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HomeMy WebLinkAbout10-05-1983 CITY COUNCIL AGENDACITY OF SARATOGA AGENDA BILL NO. DATE: September 26, 1983 (October 5, 1983) Initial: Dept. Hd. C. Atty. DEPARTMENT: Community Development C. Mgr. SUBJECT: Appeal of Planning Commission Decision on SDR -1541, Carson Heil, 14781 Farwell Ave. Tentative Building Site Approval - 1 Lot (Over 50% Expansion) Issue Summary Applicant is appealing the site approval conditions relating to sanitary sewers, storm sewers, street improvements, flood control and fire protection as unreasonably related to his 50% expansion and as discriminatory. The construction of a sanitary sewer main through the property, to assist with the eventual abandonment of the Redmont Mendelsohn pump station, may cause removal or deterioration of some of the significant trees on the property (and of the neighboring trees). The Sanitation District states it will "take into consideration the ecological and environmental aspects of this undertaking ....(obtaining a) qualified arobrist services." The storm drain and street improvements are conditioned with a deferred improve- ment agreement. The applicant has previously done improvements to the creek with the approval of the SCVWD. They are now requesting dedication and an access easement. Finally, the Fire District is requesting standard conditions for a 16' driveway with a 42' radius and 15' of clearance and two (2) emergency vehicle parking places. The Fire Chief met with the applicant on site and agreed to modify the 16' at various points. The Planning Commission approved the Tentative Building Site Approval subject to the Conditions of the Staff Report. Recommendation 1. Determine the merits of the appeal. 2. Staff recommended approval of the Tentative Building Site Approval subject to the conditions of the Staff Report. Fiscal InuDacts N/A Exhibits /At to c tore n t s 1. Letter of Appeal 2. Staff Report dated 8/30/83 3. Resolution SDR - 1541 -1 4. Planning Commission Minutes 9/14/83, 8/24/83, 810/83 Council Action 5. Exhibit "B" 6. Correspondence Received on Project dated and 7/13/83 10/5: Continued to 11/16 at request of applicant. 11/16: Continued to 1 /10 and 1/18 at request of applicant. (Further requests by applicant and staff resulted in continuance to 3/13 and 3/21) January 1985: Planning Secretary informed Deputy City Clerk that this would probably not appear on the agenda at all. i RFCr --1VE D S EP 2,) 198"3 fi ,UNITY DEVELOPMENT APPEAL APPLICATION Date Received: - �•� -�, Hearing Date: Fee _�L) CITY USE ONLY Name of Appellant: Carson and Betty Heil Address: 14781 Farwell Avenue, Saratoga, CA Telephone: (w) 946 -5182 Name of Applicant: Carson and Betty Heil Project File No.: SDR 1541 -1 Project Address: 14781 Farwell Avenue Project Description: Over 50% expansion Decision Being Appealed: Saratoga Planning Commission Resolution SDR 1541 -1 - Portions of Exhibit A Grounds for the Appeal (Letter may be attached): l.. The recuirements for *storm sewer , street improvements, flood control and fire protec- tion set out in the Report to Planning Cannission, dated 8/30/83, are invalid because the land use approval exactions do not bear a reasonable relationship to the.new burden the approval of subdivision map is going to 'place on the public as applicant's subdivision man essentially placesno new burden on the public. 2. The goals of the City are better achieved by other than wholesale, unlimited growth of interests and rights to two independent agencies not amenable to city controls. 3. The requirements and exactations imposed in this case result in invidious discrimina- tion against the applicant because of the fact that, as opposed to his small house. neighbors, he has a -4 *and sanitary sewer Appellant's Signatu Carson Heil *Please do not sign this application until it is presented at the City offices. if you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION bIUST BE SUBIMITTED WITHIN TEN (10) CALENDAR DAYS OF YHE- DiVrE OF Tiff. DECISION. - 41. .4--/ City of c, APPROVED 1,Y: GBH C •i Q)O& REPORT TO PLANNING COMMISSION DATE: 8/30/83 Commission Meeting: 9/14/83 SDR -1541 - Carson Heil, 14781 Farwell Ave., Tentative Building SUBJECT: Site Approval - 1 Lot (Over 50% Expansion) ------------------------------------------------------------------- REQUEST: Tentative Building Site Approval in order to expand an existing 1,690 sq. ft. home by over 50% OTHER APPROVALS REQUIRED: For the addition; a variance or-condition to remove the "mid -lot- line" would be required since the 50 ft. setback cannot be met. PLANNING DATA: PARCEL SIZE: 2.0+ Acres GENERAL PLAN DESIGNATION: Residential, Very Low Density Single Family CTTF nATA- SURROUNDING LAND USES: Residential SITE SLOPE: 17.4% NATURAL FEATURES & VEGETATION: Significant oaks and evergreen trees, riparian area, adjacent to creek and numerous ornamental planting. PROJECT CONSIDERATIONS: HISTORY: The site contains two lots of record, one of which is smaller and essen- tially unbuildable. The applicant hopes to acquire another adjacent small parcel and achieve appropriate setbacks to place a garage across the creek from the ex- isting home. No garage is located on the site at this time and the staff condi- tions require that one be built or a variance received for no covered parking. The applicant has recently completed improvements to the creek area, approved by both Santa Clara Valley Water District and the State Dept. of Fish and Game. The Sanitation District No. 4 has completed improvements of a sewer main to within approximately 270 ft. of the site with the completion of the nearby SDR -1499, DeVoss. Report to Planning Commi s\..,rl* . 8/30/83 SDR -1541 - Carson Heil, Farwell Ave. Page 2 SETBACKS: 28 ft. from existing rear property line where 50 ft. is required and 20 ft. from the side property line. HEIGHT: Single story to match existing SIZE OF STRUCTURE: Existing: 1,954 sq. ft. .Proposed: 1,982 sq. ft. Total: 3,936 sq. ft. IMPERVIOUS COVERAGE: Structures - 5% Existing Drivewav - 5% COLORS & MATERIALS: To Match Existing PRIVACY IMPACTS: The proposed addition would not impact adjacent neighbors since it would be only slightly visible to one neighbor. DRIVEWAY & CIRCULATION: The existing driveway does not meet the requirements of the Saratoga Fire District. Chief Kraule has met with the applicant on site and the applicant has agreed to meet the Fire Chief's conditionsas shown on the Staff Report. GEOLOGY: See letter from Bill Cotton dated June 16, 1983 which recommends approval with conditions. ADDITIONAL CONCERNS OR COMMENTS: The Sanitation District conditions and additional comments are included in your packet for review. The Subdivision Ordinance requires that all Map Approvals condition hook -up of a residence to a sewer main unless the Planning Commission finds "that there are special circumstances or conditions affecting said property, or that the exception is necessary for the preservation and enjoyment of the substantial property rights of the petitioner, and in either event that the granting of the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the territory in which said sub- division is located. In granting such exceptions, the commission may designate such conditions in connection therewith as will, in its opinion, substantially secure the objectives of the regulations to which the exceptions are granted." The Sanitation District believes that it can construct the sewer in an environmentally sound way and would use the services of a recognized arborist to protect the existing trees. The rear setback of 28 ft. can be revised to 62 ft. with the removal of the lot line adjoining the two properties through reversion to acreage, as it is so conditioned for the site approval. A modification to the site development plan was approved by the Planning Commission on 8/24/83 in order to begin construction of less than 50% prior.to receiving Tentative Map Approval. Report to Planning Commis SDR -1541 - Carson Heil, F6rweli Ave. r 3/30/83 Page 3 BUILDING SITE APPROVAL - PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: 6/1/83. The Staff Report recommends approval of the tentative map for SDR -1541 (Exhibit "B" filed May 13, 1983) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and require- ments of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - DEPT. OF COMMUNITY DEVELOPMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to the City for checking and recordation (Pay required checking and recordation fees). (If parcel is shown on existing map of record, submit three (3) to -scale prints). C. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. half- street on Farwell Ave. D. Submit "Irrevocable Offer of Dedication" to provide easement as required. E. Enter into Deferred Improvement Agreement to improve Farwell Ave. to City Standards, including the following: 1) Designed structural section 18 ft. between centerline and flowline. 2) P.C. Concrete Curb and Gutter (v -24). 3) Undergrounding existing overhead utilities. F. Enter into a Deferred Improvement Agreement to construct storm drainage system as shown on the "Master Drainage Plan" and as directed by the Director of Community Development, as needed to convey storm runoff to street, storm sewer or watercourse, including the following: 1) Storm sewer trunks with necessary manholes. 2) Storm sewer laterals with necessary manholes. 3) Storm drain inlets, outlets, channels, etc. Report to Planning Commisa.jr- SDR -1541 - Carson Heil, Farwell Ave. 8/30/83 Page 4 G. Construct driveway approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on on 6 in. aggregate base. H. Construct "valley gutter" across driveway or pipe culvert under driveway as approved by the Director of Community Development. I. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. J. Watercourses must be kept free of obstacles which will change, retard or prevent flow. K. Obtain encroachment permit from the Dept. of Community Development for driveway approaches or pipe crossings of City street. L. Enter into Deferred Improvement Agreement to submit engineered improvement plans for: 1) Street Improvements 2) Storm Drain Construction M. Enter into Deferred Improvement Agreement to pay plan check and inspection fees as determined from improvement plans. III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1) Geology 2) Soils 3) Foundation B. Plans to be reviewed by geotechnical consultant prior to building permit being issued. C. Detailed on -site improvement plans showing: 1) Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities.) 2) Drainage details (conduit type, slope, outfall, location, etc.) 3) Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. 4) All existing structures, with notes as to remain or be removed. 5) Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. D. Bonds required for $400.00 for septic tank removal and backfill. IV. SPECIFIC CONDITIONS - SANITATION DIST. NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of Sanitation Dist. No. 4 as outlined in letters dated 6/8/83 and 6/9/83. Report to Planning Commisc 8/30/83 SDR -1541 - Carson Heil, Farweii Ave. Page 5 V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Construct driveway 14 feet minimum width, plus one foot shoulders using double seal coat oil and screening or better on 6 inch aggregate base from public street or access road to proposed dwelling or as approved by the Fire Chief. Slope of driveway shall not exceed 122% without adhering to the following: 1) Driveways having slopes between 12% to 15% shall be surfaced using 22 inches of A.C. on 6 inch aggregate base. B. Driveway shall have a minimum inside curve radius of 42 ft. C. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by the Fire Chief. Details shall be shown on building plans. D. Provide 15 ft. clearance over the,road or driveway (vertical) to building site. Remove all limbs, wires or.-'other obstacles. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation Dist. No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRI A. Dedicate right -of -way along entire creek frontage and ingress /egress easement over driveway for access. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Any modifications to the Site Development Plan shall be subject to Planning Commission Approval. B. Remove existing lot line with new parcel map. C. Provide 20' x 20' garage on site within appropriate setbacks or receive variance for no covered parking prior to Final Map Approval. Approved: Kathy Kerdus Planner KK /dsc P.C. Agenda: 7/13/83 r' COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone 378 -2407 June 9, 1983 City of Saratoga Community Services 13777 Fruitvale Ave. Saratoga, Ca 95070 RE Wildcat Creek Trunk Sewer Attention Kathy Kerdus RECEIVED JUN 131983 COMMUNITY DEVELOPMENT SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA With regard to Carson Heil'.s application and the District' interest's, as you are aware we are planning to abandon the Piedmont road - Mendelsohn pump station. I am enclosing a map indicating the tentative route to make the interconnection. As for the allignment on. the Heil property, we will work with them and their engineer as far as a suitable location. If the Heils participate in the cost of the extension we would estimate their costs to be $7,000 - $8,000. I want to take this opportunity to assure you and the commissioners that the district will continue to take into consideration the ecological and environmental aspects of this undertaking and if needed, as we have in the past we will obtain qualified arborist services. Very truly yours Stephen H. Goodman District Man er and Engineer A - t,(, By Robert L..Moehle Engineering Services RM /sw 1` r: COUNTY SANITATION DISTRICT NO. 4 RECEIVED OF SANTA CLARA COUNTY JUN 0 91983 100 East Sunnyoaks Avenue COMMUNITY DEVELOPMENT Campbell, California 95008 Telephone 378 -2407 June 8, 1983 City of Saratoga Community Services 13777 Fruitvale Ave. Saratoga,--CA..--95070 RE SDR 1541 14781 Fa - � resell Ave APN 397 20 -007 Attention athy Kerdus We have reviewed the tentative plan. Presently the sanitary sewer has been extended to the northerly boundary of APN 397 -12 -006 Lund. SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA The district plans to extend the sewer to its Piedmont Mendelsohn pump station and abandon a pumping system and force maim and replace it with a gravity sewer. If the applicant utilizes a sanitary sewer in lieu of a septic tank wewill work with him to have it extended. Very truly yours Stephen H. Goodman District Mana er & Engineer By Robert L. Moehle Engineering Services RM /sw William Cotd, and Associates GEOTECHNICAL CONSC.NTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 June 16, 1983 TO: Kathy Kerdus, Senior Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Heil, SDR 1541 At your request we have completed a geologic review of the subject property using the Tentative Map (20- scale), prepared by Kier and Wright, dated September 29, 1981. DISCUSSION Our review of the referenced map indicates that the applicant's are proposing a 50% expansion of the existing single story residence located in the southeast portion of the property. The site of the proposed construction is situated on relatively flat to gently sloping ground adjacent to Wildcat Creek on the west and at the base of a steep to very steep (380 to 420) west - facing slope on the east. The existing residence is approximately 30 feet from the base of the steep slope , and the proposed additions will be within 15 feet of the base of the slope. The expanded residence will be located approximately 45 feet from the top of the bank of Wildcat Creek. The proposed construction site is underlain by poorly consolidated, poorly sorted gravel, sand, silt and clay (i.e. recent alluvium). These materials are, in turn, overlain by potentially expansive soil of variable thickness. The site is located within a E -1 zone as shown on the Relative Seismic Stability Map of Santa Clara County. This zone is characterized by a moderate potential for liquefaction, lateral spreading and lurching. In addition, the construction site appears to be within Special Flood Hazard Zone A as shown on the Flood Hazard Boundary Map, No. H -03, City of Saratoga. CONCLUSIONS AND RECOMMENDED ACTION The proposed construction appears to be somewhat constrained by potential flood hazards, potential secondary seismic hazards and to some extent, the steep nearby slopes. Considering the magnitude of the project and the potential constraints, we recommend approval with the following conditions: 1) Geotechnical Investigation - The applicant should retain the services of a soil engineer to conduct a detailed soil and foundation engineering of the subject property. This investigation should make specific reference to the proposed improvements and should address but not necessarily be limited to: site preparation and grading, site ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING C � drainage, potential seismic hazards of ground shaking, and ground failure (i.e. liquefaction, lateral spreading and ground failure) and preliminary design parameters for residential foundations and re- taining walls. 2) Flood Hazard Analysis - The potential flood hazard and the associated risks should be evaluated by a hydrologist. The results of these investigations should be reviewed and approved by the City Engineer and Geologist prior to issuance of a building permit. Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton City Geologist CEG 882 William Cotton and Associates 4' r RESOLU'T'ION NO. SDR_ 1 -1 RESOLUTION APPROVING TENTATIVE MAP OF CARSON HEIL WIIEREAS, application has been made to the Advisory Agency under the Subdivision I -lap Act of the State of California and un- der the Subdivision Ordinance of the City of Saratoga, for tenta- tive map approval of a lot, site or subdivisions of l lots,(over 50 all as more particularly set forth in File No. SDR -1541 of this City, and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and im- provement, 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 gen- eral land use and programs specified in such General Plan, refer- ence to the approved Staff Report dated August 30, 1983 being hereby made for further particulars, and WHEREAS, this body has heretofor received and considered the (Categorical Exemption) �$ prepared for this project in accord with the currently applicable provisions of CEQA, and t, 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 the conditions as hereinafter set forth. NOtd, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described .subdivision, which map is dated the 13th day of May , 19 83, and is marked Exhibit "B" in the hereinabovereterred to file, be and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit "A" and incorporated herein by reference. The above and foregoing resolution was duly passed and adop- ted by the (Planning Commission) a meeting thereof held on the 14th day of September at 19 83, at which a quorum was present, by the following vote: AYES: Commissioners Crowther, Hlava, McGoldrick, Nellis, Schaefer and Siegfried , NOES: None ABSENT: None ADVISORY AGENCY ATT T: .l r m a n 1 h r P f q r\/ CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, September 14, 1983 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting -------------------------------------------- ROUTINE ORGANIZATION Roll Call Present: Commissioners Crowther, Hlava, McGoldrick, Nellis, Schaefer and Siegfried (Commissioner Crowther arrived at 7:43 p.m.) Absent: None Minutes Commissioner Nellis moved, seconded by Commissioner Hlava, to waive the read- ing of the minutes of August 24, 1983 and approve as distributed. The motion was carried, with Commissioners Schaefer and Siegfried abstaining since they were not at the meeting. Appointment of Vice - Chairman Commissioner Hlava nominated Commissioner Siegfried as Vice - Chairman. Commis- sioner McGoldrick seconded the nomination. Commissioner McGoldrick moved to close the nominations. Commissioner Nellis seconded the motion, and Commis- sioner Siegfried was unanimously elected Vice - Chairman, replacing Edward Bolger. Chairman Schaefer presented Resolution PC -146 to Edward Bolger, commending him for his service and dedication to the City. CONSENT CALENDAR Commissioner McGoldrick moved to approve the Consent Calendar listed below. Commissioner Hlava seconded the motion, which was carried unanimously 5 -0. 1. SDR -1447 - Marcus Bitter, Cox and Saratoga Creek Drive, 1 lot, Request for One -Year Extension 2. V -591 - Lewis Franklin, 13209 Padero Court, Request for One -Year Exten- sion BUILDING SITES /SUBDIVISIONS 3a. Negative Declaration - SDR -1541 - Carson Heil 3b. SDR -1541 - Carson Heil, 14781 Farwell, Tentative Building Site Approval, 1 Lot, and Site Modification Approval for addition on over 10% slope; continued from August 24, 1983 Staff commented on their recent meeting with Sanitation District #4, noting that the district is in receipt of the letter prepared by Mr. Heil's tree expert. Discussion followed on an alternative location to place the sanitary sewer on the opposite side of the creek. Staff noted that they are recommend- ing approval of the project, per the Staff Report, which does include the requirement for the construction of the sanitary sewer as outlined in the letters from the Sanitation District #4. Mr. Heil explained the project and described the trees in question. He asked about the appeal process, stating that he would appeal the condition for the sanitary sewer if the project is approved subject to it. The 10 calendar day period was noted. Commissioner Siegfried moved to approve the Negative Declaration for SDR -1541. Commissioner Hlava seconded the motion, which was carried unanimously 6 -0. Commissioner Siegfried moved to approve SDR -1541, per the Staff Report dated August 30, 1983 and Exhibit "B ", recognizing that there is some environmental damage that will be done, but unable to make the findings that would exclude s "k�l Planning Commission Meeting Minutes 9/14/33 SDR -1541 (cont.) Page 2 the requirement that the sewer be completed. Commissioner McGoldrick seconded the motion. The City Attorney clarified that if the Commission made the findings and approved the SDR without requiring a sewer, that does not preclude the Sani- tation District from initiating proceedings to put the sewer district in and condemning the property. Commissioner Siegfried amended his motion to be subject to the addition of the letter of June 8, 1983 from the Sanitation District that was not included with the packet. Commissioner McGoldrick seconded the amendment. The motion was carried unanimously 6 -0. Commissioner Hlava commented that one of the reasons she voted for the motion is because she feels that if the Commission made an exception now, it is quite obvious that the Sanitation District does have a plan to put through the sewer at some future date. She added that she feels the environmental damage will be that much greater if there is a condemnation and the sewer is put in later when the trees are much more established. 4a. Negative Declaration - SDR -1543 - Bert Reid 4b. SDR -1543 - Bert and Diane Reid, Kittridge Road, Tentative Building Site Approval, 1 Lot Staff indicated that the fees have not been received on this item and it should be withdrawn from the agenda because it is incomplete. The Planning Commission accepted the withdrawal. PUBLIC HEARINGS Sa. Negative Declaration - SDR -1540 - Flovd Gaines 5b. SDR -1540 - Floyd Gaines, Request for Tentative Building Site Approval, 5c. A -879 - Design Review Approval, and Variance Approval to construct six 5d. V -616 - (6) townhouses which maintain a front yard setback of 19 ft. where 25 ft. is required and an 11 ft. retaining wall in the RM -3,000 zoning district at the northerly corner of the Fourth Street Stairway and Oak Street; continued from August 10. 