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HomeMy WebLinkAbout09-05-1984 CITY COUNCIL STAFF REPORTS" a`r CITY OF SARATOGA AGENDA BILL NO. 6 F7 DATE: 8 -21 -84 ('9 -5 =84) DEPARTMENT: Community Development SUBJEC T: Acceptance of Manor Drive Dedication Offer Initial: Dept. Hd. C. Atty. C. Mgr. Issue Summary In 1967 John Lyngso et al made an "Offer of Dedication for Street Purposes" for that portion of Manor Drive fronting Lyngso Garden Center. While the im- provements were constructed the offer of dedication was apparently never accepted. Reconvendation Adopt Resolution accepting Dedication of right of:way. Fiscal Impacts NONE Exhibits /Attachments 1. Resolution 2. Description and sketch Council Action 9/5: Approved 5 -0.. r i RESOLUTION NO. RESOLUTION ACCEPTING DEDICATION OF RIGHT -OF -WAY The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Reference is hereby made to the following Offer of Dedication to the City of Saratoga covering right -of -way over a portion of Manor Drive.. a) That certain offer executed by John H. Lyngso and Edward D. Vallerga recorded in Book 7816 at page 8, Official Records of Santa Clara County. SECTION 2: The aforesaid Offer of Dedication•is hereby accepted by the City of Saratoga and the above portion of said street covered thereby and here- ` by declared to be a public street of the City of Saratoga. The above and foregoing resolution was passed and adopted at regular meeting of the City Council of the City of Saratoga held on the day of , 198 , by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor CITY OF SARATOGA al AGENDA BILL NO. (� 8 DATE: 8/20/84 (9/5/84) DEPARTMENT:CMMmity Development Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: Final Building Site Approval SDR -1564, Pero Glumac Quito Road, (1 lot) --------------------------------------------------------------------------------- - - - - -- Issue Summary 1. SDR -1564 is ready for final building site approval. 2. All bonds and fees have been paid. 3. All requirments for City Department and other agencies have been met. Recommendation Adopt resolution No., 1564 -02, approving final building site approval and authorized execution of building site approval agreement. Fiscal Impacts w Exhibits /Attachments 1. Resolution No. 1564 -02 2. Report to Planning Commission 3. Status report for building site approval 4. Location Map. Council Action 9/5: Approved 5 -0. RESOLUTION NO. 1564 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Pero Glumac The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: 1.32 Acre Parcel shown on record of survey prepared by Everett N. Montague and recorded in Book 86 of Maps at page 28 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 day of. 19 by the following vote: AYES: NOES: ABSENT: ATTEST: ITY CLERK MAYOR ?4 NO "Tri" i III :;�'' ; I ;;;; I IGM- REPORT TO PLANNING COMMISSION City of EarotQF2 D ": I I -. __ - � DATE: 5/1/84 IN! i Commission Meeting: 5/9/84 SUBJECT SDR -1564, A -948, & V -633, PERO GLUMAC 14975 QUITO ROAD The Planning Commission discussed the above referenced applications at its study session'of April 17, 1984. The major concerns were: 1) The 32' height of the proposed structure; 2) Privacy impacts; 3) Impacts on the views of neighboring properties to the north; 4) The width and improvements to the minimum access road; and, 5) The new driveway access. Also, the land use committee and staff met on the Nelson property to the north of the Glumac site to ascertain the impact of the proposed two -story structure. As a result of these meetings, and others, the applicant has prepared revised plans in an effort to meet the concerns listed in the first paragraph above. 1. Height of the Proposed Structure The applicant has clarified the grading plan for the proposed new driveway and reduced the pitch of the roof of the structure. The applicant indicates that this will reduce the maximum height of the structure so that a variance is not necessary. The height of the structure from the main building pad has been re- duced from 27' to 25'. 2. Privacy Impacts The applicant has relocated the windows on the western elevation of the structure so that they are screened by the large existing oak tree thus protecting the privacy of those properties to the northwest (Butcher). The applicant will also change two of the windows on the second story of the northern elevation so that they are only false windows to protect the privacy of properties to the northeast (Nelson). Obscure glass will be used in the bathroom windows. Report to the PlanniPq Commission SDR -1564, A -948, V -� Pero Glumac 5/1/84 CPage 2 The applicant has removed the second story greenhouse proposed over the garage but a deck is still proposed on top of the garage. According to the applicant the Butcher's, -which could be most affected by the deck, do not object to it. The existing deck around the pool currently would have a privacy impact on properties to the northwest. A solid fence around the outside perimeter of the deck could eliminate this problem. The applicant has also stated that he would pay for landscaping on adjacent properties to the north, as selected by the property owners, to protect privacy. These areas are shown on Exhibit C -1. 3. Impacts on Views Staff noted that the major view impacts would be to the west and north. Mr. Anderson, who'owns the adjacent property to the west, stated at the first public hearing on the project that he had no objection to it. The large oak tree substantially screens the two -story portion of the structure from the Butcher property. When staff and the Land Use Committee met on the Nelson property, the Nelson's expressed concern about their loss of a large por- tion of their:rview. The Nelson's suggested that the structure could be lowered another five feet. They also expressed concern with the view impact of the covered porch in conjunction with the rest of the structure. The applicant has indicated (see exhibit C -1) that he would plant box sized trees to screen the porch and the structure from view. The applicant's architect has indicated that the overall height of the structure could be reduced one foot if a slab foundation were used but this would not be the preference of the applicant. He also indicated that the house can not go lower than this with- out possible structural damage to the existing swimming pool. Visual impact at the Nelson property (as well as privacy impacts) could be reduced if a single story structure were built on the site. Staff has calculated that the applicant could build an additional 690 -1380 square foot section to the proposed lower level of the.dwelling. The proposed second -story would be 1,638 square feet in size. However, this option could have a greater visual impact on the Butcher property. 4. Minimum Access Road The applicant discussed the need for the 18' wide (paved)--minimum access road with Central Fire District. The Fire District gave the applicant two options: 1. Use an 18' wide standard minimum access road but allow portions of the road to be narrowed to preserve certain specimen trees. (Staff noted 6 trees over 12" in diameter that should be preserved). Report to the Planni- Commission 5/1/84 SDR -1564, A -948, V -633, Pero Glumac Page 3 2. Allow a 14' wide road (with 2 ft. shoulder) if it is approved by the City and a fire hydrant is provided on site (1000 gpm). Staff -fells that -allowing.a less than 18' -wide minimum access road would establish an undesirable precedent and would favor the first option proposed by the Fire District. The applicant wishes to use the second option and has provided revised plans illustrating this option (see exhibit C -1) . 5. New Driveway Access r111ile on site the applicant showed staff the fill area under the proposed driveway and indicated that the driveway would _. not be as steep as shown on the original plans that were submitted. The driveway was also narrowed from 16 feet to 12 feet which re- duces impervious.s- urface and increases the area available for landscaping. With adequate protection given to the existing trees near the proposed driveway, the proposed driveway would be acceptable. RECOMMENDATION Staff feels that the applicant has made a substantial effort to.. eliminate privacy impacts. However., the structure should be.lowered as much as is feasible to reduce its visual impact, staff would recommend approval of SDR -1564 per Exhibit B subject to the following conditions: 1. All those conditions associated with SDR -1564 in the staff report dated 4/4/84 with the exception of condition VIII. D.. 2. Add condition: V. C. Bridge and access road shall be completed before final map approval. 3. If the Commission decides to allow a 14 Ft. wide access road change condition V. A. to read as follows: A. Construct access road 14 feet minimum width, plus one 2 foot shoulder using double seal coat coil and screening or better on 6 inch aggregate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 122% without adhering to the following: 1. Driveways having slopes between 122% to 15% shall be surfaced using 22 inches of A.C. on 6 inch aggregate base. 2. Driveways having slopes between 15% and 172% shall be surfaces using 4 inches of P.C.C. concrete rough sur- faced on 4 inch aggregate base and shall not exceed 50 feet in length. 3. Driveways with greater slopes or longer length will not be accepted. Report to the Plann-T Commission 5/1/84 SDR -1564, A -948, V -� i ^ , Pero Glumac Page 4. 4. Add condition (for 14' wide access road only): V. D. Provide an'approved private fire hydrant with an 8" diameter main and a flow of 1,000 gpm located on the applicant's property between the driveway and the easterly property line. The applicant or subsequent property owner shall maintain said fire hydrant and water main in perpetuity. Required fire hydrant and its installation shall be tested and accepted by Central Fire District prior to .the issuance of Building Permits. RECOMMENDATION (A -948): With the changes proposed by the applicant as shown per Exhibits C-1, D-1 and E -1, staff would recommend approval of A -948 per the following findings and subject to the conditions listed below: FINDINGS: With the revisions proposed by the applicant, staff recommends the Commission make the following findings: 1. Unreasonable Interference with Views or Privacv: The applicant has removed or located the windows in.the second story so as to protect the privacy of adjacent properties to the north. The applicant has reduced the height of the proposed structure by two feet and can perhaps lower it further. The applicant proposes additional landscaping to screen the proposed structure from properties to the north. Although the visual impact of a two story structure could be mitigated by a single story structure, a single story expansion of the same size as the proposed.second floor could impact other properties to a greater extent than the proposed two -story structure. , 2. Preservation of the Natural Landscape By.narrowing.the proposed driveway, decreasing its steepness, and by protecting the existing trees on site, the applicant has minimized the potential damage to the site's natural setting. 3. Perception of Excessive Bulk By reducing the height of the proposed structure and adding landscaping the perception of the structure's bulk will be re- duced. Lowering the structure would further reduce this impact. 4. Compatible Bulk & Height The applicant lowered the height of the proposed structure and with additional reductions can make this as compatible as possible for a two -story in this location. Report to the Planni�nq Commission 5/1/84 SDR -1564, A -948, V -q; , Pero Glumac C Page 5 A -948 - Conditions Revise',condi.tions for A -948 as follows: 1. Prior to issuance of building permits submit for staff review and approval: a. Landscaping plans showing how the proposed structure, the decks, and the tennis court will be screened. b. Fencing plans for the pool area. C. A revised site plan showing the barn and corral located in conformance with the requirements of Section 3.2(e) of the Zoning Ordinance. d. Any modifications to the proposed site plan or exterior elevations. 2. Show how the existing trees on the site, in particular the 18" oak located to the west of the proposed garage, will be protected and preserved both during and after construction. Applicant shall submit a letter from a certified arborist that the precautions taken by the applicant are sufficient to preserve the existing trees on site. 3. The applicant shall lower the structure as much as is feasible to reduce the visual impact of the proposed structure. APPROVED Michael Plores Assistant Planner MF /bjc P.C. Agenda 5/9/84 1111 MEAT 1111. MET REPORT TO PLANNING C®MMISSION *Revised 5/9/84 DATE: 4/4/84 Commission Meeting: 4 / 11/ 8 4 SUBJECT SDR -1564, A -948, and V -633, Pero Glumac, 14975 Quito Road ---------------------------------------------------------------------------- ACTION REQUIRED: Approval of 1) Tentative Building Site for a single family dwelling. 2) Design Review for a two -story dwelling 3) Variance to allow a 32'± building height where 30' is required. OTHER APPROVALS RECEIVED /REQUIRED: 1) Final Building Site Approval 2) Building Permits PLANNING CLASSIFICATION ZONING: R -1- 40,000 GENERAL PLAN: Residential -Very Low Density Single Family CTMV nAMA . PARCEL SIZE: 1.31 AC NATURAL FEATURES & VEGETATION: Site already disturbed by previous development. A variety of trees occupy the site including oak, redwood, pine and eucalyptus. No major trees will be removed to accommodate this project. AVERAGE SITE SLOPE: 9.890 GRADING REQUIRED: Cut: 358 Cu. Yds. Fill: 0 Cu. Yds. Cut Depth: 6.5 Ft. Fill Depth: 0 Ft. Report to the Planning Commission 4/4/84 SDR -1564, A -948, V -( I Page 2 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. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorders' Office relative to the environmental impact of this project, if approved under this application. Said determination date: April 3, 1984 The Staff Report recommends approval of the tentative map for SDR -1564 (Exhibit "B" filed 2/24/84) 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. 