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HomeMy WebLinkAbout01-23-2002 Planning Commission Packety CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, January 23, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPi=: Regular Meeting ROLL C 4LL: Commissioners Garakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry Absent: Commissioners Hunter, Zutshi, and Chair Barry Staff: Planners Oosterhous, Vasudevan ~ Welsh, and Director Sullivan PLEDGE OF ALLEGIANCE MINUTES : Draft Minutes from Regular Planning Commission Meeting of January 9, 2002. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address thePlanning Commission for up to three mim~tes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staf f. REPORT OF POSTING AGENDA ~, t ' ,_ _, Pursuant tT,;.Government Code 54954.2, the ~~~>' - - -~~ }vas prope,:'; - ~-' c°` ' t;at? 17, >_ .-~~ 2002. _:.. y ~. - . _ , _ . -- -~,- .;.... - _ _ _ ~ _ r , _ __ ' ~^ /- s _ REPORT OF APPEAL RIGHTS - ~ A : `~~t _ If you ~~~ish to appeal any decision on this Agenda, you may file an "Appeal Application" with the~i_.t5' Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga 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 Monday, a week before the meeting. 1. DR-O1-034 (503-20-061) - BARKATULLAH, 20520 Verde Vista Lane; -Request for Design Review approval to demolish an existing 2,134 square foot residence and construct a new 4,320 square foot t~vo-story residence with a 1,771 square foot basement. Maximum height of the structure will be 22 feet. The 21,778 square foot parcel is zoned R-1-12,500. (VASUDEVAN) (APPROVED 4-0) 1 2. DR-98-046 Fst UP-98-015 - AZULE CROSSING, 12340 Saratoga-Sunnyvale Road; - The applicant requests Planning Commission approval for existing exterior lighting at the residential portion of the Azule Crossing development located at Harvest Lane. (OOSTERHOUS) (APPROVED 3-I, KURASH OPPOSED) DR-O1-023 (503-23-016, Lot 1) -SCHUCK, 14221 Saratoga-Sunnyvale Road, Lot 1; -Request for Design Review approval to construct aone-story craftsman style single- family residence on a newly subdi~~ided 18,569 square foot parcel. The floor area of the proposed residence and attached three-car garage is 4,206 square feet with a basement area of 994 square feet. The maximum height of the house will be 18 feet. The site is zoned R-1-15,000. (WELSH) (APPROVED 4-0) 4. DR-O1-024 (503-23-016, Lot 3) -SCHUCK, 14221 Saratoga-Sunnyvale Road, Lot 3; -Request for Design Re«ev<~ approval to construct a t~vo-story craftsman style single-family residence on a newly subdi«ded 19,546 square foot parcel. The floor area of the proposed residence and detached tvvo-car garage is 3,891 square feet, with a basement area of 1,140 square feet. The maximum height of the house is 24 feet. The detached garage is proposed at 14 feet 6 inches in height. The site is zoned R-1-15,000. (WELSH) (APPROVED 4-0) 5. DR-O1-025 (503-23-016, Lot 4) -SCHUCK, 14221 Saratoga-Sunnyvale Road, Lot 4; -Request for Design Review approval to construct aone-story craftsman style single-family residence on a newly subdi~~ided 18,560 square foot parcel. The floor area of the proposed residence and attached three-car garage is 4,016 square feet, with a basement area of 1,344 square feet. The maximum height of the house is 18 feet. The site is zoned R-1-15,000. (WELSH) (APPROVED 4-0) DIRECTOR ITEMS COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS Written- Minutes from Regular City Council Meetings of October 17, 2001, I\TOVember 7, 2001, December 11, 2001, December 19, 2001 and January 2, 2002 ADJOURNMENT AT 9:58 P.M. TO NEXT MEETING - Wednesday, February 13, 2002, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION -- - LAND USE AGENDA DATE: Tuesday, January 22, 2002 - 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 23, 2002 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. DR-O1-023, DR-O1-024 - SCHUCK Item 3,4,5 ~ DR-O1-025 14221 Saratoga-Sunn~nale Road (Lots 1, 3 ~ 4) 2. DR-O1-034 - BARKATULLAH Item 1 20520 Verde Vista Lane 3. DR-98-046 Est UP-98-OIS - AZULE CROSSING Item 2 12340 Saratoga-Sunnyvale Road LAND USE COMMITTEE The Land Use Committee is comprised of interested Planning Commission member-s. 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. • ITY F SARATOGA PLANNING COMMISSION C o AGENDA DATE: Wednesday, January 23, 2002 - 7:00 p.m. PLACE: Council Chambers/Ci~~ic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Garakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry PLEDGE OF ALLEGIANCE MINUTES : Draft Minutes from Regular Planning Commission Meeting of January 9, 2002. ORAL CovI~~IUNICATIONS -Any member of the Publicwill be allowed to address thePlanning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taping action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting vas properly posted on January I7, 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). 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 hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga 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 Monday, a week before the meeting. 1. DR-O1-034 (503-20-061) - BARKATULLAH, 20520 Verde Vista Lane; -Request for Design Review approval to demolish an existing 2,134 square foot residence and construct a new 4,320 square foot two-story residence with a 1,771 square foot ~~ basement. Maximum height of the structure will be 22 feet. The 21,778 square foot parcel is zoned R-1-12,500. (VASUDEVAN) s 2. DR-98-046 ~ UP-98-015 - AZULE CROSSING,12340 Saratoga-Sunnyvale Road; - The: applicant requests Planning Commission approval for existing exterior lighting at the residential portion of the Azule Crossing development located at Harvest Lane. (OOSTERHOUS) 3. DR-O1-023 (503-23-016, Lot 1) - SCHUCK,14221 Saratoga-Sunnyvale Road, Lot 1; - Request for Design Review approval to construct aone-story craftsman style single- family residence on a newly subdivided 18,569 square foot parcel. The floor area of the proposed residence and attached three-car garage is 4,206 square feet v~~ith a basement area of 994 square feet. The maximum height of the house will be 18 feet. The spte is zoned R-1-15,000. (WELSH) I 4. DR-O1-024 (503-23-016, Lot 3) - SCHUCK,14221 Saratoga-Sunnyvale Road, Lot 3; -Request for Design Review approval to construct atwo-story craftsman style single-family residence on a newly subdivided 19,546 square foot parcel. The floor area of the proposed residence and detached two-car garage is 3,891 square feet, with a basement area of 1,140 square feet. The maximum height of the house is 24 feet. The detached garage is proposed at 14 feet 6 inches in height. The site is zoned R-1-1,000. (WELSH) 5. DR-O1-025 (503-23-016, Lot 4) - SCHUCK,14221 Saratoga-Sunnyvale Road, Lot 4; -Request for Design Review approval to construct aone-story craftsman style single=family residence on a newly subdivided 18,560 square foot parcel. The floor area of the proposed residence and attached three-car garage is 4,016 square feet, with a basement area of 1,344 square feet. The maximum height of the house is 18 feet. The site is zoned R-1-15,000. (WELSH) DIRECTOR ITEMS COMMISSION ITEMS Com j'ssioner's sub-committee reports COMMUNICATIONS - Written- Minutes from Regular City Council Meetings of October 17, 2001, November 7, 2001, December 11, 2001, December 19, 2001 and January 2, 2002 ADJOURNMENT TO NEXT MEETING - Wednesday, February 13, 2002, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA Go MINUTES 2 .~ ARA /~ S TOGA PLANNING COMMISSION U - v DATE: Wednesday, January 9, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Barry called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Jackman, Roupe and Zutshi Absent: Kurasch Staff: Director Tom Sullivan, Associate Planner John Livingstone and Planner Lata Vasudevan APPROVAL OF MINUTES -Regular Meeting of December 12, 2001. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Jackman, the regular Planning Commission minutes of December 12, 2001, were approved with the following modifications: Page 6 -Commissioner Hunter said that retaining walls might become prevalent. .Page 7 -Commissioner Hunter said that it is very valid to state that a 4,800 square foot home is a very large house. p^"'*~~ ^~•* *h ~+ chn livno in ~ ~ nnn onnnrn fnn+ . Said that she would go for a smaller house on this lot, considerably smaller. Page 9 -remove the first bullet within the motion for approval: Thy*r-ta@ nnr~linnnt rnrinnn +l~n ctri~ntnrn her nn n~lili+i~r~ol nirrht rnrnnnt Page 9 -Chair Barry said that Commissioner Garakani is simply suggesting. a Study Session be held early on. A a~o~ t~,n+ ;+~ ~Ho ~,.,a l~nr ...o~, +Ho,-o .x,~„~a ~,o .,,. Page 12 -Chair Barry pointed out to Mr. Pridham that the intent of the Ordinance is that folks in the Hillside Residential Zoning District give l~~ up the fenced-in aspect of properties. Page 13 - ~~ Director Sullivan suggested that the Commission vote on the proposed amendment and ~k-a~ then vote on the main motion. Page 14 -Bullet 3 from Associate Planner John Livingstone's report should read: Stated that this applicant has contacted each of his neighbors... AYES:Barry, Garakani, Hunter, Jackman, Roupe and Zutshi NOES: None ABSENT: Kurasch ABSTAIN: None ORAL COMMUNICATIONS There were no Oral Communications. Saratoga Planning Commission Minutes of January 9, 2002 Page 2 ~~ REPORT OF POSTING AGENDA Director Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 3, 2002. CONSENT CALENDAR There were no Consent Calendar items. *** NON PUBLIC HEARING -ITEM NO. 1 GARROD FARMS, 22600 Mount Eden Road (503-10-028): Request for General Plan clarification to allow three new dwelling units on one parcel of land where two dwelling units currently exist. 7'he area is within the jurisdiction of Santa Clara County and is prezoned Hillside Residential. The County requires the project be consistent with the City of SaraStoga's General Plan. (LIVINGSTONE) (CONTINUED FROM 11/14/01) Associate Planner John Livingston presented the staff report as follows: • Advised that the applicants seek approval for the construction of three new homes on a site with two existing residences. One unit is proposed at 3,000 square feet plus a garage and the two remaining units are proposed at 2,500 square feet plus garages. There will be 1,500 cubic yards of cut and 1,200 cubic yards of fill. • Identified the site as being located within an unincorporated area of Santa Clara County within Saratoga's sphere of influence. The County requires that this proposal meet the General Plan policies of the City of Saratoga. Following that determination, the County would process Architectural and Site approvals. • Stated that staff finds this proposal to be in conflict with the Hillside Specific Plan. • Recommended that the Commission review this proposal and provide direction to staff and the applicant. - Commissioner Roupe sought assurances that public testimony can be taken on a Non Public Hearing Item. Director Tom Sullivan replied yes. Chair Barry clarified that the Commission's direction is being requested. Asked about the Open Space Plan proposed. Associate Planner John Livingstone: • Advised that the applicant is proposing a trail dedication to the City to try to meet the Open Space section of the plan, concentrating on the phrase "preferred" instead of "required." • Pointed out that the Commission can take one of four actions including: 1. Find the proposal consistent with the General Plan and Hillside Specific Plan and instruct staff to come back with a Resolution for approval under Consent, including the acceptance of the trail easement proposal. a Saratoga Planning Commission Minutes of January 9, 2002 Page 3 2. Find the proposed density to be inconsistent and recommend staff to forward that finding to the County. 3. Explore additional revisions to the project to enhance the Open Space to justify the increased density. 4. Applicant could submit an application to amend the Hillside Specific Plan. Commissioner Garakani asked for more of an explanation for Option 3. Director Tom Sullivan restated that this would require enhancements to those options already offered. Commissioner Zutshi asked if this means fewer units. Director Tom Sullivan stated that it means further options to enhance the proposal. Commissioner Jackman said that revisions to the Hillside Specific Plan would require a community vote. Director Tom Sullivan reminded that this parcel is not currently within the City's limits. Chair Barry opened the Public Hearing for Agenda Item No. 1 at 7:10 p.m. Mr. George Cooper, Property Owner/Applicant, 22701 Mount Eden Road, Saratoga: • Said that he has resided on the property since 1945. • Expressed appreciation for the patience of the staff and Planning Commission. • Advised that the family has retained the law firm of Matteoni, Saxe and O'Laughlin. • Said that he would provide a project overview. • Pointed out that they seek authorization to construct three new residences on an 11-acre parcel to house family members -and staff. The new homes would be single-story ranch style homes consistent with the existing homes on site. They plan to retain the agriculture and landscaping on the property. • Describe that the family operates two agriculturaUrecreational businesses on their property, both of which are labor intensive businesses, mainly family operated. Key on-site employees have housing provided. Currently his own daughter drives 65 miles from Pleasanton to work for the .family business. The Garrod family has farmed on its property continuously since 1893. The riding stables were established in 1966. The vineyard was planted in 1972. The winery established in 1991. The have achieved a national reputation for their wines, having won numerous awards. Said that the businesses include horse shows, wine tasting and fundraising events. • Informed that there are currently eight houses on the entire 120-acre property. Three of the homes house senior family members. The Operations Manager, Wine/Marketing Manager, Stable Manager, Riding Director and Office Manager occupy the five other homes. There are currently three units short of what they need. • Reminded that they have deeded 120 acres of the original 240-acre property to the Mid-Peninsula Open Space Authority. They also propose to provide links to the trails as called for in Saratoga's Master Plan. • Introduced his attorney, Peggy O'Laughlin. Peggy O'Laughlin, Attorney for the Garrod/Cooper Family: • Said that she wanted to put Mr. Cooper's proposal into context. Saratoga Planning Commission Minutes of January 9, 2002 Page 4 • Pointed out that the Garrod/Cooper family are not developers but rather they operate a farm. This is a unique use in Saratoga. The family has been in the area for more than 100 years. • Said that she has reviewed the City Attorney's memorandum to the Community Development Director and agrees on the law that applies. • Said that the Commission clearly has the discretion to determine if the proposal is consistent with the General Plan and Hillside Specific Plan. • Reminded that State Law does not require a precise match. • Described a court case out of Oakland where the Court stated that a City can find a proposal is in harmony with the General Plan. • Assured that this proposal is in harmony with Saratoga's General Plan. • Read Policy 7 of the General Plan into the record. • Pointed out that a significant component of the Open Space Element comes from agricultural uses, including the discouragement of early cancellation of Williamson Act lands. The Element also allows additional dwellings on family farm operations. Additionally, a density bonus can be allowed if a significant investment exists on the property. • Reiterated that these three homes represent necessary housing for this family to continue its farm operations. • Said that the Garrod/Cooper family has shown its commitment in preserving open space, specifically by dedicated 120 acres to Mid-Peninsula Open Space Authority. Additionally, they are offering to deed atrail- easement to Saratoga, 1,000 feet in length. This easement will provide a crucial link that Saratoga includes as desirable within its Master Trails Plan. • Said that although City staff finds conflict with this proposal with the Hillside Specific Plan, the plan does not include a mandate but rather a preferred density. • Reminded that this is a Williamson Land Act holding. e • Recommended adoption of Alternative 1 as provided by staff. Chair Barry asked Attorney Peggy O'Laughlin if her clients would support a Deed Restriction that requires the property to revert to compliance with existing General Plan Zoning in the event that they opt out of the Williamson Act. Attorney Peggy O'Laughlin: • Advised that she spoke early in the process with Saratoga's City Attorney as well as staff. • Informed that the Garrod/Cooper family has just renewed with the Williamson Act for another 10 years. • Reminded that this is not a subdividable lot. The units cannot be sold outside of the family. • Said that an Agricultural Easement Overlay had been considered in the past but found to be unnecessary. ' Chair Barry asked if they would object if the Commission were to require an Overlay. Attorney Peggy O'Laughlin replied that it would have to be specific. Commissioner Roupe pointed out that the Williamson Act lasts for 10 years and there are no guarantees that it will be renewed after that time. Attorne Pe O'Lau hlin reminded that the famil has been on this land since 1892. Y ggY g Y Saratoga Planning Commission Minutes of January 9, 2002 Page 5 Commissioner Roupe suggested that a formal stipulation should be considered as the City may be setting a precedent by stating that this project conforms to the City's General and Hillside Specific Plans. Attorney Peggy O'Laughlin clarified that tonight's request reflects just 11 acres of the entire 120 acre family holding. They might consider a deed restriction on those 11 acres tonight but not the entire -120 acres. The Garrods had previously expressed reluctance to do so. Commissioner Garakani sought clarification that there are two homes existing on this 11 acres with the proposal to construct and additional three units. Chair Barry opened the Public Hearing for Agenda Item No. 1 at 7:42 p.m. Mr. Bruce Jensen, 12679 Carneysville, Saratoga: • Expressed his support of this proposal. Ms. Deborah Lang, 13172 Montrose Street, Saratoga: • Expressed her support of this proposal. • Pointed out the long-standing commitment to the community demonstrated by the Garrod/Cooper Family. • Said that they represent a part of the past and an ability to maintain farming in the area. • Identified herself as a 4H leader of a group with 90 youth members. • Stated her support for the efforts to maintain the farm operation by providing affordable living units for its employees. Mr. Vince Garrod, Property Owner/Applicant: • Informed the Commission that the Williamson Act contracts last 10 years but are renewed automatically each year for an additional 10-year period. They plan to continue with the Contract and continue the family use of the land for agricultural uses as long as it is economically feasible to do so. • Stated that in 2001, they had 18,000 riders on their trials. • Said that they are also in the fruit business. The community likes grapes and the wine business. • Asked for the Commission's support to allow them to continue their operations. Commissioner Zutshi asked for clarification from Attorney O'Laughlin on the Williamson Act renewal process. Attorney Peggy O'Laughlin said that the Act works just as Mr. Garrod described. It is renewed annually. Additionally, the Williamson Act Contract is not easy to cancel and, if cancelled, that cancellation is not effective for 10 years. Director Tom Sullivan pointed out that if back taxes are paid, the Williamson Act Contract can be cancelled. Reminded that the purpose of the Act is to lower property taxes for farmland. Attorney Peggy O'Laughlin said that the Garrods are not proposing the cancellation of their Williamson Act Contract. Commissioner Garakani questioned if some sort of guarantee not to cancel can be offered. Saratoga Planning Commission Minutes of January 9, 2002 Page 6 _ Attorney Peggy O'Laughlin said that it is hard to guarantee forever. Added that the Williamson Act first passed in 1971. Director Tom Sullivan proposed that a Condition can be imposed that if any further urbanization of this 120 acres occurs, the owners will be required to process an Annexation of their property into the City of Saratoga's jurisdiction. Chair Barry questioned whether the applicant makes this request for Annexation or the City. Commissioner Roupe sought clarification regarding what Director Sullivan means by the urbanization of the property and whether that means the potential of development of the property. Director Tom Sullivan said that if any further urbanization is proposed, this property should be within the City of Saratoga rather than within County jurisdiction. An agreement to that effect can be processed. Attorney Peggy O'Laughlin said that this possible Condition can be discussed. With the trigger being the cancellation of the Williamson Act, this Condition could be appropriate. Commissioner Roupe asked who initiates this action. Director Tom Sullivan advised that the City, Applicant and County would do it together. The applicants are here today at the request of the County. Chair Barry asked if Attorney O'Laughlin finds this proposal to reflect the family's willingness. Attorney O'Laughlin replied that they can look into the idea. Chair Barry closed the Public Hearing for Agenda Item No. 1 at 8:00 p.m. Commissioner Hunter: • Stated her support for Alternative 1. • Said that the Cooper/Garrod family is an extraordinary family that has been here for more than 100 years. • Said that she is grateful for the 120 acres they have already. deeded to Open Space. • Said that they have helped make Saratoga what it is today. • Said that the City can be flexible as there is room here to accommodate this request. • Asked staff to draft a Resolution of approval. " Commissioner Roupe: • Said that he shares Commissioner Hunter's view and is also in support of Alternative 1. • Stated that the Commission does have the discretion to support this request. • Pointed out that there is ambiguity in the General Plan with the language reading "preferred" rather than absolute. • Said he is in favor but also intrigued by the proposed Condition to require Annexation if the land comes out of the Williamson Act Contract. This Condition makes sense. . Saratoga Planning Commission Minutes of January 9, 2002 Page 7 Commissioner Jackman: - • Agreed. • Said that this land is important to the history of Saratoga. • Pointed out that the Housing Element demonstrates how difficult affordable housing is to develop. • Supported Alternative 1. • Declared that she would like to see this family farm continue for another 100 years. Commissioner Zutshi: • Stated her support for Alternative 1 with the added Condition requiring Annexation in the event that the Williamson Act Contract is discontinued. Commissioner Garakani: • Stated his support for Alternative 1. • Agreed with the need for housing for agricultural uses. • Supported the Annexation requirement. Director Sullivan said that staff would bring back the Resolution. Chair Barry: • Stated that while the family has farmed this land for 100 plus years, the Commission has to consider that the property may have to be split in the future. • Agrees that the Commission has the discretion to approve this request. • Thanked the family and their attorney and encouraged them to work with the Community Development Director. *** PUBLIC HEARING -ITEM NO. Z DR-O1-021, V-010-012 & BSA-Ol-002, RUSTED, Kittrid~e Road: Request for Design Review and Building Site Approval to construct atwo-story craftsman style, single-family residence on a vacant lot. The floor area of the proposed residence and attached two-car garage is 4,810 square feet. The maximum height of the residence will be 26 feet. The site is zoned Hillside Residential (H-R). A variance is requested in order to construct retaining walls in excess of five feet. An exception is also requested to exceed one thousand cubic yards of cut and fill allowed in the H-R Zone. (OOSTERHOUS) THIS ITEM IS REQUESTED TO BE CONTINUED Director Tom Sullivan presented the staff report: • Informed the Commission that as there are many issues still to be addressed, this item will be renoticed to a future meeting date. *~* • PUBLIC HEARING -ITEM N0.3 UP-O1-018 (381-01-026) AUGUST PARTNERS II, LLC; DR. KATHLEEN BAN, DDS (tenant), 12132 Saratoga-Sunnyvale Road: Request for a Conditional Use Permit approval to establish a dental Saratoga Planning Commission Minutes of January 9, 2002 Page 8 office in an existing 1,440 square foot office space in the Park Saratoga Center. The office space is located in the Visitor Commercial (C-V) zoning district. (VASUDEVAN) Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking approval to establish a general dental practice within a 1,440 square foot office within a Visitor Commercial (C-V) zoning district. This use requires a Use Permit from the Planning Commission. • Stated that the space has been vacant for more than one year. It is easily visible, located close to the main entrance. This use will be beneficial to the Center. • Said that there are 195 parking spaces available. Staff finds parking to be sufficient as this use is not intensifying the former use, a hair salon. Both uses have the same parking requirement. • Informed that necessary findings can be made to recommend approval. Chair Barry opened the Public Hearing for Agenda Item No. 3 at 8: l2 p.m. Chair Barry closed the Public Hearing for Agenda Item No. 3 at 8:12 p.m. Commissioner Roupe expressed his endorsement since the proposal meets all requirements. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Roupe, the Planning Commission approved a Conditional Use Permit (UP-O1-018) to allow the establishment of a dental office at 12132 Saratoga-Sunnyvale Road: AYES:Barry, Garakani, Hunter, Jackman, Roupe and Zutshi NOES: None ABSENT: Kurasch ABSTAIN: None Chair Barry advised that there is a 15-day appeal period. *** PUBLIC HEARING -ITEM N0.4 DR-O1-031 & UP-O1-017 (397-05-091) -SAN FILIPPO, Sobey Road: Request for Design Review approval to construct a new 4,981 square foot two-story residence with 608 square foot basement and 528 square foot cabana on a vacant lot. The Use Permit is necessary to allow the cabana to be 15 feet in height. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is located within an R-1-40,000 zoning district. (LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking Design Review approval fora 4,500 square foot, two-story residence with a 600 square foot basement, 500 square foot two-car garage and 500 square foot cabana on a vacant lot. Additionally, a Use Permit is required to allow the cabana at 15 feet in height. Without a Use Permit, the height would be limited to 12 feet. • Informed that this project has a history, having come before the Commission and Council before. That proposal was denied. • Said that this is a new application with changes that now meet the five design policies. It will follow the contours of the slope; the landscaping plan includes native trees and shrubs and various Saratoga Planning Commission Minutes of January 9, 2002 Page 9 materials to soften the structure as well as protect privacy for the neighbors; varying roof lines break the elevation; the structure meets design for energy efficiency. The use of solar panels as alternative energy to heat the pool and provide radiant floor heating. • Described the color palette as being dark tan. • Said that the cabana is proposed at 15 feet in height. Zoning allows 12 feet or up to 15 with Planning Commission approval if two findings can be made. One required finding is that the increased height is necessary for architectural compatibility. The second is that the proposal is compatible with the existing neighborhood. Staff finds that these two findings can be made in this case. • Recommended approval. • Advised that the neighbor that had previously expressed concerns is now in support of this revised plan. Commissioner Roupe asked if this application has received partial credit for use of pervious materials. Associate Planner John Livingstone replied that they have just a small portion that received credit. The applicant is using the most pervious material available. To receive an additional credit a percolation test would be required. The applicant can do this later. Chair Barry asked staff to identify this material that is the most pervious available. Associate Planner John Livingstone promised to provide samples to the Commission in the future. Commissioner Roupe said that this sample is not necessary as part of this application. Chair Barry agreed but added that it would help with future projects. Commissioner Jackman asked if a side view drawing of the cabana is available. Commissioner Roupe pointed it out to Commissioner Jackman. He added that there appears to be a substantial slope with a 16-foot drop and asked whether a retaining wall is necessary that will require a variance. Associate Planner John Livingstone replied that there are no retaining walls required that exceed Code allowances. Commissioner Roupe asked if there would be plantings to buffer the side of the house. Associate Planner John Livingstone replied that there would be a fairly dense landscaping plan. Ms. Grace San Filippo, Applicant, Sobey Road, Saratoga: • Said that she is hoping for approval this evening. • Advised that her architect and contractor are available for questions. Commissioner Roupe expressed appreciation for the effort to substantially change this project to address the concerns of the Commission. The applicant has found an middle ground. Thanked Ms. San Filippo for her efforts. Saratoga Planning Commission Minutes of January 9, 2002 Page 10 _ Commissioner Garakani asked about the glass blocks and solar panels. Mr. Maunce Camargo, Project Architect: • Said that the glass blocks are part of a floor system to allow light into the lower floor. • Said that the solar panels are located on the south facing flat roof area that will be screened by a parapet. Commissioner Roupe asked Mr. Camargo if the solar system will provide electricity or radian heat, since the same panel cannot serve both functions. Mr. Maurice replied that these are heat-collecting panels and not electricity generating. Chair Barry opened the Public Hearing for Agenda Item No. 4 at 8:30 p.m. Chair Barry closed the Public Hearing for Agenda Item No. 4 at 8:30 p.m. Commissioner Roupe: • Stated that this new proposal represents a substantial improvement. • Stressed that the applicant's work with the neighbor was important. • Said that the new proposal has addressed the bulk and mass issues, with the rearrangement of the structure's second floor. • Said that a remarkable job has been done in toning down this home. While it will still be imposing since it is on a hill, it also fits within the surrounding community quite nicely. • Stated that the story poles were quite helpful and in this case were a good idea. Commissioner Jackman: • Expressed that she is pleased with the redesign. It fits better. • Agreed that installation of the story poles really told a story. • Said that this home will be a nice addition to the community. Commissioner Roupe: • Added that the step down of the retaining wall helps keep it from being a monolithic structure. A nice job was done in addressing a difficult problem. Commissioner Garakani asked for the maximum retaining wall height for this project. Commissioner Roupe replied five feet. Mr. Maurice Camargo clarified that the highest point is actually four feet and that a planter area is also incorporated. Commissioner Garakani asked Mr. Camargo if there are plans to install vegetation. Mr. Maurice Camargo replied that the area will be fully landscaped. Commissioner Hunter said that the house looks fine and is very nice. Saratoga Planning Commission Minutes of January 9, 2002 Page 11 Commissioner Barry: • Agreed with the comments made by Commissioners Roupe and Jackman. • Said that this is a really nice design and that she is pleased with the changes. • Said that she thinks she will really like this house and that she is glad the issues with the neighbors were resolved. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission approved DR-O1-031 & UP-O1-017 to allow the construction of a new 4,981 square foot, two-story residence (maximum height of 26 feet) with a 608 square foot basement and 528 square foot cabana (maximum height of 15 feet) on property located on Sobey Road: AYES:Barry, Garakani, Hunter, Jackman, Roupe and Zutshi NOES: None ABSENT: Kurasch ABSTAIN: None Chair Barry advised that there is a 15-day appeal period. *** PUBLIC HEARING -ITEM NO. S DR-O1-043 (397-28-005) - FITT, 20461 Walnut Avenue: Request for Design Review approval to add 360 square feet to the first floor, 334 square feet to the second floor and 360 square feet to the basement of the existing 1,800 square foot dwelling. Maximum height of the structure will be 24 feet. The 7,658 square foot parcel is located in the R-1-10,000 zoning district. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that the applicant is seeking approval fora 360 square foot first floor addition, 334 square foot second-story addition and 360 square foot basement to an existing home that was constructed in 1906. • Said that the Heritage Preservation Commission researched the list and Ordinance and Walnut was not listed.. Staff will be working with the Heritage Preservation Commission to add to the Historic Resources Inventory. • Stated that the addition will match the existing dwelling. Anew roof will be installed. Fire had no requirements. Public Works had no requirements. • Said that new windows will be included on the second story on the south, north and west elevations. There are no privacy impacts with the windows on the south and north elevations. The windows on the west elevation could have privacy impacts. Staff is recommending the use of either opaque or translucent glass on the west elevation windows to ensure privacy. • Said that staff is pleased with the design. Consideration of a garage modification had been considered. However, to do so would destroy the existing yard. It was decided to leave the garage alone. • Recommended approval. Commissioner Zutshi asked where the two-foot setbacks are located. Director Tom Sullivan replied only for the garage. Saratoga Planning Commission Minutes of January 9, 2002 Page 12 Commissioner Roupe asked if the two-car requirement is being waived for this addition. Director Tom Sullivan said that since the applicant is not adding 50 percent or more to the home, they are not triggering the requirement for compliance with the provision of a two-car garage. Commissioner Hunter: • Advised that it has been the practice of the City to forward any homes constructed prior to 1950 to the Heritage Preservation Board for review. • Said that she is uncertain when that practice was stopped. • Declared that this is a fabulous 1905 home. • Asked what list Director Sullivan refers. Director Tom Sullivan replied that the Municipal Code sets out the duties and responsibilities and how heritage structures are determined. Staff and the Commission must follow the Code or change it. Commissioner Hunter stated her hope that the list gets updated soon. Director Tom Sullivan assured that it is his intention to have staff update the list. Chair Barry suggested that this matter, as far as potentially changing Code, could be deferred to later in the agenda under Commission Sub-Committee Reports. Commissioner Hunter said that she is grateful for the care the Planning Commission takes in their consideration of each application. It is just as careful as the Heritage Preservation Commission. Chair Barry opened the Public Hearing for Agenda Item No. 5 at 8:50 p.m. Ms. Elsbeth Newfield, Project Architect, 119 Bryan Street, Palo Alto: • Said that she would be available to address any technical questions. Commissioner Roupe asked Ms. Newfield if she could incorporate opaque or translucent glass in the windows on the west elevation. Ms. Karen Fitt, Applicant, 20461 Walnut Avenue, Saratoga: • Agreed that she does not want to look into her neighbor's property. • Pointed out that the windowsill is located at the four-foot level. Commissioner Jackman asked about concerns raised on the site visit regarding the dormer height in relation to the chimney. Ms. Karen Fitt replied that they would be dropping the height of the dormer. Chair Barry closed the Public Hearing for Agenda Item No. 5 at 8:52 p.m. Commissioner Garakani stated that this project looks good. Saratoga Planning Commission Minutes of January 9, 2002 Page 13 Commissioner Roupe said that it is a good design that fits into its neighborhood. Said that it is important to ensure the privacy with the bedroom windows and asked staff to work with the applicant on that issue. Director Sullivan said that he would amend Item 5 in the Resolution. Commissioner Hunter said that this is a wonderful house now and will also be wonderful with this addition. Suggested that the current colors look marvelous and that the applicant should consider keeping it the same color. Chair Barry agreed that this will be charming and that the design is appropriate and nice. