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HomeMy WebLinkAbout08-15-1984 CITY COUNCIL STAFF REPORTSCITY OF SARATOGA AGENDA BILL NO. DATE: August 8, 1984 (August 15, .1984) Initial: Dept. Hd. C. Atty. DEPARTMENT: Community Development C. Mgr. SUB,7ECT: ABANDONMENT OF PORTION OF RIVERDALE DRIVE Issue Summary That portion of Riverdale Drive between Riverdale Court and Wildcat Creek is no longer necessary to the circulation in the area. Residents fronting on both sides of this portion of Riverdale Drive have reauested.its abandon- ment. The same residents will cause the paving and other improvements to be removed and appropriate curb and gutter across the end of Riverdale Drive to be constructed. Recommendation Adopt Resolution Ordering Vacation and Abandonment of that Portion of Riverdale Drive between Riverdale Court and Wildcat Creek. Fiscal Impacts None Exhibits /Attachrmnts 1. Resolution Ordering Vacation and Abandonment 2. Agenda Bill No. 665 3. Resolution of Intention to Abandon a Portion 4. Reduced copy of improvement plans. Council Action 8/15: Adopted resolution 2174 5 -0. of a Portion of Riverdale Dr. of Riverdale Drive RESOLUTION NO. RESOLUTION ORDERING VACATION AND ABANDONMENT OF A PORTION OF RIVERDALE DRIVE The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Pursuant to Chapter 2 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, and pursuant to Resolution No. 2161 heretofore passed and adopted by the City Council of the City of Saratoga on the 18th day of July, 1984, hearing was held on this Council's proposal to vacate and .. abandon the hereinafter described portion of the hereinafter described public street, which hearing was held on the 15th day of August, 1984, at the hour of 8:00 o'clock p.m., of said day, at the Council Chambers of the City Council, City Hall, Fruitvale Avenue, Saratoga, California, and the City Council makes the following findings, conclusions and order as hereinafter set forth; Section 2: The City Council finds, from the evidence submitted, that the hereinafter described portion of the hereinafter described street is unnecessary for present or prospective street purposes, and the City Council further finds that at least ten (10) days prior to the aforesaid hearing said portion of said street was duly and regularly posted with not less than three (3) copies of notices of said street vacation and of said hearing which notices were not posted more than 300 feet apart; NOW, THEREFORE, the City Council makes the following order: Section 3: The City Council of the City of Saratoga hereby orders and declares that the following described portion of Riverdale Drive, to.. wit:.. Those portions of that certain street known as Riverdale Drive, located between Riverdale Court and Wildcat Creek in the City of Saratoga, County of Santa Clara, State of California, which portions are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference, Be and the same is hereby vacated and abandoned, save and except that there is retained (and not abandoned) a Public Service Easement over and through the above described property. 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 15th day of August, 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK FOR THE CITY OF SARATOGA MAYOR EXHIBIT "A" PORTION OF RIVERDALE DRIVE TO BE ABANDONED BEGINNING at the point where the easterly rights of way line of Riverdale Drive intersects the southerly boundary line of Tract 2159, "Riverdale ", recorded in Book 104 of Maps, Page 48, Santa Clara County Records; thence along the southerly boundary of said tract North 75° 15' West, 57.78 -feet; thence leaving said boundary North 00 30' 20" East, 95.90 -feet along the westerly rights of way line of Riverdale Drive; thence 11.20 -feet along a tangent curve to the left, said curve having a radius of 20.00 -feet and a central angle of 32° 05' 06 ";.thence along new rights of way line 76.82 -fee along a non - tangent curve tS the left, said curve having a radius of 76.00 - feet, a central angle of 57 54' 54" and its tangent bears South 310 34' 46" East; thence South 89° 29' 40" East,•14.67 -feet; thence leaving new rights of way line 31.42 -feet along a non - tangent curve to the left, said curve having a radius of 20.00 -feet, a central angle of 90° and its tangent bears North 89° 29' 40" West; thence South 0° 30' 20" West, 65.11 - feet to the point of beginning. Containing,_, 0'. 116. acres more or:. less... EXCEPTIONS "EXCEPTING AND RESERVING THEREFROM PURSUANT TO THE PROVISIONS OF Section 8340 of the Street and Highways Code and for the benefit of The Pacific Telephone and Telegraph Company and the Pacific Gas and Electric Company, the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable, wires, poles and other convenient structures, equipment and fixtures for the operation of telegraphic,- telephone lines, other communication facilities, and electrical power and gas service lines including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across that portion of Riverdale Drive or part thereof ". Centerline of 10 -feet Wide Storm Drain Easement to be Retained Beginning at the point where the easterly rights of way line of River- dale Drive intersects the southerly boundary line of Tract 2159 "River- dale" recorded in Book 104 of Maps, Page 48 �anta Clara County Records; thence along the southerly boundary North 75 15' West, 8.25 feet to the true point of beginning of this description; thence along the centerline of 10 -feet wide easement North 0° 30' 20" East, 84.26 -feet to a point of intersection with southerly rights of way line of River- dale Court, said point being the terminus of this description. CITY OF SARATOGA Initial: AGENDA BILL NO . &S' Dept. Hd. DATE: July 9, 1984 (7/18/84) C. Atty. DEPARTMENT:_ Community Development- Engineering C. Mgr. SUBJECT: ABANDONMENT OF A PORTION OF RIVERDALE DRIVE Issue Summary We have been requested by the property owners of 13645 and 136.46 Riverdale Drive (APN 391 -57 -26 and 27) to abandon the portion of Riverdale Drive between Riverdale Ct. and the dead -end at Wildcat Creek. This short piece of roadway between the two above properties has been an attractive nuisance (beer parties, etc.). The requesting parties have had improvement plans prepared and descriptions for properly accommodating such abandonment. The necessary work can be accomplished through the. issuance of an encroachment permit, with the posting of a bond and the payment of fees. Reconunendation Approve passage of the Resolution of Intention setting the Public Hearing for August 15, 1984.. Fiscal Impacts None Exhibits /AttachTmnts 1. Resolution of Intention to Abandon a Portion..of Riverdale Drive with exhibits. 2. Reduced copy of improvement plans. Council Action 7/18: Adopted Resolution 2161,. 5 -0. RESOLUTION NO. RESOLUTION OF INTENTION TO ABANDON A PORTION OF RIVERDALE DRIVE The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Pursuant to Park 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the City of Saratoga hereby declares itsintention to order the vacation. and abandonment of a portion of Riverdale Drive, A portion of that certain street known as Riverdale Drive, located between Riverdale Court and Wildcat Creek in the City of Saratoga, County of Santa Clara, State of California, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2: The 15th day of August, 1984, at the hour of 8:00 o'clock p.m. at the Council Chambers of the City Council, City Hall, Fruitvale Avenue, Saratoga, California is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation and abandonment above set forth. 