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HomeMy WebLinkAbout05-04-2011 CC JT MTG PacketTable of Contents Agenda 3 Commendation Honoring Christa McAuliffe School for their Recycling Program Staff Report 9 Commendation 11 Commendation Honoring Prospect High School’s Mock Trial Team Staff Report 12 Commendation 14 Proclamation Declaring Sunday, May 1 through Sunday, May 8, 2011 as “Days of Remembrance” Staff Report 15 Proclamation 17 Proclamation Declaring May 1 – May 7, 2011 as “Wildfire Awareness Week” Staff Report 18 Proclamation 20 City Council Regular Meeting Minutes –April 20, 2011 Staff Report 21 Minutes 22 Treasurer’s Report for the Month Ended March 31, 2011 Treasurer’s Report for the Month Ended March 31, 2011 34 Review of Accounts Payable Check Registers Council Register Report 39 Check Register 04/14/11 41 Check Register 04/22/11 43 Revision of Ordinance 11.05 Regulating Use of Alcohol in City Parks Revision of Ordinance 11.05 Regulating Use of Alcohol in City Parks 49 Attachment A – Proposed Municipal Code revisions (redline version)50 Azule Park Petanque Court – Notice of Completion Staff Report 53 Attachment A: Notice of Completion 55 Monte Vista Storm Drain Pumping System – Notice of Completion Staff Report 56 Notice of Completion 58 Appeal APCC11-0001 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR10-015) to construct a new 23’-6” tall one-story single- family residence at 15395 Pepper Lane Staff Report 59 1 Attachment 1: Resolution 62 Attachment 2: Appeal Application 72 Attachment 3: Planning Commissin Staff Report 74 Attachment 4: Project Description Letter 80 Attachment 5: Appellants' Report 82 Attachment 6: Applicants' Report 103 Attachment 7: Setback Exhibit 108 Attachment 8: Neighbor Notification Forms 110 Attachment 9: Arborist Report 114 Attachment 10: GreenPoint Rated Checklist 122 Attachment 11:Project Plans 133 Amendments to Sections 7-20.220, 14-70.080, 16-17.160 and Various Sections of Chapter 15 (Zoning Regulations) of the City Code Staff Report 140 Ordinance 144 Banner Policy Options Banner Policy Options 165 Attachment A – City of Saratoga Banner Policy 167 Attachment B – Conceptual Depiction of Blaney Plaza Banner 169 Attachment C – Conceptual Depiction of Prospect Center Banner 170 Attachment D – Conceptual Depiction of Heritage Park Banner 171 2 WEDNESDAY, MAY 04, 2011 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 28, 2011) REPORT FROM CLOSED SESSION 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. 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 1. Commendation Honoring Christa McAuliffe School for their Recycling Program Recommended action: Read and present commendation. 2. Commendation Honoring Prospect High School’s Mock Trial Team Recommended action: Read and present proclamation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 3 3. Proclamation Declaring Sunday, May 1 through Sunday, May 8, 2011 as “Days of Remembrance” Recommended action: Read and present proclamation. 4. Proclamation Declaring May 1 – May 7, 2011 as “Wildfire Awareness Week” Recommended action: Read and present proclamation. 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. 5. City Council Regular Meeting Minutes –April 20, 2011 Recommended action: Approve minutes. 6. Treasurer’s Report for the Month Ended March 31, 2011 Recommended action: Review and accept the Treasurer’s Report for the month ended March 31, 2011. 7. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: April 14, 2011 April 22, 2011 8. Revision of Ordinance 11.05 Regulating Use of Alcohol in City Parks Recommended action: Staff recommends the Council adopt the Ordinance revising article 11.05 in the Municipal Code regulating the use of alcohol in City parks. 9. Azule Park Petanque Court – Notice of Completion Recommended action: Move to accept the Azule Park Petanque Court project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. 10. Monte Vista Storm Drain Pumping System – Notice of Completion Recommended action: Move to accept the Monte Vista storm drain pumping system project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. 4 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 of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 11. Appeal APCC11-0001 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR10-015) to construct a new 23’-6” tall one-story single-family residence at 15395 Pepper Lane Recommended action: Staff recommends the City Council deny the appeal, thus approving the proposed new 23’-6” tall one-story single-family residence. 12. Amendments to Sections 7-20.220, 14-70.080, 16-17.160 and Various Sections of Chapter 15 (Zoning Regulations) of the City Code Recommended action: Approve the attached ordinance adopting various clean up amendments to Sections 7- 20.220 (concerning horses), 14-70.080 (concerning voluntary mergers), 16-17.160 (concerning driveways) and various sections of Chapter 15 of the City Code (Zoning Regulations) of the Saratoga City Code. OLD BUSINESS None NEW BUSINESS 13. Banner Policy Options Recommended action: Review report and provide direction to staff regarding a banner policy/program. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Association Vice Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Mayor/Vice Mayor Oath of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association 5 TEA AdHoc West Valley Sanitation District Councilmember Jill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Mayor/Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc 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) 6 Certificate of Posting of Agenda: I, Ann Sullivan, 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 28, 2011, 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 www.saratoga.ca.us Signed this 28th day of April 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 7 5/4 Regular Meeting – Joint meeting with Youth Commission 5/18 Regular Meeting – Joint meeting with Parks and Recreation Commission/PEBTAC 6/1 Regular meeting – Joint meeting (5:30 pm) with HOA presidents 6/15 Regular meeting – Joint meeting with Library Commission and Friends of the Library 7/6 Regular Meeting – Joint meeting with Planning Commission 7/20 SUMMER RECESS – Meeting Cancelled 8/3 SUMMER RECESS – Meeting Cancelled 8/17 Regular Meeting 9/7 Regular Meeting – Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting – Joint meeting with Heritage Preservation Commission and Historical Foundation 10/5 Regular Meeting – Joint meeting with Traffic Safety Commission 10/19 Regular Meeting – Joint meeting with Assemblymember Jim Beall, Jr. 11/2 Regular Meeting – Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting – Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7 Regular Meeting 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 8 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation Honoring Christa McAuliffe School for their Recycling Program RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: The attached commendation recognizes Christa McAuliffe School for their efforts in creating a successful school-wide recycling program that diverts 90% of its school waste away from the landfill while reducing waste hauling costs. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 9 Copy of the Commendation 10 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING CCHHRRIISSTTAA MMCCAAUULLIIFFFFEE SSCCHHOOOOLL FFOORR TTHHEEIIRR ““RREECCYYCCLLIINNGG PPRROOGGRRAAMM”” WHEREAS, Christa McAuliffe School is located within the Cupertino Union School District and serves 450 kindergarten through eighth grade students in the cities of Saratoga, San Jose, Santa Clara, Cupertino, Sunnyvale, and Los Altos; and WHEREAS, since 1970, Christa McAuliffe School has been a dynamic learning community that emphasizes not only the academic growth of its students, but also their social, creative, and emotional development; and WHEREAS, in August 2010, Christa McAuliffe School partnered with Recology to establish a comprehensive recycling and composting program that diverts 90% of its school waste away from the landfill while reducing waste hauling costs; and WHEREAS, Christa McAuliffe School has generated enthusiastic support from students, staff, and parents in order to achieve this diversion rate of 90%; and WHEREAS, Christa McAuliffe School’s recycling program serves as a model for other schools and organizations and challenges them to follow. NOW, THEREFORE, BE IT RESOLVED, that the Saratoga City Council does hereby recognize the staff and students at Christa McAuliffe School for their outstanding service to our community; and BE IT FURTHER RESOLVED, that the Saratoga City Council does hereby congratulate and commend Christa McAuliffe School for inspiring their students to be environmentally conscious by creating a successful school-wide: “RECYCLING PROGRAM” WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of May 2011. ____________________________ Howard A. Miller, Mayor 11 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation Honoring Prospect High School’s Mock Trial Team RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: The attached commendation recognizes Prospect High School for their participation in the Santa Clara County Champion Mock Trial during the month of February 2011. The team from Prospect High School has an impressive record of five wins and only one loss. The team has demonstrated a consistent winning tradition for the last eleven years – including three trips to the final round in 2006, 2008, and 2011. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 12 ATTACHMENTS: Copy of Commendation 13 CC OO MM MM EE NNDDAATT II OO NN OO FF TT HH EE CC II TT YY CC OO UUNNCC II LL OO FF TT HH EE CC II TT YY OO FF SSAARR AATT OO GG AA HH OO NNOO RR II NNGG PP RR OO SSPP EE CC TT HH II GG HH SSCC HH OO OO LL ’’SS SSAANNTT AA CC LL AARR AA CC OO UUNNTT YY CC HH AAMM PP II OO NN MM OO CC KK TT RR II AALL TT EE AAMM WHEREAS, seventeen members of the Prospect High School Mock Trial Team competed valiantly in the Santa Clara County Mock Trial Championship during the month of February 2011; finishing with a record of five wins and one loss; and WHEREAS, the Prospect High School Mock Trial Team has demonstrated a consistent winning tradition. The team has reached the Quarterfinal round or better for the last eleven years, including three trips to the final round in 2006, 2008 and 2011; and WHEREAS, the Prospect High School Mock Trial Team competed in the California State Competition. The team finished with a record of three wins and one loss and received special recognition for Outstanding Pretrial Attorney for the Defense; and WHEREAS, the team members have demonstrated commitment, dedication, and hard work through twice weekly meetings with coaches; and have spent countless hours working, practicing and drilling on their own and with each other; and WHEREAS, Santa Clara County Deputy District Attorney James Leonard has acted as coach and mentor for the team for the last eight years, providing legal expertise and competition coaching, and contributing to the team’s sustained level of success; and WHEREAS, teachers Ms. Marisa Cantone and Mr. Stephen Smith have acted as teacher coaches for the team for the last four and six years, respectively, providing consistent support for the students and high expectations for the team. NOW, THEREFORE, BE IT RESOLVED, that the Saratoga City Council does hereby congratulate and commend the members of Prospect High School Mock Trial Team for their outstanding achievement. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of May 2011. ____________________________ Howard A. Miller, Mayor 14 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proclamation Declaring Sunday, May 1 through Sunday May 8, 2011 as “Days of Remembrance” RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: The Mayor recently received a request to observe the National Days of Remembrance, an annual commemoration of the victims of the Holocaust mandated by the U.S. Congress. The United States Holocaust Memorial Museum has requested that the City commemorate the Days of Remembrance by issuing the attached Days of Remembrance Proclamation. The attached proclamation declares Sunday, May 1 through Sunday, May 8 , 2011 as “Days of Remembrance” FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: 15 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Days of Remembrance Proclamation 16 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING MAY 1 – 8, 2011 AS “DAYS OF REMEMBRANCE” WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of Saratoga should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny; and WHEREAS, we the people of the City of Saratoga should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Saratoga to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, May 1 through Sunday, May 8, 2011, including the Day of Remembrance known as Yom Hashoah, May 1, 2011. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga, does hereby proclaim the week of May 1 – 8, 2011, as Days of Remembrance in memory of the victims of the holocaust. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th Day of May, 2011. _______________________ Howard A. Miller, Mayor City of Saratoga 17 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proclamation Declaring May 1 – May 7, 2011 as “Wildfire Awareness Week” RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: Proclamation recognizing the week of May 1 – 7, 2011, as Wildfire Awareness Week. Don Jarvis, Deputy Chief and Division Chief for Santa Clara County Fire Department – Operations Division, will be present to receive the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 18 ATTACHMENTS: Proclamation 19 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING MAY 1 – 7, 2011 “WILDFIRE AWARENESS WEEK” WHEREAS, many areas around the world have experienced an increase in the frequency and severity of large uncontrollable wildfires, putting life and property at increased risk; and WHEREAS, informed action ensures that we as a society will lessen the causes and effects of unwanted wildfire; and WHEREAS, wildfire prevention is a shared responsibility; and WHEREAS, the International Association of Wildland Fire (IAWF), whose mission is to foster leadership and communication for the wildland fire community, is invigorating its commitment to wildfire prevention around the globe through this bi- annual campaign; and WHEREAS, our vision is to be a global society that is not only vigilant, but also knowledgeable on how to live in fire-prone environments; and WHEREAS, as we pursue measures to safeguard our families, property and fellow firefighters, we must remember that we are an innovative, resourceful, and productive society; and WHEREAS, the strategies for reducing the number of unwanted wildfires may differ by region, but these strategies, when actively applied, work to make a safer environment for all. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga, does hereby recognize and proclaim the week of May 1 – 7, 2011, as “Wildfire Awareness Week”. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th Day of May, 2011. _______________________ Howard A. Miller, Mayor City of Saratoga 20 SARATOGA CITY COUNCIL MEETING DATE: May 4 , 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes –April 20, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the April 20, 2011, City Council Regular Meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Minutes from the April 20, 2011, City Council Regular Meeting. 21 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING APRIL 20, 2011 The City Council met in Closed Session in the Administrative Conference Room at 5:00PM. MAYOR’S REPORT ON CLOSED SESSION Mayor Miller noted there was nothing to report from Closed Session. The City Council held a Joint Meeting in the Administrative Conference Room at 6:00 p.m. with Villa Montalvo Arts Center board members. Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director Michael Taylor, Recreation and Facilities Director John Cherbone, Public Works Director Chris Riordan, Interim Community Development Director Cynthia McCormick, Assistant Planner Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of April 20, 2011, was properly posted on April 14, 2011. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Angela McConnell, Executive Director for Montalvo Arts Center, provided a brief report on the joint meeting held with the City Council at 6:00 p.m. She noted they will be celebrating Montalvo’s 100th year anniversary in 2012. They are planning to do a 100- year old oral history project and invited people to share their stories of events that occurred during the past 100 years, including a story on the “Weddings of the Century”. 22 2 COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Denise Goldberg thanked Mayor Miller for his participation in helping to plant 1,000 daffodils in the form of a river at Kevin Moran Park. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilemember Hunter announced the annual Arbor Day festivities on Friday, April 22nd at 3:30 p.m. at Foothill Park in Saratoga. She also announced the annual Heritage Day event on May 21st at Blaney Plaza. The Parks and Recreation Commission hosted the Audubon Society recently. The Commission has placed bird houses in many of the City’s parks. Councilmember Cappello announced that the Saratoga Chamber of Commerce would be hosting a “Wine Stroll” on May 21st from 3:00 p.m. to 6:00 p.m. Councilmember Lo announced the “Get Healthy” program at the Saratoga Library at 12:00 noon on April 28th. CEREMONIAL ITEMS 1. PROCLAMATION RECOGNIZING APRIL 22, 2011 AS ARBOR DAY IN THE CITY OF SARATOGA STAFF RECOMMENDATION: Read and present the proclamation declaring April 22, 2011 as Arbor Day in the City of Saratoga. Mayor Miller invited Rhonda Berry, President of “Our City Forest” and Mark Johnson, Chair of the Parks and Recreation Commission, up on the Dais to receive the proclamation. 2. SARATOGAN READERSHIP DRAWING STAFF RECOMMENDATION: Randomly draw the name of one person who responded to the Saratogan readership poll and announce the winner. Administrative Analyst II Crystal Morrow presented the staff report. Ms. Morrow noted that this evening they would be randomly drawing the name of one person who responded to the Saratogan readership poll. 23 3 Mayor Miller proceeded with the drawing and the lucky name drawn was Chris Burich. Mr. Burich will receive a $50 gift certificate to a Saratoga business of his choice. SPECIAL PRESENTATIONS None CONSENT CALENDAR 3. CITY COUNCIL REGULAR MEETING MINUTES –APRIL 6, 2011 STAFF RECOMMENDATION: Approve minutes. Councilmember Lo removed this item for one correction. LO/HUNTER MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES –APRIL 6, 2011, AS AMENDED. MOTION PASSED 5-0-0. 4. REVIEW OF ACCOUNTS P AYABLE CHECK REGISTERS STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: March 31, 2011 April 8, 2011 PAGE/CAPPELLO MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: MARCH 31, 2011 AND APRIL 8, 2011. MOTION PASSED 5-0-0. 5. BUDGET AMENDMENT FOR ABAG PLAN INVOICES STAFF RECOMMENDATION: Staff recommends the Council approve the Budget Resolution. RESOLUTION NO. 11 – 021 PAGE/CAPPELLO MOVED TO APPROVE THE BUDGET RESOLUTION FOR THE BUDGET AMENDMENT FOR ABAG PLAN INVOICES. MOTION PASSED 5-0-0. 6. RECORDS MANAGEMENT P ROGRAM: RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS STAFF RECOMMENDATION: Adopt Resolution Authorizing Final Disposition of Certain City Records RESOLUTION NO. 11 – 022 24 4 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 5- 0-0. 7. EXTENSION OF EXISTING COMMUNICATIONS SIT E LEASE AGREEMENT WITH TOWERCO STAFF RECOMMENDATION: Staff recommends the Council approve an extension to the existing communications site lease agreement with TowerCo for an additional five (5) years. Page removed this item for comment and clarification. Recreation Facilities Director Michael Taylor provided clarity on this item. PAGE/CAPPELLO MOVED TO APPROVE AN EXTENSION TO THE EXISTING COMMUNICATIONS SITE LEASE AGREEMENT WITH TOWERCO FOR AN ADDITIONAL FIVE (5) YEARS. MOTION PASSED 5-0-0. 8. MOTOR VEHICLE (MV) RESOLUTION REDUCING SPEED ON SOBEY ROAD STAFF RECOMMENDATION: Move to adopt MV Resolution reducing speed on a portion of Sobey Road MV RESOLUTION NO. 297 PAGE/CAPPELLO MOVED TO ADOPT MV RESOLUTION REDUCING SPEED ON A PORTION OF SOBEY ROAD. MOTION PASSED 5-0-0. 9. REVIEW OF DRAFT JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE CDBG ACTIVITIES. STAFF RECOMMENDATION: Review DRAFT Joint Exercise of Powers Agreement and Cooperation Agreement (JPA) for Community Development Block Grant Program and recommend changes as appropriate. PAGE/CAPPELLO MOVED TO APPROVE THE REVISED DRAFT JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT (JPA) FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THAT WAS PROVIDED TO COUNCIL AT THE COUNCIL MEETING. MOTION PASSED 5-0-0. 10. LANDSCAPING AND LIGH TING ASSESSMENT DIST RICT LLA-1; PRELIMINARY APPROVAL OF ENGINEER'S REPORT AND ADOPTION OF RESOLUTION OF INTENTION FOR FY 11-12 25 5 STAFF RECOMMENDATION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 11- 12 for renewing the Landscaping and Lighting Assessment District LLA-1 as well as Annexation of a New Zone to District LLA-1. 2. Move to adopt the Resolution of Intention. RESOLUTION NO. 11 – 023 RESOLUTION NO. 11 – 024 PAGE/CAPPELLO MOVED TO 1.) ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 11- 12 FOR RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AS WELL AS ANNEXATION OF A NEW ZONE TO DISTRICT LLA-1; and 2.) ADOPT THE RESOLUTION OF INTENTION. MOTION PASSED 5-0-0. 11. RESOLUTION APPROVING APPLICATION FOR STATE OF CALIFORNIA DISASTER RECOVERY INITIATIVE PROGRAM GRANT FUNDS STAFF RECOMMENDATION: 1. Approve the attached resolution authorizing staff to file an application for grant funding through the State of California Disaster Recovery Initiative (DRI) Program; and 2. Appoint Dave Anderson, City Manager, as the City’s Authorized Representative, to execute and submit all documents, including, but not limited to applications, agreements, and payment requests that may be necessary for the completion of the project detailed in the City’s grant application RESOLUTION NO. 11 – 025 PAGE/CAPPELLO MOVED TO 1.) APPROVE THE ATTACHED RESOLUTION AUTHORIZI NG STAFF TO FILE AN APPLICATION FOR GRANT FUNDING THROUG H THE STATE OF CALIFORNIA DISASTER RECOVERY INITIATIVE (DRI) PROGRAM; and 2.) APPOINT DAVE ANDERSON, CITY MANAGER , AS THE CITY’S AUTHORIZED REPRESENTATIVE, TO EXECUTE AND SUBMIT ALL DOCUMENTS, INCLUDING , BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AND PAYM ENT REQUESTS THAT MAY BE NECESSARY FOR THE COMPLETION OF THE PROJECT DETAILED IN THE CITY’S GRANT APPLICATION. MOTION PASSED 5-0-0. PUBLIC HEARINGS 12. ANNEXATION PACKAGE REGARDING APPROXIMATE LY 37.8 ACRES, LOCATED AT 22480 AND 22490 MT. EDEN ROAD (APN 503-09-003 AND 503-09-004): 1) FINAL ANNEXATION APPROVAL FOR 2.68 ACRE PARCEL (INCLUDING PREANNEXATION AGREEMENT); 2) PARCEL MERGER; 3) WILLIAMSON ACT CONTRACT; 4) AGRICULTURAL PRESERVE-OPEN 26 6 SPACE OVERLAY ZONING AMENDMENT; 5) GENERAL PLAN AMENDMENT; 6) CONDITIONAL USE PERMIT AND VARIATION FROM STANDARDS; AND 7) DESIGN REVIEW. STAFF RECOMMENDATION: Approve the proposed annexation by adopting the attached Resolution and associated annexation package documents. Assistant Planner Cynthia McCormick presented the staff report. Mayor Miller opened the public hearing for comment. The following person/s requested to speak on this item: William Brooks, attorney for applicant, spoke in support of the proposed annexation. No one else requested to speak on this item. Mayor Miller closed the public hearing for comment. RESOLUTION NO. 11 - 026 RESOLUTION NO. 11 – 027 RESOLUTION NO. 11 - 028 PAGE/CAPPELLO MOVED TO APPROVE 1.) THE PROPOSED ANNEXATION OF 2.68 ACRES OWNED BY SOUTH THUNDER AS PART OF AN INTEGRATED ANNEXATION PACKAGE BY ADOPTING THE THREE RESOLUTIONS ATTACHED TO THE STAFF REPORT, IDENTIFIED AS THE ANNEXATION RESOLUTION, THE ZONING AND GENERAL PLAN AMENDMENT RESOLUTION AND THE CONDITIONAL USE PERMIT AND DESIGN REVIEW RESOLUTION; and 2.) APPROVE THE GENERAL PLAN AMENDMENT IN CONCEPT AND DIRECT IT TO BE BUNDLED FOR FINAL ADOPTION WITH THE NEXT CITY-INITIATED GENERAL PLAN AMENDMENT – SUBJECT TO THE SPECIFIC REVISIONS THAT ARE REFERENCED IN THE SUPPLEMENTAL STAFF REPORT– INCLUDING THE CORRECTED APN NUMBERS AND THE LAST MINUTE TECHNICAL CHANGES. ROLL CALL VOTE – MOTION PASSED 5-0-0. 13. REVISION OF ORDINANC E REGULATING USE OF ALCOHOL IN CITY PARKS AND FACILITIES STAFF RECOMMENDATION: Staff recommends the Council accept the Parks and Recreation Commission recommendations revising sections in the Municipal Code regulating the use of alcohol in City parks and facilities by: • establishing the number of users constituting a group requiring a permit at twelve (12), 27 7 • eliminating the unique time constraints at certain parks, creating a consistent policy, and • allowing beer and wine, prohibiting all “hard liquor” in the parks. Recreation and Facilities Director Michael Taylor presented the staff report. Mayor Miller opened the public hearing for comment. No one requested to speak on this item. Mayor Miller closed the public hearing for comment. PAGE/ HUNTER MOVED TO ACCEPT PARKS AND RECREATION COMMISSION RECOMMENDATIONS REVISING SECTIONS IN THE MUNICIPAL CODE REGULATING THE USE OF ALCOHOL IN CITY PARKS AND FACILITIES BY: 1.) ESTABLISHING THE NUMBER OF USERS CONSTITUTING A GROUP REQUIRING A PERMIT AT TWELVE (12), 2.) ELIMINATING THE UNIQUE TIME CONSTRAINTS AT CERTAIN PARKS, CREATING A CONSISTENT POLICY, and 3.) ALLOWING BEER AND WINE, PROHIBITING ALL “HARD LIQUOR” IN THE PARKS. MOTION PASSED 5-0-0. 14. 14683 OAK STREET (MI SSIONARY SETTLEMENT HOUSE) - MILLS ACT AGREEMENT STAFF RECOMMENDATION: 1) Open the public hearing and accept public testimony on the attached Resolution to enter into a Mills Act Agreement. 2) Close the hearing and adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 14683 Oak Street. Assistant Planner Michael Fossati presented the staff report. Mayor Miller opened the public hearing for comment. The following person requested to speak on this item. Marilyn Marchetti spoke in support of this item. No one else requested to speak on this item. Mayor Miller closed the public hearing for comment. RESOLUTION NO. 11 - 030 HUNTER/CAPPELLO MOVED TO ADOPT THE ATTACHED RESOLUTION AND DIRECT THE CITY MANAGER TO ENTER INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 14683 OAK STREET. MOTION PASSED 5-0-0. 28 8 15. PROPOSED FEE SCHEDULE UPDATE FOR FY 2011/12 STAFF RECOMMENDATION: Hold public hearing to review recommendations for proposed fee changes, provide direction, and approve resolution amending the City’s Fee Schedule effective for Fiscal Year 2011/12. Administrative Services Director Mary Furey presented the staff report. Mayor Miller opened the public hearing for comment. Marilyn Marchetti requested to speak on this item. Scott Anderson requested to speak on this item. No one else requested to speak on this item. Mayor Miller closed the public hearing for comment. Council proceeded to discuss several specific line items in the User Fee Schedule, which included: Blaney Plaza Reservation Fee, Tree Removal Fee, Tree Appeal Fee, and the Tennis Court Rental Fee. Council voted separately on these items – as noted: BLANEY PLAZA RESERVATION FEE: PAGE/CAPPELLO MOVED TO APPROVE A ONE-TIME RESERVATION FEE OF $25.00 FOR A SARATOGA RESIDENT OR NON-RESIDENT TO RESERVE BLANEY PLAZA EXCLUSIVELY FOR (WITH THE EXCEPTION OF A USE PERMIT RESERVATION): 1.) FEE IS FOR ONE DAY USE; 2.)NO MORE THAN FIVE (5) RESERVATIONS CAN BE MADE PER MONTH; AND 3.) RESERVATION CAN BE MADE NO MORE THAN TWELVE (12) MONTHS IN ADVANCE. MOTION PASSED 3-2-0 WITH HUNTER AND LO OPPOSING. DIRECTION TO STAFF: Council directed staff to bring this item back next year for review and include data in the staff report regarding the number of reservations made during the 2011/12 fiscal year. TENNIS COURT RESERVATION FEE: CAPPELLO/HUNTER MOVED TO INCORPORATE ALL CITY PARKS THAT HAVE A TENNIS COURT IN THE PROPOSED TENNIS COURT FEE SCHEDULE AS STATED. MOTION PASSED 5-0-0. 