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Home My WebLink About103-Attachment B.pdfCTTY OF SARKTOGA CITY COUNCIL EGFf APPEAL APPLICATION MAY 31 Appellant Name —IW C-WIS71 /0 Address oZ((020 WAyPOC-Le- A0 Telephone #: �06'- (oOS- a Name of Applicant (If di.lferenrthanAppellant): _PGNG L( ✓ �_/9G __ Project file numher and address: Decision being appealed: _ / %/1/C�ogt /fijlC�l' Ft'WA(fT._ W4, (> &tl'0 07 —09? Grounds for appeal (T.erter may be arrached)• See ArmtB y G&rnp� Applic nt Signuturc: /f Dare: Municipal Codc Section 2.05.030 (a) appeals: • No Hearing $100.00 • With Hearing $200.00 ❑ Municipal Code Section 15- 90.010 appeals (Zoning related): • Appeals from Administrative Decisions to the Planning Corrunission $150.00 ❑ Municipal Code Section 15.90.020 appeals (Zoning related); • Appeaals from the Planning Commission to the City Council $250.00 Request for a Continuance: • First Request No Charge • jnd Request $2511.00 This Application must he submitted to the City Clerk within 15 days of the date of the decision. Date Received: U � `nq Hearixig Date: Fee: Receipt #: 7T.7'.1 /CPb AP6 U'A:01 FCCRIQF HcNMHAHC 4n AIT'):WOJJ CC:RT 1gRa- T.0 -AHI.I 21120 Wardell Rd Saratoga, CA 95070 May 31, 2007 To. Saratoga City Council: We are writing this letter to support the appeal of the issuance of an encroachment permit for the driveway at 20865 Wardell Road. We are the neighbors on Wardell Road and Arroyo de Arguello. We have several issues with this project, including the following Safety. The current driveway design represents a hazard for the existing neighbors. 2. Runoff/Slide hazards. The proposed driveway creates more safety hazards due to the steep slope and runoff that will be created. 3. Trash pickup. The proposed driveway connection at Wardell road interferes with the trash pickup area that has been in place for over 50 years. 4. Compliance with the city code. We believe that the encroachment of this driveway onto Wardell violates the city code. Background Prior to the issuance of this encroachment permit, there was a shared driveway which received approval in late 2006. The approval of the driveway took place based on misleading and inaccurate descriptions of the location of the driveway. Given the fact that the applicant (Mr. Arrgawal) misled the neighbors in order to bypass any objections and get approval, and that the city has no mechanism to reconsider the issuance of this permit, the neighbors have tiled suit to enjoin the construction of this driveway. This suit is now pending. We are presently asking the city council to reject the encroachment permit associated with this driveway. Our issltes with the encroachment permit.: 1. Safety We have attached the report from our traffic engineer which indicates that this driveway creates a hazardous situation for the neighbors. Placing a stop sign at the bottom of the driveway does not alleviate the hazard — no one has authority to enforce a stop sign on private property. in addition, a stop sign does not actually stop a car — and given the steepness of this driveway, especially during wet weather, cars on this driveway will be PTA—A 1CM6 F741 TM: 01 rccAi QG HL)n IHAHC an KIT- ):WOJJ bC:OT 11. P- TC -AHI.1 hard- pressed to stop before the intersection with our road. Finally, cars on this driveway and our road will be unable to see each other until it is too late due to the sharpness of the turn and the differences in elevation oft the two roadways. At a mimimum, there is legitimate disagreement as to the safety of this driveway, and we believe that alternatives to this unsafe driveway need to be studied further. We will discuss this further during the hearing, We respectfully request that the city council reject the encroachment permit based on sufity factors for the neighborhood nnn't pat our neighbors and children at risk with an unsafe driveway which isn't necessury. 