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 18th day of July, 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR ----f 409 t ;-r�,• �r �F Bench Mark: Elevation 301.25 atop of curb and catch basin northerly corner of Riverdale Court and Riverdale Drive. ' i V -Pa ��roG TyPica/ .Secfio� ,�07, °�.• \� \� I �4 Bench Hark % \�� � / e9' 09 %�B�ucep g�o' 0 LEGEND Existing � Curb and gutter Storm drain Catch basin V III Property line Manhole nraa where improvements to be �O y�r ve removed I h �gsore {o be 6. Am nro,iae to be removed Coarf � / I IIIti AV/ ,ao 0 8 Pa ernenf PLAND AVE. CLEMSON G� ,o MARTHA Al.. L _:: cr t �P r o h r r OLrh� ?'y COY qVE 0 e� . z t o Me COY ^�[1•N j � e h IL SCALE: Soo' 0 't0 . I O cAS• eLnNCA • LAN C ,fro p 0 S ems/ Abondor�.,,�17 An.... .. J 210H OA. r. C ?— Y 2 1 � � o �.. o A,IZE � v m < tl m u h h > Ou x u o y J [ � J < r u o ° 3 r, oOUe u MR TL[. Cr • ti = 0 O Jh u h• u o Y c F WY. ;reNT W — CT. r PhJ < 7 G 6 c O h 0 1 OVITO OAK[ CITY OF SARATOGA O� AGENDA BILL NO. t0 0 Initial: Dept. Hd. DATE: 8/6/84 (8/15/84), C. Atty.� DEPARTMENT: Common; t nPi �pment C. Mgr. SU&TECT: Final Building Site approval SDR 1577, Park Drive, Tim Robinson,.,l lot Issue Summary 1. SDR 1577 is ready for final approval. 2. This is over 50% expansion of building to existing single family house. 3. All requirements of City Department and other agencies have been met. 4. All fees have been paid. Recommendation Adopt resolution No. 1577 -02, approving final building'site'approval. Fiscal Impacts NONE Exhibits /Attachments 1. Resolution 1577 -02 2. Report to Planning Commission dated 3/21/84. 3. Status report for building site approval. 4. Location map. Council Action 8/15: Approved 5 =0. RESOLUTION NO. 1577 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF TIM ROBINSON The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: 0.7031 Acre Parcel shown on Record of Survey recorded in Book M201 of Maps page 48 and submitted to City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the 15th day of. August lg 84 by the following vote: AYES: NOES: ABSENT: ATTEST: ITY CLERK r- c REPORT TO PLANNING COMMISSION `scar + �a CiIV (, d *Revised: 7/25/84 DATE= 7/17/84 Commission Meeting: 7/25/84 SUBJECT- SDR -1577 & A -986 - Tim & Carla Robinson, 15097 Park Drive ---------------------------------------------------------------------------- ACTION REQUIRED: Approval of: 1.) Tentative Building Site for a greater than 50% expansion of a single - family dwelling. 2.) Design Review for a second -story addition to a single story main structure. OTHER APPROVALS RECEIVED /REQUIRED: Final Building Site Approval and Building Permits. PLANNING CLASSIFICATION ZONING: R -1- 20,000 GENERAL PLAN: Residential - Low Density Single Family. Project complies with all applicable General Plan goals and policies. SITE DATA PARCEL SIZE: 30,627 sq. ft.+ NATURAL FEATURES & VEGETATION: Large sycamores and very large pine and oak trees are contained on the site. None of these major trees will be removed. AVERAGE SITE SLOPE: Gentle OTHER ISSUES: Staff has noted that a metal shed near the western property line of the site does not conform to ordinance setback requirements and should be relocated to conform with the ordinance. There is also a latticework fence along the eastern property line to the rear of the structure which is over 6' in height and should be reduced to no higher than 6'. Report to Planning C imission C. 7/17/84 SDR -1577 & A -986 - Robinson, Park Drive Page 2 SDR -1577 PROJECT; STATUS: Said project complies with all objectives of the General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. This project is categorically exempt per Section 15301(e)of the CEQA Guidelines. Said determination date: 7/10/84. The Staff Report recommends approval of the tentative map for SDR -1577 (Exhibit "B -1 filed June 28, 1984) subject to the following conditions: - I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordiance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site Approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for checking and recordation (Pay required checking & recordation fees). (If parcel is shown on existing map of record, submit three ( 3 ) to- scale prints). C. Improve Park and Mendelsohn to City Standards, including the following: D.I.A. 1. Designed Structural Section 13 ft. between centerline and flowline. D.I.A. 2. P.C. Concrete curb and gutter (R -36). D.I.A. Report to Planning C.unission C 7/17/84 SDR -1577 & A -986 - Robinson, Park Drive Page 3 SDR -1577, cont'd. * D. Gor�s�e--- �i°at�- l�arri- rrg -3 -ft :--- ra-i�xs- trr- appr�ve� ec��a�-=- �si�rg-- el�b��-- sea3 -- coat- oi3- �rnd-- -scr�i =nos- - -or 1�6- f-t.--- v�- prvpvsetl- 4we 3: E. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6" aggregate base. F. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the City Engineer. G. Provide adequate sight distance and remove obstructions of view as required at driveway and access road inter- sections. H. Watercourses must be kept free of obstacles which will change, retard or prevent flow. I. Obtain Encroachment Permit from the Dept. of Community Development for driveway approaches or pipe crossings of City Street. J. Enter into "Deferred Improvement Agreement" for the re- quired improvements marked "D.I.A." III. SPECIFIC CONDTTTONS - T)TVT .qTnT\T nF TMC1DP('MT()M QA'AT7TnVC A. Geotechnical investigation and report by licensed professional 1. Foundation B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes,.cross- sections, existing and proposed elevations, earthwork quantities) 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft. or higher. C. Bond required for $400.00 septic tank backfill. IV. SPECIFIC CONDITIONS - COUNTY SANITATION DIST. NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of County Sanitation Dist. No. 4 as outlined in letter dated 7/6/84. Where this letter mentions Hill Avenue, it should read Mendelsohn Lane. Report to Planning Commission 7/17/84 SDR -1577 & A -986 - Robinson, Park Drive Page 4 SDR -1577, cont'd. V. SPECIFIC CONDITIONS - CENTRAL FIRE DISTRICT A. Satisfactory compliance can be accomplished to the applicable codes and ordinances. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the County Sanitation Dist. No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to County Standards. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits, shall be reviewed by the Permit Review the potential for solar accessibility. provide, to the extent feasible, for fi heating or cooling opportunities on /in site. individual structures Division to evaluate The developer shall ature passive or natural the subdivision /building C. Tree removal prohibited unless in accord with applicable City Ordinances. D. The existing metal accessory structure located next to the western property shall be relocated in conformance with ordi nance setback requirements prior to final inspection /occupancy. E. The existing lattice work fence along the western property line shall be reduced to only six (6) feet in height prior to final inspection occupancy. Report to-Planning Commissic. ` 7/17/84 SDR -1577 & A -986, Robinson, Park Drive Page 5 A -986 - DESIGN REVIEW ORDINANCE COMPLIANCE SETBACKS: Front: 78 Ft. Rear: 148 Ft. - Left Side: 15 Ft. Right Side: 15 Ft. - HEIGHT: 25'+ Maximum IMPERVIOUS COVERAGE: 23%+ SIZE OF STRUCTURE (Including Garage): Per Applicant Per Staff First Floor-(Existing) 3,136 sq. ft. 3,136 sq. ft. First Floor (New) 841 sq. ft. 915 sq. ft. Second Floor (New) .948 sq. ft. 948 sq. ft. 4,925 sq. ft. 4,999 sq. ft. COMPLIANCE: The.proposed project complies with ordinance setback, height, and coverage limitations. The