1983 Staff explained the project and the previous concerns that have been resolved. They noted the following changes in the Staff Report: On page 2, "The Fire Chief is requesting that the wall height not exceed 5 ft." should be deleted. On page 6, it should read: "The Planning Commission approves.... ", rather than "The Staff Report recommends approval ". The public hearing was opened at 7:55 p.m. Tim Ra'ibley, civil engineer, noted that the plans have been revised to show a 2 ft. setback and a 6 ft. planting strip. He submitted four samples and dis- cussed the cost and materials for the surface treatment of the retaining wall. Commissioner Crowther asked about the findings for the variance for the wall, and Staff noted that the findings combine both setbacks and wall. Commissioner Crowther commented that one finding for exceptional circumstances would be that other walls on adjacent properties are as high. The wall on the Zambetti pro- perty was discussed and it was determined that the height of the wall is over 6 ft. Commissioner Hlava moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Staff clarified that Condition VIII -B requires that the planting strips be 2 ft. and 6 ft., not to include walls or structures. Commissioner Crowther indicated that he would like to see a condition that says that the engineering of the wall shall be dependent on the landscaping plans and types of trees. It was determined that Condition VIII -D should be revised to state that the landscaping design shall be compatible with the engineering design of the wall. Commissioner McGoldrick moved to approve the Negative Declaration for SDR -1540. Commissioner Crowther seconded the motion, which was carried unanimously 6 -0. - 2 - CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, August 24, 1983 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Crowther, Hlava, McGoldrick, and Nellis Absent: Commissioners Schaefer and Siegfried Minutes The following change was made to the minutes of August 16, 1983: The last sentence in the first paragraph under UP -537 should read: "They reported that the neighbors across the street were notified of the full scope of the appli- cation." Commissioner Hlava moved to waive the reading of the minutes of August 2, 1983, August 10, 1983 and August 16, 1983 and approve as amended. Commissioner McGoldrick seconded the motion, which was carried unanimously. CONSENT CALENDAR Commissioner Crowther removed Item No. 2, A -711, from the Consent Calendar, stating that he would abstain on the voting on this item because of pending litigation. Commissioner McGoldrick moved to approve the balance listed below. Commissioner Hlava seconded the motion, which was carried unanimously 4 -0. 1. SDR -1259 - Joseph and Sandra Politi, Pike Road, Request for Reconsidera- tion of Improvement Agreement 3. Richard Amen, 14034 Palomino `Nay, Request for Site Modification to con- struct a spa and pond It was determined that there was a quorum of the Commission present for con- ducting business and the voting on A -711 could proceed even though Commis- sioner Crowther had indicated he would abstain on the matter. Commissioner Hlava moved to approve A -711, Phillip Williams, Design Review A proval Modifi- cation. Commissioner McC—ol-Tr-ick seconded the motion, which was carried 3 -0, with Commissioner Crowther abstaining. BUILDING SITES /SUBDIVISIONS 2a. Nezative Declaration - SDR - 1541 _- Carson Heil 2b. SDR -1541 - Carson Heil, 14781 Farwell, Tentative Building Site Approval, 1 lot, and Site Modification Approval for addition on over 10% slope: continued from August 10, 1983 Staff reported that the applicant had requested that the Tentative Building Site Approval application be continued to September 14, 1983 and is now requesting a decision on the Modification to the Site Development Plan. They explained the changes that had been received and described the proposal for the expansion. Mr. Heil, the applicant, indicated that he would rescind the property line even with the 49% expansion. He commented that he would like a variance to build the garage on the other side of the creek. Discussion followed on the Staff Report. Commissioner Crowther moved to approve the Site Modification subject to Exhibit "C" and the Staff Report dated July 8, 1983, revised to delete any reference to the rear yard setback. Commissioner McGoldrick seconded the motion, which was carried unanimously 4 -0. It was directed that the Tentative Building Site Approval for SDR -1541 be continued to September 14, 1983. lam: • jam. - C CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, August 10, 1983 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Bolger, Crowther, Hlava, McGoldrick, Nellis, Schaefer and Siegfried Absent: None Minutes Commissioner Nellis moved to waive the reading of the minutes of July 27, 1983 and approve as distributed. Commissioner.Bolger seconded the motion, which was carried unanimously. CONSENT CALENDAR 1. J. Lukes, 18900 Cyril Place, Request for Lot Line Adjustment Commissioner Nellis moved to approve the item above listed on the Consent Cal- endar. Commissioner Hlava seconded the motion, which was carried unanimously 7 -0. BUILDING SITES /SUBDIVISIONS 2a. Negative Declaration - SDR -1541 - Carson Heil 2b. SDR -1541 - Carson Heil, 14781 Farwell, Tentative Building Site Approval, 1 lot, and Site Modification Approval for addition on over 100 s1oDe Staff reported that the applicant has not provided input that could be trans- mitted to the Sanitary District for their consideration of alternatives, as requested at the last Committee -of- the - Whole. They indicated that it would be appropriate to continue this matter. Because of the timeframe, Commissioner . McGoldrick moved to deny SDR -1541, subject to receipt of a letter from the °applicant requesting a continuance. Commissioner Nellis seconded the motion, which was carried unanimously 7 -0. It was directed that this matter be con- tinued to August 24, 1983. PUBLIC HEARINGS 3. GPA- 83 -2 -A - Consider Amending the General Plan designation of various parcels Staff explained that this matter has had much review and Item 910 was discuss- ed at the last study session. Discussion was held on Item #25 (Napkin Ring), and it was determined that there would be a separate resolution, GPA- 83 -2 -B to cover this item. Commissioner Nellis moved to adopt Resolution GPA- 83 -2 -A, recommending approval to the City Council of all items in the Staff Report dated 8 -3 -83 except Item #25, making the necessary findings. Commissioner Hlava seconded the motion, which was carried unanimously 7 -0. Commissioner Nellis described Resolution GPA- 83 -2 -B as the item referenced as Item #2S (Napkin Ring) in the Staff Report dated 8 -3 -83 and moved to recommend approval of that item to the City Council, making the necessary findings. Com- missioner McGoldrick seconded the motion, which was carried 4 -3, with Commis- sioners Bolger, Crowther and Hlava dissenting. - 1 - vsk, Planning Commission Meeting Minutes 7/13/83 Page 3 BUI tRl TES 6. 1 - C so n Heil, 14781 Farwell, Tentative Building Site Approval, lot, and Site Modification Approval for addition on over 10% slope Staff explained the proposal and noted that the applicant does own the adjacent small parcel, and the elimination of the property line between the two would create a solution to the setback problem. They stated that they recommend approval, with the condition that the property be reverted to acreage, thereby eliminating the lot line problem, and the condition that either a garage be provided or a variance be obtained for lack of a garage on the site. Commissioner Hlava gave a Land Use Committee Report, describing the site. Commissioner Nellis added that one of the major concerns brought out by Mr. Heil was that the site is presently on a septic tank and putting it on a sewer could create all sorts of environmental problems. A letter from Mr. Heil was noted. Mr. Heil clarified that he would not consider splitting the property at this time since it would ruin it. He discussed possibly moving the property line back to the creek and described his proposal. The requirement for the sewer system was discussed. There was a consensus that this matter should be scheduled for a study session to consider the possible options. It was directed that this item be continued to a Committee -of- the -Whole on August 2, 1983 and the regular meeting of August 10, 1983. PUBLIC HEARINGS 7. V -609 - Ralph Renna, 15041 Sobey Road (near Sperry Lane), Request for Variance Approval to construct a masonry wall over 6 feet in height and to construct solar panels in the required side yard in the R -1- 40,000 zoning district; continued from June 22. 1983 Staff explained the application and noted that it had been discussed at a study session. They indicated that they had reviewed the matter of impervious coverage and it has been determined that there is actually 37% coverage. Dis- cussion followed on this issue. The public hearing was opened at 8:31 p.m. Mr. Renna described the solar panels and the drainage system. He clarified that it was not his plan to put a slab underneath the solar panels at this time. He added that he had not been able to obtain a sample of the lighting but des- cribed it. Randy Hess,.attorney for Mr. Renna, addressed the wall and noted the neighbors in support of it. Mr. Renna explained the attempts he had made to work with Mrs. Hexim, the adjacent neighbor. Commissioner Hlava moved to close the public hearing. Commissioner Nellis seconded the motion, which was carried unanimously. Commissioner Hlava reported that she had measured the fence and the major problem appears to be the L- shaped area where the culvert has been constructed and which is the border of the Hexim property. She explained that there is no water supply there so it would not be feasible to do any landscaping along the fence. She proposed that a condition be added that the applicant shall get permission from Mrs. Hexim to do some grading on her side to reduce the height of the fence to 6 ft. The lighting on the fence was discussed. Commissioner Crowther indicated that he would be inclined to deny any variance on the fence, since the applicant says it does not exceed 6 ft. Commissioner Nellis agreed that he would like to see the applicant work with the neighbor to bring the grading up to 6 ft. However, he would also like to see him work with the neighbor to landscape the fence to soften the effect. Commissioner McGoldrick commented that she was having a difficult time making the - 3 - lam, HEIL SRD -1541 RECEIVED /13/83 JUL 131983 HISTORY OF PROPERTY COMMUNITY DEVELOPMENT 1. Parcel A & B purchased by Charles and 011ie Gibson in approximately 1953. 2. First portion of existing house built in approximately 1956. Second portion of house was added in 1960. 3. Gibsons dedicated their retirement years to landscaping the property. All existing plants were propagated by the Gibsons. 4. Heils purchased property June 30, 1981. The property was somewhat rundown, as Mr. Gibson had a long illness and passed away a year prior to purchase. Mrs. Gibson had arthritis and could not maintain the property. She insisted on selling the property to a party who would maintain the property. 5. Heils purchased the property because of its seclusion and beauty of landscaping, even though the house was 1200 square feet smaller than their previous house. Furniture is still in storage. Heils planned prior to purchase to add to the house. 6. Upon occupancy, the following improvements were made to the property: a. Trees were pruned back, even those overhanging Farwell, which.were on city property; b. Overgrowth of brush and poison oak was cleared; C. A sprinkler system was installed; d. The hillside was replanted with ivy; e. A rustic fence was installed along Farwell Ave. and between the street and the fence some 80 white oleander were planted for enhancement of neighborhood. Page 1 of 5 elk --#-6 C HEIL SRD -1541 7/13/83 7. Twenty 18 foot -flat bed truck loads of brush were hauled to the dump, including a large number of beer cans and bottles thrown from Farwell Avenue. 