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HomeMy WebLinkAbout07-05-1989 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 1 ! AGENDA ITEM �ZE MEETING DATE: 7/5/89 ORIGINATING DEPARTMENT: Planning and Building CITY MGR. APPROVAL SUBJECT: Review of Code Compliance Questions at 19288 Bainter Avenue, property owner George Hwang --------------------------------------------------------------------- - - - - -- Recommended Motion: Staff recommends that the City Council receive the staff and the testimony from interested parties, and direct staff to take appropriate action to ensure compliance with conditions of approval and the City Code. Report Summary: The report provides the background which led up to the final inspection as well as the recent observations of the Planning and Building Departments. The report indicates findings that there remain code violations with respect to retaining wall height and chain link fencing. The report also outlines steps the Planning Department has incorporated in the previous months to prevent the current situation from occuring. Fiscal Impacts: Attachments: Motion and Vote 0/<-- None 1. Memorandum from the Planning Director and Chief Building Inspector 2. Building Inspection Record 3. Building Department Correspondence 0919W OO 1 §&M&1900& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Mayor and City Council DATE: 7/5/89 FROM: Stephen Emslie, Planning Director Joseph Oncay, Chief Building Inspector SUBJECT: 19288 Bainter Avenue: Questions regarding Code Violations, property owner George Hwang --------------------------------------------------------------------------------- RECOMMENDED ACTION Staff recommends that the City Council receive the staff report and the testimony from interested parties, and direct staff to take appropriate action to ensure compliance with conditions of approval and the City Code. OVERVIEW This memorandum provides the most recent staff observations and findings regarding the status of code violations at 19288 Bainter Avenue, the property of Mr. and Mrs. George Hwang. Recent inspections of the site were made by the Planning Director and Chief Building Inspector whose findings are reported below. In addition, this report discusses issues of unresolved violations after occupancy permits were issued. BACKGROUND At the June 21, 1989 regular meeting of the City Council, during oral communications, questions concerning the Hwang property were presented to the Council. These questions concerned over height retaining walls, water easements and chain link fence. The Building Division staff finaled the Hwang residence on May 18, 1988. Prior to the final inspection the staff required the modification of the retaining walls to bring them into compliance with City Ordinances. The Planning Department's Associate Planner in charge of the project, Kathryn Caldwell, was consulted concerning the retaining wall modification to assure compliance with zoning code. Ms. Caldwell visited the site and approved the modified retaining walls. The modifications included: lowering walls to less than 5 feet (the maximum wall height allowed) and constructing planters in front of 1 others. The planters were constructed to raise the grade adjacent to the overheight walls to reduce their measured height. The planters were approximately 12" to 16" high and 30" wide. The staff at the time also noted that a wall integrated with a spa was in excess of 5 feet. Walls which are a part of structures such as the spa and the residence are not defined as retaining walls and are not subject to the height limitation. Lastly, chain link fencing on the perimeter of the property was also noted by the previous staff. The applicants requested City approval of the fencing which was ultimately denied. The applicants removed the fencing upon notice from Ms. Caldwell. Upon completion of the retaining wall changes and the removal of the chain link fence on the property lines, the Building Division again requested Planning Department visit the site to assure compliance. Kathryn Caldwell advised the Building Division staff of her approval concerning all planning issues. Therefore, the project was determined to be in compliance and no reason existed to take further action. Since the last Council meeting the Planning Director and the Chief Building Inspector visited the site to verify recent questions. Staff found the retaining walls where planters were used to reduce their height are inconsistent with code requirements. In order for walls and planters to conform with the code and effectively reduce the height of retaining walls, each feature must be separated by a horizontal distance equal to 5 feet. In this case, the planter must be 5 feet wide in order to meet code. Staff communicated this concern and the Hwang's representatives will reduce the wall height to be less than 5 feet including the planter height. Staff also inspected the rear yard where the chain link was reported to exist. As mentioned above, perimeter chain link fencing was installed around the rear yard and was the subject of a Council appeal last year. The Council action to deny the applicant's appeal resulted in his removal of the perimeter fencing in September of 1988. A recent inspection of the site revealed a smaller chain link enclosure (less than 4,000 sq. ft.) used as a dog run. The dog run is also a violation of hillside fence requirements because chain link is a prohibited material for hillside fences. The Hwangs indicate that the Planning Department's approval was given to permit the smaller chain link enclosure. However, no records in the file indicate staff's approval of this prohibited