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Roupe, the Planning Commission approved DR-O1-043 to allow an addition to a home at 20461 Walnut Avenue, with the amendment to Condition 5 regarding the west windows on the second floor. AYES:Barry, Garakani, Hunter, Jackman, Roupe and Zutshi NOES: None ABSENT: Kurasch ABSTAIN: None Chair Barry advised that there is a 15-day appeal period. Chair Barry pointed out that she noticed a lot of different front setbacks along Walnut. Director Tom Sullivan said that in some cities, it is required that front setbacks be staggered. *~* DIRECTOR ITEMS Planning Commission Mission Statement: Director Sullivan provided a second draft of the Commission's mission statement for review. Commissioner Roupe said that this is a big improvement and that he liked it. Commissioner Garakani said that it looks good. Chair Barry said that Commissioner Kurasch had wanted to use the term "shared." Other than that, she is happy with the draft. Commissioner Roupe asked whether goals and objectives will be developed down the road. Director Sullivan said that this finishes the exercise for now. Commissioner Hunter said that man eo le do not know what the Plannin Commission does or how YP p g it is appointed. Saratoga Planning Commission Minutes of January 9, 2002 Page 14 Director Sullivan..said that he has prepared a document for the City Clerk to distribute. Promised to provide a copy to the Commission. Chair Barry asked about the status of the Trail Access. Director Sullivan said that he met with Mr. Durland and that work on the Trail Access is proceeding. Commissioner Hunter advised that the Heritage Preservation Commission is sponsoring "A walk through the mustard." The date is Sunday, February 10, from 11 a.m. to 3 p.m. and will begin at the Warner Hutton House. Director Sullivan asked for a voice vote on the mission statement. Motion: By consensus, the Commission adopted the mission statement for the Planning Commission. (6-0-1; Commissioner Kurasch was absent) COMMISSION ITEMS Planning Commission Subcommittees • Ms. Lata Vasudevan, Planner: • Provided a brief overview on the Basement Policies Subcommittee, led by Commissioner Jackman. • Said that the basic issues included the definition of a light well, clarification of the current definition of a basement. • Read the draft definition of a light well into the record. Commissioner Roupe said that it is important to determine the desirable horizontal distance from the base to grade. Commissioner Garakani said that lots of the basements that come before the Commission include living space. Said why not give these rooms light by limiting to four feet. - Director Sullivan pointed out that the current restriction is three feet or else the basement must be counted as floor area and becomes a floor instead of a basement. Chair Barry suggested that basements can help the City achieve its Fair Housing Allotment by creating garden level units as BMR units. Director Sullivan said that the-City will need to adopt a rewritten Secondary Dwelling Ordinance by July 2002 as part of the Housing Element Update. Commissioner Jackman suggested leaving the subject of BMR units in the Housing Element instead of within the Basement Guidelines. Said that she wants simple guidelines. Commissioner Garakani said that basements are an enhancement for the whole community and • represent a proper use of land. J. Saratoga Planning Commission Minutes of January 9, 2002 Page 15 Commissioner Jackman: • Cautioned that basements can also lead to density problems. • Added that another provision of their draft policies is the requirement that a basement fit beneath the footprint of the main structure and be located no more than 10 feet from any adjacent property line. Commissioner Roupe asked if basement space can be included beneath an attached garage. Commissioner Jackman replied yes. Commissioner Roupe suggested a modification that no excavation occur within six feet of an adjacent property. Director Sullivan said that a Geotechnical Report can be required. Planner Lata Vasudevan clarified that a 10 foot minimum is proposed because sometimes setback requirements are less than 10 feet. Commissioner Garakani questioned the restriction to 10 feet as long as a Geotechnical Report says that it can be safely done. Commissioner Jackman asked staff for the smallest setback. Director Sullivan replied six feet. Commissioner Garakani pointed out that basements cost more than twice as much to construct as above ground construction. Commissioner Hunter stated that basements are really smart and wonderful to have. They represent an intelligent use of land. Commissioner Roupe said that there is no reason to object to basement space under a cabana. Commissioner Jackman suggested eliminating Requirement No. 5. Commissioner Zutshi asked if there would be different standards for Hillside District basements. Director Sullivan said that at one of his previous cities, there was an impact fee imposed for hauling excessive cut from a site, beyond an established amount, to cover the cost of wear and tear on City roadways. Commissioner Roupe suggested a requirement to designate where the cut is going. Director Sullivan said that it is the policy to prescribe what route has to be used for removal of cut at least through the City's jurisdiction. Commissioner Garakam proposed incentives for energy efficient homes. Saratoga Planning Commission Minutes of January 9, 2002 Page 16 Commissioner Jackman pointed out that basement space is actually the most energy- efficient space in a house. Chair Barry said that encouraging active solar is a good idea. She commended Commissioner Jackman and Lata Vasudevan for their work on these basement guidelines. Commissioner Roupe asked for clarification on the Joint Planning Commission/Council Session. Director Sullivan advised that the date is Tuesday, January 22°a Commissioner Hunter advised that she will be out of town and cannot attend. Chair Barry advised that she will be out for the February 13`h Planning Commission meeting. COMMUNICATIONS There were no Communication Items. ADJOURNMENT TO NEXT MEETING Chair Barry adjourned the meeting at 9:55 p.m. to the next regular meeting set for Wednesday, January 23, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk ~ . • Y ITEM 1 REPORT TO THE PLANNING COMMISSION Application No./Location: DR-O1-034; 20520 Verde Vista Lane Applicant/Owner: Reza Norouzi; Mr. and Mrs. Barkatullah Staff Planner: Lata Vasudevan, Assistant Planner l~ Date: January 23, 2002 APN: 503-20-061 Department Head: C7 ~ CT • N ~ ~ ~ ~ ~ ~ ~ . ti O; i ~ ~ H w ~ VERDE VISTA 0 4 0 800 F et WOODWARD CT . 20520 Verde Vista Lane 000001 f File No. DR-O1-034; 20520 Verde Vista Lane CASE HISTORY Application filed: Application complete: Notice published: .Mailing completed: Posting completed: PROJECT DESCRIPTION EXECUTIVE SUMMARY 08/02/01 12/28/01 OU09/02 01/09/02 01/04/02 The applicant~requests design review approval to demolish aone-story 2,134 square foot residence and construct a 4,320 square foot two-story residence with a 1,771 square foot basement. Maximum height of the structure will be 22 feet. The 21,778 square foot parcel is zoned R-1-12,500. STAFF RECOMMENDATION Approve the design review application with conditions by adopting Resolution DR-O1-034. ATTACHMENTS 1. Draft Resolution DR-O1-034 2. Arborst Report, date stamped January 7, 2002 3. Reduced Plans, Exhibit "A" • • 0~~~0~ File No. DR-O1-034; 20520 Verde Vista Lane STAFF ANALYSIS ZONING: R-1-12,500 GENERAL PLAN DESIGNATION: Residential--Medium Density MEASURE G: Not applicable PARCEL SIZE: 21,778 square feet SLOPE: 4.2% Average Site Slope GRADING REQUIRED: 1,135.44 cubic yards with a cut depth of 11' for the basement ENVIRONMENTAL DETERMINATION: The proposed project, which proposes the demolition of a single family residence and the construction of a new single family residence, is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to section 15303, "New Construction or Conversion of Small Structures", of the Guidelines for the Implementation of CEQA. The Class 3 exemption allows for the construction or conversion of up to three single-family residences. The site is in a residential zone and is connected to utility and roadway infrastructure. MATERIALS AND COLORS PROPOSED: The exterior finish will be sand-colored stucco, with wood casement windows, off-white trim, and `ledgestone' veneer accents at the lower portions of the facade. Roofing will be concrete flat tile. Color and material samples will be available at the public hearing. • 000003 File No. DR-O1-034; 20520 Verde Vista Lane • Lot Coverage: Building Footprint: Driveway, Walkways ~ Patio TOTAL (Impervious Surface) Size of Residence: First Floor: Second Floor: Garage: (Basement) TOTAL Setbacks: Front: Rear: Left Side (west): Right Side (east): Height: Residence and attached garage Proposal 25% 3,256.1 sq.ft. 2,180 sq.ft. 5,436.1 sq.ft. 2,310.1 sq.ft. 1,341.9 sq.ft. 668 sq.ft. (1,771 sq.ft.) 4,320 sq.ft. 48 ft.-2 in. 90 ft.-8 in. 17 ft.-4 in. 18 ft. Code Requirements 55% (11,978 sq. ft.) Maximum Allowable: 4,320 sq.ft. Minimum Requirements:l Front: 48 ft. Rear: 59 ft. Left Side:14 ft. Right Side:14 ft. Maximum Allowable: 22 ft. - 26 ft. 1 Setbacks specified in Municipal Code Section [MCS] 15-12.090(b) apply because the structure will be built on a lot created after 1992. The required setbacks are further increased per MCS 15-45.040 because the proposed height of the residence will be 22 feet. • • 000004 File No. DR-OI-034; 20520 Verde Vista Lane - -- PROJECTDISCUSSION Design Review The applicant requests design review approval to demolish aone-story 2,134 square foot residence and construct a 4,320 square foottwo-story residence with a 1,771 square foot basement. Maximum height of the structure will be 22 feet. The 21,778 square foot parcel is zoned R-1-12,500. The applicant has proposed a contemporary style home with a series of several low-pitched rooflines. The varying wall expanses of the proposed facades have a combination of bay windows and stone veneer accents at the entry columns and at the lower portion of the facade which minimise the perception of bulk and height. The mass of the second story portion of the building is mitigated by the voids created by the proposed balconies at the front and the rear elevations. The architectural styles of the homes in the vicinity of the project site are primarily ranch style stucco homes, interspersed with a few homes of other styles. Across the street from the subject site is a two-story carnage style home. The properties on Verde Vista Court to the rear of the property are two-story stucco homes. The owner of the adjacent property east of the subject site recently obtained Administrative Design Review approval to demolish the existing structure and construct aone-story contemporary style home. This neighboring property owner had initially expressed concerns regarding privacy and views from the subject proposed home into her proposed home. At the request of Staff, the applicant and the neighbor have met and have revised both of their plans. The neighboring property owner has expressed to Staff that she no longer has any issues about the proposed home. The main portion of the proposed home will be situated approximately 35 feet from the yet to be built neighboring home. The applicant is also proposing sufficient landscape screening along the eastern side adjacent to the neighboring property. Although most of the homes on Verde Vista Lane are one-story, the proposed two-story home 'ill not overwhelm the surrounding properties in terms of scale. The proposed home will be only approximately 4 feet taller than the neighboring proposed one-story home. Moreover, the new home will be situated 4 feet further back from the front property line than the proposed neighboring home, and approximately 20 feet further back from the front property line than most of the surrounding homes. The large front yard setback combined with the abundance of large trees on the property will mitigate any perception of height and bulk of the proposed home. Therefore, Staff has concluded that the proposed two-story home will be compatible with the neighborhood in terms of style, proportion, mass, and height. • 0~~~~5 File No. DR-O1-034; 20520 Verde Vista Lane The proposed project implements the following Residential Design Policies: Policy #1: Minimize perception of bulk: The proposed two-story residence has a combination of horizontal and vertical articulations including varying rooflines, stone veneer entry columns, bay windows and balconies that will minimize the perception of bulk. The sand-colored stucco exterior will contrast nicely with the stone veneer accents at the lower pomons of the house and will help to soften the appearance of the facades. Policy #2: Integrate Structures with the Environment: Since the applicant is proposing a limited number of materials and the proposed colors are earth-toned, the residence will blend well with the surroundings. Policy #3: Avoid Interference with Privacy: The applicant has made a conscientious effort to solicit comments on the proposed home from the adjacent property owners. As described above, the applicant has already met with the neighbor to the east of the subject site, and will be providing sufficient landscape screening. The site already has many tall trees with dense foliage screening any views from the adjacent property owners to the west of the site. No issues were raised by the property owners across the street, and to the west of the subject site. The property with a two-story home immediately behind the subject site on Verde Vista Court is at a slightly higher level and overlooks the applicant's property. The applicant has corresponded with this neighbor to ensure that adequate screening will be provided for privacy. Policy #4: Preserve Views and Access to Views: The project site is not located in a hillside area. The average slope of the site is approximately 4.5%, and the proposed house vaill not have any impact on access to views. Policy #5 Design for Energy Efficiency: The Barkatullah residence has been designed for energy efficiency. The house will be well insulated and.will be equipped with high-energy efficient heating and cooling appliances. The main bulk of the house will face theeast and south for increased solar access at morning and midday.. Parking The Saratoga City code requires each residence to have at least two enclosed parking spaces within a garage. The proposed residence will have a three car garage. Grading The applicant proposes a cut of 11' and excavation of 1,135.44 cubic yards of soil for the construction of the basement. 000006 File No. DR-O1-034; 20520 Verde Vista Lane Trees The City Arborist Report, date stamped and received January 7, 2002 (attached), contains recommendations for the protection of existing trees on the site. According to the Arborist Report, the construction proposal will expose 32 trees to some level of risk of damage. Four trees #3, #47, #26, and #27 aze in conflict with the proposed construction and will be removed by implementation of the proposed design. Tree #26, a London Plane tree, is an exceptional specimen. The Arborist Report explains that since this tree is at the center of the parcel, it would be highly unlikely that a design revision would be adequate to maintain this tree in good condition. Either a transplant or planting of replacement trees equaling its value is required. Trees #3 and #47 are Monterey Pines and categorized as fair specimens, and tree #27 is a Coast Redwood and is categorized as a fine specimen. Replacement trees which equal the values of the trees removed are required. In addition, trees #32 and #44, a London Plane and a Cork Oak Bark respectively, will be too severely damaged to survive. Replacement trees are also required for these two trees. The conceptual landscape plan included in Exhibit A shows the locations of the replacement trees. The applicant will be required to submit as a condition of approval a utility plan and final landscape and irrigation plan for review and approval by the City Arborist prior to issuance of Building Permits. Conclusion , The proposed residence complies with the policies set forth in the City's Residential Design Handbook and satisfies all of the findings required within Municipal Code Section 15-45.080. The proposed residence will preserve the natural landscape to the extent feasible and will not interfere with views or privacy. The proposed residence will be compatible with the neighborhood and is designed so that the perception of bulk is minimized. STAFF RECOMMENDATION: Staff recommends approval of the design review application with conditions by adopting Resolution DR-O1-034. • ~~0~4~ • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • 000008 C Attachment 1 APPROVAL OF RESOLUTION NO. APPLICATION NO. DR-OI-034 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA BARKATULLAH; 20520 Verde Vista Lane WHEREAS, the City of Saratoga Planning Commission has received an application for design review approval to demolish a 2,134 square foot residence and construct a 4,320 square foot two-story residence with a 1,771 square foot basement. The proposed 4,320 square foot residence is on a 21,778 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 project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. The Class 3 exemption applies to the construction of asingle-family residence in a residential zone. 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: Avoid unreasonable interference with views andprivacy: The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community ~~ievv sheds will avoid unreasonable interference with views and privacy. The site already has many tall trees with dense foliage screening any views from the adjacent property owners to the west of the site. The applicant will be providing sufficient screening trees and other landscaping to address privacy concerns of the neighbor to the rear and adjacent property east of the subject site. In addition, the proposed two-story residence will be set back 48 feet from the front property line protecting the privacy of the neighbors across the street. The project site is not located in a hillside area. The average slope of the site is approximately 4.5%. The subject parcel and the parcels immediately adjacent to the site are relatively flat. Preserve natural landscape: The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minim~ed and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. 000009 File No. DR-O1-034; 20520 Verde Vista Lane The subject parcel has a large number of trees. Four trees are in conflict with the S proposed design and will be removed, and two additional trees will be too severely damaged to survive. Replacement trees are required No grade changes are proposed. Minimize perception of excessive bulk: 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. The proposed two-story residence has a combination of horizontal and vertical amculations including varying rooflines, stone veneer entry columns, bay windows and balconies that will minim;ze the perception of bulk. The sandy beige stucco exterior will contrast nicely with the stone veneer accents at the lower portions of the house and will help to soften the appearance of the facades. Compatible bulk and height: The proposed main or accessory structure will be compatible in terms of bulk and height with existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and the natural environment; and shall not unreasonable impair the light and air of adjacent properties nor unreasonable impair the ability of adjacent properties to utilize solar energy: Although most of the homes on Verde Vista Lane are one-story, the proposed two-story home will not overwhelm the surrounding properties in terms of scale. The proposed home will be only approximately 4 feet higher than the neighboring yet to be built one- story home. Moreover, the new home will be set back 4 feet further back from the front property line than the proposed neighboring home, and approximately 20 feet further back from the front property line than most of the surrounding homes. The large front yard setback combined with the abundance of large trees on the property will mitigate any perception of height and bulk of the proposed home. Current grading and erosion control methods: The proposed site development or grading plan incorporates current grading and erosion control standards used by the City: Other than excavation for the proposed basement, no grading is proposed for this project. Design policies and techniques: The proposed main structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.0055. The proposed project implements the following Residential Design Policies: Policy #1: Minimize perception of bulk: The proposedtwo-story residence has a combination of horizontal and vertical amculations including varying rooflines, stone veneer entry columns, bay windows and balconies that will minimize the perception of bulk. The sandy beige stucco exterior will contrast nicely with the stone veneer accents at the lower portions of the house and will help to soften the appearance of the facades. ~~OQ~n File No. DR-OI-034; 20520 Verde Vista Lane • Policy #2: Integrate Structures with the Environment: Since the applicant is proposing a limited number of materials and the proposed colors are earth-toned, the residence will blend well with the surroundings. Policy #3: Avoid Interference with Privacy: The applicant has made a conscientious effort to solicit comments on the proposed home hom the adjacent property owners. As described above, the applicant has already met with the neighbor to the east of the subject site, and will be providing sufficient landscape screening. The site already has many tall trees with dense foliage screening any views from the adjacent property owners to the west of the site. No issues were raised by the propert~~ owners across the street, and to the west of the subject site. The property with atwo-story home immediately behind the subject site on Verde Vista Court is at a slightly higher level and overlooks the applicant's property. The applicant has corresponded with this neighbor to ensure that adequate screening will be provided for privacy. Policy #4: Preserve Views and Access to Views: The project site is not located in a hillside area. The average slope of the site is approximately 4.5%, and the proposed house will not have any impact on access to views. Policy #5 Design for Energy Efficiency: The Barkatullah residence has been designed for energy efficiency. The house will be well insulated and will be equipped with high-energy efficient heating and cooling appliances. The main bulk of the house will face the east and south for increased solar access at morning and midday. NOVV, THEREFORE, 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 Azam and Mumtaz Barkatullah for design review approval 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. Four sets of complete construction plans incorporating this Resolution and the City Arborist Report as a sepazate plan page shall be submitted to the Building Division prior to issuance of Building Permits. Q~~Q1.:~ File No. DR-O1-034; 20520 Verde Vista Lane • 3. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. 4. 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." 5. No ordinance size trees, other than the trees specified in the Arborist Report that are in conflict with the proposed construction, shall be removed without review and approval by the City Arborist. 6. A storm water retention plan indicating how all storm water will beretained on-site, and incorporating the New Development and Construction -Best Management Practices shall be included in the construction plans submitted to the Building Division. If all storm water cannot beretained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 7. A maximum of one wood-burning fireplace is permitted. CITY ARBORIST 8. All recommendations in the City Arborist's Report, date stamped January• 7, 2002, shall be followed and incorporated-into the plans. 9. Protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." Protective fencing shall be five (5) feet high chain link with steel posts buried 18 inches in to the ground. Staff shall inspect the tree protective fencing prior to issuance of any Building Permits. 10. Replacement trees shall be secured with a grower at the onset of construction, Therefore; it is required that replacement trees be secured within 60 days of issuance of Building Permits. 11. A grading and drainage, final-landscape, irrigation and utility plans shall be submitted for . re~~iew and approval by the City Arborist prior to issuance of Building Permits. 12. Prior to issuance of Building Permits, the applicant shall submit to the Planning Department, security in the amount of $23,308.25 to guarantee the maintenance and preservation of trees on the project site. 13. Prior to granting Final Occupancy approval all approved landscaping must be installed and the City Arborist shall inspect the site to verify compliance with tree protection measures and replacement tree requirements. ©~~O1.G File No. DR-O1-034; 20520 Verde Vista Lane FIRE PROTECTION DISTRICT 14. Roof covering shall be fire retardant. 15. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions, city of Saratoga Code Article 16-60. (Alternative requirements, sprinkler systems, l6-60-E.) 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. Automatic sprinklers shall be installed in newly constructed attached/detached garages (2 heads per stall), workshops, or storage areas which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall have a smooth, flat horizontal ceiling. The designer/architect is to contact San Jose Water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. (City of Sazatoga Code 16-15.090 (I]) 18. Automatic sprinklers are required for the new 6,091 sq. ft. (incl. basement) square foot residential dwelling. A 4-head calculated sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. The sprinkler system must be installed by a licensed contractor. 19. All driveways shall have a 14 minimum width plus 1' shoulders.. CITY ATTORNEY 20. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging -the City's action with respect to the applicant's project. 21. 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. 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 Sazatoga City Code, this Resolution shall become effective fifteen days from the date of adoption ~DO~~e3 File No. DR-O1-034; 20520 Verde Vista Lane PASSES AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 23rd day of January 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair Plannin Commission g ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the ; recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • ~~n~,d • FROM Panasonic FAX SYSTEM PF~NE 1~. 408 3531238 BARRIE D. COATE AND ASSOCIATES Horticultural Consultants (408) 353-1052 Fax (448) 353-1238 23535 Summit Rd. los Gatos, CA 95033 Attachment 2 TREE SURVEY AND PRESERVATION RECOMIv~NDATION5 AT THE BARKATULLAH PROPERTY 20520 VERDE VISTA LANE SARATOGA prepared at the Request of City of Saratoga Community Development Department 13777 Fruitvale Ave. Saratoga, CA 95070 s Site Visit by: Michael L. Bench Consulting Arbonst October 30, 2001 REVISED: 1-03-02 Job #03-99-049-01 Recd: 10-22-01 Due: 11-22-01 Prepared an 11-29-O1 Faxed & Mailed: 12-03-01 Ghanges/Faxcd/Mailed: 12-10-01 • ~u 1~~~~~li~ ~~ ~ JAN 0 7 2002 CITY' OF SA~TOG,4 8(1()(11 S FROM Pana~~nic FAX SYSTEM PHONE NO. 408 3531238 Jan. 07 2002 09:56PM P3 TREE SURVEY AND F'i~tE9ERVATION RECOMMENllATI0N3 AT THE BI-RICATUI.I.AF~ PROt~RT1' S 20520 VERDE VISTA LANE Assignment At the request of the Community Development Department, Planning Division, City of Saratoga, this report reviews the proposal to subdivide an existing large lot into two lots, to demolish an existing one-story boost, and to construct a new two-story residence with a basement on one of the new lots 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 restricted to prevent decline. The plan reviewed for this evaluation is the Site Plan prepared b3' I4lemarie Associates, Sheet A-2, dated 12-19-OI. Comrrlerns and sllggestions contained in this report presume that the Iocations of trees in relation to proposed construction are accurately presented on the plans provided. Summary This constnlction proposal exposes 32 trees to some level of risk of damage. Tree # 31, a 35-inch diarrleber Coast Redwood (Sequoia sempervirens) has been removed from the property Prior to this site visit. Four trees #3, 47, 25, and 27 are in conflict with proposed construcrion and would be removed by implementation of the proposed design. Tree #26 is an Exceptional specimen. Trees # 32 and 44 will suffer such severe root Loss that they would not likely survive over the long-term. Replacement trees, which equal the values of the trees removed, are suggested. Procedures are suggested to mitigate the damage that would be expected. A bond equal to SO% of the value of the exceptional trees combined with a bond equal to 25% of the value of all of the other trees is suggested in accordance with the levels of the expected risks. Observations This plan proposes the construction of atwo-story residence. There are existing building structures cad features that may be removed during demolition. Because demolition. equipment frequently moves into areas that are a considerable distance from the structures being demolished, virtually all of the trees on this site that are to be retained must be protected by fencing during demolition. There are 27 trees on Parcel 1 that are at risk of damage by proposed constnution. However, tree #42 on the neighboring property toward the west and trees #6, 7, 33, and 341ocated on Parcel #2 would also be exposed to risk of significazrt damage if they were PREPARED BY: MICHAEL L. BENCH, CON3ULTINQ ARBORI3T REVISED JANUARY 3, 2002 nnnr~~l ~ FROM Panasonic FAX SYSTB~1 PHONE NO. 4~ 3531238 Jan. 07 2002 09:57PM P4 TREE SURVEY AND PRESERVA710N RECOMMFNDA1'10N3 AT THE BARKATilt r su Pl24PERTY Z 20520 VERDE VISTA LANE • • not protected during construction. The attached map shows the location of these 32 frets and their approximate canopy dimensions. Each fret has been tagged with a metallic label with an assigned number. The 32 trees are classified as follows: Trees # 1-5, 20-25, 35, 36, 38, 41, 47 Trees # 6, 7, 39, 40, 43, 44 Tree # 15 Trees # 26, 32 Trees # 27-30 Tree # 33 Tree # 37 Tree # 42 Monterey Pine (menus radiata) Cork Bark Os1c (Quercus sober) Camphor (Ctmramomum camphora) London Plane (Platanus acerifolia) Coast Rcdwood (Segrioia sempervirerrs) Tlilip Tree (Liriodendron tulipifera) S1~e~rian Ehn (Ulmuspumila) English Walnut (Juglans regia) The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent - Extremely Poor) on the data sheets that follow this text. These ratizxgs are converted to individual descri five rat as follows: Exceptivpal Fi~ae Fair Marginal Poor S ecimens S imens S imens S ecimens S ecimens 6, 7, 26, 33, 37, 1, 20, 22, 27, 2, 3, 4, 5, 15, 29, 38 42 28, 30, 32, 36, 21, 23, 24, 25, 39, 40, 41, 43, 35, 47 44 Ea~ceptioaal 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 amajar desi,~m revisions. Mitigation procedures recommended here are intended to limit damage within accepted horticuhural standards in order to prevenx 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 ifnecessaryto facilitate construction. Mitigations recommended heze are intended to prevent significant decline. I recommend that the trees located on the adjacent properties must be treated as Exceptional, regardless of their condition. Impact of Coastraction Trees #3 and 47 are in direct conflict with the proposed new driveway. Trees #26 and 27 are indirect conflict with the proposed footprint of the new residence. PREPARED BY: MICHAEL i. BENCH, CONSULTING A12BOR15C REVISED JANUARY 3, 2002 ~nn~~ ~ FR~1 Panasonic FAX SYSTB'1 PFiDrIE N0. 4~ 3531238 Jan. 07 2002- 09: 58PM P5 TREE SURVEY AND PRESERVA11ON RECOMMENDALLOiV9 AT THE BARKAIVLLAH PROPERLY 3 20520 VERDI± VISTA LANE ' Tree #26 is a London plane tree (Platanus acerifolia), with a trunk diameter of 23 inches DBH (diameter at breast height). It has an approxianate height and spread of 70 feet. its condition is outstanding. A major design revision would be required to retain tree #26. In order to consider this possibility, a minimum clearance radius of 18 feet from the trunk would be required to expect its survival. This means that there must be no trenching, grading, or construction inside this minimum radius. The fact that this tree is located near the center of the propeaty of Parcel I, it appears highly unl~cely that s design revision could achieve this requirement In the event that no other feasible alternatives can be reached, I recommend that tree #26 be transplanted or that replacements equaling its value be required. ~-- - The driveway is proposed within approxinnat~ly 6 feet of the tnwk of tree #30, a 40-inch diameter coast redwood in reasonably good condition. This 6-foot clearance from the tnmk is not sufFicient to expect that tree-#30 would survive in good condition if a typical cut and fill must be made to construct the driveway. However, if that portion of the driveway within 25 feet of the trunk wire to be constricted completely on top of the existing grade without a grading cut whatsoever, tree #30 would l1lcely survive in good condition provided other mitigation procedures (irrigation, mulch, protective fencing) were provided. This would require that approximately 20 feet of the new driveway from the west side would slope toward the garage. It appears that this could be addressed by a channel drain across the driveway. The fact that pavers typically require a soil cut and fill to assure stability, it appears that a paver driveway is not an option i,`tree #30 would be retained It, thus, appears that this concept would require that the driveway be constructed of concrete. Trees #32 and 44 will suffer severe root loss by the construction of the proposed driveway. These two trees would not be expected to survive and, thus, would be considered a loss. It appears that tree #32 vwuld also suffer severe canopy loss. 'The other trees (#28,.29, 33, 37, and 42) nearest the construction of the residence would likely survive in good condition if procedures are required to mitigate the potential damage, primarily root damage. It appear that new u~esground utilities will be required for the new residence. The fact that there is a row of trees across the front of both parcels near the curb of Verde Vista Lane, several trees may be severely damaged by trenching for utilities, including trees #6 aid 7 located on the adjacern parcel. A P.G.& E. box exists and a vault inside the dripline of tree #6, a 23-inch diameter cork oak (Quercus Berber), in exceptional condition. In the interest of tree preservation, it would be essential that any trenching for trttlities on both parcels must be planned and executed exactly according to plan. The locations of trenches must not be left up to contractors or utility service providers. PREPARED 6Y: MICHAEL L_ BENCH, CONSULLZNG ARBORIST REVISED JANUARY 3, 2002 ~~~~~8 FROM Panasonic FAX SYST~7 PHONE NO. 4~ 35.1238 Jan. 07 2002 09:58PP1 P6 y. TREE SURVEY AND PRESERVATION RECOI~ENDAT10N8 AT T_ HE BARKA'IVILAH PROPERTY 4 20520 VERDE VISTA LANE No grading is shown on the plans provided. However, a standard grading requia~ement is to shed surface run-offaway from the new residence and toward the street or a natural water shed. In order to achieve this objective, trees #6, 7, 28, 29, 30, 33, 3b, 37, 41, and 42 may suffer root damage. 7h1; extern of damage presently is unlmown. It appears that tree #30 would have to be prutZed to accommodate the construction of the proposed driveway. Branches must not be removed by cox~struc~ion workers. Poor P~~ Practices can destroy the structure of this tree. Any removal of the canopy must be done by an arborist cerrised by the Western Chapter International Society of Arboriculture (WCISA). All of the retained trees would 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 over the root systems. 2. The dumping of construction materials, especially waste materials, such as painting products, mortar, concrete, etc., under the canopies. 3. The construction traffic across the root systems, and the parking of vehicles or construction equipment undea the c~napies. 4. Demolition of the existing buildings, driveways, and pathways adjacent to trees resulting in bark injuries, broken branches, or root loss. 5. The trenching across root zones for new utilities or For landscape irrigation. 6. The grading of the surface soil resuhing in the removal of quantities of absorbing Hoot tips, which are located just under the soil surface. 7. Broken branches or bark injuries as a resuh of construction equipment passing too close. 8. Landscaping, including incomq~atible plant species, trenching across tree root zones for irrigation, excessive soil disturbance of tree root nines, grading to create contours, etc. Virtually any landscape feature inside a tree's root Done results in a percentage of root damage. If the percentage is significant, the affected trees will decline or die. If the existing garage and driveway located on Parcel 2 is planned to be removed as a part of demolition, the majority of the trees on Parcel 2 would be subjected to the risk of root loss or of branch injuries during~demolition. In this event, the frets oa Parcel 2 would require protection during demotion. Recommendations The following mitigation suggestions are intended to reduce the extelrt of construction damage to acceptable levels, so that retained trees tau reasonably be assured of survival without declare. If any changes to the existing plans occur, the following may require alteration. 1. I suggest that construcrion period Fencing be erected and located as noted on the attached map. Fencing must be chainlink, a minimum height of 5 feet, mounted on steel posts driven 18 inches (minimum) into the ground. Tl~e fence must be in place prior to the arrival of any other materials or equipment and must remain in place untd PREPARED sY: NtICFiAEL I~ sirNCx, coNSULTING ARBORIST REYI3Eb JANUARX 3, 200a 000019 FROM Panasonic FAX SYSTEM PHONE N0. 