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Home My WebLink About05-02-2012 City Council Packet Supplemental�:-i SAR\ IFORi AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MAY 212012 SPECIAL MEETING — 6:00 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 6:00 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 26, 2012) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. 1. Joint Meeting with the Saratoga Youth Commission Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 4081868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on April 26, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 26`h day of April 2012 at Saratoga, California. qCs al Morrow City Clerk K CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME I .� G �' " y ADDRESS SUBJECT 2 (� Bank HIM U d Eer�� AGENDA ITEM NO. DATE d U 2- TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT: J I WPM 4 ryNlkjr� AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, MAY 29 2012 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 26, 2012) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aizendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS Proclamation Declaring May 6 — 12, 2012 as Wildfire Awareness Week Recommended action: Read and present proclamation declaring May 6 — 12, 2012 as Wildfire Awareness Week in the City of Saratoga. 2. Foster Care Appreciation Month Recommended action: Read and present proclamation declaring May 2012 as Foster Care Appreciation Month. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. City Council Meeting Minutes Recommended action: Approve City Council Meeting minutes. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: April 19, 2012 April 25, 2012 5. Treasurer's Report for the Month Ended March 31, 2012 Recommended action: Review and accept the Treasurer's Report for the month ended March 31, 2012. 6. Granting of Utility Easement to PG &E on Book -Go -Round Property Recommended action: 1. Approve granting of utility easement on City -owned Book -Go -Round property to PG &E. 2. Authorize City Manager to sign the Easement Deed. 7. Fruitvale Avenue Median Improvements — Cooperative Agreement with West Valley College Recommended action: Approve Cooperative Agreement with West Valley- Mission Community College District for Fruitvale Avenue Median Improvements and authorize the City Manager to execute the same. AB 939 and Household Hazardous Collection Program Agreements Recommended action: Authorize the City Manager to sign the Agreement for Countywide Assembly Bill (AB) 939 Implementation Fee and Santa Clara County Household Hazardous Waste (HHW) Collection Program Agreement with a $50,000 augmentation for Fiscal Year 2012/13. 9. Zoning Amendment -Sign Ordinance (Article 15 -30) Recommended action: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Signs. PUBLIC HEARINGS Applicants /Appellants and their representatives have a total of ten minutes maximum.for opening statements. Members of the public may comment on any item for up to three minutes. Applicant /Appellants and their representatives have a total offive minutes maximum, for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 10. Appeal of Design Review & Variance Approval for a New Single- Family Residence at 21216 Bank Mill Road Recommended action: Deny the appeal, thus affirming the Planning Commission's approval of the design review variance applications. OLD BUSINESS 11. Community Event Grant Program Recommended action: Accept report and provide input on the Community Event Grant Program. NEW BUSINESS 12. Destination Saratoga Update & Funding Request Recommended action: Receive the update from the Chamber of Commerce's Destination Saratoga Committee and consider their funding request. 13. Solid Waste Program Consolidation Recommended action: Accept report and provide direction on consolidation of solid waste program costs. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Let's Move City Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee TEA Ad Hoc West Valley Mayors and Managers Association West Valley Sanitation District Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation KSAR Community Access TV Board SASCC Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Emily Lo Association of Bay Area Governments Highway 9 Ad Hoc Library Joint Powers Authority Sister City Liaison Village Ad Hoc Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Santa Clara Valley Water District Commission Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council TEA Ad Hoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title II) Certificate of'Posting of'Agenda: 1, Crystal