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HomeMy WebLinkAboutCITY COUNCIL SITE VISIT and AGENDA 2007 05-01~~ ;v :; s ,~., aw~~:~i , <<~ .~, ~;2~~ ~..... J "~%,S ~ T~, 11,.:5-5~: ROLL CALL CITY OF SARATOGA CITY COUNCIL SITE VISIT AGENDA TUESDAY, MAY 1, 2007 3:30 P.M. REPORT OF THE POSTING AGENDA 1. 20865 Wardell Road (366-57-001 & 002) ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on April 27, 2007 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available f r public review at that location. The agenda is also available on the City's website at ~~tvw.sar•att~_ ca.a . day of Apri12~07 at Saratoga, California. ~, CMC ,~, ~E(/„J. ~JF+J . ,. c .~",_ s:; ~` AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MAY 2, 2007 CLOSED SESSION - 5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER - 5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COiTNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Giberson v. City of Saratoga (real parties Byrd, Oak Creek Partners LLC and Maston) Santa Clara County Superior Court 106CV-072297. OPEN MEETING - 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint meeting with the Mountain Winery. 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 Apri127, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A~endized 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 Report from the Mountain Winery Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards c~ ' Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. Commendation Honoring Sacred Heart Catholic School's Team in the "Odyssey of Mind" World Competition Recommended action: Present commendation. 1B. Appointment of Planning Commission and Traffic Safety Commisison Members and Oath of Office Recommended action: Adopt resolution of appointment and administer Oath of Office. SPECIAL PRESENTATIONS 2A. Presentation -Angel Island Foundation Recommended action: Informational only. 2B. Valley Transportation Authority (VTA) Recommended action: Informational only. 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. 3A. City Council Minutes -March 21, 2007 Recommended action: Approve minutes. 3B. Check Register for April 17, 2007 Recommended action: Accept check register. 2 3C. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineers Report & Adoption of Resolution of Intention for FY 07-08 Recommended action: Adopt resolution granting preliminary approval of the Engineer's Report for FY 07-08; adopt Resolution of Intention. 3D. 2006 Pavement Management Program - Extension of Construction Contract to Railroad Crossing Work and Pedestrian Safety Work Recommended action: Authorize an increase to he change order authority for an existing construction contract with El Camino Paving, Inc. in the amount of $100,000. 3E. Adopt Resolution Increasing the Number of Members on Traffic Safety Commission from Five to Seven Members Recommended action: Adopt resolution. 3F. City of Saratoga Use Agreement with Los Gatos -Saratoga Joint Union High School District Recommended action: Accept report and authorize City Manager to execute the Agreement for Cooperative Program Planning and Use of Facilities with Los Gatos-Saratoga Joint Union High School District. PUBLIC HEARINGS 4. Appeal of Design Review Application No. 07-017, which was Approved by the Planning Commission Allowing Construction of a New Two-Story Single-Family Residence at 20865 Wardell Road Recommended action: Conduct public hearing and deny the appeal affirming the Planning Commission Design Review Approval issued on February 28, 2007. OLD BUSINESS None NEW BUSINESS 5. Consider Initiating Preparation of an Ordinance to Prohibit Blighted Property Conditions and Provide Direction Regarding Consultation Process Recommended action: Accept report and direct staff accordingly. 6. Direction Concerning Agreement with Global Signal Acquisitions IV LLC/Crown Castle Recommended action: Accept report and direct staff accordingly. 3 Guidelines and Standards for Land use Near Stream as recommended by the Santa Clara County Valley Water Resources Protection Collaborative Recommended action: Adopt resolution adopting the Guidelines and Standards for Land-Use Near Streams as recommended by the Santa Clara Valley Water Resources Protection Collaborative. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government Hakone Foundation West Valley Mayors and Managers Association City School AdHoc County HCD Policy Committee Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison Prospect Road AdHoc Councilmember Chuck Paee Chamber of Commerce Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) West Valley Sanitation District West Valley Solid Waste Joint Powers Association Village AdHoc Chamber of Conunerce AdHoc Councilmember Kathleen King County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Prospect Road AdHoc Councilmember Jill Hunter Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Santa Clara County Valley Water Commission Village AdHoc Chamber of Commerce AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURN TO COMMISSION INTERVIEW -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 9:00 p.m. Peggy Guichard Traffic Safety Commission ADJOURNMENT 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 tl:e meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on April 27, 2007, of 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 wwi~ ~. sar-atova. ca. us Signed this 27`'' day of April2007at Saratoga, California. Cathleen Boyer, CMC City Clerk 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us ~~` ,. ;_, 'ci.' 5/2 5/16 6/6 6/20 7/4 7/18 8/1 8/ 15 9/5 9/ 19 10/3 10/17 11 /7 11/21 12/5 12/19 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 Regular Meeting -Joint meeting with Mt. Winery Regular Meeting -Joint Meeting with Traffic Safety Commission Regular Meeting -Joint Meeting with Planning Commission Regular Meeting -Joint Meeting with Villa Montalvo Holiday -Meeting Cancelled Regular Meeting -Joint Meeting with Hakone Foundation Regular Meeting -Joint Meeting with Chamber of Commerce Summer Recess -Meeting Cancelled Regular Meeting -Joint Meeting with West Valley Board of Trustees Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting -Reorganization Regular Meeting 6 SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 ORIGINATING PREPARED BY: DEPT HEAD: SUBJECT: Commendation Honoring Sacred Heart Catholic School's Team in the "Odyssey of Mind" World Competition RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Sacred Heart School will be representing California at the World Finals Competition for Odyssey of the Mind. Odyssey of the Mind is a NASA sponsored competition based on both spontaneous and long term problem solving. 800 teams from all over the world will be participating in a four day event on May 23-27, 2007 in Michigan. Sacred Heart's team of 4`" and 5`" graders earned its place in world competition at the Odyssey California Stare Finals on March 31, 2007 in Visalia. The students performing at World finals will be Shannon Carte, Madison Miller, AnnaClaire Marley, Alexandra Murphy, Clay Kellinger, David Lucas, and Tyler Morales. 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: Posting of the agenda. AGENDA ITEM: is Manager's Office CITY MANAGER: / ~L-4=~--- ATTACHMENTS: Attachment A - Copy of commendation SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 ORIGINATING DE PREPARED BY: DEPT HEAD: 1~ ~~~_ SUBJECT: Appointment of Planning and Traffic Safety Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing one (2) member to the Planning Commission and one (2) members to the Traffic Safety Commission and direct the City Clerk to administer the Oath of Office. REPORT SUMMARY: Interviews were conducted on April 18, 2007 to fill two Planning Commission vacancies and two Traffic Safety Commission vacancies. The attached resolution reappoints Linda Rodgers and Susie Nagpal to the Planning Commission. The terms for these positions will expire on April 1, 2011. The resolution also reappoints Mitch Kane and Judy Coulter to the Traffic Safety Commission. The terms for these positions will expire on April 12, 2011. Upon direction from the City Council the Oath of Office will be administered by the City Clerk and signed by the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to Planning or Traffic Safety Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. AGENDA ITEM: Manager's9.ffice CITY MANAGER: ATTACHMENTS: Attachment A -Resolution of Appointment Attachment B -Oath of Office ., RESOLUTION 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE PLANNING COMMISSION AND TWO MEMBERS TO THE TRAFFIC SAFETY COMMISSION WHEREAS, two vacancies were created on the Planning Commission resulting from the expired terms of Susie Nagpal and Linda Rodgers; and WHEREAS, two vacancies were created on the Traffic Safety Commission resulting from expired terms of Mitch Kane and Peggy Guichard; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill four vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made: PLANNING COMAIISISON SUSIE NAGPAL -APRIL 1, 2011 LINDA RODGERS -APRIL 1, 2011 TRAFFIC SAFETY COMMISSION MITCH KANE -APRIL 1, 2011 JUDY COULTER -APRIL 1, 2007 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 2"d day of May 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Susie Nagpal, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all'enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Susie Nagpal, Member Planning Commission Subscribed and sworn to before me on This 2"d day of May 2007. Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Linda Rodgers, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and. domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Linda Rodgers, Member Planning Commission Subscribed and sworn to before me on This 2"d day of May 2007. Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Mitch Kane, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Mitch Kane, Member Traffic Safety Commission Subscribed and sworn to before me on This 2"d day of May 2007. Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Judy Coulter, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Judy Coulter, Member Traffic Safety Commission Subscribed and sworn to before me on This 2nd day of May 2007. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 AGENDA ITEM: ORIGINATING DEP~;~aS~ager' Office CITY MANAGER: d/~~- PREPARED BY: Cath~ n Bo er, City Clerk DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -March 21, 2007 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: N/A ATTACHMENTS: Attachment A -Minutes March 21, 2007 MINUTES , SARATOGA CITY COUNCIL MARCH 21, 2007 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Barbra Powell, Assistant City Manager, Monica LaBossiere, and Human Resource Manager. Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO ' Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Barbara Powell, Assistant City Manager Employee organization: Millman & Industrial Carpenters Local 262. Conference With Legal Counsel -Initiation of Litigation Gov't Code section 54956.9(c): (2 potential cases). The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:30 p.m. to discuss City Council ListServe participation. MAYOR'S REPORT ON CLOSED SESSION Mayor Kao stated that there was no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith Mayor Aileen Kao, ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Interim Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 21 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 21, 2007, was properly posted on March 16, 2007. ORAL COMMUNICATIONS , The following people requested to speak: Cynthia Chang noted that she was representing the Los Gatos-Saratoga Joint Union High School District. Mrs. Chang read a letter from the Board indicating that the noon time swim program sponsored by DACA would no longer be available at the Saratoga High School campus. Robert Zager noted that he supported the Board's decision. Rick Waltonsmith provided three proposals in an effort to keep the noon time swim program at Saratoga High School. Citizen Ray provided an update on the Highway Safety Improvement Project. COUNCIL DIRECTION TO STAFF In regards to the swim program at Saratoga High School, Vice Mayor Waltonsmith requested that this item be agendized fore discussion. Mayor Kao noted that she would support Vice Mayor Waltonsmith's request. ANNOUNCEMENTS Barbara Powell, Assistant City Manager introduced Michael Taylor, the City's new Interim Recreation Director. Vice Mayor Waltonsmith announced two free E-Waste events. The first sponsored by Apple on Apri121, 2007. The second is on Apri128, 2007 sponsored by the West Valley Clean Water Program. Councilmember Hunter announced that on March 24`h at 10:00 a.m. there would be a Heritage Tree Walk at Madronia Cemetery. Councilmember Page noted that if anyone had any problems or questions regarding WVC&R to please contact City staff. CEREMONIAL ITEMS lA. APPOINTMENT OF LIBRARY COMMISSION AND PLAI~'NING COMMISSION MEMBERS AND OATH OF OFFICE STAFF RECOMMENDATION: Adopt resolution of appointment and administer Oath of Office. RESOLUTION: 07-014 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION APPOINTING ONE MEMBER TO THE LIBRARY COMMISSION AND ONE MEMBER TO THE PLANNING COMMISSION. MOTION PASSED 5-0. City Council Minutes 2 March 21, 2007 IB. COMMENDATION HONORING THE WORLD JOURNAL STAFF RECOMMENDATION: Present commendation. Mayor Kao read the commendation and presented it to a representative from the World Journal. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CHECK REGISTER FOR FEBRUARY 6, 2007 STAFF RECOMMENDATION: Accept check register WALTONSMITH/PAGE MOVED TO ACCEPT CHECK REGISTER FROM FEBRUARY 6 2007. MOTION PASSED 5-0. 2B. TREASURER'S REPORT FOR THE MONTH ENDED JANUARY 2007 STAFF RECOMMENDATION: Accept report. WALTONSMITHIPAGE MOVED TO ACCEPT TREASURER'S REPORT FOR THE MONTH ENDED JANUARY 2007. MOTION PASSES 5-0. 2C. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 07-013 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS. MOTION PASSED 5-0. 2D. APPROVAL OF EXTENDING EXPIRED TWO PLANNING COMMISSIONERS AND TWO TRAFFIC SAFETY COMMISSIONERS TERMS TO MAY 1, 2007 STAFF RECOMMENDATION: Approve term extensions. City Council Minutes 3 March 21, 2007 WALTONSMITH/PAGE MOVE TO APPROVE EXTENDING EXPIRED TERMS OF TWO PLANNING COMMISSIONERS AND TWO TRAFFIC SAFETY COMMISSIONERS TERMS TO MAY I~, 2007. MOTION PASSED 5-0. 2E. AGREEMENT FOR MAINTENANCE OF HERITAGE ORCHARD STAFF RECOMMENDATION: Accept report approving the agreement with Matthew Novakovich for maintenance of the City's Heritage Orchard. Vice Mayor Waltonsmith requested hat this item be removed from the Consent Calendar. Council discussion in regards to making the Orchard more "people friendly" and discussed additional events, educational programs, and projects that would like to do in the Heritage Orchard. KING/PAGE MOVED TO APPROVE THE AMENDED AGREEMENT WITH MATTHEW NOVAKOVICH FOR MAINTENANCE OF THE CITY'S HERITAGE ORCHARD. MOTION PASSED 5-0. 2F. HAKONE GARDENS ADA FACILITIES UPGRADE PROJECT -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. WALTONSMITH/PAGE MOVED TO ACCEPT NOTICE OF COMPLETION FOR THE HAKONE GARDENS ADA FACILITIES UPGRADE PROJECT. MOTION PASSED 5-0. 2G. QUITO ROAD BRIDGE REPLACEMENTS NEW COOPERATIVE AGREEMENT STAFF RECOMMENDATION: Authorize the City Manager to execute a new cooperative agreement with the Town of Los Gatos and the Santa Clara Water District for the Quito Road Bridge Replacements. Staff requested that this item be removed from the agenda and continued at a later date. Consensus of the City Council to continue this item to the next meeting. City Council Minutes 4 March 21, 2007 2H. SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PHASE 2 PROJECT (FEDERAL PROJECT STPL-5332-088) -FEDERAL FY 06-07 STP GRANT- EXTEND EXISTING CONTRACT WITH TOP GRADE CONSTRUCTION, INC STAFF RECOMMENDATION: Move to extend the existing Contract with Top Grade Construction, Inc to complete Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project in the amount of $570,000; Move to authorize additional work in the amount of $40,000; Adopt Budget Resolution. WALTONSMITH/PAGE MOVE TO EXTEND THE EXISTING CONTRACT WITH TOP GRADE CONSTRUCTION, INC TO COMPLETE SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PHASE 2 PROJECT IN THE AMOUNT OF $570 000; MOVE TO _ AUTHORIZE ADDITIONAL WORK IN THE AMOUNT OF $40,000; ADOPT BUDGET RESOLUTION. MOTION PASSED 5-0. PUBLIC HEARINGS 3. FY 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) STAFF RECOMMENDATION: Conduct public hearing; adopt resolution authoring staff to submit funding allocations to the Santa C1ara.County for CDBG proposals totaling $138,090. RESOLUTION: 07-015 Susanne Thomas, Associate Planner, presented staff report. Mayor Kao opened the public hearing and invited public comments. The following people requested to speak on this item: Kim Forum noted that she represented the Cupertino Community Services. Ms. Forum requested that the Council support their request for FY 07-8 CDBG funding. Barbara Powell noted that she represented SASCC. Ms. Powell noted that the Adult Care Program provides a vital service to the community. Ms. Powell requested that the Council support SASCC requests for FY 07-08 CDBG funding. Mayor Kao closed the public hearing. City Council discussion regarding the distribution of funds. PAGE/WALTONSMITH MOVED TO ADOPT AMENDED RESOLUTIONS AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2007/2008. MOTION PASSED 5-0. Ciry Council Minutes 5 March 21, 2007 OLD BUSINESS None NEW BUSINESS 4. AUTHORIZATION TO ISSUE REQUEST FOR CONCEPTUAL PROPOSALS (RFCP) -NORTH CAMPUS STAFF RECOMMENDATION: Accept report and authorize issuance of RFCP for the North Campus. Barbara Powell, Assistant City Manager, presented staff report. The following person requested to speak on this item: Alan Beck noted that he wanted to revitalize the North Campus. Mr. Beck stated that he submitted his first proposal to the City in November 2006. Mr. Beck stated that he may have to look for an alternative site for his school because the City's process is taking too long. WALTONSMITH/HUNTER MOVED TO AUTHORIZE ISSUANCE OF RFCP FOR THE NORTH CAMPUS ALLOWING THE REMOVAL OR REPLACEMENT OF THE EDUCATION BUILDING AND SANCTUARY AND INDICATE IN THE RFCP THAT THE ADMINISTRATION BUILDING AND THE FELLOWSHIP HALL MUST BE RETAINED. MOTION PASSED 3-2 WITH KING AND PAGE OPPOSING. Councilmember Page noted for the record he feels that it is a shame that the RFCP will not include the removal or replacement of the Administration and Fellowship Hall. Councilmember Page noted that it will limit ideas. Councilmember King noted that she supported Councilmember Page's comments. 5. FISCAL YEAR 2006-2007 MID-YEAR OPERATING AND CAPITAL BUDGET REPORT STAFF RECOMMENDATION: Review proposed budget adjustments, and adopt resolution approving the amendments to the City's FY 2006/07 operating and capital budgets. RESOLUTION: 07-016 Mary Furey, Administrative Services Director, presented staff report. Consensus of the City Council to pull the funding for Kevin Moran Park out of the motion and vote on it separately. City Council Minutes 6 March 21, 2007 WALTONSMITH/KING MOVED TO ADOPT RESOLUTION APPROVING THE AMENDMENTS TO THE CITY'S FY 2006107 OPERATING AND CAPITAL BUllGETS WITHOUT THE FUNDING FOR THE KEVIN MORAN PARK IMPROVEMENT PROJECT. MOTION PASSED 5-0. WALTONSMITH/KING MOVED TO APPROVE $1.1 MILLION DOLLARS TOWARDS THE KEVIN MORAN PARK IMPROVEMENT PROJECT. MOTION PASSED 4-1 WITH HUNTER OPPOSING. 6. PROPOSED MASTER FEE SCHEDULE UPDATE FOR FY 2007/2008 STAFF RECOMMENDATION: Review staff's recommendations for purposed changes to the FY 2007/2008 Master Fee Schedule and provide direction to staff on purposed fee changes. Mary Furey, Administrative Services Director, presented staff report. Mayor Kao thanked Director Furey for the report. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao had no reportable infornation. Vice Mayor Waltonsmith had no reportable information. Councilmember Page had no reportable information. Councilmember King reported the following information: Peninsula Division, League of California Cities -recently attended the annual dinner. Councilmember King noted that the City Manager of Palo Alto, Frank Benest, gave an interesting presentation on retaining employees. Prospect Road AdHoc -reiterated the fact that the City of San Jose stated that they have no finding for this project. Councilmember Hunter reported that following information: Historic Foundation -presentation on the Village's history. CITY COUNCIL ITEMS Councilmember King noted that in light of the recent accidents, she would like to City Council discussion on the crosswalk on Herriman and Lexington. Councilmember Page suggested that this item be referred to the Traffic Safety Commission's next agenda. Councilmember King supported Councilmember Page's suggestion. Vice Mayor Waltonsmith requested an update on the pocket park by Jake's Pizza. City Council Minutes 7 March 21, 2007 OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 10:00 p.m. and noted that Council would continue the Closed Session in the Administrative Conference Room. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes $ March 21, 2007 w SARATOGA CITY COUNCIL TIN'G I E: May 1, 2007 AGENDA ITEM: ORIGINATING DEP"1': Administrative Services PREPARED ~ ~~ Karen Caselli SUBJECT: Check Register for 4/17/2007 RECOMMENDED ACTION: CITY MANAGER: 3i~ ~~~ FINANCE & ADMIN. f SERVICES DIRECTOR ~~li''~Y';n;4 Mary Furey That the City Council accepts the Check Register for 4/17/2007 REPORT SUMMARY: Attached is the Check Register for 4/17/07. The checks were released on 4/18/07. rior Clleck Register for 4/3/07 ended with check number 104697. Payroll checks were released on 4/12/07. Starting Ending Total l'ype of Checks Date Check # Check # Checks Amount Accounts Payable 04/17/07 104698 104799 102 $772,704.94 Payroll 04/]2/07 32251 32279 29 $133,363.27 TOTAL $906,068.21 fhe following is a list of checks issued for more than $10,000.00 and a brief description of the expenditure: Check # Issued to Fund Dept Purpose Amount 104718 Cim Air, Inc CIP Public Works HVAC Units $ 17,171.00 104722 Comp Shared Risk Pool Various Various Worker's Comp $ 39,540.62 104724 County of Santa Clara General Polica/Public Safety Sheriff Contract -April $283,296.46 104727 CRW Assoicates Special Community Dev. Trakit Software $ 60,500.00 104738 Gachina Landscape Mgt. Various Various Landscape Services -Mar. $ 10,179.87 104740 G. Bianchi Construction Various Various Concrete Repair $160,142.09 104768 Pacific Gas & Electric Various Various Electric & Gas $ 12,679.09 104774 Radian Communication Svc. General Emergency Prep. Recreation $ 19,37].53 104779 Saratoga Community Access General Outside Agency Support, CC/PC Mtg. $ 27,000.00 104782 Shute, Mihaly & Weinberg Various Various Legal Services -Feb. $ 21,896.67 ,~ 04794. West Valley Sanitation Special Public Works Storm Drain Cing/Inspec. $ 16,723.15 'he following is a list of checks that were voided/manually issued:. Check # Issued to Amount Purpose 104698 Protege Marketing. $2,497.74 Emergency Preparedness Supplies the following is a list of cash reduction by Fund: Fund # Fund Description A/P Total PK Total Total 001 General 415,425.21 35,250.17 450,675.38 150 Streets & Roads 44,050.37 16,489.47 60,539.84 202 Perdericksburg Landscape 0.00 203 Greenbriar Landscape 430.00 430.00 204 Quito Lighting 1,209.85 1,209.85 205 Azule Lighting 604.94 604.94 206 Sarahills Lighting 288.51 288.51 207 Village Lighting 2,351.49 2,351.49 209 McCartysville Landscape 230.44 230.44 210 Tricia Woods Landscape 82.72 82.72 21 1 Arroyo de Saratoga Landscape 85.00 85.00 212 Leutar Court Landscape 85.00 85.00 215 Bonnet Way Landscape 284.61 284.61 216. Be~auchamps Landscape. 