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. D. Construct access road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from Quito Road to westerly pro- perty line. Slope of access road shall not exceed 12 -1/2% without adhering to the following: Report to the Planning Commission 4/4/84 SDR -1564, A -948, V Page 3 1. Access roads having slopes betweeen 12 -1/2% and 15% shall be surfaced using 2 -1/2" asphalt concrete on 6" aggregate base. 2. Access roads having slopes between 15% and 17% shall be surfaced using 4" of P.C. Concrete rough surfaced using 4" aggregate base. Slopes in excess of 15% shall not exceed 50 ft. in length. 3. Access roads having slope in excess of 17 -1/2% are not permitted. Note: a) The minimum inside curve radius shall be 42 ft. b) The minimum vertical clearance above road surface shall be 15 ft. c) Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. d) Storm runoff shall be controlled through the use of culverts and roadside ditches. E. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6" aggregate base within 100 ft. of proposed dwelling. F. 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. G. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Community Development. H. Provide adequate sight distance and remove obstructions of view as required at driveway and access road inter- sections. I. Watercourses must be kept free of obstacles which will change, retard or prevent flow. J. Engineered Improvement Plans required for: 1. Access Road Construction. K. Pay Plan Check and Inspection Fees as determined from Improvement Plans. L. Enter into Improvement Agreement for required improve- ments to be completed within one (1) year of receiving Final Approval. M. Post bond to guarantee completion of the required im- provements. Report to the Plan Commission 4/4/84 SDR -1564, A -948, V_ C Page 4 III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and. report by licensed professional 1. Foundation prior to issuance of building permit. B. Plans to be reviewed by geotechnical consultant prior to building permit being issued. C. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities) 2. Drainage details (.conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. 4. All existing structures, with notes as to remain or be removed. 5. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, *etc. D. Bonds required for Septic tank removal -.$400 IV. SPECIFIC CONDITIONS - COUNTY SANTATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with the requirements of County Sanitation District No. 4. B. Extend sewer across the width of the parcel and provide easements for building sewers to service adjacent parcels to the south. V. SPECIFIC CONDITIONS - CENTRAL FIRE PROTECTION DISTRICT * A. Construct access road 14 feet minimum width, plus one 1 foot shoulder using double seal coat oil and screening or better on 6 inch aggregate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 122% without adhering to the following: 1. Driveways having slopes between 122% to 15% shall be surfaced using 22 inches of A.C. on 6 inch aggregate base. 2. Driveways having slopes between 15% and 172% shall be surfaced using 4 inches of P.C.C. concrete rough surfaced on 4 inch aggregate base and shall not exceed 50 feet in length. 3. Driveways with greater slopes cr longer length will not be accented. Report to the • Plann-* -�<_x Commission 4/4/84 SDR -1564, A -948, VZ C Page .5 B. Bridge over creek shall be certified by an engineer for 35,000 pounds loading. Bridge shall meet City of Saratoga driveway standards of 14 feet width with one (1) two (2) foot shoulder. * C Bridge and access road shall be completed before final map approval. * D. Provide an approved private fire hydrant with an 8" diameter main and a flow of 1,000 gpm located on the applicant's property between the driveway and the easterly property line. The applicant or subsequent property owner shall maintain said fire hydrant and water main in perpetuity. Required fire hydrant and its installation shall be tested and accepted by Central Fire District prior to the issuance of Building Permits. VI. SPECIFIC CONDITIONS--. SANTA CLARA COUNTY HEALTH DEPARTMENT A. A.sanitary sewer connection will be required. 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 Santa Clara Valley Water District for review and certification. VIII. SPECIFIC CONDTTTnNS - PPDMTT 17FVTL -W nTi7TC-TlIAT A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits individual structures shall be reviewed by the Planning Department 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 subdivision/ building site. C. Tree removal prohibitied unless in accord with applicable City Ordinances. * D. �4edy -the- smote- de�relo�ee- ��a- by- �e�etr�g- tire- prepesed sere -Rd- d -r-1 veway- ea -t-raaee- and- -re4eeate -g-a -rage -se- that- it ear-• ut�� •i•ae- ��ie- e��s��ag- d���*ewa�* . Report to the Plann' n Commission 4/4/84 SDR- 1564,A -948, V -6 Page 6 DESIGN REVIEW - A -948 ORDINANCE COMPLIANCE SETBACKS: Front - 36 Ft. Left Side - 20 Ft. HEIGHT: 32'+ IMPERVIOUS COVERAGE: 31.50± SIZE OF STRUCTURE (Including Garage): First Floor: 3,614 sq. ft. Second Floor: 1,638 sq. ft. Green House: 288 sq. ft. Existing Barn: 384 sq. ft. 5,924 sq. ft. Rear - 69 Ft. Right Side - 200 Ft.+ COMPLIANCE: The proposed main dwelling complies with coverage (35o maximum allowed), setback, and floor area (6,200 sq. ft. maximum allowed) requirements. It would exceed the height limit of 30' by at least 21. The existing tennis court complies with setback requirements but its fence is 2' higher than the 10' height limit established in the ordinance and needs to be screened by landscaping. The existing barn and the proposed location of the corral do not comply with the 50' setback from the front property line as required-in Section 3.2(e) of the zoning ordinance. (The barn is 45' from the property line and the corral would be 30' from the property line). PROJECT CONSIDERATIONS EXTERIOR MATERIALS: Horizontal wood siding - off - white; marble veneer - Lower level of first floor ROOF MATERIALS: Clay Tile - Dark Red TRIM: Window trim and shutters painted off - white. IMPACT ON PRIVACY AND VIEWS: The site of the proposed two -story dwelling is considerably higher than the sites immediately surrounding the subject property. When staff investigated the site it was apparent that any two -story dwelling would impact the privacy of adjacent properties to the north. Without adequate fencing and /or landscaping a single -story structure could also have an adverse impact. Considering the proposed height of the main dwelling and its topographic location the strucure will be highly visible although it is not likely to significantly impair views. A single -story structure would have lesser privacy and visual impacts.. The proposed deck and green house over the new garage could also have an adverse privacy impact. A large oak tree on site will provide some screening of the second story and a little for the deck. Report to the Plan Commission 8DR -1564, A -948, V -�_, 4/4/84 Page 7 COMPATIBILITY: Although the proposed dwelling is within the allowable floor area of the R- 1- 40,000 district it will be larger than most of the existing dwellings in the vicinity. This factor combined with its topographic location make the proposed structure incompatible with the neighborhood. It should be noted that a single story dwelling previously occupied the site according to City building permit records. There is an existing two -story structure to the north of the site but it is located on a much lower elevation and does not create significant privacy and visual impacts. OTHER: The applicant is also proposing a new double entrance drive- way for the site as well as a new garage. This will involve a substantial cut to accommodate both the garage and the driveway over a steep section of the lot. This could be avoided by con- structing the garage on the existing.building pad and maintaining the existing single driveway. This option would be consistent with the following General Plan goal. LU.5.0 The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. PROJECT HISTORY: A single -story structure was built on the site around 1958. That structure burned down about 8 or 9 years ago. The swimming pool and tennis court already exist on site. FINDINGS: 1. Unreasonable Interference with Views or Privacy: The proposed two - story structure and its topographic location relative to adjacent properties will unreasonably interfere with the privacy of the adjacent northern properties and will have a major visual impact on neighboring properties. This problem can be avoided by the construction of a single story structure on the site. Staff can not find a method of significantly mitigating the adverse impacts likely to be created by the two -story structure. 2. Preservation of the Natural Landscape: The new driveway proposed by the applicant will substantially modify the topography of the front of the site which does not minimize soil removal and grade changes. These two factors can be minimized by building the garage on the existing building pad and maintaining the existing driveway. 3. Perception of Excessive Bulk: The height and size of the proposed two -story structure and its topographic location will not minimize the perception of excessive bulk for the neighborhood. This per- ception can be significantly mitigated if a single -story dwelling is built on the site. 4. Compatible Bulk & Height: With its bulk and topographic location the proposed structure would not be compatible with other existing structures in the neighborhood. The proposed two -story structure would not interfere with the light, air and solar access of adjacent properties. Report to the Play—i_ng Commission 5/1/84 SDR -1564, A -948, ( -33, Pero Glumac �� Page 8 RECOMMENDATION: Staff recommends denial having been unable to make Findings, 1, 2, 3 and 4. If the Commission wishes to approve the project, per Exhibits C, D and E. the necessary findings are required and staff would recommend the following conditions: 1. Prior to issuance of building permits submit for staff review and approval: * a. Landscaping plans showing how the proposed structure, the decks, and the tennis court will be screened including trees 10 - 15 feet in height between the Nelson property and the Glumac property. b. Fencing plans for the pool area. * C. A revised site plan showing the barn and corral located in conformance with the requirements of Section 3.2(e) of the Zoning Ordinance. * d. Any modifications to the proposed site plan or exterior elevations. * 2. Show how the existing trees on the site, in particular the 18" oak located to the west of the proposed garage, will be protected and preserved both during and after construction. Applicant shall submit a letter from a certified arborist that the precautions taken by the applicant are sufficient to preserve the existing trees on site. * 3. The applicant shall lower the structure as much as is feasible to reduce the visual impact of the proposed structure. Report to the Plan Commission 4/4/84 SDR -1564, A -948, V_ . (.1 Page 9 STAFF ANALYSIS - VARIANCE -V -633 The applicant proposes that the northernmost portion of the structure maintain a height of 32'+ rather than the height limit of 30'. The main reason for the height variation is the fact that a maximum cut depth of 6.5' is required to accommodate the new garage and driveway. Staff has indicated that the second -story of the structure would have adverse privacy and visual impacts for adjacent properties. If a single -story design were used by the applicant there would be no need for the variance and is an option available to the applicant. Another option would be to delete the new driveway and garage from the plan thus eliminating the need for the 6.5' cut. The garage can be built at the existing building pad without additional grading and thus avoid the variance. Although the site has an unusual topography it is not unusual enough to warrant a variance since there are options available to the appli- cant, as indicated above, which would not require a variance. The property can be and has been in the past, reasonably developed with- out a variance. FINDTNC,S 1. Practical Difficulty or Unnecessary Physical Hardship There are no physical circumstances associated with the subject property in terms of its size, shape, topography, location; or surroundings which would warrant the granting of a variance for a structure height exceeding 30 feet. Staff has suggested two options which would not require a variance which support this position. 2. Exceptional or Extraordinary Circumstances 3. 4. There are no significant exceptional or extraordinary circumstances associated with the site which would warrant a variance and which do not apply to other properties in the R -1- 40,000 district. There are options available to the applicant which do not require a variance. Common Privilege A strict or literal interpretation and enforcement of the ordinance would not be a denial of common privilege since there are options available to the applicant which would allow reasonable development of the property. Special Privilege The granting of this variance would be a grant of special privilege since there are no exceptional or extraordinary circumstances associated with the property which would warrant a variance and there are options available to the applicant that would comply with ordinance requirements. Report to the Plan n'nQ Commission 4/4/84 . $DR -1564, A -948, V- Page 10 5. Public Health, Safety and Welfare The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. However, staff feels that the granting of a variance when it is unwarranted establishes an un- desirable precedent. RECOMMENDATION: Staff recommends that variance application V -633 be denied since all the necessary findings cannot be made. If the Commission wishes to approve the project, it will have to make the necessary findings. Approval should be subject to the following condition: 1. The applicant shall comply with the conditions of SDR -1564 and A -948. APPROVED MF /bjc P.C. Agenda 4/11/84 L Michael Flore Assistant Planner 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- 1564 51 Quito RDad (have) been met as approved by the Planning Commission on May 9, 1984 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 XWceaulVw Yes Date Submitted -9 -8 Storm Drainage Fee $1100.00 Date Submitted -9 -84 Receipt # 6392 All Required Improvement Bonds $11,000 -7I620.0-- Date Submitted 8 -9 -84 Receipt# - - - - - -- All Required Inspection Fees Date Submitted— B-9-84 Receipt# 63 Building Site Approval Agreement Yes Date Signed Park and Recreation Fee $1300.00 Date Submit t e d-8-9-84 Receipt# 6392 It is, therefore, the Community Development Department recommendation that (V0RQt*X4xxAW1) (Final) Building Site Approval for Pero Glumac SDR- 1564 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 RobeYt S. Shook Director of Community Development :r i r ■ z- c G V-633 CITY OF SARAT(M AGENDA BILL NO. t9 9 DATE: 8/20/84 (9/5/84) DEPARI'MIIV'I' : Community Development 5UR=. Final Building Site Approval SDR -1486 Larsen/ Don..Coffe Pierce Road (2 lots) Issue Summary 1. SDR 1486 is ready for Final Building Site Approval. 