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HomeMy WebLinkAbout01-24-2001 Planning Commission Packet CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, January 24, 2001 - 7:30 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Rott CALL: Chairman Page, Commissioners Barty, Kurash, Patrick, and Roupe ABSENT: Commissioners Jackman and Bernald STAFF: Interim Director Kaplan, Planner Connolly, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE ~'-` MINUTES -Study Session minutes from January 10, 2001 and Regular Meeting minutes From January 10, 2001. ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Go~~ernment Code 54954.2, the agenda for this meeting was properly posted on January 19, 2001. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR PUBLIC HEARINGS ' All interested persons may appeaz and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing in court, you may be limited to raising only those issues you or someone else raised at the public heazing(s) described in this agenda, or in written correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Thursday before the meeting. 1. DR-00-036 ~ UP-00-018 (397-05-091) -SAN FILIPPO, Sobey Road; -Request for Design Review approval to construct a new 5,312 square foot two- story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is located within a R-1-40,000 zonin~ district. (CONTINUED 5-0 TO 3/14/01) PLANNING COMMISSION AGENDA PAGE 2 JANUARY 24, 2001 2. DR-00-052 (397-07-018) - MAESUMI, 15171 Maude Avenue; -Request for Design Review approval to demolish an existing single story residence and two accessory structures totaling 3,100 square feet, and construct a new 5,235 square foot single story residence with 2,486 square foot basement. Maximum height of the structure is 24 feet tall, located on a 33,105 square foot parcelwithin a R-1-40,000 zoning district. (APPROVED 3-2, KURASH AND BARRY OPPOSED) DR-00-047 (503-23-041) - SHAHBAZI,14231 Burns Way; -Request for Design Review approval fora 1,325 square foot single story addition, and Variance approval to allow the enclosure of an existing porch located in the rear yard setback. The 10,290 square foot parcel is locatedwithin a R-1-12,500 zoning district. Maximum height of the structure will be 17 feet tall. (APPROVED 5-0) 4. SD-00-001, DR-00-011, BSE-00-012 ~ V-00-018 (517-OS-008 ~ 016) - TRAFALGAR, 14612 Big Basin Way &r 20717 St. Charles Street; Request for Vesting Tentative Subdivision Map approval for the subdivision of a 22,582 net square foot site into six lots ranging in size from 1,756 square feet to 2,489 square feet and two additional common area lots. The proposal calls for demolishing four existing residences with garages totaling 4,595 square feet and 1,000 square feet of retail space that includes a second story flat. Five new 2,686 to 3,030 square foot townhouses, including garages and basements would be constructed. Additionally, 1,316 square feet of retail space with a second story condominium would face Big Basin Way. The front portion of the project would have access from Big Basin Way and the rear townhouses from St. Charles Street. The Big Basin Way half is zoned CH-2 and the St. Charles Street half is zoned R-M- 3000. The Planning Commission will take testimony, discuss the proposed project and continue the item for a Public Hearing and final action at a later date. (CONTINUED 5-0 TO 2/14/01) DIRECTOR ITEMS COMMISSION ITEMS Oak Street Demolition COMMUNICATIONS Written -Saratoga City Council Minutes from December 12, 2000 and January 3, 2001. ADJOURNMENT AT 11:17 TO NEXT MEETING Wednesday, February 14, 2001 Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION LAND USE AGENDA DATE: Tuesday, January 23, 2001- 3:00 p.m. PLACE: City Hall Parking Lot,13777 Fruitvale Avenue TYPE: Land Use Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR WEDNESDAY, JANUARY 24, 2001 ' • ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. DR-00-036 2. DR-00-052 3. SD-00-001, DR-00-011 &z BSE-00-012 - MAESUMI Item 2 15171 Maude Avenue • 4. DR-00-047 - SAN FILIPPO Item 1 Sobey Road - TRAFALGAR Item 4 14612 Big Basin Way - SHAHBAZI Item 3 14231 Burns Way LAND USE COMMITTEE The Land Use Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties which are new items on the Planning Commission agenda. The site visits are held Tuesday preceding the Wednesday hearing between 3:00 and 5:00 p.m. It is not necessary. for the applicant to be present, but you are invited to join the Committee at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. w CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, January 24, 2001 - 7:30 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL PLEDGE OF ALLEGIANCE MINUTES -Study Session minutes from January 10, 2001 and Regular Meeting minutes from January 10, 2001. ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 19, 2001. TECHNICAL CORRECTIONS TO PACKET' CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing in court, you may be limited to raising only those issues you or someone else raised at the public heazing(s) described in this agenda, or in written correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Thursday before the meeting. DR-00-036 &z UP-00-018 (397-05-091) -SAN FILIPPO, Sobey Road; -Request for Design Review approval to construct a new 5,312 square foot two- story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is locatedwithin a R-1-40,000 zoning district. 4 • PLANNING COMMISSION AGENDA JANUARY 24, 2001 PAGE 2 DR-00-052 (397-07-018) - MAESUMI, 15171 Maude Avenue; -Request for Design Review approval to demolish an existing single story residence and two accessory structures totaling 3,100 square feet, and construct a new 5,235 square foot single story residence with 2,486 square foot basement. Maximum height of the structure is 24 feet tall, located on a 33,105 square foot parcel within a R-1-40,000 zoning district. 3. DR-00-047 (503-23-041) - SHAHBAZI,14231 Burns Way; -Request for Design Review approval fora 1,325 square foot single story addition, and Variance approval to allow the enclosure of an existing porch located in the rear yard setback. The 10,290 square foot parcel is located within a R-1-12,500 zoning district. Maximum height of the structure will be 17 feet tall. 4. SD-00-001, DR-00-011, BSE-00-012 &t V-00-018 (517-08-008 &r 016) - TRAFALGAR,14612 Big Basin Way &r 20717 St. Charles Street; Request for Vesting Tentative Subdivision Map approval for the subdivision of a 22,582 net square foot site into six lots ranging in size from 1,756 square feet to 2,489 square feet and two additional common area lots. The proposal calls for demolishing four existing residences with garages totaling 4,595 square feet and 1,000 square feet of retail space that includes a second story flat. Five new 2,686 to 3,030 square foot townhouses, including garages and basements would be constructed. Additionally, 1,316 square feet of retail space with a second story condominium would face Big Basin Way. The front portion of the project would have access from Big Basin Way and the rear townhouses from St. Charles Street. The Big Basin Way half is zoned CH-2 and the St. Charles Street half is zoned R-M- 3000. The Planning Commission will take testimony, discuss the proposed project and continue the item for a Public Hearing and final action at a later date. DIRECTOR ITEMS COMMISSION ITEMS Oak Street Demolition COMMUNICATIONS Written -Saratoga City Council Minutes from December 12, 2000 and January 3, 2001. ADJOURNMENT TO NEXT MEETING Wednesday, February 14, 2001 Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA MINUTES SARATOGA PLANNING COMMISSION STUDY SESSION & INFORMAL REVIEW OF SAINT ANDREW'S MASTERPLAN DATE: Wednesday, January 10, 2001 PLACE: Conference Room, City Hall, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Study Session Chairman Page called the meeting to order at 6:24 p.m. ROLL CALL Present: Commissioners Bernald, Jackman, Patrick and Chairman Page Absent: Barry, Kurasch and Roupe (excused) Staff: Planner Mark Connolly Guests:Mr. Harry McKay, Head of Saint Andrew's School Rev. Ernest Cockrell, Rector of Saint Andrew's Church Dr. Harley Bragg, Trustee of Saint Andrew's School Mr. Robb Kundtz, Trustee of Saint Andrew's School Mr. Eric Doud, Architect, Designworks Ms. Rebecca Coffman, Architect, Designworks INTRODUCTIONS Mr. Harry McKay introduced the Saint Andrew's delegation to the Commission and advised that they are currently at a concept visionary stage for their expansion and remodel. STATEMENT OF INTENT Rev. Ernest Cockrell, Rector, Saint Andrew's Church: • Advised that he came to Saint Andrew's in 1992. At that time he noticed that everything was run down and that they were running out of parking and space. • Added that they have developed a Strategic Plan 2001. • Informed that with the space they have, they cannot meet programs due to space limitations. • Said that with this renovation, they will have a first class educationaUparish situation. Mr. Harry McKay, Head of Saint Andrew's School: • Advised that Saint Andrew's School is 40 years old and that the classroom size is inadequate per today's standards. Additionally, the library is undersized. • Said that it is not their intention to increase enrollment. • Admitted that there is a traffic issue and that Saratoga Avenue is tied up in the morning. • Said that with their remodel, they will meet current Building Code and State school standards. • Advised that instead of tearing down, they plan to refurbish their buildings. • Said that they have brought conceptual drawings forth this evening to show the Commission in hopes of obtaining initial feedback. Minutes of Planning Commission Study Session on January 10, 2001 Page 2 Informal Review of Saint Andrew's Masterplan DESIGN APPROACH Ms. Rebecca Coffinan, Architect, Designworks, 1061 Miller Avenue, Berkeley, CA 947008: • Advised that Designworks has been working with Saint Andrew's for the last two years and that she has learned a bit about Saratoga in that time. • Said it is their approach to bring architecture into education. One example is to bring meters into classrooms so that students can track consumption of energy and other resources. • Added that they look forward to any feedback possible by the Commissioners. Commissioner Bernald advised that she serves on the Library Expansion Committee. The Committee will bring plans to Council on January 17, 2001. Added that the conceptual plans and a model are on display at the Library now. Said that the expansion of the Library will make in impact on that corner. Commissioner Patrick reminded that Sacred Heart has recently begun a small expansion too. Ms. Rebecca Coffinan said that they would be more than happy to meet again with the Commissioners prior to their formal submittal of plans. Added that they are looking at a May submittal. Commissioner Jackman asked what the school's enrollment is at the present time. Mr. Harry McKay replied that they have 456 students. Added that they have shown their plans to some of the adjacent property owners. MASTERPLAN CONCEPT Mr. Eric Doud, Architect, Designworks, 1061 Miller Avenue, Berkeley, CA 947008: • Advised that the existing sanctuary is visible from Saratoga Avenue. • Added that there is a one-story slope from the street to the back of the property so that the buildings appear to be single-story as seen from the street but are actually two-story. • Advised that these buildings are structurally sound and will be retained. • They plan to add some sensitive additions to the site. • The sanctuary will remain the dominant element on the site as it sets the tone and has the most important place. What is needed is a relationship between the sanctuary and the parish hall. They propose to remove an existing temporary classroom and replace it with a small fellowship hall and small nursery. • One proposal is to add a peel of bells, which could be rang on Sundays and would provide a visible entrance to the site. • There will be a covered walkway linking the three elements (sanctuary, hall and school). Additionally, linkage to the sidewalk, by extending the walkway to the street, is planned. • The clergy offices will stay where they are currently. • The principal new element is the library. It would be developed as a two-story facade with the second story over the area on grade. • Currently, there are six classrooms of approximately 600 square feet in size. These classrooms will be reconfigured to bring them into State compliance so that there are four classrooms, each with approximately 800 square feet. The reconfiguration will allow better ventilation and added light. Minutes. of Planning Commission Study Session on January 10, 2001 Page 3 Informal Review of Saint Andrew's Masterplan Commissioner Bernald inquired about the addition of an elevator. Mr. Eric Doud, Architect, replied that they were trying to find space for it. Commissioner Bernald cautioned that they would be required to have an elevator. Mr. Eric Doud, Architect, continued: • Said that the new Administration building would be two levels and that the new gym is critical-to the provision of overall programming for school and church programs such as after school programs. • They are proposing a second layer of parking over the current parking. They would accomplish this by dropping the grade level of the existing parking and placing a second level of parking at street level. Commissioner Patrick sought clarification as to what structures will be new. Mr. Eric Doud replied the gym, two flanking buildings, the library projection, the administration building and the meeting rooms above the clergy offices. Commissioner Patrick asked what the two white spaces are on the conceptual drawings of the parking lot. Mr. Eric Doud advised that those are the up and down ramps. Commissioner Patrick inquired whether the buildings would have air conditioning. Mr. Eric Doud replied that the buildings would all be brought up to higher energy compliance. The existing mechanical systems are from the 1960's. They plan to double glaze and meet ADA compliance. Rev. Ernest Cockrell added that they would also be building in security. Commissioner Jackman asked about circulation to Highway 85. Mr. Eric Doud replied that the site circulation would stay the same. Ms. Rebecca Coffman, Architect, added that a traffic study would be done after West Valley College is back in session. Added that the City is looking at synchronizing the traffic lights in the area. Mr. Harry McKay advised that he has been participating on a Task Force formed by Council to address the traffic issue on Saratoga. Commissioner Jackman stated that she likes the concept of stacking parking. Commissioner Patrick said that there might be two concerns with the idea of stacking the parking. The cost and safety. Minutes of Planning Commission Study Session on January 10, 2001 Page 4 Informal Review of Saint Andrew's Masterplan Commissioner Bernald advised that the library has had problems with people living on the library parking lot. Rev. Ernest Cockrell said that the proposed bell tower would be designed with slats so that the bell ringers can practice without bothering the neighbors. Commissioner Patrick warned that noise would be a problem with the neighbors. Added that she was not sure about the proposal to create atwo-story facade and whether that concept will be well received. Added that the single-story facade was deliberate. Suggested decreasing the parking for more greenery. Rev. Ernest Cockrell advised that they plan to plant trees and that he would like to see flowers too. Mr. Harry McKay asked Commissioner Bernald if the library expansion includes additional parking. Commissioner Bernald replied that the parking would increase from 92 spaces to 162. Rev. Ernest Cockrell advised that they run out of parking every Sunday even though they have 200 spaces. Mr. Harry McKay advised that the parking is no problem for the school use except for special evens. Chairman Page advised that the placement of the play field may cause concerns from the adjacent neighbors. Ms. Rebecca Coffinan, Architect, advised that Mrs. Jorganson, the adjacent neighbor, has expressed her support for the placement of the gym, as it will screen visibility of the parking area from her home. Chairman Page advised the group that three of four of the Commissioners present this evening have terms that expire in April. Mr. Harry McKay advised that they would be happy to come back again to meet with any other Commissioners as necessary. Commissioner Patrick suggested improving the pedestrian access on site. Mr. Eric Doud suggested a shared parking arrangement with the library although getting across Saratoga might be a problem. Commissioner Jackman asked the Saint Andrew's group when they would be back. Ms. Rebecca Coffman, Architect, replied that they will first be articulating the elevations and creating a photo essay. Commissioner Bernald asked if the church's architecture would be echoed with the new buildings. • Minutes of Planning Commission Study Session on January 10, 2001 Page 5 Informal Review of Saint Andrew's Masterplan Mr. Eric Doud, Architect, replied yes. Said that perhaps not all materials would be the same but that they are open to suggestions. Commissioner Jackman said that the sanctuary roof is very attractive. Ms. Rebecca Coffinan, Architect, said that they are putting out concepts. Included are the ideas for tiered parking, flanking the sanctuary and the two-story gym (with just one story exposed). More architectural details and materials will be provided to the Commission at a future meeting. Commissioner Jackman warned that she could hear the complaints about the bell tower already. Rev. Ernest Cockrell assured that there would be strict limits as to when the bells could be used. Chairman Page replied, "that's right, there will!" Ms. Rebecca Coffinan, Architect, added that an acoustical consultant would be retained to evaluate the noise impacts of the project. ADJOURNMENT Chairman Page adjourned the meeting at 7:15 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn Minutes Clerk • • • r MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, January 10, 2001 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chairman Page called the meeting to order at 7:42 p.m. ROLL CALL Present: Commissioners Bernald, Jackman, Kurasch, Patrick, Roupe and Chairman Page Absent: Barry (excused) Staff: Planner Mark Connolly PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -December 13, 2000. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Roupe, the Planning Commission minutes of December 13, 2000, were approved (6-0-1; Commissioner Barry was absent) with minor corrections as follows (deleted language stricken, new language underlined): • Page 3 -Commissioner Kurasch expressed.... Added that {nassi~g mass and bulk is more evident on one side of the structure than the other. • Page 12 - (4-3; Commissioners Bey Bernald, Jackman and Chair Page voted against). • Page 14 -Commissioner Bernald... Added that the design of the enclosed porch is in keeping with this Julia Morgan roofline and allows reasonable use of the structure. However, she agreed that the covered porch entry is not in keeping with the design but could support the project nevertheless. S~a~ed-leer ~~ • Page 14 -Motion: Upon motion of Commissioner Barry, seconded by Commissioner Jackman, the Commission approved V-00-017 to grant a Variance that includes all existing square footage in the structure. (-7~-A} ~~ Commissioner Kurasch voted against) ORAL COMMUNICATIONS There were no oral communication items. REPORT OF POSTING AGENDA Mr. Mark Connolly, Planner, announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 5, 2001. Saratoga Planning Commission Minutes of January 10, 2001 Page 2 TECHNICAL CORRECTIONS TO PACKET Mr. Mark Connolly, Planner, provided the following technical corrections to the packet: • Item No. 1 -The maximum FAR is 3,040. One gas fireplace is included. Condition No. 17 is not applicable and should be stricken. • Item No 3 -The year on page nine of the Resolution should read 2001. On page 13, the numbering of the conditions omits No. 4. The conditions will be properly renumbered. • Item No. 4 -The address for this project is incorrect in the report and should read 14700. The fact that the proposed new structure is a two-story also should be added to the description. This project incorporates three gas fireplaces and one wood-burning fireplace. Commissioner Bernald inquired whether all public noticing was correct for these projects. Mr. Mark Connolly, Planner, replied yes. Commissioner Kurasch pointed out that for Item No. 5 the number of stories is also not specified in the staff report. Asked if this project was properly noticed. Mr. Mark Connolly, Planner, replied that Item No. 5 was properly noticed as a two-story structure. PUBLIC HEARING -ITEM NO. 1 DR-00-050 (517-09-025) - NAZZAL/KENNEDY, 14499 Oak Street: Request for Design Review approval to demolish an existing 2,020 square foot two-story residence and construct a new 2,873 square-foot two-story home in its place. Maximum height of the structure will be 26 feet tall. The property is 8,200 square feet in size and is located within an R-M zoning district. Mr. Mark Connolly, Planner, presented the staff report as follows: • Stated that this project seeks approval for the demolition of an existing 2,020 square foot two-story single family residence and the construction of a 2,873 square foot two-story residence. The maximum height will be 26 feet. The Heritage Preservation Commission reviewed this project, although it is not include on the register, and recommended two Conditions of Approval. One, that the construction plans be reviewed and approved by the HPC. Second, that the HPC has the opportunity to review the color and material boards. Commissioner Roupe asked if the existing structure on this site has already been demolished and if so what approvals were necessary prior to the demolition. Mr. Mark Connolly, Planner, advised that usually a demolition is not allowed prior to the approval of plans. In this case, the demolition was approved by staff in advance of final plan approval. Commissioner Roupe asked if the basement light well meets setback requirements. Mr. Mark Connolly, Planner, advised that per the UBC (Uniform Building Code), the light well can encroach on the setbacks. Commissioner Roupe stated that while the report states that the average site slope is two percent, the site seems to exceed atwo- percent slope. Saratoga Planning Commission Minutes of January 10, 2001 Page 3 Mr. Mark Connolly, Planner, advised that the slope for the building pad site is two percent while the slope for the entire site is nine percent. Chairman Page advised the Commission that Commissioner Jackman is recusing herself from consideration of this application as it is located near her own property. Commissioner Jackman stepped down from the dais. Commissioner Bernald inquired about the purpose of the light wells. Mr. Mark Connolly replied that the light wells provide light and ventilation for the basement level. They are limited to 36 inches in depth. Commissioner Patrick pointed out that according to page four of the plans, the basement has a light well with egress stairs on both the west and east sides while on page two of the plans it shows egress on one side and not the other. Mr. Mark Connolly clarified that the stairwell depicted on the west side is incorrect and will be removed from the building plans. He added that the applicants have worked with staff. Staff has limited the applicant to single family standards although the property is zoned for multiple family residential. The surrounding area is all single family. Chairman Page opened the Public Hearing No. 1 at 8:03 p.m. Mr. James Kennedy, Applicant, 540 N. Santa Cruz Avenue, Los Gatos: • Advised that this project has been revised three times and that he has worked extensively with staff. • Agreed that asingle-family residence fits better on this street. • Said that he went below the allowable FAR, as he did not want too much bulk and mass. • Added that they have kept the second story small and did include a basement. • Asked for a change in building material from siding to stucco. Commissioner Patrick asked Mr. Kennedy whether the Heritage Preservation Commission had the opportunity to see the existing home on this site prior to its demolition. Mr. James Kennedy replied that he was uncertain whether the HPC had seen the structure prior to its demolition. Commissioner Patrick asked whether the fireplace would be gas or wood burning. Mr. James Kennedy advised it would be gas. Commissioner Roupe pointed out that this proposal at 2,873 is less than the maximum allowable FAR of 3,040. Mr. Dave Sorensen, 14493 Oak Street, Saratoga: • Advised that his property is to the east of this site. • Stated his main concern is an oak tree located at the rear of the property. Saratoga Planning Commission Minutes of January 10, 2001 Page 4 • Inquired about proposed fencing and stated his preference for a landscape buffer over asix-foot high redwood fence. Commissioner Bernald inquired what separates the properties now. Mr. Dave Sorensen replied that there is nothing there now. Mr. John Allen, 14500 Oak Street, Saratoga: • Said that he lives across the street and is glad that this project is not amulti-family project. • Added that his only request is that cultured rather than flat stone be used on the facade. Commissioner Bernald asked Mr. Allen about his preference between stucco and wood siding. Mr. John Allen advised that he is not opposed to stucco. Said that he prefers a more natural facade for the lower three feet or so with stucco above that point. Chair Page asked Mr. James Kennedy what sort of stone he planned to utilize on the facade. Mr. James Kennedy advised that he is flexible. He was considering washed river rock or perhaps brick. Commissioner Kurasch suggested that more articulation should be added on the front facade. Mr. James Kennedy said that just using siding is monotonous. A stucco and siding combination is preferable. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Bernald, the Public Hearing for Agenda Item No. 1 was closed at 8:12 p.m. (5-0-1-1; Commissioner Barry was absent and Commissioner Jackman abstained) Commissioner Patrick stated her opposition to stucco, saying that she prefers the use of wood siding with river rock. Expressed her concern that the original building was demolished prior to the Heritage Preservation Commission's review. Added that she found the west elevation to be very blank. Commissioner Bernald stated her concurrence with Commissioner Patrick's comments with the exception to her concerns about the west elevation. Commissioner Roupe said that he supports this project overall and does share the concern over this building being demolished so early in the process. Suggested adding a condition that a landscaping program be developed between the applicant and the neighboring property owner to the east. Commissioner Kurasch concurred with the comments made by Commissioner Roupe. Added that she does not see brick as being compatible and that river rock would be more consistent with the house and the neighborhood. Suggested a wainscoting effect using river rock below and wood siding above. Chairman Page concurred. Added that no stucco should be used. Asked staff to provide a Director's Item at the next meeting with an explanation on how the demolition approval occurred in this situation. Saratoga Planning Commission Minutes of January 10, 2001 Page 5 Motion: Upon motion of Commissioner Bernald, seconded by Commissioner Patrick, the Commission approved DR-00-050 with the following conditions: • Use of a combination of river rock and wood siding rather than stucco; • Development of a landscape plan together with staff and the adjacent neighbor to the east; and • Limiting any fireplace(s) to gas. (5-0-1-1; Commissioner Barry was absent and Commissioner Jackman abstained) Chairman Page advised that there is a 15-day appeal period. Commissioner Jackman rejoined the Commission for Agenda Item No. 2. PUBLIC HEARING -ITEM N0.2 *** DR-00-048 (510-06-014) - ONG, 19051 Austin Way: Request for Design Review approval to demolish an existing 3,855 square foot single-story residence and construct a new 6,393 square foot two-story residence with a 1,198 square foot basement. The subject parcel is 62,291 ~ square feet. Maximum height of the structure will be 24 feet tall. The subject parcel is located in an R-1-40,000 zoning district. Mr. Mark Connolly, Planner, presented the staff report as follows: • Advised that this application seeks approval to demolish a 3,855 square foot single-story structure and construct a new 6,393 square foot two-story structure with a maximum height of 24 feet. The site is 62,291 square feet and the zoning is R-1-40. The Arborist has recommended the preservation of as many trees on site as possible. The light wells will be limited to 36 inches. There is access to the site from Highway 9. A neighbor has written to request that the Highway 9 access be used during construction. However the City has a policy of not accessing off of a major arterial if another access is available. Advised that this project meets all requirements. Commissioner Bernald asked whether the lowering of the entry element is reflected in the plans. Mr. Mark Connolly, Planner, replied that the entry is now three feet lower than the original plans. Commissioner Bernald asked why the three chimneys have spark arresters if the fireplaces are not all wood burning. Mr. Mark Connolly said that he would have to defer to the architect and/or applicant. Chairman Page stated that the tree report does not include all the trees on the site. Mr. Mark Connolly said that there are 27 trees on the property in total. Commissioner Roupe stated that it appears that a new 1,100 square foot basement will be added. The staff report states that there is an existing basement when there is not one. Asked staff to please • include any basement square footage in future staff reports. Saratoga Planning Commission Minutes of January 10, 2001 Page 6 Commissioner Patrick stated that the light wells are bigger than allowed and suggested adding to the Conditions of Approval language that clearly states that light wells "shall not exceed 36 inches." Mr. Mark Connolly, Planner, advised that this restnction is not a Code issue but rather a Director s standard. The standard has been established to prevent large terraces from being installed, which would present atwo-story element rather than a hidden basement. Chairman Page opened Public Hearing No. 2 at 8:29 p.m. Mr. Con Ong, Property Owner/Applicant, 19051 Austin Way, Saratoga: • Made himself available for any questions. Commissioner Roupe inquired whether it might be possible to eliminate the bay window effect from the basement. Mr. Scott Stottler, Stottler Design Group: • Advised that the stairway in the light well is three feet wide. The light well provides ventilation, light and emergency egress. Said that the design would not work with the elimination of the bay window, as it would impact the floorplan above. Added that the use of steps is safer than the use of a ladder feature from the light well. Commissioner Bernald asked why the three chimneys have spark arresters. Mr. Scott Stottler advised that there are three fireplaces, one wood burning and two gas. The detail used on the plan is a common detail. Assured that they will revise the plans to depict only one wood- burning fireplace with spark arrester on.its chimney. Commissioner Patrick cautioned that she did not believe that wrap around stairs are safe within the light well. Mr. Scott Stottler assured Commissioner Patrick that the Code requirements would be met including the use of tempered glass wherever necessary. Reiterated that the light well serves the function of providing light as well as egress. Mr. Raymond Nasmeh, Applicant's Representative, 12029 Saratoga-Sunnyvale Road, Saratoga: • Advised the Commission that tempered glass will prevent any potential injury from the use of the light well stairway. Chairman Page asked how utilities enter this property. Mr. Scott Stottler advised he could not answer this question and the project engineer is not present this evening. Mr. Tom Keeble, 19041 Austin Way, Saratoga: • Advised that his letter has been misunderstood. He is only asking that access to the site occur from Highway 9 during demolition and construction in order to prevent damage to mature landscaping and the surface of the road. Added that garbage collection regularly accesses this site from Highway 9. Saratoga Planning Commission Minutes of January 10, 2001 Page 7 • Inquired about the status of a large Redwood tree on the property and whether it would be retained. • Asked that the allowable hours of construction be made clear to the contractor. • Said that he had no problems with the design of this home. Chairman Page advised that any trees removed would have to be replaced. Asked if Mr. Keeble has any objection to the use of stucco on this home. Mr. Tom Keeble replied that he had no problem with the use of stucco and that it was appropriate for this home. Mr. Mark Connolly said that nothing would preclude construction access from the Highway 9 access to the property. Commissioner Roupe advised that as Highway 9 is a State roadway, it is not clear whether use for construction access would be permitted by the State. Mr. Raymond Nasmeh, 12029 Saratoga-Sunnyvale Road, Saratoga: • Stated that not all access can occur off of Highway 9. Commissioner Bernald asked Mr. Nasmeh what his role is in this application since he is a Real Estate Agent. Mr. Raymond Nasmeh advised that he makes it a practice to help his clients through the City approval process. Mr. Mike Garakani, 19061 Austin Way, Saratoga: • Said that he like the architecture. • Expressed concern about use of Austin Way for 18-wheel vehicles. • Added that the Redwood tree on this property is huge and would likely have to be removed, as it appears to be located directly where the new home will be constructed. Mr. Raymond Nasmeh advised that the large Redwood tree would be preserved. Mr. Tom Keeble asked if an insurance bond could be required for the road. Chairman Page advised that such a bond would be required. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Bernald, the Commission closed Public Hearing No. 2 at 8:52 p.m. (6-0-1; Commissioner Barry was absent) Commissioner Bernald expressed concern over the rear elevation, the wrap-around stairwell, the need to protect trees, the entry feature and the missing pages in the tree report. Chairman Page agreed and recommended a continuance to allow for more complete drawings and information. Saratoga Planning Commission Minutes of January 10, 2001 Page 8 Commissioner Roupe agreed. He added that someone should also look into the feasibility of Highway 9 access to site during demolition and construction. Stated that the information provided is insufficient. Commissioner Kurasch agreed with the recommendation for a continuance. Said that the Arborist's report is a problem. Agreed that low-lying limbs on neighboring trees can be impacted by this project during construction access. Commissioner Jackman agreed that more detail is necessary, including the feasibility of accessing the site via Highway 9. Said that the entrance of the driveway from Austin Way might have to be moved in order to save a large oak tree. Commissioner Patrick concurred. Stated her unhappiness with the plans in that they are not clear. Said that she will not approve the light well design as presented. Said that she did not believe that it would be a good idea to access the site from Highway 9. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Kurasch, the Commission continued consideration of DR-00-048 to a date uncertain. (6-0-1; Commissioner Barry was absent) *** PUBLIC HEARING -ITEM N0.3 ~~ UP-00-014 & DR-00-053 (386-35-069) -CHURCH OF THE ASCENSION, 12033 Miller Avenue: . Request for Use Permit and Design Review approval for the demolition of an existing 2,568 square foot, single-story Church of the Ascension parish office building and the construction of a new approximately 3,000 square foot single-story office building in the same location. Additionally, two temporary modular office units have been requested south of the church sanctuary and 45 feet north of Ascension Drive. They will be removed following construction of the new church office. The site is 7.24 acres and is zoned R-1-10,000. Mr. Mark Connolly, Planner, presented the staff report as follows: • Advised that this proposal includes the demolition of a 2,567 square foot office building and the construction of a 3,000 square foot replacement building. The project will include the addition of six parking spaces. The applicants also seek approval for the placement of two modular units on the south side of the church to be removed following the completion of construction. The subject parcel is seven acres. Advised that staff can make findings to support this project and recommends approval. Chairman Page asked whether the church has an existing Use Permit Mr. Mark Connolly, Planner, replied yes. Commissioner Kurasch asked whether any new uses are proposed that would generate additional traffic. Mr. Mark Connoll Planner advised that this is actuall a ve small y, y ry addition and rt will have not impact on traffic. The additional parking spaces are to support existing uses. Saratoga Planning Commission Minutes of January 10, 2001 Page 9 Mr. Jack Christensen, Architect, stated he was available for questions. Commissioner Jackman questioned why only a half basement is proposed instead of a full basement. Mr. Jack Christensen replied cost. Commissioner Patrick pointed out that neighbors have written to request that the temporary units be located 200 feet to the south, closer to Prospect Avenue. Asked why the proposed placement was selected. Mr. Jack Christensen replied that there is power available on that side and restrooms are conveniently located. This placement is the most appropriate. Mr. Don Johnson, 19997 Seagull Way, Saratoga: • Advised that he is a 27 year resident of Saratoga. • Said that the location for the trailer placement was made because it is the simplest and easiest to run power to this location. Placement elsewhere on site creates concerns about cost. • Said that these office buildings will not have restrooms and three people will work from them five days a week. They will be able to access the restrooms in the adjacent church. • Added that there will be no use of these modular buildings after 5 p.m. They will only be used for office use. • Additionally, by placing the modular buildings in this location, there will be minimum repairs to the site required upon their removal. • Said that he had the opportunity to speak with four of the five neighbors who wrote to the City. They have no real hard feelings but rather are just concerned. One concern expressed with the temporary property value impact. Added that existing landscaping will well screen these trailers but that they could put in additional screening if necessary. Chairman Page asked how power would be provided to the modular buildings. Mr. Don Johnson replied that the termination would be from the main junction box in the church over to the trailers. Commissioner Kurasch asked how long the modular buildings would be on site. Mr. Don Johnson replied that construction would begin in June and take approximately 10 months. Commissioner Kurasch suggested including an end date for the use of the modular buildings. Mr. Jack Christensen cautioned that it is difficult to construct anything on a firm time line. Assured that as soon as occupancy of the new office building occurs, these temporary trailers will be removed from the site. Commissioner Kurasch asked if Mr. Christensen could recommend a maximum amount of time for the placement of these modular buildings on the site. Mr. Jack Christensen said that as long as an extension could be granted if necessary. Saratoga Planning Commission Minutes of January 10, 2001 Page 10 Motion: Upon motion of Commissioner Bernald, seconded by Commissioner Kurasch, the Commission closed Public Hearing No. 3 at 9:10 p.m. (6-0-1; Commissioner Barry was absent) Commissioner Roupe stated that he had no problem with this application but that perhaps the trailers could be oriented in another direction or painted some innocuous color, preferably an earth tone. Commissioner Kurasch stated that she had no other objections but felt there might be an advantage to having an expiration date for use of the modular office trailers. Mr. Mark Connolly advised that such a deadline could be incorporated into the Conditions of Approval. Commissioner Kurasch suggested that the applicants work with the neighbors on the placement of the temporary units. Commissioner Jackman said that the church would push the project along. Said that placing the temporary units closer to Prospect would be unsightly. The proposed placement is more obscured by screening. Said that this is a good project. Commissioner Patrick said that she had no objection but was sorry to see the farmhouse go. Commissioner Bernald and Chair Page concurred. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Bernald, the Commission approved UP-00-014. (6-0-1; Commissioner Barry was absent) Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Patrick, the Commission approved DR-00-053. (6-0-1; Commissioner Barry was absent) Chairman Page advised that there is a 15-day appeal period. *** PUBLIC HEARING -ITEM N0.4 DR-00-049 (517-08-024) -HUNTER, 14700 St. Charles Street: Request for Design Review approval to demolish an existing 1,427 square foot single-story residence and construct a new 2,707 square foot two-story residence with a 1,020 square foot basement. Maximum height of the proposed structure is 22 feet tall. The property is 7,261 square feet in size and is located within an R-1-10,000 zoning district. Mr. Mark Connolly, Planner, presented the staff report as follows: • Advised that this is an application for the demolition of a 1,427 square foot single-story residence and construction of a 2,707 square foot two-story residence with a 1,020 square foot basement on a 7,261 square foot site. This proposal fits in the area architecturally and staff is recommending approval. The project meets all zoning requirements. • • Saratoga Planning Commission Minutes of January 10, 2001 Page 11 Commissioner Roupe asked whether the Heritage Preservation Commission had made comments on this project. Mr. Mark Connolly, Planner, advised that the HPC had reviewed the plans in May and approved both the demolition and the plans for the new structure. The original structure had been altered too many times to have any historic significance. Commissioner Jackman asked whether the driveway access would be from 6`h Street. Mr. Mark Connolly, Planner, replied yes. Chairman Page noticed that the footprint for the new home is closer to the roadway and asked staff whether it still meets required setbacks. Mr. Mark Connolly, Planner, replied that the required setbacks are met. Commissioner Patrick pointed out that the proposed light wells are 3.5 feet wide. Mr. Mark Connolly advised that the approved plans would depict no more than 36-inch light wells. Chairman Page opened Public Hearing No. 4 at 9:23 p.m. Mr. David Britt, Britt-Rowe, Project Architect: • Thanked staff and said that he had nothing to add to staff's presentation. Said that while the building is now closer to the south side neighbor they took great care to mitigate privacy concerns. This space is just garage. The living portion will be further from this neighbor than it was originally. Commissioner Jackman asked if a drainage plan has been prepared. Mr. David Britt replied that a Grading and Drainage plan, prepared by a licensed civil engineer, was submitted to the City. Commissioner Patrick asked if there are wood burning fireplaces. Mr. David Britt stated that only gas fireplaces would be used. Ms. Betty Riley, 20792 Pamela Way, Saratoga: • Said that she likes the design of the new home are met with this project. but wanted to be certain that all required setbacks Marilyn and Walter, Marchetti, 20701 St. Charles, Saratoga: • Said that this will be an attractive home. • Added that she hoped to protect the existing trees that provide nice screening. • Suggested that the street address for this property should be 6"' Street rather than St. Charles since the front door faces 6`h Street. Saratoga Planning Commission Minutes of January 10, 2001 Page 12 Mr. David Britt assured the Mazchettis that they intend to use the Arborist's guidelines in order to protect the trees on site. Said that the address for this property was originally 6th Street and was changed to St. Chazles long ago. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Bernald, the Commission closed Public Hearing No. 4 at 9:30 p.m. (6-0-1; Commissioner Barry was absent) Commissioner Kurasch said that this home has a nice design. While it may be a little large for the lot, it is nicely done. Commissioner Jackman said that this project is a good use of space and that she likes the plans. Commissioner Patrick concurred with Commissioner Kurasch. Commissioner Bernald concurred and said the house is charming. Commissioner Roupe and Chairman Page concurred. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Jackman, the Commission approved DR-00-049. (6-0-1; Commissioner Barry was absent) Chairman Page advised that there is a 15-day appeal period. Commissioner Bernald excused herself and departed the meeting at 9:32 p.m. *** PUBLIC HEARING ITEM NO 5 DR-00-049 (517-08-024) -HUNTER, 14700 St. Charles Street: Request for Design Review approval to demolish an existing 1,427 square foot single-story residence and construct a new 2,707 squaze foot two-story residence with a 1,020 squaze foot basement. Maximum height of the proposed structure is 22 feet tall. The property is 7,261 square feet in size and is located within an R-1-10,000 zoning district. Mr. Mark Connolly, Planner, presented the staff report as follows: • Advised that this is an application for the demolition of a 4,417 squaze foot single-family residence and construction of a new 5,693 square foot two-story residence with a maximum height of 25 feet 10 inches. This is a 62,000 square foot site that is zoned R-1-40. Advised that staff finds the grading plan to be inadequate and is recommending a continuance of this item. Chairman Page opened Public Hearing No. 5 at 9:35 p.m. Ms. Linda Formico, 14456 Sobey Road, Saratoga: • Advised the Commission that she received a call at 7:35 p.m. this evening advising her that staff would be recommending a continuance. • Asked the Commission to proceed this evening. Saratoga Planning Commission Minutes of January 10, 2001 Page 13 • Informed that her husband would be here this evening were he not on business travel. • Said that they purchased this property a year ago last October. • Said that there are currently three separate structures on the property, a 2,400 square foot home, a two-car garage and a 1,500 square foot workshop. All will be removed and replaced with a single two-story structure. The new structure will include a 1,000 square foot basement. • Advised that they are proposing a Mediterranean design as there are quite a few in the area and it is an architectural style they like. Advised that the adjacent home is of a Mediterranean style. •. Said that of the 53 homes in their immediate area, approximately 65 percent of them are two-story. • Advised that their lot is 1.5 acres and privacy has been taken into consideration. The upstairs windows facing their neighbors are glazed bath windows with the exception of one that looks at the front of their neighbor's house. • Said that they have obtained their neighbors' support and that the home they are proposing is 1,000 square feet less than is allowed. There will be one gas fireplace. • Advised that with their Grading and Drainage Plan, the proposed cut is 451 cubic yards and the proposed fill is 57 cubic yards. They will export 393 cubic yards. Commissioner Patrick said that these are good plans. Inquired how wide the window wells will be, as the stairs appear to be four feet wide. Commissioner Roupe expressed concern that he cannot reconcile the square footage for this project as none of the numbers appear to add up. Chairman Page asked staff what the square footage of the home will be. Mr. Mark Connolly, Planner, replied the total square footage is 5,693 and that 6,400 square feet is the maximum allowed. Commissioner Roupe conceded that the house is well below the maximum allowable. Commissioner Kurasch asked Ms. Linda Formico how the siting of the house was determined. It is closer to the street than the current structure. Ms. Linda Formico replied that she and her husband want their kids in the rear yard in a safe play space. She is expecting their third child. Added that they will have a pool, grass and volleyball court in the rear yard. Chairman Page added that the property is well screened by existing landscaping. Commissioner Jackman added that the house is still 41 feet from the front property line. Mr. Mark Connolly, Planner, clarified that any interior height above 15 feet is counted into the square footage. Commissioner Kurasch asked whether staff is still recommending a continuance for this application. Mr. Mark Connolly, Planner, replied no, not with the additional information provided this evening by Ms. Formico. Saratoga Planning Commission Minutes of January 10, 2001 Page 14 Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Jackman, the Commission closed Public .Hearing No. 5 at 9:50 p.m. (5-0-2; Commissioners Barry and Bernald were absent) Commissioner Jackman stated that the project is compatible with the area, less than the allowable square footage and that she has no problems with the application. Commissioner Patrick said that she is in favor with a reduction in the light well. Commissioner Roupe concurred. Commissioner Kurasch concurred. Said that the house is a bit massive and that she recommends a landscape plan to help relate the house to the street. Chairman Page said that he found the project to be appropriate. Motion: Upon motion of Commissioner Patrick, seconded by Commissioner Roupe, the Commission approved DR-00-043 with the reduction in light wells and with the added condition that a landscape plan be developed for the front of the house to help relate the structure to the street. (5-0-2; Commissioners Barry and Bernald were absent) Chairman Page advised that there is a 15-day appeal period. *** DIRECTOR ITEMS None COMMISSION ITEMS 1. January 23, 2001, PC/HPC/City Council Joint Meeting Chairman Page advised that a Joint Planning Commission/Heritage Preservation Commission and City Council meeting will be held on January 23, 2001. He asked the Commissioners if anyone had any items to propose for the agenda for that meeting. Commissioner Kurasch suggested an update on the status of the Commission as well as Planning staffing. Included would be the effects of the Director vacancy on the scheduling of items such as the Housing Element Update and the Commission Retreat. Commissioner Jackman said that it would make sense to wait for the Retreat until a new Director is hired. • Commissioner Patrick added that since three Commissioners' terms expire in April, it might be more appropriate to have the Retreat following the new appointments. Added that one topic for the Joint . Study Session might be to look into jurisdiction and authority for the Heritage Preservation Saratoga Planning Commission Minutes of January 10, 2001 Page 15 Commission to better highlight their power over issues such as the demolition of the house from tonight's Agenda Item No. 1. Commissioner Kurasch concurred, adding that it would be good to hear what the HPC's expectations are. Chair Page suggested discussion over what is happening on Bowman Road. Commissioner Jackman suggesting evaluating the size of basements in the area and perhaps establishing guidelines. Expressed a need to know more about geology and what impact there is to'the land with these large basements being added to many new homes. Commissioner Patrick added that it might be a good Retreat topic to discuss where the dirt from these basement excavations is being exported. 2. SABIC, 18817 Devon Avenue, DR-00-019 Mr. Mark Connolly, Planner, advised the Commission that this application for the construction of a two-story residence had a small expansion, which exceeds the original approval by 5 inches. Staff finds that this has no impact and the project still meets all minimum zoning requirements. No Commissioners expressed any concern over this small change to the approval. COMMUNICATIONS None. WRITTEN None. ADJOURNMENT TO NEXT MEETING Chair Page adjourned the meeting at 10:02 p.m. to Wednesday, January 24, 2001, at the Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn Minutes Clerk • • r-~ U ~~ ~ ITEM 1 REPORT TO THE PLANNING COMMISSION Application No./Location: DR-00-036 ~St UP-00-018; Sobey Road Applicant/Owner: SAN FILIPPO Staff Planner: Mark J. Connolly, Assistant Planner Date: January 24, 2001 APN: 397-05-091 Department Head: ~ `~v • • Sobey Road 000001 EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 7/28/00 12/20/00 U10/Ol 1/1U01 U4/Ol The applicant has requested Design Review and Use Permit approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is locatedwithin an R-1-40,000 zoning district. STAFF RECOMMENDATION Approve the Design Review and Use Permit application by adopting Resolution DR-00- 042 ~ UP-00-018. ATTACHMENTS 1. Staff Analysis 2. Resolutions DR-00-036 ~sz UP-00-018 3. Arborist Report dated September, 212000 4. Correspondence from applicant addressing neighbor issues 5. Plans, Exhibit °A° • oooooz • • File No. DR-00-036 &r UP-00-018; Sobey STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: Residential -Very Low Density MEASURE G: Not applicable PARCEL SIZE: 43,042 sq.ft. AVERAGE SITE SLOPE: 11% GRADING REQUIRED: 793 cubic yards of cut, 578 cubic yards of fill; and 185 cubic yards of cut for the basement. MATERIALS AND COLORS PROPOSED: Stucco exterior painted medium tan with brown wainscot or olive green stucco and dark brown wainscot. Window trim will be dark green, and the roof material will be a Mission tile. Color and material samples will be available at the public hearing. Proposal Code Requirement/ Allowance Lot Coverage: 30% 35% Floor Area: First floor 3,498 sq. ft 5,844 sq. ft. Second floor 1,352 sq. ft. Garage 462 sq. ft. Cabana 529 sq. ft. (Basement) (608 sq. ft.) TOTAL 5,841 sc{. ft. Setbacks: Front 50 ft. 50 ft. Rear 85 ft. 75 ft. Left Side 20 ft. 20 ft. Right Side 30 ft. 20 ft. Height: Residence 26 ft. 26 ft. P:~Pfanning~Mark~PC Stat~Reports~DR-00.036SAN FILIPPO.doc 000003 File No. DR-00-036 ~ UP-00-018; Sobey PROJECT DISCUSSION Design Review The applicant has requested Design Review and Use Permit approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be located within the rear yard setback. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is locatedwithin an R-1-40,000 zoning district. Staff finds that the project can be supported. The project meets the minimum zoning requirements of setbacks, height, floor area and lot coverage. The rooflines are well articulated and the design is sensitive to the existing adjacent residences, as well as the natural environment. The project has undergone a design iteration to locate the residence more in the center of the lot rather than toward the front of the lot where the slope exceeds 30%. Staff feels that the proposed design and both alternatives of the materials board are compatible with the neighborhood. There is concern from the neighbor to the north (Mr. Tim McNeil) who has concerns regarding bulk and mass. Mr. McNeil has been involved with the applicants since the inception of the project design. However, it was not brought to staffs' attention that Mr. McNeil was unaware of the final design until the project had been publicly noticed. Upon staffs recommendation a site visit between all parties concerned was held and no resolution was amenable to either parry. The applicant is unwilling to move the structure further to the south due to a desire to have a view of the meadow to the rear of the property. The applicant feels that moving the residence into the meadow would reduce enjoyment of the property. Upon conclusion of the meeting the only recommendation staff could offer was for the applicant to provide mature landscape screening (15 gallon or greater), to be planted between the two property lines. The applicant expressed willingness to do so, however this was unacceptable to Mr. McNeil. The applicant has presented staff with a letter addressing these issues and is attached. The Ciry Arborist, the Public Works Department, the City Geotechnical Consultant and the Santa Clara County Fire Department have reviewed the application. Their recommendations are included in the proposal or as conditions of approval. Use Permit The applicants are requesting Use Permit approval to allow the proposed Cabana to be constructed within the rear yard setback; l5 feet from the property line at a maximum height of 15 feet. Staff feels that the necessary findings can be made to support the Use Permit in that it will have minimal aesthetic impact on adjacent neighbors and will not be detrimental to public health, safety and the environment. P:U'Ianning~Mark~PC Stall Reports~DR-00.036 SAN FIllPPO.doc 0 0 0 0 0 (~ File No. DR-00-036 &z UP-00-018; Sobey Parking The Saratoga Ciry Code requires each residence to have at least two enclosed parking spaces within a garage. The residence will have an attached two car garage. Grading 793 cubic yards of cut, 578 cubic yards of fill; and 185 cubic yards of cut for the basement. Geotechnical Review The application did receive Geotechnical clearance and the recommendations are included in the conditions of approval. Trees The Ciry Arborist report contains recommendations for the protection of existing trees on the site. There are 37 trees on the property potentially at risk of damage by construction, 17 trees are proposed to be removed by implementation of the design. The report contains recommendations for the restoration and protection of the health of all trees on site, as well as suggested mitigation measures for the trees to be removed. All of the Arborist's recommendations have been made conditions of approval in the attached Resolution. Fireplaces The plans clearly indicate that only one wood-burning fireplace will be constructed in the new residence. There will also be 2gas-burning fireplaces. There are also 2 chimneys proposed. Correspondence No written correspondence in opposition of the project has been received at the time of this report. Conclusion The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the Ciry Code. The residence minim~es interference with views or privacy, preserves the natural landscape to the extent feasible, and will minimise the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Approve the Design Review application by adopting Resolution DR-00-036 ~sz UP-00-018. P:~Planning~Mark~PC StafEReports~DR-00-036 SAN FILIPPO.doc /'~ VUOOUS • T~IIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ., • ooooos File No. DR-00-036 ~ UP-00-018; Sobey APPROVAL OF RESOLUTION NO. DR-00-036 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SAN FILIPPO; Sobey Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval to construct a new 5,312 square foot two story residence with a 608 square foot basement and 529 square foot cabana on a vacant lot; 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 applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: ^ The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimising tree and soil removal; grade changes will be minimised and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas and in that there is minimal grading proposed outside of the basement excavation and the 17 ordinance protected trees that are proposed to be removed will be mitigated for. The proposed residence in relation to structures on adjacent lots, and to the surrounding region, will minimise the perception of excessive bulk and will be integrated into the natural environment, in that the structure's design incorporates elements and materials which minimize the perception of bulk and integrate the residence into the surrounding environment in that the structure's design incorporates elements and materials which minimise the perception of bulk and integrate the residence into the surrounding environment and the structure's design is similar in scale, size and style to other homes within this area. • P:~I'lanning~Mark~PC StaHReports~DR-00.036SAN FIllPPO.doc OOOOO~ File No. DR-00-036 ~St UP-00-018; Sobey The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. ^ The proposed residence will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. Now, THEttEFOxE, the Planning Commission of the Ciry 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 of DR-00-036; SAN FILIPPO for Design Review approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following: i. The plans shall show only one wood burning fireplace. ii. All recommendations of the Ciry Arborist shall be followed and incorporated into the plans. iii. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. iv. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks are per the approved plans." v. Four (4) sets of complete grading plans incorporating this Resolution and Arborist report as a separate plan page. P:~['fanningiMatk~PC Staff Reports~DR-00.036 SAN FILIPPO.doc O OO O O V File No. DR-00-036 &r UP-00-018; Sobey vi. No Retaining wall shall exceed five feet in height and three feet within the f front yard setback. No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 4. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 5. No structure shall be permitted in any easement. 6. A storm water retention plan 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. CITY ARBORIST 7. All recommendations in the City Arborist's Report dated October 21, 2000 shall be followed and incorporated into the plans. This includes, but is not limited to: a. The Arborist Report shall be incorporated, as a separate plan page, to the • construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. b. The grading plan shall be revised to show that no grading will occur within the following distances form the trucks of the following trees: Tree #1 18 feet Tree #15-17 15 feet Tree #2 35 feet Tree # 27 18 feet Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." The fencing shall be inspected by staff prior to issuance of a Building Permit. d. A bond in the amount of $14,897 be posted to ensure protection of trees #2 and #27 and a 10 % bond of all other trees. e. The applicant shall replant an equivalent value of $12,513 in 6- 36 inch box and 11- 24 inch box native specimens for removal of #3-14 and #28-32. f. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. P:~PlanningiMark~PC Staff Reports~DR-00.036 SAN FILIPPO.doc O O0 O OQ File No. DR-00-036 &z UP-00-018; Sobey g. A revised landscape plan shall be submitted prior to issuance of a Zoning Clearance showing locations of the any native replacement trees. Prior to Final Occupancy approval, the City Arborist shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the bond shall be released. 9. Any future landscaping shall be designed and installed in accordance with the Arborist's recommendations. 10. A project arborist certified by the International Society of Arboriculture shall be retained to (1) provide on site supervision during key aspects of construction of the residence and driveway for the purpose of preventing or minim~ing damage to tree # 1; and (2) provide regular written progress reports to the Ciry of these supervision functions as they occur. CITY GEOLOGIST 11. The City Geologist was not consulted due to the stability and modest slope of the property. FIRE PROTECTION DISTRICT 14. The roof covering shall be fire retardant, Uniform Building Code Class "A" prepared or built-up roofing. 15. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga Code-Article 16-60. 16. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. 17. The required fire Ilow for this project is 2,000 gpm at 20 psi residual pressure. The fire Ilow IS NOT available from the area water mains and the fire hydrants which are spaced at the required spacing. 18. Provide the required fireIlow from the hydrants spaced at the maximum of 500 feet, OR, provide and approved fire sprinkler system designed per NFPA standar #13D and local ordinances throughout all portions of the building. The sprinkler system shall be installed by a licensed contractor. 19. Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 20. An approved, automatic fire sprinkler system shall be provided for the garage. s oooo~o P:~I'Ianning~Mark~PC Staff Reports~DR-00-036 SAN FILIPPO.doc File No. DR-00-036 tax UP-00-018; Sobey • CITY ATTORNEY 21. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of Ciry 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. 22. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $2S0 shall be payable to this Ciry per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, Ciry and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga Ciry Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the Ciry of Saratoga Planning Commission, State of California, this 24th day of January 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission P:~Planning~Mark~PC Scaff Reporrs~DR-00-036 SAN FILIPPO.doc 0 00 011 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • 000012 File No. DR-00-036 ~ UP-00-018; Sobey r~ ~_J APPROVAL OF RESOLUTION NO. UP-00-018 CITY OF SAR.ATOGA PLANNING COMMISSION STATE OF CALIFORNIA SAN FILIPPO; Sobey Road. • WHEREAS, the City of Saratoga Planning Commission has received an application. for Use Permit approval to allow a 528 square foot Cabana to be located within the rear yard setback; 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 applicant has met the burden of proof required to support said application, and the following findings have been determined: ^ The proposed location of the conditional use will be in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, and other exhibits submitted in connection with this matter, the application of SAN FILIPPO for Use Permit approval be and the same is hereby granted subject to the following conditions: P:U'Ianning~Mark~PC Stall ReportslDR-00.036 SAN FILPPO.doc 000013 File No. DR-00-036 ~ UP-00-018; Sobey COMMUNITY DEVELOPMENT The development shall be located and constructed as shown on Exhibit 'A°, incorporated by reference. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a. separate plan page. b. The site plan shall be stamped and signed by a Registered civil Engineer or a Licenced land Surveyor. c. The Cabana shall be located exactly as shown in exhibit "A" at a maximum height of 15 feet. d. A final landscaping plan showing the proposed landscape screening be submitted. 3. FENCING REGULATIONS- No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 4. No structure shall be permitted in any easement. PUBLIC WORKS 5. All building and construction related activities shall adhere to New Development and construction Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. CITY ATTORNEY 6. Applicant agrees to hold the City harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of the City in connection with the 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 appli- cant's project. 7. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. • • • 000014 P:~Planning~Mark~PC SraH Reporrs~DA-00-036 SAN FILIPPO.doc File No. DR-00-036 &z UP-00-018; Sobey Section 2. Construction must be commenced within 24 months 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. . PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 24`h day of January 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • 000015 P:~Planning~Mark~PC Staff Repotu~DR-00-036 SAN FILIPPO.doc • T~-IIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • oooo~s - " i'~ _17 .-" ~" _ w•- `. -~ / ~~ / ~ . ~ / Relorue Urain •\~ •\ ~~. __ t -q= Construction Period ~ ,, ~ ~ : :;:=~ Protective Fence ~" . !•~ • 3~~~_-- -- '~ _ ~ I 3? ~~~.- I :~o a ~• ~ - _ ~; ._ -~ I - -9. ~0 F i -.~ " ~ -_ ~ .~5 24 .E' '~ r .~~-. F 26 ~ +' ~' . - i ~ ~ ~ ~~ F .- ~--v..-: ~ ~ -•~ Construction Period • /~~ ~. Protective Fence #~ ^~ _ +; F ,a.nntrtr.:i f~~:., ii , _ w.. ~r... ~.~..: ~ onstin.c uon.m °-h"-"w.~ __ __ ^~~ ` - 30 I ~ ~ - ~, - ~ ~ ~ ,o .v j~ i ~C~~ \ r w. ~~ '~~ ~.. - ~ ~ g~ ~ ~~ ~~~ 37 . ~~ 'FEZ 1 i _ ~ ''.._-~ 3 I' l ~` • i • ~ " ~ onst - - - _ -._ _ ruction Period ; ~ F Protective F ~ ~ ° ° .. ~ ` ... ; ence ° ° i I ., ___ - 1: SOBEY RO - Grace Sanfili o pp ichae enber _ Sobey Road yr°°'^ g A.S.L.A. i~ Saratoga, C811f. /Site Planning ~ y 5-15-00 °I°n 9 L887eclelenciarSchool House Road ~ ~~~~ Aptos, California 85003 ~ ~es`~s. C3 - _ raoe) 885-1928 ~IVII. ENGI~gE-~~,, 1~./ - - - ~-... "- .` _ -~ (M YrlvC tAl Ilp ~FT.pR IA1 pNd• ~- J 0000~~ BARRIE D. C:vATE and ASSOCIATES Horticultural Consultants - 408-353-1052 Fax 408-353-1238 23535 Summit Road, Los Gatos, CA 95033 ANALYSIS OF POTENTIAL CONFLICT BETWEEN TREE PRESERVATION AND CONSTRUCTION AT THE SAN FILIPPO SITE, SOBEY ROAD SARATOGA Prepared at the Request of Mark Connelly Community Planning Dept. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Site Visit by: Michael L. Bench Consulting Arborist September 1, 2000 Plan Received: 8/10/00 Plan Due: 9/8/00 Job #08-00-201 000018 ANALYSIS OF P07'EN1'iAL CONFLICT BETWEEN TREE PRESERVATION AND COi.,, (RUCTION AT THE SCAN FILn'PO SrrE, 30$EY ROAD, 3ARATOGA Asstgn~~terlt At the request of Mark Connelly Planner, City of Saratoga, this report reviews the proposal to construct a large home and a pool with a cabana on a vacant lot, in the context of potential damage to or the removal of existing trees. This report further provides information about the condition of the trees on site, and makes ' recommendations by which damage to the retained trees can be minimized to prevent decline. The plans reviewed for this report are: (1) the Floor Plans prepared by Camargo and Associates, San Jose, Sheets T, A1.0-A3.0, dated July 25, 2000, (2) the Topography and the Grading and Drainage Plans prepared by Michael Rosenberg, Landscape Architect, and by TS Civil Engineering, Sheets Cl-C3, dated 5-22-00, revised 7-2b-00. Sarnmary This proposal exposes 37 trees to some level of risk by construction. • • Seventeen trees are to be removed by implementation of this design. Replacemerrts, which equal their value, are suggested. Procedures are suggested to mitigate the damage that would be expected. A combination bond equal to 30% the value of trees #2 and #27 and a bond of .10% the value of all other trees is suggested in accordance with the levels of the expected risks. Observations There are approximately 21 trees on this site and 16 located on adjacent properties that are large enough to be controlled by the City Ordinance and are at risk of damage by proposed construction. The attached map shows the location of these trees and their approximate canopy dimensions. Each tree has been tagged with a metallic label indicating its assigned number. Tree #5 is slightly smaller than the size controlled by the City Ordinance. This was discovered after the labels were attached. Thus, tree #5 is omitted from the value assessment. The 37 trees are classified as follows: Tree # 1 Trees #2, 4, 12, 18-27, 37, 38 Tree #3 Trees #ti-11, 31 Trees # 13, 15 Trees # l 4, 16, 17, 33-36 Trees #28, 29, 32 Tree #30 Valley Oak (Quercus lobata) Coast Live Oak (Quercus agrifolia) Big Leaf Maple (Acer macrophyllum) California Black Walnut (Juglans hindsii) Aleppo Pine (Pines halepensis) Monterey Pine (Pines radiata) Plum (Prunes cerasifera) Bailey's Acacia (Acacia baileyana) The health and structure of each specimen is rated on a scale i to 5 (Excellent-Extremely Poor) on the data sheets that follow this text. This information is converted to a single descriptive rating intended to aid with planning as follows: Prepwned ~'' Miebxl L" ~b+ C~~6 ~~ September 1, 2808 000019 ANALYSIS OF POTENTIAL CONFLICT EETR'EEN TREE PRESERVATION AND CO1VaTRUCrION 2 AT THE SAN FILIPPO SITE, 5OBEY ROAD. BARATOGA Exceptional Fine Specimens Fair Specimens Marginal Poor Specimens S imens S cimens 2, 3, 27, 37 1, 4, 6, 10, 12, 7, 11, 20 ~ 8, 9, 14, 30, 31, 28, 29, 32 13, 15-19, 21, 34 22-26, 33, 35, 36 38 Exceptional specimens must be retained at any cost and whatever procedures are needed to retain them in their current condition must be used. Fine specimens must be retained if possible but without major design revisions. Mitigation procedures recommended here are intended to limit damage within accepted horticultural standards in order to prevent decline. Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. Marginal specimens are typically worth retaining but could be removed if necessary to facilitate construction. Mitigations recommended here are intended to prevent significant decline. • Poor specimens cannot significantly improve regardless of care. For any which are considered hazardous, removal is recommended. For those retained, mitigation may not be typically requested. Trees located on adjacent properties which would be affected by this activity must be treated as Exceptional regardless of condition. Impact of Construction With the exception of trees #l 5 and 17, the plan proposes to remove all of the trees inside the boundaries of this property. These proposed removals included two Exceptional specimens: tree #27 a moderately large coast live oak, and tree #3, a young big leaf maple. Although tree #3 is rated as exceptional, it can be easily replaced, which I recommend However, tree #27 cannot be replaced, and because of its size, it is not an acceptable candidate for tiantsplant. This is not to say that it could not be transplanted, but should it be transplanted, it would no doubt decline, and its life span would in all probability be greatly reduced. The proposed grading and drainage work inside the dripline of tree #27 would be severe. Revisions of the grading and drainage plan and of the landscaping plan would be required to prevent decline of this tree. Tree #15 would suffer severe root damage if the.drainiine on the north side of its trunk is trenched as proposed. The minimal expected result would be canopy decline, which may recover after a few years if environmental conditions were optimal. However, if the tree Prep~ted 6}: Mle6~d L. Hewe6, Cossatamg Arberist Seple~6er 1, 2A09 000020 ANALYSIS OF POTENTIAL CONFLICT BETWEEN TREE PRESERVATION AND CO~w (RUCTION 3 AT THE SAN FlLIPPO 31TE, SOBEY ROAD, SARATOGA were to become infested by insects, the tree may die after a few years of decline. Weakened trees are targets for insect infestation. The neighboring trees (# 16, 35, and 36) adjacent to the south side property boundary would be exposed to the same risk. Tree # 17 would be minimally affected by the trenching to construct the adjacent drain, but maybe severely affected by surface grading, should it be necessary to grade inside the dripline to assure surface drainage toward the existing catch basin. Proposed surface grading would expose all of the neighboring trees adjacent to the south property boundary to the same risk. A wall is proposed on the south side adjacent to the property boundary. If this wall were to be constructed using a typical footing, trees #15-17 and #33-36 would be rendered unstable, because buttress roots would no doubt be severed. If this wall were to be constructed by a pier and beam design without a footing, the same trees would likely suffer only minor root damage provided piers were to be relocated a minimum of 8 feet from the trunk of any of these individuals trees, and provided the bottom of the proposed wall is constructed on top of or slightly above the existing grade. A large and relatively level open space is seen north of trees #15-17, 35, 36, east of trees # 18-21, and south of trees #22-27. Because of the size and the complexity of this project all of these gees would be subjected to one or more of the following damaging events that are common to construction sites: 1. The stoc ilin of materials or the sto of ui ent under the cano ies. kP g eq Pm P 2. The dumping of construction materials, especially waste materials, such as painting products, mortar, concrete, etc.) under the canopies. 3. Soil compaction as a result of construction trail~!c, including foot traffic across the . root systems, and the parking of vehicles or construction equipment under the canopies under the canopies. 4. The trenching across root zones for new utilities or for landscape irrigation. 5. The grading of the surface soil resulting in the removal of quantities of absorbing coot tips. 6. Broken branches or bark injuries as a result of construction equipment passing too close. There is a large open space adjacent to Sobey Road between trees #1 and #38, which would expose tree #38 to most of these same risks. If the junction pole marks the property as noted on sheet C2, it appears that the wooden S fence between trees #37 and 38 extends onto this site by approximately 5 feet. If this PreParnl by: Mk6ir.~1 L. Beoeh, CaualOog Ar6otist Seplem6er 1.2000 000021 ANALYSIS OF POTENTIAL CONFLICT' BETWEEN TREE PRESERVATION Alm COh~TRUCflON 4 AT TITE SAN FTLTPPO SITE, SOTiEY ROAD, SARATOGA fence must be relocated, tree #37 may be exposed to at least minor root damage if a new fence is not immediately reconstructed after demolition of this existing fence. Also, tree #37 must not be exposed to any risk during reconstruction of the fence, however minimal. Trees # 1 and # 2 are located in the public right-of-way. However the canopy of tree #2, an Exceptiona149-inch diameter DBH coast live oak (Quercus agrifolia}, extends onto this property by approximately 35 feet. The root zone in all likelihood extends outside the canopy perimeter by an additional 40 feet. The Grading Plan proposes to change contours 112, l 14, and 11$ inside the perimeter of the canopy. This would adversely affect as much as 40% of the root zone. Bear in mind that mature specimens such as this one is more sensitive and much less tolerant to changes in its environment than young specimens of the same species. Even 20% root damage in the root zone of this tree would be significant, probably severe. The open space on the south, east and west sides of this tree has been disced to control annual weeds. Because of this, the majority of the absorbing roots have been destroyed to a depth of 4-6 inches in the arcs of more than 50% of the root zone. As a result, tree #2 is considered to be in a stressed condition and must not be subjected to any additional root damage from grading, from trenching for landscape irrigation, from a dense landscape planting, from trenching for utilities, or from excavations for arty purpose. Temporarily, this can be addressed by providing 3-inches of mulch and supplemental irrigation Tree #2 is one of a hand foil of unusually fine large mature coast live oaks in this area. Recomrnenda~tions The following mitigation suggestions are intended to T+educe the extent of construction damage to acceptable levels, so that retained trees can reasonably be assured of survival without decline. These suggestions are based on the construction plans provided. If any changes to these plans occur during construction, the following may require alteration. Temporary construction fencing must be provided and located as noted on the attached map. Fencing must be of chainlink a minimum height of S feet, mounted on steel posts driven 18-inches into the ground. Fencing must be in place prior to the arrival of any other materials or equipmerrt and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during construction Fencing must be located exactly as shown on the attached map. I suggest that permission be obtained from the neighbor at 18470 Sobey Road to provide a protective fence adjacent to the curb of Sobey Road as noted on the attached map. 2. I suggest that the grading plan be revised so that no grading would occur within the following distances from trunks of trees noted: Tree # 1 18 feet Tree #2 35 feet Trees # 15-I7 15 feet Tree #27 18 feet ~P~ hY Michael L Beecly Caaso4ip0 Arlwrbt September 1, 2660 oooozz ANALYSIS OF POTENTIAL CONFLICT BETWEEN TREE PRESERVATION AND CONSTRIICTION s AT THE SAN F1LIP'PO SITE, SOBEY ROAD, SARATOGA • • • If the plans must be revised to achieve to these clearances, the plan must be revised. 3. I suggest that the drain proposed on the north side of trees # 15, 16 and #33 -36 be relocated a minimum of 1 S feet from the trunks of any of these trees. 4. I suggest that the landscape plan and the landscape irrigation plan be reviewed by the City Arborist for the protection of trees #l, 2, 27, 15-17, and #33-36. S. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the driplines of retained trees, unless specifically indicated on the enclosed plan. For any tree where this cannot be achieved, I suggest a project arborist be retained to determine acceptable locations. A 2-foot section of each trench adjacent to any tree must be left exposed for inspections by the city arborist. 6. Supplemental irrigation must be provided for Trees # 1 and 2 during the dry months (any month receiving less than 1 inch of rainfall) starting immediately. Irrigate with 10 gallons for each inch of trunk diameter every two weeks throughout the construction period. 7. I suggest that the wall on the south boundary be constructed on a pier and on-grade beam design and that the piers be located between the trunks of existing trees at a minimum distance of 8 feet from the trunk of any of the trees adjacern to the south boundary. In the event that piers must be dug during the wet season of the year, such that tires of an auger rig would create ruts of any depth, the hole must be dug by hand. The bottom of the span sections of the wall must be constructed on top of the existing grade or above. 8. Excavated soil may not be piled or dumped (even temporarily) under the canopies of trees. Loose soil must not be allowed to slide down slope to cover the root collars of retained trees. If this occurs, the soil must be excavated by hand to the original grade and may require a retaining wall (dried laid stones, such as cobbles or rip rap set without a footing). to prevent further soil encroachment. 9. Landscape irrigation trenches, which cross a root zone, and/or excavations for any other landscape features must be no closer to a trunk than 1 S times the trunk diameter from tree trunks. However, radial trenches may be made if the trenches reach no closer than S times the trunk diameter to any tree's trunk, if the spokes of such a design are no closer than 10 feet apart at the perimeter of the canopy. 10. Lawn or other plants that require frequent irrigation must be limited to a maximum of 20% of the errtire root zone and a minimum distance of seven times the trunk diameter from the trunk of oak trees. Prepared by: Midue! L Bencb, Caosy~ Arbwi~! SEpaember 1, 2®60 000023 ANALYSIS OF POTENTW, CONFLICT BETWEEN TREE PRESERVATION AND CONSTRUCTION 6 AT THE SAN FILn'PO SITE, SOBEY ROAD, SARATOGA 11. Bender board or similar edging material must not be used inside the canopies of existing trees, because its installation requires trenching of 4-6 inches, which may result In significant root damage. 12. The species of plants used within the root zone of an oak tree must be only with compatible plants. A publication about compatible plants can be obtained from the California Oak Foundation, 1212 Broadway, Suite 810, Oakland 94612. i 3. Sprinkler irrigation must be designed so that it does not strike the trunks of trees. It is strongly suggested that spray irrigation not be allowed to strike beneath the canopies of oak trees_ 14. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be directly in contact with the bark of a tree due io the risk of disease. I5. Any planing must be.done by an ISA certified arlmrist and according to ISA Western Chapter Standards. 16. Landscape pathways and other amenities that are constructed under the canopies of trees must be done completely on-grade without excavation. 17. Materials or equipment must not be stored, stockpiled, dumped, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. Value Assessment . The value of the trees are addressed according to ISA Standards, Seventh Edition. The plan proposes to remove sevelrteen trees (#3-14 and #28-32), which have a total value of $ i 2,513. This value is equivalent to six 36-inch boxed and eleven 24-inch boxed native specimens. Replacements are suggested Acceptable move tree replacements are: Coast live oak - Quercus agrifolia Valley oak - Quercus lobata Big leaf maple - Acer macropftyllum California buckeye - Aesculus californica Coast Redwood -Sequoia sempervirens However, 36-inch boxed specimens and sometimes 24-inch boxed specimens may not be available at the end of a project unless the trees are secured with a grower at the onset of construction. I recommend that it be required that n~lacement trees be secured within 60 days of the issuance of permits and evidence of that be provided to the planning department. pnP*~ ~ Mie~cl L. Beocb, Ar~rW Sepbem~er 1, 2680 000024 ANALYSIS OF POTEN'I'IAi. CONFLICT BETWEEN TREE PRESERVATION AND CONSTItUCfION 7 AT THE SAN FILiPPO SITE. SOBEY ROAD, SARATOGA Tree #2 has a value of $43,261 and the value of tree #27 is $6,394. The neighboring trees #37 and #38 have values of $10,606 and $34,308 respectively. 1 suggest a combination bond equal to 30% of the toaal value of the trees #2 and 27 and a bond equal to 10% the value of all of the other trees to assure that adequate protection is provided. Refund of these bonds should be predicated upon installation and maintenance of the fences. Respectfully submitt Michael L. Bench, Associate Barri~ a , ~ lia~'~~ MLB/sl Enclosures: Tree Data Accumulation Charts Map of Tree locations and Protective Fencing Tree Protection Before, During and After Construction Protective Fencing Radial Trenching Beneath Tree Canopies • Pet~are~ ey: Miaael L. ~4 ce®..ta.s Ar6o~vf Septeetber1,2009 '41~DD~J .- o 0 N O O CO ~~ O v m 0 9+ N a (~A N Q O 7 Q c 0 (cN ulaolaa •n-AOw~a ~ IMAOM32! 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The lot was the perfect site to create a home that would command a beautifully landscaped rear yard that included a cabana and pool, with plenty of room in the surrounding areas to entertain and welcome guests. Upon receiving the conceptual plans, Grace made a point of notifying all the neighbors that bordered her property by sending each one of them a letter explaining exactly what she proposed to build. She included the name of the architect, Maurice Camazgo, and invited each one of them to contact Maurice if they had any questions or concerns about the project. Several neighbors did, in fact, contact Maurice for additional information. Additionally, Grace invited all the neighbors to a breakfast meeting at the site to show them the conceptual plans that were to be submitted to the Planning Commission. Grace had the entire footprint of the home staked out and outlined with ribbon so that the neighbors could see the exact position of the home. The consensus of those attending the meeting was an overwhelming acceptance of the project. In accordance with the specific design criteria as set be the City of Saratoga, much care was taken to mitigate the impact of the project on the adjoining landowners. For example, the allowable building setback distance is 20 feet from the eastern property line. The plans have the improvement sited at 30 feet away from the property line, lessening the impact as it pertains to privacy and view issues. The garage is located completely offthe street view on the lower level as well. The majority of the home is situated on the lowest portion of the property. The front portion of the home is designed as a one story, and the remainder of the plan is extremely articulated to reduce the perception of excessive bulk. The plans have been designed so as to minimize the fenestration on the eastern side, in order to respect the adjoining landowner's privacy. The activity on this side of the house is limited to the occasional caz coming in or out of the garage. The outdoor activity is oriented away from the eastern side and focuses on the meadow, increasing the privacy level. The topography of the land mandates the placement of the home where it is sited, as the regulations prohibit a structure to be placed on a 30 percent or greater slope. A minimum amount of cutting and grading has been called for to preserve the natural topography. Additionally, the front portion of the home is designed as a one story, thereby minimising the perception of excessive bulk while maintaining a street presence. JAN 18, 2001 • CO CM1VI LAITY EN~V!$T,p GNMENT 000032 Page 2 Letter to Planning Commission As is the case in most new development, some trees may be lost in order to properly site the home in the allowable setback limitations. The report from the City Arborist has delineated the list of trees that may be removed and those that must stay and be carefully preserved. The landscape plan calls for a specific number and type oftree or trees that must be replaced. In addition to the Arborist's list, the landscape plan calls for a major screening effort to be done on the northeastern side of the property, adjacent to the land owned by Mr. McNeil. Grace has offered to increase the number and size of the screening trees to suit Mr. McNeil, even going so far as to plant trees on his property, thus preserving the natural look of the landscape and increase his level of privacy. Regarding the grading and erosion control issues, a detailed plan has been included that utilizes the existing storm drain already on site, and improves the absorption of water and the control of runoffas required by the City of Sazatoga. As you can see, every effort was made to be concerned and involved with the neighbors and to be as considerate as possible of their privacy issues, and to be compatible with the surrounding neighborhood. The project meets or exceeds the desired design criteria for the City of Saratoga. It is our sincere hope that the Planning Commission members will appreciate the time and expense involved that it has taken to prepare this presentation, in collaboration with the Planning Staff and respectfully asks for approval ofthis project. 1~(L~/ C~ /~ • i~ ;~ // `.Cl ~~ y . ~ / i . ~i,,~ iii ;1 ~ i;~ ~ / ,~~ C %~.~~ '~ ~ ~ ~ ,~ ~ ,, .~ .~ /~ ' ~ f ,` / ' / j ;/ ~- ~~~~~~ ~ ~~ ~J~10n:33 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • On00~4 .. ,_ . ~' Cn O ® •'--I ~ O U '~ ~ ~ W w ~ U ~ o ~ ~ ~ O w ~:_f-~~ ~ II ~~~ I f i ~..~.!~~ _ ~ I -r-'--~ _._1.~~ II~~ ~~~. ~ I r t i~ ~ -p: i ~ ' I ~< €as ~~ r7 Q ~ . ~iQ. p ~ , _?~ ~._ e . ~Q o Q ,__„ ~ a N a~ F ~ ~ ~ R < ~ ~ ~ ~ ~ t F W _ _ WN ~ Wn ~ ~ ~ ~ ~ ~ ~ ~ v ~ Q j b c a< ~ ~ ~ N (~~ F a Y ~ ~ LL ~ ~ ~ ~ Q O ~ ~ ~ ~ ~ J 3 2 ~ yUQ. g (m LLm(WWI (J y~ 4R ~ ~ RpRp~" ~ ~ ~ ~ 5 ~I 6 to K m U V N l7 CJ o- rv m g oy ry-, ry o 0 .- uo~ , 0p r ~ ~ < 6 < < < < 'Z ~ ~ i ( ( J W Q ~ r [tt fK tt ~ C G ~- R Ra R ARA RR RR R 8 8 888 88 88r 8` A s $ ~~a~r 3 ~~ F ~d~ ~;F ~~ ~/ U ~~~ ~~sg ~$ ~~e ~~ ~~ a ;~ S ~~ ~ ~ ~, a ~ ~ Y~ ~ ~ ~ k ~ ~ ~ ~ = A ~ ~ ~ ~ .. ~o C~ ~ o w d R" ® ~ ~ g x C V u_ ~:~ ~~~x a~'~ ~ ~ ~~~ ~ ~ o~z h ~ ~ a ~ „~ as- a /~ ~ Up = Y RR sfi~ C ~ d~ ~ 3 ~ ~ o ~ ~ ~ ~~ a o ~ ~s a x U.. - d~ ?al •f %F ~ ~r ' ~ r ~~ "?I~Y.