124.10 124.]0 217 Sunland Park Landscape 340.00 340.00 222 Prides Crossing Landscape 483.47 483.47 224 Village Commercial Landscape 1,250.00 1,250.00 225 Saratoga Legends Landscape 0.00 226 Bellgrove Landscape 2,879.87 2,879.87 227 Cunningham/Glasgow Landscape 145.00 145.00 228 Kerwin Ranch Landscape 340.00 340.00 229 Tollgate. LLD 258.54 258.54 231 Horseshoe Landscape/Lighting 327.72 327.72 232 Gateway Landscape 245.00 245.00 250 Development Services 68,793.29 53,004.08 121,797.37 260 Environmental Program SRF 20,027.55 5,438.94 25,466.49 270 CDBG -Federal Grants 0.00 290 Recreation 4,850.91 18,084.86 22,935.77 291 Teen Services 7.09 5,095.75 5,102.84 310 Park Dev Cap Proj Fund 980.00 320 Park Dev Capital Project 0.00 3 52 1 nfrastructure 0.00 400 Library Bond Debt Service 0.00 420 Leonard Road 298.54 298.54 50] Equipment Replacement 1SF 0.00 502. Information Technology 0.00 503 Facility Improvement 2,418.56 2,418.56 604 Planning Deposit Pre 2006 7,012.34 7,012.34 605 Planning Deposit FY 2006 418.50 418.50 701 Traffic Safety 0.00 702 Highway 9 Safety 0.00 706 Sidewalk Annual Project 90,634.00 90,634.00 707 Aloha Street Safety Lnprovement 0.00 716 1-lighway 9/Oak Pedestrain 58,869.32 58,869.32 .,~ 727 EI Quito Area Curb Replacement 4,613.71 728 Book Go Round Drainage 897.20 897.20 731 Storm Drain Upgrades 0.00 732 Median Landscape/]rrigation 0.00 734 Civic Center Landscape 1,207.10 1,207.10 735 Village Lights (Zone 7A) 778.00 778.00 738 Cox Ave Railroad Crossing 0.00 741 Blaney Plaza Improvements 0.00 743 Blaney Plaza Improvements/Construction 4,484.00 4,484.00 744 Village Sidewalk, Curb/Gutter 0.00 746 Saratoga-Sunnyvale Gateway 7,099.00 7,099.00 755 Warner Hutton House Improvement 0.00 758 Civic Center - CDD Offices 0.00 762 North Campus/19848 Prospect 17,171.00 17,171.00 790 UPRR/De Anza Trail 6,559.99 6,559.99 791 Kevin Moran 2,578.00 2,578.00 792 Alternative Soccer Field 1,485.00 1,485.00 793 Parks/Trails Repair 0.00 TOTAL 772,704.94 133,363.27 906,068.21 ALTERNATIVE ACTION: ~/A HOLLOW UP ACTION: y1fA AllVERTISING, NOTICING AND NUI3LIC CONTACT: ~/A ATTACHMENTS: heck Register in the Expenditure Approval List format. r zz w F 2 N O H H ' aF U aw as >w o W a wW ~~ ww a F w W S r r N G O O q O O Z H ry O N Ww \ N\ ao o zz \m kf1 m rr.. 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C~ ~ ~--« Jo n Cherbone John Cherbone SUBJECT: Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 07-08 RECOMMENDED ACTION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 07- 08. 2. Move to adopt the Resolution of Intention. REPORT SUMMARY: Attached are the next two Reso]utions to continue the process for renewing the Landscaping and Lighting Assessment District LLA-1 for FY 07-08. Briefly, the two Resolutions are: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 2007-2008 - This is the Resolution required under the State Streets & Highways Code (S&H) section 22623 which grants preliminary approval of the Engineer's Report for the renewal of the District for FY 07-08. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 2007-2008 - This is the Resolution required under S&H 22624 which, among other things, fixes the date and time for the Public Hearing on June 1st. Last year the Engineer's report records were reconciled with the City's accounting system and any deficits due to unanticipated repairs were backfilled. In FY 07-08 expenditures in some Zones have been reduced to match anticipated revenues. There are no increases in the parcel assessments, which would require an assessment district election for any of the Zones within the District in FY 07-0 8. The Engineer's Report is attached summarizing the proposed assessments for FY 07-08. These Resolutions should be adopted by separate vote at your meeting to continue the process of renewing the District for another year in the time frame called for in the Budget Preparation Ca]endar. FISCAL IMPACTS: A]] of the costs associated with the District are recovered via the assessments. CONSEQUENCES OF NOT FOLLO~~'ING RECOA'1MENDED ACTION(S): The Resolutions would not be adopted and the process for renewing the District would not continue. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The Resolution of Intention will be published. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. After your meeting, the Resolution of Intention will be published. ATTACNAIENTS: 1. Resolutions (2). 2. Engineer's Report RESOLUTION NO. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2007-2008 RESOLVED, by the City Council of the City of Saratoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 1st day of February, 2006, said Counci] did adopt its Resolution No. 07-012, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2007-2008", for the City of Saratoga Landscaping and Lighting District LLA-1, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 07-012 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 07-012 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. i 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 07-012. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 2nd day of May, 2007 by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk Aileen Kao, Mayor City of Saratoga 2 RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2007-2008 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 07-012, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2007-2008", for City of Saratoga Landscaping and Lighting District LLA-1, adopted on March 7, 2007, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 07-012, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2007-2008 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district i and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 6th day of June, 2007, at the hour of 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and al] written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and maybe contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 868-1241. ***** Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 2nd day of April, 2007, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Attest: Cathleen Boyer, City Clerk Aileen Kao, Mayor City of Saratoga z Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of al] or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, imgation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. SARATOGA CITY COUNCIL MEETING DATE: May 2nd, 2007 ORIGINATING DEPT: P is Works PREPARED BY: ~ Mor Kessler, Asst. Engineer AGENDA ITEM: ~~ CITY MANAGER: 5~ ~L~G-- DEPT HEAD: ~i~ John Cher ne, Public Works Director SUBJECT: 2006 Pavement Management Program -Extension of Construction Contract to Perform Railroad Crossing Work and Pedestrian Safety Work. RECOMMENDED ACTION: Authorize an increase to the change order authority for an existing construction contract with El Camino Paving, Inc. in the amount of $100,000; REPORT SUMMARY: In October of last year, a contract was awarded to El Camino Paving, Inc. by the Saratoga City Council for the 2006 Pavement Management Program. This contract is generally put out to bid every year, and includes furnishing all materials, equipment, and labor to provide asphalt roadway paving and overlays at various locations throughout the City. Two important paving projects have arisen since the time that the original contract was awarded, and it would be advantageous both cost and schedule-wise to extend El Camino's existing contract to included this work. The first project involves the conform paving that will need to be done soon following UPRR's rail crossing upgrades. All five Saratoga crossings will need varying degrees of paving work to provide transition between the concrete crossing panels and the rest of the roadway. This work will cost on the order of $80,000. The second project will provide an asphalt walkway along Marilyn Lane between Marshall Lane and Ravenwood Drive. This new pathway will provide pedestrian facilities for children and their parents walking to and from Marshall Lane School, and will be very similar in construction to the existing pathway on Marshall Lane. The cost of this work will be on the order of $20,000. The Traffic Safety Commission approved this safety pathway at their 11/09/06 meeting. To proceed with these projects in the most cost-effective and timely fashion, it is recommended that Council approve an increase to the change order authority with El Camino Paving, Inc. for additional scope of work in the amount of $100,000. FISCAL IMPACTS: Funding for this project is covered in the current Traffic Safety Capital Project, Pavement , Management Program, and funds appropriated by City Council for work associated with upgrades to the UPRR railroad crossings. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The change order for additional work would not be approved, and the work would no be performed at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The existing contract will be amended, and the additional work will be scheduled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. ~I SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 AGENDA ITEM: i ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~G-~""--"-" PREPARED BY: DEPT HEAD: SUBJECT: Resolution Amending Resolution OS-032 concerning Structure of the Traffic Safety Commission RECOMMENDED ACTION: Adopt resolution amending Resolution OS-032 to increase the number of members on the Traffic Safety Commission (TSC). , REPORT SUMMARY: On May 18, 2005 the City Council adopted Resolution OS-032 (Attachment A). This resolution changed the structure of certain City Commissions and suspended others. Resolution OS-032 was unanimously adopted by Council due to severe budget limitations and reduction in staff. On January 17, 2007 City Council adopted Resolution 07-004 (Attachment B) which amended the meeting schedule of the TSC from quarterly to every other month. At the April 24`" commission interview meeting Council directed staff to draft a resolution that would increase the number of members on the TSC from five to seven. Upon adoption of the attached resolution staff will advertise for the additional vacancies for the TSC. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No change would be made to the number of members on the Traffic Safety Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Resolution 05-032 Attaclunent B -Resolution 07-004 Attachment C -Draft resolution .,. RESOLUTION NO. OS-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REGARDING THE STRUCTURE AND OPERATION OF CITY COMMISSIONS WHEREAS, the City of Saratoga has a strong tradition of community participation in City administration; and WHEREAS, Commissioners and volunteers assist the City in administration of many programs and provide valuable policy recommendations to the City Council; and WHEREAS, severe budgetary limitations arising from the State legislature's reallocation of property tax and other revenue sources away from local governments have required significant reductions in City staff and programs; and WHEREAS, reductions in staff interfere with the City's ability to effectively support the work of City Commissions and reductions in programs reduce the need for Commission policy guidance; and WHEREAS, the City is working with other local govemments and state officials to increase the City's share of local property tax and other revenue sources to restore important City programs and staffing levels and expects that when this occurs there will be an increased need for Commission policy advice; and WHEREAS, in light of these circumstances it is prudent to reduce the obligations of the Commissions corrvnensurate with the reductions in City staff and programs and to retain a Commission structure that will readily allow restoration of Commission activities to their prior levels as increased funding becomes available. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: 1. The Arts Commission shall suspend all operations and not have any meetings until at July 1, 2006. In light of this suspension, the term of each member of the Arts Commission shall be extended by one year and that year shall not be considered in determining the length of a term for the purposes of determining compliance with the Commissioner term limits established in the City Code. 2. The Finance Commission shall meet once each year and at such other times as the City Council or City Manager (or his designee) deems necessary. The mission of the Finance Commission shall be to respond to specific requests for advice from the City Council and City Manager (or his designee) with respect to financial matters, the use of fiscal resources, and the development of technology for the City. The Finance Commission is currently defined as consisting of seven members; effective June 1, 2005 the Finance Commission shall consist of five members. 3. The Library Commission shall meet once each quarter. The Library Commission is currently defined as consisting of seven members; effective November 1, 2005 the Library Commission shall consist of five members. 4. The Parks and Recreation Commission shall suspend all operations and not have any meetings until September 1, 2006. In light of this suspension, the term of each member of the Parks and Recreation Commission shall be extended by one year and that year shall ,not be considered in determining the length of a term for the proposes of determining compliance with the Commissioner term limits established in the City Code. 5. The Public Safety Commission shall be renamed as the Traffic Safety Commission. The exclusive mission of the Traffic Safety Commission shall be to investigate, review and analyze issues, and make recommendations to the City Council and City staff regarding traffic safety. The Commission shall work to increase awareness of, and attention to, the traffic safety needs of the community by improving communications and involvement between the community, and the City government on services, needs and programs. The Traffic Safety Commission is currently defined as consisting of seven members; effective June 1, 2005 the Traffic Safety Commission shall consist of five members. 6. There is hereby established the Saratoga Pedestrian, Bicycle, and Equestrian Trails Advisory Committee. The number of Committee members and their terms shall be determined by the Public Works Director. Committee members shall be appointed by the Public Works Director. The Pedestrian, Bicycle, and Equestrian Trails Advisory Committee shall advise the Public Works Director with respect to the planning, acquisition, development, and maintenance of trails in Saratoga. 7. All City Commissions except the Planning Commission shall plan their agendas in a manner designed to limit the expected duration of Commission meetings to two hours or less. Agendas, staff reports, and other materials shall be distributed electronically except in those cases where it is not practical to do so and where distribution of physical copies is required by law. g. The provisions of this resolution shall supersede any provisions of any prior resolution that are in conflict with this resolution This resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 18`h day of May, 2005 by the following vote: AYES: Councilmembers Aileen Kao, Nick Streit, Amy Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None ~~~~ Kathleen M. King, Mayor RESOLUTION NO. 07-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORI7ING THE TRAFFIC SAFETY COMMISSION TO AMEND ITS MEETING SCHEDULE FROM QUARTERLY TO EVERY OTHER MONTH WHEREAS, the Traffic Safety Commissions mission is to investigate, review and analyze issues and make recommendations to the City Council and City staff regarding traffic safety; and WHEREAS, the Traffic Safety Commission shall work to increase awareness of, and attention to, the traffic safety needs of the Community and the City on services, needs and programs; and WHEREAS, the Traffic Safety Commission will increase its meeting frequency from quarterly to every other month: and WHEREAS, all other aspects of Resolution OS-032 and Resolution 06-020 shall continue until otherwise directed by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby amends tJ~e Saratoga Traffic Safety Commission's meeting schedule. PASSED AND ADOPTED by the Saratoga City Council, State of California, the 17h day of January, 2007 by the following roll call vote: AYES: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao NOES: None ABSENT: None ABSTAIN: None Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER]• 1 /1 - uv nllaren~ PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor, Director SUBJECT: City of Saratoga Use Agreement with Los Gatos -Saratoga Joint Union High School District RECOMMENDED ACTION(S): Accept report and authorize City Manager to execute the Agreement for Cooperative Program Planning and Use of Facilities with Los Gatos-Saratoga Joint Union High School District. REPORT SUMMARY: Since 1988, the City of Saratoga has helped fund facility improvements at Saratoga High School. In the late 1980's the City contributed $16,000 to help refurbish the 8 tennis courts at the high school. The City formalized a use agreement in 1996 when they contributed $10,000 towards the new track. In 1998 and 1999, the City contributed an additional $14,000 to help fund other projects. In exchange for the contribution, the City was able to use space at Saratoga High School for classes, league play and camps. Over the years the Recreation Department has used the gymnasium, tennis courts, outdoor basketball courts, fields and classrooms. When the use agreement was formalized, room/field rental rates were agreed upon, and when the Recreation Department uses space, the balance from the City's contribution is billed down. When Saratoga High School began their new Aquatic Center project in 2000, they requested and received $150,000 towards the $1.5 million cost of the project. At that time, the City entered into a new five-year agreement with the high school district. The agreement expired in April 2005; and the agreement was renewed on a one-year basis at the request of the school. That agreement expired and is now being proposed for renewal. The balance in the City's account for use at Saratoga High School as of 05/31/2007 is $80,564. The City School Ad-Hoc Committee of Mayor Kao and Councilmember King and staff met with representatives of the School and the District on April 4s' and Apri124a' to negotiate the terms of the agreement. After some discussion aver renewing the agreement with amendments, it was agreed to simply incorporate the changes into a new agreement and extend the term. The City Attorney has reviewed the revised agreement. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Recreation Department would not. be allowed- to use Saratoga High School facilities for programs. ALTERNATIVE ACTION: Nof applicable. FOLLOW UP ACTION: The City Manager will sign and execute the agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with. the Brown Act ATTACHMENTS: A. City of Saratoga Use Agreement with Los Gatos-Saratoga Joint Union High School District a. Los Gatos-Saratoga. Joint Union High School District Fee Schedule for Use of District Facilities 2of7 AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND LJSE OF FACILITIES This agreement entered on May 15, 2007 between the City of Sazatoga, hereinafter referred to as "the City", and Los Gatos-Saratoga Joint Union High School District, hereinafter referred to as `the District": is to formally acknowledge the agreement between the City and the District for facility utilization for the purpose of enhancing recreational opportunities for community residents. In consideration of the mutual benefits derived therefrom, the parties agree as follows: 1. Term: The term of this agreement is for five years, July 1, 2006 to June 30, 2011 and the option to renew the Agreement shall be reviewed prior to May 1, 2011. 2. Puraose: The purpose of this agreement is to enhance opportunities for community residents to participate in programs, recreational activities and to increase facility availability for community recreation programs. An outgrowth of these efforts will be a cooperative arrangement for maintenance of school facilities. 3. Scope: Program planning will focus on needs of the City of Saratoga Recreation Department for space to provide programs. The District agrees to continue to work with local organized youth sport leagues to provide practice and game fields when available. The District and the City will work together to develop aquatic programs that serve the entire Sazatoga community. 4. Process: School courses, activities, school endorsed athletic programs and community programs devoted to youth presently using the Saratoga High School facility will continue to have priority in facility scheduling processes. Use of the facilities by the City will be coordinated in such a manner as not to interfere or conflict with District activities. The School Principal and the City Recreation Director or designees shall be the contact persons for the coordinated program planning process. Written requests for facility use by the School will be coordinated with a 4-month timeline for schedule publication of each entity. 5. Leal Resuonsibility/Insurance: "The City assumes responsibility for injury or damage, which occurs as a proximate cause of its use of Los Gatos-Saratoga Joint Union High School District facilities and agrees to name the District as additional insured in the City's comprehensive general liability insurance policy. The City hereby agrees to, and shall, hold District, its elective and appointed Board, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any negligent or wrongful act or omission of the City in the exercise of its use of the Los Gatos-Saratoga Joint Union High School District facilities. 3 of 7 The District assumes responsibility for injury or damage, which occurs as a proximate cause of its maintenance of Los Gatos-Sazatoga Joint Union High School District facilities and agrees to name the City as an additional insured in the District's comprehensive general liability insurance policy. District hereby agrees to, and shall hold the City, its elective and appointed Council, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any negligent or wrongful act or omission of District in the exercise of its maintenance of the Los Gatos-Saratoga Joint Union High School District facilities. 6. Facility Use and 1Vlaintenance: All facility use will be consistent with the provisions in Board Policy/Administrative Regulation 7040, Use of Facilities. District shall have first priority for any use of facilities as per Boazd Policy 7040. City of Saratoga Recreation Department sponsored programs will have second priority and community youth leagues will have third. It is not the intention of the City to take over any pre- existing time slot or facility currently being used by community youth leagues. This Agreement applies to use of the facilities for the tennis courts, both gyms (small and lazge gyms), upper field, basketball court, and classrooms. Compensation for use of District facilities will be paid by the City at rates consistent with the District's Fee Schedule for Use of District Facilities, including custodian, restroom and permit fees (attached). Rates may be adjusted annually, to reflect changes in the December to December Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners rounded to the nearest $1.00 increment, provided that the rate increase in any yeaz shall not exceed five percent (5%). The City has contributed a sum of $150,000 toward the swimming pool fund. The above compensation charged to the City shall continue to be deducted from the aforementioned swimming pool fund financial contribution made by the City. Only after the swimming pool fund contribution has been totally drawn down will the City be obligated to pay such charges directly. The current balance as of Mazch 31, 2007 is $80,564. 7. Billing: The District agrees to provide clean and safe facilities prior to usage by the City. In addition to the above referenced charges, the City shall pay the District for any extra-ordinary expenses reasonably relating to the City's use of the facility, including but not limited to additional District expenses to cover custodial, administrative, or supply expenses which the District must expend as a result of the City's use of the facility. 