material. The Hwang's architect /builder has prepared the legal description for the water line easement serving the neighbor's property. The easement has not yet been recorded. The Council may recall that the recordation of the water line easement was required as a condition which was implemented prior to final inspection of the residence. N FINDINGS The over height retaining walls in the front yard adjacent to the driveway and parking are should be reduced in height in order to conform with code requirements. The installation of 30" wide planters do not reduce the measured wall height. All other retaining walls were recently inspected and measured to be less than 5 feet in height. Several of these walls were modified to conform with code in an acceptable manner. All walls were properly engineered and conform with Uniform Building Code standards. The chain link fence encloses less than 4,000 feet but is a prohibited material in the hillside zones. The fence should be replaced with an open wire mesh in order to comply with fencing standards. With respect to the issuance of occupancy permits staff finds the following: appropriate communication between the Planning and Building Departments occured with respect to the over height walls. However, an error was made by the project planner in that walls were improperly modified to remain inconsistent with code requirements. With respect to the water line easement, staff finds that this issue should have been resolved prior to issuance of building permits if at all possible. This present situation reinforces the role of the Planning Department as the overseer of all development proposals to ensure all conditions have been satisfied. The Council should note that several procedures have been incorporated in the previous months to prevent the present situation from occuring. 1. Conditions of approval all are written to require a specific time when they are to be satisfied. Prior conditions were often ambiguous as to when they were to be satisfied. 2. All conditions are verified completed and incorporated into building plans by the Planning Department prior to zone clearance. It is the zone clearance approval which indicates to the building official that the project meets all zoning and Planning Commission requirements. 3. The Planning Department has assumed responsibility for the following through conditions which are impossible to verify prior to issuance of building permits. Conditions such as tree preservation and landscaping must be verified before, during and after a construction project. Conditions now clearly indicate when the Planning Department is required to inspect conditions during the construction process and prior to final inspection. 4. The Planning Department does not engage in project modifications which conflict with the City's design objective or code .requirements. There are many avenues for applicants to bring issues to the Planning Commission and City Council when the practical application of the code is detrimental. 3 CONCLUSION There remains several need of enforcement. made them aware of our these outstanding ite speedy compliance. Stephen E lie Planning Erector outstanding items Staff has contacted the concerns. Steps are ms and staff should be seph Oncay ief Building Inspector SE /JO /kah 4 code violations in involved parties and being taken to resolve directed to ensure i nt's Signature, or utho ' nt Date PLUMBING CONTRACTOR MAILING ADDRESS OTICEI WORK, CDMp, a STATE UCENSE IF This job copy of this permit shell be posted conapiaausty on the job to make the raluired entries thereon. DESCRIPTIONOF WORK: This permit vAD expire it work is riot started In 180 days, or If work is abandoned for more than & M' 19 180 days, or it no inspection is scheduled for none than 780 days. Thus is a Building Permit When properly filled out, signed and validated. and Is not trerslersds. Do not conceal or cover any consnnution until the work is inspected and the inspection is me . on Ore back of the job Copy and office copy of this permit. All inspection requests ELECTRIC PERMIT ELECTRICAL CONTRACTOR TELEPHONE MAILING ADDRESS J}ILLj y APP. DA 11 ISS UED ERMR ,,Iatr ntractor 7 3 8 3 0 $ -� RECDSITE AD ss Class Y I Z 8 A I N T EAV ECi -AD• FOIA 90 17771 FRUITVALE AVENUE SARATOGA, CALRN 667 600 APPLICANT Bc aR ll1N DRESS Z yoo saaA*o (406) • a u N & TELEP 1 cart mat' oont an y license is in full lone and effect. I CITY j; *AWrO&A STATE c 4 9 LING ADDRESS i nt's Signature, or utho ' nt Date PLUMBING CONTRACTOR MAILING ADDRESS OTICEI WORK, CDMp, a STATE UCENSE IF This job copy of this permit shell be posted conapiaausty on the job to make the raluired entries thereon. DESCRIPTIONOF WORK: This permit vAD expire it work is riot started In 180 days, or If work is abandoned for more than & M' 19 180 days, or it no inspection is scheduled for none than 780 days. Thus is a Building Permit When properly filled out, signed and validated. and Is not trerslersds. Do not conceal or cover any consnnution until the work is inspected and the inspection is me . on Ore back of the job Copy and office copy of this permit. All inspection requests ELECTRIC PERMIT ELECTRICAL CONTRACTOR TELEPHONE MAILING ADDRESS J}ILLj y Ow 3 I +. NWAuC- r72I ,,Iatr ntractor 7 3 8 3 0 $ -� STATE � Class Y �° License Number certify that I have a ce"Irrete of consent to aaff4naure. or a Certificate of Worker's GEN, =R: LL f�• RACT� G � L• j� env V ; ompensation Insurance, or nified Copy thereof: 'oliry 410 Company MAILING ADDRESS } Certified copy is hereby romished. Division• a E r ARCHrtECT ER D Certified copy is filed with the Building Inspection % AJ C, L certify that 1 em exempt from the provisions of Chapter 9, Division 3. B and P Code ADDRESS SF E gO V 9 � Contractor's License Law) because: (Check applicable statement) '°::�R�;.:a ""-.