structure is 199 sq. ft. larger than the 4,800 sq. ft. allowable floor area permitted in the R -1- 20,000 district. However, the site is over 50% larger than the minimum 20,000 sq. ft. site area required, so the larger structure would not be inappropriate. PROJECT CONSIDERATIONS _ . Impact on Privac_ & Views: The proposed project will not have any adverse impact on views due to its large 78' where 30' is required) front setback, the screening pro- vided by existing vegetation, and the location of the structure on an elevation lower than Park Drive. Only the easternmost rear dormer window could have a potentially adverse privacy impact on the property to the northeast. This window is partially screened by a portion of the structure's roof and some deciduous. trees (sycamore). This partial screening could be supplemented by additional evergreen landscaping. Compatibility: Most of the structures in the vicinity are single story structures but there is a two -story structure on the adjacent property to the west and one across the street about two (2) lots to the east. The second story proposed in this application is low profile and.will not intrude upon the visual quality of the neighborhood because of this and other factors. The proposed structure will probably be larger than most struc- tures in the vicinity, but this is mitigated by the size of the lot and the fact that the proposed.structure will be no wider than the existing structure. FINDINGS 1., Unreasonable Interference with Views or Priva The proposed project will not unreasonably interfere with views due to its large front setback, the screening provided by existing vegetation, and its location on a elevation lower than the street elevation. Only one of the dormer windows could possibly have a privacy impact, but this can be mitigated by the installation of some evergreen trees. -2. Preservation of the Natural Landscape No grading will be required and no major trees will be removed due to the project, so the natural landscape will be preserved. Report to-Planning CommiSSlC \ 7/17/84 SDR -1577 & A -986 - Robinson, Park Drive Page 6 3. Perception of Excessive Bulk There will be no perception of excessive bulk due to the modest height of the structure, the screening provided by existing vegetation, and the large front yard setback. 4. Compatible Bulk & Height The structure will be comparable in height with other two -story structures in the neigh- borhood. The bulk of the existing structure will only be moderately increased and this will be mitigated by factors previously mentioned. The project will not adversely im- pact the light, air, or solar access of adjacent properties. RECOMMENDATION: Staff recommends approval per the Staff Report dated 7/17/84, Exhibits "C and D ", subject to the following conditions: 1. Prior to issuance of building permits, submit the following for staff review and approval: A. Any modifications to the site development plan or elevations. * B • �xts�alri rtg--p 1�rrs strov�iTrg irow' �r -tr*s' wrl'1'' ud'o s u� pTemen ex i s t i ri g -to- -bg -i-�1 lid ns -pr4o - -tom -fa-na4- i+ s-p e crt i"V- ot�et.rpa-rrcy .- Approved: Michael lores Planner MF /dsc P.C. Agenda: 7/25/84 MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1577, Tim Robinson (have) been met as approved by the Planning Commission on 7/25/84 Listed below are the amounts, dates and City receipt numbers for;all required items: Offer of Dedication N. A. Date Submitted Record of Survey or i'a -rise -I- Map-Existing Date Submitted 8/3/84 Storm Drainage Fee N A Date Submitted Receipt # All Required Improvement Bonds N.A. Date Submitted Receipt# All Required Inspection Fees $200:00 Date Submitted g_6 _f4 Receipt# 59 -7g Building Site Approval AgreemeniN.K: Date Signed _ Park and Recreation Fee N. A. Date Submitted-- Receipt# It is, therefore, ( r) (Final) SDR -1577 be granted. the Community Development Department recommendation that Building Site Approval for Tim Robinson , If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance tcobert- 5. Shook Director of Community Development N CITY OF SARATOGA AGENDA BILL NO. 6 2- DATE: 8/6/84 (8/15/84) DEPARTMENT: Community Development -Initial: Dept. Hd. C. Atty. i C. Mgr. SUBJECT: Conditional final building site approval- SDR-1561- Ken Levy Glen Una Drive. -1 lot Issue Summary 1. SDR -1561 is ready for final approval. 2. All bonds and fees have been submitted to the City. 3. All requirements for City Departments and other agencies have been met except Sanitation District #4 and Santa Clara County. Recommendation Adopt resolution 1561 -02, approving conditional building site approval and authorized excution of contract of Improvement Agreement exhibit "B Fiscal Impacts NONE Exhibits /Attachments 1. Resolution No., 1561 -02. 2. Report to Planning Commission. 3. Status report for building site approval. 4. Location Map. Council Action 8/15: Approved 5 -0. 0 RESOLUTION NO. 1561 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Ken Levy The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: 1.749 P_cre Parcel shown on record of Survey prepared by Raymond Fisher and recorded in Book 58 of maps at page 47 and submitted to City engineer, City of Saratoga, be approved as one (1) individual building site The above and foregoing resolution was dully and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the day of. 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1561. (liaIIa) (have not) been met as approved by the Planning Commission on 3 -8 -1984 Listed below are the amounts, dates and City receipt numbers for.,-all required items: Offer of Dedication yes Record of Survey or Papeel--M&p existing Storm Drainage Fee $1100.00 Date Subm All Required Improvement Bonds$6000.00 All Required Inspection Fees $900.00 Building Site Approval Agreementyes- Park and Recreation Fee $1300.00 fitted Date Date Date Date Date Submitted Date Submitted 7 -3 -1984 Receipt Submitted 8 -3 -1984 Submitted 8 -3 -1984 Signed 8 -3 -1984 Submitted 8 -3 -1984 8 -3 -1984 8 -3 -1984 # 5971 Receipt #5971 Receipt #5971 Receipt #5971 It is, therefore, the Community Development Department recommendation that (Conditional) (Final) Building Site Approval for Ken Levy SDR- 1561 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance 1. Provide clearance letter from Sanitation District #4. 2. Provide.clearance letter from County of'-'Santa Clara.. xobeiUlo-5. Shook Director of Community Development 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 ' ° • '+h+ (408) 887 -3438 Cify of Sarafo a MEMORANDUM Vi'''i * *Revised: 3/28/84 To: Planning Commissio�i'�''''''� - - - -. DATE. 3/21/84 FROM: Director of Community Development SUBJECT: SDR -1561 - Levy, Glen Una Drive At your March 14th meeting, you approved SDR -1561 with direction to defer the City Standard Street Improvements. You also asked staff to review the site again to determine if any interim improvements would be appropriate. I would recommend the following: ** 1. Widen pavement to provide two (2), 9 ft. lanes. ** 2. One inch overlay of entire street fronting property minimum 18' width) followed by one application of oil and -screens to Tend with existing: 3. City Standard asphalt curb along frontage. 