29 9 TREE REMOVAL PERMIT FEE AND TREE REMOVAL APPEAL FEE: PAGE/ CAPPELLO MOVED TO ACCEPT STAFF RECOMMENDATION FOR PROPOSED TREE PERMIT REMOVAL FEE AND TREE REMOVAL APPEAL FEE. MOTION PASSED 4-1-0 WITH HUNTER OPPOSING. RESOLUTION NO. 11 - 029 CAPPELLO/PAGE MOVED TO ACCEPT RECOMMENDATIONS FOR PROPOSED FEE CHANGES AND APPROVE RESOLUTION AMENDING THE CITY’S FEE SCHEDULE, AS AMENDED, EFFECTIVE FOR FISCAL YEAR 2011/12. MOTION PASSED 5-0-0. At this time Councilmember Hunter suggested that Council consider moving the Consent Calendar on the agenda to the end of the meeting agenda. OLD BUSINESS 16. CONSIDERATION TO CANCEL JULY 20, 2011 RE GULAR COUNCIL MEETING FOR SUMMER RECESS STAFF RECOMMENDATION: Accept report and direct staff accordingly regarding the July 20, 2011 Council meeting. City Clerk Ann Sullivan presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment period. HUNTER/ LO MOVED TO CANCEL THE JULY 20, 2011 CITY COUNCIL MEETING. MOTION PASSED 5-0-0. NEW BUSINESS 17. CONSIDERATION OF A CONDITIONAL USE PERMI T FEE REFUND FOR THE PROPOSED DOWNTOWN FARMERS MARKET STAFF RECOMMENDATION: Consider if the Downtown Farmers Market would be eligible for a refund of their Conditional Use Permit application fees Interim Community Development Director Chris Riordan presented the staff report. 30 10 Mayor Miller invited public comment. The following people requested to speak on this item and spoke in support of the Conditional Use Permit application fee refund: Vicki Seelig Diane Noeske Scott Anderson Debra Cummins No one else requested to speak on this item. Mayor Miller closed the public comment period. CAPPELLO/PAGE MOVED TO APPROVE CONDITIONAL USE PERMIT (CUP) FEE WAIVER FOR THE VILLAGE FARMERS MARKET AND TO TRANSFER THE FUNDS OUT OF THE CUP REIMBURSEMENT INCENTIVE PROGRAM TO COVER THIS FEE WAIVER. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – had nothing to report. Vice Mayor Chuck Page – reported: West Valley Sanitation District – he attended the last meeting and had nothing additional to report. * Vice Mayor Page noted the VTA board will be holding a workshop on Friday, April 22nd. Councilmember Jill Hunter – reported: Historical Foundation – she attended the last meeting and noted they currently have interesting exhibits regarding voting rights for women, including women from Saratoga. She added the Historical Foundation will be participating in the annual Heritage Day event scheduled on May 21, 2011. KSAR Community Access TV Board – she attended last week’s meeting and noted KSAR is doing a phenomenal amount of work covering interesting events in Saratoga. Councilmember Emily Lo – reported: Association of Bay Area Governments – she attended the ABAG Annual Assembly meeting in Oakland on April 14th and later that day she attended a presentation by ABAG and VTA on sustainable community strategy regarding housing, jobs and transportation. *Councilmember Lo noted she also attended the joint meeting of the Santa Clara County Cities Association and the West Valley Mayors and Managers Association on April 14th. Councilmember Manny Cappello – reported: Chamber of Commerce – met last week and noted the Chamber is in the process of preparing merchants for the sign ordinance study sessions that will be going before the Planning Commission in May 2011. He added the Chamber is preparing to have their 31 11 offices open on Saturdays and the Chamber membership has grown to 247 members this year. He noted the annual Classic Car Show event will be held on Sunday, July 24, 2011. *Councilmember Cappello noted he attended a two-day meeting in Sacramento that was coordinated by the Silicon Valley Advocacy Group. The meeting was attended by numerous CEO’s and Executives from Silicon Valley businesses as well as numerous elected officials. The meeting was in response to Governor Jerry Brown’s request for businesses and city officials to assist his office in helping to create good jobs in California, particularly in Silicon Valley. CITY COUNCIL ITEMS Vice Mayor Page suggested agendizing Councilmember Hunter’s suggestion regarding the consideration to move CONSENT CALENDAR ITEMS on the Council meeting agenda to the end of the agenda. City Attorney Richard Taylor noted the Mayor can recommend Council consideration to move items that have been removed from the Consent Calendar for discussion to the end of the meeting – only if there is no one present to speak on the item/s removed for discussion. Vice Mayor Page withdrew his suggestion regarding the Consent Calendar. Mayor Miller recommended agendizing the extension of the CUP Incentive Program since the current fund will expire June 2011. Vice Mayor Page seconded this request. CITY MANAGER’S REPORT None ADJOURNMENT There being no additional business Mayor Miller asked for a motion to adjourn. PAGE/HUNTER MOVED TO ADJOURN THE REGULAR COUNCIL MEETING AT 10:50PM. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 32 12 33 MEETIN DEPART PREPAR SUBJEC RECOM Review an REPORT California City of S submit to disbursem Sectio Clerk file a The follo collective the State T FISCAL Cash and As of Mar with LAIF flow purp allowed to exceeds th NG DATE: TMENT: RED BY: T: Treasur MENDED A nd accept the T SUMMARY a government Saratoga, Arti o the City C ments, and fun on 41004. R k a written rep copy with the wing attachm ely as well as Treasurer’s O IMPACT d Investments rch 31, 2011, F. Council P poses, to avo o fall below $ he minimum SA May 4, 2011 Finance & A Ann Xu, Acc rer’s Report ACTION Treasurer’s R Y t code section icle 2-20, Se Clerk and the nd balances. Regularly, at l port and accou e legislative b ments provide specifically f Office of Quar s Balance by F , the City had Policy on ope id occurrence $2,000,000. T limit required Unrestrict Comerica Deposit w Total Unr ARATOGA Administrative countant for the Mont Report for the n 41004 requ ction 2-20.03 e legislative east once eac unting of all body. e various fina for the City’s rterly LAIF ra Fund d $9,199 in ca erating reserv e of dry peri The total pool d. ted Cash Bank ith LAIF restricted C Cas A CITY C e Services th Ended Ma e month ende uires that the 35, designate body a writ ch month, the receipts, disb ancial transac General (Op ates from the ash deposit at ve funds, adop od financing led cash balan ash s h Summary OUNCIL AGENDA CITY M DEPT H arch 31, 2011 d March 31, 2 City Treasur es the City M tten report a e City Treasu bursements, a ction data for perating) Fund 1st Quarter of Comerica ba pted on Apri , pooled cash nce as of Mar $ 13,40$ 13,414$ A ITEM: MANAGER: HEAD: Mary F 1 2011. rer (the Mun Manager as th and accountin urer shall subm and fund balan r the City of d, including a f 1977 to pres ank, and $13,4 l 20, 1994, st h from all fu rch 31, 2011 i 9,199 05,205 4 ,403 Dave Ander Furey nicipal Code o he City Trea ng of all rec mit to the Cit nces. He sha f Saratoga’s F an attachment sent. 405,205 on d tates that: for unds should n is $13,414,40 rson of the asurer) ceipts, ty all Funds t from eposit r cash not be 03 and 34 The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash 13,414,403$ Plus: Assets 240,015 Less: Liabilities (1,489,781) Ending Fund Balance 12,164,637$ Adjusting Cash to Ending Fund Balance 35 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Description Fund Balance 7/1/10 Increase/ (Decrease) Jul-Feb Current Revenue Current Expenditure Transfers Fund Balance 3/31/11 General Undesignated Unreserved Balance 1,284,366 (1,421,850) 1,090,727 1,061,816 106,000 326,026 Reserved Fund Balance: Petty Cash Reserve 1,300 - - - - 1,300 Designated Fund Balances: Designated for Operations 2,889,077 - - - - 2,889,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 (210,000) - - - 422,380 Designated for Environmental 563,182 (50,000) - - - 513,182 Designated for Uncollected Deposits 44,791 - - - - 44,791 Designated for Hillside Reserve 300,000 - - - (50,000) 250,000 Designated for Capital Project Reserve 126,983 - (126,983) - Designated for CIP Matching Grant 600,000 - - - (600,000) - Designated for Carryforward 68,600 (68,600) - - - - Subtotal 8,010,679 (1,750,450) 1,090,727 1,061,816 (670,983) 5,946,756 Special Revenue Landscape/Lighting Districts 440,391 (8,725) 19,889 22,102 - 429,453 CDBG Federal Grants (9,621) 138,452 100,199 - (116,678) 112,352 SHARP Loan 210,034 345 188 - - 210,567 Capital Project Street Projects 2,169,661 (312,239) (237,310) 123,896 443,661 1,939,876 Park and Trail Projects 653,881 (114,036) - 10,385 150,000 679,460 Facility Improvement Projects 525,256 (169,225) 641 37,424 751,360 1,070,608 Administrative Projects 224,773 (58,937) - 8,732 - 157,104 Tree Fine Fund 16,985 (3,780) 500 1,830 25,000 36,874 CIP Grant Fund - Street Repair (118,073) (241,341) 69,365 1,741 - (291,789) CIP Grant Fund - Park & Trail (46,013) (261,050) - 80,232 - (387,295) Gas Tax Fund 279,470 294,195 122,321 26,211 (106,000) 563,774 Debt Service Library Bond 892,593 (513,265) 484 - - 379,811 Internal Service Fund Liability/Risk Management 244,562 (126,486) 29,764 (1,249) (50,000) 99,089 Workers Compensation 198,592 27,077 (250) 7,829 (25,000) 192,590 Office Stores Fund 26,830 (1,061) 770 3,070 - 23,470 Information Technology Services 213,940 52,095 - 24,373 - 241,662 Equipment Maintenance 54,258 25,574 - 18,403 - 61,429 Building Maintenance 202,570 87,474 - 39,260 - 250,784 Equipment Replacement 236,229 71,723 - - (25,000) 282,951 Technology Replacement 186,686 29,198 - 25,772 (25,000) 165,111 Trust/Agency Library Fund 351,360 - - - (351,360) - KSAR - Community Access TV 109,842 (109,748) (95) - - - Total City 15,074,884 (2,944,213) 1,197,195 1,491,827 - 12,164,637 36 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/10 Increase/ (Decrease) Jul-Feb Current Revenue Current Expenditure Transfers Fund Balance 3/31/11 Street Projects Traffic Safety 168,497 (62,425) - 63,044 52,980 96,008 Highway 9 Safety Project 50,008 53,099 (63,387) - 39,720 Annual Street Resurfacing Project 529,434 (258,660) 32,031 23,590 (65,000) 214,215 Sidewalks Annual Project 87,092 (5,535) - 4,863 1,581 78,276 2010 VTA - FED STP Grant - - - - 65,000 65,000 Saratoga Sunnyvale Road Resurfacing 99,011 - - - - 99,011 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement Design 9,730 - - - 9,730 Quito Road Bridge Construction 214,470 - - - 214,470 Village Façade Program 978 - - - 978 Solar Power Radar Feedback Signs 24,158 - - - 24,158 El Quito Area Curb Replacement 37,553 - - - 37,553 Sobey Road Culvert Repair 50,000 (31,994) - (1,572) (19,578) - Annual Storm Drain Upgrade 53,883 (16,720) - - 2,358 39,520 Village Trees & Lights at Sidestreets 25,336 (25,336) - - - Prospect Road Median 51,663 (972) - - (50,000) 691 City Entrance Sign/Monument 23,788 - - - (23,788) - Padero Erosion Mitigation - - - - 50,000 50,000 Monte Vista Storm Drain - (63,831) - 27,307 92,220 1,082 Canyon View/Elva Drain - - - - 35,000 35,000 Village-Streets cape Impv 549,952 172,765 (205,954) - (16,029) 500,735 Village-Phase II Design - - - - 33,400 33,400 Village-Phase II Construction - - - - 223,400 223,400 Saratoga-Sunnyvale/Gateway Sidewalk 4,107 (72,631) - 6,664 62,117 (13,072) Total Street Projects 2,169,661 (312,239) (237,310) 123,896 443,661 1,939,876 Parks & Trails Hakone Garden Koi Pond 15,600 (9,875) - - 5,725 EL Quito Park Improvements 27,571 (1,847) - 5 25,719 Historical Park Landscape 50,588 (53,097) - - (2,509) Hakone Garden Retaining Wall & D/W 142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - - - 125,000 West Valley Soccer Field (8,201) - - - (8,201) Park/Trail Repairs 23,762 (5,703) - - 18,059 Playground Safety Equipment - - - 8,680 50,000 41,321 Blaney Plaza Improvements - (18,473) - - 25,000 6,527 Ravenswood Playground Improvement - (42) - - 75,000 74,958 Tank Trail Repair 26,731 (25,000) - 1,700 31 Mid Pen O/S Land Purchase 250,000 - - - 250,000 Total Parks & Trails 653,881 (114,036) - 10,385 150,000 679,460 Facility Improvements Facility Projects 81,070 (4,395) 125 4,532 117,923 190,190 Civic Center Improvement 20 - - - (20) - Theater Improvement 71,472 14,729 - 1,882 84,320 Senior Center Minor Building Improvement 1,050 (1,050) - - 1,050 1,050 Senior Center Furniture & Fixture - (23,569) - - 28,000 4,431 Portable Building Gutters 2,460 (2,460) - - 2,460 2,460 North Campus Improvements 3,920 (23,468) - 28,353 175,000 127,099 HVAC System Upgrade 117,949 (117,016) - - (932) - Corp Yard Solar Project 93,250 - - - 93,250 Vehicle Structure Solar 125,000 - - - 125,000 Library Improvement 15,000 (2,684) 516 1,065 351,360 363,127 SPCC Furniture & Fixture 4,065 (3,746) - (256) 1,820 2,394 Museum Storage Bldg - - - 1,848 2,000 152 Hot Water Pump - - - - 2,500 2,500 Electric Upgrades - - - - 5,200 5,200 Electric Charging Station - - - - 65,000 65,000 McWilliams House Improvement 10,000 (5,565) - - 4,435 Total Facility Improvements 525,256 (169,225) 641 37,424 751,360 1,070,608 Administrative Projects Financial System Upgrade 3,534 - - - 3,534 Document Imaging Project 85,183 - - 2,236 82,947 CDD Document Imaging Project 31,989 (671) - 6,073 25,245 CMO Document Imaging Project 8,887 (3,266) - 423 5,198 Telecommunication System 55,000 (55,000) - - - IT Emergency Power Back 40,180 - - - 40,180 Total Administrative Projects 224,773 (58,937) - 8,732 - 157,104 Tree Fine Fund Tree Fine Fund 16,985 (3,780) 500 1,830 25,000 36,874 CIP Fund - Street Repair CIP Grant Fund (118,073) (241,341) 69,365 1,741 (291,789) CIP Fund - Park & Trail CIP Grant Fund (46,013) (261,050) - 80,232 (387,295) Gas Fund Gas Tax Fund 279,470 294,195 122,321 26,211 (106,000) 563,774 Total CIP Funds 3,687,624 (866,414) (44,482) 290,452 1,264,020 3,768,612 37 ATTACHMENT C March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 Quarterly Apportionment Rates Local Agency Investment Fund 38 Dave Anderson Mary Furey Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 04/14/11 117536 117561 26 401,042.64 04/14/11 04/14/11 117535 04/22/11 117562 117634 73 325,316.72 04/22/11 04/14/11 117561 AP Date Check No. Issued to Dept.Amount 04/14/11 117550 Public Safety 354,429.00 04/22/11 117569 PW - CIP 63,894.32 04/22/11 117632 Env Services 140,601.02 The following are Accounts Payable checks that were voided: AP Date Check No.Amount 04/08/11 117532 4,151.50 04/08/11 117533 - 04/08/11 117534 4,151.50 08/31/10 115994 487.00 PREPARED BY:DEPT. DIRECTOR: Prior Check Register Accounts Payable Accounts Payable Checks Released April 14, 2011 April 22, 2011 BKF Engineers General Fund WV Clean Water Pgm SARATOGA CITY COUNCIL MEETING DATE:May 4, 2011 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Total Checks AmountType of Checks Date Starting Check No. Ending Check No. Issued to Description Burton, Schmal Void - reissued Zamar Sound Pro Audio Void - reissued Burton, Schmal Void - reissued City of San Jose Void - reissued The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose Office of the Sheriff General Fund Law Enforcement CIP - Streets Hwy 9 Phase II Improvemt West Valley Sanitation Dist 39 The following is a list of cash reduction by fund: Fund #04/14/11 04/22/11 Total 111 General 399,968.53 197,092.04 597,060.57 231 Village Lighting 2,975.14 2,975.14 232 Azule Lighting 232.52 232.52 233 Sarahills Lighting 247.67 247.67 241 Arroyo de Saratoga Landscape 57.87 57.87 242 Bonnet Way Landscape 92.77 92.77 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape 34.90 34.90 245 Fredericksburg Landscape 34.90 34.90 246 Greenbriar Landscape 153.27 153.27 247 Kerwin Ranch Landscape - 248 Leutar Court Landscape 137.04 137.04 249 Manor Drive Landscape - 251 McCartysville Landscape 248.52 248.52 252 Prides Crossing Landscape 205.46 205.46 253 Saratoga Legends Landscape - 254 Sunland Park Landscape - 255 Tricia Woods Landscape 184.21 184.21 271 Beauchamps Landscape 43.74 43.74 272 Bellgrove Landscape 1,128.44 1,128.44 273 Gateway Landscape 455.26 455.26 274 Horseshoe Landscape/Lighting 8.87 8.87 275 Quito Lighting 1,491.54 1,491.54 276 Tollgate LLD 68.51 68.51 277 Village Commercial Landscape 153.17 153.17 311 Library Bond Debt Service - 411 CIP Street Projects 6,815.94 6,815.94 412 CIP Park & Trail Projects 573.50 573.50 413 CIP Facility Projects 583.00 11,800.00 12,383.00 414 CIP Admin Projects - 421 Tree Fine Fund - 431 Grant Fund - CIP Streets 56,565.65 56,565.65 432 Grant Fund - Parks & Trails 12,527.30 12,527.30 481 Gas Tax Fund 405.00 288.42 693.42 611 Liability/Risk Mgt 1,177.38 1,177.38 612 Workers' Comp 284.02 284.02 621 Office Support Services Fund 77.99 1,413.00 1,490.99 622 Information Technology 10,848.55 10,848.55 623 Vehicle & Equipment Maint 8.12 3,597.56 3,605.68 624 Building Maintenance 14,286.78 14,286.78 631 - 632 92.78 92.78 711 - 401,042.64 325,316.72 - 726,359.36 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement Library Capital Improvement 40 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 4 / 1 4 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 4 0 : 5 5 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 1 4 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 5 3 6 0 4 / 1 4 / 1 1 7 9 M U N I S E R V I C E S L L C 1 1 1 8 1 0 1 B U S L I C E N S E / P P E 3 / 3 1 0 . 0 0 5 , 9 6 0 . 0 7 11 1 1 1 1 1 7 5 3 7 0 4 / 1 4 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 E R L I N E - C M O F F I C E 0 . 0 0 7 6 . 5 8 11 1 1 1 1 1 7 5 3 7 0 4 / 1 4 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 E R R E S P O N S E L I N E 0 . 0 0 1 8 5 . 1 8 11 1 1 1 1 1 7 5 3 7 0 4 / 1 4 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 B L A N E Y M O D E M L I N E 0 . 0 0 1 5 . 2 8 TO T A L C H E C K 0 . 0 0 2 7 7 . 0 4 11 1 1 1 1 1 7 5 3 8 0 4 / 1 4 / 1 1 9 5 3 A R C 1 1 1 4 1 0 1 S C A N N I N G - H E R I T A G E L N 0 . 0 0 8 . 7 4 11 1 1 1 1 1 7 5 3 8 0 4 / 1 4 / 1 1 9 5 3 A R C 1 1 1 5 1 0 1 S C A N N I N G / P W 0 . 0 0 7 3 . 9 4 11 1 1 1 1 1 7 5 3 8 0 4 / 1 4 / 1 1 9 5 3 A R C 1 1 1 5 1 0 1 T S A I V I N E Y A R D S M A P S 0 . 0 0 2 7 . 0 7 TO T A L C H E C K 0 . 0 0 1 0 9 . 7 5 11 1 1 1 1 1 7 5 3 9 0 4 / 1 4 / 1 1 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S E R V I C E S 0 4 / 1 1 0 . 0 0 1 4 , 7 1 9 . 3 1 11 1 1 1 1 1 7 5 4 0 0 4 / 1 4 / 1 1 9 5 2 D I Y A C A D E M Y 1 1 1 6 1 0 1 I N S T R U C T O R - D I Y 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 7 5 4 1 0 4 / 1 4 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 4 6 4 . 7 4 11 1 1 1 1 1 7 5 4 1 0 4 / 1 4 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 0 5 . 2 9 11 1 1 1 1 1 7 5 4 1 0 4 / 1 4 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 2 3 . 3 4 11 1 1 1 1 1 7 5 4 1 0 4 / 1 4 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 3 0 2 . 0 4 11 1 1 1 1 1 7 5 4 1 0 4 / 1 4 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 9 0 . 5 4 11 1 1 1 1 1 7 5 4 1 0 4 / 1 4 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 4 8 . 4 5 TO T A L C H E C K 0 . 0 0 1 , 6 3 4 . 4 0 11 1 1 1 1 1 7 5 4 2 0 4 / 1 4 / 1 1 5 3 2 E M P L O Y M E N T D E V E L O P M E N T D 1 1 1 8 1 0 1 R E I M B U R S A B L E C H A R G E S 0 . 0 0 2 , 4 5 8 . 4 0 11 1 1 1 1 1 7 5 4 3 0 4 / 1 4 / 1 1 5 0 0 F E L I C I A P O L L O C K 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 5 4 4 0 4 / 1 4 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 8 1 9 1 1 1 - 0 0 1 A L O H A / H W Y 9 0 3 / 1 1 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 7 5 4 5 0 4 / 1 4 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 3 0 6 . 0 0 11 1 1 1 1 1 7 5 4 5 0 4 / 1 4 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 1 4 . 2 0 11 1 1 1 1 1 7 5 4 5 0 4 / 1 4 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 4 4 . 8 0 11 1 1 1 1 1 7 5 4 5 0 4 / 1 4 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 1 8 3 . 6 0 11 1 1 1 1 1 7 5 4 5 0 4 / 1 4 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 4 4 . 8 0 11 1 1 1 1 1 7 5 4 5 0 4 / 1 4 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - B A S K E T B A L L 0 . 0 0 1 2 4 . 2 0 TO T A L C H E C K 0 . 0 0 1 , 3 1 7 . 6 0 11 1 1 1 1 1 7 5 4 6 0 4 / 1 4 / 1 1 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 6 9 . 0 0 11 1 1 1 1 1 7 5 4 6 0 4 / 1 4 / 1 1 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 8 5 . 0 0 TO T A L C H E C K 0 . 0 0 5 5 4 . 0 0 11 1 1 1 1 1 7 5 4 7 0 4 / 1 4 / 1 1 2 1 2 L I V I N G S T O N E , J O H N 1 1 1 8 2 0 1 R E I M / L I F E I N S U R A N C E 0 . 0 0 8 0 9 . 6 3 11 1 1 1 1 1 7 5 4 8 0 4 / 1 4 / 1 1 6 7 8 M U N I C I P A L C O D E C O R P O R A T I 1 1 1 2 2 0 1 O R D I N A N C E S U P P L E M E N T 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 7 5 4 9 0 4 / 1 4 / 1 1 8 9 2 N I M B U S C O N S U L T I N G G R O U P 1 1 1 3 1 0 1 P R O F S V C - S B 9 0 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 7 5 5 0 0 4 / 1 4 / 1 1 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 L A W E N F O R C E M E N T 0 4 / 1 1 0 . 0 0 3 5 4 , 4 2 9 . 0 0 11 1 1 1 1 1 7 5 5 1 0 4 / 1 4 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 6 4 . 6 4 41 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 4 / 1 4 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 4 0 : 5 5 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 1 4 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 5 5 2 0 4 / 1 4 / 1 1 1 5 6 O K I N , Y E L E N A 1 1 1 6 1 0 1 I N S T R U C T O R - B E A D I N G 0 . 0 0 2 9 . 0 0 11 1 1 1 1 1 7 5 5 3 0 4 / 1 4 / 1 1 6 0 O N T R A C 4 8 1 9 1 1 1 - 0 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 1 5 . 0 0 11 1 1 1 1 1 7 5 5 3 0 4 / 1 4 / 1 1 6 0 O N T R A C 1 1 1 5 1 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 1 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 7 5 5 4 0 4 / 1 4 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 9 0 . 1 7 11 1 1 1 1 1 7 5 5 4 0 4 / 1 4 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 2 7 5 . 7 6 TO T A L C H E C K 0 . 0 0 8 6 5 . 9 3 11 1 1 1 1 1 7 5 5 5 0 4 / 1 4 / 1 1 9 1 S A N T A C L A R A V A L L E Y T R A N S 1 1 1 5 1 0 1 M B R F E E Q 3 / 1 1 & Q 4 / 1 1 0 . 0 0 1 0 , 8 4 5 . 6 3 11 1 1 1 1 1 7 5 5 6 0 4 / 1 4 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - Z U M B A 0 . 0 0 6 . 0 0 11 1 1 1 1 1 7 5 5 7 0 4 / 1 4 / 1 1 1 6 5 S H N G R O U P S A L E S 1 1 1 6 1 0 1 E X C U R S I O N T I X 6 / 2 7 / 1 1 0 . 0 0 3 , 6 8 0 . 0 0 11 1 1 1 1 1 7 5 5 8 0 4 / 1 4 / 1 1 5 9 6 S O M E R S E T S T U D I O S 4 1 3 9 3 2 2 - 0 0 1 R P R - L I G H T I N G / T H E A T R E 0 . 0 0 5 8 3 . 0 0 11 1 1 1 1 1 7 5 5 9 0 4 / 1 4 / 1 1 5 8 7 S T A T E B O A R D O F E Q U A L I Z A T 6 2 3 5 2 0 2 F U E L T A X 0 1 / 1 1 - 3 / 1 1 0 . 0 0 8 . 1 2 11 1 1 1 1 1 7 5 6 0 0 4 / 1 4 / 1 1 8 2 6 T H E G R A N D V I E W 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 8 8 8 . 1 3 11 1 1 1 1 1 7 5 6 1 0 4 / 1 4 / 1 1 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 R Y U 4 2 7 1 5 9 C O P I E R 4 / 1 1 0 . 0 0 3 5 . 1 0 11 1 1 1 1 1 7 5 6 1 0 4 / 1 4 / 1 1 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 R Y U 2 7 2 9 7 1 C O P I E R 1 / 1 1 0 . 0 0 4 2 . 8 9 TO T A L C H E C K 0 . 0 0 7 7 . 9 9 TO T A L C A S H A C C O U N T 0 . 0 0 4 0 1 , 0 4 2 . 6 4 TO T A L F U N D 0 . 0 0 4 0 1 , 0 4 2 . 6 4 TO T A L R E P O R T 0 . 0 0 4 0 1 , 0 4 2 . 6 4 42 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 4 / 2 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 5 : 1 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 2 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 5 6 2 0 4 / 2 2 / 1 1 7 9 M U N I S E R V I C E S L L C 1 1 1 8 1 0 1 S U T A S R V C P E 0 9 / 3 0 / 1 0 0 . 0 0 1 , 8 0 4 . 0 3 11 1 1 1 1 1 7 5 6 3 0 4 / 2 2 / 1 1 5 8 1 $ 1 5 S E W E R S E R V I C E 6 2 4 6 2 0 2 R E P A I R S / C I T H A L L 0 . 0 0 1 5 2 . 5 0 11 1 1 1 1 1 7 5 6 4 0 4 / 2 2 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 5 4 5 . 0 8 11 1 1 1 1 1 7 5 6 4 0 4 / 2 2 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 P R O S P E C T C T R A L A R M S 0 . 0 0 2 9 . 6 6 11 1 1 1 1 1 7 5 6 4 0 4 / 2 2 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 1 5 . 5 9 11 1 1 1 1 1 7 5 6 4 0 4 / 2 2 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 T I T U S / P R O S P E C T M E D I A N 0 . 0 0 1 5 7 . 8 8 11 1 1 1 1 1 7 5 6 4 0 4 / 2 2 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 . 0 0 1 5 3 . 7 4 11 1 1 1 1 1 7 5 6 4 0 4 / 2 2 / 1 1 2 3 4 A T & T 2 7 7 5 3 0 2 B I G B A S I N W A Y 0 . 0 0 1 5 3 . 1 7 TO T A L C H E C K 0 . 0 0 1 , 0 5 5 . 1 2 11 1 1 1 1 1 7 5 6 5 0 4 / 2 2 / 1 1 2 7 A B A G P L A N C O R P O R A T I O N 6 1 1 8 4 9 9 R E F U N D - O V E R P A Y M E N T 0 . 0 0 3 8 2 . 3 8 11 1 1 1 1 1 7 5 6 6 0 4 / 2 2 / 1 1 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 R P R B O L T / C . S P R I N G S P K 0 . 0 0 1 2 0 . 0 0 11 1 1 1 1 1 7 5 6 6 0 4 / 2 2 / 1 1 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 4 6 2 0 2 K E Y E S - F A C I L I T I E S 0 . 0 0 1 5 . 5 1 TO T A L C H E C K 0 . 0 0 1 3 5 . 5 1 11 1 1 1 1 1 7 5 6 7 0 4 / 2 2 / 1 1 5 0 0 A N N E H E R S C H 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 5 6 8 0 4 / 2 2 / 1 1 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 4 / 1 1 0 . 0 0 1 3 1 . 0 7 11 1 1 1 1 1 7 5 6 9 0 4 / 2 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 1 , 6 2 0 . 1 5 11 1 1 1 1 1 7 5 6 9 0 4 / 2 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 1 2 , 5 0 4 . 9 9 11 1 1 1 1 1 7 5 6 9 0 4 / 2 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 2 , 5 1 3 . 8 6 11 1 1 1 1 1 7 5 6 9 0 4 / 2 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 1 9 , 4 0 2 . 9 8 11 1 1 1 1 1 7 5 6 9 0 4 / 2 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 3 , 1 9 4 . 6 6 11 1 1 1 1 1 7 5 6 9 0 4 / 2 2 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 2 4 , 6 5 7 . 6 8 TO T A L C H E C K 0 . 0 0 6 3 , 8 9 4 . 3 2 11 1 1 1 1 1 7 5 7 0 0 4 / 2 2 / 1 1 1 3 0 C D W G O V E R N M E N T 6 3 2 3 2 0 2 S U P P L I E S - C A R T R I D G E 0 . 0 0 9 2 . 7 8 11 1 1 1 1 1 7 5 7 0 0 4 / 2 2 / 1 1 1 3 0 C D W G O V E R N M E N T 6 2 2 3 2 0 1 S U P P L I E S - B A C K U P T A P E S 0 . 0 0 6 4 7 . 9 6 TO T A L C H E C K 0 . 0 0 7 4 0 . 7 4 11 1 1 1 1 1 7 5 7 1 0 4 / 2 2 / 1 1 5 0 0 C H U C K B L O C H 1 1 1 A R B 0 9 - 0 0 4 3 0 . 0 0 1 , 5 7 0 . 0 0 11 1 1 1 1 1 7 5 7 2 0 4 / 2 2 / 1 1 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R P R / H R O F F I C E 0 . 0 0 4 7 7 . 6 1 11 1 1 1 1 1 7 5 7 3 0 4 / 2 2 / 1 1 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 R E T E N T I O N P A Y A B L E # 0 5 4 0 . 0 0 7 4 0 . 0 0 11 1 1 1 1 1 7 5 7 4 0 4 / 2 2 / 1 1 2 5 8 C O U R T E S Y C H E V R O L E T L L C 6 2 3 5 2 0 2 P A R T S - V E H # 1 2 2 0 . 0 0 7 0 . 2 5 11 1 1 1 1 1 7 5 7 4 0 4 / 2 2 / 1 1 2 5 8 C O U R T E S Y C H E V R O L E T L L C 6 2 3 5 2 0 2 P A R T S - V E H # 1 0 7 0 . 0 0 1 4 6 . 2 9 TO T A L C H E C K 0 . 0 0 2 1 6 . 5 4 11 1 1 1 1 1 7 5 7 5 0 4 / 2 2 / 1 1 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 M T H L Y S V C 0 3 / 1 6 - 0 4 / 1 5 0 . 0 0 8 5 4 . 2 6 11 1 1 1 1 1 7 5 7 5 0 4 / 2 2 / 1 1 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 M T H L Y S V C 0 4 / 1 6 - 0 5 / 1 5 0 . 0 0 7 3 6 . 9 4 TO T A L C H E C K 0 . 0 0 1 , 5 9 1 . 2 0 11 1 1 1 1 1 7 5 7 6 0 4 / 2 2 / 1 1 2 6 5 C O W L E S , P A T 1 1 1 2 3 0 1 M I L E A G E R E I M 0 4 / 1 3 / 1 1 0 . 0 0 1 3 . 5 7 11 1 1 1 1 1 7 5 7 7 0 4 / 2 2 / 1 1 5 8 9 C P O L T D 1 1 1 6 1 0 1 R P R / P A R T - P R I N T E R 4 3 5 0 0 . 0 0 2 1 2 . 3 6 43 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 4 / 2 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 5 : 1 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 2 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 5 7 8 0 4 / 2 2 / 1 1 5 0 0 D A R L Y & R H O N D A H U F F 1 1 1 0 6 - 3 4 7 0 . 0 0 2 , 3 4 2 . 0 1 11 1 1 1 1 1 7 5 7 9 0 4 / 2 2 / 1 1 5 6 4 D E L A G E L A N D E N P U B L I C F I 6 2 1 3 1 0 2 C O P I E R 0 3 / 2 1 - 0 4 / 2 0 / 1 1 0 . 0 0 1 , 4 1 3 . 0 0 11 1 1 1 1 1 7 5 8 0 0 4 / 2 2 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 3 2 5 . 2 6 11 1 1 1 1 1 7 5 8 0 0 4 / 2 2 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 N S T R U C T O R - G O L F 0 . 0 0 1 5 9 . 1 2 TO T A L C H E C K 0 . 0 0 4 8 4 . 3 8 11 1 1 1 1 1 7 5 8 1 0 4 / 2 2 / 1 1 1 D E P T O F E N V I R O M E N T A L H E A 6 2 3 5 2 0 2 H A Z W A S T E P E R M I T F E E S 0 . 0 0 2 , 5 5 2 . 0 0 11 1 1 1 1 1 7 5 8 2 0 4 / 2 2 / 1 1 5 0 0 D O R I S A N N C O O P E R 1 1 1 6 2 0 1 R E F U N D - B A N N E R 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 5 8 3 0 4 / 2 2 / 1 1 3 6 6 E C O N O M I C D R I V I N G S C H O O L 1 1 1 6 1 0 1 I N S T R U C T O R - D R I V E R S E D 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 7 5 8 4 0 4 / 2 2 / 1 1 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 0 5 . 