[�-ir"�'c.3:: P W A. I am the owner of the above property and I will contract to have all of the above work pedon. by licensed contractors. „r., TYPE OF OONST. OCC. G OUP USE ZONE SOUARE FOOTAGE S 5 Q O +: W B. I am the owner of the prrt ny and the work will be partialy accomplished in accordance with Statement "A” and the other work will be accomplished Q M� v I 1� in accordance with Statement "C•• the above Property end I •rill Perron^ the above oak CLASS OF WORK: EW ❑ AMMON REMODEL ❑REPAIR ❑ RE -ROOF O 1 W C. I em the owner of personalty or through my employees whose sole compensation will be the above described structure is not Intended or offered for DESCRIPTION — wages, and sale. = 6 Signature of Owner I Builder �B I certify that in the Performance of the work for which this permit is Issued I shelf not employ to the Worker's Compensation Laws of any person in any manner so as to become subject California. Signature of Owner, Builder D°1B NOTICE TO APPLICANT: If, after making this Certificate of Exemption, you should become of the Labor Code, you must forthwith SUbject to the Worker's Compensation provisions comply With such provisions or this permit shall be deemed revoked. I certify that I have read this application and state that the information given is true and State laws refining to the building correct. 1 agree to comply to all city ordinances and Construction, 1 ke this a nt under penalty of law i nt's Signature, or utho ' nt Date PLUMBING CONTRACTOR MAILING ADDRESS OTICEI WORK, CDMp, a STATE UCENSE IF This job copy of this permit shell be posted conapiaausty on the job to make the raluired entries thereon. DESCRIPTIONOF WORK: This permit vAD expire it work is riot started In 180 days, or If work is abandoned for more than & M' 19 180 days, or it no inspection is scheduled for none than 780 days. Thus is a Building Permit When properly filled out, signed and validated. and Is not trerslersds. Do not conceal or cover any consnnution until the work is inspected and the inspection is me . on Ore back of the job Copy and office copy of this permit. All inspection requests ELECTRIC PERMIT ELECTRICAL CONTRACTOR TELEPHONE MAILING ADDRESS J}ILLj y yypRK COMp, S STATE LICENSE IF s TELEPHONE MAILING ADDRESS BUILDING PUN CHECK (P ' FEE WORK. COMP, 0 STATE UC. s ENERGY PLANCHECK FEE A DE PTION OFCi RECEIPT 10 q 31 BUILDING ' 7� PERMIT FEE SMIP FEE Ax co..* 33ZZ `. 18uiYAAfiYDFS: GRADING PERMIT FEE .f '- "-t $3NF 3 5'3 %,p SARATOGA BUS. LICENSE �t 132 E 2 I K ®m SARA I Ul)A CUD. LN.. TOTAL 1�Q PERMIT {`+ TELEPHONE SARATOGA BUS. LIC.# F0 R TOTAL ' 3 Z 5'3 %,p SARATOGA BUS. LICENSE �t 132 E 2 I K ®m SARA I Ul)A CUD. LN.. TOTAL 1�Q PERMIT {`+ TELEPHONE SARATOGA BUS. LIC.# F0 R TOTAL ' 3 Z �- INSPECTION RECORD CARD •�.n CQNEPICL IO I C LOCATION nN .IOR SITE- iio .nnu iv ///• DATE INSP COIIIIECTION / „/� % DATE INSP COfIRFCTIUN Nn TICE FOUNDATION _ is ' •, .:/ - ENERGY % / / / / /� %;�r /�i / i SETBACKS UNDERFLOOR INSL. FORMS /STEEL FRAME INSL. I\ PIERS / FOOTINGS All ILI PLATE / WINDOW SEALS SVAB WEATHER STRIPPING RETAINING WALLS 1 P FINAL BLOCK MASONRY - �o-� - -- ^ SOLAR POOL STRUCTURE DHW _ UNDERFLOOR - SPACE HEATING FRAME FINAL SHEAR NAILING ROOF SHEATHING STUCCO/ LATH '� FIRE DEPARTMENT SHEETROCK' Y EARLY WARNING -ROUGH FINAL 5- - EARLY WARNING - FINAL p MECHANIC4 1. -MISCELLANEOUS FINALGRADE j / ✓��� . _ HEATING i'- AIR CONDITIONI ..0- ' - LA SCAPE _- .QNDE- �� ENTL� 44REMACE ' — - DUCTS tiNAM LUN61NG ' ��� '•,,%� /' // . FINAL DATE I FIECTOR sew - U/F UGH - - WITH THE SIGNING OF THE FINAL INSPECT 16N LOCK AB6VE, THIS FORM CONSTITUTES A in CERTIFICATE OF OCCUPANCY ROUGH L b QAS TEST TOP UT : - WAtSOSERVICE' -- SHOWER P ��' r FINAL - C —. I %-4 On ELECTRIC AC f TEMPORARtPOWER '.! NOTES: rGH VICE :,GROUNDING'/ B tJDIN P.G. B— E.0I FINAL ? t _ I .. • 1�1 —�L_ _ POOLS ANO SPAS_ PRE- GUNITE / BOND I^ —_ L -- PRE- PLASTER- _ COVER FENCE EQUIPMENT ' _f FINAL — r ROOF - - - - -- TEAR - OFF art'. - -- - -- IN - PROGRESS - - -- i FIRE RETARDENT FINAL __ ^�•' } -- -- ARRANG _� OR INSPECTIONS BY PHONING 867 46 0 � OFFICE HQORS: M - F 8 A.M. - 12 RN. 3 P.Ivl. - 5 P.M. gel 0&U ° o 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: City Manager DATE: 3 -22 -89 FROM: Chief Building Inspector SUBJECT: Hwang residence retaining walls On February 23, 1989, I instructed inspector Brad Lind, to inspect the height of the retaining walls at the Hwang residence located at 15288 Bainter Avenue. Some of the retaining walls exceeded the maximum allowed by ordinance and were required to be reduced to a maximum of five (5) feet. Mr. Lind informed me that all retaining walls are in compliance with City ordinance. August 2, 1988 13777 FRUITVALE AVENUE . SARATOGA, CALIFORNIA 95070 (408) 867 -3438 Mr. Hwang 19288 Bainter Avenue Saratoga, CA. 95070 RE: Retaining walls at 19288 Bainter Avenue Dear Mr. Hwang: COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman On July 8, 1988, we advised you of the above mentioned non - conforming retaining walls and gave you five (5) working days to contact this office in regards to the violation and as of yet this has not been done. We will allow you another five (5) working days to contact this office, and if you have not done so we will then turn this matter over to the City Attorney's Office. If, I can further assist you in this matter, contact me at (408) 867 -4605. Yours truly, Joseph S. Oncay Chief Building inspector CC: City Manager City Attorney City Engineer William Young �2 • K:�► E- July 8, 1980" 