Morrow, City Clerk,for the City of Saratoga, declare that the .foregoing agenda for the meeting of the City Council,for the City of Saratoga was posted on April 26, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at 11,111, 141. Sara[otra. ca. us .Signed this 26'x' day ofApril 2012 at Saratoga, California. OAF� 0 Ow Crystal Morrow City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.sarato ag ca.us s: CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2012 05/02 Regular Meeting —Joint Meeting with Youth Commission 05/16 Regular Meeting —Joint Meeting with Montalvo Arts 06/06 Regular Meeting —Joint Meeting with Planning Commission 06/20 Regular Meeting — (5:30 p.m. — Community Center) Joint Meeting with HOA's 07/04 Fourth of July —City Hall closed 07/18 Regular Meeting 08/01 Recess 08/15 Regular Meeting —Joint meeting with Hakone Foundation 09/05 Regular Meeting —Joint Meeting with Parks and Rec /PEBTAC 09/19 Regular Meeting —Joint Meeting with West Valley Board of Trustees 10/03 Regular Meeting —Joint Meeting with Saratoga/Monte Sereno Community Foundation 10/17 Regular Meeting -- Joint Meeting with Traffic Safety Commission 11/07 Regular Meeting —Joint Meeting with Library Commission 11/21 Regular Meeting —Joint Meeting with Saratoga Ministerial Association 12/04 City Council Reorganization 12/05 Regular Meeting —Joint meeting with HPC and Historical Foundation 12/19 Regular Meeting SARATOGA CHAMBER OF COMMERCE May 2012 - After Hours Business Mixer MIXER HOST: COOPER- GARROD ESTATE VINEYARDS From Big Basin Way in the Village, continue on Hwy. 9 to PierceRd. Go RIGHT on Pierce Rd. and continue. Go LEFT on Mt. Eden Rd. and continue. Make a SLIGHT RIGHT turn onto Garrod Rd. Thursday, May 3rd - 5 :30 to 7: oopm Held at: 22645 Garrod Rd. Saratoga, CA 95070 Wines served courtesy of Cooper- Garrod Estate Vineyards Hors d'oeuvres courtesy of The Napkin Ring Come visit the green and glorious vineyards of Cooper - Garrod, enjoy some great local wines, meet your fellow Saratoga businesses and say hello to the horses! Cooper - Garrod is also a working farm and equestrian center - ideal for picnics - a great place to spend the day with the whole family or friends from out of town. Don't miss the chance to visit this Saratoga landmark and long -time Chamber supporting member. The vines are at their greenest right now, so bring your camera! . MERCHANT DONATED PRIZE — Don't hesitate, don't delay, bring one in today to insure your business is listed on the Donation Poster. . BROCHURE TABLE for CHAMBER MEMBERS — Bring your flyers, menus, special notices... • NETWORKING OPPORTUNITIES — Remember your business card! Mixer Donation $5 Ambassador Coordinator: Marilyn White 408.867.9417 Questions? Call the Chamber Office at 408.867.0753 °4 SARgr City of Saratoga . E ,Ac Youth Commission , JT. Council Meeting n `CIFO4k DATE: Wednesday, May 2, 2012 TIME: 6:00 p.m. LOCATION: City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 ORDER OF TOPICS • Introductions • Training o Sarah Tang (Lynbrook) ❑ Meeting with Other Commissions o Sokena Zaidi (Monte Vista) ❑ Youth Advisory Council (Y.A.C.) Social o Ruchi Pandya (Lynbrook) • YAC Attack Conference & Debate • Nihar Agrawal (Redwood) • Mercedes Chien (Harker) • Teen Friendly Business Award o Anu Sreedhara (Saratoga) • Media o Jane Chang (Saratoga) ❑ Project Cornerstone o Sierra (Saratoga) ❑ Walk One Week (W.O.W) • Somya Khare (Lynbrook) • Kaitlin Finch (Saratoga) ❑ CLOSING o Kia Fariba (St. Francis) Responses from Project Cornestone Presentations - 8th Grade Leadership classes 4/2 & 4/3 Do you feel connected to your community? Why or Why Not? Yes= 21 No =20 Both =10 Positive Negative Mixed No, because there are not enough activities and the residents aren't I feel pretty connected to the community because it is a good place Yes, it's a nice place to live and many people are nice in Saratoga too involved. I'm proud to live in Saratoga but there isnt any voice. to live. But I don't have a say in anything. Yes, I am proud I feel like we're not completely connected I don't know. I kind of feel connected to Saratoga. One on hand, I am proud to live I feel connected to Saratoga because I particpate a lot of community in Saratoga and all of our town accomplishments. But I do not feel things No, because I'm not very involved with the community. like students have a say in what goes on here. I feel connected to the community sometimes, but I think there Yes, I feel connected to our community of Saratoga because it's safe No, because the residents of saratoga are old and they're aren't should be more community events, where everyone particpates (e.g., and