3 7 11 1 1 1 1 1 7 5 8 4 0 4 / 2 2 / 1 1 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 9 6 . 6 5 11 1 1 1 1 1 7 5 8 4 0 4 / 2 2 / 1 1 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 2 9 . 4 3 11 1 1 1 1 1 7 5 8 4 0 4 / 2 2 / 1 1 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 1 . 5 7 TO T A L C H E C K 0 . 0 0 6 4 3 . 0 2 11 1 1 1 1 1 7 5 8 5 0 4 / 2 2 / 1 1 4 2 1 E W I N G I R R I G A T I O N 4 1 2 9 2 5 2 - 0 0 1 I R R I G A T I O N - Q U I T O P K 0 . 0 0 5 7 3 . 5 0 11 1 1 1 1 1 7 5 8 6 0 4 / 2 2 / 1 1 4 6 3 G R A I N G E R 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 1 . 5 8 11 1 1 1 1 1 7 5 8 7 0 4 / 2 2 / 1 1 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M O N T H L Y S V C 0 5 / 1 1 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 7 5 8 8 0 4 / 2 2 / 1 1 4 5 3 G T J O R D A N E L E C T R I C , I N C 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R L I G H T I N G 0 . 0 0 1 1 , 8 0 0 . 0 0 11 1 1 1 1 1 7 5 8 9 0 4 / 2 2 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N H E L D P O # 1 9 0 . 0 0 - 1 , 2 5 2 . 7 3 11 1 1 1 1 1 7 5 8 9 0 4 / 2 2 / 1 1 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 3 2 9 2 7 4 - 0 0 1 J O E ’ S T R A I L - S A R A T O G A 0 . 0 0 1 2 , 5 2 7 . 3 0 TO T A L C H E C K 0 . 0 0 1 1 , 2 7 4 . 5 7 11 1 1 1 1 1 7 5 9 0 0 4 / 2 2 / 1 1 4 8 3 N A N C Y H I G G I N S L A N D S C A P E 1 1 1 6 1 0 1 I N S T R U C T O R - G A R D E N I N G 0 . 0 0 2 7 6 . 0 0 11 1 1 1 1 1 7 5 9 1 0 4 / 2 2 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E S V C - Q U I T O P A R K 0 . 0 0 2 , 4 9 5 . 0 0 11 1 1 1 1 1 7 5 9 1 0 4 / 2 2 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 O A K M A I N T / C T Y H A L L 0 . 0 0 5 5 0 . 0 0 11 1 1 1 1 1 7 5 9 1 0 4 / 2 2 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - R A V E N W O O D 0 . 0 0 1 , 7 5 0 . 0 0 11 1 1 1 1 1 7 5 9 1 0 4 / 2 2 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 2 0 1 E R S R V / B L A N E Y P L A Z A 0 . 0 0 1 2 , 6 2 2 . 5 0 11 1 1 1 1 1 7 5 9 1 0 4 / 2 2 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 6 2 3 5 2 0 2 S U P P L I E S - S T R E E T S 0 . 0 0 9 7 . 1 8 TO T A L C H E C K 0 . 0 0 1 7 , 5 1 4 . 6 8 11 1 1 1 1 1 7 5 9 2 0 4 / 2 2 / 1 1 9 5 6 I N D E P E N D E N T S T A T I O N E R S 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 2 . 3 7 11 1 1 1 1 1 7 5 9 2 0 4 / 2 2 / 1 1 9 5 6 I N D E P E N D E N T S T A T I O N E R S 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 7 3 . 1 8 11 1 1 1 1 1 7 5 9 2 0 4 / 2 2 / 1 1 9 5 6 I N D E P E N D E N T S T A T I O N E R S 6 2 2 3 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 3 . 9 7 TO T A L C H E C K 0 . 0 0 2 4 9 . 5 2 11 1 1 1 1 1 7 5 9 3 0 4 / 2 2 / 1 1 5 0 0 J U D G E A R O R A 1 1 1 A R B 0 9 - 0 0 2 0 0 . 0 0 9 4 0 . 0 0 11 1 1 1 1 1 7 5 9 3 0 4 / 2 2 / 1 1 5 0 0 J U D G E A R O R A 1 1 1 G E O 0 9 - 0 0 0 8 0 . 0 0 6 1 7 . 5 6 TO T A L C H E C K 0 . 0 0 1 , 5 5 7 . 5 6 11 1 1 1 1 1 7 5 9 4 0 4 / 2 2 / 1 1 5 0 0 J U D Y W E L L M A N 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 44 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 4 / 2 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 5 : 1 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 2 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 5 9 5 0 4 / 2 2 / 1 1 5 6 7 K A N E N T O U R S 1 1 1 6 1 0 1 8 / 3 1 / 1 1 E X C U R S I O N 0 . 0 0 1 , 3 2 5 . 0 0 11 1 1 1 1 1 7 5 9 6 0 4 / 2 2 / 1 1 5 0 0 K A N G Z A U A N D A L I C E T O N G 1 1 1 A D R 0 7 - 0 0 0 1 0 . 0 0 5 3 3 . 8 5 11 1 1 1 1 1 7 5 9 7 0 4 / 2 2 / 1 1 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C - M U S E U M 0 . 0 0 2 3 5 . 0 0 11 1 1 1 1 1 7 5 9 8 0 4 / 2 2 / 1 1 7 0 6 K I M B E R L Y S A X T O N - H E I N R I C H 1 1 1 6 1 0 1 T I X S / S U N D A Y S A D R A G 0 . 0 0 2 , 6 5 7 . 8 9 11 1 1 1 1 1 7 5 9 9 0 4 / 2 2 / 1 1 5 2 4 K I R K , R O B E R T 1 1 1 M E D R E I M J A N - M A R C H / 1 1 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 7 6 0 0 0 4 / 2 2 / 1 1 5 0 0 K R I S S Y W E S T O N 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 0 1 0 4 / 2 2 / 1 1 1 7 1 L A B O S S I E R E , M O N I C A 1 1 1 2 3 0 1 M I L E A G E R E I M 4 / 1 1 - 4 / 1 3 0 . 0 0 4 9 . 3 7 11 1 1 1 1 1 7 6 0 2 0 4 / 2 2 / 1 1 5 0 0 L A U R I E L A U N E R 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 7 6 0 3 0 4 / 2 2 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 P L A N T S / K . M O R A N P A R K 0 . 0 0 5 3 1 . 0 0 11 1 1 1 1 1 7 6 0 4 0 4 / 2 2 / 1 1 5 0 0 L Y N N E T E R S I N I 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 7 6 0 5 0 4 / 2 2 / 1 1 5 0 0 M A N J U B A N E R J E 1 1 1 M I S C 1 1 - 0 0 0 5 0 . 0 0 5 4 0 . 0 0 11 1 1 1 1 1 7 6 0 6 0 4 / 2 2 / 1 1 5 0 0 M I K E A N D K I M S I L V E R M A N 1 1 1 0 6 - 2 8 4 0 . 0 0 1 , 0 2 1 . 2 7 11 1 1 1 1 1 7 6 0 7 0 4 / 2 2 / 1 1 7 8 1 M O R R O W , C R Y S T A L 1 1 1 8 1 0 1 R E I M - G D T O G R E A T B K S 0 . 0 0 3 4 2 . 5 6 11 1 1 1 1 1 7 6 0 8 0 4 / 2 2 / 1 1 7 1 M U N I Q U I P 6 2 3 5 2 0 2 F I L T E R S 0 . 0 0 8 4 . 9 5 11 1 1 1 1 1 7 6 0 9 0 4 / 2 2 / 1 1 5 0 0 N A N C Y A N D E R S O N 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 1 0 0 4 / 2 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 2 1 0 1 B U S C A R D S - B R E T S C H N E I D 0 . 0 0 5 0 . 1 0 11 1 1 1 1 1 7 6 1 0 0 4 / 2 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 1 1 0 1 B U S C A R D S - P A G E 0 . 0 0 5 0 . 1 0 11 1 1 1 1 1 7 6 1 0 0 4 / 2 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 6 1 0 1 B U S C A R D S - W A L K E R 0 . 0 0 7 5 . 0 2 11 1 1 1 1 1 7 6 1 0 0 4 / 2 2 / 1 1 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 4 1 0 1 M C K E N N A / M C L E A N / B E A R 0 . 0 0 2 4 1 . 8 5 TO T A L C H E C K 0 . 0 0 4 1 7 . 0 7 11 1 1 1 1 1 7 6 1 1 0 4 / 2 2 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 / 0 6 - 0 3 / 1 2 0 . 0 0 8 1 7 . 0 0 11 1 1 1 1 1 7 6 1 1 0 4 / 2 2 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 / 1 3 - 0 3 / 1 9 0 . 0 0 2 8 5 . 0 0 11 1 1 1 1 1 7 6 1 1 0 4 / 2 2 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 / 2 0 - 0 3 / 2 6 0 . 0 0 4 3 7 . 0 0 11 1 1 1 1 1 7 6 1 1 0 4 / 2 2 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 / 2 7 - 0 3 / 3 1 0 . 0 0 1 9 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 7 2 9 . 0 0 11 1 1 1 1 1 7 6 1 2 0 4 / 2 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 4 . 1 7 11 1 1 1 1 1 7 6 1 2 0 4 / 2 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 4 . 1 7 11 1 1 1 1 1 7 6 1 2 0 4 / 2 2 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 7 . 4 1 TO T A L C H E C K 0 . 0 0 1 2 5 . 7 5 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S 0 . 0 0 2 7 8 . 6 8 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 T R A F F I C S I G N A L S 0 . 0 0 1 , 0 9 5 . 2 1 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 4 6 1 . 7 8 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 2 , 9 7 5 . 1 4 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 A Z U L E L I G H T I N G 0 . 0 0 2 3 2 . 5 2 45 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 4 / 2 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 5 : 1 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 2 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 S A R A H I L L S L I G H T I N G 0 . 0 0 2 4 7 . 6 7 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 1 5 3 0 2 M C C A R T S V I L L E 0 . 0 0 1 7 . 7 4 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 3 2 . 2 0 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 8 . 8 7 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 4 3 . 7 4 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 4 1 9 . 1 9 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 3 5 3 0 2 G A T E W A Y S E R V I C E 0 . 0 0 2 7 0 . 9 0 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 4 5 3 0 2 H O R S E S H O E D R 0 . 0 0 8 . 8 7 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 Q U I T O L I G H T I N G 0 . 0 0 1 , 0 8 5 . 3 4 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 5 , 4 0 4 . 3 4 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 C I T Y W I D E S T L I G H T S 0 . 0 0 6 7 8 . 2 7 11 1 1 1 1 1 7 6 1 3 0 4 / 2 2 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P U B L I C L I B R A R Y 0 . 0 0 4 , 4 0 8 . 8 5 TO T A L C H E C K 0 . 0 0 1 7 , 6 6 9 . 3 1 11 1 1 1 1 1 7 6 1 4 0 4 / 2 2 / 1 1 5 0 0 R A M I Z S E J D I J A 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 1 5 0 4 / 2 2 / 1 1 5 0 0 R I V E S C H A L M E R S 1 1 1 4 1 0 1 R E F U N D - T R E E P E R M I T 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 6 1 6 0 4 / 2 2 / 1 1 5 0 0 R O T A R Y C L U B O F L O S G A T O S 1 1 1 6 2 0 1 R E F U N D - B A N N E R 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 1 7 0 4 / 2 2 / 1 1 5 0 0 S A C R E D H E A R T S C H O O L 1 1 1 6 2 0 1 R E F U N D - B A N N E R 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 3 9 9 . 7 1 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 2 , 3 1 5 . 0 5 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 5 5 3 0 2 F R E D E R I C K S B U R G 0 . 0 0 3 4 . 9 0 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 6 5 3 0 2 G R E E N B R I A R 0 . 0 0 1 5 3 . 2 7 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 2 3 0 . 7 8 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 1 7 5 . 3 4 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 5 7 . 8 7 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 8 5 3 0 2 L E U T A R C T 0 . 0 0 1 3 7 . 0 4 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 9 2 . 7 7 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 1 7 3 . 2 6 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 7 0 9 . 2 5 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 3 4 . 9 0 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 6 8 . 5 1 11 1 1 1 1 1 7 6 1 8 0 4 / 2 2 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 1 8 4 . 3 6 TO T A L C H E C K 0 . 0 0 4 , 7 6 7 . 0 1 11 1 1 1 1 1 7 6 1 9 0 4 / 2 2 / 1 1 8 4 6 S A R A T O G A R O T A R Y 1 1 1 6 2 0 1 R E F U N D - B A N N E R 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 7 6 2 0 0 4 / 2 2 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 6 3 . 0 0 11 1 1 1 1 1 7 6 2 0 0 4 / 2 2 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 9 . 2 0 TO T A L C H E C K 0 . 0 0 1 0 2 . 2 0 11 1 1 1 1 1 7 6 2 1 0 4 / 2 2 / 1 1 5 0 0 S A R A T O G A S W I M C L U B 1 1 1 6 2 0 1 R E F U N D - B A N N E R 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 2 2 0 4 / 2 2 / 1 1 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H # 1 1 1 0 . 0 0 2 2 7 . 9 6 11 1 1 1 1 1 7 6 2 3 0 4 / 2 2 / 1 1 8 2 6 T H E G R A N D V I E W 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 3 1 7 . 1 9 11 1 1 1 1 1 7 6 2 4 0 4 / 2 2 / 1 1 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 S U N G A R D P L U S M T C 5 / 1 1 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 7 6 2 4 0 4 / 2 2 / 1 1 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 M T H L Y M A I N T 0 5 / 1 1 0 . 0 0 3 6 4 . 0 0 46 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 0 4 / 2 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 5 : 1 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 2 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T TO T A L C H E C K 0 . 0 0 5 , 7 5 4 . 0 0 11 1 1 1 1 1 7 6 2 5 0 4 / 2 2 / 1 1 8 5 9 T H E H A K O N E F O U N D A T I O N 1 1 1 6 2 0 1 R E F U N D - B A N N E R 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 6 2 6 0 4 / 2 2 / 1 1 3 8 9 U S A V E R O C K E R Y 4 8 1 9 1 1 1 - 0 0 1 S U P P L I E S - B A S E R O C K 0 . 0 0 4 2 . 6 1 11 1 1 1 1 1 7 6 2 6 0 4 / 2 2 / 1 1 3 8 9 U S A V E R O C K E R Y 4 8 1 9 1 1 1 - 0 0 1 S U P P L I E S - F I L L S A N D 0 . 0 0 2 4 5 . 8 1 TO T A L C H E C K 0 . 0 0 2 8 8 . 4 2 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 P O S T A G E 0 . 0 0 0 . 9 8 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A N N - C N C L M T G E X P S . 0 . 0 0 6 0 . 5 8 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 R E F U N D / L C W C O N F . 0 . 0 0 - 4 4 5 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 O F F I C E E Q U I P / B R A D L . 0 . 0 0 1 8 1 . 9 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 H R L U N C H M T G / B R O K E R 0 . 0 0 2 9 . 6 8 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 1 8 4 0 1 H R C O N F E R E N C E 0 . 0 0 7 9 5 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 H R T R A I N I N G / N C C I P M A 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T A Y L O R - P L U G N P A Y F E E 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 E R O F F I C E S U P P L I E S 0 . 0 0 8 . 9 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 A D A M - M T H L Y E M A I L S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 A B B Y - P U B L I C S T O R A G E 0 . 0 0 5 8 . 5 7 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 D E B B I E - M T G E X P E N S E S 0 . 0 0 4 2 . 8 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 D E B B I E - C T Y C L E R K D U E S 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 D E B B I E - C N C L M T G E X P S 0 . 0 0 5 2 1 . 6 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 D E B B I E - C N C L M T G E X P S 0 . 0 0 4 9 . 4 1 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 M A Y O R L U N C H M T G S 0 . 0 0 5 0 . 2 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 A B B Y - L E G A L N O T I C E S 0 . 0 0 1 , 1 8 9 . 5 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 K I M - E X C U R S I O N E X P S 0 . 0 0 2 , 0 6 8 . 1 2 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 J O A N - C O F F E E S U P P L I E S 0 . 0 0 4 0 . 3 4 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 J O A N - W E L L N E S S S N A C K S 0 . 0 0 8 3 . 6 7 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - E M A I L S E R V E R C E R T 0 . 0 0 2 3 2 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 1 0 1 L E O - M A R C H B A C K U P 0 . 0 0 9 6 . 9 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 L E O - C A R D S / F L A S H D R V E S 0 . 0 0 6 4 . 5 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 S H A W N - S U P L I E S / P A R K S 0 . 0 0 2 8 . 3 2 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 2 7 5 5 3 0 2 Q U I T O T R E E P L A N T I N G 0 . 0 0 4 0 6 . 2 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 R I C K - O T M E A L S / C R E W 0 . 0 0 1 0 4 . 1 9 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 A U T O P A R T S / S U P P L I E S 0 . 0 0 2 1 2 . 1 4 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 L U N C H / C A M P B E L L C R E W 0 . 0 0 6 9 . 9 2 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M M A N C M E M B E R S H I P 0 . 0 0 6 5 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 5 3 8 . 9 6 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 C A D R E N E W A L 0 . 0 0 3 8 7 . 6 6 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S N A C K S / T R A F F I C S F T Y 0 . 0 0 2 1 . 4 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 6 5 . 5 2 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 F O O D / P L A N N I N G C O M M T G 0 . 0 0 1 4 . 6 2 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 J A N A - W E L L N E S S S N A C K S 0 . 0 0 2 0 0 . 3 5 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 3 / 1 / 1 1 P U B L I C A T I O N 0 . 0 0 2 7 7 . 1 4 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 C C A C M E M B E R S H I P 0 . 0 0 1 2 0 . 0 0 11 1 1 1 1 1 7 6 2 8 0 4 / 2 2 / 1 1 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 A N N - C N C L M T G E X P S 0 . 0 0 4 . 4 9 TO T A L C H E C K 0 . 0 0 7 , 8 5 5 . 9 6 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 1 0 1 C T Y M G R O F F I C E 0 . 0 0 1 . 4 2 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 2 0 1 C T Y C L E R K O F F I C E 0 . 0 0 6 3 . 4 0 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 3 0 1 H R D E P T . 0 . 0 0 6 5 . 1 6 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 3 1 0 1 A D M I N I S T R A T I V E D E P T . 0 . 0 0 5 9 . 8 7 47 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 6 DA T E : 0 4 / 2 2 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 5 : 1 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 4 2 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T D E P T . 0 . 0 0 5 9 . 8 7 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 C D D - B U I L D I N G 0 . 0 0 7 5 . 8 3 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 C D D - D E V E L O P M E N T 0 . 0 0 3 6 . 5 1 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C D D - C O D E C O M P L I A N C E 0 . 0 0 3 6 . 3 8 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 2 0 1 P W - S T R E E T S 0 . 0 0 1 7 1 . 3 4 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 3 0 1 P W - P A R K S 0 . 0 0 3 0 6 . 2 6 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 2 P W - D E V E N G I N E E R I N G 0 . 0 0 0 . 4 7 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - D E V E N G I N E E R I N G 0 . 0 0 7 2 . 7 6 11 1 1 1 1 1 7 6 2 9 0 4 / 2 2 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 6 2 4 6 2 0 2 B U L I D I N G M A I N T . 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BACKGROUND: The City Council discussed the issue of alcohol use in City parks at its annual retreat on January 28, 2011. The Parks and Recreation Commission met on March 8, 2011 to discuss the issues and made recommendations to the Council to: • establish the number of users constituting a group requiring a permit at twelve (12), • eliminate the unique time constraints at certain parks, creating a consistent policy, and • allow beer and wine, prohibiting all “hard liquor” in the parks. Council approved of the revisions to develop clearer language and update the ordinance regulating alcohol use in City parks at the April 20, 2011 meeting. This presentation is the second reading of the proposed revision. FISCAL IMPACTS: It is expected that any fiscal impact as a result of revising the ordinance would be minimal. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no changes in the existing Ordinances regulating alcoholic beverages in the parks. Staff would continue to enforce current policies. FOLLOW UP ACTION: As directed by Council. ATTACHMENTS: Attachment A – Proposed Municipal Code revisions (redline version) 49 ORDINANCE __________ An Ordinance amending Article 11-05 of the Saratoga Municipal Code related to use of City Parks Findings 1. The City of Saratoga wishes to update and clarify standards for use of City parks to (1) provide uniform standards for alcohol use in City parks, (2) reduce from 25 to 12 the number of persons in a group that triggers the requirement for a special permit, and (3) replace outdated terminology. 2. The Parks and Recreation Commission of the City of Saratoga considered proposed amendments to the City Code concerning use of City parks and following a duly noticed public hearing on March 8, 2011 recommended adoption of this ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on April 20, 2010 and after considering all testimony and written materials provided in connection with that hearing introduced and adopted this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Sections .050, .051, and .052 of Article 11-05 of the Saratoga City Code are amended as shown below. Text to be inserted is shown in double underlined bold font (example) and text to be deleted is shown in strikethrough font (example). 11-05.050 - Acts prohibited except with special permit. No person shall do any of the following acts within the limits of any park in the City except upon the issuance of a special permit therefor for such act(s) pursuant to Article 11-10, and only so long as such permit remains in full force and effect and the permittee has complied with all conditions set forth therein: (a) The use or occupation of any park or area thereof by any publicly advertised assemblage or by any group of persons twenty-five twelve or more in number. (b) The right to the exclusive use or occupation of any park or area thereof by any person or group of persons, regardless of number. (c) Amplified sound exceeding twenty-five watts of total output from all channels of equipment and used therefor in any park or area thereof. (d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any food, drink, goods, wares, merchandise or services of any kind, or advertisement of the same, in any park or area thereof. (e) The consumption, exhibition, or possession of any alcoholic beverage other than beer or wine with an alcohol content of fifteen (15) percent or less. 50 11-05.051 - Alcohol prohibited in Wildwood Park during certain times, except with special permit. (a) No person shall consume, drink, exhibit or possess any alcoholic beverage within Wildwood Park at any time between 12:01 A.M. Monday and 8:00 A.M. Saturday of each week, without first having obtained a group use permit, pursuant to Article 11-10. (b) The activities described in subsection (a) of this Section may only take place within the area of the park so designated by the group use permit. (c) The prohibitions set forth in subsection (a) of this Section shall not apply to any day proclaimed a holiday by formal action of the City, the State or the federal government. 11-05.052 - Alcohol prohibited in El Quito Park, except with special permit. (a) No person shall consume, drink, exhibit or possess any alcoholic beverage within El Quito Park at any time, without first having obtained a group use permit, pursuant to Article 11-10. (b) The activities described in subsection (a) of this Section may only take place within the area of the park so designated by the group use permit. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act. These amendments concerning park use are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the minor amendments are clarifying only and would have a de minimis impact on the environment Section 4. Publication. 51 This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and first reading waived at the regular meeting of the City Council of the City of Saratoga held on April 20, 2011, and was adopted by the following vote following a second reading on May 4, 2011: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 52 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: John Cherbone Administrative Analyst II Public Works Director SUBJECT: Azule Park Petanque Court – Notice of Completion RECOMMENDED ACTION: Move to accept the Azule Park Petanque Court project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. BACKGROUND: All work on the Azule Park Petanque Court has been completed by the City’s contractor, Golden State General Engineering of San Jose to the satisfaction of City inspectors. The scope of work included all of the labor, equipment, and materials needed to construct a 30 foot by 80 foot petanque court in Azule Park. The project was completed on time and within budget. Additionally, the quality of work is very satisfactory. It is therefore recommended that the City Council accept the project as complete and authorize the City Manager to sign the Notice of Completion. FISCAL IMPACTS: This project is funded in the fiscal year 2010/11 capital budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project can be accepted as complete. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract. 53 Page 2 of 2 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Notice of Completion 54 Recording requested by, And to be returned to: City of Saratoga Attn. City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, is accepted as complete by the Owner on or around the 5th day of May, 2011. Contract Number: N/A Contract Date: February 10, 2011 Contractor’s Name: Golden State General Engineering, Inc. Contractor’s Address: 1794 Conrad Avenue San Jose CA 95124 Description of Work Azule Park Petanque Court Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on May 5, 2011. CITY OF SARATOGA BY:____________________________ ATTEST:____________________________ Dave Anderson Ann Sullivan, City Clerk City Manager Gov. Code 40814 55 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works Director SUBJECT: Monte Vista Storm Drain Pumping System – Notice of Completion RECOMMENDED ACTION: Move to accept the Monte Vista storm drain pumping system project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. BACKGROUND: All work on the Monte Vista pumping system has been completed by the City’s contractor, Northern Underground Construction, Inc. of San Jose to the satisfaction of City inspectors. The scope of work included all of the labor, equipment, and materials needed to construct a storm drain pumping system on Monte Vista Drive. Overall, the quality of construction completed through this contract was very satisfactory. It is therefore recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract. FISCAL IMPACTS: This project is funded in the fiscal year 2010/11 capital budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project can be accepted as complete. 56 Page 2 of 2 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Notice of Completion 57 Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on or around the 22nd day of March, 2011. Contract Number: N/A Contract Date: October 28, 2010 Contractor’s Name: Northern Underground Construction, Inc. Contractor’s Address: 334 Mustang Street, San Jose, CA 95123 Description of Work: Monte Vista Pumping System Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on___________________, 2011. CITY OF SARATOGA BY:____________________________ ATTEST:____________________________ Dave Anderson Ann Sullivan, City Clerk City Manager Gov. Code 40814 58 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: Christopher Riordan, AICP SUBJECT: Appeal APCC11-0001 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR10-015) to construct a new 23’-6” tall one-story single-family residence at 15395 Pepper Lane RECOMMENDED ACTION: Staff recommends the City Council deny the appeal, thus approving the proposed new 23’-6” tall one-story single-family residence. REPORT SUMMARY: Project History The Planning Commission reviewed this application at their March 23, 2011 meeting. During the site visit held on the day preceding the meeting, the Appellant brought to the attention of the Planning Commission his concerns that the location of the proposed residence would block his views of the nearby hills. The Appellant’s residence is located at 15351 Pepper Lane, immediately adjacent to the proposed project. At the Appellant’s request, the Planning Commission also viewed the proposed project from inside his home. While in his home the Appellant pointed out the location and height of the applicant’s “story poles” to further illustrate his belief that the proposed project would block his views. The Appellant reiterated his concerns to the Planning Commission during the Public Hearing. The Planning Commission approved the project and on April 4, 2011 the Appellant filed an appeal. Included as Attachment #5 is a written report submitted by the Appellant that discusses how the location of the proposed new residence is not in compliance with the policies of the City of Saratoga Residential Design Handbook. The Appellant states that the proposed home would not comply with both Policy #3 (Avoid Interference with Privacy) and Policy #4 (Preserve Views and Access to Views). Included as Attachment # 6 are materials submitted by the Applicant that provide background information on the 51 foot front yard setback of the proposed residence. The applicant states that the proposed setback is a result of 1) locating the building footprint to preserve an existing Magnolia tree as required by the City Arborist; and 2) complying with the average setback of the adjacent ten houses. Pepper Lane is characterized by homes with front setbacks that exceed the 30 foot minimum for the R-1-40,000 zoning district. The map submitted by the applicant (Attachment #7) indicates that the average front setback for the existing homes on the west side 59 of Pepper Lane (the project side of the street) between Glen Una Drive and Lark Way is 53 feet. The map also indicates that the average front setback on the opposite side of the street is 75 feet. Project and Site Characteristics The gross square footage of the lot is 20,954 square feet with an average slope of 5.4%. The proposed project would consist of a new 4,474 square feet 23’-6” tall one story single-family dwelling. No accessory buildings are proposed. The maximum allowable floor area is 4,518 square feet. The applicant has identified the architectural style of the proposed residence as “Mediterranean”. Proposed architectural details include a stucco exterior finish, arched fixed windows and rectangular shaped operable wood windows, and an ornate double-sash entrance door opening into an interior entrance hall. Other features include decorative iron railings around the light wells and a dark beige colored stone veneer used for the tower element and base of the building. The roof would be composed of slate with a blend of brown and grey tiles. The circular front driveway would be made of grass underlain with “Grasspave” which are composed of honeycombed shaped reinforcements installed below the level of the grass thereby creating a surface capable of supporting the weight of motor vehicles. This driveway surface would look like a normal lawn and would not be considered an impervious surface. Trees The project is proposing to remove three trees protected by City Code. These include an 11.2” American Sweetgum in good condition, a 35” multi-trunk Avocado in fair condition, and a 16.7” Almond in fair condition. The three trees are within the proposed building footprint. Their proposed removal has been approved by the City Arborist. The project includes a condition of approval requiring the applicant to plant new trees to equal or exceed the $9,680 appraised value of the trees to be removed. Nine additional trees could potentially be impacted by construction. These include two American sweet gums, one Colorado blue spruce, one California pepper, one southern magnolia, one coast live oak, one English walnut, one saucer magnolia, and one English holly. These trees would be protected by tree fencing during the construction of the project. The applicant would be required to submit a $38,310 security deposit (100% of their appraised value) for the protection of these trees prior to issuance of a building permit. FISCAL IMPACTS: Not Applicable CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Applicant would either not demolish the existing home or would submit another Design Review application for a new residence. 