~ i ~'~ . .~ PC ~ ~Flr ~~ ~ Iyu . .. 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I ¢ F- _ NN' m~ I Q - L ~o E~ ~~~: _ ~~ hx N 01 ~~ V~ W;~ ~~ nai` no~~ ~ ._ ai nov l ~, YS 2Q2 o- = h ~Qrtl ~ ~ z ~ 2 i - _ f s ° ~ ' ~ + ~ ~ ~~3 ~ Z `~ ~ ~~~ N ~ ~ ~~o ~ ~~ ~i ° U :.~ ~~ 4{~~~ Q ~~~~s~~k .d `a a wo z m ~"a~ .~ zzm~ a~wd 0 C7~~F G V C ~ ~ _ z~ e ~ `~Xz< :~~ ti z r ~<z ~ _. •'Ry > w V rF ~~ ~~ t_ • • • • ITEM 2 REPORT TO THE PLANNING COMMISSION Applicant No./Location: Applicant/Owner: Staff Planner: • I Date: I APN: DR-00-052;15171 Maude Avenue MAESUMI Kim R. Duncan, Assistant Planner ~- January 24, 2001 397-07-018 Department Head:~~-~-~~~ . wr°4 North W / K ~ ~ / ~ V ~ ~// > ~ ~o ~ ~ Q4r o ~ ~ i /~. ~/ ti r ~', J % ~ , I W / ~ ~ AUD AVE W ~// / , 1 ~' / ~ ~ 1 ti J/y/ ~ O / ` ti 4 ~O / ~ J~ BLUE G ~ r N ~~~ i I y i ~ .. i I I /1 / / rr 15171 Maude Avenue 000001 EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 10/23/00 1/9/01 U10/Ol 1/1ll01 1/4/01 . Request for Design Review approval to demolish an existing single story residence and two accessory structures totaling 3,100 square feet, and construct a new 5,235 square foot single story residence with a 2,486 square foot basement. Maximum height of the structure will be 24 feet tall. The property is 33,105 square feet in size and is located within a R-1-40,000 zoning district. STAFF RECOMMENDATION Approve the Design Review application by adopting Resolution DR-00-052. ATTACHMENTS 1:' Staff Analysis 2. Resolution DR-00-052 3. ~ Arborist Report dated October 5, 2000 4. Letter from Arborist dated January 17, 2001 5. Plans, Exhibit "A" • • • 000002 File No. DR-00-052;15171 Maude Avenue STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: Residential -Very Low Density MEASURE G: Not applicable PARCEL SIZE: 33,105 square feet (net) AVERAGE SITE SLOPE: 9% GRADING REQUIRED: 1030 cubic yards of cut for basement and 270 cubic yards of fill. MATERIALS AND COLORS PROPOSED: Exterior finish will be light beige stucco with white trim, and a dark brown concrete the roof. Color and material samples will be available at the public hearing. Proposal Code Requirement/ Allowance Lot Coverage: 12% 35% Floor Area: Living area 4,471 sq. ft. 5,532 sq. ft. Garage 764 sq. ft. (Basement) (2,486) sq. ft. TOTAL 5,235 sq. ft. Setbacks: Front 50 ft. 30 ft. Rear 68 ft. 20 ft. Exterior Side 94 ft. 25 ft. Interior Side 20 ft. 20 ft. Height: Residence 24ft. 26 ft oOO~o~ P:~Planning~ICim D~PC Staff Reports~DR Maude.doc File No. DR-00-052;15171 Maude Avenue PROJECT DISCUSSION Design Review The applicant is requesting Design Review approval to demolish an existing single story residence and two accessory structures, totaling 3,100 square feet, and construct a new 5,235 square foot single story residence with a 2,486 square foot basement. Maximum height of the structure will be 24 feet tall. The property is 33,105 square feet in size and is located within a R-1-40,000 zoning district. Staff finds that the project can be supported. The rooflines are well articulated and the materials and architectural style are compatible with the neighborhood. The perception of bulk and mass is minimized by the design and setbacks of the residence. Staff feels that the proposed design and materials are sensitive to the existing adjacent residences, as well as the natural environment. The project has undergone two design iterations per the City Arborist recommendations to preserve as many trees as possible. A footprint change removed the structure far enough away from two exceptional Coast Live Oaks (#9 and #10) so that they maybe retained. The City Arborist, Public Works Department and Santa Clara Fire Department have reviewed the application. Their recommendations are included in the proposal as conditions of approval. Parking The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The residence will have an attached three car garage. Grading 1030 cubic yards of cut for basement and 270 cubic yards of fill. No other grading is proposed. Geotechnical Review This application did not require review by the City Geologist due to the stability of the site. Trees The applicant has worked closely with staff and the City Arborist to minimize the impact of the proposed residence on 17 Ordinance-sized protected trees on the lot. The only trees proposed for removal are a Deodar Cedar (#14) and a Coast Live Oak (#15) due to placement and design of the structure. The Arborist lists these trees with a total value of $1,656. There is no need to remove other trees on site due to design changes to preserve the remaining trees. The City Arborist report contains recommendations for the protection of the remaining trees, replacement plantings for the Cedar and Oak, and a tree protection P:~PlanningUCim D~PC Staff Reports~DR Maude.doc ~~00~4 File No. DR-00-052;15171 Maude Avenue bond in the amount of $13,275.00. All of the Arborist's recommendations have been made conditions of approval in the attached Resolution. Fireplaces Two fireplaces are proposed for the residence. Only one fireplace will be permitted to be wood burning and the other will be required to be a gas insert only fireplace. Correspondence There has been no correspondence received for this application. Conclusion The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the City Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minim~e the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Approve the Design Review application by adopting Resolution DR-00-052. • P:~PlanningUCim D~PC Staff Reports~DR Maude.doc ooooOJ • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • DDDOds APPROVAL OF RESOLUTION NO. DR-OO-052 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Maesumi;15171 Maude Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval for the construction of a new 5,235 square foot residence with a maximum height of 24 feet, and a 2,486 square foot basement on a 33,105 (net) square foot parcel; 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 applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: ^ The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the design and placement of the house is such that it will not impinge upon neighboring properties. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimising tree and soil removal; grade changes will be minimised and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas, in that only one Ordinance-protected tree will be removed, and that tree is rated hazardous by the City Arborist, and that measures will be taken to protect other Ordinance- protectedtrees during construction. The proposed residence in relation to structures on adjacent lots, and to the surrounding region, will minimise the perception of excessive bulk and will be integrated into the natural environment, in that the structure's design incorporates elements and materials which minimise the perception of bulk and integrate the residence into the surrounding environment in that the structure's design is similar in scale, size and style to other homes within this area. • 0~00~~ File No. DR-00-052;15171 Maude Avenue ^ The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy in that the design of the residence is sensitive to the natural environment and the height of the house is compatible with surrounding residences in the neighborhood. ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The proposed residence will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. . Now, THEREFORE, 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 of DR-00-052; Maesumi for Design Review approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT The development shall be located and constructed per Exhibit "A", incorporated by reference. 2. Construction hours shall be 7:30 a.m. to 6:00 p.m. every day. No grading activity shall be permitted-on Saturday or Sunday. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: i. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. ii.: Four (4) set of engineered grading and drainage plans, also incorporating this Resolution as a separate plan page. iii. A final landscape and irrigation plan, subject to staff and City Arborist approval. P:~Planning~ICim D~PC Staff Reports~DR Maude.doc O~oOO~ File No. DR-00-052;15171 Maude Avenue iv. The plans shall indicate that there will be no more than one wood burning fireplace in the main residence and the wood burning fireplace shall be equipped with a gas starter. v. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. vi. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks and elevations are per the approved plans." 6. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 7. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction-Best Management Practices shall be included on the plans. 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. 8. No structure shall be permitted in any easement. 9. Landscaping and irrigation shall be installed per the staff-approved plan prior to issuance of Final Occupancy permit. 10. No ordinance size tree shall be removed (with the exception of trees #14 and #15) without first obtaining a Tree Removal Permit. CITY ARBORIST 11. All recommendations of the City Arborist's Report dated October 5, 2000 shall be met. This includes, but is not limited to: ii. The Arborist Report shall be incorporated, as a separate plan page, to the constn~ction plan set and the grading plan set and all applicable measures noted on the site and grading plans. iii. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." iv. A bond in the amount of $13,275.00 shall be submitted for tree protection. v. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. P:U'lanningUCim D~PC StatTReports~DR Maude.doc OQODOJ File No. DR-00-052;15171 Maude Avenue vi. Prior to Final Occupancy approval, the City Arborist.shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and replacement trees having been planted, the bond shall be released. vii. Any future landscaping shall be designed and installed in accordance with the Arborist's recommendations. FIRE DISTRICT 12. The fire Ilow for this project is 2,500 gpm at 20 psi residual pressure. The fire Ilow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. The applicant will coordinate with the Santa Clara County Fire Department and provide an on-site fire hydrant per Department specifications or provide an approved fire sprinkler system throughout all portions of the building. The fire sprinkler system shall conform to National Fire Protection Association Standard #13D,1994 Edition, City of Saratoga Ordinance requirements and Standard V-l, as approved by the Santa Clara County Fire Department. At the time of building permit application, applicant shall stipulate which of these options shall be utilized. 13. Provide an approved Early Warning Fire Alarm System throughout all portions of the structure, installed in accordance with City of Saratoga Standards. A licensed C-10 electrical contractor shall submit plans, calculations, a completed permit application and appropriate fees for review and approval prior to beginning their work. PUBLIC WORKS 14. All building and construction related activities shall adhere to New Development and Construction-Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. CITY ATTORNEY 15. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 16. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. P:U'IanningUCim D~PC Staff Repotts~DR Maude.doc ~ oOOO~o File No. DR-00-052;15171 Maude Avenue Section 2. Construction must be commenced within 24 months 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. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 24th day of January 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: • Chair, Planning Commission ATTEST: Secretary, Planning Com>:nission P:~Planning~ICim D~PC Staff Reports~DR Maude.doc UOOO11 • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • 000012 BARRIE D. COATS AND ASSOCL4TES Horticultural Consultants (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 January ] 7, 2001 Kim Duncan, Planner City of Saratoga 13777 Fruitvale Ave. Sazatoga, CA 95070 RE: Ridgecrest project, 15171 Maude Ave. Dear Kim, 1 have reviewed the revised plan (faxed oopy) and find that this revised design meets all of the requirezr~ents that I have suggested in order to preserve exist,uis trees. I endorse this revised plan, and I will be sending a revised fencing protection plan next week after I receive the actual copy. Respectfully submitted, Michael L. Bench, Associate B ~e D. Coate, Principal MLB/sl ~-1 ~~ 000013 . BARRIE D. COh fE AND ASSOCIATES Horticultural Consultants (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE RIDGECREST PROPERTY 15171 MAUDE AVENUE SARATOGA. Prepared at the Request of: Community Planning Department City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Site Visit by: Michael L. Bench _ ~ Consulting Arborisf October 5, 2000 Job # 10-00-248 Plan Received: 9-28-00 Plan Due: 10-17-00 000014 •i •i •i • i flJi~uay, JBiWaly ~... cal- ~ ~.l:O r'rv, ~., r.,,.... "..~- _a.,-, TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE RIDGECREST PROPERTY, 15171 MAUDE AVENUE, SARATOGA • • 238 l - Assignment At the request of the Planning Department, City of Saratoga, this report reviews the proposal to demolish an existing house with a detached garage and to construct a new residence in the context of potential damage to or the removal of existing trees. This report further provides information about the health and structure of the trees on site, and makes recommendations by which damage to them can be restricted to prevent significant decline. Summary This proposal exposes seventeen trees to some level of risk by construction. Possibly three or four trees, depending on design revisions, are planned to be removed by implementation of this design. Replacements which equal their value are suggested. Procedures are suggested to mitigate the damage that would be expected. A combination bond equal to 35% of trees # 1, 9, and # 10, and 15% the value of all of the other retained trees is suggested in accordance with the levels of the expected risks. Observations There are seventeen trees on this site that are large enough to be governed by the City Ordinance and are at.risk of damage by proposed construction. The attached map shows the location of these trees and their approximate canopy dimensions. Each of these trees has been tagged with a metallic label indicating its assigned number. There are additional trees on site that are smaller than those covered by City Ordinance. The seventeen trees are classified as follows: Trees # 1, 2, 5, 9, 10, 15 Coast Live Oak (Quercus agrifolia) Tree #3 Lodgepole Pine (Pinus contorta murrayana) Tree #4 Coast Redwood (Sequoia sempervirens) Trees #6, 8 Siberian Elm (Ulmus pumila) Trees #7, 14, 16 Deodar Cedar (Cedrus deodara) Tree # 11 Italian Stone Pine (Pinus pinea) Tree # 12 Ponderosa Pine (Pinus ponderosa) Tree # 13 Black Walnut (Juglans hindsii) Tree # 17 Monterey Pine (Pinus radiata) The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent -Poor) on data sheets that follow this text. This information is converted to a single descriptive rating indicating overall condition. This is intended to aid with planning. Exceptional Fine Specimens Fair Specimens Marginal Poor Specimens S ecimens S ecimens 1, 7, 9, 10, 11, 17 2, 3, 5, 12, 14, 4, 13 8 6 15, 16 Exceptional specimens must be retained at any cost and whatever procedures are needed to retain them in their current condition must be used. Fine specimens must be retained if possible but without major design revisions. Mitigation procedures recommended here are intended to limit damage within accepted horticultural standards in order to prevent decline. PREPARED BY: MICHAEL L BENCH, CONSULTING ARBORIST OCTOBER 15, 2000 00015 I (tUf~Oay, Jailuciy ~li;, ~~~~ i _.U;, r'iJ, ~;. f ~..~~~. J~a.:- -..~~-, „_ ~__ _ ._ ,. __ _ -~ 238 TREE SURVEY AND PRESERVATION RECOMMENDATIONS 2 AT THE RIDGECREST PROPERTY, 15171 MAUDE AVENUE, SARATOGA Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. Marginal specimens are typically worth retaining but could be removed if necessary to facilitate construction. Mitigations recommended here are intended to prevent significant decline. Poor specimens cannot significantly improve regardless of care. For any which are considered hazardous, removal is recommended. For those retained, mitigation may not be typically requested. There are several small silver wattle acacia trees (Acacia dealbata) on the south side of the property. This is an invasive species that will continue to spread. I suggest that only the .specimens with good structure be retained, if there are any, and that the new seedlings be removed on a regular basis. Impact of Construction The proposed plan would remove trees # 14 and # 15 by implementation of this design. The location of the house would result in such severe combined root damage and canopy losses to trees #9 and # 10 that they would not be expected to survive. Both of these specimens are Exceptional coast live oaks. The footprint of the house, which includes the cut for the light-well of the proposed basement, would have to be relocated a minimum of 15 feet from the trunk of tree #9 and a minimum of 18 feet from the trunk of tree # 10: This would likely cause a greater impact to trees #4, 16 and # 17, and in this event, tree # 16 may be lost, depending on the revised _ design. In my opinion, the sacrifice of trees #4 and # 16 are certainly preferable if necessary, to the loss of either tree #9 or # 10, because of their greater potential for longevity. Tree # 16 requires a minimum of 10 feet of undisturbed soil from the trunk in order to survive. In the event that the relocation of the house requires a significant change in the entry driveway or the entry to the house, in my opinion the sacrifice of tree #4 would be no great loss, because of the fact that it has been topped, which means it will always have a poor structure regardless of care or corrective pruning for its entire life. Bear in mind that the minimum clearance requirements (15-feet for tree #9 and 18-feet for tree # 10) for the footprint of the house are not completely based upon the estimated root damage that would be expected from the location of the footprint of the house (including the light-well of the basement), but is also based on the fact that there will be a drainage system installed, grading for drainage away from the foundation, and trenching for irrigation. All of these features that are outside the.footing of the house must be a minimum of 10 feet from the trunk of tree #9 and a minimum of 13 feet from tree # 10. Thus, this provides for 5 feet adjacent to the footprint of the house to construct these other features. If a greater encroachment to these two trees were to be allowed, these trees may not survive. Even with these clearance requirements, trees #9 and # 10 will require supplemental irrigation and 3-inches of mulch under their entire canopies. Although a pier and grade beam foundation design may be feasible in theory, it is not feasible because of other building requirements. Thus, pier and grade beam design is no longer considered an option for foundation construction for the purpose of reducing root damage to trees. The C'rrading and ]drainage Plan prepared by Kirkehy Engineering, dated August 1, 2000 provides for grading on the west and south sides of the location of the proposed house. This proposed PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST OCTOBER I5, 2000 oooOiV 1, IIUiSUoy, Jdfluciy I;.. _vv ~ _.vG iv. ,., -, ,.,.. ,. ,.._cy ~d r_. __ .,. _ .. ... 238 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE RIDGECREST PROPERTY, 15171 MAUDE AVENUE, SARATOGA grading would be highly damaging to trees #6-11. If these trees will be expected to survive, the proposed contour changes of elevations 411, 412, 413, 414, and 415, must not be done. Also, if the footprint of the house is relocated as requested the grading plan must be revised. As the plan is proposed, the impact to tree #13 would be destructive. However, it would not be a significant loss if tree # 13 did not survive. Demolition of the existing driveway may result in severe root damage to trees #2, 3, and # 17, if any soil directly beneath the driveway is removed with the driveway. The soil directly beneath the pavement must be prevented from drying out immediately following demolition. If large heavy equipment such as a crawler excavator is used for demolition or construction, the existing driveway must not be used as an access due to the risk of severe root damage to trees #2, 3, 4, and #17. Access must be limited to the open space between trees #4 and #5. The open space on the west side of tree # 1 must not be used for storage of materials or equipment even temporarily, because of the significant risk of root damage to this exceptional specimen. The locations of underground utilities are not noted on the plans provided. Trenching for utilities may damage or kill existing trees. All utilities must be located beyond the canopies of the existing trees as shown on the map attached with this report. In addition to these specific risks, the retained trees would likely be subjected to one or more of the following damaging events that are common to construction sites: 1. The stockpiling of materials or the storage of equipment under the canopies. 2. The dumping of construction materials, especially waste materials, such as painting products, mortar, concrete, etc.) under the canopies. 3. The construction traffic, including foot traffic across the root systems, and the parking of vehicles or construction equipment under the canopies under the canopies. 4. Demolition of the existing buildings, driveway, and pathways adjacent to trees resulting in bark injuries, broken branches, or root loss. 5. The excavations for foundation or for other construction adjacent to trees. 6. The trenching across root zones for new utilities or for landscape irrigation. 7. The grading of the surface soil resulting in the removal of quantities of absorbing root tips. 8. Broken branches or bark injuries as a result of construction equipment passing too close. 9. Landscaping, including incompatible plant species, trenching across tree root zones for irrigation, excessive soil disturbance of tree root zones, grading to create contours, etc. Virtually any landscape feature inside a tree's root zone results in a percentage of root damage. If the percentage is significant the affected trees will decline or die. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST OCTOBER 15, 2000 ~~0~1 / IfiUiSdc'y, JafW dfy i_, cVV"~ L.UO rrv, ~.. r.. ,,. ...,:.,cy ~~~~c, __ ~--_ _ ., __ 238 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE RIDGECREST PROPERTY, 15171 MAUDE AVENUE, SARATOGA 4 • Recommendations The following mitigation suggestions are intended to reduce the extent of construction damage to acceptable levels, so that retained trees can reasonably be assured of survival without decline. If any changes to these plans occur during construction, the following may require alteration. 1. I recommend that the footprint of the proposed house (including the cut for the light-well) be relocated a minimum of 15 feet from the trunk of tree #9 and a minimum of 18 feet from the trunk of tree # 10. 2. I suggest that construction period fencing be provided and located as noted on the attached map. Fencing must be of chainlink a minimum height of 5 feet, mounted on steel posts driven 18-inches into the ground. Fencing must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during construction. Fencing must be located exactly as shown on the attached map. 3. I recommend that access for demolition or for construction be limited to the areas (between trees #4 and #5) not protected by construction period fencing. 4. Demolition of the existing paving inside the areas protected by fencing must be done by hand. 5. Following demolition of the existing driveway (inside fencing) the exposed soil must be covered with 3-inches of wood chips in order to prevent desiccation of the absorbing roots of trees #2, 3, 4, 9, 10 and # 17. The wood chips must be spread immediately following demolition (i.e. within 1-2 hours), the spreading must be by hand, and the area must be thoroughly wet down. 6. Supplemental irrigation must be provided to retained trees #2, 3, 4, 9, 10 and # 17 during the dry months (any month receiving less than 1 inch of rainfall). Irrigate with 10 gallons for each inch of trunk diameter every two weeks throughout the construction period. This can be achieved by the use of a simple soaker hose for each tree. 7. There must be no grading, trenching, or surface scraping beneath the drip line of retained trees, (either before or after the construction period fencing is installed or removed), unless specifically indicated on the enclosed plan. Where this may conflict with drainage or other requirements, our office must be consulted. 8. Trenches for any utilities (gas, water, telephone, TV cable, etc.) must be located outside the canopy perimeters of retained trees unless specifically indicated on the enclosed plan. For any tree where this cannot be achieved, I suggest a project arborist be retained to determine acceptable locations. A 2-foot section of each trench adjacent to any tree must be left exposed for inspections by our office. 9. Trenches for a drainage system must be outside the protective fencing as noted on the attached map. For any tree where this cannot be achieved, our office must be consulted. 10. Excavated soil may not be piled or dumped (even temporarily) under the canopies of trees. 11. Any pruning must be done by an ISA Certified Arborist and according to ISA Western Chapter .Standards, 1988. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST OCTOBER 15, 2000 • • 000018 7~i (luf~iiuy, JGfWC~~ i-, cvv; ~.vG r^,.: i L' :., ....__e~ __:,... _. zsa TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE RIDGECREST PROPERTY, 15171 MAUDE AVENUE, SARATOGA 12. Landscape pathways and other amenities that are constructed under the canopies of trees must be constructed completely on-grade without excavation. 13. Landscape irrigation trenches, which cross a root zone, andlor excavations for any other landscape features must be no closer to a trunk than 15 times the trunk diameter from tree trunks. However, radial trenches may be made if the trenches reach no closer than 5 times the trunk diameter to any tree's trunk, if the spokes of such a design are no closer than 10 feet apart at the perimeter of the canopy. (see enclosure) 14. Sprinkler irrigation must be designed so that it does not strike the trunks of trees. Only drip or soaker hose irrigation is allowed beneath the canopies of oak trees. 15. Lawn or other plants that require frequent irrigation must be limited to a maximum of 20% of the entire root zone and a minimum distance of seven times the trunk diameter from the trunk of oak trees. 16. Bender board or similar edging material may not be used beneath the canopies of existing trees, because its installation requires trenching of 4-6 inches, which may result in significant root damage. 17. If landscape plants are to be installed within the root zone of an oak tree, it should be planted only with compatible plants. A publication about compatible plants can be obtained from the California Oak Foundation, 1212 Broadway, Suite 810, Oakland 94612. 18. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be directly in contact with the bark of a tree due to the risk of disease. 19. Materials or equipment must not be stored, stockpiled, dumped, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. Value Assessment The value of the trees are addressed according to ISA Standards, Seventh Edition, 1988. Trees # 14 and # 15 have a total value of $1,657, which is equivalent to four 24-inch boxed native specimens. Replacements are suggested. If sufficient clearance cannot be provided for tree # 16, it will not be expected to survive the long-term. In this event, replacements are suggested. Tree # 16 is equivalent to two 24-inch boxed native specimens. Replacement specimens (including 24-inch boxed specimens) may not be available at the end of the project unless the trees are secured with a grower at the onset of construction. I recommend that it be required that replacement trees be secured within 60 days of the issuance of permits. Trees # 1, 9 and # 10 have a combined value of $23,457. To assure protection of these, I suggest a bond equal to 35% ($8,209), of their value. To assure protection of all of the other retained trees ($33,776), I suggest a bond of 15 ;'o ($5,066) of their total value. S Acceptable native tree replacements are: Coast live oak -Quercus agrifolia Valley oak - Quercus lobata U0UU1~ PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST OCTOBER 15, 2000 Tnursoay, January 10, ~'Uu'~ 2.uo rid, ~ c. 238 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE RIDGECREST PROPERTY, 15171 MAUDE AVENUE, SARATOGA Big leaf maple -Acer macrophyllum California buckeye =Aesculus californica Coast Redwood -Sequoia sempervirens Respectfully submitted, Michael L. Bench, Associate Barrie D. Coate, Principal MLB/sl -- Enclosures: Tree Data Accumulation Charts Map , Tree Protection Before, During and After Construction Protective Fencing Specifications Radial Trenching Beneath Tree Canopies ~~ ~i PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST 000020 OCTOBER 15, 2000 c (V r-1 1~ O h ro 0 +~ ro ro O D N b ~~ r '~ .O A O h a--~ fy U a~ b .~ a u A O h Ic~L) A1RIOlad ItlAOW3?J ti m ItlAOW3M ON3WW00321 ~ ~ ~ ~' o -'~ ~ ~ ~ -' m E :; > ,~ > : > > ~ ~ > > E , , ' , v - , a3Zlllla3d S033N ~ ~ ~ S ,A 8 b ~ ~ ~ ~ ~ ~ S ~ m S ~ ~ S (S-L) a31b'M S033N ~~ ~~ ~~ ~~ ~~ ~~ (S-L) 3SV3SI0 ab'1100 lOOa m ^ n m A m (S-L) 03a3A00 aVIIOO lOOa ~ ~ ~ ~ ~ ~ ~ __ x x x x x x a (s-L)~v~3a ~INnal a ~ (S-L) DOOM OV30 ~ ~ ~ ~ m ~ i _ - a a (S-L) 3SV3S10 NMOaO 33x1 u w o ~c m ~ ~ ~ w w (S-L) S103SNI ~~ ~~ ~~ ~~ ~~ ~i (S-L) .LLlaOlad `JNINnad g o N o ° 0 m 0 c # 03033N S318tl0 d ~ 8 $ ~ Z 1H'J13M-ON3 3AOW3a $ ~ ~ x x x x x x ~ `JNISIVa NMOaO a 5 NOIlVaOlS3a NMOaO ~ u~ r u~ cv ~ a `JNINNIHl NMOaO ~ ~ w ~ a xi ~ w ~ ° ro » m m w ~ ~n us ~JNINV3l0 NMOaO ~~ ~~ ~~ ~~ ~i ~~ (6-£)'JNIlVa Oab2VH 0 °° 0 °° o o ~ e o0 o 0 c a (OL-Z) `JNIlb21 NOIlION00 N W ~ ~ < W ~ ~ N ~ r W ~ ~ a ~ ~ ~ _ ~ (S-L) 3anlOnalS N N N M N ~ ui a ~ y x x x x x x (S-L) H1lV3H ~ M OV3adS vi ~ r°i ~ r°i N M ~ ~ ~ ,°~ v -- - - v> a ~i ri (v ~n 1HJ13H roe ~ M '~ N N '~ N N '~ O ~ Y! 