everyone tries to improve the community. involved with the community. Mustard Faire) I feel connected to the community of Saratoga because it is a nice I like living in Saratoga and it's a really nice city but I don't feel like I place to live in and I feel like I have say in what happens in the No, it's a town run by old people. I wish it was more like Los Gatos have a say in what goes on in the community and I don't feel community. where kids are everywhere and there are better pl2ces to go. connected. I actually feel connected because I particpate in a lot of community things. I feel that the community should make more organziations of No, because there are no activities. We don't really have a voice Saratoga is a great place to live but I think I would feel the same fun gatherings or something like that. here. We just live here, there is no really sense of community. somewhere else. No, I like to some programming. It's fun. I don't want to be really integrated with Saratoga because I don't like it much here. It's not Yes, because downtown is very fun to just hang out in and sometimes I feel that we are not really connected to the community because we that great. Redwood isn't that great of a school, and I don't like they have holiday stuff. don't really have a say in what Saratoga does as a whole. much. I feel that Saratoga is a good place. I feel connected to Saratoga in some ways, but not in others. We should incoperate everyone in In some ways, from school & sports [I feel connected] other then that activities that they they can particpate in. There aren't that many No, because I don't feel like it's easy to make friends outside of no because people aren't involved with each other and there's no activities for Saratoga. Wee need to do more things. school or connect with adults. community activities. There is not really ant ing to do here. Maybe, because we aren't always given a say on what is happening. We only get invited to one city council meeting a year and that is Saratoga is an amazing place. But I feel like no one knows their only leadership. I love Saratoga but we need more of children /kids neighbors and nobody hangs out downtown. I mean I would but it Yes, I feel it's a very safe community to live in. say. can be a real ghost town. No, I don't feel like there really is a very big community in Saratoga. People are not very connected. Everyone just does their own thing. There are no very many ways you can meet new people and Sometimes because our school does a lot to help the community and Yes, I feel connected to the community through the many fundraising especially since downtown is so boring people are not really would we do fun things to make it better, but there is no real connection events. leave Saratoga. I don't think people very friendly to each other. within the community. No, because I don't know any other people out of Saratoga other than Redwood Middle School, Saratoga High School and other elementary schools. I don't really know anyone else outside of schools. Usually when I walk aroudn Saratgoa, people either stare at Sure, I like to live here. me or ignore me. Yes, I feel connected as the people are friendly and I just feel I don't feel integrated in the community because there are not a lot comfortable being in Saratoga. of things for kids to particpate in. I don't feel integrated in the community because there's not a lot of things for kids to do. It's more focused on adult activities. As a Yes, because I spend lots of time touring the city and have friends community, though, everyone is nice. We should have more living in different areas of the city. It's fun to live here because it's community centered events, where everyone can be together and small and all places are related and easily accessible. have fun. No, I don't really feel like everybody in the community knows each other, like when you got Safeway or somehting, you don't really see I feel integrated in the community because everyone is very friendly people that you know. I don't feel like I have a relationship with the and nice in Saratoga. People are welcoming. community and the people who live here. No because in Saratoga there isn't much to do. I don't really communicate with anyone living in Saratoga besides my friends. No I enjoy living in Saratoga. Dowtown is borning, no one goes there. community activities. I feel connected to my community because the people are friendly No, because I don't particpate in any Saratoga events, no do I walk and I would never want to live anywhere else. around Saratoga streets. Yes, I feel connected but at the same time I don't feel connected. I