60 ALTERNATIVE ACTION: 1. Uphold the appeal and overturn the Planning Commission’s approval of the proposed project, thus denying Design Review Application PDR10-0015. 2. Continue the public hearing to allow the applicant an opportunity to restudy project-related issues raised by the City Council. FOLLOW UP ACTION: Not Applicable ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution affirming Planning Commission approval of application PDR10-0015 2. Appeal application 3. Planning Commission Staff Report dated March 23, 2011 meeting (without attachments) 4. Project Description Letter (prepared by Applicant) 5. Appellants’ Report 6. Applicants’ Report 7. Setback Exhibit (prepared by project architect) 8. Neighbor Notification Forms for Planning Commission meeting 9. Arborist Report. 10. GreenPoint Rated Checklist for Single-family Homes (prepared by Applicant) 11. Exhibit A – Plans reviewed by Planning Commission (City Council Members Only) 61 Page 1 of 10 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW APPLICATION PDR10-0015 Jayam; 15395 Pepper Lane Construction of new one-story home WHEREAS, on March 23rd, 2011, the City of Saratoga Planning Commission approved Design Review application PDR10-0015 to construct a one-story single-family residence. The total floor area of the proposed residence would be approximately 4,474 square feet. The height of the proposed residence would be 23’-6”; and WHEREAS, on April 4, 2011, Laurence and Thurldean Mitchell, filed an appeal of the Planning Commission’s approval of Design Review application PDR10-0015; and WHEREAS, on May 4, 2011 the City Council held a public hearing to consider the application at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the application and all testimony and other evidence submitted in connection therewith; and WHEREAS, the City Council upheld the determination and findings of the Planning Commission approval of the design review application; and WHEREAS, the proposed project including the construction of a new single-family residence is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code. This exemption allows for the construction or conversion of up to three single-family residences. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review, and is consistent with the following General Plan Policies: Conservation Element Policy 2.0 – Conserve natural vegetation and significant topographic features which exist in Saratoga and its Sphere of Influence. The project would not be removing any heritage or native trees. Three trees protected by City Code are proposed for removal as they are located within the proposed building footprint. These include an American Sweetgum, a multi-trunk Avocado, and an Almond. The project includes a condition of approval requiring the applicant to plant new trees equal to or exceeding $9,680. The other trees on the site potentially impacted by the construction will be protected by fencing. The project would not be impacting any significant topographic features. Conservation Element Policy 6.0 - Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Proposed building materials fronting the street would include natural materials and muted colors such as beige colored stucco 62 Page 2 of 10 and trim, wood doors, and stone veneer. The visual impact of the development as viewed from Pepper Lane would be reduced by the articulation of the building, the 51 foot front setback, and the maximization in front yard landscaping. Land Use Element Goal 1.0 – Maintain the predominantly small-town residential character of Saratoga which includes semi-rural and open space areas. The proposed building is a one- story single family home that is most indicative of a “small-town” residential character. It will be constructed of natural materials and will be approximately 23’-6” feet in height as viewed from the street. This reduced height below the maximum, varied roof lines, and architectural details will reduce the visual mass of the structure and will not overwhelm or dominate the adjacent structures or the semi-rural character of the street. Land Use Element Goal 13 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the findings required for Design Approval. The home is well designed and is not visually massive, the architectural details and features and the use of natural materials compliment the Mediterranean architectural style which is an architectural design that is used throughout the neighborhood. The design will not adversely impact the privacy of the adjacent neighbors. As conditioned, the application meets the following Findings required for Design Approval. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) The project avoids unreasonable interference with views and privacy. For the following reasons, the height, elevations and placement on the site of the proposed main structure, when considered with reference to: (1) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (2) community view sheds, will avoid unreasonable interference with views and privacy. The maximum height of the proposed one story dwelling is approximately 23.5 feet. All structures on the site will meet and or exceed minimum setbacks. Existing and/or proposed landscaping will screen views of the home from adjacent properties. (b) The project preserves the natural landscape. This finding can be made in the affirmative in that the project is not proposing to remove any native trees. Three trees within the proposed footprint would be removed. The trees would be replaced with new trees that equal or exceed the $9,680 appraised value of the trees to be removed. (c) The project preserves native and heritage trees. This finding can be made in the affirmative in that the project would not remove any Native and/or Heritage trees. (d) The project minimizes the perception of excessive bulk. This finding can be made in the affirmative in that the design of the main structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment in that the building has been designed to conform to the natural contours of the site. The perception of excessive bulk is minimized by the use of varying architectural forms, the use of natural exterior materials, rooflines that break up the 63 Page 3 of 10 massing and reduce the perception of height and mass, and entrance feature in scale with the design of the home, and a horizontal orientation of the building footprint. (e) The project is of compatible bulk and height. This finding can be made in the affirmative in that the proposed main structure will be compatible in terms of bulk and height with (1) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment; and shall not (1) unreasonably impair the light and air of adjacent properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy in that the proposed setbacks for the one story structure will meet or exceed the minimum for the R-1-40,000 zoning district. Residences in the area are spread out given the minimum lot size requirements; the proposed structure is compatible in bulk and height with other homes located in the area and differences in height is mitigated by their physical distance that separates them from the proposed project and by the fact that existing landscaping screens the site from adjacent properties; and additionally, the bulk will be minimized through the use of varying rooflines through changes in height and form and a combination of vertical and horizontal architectural articulation and projections. The residences on adjacent lots are all one story. The proposal is compatible with the natural environment as to bulk and height and does not unreasonably impair access to light and air or the solar potential of adjacent properties. (f) The project uses current grading and erosion control methods. This finding can be made in the affirmative in that the proposed grading plan incorporates current grading and erosion control standards used by the City. The location of the proposed residence is approximately in the same location as the existing residence to reduce grading. In addition, the Project is conditioned to conform to the City’s current grading and erosion control standards and comply with applicable NPDES Standards. The Project is also conditioned to require detention of storm water on site where feasible. As designed, drainage from downspouts and impervious areas is being directed toward the landscaped area in an attempt to maintain storm water on site. If not all storm water is to be retained on site, the grading plan is required to provide an explanation of the reason and how the stormwater which will flow offsite will be in compliance with City and NPDES Standards. The offsite stormwater flow shown on the grading plan shall be subject to prior review and approval by the Community Development Director to assure compliance. (g) The project follows appropriate design policies and techniques. This finding can be made in the affirmative in that the proposed residence will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook as required by Section 15-45.055. The proposed Project has been reviewed by staff and determined to conform to all of the applicable design policies and techniques in the Residential Design Handbook, including for example minimizing the perception of bulk, integrating the residential buildings with the environment, and designing for energy efficiency. CONDITIONS OF APPROVAL A. GENERAL 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 64 Page 4 of 10 DEMOLITION, GRADING, OR BUILDING PERMIT 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 ACCEPTABLE TO THE COMMUNITY DEVELOPMENT DIRECTOR. 2. 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 EQUIVALENT. 3. CONDITIONS MAY BE MODIFIED ONLY BY THE PLANNING COMMISSION UNLESS MODIFICATION IS EXPRESSLY OR OTHERWISE ALLOWED BY THE CITY CODE INCLUDING BUT NOT LIMITED TO SECTIONS 15-80.120 AND/OR 16- 05.035, AS APPLICABLE. 4. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed by the City, 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 Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. 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. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 8. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. 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: 65 Page 5 of 10 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. In addition, prior to any Zoning Clearance from the Community Development Director, 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 Community Development Director. B. COMMUNITY DEVELOPMENT 9. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans with a February 8, 2011 revision date denominated Exhibit "A" and the Color Board dated July 14, 2010 denominated Exhibit “B”. 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 A.3, above. 10. A maximum of one wood-burning fireplace is permitted per habitable structure (e.g., main house or guest house). All other fireplaces shall be gas burning. 11. Fences. Fences and walls shall comply with City Code Chapter 15-29. 12. Heating, ventilation, and air conditioning equipment shall comply with City Code Section 15-80.030(l). Air conditioning condensers shall not be installed within any required setbacks. 13. All building exterior lighting shall be on a timer or motion detector to ensure that the lights do not remain on during the evening when the building is not in use. Prior to building permit issuance, the Applicant shall submit a final exterior lighting plan that complies with Section 15-35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting fixtures shall allow direct light rays to leave the project site, or allow direct light sources (incandescent, fluorescent, or other forms of electric illumination) to be directly visible from off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts anywhere on the property. The plan shall be subject to review and approval by the Planning Division of the Community Development Department prior to building permit issuance 14. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Director for 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Landscape installation and replacement for screening or ornamentation. A landscaped area required as a condition of any Design Review Approval shall be planted with materials suitable for screening or ornamenting the site and providing erosion control on all cut and fill graded areas, whichever is appropriate. Plant materials shall be replaced as needed to screen 66 Page 6 of 10 or ornament the site. Landscaping shall be installed to provide erosion control on all graded areas. All landscaping shall be installed to the satisfaction of the Community Development Director. 16. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the Owner as may be prescribed by the Community Development Director. 17. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise comply with City Code Section 16-75.030. 18. Construction truck routes. Construction trucks shall only use designated truck routes. 19. Noise limitations during construction. The noise level at any point twenty-five feet from the source of noise shall not exceed 83 dBA during residential construction, and residential construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with the exception of that construction, alteration or repair activities which are authorized by a valid City permit and which do not exceed fifty percent of the existing main or accessory structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on site at all times for all exterior residential construction activity requiring a City permit. 20. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval authorizes a construction, remodeling, or demolition project affecting more than two thousand five hundred square feet of floor space the Applicant is required to provide to the Building Official a construction and demolition debris recycling plan prior to the issuance of any Demolition, Grading or Building Permit. 21. 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. 22. Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains, 67 Page 7 of 10 drainageways, streets or road right-of-ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 23. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to promote surface infiltration, and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan and comply with Section 16-75.030 of the City Code to the extent applicable; and g. to minimize erosion during construction all slopes within 20 feet of the building pad shall be planted with natural vegetation. This landscaping shall be planted prior to issuance of a building permit and shall remain in place for a minimum of one year after building permit final. 24. 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 Community Development Department Director or designee 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. B.1 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 (five feet beyond the dripline (the area under the canopy) or a greater distance as determined by the City Arborist) 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. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; 68 Page 8 of 10 f. City Arborist Reports dated February 7, 2011 printed onto separate construction plan pages; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 25. Staff shall not approve downgrading to the exterior appearance of the approved residence. Downgrades may include, but are not limited to, garage doors, architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require approval in compliance with condition A.3 above. 26. Project shall comply with the State of California “Water Efficient Landscape Ordinance” pursuant to State Law AB 1881. C. PUBLIC WORKS 27. Geotechnical Clearance. a. The applicant’s geotechnical consultant shall review and approve all geotechnical aspects of the project grading and construction plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations) to ensure that their recommendations have been properly incorporated. Geotechnical design aspects of sump pump and roof downspout discharge shall be evaluated. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review along with other documents for building permit plan-check. b. The geotechnical consultant 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, observation of foundation excavations prior to placement of steel and concrete, and testing of engineered fill placement. The consultant shall perform a final inspection of completed project drainage improvements around the residence and property. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (as-built) project approval. c. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. d. 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. D. CITY ARBORIST 28. All recommendations contained in the City Arborist Reports dated February 7, 2011 shall be followed. 29. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by Staff prior to issuance of City Permits. 30. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $38,310 to guarantee the maintenance and preservation of trees. 69 Page 9 of 10 31. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 32. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions as specified in Exhibit “C” attached. CITY ATTORNEY 33. Applicant agrees to hold City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of City in connection with City’s defense of its actions in any proceeding brought in any State or Federal Court, challenging the City’s action with respect to the applicant’s project. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the testimony received, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the appeal is denied and application number PDR10-0015 for Design Review Approval is hereby granted subject to the following conditions: Section 2. Construction must commence within thirty-six (36) months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City of Saratoga City Council, State of California, on the 4th day of May 2011 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller Mayor ATTEST: ____________________________________ Ann Sullivan City Clerk 70 Page 10 of 10 This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions. __________________________________ _________________________ Property Owner or Authorized Agent Date 71 72 RECEIVt:O CITY OF SARATOGA APR 04-2011 APPEAL APPLICA TI01"l CITY 01-(:;AKA rOGA (Revised July 2007) Appellant Name: LAv(u',Jc.e. tJ. 111, "f<;IJt'I"L ;, -filvleLlJ€A,J I( #2r"c..,.JeJ,.L Address: )535, ~fPe& L4rJE.,.:i-I4I1rt)6A 41 1.s 0 7() Telephone #: (~8) 3 75· 4-:J 0" ' Name of Applicant 11 N'1 (lfdifferentthanAppe11ant); 1\11N] ~ "lAyJAA -:liiy4tt1 Project (ile number and address: P I) I{ I 0 . C> () IS/'!5 21 oS PI!:. ?Yl!~ LA~e Decision bei~ appealed: -1/.1111' 1'HE pi:$" ,~III k. 0 e. w WM IJ ,PtJAf,H'e. I? 8, '1714. f'LIt,.j,J/~ Iii Co "'ml $h~"';- Grounds forappea\(Lettermay be attached): II LLrrE.f{ OVrL,AI'~NG nil! P1te..rr 4rI i) LA"J tJ II. L ftJ LL. it wi • Applicant Sign4ture:~ ~. ~..ll.'/ Dale: /J...fh*<J:2,"2.0 II I:8l City Code Section 2-05,030 (8) appeals: • No Hearing • With Hearing o City Code Section 15-90,010 appeals (Zoning related): • Appeals from Adminis1rative Decisions to the Planning Commission o City Code Section 15-90,020 appeals (Zoning related): • Appeals from Pl8lUling Commissioo to the City Council o City Code Section 13-20,060 appeals • Appeals from Heritage Preservation Commission to the Planning Commission, o City Code Section 15-50.100 (a) appeals (Trees); • Appeals from Administrative DecisiollS to the Planning Planning Commission o Request for II Continuance: • Fif'8t Requests • 2"" ,Request $100.00 $600.00 $400.00 $600,00 No Charge ssoo.oo No Charge $250.00 Date Received: ________ Hearing Date: _______ _ Fee: ___________ Recejpt#: _________ ~ 73 CITY OF SARATOGA 13777 FRUITVALE AVENUE' SARATOGA, CALIFORNIA 95070 (408) 868-1201 Project Number Receipt Print Date: Address Applicant Owner Project Description 111.1101-43131 Appeal to City Council Receipt Number: 20872 APCC11-0001 04/04/2011 15395 PEPPER LN JAYAM RAM & MAYURA APPEAL DESIGN REVIEW OF 23' TALL NEW RE FEES PAID 111·1101·43131 Total Fees for Account 111·1101-43131: TOTAL FEES PAID DATE PAID: Monday, April 4, 2011 PAID BY: LAWRENCE & THURLDEAN MITCHELL PAYMENT METHOD: Check 5125 600.00 600.00 600.00 REPORT TO THE PLANNING COMMISSION Application No./Location: PDR10-0015/15395 Pepper Lane Type of Application: Design Review for a 23’-6” One Story Single-Family Residence with Basement Applicant/Owner: Chris Spaulding/Ram & Mayura Jayam Staff Planner: Chris Riordan Meeting Date: March 23, 2011 APN: 510-02-011 Department Head: Chris Riordan 15395 PEPPER LANE 74 Application No. PDR10-0015 – 15395 Pepper Lane Page 2 of 6 EXECUTIVE SUMMARY PROJECT HISTORY: Application filed: …………………………………… 07/14/10 Application complete: ………………………………. 10/28/11 Notice published: …………………………………… 03/09/11 Mailing completed: …………………………………. 02/28/11 Posting completed: ………………………………….. 03/17/11 PROJECT DESCRIPTION: The applicant is requesting Design Review approval to construct a new 23’-6” tall, one story, single-family residence on an approximately 20,954 square feet (gross) lot located at 15395 Pepper Lane. The project site is located within the R-1-40,000 zone district. The existing ranch style one-story home would be removed. The proposed replacement structure would include a 4,474 square foot one story home with an attached two-car garage. The architect has described the proposed design as “Mediterranean.” The project is proposing to remove three trees that are protected by City Code. These include an 11.2” American Sweetgum in good condition, a 35” multi-trunk Avocado in fair condition, and a 16.7” Almond in fair condition. The three trees are within the proposed building footprint and their proposed removal has been approved by the City Arborist. The project includes a condition of approval that requires the applicant to plant new trees to equal or exceed the $9,680 appraised value of the trees to be removed. Zoning Code Section 15-45.060 states that for any new single story structure over eighteen feet in height, or whenever, as a result of proposed construction, reconstruction or expansion, the gross floor area of all structures on a site will exceed 6,000 square-feet, Design Review approval is required by the Planning Commission. The proposal consists of a new 23’-6” tall single-family home; therefore, Planning Commission review is required. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the proposed Design Review application with required findings and conditions by adopting the attached Resolution. 75 Application No. PDR10-0015 – 15395 Pepper Lane Page 3 of 6 STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RLVD (Very Low Density Residential) MEASURE G: Not Applicable PARCEL SIZE: Gross: 20,954 square feet. SLOPE: Approximately 5.4 % average site slope. GRADING REQUIRED: A total of 667 cubic yards of combined cut and fill. ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. MATERIALS AND COLORS: The exterior finish of the proposed residence would feature beige colored stucco with dark beige colored trim. The vinyl clad wood windows would be dark beige to match the trim. The double sash, rectangle shaped, wood front entrance door would have clear class and decorative wrought iron details between the panes of glass. The “carriage style” garage doors would be made of wood and stained brown to match the door on the residence. The tower element and the base would be covered with a stone veneer. The roof would be covered slate with a blend of brown and gray tiles. Details of the materials are included in the below table. A colors and materials board is available on file with the Community Development Department and will be present at both the site visit and public hearing. Detail Colors and Materials Mfg. & Specification # Windows Vinyl Clad Wood Windows/Powder Coated Finish - dark beige color. Kolbe & Kolbe Front Door Double Sash Wood Door with glass and wrought iron - dark stain Cantera Doors “Valencia” Garage Door Wood Carriage Door with a Dark Brown Color Carriage House Door Company Building Ext. Stucco Generic Exterior Cement Plaster Roof State Roofing with brown and gray tiles Genuine Slate 76 Application No. PDR10-0015 – 15395 Pepper Lane Page 4 of 6 PROJECT DATA: R-1-40,000 Zoning Net Site Area: 20,954 sq. ft. Existing/Proposed Allowable/Required Proposed Site Coverage Building Driveway: Walkways/Patio: Lightwells Total Proposed Site Coverage 4,679 SF 1,344 SF 626 SF 162 SF 6,811 SF (32.5 %) 7,334 SF Floor Area Residence Attached Garage: Enclosed Porch Total Proposed Floor Area 3,804 SF 540 SF 130 SF 4,474 SF 4,518 SF Basement 1,548 SF Not included in total floor area Code Section 15-06.090 Grading Site: Building: Totals: Cut 12 CY 594 CY 606 CY Fill 37 CY 24 CY 61CY Total 49 CY 618 CY 667 CY Grading Limits Not Applicable to R-1-40,000 Zone District Height (Main Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 641.2 FT 645.8 FT 643.5 FT 667.1 FT (23’-6”) Maximum Height = 669.5 (26 Feet) Setbacks Front: Rear: Left Side: Right Side: First Floor 51’- 1” 50’- 0” 12’- 6” 13’- 3” Second Floor NA NA NA NA First Floor 30 FT 50 FT 12-7” FT 12-7” FT Second Floor NA NA NA NA PROJECT DISCUSSION AND SITE CHARACTERISTICS Existing Site Characteristics The 20,954 (gross) square foot project site is located at 15395 Pepper Lane. The average slope of the lot is 5.4%. The existing one-story ranch style single-family home would be removed. 