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X NI ~ h N ~ ~ d' ~ ~? ~ ri) ~ N' ~~~ ds 1n~ 3~ )v ~' I O _ N~ m, 1 O' 11 ~ ~ ~ N M M ~ ~ ~ °' ~ N ' II IF II 11 . II i I II II,I ~~ ~ L11 ~ ~ ~ ~ N. \ N ~ K X ~ X X ~' ~~ x '~ N M d' `~ ~ l~n' to _ M 6 N ~ o 211 .__.~_M--.Q- .n . J _. .. ~ I -°r r 0' • r ~ Y ~ ITEM 3 REPORT TO THE PLANNING COMMISSION Application No./Location: DR-00-047 ~ V-00-019;14231 Burns Way Applicant/Owner: SHAHBAZI --~ Staff Planner: Mark J. Connolly, Assistant Planner ~~~ Date: January 24, 2001 APN: 503-23-041 Department Head: ~~-.~~, i • 000001 14231 ~3urns Way CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION EXECUTIVE SUMMARY 9/29/00 U8/Ol U10/Ol U1U01 lU4/Ol The applicant has requested Design Review and Variance approval to add 1,325 square feet to an existing 1,790 square foot single story residence. Variance approval is required to allow a portion of the addition to be built within the rear yard setback to match the existing non-conforming 18 foot setback. The maximum height of the residence will be 16 feet, 6 inches. The site is 10,290 square feet (net) and is located within an R-1-12,500 zoning district. STAFF RECOMMENDATION Approve the Design Review and Variance applications by adopting Resolution No. DR-00- 047 &t Resolution No. V-00-019. ATTACHMENTS 1. Staff Analysis 2. Resolution DR-00-047 C~ V-00-019 3. Plans, Exhibit °A° • • 000002 r • • File no. DR-00-047 &t V-00-019;14231 Burns Way STAFF ANALYSIS ZONING: R-1-12,500 GENERAL PLAN DESIGNATION: Residential -Very Low Density MEASURE G: Not applicable PARCEL SIZE: 10,290 sq.ft. AVERAGE SITE SLOPE: Less than 5% GRADING REQUIRED: There is no grading required for this application. MATERIALS AND COLORS PROPOSED: Stucco exterior painted medium tan with white trim, flat wood composition shingles. Color and material samples will be available at the public hearing. Proposal Code Requirement/ Allowance Lot Coverage: 44% 55% Floor Area: Living area 2,691 sq. ft 3,370 sq. ft. Garage 424 sq. ft. Porch 23 sq. ft. TOTAL 3,138 sq. ft. Setbacks: Front 25 ft. 25 ft. Rear 18 ft. 25 ft. Left Side 10 ft. 10 ft. Right Side 10 ft. 10 ft. Height: Residence 16 ft., 6 in. 18 ft. P:\Planning\Mark\PC Staff Reporrs\DR-00.047 Br V-00-019.doc; Shahhaziil O o o O o File no. DR-00-047 &r V-00-019;14231 Burns Way ~ PROJECT DISCUSSION Design Review The applicant has requested Design Review and Variance approval to add 1,325 square feet to an existing 1,790 square foot single story residence. The maximum height of the residence will be 16 feet, 6 inches. The site is 10,290 square feet and is~ located within an R- 1-12,500 zoning district Staff finds that the project can be supported. The shape of the lot constrains development alternatives. In addition, the lot just meets the minimum required depth for the zone district, which makes it very difficult to be able to achieve the allowable floor area. Beyond that, nearly 60 feet of the existing structure is seven feet within the required 25 foot rear yard setback. Since the project will allow for the expansion of an existing nook and the windows will match the style and height of the existing windows, there will be minunal impact on the neighbor to the rear. The rooflines are well articulated and the placement of the residence is sensitive to the existing adjacent residences, as well as the natural environment. Staff feels that the proposed design and materials are compatible with the neighborhood. Variance Variance approval is required to allow 48 square feet of the addition to be built within the rear yard setback. The addition will match the existing non-conforming structure with an 18 foot rear yard setback. Staff feels that the Variance can be supported in that the lot configuration constrains development alternavites, the granting of the variance is not a special privilege and will not be injurious to adjacent neighbors or the environment. The Public Works Department, and the Saratoga Fire District have reviewed the application. Their recommendations are included in the proposal or as conditions of approval. Parking The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The residence will keep the existing attached two car garage. Grading There is no grading proposed for this application. Geotechnical Review This application did not require review by the City Geologist due to the stability of the site. P:~Planning~Mark~PCSraff Reports~DR-00.047 fu V-00-019.doc;Shahbaziil 400004 t File no. DR-00-047 ~St V-00-019;14231 Burns Way Trees The City Arborist was not consulted on this project because no ordinance protected trees are at risk on this application. The closest ordinance protected tree is 15 feet away from the proposed construction, and there is no construction access near these trees. The City Arborist report contains recommendations for the protection of existing trees on the site. There are 10 trees on the property potentially at risk of damage by construction. The report contains recommendations for the restoration and protection of the health of all trees on site. All of the Ciry Arborist's recommendations have been made conditions of approval'in the attached Resolution. Fireplaces The plans clearly indicate that only one wood-burning fireplace will be constructed in the new residence. There is one chimney proposed. Correspondence No correspondence regarding this application has been received to date. Conclusion The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the Ciry Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minimise the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and. impervious coverage. STAFF RECOMMENDATION Approve the Design Review application by adopting Resolution DR-00-042. • [':U'lanning~Mark~PCS[aHReports~DR-00-047f¢ V-00.019.doc;Shahbaziil 000005 • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • ~~~0~6 r APPROVAL OF RESOLUTION NO. DR-00-047 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SHAHBAZI;14231 Burns Way WHEREAS, the Ciry of Saratoga Planning Commission has received an application for Design Review approval to add 1,325 square feet to an existing 1,790 square foot single story residence on a 10,090 square foot parcel; 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 applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: ^ The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and soil removal; grade changes will be minimised and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas and in that there is no grading proposed outside of the basement excavation and no ordinance protected trees are proposed to be removed. The proposed residence in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment, in that the structure's design incorporates elements and materials which minimise the perception of bulk and integrate the residence into the surrounding environment in that the structure's design incorporates elements and materials which minim~e the perception of bulk and integrate the residence into the surrounding environment and the structure's design is similar in scale, size and style to other homes within this area. ^ The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. 0~0~~~ File no. DR-00-047 Fst V-00-019;14231 Burns Way b ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. ^ The proposed residence will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. Now, THEREFORE, 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 of DR-00-047; SHAHBAZI for Design Review approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following: i. The plans shall show only one wood burning fireplace. ii. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks are per the approved plans." 3. No Ordinance-size tree shall be removed without first obtaining a Tree. Removal Permit. 4. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 5. No structure shall be permitted in any easement. • P:~Planning~Mark~PC Staff Repocts~DR-00-047 fq V-00.019.d«;Shahbaziil O oo O ^~ ! File no. DR-00-047 &t V-00-019;14231 Burns Way 6. A storm water retention plan 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. FIRE PROTECTION DISTRICT 7. The roof covering shall be fire retardant, Uniform Building Code Class "A" prepared or built-up roofing. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga Code-Article 16-60. 9. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. 10. Automatic sprinklers shall be installed in the constructed garage (2 heads per stall). The designer/architect shall contact the San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. 11. All driveways shall have a 14 foot minimum width plus one foot shoulders. • CITY ATTORNEY 12. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 13. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it, is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months 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. • P:\Planning\Matk\PCStaHRepocts\DR-00-047fQ V-00.019.doc;Shahbaziil 000009 File no. DR-00-047 ~ V-00-019;14231 Burns Way '~ PASSED ANn ADOPTED by the City of Saratoga Planning Commission, State of California, this 24th day of January 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • P:~Planning~Mark~PC Staff Reporrs~DR-00.047 FQ V-00.019.doc;Shahbaziil 0 v O O~ V File no. DR-00-047 &t V-00-019;14231 Burns Way APPROVAL OF RESOLUTION NO. V-00-019 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SHAHBAZI;14231 BURNS WAY. WHEREAS, the City of Saratoga Planning Commission has received an application for Variance approval to allow to allow 48 square feet of the addition to be built within the rear yard setback to match the existing non-conforming structure with an 18 foot rear yard setback. 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 applicant has met the burden of proof required to support said application for Variance approval, and the following findings have been determined: ^ Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the setback regulations would deprive the applicant of privileges enjoyed by adjacent properties in the vicinity in that the site is very constrained and there is little room for addition to the existing structure within the required setback despite there being allowable floor are to expand. ^ The granting of the Variance does not constitute a granting of special privilege in that in other residences with similar topography they would receive similar consideration. ^ The granting of the Variance will not be detrimental to public health, safety, or welfare or injurious to properties in the area in that it will be minimally visible to the adjacent properties and is extending along an existing wall, and it poses no health or safety risks. Now, THEREFORE, 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 of SHAHBAZI for Variance approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: P:\Planning\Mark\PCStaffReporrs\DR-00-04762 V-00.019.doc;Shahbaziil 000011 File no. DR-00-047 ~ V-00-019;14231 Burns Way v b. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following: iv. The plans shall show only one wood burning fireplace. v. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. vi. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks are per the approved plans." 3. No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 4 FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. S No structure shall be permitted in any easement. 6. A storm water retention plan 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. CITY ATTORNEY Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 8. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this Ciry per each day of the violation. • 000012 P:~Planning~Mark~PC Staff Reports~DR-00-047 f¢ V-00.019.d«; Shahbaziil r File no. DR-00-047 &r V-00-019;14231 Burns Way Section 2. Unless appealed pursuant to the requirements of Article 15-90 of the City Code, this Resolution shall become effective fifteen days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 24th day of January 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • P:U'Ianning~Mark~PC StallReports~DR-00.047 &r V-00-019.doc;Shahbaziil if OOO ~ t 7 • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • ~~~~~~ > m 86/trf6d8°I(XV:1 96gf6N90~ aZis6 V~'3sotM+S'~AV NOOWNNda v-oefi OL056 dJ.'dJQLd~P/S'AdM SN2i1]B IEZ41 °j .9 e owe u ' y o ~v,•d ~ x n .~. ~ ~ i z H ~ x ~ IZ~'gH~'HS H~L~I~Z~'~ ~ IQFI~3At a ~ o ~ q ' NVWiNVH'dQ~IVH~I~I /~ T r'( - > ~ a J.r -~1 O ~I03 'I~QON[~2I ~' NOI;I,Igttd. a a - o o` o f ~~~ ~ i ~ ~' x "~^ ,~,~~ 3I O ,-. ~ w ~~~ " ' .pc ~ I ~ ab~1pp .. I ~ ~ ~ ~ I ' w a ~s~ :, ~J ~I _ it's, ,- ~ , ~ ~ ~"~~ w ~k ~~ ~ age ~ ~: ~~ i ~ _ ~~ ~,~~., v' ~"~' f ~ u I ~d~ 4 I ~ --- -- --~ ~ ~ . ?~:' )i G _ x-5,8= 2 4 ~ I O ~ (7 J' _ ~ i- t 4 l ~ ~' .. • iN ,:f.. I ~ I ~ ~ ~ . 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GG l 1 Li. ~ (J"..' , ~ ~ i !~ ~ ~ Li:lu'~ Il~ ~ ' S i:~IL$. e ~ ITEM 4 REPORT TO THE PLANNING COMMISSION • ~.I Application No./Location: DR-00-011, SD-00-001, BSE-04-012, and V-00-018 14612 Big Basin Way &r 20717 St. Charles Street Applicant/Owner: TRAFALGAR, INC Staff Planner: Philip W. Block, Senior Planner ~~~ Date: January 24, 2001 APN: 517-08-008 &z 016 Department Head: ~` ~ 1 G4' ~ ~ I ~ ~ ~~ ~ Y~~~ ~ ~~~ ~ ~ ~ North E57ERLEE AVE / ~ rf, ~ ~~ 0 1 _ s ~ ~ JH ~ d ~, ~~~ / ~ ~ °e / V W W /~, f7 m r T '~ = s~ Cq \\~9`~• ~eq c ~ % R E ~ t i o O N /~ r // ~` j C '' ~ / ~• / ~. \ / ~ ~~ JACK ~,,~ W \ \ ~ ~ W U ` ~ ~ i ` \ ~`/hf ~ /'~ s! . Y` ~ / . ` ~~~ J 14612 Big Basin Way ~r 20717 St. Charles Street 000001 EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 3/U00 1U17/00 U10/Ol Ull/Ol U4/Ol Request for Design Review, Vesting Tentative Subdivision Map and Variance approval to allow the subdivision of a 22,582 net square foot site into six lots ranging in size from 1,756 square feet to 2,489 square feet and two additional common area lots. The proposal calls for demolishing four existing residences with garages totaling 4,595 square feet and 1,000 square feet of retail space that includes a second story flat. Five new 2,686 to 3,030 square foot townhouses, including garages and basements would be constructed. Additionally, 1,316 square feet of retail space with a second story condominium would face Big Basin Way. The front portion of the project would have access from Big Basin Way and the rear townhouses from St. Charles Street. The Big Basin Way half is zoned CH-2 and the St. Charles Street half is zoned R-M-3000. STAFF RECOMMENDATION Listen to testimony, discuss the proposed project and continue the item for a public hearing and final action. ATTACHMENTS 1. Staff Analysis 2. Environmental Initial Study and Negative Declaration dated December 19, 2000 3. Arborist Reports dated March 27, 2000 and May 17 ~ June 6, 2000 (Environmental Initial Study attachment) 4. Heritage Preservation Commission Minutes for October 10, 2000 Meeting 5. January 18, 2000 letter from S. Srinivasan and Malini Srinivasan,14598 Big Basin Way 6. Plans, Exhibit "A" C7 000002 File No. DR-0-011, SD-00-001, BSE-00-012 and V-00-018 14612 Big Basin Way X20717 St. Charles Street STAFF ANALYSIS ZONING: CH-2 (Historical Commercial)- Big Basin Way lot R-M-, 3000 (Multiple-Family)- St. Charles Street lot GENERAL PLAN DESIGNATION: CR (Retail Commercial)-Big Basin Way lot RMF (Multi-Family)14.5 DU/net acre-St. Charles lot MEASURE G: Not applicable PARCEL SIZE: Net size 22,582square feet (0.518 acres) AVERAGE SITE SLOPE: 9 GRADING REQUIRED: 600 cubic yards of cut and 600 cubic yards of fill. 9' basements with other fill approximately 4'. MATERIALS AND COLORS PROPOSED: The exterior finish will be beige stucco and brick veneer with dark beige and green trim and accents. "Hardi-slate" will be used as the roofing material. Color and material samples will be available at the public hearing. PROJECT DISCUSSION Background Because this project is located on Big Basin Way in the Village and has a number of policy issues, staff is bringing it to the Planning Commission in two steps. At this first meeting staff rec{uests that the Planning Commission take public input, discuss the policy issues, consider various alternatives and continue the item for a future public hearing and final action. The item will then be brought back to the Commission with detailed project conditions and draft resolutions. One half of the site (Parcel A) fronts on Big Basin Way and is zoned CH-2 (Historical Commercial). The rear portion of the site (Parcel B) fronts on St. Charles Street and is zoned RM-3000 (multiple-family residential). The present zone district boundaries are being maintained by the proposed Vesting Subdivision Map, which will provide clear definition of use in the future. An Environmental Initial Study and Negative Declaration have been prepared and are attached. • P:\Planning\PhiAPC StafERepotts\Big Basin Way6i St. CharlesSt TrafalgarDR-SD-BSE-V 1.24.Ol.doc O oo O 03 File No. DR-0-011, SD-00-001, BSE-00-012 and V-00-018 14612 Big Basin Way ~st20717 St. Charles Street Commercial Policy Issues (Parcel A) One issue is whether the applicant should maxirni~e the retail use in the CH-2 half of the site. The Zoning Ordinance {15-19.050 (2)} allows single-family and multi-family residential units as permitted uses when located either above the street level or at the street level if separated from the street frontage by a retail or service establishment. The Village Plan calls for a traditional town center of specialty shops, restaurants, convenience stores, services and residences.. The pedestrian core area is limited in size and is already built out. Therefore, it is important to carefully consider the implications on the long-term competitiveness of the Village when commercially zoned parcels are proposed to be utilized for non-retail uses, particularly residential. The applicant desires to build as many townhouses as possible on Parcels A and B. In response to the staffs concern about max;mi~ing retail commercial uses on CH-2 zoned Parcel A, the applicant increased the initial proposed retail area by 30% to its present proposed 1,316 square feet which could be divided into two shops of approximately 650 square feet each. In doing so the applicant stated: "The demand for retail space in the Village in general is low with several vacancies already existing in the more desirable retail area on `lower' Big Basin Way (below Fifth Street). To insist on further retail area in the less desirable area of `upper' Big Basin Way (above Fifth Street) would result in the loss of residential units which we feel would be unreasonable. Our design is based upon the present zoning and the intent of the specific Village Plan on which this zoning is based Incidentally, we need the 61/2 parking spaces for the retail. This together with the driveway needed to support this parhingplus the pedestrian open space means that 50% of the area of the lot on Big Basin Way is necessary to support 1,300 square feet of retail. We feel that allocating half the lot for retail is fair." A second issue is how many townhouses are appropriate on Parcel A given the goals of the Village Plan and the City policy of m;nimi~ing residential development in commercial zone districts because of the limited amount of commercially zoned land in Saratoga. Staff understands this is particularly an issue in the Village. It is in the City's interest to promote retail uses in the Village area with office and residential uses being subordinate to pedestrian oriented retail uses. Therefore it may be reasonable to require that the proposed 1,316 square feet of retail commercial for Parcel A be expanded. The applicant's request was filed prior to the City Council's commercial moratorium (March 15, 2000 effective date). Therefore, the Planning Commission can approve the applicant's request for townhouses on the CH-2 portion of the site if the Commission feels it is consistent with the Village Plan, design policies and is compatible with the surrounding land uses. The Planning Commission has the following alternatives: 1. Approve the applicant's request for Parcel A, i.e.1,316 square feet of first Iloor retail with a second Iloor residential condominium above and two townhouses. P:~Planning~PhihPC Staff Reports~Big Basin Way6z St. Charles St. TtafalgarDR-SD-BSE-V 1.24.OLdoc O o 0 0 O~ File No. DR-O-OlI, SD-00-001, BSE-00-012 and V-00-018 14612 Big Basin Way ~Cz20717 St. Charles Street . 2. Require Parcel A units 1 and 2 to be retail on the first Iloor and allow residential on the second Iloor. Unit 3 could be one townhouse. 3. Require retail commercial for the entire first Iloor of all Parcel A buildings. Allow residential on the second Iloor of all Parcel A buildings. 4. Some combination of the above. Density Issue (Parcel B) Parcel B, the half of the site that fronts on St. Charles Street, is zoned R-M-3000. The minimum net site area per dwelling unit in R-M districts is 3,000 square feet. Therefore, three is the maximum number of dwelling units that can be constructed on Parcel B (11,332 square feet) assuming all setback, parking and other requirements can be met. The applicant understandably wishes to maxim~e use of the property and therefore has requested three townhouses. The site can accommodate the three proposed townhouses and meet zoning ordinance requirements; however, staff would prefer only two units on the St. Charles one half of the site. Staff recommends that the applicant create two lots which will preserve a mature cork oak on site. Although replacement trees could be planted in exchange for removing Tree #8 (cork oak with a 40-50 foot canopy), it is an exceptional specimen that, by City policy, should be retained if at all possible. Two units would also allow more open space at this end of the property and would provide for a better transition to the single family zoning on the south side of St. Charles Street. Another consideration is the narrowness of St. Charles Street. One of the purposes of this zone is to preserve as many desirable characteristics of single-gamily residential districts as possible, while permitting higher population densities. The Planning Commission should discuss the planning considerations and options as to how many townhouses are appropriate for Parcel B. The applicant has requested three and staff would rather see two townhouses. Subdivision/Variance/Design Review The applicant has requested approval of a Vesting Tentative Subdivision Map, Variance and Design Review to allow the subdivision of a 22,582 net square foot site into six lots ranging in size from 1,756 square feet to 2,489 square feet and two additional common area lots. The proposal calls for demolishing four existing residences with garages totaling 4,595 square feet and 1,000 square feet of retail space that includes a second story Ilat. Five new 2,686 to 3,030 square foot townhouses, including garages and basements would be constructed. Additionally, 1,316 square feet of retail space with a second story condominium would face Big Basin Way. The front pomon of the project would have access from Big Basin Way and the rear townhouses from St. Charles Street. The Big Basin Way half is zoned CH-2 and the St. Charles Street half is zoned R-M-3000. P:~Planning~Phi[~PC StaHReporu~Big Basin Way6z St. CharlesSt. TrefalgarDR-SD-BSE-V 1.24.Ol.doc O o00 oaf File No. DR-0-011, SD-00-001, BSE-00-012 and V-00-018 14612 Big Basin Way &x20717 St. Charles Street The applicant has requested approval of a rear yard setback variance. Secrion 15-19.050 states that where the rear lot line of a lot in the CH-2 District abuts an R-M District, the minimum rear yard shall be 30 feet, plus one foot for each two feet of height of a structure within 60 feet of the rear lot line exceeds 14 feet in height. The buildings are proposed to be 26 feet high in the CH-2 portion of the site and 28 feet in the R-M-3000 half of the site. The buildings are designed in a contemporary architectural style and incorporate rooflines, materials and detailing that reduce the appearance of bulk and height. Overall, the architecture appears compatible with the buildings in the surrounding area. Landscaped sitting areas are proposed in front of the retail space adjacent to the Big Basin Way sidewalk. The Ciry Arborist and the Saratoga Fire District have reviewed the application and provided recommended conditions. We expect to soon receive conditions from the Public Works Department. All of these recommendations will be included in the proposal or as conditions of approval when the draft resolutions are prepared. In addition to the usual design considerations this project is sensitive because it fronts on Big Basin Way in the Village and it impacts a magnificent tree on the adjacent motel property that the Arborist report refers to as "one of the best valley oak specimens that I have seen in the area." Parking The Saratoga City Code requires each residence located in amulti-family development to have at least one enclosed parking space within a garage plus one and one-half spaces on the site. Each townhouse will have an attached two-car garage plus one-half space in the common area. The applicant has utilized two compact parking spaces to slightly increase the amount of parking near the retail area. Also, the north side of the site is located adjacent to on-street parking spaces within the Village Parking District(s). Therefore it appears the applicant does not necessarily have to provide the usual number of off street parking spaces for the retail portion of the project. Grading Grading is proposed to tota1600 cubic yards of cut and 600 cubic yards of fill with no soil imported or exported. Geotechnical Review This application did not require review by the City Geologist due to the stability of the site Trees The City Arborist report dated March 27, 2000 (attached to the Environmental Initial Study) contains recommendations for the protection of existing trees on the site and adjacent site. There are fourteen trees exposed to some level of risk by the proposed P:~Planning~Phi[~PC StaHRepotu~BigBasin Way6z St. CharlesSt TtafalgarDR-SD-BSE-V 1.24.Ol.doc O 00006 File No. DR-0-011, SD-00-001, BSE-00-012 and V-00-018 14612 Big Basin Way &t20717 St. Charles Street construction. Significant design revisions are suggested in order to preserve Exceptional specimens #3 (valley oak w/ 80-90 canopy), #4 (coast redwood w/ 20 foot canopy), and #8 (cork oak w/ 40-50 foot canopy). The report states that: "However, in the case of tree #3 (the neighboring valley oah) the single descriptive term "Exceptional" does not do this tree justice in the sense that we also use this term to describe small diameter specimens. Tree #3 is one of the best valley oah specimens that I have seen in this area I consider it to be exceptional of the exceptional, and in my opinion, it should be treated with all possible care and caution" Some mitigation procedures are suggested in the March 27, 2000 Arborist Report, but further analysis is suggested for trees #1 (coast live oak w/ 60-80 foot canopy) and #8. Following a further site visit(s) an additional Arborist report dated May 17 ~ June 6, 2000 was prepared (attached to Environmental Initial Study). During its discussion, the Planning Commission should consider whether preserving Tree #4 is important enough to reduce the number of townhouses allowed on the St. Charles Street portion of the site. Fireplaces The plans indicate that only one wood-burning fireplace will be constructed in each of the new residences and there is one chimney proposed for each townhouse. Correspondence S. Srinivasan and Malini Srinivisan, 14598 Big Basin Way (adjacent property owners to the east) have submitted a letter (attached) that raises a number of concerns about the proposed project including the joint ingress-egress easement. Conclusion This proposed project is complicated because it is in the Village core area and involves a number of policy issues. The purpose of this agenda item is to take testimony and discuss the various options and ramifications. At a later date staff will schedule a public hearing and return with draft resolutions containing detailed conditions in order for the Commission to take final action. This project is affected by the City's policy of min;m;~ing residential development in commercial zone districts and the question of whether the rear portion of the proposed townhouses is compatible with narrow St. Charles Street and the adjacent residential area. There is also the issue of maxunizing tree preservation and requiring addition landscaped open space versus allowing the maximum density allowed. STAFF RECOMMENDATION Listen to testimony, discuss the proposed project and continue the item for a public hearing and final action. P:U'IanningU'IilAPC Staff Reports~Big Basin Wayfu St. CharlesSt TrafalgatDR-SD-BSE-V 1.24.Ol.doc o ooOO~ • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • ~000~8 ENVIRONMENTAL INITIAL STUDY AND NEGATIVE DECLARATION Prepared For TRAFALGAR, INC. Proposed Townhouses and Retail December 2000 Project Description: Request for Vesting Tentative Subdivision Map approval for the subdivision of a 22,582 net square foot parcel into six condominium lots ranging in size from 1,756 square feet to 2,489 square feet and additional common areas. The proposal calls for demolishing four existing homes with garages totaling 4,595 square feet and 1,000 square feet of retail space that includes a second story flat. Five new 2,686 to 3,030 square foot townhouses, including garages and basements would be constructed. Additionally, 1,300 square feet of retail space with a second story condominium would face Big Basin Way. The front portion of the project would have access from Big Basin Way and the rear townhouses from St. Charles Street. The site is zoned a combination of CH-2 and R-M-3,000. Project Location:14612 Big Basin Way and 20717 St. Charles Street Applicant: TRAFALGAR, INC. 247 North Third Street San Jose, California 95112 Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 City of Saratoga TRAFALGAR, INC. 000009 CONTENTS Environmental Evaluation/Checklist Negative Declaration Attachment A: Exhibit A (Plans) Attachment B -City Arborist Report, March 27, 2000 Attachment C -Heritage Preservation Commission October 10, 2000 Minutes • City of Saratoga TRAFALGAR, INC. ~000~~ ENVIRONMENTAL ISSUES Potentially Potentially Less Than No (See anachments for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ?IrL=AND=USE AND-PLANNING. eWould heproposaL•- a) Conflict with general plan designation or