8. Termination Provisions: This agreement may be terminated by either party at any time upon 30 days notice to the other party. Should either party decide not to continue this Agreement before the City's swimming pool contribution has been drawn down, the District shall deduct from the fund any fees owed to the District by the City pursuant to section 6 and the remainder of the pool fund shall be returned to the City within 30 days of the notice of termination. If the agreement is terminated after the City's swimming pool contribution has been drawn down, the City shall pay any fees owed to the District pursuant to section 6 within 30 days of the notice of termination. 4 of 7 9. Amendments: No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Los Gatos-Saratoga High School District By: BY: Dave Anderson, City Manager Date: Robert Peterson, Assistant SuperintendentlCBO Date: Attest: Cathleen Boyer, City Clerk Date: Approved as to Form: Richard Taylor, City Attorney Date: Approved as to Budget Authority & Insurance: Mary Furey, Administrative Services Director Date: 5 of 7 LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT FEE SCHEDULE FOR USE OF DISTRICT FACILITIES FACILITY FAIR RENTAL VALUE DAMAGE RATE TO NON-PROFIT ORGANIZATIONS COMMERCIAL RATEPER DEPOSIT PER HOUR HOUR LOS GATOS HS / SARATOGA HS Buildings Classroom $75.00 $20.00 $40.00 Boys' Locker Rm. $150.00 $30.00 $60.00 Girls' Locker Rm. $150.00 $20.00 $40.00 Small Gym $100.00 $20.00 $40.00 Large Gym $150.00 $30.00 $50.00 Auditorium /Theater" $450.00 $25.00 - $100.00' $25.00-$100.00* Cafeteria (no Kitchen) $75.00 $30.00 $60.00 Dance Studio $75.00 $30.00 $60.00 Music (SHS) $75.00 $30.00 $60.00 Kitchen $150.00 $40.00 $80.00 Weight Room $150.00 $60.00 $120.00 Theatre (Small) $75.00 $30.00 $60.00 Staff Lunch Room (SHS) $75.00 $30.00 $60.00 Restroom Fee $150.00 $20.00 $40.00 Grounds Football Field $350.00 $75.00 $150.00 Baseball /Softball Field $150.00 $75.00 $150.00 Soccer $150.00 $75.00 $150.00 Lower Field (LGHS) $75.00 $75.00 $150.00 $40.00 / $5.00 Tennis Courts $150.00 Court $80.00 /$10.00 Court Track $350.00 $75.00 $150.00 Volleyball Courts $100.00 $50.00 $100.00 Front Lawn (LGHS) $250.00 $75.00 $150.00 Pool $200.00 $35/hr - $270/day $31.25/Ftr - $250/day Artificial Turf (SHS) $500.00 $75.00 $150.00 Other Fields $150.00 $75.00 $150.00 DISTRICT OFFICE Classroom $75.00 $20.00 $40.00 Conference Room $75.00 $20.00 $40.00 ADDITIONAL FEES MAY APPLY: Custodial Fee: Set up, open/close ($40.00 /hour) Gafeteria Worker: Supervise ($38.001 hour) Application Fee per request form $40 'See attached schedule. COMPLETED FACILITY USE APPLICATION IS REQUIRED FOR ALL USE OF DISTRICT FACILITIES .::. 4/19/05 BC.F.FUP.NFS0305 7of7 SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 ORIGINATING DEPT: Community Development AGENDA ITEM: CITY MANAGER: ~~ ve ~derso PREPARED BY: .~~~~..~ DEPT HEAD: Therese M. Schmidt, AICP Assoc. Planner John Li ' bstone,AICP SUBJECT: Appeal of Design Review Application No. 07-017, which was approved by the Planning Commission allowing construction of a new two-story single-family residence at 20865 Wardell Road. APPELLANT/APPLICANT Matt Christiano, Appellant Alok and Sangeeta Aggarwal, Applicants/Owners • RECOMMENDED ACTION: Deny the appeal, thus affirming the Plarming Commission Design Review Approval issued on February 28, 2007. REPORT SUMMARY: The applicant proposes to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached pool bathroom. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 1.2-acres and the site is zoned Hillside Residential (HR). The appellant is requesting that the City Council overturn Planning Commission Design Review Approval granted on February 28, 2007, on the following grounds: 1. Request the City Council to consider, de ~zovo, the approval of the driveway as part of this appeal. The appellant believes the driveway creates an unsafe condition at the end of Wardell Road. The Community Development Department received an application for a common driveway to be shared by four parcels in the fall of 2006. Appropriate environmental review was prepared with adequate noticing. A grading permit was issued by the Community Development Department on October 24, 2006. No appeal was received. As the subject of an approved separate application by separate applicants under provisions of the City Code that are independent of the design review requirements that are the subject of the Planning Commission action being appealed the earlier driveway approval cannot be modified or rescinded as part of this appeal. Application No. 07-287 - Appeat of Design Review Approval 07-01 7 - 20865 Warde[t Road • ?. The approved design is not compatible in eit/zer bulk or height with the existing tseighborizood. The appellant contests that the Planning Commission should have based Findings required in Municipal Code section 15-45.080 (e) regarding compatible bulk and height with existing residential structures on adjacent lots and within the immediate neighborhood, which are all approximately 3,000 sq. ft. or less. Therefore, approval of a home in excess of 6,000 sq. ft. is not appropriate. Municipal Code Section 15-45.030(d) provides a formula for maximum size of floor area (all structures on a parcel), which the applicantmeets. Interpretation of bulk is associated with architectural design in relationship to a parcel's size, not on overall square footage. The Planning Commission determined that Findings could be made that the bulk and height is compatible with the existing neighborhood given the large lot sizes and a general transition taking place within the neighborhood with three vacant parcels preparing development applications in the near future. 3. While t/ze house meets t)ze city's definition of having an average maximum height of 26- feet, aportiozz ofthe house will be 29 feet high, which contributes to the incompatibility of t/:e existing neighborhood. The appellant acknowledges that the approved design meets zoning requirements for height. The appellant has requested that the City revise the City Code. If the City Council wishes to accept appellant's suggestion the Council may direct staff to bring that matter forward for consideration at a subsequent meeting. Relevant background documents, including the Staff Report and Planning Commission minutes, a letter from the applicant's representative, and the appellant's application packet have been attached. A resolution denying the appeal has been prepared for Council adoption (see Attachment 1). ALTERNATIVES: 1. Approve the appeal thereby denying the applicant Design Review Approval. 2. Continue the item to a date uncertain to allow the applicant time to redesign the proposal to address issues and concerns of the appellant. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within. 500 feet, posted notice, and advertised the notice in the Saratoga News. ATTACHMENTS: 1. Resolution of Denial. 2. Letter from representative of applicant, dated April 23, 2007. 3. Planning Commission Staff Report dated February 28, 2007. • 2 . Application No. 07-287 -Appeal of Design Review Apprava107--017 - 20865 Wardell Road 4. Excerpt of Minutes from the February 28, 2007 Planning Commission meeting. 5. Appeal application. 6. Exhibit A. • C~ Attachment 1 • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISIION'S APPROVAL OF DESIGN REVIEW APPLICATION 07-017 Aggarwal; 20865 Wardell Road WHEREAS, on February 28, 2007, the City of Saratoga Planning Commission approved a design review application (No. 07-017) to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached pool bathroom. The maximum average height of the proposed residence will not be higher than 26-feet. The net lot size is 1.2-acres and the site is zoned Hillside Residential (HR); and WHEREAS, on March 14, 2007, the appellant, Matt Christiano, filed an appeal of the Planning Commission's approval of Design Review Application 07-287; and WHEREAS, on May 2, 2007 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; Now, therefore, be it resolved that the City Council of the City of Saratoga hereby: I. Affirms the findings of the Planning Commission's approval of the design review application; and II. Determines that the proposed project including the construction of a new single-family residence 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 far the construction or conversion of up to three single- family residences. III. Determines that the applicant has met the burden ofproofrequired to support said application for Design Review, and is consistent with the following General Plan Policies and Hillside Specific Plan: Land Use Element Policy 5.0 -The City shall use the design review process to assure that the new construction and ma jor additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. Application No. 07-287 -Appeal of Design Review Approval 0 7-01 7 - 20865 Wardell Road Geolo~y and Soils Policy 5 - In locating building sites, preference should be given to areas designated as stable (Sbr, Sis, Sun, Sex) on the Ground Movement Potential Map. Especially sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soils engineering analysis and design provided by the developer clearly demonstrate the long-term stability of such sites to the satisfaction of the City, its Geologist and other professional consultants. The subject parcel is located within two designated areas, Sbr and Ps, on the Ground Movement Potential Map. A geotechnical report was prepared by the applicant's consulting firm and was peer reviewed by the City's contract consultant. Geotechnical Clearance has been issued subject to adherence to conditions of approval are required as conditions of proceeding with the project as part of this Resolution. Sanitary Sewer Service Policy 1 -Require all new residences on newly created lots to hook up to a sanitary sewer system to avoid groundwater contamination problems. The applicant is hooking up to the local sanitary sewer system and is not proposing to use leach fields. IV. Determines that the applicant has met the burden ofproofrequired to support said application for design review approval including the following findings specified in Municipal Code Section 15- 45.080 and the City's Residential Design Handbook: • Design Review Findings The proposed project is consistent with all the following Design Review findings stated in Municipal Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The proposed home will be situated on a relatively large parcel with surrounding parcels also in excess of an acre. The maximum height of the proposed single-story dwelling is 26 feet. The proposal will meet minimum side-yard setbacks and will provide additional front and rear-yard setbacks greater than required by the Municipal Code. The proposed home will not unreasonably interfere with neighboring views or privacy. (b) Preserve Natural Landscape. A majority of the proposed residence is located in an area where a barn once stood; therefore, minimal natural landscape will be disturbed. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of Native and/or Heritage Trees. (d) Mizeinzize perception of excessive bulk. The applicant is proposing neutral color pallet for the exterior building, window trim and roofing materials as well as • Application No. 07-287 -Appeal of Design Review Approval 0 7-01 7 - 20865 Wardell Road incorporating varying roollines, arched wood windows, and columns to reduce the perception of excessive bulk. (e) Compatible bulk and height. Residences in the area are spread out given the minimum lot size requirements and are generally larger in size. The proposed structure is compatible in bulk and height with other homes located in the hillside area. (f) Current grading and erosion control methods. The applicant is proposing grading in excess of 1,000 CY, which requires Planning Commission review and approval in Hillside areas. The applicant has submitted a grading and drainage plan, which incorporates appropriate gnading and erosion control methods. In addition, the proposal shall conform to the City's current grading and erosion control standards. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above and staff report. V. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 07-017 for Design Review Approval is hereby granted subject to the following conditions: -.PERMANENT CONDITONS OF APPROVAL -None CURRENT DEVELOPMENT PROPOSAL CONDITIONS - COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" date stamped January 30, 2007, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. 2. The project shall utilize materials illustrated on a materials board date stamped February 28, 2007. 3. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. • 3 Application No. 07-287 -Appeal of Design Review Approval 07-01 7 - 20865. Wardell Road b. The applicant shall redesign the grading and drainage plan reducing the • combined cut and fill to less than 1,000 cubic yards for review and approval prior to issuance of Final Zoning Clearance. c. The following note shall be included: "A maximum of one wood-burning fireplace is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burning." d. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans." 4. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 5. Landscape plan shall be designed with efficient imgation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 6. To the extent feasible, landscaping shall be designed and operated to treat storm water 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 prolong exposure to water shall be specified. 7. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. 8. Plant materials selected shall 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. 9. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 10. 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 . 4 • Application No. 07-287 -Appeal of Design Review Approval 07-01 7 - 20865 Wardell Road 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 a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 11. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500.00 surplus balance at all times. In the event that the balance is less than $500.00, all staff work on the project shall cease until the balance is restored to a minimum $500.00. FIRE DISTRICT 12. Applicant shall comply with all Fire Department conditions. PUBLIC WORKS 13. Applicant shall comply with all Public Works conditions, including but not limited to, Geotechnical Conditions issued on January 17, 2007 via a memo from Iveta Harvancik, Associate; Engineer, to Therese M. Schmidt, AICP, Associate Planner. 14. Applicant shall obtain an encroachment permit for improvements in the City right-of--way prior to commencement of the work. ARBORIST REPORT The City Arborist reviewed this project and prepared two reports dated July 27, 2006 and September 5, 2006. The recommendations contained in these reports are hereby included as conditions of approval and shall be incorporated as part of the plans. Among the recommendations outlined in this report are the following: 15. Prior to issuance of final Zone Clearance the two arborist reports shall be incorporated into the plan set. 16. A bond equal to $90,290.00, which is 100% of the value of the Ordinance-protected trees to be retained, is required prior to issuance of final Zone Clearance. CITY ATTORNEY 17. Owner and Applicant agree 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 proj ect. 5 Application: No. 07-287 -Appeal of Design Review Approval 0 7-01 7 - 20865 Wardell Road • VI. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. VII. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 2nd day of May 2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST Cathleen Boyer, CMC City Clerk Aileen Kao, Mayor n 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 within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 6 • Attachment 2 ~atteoni s.~~'Lau~h1i11 Hechtt11at1 A ,~~ Y E R $ for w;an L. 4iat[am7i p,°.xxv ~l~t U"Lru,.xh~lin 1~1rn~ilrr ~l. ;elattrnni {', -,lion !... f'{rclt Lnrut f.rl'I'v i'lUU~I~IN)'t April 23, 2007 Mayor Aileen Kao and Members of the Saratoga City Council Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Appeal of Design Review Approval #07-017 (20865 Wardell Road) Dear Mayor Kao and Council Members: This office represents Alok and Sangeeta Aggarwal, the applicants for the above-referenced design review, which was approved by the Planning Commission on February 28th. The Aggarwals request that-you uphold the Planning Commission's decision, and deny the appeal in its entirety. Last summer, the Aggarwals and their three neighbors (Lim, Cheadle and Lim) applied to the City for a grading permit to construct a common driveway that would serve all four of their lots. The application was approved by the Community Development Department on October 24, 2006, and was not appealed. On July 17, 2006, the Aggarwals applied for design review of their proposed home. The appellants are appealing the Planning Commission's approval of that application. The appellants have raised four issues for your consideration. However, the Aggarwals believe that only one of the four issues is legitimately subject to appeal. This letter addressed that issue and then explains briefly why the other three issues are not properly part of the appeal. ~~ ~ a~.~o ! i P .a! ~„_<<!~ ~ ~~ Jeu ,1'c sc:. l;A 'a~13.6 •, _. ~~_ pt,. 4i~8.293.9.500 i:3a. 9~Of3.2~:;:d.p{?=~ ~~ ~p~ • Mayor Kao and City Council Members April 23, 2007 Page 2 A. Appealable Issue: "fhe Application of Section 15-45.080(e). The only issue raised by the appellants which we believe is appropriately considered by the City Council is the applicability of Section 15- 45.080(e). That subsection requires homes to be compatible in terms of bulk and height (but not size) with "existing residential structures on adjacent lots and those within the immediate neighborhood". The appellants assert this provision in an effort to have the size of the Aggarwals' home reduced to something similar to the appellants' homes, which are apparently all less than 3,000 square feet. However, the express language of that provision does not authorize limiting the size of the home -that issue is left to the formula provided in Section 15-45.030(d). As described in Section. B.3 below, the Aggarwals' proposed home complies with that section. Thus, the issue for the Council is whether the design of the Aggarwals' house is compatible with the bulk and height of the other houses in the neighborhood. • In the. view of your planning staff and your Planning Commission, the homes owned by the appellants are not in the same neighborhood as the Aggarwals' home. As best explaihed-by yyour staff, this is due to the particular topography of the area, the distances involved between homes, and the trees that dominate the area. Due to the combination of these factors, the Aggarwal home will not be visible from the appellants' homes. Unlike what would traditionally be considered a "neighborhood", appellants' homes and the Aggarwal home are not located on the same street, but rather on separate long driveways. The appellants do not drive on the Aggarwals' driveway to reach their homes, and similarly the Aggarwals will not be driving on the appellants' driveways to reach the Aggarwal residence. As required by the Planning Department, Mr. Aggarwal personally went to the nearby homes and showed them the architectural plans of their house. None voiced any objections. • Mayor Kao and City Council Members April 23, 2007 • Page 3 The City Council should exercise restraint in defining the "neighborhood" for purposes of Section 15-45.080, just as your planning staff and the Planning Commission did. The market conditions regarding residential lands are differeht today than they were 40 years ago when appellants' homes were built. People who buy residential lots in Saratoga today are building larger houses, commensurate with the expense of the lots they are purchasing. The appellants may be satisfied with the current sizes of their homes. But when they sel( their properties they will happily receive ah amount reflecting the value of the possibility of a larger home either through substantial renovation or a complete rebuild. It is a virtual certainty that with the passage of time, the homes on each of-the appellants' lots will be made larger than they are today. The owners of Lot C have already submitted their architectural plans to the Planning Department for a design review and the owners of Lots B and D are also in the process of doing so. The preliminary architectural plans for all these three houses indicate that each of these houses will be at least 6,000 square feet in floor area and two stories high. Since there would be four houses built on these four lots that share a common driveway, the Planning Commission concluded that the Aggarwals' house would set the character of this new neighborhood that is being created by these four houses. Thus, as recommended by your staff, Planning Commission found that the Aggarwal lot was not part of the appellants' neighborhood, but rather a part of a new neighborhood: Sound reasoning supported that recommendation and decision, and the Aggarwals ask that the Council uphold the Planning Commission's determination in that regard. • Mayor Kao and City Council Members April 23, 2007 Page 4 B. Issues Which are Not Properly Part of the Appeal. 1. The Common Driveway. The appellants request for a de novo review of the driveway approval is not properly before the Council. The grading permit was applied for by four owners. Only one of those owners is the applicant for the design review which is being appealed. That grading permit was approved by your Community Development Department on October 24, 2006. No appeal was made. Therefore, the appellants have failed to exhaust their administrative remedies, and provisions of Section 2-10.110(f) would not allow "reconsideration" under these circumstances. These appellants are time- barred not only from seeking a new decision from the Council on this issue, but also .from the filing of any lawsuit challenging the decision that your Community Development Department made last October. • 2. Amendment of Saratoga's Home Height Ordinance. The appellants are displeased with the height of the proposed residence. However, they twice expressly acknowledge that the calculation of the height conforms to Section 15-06.340... Their request is that the Council consider amending the City's Ordinance to change the way height is calculated. It is certainly within the City Council's prerogative to pursue that. However, that amendment: would involve a separate process unrelated to the Aggarwal residence, which is entitled to be processed pursuant to the laws of the City as they currently exist. 3. Amendment of Saratoga's FAR Ordinance. Similarly, the appellants question the size of the home and suggest that it be reduced by 40% on the theory that the lot size is 60% of the 2 acre minimum lot size. It appears from the appeal letter that the appellants are unaware that this issue is already accounted for in City Code. Section 15- 45.030{d) provides the floor area standards for Saratoga homes, including homes on substandard lots. As the Planning Commission recognized, the Mayor Kao and City Council Members April 23, 2007 • Page 5 home being proposed by the Aggarwals complies with that provision. While the City Council can always consider amending its ordinance, the Aggarwals are entitled to be processed under Section 14-45.030(d) as it currently exists. In summary, the Aggarwais ask that the City Council recognize that the only issue properly before it on this appeal is whether the Planning Commission correctly made the compatibility finding provided in Section 15- 45.080, and on that issue, that the City Council determine that the finding was properly made. We look forward to addressing the City Council regarding the appeal, and to answering any questions you may have. at your May 2nd meeting. Very truly yours, ~`~~~ BARYON G.HECHTMAN BGH:mr cc: Alok P;ggarwal, Owner of Lot A Tom Lim, Owner of Lot B Dan Cheadle, Owner of Lot C Pong Lim, Owner of Lot D Terry Szewczyk, T/S Civil Engineering • • • Attachment 3 Item 3 REPORT TO THE PLANNING COMMISSION Application No./Location: 07-017/20865 Wardell Road Type of Application: Design Review & Grading over 1,000 CY in HR District Applicant/Owner: Alok Aggarwal (Owner/Applicant) Staff Planner: Therese M. Schmidt, AICP, Associate Planne Date: February 28, 2007 APN: 366-57-O1 and 02 Department Head: John Livingston , AICP, Dir ctor Subject: 20865 warden Road . - ~ ' ~ N1LMO-°" °"' +~~ APN: 366-57-001 & 002 ~ r ~ ~ ~' •J l I Y ~ 9 ~ g -0{~• 1l •°v JOU' Radius 1 ~ 1 •. •~`V . ~:l • ~T_n~r~'~ I 1 4Z `I ~~R ' p / `J 1 i 37 /---:1e 2.2 _- - j./+' ~~sr' •D n~ t i }}~+ "~ , ' E S M I ~ r V 2 96 AC, ~ - -mC. NEi~CL. 