408 3531238 Jan. 07 2002 09:59PM P7 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE $ARKA'RILLAH PROPfvit'tY 5 20520 VERDE VISTA LANE al( construction is completed and given final approval. The protective fencing must not be temporarily nnoved during construction. Fencing must be located exactly a.S shown on the attached slap. - If tree #30 is retained, the protective fence fior this tree on the east side of the trunk must be done in two phases. 2. I recommend that a utility plan, which would show the exact locations of trenches, lx required for xtview by the city arborist. Where feasible, separate utilities may be installed in the same trench. Where this is not feasible, separate trenches must be shown. All underground utilities or services (such as cable TV) must be shown. It is highly probable that the protective fencing as presented by dais report will have to be relocated, especially adjacent to the curb, to accommodate a utility plan. A feasible location for utilities without the removal of trees is suggested on the attached map. 3. in order to preserve the root systems of trees #37 from excessive soil compaction during construction, I recommend that a root buffer be required on the entire east side of the residence. A root buffer consists of 6 full inches of coarse bark chips' (shredded redwood is not acceptable for this propose due to its compressibility) be spread over the existing grade, which Inust imzxlediately be covered by ]inch Plywood (full sheets), tied together, aI~ secured to prevent slippage. I recommend that the buffer be 8 foot workspace (the length of 2 plywood sheets) adjacent to the foundation. This allows for are 8 foot work space on top of the root buffer. Protective fencing must be in contact with root buffer on the side opposite the foundation. This buffer is sufficient for workers on foot using hand carried tools and wheelbarrows. This buffer must cover the entire east side ofthe new residence betweem the footing and the protective fencing. No wheeled motorized egaipnuent >aaay be aced on bare soil in this area. This root buffer must be installed in conjunction with the protective fencing and must remain is place until all construction is completed and given final approval. At the time for the construction of the drain adjacent to the foundation and the addition of the fill soil adjacent to the foundation, a four foot section ofthe root buffer nearest the foundation may be removed, but the remainder of the buffer must remain until given final approval. 4. It appears that tree #30 must be pruned to accommodate the new driveway. Any pruning must be done by an ISA certified arborist and according to ISA Western Chapter Standards, 1999. 5. There must be no grading, trenching, or surface scraping beneath the driplines of retained trees, (either before or after the construction period fencing is installed or removed). Where this may conflict with drainage or other requirements our ofFice must be consulted. 6. Supplemental irrigation must be provided to the trees adjacent to trees # 1, 2, 4, 5, 6, 7, 2$, 29, 30, 33, and 34, doting the dry months (any month receiving less than I ' Coarse Wood Chips PREPARED BY: MICHAEL L BENCH, CONSULTING ARBORIST REVISED 3AN(IARY 3, 2002 fl(l()O~n FROM Pans sor i c ~ FAX SYSTB~1 PHONE hip, : 408 3531238 Jan. 07 2002 10 : 00PM P8 'TREE SURVEY AND PRE9ERYATtON RECOMMF.NDATIUH3 AT THE BARKA'IVLLAH PROPER'!Y 6 20520 VERDE VISTA LANE inch of rainfall) until the project is given a final inspection. Irrigate with 10 gallons for each inch of trunk diameter every two weeks throughout the construction period. 'T'his can be achieved by the use of a simple soaker hose for each tree. 7. The total area inside the canopy driplines of trees #28, 29, and 30 must be mulched with 3 inches of coarse wood chips. $. Excavated soil may not be pied or dumped (even temporattTy) under the canopies of trees. Soil excavated for the basement nmust be exported from this site as it is excavated. 9. Landscape pathways and atlter amenities that are constructed under the canopies of trees must be constructed con~letely on-grade without excavation 10. Landscape irrigation trenches, which cross a root zone, sad/or excavations fior any other landscape features must be no closer to a trunk than 1 S times the trunk diameter from tree trunks. However, radial trenches maybe made if the trenches reach no closer than 5 times the trunk diameter to any fret's tnu~ sail if the spokes of such a design are no closer than IO Beet apart at the perimeter of the canopy. 1 l . Sprinkler irrigation must be designed so that it does not str1lce the trunks of trees. Olily drip or soaker hose irrigation is allowed beneath the canopies of oak trees. 12. Lawn or other plants that require &equem irrrigation must be limited to a maximum of 20% of the entire root zone and a mixiimum distance of seven times the trunk diameter from the trunk of oak trees. I3. Bender board or similar edgii>g Inaterisl must not be used beneath the canopies of existing trees, because its installation requires trenching of 46 inches, which may result in significant root damage. 14. 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 94b12. 15. 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. 16. Materials or equipment must not be stored, stockpiled, dumped under the driplines of trees, or buried on site. Any excess materials (inchlding 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, 1992. PREPARED SY: MICHAEL L_ BENCH, CONSULTING ARBORIST REVISED JANUARY 3, 2002 nnn~2-t FROM Panasonic FAX SYSTH'1 PHOh~ N0. 408 3531238 Jan. 07 2002 10:00PM P9 'FREE 5~312VEY AAfI) P°RE3ERVA'f 40N RECOMMENDATIONS AT THE BARKATVLLAH P[tOPERTY '] 20520 VERDE VISTA LANE _ - Trees in conflict with proposed oanstruction or trees wouk3 be too severely damaged to e~cpect their survival have the following values; Tree #3 $247 Tree #47 ~ $289 Tree #27 $17,360 Tree #32 $2,205 Tree #44 $1,454 Total $21,555 It is likely that additional trees will be lost as a result of the grading, drainage, and utility plans. Therefore, this total may increase. An equivalent value is four 48 inch boxed and ane 36 inch native specimens. An alternative equivalern is sixteen 36 inch boxed and one 24 inch box native specimens. There are other equivalent alternatives. Replacements are suggested. However, it may not be practical to replace this value loss with sixteen 36 inch boxed replacement trees on parcel 1. For this reason, large replaceme~s are recozrlmended. In my opinion, the replacement of five large trees on this site is fieasible. Bear in mind that 36-iach boxed or larger 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 b0 days of the issuance of permits. Acceptable native tree replacements are: Coast live oak - Quercus agrifolia Valley oak - Quercus lobata Big leafmaple - Acer macrophyllum California buckeye -Aesculus calrfrnnica Coast Redwood -Sequoia sempervirens I recommend a combination bond equal to 50% the value of trees #6, 7, 26, 30, 33, 37, and ~42 combined with a bond of 25% of the value of all of tl~e other retained trees. Respectfully submittied, Michael L. Benc`. h, ~ssoc . .fir.: '-• ~.s..t..4~. ~.4'~~ Barrie D. Coate, Principal Enclosures: Glossary of Terms PREPARED BY: MICHAEL L. BENCI~I, CONSULTING ARBORIST Ri;'VI3ED JANUARY 3, 2002 ~0®02~ FROM Panasonic FAX SYSTEM PHOh~ N0. 408 3531238 Jan. 07 2002 10:01PM P10 'FREE 3t3R1rEY A?iD PRESERVATION RECOMMENDA'fYONS AT THE B/kRKATULLAH PItOPLi~RY x0520 VERDE VISTA LANE Tree Data Accumulation Charts Tree Protection Before, During and After Construction Protective Fencing Radial Trenching Beneath Tree Canopies Platform Suffer (photo) Wood Chips (photo) Maps MLB/sl • • PREPARED SY: MICHAEL L. BENCH, CONSULTING ARBORIST REVISED JANUARY 3, 2002 8 oooo~~ FROM Panasonic FAX SYSTa'1 PHOhE fem. 408 351238 Jan. ii 2002 11:O9PM P2 _. - $ ofi x x ~F ~-_ • ~ ~ ~ r ~~ s~.. ~ 3 1 I S ~_~ ~.~ ~~ :u~~~ $ m ~ ~ ~ 3 K' ~- ~ , ~; ? ~ F a ~ ~$ ~ ~• n ~ ~ ~ . r ~A o ~ ~~~ C ~ 10'1 • .._, w•--rte --r.-J ~-- r O a L_~_._ _~ ~ ~~ i ~ 1 ~ ~ f ~ / ~ g~ ~ i i. i ~ /' t ~ ~ ' ~~ ~.., ~- ,. i ~ .., ---.. .____.__..~_--- ....._ .. c. .,.__._... ~ Lam.. ...~.. _~.. _~~_._. ..__ . ,, 000024. 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A < ~ a < ~ N << 8 N < @ a < ~ ~ < ~ ~ < ~ c RECOMMEND REMOYAt O V O m O m O r O O O RJ9IDVAL PRIORITY h`~ ~~ H A W A ~~ O ^ra R ID O G/1 O C .~ a fD C w tp al r `~ N O C' 0 I-+ ~o i~ filtiA~/'N x oog~r x x x ~ ~ r r v n -~+w~°t~ Q ~ o IJ O~ ~ 7d 0 o m ~ x x ¢ C u o V N ~.+ !"" pp N O N G [t1 O ~ d A w T V n m rn w 11 ~ m m v a a g ez c ~ ~ - - ~ 1 a _ qd _ a ~ ~ S ~ s ~ o s ° ~ o ~ s ~ o 'D s ~ 3 C ~+ ~g ~fN ~~ " ' n ~ 17 5 H 1 ~~ ~c ~ ~ a o ~€ ~~ i/~ ~ S ~ a S ~ S 3 to S l TI !~ m m ~ !~ ~;, W w ~+ ' ? ~ !~ OBH ~ 4-117' abaa grade w o W o w o w o w o $ o w o x x MULTISYSTEM x x x x x x x ~' DBH ~ ; N V N V N V O N V N V N V N V O f ~ ~ ~ '^ J DBH u ~ S S 3 S S 3 ° 3 m u w w n N o u a n is u ~- u ro ^ m DIAMETER ®T FEET a ~ tan « o w N ~ ~' ~ N ~ c HEIGHT W V W W w A W o N N O w to 01 o N O a N ~ ~ N N N (~ a N O $ N a N SPREAD N W N N N N HEALTH (1S) X to N X to W x w x a a X to N x p w X N STRUCTURE (1S) t1 4. a a 4. ~ a Q. ~ a Lt a m 0. g a Q. ~ to Q a a CONDITION RATING (2-10) n o ~ ~ ~ ~ ~ ~ ~ HAZARD RATING (3-q) n ^ n n u n ^ CROWN CLEANING t0 N m M ~ + M CROWN THINNING Q a) O V V A N N N W 01 lP ~ CROWN RESTORATION 3 CROWN RAISING x 8 x ~ x g x ~ x ~ x g x ~ REMOVE END•WEIGHT i n n ~ n a n n CABLES NEEDEDf y; ~ ~ ~~,, ~ ~ ~ PRUNING PRIORITY (1S) a u u a u n a INSECTS (1-6) «. « N N w ~" '" TREE CROWN DISEASE (1-S) ~ N N ~ $ ~ a DEAD WOOD (1-5) S TRUNK DECAY(1S) x_ A x_ 8 x_ A x ~ x_ 8 x_ A x 8 ROOT COLLAR COVERED (1S) 9 ~ ~ ~ 4 ROOT COLLAR DISEASE (1S) ^ n u u u a n NEEDS WATER (1-5) "' ~ "' ~ " ~ "' "' ~ "' ~ `" NEEDS FERTILIZER e $' ~ m ~ ~ ~ ni S ~ ~ ~ o RECOMMEND REYOAIAL 3 e w o o o "~ W o to o a REMOVAL PRIORITY (1~ f~D w (~ b A v O ^~^ 1.w A ~JJ ~~l O C wM W C F~~ m rt w r fD s~ (rt w O ~ r~nnl~~o V IP N t7~ ~ ~xg~~ ...~•n u j~~~3 ?4W0 l?f Ns O~ ~n k X ~ ..~< h h ~ r V ~+ N O W C S O ~ • r a !K u ~ n p ~' IP 0 ~. y O V ~ N ~ - iNi1 ~ `~ >! n $ ~ a ~ s 4 ~ ~ ~ a e o $ 0 0 o s 'o ~ w v ~ ~ ~~ ~~ o ~ ~^ T o w S 7 3 3' S 3 ~ ~ V ~w.+ OD a W N A W (J ryas A v A D9H Q 4-}/2~ abOVe QfalflQ dp O A O VI O O W O ~1 O V O x x x MULTISYSTEM x N O x N x N x N W x N x N x N OBH ; N V p N V N V N V O N V N V N V g ~ _ « • DBH 3 o ~ S S S > > s x ~- + Y a o tl N a 11 N m x a x N m tl ~ DIAMETER ~2 FEET 7 ao "' w o „' w o m o '" ~ 0 N ul a o N w a a N a o a N a w m HEIGHT v N $ ~ Ao N c $V o ~ aN+ g u m c SPREAD N + HEALTH (7S) x w x x x a a a a a m w STRUCTURE(15) a sz ~ w ~ ~, N g ., o. Q . tJl Q ~ vn ;z ~ A CONDITION RATNVG (2-10) m m a m o ~ o q ~ Q ~ HAZARD RATING (3-B) ak n n n x x x x CROWN CLEANING OI ' N ~ V ~ N N ~ ~ N w CROWN THINNING ~ ~ m o a N CROWN RESTORATION e CROWN RAISING v x Q a x ~ x. QQ a x QQ a x QQ a x ~ x QQ a REMOVE END•WEIGHT a = i a _ CABLES NEEOEOi V ~ $ ~ $ o ~ o ~ $ ~ v ~ PRUNING PRIORITY (7~) ~ o u x x n u n INSECTS (15) « N N N M « « TREE CROWN OISEASE (1 5) N N a V + N + N m ~ a ~ v w DEAD WOOD (9~6) • TRUNK OECAY(1.3) 'o x ~ x ~ x s P X ~ x ~ x ~ x ~ ROOT COLLAR COVERED (7~5) ~ ~ ~ ~ ~ ~ R007 COLLAR DISEASE (1-6) I n a u x n u u NEEDS WATER (1~6) ~ " ~ Q N ~ N ~ w g N NEEDS FERTILIZER w ! ~ O ! iC ~ a < ~ fn'' < ~ N V C ~ Y.i G ~ N of < ~ ~ < ~ '1 RECOMMEND REMOVAL o o ~ s ~' s m o `I s °° o °° s REMOVAL vRtoRlrY t7~) s~ ~nn~`.r~.<< V ~ N ~ ~ Q Q Q N ' ~ ~ r QXXX X Yet 8 t ~ p ~ nn ~ y ~ a }S5 O ~~ 0 B ~ e ~ ~ S~`rNC O N C ~ O ~ ~+ n to ~-1 m ~ A ~ cn O V H tl~ A i0 N + O m ~ ~ 9 3 ~ ~' n -~ ~ r n ~ ~ ~ (~ $ ~ r ~ ~ ~ ~ < p ~ 0 0 ~ G ~ ~ ~ ' ~ x H 1'17 ~ ~ y~. ^ v Z ~ ~, Q ~ g ~ T ~ 7 ~ 7 7 7 ~ ~ ~ (~ ~ ~ ° ~ Nq a Np~ OBH Q, 4-1/2' ebDVe grade ~ O O V O O O V O Of O A O MULTI~YSTEM x x N x X N x X x « DBH ~ N V V N V V N V- N V w i V a r _ ` _ D8H S a S S 3 S 3 . . . . . . . p p " ~, p m p N w p a o p a N n jp DIAMETER Q~2 FEET « + $ « ~ « o « $' N o ~ o `p c HEIGHT w a O m V w to N°1 ow s c ~ a ~ ~i m N N oa ~ ~ SPREAD a N N N a HEALTH (1S) x a x w x a N x w x a x N x ~ STRUCTURE(1S) ~ Q ~ m w s2. a a ~ sZ ~, m w Q ~ w Q. ~ w Q ~ a Q ~ a CONDITION RATING (2-10) a ~ ` ~ ~ ~ ~ ~ ~ ~ HAZARD RATING (3-9) ~ , p u n n p a a ~ CROWN CLEANING « b H iv W Ol N a W o O CROWN THINNING N 01 W W IJ N O N CROWN RESTORATION e CROWN RAISING Q ' x x ~ x x n n x ~ x Q 3 x g REMOVE END-WEIGHT o z a ~. n a n CABLES NEEDED • « ~ ~ ~ ~ ~ ~ ~ PRUNING PRIORITY (1~) p u p u n u n INSECTS (1.6) « « « N « N « -+ « N ~" w TREE CROWN DISEASE (1Sj ~ e ~ m N m o DEAD WOOD (7~) w TRUNK DECAY(1-5) x R x A x ~ x ~ _X R x 8 _x A ROOT COLLAR COVERED (7.6) 3 ROOT COLLAR DISEASE (1-5) u p n u u n n NEEDS WATER (1-5) « ~ « @ « @ « ~ « ~ « g « NEEDS FERTILIZER N a v m @ N ~ N ~ ~ ~ ~ _' ~ ~' N ~ ~i RECOMMEND REMOVAL O O O O O 4 i O RlE~1/AL PWORITY 113) ~~ ~+ ~! 0 b 0 C t3+ A aD ~J O C N M a W r » `~ A ..., rt W ~ O nnnn-, .-. 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A b A a~ C Q. A ~JJ ~~ 1 O C A ~t ~1. rt r fD `~1 T s ,~ ~„~„~.~ BARRIE D. COATS A€JD ASSOCIATES ' Horticultural Consultatrts 0408) 353-1052 Fax (SOS) 353-1238 23535 Summit R~. Los Gags, CA 55033 GLOSSARY Co~ominant (stems, brunches) equal in siu and relative importance, usually associated with either the trunks or stems, or scaffold limbs (branches) in the crown. Crown -The portion of a tree above the trunk including the brands and foliage. Caltivar - A named plant selection from which identical or nearly identical plants can be. produced, usually by vegetative propagation or cloning. Recurrent - A term used to describe a mature tree crown composed of branches lacking a central leader resulting in around-headed tree. Eacurn~nt - A term used to describe a tnx crown in which a strong central leader is present to the top of a tree with lateral branches that progressively decrease in length upward from the base. Girdling root - A root that partially or er~tinely encircles the trunk and/or large buttress roots, which could restrict growth and downward movement of photosyndmtes. Induded bark -Bark which is entrapped innarrow-angled attachme~rts of two or more stems, branches, or a stem and branch(es). Such attachments are weakly attached and subject to splitting out. IGnked root - A taproot or a major root(s) which is sharply bent and can cause plant instability and reduction of movemem of water, nutriems, and photosynthates. Root collar -The flared, lower portion of the base of a tree where the roots and stem merge. Also referred to as the "root crown". Leader -The main stem or trunk that forms the apex of the tree. Stem -The axis (trunk of a central leader tree) of a plant on which branches are attached. Temporary branches - A small branch on the trunk or between scaffold branches retained to shade, nourish, and protect the trunk of small young trees. These branches are kept small and gradually removed as the trunk develops. Definition of Woody Parts Trunk -The main stem of a tree betwcen the ground and tfie lowest scaffold branch. Scaffold brunches - in decurrent trees, the branches that form the main structure of the crown. Limb - A major structural pelt Branch - A smaller part, attached to a limb or scaffold branch. Branchlet - A small part, attached to a branch. Twig -Avery small part attached to a branchlet. Leaf-The main photosynthetic organ of most plants. nnnn~:~ ~ z ~` ~$ - - BARRIE _D. _COAT - ._ Fax: (4 08 . 23535 Summit- Rd: = ..t 38 ~ ey ~sCA9 .:,~pr~ ~~ ~ _ - _ ~~Y TREE PROTECITON BEFORE, DURING AND:AhTER CONSTRIICTION - : _ T6ese~ are `general recommendationb . - _ ..: '- - ~._ _ And may be superseded by site-spec instructions - -. :_ - BEFORE _ ._ .. _ ._ t ,_ _ - ,_, =- ~- - Plan location of trenching to avoid-all possible cuts~beneath-tree canopies: 'Ibis includes trenches for utilities, irrigation lines, cable TV and roof drains .>_, - . _.-. - :: ,- Plan construction period fencelocations which will prevent equipment travel or material storage beneath tree canopies. ` ~ ~~ -' ~ ~ _ Install fences before any ca®struction related ~equrpment ~ allowed on site. 'Ibis includes pickup trucks. _.:~ -- .~ .;- - Inform subcontractors in wrrtuig-that they must read this document. Require-return of signed copies to demonstrate that they hav~read the document. ~ ~ - Prune any tree parts, which conflict with construc~on Between August and January. Except for pines which may be pruned betwe~ October-January. Only an ISA certiSed arborist, using ISA pruning instructions may lie used for his work._If limbs are m conflict with the =. construction equipment before the certified arborist is on-site, cazpenters may cut off offending parts of 6" diameter or less, leasing an 18" long stub, which should be recut later by the arborist. _ - - - ..:~, Under no circumstances may any party remove more than 30% of a trees-foliage, or prune so that an unbalanced canopy is created. 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REPI~GUGT:ON oR R;BLICATIGN 9T ANY I".ET.HOD, IN ~L410iE 2020 '~/ERDE V I ST.4 L?1NE ~ (Z~ I ~ I T ~ f @ I ~ I ~ OR M PeFiT. i5 PR01+IB~TED. 'i1E TO iF¢ R4N5 MiD SPEC~FICATIONb P ' g I I+ .'01 Suamea-$wn~vale Rd. Sui[~ D ~r+41N9 WtN ME~hnWE n990.. 1NG. wl:.:dJT PREJUDGE. vr9u.1L j m p~ ~ ~ ~ _e snraroga, i.4 ~50?0 coNTACT y;Tw nlesE w_ANS ANO sPec.~!canoNa s~a~~ coNSn:~Te SfkR~TOGA, G,4LIFORNIt~ ' ~ ~~ I m i tcl: (~1~8i 9?61T;.3 iaa: (408)?9~1-4? P41MA FACIE ENDENGE CF T~:E 4COEPTANOE CP TbIE t~STRICi IONS- ~ ~ ~ ~ 9 ~ I hrm~~ruuw mcn~ane:nm ~ I_ ~ ~ • ~- - - ._ , t- _ _._ 0 z d r r z I i ba i I ---+ I _J "~ ~~ 1 ~ I ! I~~ .`i II iw ~ I~ I _`~~ ~ ~ ~~~ K I! I i i-I-` 1 :: ii III ~ I /l' i~i ~'! , is ''I ~b ~ I(j I D ~1 I>a i j ~i ~ ;~ IW ~ ~ i ~_ I lei I '~-! -- - !~ ~ i i I - i - > C7 T ~ I tJ I ~ I ~ ~ ~ i D I ' ~ i ~ ~ i ~ ~ MEd~1RfEASSOC. I.VC. ~, Burldut Desi & Plannin- 8 ~ I ~ i ~ I :..01 San oga-S~nyl~ale Ad Sun D 5p,p J ' TuE .:OE 6 TuEB? 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MR. ~ MRS. .~i>OtRIGATULLr~i-I I 1 ! ~ j m - _ Building Design & Planning ' p I , :' 2 S S S l Rd i D ~ ~-SSE. REPrmDUCrGN DR POBLICATIGN Br ANr rIETNOD. IN UAIOLE CR IN PdRT, ~.5 PRGt~IBITED. TITLE 'O'NE ?LdNb MD 6PECIFICATIONS 20520 ~/ERDE V I ST.~ L.4N5 i [ ~ I ~ I I m d . 01 anwga- uonyti a c . u [e I 1 ~ 9 5.1[ato4a.l~A 95010 ; 1 D ! I ' = ' REMAINS LL3TN !gFIdR!E .G590G_ ENG. U!TFIg1T P:NE.VD[GE. V19114. CGNTAGT W'"!iH tIESE PLANS dND SPEG!F!C4T!pN8 SNdLL GGNSTITUTE ' ' SP~R,4T OGf~, G/4LI>=ORNIA I j 1 , 1 ' ' o ` 1 el: (.t03199F-1711 / :u: (10&1996-17a_ 9 I ~ NE RES?R!GTICNS. F@le-!A FACIE ENDENGE !F THE AGG cF?4VCE OF , ~ 1 i I ® I http:%~www.merturie.com j • ~ ~ - ~ t __ f ~ ::.. I ~~i 1 -_ O +, ^J m~ 1 11 p ~1 rn { 0 I~ ~p Iy I I N I ! i ! I I T i l! I _'- -_-____ _ ~ I! i l t! i l'--- n ~u~_:1~~,~~>J ~ _ ~, _-- - , E -- i --= -- 1 f,i~~i ,1~ -J l~ t ,_ _~. 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IR - -- -- -- -- -- - ~ -- -- -- - z 4 ° `~ ~ Q ~ ~ a ~~~~ o ° ~~ ITEM 2 C~B~~ 04 BOO C~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 Incorporated October 22, 1956 MEMORANDUM TO: Planning Commission FROM: Christy Oosterhous, Associate Planner DATE: January 23, 2002 SUBJECT: Exterior Lighting for Residential Subdivision -Harvest Lane COUNCIL h1Eh4BERS: Evan.Baker Stan Bogosian John Mehafley Nick Streit Ann Waltonsmith The applicant requests Planning Commission approval for existing exterior lighting at the residential portion of the Azule Crossing development located at Harvest Lane. The light fixtures are identical to that which was previously reviewed by the Commission for the commercial portion of the development. The fixtures have downward street side reflectors and house side reflectors. The globes are mounted at a height of 12 feet. Five globes with black poles are located throughout the residential development. Staff suggests one light fixture (#51412) be removed because a light fixture will be installed in close proximity to this fixture pursuant to a previously approved lighting plan for the adjacent commercial development. Due to vandalism at the site, staff granted authorization for temporary illumination of the existing light fixtures until the fixtures could be reviewed by the Planning Commission. Staff recommends the Planning Commission approve the existing lighting plan with the condition that light fixture #51412 shall be removed. ATTACHMENTS: 1. Plans, Exhibit "A",date stamped and received by the Community Development Department on January 2, 2002. 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HORIZONTAL FOOTCANDLES SCALE: 1 INCH = 20 FT LIC3HT LOSS FACTOR = .6 TOTAL LUAAENS = 950Q MOUNTING HEIGHT = 13.5 FT ARM LENGTH = 0 fT MAXIMUM CaLCULATE© VALUE = 1,1 E i C7 ITEM 3 REPORT TO THE PLANNING COMMISSION Application No./Location: DR-O1-023,14221 Sazatoga-Sunnyvale Road -Lot 1 Applicant/Owner: Larry Schuck /I Staff Planner: Ann Welsh, AICP, Assistant Planner ~,~ Date: January 15, 2002 APN: 503-23-016 Department Hea i' ~~ ,~ ~~ v~ ~. -~ ~ ~. .,, \ 14221 Saratoga -Sunnyvale Road - Lot 1 000001 EXECUTIVE SUMMARY CASE HISTORY Application filed: 06/05/01 Application complete: 12/28/01 Notice published: U9/02 Mailing completed: U9/02 Posting completed: U4/02 PROJECT DESCRIPTION The applicant proposes to construct a 4,206 square foot, single-story residence on a newly created parcel, which was a portion of the grounds of the B. Grant Taylor House, which is listed on the Survey of Historic Resources. The maximum height of the residence is proposed to be 18 feet. The site, locatedwithin an R-1-15,000 zoning district, contains 18,569gross / 18,309 net square feet. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR - Ol - 023 ATTACHMENTS 1. Draft Resolution DR-O1-023 2. Arborist Report dated June 15, 2001 3. Plans, Exhibit °A' s C ~J 000002 File No. DR-01-023.• 14221 Saratoga-Sunnyvale Road, Lotl . STAFF ANALYSIS ZONING: R-1-15, 000 GENERAL PIAN DESIGNATION: M-15 -Medium Density Single Family Residential MEASURE G: Not applicable PARCEL SIZE: 18, 569 square feet (gross), 18, 309 square feet (net) AVERAGE SITE SLOPE: Average Slope of Lot 4 is 9.9%. Slope at Building Site 5.0 GRADING REQvIRED: A grading permit is required since the proposed grading on the site will have a significant impact on the root system of the existing trees. The proposed construction would involve a total of 767 cubic yards of cut with a maximum fill of 0 cubic yards according to the submitted site plan. The building requires 263 cubic yards of cut. The basement requires 415 cubic yards of cut. The garage requires 35 cubic yards of cut. The driveway requires 54 cubic yards of cut. The maximum depth of cut is indicated as 125 feet and the maximum depth of fill is 0 feet. This maximum depth of cut appears to be an error. This should be corrected on the grading plan. ENVIRONMENTAL DETERMINATION: The proposed project consisting of construction of anew single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of constructing one single-family residence and associated out buildings. MATERIALS AND COLORS PROPOSED: The exterior finish proposed is gray/tan cobblestone veneer at the base with brown wood shake wall siding; proposed window trim is off-white. Class "A" multi-colored, high definition asphalt shingle roofing material is proposed. • C:~Documents and Scttings~awelshVvty Uocumencs~Schuck - Lot Ldac nnnn~.~ File No. DR-01-023.• 14221 Saratoga-SunnyvaleRoac~ Lotl R-1-15,000 Proposal Lot Coverage: 34% Building Footprint 4,206 sq. ft. Porches, Driveway, Walkways 2,100 sq. ft. TOTAL (Impervious Surface) 6, 406sq. ft. Floor Area: First Floor 3,490 sq. ft. Garage 716 sq. ft. (Basement) (994 sq. ft.) TOTAL 4,206sq. ft. Setbacks: Height: Front Rear North Side South Side One story residence with attached garage Code Re uirements q Maximum Allowable 50% 9,154 sq. ft. Maximum Allowable 4,362 sq. ft: Minimum Requirement 54 ft. 6 in. 43 ft. 6 in. 54 ft. 6 in. 54 ft. 6 in. 12 ft. 12 ft. 15 ft. 15 ft. I Maximum Allowable 18 ft. 26 ft. •I c~«~~~~as~~9~~v~Yna~~~,~-~~~~ ooaoo~ File No. DR-01-023.• 14221 Saratoga-SunnyvaleRoa~ Lotl PROJECT DISCUSSION Design Review This application for Design Review involves construction_on Lot 1 of the recent Schuck subdivision located at 14221 Sazatoga-Sunnyvale Road. This corner lot, accessed from Saratoga-Sunnyvale Road by a yet unnamed cul-de-sac, contains 18,569 square feet. The proposed -one story dwelling and attached garage contains 4,206 squaze feet above ground and a 994 square foot basement. The maximum height of the house is 18 feet. The site is located in the R-1-15,000 zoning district. The "L" shaped house is located on a portion of what was the B. Grant Taylor House parcel. The proposed house style is compatible with its historic surroundings. The single story structure contains a low pitched cross gabled roof with wide unenclosed eve overhang. The house is similar in character to the restored, historic Craftsman-style home that is located within the subdivision. The existing historic house is located on Lot 2, which abuts this parcel to the west. The three new homes that are proposed in the Schuck subdivision are of the same Craftsman-style azchitecture and thus reflect the existing character of the area. The home has frontage on both Saratoga-Sunnyvale Road and the newly created cul-de-sac. Since the structure is only IS feet in height and is setback 54 feet from Saratoga-Sunnyvale Road behind a six foot high fence that is proposed along the arterial frontage, the home should blend into the existing streetscape. The chazacter of the surrounding neighborhood is eclectic in terms of style with the predominant styles of home being ranch and bungalow. The streetscape to the east across Sazatoga- Sunnyvale Road is wooded with homes below street grade and not visible from the road Thus the "sense of history" is reinforced by the design of the proposed house since it is similar in style to the existing historic home while also complementing the surrounding neighborhood by maintaining a scale that does not overwhelm neighboring homes. Necessary Findings The Zoning Ordinance, Section 15-45.080 identifies the following findings as necessary for granting Design Review approval: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and . (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minim~ing tree and soil removal; grade changes will be minimised and will be in keeping with the general appeazance of neighboring developed areas and undeveloped azeas. (c) Min;mi7e perception of excessive bulk. The proposed main or accessory structure, 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 environment. C:~Documrnts and Settings~aweLshVvty DocumentslSchuck -Lot Ldoc OoO~O~ File No. DR-01-023.• 14221 Saratoga-SunnyvaleRoaal; Lotl (d) Compatible bulk and height. The proposed main or accessory structure 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 (iii) unreasonably impair the light and air of adjacent properties and their ability to utilize solar energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. (f) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook. Actz~al Findings The following findings have been made regarding the proposed new construction. (a) Avoid unreasonable interference with views andprivary. The height, elevations andplacement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interferencewithviews andprivary. Views to adjacent homes are generally oriented to maintain privacy. Lot 1 abuts Sazatoga- Sunnyvale Road and privacy of the front and rear yards is maintained by the six foot high redwood fence proposed along the streetscape, side and the reaz property line. The south side of the house abuts the new access road and is approximately 15 feet higher than Lot 4 and this difference in elevation creates an effective privacy buffer for the south side of Lot 1. The only area of potential conflict is the impact on the neighbor to the north of Lot 1. This home is setback only 6 feet 10 inches from the property line. There may be a privacy conflict where the neighbor's kitchen window looks out on the Lot 1 bathroom and bedroom windows. Window treatment such as opaque window, which will assure privacy in this area is recommended. Also maintaining tree # 6 in this area will help to ensure privacy. The rear terrace encroaches about 12 feet into the rear setback line. This nonconformity could be eliminated by locating the house at the minimum front yard setback line. Noise emanating from the attached garage will have little impact on ad}acent dwellings. The Lot 1 garage is located at the front of the lot adjacent Saratoga-Sunnyvale Road. The north side neighbor's garage is approximately parallel to the Lot 1 garage so the placement does not appear to be a conflict. (b) Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. Natural topography is retained in this development since only m;n;mal grade changes aze proposed The lot slopes down towazdSaratnga-Sunnyvale Road with a 9.9% average slope C:~Docummts and Settings~awelshVvty Documcnts~Schuck -Lot Ldoc ~~ll~ll~ File No. DR-01-023.• 142?1 Saratoga-SunnyvaleRoa~ Lotl • ~~ U across the property and a 5% slope at the building site. The only significant grading involves excavating for the 994 square foot basement. Since the proposed grading will involve disturbing the root system of the surroundi~trees a grading plan is recommended for this lot. The grading plan should depict regrading outside of the drip line of the existing trees. The proposed design exposes 21 trees to some level of construction, six of these trees are to be removed because they lie in the footprint of the structure. Replacement trees equal to the value of these trees is recommended (c) Minimizeperception ofexcessive bulb. The proposed main or accessory structure in relation to structures on adjacent lots and to the surrounding region, will minimize the perception of excessive bulh and will be integrated into the environment The design uses materials and color to reduce the perception of bulk. The design calls for cobble stone veneer at the foundation wall,~column plinths and chimneys. Wood is used on the window trim and casing, porch rail, tapered square porch columns, the trellised porch and rafters. The cedar shake shingle facade treatment adds texture to the elevation. Brick porch and steps define the entryway. Craftsman style windows with smaller panes in the upper sash and a single pane in the lower sash reinforce the horizontal proportions of the house. The design uses architectural features to breakup massing. The roof is cross-gabled which reduces the mass of the roof line. The front facade of the house projects forward in an "L" shape which creates a sense of enclosure at the entrance while minimizing the mass of the house. The main entrance is recessed within a small porch served by curved stairs which lead to the porch entry. The covered, recessed porch with simple single front door is low profile in design and proportion. (d) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of buIh 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 (iii) unreasonably impair the light and air of adjacentproperties to utilize solar energy. The proposed single-story house is compatible with the surroundings, reflecting the restored, historic Craftsman-style home that is located within the subdivision. The existing historic house has been relocated on adjacent, Lot 2 of the subdivision. All three new homes that are proposed in the subdivision are of the same Craftsman-style architecture and thus reflect the existing character of the area. The character of the surrounding neighborhood is eclectic in terms of style with the predominant styles of home being ranch and bungalow with a few two story homes in the neighborhood Thus the proposed house since it is similar in style to the existing historic home and single story, complements the surrounding neighborhood while maintaining a scale that does not overwhelm neighboring homes. C:~Docwncncs and scttv,gs~awelshUNy Documents~Schuclc - Lnt Ldoc File No. DR-01-023.' 14221 Saratoga-SvnnyvaleRoac~ Lotl The orientation of the house ma.~nizes the southern exposure since the reaz patio and terrace aze southwestern in orientation. Also, since the house is an 18-foot single story dwelling, the location of the house does not alter the solar access of adjacent properties. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates currentgrading and erosion control standards used by the City. The proposed design retains the natural topography since changes to the grade surrounding the house are minimal. However, a grading plan is recommended due to the significant potential impact of regrading on the existing trees. (fl Design policies and techniques. The proposed home will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook The proposed project conforms with Residential Design Handbook Policy #1, iTLnim~e the perception of bulk. Technique #1, retaining natural topography is addressed with minimal _grading. Technique #3, reduce perception of bulk is addressed with use of natural materials &t colors. Technique #6, use architectural features to break up massing, is addressed with single story "L" shaped design, with cross gabled roof line and recessed entrance. Policy #2, integrate structures with the environment, Technique #1, use of natural colors and materials is addressed through use of stone foundation material, cedar shake siding and neutral colors. Technique #4, integrate all structures on the site is addressed by combining the garage and house in a single structure. Policy #3, avoid interference with privacy, Technique #1 is addressed by the proposed fencing and retention of existing trees. Technique #3, maintain landscaping to enhance privacy is addressed by requiring streetscape planting and fencing, mi-nim~ing tree removal and requiring tree replacement. Policy #4, preserve views and access to views, Technique # 2, which calls for maximizing views while avoiding privacy conflicts, is addressed by placing fencing in areas of potential conflict. Policy #5, design for energy efficiency, Technique #1, design for maximum benefit of sun and wind is addressed since the rear patio and windows are southwest facing in orientation. Technique #3, allow light, air and solar access to adjacent homes, is addressed since the single-family house does not encroach on the solar access of neighbors. Thus the above analysis concludes that the findings required for granting design review approval can be met. The City Arborist and the Saratoga Fire District have reviewed this application. Their comments are included as conditions of approval. • C:~Documents and SettingsVwelshVNy Documents\Schuck - Lot Ldoc O AO ^ ~~ File No. DR-01-023.• 14221 Saratoga-SunnyvaleRoac~ Lotl • • • Comm uni ty De vel opm en t 1. General Plan: The General Plan designates this area as M-15 which recommends medium density single family dwellings with a density of 2.9 dwelling units acre. This house is located in Area "B": Congress Springs -Pierce Road Area of the General Plan. The proposal is consistent with the Area Plan policy of maintaining the single family chazacter of the area. Two of the applicable issues identified in Area "B" are as follows: • Improve the streetscape of Saratoga-Sunnyvale Road by means of dense plantings or sound walls • Create bike paths on both sides of Saratoga- Sunnyvale Road. The subdivision plan for this lot indicates landscaping, fencing and a trail along Saratoga Sunnyvale Road which is consistent with the General Plan policy of improving the Saratoga -Sunnyvale Road streetscape. 2. Maintenance Agreement: This home is part of a four-lot subdivision which received approval subject to conditions outlined in resolution number SD-00-003. The conditions of approval refer to Exhibit "A" which contains a landscape plan depicting a Sazatoga- Sunnyvale Road streetscape with trail, fencing and landscaping. Exhibit "A" also depicts Parcel "A" which is private open space with an access trail, and a private road. Since each property owner within the subdivision will have an interest in the maintenance of these elements of the plan, the issue of joint maintenance of the common property should be addressed by development of a Maintenance Agreement, which assigns responsibilities regarding maintenance of these common elements. Final Building Department approval shall not be granted until the common property elements of Lot 1 are in place and accepted by the building department and a plan for continued maintenance of the common elements is in place and accepted by the building department. 3. Landscape Plan: The application was submitted without benefit of a conceptual landscape plan. The submittal date for these plans predates the staff policy change whereby all design review applications require conceptual landscape plans. The applicant was asked to submit conceptual landscape plans but declined and requested that these plans be submitted after design review approval. In addition, the resolution granting subdivision approval was conditioned upon receipt of a landscape plan showing the location of 16 - 36 inch boxed native replacement trees. The landscape plan and the tree planting plan should be furnished and the location of the replacement trees with respect to Lot 1 should be identified prior to final zoning clearance. 4. Fireplaces: The plans show one wood burning fireplace in the living room and one gas fired log fireplaces in the family room. ' C:~Documents and Settings~awekh~ivty Documents~Schuck -Lot Ldoc 000009 File No. DR-01-023.• 14221 Saratoga-SunnyvaleRoac~ Lott 5. Grading and Drainage Plan: The plans indicate that total cubic yards of cut would be 767 to a maximum depth of 125 feet. The 125 foot amount given for maximum cut should be clarified It appears that some cut is needed to build the basement but this amount must be incorrect. Although the plans indicate that no fill is proposed, the grading needed to build the house and construct. the driveway suggests the need for a grading plan. The grading plan should address the issues identified in the Arborist's report specifically to avoid regrading within the drip line of existing trees. 