zoning? p p ~ ~ b}Conflict with applicable environmental plans or policies p p ~ ~ adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? p p ~ ~ d) Affect agricultural resources or operations (e.g., impacts to p p p ~ soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an p p ~ ~ established community (including aloes-income or minority community)? Sources: City of Saratoga General Plan -Land Use Element, Saratoga City Code -Zoning Ordinance 'IL4POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population p p ~ ~ projections? b) Induce substantial growth in an area either directly or p ~ ~ ~ indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? p p ~ ~ Four existing homes and a second story flat will be demolished to provide a location for the five new townhouses and second condominium. There will be a net gain of one unit. Sources: Ciry of Saratoga General Plan -Housing Element, Plans ("Exhibit A") III. GEOLOGIC PROBLEMS. Would the~proposal result in or expose people to-potential impacts involving: a) Fault rupture? ~ ~ ~ ~ b) Seismic ground shaking? ~ ~ ~ ~ c) Seismic ground failure, including liquefaction? ~ ~ ~ ~ d) Seiche, tsunami, or volcanic hazard? ~ ~ ~ ~ e) Landslides or mudflows? ~ ~ ~ ~ f) Erosion, changes in topography or unstable soil conditions p !] ~ ~ from excavation, grading, or fill? ~~ City of Saratoga TRAFALGAR, INC. 000011 ENVIItONMENTAL ISSUES Potentially ..,tentially Less Than No (See attachments for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated g) Subsidence of the land? ~ ~ ~ ~ h) Expansive soils? ~ ~ ~ ~ i) Unique geologic or physical features? p p p ~ Sources: City of Saratoga General Plan -Safety Element IV. WATER. Would the proposal resulYin: ~ ' .:, a) Changes in absorption rates, drainage patterns, or the rate p p ~ ~ and amount of surface runoff? Absorption rates will decrease and surface runoff will increase as the percentage of the lot covered by impervious surfaces is increased. The project will not exceed the maximum percentage of structural coverage allowed by the zoning ordinance for the CH-2 and R-M-3,000 zoning districts which the two lot site is zoned. Building coverage on the Big Basin Way lot will be approximately 4,620 square feet (41.1 %) and on the St. Charles Street lot approximately 4,490 square feet (39.6%). b) Exposure of people or property to water related hazards p p p ~ such as flooding? c) Discharge into surface waters or other alterations of surface p p p ~ water quality (e.g., temperature, dissolved oxygen, or turbidity)? d) Changes in the amount of surface water in any water body? p p p ~ e) Changes in currents, or the course or direction of water p p p ~ movements? f) Change in the quantity of groundwater, either through p p p ~ direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? p p ~ ~ h) Impacts to groundwater quality? p p ~ ~ i) Substantial reduction in the amount of groundwater p p p ~ otherwise available for public water supplies? Sources: City of Saratoga General Plan -Conservation Element, Correspondence from Santa Clara Valley Water District V. AIR;QUALITY.'Would he proposal: ' . ~ - a) Violate any air quality standard or contribute to an existing p p ~ ~ or projected air quality violation? City of Saratoga TRAFALGAR, INC 000012 • ENVIRONMENTAL ISSUES Potentially ..,tentially Less Than No (See attachments for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated or projected air quality violation? b) Expose sensitive receptors to pollutants? ^ ^ ^ ~ c) Alter air movement, moisture or temperature, or cause any ^ ^ ^ ~ change in climate? d) Create objectionable odors? ^ ^ ^ ~ Sources: City of Saratoga General Plan -Air Quality Element °VI: TRANSPORTATION/CIItCUL'A~TI®N. Would he proposal result in: a) Increased vehicle trips or traffic congestion? ^ ^ ~ ^ The proposed project will result in a less than significant increase in vehicle trips on Saratoga-Sunnyvale Road and Saratoga Avenue, as well as, on Big Basin Way and St. Charles Street. The addition of six new dwelling units and the approximately 1,000 square feet of proposed commercial space will not have a noticeable effect on traffic congestion. b) Hazards to safety from design features (e.g., sharp curves ^ ^ ^ ~ or dangerous intersections) or incompatible uses (e.g., farm equipment)? The buildings have been designed to provide for the minimum turning radius required for the safe turning of automobiles into and out of the garages and open parking areas. c) Inadequate emergency access or access to nearby uses? ^ ^ ^ ~ d) Insufficient parking capacity on-site or off-site? ^ ^ ^ ~ e) Hazards or barriers for pedestrians or bicyclists? ^ ^ ^ ~ f) Conflicts with adopted policies supporting alternative ^ ^ ^ ~ transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterborne, or air traffic impacts? ^ ^ ^ ~ Sources: City of Saratoga General Plan -Circulation Element, Ciry's Traffic Engineer VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats ^ ^ ^ ~ (including, but not limited to, plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees)? ^ ^ ^ ~ c) Locally designated natural communities (e.g., oak forest, ^ ^ ^ ~ coastal habitat, etc.)? City of Saratoga TRAFALGAR, INC. 000013 ENVIIZONMENTAL ISSUES Potentially ..,tentially Less Than No (See attachments for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated d) Wetland habitat (e.g., marsh, riparian and vernal pool)? ^ ^ ^ ^ e)~Wildlife dispersal or migration corridors? ^ ^ ^ ^ Sources: Saratoga General Plan -Conservation Element, report from City Arborist 'VIII.ENERGY•AND MINERAL RESOiTRCES. Would theproposal: ; _ ' a) Conflict with adopted energy conservation plans? ^ ^ ^ ^ b) Use non-renewable resources in a wasteful and inefficient ^ ^ ^ ^ manner? c) Result in the loss of availability of a known mineral ^ ^ ^ ^ resource that would be of future value to the region and state residents? Sources: Saratoga General Plan -Conservation Element `IX. HAZARDS. Would the;proposal involve; ." ' a) A risk of accidental explosion or release of hazardous ^ ^ ^ ^ substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response plan or ^ O O ^ emergency evacuation plan? c) The creation of any health hazard or potential health ^ ^ ^ ^ hazard? d) Exposure of people to existing sources of potential health ^ ^ ^ ^ hazards? e) Increased fire hazard in areas with flammable brush, grass, ^ ^ ^ ^ or trees? Sources: Saratoga General Plan -Safety Element X.NOISE. Would-the .proposal result:in: a) Increases in existing noise levels? ^ ^ ^ ^ Existing noise levels will increase temporarily during construction of the proposed project. Construction hours will be limited to 7:30 a.m. to 6:30 p.m., Monday through Friday. Noise levels are not expected to exceed 75dBA at the property line, which is the maximum permitted for a single event for a construction project. City of Saratoga TRAFALGAR, INC. 000014 • • ENVIItONMENTAL ISSUES Potentially ..,tentially Less Than No (See anaclunents for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Exposure of people to severe noise levels? p ~ ~ ~ ~:rXI:PUBLIC:-SE'RVICES.`Would~theproposal have,an effect upon, or result in a.need'for new or altered government . . °' '' services; in any~of the>follo«~ng~areas: a) Fire Protection? ~ ~ ~ ~ ti) Police Protection? ~ ~ ~ ~ ~ c) Schools? ~ ~ ~ ~ d) Maintenance of public facilities, including roads? p ~ 0 ~ e) Other governmental services? p ~ ~ ~ Sources: Correspondence from Saratoga Fire District ~XII. -UTILITIES AND~SERVICE SYSTEMS. =Wouldahe proposal result in a-need for new systems or supplies, or ,: substantial alterations°to~the -follow~n~ utilities:: a) Power or natural gas? ~ ~ ~ ~ b) Communications systems? ~ O ~ ~ c) Local or regional water treatment or distribution facilities? p p ~ ~ d) Sewer, septic systems, or wastewater treatment and p ~ ~ ~ disposal facilities? e) Storm water drainage? ~ ~ ~ ~ f) Solid waste materials recovery or disposal? p ~ ~ ~ g) Local or regional water supplies? ~ ~ ~ ~ Sources: Correspondence from; PG&E, Saratoga Fire District, Santa Clara Valley Water District, Santa Clara County Deparhnent of Environmental Health ~'XIII. AESTHETICS. Woild`the.proposal: a) Affect a scenic vista or scenic highway? ~ ~ ~ ~ b) Have a demonstrable negative aesthetic effect? p ~ ~ ~ c) Create adverse light or glare effects? p ~ ~ ~ Sources: City of Saratoga General Plan -Land Use Element XIV :'.CULTURAI:iRESOURCES. ~l'ould the proposal: ~: ;:,; , a) Disturb paleontological resources? ~ ~ ~ ~ Ci of Sarato a tY 8 TRAFALGAR, INC. 000015 ENVIltONMENTAL ISSUES Potentially . ,,lentially Less Than No (See attachments for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Disturb archaeological resources? p ~ ~ ~ c) Affect historical resources? p p ~ ~ On October 10, 2000 the City's Heritage Preservation Commission reviewed and approved the application, thus determining that the existing structures on the property have no significant historic value. d) Have the potential to cause a physical change, which p p p ~ would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the p p p ~ potential impact area? Sources: City of Saratoga General Plan -Conservation Element, City's Heritage Preservation Commission XV. RECREATION. Would the;proposal: a) Increase the demand for neighborhood or regional parks or p p ~ ~ other recreational facilities? A less than significant increase in the demand for parks and recreational facilities is expected. b) Affect existing recreational opportunities? p p p ~ Sources: City of Saratoga General Plan -Open Space and Recreation Element XVL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ City of Saratoga TRAFALGAR, INC. 000016 ENVIRONMENTAL ISSUES Potentially ..,.entially Less Than No (See attachments for information sources) Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated d) Does the project have environmental effects, which will p ~ ~ ~ cause substantial adverse effects on human beings, either directly or indirectly? Sources: City of Saratoga General Plan, Saratoga City Code -Zoning Ordinance X+UII.: DETERMINA~TI ON On the basis of this initial evaluation: / I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IlVIPACT REPORT is required. 1~.~ ~q ,oo DATE • ~,, ~~~ SIGNATURE For: JAMES C. WALGREN, AICP COMMUNITY DEVELOPMENT DIRECTOR Ci of Sarato a tY g TRAFALGAR, INC. 00001'7 NEGATIVE DECLARATION Declaration That Environmental Impact Report Not Required For Vesting Tentative Subdivision Map Approval (SD-00-001), Design Review Approval (DR-00-011) and Building Site Exemption (BSE-00-012) TRAFALGAR, INC. The undersigned, Director of Community Development and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined and does hereby determine pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Project Description: Request for Vesting Tentative Subdivision Map approval for the subdivision of a 22,582 net square foot parcel into six condominium lots ranging in size from 1,756 square feet to 2,489 square feet and additional common areas. The proposal calls for demolishing four existing homes with garages totaling 4,595 square feet and 1,000 square feet of retail space that includes a second story flat. Five new 2,686 to 3,030 square foot townhouses, including garages and basements would be constructed. Additionally, 1,300 square feet of retail space with a second story townhouse would face Big Basin Way. The front portion of the project would have access from Big Basin Way and the rea~ townhouses from St. Charles Street. The site is zoned a combination of CH-2 and R-M-3,000. Project Location: 14612 Big Basin Way and 20717 St. Charles Street Name and Address of Proponent: TRAFALGAR, INC. 247 North Third Street San Jose, California 95112 Reason for Negative Declaration The proposed townhouses and 1,000 square feet of commercial area are not anticipated to cause any substantial adverse impacts on the environment. Although the proposed project will modify the existing use of the site, it is a minor modification, and the anticipated City imposed conditions, assuming the project is approved, will insure that the project will not cause significant environmental impacts pursuant to the terms of the Environmental Quality Act. Executed at Saratoga, California this ~ ~1 ~ day of ~~_e..~,~,u-, 2000. JAMES C. WALGREN, AICP COMMUNITY DEVELOPMENT DIRECTOR City of Saratoga TRAFALGAR, INC. 000018 • ATTACHMENT B City Arborist Report Ciry of Sarato a S TRAFALGAR, INC. 000019 • T~IIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • 000020 BARRIE D. COATS AND ASSOCIATES Horticultural Consultants (408) 353-1052 23535 Summit Road Los Gatos, CA 95033 RECEIVED JUL 1 3 2000 PLANNING DEPT. A REVIEW OF DESIGN FEATURES AT THE TRAFALGAR PROPERTY AT 14612 BIG BASIN WAY SARATOGA Prepared at the Request of: Erik Pearson Community Planning Dept. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 • Site Visit by: Michael L. Bench Consulting Arborist May 17, 2000 June 6, 2000 Job # 03-00-061 A • 000021 A Review Of Drsign Feadrns At TIIre Ti~afalgor Phvperty At 1~61Z Big Basin way Saratoga Assignment At the request of Erik Pearson, City of Saratoga, this report documents a meeting on Wednesday, May 17, 2000, between Mr. Stan C~ambel, Developer; Trafalgar, Inc., Erik Pearson, and myself to review the design features that pose risks to selected trees at the Trafalgar project site located at 14612 Big Basin Way, Saratoga. Observations The stability of tree #1 is in question because of a fungus infection on the north side of the trunk and on at least one buttress root. Due to the fact that the root collar is covered with decorative bark and soil, a thorough inspection cannot be made. It is agreed that a root collar inspection must be done after the root collar is excavated. Mr. Gambel agreed that the drain system would be redesigned as suggested to preserve the root system of tree #3, the neighboring mature valley oak (Quercus lobata), in the report prepared by this office dated March 27, 2000. There is a question about whether or not it would be feasible to construct a basement inside a portion of the root zone of tree #3. This would depend primarily on whether a significant quantity of roots would be lost by the excavation adjacent to construction. Considering the locations of existing buildings and of the existing paved areas on this property near tree #3, it is not possible to determine with any degree of accuracy where sigtificant roots exist. This would require a series of test excavations after demolition of the existing buildings and paving. It was agreed that a series of excavations would be done at the appropriate time in the firture. Mr. Gambel indicates that the proposed building adjacent to tree #4 would be constructed using a pier and on-grade beam foundation in order to retain the tree without a major design revision. I agreed to this while at the site. However, recently Erik Pearson informs me that engineering may override my recommendation for a pier and on-grade beam foundation. This may require a meeting with the engineers to address this issue. Mr. Gambel indicates that it may not be feasible to construct the building nearest St. Charles Street and to retain tree #8 as well. If tree #8 cannot be retained, I believe that this tree is significant enough that trees of equal value should replace it. Recominenda~ions 1. I suggest that an inspection of the root collar of tree # 1 be conducted by the city arborist after the decorative bark and soil is removed for a minunum distance of 2 feet completely around the root collar. 2. I suggest that a series of test holes be dug after demolition of the existing buildings and paving to determine the presence of roots of tree #3 in relation to the proposed basement. 3. I suggest that a meeting be arranged between planning staff, engineering, and this office to address the feasibility of the pier and on-grade beam design. 4. If tree #8 will not be retained, I suggest that it be replaced with trees of equal value. Pheporal by: Mua~ratl L Bexck, Coasalting A~osist May 17, awd lave 6, 2006 DDDOisr~ A Review Of Design Featw~cs At The Tiafalger Pr+ope~ry At 14612 Big Basin Way Saratoga Sabsegaeet Observation of Jane 6, 2000 Subsequent to this meeting, I conducted an inspection of the root collar and the trunk of tree # 1 on June 6, 2000. At approximately 6-inches above grade, four inspection holes were drilled into the depmessions in the trunk. At all of these locations, the bark and perhaps the outside layers of phloem tissue were somewhat atypically soft for a depth of approximately 2-inches, but the interior wood inside of 2-inches is dense and appears to be healthy. Additional holes were drilled imo the top of the buttress roots on the north and east sides. No decay was found. Conclus~onr The imernal wood at all location appears to be sufficiently durable and strong. As a result, it appears that the present internal wood can support the existing structure. Respectfully sub , Michael L. Bench, Associate ~~'~~ Berri .Coate, Principal MLB/si • by' ~~~ L ~'~ Ong May 17, and lane 6, 2000 2 000023 Barrie D:.,oate R E C F ` ~.~ aad Associates E D Horticultural Coasultaats APR 1 (408) 353-1052 8 2000 23535 Summit Road PLAN~~~~vG DENT. Los Gatos, CA 95033 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE TRAFALGAR, INC., 14612 BIG BASIN WAY AND 20717 ST. CHARLES STREET SARATOGA Prepared at the Request of Judi Crowley City of Saratoga Planning Dept. 13777 Fruitvale Ave. Saratoga, CA 95070 Site Visit by: Michael L. Bench Consulting Arborist March 27, 2000 Job # 03-00-061 Plan Received: March 8, 2000 Due: April 10, 2000 • 000024 Tree Survey Arid Preservation Recommendations At The Tra, falgar, Inc., 14612 Big Basin Way and 20717 St. Charles Street Saratoga Assignment At the request of Judi Crowley, Planning Department, City of Saratoga this report reviews the proposal to demolish the existing buildings and to construct three new buildings on this long narrow property between Big Basin Way and Saint Chazles Place in the context of potential damage to or the removal of existing. trees. This report further provides information about the health and structure of the trees on site, and makes recommendations by which damage to them can be restricted within acceptable horticultural practices to prevent significant decline. The plans reviewed for this report are the Preliminary Subdivision Plans prepazed by Glenn Cahoon, Fremont, sheets 3-7 and 10-14, dated February 2000, and the Preliminary Grading and Drainage Plan prepazed by Guiliani and Kull, Inc., sheets 1 and 2. Summary This proposal exposes fourteen trees to some level of risk by construction. Significant design revisions aze suggested in order to preserve Exceptional specimens #3, #4, and #8. Some mitigation procedures aze suggested, but further analysis is needed for trees #l and #8. A preliminary bond is suggested in accordance with the levels of the expected risks. Observations There aze seven trees on this site and seven trees on the adjacent property toward the south that aze at risk of damage by proposed construction. The attached map shows the location of these trees and their approximate canopy dimensions. All trees that will be affected by proposed construction and meet the requirements of the city ordinance aze included. Typically, the root systems of trees extend outside their canopies a minimum of 50% of the total canopy diameters. If the canopy reaches into the construction area, the root system in all likelihood does as well and, therefore, has been included. The fourteen trees aze classified as follows: Tree #1 coast live oak (Quercus agrifolia) Tree #2 tree of heaven (Ailanthus altissima) Tree #3 valley oak (Quercus lobata) Tree #4 coast redwood (Sequoia sempervirens) Tree #5 Douglas fir (Pseudotsuga menziesii) Tree #6 Big leaf maple (Ater macrophyllum) Tree #7 California fan palm (Washingtonia filrfera) Tree #8 Cork oak (Quercus suber) Tree #9 American persimmon (Diospyros virginiana) Trees #l0~Italian cypress (Cupressus sempervirens) (5 trees) Prepared by: Michael L. Bench, ConsultingArborist March 27, 2000 00025 Tree Survey And Preservation Recommendations At The Trafalgar, Inc., 14612 Big Basin Wm~ 2 and 20717 St. Charles Street Saratoga The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent -Poor) on data sheets that follow this text. Because the combinations of these ratings maybe difficult to interpret, the overall condition of each of these specimens is rated as follows to aid with planning. Exceptional S ecimens Fine S ecimens Fair S ecimens 3,4,8 5,6,7,10 1,2,9 Exceptional specimens must be retained at any cost and whatever procedures are needed to retain them in their current condition must be used. Trees located on the adjacent property must be treated as Exceptional regardless of condition. Fine specimens must be retained if possible but without major design revisions. Mitigation procedures recommended here are intended to limit damage within accepted horticultural standards in order to prevent decline. Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. However, in the case of tree #3 (the neighboring valley oak) the single descriptive term "Exceptional" does not do this tree justice in the sense that we also use this term to describe small diameter specimens. Tree # 3 is one of the best valley oak specimens that I have seen in this area. I consider it to be exceptional of the exceptional, and in my opinion, it should be treated with all possible care and caution. Tree # 10 represents five Italian cypress trees. The diameters of these do not meet the size requirements of the city ordinance for protection. However, this is one of the few species that rarely grow diameter stems large enough to meet the size requirement, despite their age. These five trees are living in a severely restricted space, which has resulted in significantly limiting their growth. Mr. Hernandez, who was present at the time of my site visit, informed me that these trees are about 18 years old. The specimens are quite small for their age. In my opinion, these should be included for protection. Extent of Root Systems The canopy spread of each tree is noted on the tree data sheets, which follow this text. The size of the canopy is one method of estimating the size of the root system A conservative estimate is that the root system of most species extends outside the canopy by a minimum of 50% greater than its total canopy diameter. Some experts estimate that the diameter of spread of some species, such as oak trees may reach two to three times the existing canopy diameters, depending on the soil type and site conditions. The root systems of the larger specimens are estimated as follows: Prepared by: Michael L. Bench, ConsultingArborist March 27, 2000 000026 Tree Survey And Preservation Recommendations At The Trafalgar, Inc., 14612 Big Basin Wm~ and 20717 St. Charles Street Saratoga Tree #1 (coast live oak) has a canopy spread of approximately 80 feet north to south and ~. 60 feet east to west. I estimate that the root system of this specimen has a minimum diameter of 120 feet, although fewer roots are expected to be found in the compacted soil of Big Basin Way. This specimen has turkey tail fungus (Trametes versicolor) on the north side of the trunk. This fungus generally attacks only dead wood and is commonly an opportunist that takes advantage ofpre-existing conditions; usually dead wood resuhing from an injury or vascular dysfunction. There is a 15-inch diameter buttress root on the north side that has had the majority of its bazk removed. This buttress root also has turkey tail fungus, which may indicate that this buttress root no longer provides stability. At the very least, its strength is reduced. By tapping the root collar with a hammer, it appears that these sections of the root collar are hollow. Tree #3 a valley oak has a canopy spread of approximately 80 feet north to south and 90 feet east to west. Its root system is expected to have a minimum diameter of approximately 140 feet. Tree #4 a coast redwood has a canopy spread of approximately 20 feet. Because of its typical narrow habit, this species is often an exception to the idea that the root system may be only 50 percent greater than its total canopy diameter. When this species receives adequate moisture it has a vigorous and extensive root system Tree #4, has an exceptionally narrow canopy. With the trunk diameter of almost 4 feet DBH, I estimate that the root system extends a minimum of three times the canopy diameter. Also, this species has a bulb (called a lignotuber) just below grade that is probably two times the size of the trunk diameter (i.e., 7-8 feet in diameter). This is an adaptation for recovery after fire. It will continue to grow at the rate of the trunk growth. It has the capacity to damage the foundation of a two-story building of a typical foundation design. The building is proposed approximately 6 feet east from the trunk, 13 feet on the south side, and about 8 feet on the west side. By this design, the building foundation is at risk of being moved by the tree in the distant future. The rate of growth of the trunk and the lignotuber depends on the proposed design, the extent of the root damage, and follow-up care, which cannot be determined at this time. Tree #8 a cork oak has a canopy spread of approximately 40 feet north to south and 50 feet east to west. I estimate that the root system extends for a minimum diameter of 75 feet. The cork oak species (Quercus suber) is not very common in this area but is nevertheless well suited for most places in this azea provided the drainage is adequate. Drainage does not appear to be a problem of this location for this specimen. The root collar of tree #8 is covered by periwinkle (Vinca minor), and it appeazs that the root collar may well be covered by fill soil. This is difficult to determine without the removal of the periwinkle azound the base of this tree. If sufficient fill soil exists, the root collar would be highly susceptible to fungus infections, one of which is oak root fungus (Armillaria mellea). It must be stated that roots grow where there is least resistance to their travel. It is not i possible to reasonably determine the extent of root systems or where concentrations of Prepared by: Michael L. Bench, Consulting Arborist March 27, 2000 00002'7 Tree Survey And Preservation Recommendations At The Trafalgar, Inc., 14612 Big Basin Way 4 and 20717 St. Charles Street Saratoga roots exist without exploratory excavations. Thus, the location of significant root systems as noted here are only estimates. If more accurate estimates aze needed for an individual specunen, a serves of test excavations would be requued. Effects of Construction Tree #5 is in direct conflict with the proposed storm drainage system and in conflict with the proposed new sewer line. Tree #5 would lose approximately 50% of its root system as a result of trenching for the drain system Trees #7, #8, and #9 aze indirect conflict with the proposed building on the east side of this property, and would be removed subsequent to the approval of this design. Tree #4 would suffer severe root damage by trenching for the drain system and by construction on the other three sides. Tree #1 would lose approximately 30-40% of its root system from trenching for the new sewer. These three trees would be so severely damaged that they would not be expected to survive. Tree #3, the large and very Exceptional valley oak, would also suffer severe root damage by trenching for the proposed drain system Tree #3 may be able to survive but it would certainly decline. In all likelihood, the decline would be significant if not severe. i Tree #10 the five Italian cypress trees would suffer severe root damage by construction of the adjacent driveway. It appeazs that the majority of the roots are likely in the location of the proposed driveway. The only tree that would not be significantly damaged by this proposed design is tree # 2, the tree of heaven, which has very little value. In addition to the specific risks, all of the trees are at risk of damage by one or more of the following: 1. The stockpiling of materials or the storage of equipment under the canopies. 2. The dumping of construction materials, especially waste materials, such as painting products, mortar, concrete, etc.) under the canopies. 3. The construction traffic, including foot traffic under the canopies. 4. Demolition of the existing buildings, driveway, and pathways. 5. The excavations for foundation or for other construction. 6. The trenching for new utilities or for landscape irrigation. 7. The grading of the surface soil resulting in the removal of quantities of absorbing root tips. 8. The driving or pazking of vehicles or construction equipment under the canopies. Prepared by: Michael L. Bench, Consulting Arborist March 27, 2000 000028 Tree Survey And Preservation Recommendations At The Trafalgar, Inc., 14612 Big Basin Way j cind 20717 St Charles Street Saratoga 9. Broken branches or bazk injuries a result of construction equipment passing too close. Recommendations The following mitigation suggestions are intended to reduce the extent of construction damage to acceptable levels, so that retained trees can reasonably be assured of survival without decline. These suggestions aze based on the construction plans provided. If any changes to these plans occur during construction, the following may require alteration. 1. I suggest that the building on the east side of this property be redesigned in order to retain tree #8. In this event, tree #8 would require a minimum undisturbed root zone of 18 feet from the trunk if two sides of the trees root zone were to be affected. If three sides were to be affected, the minimum cleazance must be 221ineaz feet. Additional mitigation, such as supplemental irrigation, mulch, platform buffers, discontinuous foundation design (pier and on-grade beam), may also be essential depending upon the proposed design. 2. I suggest that a full inspection of the root collaz be done by myself or by Barrie Coate. This involves exploratory drilling with a 1/8 inch diameter drill bit in order to provide evidence of the structural stability. This requires a sepazate report. In the event, that it appeazs that tree #1 is presently sufficiently stable, it will be essential to relocate the proposed sewer line and possibly to install a portion of the sewer line by tunneling or using jack and bore equipment. 3. I suggest that units 2 and 3 be redesigned to provide for a minimum clearance of 15 feet between the building foundation and the trunk of tree #4 on all sides. 