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C'.z ~! ~ 39 \\ ~tA a QI~ ~ ~~i5 /.t{ •7 'St te~Tf I L.~ , . / FFF i ~y 7rz~ •ey tort ; -[3 g~ 1~ ~ ' d~}(/~ . ~ ` ~, ° 30 2r'~ ~ ~ 7 \ ~~~ 42 ii ii cs ^^n~~~PB .~ •tt ~ i _4° j 1 I 39 ~ ~ R9 a7iAC, rjs"~ .~ f+ t ~~ ... 2~C . ~ ~ ~~a~ ~ ~4 • \o ri i" 22 40 .y f ' 9 .. ~~ .4n "6b'tiw Y 11 s: - i j'"" _ _/I 79 z "`t,~ ~ d # aauac. Y : '1 ~ il. 4 .,.--' i t ... _ .. SSi Ja oe ' 6B 1.05 AG ;v 1~ ,~ s.e + a.e ~ u..' .. :, u o a arm t 106 Lu T y Les ac.' P1 55 ,+,+~„ w p' 6s 1 "`- ~'I °~'~ ,ry~"P~.?' • Application No. 07-01., 0865 Wardell Road • EXECiJTNE SUMMARY. CASE ffiSTORY: Application filed: 08/17/06 Application complete: 01/11/06 Nofice published: 02/14/07 Mailing completed: 02/07/07 Posting completed: 02/22/07 PROJECT DESCRIPTION: The applicant requests Design Review Approval to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached pool bathroom. The maximum height of the proposedresidence will not be higher than 26-feet. The net lot size is 1.2-acres and the site is zoned Hillside Residential (HR). STAFF RECOD'IlVIENDATION: Staff recommends the: Planning Comnussion approve the Design Review Application with required findings and condifions by adopting the attached Resolution. Staff is not recommending any permanent conditions of approval. 2 Application No. 0 7-01 7/2 08 65 Wardell Road STAFF ANALYSIS ZONING: HR -Hillside Residential GENERAL PLAl~' DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 81,760 sq. ft. (gross) and 52,249 sq. ft. (net) AVERAGE SITE SLOPE: 8.6% GRADING REQUIRED: 1,015 CY of cut and 132 CY of fill PROJECT DATA: Pro osal Code Re uirements Lot Maximum Allowable - 25% Coverage: or 15,000 sq. ft., whichever is less TOTAL PROPOSED 13,044 sq. ft. 13,062 sq. ft. Floor Area: Maximum Allowable - Residence and Garage: 6,179 sq. ft. Pool House 54 sa. ft TOTAL PROPOSED 6,233 sq. ft. 6,260 sq. ft. Min. Requirement Setbacks: 1-stON 2-story 1-story 2-story Front 68.54 ft 72.31 ft 30 ft. 30 ft Rear 60.00 ft 60.68 ft 50 ft. 60 $ Left Side 125.14 ft 130.54 ft 20 ft. 20 ft. Right Side 29.82 ft 33.92 ft 20 ft. 20 ft. Basement: Maximum Allowable - (Foot-Print of 151 Floor & 2,574 sq. ft. Garage) 3,460 sq. ft. Fence Maximum Allowable - Wrought Iron - 5 ft. Tall 3,983 sq. ft. 4,000 sq. ft Hei ht: Pro osed Residence 26 ft. Maximum Allowable 26 ft. • L~ 3 Application No. 07-019,20865 Wardell Road • ENVIItONMENfAL DETERNIINATZON: The proposal 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. PROJECT DISCUSSION The applicant requests Design Review Approval to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached pool bathroom. The maximum height of the proposed residence will not be higher than 26-feet. Zoning Code Section 15-45.060 states any new multi-story structure or whenever, as a result of the proposed construction, reconstruction or expansion, the gross floor area of all structures on the site will exceed 6,000 square-feet Design Review approval is required by the Planning Commission. The proposal consists of a new multi-story structure and exceeds 6,000 square-feet; therefore, Planning Comrission review is required. The architectural style proposed is Italian Renaissance with traditional architectural features including: stucco exterior, recessed entry porch arched windows on the first floor, columns, low-pitched hip roof, and the roofing material. The applicant is proposing to add a decorative stone along the base of the front fapade. Neighbor Correspondence The applicant has shown the proposed plans to neighbors as indicated in the attached letters. No negative comments have been received at the time of the writing of this Staff Report. Geotechnical Clearance Terrasearch Inc. prepared a Geotechnical Investigation, dated October 23, 2007, which was reviewed by the City's Geotechnical Consultant for the proposed project. As conditioned, the proposal has received geotechnical clearance to proceed. Trees An arborist report was prepared by the City's Arborist, dated July 27, 2006, and a revised report was prepared on September 5, 2006. There are five trees of Ordinance size on the subject site. They include: three (3) coast live oaks, one (1) valley oak and one (1} California pepper. Three of the five trees are not proposed for removal; two of the five trees were initially proposed for removal by the applicant, both of which are coast live oaks. The Arborist has determined that both trees are far enough from the house that they would not be impacted and that appropriate redesign of the swimming pool could avoid removing them. The applicant agreed to redesign the swimming pool and will not be removing the trees. The arborist determined that the bond amount required for adhering to the recommendation • of the Arborist Reports is $90,290.00, which includes the appraised value of all five protected trees. 4 • ~.c men PLANNING COMMISSION STAFF REPORT DATED FEBRUARY 28,2007 C~ • APPROVAL Ole RESOLLTI-ION NO. 07-037 Application No. 07-017 CITY OF SARATOGA PLANNING COMMISSION STATF_ OF CALIFORNIA Aggarwal; 20865 Wardell Road WHEREAS, the City of Saratoga Planning Commission has received an application for a grading in excess of 1,000 cubic yards on a hillside lot and Design Review Approval to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached pool bathroom. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 1.2-acres and the site is zoned Hillside Residential ~~). WHEREAS, Zoning Code Section 15-45.060 states any new multi-story structure or whenever, as a result of the proposed construction, reconstruction or expansion, the gross floor area of all structures on the site will exceed 6,000 square-feet Design Review approval is required by the Planning Commission. The proposal consists of a new multi-story structure and exceeds 6,000 square-feet:; therefore, Planning Commission review is required prior to issuance of building permits; and WHEREAS, Zoning Code section 15-13.050 states that the combined cut and fill of any grading shall not exceed one thousand cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all of the following findings: • The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site. • The natural land forms and vegetation are being preserved and protected. • The increased grading is necessary to promote the compatibility of the construction with the natural terrain. • The increased grading is necessary to integrate an architectural design into the natural topography. The grading for the house takes advantage of the natural topography by locating the majority of the structure in an area already grade area. The increased grading is necessary to integrate the architectural design of the proposed rear-yard into the natural topography. • The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. Application No. 07-017/20865 Wardell Road • No building site shall be graded so as to create a flat visible pad surrounding the • main residential structure. WHEREAS, the Planning Commission was unable to make the Findings required to approve grading in excess of 1,000 cubic yards; thereby, denying the applicant's request; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, The proposal 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. 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: Laud Use Element Policy S.0 -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. 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: The proposed project is consistent with the following Hillside Specific Plan Policies: Geology and Soils Policy 5 - In locating building sites, preference should be given to areas designated as stable (Sbr, Sis, Sun, Sex) on the Ground Movement Potential Map. Especially sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soils engineering analysis and design provided by the developer clearly demonstrate the long-term stability of such sites to the satisfaction of the City, its Geologist and other professional consultants. The subject parcel is located within two designated areas, Sbr and Ps, on the Ground Movement Potential Map. A geotechnical report was prepared by the applicant's consulting firm and was peer reviewed by the City's contract consultant. Geotechnical Clearance has been issued subject to adherence to recommended conditions of approval, which have been incorporated into the attached Resolution. Sanitary Sewer Service Policy ] -Require all new residences on newly created lots to hook up to a sanitary sewer system to avoid groundwater contamination problems. The applicant is hooking up to the local sanitary sewer system and is not proposing to use leach fields. • 2 Application No. 0 7-01 7/2 08 6 5 Wardell Road • WHEit~AS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: (a) Avoid unreasonable interference with views and privacy. The proposed home will be situated on a relatively large parcel with surrounding parcels also in excess of an acre. The maximum height of the proposed single-story dwelling is 26 feet. The proposal will meet minimum side-yard setbacks and will provide additional front and rear-yard setbacks greater than required by the Municipal Code. The proposed home will not unreasonably interfere with neighboring views or privacy. (b) Preserve Natural Landscape. A majority of the proposed residence is located in an area where a barn once stood; therefore, minimal natural landscape will be disturbed. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of Native and/or Heritage Trees. (d) Minimize perception of excessive bulk The applicant is proposing neutral color pallet for the exterior building, window trim and roofmg materials as well as incorporating varying rooflines, arched wood windows, and columns to reduce the perception of excessive bulk. (e) Compatible bulk and height Residences in the area are spread out given the • minimum lot size requirements and are generally larger in size. The proposed structure is compatible in bulk and height with other homes located in the hillside area. (f) Current grading and erosion control methods. The applicant is proposing grading in excess of 1,000 CY, which requires Planning Commission review and approval in Hillside areas. The applicant has submitted a grading and drainage plan, which incorporates appropriate grading and erosion control methods. In addition, the proposal shall conform to the City's current grading and erosion control standards. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above and staffreport. Now, THExEFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for Design Review approval is hereby granted subject to the following conditions: • PERMANENT CONDITONS OF APPROVAL -None 3 Application No. 07-017/20865 Wardell Road CURRENT DEVELOPMENT PROPOSAL CONDITIONS - • COMMUNITY DEVELOPMENT The development shall be located and constructed as shown on Exhibit "A" date stamped January 30, 2007, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development D'irector's approval. 2. The project shall utilize materials illustrated on a materials board date stamped February 28, 2007. 3. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. b. The applicant shall redesign the grading and drainage plan reducing the combined cut and fill to less than 1,000 cubic yards for review and approval prior to issuance of Final Zoning Clearance. c. The following note shall be included: "A maximum of one wood-burning fireplace • is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burung." d. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans." 4. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 5. Landscape plan shall be designed with efficient imgation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 6. To the extent feasible, landscaping shall be designed and operated to treat storm water 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 prolong exposure to water shall be specified. 7. To the extent feasible, pest resistant landscaping plants shall be used throughout the . landscaped area, especially along any hardscape area. 4 Application No. 07 OI7/20865 Wardell Road 8. Plant materials selected shall 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. 9. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 10. 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 a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 11. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500.00 surplus balance at all times. In the event that the balance is less than $500.00, all staff work on the project shall cease until the balance is restored to a minimum $500.00. • FIRE DISTRICT 12. Applicant shall comply with all Fire: Department conditions. _ PUBLIC WORKS 13. Applicant shall comply with all Public Works conditions, including but not limited to, Geotechnical Conditions issued on January 17, 2007 via a memo from Iveta Harvancik, Associate Engineer, to Therese M. Schmidt, AICP, Associate Planner. 14. Applicant shall obtain an encroachment permit for improvements in the City right-of- way prior to commencement of the work. ARBORIST REPORT The City Arborist reviewed this project. and prepared two reports dated July 27, 2006 and September 5, 2006. The recommendations contained in these reports are hereby included as conditions of approval and shall be incorporated as part of the plans. Among the recommendations outlined in this report are the following: 15. Prior to issuance of final Zone Clearance the two azborist reports shall be incorporated • into the plan set. Application No. 0 7-01 7/2 0 8 65 Wardell Road 16. A bond equal to $90,290.00, which is 100% of the value' of the Ordinance-protected trees to be retained, is required prior to issuance of final Zone Clearance. CITY ATTORNEY 17. Owner and Applicant agree 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. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • 6 Application No. 0 7-01 7/2 08 6 5 Wardell Road PASSED A.tvn A.nOPTED by the City of Saratoga Planning Commission, State of California, this 28th day of February 2007 by the following roll call vote: AYES: HLAVA, RODGERS, CAPPELLO, ZHAO, NAGPAL NOES: NONE AsSENT: KUNDTZ AssTAiN: NONE ~ . Linda R. Rodgers Chair, Planning Commission A.TTEST~ - J _ F ' Jo• " J .Livingstone, P Secretary, Planning Commission ' 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 within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • 7 Attachment 2 PLANNING COMMISSION STAFF REPORT DATED FEBRUARY 28,2007 AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar ,being duly sv~~orn, deposes and says: that I am a citizen of the United States, over the age of 18 ye<~rs; that acting for the City of Saratoga Planning Commission on the 7`" day of February , 2007, that I deposited 60 notices in the United States Post Office, a N01ICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the Ciry of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara .as being owners of property within 500 feet of the property described as: APN: 366-57-001 &r 366-57-002 Address: 20865 Wardell Road that on said day there was regular communication by United States Mail to the addresses shown above. ~. (' - f ~ Dense Kaspar ;~ • Advanced Listing Services February 7, 2007 X00' Ownership Listing • 'repared for: 66-57-001,002 -I,OK & SANGEETA AGGARWAL 0865 WARDELL ROAD IARATOGA CA 95070 66-13-018 366-14-013,025 366-14-028 'HILIP & CHRISTINE CAI VICKI L WHALEN DAVID T HIRAI )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 0731 CARNIEL AVE 20901 WARDELL RD 20898 WARDELL RD ARATOGA CA 95070-3746 SARATOGA CA 95070-3722 SARATOGA CA 95070-3749 66-14-029 366-14-033 366-14-034 'EUN & CHRISTINA LEE ANURAG P GUPTA FRANKS & CHRISTINA CHU )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 0891 WARDELL RD 20845 VERDE MOOR CT 20867 VERDE MOOR CT ARATOGA CA 95070-3722 SARATOGA CA 95070-3715 SARATOGA CA 95070-3715 66-14-035 366-14-036 366-14-037 ETER P & TERRY LIN SANJAY K & MADHVI MOONA LAMBROS & VASILIKE LOGOTHETIS ~R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER D889 VERDE MOOR CT 20878 VERDE MOOR CT 20856 VERDE MOOR CT ARATOGA CA 95070-3715 SARATOGA CA 95070-3715 SARATOGA CA 95070-3715 • 66-14-038 366-14-039 366-14-041 UDOLPH E & DONNA DITTRICH VINCENT LIANG ARTHUR C LEE ~R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER D834 VERDE MOOR CT 20800 VERDE MOOR CT 20851 WARDELL RD ARATOGA CA 95070-3715 SARATOGA CA 95070-3715 SARATOGA CA 95070-3722 366-14-051 366-14-057 56-14-050 JOHN C & JUNE WONG TING-KUANG CHIANG ENRY YEN OR CURRENT OWNER OR CURRENT OWNER 3630 SURREY LN 20868 HILLMOOR DR 20885 WARDELL RD ARATOGA CA 95070-4257 SARATOGA CA 95070-3002 SARATOGA CA 95070-3722 i6-14-058 366-14-059 366-14-060 AYMOND KLOTH RONG-LONG & HSING-FEN 7IIi WILSON & PAULINE FONG R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER ?649 ARROYO DE ARGUELLO 12651 ARROYO DE ARGUELLO 12663 ARROYO DE ARGUELLO ARATOGA CA 95070-3740 SARATOGA CA 95070-3740 SARATOGA CA 95070-3740 i6-14-061 366-49-015 366-49-032 ONALD CALI ANIL K & RESHMA NIGAM p & E LIM R CURRENT OWNER OR CURRENT OWNER 492 DEODARA DR ?675 ARROYO DE ARGUELLO 2145] CONTINENTAL CIR LOS ALTOS CA 94024-7137 ARATOGA CA 95070-3740 SARATOGA CA 95070-6505 i6-49-038 366-49-042 366-57-001, 002 RIAN L & CAROLYN HALLA JO-NING TA • ALOK & SANGEETA AGGARWAL R CURRENT OWNER OR CURRENT OWNER 689 QUAKER RD :360 FARR RANCH CT 12358 PARR RANCH CT CHAPPAQUA NY ]0514-]508 ~RATOGA CA 95070-6527 SARATOGA CA 95070-6527 566-57-003 366-57-004 SU.i-17-002 :AN & NANCY CHEADLE TOM LIM HILDEGARDE C PECSAR 12499 GREEN MEADOW LN 10654 FLORA VISTA AVE OR CURRENT OWNER TOGA CA 95070-3032 CUPERTINO CA 95014-1607 20880 WARDELL RD SARATOGA CA 95070-3749 .03-17-006 ~NDRE & ELIZABETH BOGART )R CURRENT OWNER '.0800 WARDELL RD ~ARATOGA CA 95070-3702 503-17-022 SCVWD SARATOGA CA 95070 503-17-023 VIRGINIAS & CHARLES MARIDON OR CURRENT OWNER 21085 WARDELL RD SARATOGA CA 95070-3750 03-17-029 503-17-031 iL4RGARET C GUICHARD i ] 30 WARDELL RD ,ARATOGA CA 95070-3749 03-17-034 OSELYN I & SAMUEL SCHWARTZ O BOX 2066 ARATOGA CA 95070-0066 03-17-037 AURA CHO ~R CURRENT OWNER 2781 ARROYO DE ARGUELLO ARATOGA CA 95070-3705 „~-040 A & CECILIA CHANG 'R CURRENT OWNER 2847 ARROYO DE ARGUELLO ARATOGA CA 95070-3705 )3-17-043 INDA C SANDAHL R CURRENT OWNER ?800 ARROYO DE ARGUELLO ARATOGA CA 95070-3706 )3-17-046 MMES & ELLEN REEVES R CURRENT OWNER ?742 ARROYO DE ARGUELLO AR.ATOGA CA 95070-3706 )3-17-054 EO B & HEE LEE .097 COMER DR ~RATOGA CA 95070-3709 503-17-030 MATT CHRISTIANO PO BOX 8 PAICINES CA. 95043-0008 503-17-035 DEIN WANG OR CURRENT OWNER 12755 ARROYO DE ARGUELLO SARATOGA C;A 95070-3705 503-17-038 WEN-LONG fiU PO BOX 3682 SARATOGA C'A 95070-1682 503-17-041 TAMAS & EVA SZEPESI OR CURRENT OWNER 12846 ARROYO DE ARGUELLO SARATOGA CA 95070-3706 503-17-044 HOWARD H DEFAII 24837 OLIVE TREE LN LOS ALTOS HILLS CA 94024-6455 503-17-047 CHARLES E & DIANE HOLMQUIST OR CURRENT OWNER 12720 ARROYO DE ARGUELLO SARATOGA CA 95070-3706 503-17-068 PAUL & TRACY RUDDY OR CURRENT OWNER 20728 WARDEL L RD SARATOGA CA 95070-3702 503-17-033 CALVIN K & CATHERINE TANG OR CURRENT OWNER 12721 ARROYO DE ARGUELLO SARATOGA CA 95070-3705 503-17-036 KENNETH W & LIANA ROBINSON OR CURRENT OWNER 12767 ARROYO DE ARGUELLO SARATOGA CA 95070-3705 503-17-039 MIN-HUNG & MING-HSIANG CHAD OR CURRENT OWNER 12825 ARROYO DE ARGUELLO SARATOGA CA 95070-3705 503-17-042 TIMOTHY J & SHERIDAN GONERS OR CURRENT OWNER 12822 ARROYO DE ARGUELLO SARATOGA CA 95070-3706 503-17-045 LII-JOU & LEH-YEH TSAI OR CURRENT OWNER 12768 ARROYO DE ARGUELLO SARATOGA CA 95070-3706 503-17-053 STEVEN K & CAROL SCIALABBA OR CURRENT OWNER 12878 ARROYO DE ARGUELLO SARATOGA CA 95070-3706 503-17-069 STEPHEN & SHELLEY NEWBERRY OR CURRENT OWNER 20760 WARDELL RD SARATOGA CA 95070-3702 033 503-18-037 503-18-038 NAIMI DOUGLAS R & PATTY CASE RICHARD WEN K CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER X696 WARDELL RD 20695 ASHLEY WAY 20711 ASHLEY WAY +RATOGA CA 95070-3702 SARATOGA CA 95070-3745 SARATOGA CA 95070-3728 i03-18-039 TOSAKU NAKANISHI ~R CURRENT OWNER ?0723 ASHLEY WAY ~ARATOGA CA 95070-3728 i03-18-042 ERIC & ILLEANA BENHAMOU ~R CURRENT OWNER ?0783 ASHLEY WAY i ARATOGA CA 95070-3728 503-18-040 DIANE MCDANIEL OR CURRENT OWNER 20745 ASHLEY WAY SARATOGA CA 95070-3728 503-18-065 FRANCIS W & JANE TANG OR CURRENT OWNER 12803 FOOTHILL LN SARATOGA CA 95070-3712 503-18-041 DAVID WEIBEL OR CURRENT OWNER 20767 ASHLEY WAY SARATOGA CA 95070-3728 CITY OF SARATOGA ATTN: Therese Schmidt 13777 FRUITVALE AVE SARATOGA CA 95070 u • Attachment 3 PLANNING COMMISSION STAFF REPORT DATED FEBRLARY 28,2007 C~ • City of Saratoga Neighbor Notification Form Date: ~ U ~ 2~O U .~ t' _ l;' ._, ,~~! _ 2G r. ~ . PROJECT ADDRESS: ~T ~ 2~ ~ Cn Iq~~Ql F~C~A~, ~~"-'T~vrt ~Gi ~} 1 '~ ~t ~~p Applicant Name: Q-t 1~ K ~ 5~~~1 ~~t°~~Z.~ ~t~~~ ~ !- rc~~~ Application Number. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative ojall residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at o Eater date during the actual public review and appeal periods. ~My signature below certifies the following: I have reviewed the project plans; I understand the scone of wo ; and I do NOT have any concerns or issnes which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed dre project plans; I understand the scope of v~o~; and I Lave issues or concerns, which after diacnssion with fire applicant, have not been • addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~~~ ~ Gyiii9L E~ Neighbor Address: ,~ O 9Ui ////r2DE[L /P1~ T - Salo Neighbor Phone Number: yD ~' ~~ 7 /3% q Signature: Printed: 5 DI5 • City of Saratoga Neighbor Notification Form • Date: ZfLy ~ `~~~, Apphcani Name: S~ . ~-Tl~°f ~~i~(Zfv~}~ PROJECT ADDRESS: ~~ ~ , ~ '+ 6S G'Ut~~~ iPc ~ , ~~>~ V ~~ ~ ~; 9~~ is ~ ~; ~ ~s 0-~ ~t~-) Application Number. Sta„fJ'and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of al! residents residing on your property. Regardless of the opinion exprrssed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. fly signature below certifies the following: I have reviewed the project plans; I uo d the scone of work: and I do NOT have any concerns or issues whicb need to be address by the applicant prior to the City's public hearing on the proposed project. ~My signature below certifies the following: I have reviewed the project puns;l understand the scope of ,w~~; and I have issues or rnnceros, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): /lJd' /SSG ~~ . Neighbor Narne: {~£ ~ L ~~ l -~ ~ S 1, t~o`U C L ~ !~ ~ ~ l ec' C/,~~ ~Clll~' C~//'i'I Neighbor Address: ~~`~ 2e~~6s G.1~M~Li. ~`ri-Q -S'~-~~, ~A 9..sz~c C~ of lF-r~~ Neighbor Phone Number: ~~~ .~~5 7.~ta~ Signature: ~ Printed: t ~6 ~ ~ C' ~ ~ SofS • i _~~ - _~~_ City of Saratoga - . . Neighbor Notification Form Date:, l ~_~_2C"~~ ~ ~J /~ ! p c~ PROJECT ADDRES,S~: y~-L ~ A ~, -~t~S- ~ylttAAl~-L~Z.C rte}//I~D. ~f}F~~t4~ C~ /~-}a Applicant Name: ~ ~% ~, ~ .~~V`~+~Ti4' /~~~~~~ l..~S L, ~ ~~"~ Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. y signatwe below certifies the following: I have reviewed the project plans;l understand the sco_p_e of ork; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project, OMy signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been ., • addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~ /'!~~ ~~% ' .1/ / ~~l Neighbor Address: ~~~ G~~ ~~ ~,S~I a Neighbor Phone Number: _ fC ~ ~G 1, C/ ~~/~~ SofS Signature: Printed: Date: +~L l., ~ 2t..rv PROJECT ADDRESS: ~'Tp ~, ~-C~~Iq-R.~C7L '~~~ S>~j4-/~~/4~ ~ ~S'~7~ ApplicantName:~~- ~- C- St~1~~~T7± !~~'~ly'rl~'(~ ~'~~ ~~~5 ~1 c" 'k~(-l Application Number. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they moy have directly to the applicant. Please ensure the signature on this document is representative of all residenu residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and apped periods. fly signature below certifies the following: I have reviewed the project plans; T understand the scope of work: and I do NOT have any concerns or issues whicb need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of • work; and I have issues or concerns, which atiter discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: / `t/L1-f'-~~- Neighbor Address: ~i ~~ Neighbor Phone Number: ~Q ~ ~ - ~'~ Signature: Printed: i / r / %;E=mot': ~ ~ C~ii~ r9 i G°'w `,~ (., ~E/~-- 5of5 • L~ t=.. ~~ .. City of Saratoga ~' `-~ Neighbor Notification Form - :. Dar~•`^~ 1 i ~ ~-tl~~ t~~ ~ ~ ~r ~ PROJECT ADDRESS: ~ 1 ~; 1~'7CJ` (/~~ft~~Ll- Ir-~'*A'-/a,. ,r~.r,~,~1'c"'" `' ~ A-~ CA- ~SL;.~ AppJicantName:~~~ ~ 1~/~'(~Z7~} ~~/17~t~ro~L ~"~V ~ U~ ~~~(~~ Application Number., Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion e~rpressed below, you reserve the right to amend your opinion at a later date during the actual public reveew and appeal periods. ~v1y signature below certifies the following. I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work• and I have issues or concerns, which after discussion with the applicant, have aot been addressed. My concerns are the following (please attach additional sheets if necessary): • Neighbor Name: ~/N ~~ Neighbor Address: x-07 Q, 2r,~Es G~~~. ~ ~~'~, cA- 9sa~ Neighbor Phone Number: ~`'~~~ ` ! ~~ ~ y ~~~ Signature: `~ Printed: l~/+9 Lip/ Vr'; • SofS • City of Saratoga ' `.. ~ ~' _: Neighbor Notification Form -- . Date:.~'l1L ~ 21°D PROJECTADDREaaSS,,: __LOT ~,. ~~~~ ~~~~_~{'GZ.L_ ~~.~L,~~ -S~t~~'~~~ CA-GfS~~-c Applicant Name: ~t"1~71'L ~ .-5~1~~~~ ~~f'Ytl ~- Application Number. Sta, ff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residenu residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. j^~My signature below certifies the following: I Gave reviewed the project plans; I understand the scope of fork: and 1 do NOT have any coaceras or issnes whicb need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of • work; and I have issues or concerns, whicb after diswssion with the applicant, have not been addressed. My concerns arc the following (please attach additional sheets if necessary): Neighbor Name: %!L i!/ , "j7 t rat ~ Neighbor Address: ~~~ ~ w~~N // ~ ~`~~ g~~ Neighbor Phone Number: ~~~ ~Z;YfL-~ ,Z Signature: Printed: .--~_ , ~6t:111 ~ ~r'r~ ~ 5 of 5 =- ~-~.. City of Saratoga _ : _ _' Neighbor Notification Form Dare: ~:~ f,l L`~ ~, 2c~ PROJECT ADDREpS`S:~ Lt; i p A , 2-O C ~S (i.;Et-~~~Z_(, I~~ , ~ ~ ~~ ~, 1s~-~ Applicant Name: ~ k '4 I`lW~G~A~ .S~IN~~'~ C~S ~' ~ '~'If~-L-) ~ G~rNL, Application Number. Staff and the Planning Commission prefer that neighbors take this opportunity to express arty concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residenu residing on your property. 12egardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. ~1My signature below certifies the following: I have reviewed the project plans; I understand the scope of wo • and 1 do NOT have any concerns or issaes wbicb need to be address by the applicant prior to the City's public bearing on the proposed project. ~My signature below certifies the following: I have reviewed We project plans; I understand the scope of work; and I have issues or concerns, whieh after discussion with ffie applicant, Gave oot been addressed. My concerns are the following (please attach additional sheets if necessary): • l U a; s s ~~eS -- Neighbor Name: ~~ ~ ~t~Cf~ ~A't_~''b~ Neighbor Address: ~ ~~- ~~) Neighbor Phone Number: ,~y~""/%~ ~ ~~~ ~" Signature: Printed: ~v~C~v-~~.~ !~. ~leC~ 1~ 5af5 s Attachment 4 PUBLIC HEARING -ITEM NO. 3 APPLICATION #07-017 (366-57-001 & 002) Aaggarwal, 20865 Wardell Road: The i applicant requests Design Review Approval to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached bathroom. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 1.2-acres and the site is zoned Hillside Residential (HR). (Therese Schmidt) Associate Planner Therese Schmidt presented the staff report as follows: • Reported that the applicant is seeking Design Review Approval to construct a new home in excess of 6,000 square feet on a Hillside lot including grading in excess of 1,000 cubic yards. • Said that this project is Categorically Exempt under CEQA. • Advised that the required geotechnical clearance has been obtained. • Said that the applicant had originally proposed the removal of two protected trees but the request has been modified so that no trees require removal. • Informed that staff cannot make the findings to support grading in excess of 1,000 cubic yards. The applicant agrees with staff's assessment and has accepted a condition of approval requiring them to bring the cubic yards of cut to below 1,000 cubic yards. • Stated that staff was concerned about the building materials chosen due to reflectivity on the hillside. The applicant is willing to change their colors to something more acceptable to the Commission. • Said that the neighbor notification was done and that one three-page email was received just before this meeting. The comments in the email represent five households. Their concerns are primarily the access road, which was approved to serve four parcels in .December. A Mitigated Negative Declaration was adopted for the access road and no one appealed the approval. • Stated that the access road is ready to be approved and is not a part of this project being reviewed at this time. • Reported that staff needs to add one Public Works' condition of approval (#14) that states that the applicant "shall obtain an encroachment permit from Pubiic Works prior to issuance of a Zoning clearance. • Said that the email from the group of neighbors also outlines a few Design Review issues as follows: o Question: Whether this parcel can be developed because it does not have the minimum two-acre lot size called for in this zoning designation. Answer: Section 15.13-060 of the Municipal Code allows for an exemption for any parcel created prior to April 25, 1978. It appears this parcel was subdivided in 1948 and that an easement dated 1967 has been found. Therefore, this is a legal lot of record that is non- conforming because it is less than two acres. The applicant could develop this parcel with adjusted setbacks but is not requesting that. They are meeting the setback requirements of the Hillside District zoning. o Question: Should the access road be counted in the impervious surface? Answer: The Municipal Code allows that access roads on a flag lot not be counted in the net lot size. It is counted in the gross lot size. Therefore this applicant does meet the Code requirement for impervious coverage. o Question: Why approve a house with over 8,000 in square footage? Answer: This house is a little over 6,000 square feet with a 2,500 square foot basement. The basement is not counted in floor area. Therefore, this project meets the maximum allowed square footage allowance. • Explained that she believes the email writer is present and can provide additional information on the concerns raised. • Recommended approval with conditions. Commissioner Hlava compared the apparent location of the road on Sheet C-1 versus the picture on the front of the staff report, which appears to be different. Planner Therese Schmidt explained that the map on the front of the report is simply for identifying the noticing area for 500 feet. An outside mailing house provides it. Since the road was just approved in December and is not yet installed the map they use is not yet updated. Commissioner Hlava asked if the plan sheet C-1 is correct for the road as approved in December. Planner Therese Schmidt replied yes. Commissioner Nagpal asked about the property locations in relation to the subject site for the five property owners represented by this evening's email communication. Planner Therese Schmidt said she did not know. • Commissioner Zhao asked if the folks were given an opportunity to provide feedback earlier. Planner Therese Schmidt said that Charles Madrone had previously signed off on the neighbor notification form as having no issues. He is one of the property owners represented by this evening's email raising issues. Commissioner Hlava asked for verification that the people building the road are not the same ones who are building this house. Planner Therese Schmidt replied correct. Chair Rodgers asked if the Commission should add some sort of provision to ensure access rights to the road during construction. Director John Livingstone cautioned that the City stays away from making specific conditions on private access roads. It is a civil matter that the City tries to avoid. The neighbors have access rights and easements. Chair Rodgers asked if the road has to be done first. Director John Livingstone said that the encroachment permit has to be issued but the road doesn't have to be completed before the house can begin construction. Commissioner Nagpal: • Reiterated that staff has addressed several issues raised in the email. That includes the fact that despite the parcel being less than two acres it can be developed since the lot was created prior to 1978. The house is not considered 8,000 square feet because basement space is not counted. The access road is not counted as pervious surface against this property per Code allowances. • Asked if drainage has been addressed. Planner Therese Schmidt reported that a conceptual grading and drainage plan has been submitted. A condition of approval requires the submittal of a final grading and drainage plan that has been certified by a civil engineer. She clarified that regarding the height issue, the measure of height is taken at the lowest and highest points and averaged. Commissioner Nagpal cautioned that it is hard to deal with issues raised by a letter received at the last moment. Chair Rodgers opened the public hearing for Agenda Item No. 3. Mr. Aaggarwal, Applicant and Property Owner: • Advised that he moved here from New York about 18 months ago. • Thanked Planners Lata Vasudevan and Therese Schmidt for their assistance in educating him on the local development requirements. • Reported that his lot is a flag lot that consists of 1.877 acres. When you take out the conservation and road easements, the lot is 1.2 acres net. • Said that this is a buildable lot with a proposed 6,250 square foot house and impervious • surface at 13,400 square feet. • ,Assured that they would be able to reduce the grading so that it is less than 1,000 cubic yards. • Said that the two trees they originally wanted to remove would be retained. • Informed that he had shown his plans to all adjacent neighbors about three to four months ago. Commissioner Nagpal asked about the proposed color scheme and what the first and second choices might be. Mr. Aaggarwal said that he went to the roof the shop and obtained materials samples that he has brought with him this evening to show. He said he would be happy to select the the that makes the Commission feel more comfortable. Chair Rodgers admitted to having been concerned over the the color that is called "red." Mr. Aaggarwal assured that it is not red although that is the name of that sample. Commissioner Nagpal asked if the house color would be off white. Mr. Aaggarwal replied yes. Commissioner Nagpal pointed out that the front view plan lists stucco or stone and asked Mr. Aaggarwal which he plans to use. Commissioner Zhao said that the house still appears pretty massive. She suggested that something be done to add more details or make it two levels so it is not so massive looking.' Mr. Aaggarwal said that he could put in another horizontal band. He pointed out that there are two roof elements, on the left and right sides of the house. Commissioner Zhao admitted that a two-dimensional drawing might have better demonstrated what is proposed. She reiterated that this seems like a big house that is out of proportion in her opinion. Chair Rodgers said that use of stone would serve to break up what the neighbors would see and make it appear like atwo-story instead of three-story. Commissioner Hlava asked how high the stone accent would be. Mr. Aaggarwal replied between 3.5 and 4 feet high, coming up to the windows. Commissioner Nagpal asked if the front entry is about 11 feet and goes up to about 18. Mr. Aaggarwal replied yes, it goes up to '19 feet. Commissioner Hlava pointed out that landscaping would soon obscure the stone so installing it may not be that necessary. Commissioner Zhao asked if stucco or stone would be used all around. Mr. Aaggarwal said whichever option the Planning Commission prefers, he would do. Commissioner Zhao said that natural stone does not seem to fit so well with this design in her opinion. A horizontal line or some detail Nike that might be preferable. Mr. Aaggarwal said that he would be happy to incorporate a horizontal band. Chair Rodgers expressed concern in having awood-burning fireplace in the. master suite and asked Mr. Aaggarwal if he might consider relocating the wood-burning fireplace downstairs instead. Mr. Aaggarwal said he had a fireplace in the master bedroom in his New York home and probably used it once in seven years. Fie assured that he would be willing to relocated the one allowed wood-burning fireplace downstairs. Chair Rodgers said that green building techniques are encouraged, including use of glass doors to help close off large areas into smaller ones to save on heating/cooling needs and costs. Mr. Aaggarwal said that he would be adding a door to be able to close off the dining room. Chair Rodgers said that these types of suggestions are simply recommendations to help reduce utility use. Mr. Aaggarwal said that it is a point well taken and pointed out that he has increased the quality of insulation for this house to R-26. Chair Rodgers asked if solar panels would be used for the pool. Mr. Aaggarwal replied yes, absolutely. Director John Livingstone said that for the record the City does not tolerate any variation in height from the approved plans. They are very specific. He added that since this house is being located on a sloping lot, one will not see the same elevation when looking up at this house from one direction versus looking down upon it from another direction. Mr. Matt Christiano, Resident on Wardell Road: • Explained that the emailed letter was not just from him but also from all the neighbors collectively on the south side of the road. • Reported that they all feel deceived about where this road was supposed to be located. It has never been marked on the ground specifically indicating where it would be. • Said that where this road is going in will be unsafe. • Added that, when they made no progress with staff on this issue, they hired their own traffic engineer. That traffic engineer says that it is unsafe. • Provided a copy of the letter and traffic engineer's report. ~~ • Suggested that issues such as utilities, fire hydrants, sewer lines, gas and water going up the hill be taken into account because none of that is up there now. • Stated that these houses are going to create new fire hazards for the houses that are there now. • Said that this house is completely out of character and is easily twice as large as any other house in the area. It is gigantic. • Said that impervious coverage regulations are in place to prevent run off and to allow water to soak into the hillside. This road will be up to 10,000 square feet of additional impervious coverage. • Asked the Commission to focus on safety issues, impervious coverage and the character of this neighborhood. Commissioner Cappello asked Mr. Matt Christiano to comment on the findings related to the safety of the road. Mr. Matt Christiano said that the new road is very steep and comes down at an oblique angle that intersects their existing driveway in a place where they have very little sight distance of approximately 30 feet. He added that they had originally been told that the road was going on the north side of Wardell but that is not where it is going. Instead it is going on the south side of Wardell in a very congested intersection. Commissioner Nagpal reminded that the road is not what is in front of this Commission. It is already approved. Director John Livingstone added that the road was a separate process. The City's traffic engineer has approved the road with a stop sign Commissioner Nagpal asked if the road would be brought before the Commission. Director John Livingstone replied no. Commissioner Nagpal asked whether the house, as proposed, would create views interference. Mr. Matt Christiano replied no. Mr. Dan Cheadle, Owner of Lot C: Said that he has had conversations with Mr. Matt Christiano. • Advised that it is not feasible to relocate the access road. Pointed out that these lots were sold with the access road a part of the deal. They have been told that this road is the only solution. • Recounted that these lots sat since 1998 as unsellable. • Said that the four owners will be sensitive to neighbors. • Disagreed that the access road would be unsafe, saying that traffic needs to go slow here. • Added that in the countryside there are forks in the road everywhere: Commissioner Hlava pointed out that Mr.. Dan Cheadle's home would be next door and up the , hill from this one. She asked him if he felt this proposed home is too big. Mr. Dan Cheadle: • Said that the design is well done albeit a little on the square side but that's how they are done in New York. • Stated that he doesn't like the appearance of the houses located on the ridge. • Advised that he is trying to design his own house to have a good appearance. • Pointed out that since he has been living in the flats he is used to seeing other houses. Commissioner Hlava asked if he has a problem with bulk. Mr. Dan Cheadle said that while the house does have bulk he has no problem with it. He said he supports any suggested architectural details as appropriate. Mr. Tom Nim, Owner of Lot B: • Said that the north side of the Wardell is impossible to build the access road. Only the south side is possible. • Said that the applicant has done a good job designing this house. Mr. Aaggarwal: • Said that this lot was sold as a flag lot and that the area where the road will be installed is the only possible place for it. • Advised that he had consulted with an attorney. • Said that some might ask the question of whether this design is out of character but that the home conforms to City requirements. • Added that all of the new homes on lots A through D will be more than 6,000 square feet and two-story homes. • Reminded that the five people who sent the email cannot see this proposed home from their own homes. Chair Rodgers pointed out that there are several smaller houses directly across. She asked if Mr. Aaggarwal had talked to the owners. Mr. Aaggarwal replied yes. All seven have signed off on the neighbor notification form. Chair Rodgers closed the public hearing for Agenda Item No. 3. Commissioner Nagpal: • Said that she appreciates what has been said but that this Commission is simply looking at Design Review here this evening. • Said that the issues raised by the five neighbors in their email have been addressed. • Expressed appreciation that the plan to remove trees was withdrawn as well as the agreement to limit cut to no more than 1,000 cubic yards. • Said that the articulation and panels will minimize the perception of bulk as well as use of window trim, varying rooflines and columns. With those details, she is satisfied. The house has symmetry. She can make the bulk finding. • Added that as far as compatibility, this is a large lot with an appropriately sized house for it. The Commission does not talk about square footage just architectural design. • Stated that the story poles help determine that there are no significant impacts from this house. There is good topography and screening. • Said that as far as the colors, she thanked the applicant for bringing actual samples and is fine with either color choice. • Stated that as far as use of stone, she would like to hear what the others think but that she thinks it might help. • Advised that she is supportive of this application. Commissioner Zhao: • Reiterated that this action tonight is Design Review. • Added that the Commission cannot comment on the road. • Said that it is hard to tell with the drawing provided but that the house looks like it might be a little bulky with its straight wall on both sides. • Said that her only issue is that the house is bulky. • Stated that she thinks she can support this application. Commissioner Cappello: • Echoed what has already been said. • Said that he has no issue with bulk. This is a big home but it is also a big lot in an area that supports it quite welt. • Added that he would like to see more articulation and that the proposed stone may not provide it since it is proposed to be located quite low on the house. • Suggested that landscaping does a better job than stone so he would prefer to see stucco to stone there. • Agreed that both color choices are good ones. • Said he can make all findings and support this request. Commissioner Hlava: • Said that stucco is fine. • Advised she has no problem with bulk as there is a lot of in and out going on in the design and the house is located on the lower end of the hill and will be perfectly fine without looking excessive. • Added that there are no view impacts. • Reminded that the road is not the issue before the Planning Commission. • Said that she can make the findings. • Agreed that either color sample is fine although she herself prefers the Almond color better. Chair Rodgers: • Agreed that the Commission is not dealing with the road this evening. • Said that she sees a nicely designed house. Expressed concern with the concept of using landscaping as a remedy for deficiencies in design. • Reminded that they have been taught not to use landscaping in that,manner. • Added that she would like to see concerns addressed by architecture and not landscaping. • Suggested that, rather than utilizing some sort of stone veneer, real stone is used but she would leave the final decision up to the applicant and his architect. • Said that she personally thought stone might be too busy. • Advised that she had been concerned with the color names of "Peach Bliss" and "Red" for the roof tiles but looking at the actual samples alleviated that concern. • Thanked the applicant for installing story poles on site. • Said that as far as the character of the neighborhood, it is being established here with this first home. One can expect a large house. This is a nicely done design. • Stated that she can make the finding; to support this project. Director John Livingstone pointed out that there are two bay windows in the front fagade over which copper roofing would be used. The large clay roof tiles cannot be used in that type of turning radius. Commissioner Nagpal suggested leaving color choice and use of stucco or stone to the applicant. Chair Rodgers said that she is not so sure that use of stone goes that well with an Italian Renaissance style architecture. If stone is used, it should be of a high quality. City Attorney Jonathan Wittwer said he needs to make one additional change to the resolution in addition to adding the Public Works condition #14. Condition #16 on bonds should be amended to read, "... value of the ordinance-protected trees." C1 Director John Livingstone suggested that if a choice between use of stucco and/or stone is to be made he would prefer the Commission make that decision. The applicant wants to use stucco. Unless a compelling reason exists not to, he would generally allow that to occur. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission granted Design Review Approval (Application #07-017) to construct atwo-story single-family residence with an attached garage, basement, swimming pool, and detached bathroom on property located at 20865 Wardell Road, as modified • The addition of Public Works' Condition 14 requiring an encroachment permit; • The modification to Condition 16; • The modification so that the notations on the plan reading "stucco or stone" be amended to read "stucco"; and • Modifying Condition 3-B to limit grading to less than 1,000 cubic yards of cut, by the following roll call vote: AYES: Cappello, Hlava, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None • Attachment 5 CITY OF SARATOGA CITY COUNCIL APPEAL APPLICATION Appellant Name: ,1~,~'7T C/~/ ST/~!l/~ Address: a [/ ~~ lAl~,~°D~~C ~ y S1Jyei4 ~A• Telephone #: ~8 - ~G --l.