2. RunollySlide hazards The end of Wardell Road is constantly inundated with water and mud during the rainy season (when we have a rainy season). Mud collects at the bottom of the hill, creating an unsafe driving condition. Adding this much impervious coverage to the hillside will only make this situation worse. This affects not only the neighbors at the end of Wardell, but also the intersection at Arroyo de Arguello as well. We respectfully request that the city council reject the encroachment permit until a study of the runoff hazards can be completed Don't put our whole neighborhood at risk by making a bad situation worse. 3. Trash Pickup The end of Wardell Road has been a trash pickup area for the current residents for over 50 years. Every time this issue has been raised, .Mr Arrgawal has waived his arms and said "we will put a new trash area over here" (pointing to the north side of the end of Wardell). Mr Arrgawal conveniently ignores the following. a. The trash company requires the trash cans to be outside the curb, not in a "trash pickup area ", b. The area he points to is on private property, and this property is not owned by any of the owners of the new lots, and c. The trash cans currently utilize the entire curb area at the cnd of Wardell, as well as part of the curb going up towards Arroyo de Arguello, and a new "trash pickup area" cannot begin to service file number of trash and recycling bins that are currently in use, even if it were allowed by the trash company, which it isn't. The planning commission admitted, duri.ng the public hearing, that they fail to consider this issue, and that it can be serious issue in cases like ours. 7T,WA JCMb APP TCA:01 ACCAIAA Wn IHAHS all AITI:WOJJ bC:OT JMM;3- TC' -AHIJ We respectfully request that the city council reject the encroachment permit because if foils to consider any solution to the issue of trash collection for the neighbors al the end of Wardell Road, 4. Violation of City Code We contend that the end of Wardell Road is a cul -de -sac, albeit one with a sub- standard turnaround area. When we were visited at the end of Wardell, the head of Saratoga Public Works stated °I don't care what you call it, as far as 1 am concerned, this is a cul- de -sac ". The fact is, the city code is designed to ensure safety at intersections like this one, and the proposed encroachment of this driveway violates the safeguards built into the code The definition of a cul -de -sac, from city code section 14- 10.290, is' 6) Cul -rte -sac mearcv arty street having bat one. uridel fur vehicular trclf c, the terminus of said street having a vehicle turnaround enclosed by parcels of land The end of Wardell is surrounded by multiple parcels, and has only one outlet for vehicular traffic, thus it is a cul -de -sac. Cars turn around at the end of Wardell all the time. Your own public works director considers it a cul -de -sac. The end of Wardell is u de -facto cul-de-sac. Code section 15- 13.070 (1) requires the following site frontage in the hillside district; (I) The minimtem site frwriage oil a col- de -vav turnaround shall he sixty feet where seventy-five percent or more of the frunloge abuts the turnaround The property at 20865 has less than 20' of frontage onto Wardell. Code section 14- 25.030 (g) further states. (1) Neither a minimum access street, nor the corridor access to a flag hd may c•nmteet to a pnhlic• street at any portion of the turnaround space of a cul-do wc. The proposed driveway is a corridor access to a flag lot. This is how