6. Pazcel Number: The plans should be revised to provide the correct assessors parcel number for the lot, which is 503-23-016. 7. Front Yard Setback: The plans should be revised to provide the correct front yazd setback requirement, which is 43 feet 6 inches. 8. Nonconforming Reaz Yazd Setback: The proposed reaz terrace projects about 12 feet into the required reaz Yazd. The Zoning Ordinance allows porches to project four feet into the rear yard if not more than four feet above finished grade. The rear terrace could be rendered conforming if the house were located forward to the minimum front yard setback line. 9. Cut and Fill: The plans should be revised to correct the maximum amount of cut that is indicated on sheet A0. 10. Li ht Well: The lans de ict the li ht well alon the northern side of the roe g P P g g P P rtY within the side yard setback. The city design policy has been to prohibit light wells within this area. Light wells must meet all setback requirements for the structure. 11. Building Height -The plans provide a building height of 18 feet however it is not clear that these heights aze measured from the highest point of the structure to the immediately adjacent natural grade not created by fill. This dimension should be pro~~ided via cut away profile of the structure's highest points. The profiles shown on .sheet A7 particularly sections "A" and "B" do not. appear to depict the height of the structure to the highest point on the roof line. 12. Privacy Issues: The plans depict two cantilevered box windows projecting from the bedrooms and a bathroom window facing the box kitchen window of the- adjacent neighbor to the north. Privacy of the abutting neighbors should be considered in the treatment and screening of these windows. Fire Protection District The Saratoga Fire District reviewed this application on June 18, 2001 and their requirements aze included as conditions of approval: 1. Roof covering shall be fire retazdant, Uniform Building Code Class A prepared or built up roofing. G:~Documents and Scttings~awclsh~iv[y Documents~5chuck -Lot Ldoc O ~O ~ ~O File No. DR-01-OZ3.• 14111 Saratoga-Sunnyvale Road Lot 1 2. Early warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga code Article 16-60. (Alternative requirements, sprinkler systems) 3. Automatic sprinklers shall be installed in newly. constructed attached/detached garages (2 heads per stall) workshops, or storage azeas which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall have a smooth flat, horizontal ceiling. The designer is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. 4. Fire hydrants shall be located within S00 feet from the residence. The Lot 1 plans should note the location of the proposed fire hydrant. These fire hydrants should be installed and accepted prior to construction start. 5. Automatic sprinklers are required for the new dwelling. A 4 head calculated sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted to the -fire district for approval. A licensed contractor shall install the sprinkler system. 6. Driveways shall have a 14 foot minimum width plus 1 foot shoulders. 7. Curves: Driveways shall have a minimum inside radius of 21 feet. • 8. Turnouts: Construct a assin turnout 10 feet wide and 40 feet lon as re uired b the P g .g q Y fire district. The plans depict a turnout to the rear of Lot 1. ~ - 9. Turn-around: Construct a turn around at the proposed dwelling site having a 33-inch outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fire district. The plans depict aturn-around adjacent the Lot 1 access drive. 10. Parking: Provide a pazking area for two emergency vehicles at the proposed dwelling site or as required by the fire district. Pazking is depicted in a turn-out along the cul-de- sac. Geotechnical Review The subject site contains Sun soil, which is classified as an "Area of Relatively Stable Ground". The "Areas of Relatively Stable Ground" are predominately level areas with moderately steep slopes underlain with bedrock. Some areas are subject to soil creep, expansive clay rich soils and may be on fill. These soils are considered stable and usually do not require a geologic report provided that the slopes are not excessive. Since the average slope of the site is 9.9 percent, additional geotechnical review was not required. The Ciry Engineer has determined that the standazd conditions of approval aze sufficient. C:~Documrnts and Settings~awetshVvty Documents~Schuck -Lot Ldoc ~ ~~~~~ File No. DR-01-023.• 14221 Saratoga-Sunnyvale Road, Lotl • Soil and Erosion Control Plans The applicant should submit a soil and erosion control plan which identifies the techniques for minimizing the impact of disturbance on adjacent properties. CityArborist Report Lot 1 construction would potentially impact 21 trees, all but one are on the site. Tree removal permits have been granted for six trees that must be removed in order to construct the home. Three of these are in the footprint of the residence. The arborist indicated that trees 4-6, 8, 9,13,14 and 91 are either in the footprint of the house or will suffer irreparable damage during the construction process and suggests replacement trees. Tree #91 is in conflict with the proposed driveway turn-around Tree #9 would not be expected to survive due to the required loss of canopy and the trenching to remove the root system. Replacement trees equal to the value of the trees shall be Coast Live Oak, Valley Oak, Big Leaf Maple and California Buckeye. These trees have a value of $31,050. The applicant has already established a tree bond for the subdivision in the amount of $98,776. Recommendations of the arborist include the following items. 1. If trees #15, 86 and 87 will be retained, there must be no grading inside the drip lines. In this event the grading plan must be revised i 2. The portions of the retaining walls within the drip lines, of trees # 12,15, 85-87 must be constructed by a pier and on grade beam design. There must not be a footing. Fill soil behind these walls must be porous. 3. There must be no grading, trenching or surface scraping beneath the drip lines of retained trees. Where this may conflict with drainage or other requirements the City Arborist must be consulted. 4. A platform buffer adjacent to tree #6 must be place between construction of the house and the neighboring fence for root protection of tree # 6.. The Arborist's report of June 15, 2001 contains other tree preservation recommendations, which shall become conditions of approval and are included as an attachment to this staff report and will be contained in the Building Permit Plan set. 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 if developed with the recommended conditions. The residence will not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will min;,,,;7e the perception of bulk so that it is compatible with the neighborhood The . C~Aocumena and Settings~aweLshVvty Documrnts~Schuck - I nt Ldoc nr~nr~~ ~ File No. DR-01-023.• 14221 Saratoga-Sunnyvale Road, Lott I proposal if developed with conditions and revisions, will satisfy all other zoning regulations in terms of allowable Iloor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION " _ Approve the Design Review application with conditions by adopting Resolution DR-Ol- 023. • • C:~Documcnts and Settings~aweLvh~tvty Docummts~Schuck - Lot Ldoc r~nnr~~e • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • 000014 Attachment 1 RESOLUTION NO. APPLICATION NO. DR-O1-023 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Schuck;14211 Saratoga -Sunnyvale Road -Lot 1 WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval for the construction of a new 4,206 square foot residence on an 18, 309 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 e~~idence; and Whereas the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and roadway uifrastructure and involves the construction of one single family home and associated out buildings; 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: • Policy 1, Minimise the perception of bulk The lot has an average slope of 9.9 percent. The only significant grading involves excavating for the 994 square foot basement. Changes to the grade surrounding the house are minimal thus the proposed design retains the natural topography. The design uses materials and color to reduce the perception of bulk. The project proposes cobble stone veneer at the foundation wall, column plinths and chimneys. Wood is used on the window trim and casing, porch rail, tapered square supporting porch columns, The cedar shake shingle facade treatment adds texture to the elevation. Brick porch and steps define the entryway. Craftsman style windows with smaller panes in the upper sash and a single pane in the lower sash reinforce the horizontal proportions of the house. The design uses architectural features to breakup massing. The house is "L" shaped which serves to reduce the mass of the building. The roof is cross gabled which reduces the mass of the roof line. The front facade of the house is broken by the "L" shaped design, the two gables and the recessed porch entry. Fenestration along the File No. DR-01-023.• 14221 Saratoga-SuanyvaleRoac~ Lotl rear of the house includes 12 elongated door/windows with multiple panes in the upper windows and a large single pane in the lower portion of the sash. A trellised porch and patio -are served by the door/windows that open from the rear of the house. The covered, porch with simple single front door is low profile in design and proportion. • Policy 2, Integrate structures with the environment The use of stone foundation materials, cedaz shake siding and neutral colors all serve to blend the house into the natural environment. • Policy 3, Avoid interference with privacy The orientation of the house controls view to adjacent properties. Those portions of the house which contain outdoor living space are oriented towazd the reaz of the house. The privacy of the neighbor immediately north of the property is maintained since the house has no outdoor living space oriented towazd that home and a six foot high fence exists on the property line. Privacy of the restored home on lot 2 is maintained by the six foot high fence along the reaz property line. The view to the south is not affected since there is a significant drop in grade on that portion of the property. Revising plans to ensure that the terrace conforms with the rear yazd setback will ensure privacy of neighbors to the west of the parcel. The house is designed to reduce noise impacts on adjacent dwellings. The gazage is located toward the front of the property with access from the cul-de-sac. The neighbor to the north of Lot 1 is the only potential source of conflict since this adjacent t home is very close to the property line. • Policy 4, Preserve views and access to views The home is located in such a way that views are ma_Xim~ed. The extensive windows at the reaz of the house aze oriented to the open space of Pazcel "A" and the side yard of Lot 2, in this way views aze maximised. • Policy 5, Design for maximum benefit of sun and wind The orientation of the house maximizes the southern exposure since the rear terrace and windows are southwestern in orientation. The location of the house does not block the sun of any neighbors. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, azchitectural drawings, plans and other exhibits submitted in connection with this matter, the application of Larry Schuck for Design Review approval be and the same is hereby granted subject to the following conditions: C:~Documcnu and Seccings~awelshVvty nocumentvlSchuck - toc Ld« ~~®Q~Fi File No. DR-01-023.• 14221 Saratoga-Svnrryvale Road, Lot 1 COMMUNITY DEVELOPMENT 1. Maintenance Agreement: Final Building Depamnent approval shall not be granted until the common property elements of Lot 1 aze in place and. accepted by the building depamnent and a plan for continued maintenance of the common elements is in place and accepted by the building department. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: Four (4) sets of complete construction plans incorporating this Resolution as a sepazate plan page and containing the following revisions: i. All the recommendations of the City Arborist shall be followed and incorporated into the plans. 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 aze per the approved plans." 3. Front Yard Setback: The plans should be revised to provide the- correct front yard setback requirement, which is 43 feet 6 inches. 4. Nonconforming Rear Yard Setback: The proposed rear terrace projects about 12 feet into the required rear yazd. The Zoning Ordinance allows porches to project four feet into the rear yard if not more than four feet above finished grade. The rear terrace must meet applicable rear yard setbacks. 5. Light Well: The plans depict the light well along the northern side of the property within the side yard setback. The city design policy has been to prohibit light wells within this area. Plan must b° revised to ensure that light wells meet all setback requirements for the structure. 6. Fireplaces: The plans show one wood burning fireplace in the living room and one gas fired log fireplaces in the family room. 7. Grading and Drainage Plan: The plans indicate that total cubic yards of cut would be 767 to a maximum depth of 125 feet. The 125 foot amount given for maximum cut should be clarified. It appeazs that some cut is needed to build the basement but this amount must be incorrect. Although the plans indicate that no fill is proposed, the grading needed to build the house and construct the driveway suggests the need for a grading plan. The grading plan should address the issues identified in the Arborist's report specifically to avoid regrading within the drip line of existing trees. C:~Documenrs and SettingslawelshUvty Documents~Schuck - I~t Ldoc nnnn~~ File No. DR-01-023.• 14221 Saratoga-SunnyvaleRoac~ Lotl 8. Parcel Number: The plans should be revised to provide the correct assessors parcel number for the lot, which is 503-23-016. 9. Cut and Fill: The plans should be revised to correct the maximum amount of cut that is indicated on sheet A0. 10. Building Height -The plans provide a building height of 18 feet however it is not clear that these heights are measured from the highest -point of the structure to the immediately adjacent natural grade not created by fill. This dimension should be provided via cut away profile of the structure's highest points. The profiles shown on sheet A7 particularly sections "A" and "B" do not appear to depict the height of the structure to the highest point on the roof line. 11. Privacy Issues: The plans depict two cantilevered box windows projecting from the bedrooms and a bathroom window facing the box kitchen window of the adjacent neighbor to the north. Privacy of the abutting neighbors should be considered in the treatment and screening of these windows. 12. The basement shall not be converted to a secondary dwelling unit as defined by the City's Municipal Code in absence of abiding by the City's Secondary Dwelling Unit process and obtaining the requisite building permits. The deed to the property shall include a statement to such. The deed restriction shall be reviewed and approved by the Director of Community Development and shown on the Title Report prior to issuance of building permits. 13. No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 14. 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. 15. No structure shall be permitted in any easement. 16. 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. 17. A landscape plan shall be submitted to the Director during the building permit plan check review. This plan shall meet all of the requirements outlined in Section 15-47 of the City Zoning Ordinance. CITY ARBORIST All recommendations in the City Arborist's Report dated June 15, 2001 shall be followed and incorporated into the plans. This includes, but is not limited to: C:~Documrnts and Scttings~awelshVv(y Documents~Schuck - Lot Ldac n n /~ p l i~l~li ~_O File No. DR-01-023.• 14221 Saratoga-Sunnyvale Road Lot 1 1. If trees #15, 86 and 87 will be retained, there must be no grading inside the drip lines. In this event the grading plan must be revised 2. The portions of the retaining walls within the drip lines, of trees # 12,15, 85-87 must be constructed by a pier and on grade beam design. There must not be a footing. Fill soil behind these walls must be porous. 3. Construction period fencing should be provided as noted on exhibit "B". Fencing must be chain link, 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 be located exactly as shown on the attached map. 4. There must be no grading, trenching, or surface scraping beneath the drip lines of retained trees. Where this may conflict with drainage or other requirements the azborist must be consulted 5. Trenches for any utilities (gas, water, phone, TV cable, etc.) must be located outside the drip lines of retained trees unless specifically indicated on the enclosed plan 6. Supplemental irrigation must be provided to retain trees #I2, 88, 85,15, 86, and 87 during the dry months (any month receiving less than 1 inch of rainfall). 7. Spread a full 3- inch layer of coarse wood chips over thee entire root zone exposed to construction activity for trees # 12 and 88. 8. A platform buffer must be placed between construction of the house and the protective fence for root protection of tree # 6. 9. 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 to prevent further soil encroachment. 10. Any pruning must be done by an International Society of Arboricultural certified azborist and according to ISA Western Chapter Standards. 11. Landscape pathways and other amenities that are constructed under the canopies of trees must be constructed completely on-grade without excavation. 12. Landscape irrigation trenches, which cross a root zone, and/or 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, and if the spokes of such a design aze no closer than 10 feet apart at the perimeter of the canopy. 13. 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. C:~Documencs and Scttings~awelshVvty Documcnts\Schuck -Lot Ldoc ' nnnn~ n File No. DR-01-023: 14221 Saratoga-SunnyvaleRoa~ Lotl 14. 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 avnk of oak trees. 15. Bender board or other similar material must 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. ~ ~ . 16. If landscape plants are to be installed within the root zone of an oak tree it should be planted only with compatible plants. 17. Landscape materials must not be directly in contact with the bark of a tree due to the risk of disease. 18. Materials or equipment must not be stored, stockpiled, dumped under the drip lines of trees or buried on site. Any excess materials must be removed from the site. 19. Trees # 4-6, 8, 9,13,14 and 91 have a value of $31,050. An equivalent value is four 48 inch boxed, eight 36 inch boxed, and one 24 inch boxed and one 5 gallon native tree replacements. There aze other equivalent alternatives. Replacements aze suggested. 20. The applicant has provided a bond for $98,776 which should be retained to assure the tree's protection. 21. Prior to Final Building Department 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 Lot 1 portion of the bond shall be released 22. Any future landscaping shall be designed and installed in accordance with the Arborist's recommendations. FIRE PROTECTION DISTRICT All recommendations in the Saratoga Fire District review of June 18, 2001 shall be followed and incorporated into the plans. This includes, but is not limited to: 1. Roof covering shall be fire retardant, Uniform Building Code Class A prepared or built up roofing. 2. Early warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga code Article 16-60. (Alternative requirements, sprinkler systems) 3. Automatic sprinklers shall be installed in newly constructed attached/detached garages (2 heads per stall) workshops, or storage areas which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall have a smooth • • C:~Documenrs and Settings~awclsh~ivty DocumentslSchuck -Lot Ldoc File No. DR-01-023.• 14221 Saratoga-Sunnyvale Road, Lotl flat, horizontal ceiling.-The designer is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. 4. Fire hydrants shall be located within 500 feet from the residence. These fire hydrants should be installed and accepted prior to construction start. ~. Automatic sprinklers are required for the new dwelling. A 4 head calculated sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. A licensed contractor shall install the sprinkler system. 6. Driveways shall have a 14 foot minimum width plus 1 foot shoulders. 7. Curves: Driveways shall have a minimum inside radius of 21 feet. 8. Turnouts: Construct a passing turnout 10 feet wide and 40 feet long as required by the fire district. Details shall be shown on the building plans. 9. Turn-around: Construct a turn around at the proposed dwelling site having a 33 inch outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fire district. 10. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by the fire district. 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. 2. 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 exp>re. 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. C.~Documents and Settuigs~awelshUvty Documents~Schuck - Lot lda ~~~~~7 File No. DR-01-023.• 14221 Saratoga-SvnnyvaleRoad, Lotl PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 23rd day of January, 2002 by the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: aecreLary, riannuig ~.ommission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent C:~Documrnts and Settittgs~awelshuvly Documents~Scltuck -Lot Ldoc Date • •i 000022 • BARRIE D. CO~'fE AND ASSOCIATES Horticultural Consultants (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 Attachment 2 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE SCHUCK PROPERTY LOT 1 14221 SARATOGA-SUNNYVALE ROAD SARATOGA Prepared at the Request of: Community Planning Dept. City of Saratoga . 13777 Fruitvale Ave. Saratoga, CA 95070 • Site Visit by: Michael L. Bench Consulting Arborist June 15, 2001 Job # 07-00-176-O1 Plan Received: June 7, 2001 Plan Due: July 10, 2001 ~ ~~~o~~ ~ JUL z 3 2001 CITY OF SARATOGA COMMUNITY DE~I,QP~Aa~j,~„ TREE SURVEY AND PRESERV~N RECON4N>;~iDATIONS AT THE SCHUCK PROPERTY LOT 114221 SARATOGA-SUNNYVALE ROAD SARATOGA Assignment At the request of the Community Planning Department, City of Saratoga this report reviews the proposal to construct a new home on a vacant lot in the context of potential damage to or the removal of existing trees. The trees at this site were evaluated in a report by this office dated July 25, 2000. The particulars of the trees on site, including their condition, has not changed enough to warrant a reevaluation. 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. Comments and suggestions contained in this report presume that the locations of trees in relation to proposed construction are accurately presented on the plans provided. Summary This proposal exposes twenty-one trees to some level of risk by construction. .,::. ,~ . , .;~ Seven trees (#~4'y'S,~8; 9, ~ 4' and 91) would be removed by implementation of this design. Replacement with trees which equal the values of the trees removed, is suggested. Procedures are suggested to mitigate the damage that would be expected to the retained trees. A bond equal to 20% the value of the retained trees is suggested unless bond funds have already been deposited for the protection of these trees. Observations There are twenty trees on this site and one tree (#92) located on the adjacent property toward the north that are at risk of damage by proposed construction. The attached map shows the locations of these trees and their approximate canopy dimensions. Each tree was tagged with a metallic label indicating its assigned number in July 2000. Thetwenty-one trees are classified as follows: Trees #1, 4, 6, 10 valley oak (Quercus lobata) Trees #2, 3, 5, 9, 11-15, 17, 85-88, 91 coast live oak (Quercus agrifolia) Tree #8 California pepper (Schinus molle) Tree #92 California black walnut (Juglans hindsii) Tree # 16 is shown on the map, but it is not large enough to be covered by the city ordinance. The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent -Poor) on the data sheets that follow this text. Please note that each trees structure is distinguished from health. The structure rating is a visual evaluation of each tree's ability to remain standing and to maintain its branching without breaking or splitting apart. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST. JUNE 15, 2001 _ ~~ TREE SURVEY AND PRESERVN RECOMIvvI!>;TIDATIONS AT ~- 2 ' THE SCHUCK PROPERTY LOT 114221 SARATOGA-SUNNYVALE ROAD SARATOGA Damage of this nature can occur despite exceptional health. Also, structure is not an aesthetic focus. A tree that has an excellent structure may not necessarily be aesthetically pleasing- - - - - Because the various combinations of health and structure sometimes require interpretation, the combination of health and structure ratings for the trees are converted to individual descriptive ratings. as follows: Exceptional Fine Fair -Marginal Poor S ecimens S imens S imens S imens S imens 12, 85, 88 1, 2, 5, 9, 10, 3, 4, 6, 8 11,13,14,15, 17, 86, 87, 91, 92 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 aze 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. Tree #92 is located on the adjacent property toward the north. I recommend that this tree must be treated as Exceptional regardless of condition. Impacts of Proposed Construction Trees #4, 5, 8, 13, and 14 are located in the footprint of the proposed new house. Tree #9l appears to be in conflict with the proposed driveway tune around. Tree #9 would require that at least two primary limbs would require removal to accommodate the proposed new house. One limb faces southwest and the other limb faces southeast. I estimate that approximately two-thirds of the existing canopy would be removed for this objective. Even if this tree were able to survive this volume of canopy loss, which in my opinion is not possible for the long term, trenching for the footing of the house will remove approximately 35% of the root system, which individually would be quite severe. Tree #9 would not be expected to survive. The root system of tree #6 would suffer significant damage by soil compaction if unprotected. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE I5, 2001 ~~~(1!7~ TREE SURVEY AND PRESERVN RECOMIuIDVDATIONS AT ~: ' 3 THE SCHUCK PROPERTY LOT 114221 SARATOGA-SUNNYVALE ROAD SARATOGA Trees # 15, 86, and 87 would not survive the proposed grading to reshape the slope under their canopies. In addition, they also would not survive the construction of the adjacent retaining wall if a typical footing were used. retamu-g wall. ~aproposed_adjacent~a~tlie ` . . ~~_ = `- If this wall is constructed with a typical footing tree # 12 may be severely damaged. The plan shows that the existing concrete retaining wall adjacent to Saratoga/Sunnyvale Road will be extended for about 12 ~eet across. ~Foot~e of tree #85. Again, thl~s would likely result in severe root damage~f t~i~`~wallwere tio~ie constructed ~w-ith a :_ typical footing Excavated soil for the basemern or excavations for the Footings must not be piled under the canopies of trees, because of the likelihood of sigtificant root damage. In addition to the specific risks noted, the retained trees may 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. 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 root tips. 6. Broken branches or bark injuries as a result of construction equipment passing too close. 7. 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. 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. r- 1. If trees # 15, 86, and. 87 will be retained, there must be no grading inside the driplines.;~- In this event,~the grading-plan -must be revised: . 2. I recommend that the portions of the r ~ '~'-""~""'~- "'~"~ ~"" """ `"" - `"- ~ shown.on the attached map, of trees # 12, 15, 85-87 must be constructe"i#'~iy a pier and on grade 1/ beam-~es°' There z~`uste a footing. Fill soil behind these walls must be PREPARED BY: MICHAEL L- BENCH, CONSULTING ARBORIST ~ JUNE 15, 2001 ~nnnnn TREE SURVEY AND PRESERVN RECONIIuiENDATIONS AT ~` 4 THE SCHUCK PROPERTY LOT 114221 SARATOGA-SUNNYVALE ROAD SARATOGA thoroughly porous (i:e. must be rock, gravel or sand, no granite fines, no soil with 10% or more of clay). Spreading of this fill material must be by hand 3. 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. 4. There must be no grading, trenching, or surface scraping beneath the driplines of retained trees, (either before or after the construction period fencing is installed or removed). Where this may conflict with drainage or other requirements our office must be consulted. a,- _ _ - ......,a 5. Trenches for. atry utilities (gas, water, phone, TV cable, et must~be located outside the driplines. of retau~ed'tree~ 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. 6. Supplemental irrigation must be provided to retained trees # 12, 88, 85, 15, 86 and 87 during the dry months (any month receiving less than 1 inch of rainfall). Imgate 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 laid 6 feet from the trunk for each tree. 7. Spread a fu113-inch layer of coazse wood chips over the entire root zone exposed to construction activity for trees # 12 and 88. Spreading must be done by hand. 8. ~A platform buffet' must be placed between construction of the house and the neighboring fence for root protection of tree #6. A platform buffer consists of 4 full inches of coarse bark chips (shredded redwood is not acceptable for this propose due to its compressibility) be spread over the existing grade, which must immediately be covered by 1 inch plywood (full sheets), tied together, and secured to prevent slippage. This platform is sufficient for workers on foot using hand carried tools. This platform must cover the entire exposed root zone area adjacent to construction. . 9. 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. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 15, 2001 n[~rzn~~ TREE SURVEY AND PRESERV' ,.SON RECOMIu)1~IDAT70NS AT ~ S THE SCHUCK PROPERTY LOT 114221 SARATOGA-SUNNYVALE ROAD SARATOGA 10. Any pruning must be done by an International Society of Arboricultural certified arborist and according to ISA Western Chapter Standards, 1988: 11. L~ii$~cape` wa are constructed under the canopies of trees must be cons "thout excavation. ~~~~~. 12;`~I:andscape irriga~an~eli~~ 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 diametei 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, and if the spokes of such a design are no closer than 10 feet apart at the perimeter of the canopy. 13. 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. 14. 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. 15. Bender board or similar edging material must 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. 16. 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. 17. 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. 18. Materials or equipment must not be stored, stockpiled, dumped under the driplines of trees, 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, 1992. Trees #4-6, 8, 9, 13, 14 and 9 has a value.of $3.1,050..This is egm~ral~nt to four":48-inch boxed,-eight 3b,=inch»box~eiie 24inch boxed, -and one"S-gallon native tree ~_ ~'- ~replacem~ Replacements are suggested. If trees # 15, 86, 87 are not retained, their combined value is $5,130. This is equivalent to ~: one 48-inch box aa~ on~~~loa 2t±~ Acceptable native tree replacements are: PREPARED BY; IvIICHAEL L. BENCH, CONSULTING ARBORIST JUNE 15, 2001 nr~[~rt~s~ • • ~~ TREE SURVEY AND P12ESERVA~YiON RECOIvIIv~NDATIONS AT ` THE SCHUCK PROPERTY LOT 114221 SARATOGA-SUNNYVALE ROAD SARATOGA Coast live oak - Quercus agrifolia Valley oak - Quercus lobata Big leaf maple - Acer macrophyllum California buckeye - Aesculus californica '. Coast Redwood -Sequoia sernpervirens i 6 If a bond has not been established of the retained trees, I suggest a bond equal to 20% of the total value of the trees that will be retained to assure their protection. Respectfull}~ s ~ e ~ ~ ~ 3 ~ ~' ~ ~ _ __ _ Michael L. Bench, Associate B .Coate, Pri~pal~ MLB/sl Enclosures: Glossary of Terms Tree Data Accumulation Charts Tree Protection Before, During and After Construction Protective Fencing Radial Trenching Beneath Tree Canopies Platform Buffer Map PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE I5, 2001 . BARRIE D. COi. ~: AND ASSOCIATES Horticultural Consultat~tr (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 ~:. ~~ _ GL06SARY Co~ominant (stems, branches) equal in size and relative importance, usually associated with either the trunks or stems, or scaffold limbs (branches) in the crown. Crown -The portion of a tree above the trunk including the branches and foliage. Caltivar - A named plant selection from which identical or nearly identical plants can be produced, usually by vegetative propagation or cloning. Decurrent - A term used to describe a mature tree crown composed of branches lacking a central leader resulting in around-headed tree. Eacurrent - A term used to describe a tree crown in which a strong central leader is present to the top of a tree with lateral branches that progressively decrease in length upward from the base. Girdling root - A root that partially or entirely encircles the trunk and/or large bumess roots, which could restrict growth and downward movement of photosynthates. Included bark -Bark which is eirtrapped innarrow-angled attachmenrts of two or more stems, branches,~or a stem and branch(es). Such attachments are weakly attached and subject to splitting out. Kinked root - A taproot or a major root(s) which is sharply bent and can cause plant instability and reduction of movement of water, nutrients, and photosynthates. Root rnllar -The flared, lower portion of the base of a tree where the roots and stem merge. A Iso referred to as the "root crown". Leader -The main stem or trunk that forms the apex of the tree. Stem -The axis (trunk of a central leader tree) of a plant on which branches are attached. Temporary branches - A small branch on the trunk or between scaffold branches retained to .shade, nourish, and protect the trunk of small young trees. These branches are kept small and gradually removed as the trunk develops. DeSnition of Woody Parts Trunk -The main stem of a tree between the ground and the lowest scaffold branch. Scaffold braocbes - In decurrent trees, the branches that form the main structure of the crown. Limb - A major structural part. Branch - A smaller part, attached to a limb or scaffold branch. Branc6let - A small park attached to a branch. Twig -Avery small part attached to a branchlet. Leaf- The main photosynthetic organ of most plants. • • f>e~I00 - ~ ~. ~~ ar. rs::~a'3rr`.--~ - ~ ~'ii.,,'z--.~'fL. _:_~'~ .=m, g c~-i~~s 1. __ - _ - = .~$ARRI ~. A`AND AS$OC~ATES -~ ~` - ~. -3s - ~ .y.- b t - i ,i- - 'Ho~lacultura'~ CotlSuli~nfis ~` . ~~"~ ~ _ ; ~. ~ - ` ~. ~A~OB~ 353 105~r :~ ~ ~ ~., ~ 4 r - _ ~ ~ ~a (4~08~~~53.-1238 -~ _ .,~° = ~ - ~ - Y'~~ ~ r _ - :- .: ~ - - "~ _ _ ~23~3 3umm Rd~.ros;. ,a~o95033. L , _ .;~' - "~x~ r ~$' - . - TREE PROTECTION BEFORE, DURING, AND AFTER CONSTRUCTION - ` _._. : - .. __a _ ~ These are general recommendations - - - _ _.;: And may be superseded by site-~pe~c instructions s BEFORE - _ - _ ~. _ .. _ .. . . .- _ c .: -.:-. ~- _.:-:..-.. ~ -.-. ..: t: .. _ __~ .. ~. Plan location. of trenching ~to avoid all possible-cuts beneath tree canopies. 'I1iis includes trenches for utilities; irrigation fines; cable.'TV and roof drams _ - -- w.. ~ .; x ,..~. : ~4 Plan construction period fence locations which will prevent equipment travel or material storage " beneath tree canopies _ :: ~:.- ~; = _ Install fences before any construction-related equipment is allowed on site. This includes pickup - ~ _ trucks. Injorm subcontractors in writing that they must read this document. Require return of signed copies to demonstrate that they Have road the dowma~. _ : - _ _ Prune any tree parts, which conflid with construction between-August and January. Except for pines which may be pruned between October-January. Only an ISA certified arborist, using ISApruning instructions maybe used for his work. If limbs are in conflict with the construction equipment before the certified arborist is ~-site, carpenters may cut off offending parts of 6" diameter or less; leaving an 18" long stub, which should be re-cut later by the arborist.... - Under no circumstances may any party remove more than 30% of a trees foliage, or prune so . that an unbalanced canopy is created. _ DURING - -:. _ _ _ . Avoid use of any wheeled equipment beneath tree canopies. Maintain fences at original location in vertical, undamaged condition until all contractors and subcontractors; including painters are gone. - Clear root collars of retained trees enough to leave 5-6 buttress roots bases visible at 12" from the trunk. Irrigate trees adjacent to construction activity during hot mods (June-0dober). Apply 10 gallons of water per_ 1" of trunk diameter (measured at 4 '/:') once par 2 weak period by _ soaker hose. Apply. water at the dripline, or adjacent to construction not around the trunk. Apply mulch to make- a 3" deep layer in all areas beneath tree canopies and inside fences. Any organic material,which is nontoxic may be used. ~~~ . --- i AFTER _ _ . Irrigate monthly. with 10 gallons of water per 1" of trunk diameter with a soaker hose, placed Just inside the dnp7ine: Continue until 8" of rain has fallen. - - Avoid cutting irrigation trenches beneath true canopies. _ = _ Avoid rototilling beneath tree canopies sm~'that will d~stroyth~ small surface roots which -~ ~ ~ "` i ~.. absorb-water - _ "~ ~-; ,~ :~:- ~_ _ ~ ~ _ ~~~. ~. x~ -leafs beneath -tree can ies: - t ~ Avoid installation of turf or other fi~equently~irrigated p op .. _. _ - _ F ~: - = S F - -_p T x- -: - _ - _- _ .: y`#`^ - -_ - - ~ nnnn~~,.. -~ '~ ~ . -~ ~ : ~ • ' ~ m ~ ~ .. .,.,~. ~ - m _. ~ p U C __ N , •.. .. 