4. Engineering plans, fees and bonds for these improvements. Because of the alignment of the existing pavement, the recommended widening will not create any "notch- like" increase but will taper very slightly and be unnoticed. R rt S. Shook Director of Community Development RSS /dsc Attachment s x s; �Et F�F V t ¢aF Qq REPORT TO PLANNING COMMISSION ., SUBJECT SDR -1561 & A -940 - Ken and Gloria Levy 19800 Glen Una Drive *Revised: 3/14/84 DATE: 3/8/84 Commission Meeting: 3/14/84 ACTION REQUIRED: Grant Tentative Building Site Approval and Design Review Approval for a single family dwelling, a cabana and a two -story garage which, in combination, exceed 6,200 sq. ft. OTHER APPROVALS RECEIVED /REQUIRED: Final Building Site Approval, demolition and building permits. Use Permit required for cabana in the rear yard. PLANNING CLASSIFICATION: ZONING: HC -RD GENERAL PLAN: Residential - Hillside Conservation Single Family SITE DATA: PARCEL SIZE: 1.82 Ac. (Net) NATURAL FEATURES & VEGETATION: Oaks, pepper trees, birch, madrone, maple, walnut and other trees and vegetation are scattered throughout the site. Trees to be removed: 3 oaks - 16 ", 10" and 8" in diameter; 1 willow - 30" in diameter; 4 eucalyptus - 26 ", 24 ", 13" & 10" in diameter; 1 pepper - 18" in diameter. AVERAGE SITE SLOPE: 4%+ SLOPE AT BUILDING SITE: 4%+ GRADING REQUIRED: Cut: 50 Cu. Yds. Fill: 50 Cu. Yds. Cut Depth: 2 Ft. Fill Depth: 2 Ft. SDR -1561 - TENTATIVE BUILDING SITE APPROVAL PROJECT STATUS: Said project complies with all objectives of the General Plan and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. . Report to Planning Commission 3/8/84 SDR -1561 & A -940 - Ken & Gloria Levy, Glen Una Dr. Page 2 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: 3/8/84 The Staff Report recommends approval of the tentative map for SDR -1561 (Exhibit "B" filed 1/27/84) 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 requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for checking and recordation (Pay required checking 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 Glen Una (along north side of property) D. Submit "Irrevocable Offer of Dedication" to provide easements as required. * E. Improve Glen Una Dr. to City Standards, including the following: (D.I.A.) 1) Designed structural section 13 ft. between centerline and flowline. 2) 1" A.C. overlay on existing pavement beyond centerline. 3) Asphalt Concrete Berm 4) Undergrounding Existing Overhead Utilities * F. Construct Storm Drainage System as shown on the "Master Drainage Plan" and.as directed by the City Engineer, as needed to convey storm runoff to street, storm sewer or watercourse, including the following: (D.I.A.) 1) Storm Sewer Trunks with necessary manholes 2) Storm Sewer Laterals with necessary manholes 3) Storm Drain Inlets, Outlets, Channels, etc. G. Construct standard driveway approach. Report to Planning Commission 3/8/84 SDR -1561 & A -940 - Ken & Gloria Levy, Glen Una Dr. Page 3 H. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the City Engineer. 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. Protective planting required on roadside cuts and fills. * L. Engineered improvement plans required for: (D.I.A.) 1) Street Improvements 2) Storm Drain Construction * M. Pay Plan check and Inspection fees as determined from Improvement Plans. (D.I.A.) * N. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. (D.I.A.) * 0. Post bond to guarantee completion of the required improvements. (D.I.A.) P. Comply with Santa Clara County conditions relative to Glen Una Drive along westerly boundary, per letter dated. March 16, 1984. III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional. 1) Soils 2) Foundation B. Plans to be reviewed by geotechnical consultant prior to building permit being issued. C. Detailed on -site improvements plans showing: 1) Drainage details (conduit type, slope, outfall, location, etc.) 2) All existing structures, with notes as to remain or be removed. D. Bonds required for: 1) Septic tank backfill 2) Removal of existing structures IV. SPECIFIC CONDITIONS - COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of County Sanitation District No. 4 as outlined in letter dated 2/17/84. Report to Planning Commission 3/8/84 SDR -1561 & A -940 - Ken & Gloria Levy, Glen Una Dr. Page 4 V. SPECIFIC CONDITIONS - CENTRAL FIRE DISTRICT A. Property is located in a hazardous fire area. Prior to issuance of building permit, remove combustive vegetation as specified. Fire retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ordinance 38.58 and Uniform Fire Code, Appendix E). B. Driveway shall have a minimum inside curve radius of 42 ft. C. Gates or other - obstructions shall not be placed across access roadways unless the design is approved by the Chief. Application for an installation of gates or obstructions shall be made in writing and accompanied by plans and speci- fications detailing installation. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. A sanitary sewer connection will be required - Sanitation Dist. No. 4. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to County Standards. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Any modifications to the Site Development Plan shall be subject to staff review and approval. C. Prior to issuance of building permits, individual structures shall be re- viewed by the Permit Review Division to' evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities 'on /in the sub- division /building site. IX. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. CITY OF SAR UC GA Initial: / AGENDA BILL NO 683 Dept. Hd. �t- DATE: August 8, 1984 C. At DEPARTMENT:. City Manager C. Mgr. a I DID DIFT.H.MVP DOI � Issue Surnary Under State and local laws, the County and the cities routinely abate seasonal fire hazard of weed growth on undeveloped property. For the County and nine of the cities, including Saratoga, this weed abatement program is administered by the.County Building Official. In many cases, property owners find it more convenient to have ;government take care of weed removal and to pay through the procedure of a property tax lien. This past year, the County Building Official had weed abatement performed on 97 parcels in Saratoga at a total cost of $23,079.38. Tax liens and assessments upon the owners of these 97 parcels range from a high of $1525.42 to a low of $16.71. The average assessment is $237.93. In order to recover this cost, it is necessary for the City Council to adopt a resolution. confirming the assessments and directing the County Auditor.to enter and collect the assessments on the property tax bill. Reccimmendation 1. Conduct public hearing to consider any protests. 2. Close public hearing and adopt resolution. Fiscal Impacts None upon City if the assessments are levied. City may be liable for work performed by contractor for any assessments not levied. Exhibits /Attachments 1. Resolution for adoption with attached list of 1984 assessments. Council Action 8/15: Adopted Resoltuion2173 overruling protests 5 -0. RESOLUTION NO. RESOLUTION.OF THE CITY .COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES WHEREAS, at a regular meeting held on August 15, 1984, -the Building Official of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the.parcels against which s-,id expenses including applicable administrative and collection costs to be assessed, all pursuant to Article II, Chapter. 