2. All bonds and fees have been paid. Initial: Dept. Hd. C. Atty. C. Mgr. 3. All requirement for City Department and other agencies have been met. Recommendation Adopt resolution No. 1486 -02, approving final building site approval and authorized execution of contract improvement agreement exhibit "B ". Fiscal Impacts Exhibits /Attachments 1. Resolution No. 1486 -02. 2. Report to Planning Commission. 3. Status report for Building Site Approval. 4. Location Map. Council Action 9/5: Approved 5 -0. RESOLUTION NO. 1486 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ggARATOGA APPROVING BUILDING SITE OF Larson/IDon Coffe The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 40,122 square feet and 40,036 square feet Parcels shown as Parcel A and B on the Parcel Map. prepared by Jenning, McDe=tt, Heiss, Inc. and submitted to the City Engineer, City of Saratoga, be approved as two (2) individual building sites. The above and foregoing resolution was'duly and regularly intro- duced and passed by the City Council of Saratoga at a regular i meeting held on the day of. 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK CITY OF SARATOGA City of Saratoga APPROVED BY: DATE: INITif.I.S: &A- EXHIBIT "A" 3/14/81 t ( L.D.C. Revision 3/19/81) STAFF REPORT "amended at Planning Commission Meeting 4/8/81. SDR -1486 Tor Larsen, Pierce Rd. & Ashley Ct., Tentative Building Site Approval - 3 Lots PROJECT DESCRIPTION: The applicant is requesting tentative subdivision approval for 3 Lots in the R -1- 40,000 zoning district between Ashley Court and Pierce Road. One new residence exists on the land included in the division. The Planning Commission reviewed the site for access concerns on 10/21/80 and the proposed map is submitted in answer to those concerns. A cul -de -sac is proposed for Ashley Court off of which the 2 proposed residences will take access. A secondary access is proposed for Parcel B to Pierce Road. An exception from the Subdivision Ordinance is required for allowing a minimum access road to connect to a cul -de -sac. Each proposed lot will have 40,000 sq. ft., in conformance with the R -1- 40,000 zoning. The slope of the site, 2.8 %, indicates there will be some concern about the proposed drainage. The orchard trees on the parcel will be removed for construction of the 2 new residences if approved. The drainage plans, as conceived at the Land Development Committee meeting of 3/19/81 will involve 2 components: an intercept at the driveway to Parcel B for * those.waters coming from the west and a drainage pipe to Ashley for those lands above the 370' elevation which includes both the proposed improvements on Parcel B and all of Parcel A. The applicant intends to file for a lot line adjustment per the tentative map if it is approved. PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: February 27, 1981. The Staff Report recommends approval of the tentative map for SDR -1486 (Exhibit "B" filed February 23, 1981) 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 - PUBLIC WORKS DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval (currently 1,100.00 /Lot). 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.) „Staff Report \- Page 2 ,SDR -1486 C C. Submit "Irrevocable Offer of Dedication” to provide for a 42 ft. radius turn around on Ashley Way. D. Improve Ashley Way to City Standards, including the following: 1. Designed Structural Section 32 ft. radius. 2. P. C. Concrete Curb and Gutter (V -24) E. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the Director of Public Works, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, including the following: 1. Storm Sewer Laterals with necessary manholes. 2. Storm Drain Inlets, Outlets, Channels, etc. F. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6 in aggregate base within 100 ft. of proposed dwellings on Parcels B & C. G. Construct Standard Driveway Approaches for Parcels A & B. H. 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 in aggregate base for Parcel C. I. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Public Works. J. Provide adequate sight distance and remove obstructions of view as j required at driveway and access road intersections. R. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction 3. Access Road Construction L. Pay Plan Check and Inspection Fees as determined from Improvement Plans. M. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. N. Post bond to guarantee completion of the required improvements. Staff Report ( Page 3 SDR -1486 f III. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional prior to issuance of permits: r 1. Foundation B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities) prior to issuance of permits. 2. Drainage details (conduit type, slope, outfall, location, etc.) prior to final map approval. 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher prior to issuance of permits. 4. All existing structures, with notes as to remain or be removed prior to issuance of permits. 5. Erosion control measures, prior to issuance of permits. 6. Standard information to include title block, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. prior to issuance of permits. IV. SPECIFIC CONDITIONS - CUPERTINO SANITARY DISTRICT A. Sanitary sewers to be provided and fees paid in accordance with requirements of Cupertino Sanitary District as outlined in letter dated February 25, 1931. B. Annex properties to Cupertino Sanitary District prior to Final Approval. V. SPECIFIC CONDITIONS - CENTRAL FIRE DISTRICT A. Parcel B will need to provide an approved 40' X 48' fire department turnaround that is within 150' of any portion of the exterior walls of any building. B. Parcel A will need to provide an approved 40' X 48' fire department turnaround if the lot is developed with any portion of the building over 150' from the cul -de -sac. 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 Cupertino Sanitary District. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VII.. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. CAS Staff, Report SDR -1486 Page 4 t VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Building and grading plans to be approved by Planning Department prior to issuance of permits. Individual house designs to be evalul- ted on the basis of compatibility with the physical environment. Complete plans for all on -site grading to be included in evaluation. House foundations to be designed to minimize external grading. All grading to be contoured so as to form smooth transitions between natural and man -made slopes. (NOTE: Project determinations are appealable through the Design Review process.) B. Prior to issuance of building permits individual structures shall be reviewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportuni- ties on /in the subdivision /building site. C. 4' wooden fence and 10' of landscaping to be constructed adjacent to length of Parcel B's driveway. Plans to be approved by Planning Department prior to Final Approval. Post bond to guarantee completion of required improvements prior to issuance of building permit for residence on Parcel B. ** D. Construct driveway 12 ft. wide plus a 3 ft. shoulder using double seal coat oil and screenings or better on 6 in. aggregate base from Pierce Road to within 100 ft. of dwelling on Parcel C, and from Ashley Way to within 100 ft. of proposed dwelling on Parcel B. Slope of access way shall not exceed 122% without adhering to the following: Access way . having slopes between 122% and 15% shall be surfaced using 22 in. asphalt concrete on .6 in. aggregate base. Access way having slopes between 15% and 172% shall be surfaced using 4. in. of P.C. Concrete rough surfaced using 4 in. aggregate base. Slopes in excess of 15% shall not exceed 50 ft. in length. i It Access way- having slope in excess of 172% are not permitted. .fir Note: - The minimum inside curve radius shall be 42 ft. - The minimum vertical clearance above road surface shall be 15 ft. - Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. ,# - Storm runoff shall be controlled through the use of culverts and roadside ditches. Note: The access easement to Parcel B is to be 25' wide with the roadway improvement shifted to run along the easterly edge so that an 101+ * wide strip can be landscaped. IX.. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. KK /clh n r n­ A- Z ii n 1Q1 * *amended at Planning Commission Meeting on 4/8/81. Kathy Keizdus, Assistant Planner v P-MO RANDUM 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- 1486 , Larsen/ Don Coffe (have) (have not) been met as approved by the Planning Commission on Listed below are the amounts, dates and City receipt numbers for.all required items: Offer of Dedication YeS Date Submitted 8 -16 -84 or Parcel Map YeP Storm Drainage Fee $2200 Date Submitted Date .8-16-84 Submitted Receipt 8-16-84 # All Required Improvement Bonds $3,000 Date Submitted 8 -16 -84 Receipt# All Required Inspection Fees $3900.00 Date Submitted 8 -1-84 Receipt# - Building Site Approval Agreement B Date Signed 8 -16 -84 Park and Recreation Fee $2600.00 Date Submitted 8-16-84 Receipt# 6442 It is, therefore, the Community Development Department recommendation that (CV2da%tQ) (Final) Building Site Approval for Larsen/ Don Coffe SDR- 1486 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 Robert S. S o0 Director of Community Development LOCATIOX MAP FO/t 8 6 1.4RSE.N /Cl3"E - 2 4 0 7-S 0 d a n. ITE X� SCOLE : t"= Soo' a o� a J �v z� U4 �O a° CITY OF SVU1 iUL A Initial: A'DA BIJZ N0. 610 Dept. Hd., Lb— DATE: _ Aug 28, 1.984 (Sept. S, 1984) C. Atty. DEPARTMENT: Community Development C. Mgr. SUBJECT: CONSTRUCTION ACCEPTANCE FOR TRACT 6 7 3 2 _ Issue StmTnaty The public improvements required for the subject Tract or Building Site have been satisfactorily completed. This "Construction Acceptance" will begin the one (1) year maintenance period. Recomnendation Grant "Construction Acceptance" to the subject Tract,. :.w:..•- _; Fiscal Impacts None E: ch ibi is /A ttachimn is 1. Memo describing development and bond. Council Action 9/5: Approved 5-0. l �ti]EMOO RAND�IIVI 0919W QT 0&M&UQ)0& 13777 FRUITVALE AVENUE . SAR.ATOGA. CALIFORNIA 95070 (408) 867 -3438 TO: City Council DATE: August 28, 1984 FROM: Director of :Community Development SUBJECT: Construction Acceptance for Tract 6732 Name & Location: Gerald Butler, Montalvo Public Improvements required for Tract.6732 have been satisfactorily completed. I, therefore, recommend the City Council accept the improvements for construction only. This "construction acceptance" will begin the one (1) year maintenance period. During that year, the improvement contract, insurance and improvement security will remain in full force. The following information is included for your use: 1. Developer: Gerald Butler Address: 14015 Vickery Lane Saratoga, CA. 95070 2. Improvement Security: Type: Faithful Performance & Completion Amount: $54,000.00 Issuing Company: Surety Insurance Co. of Calif. Address: Alexander & Alexander, P.O. Box 5700, San Jose, 95150 Receipt, Bond or Certificate No.: 550238 3. Special Remarks: RSS /dGm Robert S. Shook 1 AGENDA BILL NO. % q I DATE: August 30, 1984 DEPARTMENT: Maintenance SUBJECT: 10k Fun Run Issue Summar Initial: Dept. Head: City Atty City Mgr The San Jose Young Life is requesting permission to hold a 10k Fun Run on Saturday, October 27, 1984 to help send high schoolers to summer camp. The race will start and finish at West Valley College and will go from 9:00 a.m. to 12: a.m. (See map attached) Recommendation Authorize the San Jose Young Life to conduct the 10k Fun Run with the stipulation that the race promoters obtain permission from the private property owners, whose property the race crosses, and that the promoters will provide a Certificate of Insurance naming the City as an additional insured. Fiscal Impact None. Since no City streets will be closed, additional deputy sheriffs will not be required. Exhibits /Attachments Letter requesting permission to hold race. Map of race route. Council Action 9:/5: Approved 5 -0 on condition that sponsors provide cleanup and - obtain permission from private property owners. ,4. . i YOUNG LIFE SAN JOSE 1320 Lincoln Avenue / San Jose, CA 95125 Phone: (408) 286 -6374 Mr. Dan Trinidad Director of Maintenance City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Trinidad: August 22, 1984 I am writing you to request approval from the city council for a 10K run. Young Life in San Jose would like to sponsor a 10K fun run in order to help send high schoolers to summer camp. The run would take place in Saratoga, beginning at West Valley College. The date of the run is Saturday, October 27. It would go from 9:OOam until 12:OOpm at the latest. At this time we can only estimate the number of participants, but we are expecting between 200 -400. The race would cover the following streets: Fruitvale; Valley Vista; Monta Vista; Montwood; Quito; Sobey; Ten Acres; Chester; Allendale; and return via Fruitvale. Enclosed please find a map of the course. It would help us tremendously to know as soon as possible if the council approves our request. Thank you for your help in presenting this for us. Yours sincerely, Marie Bradley i' AGENDA BILL N0: 612— DATE: August 30, 1984 DEPARTMENT: Maintenance Initial: Dept. Head:- City Atty City Mgr SUBJECT: Nineteenth Annual Fall Parade and Community Footrace Issue Summary The City has been contacted by the Saratoga Chamber of Commerce and West Valley College, (sponsors of the footrace) requesting permission to hold the Nineteenth Annual Fall Parade and Seventh Annual Community Footrace on Sunday, September 23, 1984. The Footrace will be held between 9:00 and 10:00 A.M. and will involve a temporary closing of Big Basin Way at the start of the race. The Parade will be held between 2:00 and 3:00 p.m. and will cause the closure of Big Basin Way and the closure of Big Basin Way and Saratoga - Sunnyvale Road intersection while the Parade passes through. The City Council has the authority to close City streets for the Parade but must request permission from the State of California Transpor- tation Department and the California Highway Patrol to close Big Basin Way (State Highway9) and the. intersection of Big Basin Way with State Highway 85. Recommendation 1. Authorize the closure of Saratoga Avenue and Big Basin Way as necessary for the Parade route between 2:00 and 3:00 p.m. 2. Approve the route of the Footrace. 