about the natural color of the original soil, not the color of the topsoil. The original soil means the soil at approx. 4 to 6 feet depth. White and sandy soil is the best for teacher, administration, religious and. social workers and professions related with water. This type of soil is considered good as far as load - bearing strength is concern. Yellow or brown soil means silt -clay is suitable for the businessmen and traders while red soil is best for artisans and the warriors. This type of soil is considered good for large structures. Light brown soil is the beneficial for farmers and laborers. Its load bearing capacity is considered good for residential buildings. Red and Rocky soil is considered appropriate for the construction of luxury houses, castles or palaces. This soil is considered favorable for soldiers. Clay or black cotton soil is unsuitable for all classes of people. Avoid building your house on black soil. Lighter colors are better than darker color. (2) FRAGRANCE OF THE LAND: - Although fragrance of the land is used for judging its quality the fragrance 2 of 5 5/4/11 10:33 AM ♦4JLL/JIIL{JLIY Vll.l t IILLE/.11 W W W.litilUUSVIb1U1LL:UlII/UCIUUlU VastUsllastrat- in vmtmi of the rain soaked earth is not considered in the test. Fragrance is divided into four categories as follows: i.Fragrance of Ghee (Milk Fat or butter) 2.Fragrance of oil. 3.Odor of Blood 4.0dor of Fish To find the fragrance of the soil, dig a pit. The depth should be equal to the length of the elbow (from the tip of the finger to the elbow joint) of the owner. Then take a pinch of soil and smell it. The preference is given above. Never select the land which consists of the odor of blood or fish. (3) SHAPE OF THE PLOT:- The boundaries of the lot create an important relation between the owner and the land property. The flow of various energies on that piece of land has significant effect on the shape of the land. The length of the plot is every in each direction and the angles of the plot also become significant at point.. Square or rectangular plots are the best. A triangle or round plot creates instability. Pentagon, and hexagon plots or the plot with a zigzag border must be avoided. Use the space shaped as a square or rectangle only wherever possible and dispose the additional land or use it as a separate piece divided by a wall. The wall could be built of brick /block or tree of metal fence. If extension any in Northeast Very good Northwest Aggression Southeast Disaster Southwest Loss More than one directions Hardship Front narrow than back must avoid Front wider than back good AL WAYS ABANDON PLOTS IN THE SHAPE. OF THE LETTER "L ". If the shape of the lot is irregular, cut the corners using wall or raw of trees and make the usable area rectangular. (4) ARRANGING THE HOUSE IN THE PLOT:- Arranging the house properly on the plot is important. Care must be taken to let the coordinating powers to enter adequately and to be stored properly in the house keeping the negative powers far away from the house. The house must be set in this way on the plot, considering surrounding houses, trees, slopes, reservoirs, etc... The main wall of the house should be parallel to the main street of the approach. If possible locate the house in the southwest corner of the 3 of 5 5/4/11 10:33 AM V#JWSUaJUa k-11.1 V ll ttp:// WWW. Illif UUSVlb lVil.GVUIIUVIaUIL/ VUSLUSHUS M- 11IVJILMI property. The northeast side should have good exposure. The sunlight in ample amount must fall on the house. The extension should not be in south or west direction. The chimney should be set on the southeast direction. Well or pond, if any, should be on the east of the building. The septic tank should be on south or southwest direction. If possible, avoid irregular shape. Adequate investigation of the site is necessary prior to purchase of the house or plot. It is always good to have sufficient land in front of the house. The rule of thumb is the frontage should be more than the height of the building. (5) THE COLOR OF THE EARTH:- The color of the earth has a direct relation with the quality of the land. It has a definite impact on business and mental peace of the dweller. Land should be selected on the basis of the dweller's business and should aim of residing and the color of the earth. i.Yellow Earth: Bets for businessmen and traders but average for the working class. It gives prosperity to the business people. 2.White Earth: Best for religious and /or retired people but average for the business people. It gives prosperity and happiness to the working people. 3.Red Earth: Best for the warrior and labor class of people. It gives sudden success or unexpected loss. 4.Black Earth: Unsuitable for all classes of people. It gives sickness, hardship and financial loss. (6) LAND INSPECTION ( SOIL TEST):- Land inspection is very crucial. Pierce — (shalya) element of the land is also considered in addition to financial well being. The landlord should dig a pit 2 x 2 on a selected location and check the earth and other findings. The land should immediately be sold to others if one finds bones, dead bodies of any animal or a large piece of rusted iron. In case no inauspicious finds are there, the earth should be filled again in the same pit and if there is excess earth even after completely filling the pit, this land is desirable. If there is no excess or there is a shortage of the earth, it indicates soft soil which is considered not strong enough to hold the house for a long time and it should be avoided. You will find settlement very soon. This settlement will destroy the integrity of the building. Again fill the pit with water. If water is absorbed quickly, avoid the land. If water stays longer, that means the soil is not soft or porous. That means it has a good bearing capacity. One must remember that even the greatest and strongest of houses, built on inauspicious piece of land, can ruin the whole family. I mean the entire generation of that family. 4 of 5 5/4/11 10:33 AM ----r ................. »,, ...,........,.,..., ...,, .,...... - .....uu l u 5of5 5/4/1110:33 AM EXHIBIT B l 1'+ . • O t ---- EXISTING GRADE RIGHT -51DE (NORTH) ELEVATION 114`= I' -O" EXHIBIT C