77 Application No. PDR10-0015 – 15395 Pepper Lane Page 5 of 6 Proposed Project and Architectural Style The proposed project would consist of a new 4,474 square feet 23’-6” tall one story single- family dwelling. No accessory buildings are proposed. The maximum allowable floor area is 4,518 square feet. The applicant has identified the architectural style of the proposed residence as “Mediterranean”. Proposed architectural details include a stucco exterior finish, arched fixed windows and rectangular shaped operable wood windows, and an ornate double-sash entrance door opening into an interior entrance hall. Other features include decorative iron railings around the light wells and a dark beige colored stone veneer used for the tower element and base of the building. The roof would be composed of slate with a blend of brown and grey tiles. The circular front driveway would be made of grass underlain with “Grasspave” which are honeycombed shaped reinforcements installed below the level of the grass thereby creating a surface capable of supporting the weight of motor vehicles. This driveway surface would look like a normal lawn and would not be considered an impervious surface. Fireplaces Saratoga City Code Section 15-48.030 establishes a limit of one wood burning fireplace per structure. The project would have one gas burning fire places located in the family room. Air Conditioning / HVAC City Code requires air conditioning condensers to be located outside required setbacks. The plans indicate the presence of an air conditioner within the rear setback. The applicant is aware of this and will be relocating the air conditioner condenser out of a setback area. The project would include a standard condition of approval which states that air conditioning condensers cannot be located within setback areas. No generators are being proposed. Geotechnical Clearance JF Consulting, Inc. prepared a Geotechnical Investigation for the proposed project, dated May 17, 2010. On August 3, 2010, the project received geotechnical clearance to proceed with special conditions from Cotton Shires and Associates (the City’s Geotechnical Consultant) and the Public Works Department. Trees The project is proposing to remove three trees that are protected by City Code. These include an 11.2” American Sweetgum in good condition, a 35” multi-trunk Avocado in fair condition, and a 16.7” Almond in fair condition. The three trees are within the proposed building footprint. Their proposed removal has been approved by the City Arborist. The project includes a condition of approval that requires the applicant to plant new trees to equal or exceed the $9,680 appraised value of the trees to be removed. Nine additional trees could potentially be impacted by construction. These include two American sweet gums, one Colorado blue spruce, one California pepper, one southern 78 Application No. PDR10-0015 – 15395 Pepper Lane Page 6 of 6 magnolia, one coast live oak, one English walnut, one saucer magnolia, and one English holly. These trees would be protected by tree fencing during the construction of the project. The applicant would be required to submit a $38,310 security deposit (100% of their appraised value) for the protection of these trees prior to issuance of a building permit. Energy Efficiency The applicant submitted a GreenPoint Rated Checklist (Attachment #3). Article 16-47 (Green Building Regulations) Section 16.47.040 of the City Code requires all new residential projects to meet the minimum GreenPoint Rated requirements of 50 points. The “green features” proposed for the project would earn a score of 65 points. Some of the proposed green features would include: • Drought tolerant landscaping, minimum use of turf, and drip irrigation to reduce water use; • Using permeable pavers for at least 25 percent of the projects hardscape; • The use of “engineered lumber” for beams, header, floor joists and Oriented Strand Board (OSB) for Subfloors; • The use of a gas fireplace in lieu of wood burning; and • The use of Energy Star rated appliances. Other “green features” include installation of efficient ductwork and appliances to minimize energy waste, exceeding Title 24 energy requirements by 15%, the use of low VOC (volatile organic compound) adhesives and paint, and low flow plumbing fixtures. Neighbor Correspondence The applicant has shown the proposed plans to neighbors as indicated in the attached neighbor notification forms (Attachment #4). Staff also sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. No public comments, either positive or negative, have been received at the time of the writing of this Staff Report. STAFF RECOMMENDATION Staffs recommends the Planning Commission find this Application exempt from CEQA and approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval for Design Review. 2. Project Description Letter (prepared by Applicant) 3. GreenPoint Rated Checklist for Single-family Homes (prepared by Applicant) 4. Neighbor Notification Forms. 5. Arborist Report. 6. Public hearing notice and and copy of mailing labels for project notification. 7. Reduced Plans, Exhibit "A." 79 80 Chris Spaulding, Architect 801 Camelia Street, Suite E Berkeley, CA 94710 510-527-5997 Fax 527-5999 chris@csarchitect.net 7-12-10 City of Saratoga Planning Department 13777 Fruitvale Ave. Saratoga, CA 95070 Re; Jayam Residence, 15395 Pepper Lane Design Review Findings The proposed Jayam Residence is in compliance with the findings required for the Saratoga Planning Commission to approve the project; (a) The Proposed Jayam Residence is sited in the center of a gently sloping lot with mature landscaping. The home will be a single level, and is designed with a hipped roof (which slopes away from all the property lines) to minimize the interference with any neighbor's views. Furthermore, the southern neighbor's privacy is protected by their site being higher than the Jayam's property, the placement of the garage on the southern side of the new residence, and the relatively few windows that look to the south. The rear neighbor's privacy is protected by an existing hedge and mature trees (on their parcel) that will remain, and the privacy of the neighbor to the north will be protected by existing and proposed trees along the common property line. (b) The proposed residence generally preserves the natural landscape. The proposed grading is very minimal (except for the basement excavation within the house) and the finished yard and residence will be in keeping with the general appearance of the neighboring areas. (c) The proposed residence is one-story (with basement) with hipped roofs to minimize the perception of bulk, as are many of the adjacent homes. The house is also sited well back from the street to minimize it's perception of mass and to allow for a large landscaped front yard so as to integrate the structure into the natural environment. (d) The proposed residence is compatible with the mass and bulk of the surrounding houses, The Jayam site is one of two smaller lots surrounded by larger lots which have large homes, some of which are 2 stories. The proposed home will be smaller than many of the surrounding homes, both in height and mass. ( e) The construction plans will incorporate current grading, erosion control, and pollution prevention techniques. 81 (f) The proposed residence has been designed to meet the policies and techniques set forth in the Saratoga Residential Design Handbook. As described above, the J ayam residence is designed to minimize the perception of bulk; it is designed to integrate into the environment, including its materials, colors, setting, and landscaping; it does not unduly interfere with any neighbor's privacy; it does not unduly impair anyone's views; and it is designed to be energy efficient. 82 APPLICATION #: PDR 10-0015 (APN510-02-011) -15395 PEPPER LANE APPLICANT: RAM & MAYURA JAYAM APPELLANT: LAURENCE B. MITCHELL and THURLDEAN K. MITCHELL DATE SUBMITTED: Ap r il 26, 2011 HEARING DATE: MAY 4, 2011 APPELLANTS LAURENCE B. AND THURLDEAN K. MITCHELL'S BRIEF IN SUPPORT OF OUR APPEAL FROM THE PLANNING COMMISS I ON'S APPROVAL OF THE PLANNING DEPARTMENT'S DESIGN REV I EW FOR THE RESIDENCE LOCATED AT 153 95 PEPPER LANE, SARATOGA . 83 TABLE OF CONTENTS I. INTRODUCTION II. PARTIES III. DE NOVO REVIEW IV. DESIGN BASED UPON RELIGIOU S PRINCIPLES OF YASTU, A HINDU PHILOSOPHY OF DESIGN. V. ISSUE: The Planning Department should not a llow the Jayam residence to have a front setback of 51 feet pursuant to Vastu principles as a lleged by Mr. layam. a. Policy 4: Preserve Views and Access to Views 1. Residential Design Handbook 2. Design Review Oversight b. Policy 3: Avoid Interference with Privacy 1. Residential Design Handbook 2. Design Review Oversight c. The setback of the proposed structure is not in tun e with the surrounding neighborhood. VI. CONCLUSION 84 I. INTRODUCTION My name is Laurence 8. Mitchell. My wife and I are the owners oftbe r esi dence at 1 5351 Pepper Lane, Saratoga. My home is ne xt door (on the n orth side) of the )ayam proposed residence. I am filing this Briefin support afmy appea l from the Planning Comm i ssio n's approval oftbe Planning Department's Design Review for the residence locate at 15395 Pepper Lane, Saratoga. At the outset of this Brief I want to emphas ize that I take no issue with the design or the proposed Jayam residence at 15 395 Pepper Lane, Saratoga. However, I s tren uously object to the PLACEMENT of the r eside nc e on subject property because it adve rsely, unreasonably, negatively and a void a bly affects my privacy and my view of the Saratoga hills. II. PART I ES Ram and Mayura Jayam own t he property located at 1 5395 Pepper Lane, Saratoga. They have co ntracted the se rvices of architect Chris Spaulding to design a new residence on subject prop erty. My wife a nd I are the appellants. We purchased the acre lot a t 15351 Pepper Lane about 16 years ago. We built our r esidence o n the lo t th ir teen years ago. Our home was inte ntion ally desig n ed t o capture the panoramic view of the Saratoga hi ll s. Th e la yams presently r eside at 4573 Terra Place San lo se, CA 95121. Th is residence does not appear to conform to the Vastu principles. III. DE NOVO REVIEW Pur s uant to Saratoga Municipal Code § 15 -9 0.070, this appea l to t h e City Council is to be heard de novo. Thi s m eans that [am e nti tled to a complete new hearing that is in no way a review of t he prior Pl anning Commission h earing. Therefore, a ll evidence presented herein is to be h eard as t hough for the first tim e and the Pl anning Commission's decision is not to be considered in the City Council's independent a nalys is. IV. DESIGN BASED UPON RELIGIOUS PRINCIPLES OF YASTU, A HINDU PHILOSOPHY OF DESIGN. The following is a quote from Chris Spaulding, the architect, at the Planning Comm ission h ea rin g: "It's [the Jayam residence] designed to the princ iples of Vastu ... Part of the prin cip les of Va stu is that the bu ildin g sho uld be set back from the property line more than the distance from the back of the property. So t h at's why our front setback is 51 reet and the back is SO." 85 The Jayams ha ve requested a Design Review approva l to cons tru ct a 4,474 sq ua r e foot, approximately 24 feet tall, o ne s tory, s in gle·family dw e lling w ith a 1500 sq uare foot basement on a non con forming lot of 20,954 square feet. The Jay a ms h ave also req uested a setback in the front of the lot from th e customary 30 foot set ba ck on non conformin g lots o f less than V2 acre to a 5 0 foot set back The on ly other non ·conform in g lot (less than one ac re) is nex t door to su bj ect lot on the south side (See Exhibit A, lot 11 (subject lot) and 12); its fron t se tb ac k is a bout 30 fe et. Mr. Jayam addressed the Plannin g Comm iss ion t hat Yastu suggests th a t th e re s idence be pl aced in th e center of the lo t which w ould be a 51 foot front setback and a 50 fo ot back ya rd setback I found noth ing in the Yastu literature on the Intern et that sai d t he fron t ya rd setba ck (51 feet in t hi s case) sho uld be greate r t han th e back se tb ack (which is 50 feet). Neither Mr. Jaya m nor his arc hi tect has presented a ny of the alleged Vas t u Prini ci ple s in a writ ten form at. The Jay a ms have also requested that the s id e yard setb ac k on the north s id e be reduced from the stand ard 20 foot setback t o 13 feet 3 inches and on the sou th s ide from 20 feet to 12 feet 6 in c hes. The plan s ca ll for a 24 foot roof line a t th e home's highest point. Th e customa ry height is 18 feet hi gh for a Sing le story residence. The plan s show a n office a nd three bedro oms on the north s id e of the hou se. On the so uth side of the house there is a long driveway a nd ga rage with a roof h e ig ht of 12 feet to 14 feet. Mr. Jayam stated befo r e the Planning Comm iss ion that purs uan t to Vastu pr in ciples the north s id e of th e interior of the home is whe r e t he bedro o ms s hould be located. The lot wil l require the g rading of t h e northwest corner of th e home to raise that co rner to build t he bedrooms. The documents t hat have been prepared by staff indi cates 667 cub ic yard s of comb ined cut a nd fill will be placed in the area w here the bedrooms are to be built. V. ISSUE: The Planning Department should not allow the Jayam residence to have a front setback of 51 feet pursuant to Vastu principles as allege d by Mr. layam. By having a 5 1 foot front setback, Jaya m hou se ex t e nd s 20 fe et past the rear of my house serio usl y jeopardizing my view of the Sa ratoga hi ll s . My view of th e trees and hillside w ill be rep laced with a s tu cco wall with windows and a s la te hip roof. Furth er, the plac e m en t of the house allows three windows to peer in to my backyard, sw imming pool, gazebo, and fam ily room (des pite a 6 foot divi s ion fe nce). Th e Pl a nnin g De partment did not require Mr. Jaya m, the ap pli ca nt, thro ugh hi s a rc hitect, t o foll ow t h e ci t y of Saratoga d esign r ev iew laws as set out in Municipal code section 1 5-45.080. 86 The City Co un cil of Saratoga should deny the )ayams' request of approva l of h is design plans for the p rop erty located at 15395 Pepper La ne. VI. The City Council shou ld overru l e the Planning Commiss ion's Design Review resol uti on because the Planning Department did not adhere to the guidelines set forth in the City of Saratoga's Residential Design Handbook to protect my privacy and views of the Saratoga hillside. The Saratoga Municipa l Code states that the Planning Commiss io n shall not grant the design review approval un less it is able to find that the height. elevations and place ment on the site of the proposed main structure, when considered w ith refe re n ce to the nature an d location of res id entia l structures o n ad jacent lots a nd within the neighborhoods, will avoid unreasonable interference wit h views of those said residential structures on adjacent lots. (Saratoga Municipa l Code § 15-45.080 (a)) attached as Exh ibit B) The Residential DeSign Handbook, published by the City of Saratoga, provides t he gUidelines by which the Article 15-45.080 is to be implemented. (See Residential Design Handbook p. 11. 15-16.) The proposed main or accessory structure will conForm to each of the applicab le design polici es and techniques set forth in the Residential Desig n Handbook. Saratoga Municipal Code § 1 5-45.080 (g). Th e design review does not conform to any, le t alone each, o f t he policies and techniques set fo r th in t he Residential Design Handbook, and the City Council shou ld overrule the Planning Commission's resolution for the reasons be low. a . Policy 4: Preserve Views and Access to Views 1 . Residential Design Handbook Policy 4 is stated as fo ll ows: The City of Sa ratoga has had a long-standing commitment to the protection ofview$, bot h from the hillsides to the Bay Area and from the Santa Clara Va ll ey to th e hillsides. Structures sho uld be designed to blend in w ith the hill sides, not project above ridgelines and hilltops, and to respect the view from neighboring or higher r esidences. 87 PolicV /I TECHNIQUE #1: Locate structure to minimjze view blockage IJO'S Y ES J)ON'T'S NO , • tp \\0* b{m v\(u.) uriW\ s;YU(..hu'V:,. en" +0» l""d~"f'~. • ~md. "'''''1 <,ik. 0""'" ltW-wit(, c..ut£ VlIul~. , , Th is tec hn iq ue states that the p r oposed structure shou ld protect high quality views a nd avoid site p lans that create view prob lems. The propos ed resid enc e as se t bac k at 50 feet wi lt u nnecessarily. avo ida bly. and unreasonably impact t he view from my family room, my patio, my pool, a nd my gazebo, o f t he pri stin e Sa ratoga hill side. If a ppli cant was a ll owed to build the res id e nce per t he ex isting p la ns t hen not only wo uld I lose my hill si d e view s a nd priva cy , I would be looking a t a stucco wa ll with numerous windows and a s late roof of up to 24 feet in heig ht. It absolutely viola t es Po licy 4. This problem cou ld be a ll eviated entire ly by lo cat in g t he s tru ct ure with a 30 fo ot setbac k fro m Pe pper La ne without a ny c han ge in des ign t o the proposed reside nce. (See Exhibit C.) 88 Policy <1 TECHNIQUE #2: Maximize view but avoid conflict with privacy DO'S An other iss u e th at exace r bates the view p rob lem is t h e fac t tha t t he p ro pose d residence is set only 1 3 .3 feet from th e prope r ty li ne (the co d e calls for a 20 foot setback). Because of the s lope of the street a nd ter ra in , t h e bot t om fl oor of t h e p ro posed h o use is 10 fee t hig her t ha n the bottom floo r of my property, the near pl acemen t of t he p r o posed structure makes the proposed house higher o n the ho ri zon line and creates a further avoi d a ble reaso n t h e ho use b locks my view, The na r rower s id e setback a lso brings the p r ivacy e le me n t into p lay with t h e new residence bedroom windows being substan ti a ll y highe r t ha n my 6 foot fence that is on t he p roperty li ne. Aga in , t his cou ld be avo ided entir ely by placi ng t h e house a t a 30 feet setback rathe r than t he 50 foot se t back. (See Ex hibit C.) 2. Des ig n Revie w Overs ight The Des ig n Review Fi ndings, Sect io n V. (a ), page 2 (attach ed he r eto as Ex hibit D) wit h respect to views ma d e a bso l utely no eV iden t ia ry fin di ngs w it h respect to views whatsoever. It mistakenly states that the d welling is p roposed as a two story, when in fac t it is a one sto ry, and t hat t he maximu m h eig ht w ill be 23.5 feet. It t hen sta t es t hat a ll structures o n the si t e w il l meet and o r excee d mini m um 89 • setbacks and that existing landsca pi ng w ill sc reen views of the home from all adjace n t properties. T h is explanatio n makes no sense and is strictly bo il er plate and conclusory language that lacks evidentiary su p po r t. Simply because t he p r operty meets or exceeds setback lega lities, does not mean that it will not result in an unreasonable interference with views of the hi ll side. In fact, it is precisely because of the setback tha t my views are obstru cted. Further, the stated max im u m he igh t of 23.5 feet does not take in to account the heigh t d ifferent ia l be tween my property and the su bj ect property . T he 23.5 feet is s ub jectively much taller from my pro perty and restricts my view all the more because of this reason. I do not believe t h at the Arch itect or the Planner took my views of the Sara t oga h ill s or my p r ivacy in to consideration. Desig n Review Findings Section V (g), page 3, entitled The projectfolfows appropriate desigll policies Qnd techn iques, a t tac hed as Ex hibit D) states: "The proposed Pr oject has bee n reviewed by staff and determined to confo r m to all of the applicable design polic ies a nd techniques in the Reside n tial Design Ha ndbook, including for example, minimizing the perception of b ul k, integrating the residential b uil d in gs wit h t he environment, and designing for energy efficiency." It is absolutely telling that of t he 5 po licies p ro moted, t he t wo that we re not hig hl ighted and were omitted are the very two at iss ue here: Avoid Interference w it h Pr ivacy a nd Preserve Views a nd Access to Views. b . Pol icy 3 : Avo id In terfe r e n ce with Privacy 1 . Res identi a l Des ign Ha n d b o ok Sa ratoga's po li cy on privacy is as fo ll ows: Residential privacy is a key ingred ient in the q uality of life in Sa ratoga. Privacy p r oblems and impacts should be resolved and addressed in the initial des ign s t age, not with m itigat ion measures proposed as an afterthought. Partic ula r atte ntion shou ld be g iven to privacy co ncerns on s u bstandard . small a nd innll lots. (Em phasis Added) 90 Policy J TECHNIQUE #1: Control view to adjacent properties DO'S VES T he se t back o f the pr o pose d res idence fr om t he street a nd from our shared p ro pe r ty line p ut s t he proposed structure's mos t rear wa ll approx im ate ly 20 fee t past my mos t rear wa ll. Ad d itio na ll y, as stated above, t he s lope of t he terrai n actua ll y puts his bottom floor 10 feet ab o ve my bottom floo r. Th us, a lt h oug h th e maximu m height of t h e house wi ll be a lmos t 24 fee t, from t he view of my fa mil y room, t he house w ill be at a heig ht of 34 feet. Even w it h a divis io n fence t hat is 6 feet tall, the proposed structu re w ill be able to view in to my fa mil y roo m and my e n tire backyard w h ic h inclu des my sw im min g poo l area, patio an d gazebo. The d iagram above illust rates exact ly t he typ e of s it uation at issue here. The gUidelines d irect the designs t o avoid reducing required setback distances (from d ivision lines) and w indow locations that impact priva cy. Contrary to w hat the guide lines d irect, the proposed structu re is be in g bu il t r ight near the pro pe rty li ne on lots that have a substa nt ia l elevation different ial. T h is, coupled with the setback from t he st reet of SO feet ca uses a n in trus ive view from anyone of 3 windows from t he new r esidence, into my backyard, swimming pool, gazebo, and fam il y roo m. 91 PoliCy 3 TECHNIQUE #2: Locate buildings to minimize privacy impact DO'S • i.oW:<. <>h-u """'" 10 v,...cv lit ':>t... W"Mttt. d\~(L bUwull\. t>t.u \d"""(>, • 1"w.ttue.... "?t,~6d~ for t.;.vi"'l "'",>. Hl,~t r'4i"'''-<' ,... ... pn""'f • SeA-"",.""J -~ ptvl-i01"c? ~ .-:.tlttct \l.n-s 0.0"-fn "" fr">'t />~ YES NO Furth er, Technique #2: Locate buildings to minimize privacy impact, s hould be followed and enforced here to set the s tru cture at a reasonable setback that w ill not impact my privacy. Again, a 30 foot setb ack from th e street will allow the design to co nform to the gui d e li nes and the municipal co de, will a ll ow th e a pp li cant to keep the design of his home, an d will comp le tely a lleviate any privacy co ncerns I have. 2. Des ign Rev iew Oversight Lik e the Design Review Findings with respect to views, the Planning Department Approval makes absolutely no evidentiary finding w ith r espect to its co nclusion that there is no in te rference with my privacy. De sign Review Findings, Sec tio n V. (a), page 2 (attached hereto as Exhibit D). It merely states that existing trees will screen views of the home from all adjace nt properties. It does /l ot sta te that t he trees will obscure views from t h e home into my prope r ty, which, in fact, they will not do. I further deny that th e design meets any of the design review policies and t ec hn iques laid out in Design Review Find ings, Section V. a·g. (See Exhibit D.) c. The setback of the proposed s tructure is not in tune with the su rrounding n e ighborhood. 92 Th e 15395 Pepper Lan e lot is not a confo rmin g lot to the neighborhood. It is one of two lots that are almost Yz acre w hereas the restof t he sur round ing lots are 1 + acres. The two p roperties in seque nce after th e subject p rop erty bot h have a setback of about 30 feet. Further, an overhead of t he ne ighbo rin g prope rt ies both before and a ft er th e subseque nt property shows co nformi ty of the space in th e back yards. (See Atta chm e nt). All owing a fron t setba ck of 5 0 feet will a ll ow t he reside nce to be t h e only lot o n w hi c h the house is in t he midd le of t he property rather t h an in the front half with an open backyard. All ow in g a setback of 50 feet simply does not keep in line with the ne ighbo r hood context. VII. CONCLUS ION The Plann ing Depa r tment's r eso lu t ion shou ld be overruled because t he design of the r es ide nce a t 15395 Pe pp er Lane does not con form to t he policies and tec hn iques as outlined in t h e Reside nt ia l Design Ha ndbook. The Plan n ing Department is the in terp r ete r of the Reside ntial Des ign Hand boo k t oge th e r with its g Uid elines a nd exa mp les and the Saratoga b ui ldin g Codes (1 5.45.08 0). The City Co u nci l must make an independe n t analys is of the ev ide nce wit h out refe rence to the prior decisions and w it hout taking into consi deration t he r e li gious basis for the design o f the residence. The evidence here overwhelmingly shows th at the house can be setback at 30 feet from Pepper Lane w hil e keeping Mr. Jayam's design of hi s hom e an d still con form to t he po li cie s a nd techn ique s of the Re s id ential Des i gn Hand b ook. The Planning Department's failure to correctly interpre t and apply the afore men t ioned Handbook an d design review codes is to the detriment of the Appellants. I r espectfull y request t hat th e City Co un c il overr u le t h e Planning Commission's resolution and deny the Design Review. Respectfully submitted , 93EXHIBIT A 94 I I ~ P EP P E R 0 JL f . . L 1 . . c ~ .E ~ 0 ur; = _ A. . . . . S . . . S . . L - S 0 R S A N T A C l A ~~ N E C 0 u N T Y • ~----- - - - ~~---- ~ 3~---- - - - - ~ "~JO~5 ~--- - - - _, ___ _ _ _ ~~----- - - - ~~4 ~--- - '~5 5~.~5 ----_r --~~15~'~'S ~--_,- - - - - - 2'5~~~----- - r_ __ _ _ _ _ ____ ~~,_--------_, , , ' 5 2 8 1 20 0 1 1 C A L I F O R N I A " o _ _ _ _ _ _ _ _ _ 2£ < , _ _ _ _ _ _ _ _ _ ~ TR A C T NO . 12 8 GL E N UN A PA R K UN IT 2 " 0 ~ r « ~ 3: ~ ~ !? 2 ~ 6 O WN E R S RE O . 2 6 19 9 $ - 9 6 . 0. 7 7 AC . 6 O WN E N ' s R E O , 19 9 5 - 9~ .? ? :l 0. 5 9 AC _ 21 2 . 9 6 ~ N ~ \E J 11 72 74 ~ 73 '' 2 . 1 . 9 4 :i il :i. 1 5 ! c p e l . I z W -1 <-' ~~ c;; W > N :::E I '" (J) N i'i Cl :::1-~~ I ·0 l+\ 0 ~~/ I ~ @ z => Vl L 1 8 7 AC NE T ""OCT."""" 1 OQ 5 AC AWRENCE E. STONE _ ASSESSOR { , astral map for assessment purp oses only . - - - - - ~':O __ _ _ - - - - - - -- - - - - - - - - 4 - I - O - - - · - ___ t~:;.: ~.~~ ---...... tt.:lITI1rt ted under R. &: T. Cod e, Sec . 327 . E ffective Roll Year 201~2011 - - - - - 95 • • EXHIBIT B 96 Municodc 1 c http://t jbrary.m uni codc .com /pri nl.aspx ?cl ien II D= 16616& HT M ... 15-4 5.080 -Design rev iew findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and pri vacy. The height , elevations and placement on the site o f the proposed main or accessory structure, when considered with reference to : (1) The nature and location of residential structures on adjacenllots and within the neighborhoods : and (2) Community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural l andscape. The natural landscape will be preserved i nsofar as practicable by designing structures to follow the natural contours o f the si te and minimizing tree and soil removal ; grade c hanges will be minimized and will be in keeping with th e general appearance of neighboring developed areas and undeveloped areas. (c) Preserve native and heritage trees. All heritage trees (as defined in Secti on t5-50 .020(1» will be preserved . All native trees designated for protection pursuant to Section 15 -5 0 .050 will be preserved , or, given the constraints of the property, th e number approved for remova l will be reduced to an absolute minimum . Removal of any sma lle r oak trees deemed to be in good heal th by the City Arborist will be minimized usi ng Ihe criteria set forth in Section 15-50 .080 (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on ad jacenl lots, and to the surroundi ng region , will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Co m patibl e bul k a n d hei g h t. The proposed main or accessory structure will be compatible in terms of bulk and height wi th (1) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zonin g district ; and (2) the natural environment : and shall not (1) unreasonably impair the light and air of adjacent properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control m ethods. The proposed sile devolopment or grading plan incorporates current grading and erosion control standards used by th e City. (g) Des i g n policies and techniques. The proposed main or accessOfY structure will conform to each of the applicable design po l icies and techn iq ues sel fo rth in the Residential Design Handbook and a s re q ui red by Section 15-45 .055 (Amel/ded by Oro . 