1:3777 FRUI'I'VALE' AVENUF • SARATOC;A. Cl \LII'ORNIA 9)5070 (408) 867 - :3.1:38 COUNCIL MEMBERS: Mr. Hwang 19288 Bainter Avenue Saratoga, CA. 95070 RE: Retaining walls at 19288 Bainter Avenue Dear Mr. Hwang: Karen Anderson Martha Clevenger Joyce Hlava David Moyles Donald Peterson On July 8, 1988, City staff advised this Division of retaining walls at the above mentioned property that are non- conforming to City Ordinances. An inspection was conducted and verified that there are retaining walls over five (5) feet in height. The City Municipal Code restricts the height of retaining walls to a maximum height of five (5) feet, Article 15 -19 Section 15- 29.010(8). Therefore, contact this office within five (5) working days and advise this division as to the timely manner in which this violation will be corrected. Your assistance in this matter will be greatly appreciated. If,I can further assist you in this matter, contact me at (408) 867 -4605. Yours truly, C�— -!�k � - (Do -t aT, Joseph S. Oncay Chief Building Inspector cc: City Manager City Attorney City Engineer William Young =1VZ SMOG= NO. MEETS�tG DMI 7 -5 -89 ORIGnMTM DaTs ENGINEERING SUBJ CTs Leo M..Shortino, Approve Reversion to Acreage Montalvo Road Recommendid Motions Staff recommends approval of Resolution - Reversion to Acreage of Assessor Parcel No. 517 -22 -101 and 517 -22 =102. Report summary: 1. Mr. Shortino wants to build recreation room on Parcel 517 -22 -101 and owner is required to eliminate lot line between two of the above parcels. 2. Conduct public hearing for reversion to acreage and determine the merits of the request. Fiscal- Zmoacts: None. ]attachments s .l. Resolution No. 2.' Proposed Parcel Map. 3. Letter from owner. Motion and Votes W RESOLUTION NO. • RESOLUTION OF CITY COUNCIL OF THE CITY OF SARATOGA REVERTING TO ACREAGE CERTAIN ASSESSORS PANELS 517 -22 -101 and 517 -22 -102 AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, Leo Shortino is the sole owner of Assessor Parcels 517 -22 -101 and 517 -22 -102. WHEREAS, Leo M. Shortino has requested that said real property be reverted to acreage in the manner and form as set forth hereinafter; and WHEREAS, on July 5, 1989, the City Council of the City of Saratoga held a duly noticed public hearing at the request of Leo M. Shortino for said reversion of acreage, and after the closing of said public hearing, reviewed and considered applicant's request, staff reports, the parcel map submitted by Roger E. Dodge and other evidence presented to the Council at said public hearings: NOW, THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES as follows: 1. The City Council makes the following findings: (a) No Offer of Dedication is vacated at this time. (b) All owners of an interest in the real property being reverted to acreage have consented to said reversion to acreage. 2. Having made the above findings: (a) Assessor Parcels 517 -22 -101 and 517 -22 -102 are combined into one lot and returned to acreage. The above and foregoing resolution was passed and adopted at a regular meeting of the.City Council of the City of Saratoga held on the 5th day of July, 1989, by the following vote: . AYES : NOES: ABSENT: ATTEST: • City Clerk MAYOR MOTES'. cwocQ: UTILITItt. F­­C, I I GAI A6 E. Ar 41r9 '. !EI. I.TZ: -.11TA­ Ar JIT9 'ja'.CE r:wj '0 CaccC cz-loz ']Ljlllt!C SF —t: .1 IIW oUl � S.Owl) cl. r— Z— A RE.\/E:rz&10tC TO AI�R-E�C�L Tentative Map .1 -J OF MR. LEO �HoQTiwo SAQ—GA CA. I t 199 DODGE &,ASSCCTATES. SURVEYING / June 7, 1989 Arjan Idnani Engineering Department 13777 Fruitvale Avenue Saratoga, CA 95070 RE: 15200 Montalvo Road, Saratoga/ APN 517 -22 -101 15252 Montalvo Road, Saratoga/ APN 517 -22 -102 Dear Mr. Idnani, As you requested and by this letter, you are informed as follows; Leo M. Shortino and Peggy M. Shortino are the owners of two land lots as described above. 15252 Montalvo Road, was purchased in the year 1977 and 15200 Montalvo Road was purchased by the Shortino's in December of 1984. As you are aware we are requesting permission to combine these lots to form one lot. It is our intent to build a recreation room on the property and understand that we must combine our lots in order to do this project. We thank you for your attention and consideration to this matter. Sincerely, Leo M. Shortino Owner cc LMS: jbc CITY ENGHNE -EFTS ( FiCE 15252 Montalvo Road • Saratoga, California 95070 • Telephone (408) 378 -1970 f ecd-c,� 7� X �.•�- �C��,.� l�'�� �. � © ��� � �1 IUD 5-17 — 22 lo'� /,� �, J NOTE TO NEWSPAPER: THIS IS A LEGAL NOTICE. Please typeset text and photograph seal, which Jean Buscher has, centered above it. This is a complete,.individual notice to be published June 21. Any questions should be directed to Betsy at 867 -3438. NOTICE OF HEARING BEFORE CITY COUNCIL Notice is hereby given that the Deputy City Clerk of the Saratoga City Council, State of California, has set Wednesday, the 5th day of July, 1989, at 8:00 p.m. (or earlier if public hearings are reached before 8:00 p.m. on the agenda) in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearing on: Reversion to acreage of a 1.280 acre vacant lot and 1.34 acre lot developed with single family home at 15252 Montalvo Rd. The reversion is required in order to construct an accessory structure for residence on the same site as the residence in the R -1- 401000 zoning district. (LL 89- 004)(Applicant, L. Shortino) All interested persons may appear and be heard at the above time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council's information packets, written communications should be filed on or before June 29. A copy of any material provided to hearings is on file at the office Fruitvale Avenue, Saratoga. Grace E. Cory Deputy City Clerk the City Council on the above of the Saratoga City Clerk at 13777 i E7CEC0 ='IVL SMQUJW 110 1 MEETING 0=8 am 7 -5 89 ORIGINATING 0a"S ENGINEERING SUBJECT! FINAL MAP APPROVAL FOR TRACT 8233 SARATOGA AVENUE, J. LOHR- W Lot's) RecOmended Motion: Approve•Resolution SD 88- 001 -1, approving Tract Map. Report summary: 1. SD 88 -001 is ready for Final Map Approval. 