8. Existing greenhouse was rebuilt, a temporary retaining wall was installed in the creek, and the old footbridge was replaced. 9. After the above improvements and in the early part of 1982, the Heils visited the planning department to determine the requirements for the originally - planned house addition. The Heils were told that no permit would be issued unless we could prove that we were not in the 100 year flood plane. 10. The Heils contacted Keir & Wright to prepare plans for Flood Control. In March of 1982.we lost a 250 - year -old oak tree in the creek. Plans were expanded from lowering the creek to include a retaining wall and relocating the creek. 11. After completing creek project in March of 1983, house addition plans were developed and Heils again visited planning department and were made aware of the requirements of the 50% and over addition. 12. The Heils again contacted the Civil Engineer to prepare plans to meet City requirements. 13. It became apparent that approvals and conditions would cause delay in construction. Therefore, a new set of house plans was prepared for less than 49% addition and submitted. 14. Heils meet with planning department July 13, 1983. Page 2 of 5 HEIL SRD -1541 PAID - COSTS TO ADD ON TO EXISTING HOUSE 1. Planning Dept. & Flood Control Civil Engineer - Lower creek $ 3,000 2. Flood Control Contractor - Lower creek & stabilize bank and channel 29,000 3. Fish & Game Contractor - replant both banks of creek 2,900 4. Fish & Game Contractor - Redo sprinkler system 2,400 5. Planning Department Civil Engineer - Plot plan with trees & slope 3,500 6. Planning Department Architect - Additional costs 49% plans 1,500 $42,300 ANTICIPATED COSTS FOR 49% ADDITION 1. Planning Department Soil Engineer - Coring and foundation $ 2,000 2. Owner's Option Contractor - Widen upper road for Fire Dept. 3,200 3. Owner's Option Contractor - Redo sprinklers because of widened road 800 4. Planning Department Civil Engineer - Change property line between two pieces of property to meet setback requirements 2,400 $ 8,400 Page 3 of 5 7/13/83 . � c HEIL SRD -1541 ANTICIPATED COST FOR OVER 50% IMPROVEMENT 1. Items 1, 2 and 3 listed for 49% addition 2. Planning Department Civil Engineer - Additional requirements for street, storm drainage and recession of P/L between owner's parcels - parcel map 3. Sewer District Contractor - Main trunk line through property 4. Building Department Contractor - Hookup to sewer & backfill septic tank 7/13/83 $ 6,000 5,500 2,400 $21,900 5. Contingent liability for obligation for street, storm drain, curbs 38,000 at today's price x 1.25 for inflation factor 10,years 47,500 $69,400 — — — — — — — — — — — — — — — — — — — — — — — - -- — — — — — — — — RECAP Amount Spent Anticipated Cost Total Cash Contingent Liab. 49% ADD $42,300 8,400 50,700 -0- $50,700 Page 4 of 5 50% ADD $42,300 21,900 64,200 47,500 $111,760 HEIL SRD -1541 ill 7/13/83 FEELING OF HEILS 1. We understand the law and need of the community to protect itself and property owners for orderly expansion. However, We find it difficult to conceive how individual private property owner with an existing residence can be subjected to the same requirements for a land developer or commercial development. 2. We do not need or require a sanitary sewer, and feel that the route now staked will have: (a) environmental impact on our property; (b) environmental impact on neighbors' property; (c) will further delay construction on less than 49% addition. 3. We would submit required plans ($5,500) to Farwell Ave. But we feel that when the required, they should be shared equally by possibly in an assessment bond. We believ storm drainage system could create a worse impact than the sewer. for improvement improvements are all property owners, e that the future environmental 4. We do mind giving up 200 of our property in the form of an easement to the Flood Control District because we have been told by Mr. Bill Carlson that they do not intend to improve the creek. However, in future years, should they decide to line the creek with concrete, they would destroy the property as it now exists. 5. We do want a garage but would need a variance to do so. 6. We will improve the road in accordance with the agreement with the fire department regardless of the outcome of our permit request. 7. We feel, based on the size and location of the property, that setback requirement if modified would not infringe on the privacy of our neighbors. Page 5 of 5 COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone 378.2407 August 1, 1983 Mr. Bob Shook City of Saratoga 13777 Fruitvale Avenue Saratoga CA 95070 RE Wildcat Creek Trunk Sewer Dear Bob RECEIVED AUG 0 31 °83 COMMUNITY DEVELOPMENT SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA Attached is a copy of the report given to our Board of Directors when authorization to proceed on this project was requested. Also attached are drawings showing the proposed alignments. Mr. Heil and myself have walked the alignment; and he has given his tentative approval. Of course, I'm hoping he doesn't change his mind. Your input to this project would be appreciated. As you will see on the drawings, every effort is being made to stay away from the large trees. Very truly yours Stephen H Goodman District Manager & Engineer G� 1/y/ P. R. Nichols Engineering Services PRN /d Encl. XC Kier & Wright, Attn: Ted Wilson it MEMORANDUM July 20, 1983 C TO Stephen H. Goodman, Manager and Engineer FROM Engineering Department (Nick Nichols) SUBJECT WILDCAT CREEK SEWER EXTENSION TO ACCOMMODATE THE ABANDONMENT OF PUMP STATION LOCATED ON MENDELSOHN LANE Included in this district's master plan for providing gravity sewer service to the entire area is the proposal to construct the Wildcat Creek Trunk Sewer. This sewer meanders up the creek and will interconnect into the pump station on Mendelsohn.Lane, allowing for the abandonment of that pump station. (Attached is a general plan of the area with the proposed trunk sewer alignment.) Mr. Carson Heil is expanding on his existing residence. Apparently, as a combination of the City of Saratoga's encouraging sanitary sewer service and his wish to avoid the possiblility of having the sewer constructed across his property after his improvements are in, Mr. Heil is willing to cooperate with this sanitation district in the constriction of a portion of the-Wildcat Creek Trunk Sewer. (Attached is a plan of the Heil property with the general trunk sewer alignment.) In my openion, Sanitation District #4 should take advantage of the opportunity to have this particular section of the Wildcat Creek Trunk Sewer constructed. The major considerations are easement procurement and cost as explained below: 1. EASEMENT PROCUREMENT: Easements will have to be obtained from three property owners as follows: Mr. Carson Heil is willing to grant an easement as long as the sewer is located in such a manner to prevent damage to the adjacent large trees. Mr. Heil and myself met with Mr. Beuchner. Mr. Beuchner appears willing to grant an easement for sanitary sewer installation. I have not spoken with Dr. Kraft. He previously granted an easement when the sewer was extended for DeVos. I am hoping for harmonius relations in securing this easement. 1 2. COST ESTIMATE: Although the sewer extension alignment is approximate only, a cost estimate can be developed as follows: CONSULTANT FEES: Engineer 800 ft @ $6 Arborist for tree protection Subtotal CONSTRUCTION COST: 800 ft of main @ $40 Embankment protection at creek.crossings Extras for tree. protection Subtotal With 109 contingencies Subtotal EASEMENTS AND INCIDENTALS: Easements 400 ft @ $2 +/- Plan check and inspection Subtotal TOTAL $5,000 1,000 $6,000 $32,000 10,000 5,000 47,000 5,000 $52,000 $1,000 3,000 $4,000 $62,000 The share assigned to Mr. Heil would be approximately $8,000, with the sanitation district having to absorb the remaining $54,000. A major portion of that $54,000 will be recovered, however, as the adjacent properties connect to the sanitary sewer. Only $15,000 was budgeted in this year's budget for this project. The development of the Heil property simply was not anticipated. The difference will have to come from unappropriated reserves. N FINANCING THROUGH THE SEWER EXTENSION REVOLVING FUND ---------------------------------------------------- Under ususal circumstances, the developer applies for district participation through this district's SEWER EXTENSION REVOLVING FUND. This is an awkward and time - consuming procedure for the developer. But in most cases it is worth it to the developer as septic tanks are not allowed for his project. This project is different. Mr Heil is not subdividing. The existing residence is being provided sewer service with a septic tank. Its not definite that septic tank abandonment will be required as a condition for expansion. To assure that Mr. Heil's willingness to cooperate continues, I think this district should have the sewer constructed immediately. COMMENTS Pump stations are troublesome and expensive to operate. This one has been particularly troublesome. When it was installed, the intent was to use it on a temporary basis until the Wildcat Creek Trunk Sewer could be completed. Adhering to the master plan for providing a'gray.ity sewer to the area and abandonment of the pump station, the Wildcat Creek Trunk Sewer has been continued upstream from the Saratoga City Hall coordinated with several developments: with the George Day development, and with the development of Dr. Foster, and with the last extension being to serve the property of DeVos. At least 5,000 feet of this sewer extension have been completed, with only 2,000 feet remaining. The alternative to not completing the Wildcat Creek Trunk Sewer and abandoning this pump station is extremely expensive and unattractive. The pump station would have to be upgraded to a permanent installation, and it would still require routine maintenance. Therefore, I am encouraging the authorization for expenditure of these funds and the construction of this section of trunk sewer. RECOMMENDED ACTION --------------- - -- Civil Engineers, Kier and Wright, have been employed by Mr. Heil for property surveys and preparation of site plans. As they are familiar with the area, they are the logical engineers to employ on this project. I have asked them for a proposal. It will be presented at the board meeting. If Kier and Wright's proposal is in line with my estimate of $5,000, I will recommend entering into an agreement with them for engineering services. K /fR,4FT Il DeVOS j W ' a BUECHNE,Q i /J! t' 9941 oc4 04 / 4 'po 40 / 0 100 2eo 300 400 Soo / y / / 15 Zq EXTE(MO.</ 4CRa55 rAE L0�c1as OF /Y/TgFT, Bt /EGN,VE.f, 1 / A.uo HE /L ro ACLOU,u00a7i rHE X�/ECULE %, hlelz �`K / - - - - -- .S�EkIEQ ,ExTENS�of/ rp 8E cdusr.PVCrEo Ar A LAT.tf ppTE. k / �ln MENDELSDHN LANE 7 in Rd. 0 4) B:: Z 9 T R 4 0 9 1 V rS ill s Voy S. 8337 T 4 5 4 8 \7224 0 0 5081 :2 ell For 1,560,000 6519 LA San Ln ui 7u c Ave 4 1 2 3 W 0 8 2 IQ: PM 9.945 8867 1132 'Noy 8676 'IX I till., COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 E. SUNNYOAKS AVENUE CAMPBELL, CALIFORNIA 95008 1'2— A Y� CA"r kfF a S 0 _ �� �.�-- ��-�-�.