~a? ~ r-~ ~ ~y~' ~~.5- 0.~~3 ~Cu~~ Name of Applicant /~ (If different than Appellant): /~ G b/~-R ~`f}"~- Project file number and address: ~ ? -O/ ~ a0~~ ~~'f~l~L~-[- .e.O_ Decision being appealed: D~~GN /~~~ ~~R~~~ Grounds for appeal (Letter maybe attached): Ia~PrP' Reu~ wcTi{' ~JP~S~7.YG if/ QGtfc~N~~ U~ RC(~S ~ ~i~r/E~s2E iE'E11tE57N6 i 9 !J~ ~"tb / P~~ G~ l \ 7/rS / %~''i) • S~ i}Tr~i~ L e~~ Applicant Signature: ~~ ~ ~- Date: ~ / O ^ Municipal Code Section 2-05.030 (a) appeals: • No Heazing $100.00 • With Hearing $200.00 Municipal Code Section 15-90.010 appeals (Zoning related): • Appeals from Administrative Decisions to the Planning Commission $150.00 Municipal Code Section 15-90.020 appeals (Zoning related); • Appeals from the Planning Commission to the City Council $250.00 ^ Request for a Continuance: • First Request • 2na Request This Application must i Date Received: Hearing D^e: t- Fee: , Receipt #: No Charge $250.00 in 15 days of the date of the decision. ~'_ r~ ; 21120 Wardell Rd "~ Saratoga, CA 95070 ;~~~~. .~2Q~7 March 14, 2007 ''-=~-- ~~:~ To: Saratoga City Clerk/City Council: Attached is ow appeal of the 2128!07 Planning Commission Approval of project #0?-017 at 20865 Wardell Road. Attached is: 1. City of Saratoga City Council Appeal Application 2. Letter from Christiano/Guichard/Maridon/Pecsar/Torre opposing this approval. 3. Check in the amount of $250.00 There are 3 main points to the appeal: 1. We are asking the City Council to consider, de novo, the approval of the driveway as part of this appeal. We believe this driveway creates an unsafe condition at the end of Wardell Road. 2. We are appealing the design review based on the fact that the proposed home is not compatible in either bulk or height with the existing neighborhood. 3. As part of #2, we strove to demonstrate that while the house meets the city's definition of being under 26' high, it is in realty 29' high, contributing to the incompatibility with the existing neighborhood. I will be out of town for the 3/21 and 4/4 city council hearings, but in town for all other hearings throughout the spring and surnmer. I would therefore request that the hearing for this appeal be held at any meeting on or after 4/18. Thank you very much for your consideration in this matter. Sincerely, ~~ Matt Christiano 21120 Wardell Road m attna,renri sesoftware. com Please note: James Torre has not signed the attached letter. While we believe he agrees with the contents, we were unable to contact him this week as he is out of town. We will attempt to add his signature before the !rearing. cc via email: Jack Chevlen 'ackchevlen(a,comcast.net), Saratoga City Counci] (councilna,saratoga.ca.us) • 21120 Wardell Rd Saratoga, CA 95070 March 14, 2007 To: Saratoga City Council: We are writing this letter to support the appeal of the planning commission approval of application #07-01 7 - 20865 Wardel] Road. We are the neighbors at 20880, 20885, 21120, 21130, and 21680 Wardell Road. We have several issues with this project, including the following: 1. Prior to the approval of this project, there was a shared driveway which received approval in late 2006, We believe the approval of the driveway took place based on misleading and inaccurate descriptions of the location of the contemplated driveway/roadway. Some of the neighbors asked the applicant (Mr. Aggarwat) to point out where the driveway was to go, and he indicated that it went in a place different from where it is to be constructed. The letter from the applicant's own civil engineering firm (dated 9/1/06, attached herein) incorrectly stated "... and very recently shifted our road approach at Wardell to completely avoid the Maridon-Torre road." (Mr. Maridon and Mr Torre are two of the five neighbors on the road to the south.) This statement was untrue at the time of the application, and it is untrue today. Based on false information, the neighbors did not appeal the approval of the driveway. Later, when construction fencing implied that the driveway was to be placed in a spot which would be dangerous to all existing neighbors, we attempted to get the planning commission to reconsider this issue. If the original information had been clear and accurate, we would have opposed the approval of this road initially, and if that failed, we would have appealed the approval. The only reason we did not do this is because we were misled by the applicant and their enginnering firm We have been working with planning staff since 12/14/06 to resolve this issue, but while they have been helpful, their help has been limited to explaining procedure. We then brought the issue to the attention of the planning commission at the 2-28-07 hearing, but they did not want to consider it, even though we contend the initial approval was done based upon misleading and inaccurate descriptions of the Location of the contemplated driveway/roadway from Mr Aggarwal and his consultants. It seems to us that, at a minimum, the planning commission must investigate these allegations before granting approval at the next step in the development process. We have attached an Intersection Plan prepared by TS Civil Engineering. This plan was prepared after the Public Review Period expired relating to the road. Even this Intersection Plan drawing does not clearly identify how the three (3) • existing driveway/roadways which enter into Wardell Road at the end of Wardell Road intersect with the proposed driveway. We request that the city council reject the approval granted on 2-28-07, and require the planning commission to reconsider the shared driveway issue, including our concerns about safety, drainage, mudslide hazards on our road just below the new road, and trash pickup issues (which the commission admitted in the public hearing that they often do not consider sufficiently). Given that 1. the applicant incorrectly described the location of the road to the neighbors, 2. the plans are misleading as to the location of the road (note: the actual location of the road on the ground was only first physically indicated to us on March 12, 2007, just 2 days ago), and 3. the applicant's civil engineering firm misstated where the road was to be placed in their 9/1/061etter prior to the expiration of the public review period, we believe that the road approval should be recinded and that there should be a new public hearing on the road. The city council has the authority to reopen the approval of the road in city code section 2-05.030g, which states (underlining added): (g) Decision by City Council The Council may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the delennination or decision for such firrther action as may be directed by the Council. Where an anneal has been filed pertaining to only a portion of a determination or decision, the City Council shall have authority to review the errtire matter and may affirm, reverse or modify all or amp other portion of the determination or decision notwithstandinethe fact that no appeal has been taken therefrom. We respectfully request that the city council reject the approval of this dangerous road 2. Character of the neighborhood. The planning commission stated in the hearing on 2-28-07 that "these houses are a new neighborhood", and thus they are essentially in character with themselves.. There are 4 houses that will eventually be proposed here, and this is the first one. This is in violation of section :15-45.080(e) of the Saratoga Code. which states: ]5-45.080 Design review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (sections (a)-(d) omitted) (e) "Compatible bulk and height The proposed main or accessory structure will be compatible in terms ofbulk and height with (l) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment ". (sectins (f) and (g) omitted) - The proposed home cannot meet finding (e). Simply stating "this is a new neighborhood" violates the spirit as well as the letter of the city code. The new neighborhood is not exr 11nQ, as sub-section (1) of finding (e) requires. While we do not know the exact sizes of all adjacent houses, it would be surprising if any of them are much over 2500 sq ft, and more likely they are all under 2000 sq R. All but one are single story. We have attached photographs of the adjacent homes to show the character of the existing neighborhood. We have an extremely unique neighborhood in Saratoga. This neighborhood consists of 5 houses on 40 acres to the south-west, and in fact, the proposed residence is 2-3 times the size of each of the adjacent residences. The houses on the north and north-east side are similar in size, even if they do not have quite as much land. I moved to Saratoga in 1980 because it was rural. My neighbors moved here between 1952 and the 1970's for the same reason. There are precious few true "rural" neighborhoods left in Saratoga, yet there are quite a number of neighborhoods of what most people would call "monster homes". Once you allow these homes to be built, they are there forever, and the rural chazacter of the ~ • neighborhood is lost forever. The planning commissioners noted that this house is going on "a large lot". In fact, the lot is only 60% of the minimum allowed lot size (it is claimed to be grandfathered), but even so, it is far, far smaller than the lots in the immediately adjoining neighborhood. If the lot is grandfathered, fair enough, but let them build 60% of the current allowed size (which is probably larger than what would have been allowed at the time the lot was created). This would be over 3500 square feet above ground, which when added to the 2500 square feet below ground still creates a huge house, yet the above ground footprint would then be more in keeping with the neighborhood. Even so, it would be far larger than any of the adjacent homes. Why should the current maximum size of structure apply to a substandard lot? We respectfully request that the city council limit the size of the proposed home to something much more in keeping with the existing neighborhood 3. Height of structure. While the proposed home follows the rules to be under 26' high, we believe the city council needs to address code section 15-06.340, which states: • • 15-06.340 Height of buildings. "Height of building" means the vertical distance from the average of the highest and lowest point of the lot at the building's edge, measured from natural grade, of that portion of the lot ~vered by the building to the topmost point of'the roof excluding appurtenances, unless otherwise specified in this Chapter. The Community Development Director, through the use of the best available information, such as tract grading plans, vegetation, and neighborhood topography or existing grades, shall determine natural grade. (Amended by Ord. 223 § 2 (part), 2003) This rule works well on flat, or nearly flat lots. But if you examine how it is applied on this lot, you begin to see the problem. Nearly every point on the proposed house is 28'11' high from both the natural and finished grade. In order to work around that problem, the designers stuck the garage out one corner in order to "catch" a point on the lot that is 7' higher than the vast majority of the house, thereby allowing them to compute a lot height 3.5' higher than what it really is. Any sensible person would judge this home to be 28'11" high. The home will be, in fact, 28'11" high from every point on the ground surrounding it. The fact that they grade down a small knoll for the garage doesn't make the house shorter, it merely skirts the intention of section 15-06.340. Independent of this appeal, we would urge the city council to consider a change to the first sentence of code section 15-06.340 to read "measured from natural or finished grade, whichever is lower". We believe this more accurately reflects the intention. Failing that, some change to the method of calculating "average" height seems in order. Merely being able to stick out a structure to catch one point on the ground that is going to be graded away does not in any way make a house shorter. We respectfully request that the city council limit the height of the proposed home to something more compatible with the existing neighborhood In addition, we urge the city council to consider the consequences of clever application of code section 15-06.340, and modem this section to more aeeuratelyre,/lect the intention. Thank you very much for your consideration in this matter. Sincerely, • ,fir € ° - .~~ Matt Christiano P ~ and 2l 120 Wardell Road 21130 ardell Road Charles Maridon Hilda Pecsar 20085 Wardell Road 20880 Wardell Road James Torre 21680 Wardell Road Attachments: 1. Letter from neighbors to Planning commission dated 2/27/07. 2. Letter from Pang Engineers dated Feb 26, 2007 (also attached to 2/271etter to planning commission). 3. Page 1 of two (2) page Intersection Plan Review dated December 18, 2006 prepared by TS Civil Engineering (also attached to 2/27 letter to planning commission). 4. Public Notice and Notice of Intent to Adopt a Mitigated Negative Declaration; Public Review. August 16's through September 18, 2006; 5. Letter from T/S Civil Engineers and Alok Aggarwal, forwarded by Saratoga Planning Department, dated 9/l/06. 6. Photos of adjacent homes. 7. Photo of trash pickup area at end of Wardell Road. Signed Hardcopy to City Clerk, Saratoga cc via email (excluding attachments 2-5) to: Saratoga City Council: council@saratoga.ca.us Jack Chevlen: jackchevlen@comcast,net • Attachment 1. Letter from neighbors to Planning commission dated 2/27/07. The original signed copy of this letter was presented to the planning commission at the public hearing on 2/28/07. 2] 120 Wardell Rd Saratoga, CA 95070 February 27, 2007 To: Saratoga Planning Commission: We are writing in response to application #07-017 - 20865 Wardell Road. We are the neighbors at 20880, 20885, 21120, 21130, and 21680 Wardell Road. First of all, we are not sure why this application is even being considered. According to the Saratoga City Code section 15-13.060, the minimum lot size in hillside residential is 2 net acres, yet this property is 1.2 net acres, and does not meet the conditions for exception listed in subsections (c) or (e) (to the best of our knowledge). The property in question uses a new driveway/road which was approved Late in 2006. We are all very opposed to this new access, because it creates serious safety concerns for all of us, as well as hillside drainage and mudslide concerns. When the issue of this road was presented last year, the drawings available at the planning department were very confusing and misleading (possibly incomplete or inaccurate), leading us to conclude that the road was in a different place than where it will actually be placed. There were no markings on the site at the time of the application to allow us to verify our conclusions from the drawings. Note that this new road will serve 4 houses, not one. We have been attempting to get the safety issue resolved with the planning department since mid-December, but no real progress has been made. We have been unable to get them to view the new road on-site, they constantly refer us to the engineering firm who did the design. Of course, this firm does not work for us, and we believe this is an inappropriate response. We believe that safety of existing homeowners must be the primary design consideration for this new access road and do not feel that this issue is being addressed seriously. As a result of our inability to make any progress with the planning department, we have recently hired ow own traffic/civil engineering firm. A preliminary letter from Pang Engineers, Inc. is attached which outlines some of our concerns. We also do not know why the city is allowing the removal of heritage oaks when there are alternatives to this driveway. Our engineer's preliminary impression is that the existing access to the property could be made to conform with the fire department's requirements without undue effort (certainly far less than the proposed access). We believe that this alternative has not been seriously explored because the existing access is not "impressive" enough. We are concerned about drainage at the bottom of the hill at the intersection of Wardell Road and Arroyo de Arguello. Currently, the storm drains back up every winter. Adding this much impervious coverage for these homes and driveway will make a bad situation worse. • We are also concerned that the new driveway, with the magnitude of the grading and retaining walls that will be required, will create mudslide and drainage hazards on our road just below the construction. Another issue is trash pickup. For over 45 years, the neighbors have placed their trash cans on part of the property (or the curb of Wardell Road) proposed to be used for this driveway. It is not clear that this has been considered (we do not want garbage trucks, and the attendant noise, coming up our road). The house as designed is over 8000 square feet. This is completely out of character with all the houses in this neighborhood. Does every neighborhood in Saratoga have to be the home of monster houses? Aren't there: enough such neighborhoods atready? Allowing houses of this size in smaller neighborhoods create years of noise pollution for all the neighbors in these smaller, quieter neighborhoods. Especially given the fact that the lot is just over half the minimum allowed size, how is it that an 8000 square foot house would be allowed? The public hearing notice indicated that "the maximum height of the proposed residence will be no higher than 26-feet." This is not true, and may have been misleading and caused some who received the notice to ignore it and not even go the city to review the plans. The plans show 25' 9" from the (first) floor to the top of the house, 28'11" from the ground. We believe that any thinking person would judge the height of a house from the ground, not from some arbitrary interior point. The house_plans indicate that the impervious coverage is 18 square feet under the allowed limit of over 13000 square feet (i. e., 951.9% of the allowed amount). However, this calculation does not include the driveway (or even this property's pro-rata share of the driveway) coming from Wardell Road. This amount of impervious coverage is what causes us great concern for our road and intersection below the property. How can you measure impervious coverage without including driveways? City code section 15-Ob.620 of the code defines coverage as follows: (f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. The drainage plans as drawn do not appear to indicate where all the runoff from this project will go. Presumably, much of it will travel downhill to our road, causing more problems for us. Does design review approval include the approval of the site development plan? If so, we did not see the documents at the city which are required by code section 15-30.050. Finally, we have concerns about the sensitivity of the new developers, borne out by a few experiences to date. There have been tree trimming crews on site working on some of the trees on the proposed driveway. These crews have parked large trucks completely blocking the access road to our houses, and in one case we were stuck at the bottom of Wardell Road honking to attempt to get their attention while they were up the hill • • running chainsaws. We were unable to access our houses until I climbed the hill to get their attention to move their truck. At this point, they yelled insults at me. They blocked the road again the following week, even after I called the police and their home office after the first incident. It needs to be clear that our road is not constriction parking, and that the contractors need to respect the access and quiet enjoyment rights of the existing homeowners. Their track record to date is not positive. Thank you very much for your consideration in this matter. Sincerely, i~ , v ~.~ Matt Christiano P chard 21120 Wardell Road 2113 ardell Road matt@paicinesranch. com C~~~~ ~ ~~~e~~jy~' Charles Maridon -Hi da Pecsa 20085 Wardell Road 20880 Wardell Road 680 Wardell Road • • • Attachment 2. Letter from Pang Engineers dated Feb 26, 2007 (also attached to 2/27 letter to planning commtssion). This letter indicates the proposed driveway will create an unsafe condition for the existing neighbors. u • ,:. -- "~ .~~}` PANG ENGINEERS I, NC. TRAFFIC AND TRANSPORTATION CONSULTANTS 0703 February 26, 2007 _ Mr. Matt Cfiristiatw - .- ~ -. 21120 Wardell Drive - _- - '`- _- Saratoga, CA 95090 - . -n sd: - Re: 20865 warc~ll Drive ~~~` 4 Lot SubdirislOn ~ - - ~'• - Saratoga, CA • • ~ _ Dear Mr. ChrisUaao: - - .... pursuapt to your request and verbal authorization to proceed on or about February 23. ~~ - 2009, we have met witt- you and a member of the oeighbc>rhood cnmmurrity, walkod tbs. - - _- F : aria of the proposed driveway access to the proposed tour s~gte famHy residential - - ' ~ dweilitig units, driven the existing driveway access to the proposed dcvelop>t(g1t,: ~- :`. ~,-: Teviewdd the 8 and IR by 11 inch intcr~sectioa plea view prepared by TS Ci~+il ~ - 5ogincering, Ines and made observations of the existing traffic operations along - -'- WardeD Drive and at the most western terminus of Wardell Drive. .•~ ,. - . The objective is to rev6ew the available information and provi~ as appropriate ~ - .' ~~_ professional engineering opinion regarding traffic safety issues of the proposed t>t)t - `~ driveway ~ t1>e end of WardeD Drive. ' - -- - .:~;- EXISTING CONDITION - • . -~~ - Wardell Drive, an cast-west two lane residential strrtl, intersects with Sarnoga- - .'~- _ Sloanyvalc Road, a twtth-sorrth major arterial street, and operates witb an existing trat>dc signal. Heading wcctaly from the signalized intcrscction along Wardell Drive, then-- `- _ aart single faa»ly nsidential ilwclling units oo the aotth and south sides of the stmt. ' - } . Wardell Drive is intersected by several cross-streets whicb are contioiled ~by STOP ~_,~~ signs, e.g. Yolo Drive on the south, Wardell Court on the north, Carmel Drive (4Way -,, _ Stop), and Arroyo de Arguello (4Way Stop). At the moat wcstcdy end of R1ari~Q , - _ Drive, the str+ca ends without acol-d~sac, but in close proximity to the 4Way Stop~at .. ' - - Arroyo de Arguello. There are thr+cx existing private driveways serving muhiple single . family residential dwelling units, and one standard residential driveway serving a siog~e - - - - residential dwelling unit. The proposed four lot residential subdivision proposes to ~ - +~ a fifth driveway at the end of Wardell Drive. - - ' ,ur. vffw - •. Cnow+o - :r 9•e-,oou N~- - •- '9 ~ ~ • The driveways arc shown on the TS Civil Engineering, Ltc. plan sod are described mole - - =, '- ~ fully bcjow: = : - . Driveway I: existing driveway to a single family raideotial dwelling nnh oet- the noM _ side of Wardell !hive and is pan of the aewa residctuial subdivision; the acuat ~ - drivew$y Mention is not plotted on the TS Civil Engmeaing,lnc. plea; ~ - - '= ~ Driveway 2: existing north driveway which serves the proposed subdivisioD propeity . .~ ;`- with a long private driveway and struts two single family residential dwelling units, . - one of which is to be razed and replaced by the proposed 4 lot residcotial subdGvisioti~` Driveway 3: existing west driveway which serves threw cxistiag tdi~le fam~y _ ~. ~- ~ residential dwelling units; this driveway starts to ascend on a gradaa] slope asit ` ~ - . }' - proceeds westerly, ~ Driveway 9: existing southwest driveway which saves five existing single fam~y ~ -. ,- - raldential dwelling, units; this driveway starts to ascend on a gradual slope as ~it - proceeds south and southwesterly_ -. ~ Driveways 2, 3 and 4 appear to have been in existence for quite sonic time, were _ =:- <. ~Y _ originally constructed u~ a more rural design criteria, and in place prior to Driveway ]. ~ - .