the first applicant was able to avoid counting any of the impervious coverage for the driveway in his house design. Connection to the street violates section 14 -25 030, however. Even if the end of Wardell were considered a dead -.end (we believe it isn't), the driveway still violates the city code. See Addendum 1, We respectfully request that the city council reject the encroachment permit because it fails to comply with the Saratoga City Corte. Finally, this encroachment permit is for a driveway which isdhe subject of litigation. It seems to us unwise to grade a driveway, and in the process remove beautiful heritage oaks, if the driveway cannot be built or will be built in a different place as a result of the litigation. Even if the city council is inclined to grant the encroachment permit, we believe that the city council should delay issuance of the encroachment permit until the current litigation is resolved. PT..C'A /CM, APP TCA:01 ACCAI AA Ht7ln]HNHC 4n AITI:WOJJ 1,C:MT JAMP- T.0 -AHIJ Thank you very much for your consideration in this matter. Sincerely, a f MattChristiano do A,c.JZ,u, 21120 Wardell Road r_ 7 _ 4 _ ,� %dc' d`li ? Attachments: 1. Addendum 1 - The driveway violates the city code even if the end of Wardell is a dead -end. 2. Letter from Pang Engineers dated Feb 26, 2007. 3. Photo of trash pickup area at end of Wardell Road. Signed Hardcopy to City Clerk, Saratoga cc via email (excluding attachment 2) to: Saratoga City Council: councll@saratoga,ca.us Jack Chevlen: iackchcvlcn �comeast.net PT..q *A /CRb rPh TCA:01 F.CCG1gG HnniHAHq 4n AIT'):OJOJJ CC:01T. JMM;3- TC -AHIA Addendum 1. The driveway viointes the city code even if the end of Wardell is a dead -end. In the event that the end of Wardell were to be considered a dead -end rather than a cul -de-sac (which we believe is an error), the encroachment onto Wardell still does not comply with the city code. Section 14- 30.080 states: Where dead -end streets are approved, standard street barricades shall he constructed at the 4ndv thereof. !f the end of Wardell is a dead -end, there should be a "standard" barricade. This precludes a driveway encroaching onto Wardell from the end. Code section 15- 13.070 (h) states: The frontage and width of an access corridor to a Flag lot shall be not. less than twenty feet. (Ord. 71.113 §2 (part), 1992) The lot at 20865 has less than 20' frontage onto Wardell, so it caimot comply with section 14- 30.080. PT,J'A 1CRb rPb TM:01 rCCGLQR HMIHAHS 4n AITY.WOJJ CC -:GIT. 1012;3- TC' -AHIJ Attaclunent 2, Letter front. Pang L'ngineers dated Feb 26, 2007 (also attached to 2127 letter to planning conunission). This letter indicates the proposed driveway will create an unsafe condition thr the existing neighbors. 7T,WA JC1b r;3b TM:01 rCCA)QF Hc)nIHNHC 4n AIT-I:WOJJ CC:VIT JqR]- T.C' -AHIJ s i e• S I 0703 Itbtlttey 26.2007 ber. Matt Christiana 21120 Wardell Drive 5XXftk CA, 95070 Be- =465 Wardell Drive 4 lot Sulbdivisioo Saratoga, CA Dear Mr. Chrisdano: 1imuM tu your "quea 2nd verbal fAhorimsion to planed on or about February 23. 20, we have met whb you and a member of the: neighbodwod commurnty, w4W Ibe. 07 -. am of the proposed driveway access to Ane proposed four Single family residentia) dwelling units. driven the existing driveway access to 0rc ptvpoaed develapAlei l reviewed the 8 wd 112 by 11 iaeh intaseaioa plan view prcpued by TS civil _ fa glnccring. lac., and roads obMrvalium of the misting tFaTIQ opeiasiaoa along We" hive and at the: most Western terminls 6f Wardell Drive. Tbc a".vc is to mvww the available information and provide an appropri?r� professional moncerin` opinion regarding traffic safety issm of tine proposed filktr ddvewiy at the end of Wardell