2. All improvements were completed under Tract'.6785. ITS F- C=r Mu. APPROVAL _ 3. All requirements for City and other departments have been completed. 4. All fees have been paid. Fiscal Impacts:. None. Attachments: I. Resolution No. SD 88- 001 -01. 2. Resolution Approving Tentative Map. 3. Location Map. Motion and Vote: 6K- RESOLUTION NO. SD 88- 001 -01 RESOLUTION APPROVING FINAL MAP OF TRACT 8233 WHEREAS, a final subdivision map of having heretofore been filed with this City Council for approval, and it appearing that all streets, public ways and easements shown thereon have not been satisfactorily improved nor completed and it further appearing that otherwise said map conforms with the require- ments of Division 2 of Title 7 of the Government Code of the State of California, and with all local ordinances applicable at the time of approval of the tentative map and all rulings made thereunder, save and except as follows: NOW THEREFORE BE IT RESOLVED: (1) The aforesaid final map is hereby conditionally approved. Said approval shall automatically be and become unconditional and final upon compliance by subdivider with such requirements, if any, as set forth immediately above as not yet having been complied with, and upon compliance with Section (3) hereof. (2) All street dedications, and all other dedications offered on said final map (except such easements as are declared to be accepted by the terms of the City Clerks certificate on said map), are hereby rejected Pursuant and subject to Section #66477.1 of the Government Code of the State of California. P) As a condition precedent to and in consideration of the future accept- ante of any streets and easements not by this resolution now accepted, and as a condition precedent to the City Clerk certifying the approval and releasing said map for recordation, the owner and subdivider shall enter into a written agreement with the City of Saratoga, secured by good and sufficient surety bond or bonds, money or negotiable bonds, in amount of thf 0 -1- The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of , 19 , by the following vote: AYES: • NOES: ABSENT: ATTEST: CITY CLERK MAYOR estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of Chap. 14, Municipal Code as amended and with the improvement plans and specifications presently on file, and to maintain the same for one year after completion. The form and additional terms of said written agreement and surety bond shall be as heretofore adopted by the City Council and as approved by the City Attorney. The mayor of the City of Saratoga is hereby authorized to exe- cute the aforesaid improvement agreement on behalf of said city. (4) Upon compliance by subdivider and /or owner with any remaining require- ments as set forth in the preamble of this resolution (if any) and with the provisions of Section (3) hereof, the City Clerk is authorized and directed to execute the City Clerk's certificate as shown on said map and to transmit said map as certified to the Clerk of the Santa Clara County Board of Supervisors. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of , 19 , by the following vote: AYES: • NOES: ABSENT: ATTEST: CITY CLERK MAYOR RESOLUTION NO. DR -88 -104 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received an application for design review approval of four condominiums in one structure located at 18970 -18976 Sara Park Circle. WHEREAS, the Planning Commission held a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence, and; WHEREAS, the applicant.has met the burden of proof required to support said application, and the following findings have been determined: Landscaping is clustered in natural appearing groups, similar to the existing landscaping along Saratoga Avenue. The colors and roofing materials are consistent with the surrounding developments and are nonreflective. Roofing materials are medium shake and no mechanical equipment will be located on the roof where it can be seen. The proposed development is compatible in terms of height, bulk and design with other structures in the immediate area. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of J. Lohr for design review approval be and the same is hereby granted subject to the following conditions: 1. The development shall be located and constructed as shown on Exhibit "A ", incorporated by reference. 2. ' Prior to submittal for building permit or grading permit, a zone clearance shall be obtained from the Planning Department. With Building Permit 3. Exterior colors shall match the Saratoga Parkside development. 4. The building shall be fully fire sprinklered and automatic fire sprinkler plans, permits and fees shall be submitted to the Central Fire District for approval prior to zone clearance. S. Provide approved spark arrestors on all chimneys. 6. Submit geotechnical investigation and report by licensed professional on soils and foundation. 7. Provide detailed on -site improvement plans showing: With Building Permit DR =88 -104, 18970 -18976 Sara Park Circle a. Grading (limits of cuts, fills, slopes, cross - sections, existing and proposed elevations, earthwork quantities) b. Drainage details (conduit type, slope, outfall, location, etc.) c. All existing structures, with notes as to remain or be removed. d. Standard information to include titleblock, plot plan using recorded data, location map, north arrow, sheet nos., owner's name, etc. 8. Early warning fire alarm system shall be installed and maintained in accordance with the provisions of Article 16 -60 City of Saratoga. 