~ h _ All of the existing driveways appear to operate safely with sufFicicnt sigh diatanCRS add. - _- - no apparratt visual blockages. -:. :. ~. . .., , ' ~ ~ . I'VTU1tE CONDr17ON ;: ` The proposed 4 bf single family residential subdivision is proposing vehicular aoce5s• ~ ~ - ': via a Fifth driveway in the southwest corner at the end of Wardell Drive, wad cot ~ _ ' - ~- L Driveway 2. the existing access to the proposed devcloprnent. This fifth driveway whl - be conStructcd immediately to the northwest of existing Driveway 4. The comply : drivcwby and roadway plan for Driveway 5 has nflt been made available to t)le - °,. ;`• consultant. However, the intersectiao plan view of Driveway 5 with Wardell Drive hat _ - _ been rttsdc available and will be reviewed herein. _ - ~~~ The minimum distance between driveways at the card of a street is ZO feet. assuming.s ~~ - distance of S feet between the lot lint and the actual rcc~dcncc on both sides of the lot :, - .. ~ ;: line. This minimal standard is usually applicable for a cul-do-sac street. While this ' _~ minimal 10 [cot distance may act be directly applicable sines the western end of WardeD Drive bas not been physically constrocted as a cul-de-sac, the intent is to erealc - - . a safe dperationa) condition. . . ,. . . = -2- - ~~ -~.; i -__ - ~: ~, , .. .:. :~~:: - y :_ ._,: -_ 7bc proposed Driveway S does not satisfy the minimal distance between driveways., It -~ also w(11 be at a steep slope with a maximum grade of 1896 per I3ue Department • - • -y :: atarrdartis, with the exiting vehicles potentially proceeding at a higher rate of speed tLein : - the adjacent Driveway 4_ Driveway S appears to encroach upon the eaistiag pavetn~t ' _ _ of Driveway 4 as depicted on the TS Civil Eaaganeering, Inc. drawing apd ~by the survey _- - markings on the grmrocL Driveway S is planned to be constructed at an scuff.-angle with IhivetNay 4. Driveway S does not appear to satisfy any minimal sight dish , - parameters for exiting vehicles, e.g. a safe stopping sight distance at ZS miles pet` h_ grit : . '. ~- -~ (mph) of approximately 150 to l SS fact. 71st: actual driveway plans with horizontal aptl . - : ~ '~- vertical design criteria f~ Driveway 5 has teot been made available. 1'hc srttaU sketsb - _ shows that a portion of Driveway S is planned to have a retaining waII on the noR?eeify and sotithcrly portions of the roadway. Since the southerly portion of the retaining wall •, _ fix Driveway S w-p "aet° into flee hiTlxide, there is a strong possibiliry that flee -hillside. _ - • may nOt retain its current stability. Sleould instability ocatr, it could create -slo~ee • == siippagc onto the existing Driveway 4. Tht:tefore, should Driveway S be constnieled iQ :' ;: - fits current proposed location, another parallel retai»ing wall on the north side of ; .. = Driveway 4 may be required to prevent slope instability. - ' - .• . CONCLUSION ~ - :: x '_• 7Lc proposed Driveway 5 does not satisfy the 10 foot minimal distance betw~n. ; . driveways at the end of a sweet, is proposed W be constructed as an acme angle with a - ~~ laeep ~ope and gradient and encraaching upon Driveway 4, does not satisfy aDy~' -.. mipim3l sight distance parameters for exiting vehiel~, and has a potential sloe ;- -- -; stability issue with Driveway 4. > - Y - -~ ~ 7]wS, the construction of the proposed Driveway 5 in its current proposed loeatioD, - appears to create an unsafe vehicular tra(1'tc operational Condition at the western efld of • <~ warden Drive. - very Truly Yours, . ~~~ ~ - .. ~c®y Lawrtx~e Pang, CJ:, T'>; . . EoclosurE: Lttersection Plan View wi Driveway Locations -3- pxNr. Frrr_TxFERS, Iric.' - - ! • Attachment 3. Page 1 of two (2) page Intersection Plan Review dated December 18, 2006 prepared by TS Civil Engineering (also attached to 2/27 letter to planning commission). i Attachment 4. Public Notice and Notice of Intent to Adopt a Mitigated • Negative Declaration; Public Review. August 16"' through September 18, 2006; ~~ .; $~' A4 - ~ x;~t_~ O - = O c' i -~ ~~ota~ PROJECT'I'ITI,E: C~ • ~~ Community Development Department c~tyasarato~a 13777 Fru'trate/yretr~e Ssrrbga, t 95tJ70 PUBLIC NOTICE AND NOTICE OIL INTENT TO ADOPT A MI7'iGATED NEGATIVE DECLARATION PROJECT LOCATION: PROJECT APPLICANT: PROJECT CONTACT PERSON: ADDRESS: 'TELEPHONE: PUBLIC HEARING: PUBLIC REVIEW PERIOD: Applicatiao #tl6-0l7 -Grading Permit for Private Access Road 20665 Wardell Road, Saratoga, CA APN 3fiti-49-032, 366-57-001, -002, -003, -004 . Terrence J. Szewc2yk, P.E. Suzanne Thomas Community Development Department 13777 Fzuitvale Avenue, Saratoga, CA 95070 408-8ti8-1212 None required August 1 b -September 18, 2~6 PROJECT DESCRIPTION: In 2005, four legal lots comprising of 7.73 acres total wen released from a W;lliamson Act Contract, which limited use of the land to agricultural and open space purposes. An initial study was conducted at that time that specifically investigated the potential impacts of cancelling the Williartrson Act contract but did not analyze. the futrae construction of lames and a road. The lots have now been sold and sill each be developed for residential use. This project consists of the construction of a private road to provide access to those four lots. The current access is via a nm'row shared driveway extending from Wardell Road. The specific impacts associated with the construction ofthe four new homes will be evaluated by the City at future application submittal stages when specific information o0 each home design is available. NOTICE lS GIVEN THAT a proposed Mitigated Negative Declaration of F.avinonmerital Significance has been prepared for the project. The Initial Study and proposed Mitigated Negative Declaration certify that the City of Saratoga has determined that no significant environmental impacts are anticipated to be associated with the project. Copies of the Initial Study and proposed Mitigated Negative Declaration and p%1~ PIS sn available for review at the City of Saratoga Cotnnritmity Development Department, 13777 Fnritvale Avenue. You may also call the phone number listed above if you have any questiorrs, or to request a wpy of the proposed Mitigaoed Negative Deciandon. Tyre 30-day pablic review period ends at the end of the day September ] 8, 2006. All written comments must be received by this time and should be sent to: Community Development Department, 13777 Fruitvale Avenue, Saratoga, GA 95070; Attn. Suzanne Thomas; or fazed to: (408) 887-8555. NOTICE IS FURTHER GIVEN THAT this notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. Attachment 5. Letter from T/S Civil Engineers and Alok Aggarwal, forwarded by Saratoga Planning Department, dated 9/1/06. Note especially the 2°d paragraph, wherin it states "We have .... very recently shifted our road approach at Wardell to completely avoid the Maridon-Torre road." James V. Torre 21680 Wardell Road Saratoga, CA 95070 Charles Maridon 21085 Wardell Road Saratoga, CA 95070 Hildegarde C. Pecsar 20880 Wardell Road Saratoga, CA 95070 Margaret Guichard 21130 Wardell Road Saratoga, CA 95070 Cormrwnit~veloprnerd Departrnent czty or Saratoga 13777 FntiMale AverNe Saratoga, Ca6fortria 95070 Greetings, I am enclosing a copy of a letter that I received from Terrence J. Szewcyzk and Alok Aggarwal in response to the concerns that you expressed in your letter of August 28, 2006. Please let me know if this is satisfactory. I will be out of the office,'but please feel free to leave me a message and I will respond when 1 return. My contact information is listed below. Best regards, ~~ Suzanne Thomas Assistant Planner City of Saratoga (408)868-1212 sthomas~a sarato ag ca.us U September 1, 2006 Job No. 06-224 . . Suzanne Thomas, Assistant Planner City of Saratoga - Planning DepattIItent 13777 Fruitvale Avenue Saratoga, CA 95070 . Subject: Response to Neigbbers, Tozze and Maridoq et al Grading Pemut for New Access Road ' 20865 Wardell Road, Saratoga Dear Suzanne- Thank you for forwarding the letter dated August 28, 2006 signed by our neighbors southwest of Wardell Road. As background, these folks have a 40' wide private street right of way through Parcel A of our four lots. Their existing rued is paved asphalt concrete and approximately 16' wide. Our new private road (to access our four lots) will start at the westerly termvnrs of Wardell Road adjacent to their road. Our new 2t)' wide road will immediately climb away from and due west of their road, which bears southwesterly- Ar- e~ashng steep slope of 10'-15' in beigltt, that is vegetated wit3r pepptr and oak trees will separate.tite two reads. We have painstakingly complied with the•Uree protection requiremcats of the City Arlwrist and very recently shifted our road approach at Wardell to completely avoid t>r,e Maridon-Torre road. . As for the partieular concerns exgiessed in the lef.ter: 1. We will pay for and participate in the cost of adding four individual boxes to the common post office box. 2. Maintenance of the ttEes within the new road area is long overdue and we absolutely share our neighbors' concerns for pruning of overhanging lunbs. This work will be the fast order of business after we rz;ceive our grading permit on September 18, 2006. For ~~ reference, Alok Aggarwal is cuaexitly the maintenance director of our four family road association. Addifionally, Alok's lot is individually responsible for the lets. Suzanne Thomas Doti No. 06-224 September 1, 2006 Page 2 of 2 maintenance of landscaping within the slope area betwe~ the two roads (seethe attached easeme~ document). In oonclusior>, we look forward to a long and rewarding future.relationsbip with the owners of the Msridon, Torre, Pecsar and Guichard properties. Consequently, eve are motivated to accommodate these requests to demonstrate good will as the new kids on the block. _ sincerely, 7'S/CIVII. E'TTGWEERIIdG, INC.' Tereace J. Szewczyk Principal ]..narreer Alok Aggarwa sirrtearance I~rxtor ~' • Attachment 6. Photos of adjacent homes. Due to the fact that the lots are somewhat irregular, we are not 100% certain that these are all the existing adjacent homes, but we believe them to be all of the adjacent homes. In any case, they are representative of the neighborhood. ~~ ., This home is another immediate neighbor at 20880. This is a small one- story home of approx 1200-1500 sq ft with an approx 400 sq foot detached garage, on over 4.5 acres adjacent to 20865. The next picture is the front view of this house. This home is on one of the 41ots, and is immediately adjacent to 20865. (In fact, it is actually numbered 20865, although it is not on the applicant's lot). It is a one-story house of modest size (with a detached barn, not shown). • Front view of adjacent home at 2088() Wardell. The home immediately adjacent to 20891, adjacent to parcel B, perhaps adjacent to 20865 as well. Recently remodeled, approx 2000-2500 sq ft. • This is the nearest: neighbor at 20891 Wardell Rd. This house is under 2000 sq ft, with a detached garage (with a small appartment above the garage -- not shown). ., C~ This is another neighboring home at 21130. This home is a 2- story home of small size (approx 2000 sq ft) and short height (it is a converted barn from the historical house at 21120 Wardell), and can be seen from almost nowhere. This home is the adjacent home at the corner of Arroyo de Arguello and Wardell. Aone-story home of approximately 2000-2500 sq ft. Adjacent to 20865. • • The other corner of Arroyo and Wardell. A 1-story home of approx 2000-2500 sq ft. Photo of the lot at 20865, showing the natural environment and a beautiful oak tree being removed for the proposed driveway. The planning commission praised the applicant for not removing any heritage oak trees during the public hearing -however they ignored the many oaks being removed for the driveway. Another large oak being removed is visible at the left-hand side of the picture of the trash pickup area on the next page. In summary, there is one 2-story home adjacent to the property at 20865 Wardell, but even this home is practically invisible to all neighbors and is of modest height (lower in height than many ]-story homes), and small size. All other homes are single story, and none appear to be over 2500 sq ft. • Attachment 7. Photo of trash pickup area at end of Wardell Road. • Note: This picture was taken at noon on March 12, 2007, aRer some trash cans were already picked up. Note that only 4 trash cans, 4 yard waste, and 3 recycling cans are present at this time, but there are always more than this during pickup times. There are approximately 8 homes served at this trash pickup location, so the area is quite crowded with trash and recycling cans, especially given the new requirement that the cans be placed 2' apart. Taking away half this curb space for the proposed driveway will make the problem much worse. The planning commission, in their meeting, noted the fact that they often fail to consider problems arising from this situation. U Attachment 6 SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 AGENDA ITEM: 5 ORIGINATING DEPT: Communil:y CITY MANAGER: ~---t- G~--G--- Development Dave Anderson PREPARED BY: DEPTHEAD: Richard Taylor and Jana Rinaldi John Livingstone SUBJECT: Consider Initiating Preparation of an Ordinance to Prohibit Blighted Property Conditions and Provide Direction Regarding Consultation Process RECOMMENDED ACTION: Receive report and provide staff with direction. REPORT SUMMARY: At its April 18, 2007 meeting the City Council directed staff to report back regarding the potential for an ordinance that would require property owners to keep their property free of blighted conditions. Staff has prepared the attached preliminary draft based on another City's ordinance addressing this issue. Thf; draft illustrates the range of issues that could be addressed by such an ordinance. Staff seeks direction as to (1) whether it should proceed with processing this or a similar ordinance and (2) whether the ordinance should be referred to the Planning Commission prior to coming before the City Council. DISCUSSION: Back rg o City Code Enforcement staff receives numerous complaints from City residents regarding blighted conditions on various properties in the City. Residents complain of overgrown weed, dead or dying trees, abandoned or poorly maintained homes, and similar issues. The City Code provides the City with tools to address conditions that present a fire hazard or other clear threat to health or safety. The City works with the Fire District for weed abatement matters that pertain to potential fire hazards. If a complaint is received for weeds the Fire District performs an inspection of the property and determines if there is a fire code r~ violation. This procedure is the same for the County Vector Control except the issues deal with rodent, mosquito and vermin problems at residences. Often, however, when conditions of concern to residents are referred to fire protection or vector control officials the investigation concludes that while the conditions may present aesthetic concerns, they do not present a level of public health or safety risk sufficient to warrant action. Other jurisdictions facing this problem have elected to adopt ordinances designed to allow protection of neighborhood aesthetics as well as health and safety. These ordinances address a broad range of property conditions in an effort to establish minimal standards of property maintenance and repair to protect the overall appearance, livability, and social/economic stability of neighborhoods. The ordinances are often similar to standards imposed privately by homeowners' associations. Preliminar~Draft Ordinance The attached preliminary draft ordinance illustrates the range of issues that can be addressed by a blight ordinance. It is based on an ordinance adopted by the City of San Jose in 2002 but has been reformatted to exclude issues already addressed in the City Code and to improve readability. A Saratoga ordinance could include some or all of the standards presented in the draft or could adopt different standards. The ordinance would require properties to be maintained to avoid conditions such as: - Buildings that are vacant and unsecured that could harbor animals or vandals or otherwise serve as an attractive nuisance; - Buildings in a state of disrepair (e.g., building exteriors, walls, fences, retaining walls, driveways, or walkways that are broken or deteriorated to the extent that the disrepair is visible from a street or neighboring properties); - Overgrown, diseased, dead or decayed trees, weeds or other vegetation that substantially detracts from the aesthetic and property values of neighboring properties; and - Other conditions ofdeterioration or disrepair that creates a substantial adverse impact on neighboring properties. The preliminary draft also includes standards imposing landscape maintenance requirements for single and multi-family homes as well as a requirement that homeowners maintain the "parkstrips"between the sidewalk and the street. These go beyond a prohibition of blighted conditions to impose affirn~ative requirements that at least landscaping be installed and properly maintained. While not essential to address the problem that has given rise to the majority of complaints to code enforcement, the Council may wish to include a landscaping requirement as another tool to improve the appearance of City neighborhoods. 2 The ordinance would authorize the City Manager to order property owners to take corrective action and in some cases to have the work performed by the City with the costs of that work charged to the property owner either directly or as a lien on the property. Except in cases of imminent danger, various hearings and possibly judicial proceedings could be required prior to the City entering the property to perform the work on the owners' behalf. Process/Planning Commission Referral The attached draft is preliminary and was prepared primarily for illustrative purposes. If the City Council directs staff to proceed with processing the ordinance, staff will work to refine the ordinance to conform with the City Code and any Council direction regarding any aspects of the ordinance that should be changed. Because the ordinance would not amend the zoning code, there is no legal requirement that the ordinance be referred to the Planning Commission. Because the ordinance addresses issues of neighborhood aesthetics, however, the City Council may wish to refer the ordinance to the Planning Commission. ALTERNATIVES: The Council could decline to pursue the ordinance at this time. This would leave the City Code unchanged; code enforcement staff would continue to focus their efforts in connection with blighted properties primarily on those that present clear public health or safety risks rather than primarily aesthetic concerns FISCAL IMPACTS: Costs of preparing the ordinance have. been limited to date because it is based largely on an existing ordinance. Staff time and costs associated with further processing the ordinance will depend on the extent of revisions proposed, the review process, and extent of public interest in the proposed ordinance. If the ordinance is adopted there will 'be a significant increase in the number of complaints that can be addressed by Code Enforcement staff. These will be processed in accordance with existing Code Enforcement policies setting priority for enforcement actions. If staff time allocated to code enforcement is increased to maintain current response times with an increased number of complaints, there will be increased costs. Additional information on the extent of these costs will be provided together with the proposed ordinance when it comes before the City Council. 3 FOLLOW UP ACTION(S): Dependent on Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. ATTACHMENTS: Preliminary Draft Ordinance Preliminary Discussion Draft ORDINANCE AN ORDINANCE ADDING ARTICLE 7-50 TO THE SARATOGA CITY CODE RELATING TO BLIGHTED PROPERTIES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. [To be Drafted) Section 2. Adoption. Article 7-50 is added to the Saratoga City Code to read: 7-50.010 Purpose of Article. The purpose of this Article is to promote the public health, safety and welfare by requiring a minimum level of maintenance of private; property to protect the livability, appearance and social and economic stability of the City and, tc protect the public from the health and safety hazards and the impairments of property values that result from the neglect and deterioration of property. 7-50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Decorative Landscaping means decorative non-live materials used to cover dirt in a garden or yard, such as rocks, gravel, or bark and does not include pavement with asphalt, cement or any other impervious surface. (b) Graffiti means an unauthorized inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on a surface. (c) Parkstrip means the area between the curb of a street and the sidewalk. (d) Polluted Water means water that contains any bacterial growth, including algae, remains of rubbish, fecal matter, untreated sewage, refuse, debris, papers, or any other foreign -1- matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition. (e) Weed Block means material that is installed over a dirt surface in order to prevent the growth of weeds and that does not prevent the infiltration or passage of water into the dirt surface. 7-50.030 Public Nuisance. Any property upon which there exists property blight as set forth in the provisions of this Article is hereby declared and determined to be a public nuisance. 7-50.040 Prohibition of Property Blight. (a) No person, whether as owner, agent, manager, operator, lessee, tenant, sublessee, or occupant in possession of a property, shall maintain a blighted property or cause or permit property to be maintained as a blighted property. (b) No person, whether as owner, agent, manager, operator, lessee, sublessee, tenant or occupant of a property, shall take any action or allow any action to be taken at that property in violation of any provision of this Chapter or any order issued pursuant to the provisions of this Chapter. 7-50.050 General Conditions. The presence of any one or more of the following conditions on property constitutes property blight: (a) Any condition that is detrimental to the public health, safety or general welfare or that constitutes a public nuisance as defined in California Civil Code Section 3480; (b) Any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties. (c) Any building or structure that is unsecured constitutes property blight. A building or structure is unsecured when either of the following conditions exist: (1) The building or structure is inhabited, occupied or used without the consent of the owner or the agent of the owner; or (2) Unauthorized persons can readily gain entry to the building or structure without the consent of the owner or the agent of the owner. (d) Any property that is unsecured and constitutes an attraction to children or a harbor for vagrants, criminals or other unauthorized persons, or is in a condition such that persons -2- can resort thereto for the purpose of committing a nuisance or unlawful act, constitutes property blight. (e) Any building or structure that is in a state of disrepair. A building or structure is in a state of disrepair when any of the; following conditions exist: 1) Exterior walls or roof coverings have become deteriorated, do not provide adequate weather protection, or show evidence of the presence of termite infestation or dry rot; or 2) Broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers; or 3) Building exteriors, walls, fences, retaining walls, driveways, or walkways that are broken or deteriorated to the extent that the disrepair is visible from a street or neighboring properties; or 4) Any part of the property, including any building or structure located on the property that is visible from a street or neighboring property, that is defaced with Graffiti. (f) The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that: 1) Constitutes a fire hazard or other condition that is dangerous to the public health, safety, welfare; or 2) Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances; or 3) Substantially detracts from the aesthetic and property values'of neighboring properties; or 4) Is overgrown onto a public right-of--way at least twelve (12) inches; or 5) Is completely dead, over twelve (12) inches in height, and covers more than fifty percent (50%) of the front or side yard visible from any street. (g) The property contains a hazardous condition consisting of any one or more of the following conditions: 1) Land having a topography, geology, or configuration that, as a result of grading operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems that pose a threat of injury or are injurious to any neighboring property. 