'p ~ Y C ~ ~~ • '"' m .. a N ^ `. J ' `v- ` E ~ ~ ~ •. ~ +; et ' N ~ ~ , O a o • C Y~ ~ O ~~ ~ r ~ ~ ~ •~ O L rn ~ • :r;;; O o ~ ._ o ++ m m rn ~ ~ V ~ ~ m ~ O ~ m 'o ~ c - L °c~ v a O ~ •c to O «. E ~~ ~~ r„. . ~ --- - -- _ O o ... ~ ~ -- - . -- - ----- O .~.~ O arnN.r .. - •~- ocQ~o- c~~ -- = o ~ c'~'"r~ ....:.~ ~ E _ - _ _- N.~ O v O O Q~ C.8 m _O C " U.000c~~L~tL~ ,.. O rNC7~~AV~•w ~~~Q32 BAR~RIE D. COATS and'ASSOCIATES Horticultural Consultants 408-353-1052 - tt535 Saatatlt Rwd. Los Gatos, G ls000 The average tree: • has a horizontal root spread that is 2.5-3.0 times greater than the branch spread (a.k.a., the dripline) ,. _. • Has most (>609'0) of its root outside the dripline • has most (>959'0) roots in -the top meter of soil • has 'most fine, or smallest diameter roots in the top 0.15 m (6 inches)+of soil (Sources: 1, 2, 3, 4) ~ ~ . ~. Literanue cited: `~ ~ . 1. Gilman E.F. 1988 Trec root spread in elation to btzrrsclr driplins and harvestabld root b~alL HoR Science 25:351-353 2. Gilman E.F. 1990 Tree root wtb and develo t. . Fo ' ds s read and sriadici . J. Snviron. Hort. 8:21 S- gro pmen ~ ~ p~• P p ty 220 ; ~ -~~...... 3. Perry, T.O. 1982. Tlu ecology of tea roots and prnetieal sign~ltaanee t/ursof. J. Arfioric. 8:197-211 3 .. -, . Ri.w.. . 4 . W arson, G.W. and E.B. Himeliek. 1992b: Root dlstribttsiort o~i~uvssry trtss and iu relationship to transplanting success. .r J. Arboric 8:225-228 ~ - ~ :' ~ `' y.... ~,~ S. American Society of Consulting Arborists.1989. Protecting tteef during construction: Answers to frequently asked questions for builders and property owners. Wheat~itidge, Colorado. lpp. ;r ,, , 6. Hams, R.W., 1992. Arboriculture: Care of Trees, Shrubs and Vines in the Landscape. Prentice Hall, Inc. Englwood C1iKs, New Jersey. 674 pp. Recommends 1 foot soil width for each 1 inches of mink disatetex 7. Morell, J.D. 1984.'Parkway fns auguring spacifrcations. J. Arboric. 10(5):129-132 Finds that trenching for water main installation_resulted in mortality rafts of 25-496 twelve years after trenching activity Information supplied by Mrcbael (aye, Consulting Arbonst, $ntisb Cottmrbia -: .~ _ _ ~. -:~C - ,; _ ~~ r - R . - _ - tM1i~ - ~ - - - ^~" x - ~ -. . ~ ~ ~ J -- _ t~ =O _ ~ i Y • .f r ~_ x.. r q . ~ ~ j -CT ~: _ t r _ ~ - _ _ ;~ O y ~~4t ,~, "~~ -- - ', ~~ ~ i~.`.` `` ~ ~ ~ \•'_ ,. \ ': r'`''te . ~ a~ 3 Y d o 9 ~ y s~ .~ N .a ~ L i .. -~~~ a `~ ,~` .~ L ~v ~ ~ - ,~ ~ O ~ ~ ~ ~ ~ '~ ~ ~ y s H C 3 ' ~ - :. ~ b0 b0 b4 v~ ~ }' i -.. __. ~-p~ cOo O^ ~s -- - .. N o m ~ N - ---- - - ~ -S H Sb,O "~ O Oi _ v~ ... 'CQ~~+~ U~ ~ L. ~ L O v N C ~ U - - - ~ d a0t ~ V1 ~ •~ i - ~ ~ - -. O S '~ ~ ~ o~ OL ev V _ s ~ ~ ~ ~ n~n~~a - ood a hi s Platform Buffer A 1 inch Plyw nd Wood C p for Areas Beneath A Tree Canopy which Must Be Used for Foot Traffic Prepared by: Barrie D. Coate Et Associates Horticultural Consultants (408) 353-1052 23535 Summit Road Los Gatos, CA 95033 ~QOQ3'S - , ~ _. - O ~ n ~ N = a" O n O .!~ O w•-, r-1 O -.a a ~r'r M bD O rr R m ~I '~ '~ .fl Q i--~ x v ai ^., rr O ~-, lr~) ulaon~d ~ernow3a _ -- - __ 1 9 E T/AO1132! 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A.. ...-.. __ - _ .- t • • ;<' s{ ~I_ tl5 it ~ ~ - _ Y _...a F r - _ G-- Ii -~1 ~ ' I = I ~ F la IF S If, YI S " t arpE °e a:c a .~tt • . ITEM 4 REPORT TO THE PLANNING COMMISSION Application No./Location: DR-O1-024,14221 Saratoga-Sunnyvale Road -Lot 3 Applicant/Owner: Larry Schuck Staff Planner: Ann Welsh, AICP -Assistant Planner ~//, Date: January 15, 2002 APN: 503-23-016 Department Head: ,, , \ ~, '~~~~ ~~ ~" ~ . ~- ~~ ~ ,,. l ~, ~ ` . `,, i i ~--' ~ ~ ~ -,• ~~ i ~ a~ ~ `' ~, '; ``~~ rn 0 ... ~ ~ ~~~~ ~. j; ~ ~/ / /~ Feet 14221 Saratoga -Sunnyvale Road -Lot 3 000001 EXECUTIVE SUMMARY CASE HISTORY Application filed: 06/05/01 Application complete: 12/28/01 Notice published: 1/9/02 Mailing completed: 1/9!02 Posting completed: 1/4/02 PROJECT DESCRIPTION The applicant proposes to construct a 3,891 square foot, two-story residence on a newly created parcel, which was a portion of the grounds of the B. Grant Taylor House, which is listed on the Survey of Historic Resources. The maximum height of the residence is proposed to be 24 feet. The site, located within an R-1-15,000 zoning district, contains 19,546 gross / 17,802 net square feet. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR - Ol - 024 ATTACHMENTS 1. Draft Resolution DR-O1-024 2. Arborist Report dated June 16, 2001 3. Plans, Exhibit °A" • • • nnnnn~ File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot 3 STAFF ANALYSIS ZONING: R-1-15, 000 GENERAL PLAN DESIGNATION: M-15 -Medium Density Single Family Residential MEASURE G: Not applicable PARCEL SIZE: 19,546 gross sq. ft. AVERAGE SITE SLOPE: Average Slope of Lot 3 is 4.1%. Slope at Building Site 1.4% GRADING REQUIRED: A grading permit is not required since the proposal involves less than SO cubic yards of fill. The proposed construction would involve a total of 337 cubic yards of cut with a maximum fill of 35 cubic yards. The building requires 18 cubic yards of fill. The basement requires 337 cubic yards of cut. The garage requires 7 cubic yards of fill. The driveway requires 10 cubic yards of fill. The maximum depth of cut is 10 feet and the maximum depth of fill is two feet. ENVIRONMENTAL DETERMINATION: The proposed project consisting of construction of anew single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of constructing one single-family residence and associated out buildings. MATERIALS AND COLORS PROPOSED: The exterior finish proposed is a gray/tan cobblestone veneer at the base with brown wood shake wall siding; window trim is -proposed to be atan-white. Grey/tan Class "A" wood shake roof tiles are proposed as the roofing material. • C:~Documencs and Settings~aw~elshuvty Ibcumcnts\Schuck - I~t 3 -1-15-02doc (~ ~ ~ (1 ~~ File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot 3 R-1-15,000 Lot Coverage: Building Footprint Porches, Light well, Breezeway Driveway, Parking Pad, Walkways TOTAL (Impervious Proposal 27% 2596 sq. ft. 780 sq. ft. 1,350 sq. ft. Code Requirements Maximum Allowable 50% 4,726 sq. ft. 8,901 sq. ft. Surface) Floor Area: First Floor 2,169 sq. ft. Maximum Allowable Second Floor 1,295 sq. ft. 3,899 sq. ft. Garage 427 sq. ft. (Basement) (1,140 sq. ft.) TOTAL 3891 sq. ft. Setbacks: Minimum Requirement Front 31 ft. 3 in. 25 feet Front @ 2nd floor 37 ft. 3 in. 31 feet Rear 31 ft. 3 in. 31 ft. 3 in. Rear @ 2nd floor 40 ft. 40 ft. North Side 15 ft. 13 ft. 6 in. North Side @ 2nd floor 19 ft. 6 in. 19 ft. 6 in. South Side 29 ft. 6 in. 13 ft. 6 in. South Side @ 2nd floor 60 ft. 19 ft. 6 in. Height: Maximum Allowable Residence 24 ft. 26 ft. Detached Garage 14 ft. 6 in. 12 ft / 1S ft under certain conditiozis • C:~Documents and Settings~awelshVviy Documcnts~Schuck -Lot 3 -1-15-02doc O ~~ ~ ~~ File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot3 PROJECT DISCUSSION - - Design Review This application for Design Review involves construction on Lot 3 of a recent subdivision. The lot, accessed from Saratoga-Sunnyvale Road by a yet unnamed cul-de- sac, contains 19,546 square feet and had two structures that were demolished. The proposed two story dwelling and detached garage contains 3,891 squaze feet. The maximum height of the house is 24 feet. The site is located in the R-1-15,000 zoning district. - . The Lot 3 house is located on a portion of what was the B. Grant Taylor House parcel, which contains a private residence believed to be designed by noted architect Julia Morgan. The proposed house style is compatible with its surroundings. Containing a low pitched cross gabled roof with wide unenclosed eve overhang, the house reflects the restored, historic Craftsman-style home that is located within the subdivision. The existing historic house has been relocated on the adjacent, Lot 2 of the subdivision. All three new homes that are proposed in the subdivision aze of the same Craftsman-style azchitecture and thus reflect the existing character of the area. Since a cul-de-sac serves the parcel off of the arterial road, it does not feed into the neighborhood collector streets and thus does not directly impact the surrounding neighborhood. The character of the surrounding neighborhood is eclectic in terms of style with the predominant styles of home being ranch and bungalow with a few two story homes in the neighborhood Thus the "sense of history" is reinforced by the design of the proposed house since it is sunilar in style to the existing historic home while also complementing the surrounding neighborhood by maintaining a scale that does not overwhelm neighboring homes. Necessary Findings The Zoning Ordinance, Section 15-45.080 identifies the following findings as necessary for granting Design Review approval. _ (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with ~~iews and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minim~in~ tree and soil removal; grade changes will be minim~ed and will be in keeping with the general appearance of neighboring developed areas and undeveloped azeas (c) Minimize perception of excessive bulk. The proposed main or accessory structure, in relation to structures on adjacent lots and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the environment. (d} Compatible bulk and height. The proposed main or accessory structure 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 C-Documents and Settingslawelsh~2vly Documents~Schuck - I nt 3 -1-15-02doc ('~ O~~QnS File No. DR-01-024.• 14221 Saratoga-Sunnyvale Roaal; Lot 3 (ii) the natural environment; and shall not (iii) unreasonably impair the light and air of adjacent properties and their ability to utilize solar energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. (f) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook. Actual Findings The following findings have been made regarding the proposed new construction. (a) Avoid unreasonable interference with views and privary. The height, elevations and placement on the site of the proposed main or accessory structure; when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community viewsheds will avoid unreasonable interference with views and privacy. Views to adjacent homes are oriented to maintain privacy. Privacy of the restored home on Lot 2 is maintained by perpendiculaz placement of the front yards of the two homes and . location of a detached garage, which acts as a buffer between the two structures. The view to the south is not affected since the grade drops steeply in the open space adjacent the southern end of the property. Those portions of the house that contain outdoor living space are oriented toward the front and rear of the house. The privacy of existing neighbors to the north of the property is maintained since the house has no outdoor living space to the north and maintenance of existing trees will form a visual buffer. One area where neighboring privacy may be compromised is the second floor rear terrace s~iew. This outdoor space overlooks the rear yazds of neighbors to the west. Since these abutting homes are single story, maintaining existing vegetation along the western border of the property is an important element of retaining the privacy between these neighbors. Noise emanating from the detached garage will have little impact on adjacent dwellings. Since the garage is located at the end of the cul-de-sac, on the south side of Lot 3 in a portion of the lot that is removed from other residences. Views are maxi_m~ed by the home orientation. The front porch is oriented toward the cul- de-sac and the open space. (b) Preserve Natural Landscape The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. Natural topography is retained in this development since only minimal grade changes are proposed The lot is nearly flat with an average slope of 4.1 percent. The only significant grading involves excavating for the 1,140 square foot basement. C:\I?ocumencs and Setringa~awelshVviy Docwoents\Schuck -Lot 3 - I-LS-02doc ~ ~~ O Q6 _ _ File No. DR-01-024.• 14221 Saratoga-SunnyvaleRoac>y Lot3 • Minimal tree removal is proposed since 6 out of 22 trees, as identified by the City Arborist, would be removed in order to construct the home. Three of these are in the footprint of the residence. Recommended replacement trees aze two 48-inch boxed, one 36-inch boxed and one 24-inch boxed native specimens which shall be Coast Live Oak, Valley Oak, Big Leaf Maple, California Buckeye or Coast Redwood or any combination thereof. In efforts to n,inim~e tree removal, the azborist recommends that the footprint of the house be moved 6 feet south in order to save an 18 inch Oak Tree that is located about four feet from the north side of the house. The building envelope is large enough to accommodate this recommendation since the proposed side yard setback at the south end of the lot is 29 feet and the minunum setback requirement is 12 feet. (c) Minimize perception of excessive bush. The proposed main or accessory structure in relation to structures on adjacent lots and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the environment. The design uses materials and color to reduce the perception of bulk. The design calls for cobble stone veneer at the foundation wall, column plinths and chimneys. Wood is used on the window trim and casing, porch rail, tapered square supporting porch columns, the trellised porch and rafters. The cedar shake shingle facade treatment adds texture to the elevation. Brick porch and steps define the entryway. Craftsman style windows with smaller panes in the upper sash and a single pane in the lower sash reinforce the horizontal proportions of the house. The design uses azchitectural features to breakup massing. The roof is cross-gabled which reduces the mass of the roof line. The front facade of the house has two gables one over the first Iloor living room and one over the second Iloor bedroom. The front facade is also enhanced by two porches one covered which is the main entrance and a recessed, trellised porch which is off of the study. The gabled roof line is repeated in the garage which is connected to the house by a portico which provides a visual link between the main.house and garage. The covered, recessed porch with simple single front door is low profile in design and very human in scale and proportion (d) Compatible bulk and height. The proposed main or accessory structure 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 (iii) unreasonable impair the light and air of adjacent properties to utilize solar energy. The proposed house style is compatible with the surroundings, reIlecting the restored, historic Craftsman-style home that is located within the subdivision. The existing historic house has been relocated on the adjacent, Lot 2 of the subdivision. All three new homes that are proposed in the subdivision aze of the same Craftsman-style architecture and thus reIlect the existing character of the area. The character of the surrounding neighborhood is eclectic in terms of style with the predominant styles of home being ranch and bungalow with a few two story homes in the neighborhood Thus the proposed house since it is C:~Documrnts and Scttings~awelshUv[y Documents\Schuck - I.ot 3 -1-15~02.doc ^ ~O ~ ~~ File No. DR-01-024.• 14221 Saratoga-SunnyvaleRoa~ Lot3 similaz in style to the existing historic home while also complementing the surrounding neighborhood by maintaining a scale that does not overwhelm neighboring homes. The orientation of the house ma~dni?es the southern exposure since the front porch and basement light wells are at the southern end of the house. The location of the house does not alter the solar access of adjacent properties. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates currentgrading and erosion control standards used by the City. The proposed design retains the natural topography since changes to the grade surrounding the house are minimal. The lot is nearly flat with an average slope of 4.1 percent. The only significant grading involves excavating for the 1,140 squaze foot basement. (fl Design policies and techniques. The proposed home will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook The proposed project conforms with Residential Design Handbook Policy #1, minimise the perception of bulk. Technique #1, retaining natural topography is addressed with minimal grading. Technique #3, reduce perception of bulk is addressed with use of natural materials &t colors. Technique #6, use architectural features to breakup massing, is addressed with cross gabled roof line and recessed entrance and porches. Policy #2, integrate structures with the environment, Technique #1, use of natural colors and materials is addressed through use of stone foundation material, cedar shake siding and neutral colors. Technique #4, integrate all structures on the site is addressed by connecting the garage with the house via portico and continuing the gabled roof line. Policy #3, avoid interference with privacy, Technique #1 is addressed by the perpendicular orientation of the homes and fencing and maintaining existing trees. Technique #3, maintain landscaping to enhance privacy is addressed by locating the house further south to avoid damage to tree #36. Technique #4, reduce noise impacts is addressed by locating the garage at the south end of the lot removed from other homes. Policy #4, preserve views and access to views, Technique #1 calls for minimizing view blockage which is addressed in orienting the front porch toward the cul-de-sac and-open space. Technique # 2, which calls for ma3rim~ing views while avoiding privacy conflicts, is addressed by placing homes perpendiculaz to neighbors and oriented toward the open space. Policy #5, design for energy efficiency, Technique #1, design for maximum benefit of sun and wind is addressed since the front porch and basement light wells are oriented for southern exposure. Technique #3, allow light, air and solar access to adjacent homes, is addressed since the house does not encroach on the solar access of neighbors. Thus the above analysis concludes that the findings required for granting design review approval can be met. The City Arborist and the Saratoga Fire District have reviewed this application. Their comments aze included as conditions of approval. C:~Documcnts and Scttings~awcLsh~tvly Documents`Schuck -Lot 3 -1-15-02doc ('~ /~ 000008 File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road, Lot 3 Community Development 1. General Plan: The General Plan designates this area as M-15 which recommends medium density single family dwellings with a density of 2.9 dwelling units acre. This house is located in Area "B": Congress Springs -Pierce Road Area of the General Plan. The proposal is consistent with the Area Plan policy of maintaining the single family character of the area. Two of the applicable issues identified in Area "B" are as follows: • Improve the streetscape of Saratoga-Sunnyvale Road by means of dense plantings or sound walls • Create bike paths on both sides of Sazatoga- Sunnyvale Road. The subdivision plan for this lot indicates landscaping, fencing and a trail along Saratoga Sunnyvale Road which is consistent with the General Plan policy of improving the Saratoga -Sunnyvale Road streetscape. 2. Subdivision -Maintenance Agreement: This home is part of a four lot subdivision which received approval subject to conditions outlined in resolution number SD-00-003. The conditions of approval refer to Exhibit "A",which contains a landscape plan depicting a Saratoga-Sunnyvale Road streetscape with trail, fencing and landscaping. Exhibit "A" also depicts Parcel "A" which is private open space with an access trail, and a private road. Since each property owner within the subdivision will have an interest in the maintenance of these elements of the plan, the issue of joint maintenance of the common property should be addressed. Final building approval shall not be issued until the common property elements of Lot 3 are in place and accepted by the building department and a plan for their continued maintenance is developed and accepted by the building department. 3. Garage Height: The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The plans depict a detached garage which measures 21 feet by 21 feet. The 14 feet 6 inch garage exceeds the 12 foot height limit for accessory structures. However the zoning ordinance allows a maximum height of 15 feet for accessory structures if the Planning Commission makes a determination of neighborhood compatibility. The proposed garage does appear compatible. An inspection of the surrounding neighborhood revealed that the height of the garage will have minimal impact on neighboring properties. The garage is located 35 feet from the rear property line and is in an area of the lot which impacts only one other parcel, the residence to the rear. Since this abutting residence is single story, separated by a fence and a 35 foot setback at the property line, the proposed garage is compatible with both the scale of the surrounding neighborhood and with the architecture of the house. 4. Front yard setback: The front yazd setback is 25 feet or 20% of the lot depth. The second story front setback is 31 feet. These dimensions should be changed on the plans. 5. Windows: Plans should s ec' the a of windows that are ro osed. P ~Y ~'P P P C:~Documencs and Scttings~awclshUviy Documenrs~Schuck -Lot 3 -1-IS-()2doc ^ ~~ A File No. DR-01-024.• 14221 Saratoga Sunnyvale Road Lot 3 - 6. Fireplaces: The plans show one wood burning fireplace in the family room and two • gas fired log fireplaces, one in the living room and one in the master bedroom. 7. Grading: Total cubic-yards of cut would be 337 to a maximum depth of 10 feet, this would be needed to construct the basement. Total cubic yards of fill would be 35 to a maximum depth of 2 feet. The project does not require Planning Commission action on a grading plan. The information is provided as background for the Commission. 8. Correct Lot Number: The APN number for Lot 3 should be corrected to 503-23-016. Fire Protection District The Saratoga Fire District reviewed this application on June 18, 2001 and their requirements are included as conditions of approval: 1. Roof covering shall be fire retazdant, Uniform Building Code Class A prepazed or built up roofing. " 2. Early warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga code Article 16-60. (Alternative requirements, sprinkler systems) 3. Automatic sprinklers shall be installed in newly constructed attached/detached S garages (2 heads per stall) workshops, or storage areas which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall -have a smooth flat, horizontal ceiling. The designer is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. 4. Fire hydrants shall be located within.500 feet from the residence. These fire hydrants " should be installed and accepted prior to construction start. 5. Automatic sprinklers are required for the new dwelling. A 4 head calculated sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. A licensed contractor shall install the sprinkler system. 6. Driveways shall have a 14 foot minimum width plus 1 foot shoulders. 7. Curves: Driveways shall have a minunum inside radius of 21 Eeet. " 8. Turnouts: Construct a passing turnout 10 feet wide and 40 feet long as required by the fire district. Details shall be shown on the building plans. " 9. Turn-around: Construct a turn around at the proposed dwelling site having a 33 inch outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fire district. C:\Documents and Settings~awekhVvty Documents~Schuck -Lot 3 -1-15-02dac 000010 File No. DR-01-024.• 14221 Saratoga-SunnyvaleRoa~ Lot3 10. Pazking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by the fire district. - Geotechnical Review The subject site contains Sun soil, which is classified as an "Area of Relatively Stable Ground". The "Areas of Relatively Stable Ground"-_aze predominately level areas with moderately steep slopes underlain with bedrock. Some azeas aze subject to soil creep, expansive clay rich soils and may be on fill. These soils are considered stable and usually do not require a geologic report provided that the slopes aze not excessive. Since the average slope of the site is 4.1 percent, additional geotechnical review was not required. The City Engineer has determined that the standard conditions of approval are sufficient. Soil and Erosion Control Plans The applicant should submit a soil and erosion control plan which identifies the techniques for rriin;mizing the impact of disturbance on adjacent properties. City Arborist Report Lot 3 contains 22 trees as identified by the City Arborist, six would be removed in order to construct the home. Three of these aze in the footprint of the residence. Two 48-inch boxed, one 36-inch boxed and one 24-inch boxed native specimens are recommended replacement trees by the City Arborist, which aze included as conditions of approval. The replacement trees shall be Coast Live Oak, Valley Oak, Big Leaf Maple, California Buckeye or Coast Redwood or any combination thereof. Increase Setback From Tree #36: Regazding tree # 36 the Arborist states that it would suffer significant root damage during construction of the new house and would lose 30 - 40% of its canopy. In this event tree # 36 would not survive. If the footprint of the house were to be relocated 10 feet from the trunk of tree # 36, it would survive in good- condition. The Arborist recommends that the footprint of the house be moved in order to save an 18 inch Oak Tree that is located about four feet from the north side of the house. The Arborist's report of June 16, 2001 contains other tree preservation recommendations, which shall become conditions of approval and aze included as an attachment to this staff report and will be contained in the Building Permit Plan set. 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;xe the perception of bulk so that it is compatible with the neighborhood The proposal if developed with conditions, further C:~Documents and Settuigs~awelsh~tvty Documcnts~Schuck -Lot 3 - I-IS-02dot File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot 3 satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-Ol- 024. LJ • ~i C:~Documencs and Secrings~aweLshVvly nocumencslSchuck -Inc 3 - I-LS-02doc 000012 Attachment 1 r~ L RESOLUTION NO: APPLICATION NO. DR-O1-024 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Schuck;14211 Saratoga -Sunnyvale Road -Lot 3 WHEREAS, the Ciry of Saratoga Planning Commission has received an application for Design Review approval for the construction of a new 3,891 square foot residence on a 19, 546 squaze 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 project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows • for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and roadway infrastructure and involves the construction of one single family home and associated out buildiribs; 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: Policy 1, Minimize the perception of bulk The lot is neazly flat with an average slope of 4.1 percent. The only significant grading involves excavating for the 1,140 square foot basement. Changes to the grade surrounding the house are minimal thus the proposed design retains the natural topography. The design uses materials and color to reduce the perception of bulk. The project proposes cobble stone veneer at the foundation wall, column plinths and chimneys. Wood is used on the window trim and casing, porch rail, tapered square supporting porch columns, the trellised porch and rafters. The cedar shake shingle facade treatment adds texture to the elevation. $rick porch and steps define the entryway. Craftsman style windows with smaller panes in the upper sash and a single pane in the lower sash reinforce the horizontal proportions of the house. The design uses azchitectural features to break up massing. The roof is cross gabled which reduces the mass of the roof line. The front facade of the house has two gables one over the first floor living room and one over the second floor bedroom. The front (~000~3 File No. DR-01-024.• 14221 Saratoga-SvnnyvaleRoad, Lot3 facade is also enhanced by two porches one covered which is the main entrance and a recessed, trellised porch which is off of the study. The gabled roof line is repeated in the garage which is connected to the house by a portico which provides a visual link between the main house and garage. The covered, recessed porch with simple single front door is low profile in design and very human in scale and proportion • Policy 2, Integrate structures with the environment The use of stone foundation materials, cedaz shake siding and neutral colors all serve to blend the house into the natural environment. Policy 3, Avoid interference with privacy The orientation of the house controls view to adjacent properties. Those portions of the house which contain outdoor living space are oriented toward the front and rear of the house. The privacy of the neighbor to the north of the property is maintained since the house has no outdoor living space oriented toward that home and a six foot fence exists on the property line. Also, beyond the fence, a 75 foot+ setback exists to the neighboring northern structures. Privacy of the restored home on lot 2 is maintained by perpendiculaz placement of the homes on Lot 2 and Lot 3. Also, a detached garage buffers the west side of lot 2. The view to the south is not affected since there is a very steep drop in grade and open space on that portion of the property. The neighbors to the rear of the home are separated by a fence. The house is designed to reduce noise impacts on adjacent dwellings. The garage is located in a portion of the lot that is removed from other residences since it is located at the end of the cul-de-sac, on the south side of Lot 3. Thus the noises emanating from the gazage will not impact neighboring properties. • Policy 4, Preserve views and access to views The home. is located in such a way that views are maximized. The front porch is oriented toward the cul-de-sac and the open space. Policy 5, Design for maximum benefit of sun and wind The orientation of the house ma. ' ;7es the southern exposure since the front porch and basement light wells are at the southern end of the house. The location of the house does not block the sun of any neighbors however, the location of the garage and utility room at the south end of the house does not maxim;tee the sun exposure to that portion of the house. Now, THEREFOxE, 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 Larry Schuck for Design Review approval be and the same is hereby granted subject to the following conditions: C:~Documcnts and Settings~awKlsh~tv(y Documents\Schuck - I~t 3.1-15.02doc O ~ ^ O~~ File No. DR-01-024.• 14221 Saratoga-SvnnyvaleRoad, Lot3 • COMMUNITY DEVELOPMENT 1. The development shall be located and constructed six feet south (i.e. ten feet from tree # 36) of the location shown on Exhibit 'A', incorporated by reference 2. Setbacks: Front yard setbacks shall be revised to reflect ordinance standards. 3. The basement shall not be converted to a secondary dwelling unit as defined by the City's Municipal Code in absence of abiding by the City's Secondary Dwelling Unit process and obtaining the requisite building permits. The deed to the property shall include a statement to such. The deed restriction shall be reviewed and approved by the Director of Community Development -and shown on the Title Report prior to issuance of building permits. 4. 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 revisions: i. All the recommendations of the City Arborist shall be followed and incorporated into the plans. 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." 5. No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 6. 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. No structure shall be permitted in any easement. 8. 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. 9. Windows: The type of windows proposed should be identified on the plans. C:\Documrnts and Settuigs~aweLsh~ivfy Documcnts~Schudc - Lnt 3 -1-15.02d« Yi~l.li f File No. DR-01-024.• 14221 Saratoga-SunnyvaleRoaa~ Lot3 10. A landscape plan shall be submitted to the Director during the building permit plan check review. This plan shall meet all of the requirements outlined in Section 15-47 of the City Zoning Ordinance: 11. Correct Lot Number; The APN for Lot 3 should be corrected to 503-23-016. CITY ARBORIST All recommendations in the City Arborist's Report dated 6/16/01 and memo dated 8/6/01 shall be followed and incorporated into the plans. This includes, but is not limited to: 1. In order to retain tree # 36, the footprint of the house shall be relocated 10 feet from the trunk of the tree. 2. That portion of the retaining wall within 25 feet of the trunk of tree # 52 must be constructed by a pier and on grade beam design, without a footing. Fill soil behind this wall must be thoroughly porous and must be spread by hand 3. Construction period fencing should be provided as noted on exhibit "B". Fencing must be chain link, 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 be located exactly as shown on the attached map. 4. There must be no grading, trenching, or surface scraping beneat'~ the drip lines of retained trees. Where this may conflict with drainage or other requirements the arborist must be consulted. 5. Trenches for any utilities (gas, water, phone, TV cable, etc.) must be located outside the drip lines of retained trees unless specifically indicated on the enclosed plan 6. Supplemental irrigation must be provided to retain trees #36, 44, and 52 during the dry months (any month receiving less than 1 inch of rainfall). 7. Spread a full 3- inch layer of coarse wood chips over thee entire root zone exposed to construction activity for trees # 36 and 44. 8. A platform buffer must be placed between construction of the house and the protective fence for root protection of tree # 6. 9. Any old imgation lines, sewer lines, drain lines, etc. under the canopies of existing trees, if unused, must be cut off at grade and left in the ground. 10. 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 to prevent further soil encroachment. C:~Documcnts and Settings~aweLsh~tdy Documcnts\Schuck -Lot 3 -1-15.02doc ~ n f7 ~~L+ File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot 3 11. Any pruning must be-done by an International Society of Arboricultural certified azborist and according to ISA Western Chapter Standazds. 12. Landscape pathways and other amenities that aze constructed under the canopies of trees must be constructed completely on-grade without excavation. 13. Landscape irrigation trenches, which cross a root zone, and/or 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, and if the spokes of such a design are no closer than 10 feet apart at the perimeter of the canopy. 14. Sprinkler irrigation must be designed so that it does not strike the trunks of trees. Only drip or soaker hose imgation is allowed beneath the canopies of oak trees. 15. Lawn or other plants that require frequent imgation 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 boazd or other similaz material must 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. 18. Landscape materials must not be directly in contact with the bazk of a tree due to the risk of disease. 19. Materials or equipment must not be stored, stockpiled, dumped under the drip lines of trees or buried on site. Any excess materials must be removed from the site. 20. Trees # 39, 40, and 42 have a value of $11,976. An equivalent value is two 48 inch boxed, one 36 inch boxed, and one 24 inch boxed native specimens. There aze other equivalent alternatives. Replacements are suggested 21. Tree # 34 has a value of $2,493 which is equivalent to two 36 inch boxed native specimens. If tree #34 is removed as recommended, replacements are suggested Acceptable tree native tree replacements aze: Coast live oak, valley oak, big Ieaf maple, California buckeye, coast redwood 22. The combined value of the retained trees is $65,332, a bond equal to 20% ($13,066) of the total value of the trees has been retained to assure their protection. The applicant placed a bond for $98,776 at the time of subdivision approval to assure tree protection. 23. Prior to Building Depamnent 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 C:~Documents and Settings~aweLsh~Ivly Documencs~Schuck - I.nt 3.1.1S02doc Oll~AA~ w File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot 3 24. Any future landscaping shall be designed and installed in accordance with the i Arborist's recommendations. FIRE PROTECTION DISTRICT - All recommendations in the Sazatoga Fire District review of June 18, 2001 shall be followed and incorporated into the plans.' This includes, but is not limited to: 1. Roof covering shall be fire retardant, Uniform Building Code Class A prepazed or built up roofing. 2. Early warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the Ciry of Saratoga code Article 16-60. (Alternative requirements, sprinkler systems) 3. Automatic sprinklers shall be installed in newly constructed attached/detached garages (2 heads per stall) workshops, or storage areas which aze not constructed as habitable space. To ensure proper sprinkler operation, the gazage shall have a smooth flat, horizontal ceiling. The designer is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. 