3. Approve Resolution No. requesting the State Department of Transportation allow closure of State Highway 9 temporarily between 9:00 and 10:00 a.m. for the Community Footrace and between 2:00 and 3:00 p.m. for the Parade as well as the.closure of the intersection of Highway 9 and Highway 85 for the Parade to pass through. Staff will follow through to notify the California Highway Patrol, Caltrans, Sheriff's Department and the Fire Department. Fiscal Impact None. The Saratoga Chamber of Commerce and West Valley College will cover all charges for additional reserve deputies to handle the traffic control. Exhibits /Attachments Resolution No. Footrace request letter. Parade request letter Map showing Parade route, Race route and traffic detour route. Council Action 915: Approved Reso..ution 21.75 on-condtion that sponsors provide cleanup and .obtain permi:ssion.from.private property owners.. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REQUESTING PERMISSION FOR TEMPORARY CLOSURE OF STATE HIGHWAY ON SEPTEMBER 23, 1984 WHEREAS, the Saratoga Chamber of Commerce has yearly sponsored the Annual Fall Parade and West Valley College the Annual Community Footrace in the City of Saratoga, and WHEREAS, the Seventh Annual Community Footrace has been scheduled for Sunday, September 23, 1984 between 9:00 and 10:00 a.m., and WHEREAS, the Nineteenth Annual Fall Parade has been scheduled for Sunday, September 23, 1984 between 2:00 and 3:00,p.m., and WHEREAS, the Santa Clara County Sheriff's Office has been advised of the race and parade route and is planning to take the proper traffic control measures to insure the safety and expeditious movement of the traffic and oversee the safety of the parti- cipants in the Parade, and WHEREAS, the City Council has annually endorsed the Fall Footrace and Parade and is aware of the precautionary measures that have been undertaken and does sanction the Nineteenth Annual Fall Parade and Footrace; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby request permission of the State Department of Transportation to allow Big Basin Way (State Highway 9) to be closed and traffic to be detoured on September 23, 1984 as needed between 9:00 and 10:00 a.m. and again between 2:00 and 3:00 p.m. between the junction of Highway 85 and Fourth Street and to permit closure of Highway 85 at Highway 9 as the Parade passes through.this intersection. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on day of , 1984 by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor SARAT'OGA CHAMBER OF COMMERCE P.O. BOX 161 0 20460 SARATOGA- LOS GATOS ROAD 0 SARATOGA, CALIFORNIA 95071 ® (408) 367 -0753 August 7, 1984 Mr. Dan Trinidad - Director of Maintenance Services City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Dan: The Chamber's 19th Annual Fall Parade is on September 23, 1984. The parade starts at 2 P.M. from Saratoga and Fruitvale Avenues. It goes down Saratoga Avenue to Big Basin Way to 6th Street. You'll need to get permission to close the roads while the parade is in motion. Thank you for your help in this matter. Sincerely, DOROTHY DA DD:jw Executive Director k. • • • / August 23, 1984 TO: Dan Trinidad, City of Saratoga FROM: Bill Campbell REGARDING: Seventh Annual Saratoga Community Footrace (In conjunction with the Saratoga Annual Fall Parade) DATE: September,23, 1984 TIME: 9:00 A.M. DISTANCE: 6.2 miles (10,000 meters) PLACE: Start and Finish in Saratoga Village ESTIMATED PARTICIPATION: 200 - 300 DIRECTORS: George Wightman - Saratoga High School Bill Campbell - West Valley College COURSE: Map enclosed This race has been held in conjunction with the Saratoga Annual Fall Parade for the last six years. The same race course has been used in the past without any problems. QUESTIONS: Bill Campbell Home: 353 -1843 Work: 867 -2200 Ext. 426 West Valley College / 14000 Fruitvale Avenue / Saratoga, California 95070 / (408) 867 -2200 G MILES - CaZccvrafe meaywrepi4v7. f. ZV SAR,477-c-:14-14 1 'L V L,4 il 1-LAdE cry i J VISTA t':. LN I Y.Giry �.ILJEVIi(F �f� LF01 aRD Pp. G\PS° gUC��j / � \\ L v� r Bq4` \ql GLCN BRA( �q y p oEFn if � J/ - TNELMA AV.n I'°^ ARAF-AO $CVILLP� FRANKLIN ZVI .` IL DORADO VISTA R. �1 1 o i OdJ, t •?a /i Pl CT. CHA:ET ? .ARATDrA CT. VCRD V!$iA LN LN. IF o J TI i � I R. C' ° �O qY S`'TDy Al- - _ JLERR IM4N AV. m CIVIC CC.NTER SARATOGA ell v JEPRI �0.�•i / )0 VILL IAI'S Ay. � \P YVal NIIi F NEALE'S HOLLO': OQ' SHADOW 1 OW :l COVC \p11D 7 lA /( Or�NDf,AN \o •^ l o tp SA AiNCIS s n 9 - WEST VALLEY COLLEGE Race Route Parade Route ---- - - - - -- Detour (�' DURHAM CT. Ct CObq �p C7 O Reserve G ---� s� c i JO DII,E, ( . t p NJ: C1. A '. L SAN MARCUS PD. z'LvFPSAILLFS ur ULI IIRr, wr. of --- -=—i�- _ — CNAA( r = aYl MT'yDE� FiL t1 mR,Prr r r n� e- K u✓_i.. AK 4JAyr — I � Deputies` o� c/ \ i \ AGENDA BILL NO. ( CI3 DATE: August 28, 1984 DEPARTMENT: Community Development CITY OF SARATOGA Initial: Dept. Hd. C. Atty. C. Mgr. - ----------------------------------------------------------------------- SUBJECT: Appeal of Denial of Tree Removal Permit at 13465 Hammons Ave. Mr. & Mrs. Leon V. Moore Issue Sunnary The applicants received a building permit to expand their kitchen on 7/10/84. The permit plans showed a tree near the proposal but did not indicate that it would be removed. They then applied for a permit to remove the Cedrus Atlantica Clauca on August 9, 1984. Roy Swanson, Parks & Landscape Maintenance Supervisor, made an on site review of the tree and determined that it is a, valuable specimen tree in excellent condition. The Community Develop- ment Staff reviewed the addition and tree removal permit on site and determined that the re- moval of the tree did not meet the findings required by the'City Code, namely; 1) being diseased or dangerous, or; 2) unreasonably restricting the economic enjoyment of the property. The Moores have appealed the denial of the Tree Removal Permit because the tree restricts the economic-enjoyment of their property to construct an appropriate kitchen addition given its location. Recommendation Consider the merits of the appeal, make the appropriate findings and determine appeal. I.f the Council grants the appeal, a 36" box evergreen specimen tree should be planted in place of the Cedrus Atlantica Clauca. Fiscal Impacts N/A Exhibits /Attache- ents 1. Tree Removal Permit and Denial 2. Portion of Site Plan for Building Permit 3. Letter of Appeal Council Action 9/5: Granted appeal 5 -0, making findings, with no conditions. i CITY OF SARATCCA. TREE RE,"10VAL APPLICATION AND PERMIT (Article III, Chapter 8, Saratoga -' -City Code) Name of Applicant L e-o IJ ()V 7 � r Application Date Address J ' a Phone �Z Date to Remove Trees: Name of Property Owner if Different from Above List Number of Trees List Type of Trees List Size of Trees (rieasured 2411 from the Base of the Tree; Diameter or Circumference) LOCATION OF TREES: Plot all trees to be removed from I Pr °Perty on the back of this foie or on a separate sheet ing structures to tree). w dimensions from property lines and exist - SPECIFIC RE_1S0 \'S FOR R10�AL OF TREE(S): MM Vim, V� e. D , *NOTE: Trees may be removed only 'AT OF APPLICANT Ce Y if found to be within the criteria as established - by Section 5 -75 of the Saratoga City Code. (TO BE CO,'LMLETED BY STAFF ME ^MER) DATE OF ON SITE�JII ;SPECTION• INSPECTED BY: - 1 - This tree removal Pcr .,it is approved in lccord With Sc._,c� ion S.75, the undc_s' hereby h Sara igned �Oga City Code, mal;in� the following finding or find n ^s: U I. The condition of the tree with respect uanC, of falling, pro :cimit Pect to disease, structures, and /or interference w:•isting or proposed is such that it is in furtherer with utility services, or safety nce of the public health to Permit its removal, and /or The location of the tree with respect to propos Provemcnts unreasonably restricts the econ mic ed enjoy m_ omic ent of the property in question, Conditions of Perrsit: This tree removal per,--it is denied for the following 1 � lowing reasons• A DATE PI Ate. II;G DIRECT or Design ted STAFF REpPLESE:;TTiTIVE TREE PLEMOVAL PERMIT # 11 Q f This tree removal per It is SeS =_ic-i 8.75, the e 1 aPProved in accord with Sara do - signed hereby Saratoga Y making the d City Code, j following finding or findi.,°.. U l s Th • e condition of uan" the tree with respect to disease °cr of falling structures °� Pro:;imity tore o c;;istir,o or proposed and /or interference with P P ed is such that it is in furthcra ut =lit or safety nee of Y services, } to permit its removal, and/or public health 2. The location of the tree with respect unreasonably s to proposed im- meat of the property restricts the econ P ro perty in question, tic enjoy - Conditions of Per, -lit: This tree removal per:-it is denied for the followin° reasons: 1 DATE; STAFF REPPZSE.' T,/,TIVE Or Desi n red .. a CZ73-- 0-- U-k t'7-CL A > L) -- TREE R Z' -'OVAL PERMIT # �{�Pe /Ce^ V Qe 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 - 34:38 OFFICE: Community Development August 14, 1984 Leon Moore 13465 Hammon Avenue Saratoga, CA. 95070 Dear Mr. Moore: COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Fanelli John Mallory David Moyles Your request to remove the Cedrus Atlantica Clauca is denied as indicated on the attached copy of the application. An on- site inspection revealed the tree to be a valuable speciman in excellent condition. If you intend to continue construction of your addition please do so with protection of the tree in mind. If you wish to appeal this denial to the City Council you must do so in writing to the City Clerk within 10 calendar days. Enclosed is an application and a copy of Saratoga's tree pre- servation ordinance for your information. Sincerely, Kathy erdus Planner KK /MF /bjc Enclosure . t •1 i T• • 1 P P01MC N of stT� t ty • ' • P�UILL���JC -� PEIZtiI�"j' 7IIo�B`F ,r A U [4 � 0 j, C�1�1iNiIIVIIY UkYELOP� ^►'' Date Received: /f '��0 Hearing Date: Fee : , 6`U CITY USE ONLY /73 APPEAL APPLICATION Name of Appellant: Lfv.J Address: Telephone: 75 -Z35' Name of Applicant: Project File No.: Project Address: Project Description: Decision Being Appealed: ))e,/1p6 p^f Grounds for the Appeal (Letter may be attached): •Gf—�� /Z �2s'L`CiY/I,B, t�GyLV ,�CG��G�Cli1/!'z.4�/ � � ,�� Appellant's Signature *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF 'rHE DECISION. AUG 20 1994 ;*:"DDE!\�DUM T3 APPEAL FOR PERMIT TO REMOVE TREE Ever since purcnase of the oroperty at 13465 Hammons Avenue, we have had the intention of modifying the kitchen. The present one is long and narrow and has been less than satisfactory. We have also felt that the tree in question has been a oroolem in that it prevents sunlight from penetrating the kitchen and has made it a dark room. We have,over the past two years, given a great deal of study to how to modify the kitchen in order to obtain what we wanted. During this period of study we have determined that it would be necessary to remove the tree both to get the lighting we wanted and also to eliminate the recurrent problem of blocked rain gutters caused by thg drooping of needles from the tree. This has caused excess water to fall in the area near the foundation due to the gutter overflowing in the area Just in front of the sink. This condition is apt to happen after almost every rain storm since the combination of wind and rain cause the tree to drop needles which get caught on the roof and washed into the gutters, causing it to become blocked. The oosition of the tree also makes it difficult and dangerous to clear due to lack of access to the gutters. We do not disagree with the opinion of the p\anninp director that the tree is a valuable specimen, but feel that it is located in the wrong place and that as stated in the aopeal it "unreasonably restricts the economic enjoyment of the orooerty in ouestion". in researching the tree, I found the following quote in the Sunset Western Gardening Book, Lane Magazine and Book Company, Menlo Park, California, Copywrite 1967, page 219� "Less spreading than other true cedars , but still needs a 30- ft. circle." In its present location, the tree is only 6 to 7 feet from the house on two sides. The roots already are large enough to pose a threat to the foundation and the branches do cause problems with the drainage as stated previously. The needles tend to collect on the shakes and the branches are a threat to the shakes. I would be willing, if the city should desire it, to donate the tree to the city on the condition that the city be resocnsible for all the cost of the removal and transolanting to the location of their choice. As we have been granted a oermit to expand the kitchen and as tne project is being held uo by the denial of a oermit to remove the tree in ouestion, I reouest that the council grant the oermit on the basis of the foregoing information. CITY OF SARATOGA AGENDA BILL NO. Initial: fq 9� Dept. Hd. DATE: Aug. 29, 1984 (Sept. 5, 1984) C. Atty. DEPARTMENT: Community Development C. Mgr. SUBJECT: WATER IMPROVEMENT PROJECT NO. 1984 -1 Issue Summary After several years the City has received an adequate petition for the for- mation of a Water Assessment District in the Pierce Road -Mt. Eden Road Area. The Council has indicated that it would administer the proceedings if such a petition were received. Recommendation Adopt Resolutions No. , No. . 