6 of the Saratoga City Code, and WHEREAS, the City Council; having heard said report and all objections thereto, and the Council; finding that no modifications need be made to any of said assessments; NOW, THEREFORE, BE IT RESOLVED THAT the 1984 Weed Abatement Assessments Report, City of Saratoga, prepared by the Building Official of Santa Clara County, which report is attached hereto as Exhibit "A" and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit "A" is declared to have a lien against it in the amount set.opposite said parcel number in the last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general Municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was duly and regularly introduced and passed at a regular meeting of the City Council of the City of Saratoga held on the 15th day of August, 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk Mayor CITY SARATOGA 1984 WEED ABATEMENT ASSESSMENTS APN 366 -12 -030 366 -12 -031 366 -12 -068 366 -13 -007 366 -20 -032 366 -22 -022 366 -43 -019 386 -14 -003 386 -14 -027 386 -23 -039 386 -47 -035 391 -02 -032 391 -03 -277 391 -03 -282 391 -06 -143 391 -06 -144 391 -14 -022 391 -17 -015 391 -21 -016 391 -55 -016 391 -55 -017 391 -62 -001 391 -62 -003 -1- E AMOUNT 171.20 1002.37 1314.22 179.22 339.32 280.36 257.13 47.45 171.60 199.36 215.17 212.63 123.75 493.48 37.42 46.77 225.86 106.42 179.53 170.26 128.58 39.43 39.43 P.I. CODE 845 APN 391 -62 -016 391 -62 -017 397 -01 -012 397 -01 -019 397 -01 -052 397 -01 -053 397 -01 -054 397 -01 -055 397 -01 -064 397 -03 -062 397 -03 -063 397 -03 -080 397 -03 -081 397 -03 -082 397 -03 -083 397 -03 -084 397 -04 -023 397 -04 -082 397 -04 -083 397 -05 -068 397 -06 -022 397 -07 -086 397 -07 -092 397 -07 -094 397 -07 -095 -2- AMOUNT 16.71 62.00 179.85 200.04 171.51 54.58 163.49 143.63 291.72 101.64 85.33 138.25 138.25 138.25 138.25 138.25 72.84 30.47 206.58 239.20 566.65 253.04 282.18 204.35 226.80 w 397 -07 -096 397 -13 -053 397 -13 -056 397 -16 -117 397 -24 -022 397 -25 -064 397 -25 -097 403 -23 -026 503 -09 -005 503 -09 -007 503 -14 -032 503 -15 -027 503 -15 -031 503 -17 -008 503 -17 -026 503 -19 -067 503 -24 -042 503 -25 -012 503 -27 -081 503 -28 -117 503 -28 -118 503 -28 -119 503 -28 -120 503 -28 -121 503 -28 -122 -3- AMOUNT $ 211.71 29.00 173.34 406.97 179.22 183.77 135.92 177.37 141.90 141.90 156.73 603.07 81.19 286.11 319.27 232.03 100.25 167.06 187.47 132.00 141.90 161.70 387.09 201.96 184.80 APN AMOUNT 503 -28 -123 $ 141.90 503 -28 -124 262.99 503 -29 -012 370.26 503 -29 -078 201.96 503 -30 -002 132.00 503 -30 -010 184.80 503 -30 -040 385.42 503 -31 -002 248.32 503 -51 -003 425.70 503 -31 -052 1525.42 503 -53 -061 74.84 503 -55 -053 231.11 503 -55 -063 154.06 503 -62 -014 835.92 503 -62 -015 572.22 503 -62 -016 313.81 503 -62 -019 141.90 503 -62 -020 141.90 503 -72 -006 132.00 510 -52 -005 248.72 517 -12 -032 740.93 517 -22 -037 83.53 517 -22 -101 27.67 517 -22 -103 153.45 -4- C AC_�_-,D:\ BILL m. DATE: August 15, 1984 DEEP`'.r"r, IE�IT: C t M a n a q e r CITY OI' SAR1Y= S=1�Cr. Approval of Agreement with Volunteer Center Initial: Dept. Hd. C %e- C. At C. Mgr. - - --- - ----------------------------------- ------ --- ------------- ------- -- Issue Summary The City Council has allocated Revenue Sharing funds for the 84/85 fiscal year to continue the volunteer program through an agreement with the Volunteer Center of Santa Clara County. A renewal agreement is attached as the current agreement will expire August 31, 1984. The renewal agreement is in the amount of $13,000 which includes an additional $1,500 to cover employee benefits which were mis- calculated at the time the $11,500 proposal was submitted. Since its inception in September, 1982, the Volunteer Saratoga Program has grown to currently utilizing 31 volunteers in 10 different programs in the City. For the first five months of 1984, volunteers worked an average of 587 hours a month. Reccmnendati on Approve attached renewal agreement between the City of Saratoga and the Volunteer Center of Santa Clara County; authorize Mayor to execute agreement on behalf of City. Fiscal Impacts Agreement provides for $13,000 payment by the City to the Volunteer Center of Santa Clara County.' Appropriation has been made in the 1984 -85 budget for $11,500. The Center is requesting an additional $1,500 because of an error in their calculations. 7: hibits /Attac.1-= nts " I. Renewal agreement between the City of Saratoga and Volunteer Center of Santa Clara County. Council Action 8/15: Approved agreement 4 -0 and resolution 2151.7 5 -0. AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE VOLUNTEER CENTER OF SANTA CLARA COUNTY This agreement made and entered into this day of , 198__, by and between the City of Saratoga, a Municipal Corporation, hereinafter referred to as. "City", and the Volunteer Center of Santa Clara County, a non profit corporation, hereinafter referred to as "Volunteer Center ", for supplying the services and operation of an office to be located in the Saratoga Community Center, hereinafter referred to as "Center ". A. City of Saratoga shall: 1. Provide office space free of charge affording space and J privacy for interviews and general conduct of business. 2. Provide office furnishings as needed for normal office operation. 3. Provide telephone service and bear the cost of monthly service, subject to submittal of telephone log by Volunteer Center. 4. Provide normal maintenance and security for provided office space. 5. Bear the cost of monthly utility service. 6. Support and cooperate in the utilization of volunteers, and will allow City staff training as required to develop understanding of operation of volunteer program, subject to approval of City Manager. 7 . Provide the full amount of payment to Volunteer Center for services specified in this agreement in the sum of thirteen thousand dollars ($13,000) upon ratification and adoption of this agreement. B. The Volunteer Center of Santa Clara County shall: 1. Designate a one -half time Volunteer Center staff person to serve in the capacity of Volunteer Coordinator for the City of Saratoga, and serve in the capacity of liaison to the City. 2. Not present itself in any dealings as an agent of the J City. 3. Assist in training City staff and volunteers by providing informal training and workshops as desired. Volunteer Center will keep City staff and volunteers informed of formal training available within the Community College system. 4. Be available to City staff and City Council for assistance and consultation in utilizing volunteers. 5. Develop statistical information and reporting procedures as requested by the City, to make possible a comprehensive evaluation of the Volunteer Program in Saratoga. Quarterly reports will be made to Council by the Volunteer Center. 2 6. Develop a close relationship with public sector and private business sector to make them aware of Volunteer Program in the City of Saratoga. 7. Assist City staff in developing volunteer job descriptions. 8. Be responsible for the recruitment of volunteers. 9. File with the City Clerk and maintain in full force and effect at its own cost and expense the following policies of insurance: (1) General Comprehensive Liability Insurance in the amount of $1,000,000.00, together with Bodily Injury Liability Insurance in an amount not less than $1,000,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount of not less than $1,000,000.00 on account of any one occurrence, and Property Damage Liability Insurance in an amount of not less than $100,000.00 resulting from any one occurrence. Each of the foregoing policies and certificates shall name the City, its officers, boards, commissions, agents, and employees as additional names insureds, and shall contain a provision that a written notice of cancellation or reduction in overage of each such policies shall be delivered to 3 the City no less than thirty (30) days in advance of the effective date thereof. Each such policy shall include reasonable attorney fees and court costs in the losses and damages insured against. 