4. Fire hydrants shall be located within 500 feet from the residence. These fire hydrants should be installed and accepted prior to construction start. 5. Automatic sprinklers aze required for the new dwelling. A 4 head calculated sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. A licensed contractor shall install the sprinkler system. 6. Driveways shall have a 14 foot minimum width plus 1 foot shoulders. 7. Curves: Driveways shall have a minimum inside radius of 21 feet. 8. Turnouts: Construct a passing turnout 10 feet wide and 40 feet long as required by the fire district. Details shall be shown on the building plans. 9. Turn-around: Construct a turn around at the proposed dwelling site having a 33 inch outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fire district. 10. Parking: Provide a pazking area for two emergency vehicles at the proposed dwelling site or as required by the fire district. • C:~Documcnts and Settings~awcLshVvly Lbcuments~Schuck - Lnt 3 -1-1S-02doc v~ !l !1 l1.~ Cl File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road Lot 3 • CITY ATTORNEY 1. 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. 2. 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 (IS) days from the date of adoption. PASSED Alva AnOPTED by the City of Saratoga Planning Commission, State of California, this 23rd day of January, 2002 by the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby acce ted upon the ex ress terms and conditions hereof, and shall P P have no force or effect unless and until agreed to, in writing, by the Applicant, and C:~Documents and Settings~aweishuvty Lbcumcats~Sc6uck -Lot 3 -1-LS-02doc File No. DR-01-024.• 14221 Saratoga-Sunnyvale Road, Lot 3 Property Owner or Authorized Agent. The undersigned hereby aclrnowledges the approved terms and conditions and agrees to fully-conform to -and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent C:~Documents and Settings~awelsh~My Docummts~Schuck -Lot 3 -1-15-02dac Date • • • oooozo • BARRIE D. COA, j AND ASSOCIATES Horticultural Consultants (408) 353-1052 Fax (408).353-1238 23535 Summit Rd. Los Gatos, CA 95033 Attachment 2 TREE SURVEY AND PRESERVATION RECO ATIONS AT THE SCHUCK PROPER 14221 SARATOGA-SUNNYVALE R SARATOGA Prepared at the Request of: Community Planning Dept. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 • Site Visit by: Michael L. Bench Consulting Arborist June 16, 2001 Job # 07-00-176-O1 Plan Received: June 7, 2001 ~lan Due: July 10, 2001 • ~ ~~~a~~ ~ JUL 2 3 2001 CITY OF SARATOGA COMMUNITY DEVELOPMENT nr~nn~~ TREE SURVEY AND PRESERVAZ'ECONA~NDATIONS AT THE SCHUCK PROPERTY LOT 314221 SARATOGA-SUNNYVALE ROAD SARATOGA Assignment At the.reQuest of the_Community Planning Department, City of Saratoga this report reviews the proposal to construct a new home on a vacant lot in the context of potential damage to or the removal of existing trees. The trees at this site were evaluated in a report by this office dated July 25, 2000. The particulars of the trees on site, including their condition, has not changed enough to warrant a reevaluation. 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. Comments and suggestions contained in this report presume that the locations of trees in relation to proposed construction are accurately presented on the plans provided. Summary This proposal exposes eighteen trees to some level of risk by construction. Three trees (#39, 40, and 42) would be removed by implementation of this design. Installation of replacement. trees, which equal the values of the trees removed is suggested. Procedures are suggested to mitigate the damage that would be expected to the retained trees. A bond equal to 20% the value of the retained trees is suggested unless bor..d funds were previously deposited for the protection of these trees. Observations There are seventeen trees on this site and one tree (#93) is located on the adjacent property toward the north that are at risk of damage by proposed construction. The attached map shows the locations of these trees and their approximate canopy dimensions. Each tree was tagged with a metallic label indicating its assigned number during the 2000 examination. The eighteen trees are classified as follows: Trees #30-33, 35-37, 39,40, 42,44-48, 52 and 93 coast live oak (Quercus agrifolia) Tree #34 coast redwood (Sequoia sempervirens) The health and structure of each specimen is rated on a scale of l to 5 (Excellent -Poor) on the data sheets that follow this text. Please note that each trees structure is distinguished from health. The structure rating is a visual evaluation of each tree's ability to remain standing and to maintain its branching without breaking or splitting apart. Damage of this nature can occur despite exceptional health. Also, structure is not an aesthetic focus. A tree that has an excellent structure may not necessarily be aesthetically pleasing. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 16, 2001 nnnn~~ • C7 • TREE SURVEY AND PRESERVA'lT~iZECONII~NDATIONS AT THE SCHUCK PROPERTY LOT 314221 SARATOGA-SUNNYVALE ROAD SARATOGA Because the various combinations of health and structure sometimes r+eyuire interpretation, the combination of health and structure ratings for the 18 trees are converted to individual descriptive ratings as follows: Exceptional Fine Fair Marginal Poor S ecimens S imens S imens S imens S imens 37, 44 30-33, 35, 39, 36, 46-48, 93 40, 45 34 . 42, 52 Excepdonal specimens must be retained at any cost and whatever procedures are needed to retain them in their content 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. Tree #93 is located on the adjacent property toward the north. I recommend that this tree must be treated as Exceptional regardless of condition. Impacts of Construction - Trees #40 and 42 are located in the footprint of the proposed new house. Tree #36 would suffer significant root damage during construction of the new house and it would lose 30% - 40% of its canopy. In this event, tree #36 would not survive. If the footprint of the house were to be relocated 10 feet from the trunk of tree #36, it would survive in good condition, if also provided with cultural support (mulch, irrigation, and a platform buffer). It appears that the footprint would have to be relocated about 6 feet toward the south to achieve this objective. The Grading and Drainage Plan, sheet A-2, shows that a retaining wall is proposed adjacent to the trunk of tree #52. If this wall is constructed with a typical footing, tree #52 may be severely damaged, partially due to its maturity. Excavated soil for the basement or excavations for the Footings must not be piled under the canopies of trees because of the likelihood of significant root damage. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JCJNE 16, 2001 n~nnn~~ TREE SURVEY AND PRESERVATIbarRECOMIviEA1DATIONS AT ~ ~ 3 THE SCHUCK PROPERTY LOT 314221 SARATOGA-SUNNYVALE ROAD SARATOGA In addition to the specific risks noted, the retained trees maybe 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. 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 root tips. 6. Broken branches or bazk injuries as a result of construction equipment passing too close. 7. 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. 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. In order to retain tree #36, I recommend that the footprint of the house be relocated ~- 10 feet from the trunk of this tree. 2. I recommend that the portion of the retaining wall within 25 feet of the trunk of tree #52 must be constructed by a pier and on-grade beam design, without a footing. Fill soil behind this wall must be thoroughly porous (i.e. fill must be rock, gravel, or sand without granite -fines or no soil with 10% or more. of clay). Spreading of fill soil must be by hand. 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 1 &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. 4. There must be no grading, trenching, or surface scraping beneath the driplines of retained trees, (either before or after the construction period fencing is installed or removed). Where this may conflict with drainage or other requirements our office must be consulted. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 16, 2001 • • !3!~(ltl~.t 4 TREE SURVEY AND PRESERVAT1uN RECOMNIDIDATIONS AT [`~+.a 4 THE SCHUCK PROPERTY LOT 314221 SARATOGA-SUNNYVALE ROAD SARATOGA 5. Trenches for any utilities (gas, 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 our office. 6. Supplemental irrigation must be provided to retained trees #36, 44, and 52 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 laid in a circle 6 feet from the trunk of the tree. 7. Spread a fiil13-inch layer of coarse wood chips over the entire root zone exposed to construction activity for trees #36 and 44. Spreading must be done by hand. 8. A platform buffer must be placed between construction of the house and the protective fence for root protection of tree #6. A platform buffer consists of 4 full inches of coarse bazk chips (shredded redwood is not acceptable for this propose due to its compressibility) bespread over the existing grade, which must immediately be covered by 1 inch plywood (full sheets), tied together, and secured to prevent slippage. This platform is sufficient for workers on foot using hand carried tools. This platform must cover the entire exposed root zone area adjacent to construction. 9. Any old irrigation lines, sewer lines, drain lines, etc., under the canopies of the existing trees, if unused, must be cut off at grade and left in the ground. 10. 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. 11. Any pruning must be done by an International Society of Arboricultural certified arborist and according to ISA Western Chapter Standards, 1988. 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, and/or 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, and if the spokes of such a design are no closer than 10 feet apart at the perimeter of the canopy. 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. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 16, 2001 nQ~Q~S TREE SURVEY AND pRESERVATIRECOM[~NNDATIONS AT ~ ~ THE SCHUCK PROPERTY LOT 314221 SARATOGA-SUNNYVALE ROAD SARATOGA 5 l 5. 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 must 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. l 7. 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. l8. 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 under the driplines of trees, 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, 1992. Trees #39, 40 and 42 have a value of $11,976. An equivalent value is two 48-inch boxed, one 36-inch boxed, and one 24-inch boxed native specimens. There are other equivalent alternatives. Replacements are suggested. Tree #34 has a value of $2,493, which is equivalent to two 36-inch boxed native specimens. If tree #34 is removed as recommended, replacements are suggested. Acceptable native tree replacements are: Coast live oak - Quercus agrifolia Valley oak - Quercus lobata Big leaf maple - Acer macrophyllum 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 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. The combined value of the retained trees is Sb5,332: PREPARID BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 16, 2001 nr~nr~~~ ~ ~.,, TREE SURVEY AND PRESERVATION RECONA~IEAIDATIONS AT 6 THE SCHUCK PROPERTY IAT 314221 SARATOGA-SUNNYVALE ROAD SARATOGA If a bond has not been established to assure protection of the retained trees, I suggest a bond equal to 20% (~ 13,066) of the total value of the trees that will be retained to assure their protection. Respectfullysu ~ d, .-.r~+- Michael L. Bench, Associate B oate, Pnncipaf MLB/sl Enclosures: Glossary of Terms Tree Data Accumulation Charts Tree Protection Before, During and After Construction Protective Fencing Radial Trenching Beneath Tree Canopies Platform Buffer Map • • PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 16, 2001 nnnn~*7 BARRIE D. COA~la1ND ASSOCIATES ~'' Hotficutturat Consultat~s (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. dos Gatos, CA 95033 GL065ARY Co~lomioant (stems, branches) equal in size and relative importance, usually associated with either the trunks or stems, or scaffold limbs (branches) in the crown. Crown -The portion of a tree above the trunk including the branches and foliage. Cultivar - A named plant selection from which identical or nearly identical plants can be produced, usually by vegetative propagation or cloning. Recurrent - A term used to describe a mature tree crown composed of branches lacking a central leader resulting in around-headed tree. Eacarrent - A term used to describe a tree crown in which a strong central leader is present to the top of a tree with lateral branches that progressively decrease in length upward from the base. Girdling root - A root that partially or entirely encircles the trunk and/or large buttress roots, which could restrict growth and downward movement of photosynthates. Included bark -Bark which is entrapped in narrow-angled attachments of two or more stems, branches, or a stem and branch(es). Such attachments are weakly attached and subject to splitting out. Kinked root - A taproot or a major root(s) which is sharply bent and can cause plant instability and reduction of movement of water, nutrients, and photosynthates. Root rnllar -The flared, lower portion of the base of a tree where the roots and stem merge. Also referred to as the "root crown". Leader -The main stem or trunk that forms the apex of the tree. Stem -The axis (trunk of a central leader tree) of a plant on which branches are attached. Temporary branches - A small branch on the trunk or between scaffold branches retained to shade, nourish, and protect the trunk.of small young trees. These branches are kept small and gradually removed as the trunk develops. DeSnition of Woody Paris Trnnk -The main stem of a tree between the ground and the lowest scaffold branch. Scaffold branches - In decurrent trees, the branches that form the main structure of the crown. Limb - A major structural part. Branch - A smaller part, attached to a limb or scaffold branch. Branchlet - A small part, attached to a branch Twig -Avery small part attached to a branchlet. Leaf -The main photosynthetic organ of most plants. ~~nnn~Q - . . _ . 4 _ _ k;•~<. - " BARRIE U C TE3/ - - . Horficultural _ C _~4Q8~ 3 5 -c - -.~ .~y. ~ Fax {408) 3 - ._ _ -235 ~yS~mm~~`~ 1: -. ..-. - ~ - f :. ,,... _ TREE 052 -- --. G - - ~- ~'-. - c -' .~~.~s ~ M S ts~ w•J~ 1 .- i ~ G _ eaS. --i_' TER coNSTRUCriox~- Plan location of trenching to avoid all possible cuts beneath tree canopies. 'ibis includes trenches for utilities, irrigation lines, cable TV and roof drams. .- ~-~r.._ ter.. ~ _, z Plan construction period fence locations which prevent equipment travel or material storage beneath tree canopies ~: :~~ ~ _ - . Install fences before any construction related equrpme~ is allowed on sits.-This includes pickup - --= z _ - trucks. - __ _ Inform subcontractors in writing that they must read this documem. Require return of signed copies to demonstrate tliat theyhave-read the document. ~ _ ~ ~ ~.~- ', - . - Prune any tree parts, which conflict with construction-between August and January. Except for pines which may be pruned between October-January. Only an ISA certified arborist, using ISA pruning instructions may be used for his work. If limbs are m conflict with the construction equipmem before the certified arborist is on-site, carpenters may cut off offending parts of 6" diameter or less, leaving an 18" long stub, which should be re~ttt later by the arborist. Under no circumstances may any party remove more than 30% of a trees foliage, or prune so that an unbalanced canopy is created. DURING Avoid use of any wheeled equipment beneath tree canopies. Maintain fences at original location in vertical,- undamaged conditian until all contractors and .. .- subcontractors, including painters aze gone. Clear root collars of retained trees enough to leave S-6 buttress roots bases visible at 12" from the trunk.. _,. .. _...._ Irrigate trees adjacent to construction activity during hot months (June-October). Apply 10 " gallons of water per 1" of trunk diameter (measured at 4 '/s') once per 2 week period by soaker hose. Apply water at the dripline, or adjacent to construction not around the trunk: Apply mulch to make a 3" deep layer in all areas beneath tree canopies and inside fences. Any organic material which is non toxic may be used. i' - - ,-. AFTER ~ - ~ - - ~ - -_ - -- - - ._ --• - Irrigate monthly with 10 gallons of water per 1" of trunk diameter with a soaker hose, placed just inside the dripline. Continue until 8" of rain has fallen. a Avoid cutting irrigation trenches beneath tree canopies... _ _ _. • .. ,~. ~ J .. Avoid rototilling beneath tree canopies since that will desTroy the small surface roots whicL ,~ -- :. _:. - absorb water. _ :-, ; . .. _.., _ _ . _ _ •t- Avoid installation of turf or other frequently irrigated plants beneath tree c~aaopres: ~ `` `' ' ' t `"`y ~,: _ .. _ _. - • .: -- _. .: - - - .- :--- _ -.- - _ 0 ~"~ w ~ ~44 E-+ ~ U O~ 'N~ V'-' Gov U ~~ n O ~ J h~ ~ w M w W ~ ~ o ~ ~ ~ o x294 ~ 7 ~ ~ ° x ~ ~ Z .: J iS~ air ~. ~_ E- x Z W A r../ b i; ~~~ 1 f~ ' L N':~ ~ z~o:~ ~~a c~,~n o~~~ s~ W a,~'~ 3~ O y a:~ c a~.~~ ~~, Og~~ ~~ ~a a °a a a.~ a W ~~ ~ z~~ S N .r ~ °~~~~ ap ,rte U~~~~ ~ o~~ ~~~~~ Fo~~a~ Q - ~ ~ 7 pG~ovB ~:= " _} ` . .. ! i ~, ~~ tI I. . ~': C C • :2 ~ a , .: ~ C) a Z . ~ ~ ~ °° 6n _ o V ri a ~, ~ ~ ~ ~ . . • ~ ~ C U ` 11 C~ V .... . ~ U .--. ~ 1 pp G ~ cd Q `3 ~ _ _ ° ' ~ ~- ~ p ~ ~-~ A ~ ~r o.,•o v ,o ~ ~ ~ ° ~" ~~ c 'C . ~ ~ a" O aN ~ a~~ ~x C~G ~ ~i~va~ u~rjO~+ • • • • e~'v e°' yam • • ~n~r~~,..,. .- -- _ _ ~r ~- _ ~ - ._- - - ~ - _ -_- - •• -- ~ -' _ - d ~- - r +V `"`v-+y~- • `~f ~ _ - - r ~: ~ . ~ ca l ~ _., o _ ~ ~ ~' - •~ 111 _ 1 •~ I O _ - R ~ c _ ~ ``` _ ~ ~ _ : ~Jt . ~ '~ q ` ',``' L.S. ~'~ ,~ •~ .'~~;;. ~.' , i ~' .•~ i ~~ ~ ~ ~~ d - C ~ 3 ~ a d O'; w ~ d N . Q _o1-i i m c C ~ 'V ~C .~ v •o A - ~ •~ s S O ~ U ~ - ~~ ~ ~ L ~ - ,. H C ~ ~ a Q~ '~~ ~~ ~ ~ vNf ~ ~ ~ ~a ca ~ Fiy \ A ~ ~ N d ~ N N oc ~ c ti d s~ S O.~ u ce ~ ~ ~ 'Ci ~ ~ ~ = vNi ~ of +' • -,.. ~-a~ ~ o^ ~s . - --- - - - -- -- N O M ~ H - ~ ~ O t ~ ~ -- N -- - - ~ }, ~ ~ ~ ` ~ .a • L ~ of O U •v ~ ~ U N Q ~ •~ 0 ~ ~ ~ ~ ,~ _ . '~~ o E Z eo . _ _ .. , ~ d trl _ O~ _ .. r'd t ._ - _,L, N C d ~ d ~'`~ A 1-inch Plyv~,ood and Wood Chips Platform Buffer - . for Areas Beneath A Tree Canopy which Must Be Used for Foot Traffic • Prepared by: Barrie D. 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COA; t -AND ASSOCIATES Horticultural Consultants (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 August 6, 2001 City of Saratoga Community Planning Department 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Schuck Property F'~ ~~ MEMO: This is in response to the letter to Mr. Larry Schuck from David Babby, certified arborist, dated July 30, 2001, received by this office August 3, 2001. This is to clarify Recommendation # 1 of the Tree Survey report by this office dated June 16, 2001. I recommend that the footprint of the proposed house be relocated 10 feet in order to retain tree #36. Mr. Babby appears to interpret this to mean that we recommend that the size of the house is to be reduced. On the contrary, I recommend only that the proposed house footprint be relocated. There appears to be adequate space to achieve this objective. Modifications to the driveway and the entry pathway appear to be the most - significant changes to accommodate this requirement. This appears to be a reasonable accommodation given the fact that tree #36 provides a sizable screen between this site and the adjoining property. A 36-inch boxed replacement tree, which equals the value of tree #36 would not equal the canopy mass of tree #36. A replacement boxed specimen would be about half of the size of the existing tree and would take several years to reach the size of tree #36. Indeed, the structure of tree #36 is poor, but this could be managed with a "through-bolt" and a cable. I think this is a reasonable accommodation for a tree that provides valuable screening. Tree #7 does not meet the size requirement of the city ordinance, and for this reason is not mentioned in the report of June 6, 2001. Respectfujly s ~tte Michae .Bench, soc~ t~ B e D. Coate, Principal MLB/sl o~~~u~~~ AUG 14 2001 CITY OF SARATO(;A COMMUNITY DEVELOPMEN~~~0 3`7 lti •a ~. 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F ~. a -i d$ s t 9 ie !~ ~ !% ~ j3 t e ~1~ t 1 I ! ! ! e _~_-_ ry~a. m ~ J,I ~E a '~~ FF -1d s 151 ~o- ~ Jl m~ I. --! _9 ~~ Ifp 1 _I ._ ~- E ~'- N..e.~ !~ p [I' k ~F i ~11 i I ' -1 # f -~ S 4 F ~F s f ~ i ~E j ~1----~ -J$ f i ~F _- I ~ ~ I . ~~+1 1 9i' f 11 ` I e ~ II c~i 5e~1 I 31 l4_ ~t~ ! ' ,. k;. . i `. f ~ 3 z•!1 iil3 $,s9° sjt~7 t -- JSI Iy -ar i51 !qi _IiE A - E 1 I ~ ~I I! x ~ ~ I I ~ r ,3 3 ~ -~ - 5 _ ` I~ - ~~ ~ IQ 'E l - I r - ' i ~ ~ ` i- g [ t I =11 [ l I - E k i ail - p 3 'I II S ; 3 L i x8.! }}}; ~!f!: F)}Z~ ITEM ~ REPORT TO THE PLANNING COMMISSION Application No./Location: DR-O1-025,14221 Saratoga-Sunnyvale Road -Lot 4 Applicant/Owner: Larry Schuck Staff Planner: Ann Welsh, AICP -Assistant Planner ~~~ ~~~/ Date: January 15, 2002 APN: 503-23-016 Department Head: i i K ~~ B iFe~ _ r~~ 14221 Saratoga -Sunnyvale Road -Lot 4 / j i ' ~ ~ ~ \i ~ ~ ~ ~ ~ N I ~ >, I j ~ I ~ ~ I ~ c~ rn 0 .., c~ ct~ ~~\ ~~`/ 000001 ~.~. ``~ U'.. a ';.,, ~ ~',L a i EXECUTIVE SUMMARY CASE HISTORY Application filed: 06/05/01 Application complete: 12/28/01 Notice published: U9/02 Mailing completed: 1/9/02 Posting completed: U4/02 PROJECT DESCRIPTION The applicant proposes to construct a 4,016 square foot, single-story residence on a nev~~ly created parcel, which was a portion of the grounds of the B. Grant Taylor House, which is listed on the Survey of Historic Resources. The maximum height of the residence is proposed to be 18 feet. The site, locatedwithin an R-1-15,000 zoning district, contains 18,560 gross / 18,120 net square feet. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR - Ol 025 ATTACHMENTS . 1. Draft Resolution DR-O1-025 2. Arborist Report dated June 16, 2001 3. Plans, Exhibit "A' C~ ~....~ QD~~~iZ. File No. DR-01-025.• 14221 Saratoga-Sunnyvale Roam Lot 4 STAFF ANALYSIS - ZONING: R-1-15, 000 GENERAL PLAN DESIGNATION: M-15 -Medium Density Single Family Residential MEASURE G: Not applicable PARCEL SIZE: 18, 560 squaze feet (gross), 18, 120 square feet (net) AVERAGE SITE SLOPE: Average Slope of Lot 4 is 9.9%. Slope at Building Site 11.8 GRADING REQUIRED: A grading permit is required since the proposed grading on the site will have a significant impact on the root system of the existing trees. The proposed construction would involve a total of 157 cubic yards of cut with a maximum fill of 440 cubic yards according to the submitted site plan. The building requires 213 cubic yards of fill. The basement requires 137 cubic yazds of cut. The garage requires 127 cubic yards of fill. The driveway requires 100 cubic yards of fill. The maximum depth of cut is indicated as 8 feet and the maximum depth of fill is 8 feet. ENVIRONMENTAL DETERMINATION: The proposed project consisting of construction of a nevv single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3~ (a) of the Public Resources Code (CEQA). This-exemption allows for the construction or conversion of up to three single-family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of constructing one single-family residence and associated out buildings. MATERIALS AND COLORS PROPOSED: The exterior finish proposed is gray/tan cobblestone veneer at the base with brown wood shake wall siding; proposed window trim is off-white. Class "A" multi-colored, high definition asphalt shingle roofing material is proposed. • C:~Documrnts and Scttings~awelshVvty Documcnts\Schuck -Lot 4adoc 000003 F' e No. DR-01-025.• 14221 Saratoga-Sunnyvale Road, Lot 4 Lot Coverage: R-1-15,000 Building Footprint Porches, Driveway, Walkways TOTAL (Impervious Surface) Floor Area: First Floor Garage (Basement) TOTAL Setbacks: Height: Front Rear North Side South Side One story residence with attached garage Proposal 32% 4,016 sq. ft. 1,970 sq. ft. 5,986 sq. ft. 3,348 sq. ft. 668 sq. ft. (1,344 sq. ft.) 4,016 sq. ft. 57 ft. 57 ft. 15 ft. 15 ft. 18 ft. Code Requirements Maximum Allowable 50% 9,060 sq. ft. Maximum Allowable 4,284 sq. ft. Minimum Requirement 45 ft. 6 in. 57 ft. 15 ft. 12 ft. Maximum Allowable 26 ft. CiDocumencs and SctringslaweLchVviy Documrnts~Schuck - Int 4ada ~ U 0 ~ O~ File No. DR-0I-OZS.• 14221 Saratoga-Sunnyvale Road Lot 4 PROJECT DISCUSSION Design Review This application for Design Review involves construction on Lot 4 of the recent Schuck subdivision located at 14221 Saratoga-Sunnyvale Road. This south corner lot, accessed from Saratoga-Sunnyvale Road by a yet unnamed cul-de-sac, contains 18,120 square-feet. The proposed one story dwelling and attached garage contains 4,016 square feet above ground and a 1,344 squaze foot basement. The maximum height of the house is 18 feet. The site is located in the R-1-15,000 zoning district. The single story house is located on a portion of what was the B. Grant Taylor House parcel. The proposed house style is compatible with its historic surroundings. The single story structure contains a low pitched cross gabled roof with wide unenclosed eve overhang. The house is similaz in character to the restored, historic Craftsman-style home that is located within the subdivision. The existing historic house is located on Lot 2 which is across the private road and north west of Lot 4 . The three new homes that are proposed in the Schuck subdivision are of the same Craftsman-style architecture and thus reflect the existing chazacter of the area. The home has frontage on both Sazatoga-Sunnyvale Road and the newly created private road Since the structure is only 18 feet in height and is setback 54 feet from Saratoga-Sunnyvale Road behind a six foot high fence that is proposed along the arterial frontage, the home should blend into the existing streetscape. The character of the surrounding neighborhood is eclectic in terms of style with the predominant styles of home being ranch and bungalow. The streetscape to the east across Saratoga- Sunnyvale Road is vacant and wooded Thus the "sense of history" is reinforced by the design of the proposed house since it is similar in style to the existing historic home while also complementing the surrounding neighborhood by maintaining a scale that does not overwhelm neighboring homes. Necessary Findings The Zoning Ordinance, Section 15-45.080 identifies the following findings as necessary for granting Design Review approval. (a) Avoid unreasonable interference with ~~iews and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and mini,,,;~ing tree and soil removal; grade changes will be minim;~ed and will be in keeping with the general appeazance of neighboring developed azeas and undeveloped areas. (c) Minim»e perception of excessive bulk. The proposed main or accessory structure, in • relation to structures on adjacent lots and to the surrounding region, will tlLnimi~e the perception of excessive bulk and will be integrated into the environment. C:~Documents and Settings~awclsh~Ivty Documcncs\Schuck -Lot 4adoc L ~~ ~ O~ File No. DR-01-025.• 14221 Saratoga-SunnyvaleRoa~ Lot 4 (d) Compatible bulk and height. The proposed main or accessory structure 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 (iii) unreasonably impair the light and air of adjacent properties and their ability to utilize solaz energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the Ciry. (f) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook. Actual Findings The following findings have been made regarding the proposed new construction. (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. Views to adjacent homes are generally oriented to maintain privacy. Lot 4 abuts Sazatoga- Sunnyvale Road and privacy of the front yard is maintained by the six foot high redwood fence proposed along the streetscape. The north side of the house abuts the new private road and is much lower than Lot 1 and this difference in elevation creates an effective privacy buffer for the north side of Lot 4. To the west of Lot 4 is the open space area of the development. Privacy of neighbors south of Lot 4 can be effectively maintained by a fence or landscape buffer to the rear and west side of the lot. Some ~zsual buffer is recommended in this area due to the proximity and louver elevation of the abutting neighbors. The rear terrace projects about 12 feet beyond the rear setback line. This nonconformity could be eliminated by locating the house at the minimum front yard setback line. Noise emanating from the attached garage will have little impact on adjacent dwellings. The Lot 4 garage is located at the front of the lot adjacent Saratoga-Sunnyvale Road. There are no neighbors in this area. (b) Preserve Natural Landscape. 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 beeping with the general appearance of neighboring developed areas and undeveloped areas. The plans indicate a 9.9% average slope across the property and a 11.8 % slope at the building site. A five foot retaining wall is proposed around two thirds of the building site. I G:~Documcnts and Scttings~awelsh~Ivty Documents~Schuck -Lot 4adoc /'- (~ o ~ O V File No. DR-01-O25.• 14221 Saratoga-Sunnyvale Road Lot 4 Since the proposed grading will involve disturbing the root system of the surrounding trees a grading plan is recommended for this lot. The grading plan should depict regrading outside of the drip line of the existing trees. The proposed design exposes I7 trees to some level of risk by construction,. four of these trees are to be removed because they lie in the footprint of the structure. Replacement trees equal to the value of these trees are recommended (c) Minimizeperception ofexcessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the environment. The design uses materials and color to reduce the perception of bulk. The design calls for cobble stone veneer at the foundation wall, column plinths and chimneys. Wood is used on the window trim and casing, porch rail, tapered square porch columns, the trellised porch and rafters. The cedar shake shingle facade treatment adds texture to the elevation. Brick porch and steps define the entryway. Craftsman style windows with smaller panes in the upper sash and a single pane in the lower sash reinforce the horizontal proportions of the house. The design uses architectural features to breakup massing. The roof is cross-gabled which reduces the mass of the roof line. The main entrance is recessed within a small porch at the entry. The covered; recessed porch with simple single front door is low profile in design and proportion. (d) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulb 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 (iii) unreasonably impair the light and air of adjacent properties to utilize solar energy. The proposed single-story house is compatible with the surroundings, reflecting the restored, historic Craftsman-style home that is located within the subdivision. All three nevv homes that are proposed in the subdivision are of the same Craftsman-style architecture and thus reflect the existing character of the area. The character of the surrounding neighborhood is eclectic in terms of style with the predominant styles of home being ranch and bungalow with a few two story homes in the neighborhood. Thus the proposed house since it is similar in style to the existing historic home and single story, complements the surrounding neighborhood while maintaining a scale that does not overwhelm neighboring homes. The orientation of the house maximi es the southern exposure since the rear patio and terrace are southwestern in orientation. Also, since the house is an 18-foot single story dwelling, the location of the house does not alter the solar access of adjacent properties. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the Ciry. C:~Documrncs and settings~awcLshUviy DocumentslSchuck - I~t 4a.doc (~ ('io OO~"J File No. DR-01-O25.• 14221 Saratoga-SvnnyvaleRoad, Lot 4 • The proposed design retains the natural topography since changes to the grade surrounding the house are minimal. However, a grading plan is recommended due to the significant potential impact of regrading on the existing trees. (~ Design policies and techniques. The proposed home will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook The proposed project conforms with Residential Design Handbook Policy #1, mLnimize the perception of bulk. Technique #3, reduce perception of bulk is addressed with use of natural materials &r colors. Technique #6, use architectural features to breakup massing, is addressed with single story design, with cross gabled roof line and recessed entrance. Policy #2, integrate structures with the environment, Technique #1, use of natural colors and materials is addressed through use of stone foundation material, cedar shake siding and neutral colors. Technique #4, integrate all structures on the site is addressed by combining the garage and house in a single structure. Policy #3, avoid interference with privacy, Technique #1 is addressed by the proposed fencing and retention of existing trees. Technique #3, maintain landscaping to enhance privacy is addressed by requiring streetscape planting and fencing, minimizing tree removal and requiring tree replacement. Policy #4, preserve views and access to views, Technique # 2, which calls for maximi ing views while avoiding privacy conflicts, is addressed by placing fencing in areas of potential conflict. Policy #5, design for energy efficiency, Technique #1, design for maximum benefit of sun and wind is addressed since the rear patio and windows are southwest facing in orientation. Technique #3, allow light, air and solar access to adjacent homes, is addressed since the single-family house does not encroach on the solar access of neighbors. Thus the above analysis concludes that the findings required for granting design review approval can be met. The City Arborist and the Saratoga Fire District have re~~iewed this application. Their comments are included as concL'tions of approval. Community Development 1. The development plan shall be revised located and constructed as shown on Exhibit A, incorporated by reference. 2. General Plan: The General Plan designates this area as M-15 which recommends medium density single family dwellings with a density of 2.9 dwelling units acre. This house is located in Area "B": Congress Springs -Pierce Road Area of the General Plan. The proposal is consistent with the Area Plan policy of maintaining the single family character of the area. Two of the applicable issues identified in Area "B° aze as follows: • Improve the streetscape of Saratoga-Sunnyvale Road by means of dense plantings or sound walls • Create bike paths on both sides of Saratoga- Sunnyvale Road C:\Documents and Settings~awclsh~Ivly DocumenGS\Schuck -Lot 4adoc ~ nnnnn~ File No. DR-01-O25.• 14221 Saratoga-Sunnyvale Roat~ Lot 4 The subdivision plan for this lot indicates landscapuig, fencing and a trail along Saratoga Sunnyvale Road which is consistent with the General Plan policy of improving the Saratoga -Sunnyvale Road streetscape. 3: Maintenance Agreement: This home is part of a four-lot subdivision which received approval subject to conditions outlined in resolution number SD-00-003. The conditions of approval refer to Exhibit "A" which contains a landscape plan- depicting aSaratoga- Sunnyvale Road streetscape with trail, fencing and landscaping. Exhibit "A" also depicts Parcel "A" which is private open space with an access trail, and a private road. Since each property owner within the subdivision will have an interest in the maintenance of these elements of the plan, the issue of joint maintenance of the common property should be addressed by development of a Maintenance Agreement, which assigns responsibilities regarding maintenance of these common elements. The final building department approval shall not be issued until the common property elements of Lot 4 are in place and accepted by the building department. 4. Landscape Plan: The application was submitted without benefit of a conceptual landscape plan. The submittal date for these plans predates the staff policy change whereby all design review applications require conceptual landscape plans. The applicant was asked to submit conceptual landscape plans but declined and requested that these plans be submitted after design review approval. In addition, the recent subdivision approval was conditioned upon receipt of a landscape plan showing the location of 16 - 36 inch boxed native replacement trees. The landscape plan and the tree planting plan should be furnished and the location of the replacement trees with respect to Lot 4 should be identified prior to final zoning clearance. - 5. Fireplaces: The plans show one wood burning fireplace in the living room and one gas fired log fireplaces in the family room. 6. Grading and Drainage Plan: The plans indicate that total cubic yards of cut would be 157 to a maximum depth of 8 feet. The total amount of fill proposed is 440 cubic yards. The Arborist report indicates a discrepancy between the Grading and Drainage Plan submitted for the subdivision and the Design Review plans for Lot 4. Since development of this lot involves a lengthy retaining wall which would have a significant impact on existing trees on the site, a grading plan is recommended The grading plan should address the issues identified in the Arborist's report specifically the retaining wall, location of utilities and avoid regrading within the drip line of existing trees. 