-, .gyp -z-� �� c � f�ECEIVED AUG 121 °83 COMMUNITY. DEVELOPMENT, Carson Heil 14781 Farwell. Avenue Saratoga, California 95070 August 9, 1983 County Sanitation District #4 of Santa Clara County 100 East Sunnyoaks Avenue Campbell, California 95008 Attention: Mr. P. R. Nichols, Assistant District Engineer Subject: Wildcat Creek Trunk Sewer Extension Re: Your letter dated 8/1/83 (received 8/3/83) Gentlemen, Based on your letter, it could be construed that we have authorized you to proceed on the sewer extension; such is not the case. Our meeting of July 11th was held to determine an acceptable routing that would cause the least damage to the landscaping and trees. We appreciate the fourth paragraph of your letter. When we met, we also discussed the following items: A. The existing landscaping, sprinklers and roadway would be restored to their present condition. B. In the event that the existing trees died within a five -year period after construction, we would be compensated on pre- agreed amount per tree. C. That we would retain a tree expert to make the evaluation and you would retain Mr. P. Pain during construction to determine the health of the trees and prevent damage. D. That we would be reimbursed for the trees that must be destroyed during construction. F. That if our neighbors would not grant the necessary easements, the District would condemn their property in order to proceed with construction in a timely manner. Mr. P. R. Nichols County Sanitation District #4 of Santa Clara County Page 2. Subsequent to our meeting, our application to the Planning Commission was discussed in a public meeting on July 13th and in a planning meeting on August 10th. In both meetings, I stated that Item F. was not an acceptable alternative and I would rather abandon the project than have unhappy neighbors. I have retained the services of Mr. Joe Arnez, the owner of Tree, of Northern California, for evaluation and consultation. After walking the proposed route, Mr. Arnez felt that we would lose a number of oaks, maples, and possibly one redwood tree. However, he was even more concerned for several trees on our neighbors' property which he termed as priceless. My feelings are the same as our first meeting. We don't want or need a sewer. However, if the City's General Plan is enforced and the sewer will be installed in the future, we would be better off to have it installed now rather than wait for condemnation proceedings at a later date. In order to resolve this matter once and for all, I feel the following action should be taken: 1. Your District should survey the route from my southern boundary to the northern most point of connnection. The survey should show easement size, grade of property, depth of sewer, manholes and all trees within the path of sewer. 2. If the depth of the sewer is determined by step one, then probability of damage can be determined. 3. The access routes for heavy equipment used in construction should be determined, as this equipment is destructive in itself. 4. The sewer line from my southern boundary to the Mendelshen Pumping Station should be surveyed instead of showing a penciled sketch. The survey should show the items mentioned in Item 1. above. If this is done, the City can assess the probability of environmental impact to the other property owners. The destruction could be so great that a different route should be used. On the other hand, it could be minimal. As of now, who is to say? Mr. P. R. Nichols County Sanitation District #4 of Santa Clara County Page 3. 5. If the foregoing steps were taken, I believe the District will be in a position to do a cost benefit analysis between upgrading the pumping station, selecting another route, or completing the Wildcat Creek sewer extension. We find it difficult to make decisions that are not based on facts. Yours truly, Carson Heil CH:pss cc: Saratoga Planning Commission Re: SDR -1541 C io OTTE @Eq O&MEU(Mm& /,, � 0 REPORT TO PLANNING COMMISSION DATE: 9 -14 -83 Commission Meeting: 9-14-83 SUBJECT: SDR -1541 - Carson Heil, Farwell Avenue, Discussion with Sanitation District No. At a recent Committee -of- the -Whole meeting you requested that Mr. Heil's tree consultant submit in writing comments relative to the trees on Mr. Heil's property and the adjacent property. This letter was to be forwarded to the County Sanitation Dis- trict No. 4 with an inquiry as to alternatives to the proposed sanitary sewer through Mr. Heil's property. Mr. Arnaz, of Trees of California, submitted the attached letter which has been forwarded to the Sanitation District. I have met with Mr. Nichols, Assistant District Engineer, and discussed the proposed sanitary sewer and its alignment with him. The work proposed at this time is the extension of the sanitary sewer from its southerly terminus on the DeVos property southerly to the southerly boundary of Mr. Heil. Approximately half of the sewer would be within the Heil property and the other half would involve properties of Buechner and Kraft. The district would participate in the cost of this facility with Mr. Heil. The district intends to include in its field work for this pro- ject the establishment of field information sufficient to design the balance of the sanitary sewer southerly to the pump station on Mendelsohn Lane. The district has great concern for the environment and will consult with tree experts relative to the proximity of this sewer to significant trees and construction methods which will minimize or eliminate potential danger to the trees. The dis- trict suggests that should the Commission wish to observe the type of disruption created by construction of sewers in locations similar to the proposed project, they may wish to make a field review of the extension to the DeVos property. This extension was constructed within the last two years. Report to Planning C(.'aission ,.,tember 14, 1983 SDR -1541 - Carson Heil. Page 2 Concerning alternatives, it is possible to locate the sanitary sewer on the west side of the creek. However, it is the feeling of the district that such construction would be more disruptive than the proposed alignment, and this would certainly be true of the Buechner property. Exhibits will be on display at the meet- ing. . Shook 4�rector of Community Development RSS:cd Attachment JOSEPH ARNAZ (408) 264 -3663 August 20, 1983 TREES OF CALIFORNIA Specimen Tree Transplanting Since 1964 Robert S. Shook Director of Community Development 13777 Fruitdale Ave. Saratoga, CA 95070 Re: Carson Heil Resident — �E : SDjZ - ' '57'41 Dear Mr. Shook 3615 Rollingside Drive San Jose, CA 95148 I have been asked by Mr. Heil to inspect his property, in order to determine the best possible route for a proposed sanitary sewer line. The property is heavily wooded with large Redwoods, Maples, Oak's and Cedar Trees. There also exists on this property some of the largest Native California Sicamore Trees in Santa Clara County. After walking the site with Mr. Heil, we both agree that the route using his drive way for part of the sewer line would be best, in the sense that it would cause the least amount of damage to the trees. However should a trench be dug along this route Mr. Heil would certainly loose the larger trees that are directly in the line of construction. In addition, it has been our experience that there would be a great danger of loosing some of the larger trees that are standing with in fifteen to twenty feet of the trench line. The value of some of the trees, like the Maple Tree near the house that would have to be taken out can be determined as they are replaceable using the Maple Tree as an example -(10' box size tree - normal replacement cost with -in the trade -Seven Thousand Five Hundred Dollars). The trees that can be replaced would have a total value exceeding -One Hundred Thousand Dollars. The larger trees are irreplaceable, consideration would have to be given to the loss of value to not only Mr. Heil's property but also his neighbors. A strong argument could be made that the value of the largest trees would be as high as Five Hundred Thousand Dollars. Thanking You in Advance Jge-iArnaz owner Trees f, alifornia JOSEPH ARNAZ (408) 264 -3663 TREES OF CALIFORNIA Specimen Tree Transplanting Since 1964 TREES OF CALIFORNIA Statement of Qualifications Following is a Partial List of Successfully Completed Tree Transplanting Projects: Governmental: 1. Bay Area Rapid Transit -Right of Way 2. Cal- Expo -State Fair Private: 1. Hyatt House - Monterey -San Jose -Palo Alto 2. Wharf Reconstruction - Monterey 3. Mc Cormack Ranch - Scotsdale, Arizona Residential: 1. Peter Fireston- Scottsdale, Arizona 2. Ernest Gallo- Modesto 3. Steven Wozniak -Los Gatos, California 3615 Rollingside Drive San Jose, CA 95148 COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone 378.2407 September 30, 1983 City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE Wildcat Creek Trunk Sewer Carson Heil Extension Councilmembers SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA fCfF'jJV/ rL,DD OCT 31983 The Board of Directors of County Sanitation District No. 4, at its meeting of September 28, 1983, adopted a motion urging you, if the need arises, to uphold Sections IV and VI of Staff Report on SDR -1541 -- Carson Heil, as approved by the Planning Commission of the City of Saratoga. These sections require the extension of an 8 -inch diameter trunk sewer to and through the lands of Carson Heil with the District's paying for all the cost of the extensions except for the value of the benefit to the Heil parcel. The sewer extension is a part of the District's general plan for extending the Wildcat Creek Trunk Sewer the remaining 2100 feet for abandonment of the only remaining sewage pumping facility within the District's sewerage system, and will also provide for the future abandonment of 11 septic tank systems. If appropriate, a District staff to provide additional information the Wildcat Creek Trunk Sewer. Respectfully A ,Stephen H. Goodman District Manager and Engineer member can appear before you on the need for extension of SHG /jf copy: Robert Shook, Director of Community Development H C � COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 Fast Sunnyoaks Avenue Carnpbell, California 95005 Tei-_phcne 3:82407 February 2, 1984 Mr. Carson Heil 14781 Farwell Avenue Saratoga, CA 95070 RE Wildcat Creek Trunk Sewer Dear Mr. Heil RECEIVED FEB 0 31984 COMMUNITY. DEVELOPMENT SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SA14 JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA Let us make the assurances we gave you in our meeting of January 31 in writing by this letter. They are as follows: 1. Every effort will be made to avoid damage to your trees, landscaping and roadwork as a result of the proposed sanitary sewer construction. A. All plants and shrubs that can be moved will be. stacked, moved out of the work area, kept moist, and then replanted immediately after construction. Those that cannot be replanted will be replaced. B. Major tree roots, say 2 inches or greater in diameter, will receive extra care. For example, hand exca- vation around them will be specified. 2. An arborist will be employed to develop specifications for working in the area of the trees. 3. The arborist will make an appraisal of the tree values. His appraisal will be presented to you. If you do not agree, then a second or third party will be called in for their appraisal. 4. Every effort will be made to protect the trees. If, however, a tree dies in the vicinity of the sewer as a result of the trenching activity, then this sanitation district will be responsible for the cost of removing that tree and replacing it. Of course, some of the trees on your property are huge. Replacing them with one of similar size would be impractical. 5. The easement will be based on the construction plans. You will have the opportunity thoroughly to review the con- struction plans in advance of signing the easement. Carson Heil February 2, 1984 Page 2 6. In the event, however unlikely, the sewer must be replaced by trenching at some future time, the landscaping and all improvements will be replaced and restored by CSD #4 at no expense to the property owner. 