10. Indemnify, hold harmless, and defend in court, at their own cost and expense', the City, its officers, employees and agents, from all liability from loss, damage, injury, cost or expense to persons or property in any manner arising out of the performance of this agreement. This provision does not cover the actions of persons referred by the Volunteer Center who perform their volunteer duties under the supervision of the City, its officers, employees or agents. 11. Comply with all regulations and requirements set forth for recipients of Federal Revenue Sharing monies. The City has provided a copy of these regulations for Federal Revenue Sharing to Grantee. Both parties (Volunteer Center and City of Saratoga) agree to the following: 1. Either party may terminate this agreement with a sixty (60) day notice-to the other party. In the event of termination prior to the end of agreement term, the Volunteer Center shall return to the City a pro -rata share of $13,000 based upon the number of months of service provided under this agreement. 4 2. Neither party will assign its rights or obligations without the prior written consent of the other party. 3. Provision for attorneys fees to be paid to the prevailing party in the event of court proceedings related to performance of this agreement. 4. This agreement constitutes the entire agreement between the parties. No prior oral or written agreements between the parties have any effect on this agreement. 5. The term of this agreement shall be from September 1, 1984, to August 31, 1985. In Witness Whereof, the parties hereto have executed this Agreement the day and year first written Above. Sri City of Saratoga, A Municipal Corporation Mayor Volunteer Center of Santa Santa Clara County By President, Board of Directors 5 CITY OF SARATC GA AGENDA BILL NO. i AGREEMENT FOR ARCHITECTURAL SERVICES AGREEMENT, Made this day of , 1984, by and between THE CITY OF SARATOGA, a municipal corporation ( "City ") and VIOLS STAMNESS ( "Architect "). WHEREAS, City desires to modify certain public facilities in order to provide greater accessibility to the handicapped; and WHEREAS, some of the proposed modifications require architectural drawings; and WHEREAS, City has agreed to retain the services of Architect in order to provide such drawings, on the terms and conditions and for the compensation hereinafter set forth. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Architect shall prepare drawings for the following handicapped accessibility improvements to City's buildings (hereinafter collectively referred to as "the Project "): (a) Modifications to restrooms in City Hall located within the offices of the Department of Community Development. (b) Installation of new security door in City Hall. (c) Modification to men's restroom in Civic Theater. (d) Construction of wheelchair access ramp with railings at the front of Civic Theater. 2. The Project shall be designed to comply with State laws pertaining to handicapped accessibility to the extent as determined reasonably possible by City's Housing and Community Development coordinator. 3. Architect shall commence her services hereunder upon execution of this Agreement and shall complete all design work within 30 days thereafter. -1- 4. As payment for all services to be rendered hereunder, Architect shall be compensated at the rate of $40.00 per hour up to a maximum payment of $2,000.00. Payment shall be made within 15 days after completion of all drawings for the Project and acceptance thereof by City. 5. Architect shall not assign this Contract without prior written consent of City. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. -2- CITY OF SARATOGA, a municipal corporation 10 VIOLE STAMNESS CITY OF SARATOGA �` Initial: AGENDA BILL NO. l(l 8� Dept. Hd. DATE: Auqust 13, 1984 C. Atty. DEPARTMENT: City Attorney C. Mgr. -----------------------------=--------------------------------------------------------- Traffic Impact Fee on new develonnent within the SUE'= NHR Zoning District Issue Summary The circulation element in the- Specific Plan for the Northwestern Fillsicges provides for the construction of a public road connectina Parker Ranch '_load with Mt. Eden. A nolicv decision was made by the Citv Council sometime a.cTo to finance the cost of this road, together with other ipmrovements in the MTR Zoning District, throucrh the imposition of a develorxrent impact fee to be paid at the ti.a bu ldina permit was issued. The Council thereafter retaine me d. the services of Jenninas- McDermott - Feiss, Inc., to nerforPm a circulation impact study, which was f.inall -v comnleted in July of this year.. The proposed ordinance is based anon this stucgv alona with Prior cost estimates furnished to the City by Pill Neiss. '_rhe orc9:inance establishes a Traffic Impact Fee in the amount of.$5,000 for each new residential dwelling unit Constructed Within the n--TR Zoninq District. Recommendation Adontion of ordinance. This ordinance is declares' to be an urgencv ordinance anc? therefore will. beccgre effective i?r?ecaiate_ly upon int ocauction. Fiscal Impacts The ordinance is intended to raise the .funds remAred for construction of the S[a D?E Road as described in the circulation irloact study nrenareO by Bill Heiss tocrether with the reconstruction or renlacEn"ent of the north Bridge on Pierce Road and the resurfacinct and. repair of Pierce Road. Exhibits /Attachments Pronosed. ordinance. Council Action 8/15: Introduced 5 -0. ..J ORDINANCE NO. AN uEN.0 )ORDINANCE OF THE CITY OF SARATOGA ESTAB LSHING A TRAFFIC IMPACT FEE TO FINANCE TRAFFIC CIRCULATION IMPROVEMENTS IN THE NHR ZONING DISTRICT The City Council of the City of Saratoga finds and determines as follows: A. At a special election ordered consolidated with the general election held on April 8, 1980, the voters . of the City of Saratoga adopted an initiative ordinance commonly known as Measure "A" entitled "An Initiative Ordinance Directing Preparation of a Specific Plan for Preservation ..of the Rural Character of the Northwest Hillsides of the City of Saratoga -and Imposing a Moratorium on Development Pending Completion of said Plan." B. Pursuant to the requirements of Measure "A" and the .provisions of the California Government Code, Sections 65500 et seq., on June 2, 1981, the City Council adopted the "Specific Plan for the Northwest Hillsides of the City of Saratoga" ( "Specific Plan "). C. The area covered by Measure "A" and the Specific Plan is designated in the City's zoning ordinance as the "NHR District." D. At the present time, there is only one public road through the NHR District, being Pierce Road, which is inadequate in term of size, design and physical condition to handle the traffic circulation needs created by anticipated future development of single family homes within the NHR District. In addition, Pierce Road has, in the past, been subjected to damage or destruction as a result of landslides or other geologic hazards. E. The continued reliance upon Pierce Road as the only means of access through the NHR District presents a direct threat to the public health, safety and welfare. Emergency response vehicles cannot effectively service the area. Since most of the NHR District is located within a hazardous fire zone, an alternative access is particularly necessary to reduce the response times of the Saratoga and Central Fire Districts, including service to be provided by the proposed Seven Springs Fire Station to be constructed adjacent to the NHR District. F. The circulation element of the Specific Plan expressly requires the construction of a public road through the NHR District, running in a southwesterly and northeasterly direction between Mt. Eden and Parker Ranch Road ( "SW -NE, Road "). According to the traffic studies attached as Appendix 4 to the Specific Plan, the SW- NE Road would significantly