71 .99 § 27, 1991 ; Ord. 221 § 2 (pari), 2003; Ord. 226 § 2 (pan), 2003; Oro. 245 § 2 (A ft. A) (palf), 2006) 4/25/11 7 :50 PM 97 r . EXHIBIT C 98 99 EXHIBIT 0 100 V. De s ign Review Findings llle !l ndin gs reqllired fo r issuance o f a Design Review Approval pu rsuan t to Ci ty Code Sect ion Article 15·45 .080 arc set forth below and the Applicant has met the burden of p roof to su ppm t mnki ng all of those requi re d I1ndin gs: (8) rit e project avoids ttllreasofl(tble interference with llje ws aud priva cy. For the following reasons , the height, e leva tions and placement on the sit e of the proposed main s tnlcture, when cons idered with refere nce to: (I) the n ature and location of residential s tru c tu res on adjacent loI s and within Ih e neighborh oods; a nd (2) cOlll llluni ty view sheds, w ill avoid unreasonable in terference with views and privacy. The maximum height of the proposed two story dwe ll ing is approx im a te ly 2).5 fee t. All structures o n the site will meet and o r exceed minimum set back s. Exist in g landscaping will screen v iews of the home from a ll adjacent propert ies. (b) Tile pruject preserves th e natural Illm/scape . This finding ca n be made in the affi rmative in that the project is not proposing to rem ove any nati ve trees.' Th ree trees wi thin the proposed footp lint would bc removed. Th e trees would be replaced with new trees that equal or exceed th e $9,680 appraise d value of the tree s to be re moved. (e) Tlte projec t preserves "ative (lm/lteritage tr ees. Thi s finding can be madc in the afl1mlative in that the project wou ld no t remove any Native and/or He rit age trees. (d ) Th e pl'ojec t minimizes tlte p erceptioll of excessive bulk. This I1nding can be mad e in the affilma tive in tha t the d esign of the main stmcture in relation to st ructures on adjacent lots, and to the surround ing region. will minimize th e perception of excessive b ul k and will be integrated in to tbe natural e nv ir onment in that th e 2 Application Nllmbt!l's: f'DR 10-00151 /5395 f'cPfJ/!1' Lalle 101 building has bccn designed to conloll11 10 the naturA! contours of t he site. T he perception of excessive bu lk is minimized by the use of varying arc hitectural t'o n ns, the use of na t ura! exterior materia ls, roo nines tha t b reak up the massing and reduce the pe rception of heig h t and mass, and entrance feature in sca le with the des ign of the home, and a horizontal orientation of the build ing footprint . (e ) rh e p r oject ;s 0/ co mp atibl e blilk ali(I It eig flt. This finding can be made in the affimlat ive in that tbe proposed main structure will be compatible in terms of bulk and he ighl with (1) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment; and sha ll nO I (I) unreasonably impair the li ght and air of adjacent propert ies nor (2) unreasonably impair the ability of adj acent propel1ics to utilize solar en ergy in that the proposed se tbacks for the one story st r ucture will meet or exceed the minimum for the R-I-40,OOO zoning distr ict. Res idences in the area are spread out g iven the minimum lot size requirements; the proposed stl1lcture is compatible in bulk and heigh t w ith other homes located in the area and differe nces in heig ht is m itigated by their physical d istance that separates them from the proposed project and by the fac t that ex isting landscapi ng scree ns the si te from adjace n t properties; a nd additionally, the bulk will be minimized through the LIse of varying roo n ines through changes in he igh! and fo r m and a combination of vertical and h orizontal a rchitectural articulation and projcctions. The residences on adjacent lOIS are all one story. Th e proposal is compatible with the natural e n vironment as to bu lk an d height and does not unreasonably impa ir access to l ig ht a n d air or the solar potential of adjacent properties. , (f) Th e proj ect us es current gmdillg (/1/(1 er os ion co lttr ol m ethofb;. T hi s finding can be made in the affinnative in that the proposed grading plan incorporates CU 1Tent g rading and erosion control standards use d by the City. T he proposed location of the proposed residence is approximately in the same location as the ex isting residence to red uce grading. In add ition. the Project is cond itioned to conloml to the City 's current grad ing and erosion control standards and compl y with app licablc NPDES Standards . TI le Project is also conditioned to require de tention of storm water on site whe re feasi ble. As designed, drainage from downspouts and impervious areas is being directed toward landscaped aren a tt empt to maintain storm water on site. If n ot all stonn water is to be retained on sitc, the grading plan is required to provide an exp lanatio n of the reason and how t hc stonnwater w h ich wi ll flow offsite will be in compliance with City and NPDES Stand ard s. The offsi te storm water flow shown on the g radi ng plan sha ll be subject to plior review and approval by the Community Development Director to assttre compliance. (g) Til e project /ollo lYs approp riat e desig ll polici es (lml tec hlliqu es. This findi ng can be made in the affimlative in that the proposed residence will conform to eac h of the applicable design po licies and techniques set f0l1h in the Residential Design Handbook as required by Section 15-45.055. The proposed Project bas been reviewed by staff and detellllined to confonn to all of the applicable design po licies ) Applicalion NUII/bers: PDR/o·OOf5I f 5395 Pepper Lane 102 a nd techniques in the Rc:;idcnlial Design Hand book , including for example minimizing the perception of bulk, integrating the residential bu ildi ngs wi t h t he enviro lm lcnt , and designing for energy etTiciency, 10 3 • • 1 5 3 9 5 Pe p pe r Ln Se t ba c k s co m p l i a n t to th e ci t y co d e f o r su b - s t a n d a r d 44 fe e t be l o w th e al l o w a b l e sq u a r e fo o t a g e 15 - 4 5 . 0 8 0 Ci t y Co d e • Pr e s e r v e s na t i v e an d he r i t a g e tr e e s Re f : Ar b o r i s t re p o r t • Pr o p o s e d he i g h t , el e v a t i o n an d pl a c e m e n t on si t e av o i d s un r e a s o n a b l e in t e r f e r e n c e wi t h vi e w s an d pr i v a c y Re f : Pl a n n i n g co m m i s s i o n fi n d i n g s • Co m p a t i b l e bu l k an d he i g h t t o ne i g h b o r s Re f : Pl a n n i n g co m m i s s i o n fi n d i n g s • Si n g l e fl o o r dw e l l i n g M ag n o li a Tr ee ( ] ) J ~~ c co - - l ' - (] ) 0 a . 0 a . 0 ( ] ) a. . 0 1 N or th 10 4 OJ C co .. . . . J " -OJ c. . c. . OJ c. . Re a r Se t b a c k Ma g n o l i a Tr e e No r t h E Tr e e #6 : Ar b o r i s t Report By Ci t y Ar b o r i s t : Ka t e Bear Da t e : Fe b 7 th , 20 1 1 Re v # 3 Ex t r a c t : Tr e e #6 is a so u t h e r n ma g n o l i a in good co n d i t i o n an d is an as s e t to th e pr o p e r t y . Removal of th e ex i s t i n g sh e d ri g h t ne x t to th e tr e e will improve the en v i r o n m e n t ar o u n d th e tr e e si g n i f i c a n t l y . The project ha s be e n re d e s i g n e d to be t t e r pr o t e c t this tree by mo v i n g th e ga r a g e an d dr i v e w a y fa r t h e r from it. Cu r r e n t de s i g n an d se t b a c k accommodates Ar b o r i s t ' s re q u i r e m e n t Th e re a r se t b a c k of the house me e t s th e mi n i m u m set back as re q u i r e d by city code 10 5 Fr o n t Se t b a c k on Pe p p e r La n e Co u r t e s y: Go o g l e Mo p s & Go o g l e fo r t h 14 0 ~ - - - - - - - - - - - 13 0 1 20 I • 11 0 + - ! - - - - ~ 10 0 - 1 - 1 _ _ _ _ _ _ _ -" ' -> -- - ' S... , I I D O L J L I F .. . . I" - - . 1 1 t f a 90 1 - - - - - -- - - - - < • . - - - - - - . a . . 80 -l - 3: 7 0 l - _ _ _ - - - - - . < ; ; . . 60 E)-fe e t ~ 5 0 • • • • ) ~ :~ c + - - - - - - - - - - - - 20 - j - - 10 - l - - - o " , I i o 1 2 3 4 5 6 7 8 9 10 11 12 Ho u s e s on Pe p p e r La n e Mo s t o f th e ho u s e s on Pe p p e r la n e ha v e mo r e th a n 50 Fe e t Fr o n t se t ba c k , So m e o f th e m ha v e mo r e th a n 10 0 fe e t . Pr o p o s a l st a y s co m p l i a n t w i t h ne i g h b o r h o o d . OJ C co .. . . J ' -OJ a. . a. . OJ c. . Ma g n o l i a Tree ! North 10 6 OJ C co - ' ~ OJ 0 . 0 . OJ c. . ! No r t h Ne i g h b o r ' s tr e e is ta l l e r th a n th e st o r y P o l e - As po i n t e d ou t by Pl a n n i n g co m m i s s i o n e r Re f : Ci t y Re c o r d i n g o f th e pr o c e e d i n g s 10 7 OJ c '" -- ' ~ OJ 0 . 0 . OJ " - ! No r t h Ma g n o l i a T r ee * / 85 fe e t 10 0 • Vi s t a Po i n t s fr o m ne i g h b o r s ho u s e ar e 85 fe e t to 10 0 fe e t aw a y fr o m St o r y Po l e • Ne i g h b o r ho u s e 6 fe e t be l o w fe n c e Co u r t e s y : Go o g l e Ma p s & Go o g l e Ea r t h 10 8 I I I I I I I I I - - - - - j - - I I I I I ~ 1. 1 23 Ac . : 1. 5 9 7 Ac . I~ I ~ I - t - 1. . - ; L O T : - 88 I I 1+ I N I 16 0 . 4 3 I 13 6 . 5 7 L _ _ - - - - - - - 1 " 5 0 - - - - - - - - - - - - - - , 12 6 .5 8 8 I 15 0 15 3 4 - 0 LO T - 8 '1 \ , ~ l , l r 12 6 . 5 8 8 15 3 7 0 PE P P E R I ( I I I I I I I I I I 01 1 -- : 1 ~I I~ I" , l: ? j IN I I I I I I I I 1 , - - - - - - + - , .. >-~ o . 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The City of Saratoga asks that this form be signed by each neighbor to indicate that they have had an opportunity to review the proposal. Please familiarize yourself with the proposed plans. NOTE: These plans are PREUMINARY ONLY and may change as the project moves forward, You may contact the City of Saratoga's Planning Division at any time to review any dlanges that may occur. Please contact the City of Saratoga at 408-868-1222 to speak with the assigned project planner. My signature below certifies that 18m aWBre of the proposal and have reviewed the plsns. Neighbor Name: __ -_:\:-Ltvn...L=:::::.~:_=:.._(_'H._:.....D_'I_dL __ , _______ ~ Date: '?:Jr,pJ Je) Neighbor Address: _" _I-=C;:.-.L~f.:..' 'S~....!v....:e,",'l-=r+rL'-w-,,-!-....:l::.:.." a.-t.=..::...:\...<L..o-:..:' =--_St:-""i&(\...!(....!. 6L.:.~!....!c$J:::"_~l:>.. ==--" Neighbor Phone 'II: Ifuf ·3S<.., -/0&05 Email: go\d h ri .!5 e QOl. (oil'\. Please address any initial concerns with the project below (attach additional sheets if necessary): SIGNAlURE: -.~f-F-=--=--==-" ~=" ~~-::::::...-.-=-------------- Revised September 2008 6 111 CIty of Saratoga Neighbor Notification Form Applicant Name: MH~MA+-! NktUaA JA-vA-M Date: 7 ('2A II 0 Project Address: {'»'PS-f'~p~~ Application Number: ____ _ Dear Neighbor, I am proposing a project at the above address and would like to provide you with an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street from the property are being provided this notice as a courtesy in advance of the standard City NotIce which will be sent out prior to a decision being made on the project. The City of Saratoga asks that this form be Signed by each neighbor to indicate that they have had an opportunIty to review the proposal. Please familiarize yourself with the proposed plans • . NOTE: These plans are PREUMINARY ONLY and may change as the project moves farwand. You may contact the City of Saratoga's Planning Division at any time to review any changes that may occur. Please contact the City of Saratoga at 408-868-1222 to speak with the assigned project planner. My s!gmlture below certifies that I am aware of the proposal and have reviewed the p!IJns. MvR£,!c:e {j. IYJ, "'-~/leLL NelghborName: ~/ tj ~ . Date: 7/:z.,LJO ~ I Neighbor Address: Iff 3.51 r?,e PPt:tR LAN.£. , .5d/2An>GI1, CA ,95070 Neighbor Phone #: Please address any initial concerns with the project below (attach additional sheets jf necessary); SIGNATURE: ~ ~ lJ1d;d!. t2 - Revised september 2008 6 112 CIty of Saratoga Neighbor Notification Fonn Applicant Name: /?tUh fo~A'4 Date: Application Number: ____ _ Dear Neighbor, I am proposing a project at the above address and would like to provide you with an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street from the property are being provided thIs notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. " The City of Saratoga asks that this fonn be signed by each neighbor to indicate that they have had an opportunity to review the proposal. Please familiarize yourself with the proposed plans. NOTE: These plans are PREUMINARY ONLY and may change as the project moves forward. You may contact the City of Saratoga's Planning Division at any time to review any changes that may occur, Please contact the City of Saratoga at 408-868-1222 to speak with the assIgned project planner. My signature below certlfies that 1 am aware of the proposal and have reviewed the plans. Neighbor Name: __ ..:J=~=~-"·~e..:L=---",c;.",,-,v,,,-:,-,\-,-..... --,-,-,IL=nc::..::./_· ____ Date: ) {L.L (~ t t Neighbor Address: _" _ ... /.;!,,;r:LllW;~,,--./-~"3~~~~:.o;=,-£~,_~C;:;> f~ (;A Neighbor Phone #: ¥e.-.,.-'}"l> -5"ScS Email: -::r--c;uihK.o/@.·ht/. C~ Please address any initial concerns with the project below (attach additional sheets If necessary): SIGNATURf: __ ~~~'-~~~S~~~~ __________ ~' __________________________ _ Revised September 2008 6 113 '. Dear Neighbor, City of Saratoga Neighbor Notification Form ApplicatIon Number: ____ _ I am proposing a project at the above address and would like to provide you with an opportunIty to review the proposal and provlde comments. All of the adjacent neighbors and the neighbors across the street from the property are being provided this notice as a courtesy In advance of the standard City Notice which will be sent out prior to a decisIon being made on the project. The City of Saratoga asks that this form be signed by each neighbor to indicate that they have had an opportunity to review the proposal. Please familiarize yourself with the proposed plans. NOTE: These plans are PREUMINARY ONLY and may change as tha project moves forward. You may contact the City of Saratoga's Planning Division at any time to review any changes that may occur. Please contact the City of Saratoga at 408·868·1222 to speak with the assigned project planner. My signamre below c:ertmes that I am aware of the proposal and haWil reviewed the pmns. Neighbor Name: M Y:4;t~C ;:/<e~5~rt Y% ~ Q Date: ~6 Neighbor Address: 1S-t;:{J(J d U)r;g.· ~.,....-;- Neighbor Phone #: 3SLf 70fi: IOmail: $Q. fef.' -@ /:erlev/kd-!5 , Co YV\ Please address any initial concerns with the project below (attach additional sheets If necessary): ( , SIGNATURE: Revised September 2008 6 114 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Prepared by Kate Bear, City Arborist Phone: (408) 868-1276 Email: kbear@saratoga.ca.us Report History: # I' replaced #2 replaced #3 Replaces reports # 1 and 2 INTRODUCTION Application #:ARB10-0035 15395 Pepper Lane Owner: Ram and Mayura Jayarn APN 510-02-011 Date: September 14, 2010 December 3,2010 February 7,2011 This arborist report replaces reports dated September 14 and December 3, 2010. This report is to be included in the final set of plans for the project, and the earlier reports do not require inclusion in the final plans. The applicant has submitted plans to remove the existing house and build a new single story house with a basement. Three trees protected by City Code (#3, 7 and 8) are requested for removal to construct the project: Six additional trees and shrubs, which are not protected by City Code, are also requested for removal and may be removed without a permit. Trees #3, 7 and 8 meet the criteria for removal and may be removed to construct the project once all applicable permits have been obtained (see Findings below). This project has clearance from the arborist to proceed, with the conditions noted at the end of the report. SITE VISIT, PLAN REVIEW AND TECHNICAL DISCUSSION Plans submitted for this project were prepared by Chris Spaulding, Architect, and dated July 6, 2010. Plan sheets reviewed for this report include Sheet I, Site Plan; Sheet 2, Basement Plan; Sheet 3, Main Floor Plan; Sheets 4 and 5, Elevations, and Sheet 7, Landscape Plan. Twelve trees protected by City Code, and potentially impacted by construction, were inventoried for this report. Data for each tree is included in a Tree Inventory Table at the end of this report. Locations of trees are marked on the attached copy of the Site Plan. Inventoried trees include three American sweetgums (#1, 3 and 4), one Colorado blue spruce (#2), one Califomia pepper (#5), one southern magnolia (#6), one avocado (#7), one almond (#8), one coast live oak (#9), one English walnut (#10), one saucer magnolia (#11), and one English holly (#12). Page 1 of6 115 15395 Pepper Lane The plans show 6 trees and shrubs that are not protected by City Code to be removed to construct the new house. These may be removed at any time without permits. The plans show three trees protected by City Code to be removed (#3, 7 and 8) in order to construct the new house. They inclnde a Liquidambar in the front yard, an ahnond on one side yard, and an avocado on the other side yard. Tree #3 is a Liquidambar (American sweetgum) in conflict with the proposed driveway. This species is known for its invasive root system that causes damage to walkways and driveways, brittle branches that tend to break in winter storms despite regular maintenance, and hard, "spiky", round seed pods that create trip and fall problems for homeowners. If left in place, it might survive construction of the new driveway. However, its stability would be compromised from cutting the roots right next to the trunk, leaving it vulnerable in a wind storm. Relocating the driveway to retain the tree is not advised given that the tree's root system is known for causing damage to improvements. This tree meets the criteria for removal in the City Code Section 15-50.080 (see Findings below). Tree #4 is a Liquidambar tree in good condition in the front yard. It is far enough from the proposed driveway that it will be able to withstand construction. This tree can be adequately protected with tree protective fencing during construction. Tree #5 is a California pepper tree in good condition. The plans show existing electrical utilities right next to the trnnk of this tree and a sewer line next to it on the other side, but do not indicate that the tree will be removed. No trenching for utilities is permitted under the canopy ofthis tree without prior approval from the City Arborist. If approved, all trenching must be done with an air spade or by hand, and no roots measuring 2 inches or greater may be cut in the process. Tree #6 is a southern magnolia in good condition and is an asset to the property. Removal of the existing shed right next to the tree will improve the environment around the tree significantly. The project has been redesigned to better protect this tree by moving the garage and driveway farther from it. The driveway should be constructed entirely on top of grade where it is underneath the canopy of the tree. This tree will require regular watering during construction of the proj ect to best maintain its health. Tree #7 is an avocado in fair condition but has very poor structure. It is located within the footprint of the proposed house. It appears that the tree sprouted from the stump after it was cut down in the past. The main portion ofthe stump has rotted away. This tree meets the criteria for removal in the City Code Section 15-50.080 (see Findings below). It is therefore acceptable to remove and replace this tree as part of the project. Tree #8 is an ahnond tree in fair condition in the later part of its life. It is in conflict with the light well for the proposed basement. This tree meets the criteria for removal as set forth in the City Code Section 15-50.080 (see Findings below). Tree #9 is a coast live oak on the neighbor's property with a canopy that grows over the back fence. It can be adequately protected with tree protection fencing during construction. Page 2 of6 116 15395 Pepper Lane Tree # lOis a walnut tree in the back yard that is far enough from the proposed construction that it can be adequately protected with tree protection fencing. A concrete curb is shown on the plans about 5 feet from tree #11. If it is constructed on top of grade and no excavation is required for installation of forms or curb, it is acceptable. If excavation to construct the curb is expected, it should be relocated so that it is at least 7 feet from the tree. Tree #12 is a holly tree in good condition. Although it is fairly close to the proposed driveway, and perhaps the garage, it can be adequately protected with tree protection fencing. No excavation for drainage or utility installation is permitted under its canopy for this project. It is acceptable to remove trees #3,7 and 8, and replace them with new trees equal to their total appraised value of $9,680. Replacement values for new trees can be found at the bottom of the Tree Inventory Table attached to the end of this report. New trees or shrubs should be planted to provide screening along the sides of the house. Per City Ordinance 15-50.080, a Tree Protection security deposit in the amount of $38,310, which is equal to 100% of the appraised value of trees #1, 2,4 -6, and II, is required. Owner shall obtain, and file with the Community Development Director, the required security deposit prior to the receipt of building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. Appraisal values are calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9'" Edition, published by the International Society of Arboriculture (ISA), 2000, in conjunction with the Species Classification and Group Assigmnent published by the Western Chapter ofthe ISA, 2004. FINDINGS Per Article 15-50.080, the project was reviewed on the basis of the criteria listed below for the removal of trees and trees #3, 7 and 8 meet the criteria for removal overall:: (I) The condition of the tree with respect to disease, irmninent danger of falling, proximity to existing or proposed structures and interference with utility services; (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property; (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes; (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area; (5) The age and number of healthy trees the property is able to support according to good forestry practices; (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree; (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article; (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010; and (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. Liquidambar #3 meets criteria #1,4,6,7,8 .and 9. It is directly in front of the front door and right next to the proposed driveway. Relocating the driveway and/or front entrance to the house impacts other, preferred trees (criteria #1). Removal of this tree will not significantly impact the scenic beauty, shade, privacy of the property, in that there are other, preferred trees in the area that will be Page 3 of6 117 15395 Pepper Lane retained (#4). Alternatives that allow the retention of this tree, such as relocating the front entrance and driveway have a greater impact on other trees, which are to be retained (#6). Removal of this tree and replacement with new trees following constrnction is consistent with the intent of this code section (#7). The "spiky" fruits of the trees are a common complaint among residents of the City in that they often cause people to stumble and fall. Having this type of tree right in front of the entrance to the house could create an unsafe situation (#8). Removal and replacement with new trees would allow enjoyment of the property for the owners (#9). Tree #7, an avocado that has grown from the stump, meets critera # I, 7 and 9. It is located within the footprint of the proposed house, and the center of the old stump is rotten. Redesigning the house to preserve this tree, which has very poor strncture and a low suitability for preservation, is not recommended (#1). Removal and replacement of this tree with new trees equal to its appraised value is consistent with the intent of this code, in that this tree has a low suitability for preservation and can be replaced with new trees that have the ability to replenish the urban forest (#7). Removal and replacement of this tree with new trees will allow the owner 0 enjoy the property and, if planted along the side yard, can screen the new house from the neighbors (#9). Tree #8 is an almond tree in fair health, which meets criteria #1,4,7,8 and 9. It is in conflict with the light well for the basement and the proposed garage (#1). It is a relatively short-lived tree, and removal and replacement of it would have a low impact on shade, privacy and aesthetic beauty for the property (#4). Removal and replacement of this tree would be consistent with the intent of this code section in that new trees can be planted that have the opportunity to provide many years of beauty to the property (#7). A light well is required for safe exiting of basements and cannot be deleted from the project (#8). Removal of the tree and replacement with new trees would allow the enjoyment of the property by the owners (#9). Based on a review of information provided, and as conditioned, the project complies with the requirements for the setback of new constrnction from existing trees under Section 15-50.120. REQUIREMENTS 1. This entire report, including the Tree Inventory Table and map showing locations of trees and protective fencing, shall be incorporated into the fmal set of plans and titled "Tree Preservation". This report revises and replaces reports #1 and 2. The map attached to this report should be used in the fmal plan set. 2. No protected tree authorized for removal, pruning or encroachment pursuant to this project may be removed, pruned or encroached upon, until the issuance of the applicable permit from the building division for the approved project. If no building permit is required for this project, applicant shall obtain a no-fee tree removal/pruning/encroachment for the project. 3. Applicant is responsible for protecting trees per City Code Article 15-50 on all construction work. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities under this Code. 4. Tree protective fencing shall be installed as shown on the attached map and established prior tothe arrival of constrnction equipment or materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 1 7/8-inch diameter galvanized posts, Page 4 of6 118 15395 Pepper Lane driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained thronghout the construction process nntil final inspection. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection after the fence has been installed. This is required prior to obtaining building division permits. 5. Signs shall be posted on tree protection fencing. Signs shall say "TREE PROTECTION FENCE -DO NOT REMOVE WITHOUT PRIOR APPROVAL FROM CITY ARBORlST". 6. Owner shall obtain, and file with the Community Development Director, a Tree Protection ____ sec!JriJ:Y deI)Qsit in the amount of$38,310 _(fQr trees #1,2,4 -6, and 11), prior to o1:JtaininlL building division permits. The security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. Once the project has been completed, inspected and approved by the City Arborist, the bond will be released. 7. Trees #3, 7 and 8 are approved for removal as part of this project. They shall not be removed until all planning and building permits have beeu obtained. 8. New trees equal to $9,680 shall be plauted following construction to replace trees #3, 7 aud 8. Replacemeut values of trees can be found at the bottom of the Tree Inventory Table that is attached to the end of this report. Locations of replacement trees shall be shown on the plans. If there is insufficieut room ou the property to plant the required number of new trees, some or all of the appraised value of the tree may be paid into the City's Tree Fund. 9. Trees or shrubs shall be planted along the sides of the house to provide screening for the neighboring houses. 10. Excavation is not permitted within the following distances for any aspect of the project: a. 5 feet from trees #2 and 12 b. 7 feet from trees #4, 5 and #11 c. 6 feet from tree #6 d. 20 feet of tree #9 II. The new driveway shall be constructed entirely on top of grade where it is under the canopy of tree #6. 12. Trees shall be watered as necessary to ensure good health through the warm dry months. Watering may be done with a hose or soaker hose and should occur for a long enough period of time that the soil is moistened to a depth of at least 8 inches. Intervals of watering should be at least monthly and as often as weekly, as detenuined by the species and maturity of tree. Magnolia #6 requires water at least weekly. 