1 , No. .2 51 Fiscal- Impacts A Resolution Determining Compliance with Division 4 of the Streets and Highways Code, and Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bond Acts for the Acquisition and Con- struction of Improvements Without Further Proceedings Under Said Division 4, Water Improvement Project No. 1984 -1 A Resolution Appointing Attorneys, Water Improvement Project No. 1984 -1 A Resolution Requesting Consent of the Board of Supervisors of the County of Santa Clara to the Exercise of Extraterritorial Jurisdiction to Under- take Proceedings for the Acquisition and Construction of Public Improvements and to Provide that the Costs Shall be Assessed Upon the District Benefited Thereby Under Appropriate Special Assessment and Assessment Bond Acts, Water Improvement Project No. 1984 -1 All costs to be borne by the Assessment District. Exhibits/Attachments 1. Report 2. Resolutions Council Action 9/5-: Adopted Resolutions 2176, 2176.1 and 2176.2, 5 -0. . i SAR<9 REPORT TO MAYOR AND CITY COUNCIL DATE: 8-29-84 COUNCIL MEETING: 9-05-84 SUBJECT' Water Improvement Project No. 1984 -1 Petition has been received and certified to be at least the 600 required for the formation of the long proposed water assessment district in the Pierce Road -Mt. Eden Road area. Therefore the following Procedural Resolutions have been prepared for your action: A. Resolution No. , A Resolution Determining Compliance with Division 4 of the Streets and Highways Code, and Determining to Undertake Pro- ceedings Pursuant to Special Assessment and Assess- ment Bond Acts for the Acquisition and Construction of Improvements Without Further Proceedings Under Said Division 4 - Water Improvement Project No. 1984 -1 This resolution describes that at least 600 of the area has submitted the petition to have "the work" performed and assessed against the "Assessment District ". Further that the assessments will not exceed 750 of the fair market value. It determines and orders the proceedings shall be pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915. B. Resolution No. .1, A Resolution Appointing Attorneys - Water Improvement Project No. 1984 -1 This resolution.appoints the firm of Wilson, Morton Assaf & McElligott as Attorneys for this project. They will perform all legal services required in the conduct of proceedings, prepare all papers not other- wise required to be prepared by others, advise the City and furnish legal opinion on the validity of the Report to Mayor Water Improvement Project No. 1984 -1 August 29, 1984 Page 2 proceedings and bonds. Fee at 2.5% of total amount to assessment plus reasonable fees for services regarding easements and eminent domain. C. Resolution No. .2, A Resolution Requesting Consent of the Boof Supervisors of the County of Santa Clara to the Exercise of Extraterritorial Juris- diction to Undertake Proceedings for the Acquisition and Construction of Public Improvements and to Provide That the Costs Shall be assessed Upon the District Benefited Thereby Under Appropriate Special Assessment and Assessment Bond Acts - Water Improvement Project No. 1984 -1 This resolution describes that "the work" extends into the County and requests the Board of Supervisors to grant Saratoga jurisdiction to hold and implement the appropriate proceedings relative to this project. It requests the Board to adopt a Resolution Granting Consent of the Board of Supervisors of the County of Santa Clara to the Exercise of Extraterritorial Jurisdiction to Undertake Proceedings for the Acquisi- tion and Construction of Public Improvements and to Provide That the Costs Shall Be Assessed Upon the District Benefited Thereby Under Appropriate Special Assessment and Assessment Bond Acts - City of Saratoga, Water Improvement Project No. 1984 -1. Adoption of these resolutions will begin the proceedings which will result -in a significant water system in the Pierce Road -Mt. Eden Road area. The lack of such a system has stymied development in this area for several years. Therefore, it can be expected that accelerated development of this area will be the result of this proposal. Vb-. Robert S. Shook Director of Community Development RSS:cd Attachments at 7 -71 WMAM:PDA:rva 08/21/84 12c RESOLUTION NO. A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 WATER IMPROVEMENT PROJECT NO. 1984 -1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code of the State of California, as provided in the Municipal Improvement Act of 1913, signed by the owners of more than 608 in area of the properties proposed to be assessed has been filed with the City Clerk of said City for the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein; WHEREAS, the cost and expenses of said contemplated acquisitions and improvements together with the incidental expenses of said proceedings, are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on a map thereof on file in the office of the City Clerk and which indicates by a boundary line the extent of the territory included in the proposed district and which shall govern for all details as to the extent of the assessment district; WHEREAS, said proceedings are in whole or in part for the financing of the acquisition and construction of improvements in the u subdivisions to be initiated under the contracts entered into or proposed to be entered into between Teerlink Ranch, Ltd., a partnership, Allen L. Chadwick and Anthony Cocciardi and the City of Saratoga, pursuant to Section 66462 of the Government Code of the State of California; WHEREAS, the subdividers of Teerlink Ranch, Chadwick Place and Mt. Eden Estates, pursuant to Section 2804.1 of said Streets and Highways Code, have submitted written evidence satisfactory to this Council that the total estimated amount of the proposed assessment will not exceed 758 of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been acquired and constructed, and the City Council is fully informed in the premises; WHEREAS, said owners have furnished the City with their affidavit, and any additional evidence which said City may have required, concerning the existence of mortgages or deeds of trust on said land proposed to be subdivided and the names of any mortgagees or beneficiaries thereunder, as required by Section 2804.2 of said Streets and Highways Code; and WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED that all of the owners of more than 608 in area of the property subject to assessment for said acquisitions and improvements who appear to be such on the Assessor's roll on the day that said petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor's office which the County Assessor will use to prepare the next ensuing Assessor's roll, and as further defined in Section 2804.2 of said Streets and Highways Code, have signed and filed with the City Clerk a written petition for the acquisition and construction of improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of said Streets and Highways Code, as provided in said Municipal Impro•,;er-lent Act cf 1913. -2- . . 0412MIM."If , " IT IS FURTHER FOUND, DETERMINED and ORDERED that the total estimated amount of the proposed assessment will not exceed 758 of the estimated fair market value of the land proposed to be assessed after the proposed acquisition and construction of public improvements. IT IS FURTHER FOUND, DETERMINED and ORDERED that said owners, as specified in Section .2804 of said Streets and Highways Code, have furnished the City with their affidavit and any additional evidence which said City may have required,•concerning the existence of mortgages or deeds of trust on that portion of said lands to be assessed which is for the financing of the acquisition and construction of improvements to be initiated under contracts entered into or proposed to be entered into pursuant to Section 66462 of said Government Code, and the names of any mortgagees or beneficiaries thereunder, and said City has not required any additional evidence over and above said affidavit and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of said Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings shall be had pursuant to the Municipal Improvement Act of 1913, Division 12 of said Streets and Highways Code and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915, Division 10 of said Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions of Division 4 of said Streets and Highways Code other than those referred to herein be, and they are hereby, dispensed with. -3- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of September, 1984, by the following vote of the members the AYES, and in favor thereof, Councilmen: NOES, Councilmen: ASSENT, Councilmen: City Clerk of the City of Saratoga APPROVED: (SEAL) Mayor -4- EXHIBIT "A" a) The construction of water mains, valves, tees, hydrants and services, where required, together with appurtenances thereto and connections to existing mains and grading of rights -of -way therefor where easements are required; in Pierce Road from the easterly line of the northwest 1/4 of Section 2, T8S, R2W, MDB &M thence southwesterly in Pierce Road 2,300 feet, more or less, to Palomino Way; in Palomino Way, easterly and northerly 540 feet, more or less, to a fire hydrant; in Mt. Eden Road from its intersection with Pierce Road generally northwesterly 7,400 feet, more or less, to a point 700 feet, more or less, easterly of the west 1/4 section line of Section 34, T7S, R2W, MDB &M; from a point on Mt. Eden Road 600 feet, more or less, west of the <` easterly line of said Section 34, running thence easterly and northerly in an unnamed road 1,000 feet, more or less, to the southerly line of Assessor's Parcel No. 503 -12 -1, continuing thence in easements to be acquired in Assessor's Parcel No. 503 -12 -1 in a northerly and easterly direction a distance of 1,200 feet, more or less, to a point 300 feet, more or less, south of the northerly line of said Assessor's Parcel No. 503 -12 -1 and 500 feet, more or less, east of the westerly line of said Assessor's Parcel No. 503 -12 -1, thence in a westerly and northerly direction 1,500 feet, more or less, in Assessor's Parcel Nos. 503 -12 -1 and 503 -11 -9 to a tank site in an enclave in the northwestern corner of Assessor's Parcel No. 503 -11 -9; from a point in Assessor's Parcel No. 503 -12 -1 300 feet, more or less, south of the north boundary thereof and 500 feet, more or less, east of west boundary thereof running easterly and southerly 2,300 feet, more or less, in Assessor's Parcel Nos. 503 -12 -1 and 503 -12 -24 to the easterly boundary of said Assessor's Parcel No. 503 -12 -24 100 feet, more or less, from the southwesterly corner of Assessor's Parcel No. 503- 15 -28; in Via Regina on the northerly line of the southwest 1/4 of the northwest 1/4 of Section 2, T8S, R2W, MDB &M, running thence northwesterly 900 feet, more or less, in Via Regina, thence in easements to be acquired in Assessor's Parcel No. 503 -69 -26 northeasterly 400 feet, more or less, and northwesterly 400 feet, more or less, to a point on the northerly section line of said Section 2, 600 feet, more or less, east of its northwest corner, thence in Assessor's Parcel No. 503 -12 -7 in a northerly direction 200 feet, more or less, and easterly 700 feet, more or less, to an existing private road in Assessor's Parcel No. 503- 12 -24, thence southeasterly 800 feet, more or less, in said private road and Quarry Road to the intersection of Quarry Road and Vaquero Court; from a point on Pierce Road at its intersection with Sarahills Drive thence northeasterly 900 feet, more or less, in Pierce Road to Chalet Clotilde Drive, thence northerly 250 feet, more or less, in Chalet Clotilde Drive to its northerly terminus, thence northwesterly 300 feet, more or less, in easements to be acquired, through Assessor's Parcel No. 503 -51 -3 to a point on the northerly line thereof 10 feet, more or less, westerly of the southeasterly corner of Assessor's Parcel No. 503- 15 -31, thence northerly 300 feet, more or less, in Assessor's Parcel No. „ 503 -15 -31 parallel to its easterly boundary to Chiquita Way. r-1 In= - f-I I 11%t b) The construction of a water storage tank, together with controls and appurtenances on property to be acquired at the northwesterly corner of Assessor's Parcel No. 503 -11 -9 together with the construction of an access road.from said water storage tank site running thence easterly and southerly, in easements to be acquired 1,500 feet, more or less, in Assessor's Parcel Nos. 503 -11 -9 and 503 -12 -1 to a point 300 feet, more or less, south of the northerly line of Assessor's Parcel No. 503 -12 -1 and 500 feet, more or less, east of the westerly line of said parcel, thence in a southerly and westerly direction 1,000 feet, more or less, to the terminus of an unnamed street at the southerly line of Assessor's Parcel No. 503 -12 -1. c) The construction of a water storage tank and booster pump station, including pumps, automatic controls, electrical equipment, piping and valves together with all appurtenances thereto on property to be acquired adjacent to the easterly side of Mt. Eden Road 500 feet, more or less, north of the southeasterly corner of Section 34, TES, R2W, MDB &M. d) The construction of an emergency fire protection road in Assessor's Parcel Nos. 503 -12 -1 and 503 -12 -24 extending from a point at the tank access road in Assessor's Parcel No. 503 -12 -1 300 feet, more or less, south of its northerly line and 500 feet, more or less, east of its westerly line running thence easterly and southerly 2,300 feet, more or less, in Assessor's Parcel Nos. 503 -12 -1 and 503 -12 -24 to the easterly boundary of Assessor's Parcel No. 503 -12 -24 100 feet, more or less, from the southwesterly corner of Assessor's Parcel No. 503- 15 -28. e) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same. City of Saratoga Water Imp. Proj. No. 1984 -1 03/21/84 (ii) 7 -088 WMAM:PDA:rva 08/21/84 12c RESOLUTION NO. A RESOLUTION APPOINTING ATTORNEYS WATER IMPROVEMENT PROJECT NO. 1984 -1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, this Council proposed to undertake proceedings pursuant to appropriate special assessment and assessment bond acts for the acquisition, construction and financing of public improvements in said City; and WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and conduct of said proceedings in connection with said acquisitions and improvements; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of WILSON MORTON ASSAF & McELLIGOTT, San Mateo, California, be, and it is hereby, appointed and employed to do and perform all legal services required in the conduct of said proceedings, including the preparation of all papers not required to be prepared by the Engineer, examining and approving the engineering documents and advising the Engineer in the preparation of his work, advising all City officials on all matters relating thereto when called upon, and furnishing its legal opinion on the validity of said proceedings and bonds, and that its compensation be, and it is hereby, fixed at two percent (2 -1/28) of the total balance to assessment, as confirmed, or $2,750, whichever is greater, together with reasonable fees for services in acquiring easements or in eminent domain or other suits, to be assessed as an incidental expense of said proceedings. 