7. All of the conditions listed above can be made a part of the easement document if you wish. I hope we have demonstrated a willingness to cooperate and consider both specific and general concerns. On the other hand, your cooperation will assist this Sanitation District maintain a sewage collection system at a minimum cost to the taxpayer. Very truly yours ©4; /J t Preston R. Nichols Assistant District Engineer PRN /jf copy; Robert Shook- -City of Saratoga tij I ASSOCIATED WITH: JOSEPH C. MELINO FRED W. 0 KLOTZ SUITE 1200 COMMUNITY BANK BUILDING ROBERT N. BAKER SUSAN J. CRANE 111 WEST ST. JOHN STREET SAN JOSE, CALIFORNIA 95113 April 16, 1984 Harold S. Toppel, Esq. Atkinson & Farasyn 660 West Dana Street P. O. Box 279 Mountain View, California 94042 Re: Appeal of Carson Heil - City of Saratoga Dear Hal: APR 1 8 1984 A•F TELEPHONE (408) 27S -19SS (408) 998 -2700 I write to confirm our conversation wherein you informed me that Mr. Heil's appeal from a ruling of the Planning Commission has been again continued for two weeks in order for you and I to negotiate with respect to changes in the "Deferred Improvement Agreement" presently used by the City of Saratoga. By the time you receive this, I should have a copy of the present agreement which I am to acquire from either Mr. Arjon or Mr. Shook at the City. I would hope to be back with you with my first suggested revisions approximately on April 20, 1984. Thank you for your continued courtesy and cooperation with respect to this matter. JCM:smw Enclosure CC: Mr. Carson Heil rdially, J SEPH C. MELINO yj- AAIL" oA'L� L 7 CITY OF SARATOGA AGENDA BILL NO. S 2.3 DATE: 9 -28 -83 DEPARTMENT: F i n anc e SAC: Purchase of IBM photocopying equipment Initial: Dept. Hd. C. Atty. C. Mgr. Issue Sutnnary The price of the IBM photocopier we have has recently been reduced to the point where.it appears desirable for us to purchase it. The attached analysis from our IBM representative indicates that if we were to purchase the unit and finance it through them over five years, we will save approximately $33,000.00. Their projection does not include escalation of the monthly maintenance charge, and conslquently I feel it is overstated. Even taking this into account, the estimated savings appear material enough to warrarit.. our making the purchase. Of course one of the most important factors in this decision is the reliability of the machine. Since this model has only been out for around a year we do not have extended historical data regarding this point. Our machine, however, has been very reliable over the 1=2 months we have had it. In addition, the planned continuance of the maintenance agreement reduces our risk in this area. IBM has presented two options in the acquisition methodology: 1- Purchase for $21,818.26 cash 2- Finance the purchase at 10% interest over 60 months Since I expect us to be able to earn an average of at least loo interest on our investments over the period, it appears slightly more desirable to choose the second option. Recommendation That the Council authorize staff to execute. an agreement to purchase our current photocopy equipment, and to finance the acquisition over 60 months. Fiscal Impact To reduce our monthly photocoping expenses from approximately $1,420.00 to approximately $870.00 per month. Exhibits IBM report Council Action 10/5: Mallory /Clevenger moved to approve. staff recommendation. Passed 3 -0. International Business Machines Corporation One Metropolitan Plaza P.O. Box 7820 San Francisco, California 94120 415/545 -2000 September 7, 1983 Mr. Steve Peterson City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Steve: Attached is the information you requested on the purchase price of your installed IBM Series III /Model 60 Copier for your review. At your current monthly volume, and even if it increases, you will realize a considerable savings by converting this copier to purchase. If I have omitted anything, please give me a call at 415/855 -0643. Sincerely, Jbslephus Moore, Jr. C p er Specialist Na ional Marketing Division sc/9407 Attachment City of Saratoga Current Copier System IBM Series III /60 Average Monthly Volume 41,000 1 Year Lease Description Monthly Availability Charge includes 25,000 copies Additional Copies @ .0096 20 Bin Collator Copy Control Feature Automatic Doc. Feed Reduction Total Taxes Total Monthly Cash Outflow SC/9407.2 Price $875.00 153.60 100.00 32.00 67.00 105.00 $1,332.60 86.62 $1,419.22 City of Saratoga Proposed Copier System 1 IBM Series III /60 Average Monthly Volume 41,000 Net 30 Purchase Description IBM Series III /60 Less: Accruals thru 9/15/83 Balance Taxes @ 6.5% Net Purchase Price Monthly Service Charge Price $28,917.00 8,430.37 20,486.63 1,331.63 $21,818.26 437.00% *Service Charge subject to State and Local Government Contract. SC/9407.3 City of Saratoga Proposed Copier System 2 IBM Series III /60 Average Monthly Volume 41,000 60 Month Installment Plan Description IBM Series III /60 Less: Accruals thru 9/15/83 Balance Finance Charge @ 10% Balance 60 Monthly Payments Monthly Service Total Monthly Cash Outflow Taxes to be paid in advance Total Monthly Saving Saving over 60 months Price $28,917.00 8,430.37 $20,486.63 5,414.17 $25,900.80 431.68 437.00'^ $868.68 $1,331.63 $550.54 $33,032.40 *Service Charge subject to State and Local Government Contract. SC/9407.4 The prices stated here are for your information only and are subject to change. Price protection provisions are stated in the applicable Agreement(s) and /or Amendment(s). Applicable taxes are not shown. Rental of IBM Machines will be by Agreement signed by the Customer and IBM either prior to or subsequent to this date. Purchase of IBM Machines will be by Agreement subsequently signed by the Purchaser and IBM. Upon the expiration of the warranty period, maintenance of purchased IBM machines will be by Agreement signed by the Purchaser and IBM. Prices quoted are subject to all applicable state and local taxes. The terms and conditions of the current IBM Lease, Rental and Purchase agreements apply to this quotation. SC/9407.5 I:�: Or uvii��1 i1G-E--%DA BILL NO. 2-�- Initial Dept. fid _ DATE: September 27, 1983 (October 5, 1983) C. Atty. �avV Community Development C. Mgr. ------- — -- -- --- -- - - - - -- - -- ------- - - - - -- -- SU,- j-,Cr. RESOLUTION REQUESTING REVISION OF ABAG's HOUSING NEEDS - -_ ---- DETERMINATION FOR SARATOGA ------------------------ - - - - -- r Issue SL" m, ani - - - -- 1. At its last meeting the City Council directed Staff to prepare a resolution requesting a revision to the Housing Needs Determination prepared by ABAG for Saratoga in compliance with State law. 2. Staff has based the proposed revision on two points: a. unavailability of Williamson Act lands for housing b. environmental constraints of hillside lands requiring density reductions. Re- -=,me^.daticn If the Resolution and Staff Report are worded satisfactorily, then the Council can vote to adopt the Resolution which will then be forwarded to ABAG. The.Counci'1 can modify the wording of either the Resolution or the Staf Report to reflect its concerns, f. Fiscal Tm=acts None anticipated Exh i bi is /fl ttcch -;rn is Exhibit "A" - Resolution Requesting Revision of ABAG Housing Needs Determination Exhibit "B" - Staff Reports dated 9/28/83 and 10/14/83 Cc=ci l . %, :tion 10/5; Continued to 10/19 meeting. 10/19: Clevenger /Mallory moved to adopt Resolution 2098 using City Attorney's report Exhibit A for resolution. Passed 5 -0. RESOLUTION NO. A RESOLUTION REVISING THE HOUSING NEEDS DETERMINATIONS FOR THE CITY OF SARATOGA WHEREAS, the Association of Bay Area Governments is the Council of governments (hereinafter "ABAG ") under the Joint Exercise of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is required by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 (hereinafter "Section 65584 "), to determine the existing and projected housing needs for its region; and WHEREAS, each council of governments is further required to determine each city's and county's share of the regional housing needs to update their Housing Elements by July 1, 1984 as required by State Law; and WHEREAS, at the July 28, 1983 meeting of ABAG's Work Program and Coordination Committee, acting for the Executive Board, the Housing Needs Determinations report was approved for distribution to cities and counties throughout the Bay Area for the purpose of beginning the official review and revision of the determinations contained therein; and WHEREAS, the City of Saratoga desires to revise its share of the regional housing need based on available data and accepted planning methodology in accordance with the requirements of Section 65584; NOW THEREFORE BE IT RESOLVED,. that, pursuant to revises its share tained in the Jul port published by RESOLVED, that this revision and be it further Section 65584, the City of Saratoga of the regional housing need, as con- y 1983 Housing Needs Determinations Re- ABAG; and be it further is made effective October 28, 1983; RESOLVED, that the revision, and the data and methodology use to support such revision, is described in the attached report; and be it further RESOLVED, that the ABAG Executive Board is requested to act on such revisions in accordance with the requirements of Section 65584; and be it further RESOLVED, that a copy of this resolution and the attached report be transmitted to the Executive Director of the Associa- tion of Bay Area Governments. The above and foregoing Resolution was passed and adopted by the City of Saratoga City Council, State of California this day of 1983. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Secretary MAYOR M"% hs. YY F 1 �.ra'8j°4 ny-� i Fz F qy �M� • .s,a 41 ;. �izt � { Fq: O ; a 41 W of §&i&& o ^rE. T° i F a.F w•, 1xs; eJS±' �w: kd 'oz$'Rna.z6:ed.3,'.°.S�''"w�•t x5 REPORT CITY SUBJECT TO MAYOR AND COUNCIL DATE COUNCIL MEETING 9/28/83 10/5/83 Revision of July 1983 ABAG Housing Needs Determinations At its meeting of September 21, 1983 the City Council directed staff to prepare a resolution requesting a revision in the housing need determination for Saratoga as proposed by ABAG in its July 1983 report. This report will be attached to the resolution to be forwarded to ABAG requesting the revision. REASONS FOR THE REVISION Although-. the City has sufficient land zoned for residential use with- in its boundaries, and the boundaries of its urban service areas (as defined by LAFCO), to accommodate the 1990 housing need projected by ABAG, it is unlikely that the total need of 1,073 will be met in Saratoga. To keep up with that projected need, an average of 100 dwelling units per year would have to be built in Saratoga. In 1982 the City had a net increase of 11 dwelling units based on issuance of certificates of occupancy. In the first nine months of 1983, 13 new dwelling units became available for occupancy. Considering these numbers, the housing need quanities proposed by ABAG are not realistic. The low housing production rate in Saratoga is due primarily to eco- nomic factors beyond the control of the City such as land costs, high mortgage rates,.and high.construction costs. Further the City has almost 500 acres of land with final subdivision or building site approval, re- presenting 230 units., which only need a building I permit to be developed. However, only a few permits have been issued be of economic contraints. Environmental constraints significantly affect the amount of housing that can be produced in Saratoga. About 88% of.Saratoga's vacant residential land (605 acres total) not already approved for development is under Williamson Act contract or is located in environmentally sensitive areas. The same can be said for 79% of the'underdeveloped residential land (426 acres total) not already approved for development and nearly 100% of the vacant and underdeveloped lands (402 acres total) in the City's urban service area. / Report to the Mayor and City Council 9/28/83 r Revision of July 1983 ABAG Housing Needs Determination Page 2 The Williamson Act lands in the City represent from 53 -114 or about 9% of the 860 -993 units that can be accommodated within City boundaries under current densities. In the urban service area