13. Excavatiou for new utilities, if they are intended as part of the project, is not permitted under tree canopies. Utilities include, but are not limited to, electrical, drainage, water, sewer, gas and irrigatiou for landscaping. 14. Any grading, trenching or excavation under a tree's cauopy is subject to approval by the City Arborist before performing work. If approved, it shall be done manually using shovels or Page50f6 119 15395 Pepper Lane an air spade for the first 18 inches. No roots measuring 2 inches or greater may be cut, but instead shall be worked around and left in place. 15. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 16. Any permitted pruning or root pruning of trees on site must be performed by a state licensed tree contractor under the supervision of an ISA Certified Arborist and according to ISA standards. 17. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. Herbicides shall not be applied under tree canopies. 18. Irrigation for new landscape shall be designed as follows: a. Design irrigation so that it does not spray trunks of trees. b. Locate valve boxes and controllers outside of tree canopies. c. Locate lateral lines outside of tree canopies. d. Irrigation heads shall not spray the trunk of any tree. e. Any irrigation line that must extend under a tree canopy shall be radial to the trunk of the tree and receive prior approval from the City Arboris!. f. Only drip irrigation is permitted under oak trees. It shall be placed on top of grade under mulch and only in the outer have under the canopy of the tree. 19. Select plants with similar water requirements to the trees under which they will be placed. 20. Design lawns so that there is room between them and the trunk of any tree; confine lawn areas to the outside 20% of the area under the canopy. 21. Landscaping under oak trees: a. Shall not be planted within the inner half of the area under the canopy. b. Shall only be mulch under area within the inner half under the canopy. c. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy. d. Water loving plants are not permitted under oaks. e. Lawns are not permitted under the canopy of oaks. 22. Design topdressings so that mulch remains at least one foot from the trunks of retained trees and 6 inches from the trunks of new trees. 23. Removal of the topsoil under tree canopies is not permitted. Attachments: Tree Inventory Table Revised Map showing tree locations and tree protective fencing Page 6 of6 120 TREE NO. 1 2 .; 3 4 5 6 / 7 . ,/ 8 9 10 11 12 TREE NAME American sweetgum Liquidambar styraciflua Colorado blue spruce Picea pungens American sweetgum Liquidambar styracijlua American sweetgum Liquidambar styraciflua California pepper Schinus molle Southern magnolia Magnolia grandiflora Avocado Persea americana Almond Pnmus amyJ{da/us Coast live oak Quercus G)!rifolia English walnut Ju)!/ans re)!ia Saucer magnolia Ma}!nolia sDu/anfliana English holly llex aQuifolium Tree Replacement Value Suitability for preservation: 12 10 11.2 10.7 25.7 18 9,7,7, 7,5 16.7 36 11.8 12 11.2 TREE INVENTORY TABLE 15 80 60 Good Moderate 4 15 100 100 Good High 3 25 80 60 Good Moderate 1 x 25 80 70 Good Moderate 3 35 70 50 Good High 2 30 80 80 Good High x 30 70 10 Fair Low x 15 50 70 Fair Moderate x 45 80 70 Good High 4 x x 25 70 50 Good Moderate 4 15 70 40 Good Moderate 2 15 80 80 Good Moderate 2 High -The tree is a good Of excellent specimen and should be retained. The project should be redesigned around it. Moderate -The tree is a fair or good specimen, but the project does not need to be designed to preserve the tree. Low -The tree should be removed as part of the project and replaced with new trees. Replacement Tree Values 15gallon~$150 24inchbox~$500 36inchbox~$1,500 48 inch box ~ $5,000 52 inch box ~ 7,000 72 inch box ~ $15,000 $4,900 $2,850 $3,360 $4,160 $8,500 $11,600 $2,070 $4,250 $47,800 $1,250 $6,300 $2,500 $99,540 Should any tree listed above be removed owner will be required to replace that tree with trees equal to its appraised value. September 14, 2010 15395 Pepper Lane 121 *' • I ~ I " !I ... ~ ~~ I 0 II • ~ • 0 , 15395 Pepper Lane February 7, 2011 PEPPER LANE Legend Tree Protective Fencing Tree Canopy z ~ , ." ,i'.liS,_ 0 8'~ 8 ... 122 GreenPoint Rated Checklist: Single Family The GreenPoinl Rated checklist lracks green fealures incorporated into the home. A home is onlv GreenPoint Rated if all Matures are verified by a Certified GreenPoint Raler through Build It Green GreenPoinl Rated is provided as a public service by Build It Green, a professional non-pmfit whose mission is to promote healthy, energy and resource efficient buildings in California. The minimum requirements of GreenPoint Rated are: verification of 50 or more points; Earn the following minimum points per category: Energy (30). Indoor Air Quality/Hearth (5), Resources (6), and Water (9); and meet the prerequisites A.2.a, H10a., J.2, K7., and N.1. Projects meeting measure J4. Obtain EPA Indoor airPLUS Certification should automatically meel the requirements of 29 other measures; when J4 is chosen, Ihese 29 measures will be highlighted in blue for your convenience. The criteria for the green building practices listed below are described in the GreenPolnt Rated Single Family Rating Manual. For more Information please visil www.buUditgreen.org/greenpolnlrated (Including and Existing Structures) a. Required: Divert 50% (by weight) of All Construction and Demolition Waste (Recycling or Reuse) b. Divert 100% of Asphalt and Concrete and 65% {by weight} of Remaining Malerials ; ; , 1--"=,--,, .~. Use Recycled Content Aggregate (Minimum 25%) . Walkway and Driveway Base ; Construction Environmental Quality Management Plan, Duct Sealing, ~~·~~.·iR'~--'I-and Pre-Occupancy Flush-Out ['ThiS credit is a requirement associated with 0% Concrete with Foundation in Cold Areas {CEC Climate with J4: EPA I Connections area are Water . Construct Resource-Efficient Landscapes a. No Invasive Species Listed by Cal-IPC Are Planted b. No Plant Species Will Require Shearing c. 75% of Plants Are Drought Tolerant, California Natives or Mediterranean Species i in Landscape I a. Turf Shall Not Be Installed on Slopes Exceeding 10% and No Overhead Sprinklers Inslalled in Areas Less than 8 Feet Wide b. Turf is Small Percentage of Landscaped Area (2 Points for ~3%, 4 Points for :sl0%) High-Efficiency Irrigation Systems Uses Only Low-Flow Drip, Bubblers, or Sprinklers " , ; a. Cistern(s) is Less Than 750 Gallons b. Cistern(s) is 750 to 2,500 Gallons 11. Design Landscape to Meet Water Budget y o 0 0 0 2 o 2 o © Build It Green Single Family Checklist New Home Version 4.0 AIlL. .\\~. GreenPointRATED " "f<OGRAM OF SUiLO IT GREEN I Total Points Targeted: 65 1134~~ .55 9 6 109 1 __ •0 R 2 , 2 2 2 2 i 2 3 2 4 Notes Page 1 of 11 123 ----------- - ------~~~~~~~~~~~~~~~~-~~~~~~~~--~~- Enter Project Name I: ISO Teo a. Installirrigalion System That Will Be Operated at 9'0% Reference ET (Prerequisites for Credit are C1. and C2.) h. Install Irrigation System That Will 8e Operated at SiO% Reference ET (Prerequisites for Credit are C1, C2, and C6a or C6b.) © Build It Green o Single Family Checklist New Home Version 4.0 1> " , E E 0 U , , I ·_"1_ ! } >~ --------~ • • ~ " 2' , 0 • • c • W ~ ---~~~-----~ ~~~- Notes Page2of11 124 Directing Light . Apply i Value Engineering Place Joists, Rafters and Studs at 24-1nch On Center Door and Window Headers are Sized for load r r a. Wan and Floor Assemblies (Excluding Solid Wail Assemblies) are Delivered Panelized from Supplier (Minimum of 80% Square Feet) ~~::::::fU" a. Engineered Beams and Headers b. Wood I-Joists or Web Trusses for Floors lumber c. Engineered lumber for Roof Rafters d. Engineered or Finger-Jointed Sluds for Vertical Applications e. Oriented Strand Board for Subfloor .. Assembly) a. Floors b. Walls Gulters , ('This credn is a requirement associated with J4: EPA lAP] a. Install Garage Exhaust Fan OR Build a Detached Garage b. TIghtly Seal the Air Barrier between Garage and living Area (Performance Test o o © Build It Green Single Family Checklist New Home Version 4.0 Notes Page 30f 11 125 a. Walls b. Ceilings , (Max. 5 points, G1a. Is a Prerequisite for G1b·e) a. Insulate All Hot Water Pipes I'This credil is a requirement associated with J4: EPA tAP] b. Use Engineered Parallel Plumbing c. Use Engineered Parallel Plumbing with Demand Controlled Circulation Loop(s) d. Use Tradilional Trunk, Branch and Twig Plumbing with Demand Controlled ~~~~j~;.c~;~";"~ration Loop(s) t i i High Efficiency Showerheads ~.O Gallons Per Minute (gpm) at 80 psi High Efficiency Bathroom Faucets ::;:1.5 gpm at 60psi liIi I or ~.28 Gallons Per , a. Design and Install HVAC Syslem 10 ACCA Manual J, D, and S Recommendations [·This credit is a requirement associated with J4: EPA lAP] b. Test Total Supply Air Flow Rates . [·This credit is a requirement associated with J4: EPA lAP) ('This credit is a requirement associaled with J4: EPA lAP) a. Furnaces b. Waler Healers 2 o o o o © Build It Green Single Family Checklist New Home Version 4.0 f I 4 2 2 - - ----------- -Notes Page4of11 126 o o ~~~~~ ·"a;'·;'~"'.;;t;all ENERGY STAR Ceiling 0.0% Inslall Whole House Fan with Variable Speeds (Credit Not Available if H9c Chosen) a. Required: Compliance with ASHRAE 62.2 Mechanical Ventilation Standards (as adopted In Titre 24 Part 6) {'This credit is a requirement associated with J4: EPA IAPI b. Advanced Ventilation Practices (Continuous Opera !Ion, Sone Limit, Minimum Efficiency, Minimum Ventilation Rata, Homeowner Instructions) Monoxide A1arm{s} (or No Combustlon Appliances in Living Photovoltaic Installation & Provide Offset Energy Consumption with Onsile Renewable Generation (Solar PV, Solar Thermal, Wind) o o © Build [t Green Single Family Checklist New Home Version 4.0 Notes 25 Page50f11 127 TBD 15% IBD c. Blower Door Results are Max 2.5 ACH:o for Unbalanced Systems (Supply or Exhaust) or Max 1.0 ACH5Q for Balanced Systems (2 Total Points for J1b. and J1c.) a. Energy Efficiency Program ['This credit is a requirement associated with J4: EPA IAP[ b. Renewable Energy Program with Min. 30% Belter Than Title 24 (High Performing © Build It Green Single Family Checklist New Home Version 4.0 --- ---------- -Notes Page6of11 128 Enter Project Name . Yes 6. Use Environmentally Preferable Materials for Interior FInish A) FSC-Certifled Wood, 5) Reclaimed, C) Rapidly Renewable, OJ Recycled-Conlent or E) Finger-Jointed F) Local a. Cabinets (50% Minimum) b. Inlerior Trim (50% Minimum) c. Shelving (50% Minimum) d. Doors (50% Minimum) CARB Airborne Toxic Control Measure (ATCM) for Composite Wood Formaldehyde LImits by Mandatory Compliance Dates I 8. Reduce Formaldehyde in Interior Finish -Exceed Current CARB ATCM for Composite Wood Formaldehyde Limits Prior 10 Mandatory Compliance Dates e. Doors (90% Minimum) b. Cabinets & Counlertops (90% Minimum) , Test Environmentally Preferable Flooring (Minimum 15% Floor Area) FSC-Certified Wood, 5) Reclaimed or Refinished, G) Rapidly Renewable, 6S~E~p~ij~i~~~' E) Exposed Concrete, F) local. Flooring Adhesives Must a. Meets ENERGY STAR and GEE Tier 2 Requirements (Modified Energy Factor 2.0, Water Factor 6.0 or less) b. Meets ENERGY STAR and GEE Tier 3 Requirements y o o © Build It Green Single Family Checklist New Home Version 4.0 Notes R 3 4 3 i Page7of11 129 I-::::I~=f' Install ~ a. Install High-Efficacy lighting b. Install a lighting System to iESNA Footcandle Standards or Hire lighting Consultant i i in a Time-af·Use I " Infilr Development ; a. Cluster Homes for Land Preservation b. Conserve Resources by Increasing Density {I 0 Unlts per Acre or Greater) c. Home Size Efficiency i. Enter Average Unfl Square Footage a. S1te Has Pedestrian Access Within 1/2 Mile of Community Services: TIER 1: Enter Number of Services Within 112 Mile o 1) Day Care 2) Community Center 3) Public Park 4) Drug Store 5) Restaurant 6) School 7) library 8) Farmer's Markel 9) After School Programs 10) Convenience Store Where Meat & Produce are Sold TIER 2: Enter Number of Services Within 1/2 Mile 1) Bank 2) Place of Worship 3) Laundry/Cleaners 4) Hardware o 5) Theater/Entertainment 6) Fitness/Gym 7) Post Offi~e 8) Senior Care Facility 9) Medical/Dental 10) Hair Care 11) Commercial Office or Major Employer 12} FuJI Scale Supermarket i. 5 Services Listed Above (Tier 2 Services Count as 1/2 Service Value) ii. 10 Services Listed Above (Tier 2 Services Count as 1/2 Service Value) o y o o o © Build It Green Single Family Checklist New Home Version 4.0 R Page8of11 130 c. Install Traffic Calming Strategies (Minimum of Two): -Designated Bicycle Lanes are Present on Roadways; -Ten-Foot Vehicle Travel Lanes; -Street Crossings Closest to Site are Located Less Than 300 Feet Apart; -Streets Have Rumble Strips, Bulbouts, Raised Crosswalks or Refuge Islands i i a. All Home Front Entrances Have Views from tha Inside to Outside Callers b. All Home Front Entrances Can be Seen from the Street and/or from Other Fronl Doors 100sf) to Streets and Public Spaces Entrance b. AIL Main Floor Intarior Doors & Passageways Have a Minimum 32-lm:h Clear Passage Space c. Locate Half-Bath on the Ground Floor ; 1. Stormwaler Control: Prescriptive Path (Maximum of 3 Points, Mutually Exclusive with PAZ.) a. Use Permeable Paving for 25% of Driveways. Patios and Walkways b. Install Blo-Retention and Filtration Features ~±~~~.,.c. Route Downspout Through Permeable Landscape d. Use Non-Leaching Roofing Materials e. Include Smart StreeUDriveway Design . Stormwater Control: Performance Path (Mutually Exclusive with PA 1): Perform Soil I 1---'=0--,1. Design, Build and Maintain Structural Pest and Rot Controls a. Locate All Wood (Siding. Trim, Structure) At Least 12" Above Soil b. All Wood Framing 3 Feet from the Foundation is Treated with Borates (crUse Factory-Impregnated Materials) OR Walls are Not Made of Wood Use Moisture Resistant Materials in Wet Al-eas: Kitr:hen. Bathmnm!';, lJtility Rnnms. anri Basements ['This credit is a requirement associated with J4: EPA lAP] Roof (Minimum 25%) o o o o © Build It Green Single Family Checklist New Home Version 4.0 2 3 Page90f11 131 Sd~2~l:' ~:i::::::;' :P:;":.;:P::'":~m~b~;."::9l,:(:'."::'~~IUdes Clothes Washer at Minimum) ~ (Includes Clothes Washer at Minimum) ]nnal/aUve Wastewater Technology (Conslructed Wetland, Sand Filter, Aerobic System) 0 '---"=_"~. Composling or Waterless Toilet Install Drain Water Heat-Recovery System and Air i Humidity Canlro! Systems (Only in California HumidfMarine Climate Zones 1.3,5,6,7) ['ThiS credit is a requirement 8ssocialed with J4: EPA lAP] Manual T for ; I i i Detailed Durability Plan and Third-Party Verification of Plan Implementation r:~~=f Educational Signage of Project's Green Features ~ a. Promotion of Green Building Practices b. Installed Green Building Educational Signage 3. Innovation: list innovative measures that meet green building objectives. Enter in the number of points in each category for a maximum of 4 points for the measure in the blue cells. Points achieved column will be automatically flll in based an Ihe sum of the points in each category. Points and measures will be evaluated by Build It Green. o © Build·lt Green Single Family Checklist New Home Version 4.0 --- -- ------------------ Not~s Page 10of11 132 Enter Project Name I Project has met all recommended minimum requirements -Total Project Score of At Least 50 Points -Required measures: -A3a: 50% waste diversion by weight -H1Oa: Compliance with ASHRAE 62.2 Mechanical Ventilation Standards -J2: 15% above Title 24 -K?: Reduce Formaldehyde in Inlerior Finish -Meet Current CARB ATCM for Composite Wood Formaldehyde Limits by Mandatory Compliance Daies -N1: Incorporate GreenPoint Rated Checklist into blueprints -Minimum points in specific categories: -Energy (30 points) -lAO/Health (5 points) -Resources (6 points) -Water (9 points) © Build II Green Single Family Checklist New Home Version 4.0 Notes Page 11 of11 133 , -L 1 __ - ~I i • -- .. (!O) 0'0' ................................. -.... 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"' <t: -u ....., <: ~ z "' ~~~ a iii i:l ~u ,. ~ "' ~ 1il ~ z a ~o "' V'la '" ",f-a o(l "';2 0-a V'I<: '" ~ -'" 0- <: , SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: Christopher Riordan, AICP SUBJECT: Amendments to Section s 7-20.220, 14-70.080, 16-17.160 and Various Sections of Chapter 15 (Zoning Regulations) of the City Code RECOMMENDED ACTION: Approve the attached ordinance adopting various clean up amendments to Sections 7-20.220 (concerning horses), 14-70.080 (concerning voluntary mergers), 16-17.160 (concerning driveways) and various sections of Chapter 15 of the City Code (Zoning Regulations) of the Saratoga City Code. REPORT SUMMARY: During the daily review and implementation of the City Code, Community Development Department staff occasionally identifies code sections which are inconsistent with other sections, are difficult to interpret, or have been preempted by changes to California law. Staff maintains a list of proposed changes and periodically proposes clean up amendments to these provisions. At its annual retreat, the City Council requested that staff prepare a clean-up ordinance for 2011. Changes to the City’s zoning regulations must be reviewed by the Planning Commission. The Commission reviewed the proposed amendments to the Zoning Ordinance at their March 13, 2011 and recommended approval. The proposed amendments are not intended to make substantive changes to the code. The table below summarizes the amendments in the order they appear in the ordinance and the City Code. The full text of the ordinance showing specific changes is attached. Topic Current Approach and Problem Proposed Changes Commercial/Community Stables City Code Section 7-20.220 concerns the keeping of horses in Saratoga. The Code does not specifically include “training” and “breeding” as purposes for which horses may be kept. Staff is proposing to add the words “training” and “breeding” to the definition of both Commercial Stable and Community Stable to clarify how horses may be kept. Voluntary Merger The wording of City Code Section 14-70.080 assumes that a lot Staff is proposing to add text that states that a merger of contiguous 140 Topic Current Approach and Problem Proposed Changes merger will be followed by a resubdivision. In some cases, such as the recent Thunder Ranch annexation, parcels are merged and there is no resubdivision. parcels under common ownership is authorized with only staff review if no resubdivision is requested and may be accomplished by simple recordation of a deed of merger. Change the word Adjacent to Abutting and related clarifications There are frequent uses of the word “adjacent” in the City Code when referring to properties sharing a common property line. The Zoning Code does not include a definition for “adjacent”. However, section 15-06.020 of the Zoning Code defines “Abutting” as having property lines or district lines in common. Recent case law has held that the word “adjacent” means “nearby” but not necessarily having a common property line. Staff is proposing to replace the word “adjacent” with “abutting” in those code sections where the use of the word “adjacent” refers to a property sharing a common property line. In addition, staff is proposing to replace “adjacent” with “immediately adjacent” in code sections where the term abutting would not be appropriate. Change QPF (Quasi- Public Facility) to CFS (Community Facility) During the 2007 update to the City’s Land Use Element of the General Plan, the name of the Quasi-Public Facilities (QPF) General Plan Designation was changed to Community Facilities (CFS). References to the QPF designation still exist in the Code. Staff is proposing to replace QPF with CFS in the various code sections where QPF is still referenced. Solar Panels City Code Section 15-80.030(f) states that with the approval of the Community Development Director, solar panels not exceeding six feet in height may be located with a rear setback. Staff is proposing to remove the height and setback restriction from the Zoning Code as recent changes to State law preempt Zoning Code requirements limiting installation of solar panels. (Health & Safety Code section 17959.1.) This same State law also restricts cities and counties from requiring Design Review approval or Conditional Use Permits for solar panels. However, this exemption from regulations is not applicable if the Building Official has a good faith belief (based on written standards, policies, or conditions) that the solar energy system could have specific, adverse impact upon public health or safety. In such cases discretionary review would be allowed in accordance with the law. 141 Topic Current Approach and Problem Proposed Changes Appeal Time Limits City Code Section 15-90.050(a) (Appeals) states that 10 calendar days is the time limit for filing an appeal to the Planning Commission decision. However, City Code Section 15-45.065(c) states that a decision of the Community Developer is appealable to the Planning Commission within 15 calendar days. Staff is proposing to correct this inconsistency by modifying the appeal period specified in City Code Section 15-90.050(a) from 10 days to 15 days. Driveways During the 2009 Code Clean-up the City amended the standards for driveways to add required widths for driveways: A minimum 12 foot wide driveway for driveways that service one parcel and a 14 foot wide driveway with one foot shoulder on each side for driveways that service more than one parcel. A greater width may be required by the Fire department. This change was inadvertently deleted during the 2010 update to the Building Code. Staff is proposing to include the driveway standards as they were adopted in 2009. ENVIRONMENTAL DETERMINATION: The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions to the existing Code; the amendments and additions would have a de minimis impact on the environment. FISCAL IMPACTS: There are no negative fiscal impacts associated with approval of the proposed ordinance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Code would continue to be inconsistent with recent changes in State law and be difficult to interpret for both staff and the public. ALTERNATIVE ACTION: Decline to adopt the proposed ordinance and provide staff with direction. 142 FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENT: Proposed Ordinance 143 1 ORDINANCE __________ AN ORDINANCE AMENDING SECTIONS 7-20.220, 14-70.080, 16-17.160 AND VARIOUS SECTIONS OF CHAPTER 15 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings 1. The City of Saratoga wishes to amend certain sections of the City Code in order to remedy internal ambiguities, clarify existing requirements, codify staff interpretations, omit redundant terms and provisions, and amend grammatical and other errors. 2. Certain of the updates in this ordinance affect provisions of the City’s zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on March 13, 2011, recommended adoption of the updates to Chapter 15. 3. The City Council of the City of Saratoga held a duly noticed public hearing on May 4, 2011, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance. Sections 7-20.220, 14-70.080, and various Sections of Chapter 15 of the Saratoga City Code are amended as follows: A. Amendment to Section 7-20.220 Concerning Horses. 7-20.220 - Horses. (a) Purpose. This Section is adopted to establish licensing requirements for the keeping of horses, and to regulate the keeping and maintenance thereof, in order to protect and promote the public health, safety, welfare, comfort and convenience, while permitting residents to keep horses under appropriate conditions, and further to establish conditions and requirements for the operation of commercial and community stables. This Section is also intended to provide a basis for correction of existing unsafe and unhealthful conditions. (b) Definitions. For the purposes of this Section and other provisions of this Code, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise: 144 2 (1) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. (2) Commercial stable means any establishment providing services or facilities for the keeping, training, breeding, or use of horses, other than for private use, including but not limited to, boarding stables and riding schools, but not including community stables. (3) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping, training, breeding, or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale. (4) Corral means an area enclosed by fencing for the keeping of horses or other livestock. (5) Horse includes any member of the horse family (equidae) including, but not limited to, ponies, donkeys and mules. (6) Horse stable means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. (7) Keeping or maintenance, in relation to a horse or horses, means the harboring or maintaining possession of any horse on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any horse physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupancy of the site. (8) Keeping or maintenance for private use, in relation to a horse or horses, means the keeping of horses owned by the owner of the site where such horses are kept, for the private use by such owner and his guests as a use accessory to a residence on the same site, and not for remuneration, hire or sale. (9) Pasture means a plot of ground other than a corral with grass or other plant life available for grazing horses. (10) Riding school means any establishment providing or offering for remuneration, equestrian instruction through private lesson, organized class, or group instructional activities, or any establishment where horses are maintained or facilities provided primarily for the purpose of providing equestrian instruction for remuneration. (c) Interpretation of provisions. The provisions of this Section shall be held to be minimum requirements except where it is expressly stated that maximum requirements shall prevail. The provisions are not intended to impair or interfere with any private restrictions placed upon property by covenant or deed or otherwise; provided, however, that where this Section imposes greater restrictions upon such property, the provisions of this Section shall control. 