feel connected with the community in the sense that I like living here and the people are nice, but there is a lot we could do to make it a No, because I don't really walk around a lot of people. I guess are better place. I feel that, to make the young people feel more nice for the most part, but there is no real way for me to to feel involved, there should be more fun stores or activities. connected. Yes, I feel connected with the community because I feel like I fit in. I love Saratoga and I wouldn't want to live anywhere else. No, nothing for youth do for activities. Yes, because it's simple, quiet,a nd a nice clean city. Everybody is friendly and kind. Also, I would definitly feel more connected to the NO, I feel integrated with my computer and social media. I connect community if you brought back to the Saratoga Downtown Street wit the world through coding and social networking. There is not Dance we used to have yearly a few years ago. Now all we have is much connection, but then again no cities have that much wine tasing ... seriously? connection. There needs to be more social media. I do not because our downtown is not the greatest. We don't seem to Yes, I feel integrated in the community. The community is fairly small have a lot of activities for youth available and not much do in so everyone knows a lot people which leads to people catching up at downtown. However, our school is really tight knit and I have a lot of grocery stores ... stuff like downtown. friends. Yes, I am very proud of Saratoga because people here are friendly and educated, the schools here are superior and yeah, I like being in Saratoga. JSARgT COMMUNITY DEVELOPMENT DEPARTMENT 56 MEMORANDUM TO: City Council FROM: Michael Fossati, Planner MEETING DATE: May 2, 2012 SUBJECT: Appeal of Design Review / Variance — 21216 Bank Mill Road After the April 30, 2012 CC Site Visit, the appellant and applicant agreed on additional measures to the project to protect privacy of the property owner at 14665 Ambric Knolls Road. The measures include: 1. Installation of appropriate landscaping (including, but not limited to, five 36" box Coast Redwoods, five 24" box Coast Live Oaks, and seven 15 gallon toyon shrubs) along the shared property line of 14665 Ambric Knolls Road & 21216 Bank Mill Road, prior to the start of construction of the project. (Step 1). 2. Installation of additional landscaping (four 15 gallon Coast Redwoods) approximately 20 feet away from the rear portion of the proposed residence, along a proposed three foot retaining wall, prior to final occupancy (Step 2). This would act as a temporary measure until the proposed screening (as shown in Step 1) is mature enough to adequately screen 14665 Ambric Knolls Road. 3. Installation of planter boxes with bamboo along the proposed decks (Step 3). This would also act as a temporary measure until the proposed screening (as shown in Step 1) is mature enough to adequately screen 14665 Ambric Knolls Road. The installation of the proposed landscaping & planter boxes shall be to the satisfaction of the Community Development Department. This condition has been added (as Condition #20) to the attached amended resolution. Copies of the amended resolution have been given to both the appellant and applicant. It is believed that both parties are in agreement of the amended resolution. ATTACHMENTS: 1. Amended Resolution — 21216 Bank Mill Road 2. Sheet L -1, proposed landscape plan and site section— 21216 Bank Mill Road 1 A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL SUBJECT TO ONE CONDITION; THEREBY AFFIRNIING THE PLANNING COMIVIISSION'S APPROVAL OFDESIGN REVIEW APPLICATION PDR 08 -0029 & VARIANCE APPLICATION VAR08 -0001 FOR A NEW TWO -STORY SINGLE FAMILY HOME LOCATED AT 21216 BANK MILL ROAD WHEREAS, on October 7, 2011 an application was resubmitted by Nielsen Architects, requesting Design Review and Variance approval for a new two- story, single - family residence to be constructed on a vacant lot at 21216 Bank Mill Road within a building envelope that has a 52.5% average natural slope and five -foot retaining walls in the front setback. The total floor area of the main residence and garage would be 4,188 square feet (not including the 1,413 square foot basement). The height of the proposed residence would be approximately 25 feet. The property (APN 503 -55 -005) is located within the R -1- 40,000 Zoning District. The foregoing work is described as the "Project" in this Resolution. WHEREAS, on March 14, 2012, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved a Design Review application (PDR08 -0029) and Variance application (VAR08- 0001); and WHEREAS, on