9. This resolution shall become effective upon the adoption of the rezoning of the property by the City Council to RM- 3,000, per ZC- 88 -002. 10. Per SD -88 -001, the minimum age for at least one occupant of each unit shall be 55 years. Section 2. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 3. Construction must be commenced within 24 months or approval will expire. Section 4. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 5. The applicant shall affix a copy of this resolution to each set of construction plans which will be submitted to the Building Division when applying for a building permit. Section 6. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of January, 1989, by the following roll call vote: AYES: Catmissioners.Guch, Harris, Zucker, Burger, Kolstad, Siegfried NOES: None ABSENT: Camtissioner Taq:)an RIVE eA Chairperson, Plannin Commission ATT T : Secre ary, Plan ng Commission AECE /VgQ The foregoing conditions are hereby accepted JAN j f) 169 PLANNING OEP7' igna ure or p ican SD -88 -001; 12764 Saratoga Ave. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of January, 1989 by the following vote: AYES: Catmissioners Guch, Harris, Siegfried, NOES: None Burger, Kolstad, Tucker ABSENT: Cannissioner Tappan ATTEST: Chairman, Plan n g omission Sec et Planni W Commission The foregoing conditions area hereby accepted: Signature of Applicant Date A:RESTM 6 F RESOLUTION NO. SD -88 -001 RESOLUTION APPROVING TENTATIVE MAP OF J. LOHR FOR A 4 -UNIT CONDOMINIUM PROJECT ON ONE COMMON LOT APN 386 -59 -30 under theESub,divisionaMapnActhas of thebeen State of California Advisory and Agency the Subdivision Ordinance of the City of Saratoga, for tentative map approval of four (4) condominiums on one (1) lot, all as more particularly set forth in File No. SD -88 -001 of this City, and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated 1/11/89 being hereby made for further particulars, and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth. WHEREAS, the Planning Commission has conducted a duly noticed Public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated December, 1987 and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. Complete requirements of DR -88 -104. After Building Construction 2. Minimum age for at least one occupant of each unit shall be 55 years. Done. 3. This resolution shall become effective upon the adoption of the rezoning of the property by the City Co ZC -88 -002. uncil to RM -3,000 per Done. Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Done Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. 5 SD -88 -001; 12764 Saratoga Ave. Section 4. Unless appealed pursuant to the requirements of Article become effective oten h (10)r days afrom ytheodate ofladoptionution shall PASSED AND ADOPTED by the City of Saratoga Planning them followings vote; of California, this 11th day of January, 1989 by AYES: Commissioners Guch, Harris, Siegfried, Burger, Kolstad, Tucker NOES: None ABSENT: Commissioner Tappan ATTEST: 1 ] — /'lei `Qr. `13 )� - -C.L- Chairman, Planning (OmmisSion Sec eta( Plannir�af Commission The foregoing conditions area hereby accepted: Signature of Applicant Date A:RESTM 6 ■ Alm wo � 4 ���11111�111� also IN Nollool Mom :UI.l.lI!r'r 7_l:L „ .:u.%4TrWu 1� mm MIN •• •• 'I�111111. moll • 4 •0 M• SUBJ=T= Authorize to Advertise for .overlay and Reconstruction of Various City Streets Reconnndsd Motions AGMM Tin � q L CM MM. APP1==& Authorize to advertise for overlay and Reconstruction of Various City Streets. Report summary i Engineer]ng Department is working on Plans -and Specifications for above project and will be ready to advertise by July 12, 1989. Award will be scheduled for August 2nd meeting. This project is part of the Street Management Program. Fiscal- Imacta:. $400,000 - $500,000 Gas Tax Fluids. Management Program. Attachmenta: !lotion and Vote: This project is part of the Street n • 4 • tl: • I Z an"" No. AGMA =s=s 8 MEETING DA' 8 _ 7 -5 -89 CITY Mu. APP=JM/i�po ORIG=&Tln DnTs ENGINEERING SUBJECTs Approve Resolution No. Partially Accepting Street Dedication of TRACT 6665 Rscommendid Motions Approve Resolution No. partially Accepting Street Dedication of Tract 6665. Report Summary! City Council on June 7, 1989 adopted resolutions No. 36 -B -235 and 36 -B -236 accepting street for TRACT 6665 and SDR 1426. The recommended resolution cancels both prior resolutions and accepts Saratoga Heights Road of TRACT 6665 into the public street systems. All other street dedication offers continue to be rejected. Fiscal- ZmoactsI Maintenance costs for Saratoga Heights Road. Attachmentss 1. Resolution No. 2. Resolution No. 36-B-235 and 36 -B -236. Motion and Vote: r` 91 Recording requested by: CITY OF SARATOGA After recordation return to: CITY OF SARATOGA 13777 Fruitvale Ave. Saratoga, CA 95070 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA PARTIALLY ACCEPTING THE OFFER OF DEDICATION OF STREETS CONTAINED IN THE SUBDIVISION MAP FOR TRACT 6665 WHEREAS, a subdivision map for that certain property located in the City of Saratoga, County of Santa Clara, State of California, identified as Tract No. 6665 was recorded in the office of the Santa Clara County Recorder on August 7, 1981, in Book 488 of Maps, at Pages 40 through 45; and WHEREAS, said map contained an offer of dedication to the public of the streets shown thereon, which offer was rejected at the