2. That the fees provided to be paid herein be paid from said assessments to be levied and bonds to be issued, and not otherwise. ;A. 1 I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of September, 1984, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES, Councilmen: ASSENT, Councilmen: APPROVED: Mayor bk -2- City Clerk of the City of Saratoga (SEAL) 7 -193 WMAM:PDA:rva 08/28/84 12c RESOLUTION NO, A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO THE EXERCISE OF EXTRATERRITORIAL JURISDICTION TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT BENEFITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS WATER IMPROVEMENT PROJECT NO. 1984 -1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, it is the intention of this Council to undertake appropriate special assessment and assessment bond proceedings for the acquisition and construction of the public improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein; WHEREAS, this Council proposes to assess the costs of said acquisitions and improvements and the expenses incidental thereto upon a district benefited thereby, the exterior boundaries of which are the coterminous boundaries of the composite and consolidated area shown on the map thereof on file in the office of the City Clerk; WHEREAS, a portion of said acquisitions and improvements to be made are within the unincorporated territory of the County of Santa Clara and a portion of the lands to be assessed to pay the cost and expenses thereof is unincorporated territory within said County; WHEREAS, said acquisitions and improvements to be made are of such a character that they will directly and peculiarly affect property not only within the boundaries of the City of Saratoga but also the unincorporated territory within the County of Santa Clara, and the purposes sought to be accomplished can best be accomplished by a single comprehensive scheme of work; WHEREAS, there has been filed with this Council a form of Resolution of Intention to be used in said proceedings; and WHEREAS, the public interest, convenience and necessity will be served by the making of said acquisitions and improvements and the levying of said assessments; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That request be, and the same is hereby made of the Board of Supervisors of the County of Santa Clara, it being the legislative body having jurisidiction over the unincorporated territory in which a portion of said acquisitions and improvements are to be had and made and said assessments are to be levied, grant to this City its consent, expressed by resolution, to the ordering of said acquisitions and improvements, to the formation of the assessment district, and to the assessment of the costs thereof upon the property benefited thereby, and the assumption of jurisdiction thereover for the purposes aforesaid, and to the making of such changes and modifications in said work or acquisitions,.in said assessments, or in the boundaries of said assessment district prior to or during the course of said proceedings as may be proper or advisable in the manner provided by law, and to the conduct of such supplemental assessment or reassessment proceedings as may be necessary to complete the acquisition, construction and financing of said acquisitions and improvements. 2. That said Board, in said resolution, grant to this City its consent to open all such public streets as are required for the installation of said public improvements, said work to be done under the direction of the Director of Community Development of said City and to the satisfaction of the Director of Transportation of said County, and in conformity with good engineering practice. The Director of Community Development of said City shall require of the contractor that all of the provisions of the specifications approved by this Council be complied with to the end that no greater amount of ditches are open at any time than is necessary, that they shall be adequately lighted and barricaded, u that they shall be promptly backfilled and that the surface of the streets shall be restored.with materials of like quality and character -2- as those existing therein at the time of such work and to its former condition and state of usefulness as nearly as may be. 3. That request be, and the same is hereby, made that the form of Resolution of Intention to be adopted, be approved. 4. That the City Clerk of this City is hereby directed to file with the Clerk bf the Board of Supervisors of the County of Santa Clara a certified copy of this resolution, together with a copy of said Resolution of Intention. I hereby certify that the foregoing.is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of September, 1984, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES, Councilmen: ASBENT, Councilmen: City Clerk of the City of Saratoga APPROVED: (SEAL) Mayor -3- � y Mann- EXHIBIT "A" a) The construction of water mains, valves, tees, hydrants and services, where required, together with appurtenances thereto and connections to existing mains and grading of rights -of -way therefor where easements are required; in Pierce Road from the easterly line of the northwest 1/4 of Section 2, T8S, R2W, MDB &M thence southwesterly in Pierce Road 2,300 feet, more or less, to Palomino Way; in Palomino Way, easterly and northerly 540 feet, . more or less, to a fire hydrant; in Mt. Eden Road from its intersection with Pierce Road generally northwesterly 7,400 feet, more or less, to a point 700 feet, more or less, easterly of the west 1/4 section line of Section 34, T7S, R2W, MDB &M; from a point on Mt. Eden Road 600 feet, more or less, west of the easterly line of said Section 34, running thence easterly and northerly in an unnamed road 1,000 feet, more or less, to the southerly line of Assessor's Parcel No. 503 -12 -1, continuing thence in easements to be acquired in Assessor's Parcel No. 503 -12 -1 in a northerly and easterly direction a distance of 1,200.feet, more or less, to a point 300 feet, more or less, south of the northerly line of said Assessor's Parcel No. 503 -12 -1 and 500 feet, more or less, east of the westerly line of said Assessor's Parcel No. 503 -12 -1, thence in a westerly and northerly direction 1,500 feet, more or less, in Assessor's Parcel Nos. 503 -12 -1 and 503 -11 -9 to a tank site in an enclave in the northwestern corner of Assessor's Parcel No. 503 -11 -9; from a point in Assessor's Parcel No. 503 -12 -1 300 feet, more or less, south of the .north boundary thereof and 500 feet, more or less, east of west boundary thereof running easterly and southerly 2,300 feet, more or less, in Assessor's Parcel Nos: 503 -12 -1 and 503 -12 -24 to the easterly boundary of said Assessor's Parcel No. 503 -12 -24 100 feet, more or less, from the southwesterly corner of Assessor's Parcel No. 503- 15 -28; in Via Regina on the northerly line of the southwest 1/4 of the northwest 1/4 of Section 2,,T8S, R2W, MDB &M, running thence northwesterly 900 feet, more or less, in Via Regina, thence in easements to be acquired in Assessor's Parcel No. 503 -69 -26 northeasterly 400 feet, more or .less, and northwesterly 400 feet, more or less, to a point on the northerly section line of said Section 2, 600 feet, more or less, east of its northwest corner, thence in Assessor's Parcel No. 503 -12 -7 in a northerly direction 200 feet, more or less, and easterly 700 feet, more or less, to an existing private road in Assessor's Parcel No. 503- 12 -24, thence southeasterly 800 feet, more or less, in said private road and Quarry Road to the intersection of Quarry Road and Vaquero Court; from a point on Pierce Road at its intersection with Sarahills Drive thence northeasterly 900 feet, more or less, in Pierce Road to Chalet Clotilde Drive, thence northerly 250 feet, more or less, in Chalet Clotilde Drive to its northerly terminus, thence northwesterly 300 feet, more or less, in easements to be acquired, through Assessor's Parcel No. 503 -51 -3 to a point on the northerly line thereof 10 feet, more or less, westerly of the southeasterly corner of Assessor's Parcel No. 503- 15 -31, thence northerly 300 feet, more or less, in Assessor's Parcel No. 503 -15 -31 parallel to its easterly boundary to Chiquita Way. �.. T7=lr b) The construction of a water storage tank, together with controls and appurtenances on property to be acquired at the northwesterly corner of Assessor's Parcel No. 503 -11 -9 together with the construction of an access road from said water storage tank site running thence easterly and southerly,, in easements to be acquired 1,500 feet, more or less, in Assessor's Parcel Nos. 503 -11 -9 and 503 -12 -1 to a point 300 feet, more or less, south of the northerly line of Assessor's Parcel No. 503 -12 -1 and 500 feet, more or less, east of the westerly line of said parcel, thence in a southerly and westerly direction 1,000 feet, more or less, to the terminus of an unnamed street at the southerly line of Assessor's Parcel No. 503 -12 -1. c) The construction of a water storage tank and booster pump station, including pumps, automatic controls, electrical equipment, piping and valves together with all appurtenances thereto on property to be acquired adjacent to the easterly side of Mt. Eden Road 500 feet, more or less, north of the southeasterly corner of Section 34, VS, R2W, MDB &M. d) The construction of an emergency fire protection road in Assessor's Parcel Nos. 503 -12 -1 and 503 -12 -24 extending from a point at the tank access road in Assessor's Parcel No. 503 -12 -1 300 feet, more or less, south of its northerly line and 500. feet, more or less, east of its westerly line running thence easterly and southerly 2,300 feet, more or less, in Assessor's Parcel Nos. IV 503 -12 -1 and 503 -12 -24 to the easterly boundary of Assessor's Parcel No. 503 -12 -24 100 feet, more or less, from the southwesterly corner of Assessor's Parcel No. 503- 15 -28. e) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same. City of Saratoga Water Imp. Proj. No. 1984 -1 03/21/84 • (ii) Or.. '` CITY OF SIIRNICGA A=DA BILL NO. RS Initial: Dept. Hd. DATE: August 20, 1984 DEPT: City Manager C. Mgr. SUBJECT: Early Warning Fire Reporting System for High Fire Hazard Zone Issue Summary Because of the difficulty and remoteness of terrain in the northwest hillside zone, the Saratoga Fire District proposed an Early Warning Fire Reporting System (EWFRS) several years ago as a means of maintaining adequate fire protection within the developing northwest hillside area. For the past three years, the Saratoga Fire District has been developing the EWFRS in conjunction with City staff and alarm system industry companies. Saratoga Fire District now has acquired the technical equipment needed for establishing the EWFRS and has demonstrated its effectiveness. The Saratoga General Plan contemplates the adoption of an EWFRS in the north- west hillside area as as important element of adequate fire protection. With the capacity of the Saratoga Fire.District to establish and maintain such a system now demonstrated, it is appropriate that the City of Saratoga adopt the necessary implementing ordinance in conjunction with the Saratoga Fire, District and in conformance with the City's General Plan. The ordinance proposed to be adopted by the City would require all new residential development within the fire hazard zone to be equipped with automatic fire sensing devices. This ordinance would amend the City's uniform building code to include such requirements. Once the City's ordinance is in place, Saratoga Fire District, acting under its own jurisdiction, would adopt an ordinance requiring that residential units within the high hazard zone connect the automatic fire warning devices to the EWFRS maintained in the Saratoga Fire District office by way of public telephone lines. Saratoga Frie District would assume all responsibility for the management and maintenance of the EWFRS and intends to charge monthly fees for recovering its costs.. The City of Saratoga would not assume any responsibility or liability for the system beyond..the requirement that new residential units install the fire detection devices at time of construction. Recommendation Adopt the attached ordinance amending the City's uniform building code requiring that fire detection devices be installed within new construction in the high fire hazard zone of the City. Fiscal Impacts There are no known fiscal impacts upon the City government. Exhibits /Attachments Ordinance Report from Ernest O. Krraule, Chief, Saratoga Fire Department 0 dinancg �dc�pted by Fire District 9/25./84 ounce c ion 9/5: Introduced.brdinance 5 -0. Next reading after Fire District hearing. 