relieve the traffic burden on Pierce Road. The Specific Plan also provided for various improvements to Pierce Road, including repaving and reconstruction of bridges. G. Pursuant to policies and action programs set forth in the Specific Plan, the City Council retained the services of Jennings - McDermott- Heiss, Inc., ( "JMH, Inc. ") to prepare the initial plans, specifications, cost estimates and financing -1- alternatives for the traffic circulation improvements in the NHR District. In July, 1984, JMH, Inc., submitted to the City a Northwestern Hillside Circulation Impact Study ( "Impact Study "), which is incorporated herein by reference. The following estimates were included as part of the Impact Study: (1) Construction cost for SW -NE Road. (2) Development potential of all unimproved land within the NHR District (i.e., maximum permitted number of new dwelling units). (3) Calculation of Traffic Impact Fee, based upon each new dwelling unit bearing an equal share of the total cost of the traffic circulation improvements. H. JMH, Inc., has also furnished to the City preliminary plans, specifications and cost estimates prepared by Riley Associates, Civil Engineers, for reconstruction of the bridge on Pierce Road at Chalet Clotilde Drive ( "North Bridge "). I. The construction of SW -NE Road, reconstruction of the North Bridge and improvements to Pierce Road will directly benefit all of the future residents in the NHR District. Such improvements are required to meet the traffic circulation needs created by new development in the area. The occupants of each new dwelling unit within the NHR District will derive the same benefit from the traffic circulation improvements and it is therefore equitable to allocate the cost of the improvements on an equal basis. J. The City of Saratoga has customarily required developers to contribute toward the cost of public improvements necessitated by the direct or cumulative impact of each development. The establishment of a Traffic Impact Fee to finance the construction of traffic circulation improvements in the NHR District is consistent with the Saratoga General Plan, the Specific Plan and the established practices of the City. The preservation of public health and safety requires passage of this ordinanan urgency measure pursuant to Sections 36934 and 36937 of the GCod e, based upon the following facts: (1) Development activity in the NHR District has substantially increased as a result of improvement in the economy. (2) The City of Saratoga generally will not issue grading permits from.September until the end of the rainy season in March or April of the following year. Consequently, numerous applications for building and grading permits have been submitted by developers seeking to begin construction prior to the September cut -off date. (3) The amount of the Traffic Impact Fee has been calculated on the basis of the maximum number of new dwelling units which can be constructed upon all unimproved land within the NHR District at the present time. Since the fee will be charged only upon issuance of a building permit, the total amount collected will be substantially reduced if numerous permits are issued -2- prior to the effective date of this ordinance. Unless the ordinance is given immediate effect, many developers will avoid payment of the fee and City will not receive sufficient funds to construct the proposed traffic circulation problems. NOW, THEREFORE, the City Council of the City of Saratoga does ordain as follows: Section 1. Imposition and Payment of Traffic Impact Fee. A Traffic Impact Fee in the amount of Five Thousand Dollars ($5,000.00) is imposed upon each new residential dwelling unit to be constructed in the NHR Zoning District. The fee shall be paid in full at the time a building permit is issued for construction of the dwelling unit. Except pursuant to a building permit issued prior to the effective date of this Ordinance, no person may begin construction of any new dwelling unit withn the NHR Zoning District unless the Traffic Impact Fee has been paid. Section 2. Exemptions. Q The Traffic Impact Fee shall not apply to any he f owing: (a) Reconstruction, remodeling, expansion, rehabilitation or F1 replacement of an existing dwelling unit. (b) Construction of accessory structures, as defined in Section 1.5 zz of the Saratoga Zoning Ordinance. (c) Second units for which a use permit is issued pursuant to Article 16A of the Saratoga Zoning Ordinance. Section 3. Creation of Fund and Use of Proceeds. All fees collected under this ordinance shall be deposited into a special fund entitled "Northwest Hillside Traffic Cirulation Fund." The fund, including any interest earned thereon, shall be used exclusively to offset the direct and incidental cost of the o lain g— tr _sffic—circulafion— i- mprwements within the NHR Zoning- Dis_triet: --/'\� (a) Construction of the SW -NE Road connecting Parker Ranch Road and Mt. h�. (b) Reconstruction or replacement of the bridge on Pierce Road at Chalet Clotilde Drive. (c) Resurfacing or repair of Pierce Road located within the NHR Zoning District. Section 4. Annual Adjustment of Fee. The Traffic Impact Fee set forth in Section 1 shall be increased as of July 1st each year by the percentage of any increase in the Cal Trans Highway Index above the level of such Index on my 1 I"" Section 5. Refunds. The Traffic Impact Fee shall be refunded on application of the fee payer if it is shown to the satisfaction of the City Manager that the building permit for which the fee has been collected has been cancelled or surrendered without construction of any improvements thereunder. Section 6. Operative Date. The Traffic Impact Fee is applicable to all building permits for construction of dwelling units within the NHR Zoning District issued on or after the effective date of this ordinance. Section 7. Effective Date. Pursuant to Government Code ection 36934, this m ordinance shall be passed immediately and become effective on the date of its introduction. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of August, 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK -4- MAYOR AGENDA BILL NO DATE: August 13, 1984 DEPARTMENT: City Attorney CITY OF SARATOGA Initial: Dept. Hd. C. Atty. 9z C. Mgr. 4ze-- ---------------------------------------------------------------------- Traf.fic Imnact Fee on new develonrlent within the SUBJECT: NHR Zoning District ------------------=--------------------------------------------- - - - - -- Issue Summary The circulation element in the Specific Plan for the.Northwestern F'illsides provides for the construction of a public road? connecting Parker Ranch '�oarl with Mt. Eden. A nolicv decision was made by the Citv Colmcil sometime a.coo to finance the cost of this road?, together with other improvements in the NPR Zoning District, through the imposition of a develorxrent impact fee to be paid? at the time a builelina nezmit was issued'. The Council thereafter retained.the services of Jennings - McDermott- Feiss, Inc., to nerform a circulation impact study, which was finall -,7 comnleted' in Juty of this vear.. The proposed orOinance is based upon this studav alona with prior cost estimates furnished to the Citv by Pill Feiss. 11he ordinance establishes a Traffic Impact Fee in the amount of $5,000 for each new resid?ential dwelling unit constructed within the DTF'R Zoning District. Recommendation Adoption of ordinance. This ordinance is declared to be an uraencv ordinance and? therefore will become effective immediately anon introduction. Fiscal Impacts The ordinance is intended to raise the funds recnairedl for construction o-F the SW-DTE Road as describes'., in the circulation irinact studv nr_enareO by Bill Heiss tocether with the reconstruction or re -olacement of the North Bridge on Pierce Road and the resurfacing anrl. repair of Pierce Road. Exhibits /Attachments Proposed. ordinance. Council Action 8/15: Read and introduced ordinance 5-0. 