Drive. I ' EKISTING CONDf17ON ww*o Drive, an east -west two lane residential sued. imtaeeets wilb S Simnyvak Road, a omb -soatb major arterial street. and operales with w existing dgnai. Bleeding wesoeAy from the Regtnlind in-, 1 xtion along Wardell Drive. there. . era single family residential deroDing units oo the aeMh and settle sieths of flee sttpit; wardefl Drive is iotetsated by several pons- strals wbicb ate wmiolled by STOP dMe. e.g. Yob Drive on the soudL Wardell Cohn on Ace north. Carmel Drive (4 -Wily Strop), and Arroyo de Atrttello (4-Way Stop). At Ik most westerly end of Wardell . Drive. Ara street ends without a ad-dr xoc, but in close proximity to 0tc 4-Way Stop at .. Arroyo. de Arpudb. These ate dace exist og private drive:arsys serving muh)ple *Mo. family residential dwelling units, and one standard residential driveway serving a siol;% . aysiderllial dweMag unit. The ptoposW foes 101 F%idarial sTrbdivistoa pvpoaes Io x110 a Gf1h driveway at the end of Wardell Drive. l.- I 77..0.',-1 JCWb 0.7b TM:01 0.CCAI GG HmnIHNHS Jul AIT"I:WOJJ CC:MT. J0P;3- U' -AHIJ 7 T ifs T 'A The dtiycvrays aft "wei an the 19 Civil 2iishwering, Inc. plan and are described mote " Dsivcwby 1; gaislifig driveway to a sin* family residential dwelling %Wt an the no sift of'Wardell Ddvc and is pan of the newer rcsidurtid subdivision; The W* drivc*6 kicalim is no plotted on the 13 Civil Eogiui:cring, Im. plan; Dnve"y 2. issisting oodh driveway which saves the proposed subdivision Pro" Wilk a In privaje driveway and serves two single family residential dwelling units, we or which is to berated and replaced by The proposed 4 Iot restdcotial subdivision;' OrIvieway 3: exkft wen driveway which serves duct existing sIA* 101111i6 Miftrifial dwelling units: this driveway starts to Asecad on a gradual dlapc as--it proceeds westerly; Dd"viy 4. existing southwest driveway which saves five existing single family ficsidomw dwelling units. this driveway Suirb to ascend an a gradual stare as if PMCCCIj6 South 20 solldrIPPOICIlly. Dirivewiy5 2, 3 and 4 Wen to have boon in existence fa quite some due, woe odSinstly cowniesed to a mere aural design crikeria, and in place prior to DrNow4y 1. AD of the oil." driveways appear to opmft nNy with sufficient sod disc -neq am A, w apparent visual blockages. FUTURECONDMON The proposed 4 tot single family raidendal subdivision is proposing vehicular a6cco via a rdkh driveway in die soutbwed corner of Ow end or Wardell Drive, and not fioil;i Ddvev;py 2, ft existing access to the proposco dovdopraoat, This frith driveway wig be coniuviesed itme4iattly rA the =&wm of existing Driveway 4. The cwp* driveway and roadway plan for Driveway 5 has not bow ondc avaM61c. to i%a consulunit. Howtva. the intersectioa plan view of Driveway 5 with Wardell Drive hid been nuft available and will be reviewed bereht. The inininvam distance ktwacn driveways at the crA of a stead is 10 fcci. asuaning A distanci or 5 feet lichaven the ]at line and the aural residence on bode sides of the joi San, This ralailmal standard is usually applicable for a cal-di>sac strea While this minimal 10 foot distance may not be directly applicable time the western cod at Ww" Drive has not been physically constructed as a cul-de-sar, the intent is to c(clic. ■ Safe dperalional condition. JCR�, AP�, TCA:01 -2- rccAj qP HL)nIHAHq 4n AITI:WOJ4 CC:PIT IMP-TC-IH1.1 l i 4 1 a Mae poposed Driveway 5 does not satisfy the minimal did== bawan driveways., It aiso will be a a stair slope with a maairmon grade of im par Ir= Depariu m caned AU. with the exiting v*cks polenW* proceeding at a higher rate of sped than tk adjacent Driveway 4. Driveway 5 appears to encroach upon the existing pavemeot of