March 28, 2012 an appeal of the Planning Commission decision was filed by the appellant James Maggard; and WHEREAS, on May 2, 2012, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and . WHEREAS, at the May 2, 2012 hearing, the City Council received evidence demonstrating that removal of redwood trees initially planted for interim screening pursuant to Condition of Approval 20 (step 2) in accordance with step 4 of Condition of Approval 20 satisfies the tree removal criteria specified in City Code Section 15- 50.080 (a)(9), in that the necessity to remove the trees are for economic or other enjoyment of the property since there is no other feasible alternative to the removal. WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith. Now, therefore be it resolved that the City Council of the City of Saratoga hereby: I. Denies the appeal and affirms the Planning Commission's approval of the Design Review approval and Variance approval as consistent with the findings specified in City Code Section 15- 46.040 and 15- 70.060 subject to the addition of Condition 20 in the attached Conditions of Approval (Exhibit 1); and II. Finds that based on the environmental assessment for the project completed by the Community Development Department the project is exempt from environmental review requirements under the California Environmental Quality Act (CEQA). PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 2 °d day of May, 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chuck Page, Mayor Crystal Morrow, City Clerk EXHIBIT 1 CONDITIONS OF APPROVAL PDR08 -0029 & VAR08 -0001 21216 BANK MILL RD. (APN: 503 -55 -005) 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner's successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term - specified conditions has been recorded by the applicant with the Santa Clara County Recorder's office in form and content to the Community Development Director. If a condition is not "Permanent" or does not have a term specified, it. shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees "). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and /or Applicant, their successors, or by any person acting on their behalf. J In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. COMMUNITY DEVELOPMENT Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated March 5, 2012 denominated Exhibit "A ". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit "A" on file with the Community Development Department and referenced in Condition No. 5 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance - protected tree on the site; c. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans," which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate construction plan pages; e. City Arborist Reports dated January 3, 2012 onto separate construction plan pages; f. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right -of -way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16- 75.050 governing maintenance of construction project sites is required. Landscape Screening. Landscape screening shall be planted (in a manner which does not require the existing shrubs screening to be removed) along the property line ,r y abutting 14665 Ambric Knolls Rd. (APN 503 -55 -018) in order to provide adequate privacy screening. The shrubbery shall reach 12 feet in height at full maturity and be maintained at or above 12 feet in height. THIS CONDITION IS PERMANENT. PUBLIC WORKS 10. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right -of -way or City easement including the stormwater swale prior to commencement of the work to implement this Design Review Approval. 11. The applicant shall replace approximately 30 feet long section of curb and gutter at northern (upper) property corner adjacent to Bank Mill Road with a new structurally supported curb and gutter. The applicant shall also replace about 5 feet wide portion of the roadway pavement at this location including the sub -base material and existing fill. In addition, the applicant shall replace existing drain inlet and broken section of curb and gutter at the lower property corner adjacent to Bank Mill Road with a new structurally supported drain inlet and curb and gutter 12. The applicant shall retain services of the Project Geotechnical Consultant for recommendations of these improvements. Revised grading and drainage plan showing the improvements shall be submitted to the City Geotechnical Consultant and the City Engineer for review and approval. The Project Geotechnical Consultant shall review and approve revised plans and summarize his review in a letter submitted to the City Engineer for review prior to issuance of any construction permits. 