2) Any condition or object, including without limitation landscaping, Motor Vehicles, fencing or signs, that obscures the visibility of traffic, pedestrians, or street intersections in a manner that constitutes a hazard. 3) Items are present that are inadequately secured or protected and, due to their accessibility to the public, may prove hazardous including, without limitation: i. Unused or broken equipment or machinery; ii. Abandoned wells, shafts, or basements; iii. Unprotected pools, ponds, or excavations; -3- iv. Structurally unsound fences or structures; v. Lumber, or accumulations of lumber or other construction materials; or vi. Chemicals, motor oil, or other hazardous materials. 4) Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, so that the water has become or is becoming Polluted Water. (h) The existence of any other condition defined as blight by any provision of this Code. 7-50.050 Single Family Dwelling Landscaping Requirements [Option] (a) A single family dwelling subject to a development permit shall be landscaped in accordance with the requirements of the development permit. (b) A single family dwelling, not subject to a design review approval, shall have landscaping installed in the nonpaved portions of the front and side yards that are visible from any street. For purpose of this subsection only, `9andscaping"means live trees, shrubs, lawns, other live plant materials or Decorative Landscaping, have been installed. (c) If only Decorative Landscaping is used to meet the requirements of this Section, Weed Block shall also be used. (d) Failure to meet the landscaping requirements of this Section constitutes property blight. 7-50.060 AZultifamily Dwelling Landscaping Requirements [Option] a) A multifamily dwelling subject to a development permit shall be landscaped in accordance with the requirements of the development permit. b) A multifamily dwelling, not subject to a design review approval, shall have landscaping installed in the nonpaved portions of the front and side yards that are visible from any street. For purpose of this subsection only, "landscaping" means that: 1. At least fifty percent (50%) of the nonpaved portions of the front and side yards that are visible from any street shall be covered with live trees, shrubs, lawns, or other live plant materials; and 2. The remaining portion of the nonpaved portions of the front and side yards that are visible from any street shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have Decorative Landscaping installed. c) If Decorative Landscaping is used to meet the requirements of this Section, Weed Block shall also be used. d) Failure to meet the landscaping requirements of this Section constitutes property blight. -4- 7-50.070 Parkstrips. [Option] Any property with a Parkstrip shall have landscaping installed in the nonpaved portions of the Parkstrip. For purposes of this subsection, "landscaping" means live trees, shrubs, lawns, other live plant materials or Decorative Landscaping, have been installed. If Decorative Landscaping is used to meet the requirements of this Section, Weed Block shall also be used. Failure to meet the landscaping requirements of this Section constitutes property blight. 7-50.080 Abatement Actions Whenever the City Manager determines that a property is blighted property, the City Manager may require or take any necessary abatement or other enforcement actions to cause the property blight to be abated in accordance with the provisions of this Code, or by any other lawful means. The City Manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted. Costs for any abatement performed by or on behalf of the City shall be recovered by the City in the City Manager's discretion. 7-50.090 Summary Abatement - Imminent Danger. (a) Any condition of property blight which is reasonably believed by the City Manager to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public maybe summarily abated by the City Manager, in accordance with the procedures of Chapter 17.02 of this Title. (b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the City Manager. 7-50.100 Restriction From Use. If there exists on a blighted property any condition reasonably believed by the City Manager to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the City Manager may order the immediate restriction from use or occupancy of the blighted property in accordance with this Code. In addition to restricting use or occupancy, the order may require that other abatement actions be taken. 7-50.110 Procedures of This Chapter -Cumulative. Procedures used and actions taken for thf; abatement of property blight are not limited by this Chapter. Procedures and actions under this Title maybe utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property. -5- All property blight conditions which are required to be abated pursuant to the provisions and permit requirements of this Chapter shall be subject to al] provisions of this Code including, but not limited to building construction, repair or demolition and to all of property improvement, zoning and fire code provisions. 7-50.120 Civil Actions and Penalties. Nothing in this Article shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a blighted property, nor shall this Article in any way limit the City 's right to enforcement under any other provision of this Code or create a duty or obligation on the part of the City to enforce this Article. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section l 5061(b)(3) (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). 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. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the _ day of , 2007, and was adopted by the following vote following a second reading on the _ day of , 2007. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: CLERK OF THE CITY OF SARATOGA Saratoga, California -6- APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY -7- . SARATOGA CITY COUNCIL ( n ~.i~ MEETING DATE: May 2, 2,007 AGENDA ITEM: ORIGINATING DEPT: City Ma a er CLT'Y MANAGER: ~` ~G%~- ~~~.~ ~, i~~7, '~ PREPARED BY• ~'t~~ '~ ~PT HEAD: Barbara Powell, Assistant City Manager SUBJECT: Direction Concerning Agreement with Global Signal Acquisitions IV LLC/Crown Castle RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: On October 16, 1996, the City entered into a 10-year Communications Site Lease Agreement with Sprint Spectrum L.P. (Sprint) to locate and operate amobile/wireless communications facility at Congress Springs Park. In 2005, Sprint entered into a master lease with Global Signal Acquisitions IV LLC (Global Signal) to manage 6,000 of Sprint's cellular towers. To complicate matters further, in January 2007, Crown Castle acquired all of Global Signal's assets. The existing lease agreement between Sprint and the City has expired and is proceeding on a month-to-month basis. Crown Castle contacted the City and has proposed either: 1. A 50-year "Grant of Easement" for a purchase price of $230,000 (representing annual income to the City of $4,600 per year over the life of the easement); or 2. Extension of the existing lease agreement for a monthly rate of $1,500 a month, plus 25% of the revenue from future tenant leases on the cellular tower. The typical tenant lease rate would be $1,500/month, which would net the City an additional $375/month, (25°/> of $1,500) for a total of $1,875/month. Initially, the City would receive $18,000 annual income; with an additional tenant on the tower, the City would receive annual income of $22,500. r-~ L~ OPTIONS: Grant of Easement: Crown Castle International, the parent company of Global Signal, has entered into similar long-term easements with: • City of Chaska, Minnesota • City of Mapleton, Utah • City of New Carrollton, Maryland • City of Eastlake, Ohio • City of Watertown, Minnesota • City of Coldwater, Michigan According to Wendy Brecht, Crown Castle's representative, Crown Castle requires long- term leases from their cellular tower tenants, and in order to negotiate those loner term tenant agreements, Crown Castle needs to have long-term connnitments from their landlords (in this case, the City). It should be noted that if the tower site is no longer needed, the Grant of Easement is nullified. However, the City would retain the lump sum payment. Extension of Lease Agreement: Initially, the lease agreement proposed by Crown Castle would. provide annual income to the City of $18,000 ($1,500/month), with the potential for an additional $4,500 per year ($375/month) if another tenant is added to the tower, for a total of $22,500 per year. Site Lease Agreements negotiated in the recent past with T-Mobile (October 18, 2006) and MetroPCS (October 5, 2005) provide for lease rates of $1,800/month, representing annual income to the City of $21,600. According to Nls. Brecht, Crown Castle currently receives $1,445/month ($17,340/year) rent from Sprint. Maintenance, insurance and taxes are approximately $2,500/year. Crown Castle pays the City $1,423/month ($17,076/year) under the existing lease. Therefore, under the current lease agreement, Crown Castle is running an approximate deficit of $2,236/year [$17,340 - $17,076 = $264 - $2,500 = ($2,236)]. Comparison of Revenues Under Several Scenarios: A comparison of revenues that would accnie to the City fora 10-year period under four scenarios (long-terns grant of easement; monthly ].ease rate of $1,500; monthly lease rate of $1,500 + $375; monthly lease rate of $1,800) is provided below: Long-term $1,500/month $1.,875/month lease $1,800/month lease Easement lease rate rate rate (10 year ($1,500/month + (Current T-Mobile timeframe) 25% of new &MetroPCS rate) tenant's rent ) $46,000 $180;000 $225,000 $220,200 DISCUSSION: Grant of Easement: The City would receive an immediate lump-sum payment of $230,000 by entering into the long-term grant of easement; however, over time the City would receive significantly more revenue by entering into a new 10-year lease agreement. Lease Agreement: The City currently receives $1,800/month lease income from the T-Mobile and MetroPCS cellular towers at Congress Springs Park. Under the current lease agreement, Crown Castle represents they are rumzing a deficit by paying $1,423/month for the Sprint Tower/Congress Springs. Crown Castle is offering to pay the City $1,500/month, plus an additional monthly sum if another tenant is found for the Sprint Tower. If another tenant is not found for the Sprint Tower, the City would receive considerably less rental income per month than it currently receives for the T-Mobile and MetroPCS cellular towers. REQUESTED DIRECTION: Staff is requesting the following direction from the City Council: 1. Should the City enter into along-term easement with Crown Castle and receive a lump-sum payment now? 2. Alternately, should the City enter into a 10-year lease agreement with Crown Castle, and, if so, should staff negotiate parity with other more current comparable lease rates. FISCAL IMPACTS: Fiscal impacts would depend upon direction received from Council. The effect of entering into along-term easement would be to obtain a lump sum payment in the amount of $230,000. The effect of entering into a 10-year lease agreement would vary depending upon the agreed upon lease; rate. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The mobile/wireless communications facility at Congress Springs Park would be removed and the City would no longer receive lease proceeds for use of the site. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None SARATOGA CITY COUNCIL MEETING DATE: May 2, 2007 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD:f,~j~„~ _. SUBJECT: Guidelines and Standards for Land Use Near Streams as recommended by the Santa Clara Valley Water Resources Protection Collaborative RECOMMENDED ACTIONS: The Planning Commission recommends that the City Council approve the attached resolution (attached as Attachment A) adopting the Guidelines and Standards for Land Use Near Streams as recommended by the Santa Clara Valley'Water Resources Protection Collaborative. REPORT SUMMARY: Plannine Commission On April 25, 2007 the Planning Commission recommended approval of the Guidelines and Standards for Land Use Near Streams as recommended by the Santa Clara Valley Water Resources Protection Collaborative to the City Council with a 7-0 vote. Backeround and Summary Project applicants proposing development on parcels adjacent to certain watercourses in the City of Saratoga historically have been required by the Santa Clara Valley Water District (District) to obtain a permit from the District. The District reviewed permit applications and imposed conditions on the proposed development that would protect the adjacent watercourse in accordance with District standards. In 2003, the District, along with the County of Santa Clara, all fifteen municipalities in Santa Clara County, and a number of othE;r community, business, and environmental group stakeholders formed the Santa Clara Valley Water Resources Protection Collaborative (Collaborative). A complete list of Collaborative members is included as Attachment B. The purpose of the Collaborative was to accomplish the following goals: (1) identify and address typical issues associated with development next to streams; (2) develop clear, consistent guidance to property owners and developers about how to design and construct streamside 1 development projects in a way that protects streams and streamside resources; (3) clarify and streamline the permitting process for streamside property owners throughout the County; and (4) develop Guidelines and Standards for streamside developments that focus on local control of the permitting process for these lands. In 2005, the Collaborative produced its Guidelines and Standards for Land Use Near Streams (Guidelines). The Guidelines were revised in 2006. The revised Guidelines are attached as Attachment C. As a result of the collaborative process, the District withdrew its permitting program with the understanding that cities and the County would assume the responsibility for implementing stream protection programs. The District has adopted a resolution relinquishing its permitting authority as of March 1, 2007. In 2005, the City adopted a resolution committing to "make best efforts to incorporate the Guidelines and Standards and associated implementation tools into appropriate land use review processes by February of 2007." Resolution No. OS-074 (see copy in Attachment D). Proposed Guidelines and Standards for Land Use Near Streams Staff has reviewed the Guidelines to determine how best to incorporate them into the City's development review processes. The Guidelines were developed by the Collaborative to protect watershed resources in a consistent manner throughout the county, and were designed so that they could be easily incorporated into local agency land use planning and permitting processes. The measures and policies contained in the Guidelines are consistent with and in some cases build upon what the City currently requires of project applicants who request permits for development near streams. For proposed new construction and additions to existing structures, ,~ staff regularly works with property owners and their architects in applying existing General Plan policies, Residential Design Guidelines standards, and zoning ordinance requirements to protect the City's water resources. Based on current City practices and existing code requirements, staff is not recommending that the City's current ordinance be amended to make any of the Guidelines' practices mandatory. Instead, staff recommends that the City adopt the Guidelines as a reference tool to be used by staff when reviewing applications for discretionary development approvals on property adjacent to protected streams and creeks. This is the approach being used by Los Altos to implement the Collaborative's recommendations. The District has offered to provide ongoing technical assistance should the City desire it. Therefore, the City may route some applications to the District for comment. The District will not, however, issue permits for the activities proposed in these applications. Environmental Determination The proposed amendments and addition to the Code are Categorically Exempt from the Environmental Quality Act ("CEQA") pursuant California Code of Regulations, Title 14, Sections 15061(b)(3) and 15308. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is 2 no possibility that the activity in question may have a significant effect on the enviromment, the activity is not subject to CEQA. Moreover, actions taken by agencies to assure the maintenance, restoration, enhancement, or protection of the environment are exempt from the requirements of CEQA, as long as these actions do not relax standards and thereby allow environmental degradation. Because the adoption of the Guidelines would help the City to ensure that development projects in or near streams do not degrade water quality or otherwise cause any significant impacts on the environment, and because the adoption of the Guidelines does not relax any preexisting standards, this project is exempt from the requirements of CEQA. ALTERNATIVE ACTIONS: As an alternative, the City could elect not to adopt the Guidelines. This alternative would be contrary to the commitment made by the City in Resolution No. OS-074. Alternatively, the City could amend the City Code to require application of the Guidelines to require a specific streamside development permit comparable to that previously required by the District or to . otherwise require compliance with all or specific portions of the Guidelines. FISCAL IMPACTS: The implementation of the Guidelines will have minimal staff impact. FOLLOW UP ACTIONS: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: The agenda was properly posted for this meeting. ATTACHMENTS: Attachment A: Proposed Resolution for adoption by City Council. Attachment B: List of Collaborative Members. Attachment C: Guidelines and Standards for Land Use Near Streams. Attachment D: Staff Report from Community Development and Public Works, John F. Livingstone, AICP., Re: Santa Clara Valley Water Resources Protection Collaborative, December 7, 2005. 3 Attachment A Resolution Resolution No. City of :iaratoga City Council State of California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS OF THE WATER RESOURCES PROTECTION COLL.~sORATIVE FOR THE PROTECTION OF WATER RESOURCES WHEREAS, the City of Saratoga participates in the Santa Clara Valley Water Resources Protection Collaborative ("Collaborative") along with the Santa Clara Valley Water District ("District"), the County of Santa Clara, the cities of Santa Clara County, and others; and WHEREAS, the City joins the other members of the Collaborative in endorsing the water and watershed resource protection goals of flood management, maintaining drinking water quality and quantity, maintaining; surface and groundwater quality and quantity, and protecting and enhancing riparian habitat; and WHEREAS, the City is committed to furthering these goals through the development and implementation of a consistent, County-wide approach to streamside preservation; and WHEREAS, the Guidelines and Standards for Land Use Near Streams, which was developed by the Collaborative, is such a consistent, County-wide approach to streamside preservation; and WHEREAS, the District, the County, the City of Saratoga, and other Cities in the County through implementation of their National Pollutant Discharge Elimination System Permit, best management practices, and other means, have continuously acted to protect the watersheds and water quality in Santa Clara County; and WHEREAS, a key to resource protection is the consideration of resource protection goals in local land use planning, regulation, and permitting processes; and WHEREAS, land use planning, regulation, and permitting is primarily the responsibility of the cities and the County; and WHEREAS, the City of Saratoga understands that, as of March 1, 2007, the District will no longer review and issue permits for development of streamside properties other than development encroaching on lands held in fee or easement by the District; and WHEREAS, the City of Saratoga understands that the District will continue to provide technical assistance to the City in relation to the City's efforts to implement the Guidelines and Standards for Land Use Near Streams; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga does hereby: 1. Adopt the "Guidelines and Standards for Land Use Near Streams" of the Santa Clara Valley Water Resources Protection Collaborative; and 2. Direct that the "Guidelines and Standards for Land Use Near Streams" be applied to streamside developments in the City of Saratoga to the extent feasible and appropriate, and to the extent that the Guidelines and Standards are consistent with Saratoga's General Plan, Specific Plans, Design Guidelines and Zoning Ordinance; and , 3. Continue to participate in the Santa Clara Valley Water Resources Protection Collaborative on matters pertaining to water resources protection. " The foregoing resolution'was adopted by the following vote on the 2°d day of May, 2007. AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment B List of Collaborative Members LIST OF COLLABORATIVE PARTICIPANTS Stanley M: Williams Chief Executive Officer Santa Clara Valley Water District James M. Fiedler Chief Operating Officer Santa Clara Volley Water District Marc Klemencic Deputy Operating Officer Santa Clara Valley Water District Sharon Fierro Community Development Director City of Campbell Henry Louie City Engineer/ Public Works Director Town of Los Altos Hills Carl Cahill Planning Director Town of Los Altos Hills Tambri Heyden Planning Manager City of Milpitas Cathy R. Lazarus Director of Public Works City of Mountain View Carl Mosher Director of Environmental Services City of San Jose Ralph Qualls Public Works Director City of Cupertino James Porter Director of Public Works City of Los Altos John E. Curtis Director of Parks and Public Works Town of Los Gatos Gordon Siebert Director of Public Works/City Engineer City of Monte Serena Glenn Roberts Public Works Director City of Polo Alto Laurel Prevetti Deputy Director, Department of Planning, Building and Code Enforcement City of Son Jose Rick Smelser City Engineer City of Gilroy Carl Cahill Planning Director Town of Los Altos Hills David M. (Mike) McNeely City Engineer City of Milpitas Jim Ashcroft Public Works Director City of Morgan Hill July Caporgno Advance Planning Manager City of Palo Alto Rajeev Batra City Engineer City of Santo Clara Ann Draper Assistant Operating Officer Santa Clara Volley Water District Barbara Keegan Assistant Director of Public Works City of Sunnyvale Jenny Derry Executive Director Santo Clara County Farm Bureau James 1. Tucker Vice President San Jose Silicon Valley Chamber of Commerce Brenda Torres- Barreto Executive Director Santa Clara Valley Audubon Society John Cherbone Public Works Director City of Saratoga USERS MANUAL Bill Shoe Principal Planner County of Santa Clara Trudi Ryan Planning Officer City of Sunnyvale Shin-RoeiLee So Bay Watershed Management Division SF Bay Regional Water Quality Control Board Lawrence Johnmonn Board Member Guadalupe- Coyote Resource Conservation District Beverly Bryant Home Builders Association of Northern California MargareT V. Bruce Director of Environmental Programs Silicon Valley Manufacturing Group Trish Mulvey Co-Founder CLEAN South Bay Michael Houlihan Families for Fair Government Ann Coombs The League of Women Voters of Santa Clara County USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS 111 Attachment C Guidelines and Standards for Land Use Near Streams