time the map was recorded; and WHEREAS, as of May 12, 1989, all of the streets shown said subdivision map had been completed and maintained by the subdivider for a period of one year following the date of satisfactory completion of construction; and WHEREAS, the City of Saratoga now desires to partially accept the offer of dedication contained in said map, NOW THEREFORE, be it resolved by the City Council of the City of Saratoga as follows: 1. The offer of dedication to the public of the streets shown on the subdivision map for Tract 6665, as recorded on August 7, 1981, in Book 488 of Maps, Pages 40 -45, is hereby accepted as to Saratoga Heights Road only and said road is hereby declared to be a public street of the City of Saratoga. The offer of dedication shall continue to be rejected as to all remaining streets shown on said map. 2. The improvement bonds issued to the City of Saratoga by Developers Insurance Co., identified as Bond Nos. 103333, 103335 and 103341, each dated August 24, 1981, are hereby released and may be cancelled. 3. This Resolution supersedes and cancels Resolution Nos. 36 -B -235 and 36 -B -236 adopted by the City Council on June 7, 1989, and such Resolutions are hereby declared to be void and of no force or effect. -1- PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga held on the _ day of 19899 by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk -2- Mayor Recorded at "the request of, and -to ;ze returned to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 r'.aik b B RESOLUTION NO 36 -B- 236 RESOLUTION ACCEPTING DEDICATION OF STREETS TRACT 6665 It appearing that on or about 5 -12-89 improvements as shown on the hereinafter referred totsubdiviisonsmap and aorni approved improvement plans therefore were completed and thereafter were maintained by the sub- divider for a period of not less than an additional year from date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follow: That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easements as shown on the following described subdivisio map: NOES: None ABSENT: , Coinzcilr��nber Clevenger ATTEST: AG�� CITY CL Z% . MAYOR Map of Tract NO 665 recorded in Book 488 Office of the County Recorder the Clar8,astate of the County of Banta on him= 7 19 81 of0�C.4alifornn D , W M and as set forth in the Clerk's certificate on said map, is hereby rescinded and the previously rejected offers of dedication on said map are hereby accepted, except the -following: Q M C3 c:. W - 44d all of the above streets which are accepted under this resolution are hereby de- 43b ed to be public streets of the City of Saratoga, a 4J L Ga3ifornia. County of Santa Clara, State of OG.L ~ ;.; -jQ BE IT FURTHER RESOLVED: O That W 0 M the following described improvement C3 Cf1 p ovement bond or bonds are hereby ordered released: W �• °) C� � That certain Improvement Bond No. 103341333ddated August 24, 1981, issued by U ' � DEVELOPERS INSCMX CE �. r and above and foregoing resolution was Ith Passed and adopted on the 19 89 day of �tbD followin - - -' at a regular meeting of the City Council of Saratoga by 9 vote: AYES: Councilmembers Moyles, Peterson, Stut man and MVayor Anderson NOES: None ABSENT: , Coinzcilr��nber Clevenger ATTEST: AG�� CITY CL Z% . MAYOR 4 �Recorded at 'then request of, and -co lie returned tot City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 RESOLUTION NO 36 -B- 235 RESOLUTION ACCEPTING DEDICATION OF STREETS Vintage Lane It' appearing that on or about May .12, 1989 r the street, storm drain and other ia�provsments as shows on the hereinafter referred to subdiviisoa improvement plans therefore were a map and on approved divider fora completed and thereafter were maintained by the sub - period of not leas than an additional year frost date of satisfactory completion. NOW, T2MREFOR3, the City Council of the City of Saratoga hereby resolves as folic That portion of the City's previous resolution -rejeotin q the dedication of c streets, storm drains and other easements as srtain map: shown on the following described subdiviL Map of - SDR - 1426 recorded in Book 488 of daps, at page 38 office of the Count in ti Y ceder of the County o— ! g its Clara, State of California on August 7 � i?_81_� and as set forth in the Clerk's certificate on said map, is hereby rescinded and the W. previously rejected offers of dedication on said map are 1w D followings reby accepted, eXcept the W 2 4 and all of the above streets which are accepted `7 laced to be publia streets of the City Vie! resolution are hereby do- - aalifornia. tY of Saratoga, County of Santa Clara, State of C3 L3 W 0 BE IT FURTHER RESOLVEDt e��hat the following described improvement or bonds are hereby �Y ordered released: C' r=' That certain Improvement Bond No. 10 I dated . c".. C-J; `� issued by o rs Insurance C and �'. u t — DPVPI omtaany . e above and foregoing resolution was June passed and adopted on the day of �- 19 8- at a regular meeting of the City Council of Saratoga by -" C�ths following votes.