Driveway 4 as depicted on the TS Civil 6ngiaoedriS. Inc. dmwiug mod by the PxWY ' markings on the ground. Driveway 5 is planned to be committed at an acute.Aegie;WA Driveway 4. Driveway S does not appear to satisfy any minimd 40t distatioe . porarnders for exiting vebicles, e.g. a safe stopphe sight distance at 25 miles pet Mier (meta) of approximately 150 to 155 feet. Do actual driveway plans with horimitil apd tiertical deaipr aitriia fa Driveway S bas rax btso made available. Ths rattail sired ahowa char a pottitMt of Drivcvrsy 5 is pbmeod to have a reuining wall an Wo natltr.Ay and sotitMxty portiws of the roadway. Sian the seotheay poation of the raaioirg w�111 far Driveway S wdl "cvt" inro the hiilxide, where is a strong possibility tbat the I>illsi¢c. . qty o0t retain its caureot stability. Should instability aouv, it cold create ttl0pe td�pagcgc acre the eaistitrg Driveway 4. Therefore, s11ou10 Driveway S 6e aontinieted .m . its cur feat proposed W000n, another patdlel reuturmg wall an the itOflb side of ; Driveway 4 may be required to ptevtxu slope mstability.' CONCLUSION The proposed Driveway 5 dues not satisfy We 10 foot minimal distaooc betwpp. ; driveways at the end of a Amt. is propomd to be consmtctcd m an acute angle mith a . rAcp miuimilsigla distance paratnses for egad gun veWolts, and, has a potential sloe ' nability issue with Driveway 4. C. Mos. the construction of do proposed Driveway 5 in its cumin prepared location, appears to arse an uawk vehicular traffic operational eandiitlon a the western *eod of Wardell Drive. Very Truly Yours, �f7ay Lwrence Pang, CE. Tt lnelosurl: intersection Plan View w/ Driveway Locations 7T..TT *A 1CSh 9Ph TCA:01 .3- M. WX �1 i = FCCf71 QR Ht)nlH?IHC 4n AIT'1:WOJ4 QC:MT. JMRP- TS' -AHIJ Attachment 3. Photo of trash pickup area at cnd of Wardell Road. Note This picture was taken at noon on March 12, 2007, after some trash cans were already picked up Note that only 4 trash cans, 4 yard waste, and 3 recycling cans are present at this time, but there are always more than this during pickup times. There are approximately 8 homes served at this trash pickup location, so the area is quite crowded with trash and recycling cans, especially given the new requirement that the cans be placed 2' apart. Taking away half this curb space for the proposed driveway will make the problem much worse. The planning commission, in their meeting, noted the fact that they often fail to consider problems arising from this situation. Note that the trash cans occupy the entire width of the end of Wardell, and additional cans were placed along the sides of Wardell This happens every week. 7T. 43 T.'.I )Cm. f;P6 U'Q:OI rCCA)QA HL1n IH?IHG aft AITI:WOJ4 gC:mT. JmmP- TCS -AHIJ CITY OF SARATOGA 13777 Fruitvale Avenue • Santogar CA 96070 Telephone: 408- 868 -1216 OfROe of the City Manager Mxlee:lLainlomutim wnY✓M In Yiir fxriminna++peuimmtleE wlbewnfMnXJUre oflMrxipi[nt IlJxrekar olJ,u wtla4rnna�ee muMedneipimi u,Mwnrerw TIe Ur Nlrerina ilaa 0e ixmkdmWrn. p, ue AUeblmmiYN Mi p.ln.. vtirnl �Va aa,tmm,utiMmarm uMJUmYreruw. diamninmwydimiW,on •oynny efNniuimwtl aenumberwu: Vnli aMre aM0.Nn NJ WaNUIe mw. pl�MifYNa wMu FAX TRANSMISSTON DATB: 1 cl� -b T,M6:12-Noon TO: &1c1/\'�� i AGVNCri 1'-i�G 405` FAX NO, WMIDER OF PAGR6: FROM / TAR 80: 408 -867 -8669 If you do not recelve al Mi. kenamiasion, please call 408-868 - ......................... ............. ... ............... Commeafs: 21.1'd 1£06 626 [£a :al NO ZT 99 E ;Lnsab sa6ed uOL ;Pjno 4 U 0 A U I �j(%% ® o lJ g+ 6sw90 WOitt 9 AlIOM -11 MOT 6998L98 u0L4eOLj�4U8PI @A.LaDaa WdTO b0 ZT LOOZ /TE /9 9E acKi awil area 9OC WdSO :ZT LOOZ- TE -keW L90b -6Zb (TES) ULIJed T .Iam11W japas -url .10103 all