10/3: Adopted ordinance 5 -0. (Ordinance 38.121) ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 3 -8, 3 -8.2, AND 3 -9 OF ARTICLE II OF CHAPTER 3 OF THE SARATOGA CITY CODE PERTAINING TO THE ADOPTION BY REFERENCE OF THE UNIFORM BUILDING CODE AND AMENDMENTS THERETO The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Section 3 -8 of Article II of Chapter 3 of the Saratoga City Code is hereby amended to read as follows: Sec. 3 -8. Uniform Building Code — Adopted. The 1982 Edition of the Uniform Building Code including Appendix Chapters 1, 7, 11, 12, 23, 32, 35, 38, 49, 51, 53, 55 and 57 only, as compiled and published by the International Conference of Building Officials, three copies of which Uniform Building Code have been filed for use and examination by the public in the office of the City Clerk of this city, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Code for this city. SECTION 2: Section 3 -8.2 of Article II of Chapter 3 of the Saratoga City Code is hereby amended to read as follows: Sec. 3 -8.2 Same —Plans and Specifications; Inspection, Approval and Maintenance of Facilities. The plans and specifications required by section 302(b) of the Building Code shall include a drainage plan depicting thereon both existing and proposed grades, and all proposed drainage facilities, unless such requirement is waived by the building official. All grading and drainage facilities shall be completed and installed prior to final inspection, and the building official may require certification from the owner, the contractor or a qualified engineer, that all finished grades are in compliance with the approved plans. Neither approval of such drainage plans nor approval of the completed facilities on final inspection shall constitute any representation as to the adequacy of soil or slope stability, nor the adequacy of surface or sub - surface drainage controls, nor that any soil or water - related damage will not occur to the site or to any adjoining property. Maintenance of all on -site drainage facilities, whether or not ultimately connected to a public storm drain, shall be the sole responsibility of the property owner and not the City. -1- SECTION 3: Section 3 -9 of Article II of Chapter 3 of the Saratoga City Code is hereby amended to read as follows: Sec. 3 -9. Uniform Building Code — Additions, Deletions and Amendments. The following additions, deletions and amendments are hereby made to the 1982 Uniform Building Code hereinabove adopted by reference: Sec. 3-9.1 Reserved. Sec. 3 -9.2. Reserved. Sec. 3-9.3. Reserved. Sec. 3 -9.4. Reserved. Sec. 3 -9.5. Reserved. Sec. 3-9.6. Reserved. Sec. 3-9.7. Reserved. Sec. 3 -9.8. Section 1210 Amended. Section 1210 of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: Section 1210(a)(1). Findings. Reference is hereby made to Sheets 96, 111, 125 and 126 of the Santa Clara County Cadastral Planimetrics Maps, showing and delineating thereon an area of the City which has been designated as a hazardous fire area, three copies of which Maps have been filed with the Clerk of the City for use and examination by the public, and which Maps are hereby specifically referred to and incorporated herein by reference. Section 9.110 of the Fire Prevention Code of the City of Saratoga defines, inter alia, a "hazardous fire area" as "any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated, or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion...." The City Council of the City of Saratoga has found and determined that the area designated as a hazardous fire area on each of the foregoing sheets of the aforementioned Maps does constitute a "hazardous fire area" within the aforementioned definition. The response time of emergency equipment to calls for aid in the hazardous fire area is impaired due to: (1) the non - availability of access to some portions of the hazardous fire area, (2) the existence of steep, narrow streets and roadways located in the hazardous fire area, (3) the lack of connecting streets or roadways in the the -2- hazardous fire area, and (4) the unusual topography of the hazardous fire area. Further, the presence of heavy vegetation in the hazardous fire area increases the potential for the rapid spread of any fire which may start in that area, particularly during seasonal dry spells. In order to provide timely life safety warning to inhabitants of residential structures located in the designated hazardous fire area, and to provide the earliest possible opportunity to alert fire suppression personnel of any potential fire condition in the hazardous fire area, it is necessary for the City to amend Section 1210 of the Uniform Building Code, 1982 Edition, pertaining to fire warning and sprinkler systems. (2) Fire Warning Systems. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43 -6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When alterations, repairs or additions requiring a permit and having a valuation in excess of One Thousand Dollars ($1,000) occur, or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power, or in buildings which undergo alterations, repairs or additions regulated by the second paragraph of this subsection. A smoke detector shall be installed in the basement of dwelling units having a stairway which opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping area. -3- (3) Early Warning Fire Reporting System. In addition to the requirements contained in subsection 2 above, an Early Warning Fire Reporting System shall be installed and maintained in a fully operational condition in each new dwelling upon which construction is commenced from and after the effective date of this ordinance in the hazardous fire area described, . defined and delineated in subsection (1) above. Further, when an existing dwelling located in the described, defined and delineated hazardous fire area is altered, repaired, added to, or expanded so as to increase the floor space under roof by. fifty percent (50 %) or more of the amount of floor space under roof, immediately prior to such alteration, repair, addition or expansion, an Early Warning Fire Reporting System shall be installed and maintained in a fully operational condition in each such dwelling. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equalling or exceeding the above fifty percent (50 %) limit where the work of construction or improvement is done at different time intervals requiring two (2) or more building permits within a period of five (5) years after completion of the first improvement, where although each is for a project emcompassing an addition of less than fifty percent (50 %) of increased floor space, but which when combined with other expansions during said five (5) year period of time, increased the amount of floor space under roof by fifty percent (50 %) or. more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions, or expansions. An Early Warning Fire Reporting System may be installed in any dwelling located within the city limits of the City of Saratoga other than within that hazardous fire area described, defined and delineated in subsection (1) above. Each Early Warning Fire Reporting System required or permitted to be installed pursuant to this section shall include, contain, and incorporate the following components connected in such a manner as to be capable of automatically transmitting by standard telephone lines or such other means as may be designated and required from time to time by the Board of Fire Commissioners of the Saratoga Fire District, designated alarm signals from any such installation to the Saratoga Fire District Digital Alarm Communicator Receiver: (A) A California State Fire Marshal listed and approved solid state electronic Digital Alarm Communicator Transmitter. A 'Digital Alarm Communicator Transmitter with provision for connection of supervised integrating zone circuits can be used alone, or any Digital Alarm Communicator Transmitter may be used in conjunction with a California State Fire Marshal listed and approved Fire Alarm Control Panel which meets the requirements of National Fire Protection -4- Association Document 72A or 74. If a Fire Alarm Control Panel is used, the connection between the Fire Alarm Control Panel and the Digital Alarm Communicator Transmitter shall be through dry relay contacts on the Fire Alarm Control Panel, or other California State Fire Marshal listed configuration for the Digital Alarm Communicator Transmitter used. In addition, the Digital Alarm Communicator Transmitter and /or Fire Alarm Control Panel used shall incorporate the following features: (i) The Digital Alarm Communicator Transmitter shall be capable of transmitting to the Saratoga Fire District one or more multiple digit numbers, as may be assigned by the Saratoga Fire District, via commercial telephone lines or such other means as may be designated and required, from time to time, by the Board of Commissioners of the Saratoga Fire District, and shall communicate information in such a manner and of such content as to be compatible with such specifications as may be made and published by the Fire Chief of the Saratoga Fire District. (ii) The Digital Alarm Communicator Transmitter shall be capable of transmitting a separate and distinct code for each of the following conditions: Zone 1: Smoke detection zone in alarm Zone 2: Heat detection zone in alarm Zone 3: Manual station zone in alarm Zone 4: Sprinkler zone in alarm Zone 5: Medical emergency in alarm Zone 6: Digital Alarm Communicator Transmitter low battery indication Zone 7: Digital Alarm Communicator Transmitter and Fire Alarm Control Panel general trouble indication Zone 8: Digital Alarm Communicator Transmitter test signal transmission once every 24 hours. If the Digital Alarm Communicator Transmitter and /or the Fire Alarm Control Panel incorporate Class "A" initiating zones, they shall be dedicated to fire alarm zones 1 through 4 above. (iii) The Digital Alarm Communicator Transmitter shall be capable of communicating an entire alarm signal -5- the standards contained in National Fire Protection Association Document 72E -1982: (i) On the ceiling or wall at a point located in the corridors or areas giving access to rooms used for sleeping purposes. (ii) In each bedroom, located on the ceiling or wall of the room. (iii) On the ceiling or wall near the base of any stairway where sleeping rooms are on an upper level. (C) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed automatic detectors, of the combination fixed - temperature rate -of -rise type, arranged to communicate with the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel, and installed in the following locations at points approved by the Fire Chief of the Saratoga Fire District and in accordance with the standards contained in National Fire Protection Association Document 72E -1982: (i) All rooms in the dwelling, including furnace rooms, excepting those areas specified in subparagraph (B) above, and bathrooms. (ii) Attics. (iii) Garages. Exceptions to these standards may be permitted by the Fire Chief of the Saratoga Fire District. (D) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed audible warning devices of sufficient number and adequately located, pursuant to National Fire Protection Association Document 74 -1984, within the dwelling living and sleeping areas so as to cause a level of audibility of not less than fifteen (15) decibels above ambient noise levels measured four (4) feet above the floor with bedroom doors closed. (b) Sprinkler Systems. When required by other provisions of this Code, automatic sprinkler systems and standpipes shall be installed as specified in Chapter 38 of The Uniform Building Code, 1982 Edition. Notwithstanding any other provisions of The Uniform Building Code, 1982 Edition, as amended, an automatic sprinkler system shall be installed in the garage and /or carport portion(s) of any new dwelling constructed in the hazardous fire area designated, described and delineated in subparagraph (a)(1) above when said garage and /or carport has a capacity to -7- accommodate three (3) or more automobiles. Further, an automatic sprinkler system shall be installed in the garage and /or carport portion(s) of any existing dwelling located in the described, defined and delineated hazardous fire area, when such dwelling is altered, repaired, added to, or expanded so as to increase the floor space under roof by fifty percent (50 %) or more of the amount of floor space under roof, immediately prior to such alteration, repair, addition, or expansion when said garage and /or carport has a capacity to accommodate three (3) or more automobiles. For the purposes of this paragraph, any alteration, repair, addition, or expansion shall be considered as equalling or exceeding the above fifty percent (50 %) limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five (5) years after completion of the first improvement, where although each is for a project emcompassing an addition of less than fifty percent (50 %) of increased floor space, but which when combined with other expansions during said five (5) year period of time, increased the amount of floor space under roof by fifty percent (50 %) or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions, or expansions. Moreover, an automatic sprinker system may be installed in lieu of the approved and listed automatic detector, the combined fixed temperature rate of rise and /or fixed temperature only type, as required in subparagraph (a)(3)(C) above, in those portions of the dwelling identified in subparagraph (a)(3)(C) above. The requirements of subparagraph (a)(3)(B) above must still be complied with regardless of the installation of an automatic sprinkler system. Any automatic sprinkler systems installed pursuant this section shall be installed in accordance with the standards contained in National Fire Protection Association Document 13D and shall be equipped with water flow switches that have a built in retard assembly, which will send an alarm signal to the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel when the sprinkler system is activated. (c) Early Warning Fire Reporting System -- Installation Permit Required. An installation permit shall be obtained from the Saratoga Fire District prior to the installation of any Early Warning Fire Reporting System required or permitted to be installed pursuant to this Section. Suitable documentation relative to the proposed installation shall be submitted to the Saratoga Fire District for approval at the time application is made for such a permit. This documentation shall include the following: (A) A complete list of all fire alarm equipment and devices to be installed, including: '.E section. The Saratoga Fire District may establish a fee for the plan review and inspection services it renders pursuant to this section. The licensed installer shall provide the Saratoga Fire District with a set of as built plans for the system." Sec. 3-9.9. Reserved. Sec. 3-9.10. Reserved. Sec. 3-9.11. Reserved. See. 3-9.12. Reserved. Sec. 3-9.13. Reserved. Sec. 3-9.14. Reserved. Sec. 3-9.15. Reserved. SECTION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this day of , 1984, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK -10- MAYOR x 71 M1 A COUNTY OF SANTA CLARA 14380 SARATOGA AVENUE SARATOGA, CALIF. 