9/5: Read and adopted 4 -0. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA ESTABLISHING A TRAFFIC IMPACT FEE TO FINANCE TRAFFIC CIRCULATION IMPROVEMENTS IN THE NHR ZONING DISTRICT The City Council of the City of Saratoga finds and determines as follows: A. At a special election ordered consolidated with the general election held on April 8, 1980, the voters of the City of Saratoga adopted an initiative ordinance commonly known as IVleasure "A" entitled "An Initiative Ordinance Directing Preparation of a Specific Plan for Preservation of the Rural Character of the Northwest Hillsides of the City of Saratoga ' and Imposing a Moratorium on Development Pending Completion of said Plan." B. Pursuant to the requirements of Measure "A" and the provisions of the California Government Code, Sections 65500 et seq., on June 2, 1981, the City Council adopted the "Specific Plan for the Northwest Hillsides of the City of Saratoga" ( "Specific Plan "). C. The area covered by Measure "A" and the Specific Plan is designated in the City's zoning ordinance as the "NHR District." D. At the present time, there is only one public road through the NHR District, being Pierce Road, which is inadequate in term of size, design and physical condition to handle the traffic circulation needs created by anticipated future development of single family homes within the NHR District. In addition, Pierce Road has, in the past, been subjected to damage or destruction as a result of landslides or other geologic hazards. E. The continued reliance upon Pierce Road as the only means of access through the NHR District presents a direct threat to the public health, safety and welfare. Emergency response vehicles cannot effectively service the area. Since most of the NHR District is located within a hazardous fire zone, an alternative access is particularly necessary to reduce the response times of the Saratoga and Central Fire Districts, including service to be provided by the proposed Seven Springs Fire Station to be constructed adjacent to the NHR District. F. The circulation element of the Specific Plan expressly requires the construction of a public road through the NHR District, running in a southwesterly and northeasterly direction between Mt. Eden and Parker Ranch Road ( "SW -NE, Road "). According to the traffic studies attached as Appendix 4 to the Specific Plan, the SW- NE Road would significantly relieve the traffic burden on Pierce Road. The Specific Plan also provided for various improvements to Pierce Road, including repaving and reconstruction of bridges. G. Pursuant to policies and action programs set forth in the Specific Plan, the City Council retained the services of Jennings- McDermott - Heiss, Inc., ( "JMH, Inc. ") to prepare the initial plans, specifications, cost estimates and financing -1- alternatives for the traffic circulation improvements in the NHR District. In July, 1984, JMH, Inc., submitted to the City a Northwestern Hillside Circulation Impact Study ( "Impact Study "), which is incorporated herein by reference. The following estimates were included as part of the Impact Study: (1) Construction cost for SW -NE Road. (2) Development potential of all unimproved land within the NHR District (i.e., maximum permitted number of new dwelling units). (3) Calculation of Traffic Impact Fee, based upon each new dwelling unit bearing an equal share of the total cost of the traffic circulation improvements. H. JMH, Inc., has also furnished to the City preliminary plans, specifications and cost estimates prepared by Rildy Associates, Civil Engineers, for reconstruction of the bridge on Pierce Road at Chalet Clotilde Drive ( "North Bridge "). I. The construction of SW -NE Road, reconstruction of the North Bridge and improvements to Pierce Road will directly benefit all of the future residents in the NHR District. Such improvements are required to meet the traffic circulation needs created by new development in the area. The occupants of each new dwelling unit within the NHR District will derive the same benefit from the traffic circulation improvements and it is therefore equitable to allocate the cost of the improvements on an equal basis. J. The City of Saratoga has customarily required developers to contribute toward the cost of public improvements necessitated by the direct or cumulative impact of each development. The establishment of a Traffic Impact Fee to finance the construction of traffic circulation improvements in the NHR District is consistent with the Saratoga General Plan, the Specific Plan and the established practices of the City. NOW, THEREFORE, the City Council of the City of Saratoga does ordain as follows: Section 1. Imposition and Payment of Traffic Impact Fee. A Traffic Impact Fee in the amount of Five Thousand Dollars ($5,000.00) is imposed upon each new residential dwelling unit to be constructed in the NHR Zoning District. The fee shall be paid in full at the time a building permit is issued for construction of the dwelling unit. Except pursuant to a building permit issued prior to the effective date of this Ordinance, no person may begin construction of any new dwelling unit withn the NHR Zoning District unless the Traffic Impact Fee has been paid. Section 2. Exemptions. The Traffic Impact Fee shall not apply to any of the following: (a) Reconstruction, remodeling, expansion, rehabilitation or replacement of an existing dwelling unit. -2- J Section 3. (b) Construction of accessory structures, as defined in Section 1.5 zz of the Saratoga Zoning Ordinance. (c) Second units for which a use permit is issued pursuant to Article 16A of the Saratoga Zoning Ordinance. Creation of Fund and Use of Proceeds. All fees collected under this ordinance shall be deposited into a special fund entitled "Northwest Hillside Traffic Cirulation Fund." The fund, including any interest earned thereon, shall be used exclusively to offset the direct and incidental construction cost of the SW -NE Road connecting Parker Ranch Road and Mt. Eden. Upon completion of the SW -NE Road, any remaining funds may be used for reconstruction or replacement of the bridge on Pierce Road at Chalet Clotilde Drive, and the resurfacing or repair of Pierce Road located within the NHR Zoning District. Section 4. Annual Adjustment of Fee. The Traffic Impact Fee set forth in Section 1 shall be increased as of April 1st each year by the percentage of any increase in the Cal Trans Highway Index above the level of such Index on April 1, 1984. Section 5. Refunds. The Traffic Impact Fee shall be refunded on application of the fee payer if it is shown to the satisfaction of the City Manager that the building permit for which the fee has been collected has been cancelled or surrendered without construction of any improvements thereunder. Section 6. Operative Date. The Traffic Impact Fee is applicable to all building permits for construction of dwelling units within the NHR Zoning District issued on or after the effective date of this ordinance. Section 7. Partial Invalidity. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days from the date of its final passage and adoption. * * * * * * * * ** Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5th day of September, 1984, by the following vote: -3- AYES: NOES: ABSENT: ATTEST: CITY CLERK -4- MAYOR