7. Parcel Number: The plans should be revised to provide the correct assessors parcel number for the lot, which is 503-23-016, Lot 4. 8. Setbacks: The plans should be revised to provide the correct front yard setback requirement, which is 45 feet 6 inches or 20% of lot depth. The interior side yard setback is 12 feet not 15 feet as shown on sheet Al. These dimensions should be corrected. 9. Light Well: The plans depict a light well on Sheet A2 in the vicinity of the kitchen but the location of this light well is not shown on sheet Al, the site plan. The light well C-Documents and Settings~eLshUviy DocumcntslSchuck - I~t aa.d« 000009 File No. DR-01-025.• 14221 Saratoga-Sunnyvale Road Lot 4 cannot project into the side yazd. The interior side yazd is 12 feet and not the 15 feet shown on sheet Al. The side yard setback should be corrected to 12 feet and the light well should not be located in this setback area. 10.~ Building Height -The plans indicate a building height of 18 feet however it is not clear that these heights aze measured from the highest point of the structure to the immediately adjacent natural grade- not created by fill. This dimension should be provided via cut away profile of the structures highest points. The profiles shown on sheet A7 particularly sections "A" and "B" do not appear to depict to comply with this dimensional standard. 11. 'Nonconforming Rear Terrace: The plans depict a rear porch projecting about 12 feet into the rear yard setback The zoning ordinance allows porches to project into the rear yard setback no more than four feet provided they are not more than four feet above grade. The proposed porch appears to violate this requirement. 12. Fencing -The plans need clarification on the issue of fencing. Sheet Al contains a note that "no privacy fencing is proposed for this site" and also that a `Yedwood fence and gate to match retaining wall height" is proposed. These conflicting statements should be re~~ised. Also, fencing or landscaped buffer is recommended to the south and /west portion of Lot 4. This is due to the proximity of abutting neighbors and the view into abutting rear yards from the proposed rear porch. 13. Windows -The e of windows ro osed uld be cla ' i typ p p sho rif ed. It is unclear whether the ~~indows are double hung or some other design. Fire Protection District The Saratoga Fire District reviewed this application on June 18, 2001 and their requirements are included as conditions of approval: 1. Roof covering shall be fire retazdant, Uniform Building Code Class A prepared or built up roofing. 2. Early warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga code Article 16-60. (Alternative requirements, sprinkler systems). Early warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the fire district for approval. 3. Automatic sprinklers shall be installed in newly constructed attached/detached garages (2 heads per stall) workshops, or storage azeas which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall have a smooth Ilat, horizontal ceiling. The designer is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. C:~Documcnts and Scttings~awelshuvty DocumcntslSchuck -Lot 4zdoc ~ V O ~ 1O File No. DR-01-025.• 14221 Saratoga-Sunnyvale Road Lot 4 i 4. Fire hydrants shall be located within 500 feet from the residence. The Lot 4 plans should note the location of the proposed fire hydrant. These fire hydrants should be installed and accepted prior to construction start. 5. Automatic sprinklers .are required for the new dwelling. A 4 head calculated sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. A licensed contractor shall install the sprinkler system. 6. Driveways shall have a 14 foot minimum width plus 1 foot shoulders. 7. Curves: Driveways shall have a minimum inside radius of 21 feet. 8. Turnouts: Construct a passing turnout 10 feet wide and 40 feet long as required by the fire district. A turnout is proposed to the rear of Lot 1. 9. Turn-around: Construct a turn azound at the proposed dwelling site having a 33-inch outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fire district. The plans depict aturn-around adjacent the Lot 4 access drive. 10. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by the fire district. Geotechnical Review The subject site contains Sun soil, which is classified as an "Area of Relatively Stable Ground". The "Areas of Relatively Stable Ground" are predominately level areas with moderately steep slopes underlain with bedrock. Some areas are subject to soil creep, expansive clay rich soils and maybe on fill. These soils are considered stable and usually do not require a geologic report provided that the slopes are not excessive. Since the average slope of the site is 9.9 percent, additional geotechnical review was not required. The City Engineer has determined that the standard conditions of approval are sufficient. Soil and Erosion Control Plans The applicant should submit a soil and erosion control plan which identifies the techniques form;n;mi7;ng the impact of disturbance on adjacent properties. City Arborist Report The City Arborist has inspected Lot 4 and issued a report dated June 16, 2001. All recommendations in this report shall be followed and incorporated into the plans. This includes but is not limited to the issues addressed below. C:~Documrnts and Settings~awelshVvfy DocumentslSchuck -Lot 4adoc ~~nn~ ~ File No. DR-01-025.• 14221 Saratoga-Sunnyvale Road Lot 4 The report indicates that Lot 4 construction would potentially impact 17 trees. Tree removal permits have been granted for four trees that must be removed in order to construct the home. The azborist indicated that trees #67, 68, 78, 82-84, 89, 90, and 95 will suffer significant damage and would not be expected to survive over the long term. With the exception of tree #78, the other eight trees could be preserved if suggested design modifications are made. Recommendations of the azborist include the following items. 1. Tree # 67 is in conflict with the proposed pathway/trail shown on Lot 4 but part of the Open Space Pazcel "A". This proposed pathway would impact the root zones of trees #67, 68 89, 90 and 9~. These trees would suffer significant root damage by this proposed path. Tlie azborist recommends that this pathway be eliminated or constructed completely on grade without a soil cut inside the drip lines of existing trees. 2. Tree #78 is in conflict with the grading of the pad for the house. It appears that a cut would be made on the north side of the trunk within the drip line and fill would be made on the north side of the trunk also within the drip line. Tree #78 would not survive this grading. 3. A retaining wall is proposed on the north side of trees # 82, 83, and 84. Fill soil would be dumped, spread and compacted under the canopies of these trees on the north side of the retaining wall. These trees would not be expected to survive either construction of the • retaining wall or the fill without mitigation of the typical construction methods. The arborist notes a discrepancy between the location of the retaining wall on the Britt-Rowe plans for Lot 4 and the grading plan submitted for the subdivision. The grading and drainage plan submitted for the subdivision by TS Civil Engineering (sheet A-2) should take precedence over the Site plan by Britt and Rowe (sheet A-1). 4. There must be no grading, trenching , or surface scraping beneath the drip lines of retained trees, (either before or_ after the construction period fencing is installed or removed). Where this may conflict with drainage or other requirements our office must be consulted. The Arborist's report of June 16, 2001 contains other tree preservation recommendations, which shall become conditions of approval and are included as an attachment to this staff re~ort and will be contained in the Building Permit Plan set. Conclusion The proposed residence is designed to conform to the policies set forth in the Ciry'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 m;nim;~e the perception of bulk so that it is compatible with the neighborhood. The proposal if developed with conditions and • revisions further satisfies all other zoning regulations in terms of allowable floor azea, setbacks, maximum height and impervious coverage. C:~Documcnts and settings~aweLsh~Ivly Documents~Schuck - I~t 4adoc [~nn[1~J 2 - File No. DR-01-025.• 14221 Saratoga-Sunnyvale Road Lot 4 • STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-Ol- 025. • C:~Documcncs and Settings~awelsh~Ivty Documcnts~Sc6uck -Lot 4adac ^ ^ n • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • "000014 Attachment 1 • RESOLUTION NO. APPLICATION NO. DR-O1-025 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Schuck;14211 Saratoga -Sunnyvale Road -Lot 4 WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval for the construction of a new 4, 016 square foot residence on an 18,120 square foot pazcel; 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 e~~idence; and Whereas the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and roadway infrastructure and involves the construction of one single family home and associated out buildings; 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: Policy 1, Minimise the perception of bulk The design uses materials and color to reduce the perception of bulk. The project proposes cobble stone veneer at the foundation wall, column plinths and chimneys. Wood is used on the window'trim and casing, porch rail, tapered square supporting porch columns. The cedaz shake shingle facade treatment adds texture to the elevation. Brick porch and steps define the entryway. Craftsman style windows with smaller panes in the upper sash and a single pane. in the lower sash reinforce the horizontal proportions of the house. The design uses architectural features to break up massing. The house is single story with a cross gabled roof which reduces the mass of the roof line. Fenestration along the rear of the house includes 6 elongated door/windows with multiple panes in the upper windows and a lazge single pane in the lower portion of the sash. A trellised porch and patio aze served by the door/windows that open from the rear of the house. The covered, porch with simple single front door is low profile in design and proportion. • Policy 2, Integrate structures with the environment (~~0~~.5 File No. DR-01-025.• 14221 Saratoga-Srannyvale Road, Lot 4 The use of stone foundation materials, cedaz shake siding and neutral colors all serve to blend the house into the natural environment. Policy 3, Avoid interference with privacy The orientation of the house controls view to adjacent properties. Those portions of the house which contain outdoor living space aze oriented towazd the reaz of the house and the open. space. The privacy of the neighbor immediately north of the property is maintained since the Lot 1 neighbor is located at a higher elevation and has a privacy ferice. Staff recommends that fencing or some form of visual buffer be placed at the southwest portions of the lot to ensure privacy of south side/reaz neighbors. Re~~ising the -plans to ensure that the reaz terrace conforms with the rear yard setback will ensure privacy of neighbors to the southwest of the parcel. The house is designed to reduce noise impacts on adjacent dwellings. The garage is located toward the front of the property with access from the cul-de-sac. There are no abutting neighbors in the vicinity of the garage. Policy 4, Preserve views and access to views View to the west, north and east of Lot 4 are maintained since the lot abuts open space, a private road and a privacy fence, respectively. The views of abutting neighbors to the southwest of Lot 4 who are at a lower elevation can be maintained by constructing a privacy fence or landscape buffer between these properties. • Policy 5, Design for maximum benefit of sun and wind The orientation of the house maxinLes the southern exposure since the rear porch and basement light wells aze at the south and western end of the house. 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 Larry Schuck for Design Review approval is hereby granted subject to the following conditions: Community Development 1. The development shall be located and constructed as shown on Exhibit "A" date stamped October 4, 2001 incorporated by reference with the exception of recommended revisions which shall be incorporated into a revised Exhibit "A". 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: C:~Documents and Setdngs~aweLshVvly Documencs~Schuck -Lot 4adoc ei~bn~~ c File No. DR-01-025 14221 Saratoga-Sunnyvale Road, Lot 4 • a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: i. All the recommendations of the City Arborist shall be followed and incorporated into the plans. 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 aze per the approved plans 3. Maintenance Agreement: The final building permit approval shall not be issued until the common property elements of Lot 4 aze in place and accepted by the building department and a plan for continued maintenance of the common elements is in place and accepted by the building department. 4. Landscape Plan: A landscape plan shall be submitted to the director during the building permit plan check review. The plan shall meet all of the requirements outlined in Section 15-47 of the Ciry Zoning Ordinance. 5. Fireplaces: The plans show one wood burning fireplace in the living room and one gas fired log fireplace in the family room. 6. Grading: The plans indicate that total cubic yards of cut would be 157 to a maximum depth of 8 feet. The total amount of fill proposed is 440 cubic yards. The Arborist report indicates a discrepancy between the Grading and Drainage Plan submitted for the subdivision and the Design Review plans for Lot 4. Since development of this lot involves a lengthy retaining wall which would have a significant impact on existing trees on the site, a grading plan is recommended The grading plan should address the issues identified in the Arborist's report specifically the retaining wall, location of utilities and avoid regrading within the drip line of existing trees. 7. Parcel Number: The plans should be revised to provide the correct assessors parcel number for the lot, which is 503-23-016, Lot 4. 8. Setbacks: The plans should be revised to provide the correct front yard setback dimension. The plans indicate a 57 foot front yard setback while the ordinance requires 45 feet 6 inches or 20% of lot depth. The interior side yard setback is 12 feet not 15 feet as shown on sheet Al. These dimensions should be corrected. 9. Nonconforming Rear Porch -The plans depict a rear porch projecting about 12 feet into the reaz yazd setback The zoning ordinance allows porches to project into the reaz yard setback no more than four feet provided they aze not more than four feet above grade. The proposed porch appears to violate this requirement. Plan should be revised to C:~Documcnts and Settings~awdshVvty Documents~Schuck -Lot 4adoc nnnn-~ ~ File No. DR-01-025.• 14221 Saratoga-SurznyvaleRoac~ Lot4 locate the house forward to the minimum front yard setback line to eliminate this nonconformity. 10. Light Well: The plans depict a light well on Sheet A2 in the vicinity of the kitchen but the location of this light well is not shown on sheet Al, the site plan. The light well cannot project into the side yazd. The interior side yazd requirement is 12 feet and not the 15 feet shown on sheet Al. The side yard setback should be corrected to 12 feet and the light well should not be located in this area. 11. Building Height -The plans indicate a building height of 18 feet however it is not clear that these heights are measured from the highest -point of the structure to the immediately adjacent natural grade not created by fill. This dimension should be provided via cut away profile of the structures highest points. The profiles shown on sheet A7 particularly sections "A" and "B" do not appeaz to comply with this dimensional standard. 12. Fencing -The plans need clarification on the issue of fencing. Sheet Al contains a note that °no privacy fencing is proposed for this site" and also that a "redwood fence and gate to match retaining wall height" is proposed. These conflicting statements should be resolved. Also, fencing or landscaped buffer is recommended to the south and /west portion of Lot 4. This is due to the proximity and elevation of abutting neighbors and the ~~ie~v into abutting rear yards from the proposed reaz porch. 13. Windows -The e of windows o osed should be clarified. It is unclear whether tYP Pr P the ~~•indows are double hung or some other design. 14. No Ordinance-size tree shall be removed ~~~ithout first obtaining a Tree Removal Permit. 15. No fence or v~~all shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 16. No structure shall be permitted in any easement. 17. 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. 18. The basement shall not be converted to a secondary dwelling unit as defined by the Cit~'s Municipal Code in absence of abiding by the City's Secondary Dwelling Unit process and obtaining the requisite building permits. The deed to the property shall include a statement to such. The deed restriction shall be reviewed and approved by the Director of Community Development and shown on the Title Report prior to issuance of building permits. C:~Documents and Settings~aweLshVvfy Lbcuments\Schuck -Lot 4adac nnnn~ o File No. DR-01-025.• 14221 Saratoga-Sunnyvale Road Lot 4 _. CITY ARBORIST The City Arborist has inspected Lot 4 and issued a report dated June 16, 2001. All recommendations in this report shall be followed and incorporated into the plans. The report indicates that Lot 4 construction would potentially impact 17 trees. Tree removal permits have been granted for four trees that must .be removed in order to construct the home. The arborist indicated that trees #67, 68, 78, 82-84, 89, 90, and 95 will suffer significant damage and would not be expected to survive over the long term. With the exception of tree #78, the other eight trees could be preserved if suggested design modifications are made. Recommendations of the arborist include but are not limited to the following items. 1. Tree # 67 is in conflict with the proposed pathway/trail shown on Lot 4 but part of the Open Space Parcel "A". This proposed pathway would impact the root zones of trees #67, 68, 89, 90 and 95. These trees would suffer significant root damage by this proposed path. The arborist recommends that this pathway be eliminated or constructed completely on grade ~~ithout a soil cut inside the drip lines of existing trees. 2. Tree #78 is in conflict with the grading of the pad for the house. It appears that a cut would be made on the north side of the trunk within the drip line and fill would be made on the north side of the trunk also within the drip line. Tree #78 would not survive this . grading. 3. A retaining wall is proposed on the north side of trees # 82, 83, and 84. Fill soil would be dumped, spread and compacted under the canopies of these trees on the north side of the retaining wall. These trees would not be expected to survive either construction of the retaining wall or the fill without mitigation of the typical construction methods. The arborist notes a discrepancy between the location of the retaining wall on the Britt-Rowe plans for lot 4 and the grading plan submitted for the subdivision. The grading and drainage plan submitted for the subdivision by TS Civil Engineering (sheet A-2) should take precedence over the site plan by Britt and Rowe (sheet A-1). 4. There must be no grading, trenching, or surface scraping beneath the drip lines of retained trees, (either before or after the construction period fencing is installed or removed). Where this may conflict with drainage or other requirements our office must be consulted. 5. The combined value of the retained trees is $62,961. A bond equal to 20°Jo of the total value of the trees was retained in the subdivision process to assure their protection. In order to receive subdivision approval the applicant submitted to the Ciry, in a form acceptable to the Community Development Director, a bond for $98,776 pursuant to the recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the entire four lot subdivision. Thus, the bonding requirement for these trees has been met. C-~Documcnts and Scaings~awekhUvty Documcnts~Schuck -Lot 4adoc (~~10(1~19 r File No. DR-0I-OZS.• 14221 Saratoga-Sunnyvale Road Lot 4 6. Prior to Final Building approval, the City Arborist shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist an~ planting of replacement trees the bond shall be released 7. Any future landscaping shall be designed and installed in accordance with the Arborist's recommendations. FIRE PROTECTION DISTRICT The Saratoga Fire District reviewed this application on June 18, 2001 and their requirements are included as conditions of approval: 1. Roof covering shall be fire retardant, Uniform Building Code Class A prepared or built up roofing. 2. Early warning Fire Alarm System shall be installed and maintained in accordance with the provisions of the City of Saratoga code Article 16-60.. (Alternative requirements, sprinkler systems). Early warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the fire district for approval. 3. Automatic sprinklers shall be installed in newly constructed attached/detached garages (2 heads per stall) workshops, or storage areas which are not constructed as ha}~itable space. To ensure proper sprinkler operation, the garage shall have a smooth flat, horizontal ceiling. The designer is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic. requirements. 4. Fire hydrants shall be located within 500 feet from the residence. The Lot 4 plans should note the location of the proposed fire hydrant. These fire hydrants should be installed and accepted prior to construction start. S. Automatic sprinklers are required for the new dwelling. A 4 head calculated sprinkler system is required. Documentation of the proposed-installation and all calculations shall be submitted to the fire district for approval. A licensed contractor shall install the sprinkler-system. 6. Driveways shall have a 14 foot minimum width plus 1 foot shoulders. 7. Curves: Driveways shall have a minimum inside radius of 21 feet. 8. Turnouts: Construct a passing turnout 10 feet wide and 40 feet long as required by the fire district. A turnout is proposed to the rear of Lot 1. 9. Turn-around: Construct a turn around at the proposed dwelling site having a 33-inch outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fire district. The plans depict aturn-around adjacent the Lot 4 access drive. C:~Documents and Secdngs~aweLsh~My Documents~Schuck - I.nt 4adoc (~(~O®20 File No. DR-0I-OZS.• 14221 Saratoga-Sunnyvale Road, Lot 4 10. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by the fire district- CITY ATTORNEY l.~ 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. 2. 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 (1~) days from the date of adoption. PASSED AND ADOPTED by the Ciry of Saratoga Planning Commission, State of California, this23rd day of January, 2002 by the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: • Secretary, Planning Commission P:U'lanningWnn~Schuck-Lot 4 -1-IS-02.doc ®04021 File No. DR-01-025.• 14221 Saratoga-SrmnyvaleRoad, Lot 4 • This permit is hereby accepted upon the--express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby aclrnowledges the approved terms and conditions, and agrees to fully conform to and comply with said terms an~ conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • • P \Planning~Ann\Schuck -Lot 4.1-LS-02.doc C ~O Q 22 ;~ • BARRIE D. CGi'E AND ASSOCIATES Horticulfiural Consultants (408) 353-1052 Fax (408) 353-1238 - 23535 Summit Rd. Los Gatos, CA 95033 ~ Attachment 2 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE SCHUCK PROPERT~~ 14221 SARATOGA-SUNNYVALE ROAD SARATOGA Prepared at~the Request of: Community Planning Dept. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Site Visit by: Michael L. Bench Consulting Arborist June 16, 2001 Job # 07-00-176-01 Plan Received: June 7, 2001 Plan Due: July l0, 2001 • ~~~~o~~~ ~u~ z a 2oa~ CITY OF SARATOGA OOMMUNITY DEVELOPMENT ~~nnn~~, TREE SURVEY AND PRESERJN RECO!\9vlENDATIONS AT ~l THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, SARATOGA Assignment At the request of the Community Planning Department, City of Saratoga this report reviews the proposal to construct a new home on a vacant lot in the context of potential damage to or the removal of existing trees. The trees at this site were evaluated in a report by this office dated July 25, 2000. The particulars of the trees on site, including there condition, has not changed enough to warrant a reevaluation. This report fwther 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. Comments and suggestions wntained in this report presume that the locations of trees in relation to proposed construction are accurately presented on the plans provided. Summary This proposal exposes seventeen trees to some level of risk by construction. _~._~.~ i;r_~_..~,.v.o-a.4F_-Y'^mtP W2!!.'.,e-~....aw<-®0.'?'!IL4,PA ,~....T~.s,^'~ ..~_.... .;.«...r-;.... .. ~_ _. ... ...-. Four trees (#79, 80, 81, and 94) would be removed by implementation of this design. Nine trees (#67, 68, 78, 82-84, 89, 90, 95) would suffer significant damage and would not be ex cted to survive over the to term.; `` `~' ~''~~~ `~~~ pe ng ~,on of tree #78, the other eight: ~- trees could be ed' tf su ed deli modii~icahons are made. ln~tallation of replacement trees, which equal the values of the trees removed, is suggested. Procedures are suggested to mitigate the damage that would be expected to the retained trees. A bond equal to 20% the value of the retained trees is suggested unless bond funds have been deposited for the protection of these trees. Ot~servations There are seventeen trees on this site that are at risk of damage by proposed construction. Thle attached map shows the locations of these trees and their approximate canopy dimensions. Each tree was tagged with a metallic label indicating its assigned number in 2000. The seventeen trees are classified as follows: Tres #67-70, 77, 79, 81-84, 89 and 90 coast live oak (Quercus agrifolia) Tree #71 jacaranda (Jacaranda mimosifolia) Trge #78 California black walnut (Juglans hindsii) Trge #80 California bay laurel (Umbellularia californica) Trge #94 avocado (Persea americans) Tr a #95 California pepper (Schinus molle) • PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE I5, 2001 ~QO®24 TREE SURVEY AND PRESER ~ :Di~i RECOMMEIJDATIONS AT ~ 7 ' THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, SARATOGA~ The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent -Poor) on the data sheets that follow this text. Please note that each trees structure is distinguished from health. The structure rating is a visual evaluation of each tree's ability to remain standing and to maintain its branching without breaking or splitting apart. Damage of this nature can occur despite exceptional health. Also, structure is not an aesthetic focus. A tree that has an excellent structure may not necessarily be aesthetically pleasing. Because the various combinations of health and structure sometimes require interpretation, the combination of health and structure ratings for the trees are converted to individual descriptive ratings as follows: Exceptional Fine Fair Marginal Poor S ecimens S imens S imens S imens S ecimens 70, 84, 89 67-69, 77, 78, 79, 95 94 71 80-83, 90 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. Impacts of Construction Trees #79-81 and 94 aze located in the footprint of the proposed new house. Tree #67 is in conflict with the proposed pathway/trail. The detail drawing of the proposed pathway, titled the "Trail Section", noted on sheet O-2 shows acut/fill of a minimum of 8-10 feet in width on the slope across the root zones of trees #67, 68, 89, 90 and 95. AIt of these trees would suffer significant, if not severe root loss by this proposed path and would be put at risk. In addition, the plan suggests that this path would continue into the Open Space area west of Lot 4, but the plan does not show the path into the Open Space, which would no doubt '~ PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE I5, 2001 nr~nn~c TREE SURVEY AND PRESERVg.~ON RECOMMENDATIONS AT ~,:'i" ^ THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, SARATOGA ~ adversely affect additional trees, mostly coast live oak (Quercus agrifolia) specimens. The quantity of trees or the severity to which they may be affected in this area cannot be evaluated at this time. ~ = - - - . Tree #78"is in conlElicf~wit~'~gn~ngtlo~f~he'" ` . It appears that a cut would be made on the north side of the trunk within the dripline and a fill would be made on the south side of the trunk also within the dripline. Tree #78 would not survive this grading. A retaining wall is proposed on the north side of trees #82, 83, and 84. Fill soil would be ' dumped, spread, and compacted under the canopies of these trees on the north side of the retaining wall. These trees would not be expected to survive either construction of the retaining wall or the fill without mitigation of the typical construction methods. However, the site plan for Lot 4, sheet Al, as presented by the Britt and Rowe architectural firm, locates this retailing wall adjacent to trees #82-84 several feet closer to the trunks of these trees than does the Gradin and Drainage Plan, sheet A2, prepared by TS Civil n 'neering. This discrepancy must be rectt e . ese trees would survive the wall an th fill at the location presented by the G~ and Drainage Plan, but would not be ex ected the roposal presented by the Site an of Britt and Rowe. The Grading and Drainage Plan, sheet A-2 shows that a retaining wall is proposed adjacent to the trunk of tree #52. If this wall is constructed with a typical footing, tree #l2 may be severely damaged, partially due to its maturity. Excavated soil for the basement or excavations for the Footin s mint not be filed under g P the canopies of trees because of the likelihood of significant root damage. - In addition to the specific risks noted, the retained trees may 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. 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 root tips. 6. Broken branches or bark injuries as a result of construction equipment passing too close. 7. 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 JUNE 15, 2001 llfl(1(17c TREE SURVEY AND PRESER ON RECOMMENDATIONS AT F \ c ~ THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, 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. In order to retain trees #82, 83 and 84, I recommend that the Grading and Drainage Plan as presented by TS Civil Engineering (sheet A-2) with regard to the retaining wall adjacent to these trees take precedence over the Site Plan by Britt and Rowe (sheet A1). 2. I recommend that the proposed pathway/trail either be eliminated or constructed completely on grade without a soil cut inside the driplines of existing trees. If the path is constructed, the edge of the path on the downslope side must be built up to the desired grade by constructing a pier and on-grade-beam retaining wail without footing. The desired grade can be achieved by filling behind the wall on the uphill side with 3/4-inch rock, then clean gravel, then sand.-There must be no granite fines, clay soils, or any material that bind together in the back fill materials used. Compaction must not exceed 80%. This may not meet all engineering standards for stability. However, if existing trees are expected to survive, the path must be constructed by these guidelines. The alternative would be to not construct this path. If this trail is constructed, no wheeled equipment should be allowed in any area beneath tree canopies except the pathway location. 3. If the proposed path/trail is constructed, I recommend that the width and/or the location of the path be adjusted in order to retain tree #67. However, the root collar of tree #67, or any of the other trees, must not be covered by fill materials, or soil. 4. if the proposed path/trail is constructed, I recommend that the construction of the path/trail within the Open Space area west of lot 4 be done in the same manner as described in Recommendation #2. - 5. 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. 6. =There must be nogradtng~ trenching, or surface scraping beneath the driplines .:: ofi+e~atned~ttpes,~elther before or after the construction period fencing is installed or 'removed) ~'"` m~witld amage o~ otherregwi~ements our office ~,. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 15, 200 ] (~(~(DC12'7 TREE SURVEY AND PRESERV,~N RECONI1v~NDATIONS AT ~~;,,_~' THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, SARATOGA 7I Trenches for any utilities (gas, water, phone, TV cable, etc.) must be located outside the driplines of retained trees #12 and 88. 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. 8. Supplemental irrigation, must be provided to retained trees #67-71, 77, 82-84, 89 and 90 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. 9. 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. 1 .Any pruning must be done by an International Society of Arboricultural certified arborist and according to ISA Western Chapter Standards. 11. Landscape pathways and other amenities that are constructed under the canopies of trees must be constructed completely on-grade without excavation. 12. Landscape irrigation trenches, which cross a root zone, and/or 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, and if the spokes of such a design are no closer than 10 feet apart at the perimeter of the canopy. 13: 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. l 4. 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. l 5. Bender board or similar edging material must 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. 16. 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. PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JUNE 15, 2001 ~Q~~~B r _. TREE SURVEY AND PRESERVr'z:=AN RECONIIuIE'NDATIONS AT _ 6 THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, SARATOGA 17. 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. 18. Materials or equipment must not be stored, stockpiled, dumped under the driplines of trees, 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, 1992. _-A, Trees #78-81 and 94 have a value of $3,517. An equivalent value is two 36-inch boxed, and two 24-inch boxed native specimens. There are other equivalent alternatives. Replacements are suggested. Acceptable native tree replacements are: Coast live oak - Quercus agrifolia . Valley oak - Quercus lobata Big leaf maple - Acer macrophyllum 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 ofthe 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. The combined value of the retained trees is $62,961. If a bond has not been established of the retained trees, I suggest a bond equal to 20% of the total value of the trees that will be retained to assure their protection. Respectfully, Submitted, ;~; ~.;~ Michael L. Bench, Associate MLB/sl Enclosures: Glossary of Terms Tree Data Accumulation Charts Tree Protection Before, During and After Construction Protective Fencing Radial Trenching Beneath Tree Canopies PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST JI1NE 15, 2001 nr~nn~c>. ~~ ll~''~~ TREE SURVEY AND PRESERV~ZON RECOMIvlE1dDATIONS AT ~~ '] THE SCHUCK PROPERTY LOT 414221 SARATOGA-SUNNYVALE ROAD, SARATOGA Platform Buffer Map • • • PREPARED BY: IvIICHAEL L. BENCH, CONSULTING ARBORIST JUNE 15, 2001 0000~~ fC` ~' t BARRIE D. CO._ ~~ AND ASSOCIATES Horficultural Consultants (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 GLOSSARY Co-dominant (stems, branches) equal in size and relative importance, usually associated with either the trunks or stems, or scaffold limbs (branches) in the crown. Crown -The portion of a tree above the trunk including the branches and foliage. Cultivar - A named plant selection from which idenrtical or nearly identical plants can be produced, usually by vegetative propagation or cloning. Recurrent - A term used to describe a mature tree crown composed of branches lacking a central leader resulting in around-headed tree. Egcurrent - A term used to describe a tree crown in which a strong central leader is present to the top of a tree with lateral branches that progressively decrease in length upward from the base. Girdling root - A root that partially or entirely encvcles the trunk and/or large buttress roots, which could restrict growth and downward movement of photosynthates. Included bark -Bark which is entrapped in narrow-angled attachments of two or more stems, branches, or a stem and branch(es). Such attachments are weakly attached and subject to splitting out. . Kinked root - A taproot or a major root(s) which is sharply bent and can cause plant instability and reduction of movement of water, nutrients, and photosynthates. Root rnllar -The flared, lower portion of the base of a tree where the roots and stem merge. Also referred to as the "root crown". Leader -The main stem or trunk that forms the apex of the tree. Stem -The axis (trunk of a central leader tree) of a plant on which branches are attached. Temporary branches - A small branch on the trunk or between scaffold branches retained to shade, nourish, and protect the trunk of small young trees. These branches are kept small and gradually removed as the trunk develops. Definition of Woody Parts Trunk -The main stem of a tree between the ground and the lowest scaffold branch. ScaSold branches - In decurrent trees, the branches that form the main structure of the crown. Limb - A major structural part. Branch - A smaller part, attached to a limb or scaffold branch. Brauchlet - A small part, attached to a branch. Twig -Avery small part attached to a branchlet. Leaf- The main photosynthetic organ of most plants. nr~nn~~ ~., =~ v' :. "° ~ ~ These are general rccommendationar .