145 3 (d) Compliance with regulations; invalidity of horse license issued in violation thereof. (1) It shall be unlawful for any person to keep or maintain any horse, or cause any horse to be kept or maintained in the City except in conformity with the provisions of this Section and the applicable zoning regulations of the City as set forth in Chapter 15 of this Code. (2) Horses may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. (3) No horse license shall be issued pursuant to this Section in violation of any provisions contained herein or in violation of any other provision of this Code, and any license as may be issued which is in violation of any of said provisions shall be void and of no force or effect. (e) General regulations. All horses in the City shall be kept and maintained in compliance with the following regulations: (1) Enclosures and control. All horses shall at all times be kept in a corral or enclosed stable meeting the requirements of this Section other than when being ridden or exercised under the direct control of some responsible person, except that the Planning Director shall have the power, but not the obligation, to permit the keeping of permitted horses in a pasture under reasonable conditions as imposed in the license. (2) Construction of corrals and stables. All corrals shall be enclosed by a substantial fence, and corrals for the enclosure of stallions shall conform to all State laws governing safety fencing, and all stables and corrals shall be erected and constructed in conformity with the Building Code of the City. Where existing buildings and structures constructed in compliance with regulations in force at the time of construction do not comply with current regulations, and constitute a threat to health, safety or the general welfare, specific corrections may be required by the City Manager as a condition of issuance of a license. (3) Fire protection. Buildings and structures for the keeping of horses shall conform to the fire protection standards of the fire district in which the site is located. (4) Maintenance; sanitary conditions. All stables and corrals shall at all times be kept adequately clean of manure, and the City Manager shall have power to require fly trapping or fly killing substances and devices as a condition of any license, as recommended by the County Health Department. All horses and premises on which horses are kept shall be maintained in a clean and sanitary condition. (f) Commercial and community stables. Each commercial or community stable shall conform with the following provisions, whether or not such provisions are specifically set forth in a use permit granted for such stable under Chapter 15 of this Code: 146 4 (1) The premises shall be under the full-time supervision of a competent attendant on duty on the premises. (2) Any commercial or community stable providing equestrian instruction shall give such instruction only on the premises, unless special permission to do otherwise has been granted in the use permit. (3) No lighting other than needed for safe passing around buildings shall be permitted unless specifically approved under the terms of the use permit. (g) Horse licenses. (1) Horse license required; exception. No horse over three hundred sixty days of age shall be kept or maintained in the City without the owner or person entitled to custody thereof first obtaining a horse license from the City Manager; provided, however, no license shall be required for any horse kept and maintained in a commercial or community stable under the terms and provisions of a valid use permit issued by the Planning Commission. (2) License fees. Fees for issuance and renewal of horse licenses shall be such amount as established from time to time by resolution of the City Council. (3) Application for license. Application for a horse license shall be made to the City Manager on such forms as he may prescribe. The application shall be accompanied by a dimensioned sketch showing the location of the proposed stables, corrals, fences and other structures and facilities for the maintenance of horses, indicating the distance from existing structures on the subject property, the distance from the property lines of the site, and the location on neighboring parcels of all buildings and structures within a distance of one hundred feet from the site. (4) Issuance of license. Upon determining that all of the provisions of this Section and all other applicable provisions of this Code will be complied with, the City Manager shall issue a horse license for not more than one horse for each forty thousand square feet of site area, or for such other site area per horse as may from time to time be prescribed in the zoning regulations of the City. (5) Conditions of license. Any horse license may be issued subject to any additional conditions or regulations which, in the opinion of the City Manager, are necessary to protect the public health, safety or welfare. (6) Revocation of license. A horse license shall automatically be revoked upon any change of ownership of the horse for which such license is issued or any change in the location of the site on which such horse is kept. In addition, the City Manager may at any time revoke a horse license for violation of any condition set forth therein or violation of any provision contained in this Section or any other provision of this Code. The City Manager shall give the license holder at least ten days' prior written notice of his intention to revoke the license and the reasons for such action. 147 5 (7) Appeal to City Council. All determinations and decisions by the City Manager pursuant to this Section may be appealed by the applicant or other interested person to the City Council, in accordance with the procedure set forth in Section 2-05.030 of this Code. (h) Inspections. The City Manager and the County Health Officer shall have authority to enter upon and inspect any premises where any horse is kept or maintained for the purpose of enforcing the provisions of this Section. B. Amendment to Section 14-70.080 Concerning Voluntary Merger of Parcels 14-70.080 - Merging and resubdividing without reversion. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all applicable requirements as set forth in this Chapter and the Map Act. The filing of a final map pursuant to this Chapter, covering two or more parcels, shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown on the assessment roll of the County with the new lot or parcel boundaries. The filing of such map shall also constitute abandonment of all streets, easements, dedications and offers of dedication not shown on the map. If no resubdivision is requested, merger of contiguous parcels under common ownership is authorized without reverting to acreage, subject to such terms, covenants, conditions or provisions as the City Council, the City Engineer or the Community Development Director may deem necessary or appropriate and the recordation of an instrument evidencing the merger, which may include a deed of merger. C. Amendments to Chapter 15 Concerning Zoning Regulations 1. Amendment to Definition of Basement 15-06.090 - Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of floor area. This requirement applies to all lots, with the exception of hillside lots. On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade 148 6 shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1c) As used herein, the term "grade" shall mean either the natural grade or finished grade immediately adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. 2. Amendment to Definition of Height of Fences 15-06.341 - Height of fences. "Height of fences" means a vertical line from the highest point of the fence (including lattice or similar material), to a point directly below at either the natural grade or the finished grade, at the owners choice. Where there are differences in grade between adjacent abutting properties, the fence height is measured from the property with the higher grade unless a different measurement standard applies pursuant to another section of this Code. 149 7 3. Amendment to Text Regarding Height of Structures 15-12.100 - Height of structures (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style. The additional height may only be granted on residentially zoned parcels exceeding twenty thousand square feet. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning Commission as resources documents to assess the purity of architectural design. (b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to twenty feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) 4. Amendment to Text Regarding Setback Areas community facilities (CFS) in the General Plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. 15-18.080 Front, side, and rear setback areas. (a) Front setback area. The minimum front setback area of any lot in a P-A district shall be twenty-five feet from the front lot line. (b) Side setback area. The minimum side setback area of any lot in a P-A district shall be ten percent of the average width of the site; provided, that a side setback area of more than twenty-five feet from the applicable side lot line shall not be required and a side setback area of less than ten feet from the applicable side setback area shall not be permitted, subject to the following exceptions: (1) The exterior side setback area of a corner lot shall be not less than fifteen feet from the exterior side lot line. (2) One foot shall be added to an interior side setback area for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than thirty feet from the interior side lot line shall not be required. (c) Rear setback area. The minimum rear setback area of any lot in a P-A district shall be twenty-five feet from the rear lot line, subject to the following exceptions: 150 8 (1) One foot shall be added to the minimum rear setback area for each two feet of height by which a structure exceeds fourteen feet in height. (2) Where a rear setback area is adjacent abutting to property within an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty-five feet from the rear lot line 5. Amendment to text regarding landscaping and fencing 15-18.100 - Screening, landscaping and fencing. (a) Where a P-A site is adjacent abutting to (b) Not less than ten feet of the required front setback area shall be landscaped and permanently maintained. an A, R-1, HR, or R-M district, a solid fence, vine- covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise. (c) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 6. Amendment to text regarding Commercial Districts 15-19.020 - General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit in accordance with this code: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-46. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit in accordance with this code: (1) Restaurants. 151 9 (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. (14) Repealed. (15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article. (c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any us e involving drive-through service, such as restaurants and financial institutions with drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini-storage facilities. 152 10 (6) Outdoor sales or storage of motor vehicles. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. (e) Setback area. No use shall occupy any required setback area, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage. (f) Screening, landscaping and fencing. (1) Where a site is adjacent abutting to (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. an A, R-1, HR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so. (4) Notwithstanding any other provision contained in this subsection (f), the Community Development Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties. 153 11 (5) Required pedestrian open spaces, front setback areas, side setback areas, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained. (6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way. (7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. (h) Off-street parking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter. 7. Amendment to text regarding C-N District Regulations 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter. (1) Mixed-use development conforming to the design standards found in Article 15-58. (2) Medical offices and clinics. (c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows: 154 12 (e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent. (f) Front setback area. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area adjacent abutting to such street or alley shall be ten feet. Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N district shall be twenty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and Frontage Width Depth 60 feet 60 feet 100 feet 155 13 (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 8. Amendment to text regarding C-N(RHD) Regulations 15-19.035 C-N(RHD) district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and 15- 19.030(a) of this Article, the following permitted uses shall also be allowed in a C-N(RHD) district: (1) Mixed-use development with a minimum residential density of twenty dwelling units per net acre and conforming to the design standards found in Article 15-58. Pursuant to Government Code Section 65583.2(i)) such development shall not constitute a "project" under CEQA. (2) Emergency shelters, transitional housing, and supportive housing for homeless individuals and families. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) and 15- 19.030(b) of this Article, the following conditional uses may also be allowed in a C-N(RHD) district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Drive-through services. (2) Gasoline service stations; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-N(RHD) district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N(RHD) district shall be as follows: (e) Coverage. The maximum net site area covered by structures on any lot in a C-N(RHD) district shall be eighty percent. (f) Front setback area. The minimum front setback area of any lot in a C-N(RHD) district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(RHD) district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot. Frontage Width Depth 60 feet 60 feet 100 feet 156 14 (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area adjacent abutting to such street or alley shall be ten feet. Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N(RHD) district shall be thirty feet. (i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening and landscaping. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the project shall comply with the development standards set forth in Article 15-17 of this Chapter. The density of development above twenty dwelling units per net acre shall be as determined in each case by the Planning Commission, based upon its findings that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 9. Amendment to text regarding C-V District Regulations 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. 157 15 (3) Personal service businesses. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed-use development conforming to the design standards found in Article 15-58. (3)Medical offices and clinics. (4) Mortuaries. (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-V district shall be as follows: (e) Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent. (f) Front setback area. The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site adjacent abutting to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (g) Side and rear setback areas. The minimum side setback area of any lot in a C-V district shall be ten feet and the minimum rear setback area of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height. (2) One foot shall be added to the minimum rear setback area for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height. (3) On a corner lot, the minimum exterior side setback area shall be twenty feet. Frontage Width Depth 60 feet 60 feet 100 feet 158 16 (h) Height of structures. The maximum height of any structure in a C-V district shall be twenty feet. (i) Screening, landscaping and fencing. (1)An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (2) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots. (j) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. 10. Amendment to text regarding Fences and Hedges 15-29.010 Height restrictions. (a) General regulations. A building permit shall be required for any fence more than six feet in height (including lattice or similar material). Height maximums and permitted materials for fences shall be as follows: (1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in [section] 15-29.080, or approved by the Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter. (2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the 159 17 unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two inches at minimum and no slats are allowed in any opening. (b) Front setback area. No fence located within any required front setback area shall exceed three feet in height. (c) Exterior side setback area of reversed corner lots. No fence located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height. (d) [Exceptions.] The height limitations do not apply to the following circumstances: (1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement. (2) Safety railings that are required by the California Building Code shall be excluded from the height requirements of this Section. (3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area, may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet. (4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Article [Section] 15-06.290; and (2) the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an adjacent abutting property, the maximum permitted fence height for a side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an adjacent abutting property. (e) Street intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement shall exceed three feet in height above the established grade of the adjoining street. Protected trees described in section 15-50.050 of this Code are not subject to this requirement. 160 18 (g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10-05.030. (h) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters, but in no case shall the height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet. (j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (k) Swimming pool fences. Fences required for swimming pools are governed by City Code Sections 16-75.010 and 15-29.020(e). (l) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height. 11. Amendment to subsection 15-80.030(f) regarding Solar Panels (note that subsections (a) through (e) and (g) through (l) are not affected by this amendment and are not shown below). 15-80.030 Special rules for accessory uses and structures in residential districts. The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district: (f) Solar panels. Solar energy systems do not require any discretionary approval unless the building official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, in which case a solar energy system use permit is required. Applications for such permits shall be acted upon by the Community Development Director in accordance with California Health and Safety Code 17959.1. Subject 161 19 to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. 12. Amendment to Section 15-90.050 regarding Appeals 15-90.050 - Time limit on notice of appeal (a) The notice of an appeal to the Planning Commission shall be filed, together with payment of the filing fee, within ten (b) The notice of an appeal to the City Council shall be filed, together with payment of the filing fee, within fifteen days after the date on which the decision by the Planning Commission is rendered. fifteen days after the date on which the administrative determination or decision is rendered. D. Amendments to Section 16-17.160 Concerning Driveways 16-17.160 Driveways. Unless otherwise recommended in the approved soil engineering or geology report, driveways Driveways shall conform to the provisions of this Section. (a) Gradient. Maximum driveway gradient shall not exceed eighteen percent for more than fifty feet. (b) Construction standards: 1. Driveways to structures with less than a thirty-five foot setback have no conditions placed on their construction. 2. Driveways to structures with more than a thirty-five foot setback shall comply with the following conditions: a. The width of a driveway servicing one parcel within a single-family residential district shall be a minimum of twelve feet, or greater as required by the Fire District having jurisdiction. The driveway servicing more than one parcel within a single family residential district must be at least fourteen feet wide with a one foot shoulder on each side or greater as required by the Fire District having jurisdiction. The width of the driveway in all other zoning districts shall be as required by the Fire District having jurisdiction. b. The driveway must have a minimum curve radius of forty-two feet. c. If the finished surface slope is twelve and one-half percent or less, the driveway must have at least a six inch aggregate base and a double-coat oil and screening surface. 162 20 d. If the finished surface slope is twelve and one-half to fifteen percent slope, the driveway must have at least a six inch aggregate base and a two inch asphalt concrete surface. e. If the finished surface slope is fifteen to eighteen percent, the driveway must have at least a six inch aggregate base and four inch rough-surface concrete surface. f. A turnaround at the end of a driveway must have at least a thirty-two foot radius or an equivalent approved by the fire department Fire District having jurisdiction. g. The driveway must have a centerline perpendicular to the street right-of-way at the point of their intersection or present a minimum forty-two foot effective inside radius to vehicles departing or entering the public street from both sides. 3. All bridges and driveway structures shall be designed to sustain a minimum of thirty- five thousand pounds dynamic loading. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. 163 21 Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 4th day of May, 2011, and was adopted by the following vote following a second reading on the 18th day of May, 2011. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ HOWARD A. MILLER ANN SULLIVAN MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 164 SARATOGA CITY COUNCIL MEETING DATE: May 4, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DIRECTOR: Michael Taylor Recreation & Facilities Director SUBJECT: Banner Policy Options RECOMMENDED ACTION: Review report and provided direction to staff regarding a banner policy/program. BACKGROUND: The City of Saratoga adopted a resolution establishing rules and regulations for hanging banners at Blaney Plaza in June 1983. The policy was refined in May of 1985, updated in June 1990 and revised again in July 2005. In July 2007, Council added the North Campus (Saratoga Prospect Center) site to the banner policy (Attachment A). The implementation of the Prospect Center program was delayed pending the installation of a permanent location sign. The sign is currently expected to be installed by May 15th. The City currently offers the sites for hanging public announcement, non-profit sponsored event banners for a fee of $300 per week. The Recreation Department manages the banner program by administering the policy, scheduling the plaza, collecting the fee, accepting, hanging, and returning the banners approximately 32 weeks per year. Changes to the rules and regulations must be approved by the City Council. DISCUSSION: On March 19, 2011, the Italian Stone Pine tree on the north side of Blaney Plaza was removed as hazard mitigation. A result of this loss was the elimination of the banner program at Blaney Plaza. A total of eight (8) groups were refunded their banner fee for previously scheduled use. Since the removal of the tree, there has been no City banner program. Previous users have expressed interest in renewing the banner program. At the April 6 meeting, Council directed staff to return with banner options. Staff recommends Council approve a consistent banner program at one or more of the following sites. Blaney Plaza Staff recommends installing an identical second pole approximately 12 feet south of the existing pole used as a speaker stand for the public sound system. This would allow for a 3’ by 10’ banner to be hung in front of the remaining pine tree just behind the plaza light poles. A photographic depiction of a banner option at Blaney Plaza is attached (Attachment B). 165 Prospect Center A banner program at Prospect Center was approved by Council in July 2007. The inclusion of banner poles (identical to those proposed for Blaney Plaza) is planned. A photographic depiction of a banner above the upcoming Prospect Center sign is attached (Attachment C). Heritage Park Corner The Orchard Park corner of Saratoga and Fruitvale Avenues is currently being used on an occasional informal basis for banners advertising Library events, the Mustard Faire, and a few SASCC and Recreation Department activities. The Recreation Department receives infrequent, but regular inquiries about using the site for banners promoting local events. Without an official policy or procedures regulating banners at the site, staff typically denies the request and attempted to promote Blaney Plaza or the Prospect Center location. The installation of poles identical to those proposed above would allow the City an additional site to promote community events. A photographic depiction of a banner above the existing Library sign is attached (Attachment D). FISCAL IMPACTS: The cost of constructing the described banner mechanism at Blaney Plaza is estimated at $1,200. Revenue generated from the Blaney Plaza banner program averaged about $6,800 per year. The cost of constructing the described banner mechanisms at Prospect Center and the Heritage Park corner is estimated at $1,800 each. The cost of installation could be charged to the facility improvement capital fund. A banner program should be able to recover costs within one or two fiscal years and result in a future revenue stream. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff would move ahead with implementing the banner program at Prospect Center. Other banner locations would not be available on a formal basis. ALTERNATIVE ACTION: Council could direct staff to implement one or more of the above designated locations for banners, or could direct staff to pursue other venues for banners. FOLLOW UP ACTION: If banner policy amendments are approved, staff will revise practices and procedures accordingly. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – City of Saratoga Banner Policy Attachment B – Conceptual Depiction of Blaney Plaza Banner Attachment C – Conceptual Depiction of Prospect Center Banner Attachment D – Conceptual Depiction of Heritage Park Banner 166 City of Saratoga Banner Policy 1. Non-Profit Organizations advertising community events or organizations advertising Saratoga-based non-profit events may hang banners in Blaney Plaza and at North Campus. Groups may be asked to show proof of non-profit or Saratoga residency status. 2. In June of each year, community groups will be asked to submit their requests for preferred dates from July 1st to June 30th to hang a banner at Blaney Plaza and / or North Campus. The City will consider all requests and finalize the schedule for the coming fiscal year. Dates open after the calendar is established can be filled throughout the year. 3. Requests will be given the following priority: 1) City of Saratoga sponsored activities, 2) groups who have previously hung banners, 3) Saratoga-based non- profit organizations or events, and 4) new groups. 4. Groups may be allowed the use of Blaney Plaza or North Campus no more than two (2) times in a twelve-month period. 5. A banner may be hung seven (7) days per usage, from Monday through Sunday. If there are no other requests, the seven-day time period may be extended to a maximum of fourteen (14) days. 6. All banners will be handled by the City’s Recreation Department. Banners must be submitted to the Community Center (19655 Allendale Avenue, (408) 868- 1249, Monday-Friday from 8:30 a.m. – 4:30 p.m.) at least one week in advance of the allotted time. 7. Groups will be charged a fee of $300 per week. Please make checks payable to the City of Saratoga. Checks are due when the schedule request is confirmed. 8. Banners must be claimed within five (5) working days from the date of its removal. Please claim banners at the Community Center. Banners not claimed within five (5) working days may be disposed of at the discretion of the Recreation Department. 167 9. To ensure that your banners be highly effective and properly placed, the following standards must be met: a) Banners must be four (4) feet by at least twenty-five (25) feet long. If properly prepared, banners up to forty-five (45) feet in length may be allowed. b) Banners must be made from a heavy-duty canvas or awning type of material. c) One-half (1/2) inch inside diameter metal grommets are to be placed at all four corners of the banner. Rope should be sewn at the top and bottom of the banner with a loop at the end on all four corners. d) One-half (1/2) inch inside diameter metal grommets must be placed at least every thirty-two (32) inches along the tope edge of the banner. e) Half moon air holes must be cut into the banner every five (5) feet of length in order to avoid tearing or ripping. Depending on the type and weight of banner fabric, it is recommended the half moon cuts be sewn to avoid tearing and/or ripping. 10. The City of Saratoga assumes no responsibility or liability for banners, theft, damage or injury that may result from the placement of banners. 11. The City of Saratoga will be exempt from the fee requirement and the limitation of time per year. Adopted by Saratoga City Council: June 20, 1990 Revised and Approved by Council: July 18, 2007 168   Cr e a t i n g  Co m m u n i t y  an d  Qu a l i t y  of  Li f e   Pa r k s  Ma k e  Li f e  Be t t e r     16 9   Cr e a t i n g  Co m m u n i t y  & Qu a l i t y  of  Li f e Pa r k s  Ma k e  Li f e  Be t t e r   17 0     Creating Community & Quality of Life  Parks Make Life Better    171