�r AYES& Councilmembers �byles, Peterson, Stut7nan and Mayor Anderson NOES& None ABSENT:CounciliTler� Clevenger MAYOR ATTF4T & / e1 �!, -- CITY CLE I •i sAaATOCA CITY COUNCIL ERECO:'IVE =OR" NO. MEETING OA=I _ July 7, 1989 ORIGINATING MWT: ENGINEERING 8LWEC2: Centerline Striping on Parker Ranch Road RscOmmen16d Motion: An UMM ITEM! CITY MMO APPROVAL )�� Adopt Resolution No. MV , Resolution Resolution Establishing No- Passing Zone and Authorizing Delineation of a Portion of Parker Ranch Road by Double Yellow Centerline Striping. Report Summary= At the April 3, 1989, meeting of the Public Safety Commission, residents from the Parker Ranch neighborhood asked that centerline striping be placed on Parker Ranch Road. The Public Safety Commission requested that the Engineering Staff review the matter and make a recommendation. Engineering Department's review of this request was that although not justified for the entire length, the stretches where warranted are of significate length, that in order to be effective it should be placed for the entire length. The Public Safety Commission unanimously endorses the recommendation to install said double yellow centerline. Fiscal- Imoacts: The cost to paint 2,000± L.F.'of double yellow centerline and place Type D reflectorized pavement markers would amount to approximately $1,500 and come from the Traffic Safety Budget (3033 - 3010): Attachments: 1. Resolution No. MV 2. Location Map and Plan of Proposed Centerline Striping. 3. Memo from Public Safety Commission to Engineering. 4. _Memo to Public Safety Commission from Engineering i RESOLUTION NO. MV • RESOLUTION ESTABLISHING NO- PASSING ZONE AND AUTHORIZING DELINEATION OF A PORTION OF PARKER RANCH ROAD BY DOUBLE YELLOW CENTERLINE STRIPING The City Council of the City of Saratoga hereby resolves as follows: SECTION I: Based on an engineering and traffic study, the following designated portion of street in the City of Saratoga shall be designated by double - yellow centerline striping to indicate no driving to the left thereof: NAME OF STREET Parker Ranch Road T1L�C4�T]TTYTT/'1Ti From 180'± southwesterly from the centerline of Vista Arroyo Ct. to a point 2,0301± southerly thereof. This section shall become effective at such time.as the proper striping is put down. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the day of 1989, by the following vote: AYES: NOES: ABSENT: ATTEST: • CITY CLERK MAYOR PROPOSED f Sri 11PINS Aw/ RAJ a 0 /t - Rsikar lrbneb,4N h � I \ I \ M1 l'♦ aV� Q � 415 PROF /LE scac E June 14, 1989 137177 f= Rl I "I-A /:ALE ,AA'LNl'E • SARATOGY A. CALIFORNIA x)5O7( ) (408) 807-:34:38 E1NC1L MEMBERS: id$ �ren Anderson �`` ^ Martha Clevenger J VIi 1 J 198-D David Moyles Donald Peterson Franrk .ghft]nlAn To: Erman Dorsey CITY OF SA ^A T OGi., CITY ENC,INEER'S OFFICE From: Community Services Director Subject: Centerline Stripping on Parker Ranch Road At a regular meeting of the Public Safety Commission held on June 12, 1989, the Commission unanimously endorsed your staff recommendation to install a double yellow centerline stripe along with raised reflectorized pavement markers on Parker Ranch Road between Vista Arroyo Court and the "pump house ". Please feel free to contact me if you have any questions. , � � �/ � Lzz, ,: - Z� Todd W. Argo jm cc: City Manager 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Public Safety Ccnnission DATE: 5 -23 -89 FROM: Engineering Department T p SUBJECT: Centerline Striping on Parker Ranch Road Responding to request for the proposed.double yellow centerline striping along with the raised reflectorized pavement markers on Parker Ranch Road, between Vista Arroyo Court and the "pump house ", we feel that although such striping may not be ccrnpletely justified for this entire length, the stretches where.. it is warranted are of a significant length that in order to be effective it should be placed for the entire length. This proposed delineation would encourage drivers to stay on the right side of the roadway and not tend to drift over to the left (which occurs when exceeding a safe and reasonable speed), while negotiating curves. The horizontal curves.along this reach of road are gradual, but when in ccnbination with the vertical curves they became deceiving. This proposed safety improvement is not going to eliminate the occasional speeder ( "hot rodde_r ") that uses the road, but it will make it safer for the majority of the motorists. Engineering Department cc: City Manager 00�0�0 0� o 0000 13777 FRl'I "I'V.ALL t \�'L_N�'E{ ' 1:A "I'C)('„A, C:, -)RNIA 95070 (408) 867 -3438 ' %i j'Q9 COUNCIL MEMBERS: Karen Anderson April 5, 1989 CITY OF SARATOGA Martha Clevenger CITY ENGINEER'S OFFICE David Moyles Donald Peterson To: Erman Dorsey Francis Stutzman From: Community Services Director Subject: Proposed Centerline on Parker Ranch Road At the April 3, 1989, meeting of the Public Safety Commission, residents from the Parker Ranch neighborhood asked that the Commission recommend end the centerline striping of Parker Ranch Road to the City Council. The Commission was reluctant to do this without a recommendation from you in the matter. As I understand it, the centerline proposal would be from Vista Arroyo to the pump house on Parker Ranch Road (the area is approximately a quarter mile long). The residents were asking if concrete striping bars could be added to the centerline of the street making it difficult for cars to cross the line at a high rate of speed. Alternatively, they suggested at least reflectorized markings to be included with a double yellow line on the street. The Commission expressed no particular preference for any of the suggestions the residents made; they would prefer to view the suggestions in the context of your recommendation. Please take a look at Parker Ranch Road and indicate if there are any areas where you feel a centerline would be appropriate. If there are, please indicate what kind of centerline and other related markers would me most appropriate. If you are planning on responding to the Commission for their May 8, 1989, meeting, I would need your response by Friday, April 28. If you will be shooting for their June 12, 1989, meeting I will need your response by June 2, 1989. Please feel free to contact me if you have any questions. 'r 3m cc: PSC Acting City Engineer Peacock