95070 Telephone: (408) 867 -9001 MEMO TO: COUNCIL MEMBERS, CITY OF SARATOGA RE: SARATOGA FIRE DISTRICT EARLY WARNING ALARM SYSTEM FROM: ERNEST O.KRAULE, CHIEF, SARATOGA FIRE DEPARTMENT DATE: 28 AUGUST 1984 As early as 1975 the Saratoga Fire District explored with the City of Saratoga the Fire and Life Safety needs of the South and Southwestern hillside area of the city.. This area is defined as a hazardous fire area in accord with the Santa Clara County Cadastral Planimetric maps and officially recognized as such by the City of Saratoga and the Saratoga Fire District. Meetings with then City Manager Robert Beyer(Summer,1978) and Mr.Wimberly, Director of Inspection Services(20 July 1979) related to the emergency needs of the area and the need for an Early Warning Alarm System within the area prompted the Saratoga Fire District Board of Commissioners by Resolution, 14 April 1980, to .study the development of a system which could be utilized to immediately alert occupants of residences in the hazardous area of the presence of an emergency and, at the same time, automatically summon fire fighting and life saving assistance. Based on this encouragement from the City of Saratoga and the study of tech- nologies supporting the presence of such systems in commercial and industrial complexes as reported by the Federal Management Agency of the U.S.Fire Admin- istration, the Fire District found that such a system could,indeed,be feasible for residences in the hazardous fire area where sizes'of homes range from 4,500 to 9,750 square feet. An Early Warning Alarm System has been established pro- viding a means of immediately alerting occupants of residences in the area of the presence of fire or other emergency in their' residence and, at the same time, automatically summoning fire fighting and life saving assistance. John Hopkins University Applied Physics Laboratory reports that: "It takes a fire department 5 to 6 minutes to respond to the average residential fire after notification. However,in the absence of an automatic notification system, the total elapsed time between the start of a fire and the time the fire department arrives is,on the average,more than 27 minutes." It should be noted that the time is increased considerably where detection.:6f the existence of a fire is delayed. The intrinsic value of the Early Warning Alarm System lies in the reduction of lapsed time between the incidence of an emergency and, in a matter of seconds, immediate notifi.ca,tion'directTy to the Saratoga Fire District. The Goal: Better Fire Prevention, Better Emergency Detection and Reporting and Early and Immediate Notification giving the Saratoga Fire Department the upper hand in meeting all emergencies! SCALE: N-OJV-7- Al 4 ,q I tv4z4R,.D60S 4kCA IQ OR.DINA1�iCE ,Nd. 1 - 84 A'WORbINANCE OF, THE SAItATOG� FIRE • PROTECTIONv DISTRICT HEQUIRINW!,; C,ONNECTIOIv , ,OF RESIDENTIAL EARLY'-. WAR NING'.1,FIRES`,4REPGRTINO ,SYSTEMS;XTO.'. THE SARATOGA FIRE `!.PROTECTION DISTRICT ",, 'REMOTE STATION The Board of Fire Commissioners of the Saratoga Fire • Protection District (hereinafter.'referred to as the "Saratoga Fire District ") does hereby ordain as follows: SECTION'.1: 'this Ordinance is hereby added ,to. ,the Uncodified Ordinances, of the Saratoga Fire •District to read as follows :,. . Connection. of Early. Warning Fire Reporting Systems to the, Saratoga Fir r6tection District Remote Station Sec. 1., . Findings.. The south and southwestern hillside area of the Saratoga. Fire. District. has 'been designated as a hazardous fire . area by the "•City of Saratoga; -and is so delineated on,sheetsM,,,1.11, 125, end 126 of the Santa Clara County ' Cadastral Planimetric; Maps. The response time, of emergency equipment to calls for, aid 'in that hazardous fire area is impaired due to (1) the non - availability of access to some of that hazardous fire area, (2), steep, narrow streets and roadways; (3) the lack of connecting streets or roadways; and (4) the unusual topography of that area., •. Further, . the situation is aggravated by' the- presence of heavy vegetation in certain areas that is particularly hazardous durins seasonal dry periods. Due to the. aforementioned hazards, Section 3 -9.8 of the Saratoga City Code' requires that. an Early Warning Fire Reporting System shall be. installed and maintained in a fully operational condition in ;every new dwelling constructed in the described,.' defined and delineated hazardous fire area, and in every existing "dwelling located.in the :described r defined and delineated hazardous lire • area, when such . dwelling;is,;altei•ed, repaired, added to orb expanded so as to 1;1r,;lleasa` the floor'��sgace ,und'er roof.' by fifty percent. (5056) or .;more of the amount ;of floor ;;`space: under, .roof immediately prior to.'`such, ,alteration; repair, addition ,,ot :expansion., , (For the purposes of, that section, any alteration, repair, addition- ;: or - expansion .: shall .be-,> considered . as': equalling': exceeding, ,the above � fifty 'percent (50% .;limit :'where .the work � of construction or improvement;is:done at.diffeient:time'intervals requiring two (2) or more building permits, within a-perio' &- of'five (5) years after completion of the first improvement,, where although euch is. for :, a project 'encompassing , an'4ddition,' of less than fifty percent „(50,96). increased floor space, but which when combined.; with, other, expansions during said five (5) year period of time increase`the amount.'of.:.floor space under roof by fifty percent (501,Q or more.of.;that amount :which existed' immediately prior.-to the commencement•;;;of the first of <:the. several alterations, repairs, additions or :expansions). ,;Moreover, Section' 3 -9.8 of the Saratoga 'City ?Code .provides that ;an ;,I✓,arly Warning Fire Reporting System may be installed and maintained ;�in':a_fully..operational condition in any dwelling located within the limits of the Saratoga Tire ` 0P1'1:EL /iViUNI /8/28/84 -1- District other than that area described, defined and delineated. as. a hazardous fire area on th'e ;aforementioned maps. In order to receive' the earliest possible warning from any of the aforementioned Early Warning Fire Reporting Systems regarding any potential or actual fire condition so that .fires may be prevented and suppressed and„ life and property, ; protected and preserved against the hazard's' of fire and conflagration;:_ And in order to provide the earliest possible response to signals indicating, that ,life • safety services are required or requested, ;tile Saratoga FIre� District finds that all of the m aforeentioned ' Early..'Warnmg ;'Fire { Reporting Systems should be connected so as'.. To communicate all of theirF ,t fire. alarrn and life safety signals',to the Sariatoga Fire '-,,Distric t Remote StA' A.1, Sec. 2.• Fire District Remote:. Station The Saratoga Fire District s shall provide•and operate a Fire; District,Re`mote;Station as'tI t �r mrnu's for. signals transmitted, by the. Early Warning Fire `Reporl.in� y items , installed pursuant to Saratoga•' City Code Section 3 =9.8. '1 hat '.Frre" , District 'Remote Station shall include a Digital Alarm Communicator'' ­­> Receiver operated by the Saratoga Fire District. The Saratoga Fire District reserves the right to encode and. program the Fire District Remote Station and to assign one (1) or more multiple digit numbers identifying each dwelling equipped with an Early Warning Fire Reporting System. The Fire District Remote Station shall be operated by the Saratoga Fire District on a twenty -four (24)' per day basis and shall ,have. the ability to receive the coded digital signal from each dwelling equipped with an Early Warning Fire Reporting System and convert any such signal received into useful information about the signalling dwelling. The Fire District Remote Station shall comply with the performance characteristics and standards as specified by the Fire Chief of the Saratoga Fire District. The Fire Chief of the Saratoga . Fire District shall also specify the type and amount of information which, shall be .programmed into the Fire District Remote Station systesri, regarding each dwelling equipped with an Early Warning Fire Reporting. System. , Use of the Fire District Remote Station shall be restricted to. authorized personnel of the Saratoga Fire :District. Sec. 3 ' Connection of the Early Warning Fire; Reporting 'System A' the Saratoga Fire District Remote Station. . All Early Warning, Fire Reporting Systems installed. pursuant to Saratoga City Code Section] 39.8 sliali ,be,:connected to the Fire: District Remote Station as 'descr'ibed in and;; 'required �by Section 2 ;above: The legal owner 'of each dwelling for which an Early Warning Fire_• Reporting System (hereinafter' referred "to as the "System ') has been:,, connected to the Saratoga Fire District Remote Statiom shall (1),*arrange`,.; for proper alarm tests to be made of the System at intervals pr.escribed:;,;: by the Fire Chief of the Saratoga Fire District; (2)..-'provide for., proper.:. maintenance of the System, including keeping in full••force and .effect a 4 warranty and /or a maintenance ,agreement for the System with System maintenance specialists approv.ed•.•by' the �.Sara,togaY4Fire -District, (3) obtain the approval of the' Saratoga f ire District' prior ,to ma, any alterations, modifications,, or additions,' to the System; °. and (11T program the System, so t.l)at all signals transmitter], or which. may be irai�sriiitted; i "0PPPi:L /,MUNI/8/28/84 by the System, area in a form acceptable to .the Saratoga Fire District. Sec. 4. MonthlV Service •Fee.. The legal owner, of each dwelling, for; which an Early warning Fire Reporting System has been connect ed'to''the .: . „� ,, ... , Saratoga Fire District Remote Station -shall be subject to a monthly,;::; service fee, in- an amount to be.' established by resolution of the Board. ;of„ Fire Commissioners of the Saratoga Fire` District.:.Thei- ant of such °; fee shall not exceed the estimated reasonable cost .for providing., the;;:;:., services specified under this Ordinance.:,, -If ,the :required monthly service; fee is not paid in full when due, the , Saratoga ,Fine District,; commence a, civil action for collectiort:' of,- the . amount then,'* ue, an owing. See. 5. Early Warning. Fire -Reporting, 3ystelns Annual al",Inspections. Each.. dwelling in which,. an, .Early,_; Warnings F,ire:�` 13eporting,i Syst'em isF required. or permitted to be. installed pursuant,t6'Ahis :Ordinance, shalhbe; . subject to annual inspections,. by employees, of; the Saratoga Fire District,:;:; or its, agents, for the purposes of ascertaining if the system is (1) being • ` maintained in a proper, condition, and (2) operating in a proper manner:, . . A fee, in an amount to be established by resolution of the Board of Fire Commissioners of the Saratoga Fire District, shall be assessed against the legal owner of each such dwelling for each such .annual inspection made• of such dw, ,lling. The amount of such fee shall not .r:: ^red -the estimated reasonable cost for providing the services specified ender, this Section. •If the required inspection fee is not paid, in full when due, the Saratoga Fire District, may commence a civil action for collection of the amount then due and owing. • o Sec. 6. Early Warning Fire Reporting Systems- -False Alarnlrs (a) In the evert an Early Warning Fire Reporting System transmits .a false alarm of a fire condition to the Fire District Remote Station, the Saratoga Fire District may issue a citation to the legal, owner of -the signalling dwelling. The citation shall set forth the .ime,and..' nature of the false alarm and state that a service charge is.due.and.,. payable within fifteen (15) days after service of . the citation:' ;' The,` amount of service charge shall be.. set by resolution of the Board ;of' Fire Commissioners of the Saratoga Fire District: (b) No service charge permitted pursuant, ~to this `section, shall be. charged for the first false alarm: received by, the Fire District .` Remote Station :each.:'-Cal Ohdar year by: each Early Ytirarning' Fire., ; Reporting System installed pursuant to this Ordinance. (c) The determination of any false alarm may be appealed by the legal:::.' „' . owner of the assessed dwelling by submitting a written request for- a hearing to the Fire Chief within ten (10) days of being`serv:ed-;. with the citation. The •Fire° Chief shall; within five. (5) days: after. receiving such request, set a hearing ;withh the, Board of Fire Commissioners of the Saratoga Fire: i)istriet °faiid ye written.' notice - thereof to the owner. The owner. may:: appear,.- at: such. hearing rind testify if he or she desires. Within forty - eight` (48) '1'01'l'i�l, /til ClI�fI /3/28/81 -3- hours after such a hearing is concluded, the Fire Chief shall issue a written statement of the Board's decision which shall be final, and shall mail a copy of such decision to the legal owner. If the decision of the Board of Fire Commissioners of the Saratoga Fire District is that the service charge is' due to be paid. the, legal owner of the assessed dwelling shall pay said service.. charge Within; five (5) days of receiipt of the written statement of decision. i (d) If any service charge is not paid in full when' -due; ci�}zet ;after', issuance or appeal, the Saratoga Fire .'.District may com mence :a' civil action for collection of the amount then, due owing. . r Sec. 7. Early Warning .Fire :.;Reporting, .System - Enforcement,: iThe Fire Chief of the Saratoga Fire District shall be responsible for the administration and enforcement of the provision's of this Ordinance: ` . '' Sec.•8. Early_ • Warning' Fire Reportm � System= -Rules and Regulations. The Fire Chief of the Saratoga Fire District) is. authorized to make and enforce such rules and regulations as may be necessary ,"to carry out the intent of this Ordinance. Three (3) certified copies.of such, rules and regulations shall be filed with the Board of Fire Commissioners of the Saratoga Fire District and shall be effective immediately thereafter, and additional copies shall' be kept in the offices of the Saratoga Fire District for distribution to the public. Sec. 9. Early Warning Fire Reporting System -- Penalties. Any violation of the provisions of this Ordinance shall be punishable as a misdemeanor. Every day any violation of the provisions of this Ordinance shall continue shall be regarded as a new and separate offense. SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a Court of competent jurisdiction to be invalid, ; such decision shall not affect the validity of the remaining portions of, „this;; Ordinance. The Board of Fire Commissioners of the Saratoga Fire District hereby'' declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any 'one .or° more sections, subsections, sentences, clauses or, phrases may be held invalid or' unconstitutional. SECTION 3: This ,ordinance shall take effect and be in full :force and effect thirty 30 days lfton-i and after the date of its passage and adoption. 11'0 P Pr,L /M UNI /8/28%84 -4- Passed and adopted by the Board of Commissioners of the Saratoga Fire Pro ection District, State of-:, California, this .Z.St: day of 1984, by the following vote: AYES: NOES: ABSENT: CHAIRPERSONV'.,•,.. . CO aqsgro E CO MISSIONER ATTEST: BOARD CLERK TOPPEL /MUNI/8/28/84 -5-