13. The project geotechnical consultant shall evaluate the referenced (or latest) site development plans and recommend prudent grading control measures for the project including maximum height and inclination of construction excavations. Alternative geotechnical measures to achieve stable construction excavations shall be addressed including potential staged retaining wall construction, top -down construction, utilization of soil nails, or other appropriate methods. Necessary geotechnical inspections of exposed earth materials and potential monitoring of construction excavations shall be addressed. Geotechnical design criteria for construction shoring shall be provided. 14. With consideration of the above completed geotechnical evaluations, the contractor shall summarize proposed methods to achieve slope stability of temporary construction excavations. Construction conformance with maximum slope heights and inclinations recommended by the Project Geotechnical Consultant shall be confirmed. Appropriate documentation to address the above two items shall be submitted to the City for evaluation by the City Engineer or Building Official prior to issuance of permits for project construction. 15. The Project Geotechnical Consultant shall review and approve geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review and prior to issuance of permits for project construction. 16. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, basement excavation, and foundation construction, prior to placement of fill, steel and concrete. The geotechnical consultant shall be present to inspect the drilling of foundation piers. The consultant shall be on site during excavations to identify potential unstable conditions and make necessary recommendations to ensure that the cuts are adequately supported. The results of these inspections and the as -built conditions of the project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as- built) Project Approval. 17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 18. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and /or erosion related conditions. ARBORIST 19. The owner (applicant) shall agree to all conditions required per City Arborist Report, dated January 3, 2012. ADDITIONAL CONDITIONS 20. The owner (applicant) shall implement the following four step process to ensure adequate visual privacy between the property at 21216 Bank Mill Rd. (APN 503 -55- 005) and 14665 Ambric Knolls Rd. (APN 503 -55 -018). The steps are as follows: • Step 1 — Prior to building permit issuance, the proposed landscaping along the property line of 21216 Bank Mill Rd.(APN 503 -55 -005) and 14665 Ambric Knolls Rd. (APN 503 -55 -018), per Sheet L -1 of Exhibit "A ", shall be planted to the satisfaction of the City Arborist. The plantings shall include (but not limited to) five 36" box Coast Redwoods, five 24" box Coast Live Oaks, and seven 15 gallon toyon shrubs within the rear yard. Step 2 — Prior to final occupancy, a three foot retaining wall will be installed approximately 20 feet away from the rear portion of the proposed residence. A row of four, 15 gallon Coast Redwoods will be planted approximately three feet from the new proposed retaining wall, on the higher grade to provide interim screening to the satisfaction of the Community Development Department. • Step 3 — If Step 1 and Step 2 do not provide adequate screening, to the satisfaction of the Community Development Department, the applicant will install planter boxes (approximately 18" x 36" in size) along the length of the perimeter of the proposed decks. The shrubs planted within the planter boxes will be grown to height of approximately 36" — 4255 . Step 4 — Once adequate screening along the property line of 21216 Bank Mill Rd.(APN 503 -55 -005) and 14665 Ambric Knolls Rd. (APN 503 -55- 0l 8) has been reached, per the satisfaction of. the Community Development Department, the property owner of 21216 Bank Mill Road will have the right to remove the four, 15 gallon Coast Redwoods (per City Code Section 15- 50.060), noted in Step 2 and planter boxes, noted in Step 3 without a Tree Removal Permit and in reliance on the City Council's May 2, 2012 determination that the removal satisfies the criteria specified in section 1.5- 50.080 of the City Code. f - b F5, N- 8.12 0 3' WOOD RETAINING WALL 91^ I Plant Material Key 8 Botwkid Name Common Norms Size TREES - CER OCC Cads —id." If. IIT5TERN REDBUD -24' box MYR CAL MRFl" calironnl— PACIFIC WAX MYRTLE 24' box OUE AGR QLwe agrlfolla COAST LIVE OAK 24' box OUE LOB 0,—:: lobata VALLEY OAK 24' box SEO SEM 5equola ..pavirens COAST REDWOOD 36' box opo SHRIJBS- (U 60' box 61000 MC HOW Arcto.tapFylos 'HOOard Hd-Ilm' MANi.ANITA 5 Bailor. CAR CAL Carpenter la cellfomica BUSH AJIEMC"'m 5 gallon CEA CON CeawtHu 'Co —ko' WILD LILAC 5 gallon DIE VEG DI-- vegata FORTNIGHT LILY \ ESC NEW E.calionla Newport Duarr ESCALLCNIA 5 gallon HET ARE Hetaomele. anbutiroila TOYON 15 gallon HEU SAN Ww zi wnguI— COLOR IS RPJi4ON10— I gallon LEP RUB Leptospermum ..'Ruby Glou )� 5 o -a11on WITH 1111 OREGON GRAPE �'yFtT NAN DOM Nandh. domestics HEAVENLY BAMBOO 5 gallon FIE 13ECORATTVE MOUNTAIN FLAX 59.11— RHA CAL fdTamnus — 111`Ornlca COFFEEBERRY 5 gallon RHU OVA 13'll. ovata SUGAR BUSH 5 gallon RIB SAN Ribs. sang.i— RED FLOILERING- CURRANT ,.. � .:.:. � 5 gallon VAC OVA Vacclnm —at- EVERGREEN HUCKLEBERRY 52.11— VER LL verbena I118.1n-i 'De La Mlna' LILAC VERBENA I gallon OROUNDCOVER& 00� y H� o .. III„ u 24'o- from I s i► ■i g '� �$yY y. 48' o- how • Eriogorzm grand.: rub— RED BUCKWHEAT 24' o" from I Gallon Caro Festt Callrornlca CALIFORNIA F_5CI1E 24' o- from I Gallon Can. Leynue oond —t.. WILD RYE 24' — from Canyon Prince' I Gallon Caro MuHanbergla rIs— DEER GRASS 36' oc. From I Gallon Cans Rlbes vilb— lfollum EVERGREEN 48. 04:. from CURRANT 41* Salvia --I. MY -114up—AW&W 36' or: From I Gallon Caro 5.IVIa BP.tI -.—. HUMMINGBIRD 5AGE 36' — rrom I Gallon Cen, Mulch s ll ®� Suitable Mulch 1:. Plant Material Key 8 Botwkid Name Common Norms Size TREES - CER OCC Cads —id." If. IIT5TERN REDBUD -24' box MYR CAL MRFl" calironnl— PACIFIC WAX MYRTLE 24' box OUE AGR QLwe agrlfolla COAST LIVE OAK 24' box OUE LOB 0,—:: lobata VALLEY OAK 24' box SEO SEM 5equola ..pavirens COAST REDWOOD 36' box opo SHRIJBS- (U 60' box 61000 MC HOW Arcto.tapFylos 'HOOard Hd-Ilm' MANi.ANITA 5 Bailor. CAR CAL Carpenter la cellfomica BUSH AJIEMC"'m 5 gallon CEA CON CeawtHu 'Co —ko' WILD LILAC 5 gallon DIE VEG DI-- vegata FORTNIGHT LILY 5 gallon ESC NEW E.calionla Newport Duarr ESCALLCNIA 5 gallon HET ARE Hetaomele. anbutiroila TOYON 15 gallon HEU SAN Ww zi wnguI— CORAL BELLS I gallon LEP RUB Leptospermum ..'Ruby Glou NEW ZEALAND TEA TREE 5 o -a11on MAH AOU Mahoma aqulrollum OREGON GRAPE 5 gallon NAN DOM Nandh. domestics HEAVENLY BAMBOO 5 gallon PHO 000 Phornlu.T cooklanusn MOUNTAIN FLAX 59.11— RHA CAL fdTamnus — 111`Ornlca COFFEEBERRY 5 gallon RHU OVA 13'll. ovata SUGAR BUSH 5 gallon RIB SAN Ribs. sang.i— RED FLOILERING- CURRANT 50.11— ROM COU Romneya coulters MATILIJA POPPY 5 gallon VAC OVA Vacclnm —at- EVERGREEN HUCKLEBERRY 52.11— VER LL verbena I118.1n-i 'De La Mlna' LILAC VERBENA I gallon OROUNDCOVER& 61500 ActostapNylo. 'Emerald Carpet' EMERALD CARPET MANZANITA 24'o- from 626550 I Gallon Cana Ceanothis 'Yankee Point' WILD LILAC 48' o- how 5 Gallon C lloaro Eriogorzm grand.: rub— RED BUCKWHEAT 24' o" from I Gallon Caro Festt Callrornlca CALIFORNIA F_5CI1E 24' o- from I Gallon Can. Leynue oond —t.. WILD RYE 24' — from Canyon Prince' I Gallon Caro MuHanbergla rIs— DEER GRASS 36' oc. From I Gallon Cans Rlbes vilb— lfollum EVERGREEN 48. 04:. from CURRANT I Gallon Can. Salvia --I. 50NOMA SAGE 36' or: From I Gallon Caro 5.IVIa BP.tI -.—. HUMMINGBIRD 5AGE 36' — rrom I Gallon Cen, Mulch Oak 111 -11and Suitable Mulch TREE MITIGATION REPLACEMENT Tree. 3,45b,1,8,9, and II to be removed. Total appral.ed value to be removed = 126550 ASSIGNED VALUES FOR REPLACEMENT TREES: A replacement of (U 15 - gallon 6150 lU 24' box 6500 (U 36' box . .1500 (U 48' box 65,000 (U 60' box 61000 (1) 12' box - • .15000 SUGGESTED TREE REPLACEMENT COUNT: MITIGATION TREES SIZE- QTY. VALUE TOTAL Cad. occidentals. (CER OCC) 24' box 9 8500 +4500 Heter=ele. arbutifolia (HET ARB) 15 gallon 1 6150 .1,050 I"kJrica callFornioa (MYR CAL) 24' box 5 6500 62 =00 Quer— a2mFolia (QUE ARG) 24' box 15 6r F1500 Quaa. aerlfolia (QUE ARG) 36' box 1 .1500 61500 C,— lobate (QUE LOB) 36' box 1 .1,500 .1500 Sequoia eempavlrms (SEQ SEM) 36' box 5 61500 61500 626550 NOTES REFER TO `TREE PI2ESERVATIOTI REPORT FOR 21216 BANG MILL ROAD, DATED JAN)RARY 29, 2009.' PREPARED BY DAVID L. BABBT. TREE NUMBERS ON THIS PLAN AIE REFLECTED IN THE REPORT. ALL PING AREAS SHALL BE IRRIGATED WITH AN AUTOMATIC WATER CONSERVING IRRIGATION SYSTEM IN COMPLIANCE WITH THE CITY GF 5ARATOGA WATER CONSERVATION ORDINANCES. ALL PLANTING AND IRRIGATION OPE RATIONS SHALL COMPLY WITH THE CITY OF SARATOGA LANDSCAPE GUIDELINE -5. 71iil" "I 0 5 10 20 30 mN ( camp & camp associates p .*valam.mrhbCL. 2 GU.10Or849 mf WMNUTO;IEEK LLLffO.r.. co! tga.n vNm�1pF x � r I..L Q Z CU Q � J lL All— Q J V W cc W �Q aYU W (o p� cc r0o o �i/ 41•+ T ca N_ L Z N CO DRAWN EW, CM CHECLE[k TO DATE 09,01144 SCALE 1/8•. 1'-I)• JOB NO. 11011 SHEET L -1 OF O0 SHEETS