4. I suggest that any portion of the foundation within 25 feet of the trunk of tree #4 be constructed by a discontinuous footing (pier and on-grade beam design). 5. I suggest that the portion of the storm drain neazest tree #3 be redesigned to be located between units #3 and #4. There must be no trenching or excavation closer than 35 feet from the trunk of tree #3. 6. I suggest that the root collar of tree #8 be cleazed of periwinkle and if necessary be excavated with an air spade or a water jet spade in order to determine the health of the root collaz and to reduce the risk of fungus infection. 7. I suggest that any further recommendations, which may be essential to preserve existing trees, await the feasibility outcome of recommendations #1-6. Value Assessment The values of the trees are addressed according to ISA Standards, Seventh Edition. The value of each of the Exceptional specimens is as follows. Prepared by: Michael L. Bench, ConsultingArborist March l7, 2000 000029 Tree Survey And Preservation Recommendations At The Trafalgar, Inc., 14612 Big Basin Wm~ 6 and 20717 St. Charles Street Saratoga Tree #3 - $45,806 Tree #4 - $33,767 Tree #8 - $ 8,208 The value of tree #1 is presently appraised to be $23,393. However, this may be reduced subsequent to the analysis of the root collar condition. 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E .' J C ~ J. = i s _ _ _ _ _ ` ~ _ : I .` ' I `c, I - - i ^ ~ _ =i ~~ < <~_ oe OC L i~ C CL '~ - =I _ _ ~~E~ -v I Z • '.3 • qo, ` ~~ o ' i mLO pl I 1 "- I C I u R I ~ G ~F 1 $ O I y/IS I I ~ I ~I I ~ ~ ~ ~ _ I ~ ~.. it 'i I I ~ ~ ,nI ~., , I e .I ~ ~ . i Y ~ / _ I I I I I I I i ~ ~ ~ ~ i _r t i !I I O I __ `il I I I .~~Z ~~~~~~~ = n ~~~' I I I \ \ _ ~ ~ ~~ ~ I 1;1 ~ I ~~ ~.~~ \ I .,r 1 N ' fir. ~.. .-,Y _ ` ° ir1 _ •m ~. .7 t. ~ ~ ~ ~~ .. __ .-_.__. _~_ ___._ _ o, c, _ ___ _ _ N~ _ „~ h~ 00033 =`~ .. -_-.. - s °-:~ BIG SIN WAY • TrIIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • 000034 • ATTACHMENT C Heritage Preservation Commission October 10, 2000 • • City of Saratoga TRAFALGAR, INC. 000035 City of Saratoga HERITAGE PRESERVATION CO1~~iMISSION MINUTES Date: Tuesday, October 10, 2000, 2000, 9:00 a.m. Place: Planning Conference Room, 13777 Fruitvale Avenue Type: Regular Meeting I. Foutine Organization A. Roll Call Present: Peck, Wyman, Hunter, King Absent: Anderson, Koepernik, Peepari Staff: Erik Pearson, Associate Planner Guests: Council member Waltonsmith, Stan Gamble, Phylis Ballingall, Arvin Inglesoli B. Approval of minutes from 9/ 12/00 Commissioner Wyman moved that the Commission approve the minutes and Commissioner H~intei• seconded the motion. The minutes were approved 4-0 C. Posting of the Agenda Pursuant to Government Code Section 94954.2, the agenda was posted on Thursday October 5, 2000. D. Oral Communications Commissioner Hunter expressed her interest in the Commission having a mission statement. She will draft one and bring it to the next meeting for discussion. E. Written Communications None. III. A. Trafalgar; 14612 Big Basin Way - SD-00-001 & DR-00-011 Stan Gamble presented his project and explained the site plan and proposed architecture. Commissioner King asked if there would be one or two retail units. Mr. Gamble responded that there could be either one or two. Commissioner Peck asked about the age of the existing structures on the site. He thought they might have been built in the 1920s. Mr. Gamble was not sure, but thought they were built in the 1940s. Commissioner Hunter asked about the roofing material. Mr. Gamble explained all the proposed colors and materials. Commissioner Wyman moved that the Commission approve the application. - Commissioner King seconded the motion. 000036 Motion passed 4-0. ~II. A. Schuck subdivision (SD-00-003) Planner Pearson presented the letter from Mr. Schuck's Civil Engineer dated October 3, ?000. Lars}~ Schuck presented his memo dated October 7, 2000 and explained that. he would notin• the HFC after the framing is exposed. - " Commissioner Wvman expressed that she was in favor of the proposal. Planner Pearson noted the conditions of approval that had been drafted, which include a requirement for a schedule of inspections to be prepared. Mr. Schuck told the Commisiion that he was nervous about being restricted by the Secretai~~ of the Interior's Standards. " Commissioner Wyman assured Mr. Schuck that the standards are based on common sense and that he should be able to complete his project in a reasonable manner and still comply with the standards. I. D. Saratoga Federated Church Arvin Ingleson presented the construction project that is currently underway. There are four buildings on the site and the first one was built by Julia Morgan. The Julia Morgan sh•ucttire was in the best shape. Mr. Ingleson explained that a section of roof needed replacing and that most of the existing roofing is clay tile. Concrete tle is only one third of the weight of clay tile. Mr. Ingleson presented a metal roofing that looks similar to clay tle and that the area in need of the new roof is on the back side of one of the buildings. He noted that he likes the look of concrete better and that it would require only a little extra engineering. Commissioner Peck stated that he was fine with the metal roofing and noted that the building was built in the 1960s. Commissioner Wyman noted that she thought she had seen more alternative roofing materials itl the past. Commissioners Hunter, Wyman and King noted that they do not like the metal. Mr. Ingleson said that he would find the closest match possible in color and shape to the chapel and will use the concrete tle. III. B. Hunter; 14700 St. Charles Street - DF-00-049 (St. John's Episcopal Church) Planner Pearson presented the plans for the proposed residence and noted that the Commission had approved the demoliton of the church building in April of this year. Commissioner Wyman asked in the front of the proposed residence faces Sixth Street. Planner Pearson responded yes. Commissioner Wyman moved to approve the project. Commissioner Peck seconded the moton. Moton passed 4-0. ~. A. Library Expansion Phylis Ballingall told the Commission that she was happy that the Point of Interest applicaton had been sent to the state, that she voted in favor of the library expansion and that she was concerned about the 00003'7 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • 0~~0~8 • S. Srinivasan January 18, 2001 City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Sir or Madam: JAN 1$ 2001 CITY OF SARATOGA COMMUI~IITY ENVIRONMENT My wife and I are the owners of the townhouse complex just next door to 14612 Big Basin Way. There are 3 townhouses in the back row that we rent out to families all with children. There is one townhouse in the front row that we reside in with our children; underneath that there are two small retail units that my wife uses for her "Dancing Yogi" studio/gallery. I wish to make some objections with respect to the proposed building of 6 condominiums on the lot next door, i.e. 14612 Big Basin Way/20717 St. Charles Street. Some of the objections are general in nature to the character of the town, and some of the objections are personal in that they affect the quality of my family (and my tenants) living next door: General Objections To destroy what was once commercial property and convert it into residential property changes the character of the place, and in particular the historic district needs to preserve its heritage. Albeit the existing structures are in quite shoddy condition, a remodeling should be sufficient to restore them to acceptable standards and use the area for its original purpose, i.e. retail/commercial, attracting visitors to downtown and showcasing the spirit of Saratoga. The current proposal furthers Saratoga's continual slip into becoming a boring bedroom community and does not add in any way to the development of the vibrant Historic downtown area. 2. There is already a severe strain in providing Internet & phone connections in my neighborhood, as DSL does not penetrate into our region and PacBell cannot supply sufficient phone connections without inadvertently disconnecting the neighbors'. When considering utilities load of a proposed construction, it is not just gas/electricity/water/sewage, but also modem utilities need to be considered. 3. It seems that the builder is trying to "stuff' as much construction as possible into the available space and although it might make sense mathematically, there is a certain sense of aesthetics that one must consider too when building in the Historic District in particular. Reducing the number of condos would a good step in the right direction as it would preserve the character of the area and not make it appear congested. After all, this is on the main road of town and appearances Personal Objections 4. There is already unwanted car traffic from passersby on Big Basin Way that make U-turns into our driveway and we are always concerned about our kids' safety as the cars zip through and . around our property. By city :ode we a:e not allowed to put any fences to p:e:ent this, and we do comply. However, with the addition of the new parking structures next door there will be an 0000'?9 January 18, 2001 ' Page 2 increase in traffic caused by the new residents. We are extremely concerned about the safety to our kids. Like I said earlier, there are about 6-8 kids in the complex at any one time and they play in the driveway, along with their friends who visit. Any proposal to build next door must consider this point and seek to ameliorate our concerns of safety, e.g. the exit/entry of the cars from their garages onto the street must stay as clear as possible of our land. The easement rights of Trafalgar on to our property is not clear from the title records and we want to ensure that the builder does indeed have ownership of the rights to use our land in such fashion. Any proposal to build must clearly research and document the rights of usage with respect to the various owners. For example, in my title documents it states that in addition to us, the easement rights also belong to John & Marylou Irwin, and William & Shelly Ward. Who are these people and have their consents been obtained? 6. As an extension of the previous two points, the merging of the Charles/Big Basin properties into a single property would increase the usage of the easement area beyond what was originally intended. Instead of just the current 3 retail/commercial properties using our easement area, there will now be 6 properties using the easement area! It is not fair to continually increase the use of the easement from its original intent. We have gotten used to the beautiful views of the Saratoga Foothills from our complex, and the new 2-story construction next door will destroy our views completely. Please keep in mind that the grading of the land is such that our complex is already low lying relative to the land on 14612 Big Basin Way, and a 2-story construction would be relatively higher than our buildings. We would want the builder to demonstrate using whatever techniques available, e.g. story poles, how the landscape/view would be affected, and also to consider reducing the 2-story down to a single story construction, and also reducing the number of condos. 8. There is an underwater stream that flows under our property that we pump out for pure mountain water and any construction next door must ensure that the stream quality and flow is not affected. 9. When, and if, construction actually happens, we would definitely want the builder to not be sloppy in moving equipment, parts and people around the property. A strong fence must be provided between the construction area and our townhouse complex for safety purposes, as we are very concerned about our kids playing in that area and trucks/earth-moving equipment being deployed in close proximity. Thank you for listening to our concerns. We are long time residents of Saratoga and will probably live here for the rest of our lives; as such our concerns are deep rooted regarding the welfare of our families as well as that of the surrounding neighborhood. Sincerely, /yam SS~,~, ,~ ~- ~ a. S. 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S ; ~~ .I b ~ i ~ t ~~ ZZI ~~ ~-~+a ~ ~ c~ City Council Minutes December 12, 2000 • MINUTES SARATOGA CITY COUNCIL DECEMBER 12, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. Public Employee Performance Evaluation (Gov't Code 54975) Title: City Manager. Conference with Legal Counsel re: Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (1 potential case). ADJOURNED TO THEATER LOBBY FOR RECEPTION- 6:30 a.m. MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the Adjourned City Council meeting to order at 7:06 p.m. and requested Councilmember Mehaffey to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Mayor Stan Bogosian. ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 1 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 12, 2000 was properly posted on December 8, 2000. • City Council Minutes COUNCIL REORGANIZATION 2 3 December 12, 2000 APPROVE RESOLUTION DECLARING OFFICIAL CANVASS OF BALLOTS FROM REGISTRAR OF VOTERS IN REGARDS TO NEWLY ELECTED CITY COUNCILMEMBERS. STAFF RECOMMENDATION: Adopt resolution declaring official canvass of ballots. TITLE OF RESOLUTION: 00-061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF MEMBERS TO THE CITY COUNCIL OF NOVEMBER 7, 2000. BAKER/ MEHAFFEY MOVED TO ADOPT RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 7, 2000 IN REGARDS TO NEWLY ELECTED CITY COUNCILMEMBERS. MOTION PASSED 5-0. • APPROVE RESOLUTION DECLARING OFFICIAL CANVASS OF BALLOTS FROM REGISTRAR OF VOTERS IN REGARD TO MEASURE G. STAFF RECOMMENDATION: Adopt resolution declaring official canvass of ballots. TITLE OF RESOLUTION: 00-062 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE ELECTION CONCERNING MEASURE G AT THE ELECTION OF NOVEMBER 7, 2000. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 7, 2000 ONCERNING MEASURE G. MOTION PASSED 5-0. REMARKS FROM OUTGOING MAYOR -STAN BOGOSIAN. Mayor Bogosian reflected on his term as Mayor of the City of Saratoga. Mayor Bogosian mentioned two of the Council's major accomplishments: 1996-Measure G and 2000-Measure G. He also thanked the staff for their 2 City Council Minutes December 12, 2000 support during the difficult periods of transition that accrued this past year. Mayor Bogosian thanked Bill Norton, former Interim City Manager, for his efforts m the negotiations with the Mountain Winery and a resolution regarding the Heritage Orchard. Mayor Bogosian reflected back on his friend and colleague Jim Shaw. Mayor Bogosian thanked the voters of Saratoga for electing him to a second term. 4. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED CITY COUNCILMEMBERS. STAFF RECOMMENDATION: City Clerk to Administer Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to the following newly elected Councilmembers, Stan Bogosian and Ann Waltonsmith. 5. REORGANIZATION OF CITY COUNCIL. STAFF RECOMMENDATION: Elect Mayor and Vice Mayor. Dave Anderson, City Manager, declared the office of Mayor vacant and asked for nominations. Councilmember Waltonsmith moved to nominate John Mehaffey as Mayor. WALTONSMITH/STREIT MOVED TO APPOINT JOHN MEHAFFEY AS MAYOR. MOTION PASSED 5-0. Mayor Mehaffey declared the office of Vice Mayor vacant and asked for nominations. Councilmember Baker moved to nominate Nick Streit as Vice Mayor. BAKER/WALTONSMITH MOVED TO APPOINT NICK STREIT AS VICE MAYOR. MOTION PASSED 5-0. 6. REMARKS FROM NEW MAYOR, VICE MAYOR, AND NEW COUNCILMEMBERS. Mayor Mehaffey commented how honored he was to serve as Mayor of Saratoga for the next year. He thanked the staff and all the volunteers who make the City of Saratoga what is today. City Council Minutes December 12, 2000 Mayor Mehaffey highlighted specific City issues and goals he hopes to focus on during his term as Mayor of Saratoga: 1. City Hall 2. Long term planning issues 3. Traffic 4. Housing 5. Civic/Senior Center Master Plan 6. Noise/Pollution 7. Library 8. Heritage Orchard 9. Gateway Redevelopment and Village Revitalization 10. Recreation/Playfields 11. Public Communications 12. Legislative issues Mayor Mehaffey concluded that he looks forward to working with the City Staff, Council, Boards & Commissions, Residents and Businesses of Saratoga to accomplish these goals. Councilmember Streit thanked his fellow Councilmembers for having the confidence in him to appoint him Vice Mayor. Councilmember Streit noted that he would fully support Mayor Mehaffey. Councilmember Waltonsmith noted she fully supports Mayor Mehaffey's agenda. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS The following people spoke at tonight's meeting: Cheriel Jensen, 13737 Quito Road, suggested to Mayor Mehaffey that he add to his agenda the continuation of utility under grounding. Liz Kniss, Mayor/City of Palo Alto & Santa Clara County Superior -Elect, congratulated Councilmember Bogosian and Councilmember Waltonsmith for their re-election. Ms. Kniss also congratulated Mayor Mehaffey on his appointment. • 4 City Council Minutes December 12, 2000 Elliot Onn, 13770 Beaumont Avenue, expressed concern for the lack of low income housing in Saratoga. He noted he is a student at Redwood Middle School and has seen an increased number of teachers resigning due to the lack of affordable housing in the area. Mr. Onn asked the Council to discuss this .problem at a future meeting. COUNCIL DIRECTION TO STAFF None Mayor Mehaffey indicated the VTA has requested the opportunity to be heard before the Consent Calendar items. Consensus of the City Council to move Item #l0A before the Consent Calendar. This would allow the VTA to present the status on the Highway 85-Noise Mitigation Study. OLD BUSINESS 10A. PRESENTATION -HIGHWAY 85 NOISE MITIGATION PROJECT UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Mike Evanhoe, Santa Clara Valley Transportation Authority, noted that tonight he and his colleague, Jeff Funk, would be giving the Council an overview status report on the Highway 85 Noise Mitigation Study. Jeff Funk, Deputy Engineer/SCVTA, noted last summer they were before the Council awaiting the outcome of the CALTRANS study on noise reduction on Highway 85. Unfortunately, the grinding project that CALTRANSs was supposed to do has been delayed until March. Mr. Evanhoe noted the delay is caused by the fact that CALTRANS has to replace concrete slabs in the section where the grinding project will take place. Mr. Evanhoe hopes to have the draft report back to Council in Apri12001, in time to go to the joint session with the Board of Supervisors for funding in May 2001. Councilmember Bogosian questioned the concrete slab replacement being performed by CALTRANS and noted that the delay was unacceptable. Councilmember Waltonsmith questioned why CALTRANS cannot find another section they could grind to avoid any further delays. Councilmember Streit asked what steps will be taken if the grinding does not work. 5 City Council Minutes December 12, 2000 Mr. Evanhoe responded that if the grinding does not reduce the noise by at least three (3) decibels, they would have to look at pavement overlays. Councilmember Baker asked how much of a decibel reduction there is with an asphalt overlay. Mr. Evanhoe responded that an asphalt overlay could also have a noise reduction level of three (3) decibels. Mr. Evanhoe pointed out that with an asphalt overlay, although it reduces the decibels considerably the first time you put it down the average life of noise continuation is 5-7 years. Mr. Evanhoe noted that over time the openings in the grated asphalt fill up and wear down. After the seventh year the benefit diminishes. Unfortunately, it is recommended that every 3-4 years the overlay be replaced. Councilmember Baker asked how long of a section CALTRANS is grinding. Mr. Funk responded that CALTRANS is grinding a small section of Highway 101 in Sonoma County. CALTR.ANS had to find longitude grooves that matched Highway 85. Mayor Mehaffey asked if the grinding in the test section would be performed in March. Mr. Funk responded that he did not know for a fact that the gnndmg would begin in March. Mr. Evanhoe noted that this project in Saratoga has been the ground breaking issue around the state and a number of communities are awaiting the outcome of the CALTRANS study, so it would be to CALTRANS advantage to finish the study. Councilmember Bogosian noted when he attended the League of California Cities conference he spoke with an engineer who said the wear and tear on asphalt overlays is a myth. Councilmember Bogosian noted the engineer's comment that the asphalt overlay, if applied correctly, should not disintegrate. Mayor Mehaffey thanked Mr. Evanhoe and Mr. Funk for the presentation. Bob Karlak, 13000 Anza Drive, noted he has been working on this issue since 1984 and has a vast amount of information on this subject. He provided information from a study performed by the Oregon Department of Transportation and the University of Oregon that asphalt overlay reduces noise by 7 % decibels. • 6 City Council Minutes December 12, 2000 Ardith West, Saratoga resident, directed her question to Mr. Evanhoe. She asked if the VTA has contacted Asentec, the company who did the study on sound walls and concrete. Mr. Evanhoe responded that the VTA has not contacted Asentec because they are under contract with CALTRANS. Cheriel Jensen, 13737 Quito Road, noted she fully supports doing asphalt overlay now. PUBLIC HEARINGS 8. APPEAL OF PLANNING COMMISSION APPROVAL OF A TENTATIVE MAP FOR THE SUBDIVISION LOCATED AT 20251 SARATOGA -LOS GATOS ROAD (CONTINUED FROM 11/15/00). STAFF RECOMMENDATION: Deny the appeal and uphold the Planning Commission's decision. Dave Anderson, City Manager, presented staff report. Mr. Anderson noted that the City Council heard this appeal on November 1 S, 2000. Councilmember Baker and Councilmember Waltonsmith stated they would not be able to support the five-lot subdivision, with the proposed flag lot, necessary to create Lot 4. Upon further discussion, the Council agreed to continue the appeal hearing to allow the applicants an opportunity to present a revised Tentative Map that combined the driveway of Lot 4 with the driveway of either Lot 3 or Lot S. Mayor Mehaffey opened the public hearing at 8:00 p.m. and invited any public comments. Gregory HowelUDeveloper, 12S Glenridge Drive, Los Gatos, thanked the Council for giving them the opportunity to continue their discussion on the proposed five (S) lot subdivisions. Mr. Howell reported that they moved the driveway over 20 feet and combined the driveways of Lots 4 & S, reducing the impact on the Lee's house, which they had asked for at the last meeting. Helen Lee, 14653 Carnelian Glen Court, commented the only change in the driveway on Lot 4 is that they moved the front over 20 feet, but the driveway facing her front door is still long and flat. Mrs. Lee noted she has done some research on issues the Developers said they could not do throughout this procedure. Mrs. Lee noted her suggestion that they move the driveway along the side of the fence, but was told that too many trees would have to betaken out. Mrs. Lee noted she and her husband walked along the fence and there were no trees that would have to be removed. 7 City Council Minutes December 12, 2000 Mrs. Lee reported that she recently talked to Chief Kraule/Saratoga Fire Department, and he told her he recommended separate driveways for each house because the parcels are so large. Mrs. Lee also noted she contacted CALTRANS permit department and they told her no one applied for a permit to use the existing driveway and CALTRANS usually does not object to the continued use of an existing driveway. John Pace, on behalf of his parents Sam and Lorraine Pace, 14675 Carnelian Glen Court, noted his parents expressed the same concerns as the Lee's. Mr. Pace noted that his parents do not object to the project, but have concerns regarding the increased traffic. He noted his parents do not understand why the developers aren't using the existing driveway, especially since CALTRANS does not object. Elinor Hein, 14675 Carnelian Glen Court, expressed her concern on how drastically this development will change the area. Ms. Hein noted she was concerned with increased noise, lack of trees, and safety issues. In light of the new information, Councilmember Waltonsmith asked why the existing driveway is not being used to service all five lots. Chuck Page, Chair/Planning Commission, responded, noting that Jim Jeffries, i Traffic Engineer, opposed recommending the usage of the existing driveway. Mr. Page noted that Mr. Jeffries reported that it would not be safe. Councilmember Baker asked if the Planning Commission ever considered four (4) lots instead of five (5) lots. Mr. Page responded that the Planning Commission did consider reducing the number of lots but did not make any recommendations to the Developers. Mr. Howell noted that he talked to Chief Kraule and was told that he did not support shared driveways, but since shared driveways already exist in Saratoga he could not deny its use at the proposed development. Mr. Howell also noted they have angled the driveway over 20 feet and plan to landscape it so the Lee's house would not be impacted. Mr. Howell noted in regards to the suggestion by Mrs. Lee, to move the driveway along the fence, that the City's Arborist opposed the placement of the driveway there because the trees on the other side of the fence would be impacted. Councilmember Streit noted that the new plan indicates that one (1) extra oak tree would have to be cut down. Mr. Howell responded that in order for them to move the driveway over i 8 City Council Minutes December 12, 2000 20 feet, an extra oak tree would have to be cut down. Mrs. Lee expressed her dissatisfaction that the trees would have to be cut down in order for the developers to move the entrance of the driveway over 20 feet. This would still not solve the problem of Lot 4 having a long and flat driveway facing her front door. Mrs. Lee also commented on the fact that Mr. Howell now claims it is the neighbors' trees on the other side of the fence that would be impacted. She feels that is where the driveway should go. Mrs. Lee feels that the Developer has not treated her honestly and fairly and requested the Council to look into the matter of the usage of the existing driveway, which CALTRANS does not object to using. Mr. Howell noted that they did consider moving the flag lot on the other side of the property but it was not a viable solution. He noted the neighbors objected to having the flag lot next to their property because it would create a "tunnel" effect. Mr. Howell explained the ingress and egress on to Saratoga- Los Gatos Road would cause a traffic hazard, which the City's traffic engineer, Jim Jeffries, suggested not doing because he felt CALTRANSs probably would not approve it. Councilmember Streit asked if the "screening plan" for the flag lot driveway was a condition of the initial approval. Councilmember Streit feels that screening would possibly eliminate the problem of headlights shining into the Lee's house. Mr. Page noted the Planning Commission discussed screening but does not recall making it part of the conditions of approval. Mr. Howell explained that they have tried to make their development esthetically pleasing to the surrounding neighborhood. Mr. Howell noted that the flag lot cannot be seen from the road because the lot drops 15 feet from front to back and the neighbors requested that fences on the properties do not start 110 feet back from the street. Councilmember Streit asked if they would object to adding a "screening plan" to the approval of the Tentative map. Mayor Mehaffey closed the public hearing at 8:32 p.m. Councilmember Baker noted he agreed with the City's traffic engineer that using the existing driveway for five houses is not acceptable. Councilmember Baker noted he opposed flag lots and would not support this five-lot subdivision. He noted that this property should only be developed with four (4) lots. 9 City Council Minutes 9 December 12, 2000 Councihnember Streit concurred with Councilmember Baker that the use of • the existing driveway was not safe for five houses and felt the placement of the driveway of the flag lot is in the proper place. Councilmember Streit noted he could support the project with the changes and with the conditions of the proper amount of screening and the proper amount of trees being replanted that would block the lights from the surrounding properties. Councilmember Waltonsmith noted she could support the project with Councilmember Streit's added conditions. Councilmember Bogosian concurred with Councilmember Streit's suggestions and noted he could now support the project. Mayor Mehaffey concurred with Councilmember Bogosian that the usage of the property is a reasonable compromise between the Developers and the neighbors. He suggested that the Developers angle the driveway over more so it does not face the Lee's front door. Mayor Mehaffey commented he could support the project with all the changes and added conditions. STREIT/MEHAFFEY MOVED TO APPROVE A TENTATIVE MAP FOR THE SUBDIVISION LOCATED AT 20251 SARATOGA -LOS GATOS ROAD SUBJECT TO ADDED CONDITIONS. MOTION PASSED 4-1 WITH BAKER OPPOSING. CIRCULATION ELEMENT & SCENIC HIGHWAY ELEMENT (CONTINUED FROM 11/15/00). STAFF RECOMMENDATION: Approve Circulation Element & Scenic Highway Element. TITLE OF RESOLUTION: 00-063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE NEGATIVE DECLARATION AND CIRCULATION AND SCENIC HIGHWAY ELEMENT UPDATE Dave Anderson, City Manager, presented staff report. Mr. Anderson reported the Circulation and Scenic Highway Element final document incorporates trail advocate Teri Baron's comments and Councilmember Waltonsmith's suggested Highway 85 language. Staff has again replaced the Saratoga Library reference desk copies with this latest version and updated the City's website. 