Williamson Act lands represent from 41 -67 or about 42% of the 94 -162 units that can be accommodated in that area. Combined Williamson Act Lands (393 acres) represent 13% of the units that can be accommodated within the City and its urban service area. Williamson Act lands can only be used for agricultural uses while under contract to the State. The term of the contract is 10 years with an automatic annual renewal to maintain the 10 year period unless the pro- perty owner formally requests otherwise. Considering these factors, existing Williamson Act land would not be available for development till at least 1993 which is beyond the 1990 period used in the Housing Needs Determination report prepared by ABAG. Thus, it would be reason- able to reduce the total housing need of Saratoga for 1990 by 13% or from 1,073 to 934 units. Most of the remaining lands are in hillside areas. In 1981 the City adopted a Specific Plan which reduced the density in the City's western hillsides. An ordinance was adopted in 1982 to implement this plan and the existing ordinance governing hillside development in hillside areas outside the sphere of the Specific Plan (including urban service .areas) was modified to also reduce the allowable density in the Cit 's. southern hillsides. Thus, the allowable density for most (about 84% of the City's vacant and underdeveloped lands not already approved for de- veloyment was reduced from 40 -45% as provided for in the voter approved initiative known as Measure "A ". Since these ordinances were adopted two severe winters (in terms of rainfall have hit the State. Last winter's rains triggered landslides and erosion in the City's hillside areas. It is the City's position that due to the environmental constraints evident in the hillside areas (which make up most of the'City's vacant and underdeveloped lands), the housing need projected for the City of Saratoga should be reduced. As mentioned earlier, the City has approved 230 units which have not yet received building permits but are likely to be built prior to 1990. Deducting this from the 934 units the city would need (after excluding Williamson Act Lands) leaves 704 units to be accommodated on land not already approved for residential development. About 84% of this land is in environmentally sensitive hillside area. Since density in these areas is reduced 40 %, as was done.in :.the ordinances controlling development in these areas, then the housing need expected to be accommodated in these areas should likewise be reduced. However, since not all of the projected housing need will be accommodated in the hillside areas the total remaining housing need should be reduced by 30% from 704 units to 493 units. CONCLUSION Considering the factors outlined above (Williamson Act lands and environmental constraints) total housing need should be reduced from 1,073 units to 723 units for the City of Saratoga. d Report to the Mayor & City Council 9/28/83 Revision of July 1983 ABAG Housing Needs Determination Page 3 APPROVED Michael Flores Assistant Planner MF /bjc C.C. Agenda 10/5/83 ggS�S f �� 3 �IG�PF°$% 3ZiF �'P 8 F�sc <5�z� �s log Qq 0&ia&1xQX5& IF8 73i �� IlJ6V DR �� D55D nF R �E�i ��iSiPo} G{ 5F g�} O G fiF f£FP?o FRF ¢ §S c� x &oF{waiRx:�E3 aFa .;crax eee cs „SL,,:i.% $ce1 REPORT TO MAYOR AND CITY COUNCIL DATE COUNCIL MEETING 10/14/83 10/19/83 SUBJECT- Revision of July 1983 ABAG Housing Needs Determinations REASONS FOR THE REVISION There are a number of new factors which require that the proposed ABAG needs determination be revised downward. They include new data, recent policy changes,.environmental and economic problems as described below. Recent data shows that the proposed ABAG goal is unrealistic. Although the City, if.completely built out, has sufficient land zoned for residential:use within its boundaries and the boundaries of its urban service areas (as defined by LAFCO), to accommodate the 1990 housing need projected by ABAG, it is unlikely that the total need of 1,073 will be met in Saratoga. To keep up with that projected need, an average of 100 dwelling units per year would have to be.built in Saratoga. In 1982 the City had a net increase of 11 dwelling units based on issuance of certificates of occupancy. In the first nine months of 1983, 13 new dwelling units became avail- able for occupancy. Considering these numbers, the housing.need quantities proposed by ABAG are not realistic. The low housing pro- duction rate in Saratoga is due primarily to economic factors be- yond the control of the.City such as land costs, high mortage.rates, and high construction costs. Further the City has almost 500 acres of land with final subdivision or building site approval, repre- senting 230 units, which only need a building permit to be developed. However, only a few permits have been issued because of economic constraints. Williamson Act lands should be excluded from consideration. Environmental constraints significantly affect the amount of housing that can be produced in Saratoga. About 88% of Saratoga's vacant residential land (605 acres total) not already approved for development is under Williamson Act contract or is located in environmentally sensitive-areas. The same can be said for 79% of the underdeveloped residential land (426 acres total) not already approved for development and nearly 100% of the vacant and underdeveloped lands (402 acres total) in the City's urban service area. Report to the Revision of July 1983 ABAG The Williamson Act lands in the City represent from 53 -114 units or about 9% of the 860 -993 units that can be accommodated within City boundaries under current densities. In the urban service area Williamson Act lands represent from 41 -67 units or about 420 of the 94 -162 units that can be accomodated in that area. Combined Williamson Act Lands (393 acres) represent 13% of the units that can be accommodated within the City and its urban service area. Williamson Act lands can only be used for agricultural uses while under contract to the State. The term of the contract is 10 years with an automatic annual renewal to maintain the 10 year period ur_- lessthe.property owner formally requests otherwise. Considering these factors, existing Williamson Act land would not be available for development until at least 1993 which is beyond the 1990 period used in the Housing Needs Determination report prepared by ABAG.. Thus, it would be reasonable to reduce the total housing need of Saratoga for 1990 by 13% or from 1,073 to 934 units. Recent zoning changes and environmental problems need to be taken into account. Most of the remaining residential lands are in hillside areas. In 1981 the City adopted a Specific Plan which reduced the density in the City's western hillsides. An ordinance was adopted in 1982 to implement this plan and the existing ordinance governing hillside development in hillside areas outside the sphere of the Specific Plan (including urban service areas) was modified to also reduce the allowable density in the City's southern hillsides. Thus, the allowable density for most (about 84 %) of the City's vacant and underdeveloped lands not already approved for development was re- duced from 40 -45% as provided for in the voter approved initiative known as Measure "A ". It should be noted that the Specific Plan as required by Measure A reduced density in the Northwestern Hillsides because of environmental and economic factors. The primary environmental factors were the geotechnical hazards associated.with the steep slopes and potential landslides in the area. Other environmental factors were the otential erosion and drainage problems associated. with higher density development in the hillsides. The cost of maintaining such development and the concomitant financial risks to the City were the primarly economic factors. The limited access provided by Pierce Road (the primary access for this area) and the difficulties associated with improving it were also cited as being adversely impacted by higher densities. Since these ordinances were adopted, two severe winters (in terms of rainfall) have hit the State. Last winter's rains triggered landslides and erosion in the City's hillside areas. It is the City's position that due to the environmental constraints evident in the hillside areas (which make up most of the City's vacant and under- developed lands), the housing need projected for the City of Saratoga should be reduced. As mentioned earlie.r, the City has approved 230 units which have not yet received building permits but are likely to be built prior to 1990. Deducting this from the 934 units the city would need (after Report to the Mayor and City Council • Revision of July 1983 ABAG excluding Williamson Act Lands) leaves 704 units to be accommodated on land not already approved for residential development. About 84% of this land is in environmentally sensitive hillside area. Since density in these areas is reduced 40 %, as was done in the ordinances controlling development in these areas, then the housing need expected to be accommodated in these areas should likewise be reduced. How- ever, since not all of the projected housing need will be accommodated in the hillside areas the total remaining housing need should be re- duced by 30.% from 704 units to 493 units. CONCLUSION Considering the factors outlined above, total housing need for the City of Saratoga should be reduced from 1,073 units to 493 units in addition to the 230 units that are slated for development. Michael Flores Assistant Planner MF /bjc C.C. Agenda 10/19/83 William Cotton and Associates GEOTECNNICAL CONSULTANTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 March 14, 1983 TO: Wayne Dernetz City Manager L City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: Preliminary Storm Damage Assessment RE: Landslide Problems At your request, we have completed a preliminary field-inspection of approximately 25 landslides that have resulted from ears rain this years rain storms. Most of the landslide problems are confined to private property, however, some involve public roads and utilities. The cumulative affect of these failures will most likely result in a very significant economic F, impact to the Saratoga community for the next several years. The cause of the slope failures is directly related to the prolonged winter season which has been characterized by storms of both high intensity and long duration. For the most part, the landslides that have taken place in Saratoga are of two general types: (1) shallow, fast moving soil slip/ debris flows and (2) deep, slow moving earth slumps. In both of these cases, t e ailures are triggered by over saturation of the ground and /or by raising ground -water levels. If the storm season begins to diminish in the next few weeks, we should see a marked decrease in the soil slip/ debris flow type of failures, however, the deeper- seated earth slumps could continue to occur into the spring and possibly summer months. This is especially true in hillside areas which are underlain by preexisting, relatively stable landslide deposits. We anticipate that the steeper areas within these landslides will be the most vulnerable areas for future failures As ground water infiltrates into these deposits during he remain year, these areas will become more unstable. g der of this If we can be of additional service to you, please contact our office. Sincerely yours, WILLIAM COTTON AND ASSOCIATES, INC. William.R. Cotton President /Chief Engineering Geologist FIRM! ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING CITY OF SARATOGA AGENDA BILL NO: DATE: September 29, 1983 DEPARTMENT: Maintenance SUBJECT: Bank Mill Road Retaining Wall - Resolution of Appropriation Issue Summary Initial: Dept. Head: City Atty : City Mgr As you know, during last winter's rains a landslide on Bank Mill Road caused a sub - standard retaining wall on City right -of -way to fail. The slide and wall failure was determined to be a joint responsibility of the property owner (John Kim) and the City. The City had engineered plans prepared for the wall and slope reconstruction and recieved formal bids for the combined project. At our recommendation, the low bid of $64,000 was rejected by the City Council at their meeting of September 7, 1983. Since it is imperative the slide be repaired prior to the winter rains, staff and Mr. Kim have negotiated an agreement whereby he would contract to have both his and the City's portion of the work performed by a private grading contractor. The City would reimburse Mr. Kim upon completion of the work. At the meeting of September 21, 1983, Council authorized the execution of the agreement with Mr. Kim. The attached Resolution of Appropriation of $20,000 is necessary to fund the work as called for in the agreement. Recommendation Adopt the Resolution of Appropriation of $20,000 to reimburse Mr. Kim Fiscal Impact This appropriation would come from gas tax funds. Exhibits /Attachments Resolution of Appropriation Council Action 10/5: Mallory /Clevenger moved to adopt resolution 2073.4. Passed 3 -0. CITY OF SARATOGA Initial: AGENDA BILL NO: Z �C' Dept. Hea . DATE: September 27, 1983 City Atty, DEPARTMENT: Parks and Recreation Commission City Mgr SUBJECT: Proposed Changes to Chapter 11 of the City Code Regarding Parks and Recreation Issue Summary The Parks and Recreation Commission is recommending changes to Chapter 11 of the City Code regarding Parks and Recreation. The Sheriff's Department had asked that a uniform closing time for all parks be adopted in order to give them leverage when breaking up potentially troublesome groups in parks. The Commission then decided to review the entire Chapter 11 and bring it up to date and generally more workable. The changes listed on the attached ordinance has been prepared by the City Attorney's office at the request of the Parks and Recreation Commission. Briefly, these changes itemize as follows: 1) Clarification of term "Director of Parks" 2) Establishes uniform closing hours for all parks 3) Prohibits use of alcohol in all parks without a City issued permit 4) Requires dog owners to be responsible for clean up of dog excrement 5) Prohibits any act not specifically covered under this ordinance but which is in violation of any City, County or State law. Recommendation Adopt the attached Ordinance amending Sections 11 -1, 11 -2 and 11 -3 of Chapter 11 of the Saratoga City Code regarding Parks and Recreation. Fiscal Impact Administrative costs may increase if Council wishes to enforce compliance. Exhibits /Attachments Ordinance No. amending Sections 11 -1, 11 -2 and 11 -3 of Chapter 11. Staff Report Council Action 10/5: Clevenger /Mallory rroved to read by title only, waiving further reading. Passed 3 -0. Clevenger /Mallory moved to introduce. Passed 3 -0. 10/19: Mallory /Clevenger moved to read by title only, waiving further reading. Passed 5 -0. Mallory / clevenger moved to adopt Ordinance 38.113. Passed 4 -1 (Callon opposed). 9/13/83 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 11-1, U -2 AND 11-3 OF CHAPTER 11 OF THE SARATOGA CITY CODE REGARDING PARKS AND RECREATION The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Section 11 -1(c) of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "(c) Director of Parks. The term "Director of Parks ", herein- after in this Chapter called "Director ", shall mean that person or persons designated and appointed by the City Manager, with consent of the City Council, as the person or persons . having authority over all parks within this City, and to whom is delegated the primary authority, responsibility and jurisdiction to administer and enforce the provisions of this Chapter. Until such time as a Director of Parks is appointed by the City Manager, with the consent of the City Council, the City Manager shall be the Acting Director, and shall have all the rights, duties and responsibilities of such Director." SECTION 2: Section 11 -2 of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "Unless otherwise designated by minute order or resolution of the City Council, or unless otherwise posted at a particular park, all parks shall be closed to the public between the hours of 10:00 p.m. and sunrise of the following day, and no person other than an officer or employee of the City shall be or remain in any park during such hours of closure. In addition, the Director shall have the power to close all or any portion of any public park for other hours and times of any day as may be reasonable or necessary in order to protect the public health, safety or welfare, and shall have the further power to close all or any section of any park to the public at any time, and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise), either entirely or to close the same to certain particular uses, as may be reasonable or necessary under the circumstances to protect the public health, safety and welfare." SECTION 3: Section 11 -3(i) of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "(i) be under the influence of intoxicating beverage or any drug so as to be a threat to the safety of himself or any -1- other person or property in such park. In addition to the foregoing, no person shall be in posses- sion of, or in any manner cause to be brought upon any park premises, or consume any alcoholic beverages except under the following conditions: where an authorized permit has been issued by the Director under Article II hereof for group use and such permit specifically permits the possession and consumption of alcoholic beverages, members of such group may possess or consume the same in accord with such permit." SECTION 4: Section 11 -3(k) of Chapter 11 of the Saratoga City Code is hereby amended to read as follows: "(k) permit or allow any dog owned by such person, or under the custody or control of such person, to enter or remain in the park or any part thereof unless securely held and lead by a leash of not more than six (6) feet in length, securely attached to a harness or collar on such dog. Should any dog defecate on any park premises or property, the person who owns said dog, or has custody or control of said dog, shall immediately remove any and all such excrement from the park." SECTION 5: Section 11 -3(p) is hereby added to Chapter 11 of the Saratoga City Code to read as follows: "(p) any act which is in violation of any city, county or state law." SECTION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, 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 any one or more sections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 7: This Ordinance shall take effect and be in full force and' effect thirty (30) days from and after the date of 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 this day of , 1983, by the following vote: -2- AYES: NOES: ABSENT: ATTEST: City Clerk -3- ff.- toxi p 11U f' 5 S£3SS :S REPORT TO MAYOR AND CITY COUNCIL DATE: 9/29/83 COUNCIL MEETING: 10/05/83 SUBJECT: PROPOSED CHANGES TO CHAPTER 11 OF THE CITY CODE The process of amending certain portions of the City.Code Chapter 11 as it applies to Parks and Recreation was started in January of 1983. The Sheriff's Department had asked that a uniform closing time for all parks be adopted (with the exclusion of Hakone Garden which closes at 5:00 p.m.). The City Code currently states all parks close at 2:00 a.m., however, some parks are posted as closing at 10:00 p.m. A standard closing time of 10:00 p.m. for all parks would give the Sheriff's Department the needed leverage to go into a park to break -up a group of individuals lingering after closing hours, creating a noise problem, increasing vandalism potential, etc. In making the change suggested by the Sheriff's Department, the Parks and Recreation Commission decided to update other areas of the Code which are outdated and /or in need of revision. These revisions itemize as follows: 1) Clarification of the term "Director of Parks" 2) Establishes uniform closing hours for all parks 3) Prohibits use of alcohol in all parks without a City issued permit 4) Requires dog owners to be responsible for clean -up of dog exrement in City parks 5) Prohibits any act not specifically covered under this ordinance but which is in violation of any City, County or State law These changes were drafted by the Commission in February of 1983 and were given to the City Attorney's office so that they could be prepared in an appropriate format for ado tion. T ommission has now received the Ordinance amending Chapter 1 and are spbmie �,* it to you for your approval and adoption . mn irinioaWur.v Secretary, Parks and Recr ation Commission ms REPORT TO MAYOR AND CITY COUNCIL DATE: 9/29/83 COUNCIL MEETING: 10/05/83 SUBJECT: PROPOSED CHANGES TO CHAPTER 11 OF THE CITY CODE The process of amending certain portions of the City Code Chapter 11 as it applies to Parks and Recreation was started in January of 1983. The Sheriff's Department had asked that a uniform closing time for all parks be adopted (with the exclusion of Hakone Garden which closes at 5:00 p.m.). The City Code currently states all parks close at 2:00 a.m., however, some parks are posted as closing at 10:00 p.m. A standard closing time of 10:00 p.m. for all parks would give the Sheriff's Department the needed leverage to go into a park to break -up a group of individuals lingering after closing hours, creating a noise problem, increasing vandalism potential, etc. In making the change suggested by the Sheriff's Department, the Parks and Recreation Commission decided to update other areas of the Code which are outdated and /or in need of revision. These revisions itemize as follows: 1) Clarification of the term "Director of Parks" 2) Establishes uniform closing hours for all parks 3) Prohibits use of alcohol in all parks without a City issued permit 4) Requires dog owners to be responsible for clean -up of dog exrement in City parks 5) Prohibits any act not specifically covered under this ordinance but which is in violation of any City, County or State law These changes were drafted by the Commission in February of 1983 and were given to the City Attorney's office so that they could be prepared in an appropriate format for ado tion. T , ommission has now received the Ordinance amending Chapter 1 and my are s i!g it to you for your approval and adoption. Din TrinidaVf-�dr.cv Secretary, Parks and Recr ation Commission ms CITY OF SARATOGA Initial: AGENDA BILL NO: 6-20 Dept. He DATE: September 26, 1983 City Atty DEPARTMENT: Maintenance City Mgr Y-- SUBJECT: Award of Bid for Heating /Cooling Units for Community Center Issue Summary The 1983 -84 Capital Improvement Budget includes $11,500 for the purchase and installation of new heating and cooling units for the Community Center. Staff submitted bid specifications to agencies in the area who could provide this type of equipment. Three bids were received and O.C. McDonald Company submitted the lowest with a total of $6,799.99. O.C. McDonald Company provided and installed the heating and cooling units on the other side of the building last year and are familiar with the system and the building. Recommendation Award bid for Heating /Cooling Units for Community Center to O.C.'McDonald Company in the amount of $6,799.99. Fiscal Impact Awarding a bid of $6,799.99 will provide a savings of $4,700. Exhibits /Attachments Bid Summary. Council Action 10/5: Mallory /Clevenger iroved to approve staff recommendation. Passed 3 -0. Amount Budgeted: $11,500 BID SUMMARY HEATING /COOLING UNITS FOR COMMUNITY CENTER Company Unit # 1 - Heating /Cooling Unit Unit # 2 - Condensor Total R.C. Moreno Heating- Company -- - -- - -$ - 7,400. -00- - -- - - - -- - -- -$ -2- ;000:- 00--- - - - - -- - - - - -- $ 9-,400.00 - -- O.C. McDonald Company $ 1,950.00 Thermal Design Systems - -- l $ 5,150.00 $ 6,799.99* $ 7,442.00 * Reflects price reduction by having both units installed at the same time