10 City Council Minutes December 12, 2000 Mayor Mehaffey opened the public hearing at 8:47 p.m. and invited any public comments. Cheriel Jensen, 13737 Quito Road, expressed her concern with future interchanges in the City of Saratoga. Ms. Jensen suggested adding the number of people who rejected interchanges in the background report. Mayor Mehaffey closed the public hearing at 8:49 p.m. Councilmember Waltonsmith agreed with Ms. Jensen that by adding the number of people who opposed interchanges in the City of Saratoga would show the history of the issue. Councilmember Baker noted he did not see a problem adding the number of people who opposed interchanges to the report. Richard Taylor, City Attorney, suggested adding a footnote in the text that would reflect the number of people who opposed interchanges. BAKER/STREIT MOVED TO ADOPT THE NEGATIVE DECLARATION AND CIRCULATION AND SCENIC HIGHWAY ELEMENT UPDATE. MOTION PASSED 5-0. Mayor Mehaffey declared afive-minute recess at 8:58 p.m. Mayor Mehaffey reconvened the meting at 9:03 p.m. Mayor Mehaffey pointed out that Mr. Landau (Item #14) was present tonight and requested to be moved up on the agenda. Mayor Mehaffey asked for the consensus of the City Council to grant Mr. Landau's request. Consensus of the City Council to move Item #14 before Old Business. NEW BUSINESS 14. JOSEPH LANDAU, CLAIMANT; CLAIM N0.0511611 STAFF RECOMMENDATION: Reject claim. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker reported the claimant states he damaged his bicycle wheel on Pierce Road due to a pothole. The claimant had to replace his front wheel at a 11 City Council Minutes December 12, 2000 cost of $105.87. Director Walker ex a~ pl med a neighbor was ndmg with the claimant when the accident occurred. The claimant does not want to provide the neighbor's name or address as a witness to the incident. Director Walker noted the City has no record of any prior notice regarding a road hazard at this location. There is an area approximately 30 feet prior to Sara Hills Drive where the crack widens to approximately five inches with a depth of approximately three inches. Receiving prior notice of the condition and allowing adequate time for the City to make repair are two required elements to make a finding that the City is liable for damages. The City was not able to repair a condition for which it had not received prior notice. Based upon these findings, ABAG recommends rejection of this claim. Joseph Landau, 744 Caribou Court, Sunnyvale, noted that he did not agree with the letter he received from ABAG stating it was his responsibility to make sure the road was safe and if it wasn't he was obligated to notify the City of Saratoga. Mr. Landau provided the Council with pictures of the pothole. Mr. Landau reported that he visited the site this past weekend and the pothole was still not repaired. Councilmember Waltonsmith asked what the City's liability is. Richard Taylor, City Attorney, reported that with respect to the City's obligation under the law, the law says it is not Mr. Landau responsibility to notify the City in advance, but before the City would be required under the law to make a claim to Mr. Landau the City would have to be on notice of the defects on the roadway and would have to have a reasonable opportunity to repair the street. Unfortunately, a trench dug by another agency caused this defect and the City has fulfilled its obligation and repaired it. Mayor Mehaffey asked if the road has been repaired yet. John Cherbone, Public Works Director, indicated the Public Works Department repaired the defect today. Director Cherbone explained that the defect was actually failed backfilling from a previous utility project. BOGOSIAN/STREIT MOVED TO REJECT CLAIM FILED OF JOSEPH LANDAU, CLAIMANT; CLAIM NO. 0511611. MOTION PASSED 5-0. 12 City Council Minutes December 12, 2000 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items on this section will be acted in one motion unless they are removed from the Consent Calendar. 7A. APPROVAL OF COUNCIL MINUTES OF: NOVEMBER 1, 2000 -REGULAR MEETING NOVEMBER 15, 2000 -REGULAR MEETING DECEMBER 4, 2000 -SPECIAL CLOSED SESSION STAFF RECOMMENDATION: Approve submitted minutes. STREIT/WALTONSMITH MOVED TO APPROVE MINUTES OF NOVEMBER 1, NOVEMBER 15, AND DECEMBER 4, 2000 CITY COUNCIL MINUTES. MOTION PASSED 5-0. 7B. REVIEW OF CHECK REGISTER. STAFF RECOMMENDATION: Note and file. STREIT/WALTONSMITH MOVED TO NOTE AND FILE CHECK REGISTER. MOTION PASSED 5-0. 7C. OCTOBER FINANCIAL STATEMENTS STAFF RECOMMENDATION: Note and file. STREIT/WALTONSMITH MOVED TO NOTE AND FILE OCTOBER FINANCIAL STATEMENT. MOTION PASSED 5-0. 7D. REVIEW OF PLANNING COMMISSION ACTION MINUTES. STAFF RECOMMENDATION: Note and file. STREIT/WALTONSMITH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 7E. CITY OF SARATOGA COMMISSIONS -ATTENDANCE RECORDS STAFF RECOMMENDATION: Note and file. Mayor Mehaffey pulled Item 7E from the Consent Calendar. 13 City Council Minutes December 12, 2000 Mayor Mehaffey congratulated the Youth Commission for perfect attendance for the second half of the year. MEHAFFEYBOGOSIAN MOVED TO NOTE AND FILE SARATOGA COMMISSION ATTENDANCE RECORDS. MOTION PASSED 5-0. OLD BUSINESS 10. AUTHORIZATION TO CITY MAYOR TO EXECUTE CONTRACT WITH JOE A. GONSALVES & SON FOR PROFESSIONAL LEGISLATIVE REPRESENTATION. STAFF RECOMMENDATION: Authorize City Manager to execute contract. Dave Anderson, City Manager, presented staff report. Mr. Anderson explained that at the November 15 City Council meeting, staff was directed to discuss with Gonsalves the details of service which the firm could provide, and to return with a recommendation as to whether to retain Gonsalves as a legislative consultant. Mr. Anderson noted the City's experience with Gonsalves has been positive. The firm has been supportive and professional and the services provided by Gonsalves related to SB 1883 were invaluable and could not have been performed by staff. BAKER/WALTONSMITH MOVED TO AUTHORIZE CONTRACT WITH JOE A. GONSALVES & SON FOR PROFESSIONAL LEGISLATIVE SERVICES. MOTION PASSED 5-0. NEW BUSINESS 11. REVIEW OF COUNCIL MASTER MEETING CALENDAR FOR 2001. STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that it was the appropriate time for the Council to discuss and approve the draft Master Meeting Calendar for the year 2001 presented to them this evening. City Clerk Boyer noted the Library Commission's Joint Meeting with the City Council was cancelled in October 2000. Therefore, the Library Commission has requested to meet with the City Council in February instead of April. i 14 City Council Minutes December 12, 2000 Moving the Public Safety Commission, Sheriff, and Fire Districts to April and in turn moving the Library and Finance Commission to February can accomplish this. Also, the date for City Council annual retreat needs to be set. Two possible dates have been suggested; May 12 or May 19, 2001. Consensus of the City Council to approve the draft Master Meeting Calendar for 2001; grant the Libraries request to meet with the City Council in February; and set the Council retreat date to May 19, 2000. 12. COUNCIL AGENCY ASSIGNMENTS AND COMMISSION LIAISONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reported at the November 15 City Council meeting staff was directed to prepare a report listing all the outside agencies, committees, and commissions to which City Councilmembers are assigned. City Clerk Boyer noted it was now appropriate to review the previous assignment list and submit assignment requests to the Mayor. The appointments will be brought back to Council in the form of a resolution on January 3, 2000. Mayor Mehaffey directed the Council to submit their assignment request to him by Friday, December 22, 2000. 13. AUTHORIZATION TO CITY MANAGER TO EXECUTE CONTRACT WITH PHIL BLOCK, AICP FOR PLANNING STAFF SUPPORT. STAFF RECOMMENDATION: Authorize execution of contract. Dave Anderson, City Manager, presented staff report. Mr. Anderson explained the City Council included adequate funding for FY 00-01 to pay for Contract Planning Services. The funds were allocated from development review fee revenue to help current staff with the large number of development applications submitted during this busy year. Mr. Anderson noted Mr. Phil Block has over 28 years of public sector planning experience and comes to Saratoga with excellent references. He has served as the Community Development Director for the City of Merced for twenty of those years. Mr. Block currently is working 32-plus hours per week for the City -Tuesday through Friday, and is contracted to work through March 2001. 15 City Council Minutes December 12, 2000 Mayor Mehaffey questioned Mr. Block's employment status and asked why the City has not hired a permanent City Planner. Mr. Anderson explained that Mr. Block is being hired under a contractor status not as a City employee. Mr. Anderson reported the City did conduct recruitment for a planner in September but did not receive any qualified candidates. Mr. Anderson noted upon the completion of the salary survey, another recruitment would take place. Mayor Mehaffey noted some employment issues that may happen if a contractor is hired longer than six (6) months. WALTONSMITH/BAKER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT WITH PHIL BLOCK, AICP FOR PLANNING STAFF SUPPORT. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Bogosian questioned the status of the Fire District issue. Mr. Anderson noted that the issue was referred to the Public Safety Commission. The Public Safety Commission heard public testimony at their last meeting and formed a subcommittee that will report back to the Public Safety Commission. Councilmember Waltonsmith asked if the City had received any information on the results of the census. In addition, Councilmember Waltonsmith asked the status on the report regarding conversions of commercial retail users to office uses that the City Attorney presented to the Council in August. Mr. Anderson responded that once the position of Economic Development Coordinator was filled, the issue of conversions of commercial retail users to office uses would be addressed. Councilmember Bogosian reported that tomorrow he would be meeting with the Animal Control JPA. He noted they hired Rich Perry to recruit an Executive Director and unfortunately, a facility still has not been purchased. • 16 City Council Minutes December 12, 2000 OTHER • None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Bogosian adjourned the meeting at 10:40 p.m. Respectfully submitted, Cathleen Boyer City Clerk • • 17 R City Council Minutes January 3, 2001 MINUTES SARATOGA CITY COUNCIL ~. January 3, 2001 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:45 p.m. Liability Claims Claimant: Ron Luketich -Claim #95110020 & 96110014 Agency Claimed Against: City of Saratoga (Gov't Code Sec. 54956.95) Conference With Legal Counsel -Existing Litigation (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Name of case: B&N Development LLC v. City of Saratoga (Santa Clara County Superior Court Doc. No. CV785117) Conference With Legal Counsel -Initiation of Litigation (Government Code section 54956.9(c)): (1 case) Conference with Real Property Negotiator Property: 18870 Allendale Avenue Negotiating Parties: City of Saratoga/ Serbian Eastern Orthodox Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:06 p.m. and requested Councilmember Bogosian to lead the Pledge of Allegiance. ROLL CALL PRESENT: Evan Baker, Stan Bogosian, Nick Streit, Ann Waltonsmith, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works City Council Minutes January 3, 2001 r James Walgren, Director of Community Development Paula Reeve, Administrative Analyst Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 3. 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 3, 2001 was properly posted on December 29, 2000. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS 1. COMMENDATION FOR RON ADOLPHSON, FRIENDS OF THE WARNER HUTTON HOUSE STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey presented a commendation to Ron Adolphson. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items on this section will be acted in one motion unless they are removed from the Consent Calendar. 2A. APPROVAL OF COUNCIL MINUTES OF: DECEMBER 12, 2000 -ADJOURNED MEETING STAFF RECOMMENDATION: Approve submitted minutes. Councilmember Baker pulled Item 2A from the Consent Calendar. 2 City Council Minutes January 3, 2001 Councilmember Baker requested that Liz Kniss be identified as the Santa Clara County Board Supervisor/Elect instead of Mayor of Palo Alto. Ma or Mehaffe noted a few s ellin errors and would forward his corrections Y Y P g to the City Clerk. WALTONSMITH/BAKER MOVED TO APPROVE MINUTES OF DECEMBER 12, 2000 CITY COUNCIL MINUTES AS AMENDED. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Note and file. STREIT/BAKER MOVED TO NOTE AND FILE CHECK REGISTER. MOTION PASSED 5-0. 2C. NOVEMBER FINANCIAL STATEMENTS STAFF RECOMMENDATION: Note and file. STREIT/BAKER MOVED TO NOTE AND FILE NOVEMBER FINANCIAL STATEMENT. MOTION PASSED 5-0. 2D. REVIEW OF PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: Note and file. STREIT/BAKER MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2E. APPROVE RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE MAP FOR SUBDIVISION AT 20251 SARATOGA-LOS GATOS ROAD STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE MAP FOR SUBDIVISION AT 20251 SARATOGA-LOS GATOS ROAD Mayor Mehaffey noted that he spoke to Mrs. Helen Lee (appellant) over the City Council Minutes 2F. 2F January 3, 2001 holiday weekend. Mayor Mehaffey reassured Mrs. Lee that Howell & McNeil would follow all of the conditions of approval that the City Council voted on at the last City Council meeting. MEHAFFEY/STREIT MOVED TO ADOPT RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE MAP FOR SUBDIVISION AT 20251 SARATOGA-LOS GATOS ROAD. MOTION PASSED 4-1 WITH BAKER OPPOSING. APPROVE RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION LIAISON APPOINTMENTS Adopt resolution. STAFF RECOMMENDATION: TITLE OF RESOLUTION: 01-002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES • Councilmember Bogosian pulled Item 2F from the Consent Calendar. Councilmember Bogosian noted that the Silicon Valle Animal Control JPA Y was not included in the resolution and requested that he be the representative. Mayor Mehaffey directed staff to amend the resolution to include the Silicon , Valley Animal Control JPA and appointed Councilmember Bogosian to be the representative. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES. MOTION PASSED 5-0. APPROVE RESOLUTION SUPPORTING SARATOGA HIGH SCHOOL'S PERFORMING ARTS BUILDING PROJECT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING SARATOGA HIGH SCHOOLS' CONCEPTUALIZATION OF THE PERFORMING ARTS AND LECTURE CENTER 4 City Council Minutes January 3, 2001 Dave Schirtzinger representing the Saratoga High School and the Saratoga High School Foundation explained that the High School was built in 1958 with the intention of building a Performing Arts Center but unfortunately was never constructed. Mr. Schirtzinger explained that $3.1 million dollars has been allocated from Measure B towards the construction of the new building. To date the Foundation has raised an additional $1 million. Mr. Schirtzinger noted that $3.4 million dollars is still needed by June 2001. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION SUPPORTING SARATOGA HIGH SCHOOLS' CONCEPTUALIZATION OF THE PERFORMING ARTS AND LECTURE CENTER. MOTION PASSED 5-0. OLD BUSINESS 4. UPDATE STATUS REPORT - SARATOGA PLAYFIELDS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist noted that on August 2, 2000, Staff presented to Council an information report on playfield usage in Saratoga and the need for additional "flat grass" areas for practice and game fields for A.Y.S.O. soccer and Saratoga Little League. Several leads for additional playfields were investigated by Staff and presented to Council at the August 2 meeting, with staff indicating a need to follow-up on these leads and report back to Council at a lateR date. Analyst Bloomquist noted that C.Y.S.A. soccer and Pony League baseball have notified Council regarding their needs for practice and game fields. Analyst Bloomquist explained the list of venues explored by Staff and the status of their availability: 1. Saratoga High School • Possible agreement to construct a Pony League baseball field. • Possible use of fields for games by A.Y.S.O. next season. 2. City of Campbell • Possible availability of facilities. 3. LDS Church • Increased usage agreement for 2001 season, contingent upon the City of Saratoga entering into a field maintenance agreement. City Council Minutes January 3, 2001 Analyst Bloomquist noted several recent leads on additional playfield that did not materialize. Councilmember Baker requested an explanation on Prospect High School's need for financial assistance for a new gymnasium. Analyst Bloomquist explained that the principal at Prospect High School would like to expand/remodel their current gymnasium and is looking for financial assistance. Analyst Bloomquist noted that the City of Saratoga offered financial assistance expecting the use of their playfields in return, this assistance was turned down. Official at the High School claim their fields were currently being used in full capacity. Mayor Mehaffey thanked Analyst Bloomquist for the report. UPDATE STATUS REPORT -SEPTIC ABATEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. James Walgren, Director of Community Development, presented staff report. Director Walgren explained that the City initiated the Septic Abatement program last year by collecting from the two sanitation districts lists of all properties that were thought to be subject to its requirements. Of the 585 properties identified by the districts, staff was able to remove many that were either undeveloped parcels or properties that had connected to sanitary sewer but were just not in the districts' records. Staff then sent a notice to each of the remaining property owners notifying them of their responsibility. The notice gave them six months to comply with the program. The deadline for compliance was August 31, 2000. Director Walgren noted to date the following breakdown of the status of the 585 properties: Connected to Sanitary Sewer 216 Vacant parcel 77 Exempt-No Right-of--Way 17 Exempt-Inadequate Grade 15 Exempt-Greater than 200 Ft. 3 Received Extension 36 No response-Noncompliance 221 Director Walgren explained the septic abatement ordinance requires that a lien in the form of a Notice of Noncompliance be recorded on noncompliant properties putting title companies, lenders, and future owners on notice that a sanitary sewer connection must be made before the property can be improved in any manner requiring a City permit, sold or used for equity financing. • C • 6 City Council Minutes January 3, 2001 A discussion took place on connection exemptions. • Director Walgren noted that staff is recommending mailing one final notice to each of these homeowners allowing them an additiona145 days to respond before initiating the property liens. Fred C. Zillmer, PO Box 814, Saratoga, CA., expressed strong opposition to the Septic Abatement Ordinance and noted the only notice he ever received was in February 2000 when the City Council adopted the ordinance. Councilmember Baker explained to Mr. Zilhner that this subject has been on the cover of the Saratoga News on two separate occasions and has been on the Council agenda many times over the last two years. Councilmember Baker opposes an additiona145-day notice to the 221 noncompliant property owners, and supports initiation of the lien process. Councilmember Baker requested more information on the 10 properties that abut the creek. Councilmember Waltonsmith suggested that the City offer partiaUfull financial assistance to the properties exempt due to inadequate grade and concurred with Councilmember Baker regarding additional information on the 10 properties that abut the creek. Councilmember Bogosian supports an additiona145-days notice to the 221 noncompliant property owners and concurred with Councilmember Baker regarding additional information on the 10 properties that abut the creek. Councilmember Waltonsmith concurred with Councilmember Bogosian and supports an additiona145-days notice to the 221 noncompliant property owners. Councilmember Streit concurred with his colleagues with an additional suggestion, that all notices be certified. Mayor Mehaffey directed staff to initiate the process to mail the last notice to the 221 noncompliant property owners giving them an additiona145 days to respond and report back on the 10 properties that abut the creek. Mayor Mehaffey thanked Director Walgren for the report. City Council Minutes January 3, 2001 PUBLIC HEARINGS 3. RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS AND BRUSH Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that this was the second step in the Saratoga's weed abatement program administered by the County Fire Marshall's Office. The County has sent owners of the parcels requiring weed abatement notices informing them the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. City Clerk Boyer noted that Fire Marshall Marty Hicks was present tonight to answer any questions the Council may have. Mart Hicks, Fire Marshall's Office ex lained that last ear there were 210 Y p Y properties on the list compared to 148 this year. Mr. Hicks explained that the residents in Saratoga respond extremely well to the weed abatement program. Councilmember Streit questioned how long the County waits before initiating the work for the property owner. Mr. Hicks responded that the property owners have 45 days to respond before the County abates the weeds on April 1, 2001. Mayor Mehaffey opened the Public Hearing at 7:50 p.m. and invited any public input. Mayor Mehaffey closed the Public hearing at 7:51 p.m. WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS. MOTION PASSED 5-0. City Council Minutes NEW BUSINESS January 3, 2001 6. AUTHORIZATION TO CITY MANAGER TO EXECUTE AMENDMENT TO CONTRACT WITH SANTA CLARA COUNTY SHERIFF'S DEPARTMENT STAFF RECOMMENDATION: Authorize City Manager to execute contract. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained the current Law Enforcement Contract with the County of Santa Clara covers afive-year period from 1997-2002. The contract terms require the Sheriff to develop an annual Plan projecting service levels for Saratoga, which is mutually agreed upon by the Sheriff's Department and the City. Analyst Reeve reported in October 2000, the City modified its law enforcement goals due to changing needs of the community. The City approved increasing Supplemental patrol from 1,977 hours to the current 4,356 hours, providing two additional deputies to address traffic congestion issues throughout Saratoga. Analyst Reeve reported that the proposed FY 2000-2001 law enforcement cost for Saratoga is $2,717,500, inclusive of the supplementary traffic patrol services. Councilmember Waltonsmith expressed interest in a monthly report from the Sheriff's Department including priorities and issues that could affect the changing needs of the City of Saratoga. She requests that the Sheriff's Department work with the City to confirm that the definitions or content of each of the cells in the matrix are appropriate for the City's overall information needs. Analyst Reeve responded that the Sheriff's Department report monthly to the Public Safety Commission reporting the number of traffic accidents, tickets, and any criminal activity. Councilmember Bogosian requested an explanation of the report of the deployment schedules of the Patrol Officers around the schools and Prides Crossing. Captain Miles, Sheriff's Department, responded that the report was broken down into two types of traffic management; Neighborhood Traffic Management and School Traffic Management. Captain Miles explained that all the Patrol Officers have an a.m. and p.m. assignment and sometimes an extra arterial route assignment. Captain Miles explained that an officer might be at a school in the morning and later at an arterial route and then back at the school for the p.m. pickup. 9 City Council Minutes January 3, 2001 . Councilmember Streit asked if the Sheriff's Department is using their resources efficiently in the City of Saratoga. Captain Miles responded that he has noticed that the new de to ent p ym schedules have made an impact, but in order to gather sufficient statistics it would take at least six (6) months to be certain that the deployment schedules are having a significant impact. in Saratoga. Mayor Mehaffey requested Captain Miles return in six (6) months with a follow up report. Captain Miles reported that during the month of December, Chief Lori Smith allotted 600 overtime hours at no cost to the contract cities to utilize "Avoid the 13". Captain Miles reported that there were no fatal accidents or DUI injury incidents around the West Valley cities. Captain Miles proudly reported that the Santa Clara County Sheriff's Department had 119 DUI arrests during the fifteen (15) day program, second highest only to the San Jose Police Department, out of the four counties that participated in the program. Councilmember Bogosian asked out of the 119 DUI arrests how many were in or around Saratoga. Captain Miles responded that there were 17 DUI arrests in Saratoga. Captain Miles noted that on January 8, 2000, the Santa Clara County Sheriff's Department would be participating, along with all the other surrounding law enforcement agencies in the county, in a program called "School Zone Crackdown". Captain Miles explained that law enforcement agencies would be providing educational and enforcement activities at the local schools with the hope to change or modify the behavior of the students, parents, joggers, etc. Captain Miles notified the Council that due to the recent retirement of Lieutenant Dennis Gregory, he was proud to introduce Lieutenant Ernie Smedlund, a 23-year veteran of the Sheriff's Department who will now be second in command in the West Valley division. Mayor Mehaffey thanked Captain Miles for the report. BAKER/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT TO CONTRACT WITH SANTA CLARA COUNTY SHERIFF'S DEPARTMENT. MOTION PASSED 5-0. BAKER/STREIT MOVED TO AUTHORIZE AN APPROPRIATION TO INCREASE THE POLICE SERVICES BUDGET BY $221.595.00. MOTION PASSED 5-0. • 10 City Council Minutes January 3, 2001 7. POLICY FOR ELECTRONIC MAIL AND INTERNET USAGE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker explained that with the increasing use of electronic mail (email) and the Internet, the City developed a policy last year to communicate to employees the City's intents and expectations regarding use of these resources. The policy states that users are expected to conduct themselves in a professional manner consistent with other forms of communication and that these resources are for business related purposes. Councilmember Bogosian suggested having one designated person in charge of everyone's passwords. Mayor Mehaffey disagreed with Councilmember Bogosian's suggestion, but suggested having a policy that passwords must be changed on an annual basis. Director Walker responded to Mayor Mehaffey explaining that the computer automatically suggests to the user to change their password, but it is the users decision. Councilmember Waltonsmith suggested getting an opinion from the City Attorney on the use of email. Richard Taylor, City Attorney, explained that all city employee's and elected official's email messages are public information. Mr. Taylor suggested further, not sending confidential items via email. Mayor Mehaffey directed staff to continue to use the current policy for electronic mail and Internet usage. 8. AUTHORIZATION TO CITY MANAGER TO EXECUTE CONTRACT WITH AVERY & ASSOCIATES FOR THE RECRUITMENT OF COMMUNITY DEVELOPMENT DIRECTOR STAFF RECOMMENDATION: Authorize City Manager to execute contract. TITLE OF RESOLUTION: 01-005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAHING ADJUSTMENTS TO THE FISCAL YEAR 2000- 2001 BUDGET Dave Anderson, City Manager, presented staff report. 11 City Council Minutes January 3, 2001 Mr. Anderson reported that with the resignation of the Community Development Director, effective January 5, 2001, the City of Saratoga must recruit a new Community Development Director. Mr. Anderson noted that the most expedient and thorough method of recruiting for a Community Development Director was to use the services of an executive search firm. The City solicited and received proposals from two search firms: Hughes, Perry & Associates and Avery Associates. Mr. Anderson explained that after assessing the two proposals, Avery Associates' targeted lateral recruitment strategy was deemed most effective in this very challenging labor market, and its consulting fee for conducting this recruitment is $13,400.00 plus out-of-pocket expenditures not to exceed $5000.00. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT WITH AVERY & ASSOCIATES FOR THE RECRUITMENT OF COMMUNITY DEVELOPMENT DIRECTOR. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Waltonsmith congratulated Director Walgren on the start of a new career with the City of Los Altos. Councilmember Waltonsmith requested that in the future the Parks and Recreation Commission schedule ribbon-cutting ceremonies at City parks as a City function overseen by the City Council. Councilmember Streit noted he would bring up the request at the next Parks and Recreation Commission on January 8, 2001. , Councilmember Baker questioned if the Chamber of Commerce responded to the letter from a patron during the Village Open House in December. Mr. Anderson noted he would follow up with Chamber of Commerce and report back to the Council at a later date. Councilmember Streit requested that next year more effort go into the making "The Village" more festive for the holidays and suggested adding more lights to the street trees. Councilmember Streit applauded the staff on the temporary Senior Center portable that has been placed behind the Building Department. He noted that he was impressed with the appearance and placement of the portable. Mayor Mehaffey requested that when the census results are made public, the population signs throughout Saratoga reflect the changes. 12 ~~~ .. City Council Minutes January 3, 2001 Mayor Mehaffey wished James Walgren well and thanked him for his twelve (12) years of service to the City of Saratoga. OTHER None CITY MANAGER'S REPORT Mr. Anderson explained that due to the recent power crisis an internal memo was distributed reminding employees to conserve energy. Mr. Anderson also reported that the timers on the lights along Big Basin Way have been rescheduled to run from 7p.m.- 12.p.m. Mr. Anderson also noted that the ABAG Power Pool, in which the City of Saratoga belongs to, recently reported that it had entered into an 18-month contract to purchase power at reasonable rates. ADJOURNMENT Mayor Mehaffey adjourned the meeting at 8:40 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • 13 • •