~;, ~ - _. •- '~ And .maybe superseded by site-arc instructions ~~ • ~~ • _ ... \Ji ll ll la~! A~ -~ ~ . _ r ~ .,~ BEFORE ', -~ ;~~ ~ • f~ ~ >~~ ~, ~~- . - ,.: Plan location of trenching to avoid all possible cuts beneath tree canopies This includes trenches for utilrties;• imgation es`~scable'TV~~d roof drarns~: r ~;~{ 1 t - Plan consEru.ctton period fenceloca'~oas wluch~ gnn+%~_urpment~iav~el or material storage beneath tree canopies ~~~f~~ s s ~r =~ ' ~' ~ t. v.,_,,,~ `'~- Install fences before any constiiic6on_rela~sd•equipmenf rs allowed on sits.'lhis includes pickup trucks. ~-_ _-~, ~~ ~=~ Inform subcontractors in writing that they must read this document. Require retain of signed 1 copies to demonstrate that they have read the document. >X- Prune any tree parts, wfiich conflict wrthNcoasrivchon between August, and January. Except for-•-.- pines which may be pained b~ween October-Ianuary,0aly an ISA certified arborist, using ISA pruning instructions maybe used for his work. If limbs are in conflict with the conswction equipment before. the certified "arborist is on~ite, carpenters may cut off offending parts of 6" diameter or less; leaving an 18" long stub, which should be re~trt later by the arborist. ~::.- _ -- _ s . ~- - ~, ~~ .~.~ Under no circumstances may any party remove more than 30%of s~trees foliage, or prune so that an unbalanced canopy.is created: _ _;._.:~. r- a;:, . • ~ ,_.. void use of any wheeled equipment beneath tree canopies. Maintain fences at original location in vertical, undamaged condition until all contractors and subcontractors, including painters are gone. Lear root collars of retained trees eaiough to leave S-6 buttress roots bases visible at 12" from the trunk. - Y rrigate trees adjacent to construction activity during hot months (June-0ctober). Apply 10 gallons of water per -1" of trunk diameter (measured at 4 '/:') once par 2 week period by soaker hose. Applyi water=at the dripline, or adjacent to construction not around the trunk. Apply mulch to make a 3'--'deep layer in all areas beneath tree canopies and inside fences. Any organic material which is nontoxic maybe used. 1 --:r : --'~: - ' - - - .- z ~ __ - :. - - ~ - - .~.- :. _ AFTER _ - -=- _.- .1. ~ - - _'------ --- -- -...-.. _ .. - - - - _- -~--- ~_ .- _ .! aA _ .. - Irrigate monthly~ with 10 galrons of water per 1" of trunk diameter with a soaker hose, placed~ust inside the dnpime. Continue urrtil 8" of rain has fallen.. Avoid cutting irrigation ranches beneath tree canopies __ ,~ :: - . Avoid rototilling beneath tree~`canopies sincethat-will destroy the small ~surfnce roots which ~_~ . absorb water ._ ~ . ~ ,; ~ . ~ TM .. :~ .- :: .f,..'~.~t+ w~ Avoid installation of turf or aflier frequently imgated plants beneath tree canopies - _ ,~~ ~. ~ - .-,~. ~a - - - .. ~.. m U i c Rf . + N , cv ~ ~, m .. C Rf N ~_ •. W a 0 ~ c U ~ ~ ' - co 7 O O C . ~+ m m C ~ C. G y ~ C ~ o ~m o ~ o L ~ ~ U . .~ ~ p ~ ~ C H C ~ - «`.. ~ s m v ~ m.5 ._ p~~ .Q a - ~ •`~ ~ ~~ ~L 0 0 .: .m ~~ ~: c.- - _ - ~. oo~ ~.. ~ ~~ N ~ ~ ~ ~ ~c L ~ C ~ _o - ~ ~ ~ ~..~ ~~. ._ E ~ _ •. ,. ~' yt. ~t. ~~ C~ - - . . ~ ~ ~ ~ ~ V r ~, ~E. . ,3 U.UQ ~.C7Q~ LL~ v j j D ~ ••~ ~Nr ~t[ t f ~A v' . O -O O -- f Y C 2 F- / O m Rf ~ Q e N N t O ~ . ! ~\. N ,, :, -- --- O .- oaao33 HARRIS D. COATS and'ASSOCIATES xa>lti_cvitural Consultants - 408-353.1052 - 20535 Saa~mlt Rwd, Los Gatos„ G !5000 - The average tree: , has a horizontal root spread that is 2.5-3.0-tunes greater than the branch spread (a.k.a., the dripline) - ~ _ r ~: v Has most (>609'0) of its root outside the dripline' v has most (>9590) roots in the top meter of soil _ has 'most fine, or smallest diameter roots in the top 0.15 m (6 ~ inches) ~of soil (Sources: 1, 2, 3, 4) - ~ . Literature cited: r• ~ . ! . Gilman E.F. 1988 Tree root sprsad in rtlation to brorieh driplLte and harvestablt root 6olL Hort Science 25:351-353 2. Gilman E:F. 1990 Troe root growth at~d development. ~. Form, dspth. spread and psriodiciry. J. Snviron. Hort. 8:215- 220 ~ } . ~ ' ..;........ 3 Pcrry, T.O. 1982. The ecology of trsa Hoots and prtaetieal sigrtr~eance thereof. J. Arboric. 8:197-211 •.~4. r . :A .. a . Watson, G.W. and EB. Himelick. 1992b: Root d~stributlon of tiitrasry rrsss and iu relationship to transplanting succass. 1. Arboric 8:225-228 ~ ~ - .. ~. .~ N..,~~+. ~ ' •~. - - „~ _•~ - 5. American Society of Consulting Arborists. 1989. Pt+oteetltt8 tt+ees during construction: Answers to frequently asked questions for builders and proputy owner:. Wheat•~iidge, Colccndo. lpp. r: ~ , 6. Hams, R.W., 1992. Arboriculture: Can of'I~ees, Shrubs and Vines in the Landscape. Prentice Hall, Inc. Englwood Cliffs, New Jersey. 674 pp. Recommends 1 foot soil width for each 1 inches of ttunlt diameter 7. Morel!; J.D. 1984.'ParLway ms auguring spsetiflcations. J. ~rboric. 10(3):129-132 Finds that trenching for water main inatallatioa resulted in mortality rates of ZS-4496 twelve years after -- trenching activity • • nnnn~~t .. ^~ __-. - -' - _ } a 1S_~ - ~ ~~ . -. fa.~v; - li}j- ~~QS •`~>V T~i' I'4u~ ~~•+-~~'.. ~`di~?+' *at-may`..:, -t' ~ s d.5-- - - -. - _ 1 ~ ~ t ~ ; .O ~ _ > v' i~' ~ j spy, is +q•'r~X~' ^ . _- ~% ,.. ,, ~ ~: ~ ~ ~ mil- -:; ~ - _.~. ~ /,~ Yr ~ T - - ,- _... 1 1 +1.+ ~~ ~ 1 ~~: '. ~} ~ ' ~ _ - ,41'x.1. r ` - - ~ ~~ 1~11~ I' t. ~ `1 5 S ~4 ~ r ~ m ~ ~ 1 ' 1, T. '~~ '•, ~~ ~. \\\\ !~ :i,rd _ °~ 3 ~ ~ v1 0 ~ ... - N 1` d o •d N ts, o~i i o ~A 1- _ ~Y U C ~N ~ ~ ~ "' o~ V tV ~~ N ~ ~ . ~S y.. -- ~-~ _ 0r. ev ~ ~ $ \ Cam..,- ~ ~~ "Q ~N ~-+ ~ N Qt' Ol ~ ~p~ ~ d ~ ~ s_ 'C m H - - _- - - -- _ . _ ~ L '~ L N-~ Ov~ro, ~ - _.t ~ L _ y ~ Vi t _ 0 o ~ _ .~ ~. o -.~~. ~ s `~ snnnn~s~ r ~\ A 1-inch P ' '~ ywood and Wood Chips Plattvrm Buffer for Areas Beneath A Tree Canopy which Must Be Used for Foot Traffic • Prepared by: Barrie D. Coate ~ Associates Horticultural Consultants (408) 353-1052 23535 Summit Road Los Gatos, CA 95033 C~ nnnn~~ __. _ .. t PI = g~ ri O .G O eN O ra '~ a~ ... ea ~, aD O R e-~ Pi i.l .!~ O ~-, .~ v H .~ 0 I~ (rL) uiaoiad Trnowaa 19 - ~ E Trnowaa aNawwoaaa m ~ o ~ m ~ ~ ~ N ~ a3Zillla3d S033N ~ N ~ ~ a y y y y y (S-L) a31dM Sa33N n ^ ^ ^ ^ ^ (S-L) 3Sd3SIU adllO0100a ~ o o ~ ~ n m (S-l) 03a3n00 at/1100100a ~ c S s ~ ~ ~ a X X X X X X a (s-L)xdo3a ~INnal ° O ° ~ CD l7 m m N O apD N O N N ~ Q m < a (S-l) 3Sd3SIU NMOaO 33x1 y y y y y y (S-t) S103SNi n " n a ^ ^ (S-t) ~UJaOlad ~JNINfIad A ~ ~ ~ 9 ~ 03033N S318d0 ° ~ a 1H J13M-ON3 3nOW3a c a a ~JNISNa NMOaO v 0 c NOild?JO1S3a NMOaO A N d ~ a O ~ ~ m ~JNINNIHl NMOaO ~ ~ H ~ ~ ~ ~JNINd3l0 NMOaO n n n n n n (6-£) ~JNllda OadZHH °c °o ~ °o °o ° °o e ° (OL-Z) 9Nllda NOI114N00 N ~ ~'' ~ < ~ N ~ ^ ~ e'> ~ c ° U (s-L) 3anlonals ~- N ~, eo N m v u, N N X X X X X X (S-t) H1ld3H ~ ~ Od3adS n ~ N m N ~ °v m ~ c e~i r f ~ M t° N < 1H~JI3H to y N y N y M y °v _ y N y c 1334 Z® a313WM0 ~ " .A• n ~ a N n ~ n m n H80 c c c m c ~ c c ~ m ~ H80 N p ao N N O tO N O '° N N X X x x S7 x X W31SASi11t1W x x x epe~8 enoge ,Uti ~ H80 o ~ ~ o ~ m o ~ `~' o ~ ~ N c rn ~+ ~ o ~ A n c c c c c c cn 0 4 ~ ~ W 0 ~ ~ ~ ~ 4 ~ ~~ o e m ~ 9 ~ ~ ~ U U ~ ~ m m m ~ A A ~ o ~ r+ 3 ~ a FF W rr -«~ Neh11 O "'~ h 1A N Q R ^ W~ ~ pWp~ ~ ~ ~ E^ r+ ~ n o ~~~ t ^ ^ ~ X X X O O ~~A• N ~ ~ nr~nn-~w ~_ ~b n = d ~ 0 ri O . o F ~ 00 ~ a F co O "!~ 4J t~ ~~ri M b0 O ~~t~y t0 e-~ ..~y V b Q~ O ~--~ .Yi V x .~+ (r~) ~11ao1aa~7vnorr3a i IMAOMl321ON311M100321 N $ > A $ > c ~ ^ ~ ~ ~ r ~ E ~~ 21321111213 S033N M ~ „~ a w ~ w E N a M (S-t) 2131VM Sa33N • n n • • n (S-L) 3Sd3Si0 2M10010021 N ° ~ "'_ (s-L) a3aano~ 2rollo~ loos ~ ~ ~ ~ ~ ~ a x x x x x x 0 a` (S-l)Ad'J30 ~N(1211 e a ° N r r a (S-L) 3SM3SI0 NM02l0 33211 y ~ h h N w (S'l) Sl'J3SNI • • n a n n (S-L) JW210121d ~JNINf121d ~ ~ ~ ~ ~ ~ v ~ a3a33N S318V0 ° - e 1HJI3M ON3 3AOW321 X X X X X X e ~JNISM21 NM0210 3 c 2 NOI1d2101S321 NM02f0 h n d `JNINNIHl NM02l0 ~ ~ ~ N ~ N ^ ~ tN~i H N h h N ~JNINM3l0 NM0210 • r n • • • (e-£) °JNI1V2! 021VZHH o 00 o °o °o 00 , e (Ol-Z) JNIIVM NOIl10N00 ~ ~ "'' ~ ''' ~ ~"~ ~' ~ ~ ~ < - c ° ~' (S-L> 3anl~nals ~ ~ N h N m e'f c~ H x x x x x x (S-L) H11H3H -Od321dS < ~ N ~ N r N ~ N ~ N N Y N N 1H`J13H M N N h n N N y N h N rf D 133j Z® 2i313Wd10 ~ • r ~ n m N ~ ~ ~ n n n n E _ ~ w H80 c 0 c 0 ~ c c c - 0 rc c 0 Sri c • ~ H80 ~ ~ M ~ ~ N ~ ~ N N ~ °D M ~ o N X X X X X X W31SAS`il1f1W x x x x x epe~b anOge,Ll-f ®H80 ~ °0 ~ "' m N ~ °f ooi m ~ ao c c c c c c H W O ~~ ~ V Vn ~ G s7 ~ ~~ ~ c ~ ~4~A~ s ~ ~ s a a ~ ~ ~ ~ ~ n ~ ~ ~ ~ • ~ N O a O ~M~..1 h fIf h ~ ~ d x x w Leo ~ .a ~~~~ ~~~ ~~... q ~ ~ .iQ .C fWW~ m s ~:~pp s +1f N eN ~ llV'~D~C7 .s..a-° ---- - ~ ~~ -_--- N n a 0 O .~ • O c~ ++ O -•7 `LS CJ ,firr i~.rl i.l DA O y e~ vi Q .~ O ~~ x u ~ " is H .a 0 t ~y. 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[ ~i ~i ~, bl ~tE ~i !d ~ F r~i 1i J ~ ! . F - kA~VNQ = 3,LN(7 ~F~`x IO ~.~oda, ~suoga~ :.133NS 3l;• if ~ !j s F $ y•ei p3:; 3 3lvi jl:t i } ~li9j' ~ k~ljq iitt! 1!!ti ;! s ;i ~1: I~ ~6 ~ e ap 2g } -..~. _ ._. g2 _ - ppF[ Fff ~ FJi~ `. fqd-it! '~~~ isS 5~ ~~ a ! W a! a ~1' iii IS ~~ - e ~ - s ,~ k l a 9 ~ ~ ~ {~ q ~f ~ J ,r a~ ~~ J E J i i9 -i, _ _~ .y ti ; i~ '~ _ . ~ ~tl 1 4 F _ ` ~ ~ s . 1 p~ F ~ ~ - ~.. 2 yy i s li`+ J q i.7 r i k ! ~~i~A ! I ~I~ gil ~9~ lid J V-. :%• ~\ a r_ \ ~- _ __ • • MINUTES SARATOGA CITY COUNCIL OCTOBER 17, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview applicants for the Finance Commission and the Saratoga Community Foundation. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:35 p.m. Conference With Legal Counsel -Anticipated Litigation Significant exposure to litigation pursuant to Government Code section 54956.9(b): (3 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Vice Mayor Streit reported there was Council discussion but no action was taken. Vice Mayor Streit called the Regular City Council meeting to order at 7:06 p.m. and requested City Attorney Taylor to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, ABSENT: Mayor John Mehaffey ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Melissa Eddy, Interim Director of Admin. Services John Cherbone, Director of Public Works Danielle Surdin, Economic Development Coordinator REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 17.2001 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 17, 2001 was properly posted on October 12, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Helen Lee, 14653 Carnelian Glen Court, noted that last December she appeared before the City Council in regards to the subdivision across from her house. Mrs. Lee noted her concern was the driveway of the flag lot #4 facing the front door of her house. Mrs. Lee stated at that time she indicated to the City Council that the long driveway would invade her privacy and would take away from the value of her house. Mrs. Lee pointed out that at that time the Council agreed that the developer should angle the driveway away from her house, combine the driveway with lot #5 and then exit to the street and plant screening to minimize the impact of the headlights coming down the driveway. In August 2001 the developer started construction. The developer cut the curb for the driveway and started the grading that pointed directly at her front door. Mrs. Lee stated that she contacted the Community Development Department and asked to see the final map but was told that they did not have the map. Also, the developer took out an oak tree; as far as she is concerned the developer took out the wrong tree. Mrs. Lee requested that the City Council investigate her concerns and invited the Council to her home to experience the impact of the driveway on her house. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith requested that Mrs. Lee meet with Director Sullivan. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATIONS FOR JUDY ALBERTS, SHEILA IOANNOU, AND BARBARA OLSEN, PARKS AND RECREATION COMMISSION STAFF RECOMMENDATION: Present commendations. Vice Mayor Streit read the commendations and presented them to the outgoing Commissioners. City ouncil minutes 2 October 17, 2001 1B. APPOINTMENT AND OATH OF OFFICE OF PARKS AND RECREATION COMMISSION MEMBERS ANGELA FRAZIER, LOGAN DEIMLER, GREGORY GATES STAFF RECOMMENDATION: Approve Resolution of Appointment. TITLE OF RESOLUTION: 01-071 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING THREE MEMBERS TO THE PARKS AND RECREATION COMMISSION BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING ANGELA FRAZIER, LOGAN DEIMLER, GREGORY GATES TO THE PARKS AND RECREATION COMMISSION. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. City Clerk Boyer administered the Oath of Office to the new Parks and Recreation Commissioners. 1 C. APPOINTMENT AND OATH OF OFFICE OF FINANCE COMMISSION MEMBERS ALEX TENNANT AND JIM HUGHES STAFF RECOMMENDATION: Approve Resolution of Appointment. TITLE OF RESOLUTION: 01-072 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE FINANCE COMMISSION BAKERBOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING ALEX TENNANT AND JIM HUGHES TO THE FINANCE COMMISSION. MOTION PASSED 4-01 WITH MEHAFFEY ABSENT. City Clerk Boyer administered the Oath of Office to the new Finance Commissioners. 1D. PROCLAMATION -SUPPORTING FEDERAL FUNDING FOR CLEANUP OF MOUNT UMUNHUM STAFF RECOMMENDATION: Read proclamation. Vice Mayor Streit read the proclamation and directed the City Clerk to forward the proclamation to the appropriate party. City Council minutes 3 October 17, 2001 Councilmember Bogosian noted that recently he had an opportunity to join a group of people on a tour of Mt. Umunhum. Councilmember Bogosian noted that the sight needs a major clean-up and sighted several examples. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIANlBAKER MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. 2B. REVIEW PLANNING COMMISSION ACTION MINUTES-REGULAR MEETING -OCTOBER 10, 2001 STAFF RECOMMENDATION: Note and file. BOGOSIAN/BAKER MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. 2C. CLAIM OF LING, LAVINA; CLAIM NO. GL-052984 STAFF RECOMMENDATION: Authorize settlement. BOGOSIAN/BAKER MOVED TO AUTHORIZE SETTLEMENT. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. 2D. CLAIM OF FITZSIMMONS, ANN AND KATHLEEN; CLAIM NO. GL-052777 STAFF RECOMMENDATION: Reject claim. Councilmember Baker requested that Item 2D be removed from the Consent Calendar. Councilmember Baker questioned if there was any new information of the follow up documentation the City was trying to find. Councilmember Baker noted that he is uncomfortable denying this claim with the information he has been provided. City Attorney Taylor explained that ABAG has indicated that given the facts, as stated by the claimant, and based on the City's review of the their files, ABAG is recommending denial of the Claim. BOGOSIAN/WALTONSMITH MOVED TO DENY THE CLAIM OF FITZSIMMONS, ANN AND KATHLEEN; CLAIM NO. GL-052777. MOTION PASSED 3-1-1 WITH BAKER OPPOSING AND MEHAFFEY ABSENT. City Council minutes 4 October 17, 2001 2E. DAIS CHAIRS IN SARATOGA CIVIC THEATER STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-073 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $9,967.81 FOR COUNCIL DAIS CHAIRS Councilmember Waltonsmith removed Item 2E from the Consent Calendar and questioned how the decision was made to purchase these particular chairs. City Clerk Boyer responded that the chairs were purchase according to the comments Council communicated. WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION APPROPRIATING FUNDS IN THE AMOUNT OF $9,967.81. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. PUBLIC HEARING 3. CAPITAL IMPROVEMENT PROGRAM AND ENVIRONMENTAL IMPACT ASSESSMENT STAFF RECOMMENDATION: Open public hearings for CIP and Environmental Impact Assessment; close public hearing; accept report; direct staff accordingly on CIP; adopt Environmental Impact Assessment. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that on October 1, 2001, the Finance Commission reviewed the CIP and was satisfied with the plan, however the commission could not vote on the CIP because lack of quorum. On October 10, 2001, the Planning Commission reviewed the CIP for consistency with the General Plan. Subsequently the Planning Commission adopted a resolution approving the finding of consistency. Director Cherbone noted that an Environmental Impact Assessment and the Environmental Checklist Form for the 2001-2006 Capital Improvement Plan has been provided to Council, which lists the environmental category under which each project is expected to fall.. Director Cherbone reported that at the Study Session in June and at the meeting in August, there are 38 proposed CIP projects that total $13,086,350. Currently Council has identified 26 projects, which are proposed to receive full or partial funding for a total of $8,573,350. City Council minutes 5 October 17, 2001 Director Cherbone briefly explained the funding source for the various projects and noted that there is a $758,350 deficit in the Park Development Fund, and provided four options to Council on how to balance the deficit in the Park Development Fund: 1. Defer some desired projects until the Park Development Fund reserves are full project funding. 2. Supplement Park Development Fund shortfall with the General Fund unobligated fund balance. 3. Allow Park Development Fund to borrow shortfall from General Fund and repay over time (up to five years). 4. Partially fund some of the projects with park Development Funds until additional fund balance is attained. Director Cherbone explained the next steps in the five-year CIP as follows: • November 7, 2001 1. Adoption of Resolution amending the FY 2001-2002 Budget 2. Adoption of Resolution approving aFive-Year Capital Improvements Councilmember Baker asked what changes were made other than improvements at El Quito Park. Director Cherbone responded that other than the improvements at El Quito Park the only other change was the seed money set aside for the medians on Prospect Road and staff was directed to bring back an amount for Phase II of the Heritage Orchard Project for an educational facility. This is just in the funding notes, no money has been allocated for this. Councilmember Baker asked if the proposed CIP was available to the public. Director Cherbone noted that the proposed CIP was on the Internet and copies were made available at all main reception areas at City Hall. Councilmember Baker asked which option the City Manager would recommend. City Manager Anderson responded that given the circumstances of the unknown economic conditions he would urge to opt for prudence. Furthermore, City Manager Anderson pointed out that if Council chooses Option 3 the Park Development Fund would repay the General Fund in approximately 5-7 years. Councilmember Waltonsmith asked what the standard amount of money that the City receives per year from Park Development Fees. Director Cherbone responded that the City receives approximately $100,000 - $150,000 per year, but in recent years the amount has been more. Vice Mayor Streit noted that if you look at the items in the Park Development Fund there is a sufficient amount of money to fund everything in the first fiscal year and every project except the actual construction of Azule Park. City Council minutes ( October 17, 2001 Councilmember Baker stated that he wants Azule Park completed by the time he is out of office even if the City has to defer other projects. Councilmember Bogosian and Councilmember Waltonsmith both shared the opinion that Azule Park has waited too long to be developed and needs to be funded. Vice Mayor Streit opened the public hearing at 7:40 p.m. and invited any public comments; seeing none Vice Mayor Streit closed the public hearing at 7:41 p.m. Consensus of the City Council to direct staff to proceed with Option 2- Supplement Park Development Fund shortfall with the General Fund unobligated fund balance. BAKER/BOGOSIAN MOVED TO ADOPT ENVIRONMENTAL IMPACT ASSESSMENT. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. OLD BUSINESS 4. REQUEST FOR RECONSIDERATION OF THE CITY COUNCIL ACTION REFERRING DR-O1-007 & BSE-O1-011 (397-17-034) - CHEN, 19751 VERSAILLES WAY BACK TO THE PLANNING COMMISSION STAFF RECOMMENDATION Consider request for reconsideration and adopt resolution. i Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that the developer of the 19752 Versailles Way project has requested reconsideration of the City Council's action to refer the project back to the Planning Commission. Director Sullivan explained that since the last meeting the developer has obtained consensus to have the front yard setback at 55 ft. Director Sullivan explained that tonight the City Council would have to decide whether or not to reconsider the issue and open it back ~up for discussion. BOGOSIAN/STREIT MOVED TO PROCEED WITH RECONSIDERATION. MOTION DENIED 2-2-1 WITH BAKER AND WALTONSMITH OPPOSED AND MEHAFFEY ABSENT. AUTHORIZE EXPENDITURES FOR UTILITY CONNECTIONS TO LIBRARY BUILDINGS STAFF RECOMMENDATION: Authorize City Manager to execute agreement with PG&E and pay engineering deposit to San Jose Water. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that there are a number of utilities to be connected in order for service to be provided in the Temporary Library. Staff is requesting authorization to pay PG&E the balance of funds required for both installing and City Council minutes '] October 17, 2001 removing the temporary service equipment from the site. _The service agreement covers the use of this equipment to meet temporary needs. Also San Jose Water is requesting an engineering deposit in order to begin their work related to the expansion and renovation of the Saratoga Library. 6 BAKEIZ/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A SERVICE AGREEMENT WITH PG&E AND ISSUE A CHECK FOR $17,582.14 TO THEM FOR ENGINEERING AND CONSTRUCTION SERVICES RELATED TO ELECTRICAL SERVICE AT THE TEMPORARY LIBRARY. MOTION PASSED 4-1 WITH MEHAFFEY ABSENT. BAKER/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO PAY AN ENGINEERING DEPOSIT OF $10,000.00 TO SAN JOSE WATER FOR SERVICES RELATED TO DISCONNECTING AND RE-ESTABLISHING WATER SERVICE TO THE EXPANDED SARATOGA LIBRARY. MOTION PASSED 4-1 WITH MEHAFFEY ABSENT. CONGRESS SPRINGS PARK DONATION UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUTION: 01-074 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $120,500 CONSTRUCTION SERVICES AT CONGRESS SPRINGS PARK John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that to date the Saratoga Youth Fund has received a total of $126,900 and an additional $31,000 in committed funds. Director Cherbone explained the breakdown of donations as follows: Donations Received 1. Pony Field Improvements $60,000 2. 6 pairs of Soccer Goals $12,000 3. General park Fund $6,000 4. 2 Flag Poles $6,000 5. 1 Bench $1,500 6. 1 Bollard $300. 7. 2 Electrical Outlets $3,000 8. 1 permanent AA Backstop $7,500 9. 3 Outfield Portable Fences $6,000 10. Saratoga Sheds/Containers $2,500 11. 3 Scoreboards $9,5001 12. Bases & Equipment $7,500 City Council minutes g October 17, 2001 12. Bases & Equipment $7,500 _ 13. 128 paving Stones $6,400 14. General park Fund $1,700 - Total - $126,900 Committed Donations 15. 6 Covered Dugouts $12,000- 16. Other Baseball Amenities $12,000 17. 1 Scoreboard $7,000 Total $31,000 Director Cherbone explained that staff is recommending Council authorize an increase to the existing contract with Perma-Green Hydroseeding, Inc. in the amount of $40,000 for above items 3-8, 11,12 & 14. In addition, Director Cherbone continued that Council approve the purchase of items 2,9, & 10 in the amount of $20,500. Item 1, Pony Field Improvements, was approved by Council at the October 3 City Council meeting and Item 13, Paving Stones, will be agendized for consideration at a future meeting along with the Committed Donations once they have been received by the City. Director Cherbone explained that Saratoga Little League has made a proposal to the City that if it loans $90,000 to the Saratoga Youth Sports Fund, they would repay the City back over three years. If Council approves this proposal, staff would bring a formal contract between the City and Little League regarding this issue. Councilmember Baker asked the City Attorney if the City could lend public funds to a private organization. City Attorney responded that it would be for public improvements and a contract would obligate them to use the funds appropriately. Keith Simon, President Saratoga Little League/Board Member to Pony League; 20450 Montalvo Lane, explained that Pony League and Little League have donated $210,000.00 to this project. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE BUDGET. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. BAKER/WALTONSMITH MOVED TO AMEND THE CONTRACT WITH PERMA-GREEN HYDROSEEDING, INC. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. BAKE12/WALTONSMITH MOVED TO PURCHASE AMENITIES FOR $20,500.00. MOTION PASSED 4-1-1 WITH STREIT OPPOSING AND MEHAFFEY ABSENT. Consensus of the City Council to direct City Attorney to prepare a contract for the loan and return for approval at the next meeting. City Council minutes 9 October 17, 2001 4. REQUEST FOR RECONSIDERATION OF THE CITY COUNCIL ACTION REFERRING DR-O1-007 & BSE-O1-011 (397-17-034) - CHEN, 19751 • VERSAILLES WAY BACK TO THE PLANNING COMMISSION Vice Mayor Streit indicated that the City Attorney has informed him the Council needs to go back to Item 4. Vice Mayor Streit explained that since the item was on the agenda the Council is required to hear public comments. Councilmember Baker asked the City Attorney if the Council has to set aside their vote that was previously taken and listen to input from the public and then vote again. Attorney Taylor explained that Council would need to hear from the public and then reconsider the motion to reconsider the issue. Mary Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, noted that at the last meeting because the neighbors could not agree on the proper setback Council decided to ssend the project back to the Planning Commission. Mrs. Doble noted that a few days ago she and her husband met with every neighbor and everyone agreed on a 55 ft. setback. Mrs. Doble noted that the asked each neighbor to sign a declaration stating they agreed to the setback. Mrs. Doble noted that prior to picking up the declarations from the neighbors, she received a phone call from Mrs. Joan Fox indicating that the neighbors have changed their minds and were having a meeting on Saturday and they were not invited. Mrs. Doble explained that Mrs. Fox told her that the neighbors were going to discuss the set back. Unfortunately as a result of this meeting the neighborhood had at Mrs. Fox's house other issues including the height and style were now a problem. Mrs. Doble noted that Mrs. Fox said the entire neighborhood was against this project. Mrs. Doble requested that the Council allow this project to go forward. Mr. Chen/Applicant. Mr. Moore noted that Mr. Chen has done everything possible to please his neighbors. Mr. Moore noted that his client is confused on what mandates his project to go back to the Planning Commission. Paul Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, noted that he has tried to explain to the neighbors that the only issue up for discussion was the positioning of the house. Mr. Doble requested that the Council cannot hear this project until December, which will hold up all of his subcontractors. Attorney Taylor noted that an appeal can be filed on one particular basis but under the City's code once the Council hears an appeal it is called a denuvo hearing which means the Council is free to consider any other issues they want regardless of the specific issues on which the appeal was filed. In regards to what action the Council may take tonight, Attorney Taylor explained that since the Council acted and closed the item earlier this evening, we have do not know if there were other individuals who wanted to participate in the discussion. Attorney Taylor stated that for due process reasons the City Council cannot take a final action on the matter tonight. City Council minutes 1 Q October 17, 2001 Attorney Taylor explained that the most the City Council could do tonight is either do nothing this evening in which it would go back to the Planning Commission or vote to reconsider the appeal at the next Council meeting and at that time Council could make a final decision. Mr. Doble requested that the City Council hear and consider it at the next meeting. Director Sullivan and Planner Knapp would have the opportunity to meet with the four homeowners. Mr. Doble noted that if the Council sends this it back to Planning another neighbor might appeal it and the project would be held up even longer. BOGOSIANBAKER MOVED TO PLACE DR-O1-007 & BSE-O1-011 (397-17-034) - CHEN,19751 VERSAILLES ON THE AGENDA FOR THE MEETING OF NOVEMBER 7, 2001. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. Councilmember Bogosian requested that if Director Sullivan meets with the neighborhood to please invite everyone who owns property on this street to the meeting on November 7, 2001. Councilmember Bogosian noted his only interest is focusing on the setback; he supports the setback at SSft. Consensus of the City Council to reopen Oral Communications. Rich Schmieder, 19525 Three Oaks Way, stated that he has never been noticed regarding the ongoing~construction project on the Ferrari residence. Mr. Schmeider described a fe~v of the problems with this site including excessive noise and garbage and several occasions where his property was flooded by their pool. Mr. Schmieder noted that he visited the Building Department to complain about various issues. Mr. Schmieder asked if the City has time limits to complete a project. Mr. Schmieder requested that the City Council investigate his concerns. Consensus of the City Council to direct staff to do a follow up report concerning Mr. Schmieder's complaints. NEW BUSINESS 7. ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO PROCESS CLAIMS FILED AGAINST THE CITY STAFF RECOMMENDATION: Introduce and waive first reading of ordinance. Richard Taylor, City Attorney, presented staff report. Attorney Taylor explained that State law and Saratoga City Code require that the City be given the opportunity to review a claim against the City before the claimant pursues that matter in Superior Court. Currently, all such claims are heard by the City Council. Government Code allows the City Council to delegate to City staff claim review and payment authority for claims under $50,000. City Council minutes 11 October 17, 2001 Attorney Taylor noted that because many claims are small and do not raise major policy issues, staff recommends that the City Manager be authorized to process minor claims with the concurrence of the City Attorney. This would speed processing of claims and reduce the administrative burden to applicants and to the City Attorney. 8 Attorney Taylor noted that the attached ordinance would authorize the City Manager to accept, settle, or reject claims against the City of $3,000 or less with the concurrence of the City Attorney. Staff would retain the discretion to seek Council review for claims that are less than $3,000 and would be required to seek Council review for claims that are less than $3,000. The intent of this ordinance is to streamline the process. Councilmember Bogosian noted he likes the opportunity to review the claims that are filed against the City and does not support this ordinance. Councilmember Baker noted that the citizens of the City of Saratoga do not elect the Manager and the Attorney. Councilmember Baker noted that the City does not receive many claims and it is his responsibility as an elected official to review them. If circumstances change and the Council becomes overwhelmed with claims Councilmember Baker noted he might change his mind. Vice Mayor Streit concurred with his colleagues. Consensus of the City Council to oppose the proposed ordinance and continue reviewing every claim that is filed against the City of Saratoga LEGAL REVIEW OF PERSONNEL RULES AND POLICIES STAFF RECOMMENDATION: Authorize City Manager to execute agreement with Liebert Cassidy Whitmore. TITLE OF RESOLUTION: 01-082 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE APPROPRIATION OF $14,100 FOR A REVIEW OF PERSONNEL RULES AND REGULATIONS AND DEVELOPMENT OF NEW POLICES Dave Anderson, City Manager, presented staff report. City Manager Anderson reported that after an analysis of the City's rules, polices, memorandums of understandings and letters of agreement reveal a need for a comprehensible legal review of personnel related documents. The City's rules have not been substantially reviewed since 1987. The City's administrative polices have not been revised since 1993. The City's rules and polices are not only critical to efficient and economical provisions of service to the public, but insure fair treatment for those who compete for employment and promotion. The rules define the obligation, rights, privileges and prohibition that are placed upon the City employees. City Council minutes 12 October 17, 2001 City Manager Anderson noted that while. the Human Resource Analyst has been drafting revisions to the City's polices over the last two years, a meeting with attorney Richard C. Bolanos of Liebert, Cassidy, & Whitmore confirmed the need for an immediate comprehensible review of not only polices, but also City's rules and other documents defining the City's personnel system. Liebert Cassidy and Whitmore submitted an estimate not to exceed $14,000 for a review of personnel rules and regulations and development of updated polices. Councilmember BOGOSIAN asked why we have to hire a consultant to do this when perhaps we could copy another cities and go through the document and apply it to the City of Saratoga needs. Attorney Taylor noted that although Attorney Wittwer, who handles most of the City's personnel issues, has adequate knowledge of personnel regulations Liebert, Cassidy, Whitmore has the legal expertise. BAKER/WALTONSMITH MOVED TO AUTHORIZE EXECUTION OF AGREEMENT WITH LIEBERT, CASSIDY, WHITMORE AND ADOPT RESOLUTION APPROPRIATING FO $14,100. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. 9. CONSIDER REQUESTS TO JOIN FRIENDS OF THE COURT BRIEFS IN LOWENSTEIN V. CITY OF LAFAYETTE STAFF RECOMMENDATION: Approve requests to join amicus briefs. Richard Taylor, City Attorney, presented staff report. Attorney Taylor explained that the City's support is currently being sought in Loewenstein v. City of Lafayette, a case of possible concern to the City. The case arises out of the City of Lafayette's denial of a lot line adjustment. The City is appealing the Superior Court's decisions (1) the denial of the lot line adjustment constituted a taking even though the property owner had not submitted even one development application for the development parcel involved in the lot line adjustment and (2) the city must compensate the property owner for the two year delay in developing the property due to the denial and subsequent litigation. Attorney Taylor noted that the attached letter form the City of Lafayette describes what the amicus brief will argue (1) the takings claim should not have been considered because the landowner had not received a final decision from the City of the permissible uses of the undeveloped parcel (2) there can no taking where the regulatory delay is due to a City's good faith error of law (3) a good faith two year delay in the development process does not have an unduly severe economic impact or interfere with reasonable investment expectations. City Council minutes 13 October 17, 2001 BOGOSIAN/BAKER MOVED TO APPROVE REQUEST TO JOIN AMICUS BRIEF. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith reported the following information: Chamber of Commerce -Celebrate Saratoga was a success and had a tremendous crowd. SASCC -facing financial hardships. VTA - requested a list of CNG fueling stations in the Bay Area. Councilmember BOGOSIAN reported the following information: • Library JPA -after the City Manager contacted the County Library, they have agreed to wait until after the bid opening for Phase II of the Library Project before they spend the $300,000. Councilmember Baker reported the following information: KSAR -establishing personnel rules, improving programs and bringing in new ideas to the table. Councilmember Baker noted that he was impressed with the new staff. Emergency Planning Council -discussed the urgency to standardize and equip all of the cities in Santa Clara County with updated emergency procedures to provide for proper response in cause of any terrorist activities. Vice Mayor Streit reported the following information: • Hakone Board of Directors -appointed new Board Members. • West Valley Solid Waste JPA -continued negotiations for renewal of recycling contract CITY COUNCIL ITEMS Councilmember Bogosian referred to a letter he received from Peter Wang and requested that it be forwarded to Council Library personnel. Councilmember Bogosian requested a debriefing of Celebrate Saratoga including overtime City staff worked, injuries, and the breakdown of money collected from food and alcohol. Councilmember Waltonsmith noted that she supports Councilmember Bogosian's request. Councilmember Baker requested that staff provide Council with all Commission/Committee procedures and polices. Councilmember Waltonsmith noted that she recently was invited to speak at the Greenbrier Homeowner's Association meeting. Councilmember Waltonsmith described some of the neighbors concerns: • Trees located near Cox/Highway 85 are dying. • Construction trucks are still going down Seagull Way City Council minutes I4 October 17, 2001 OTHER • None CITY MANAGER'S REPORT City Manager Anderson noted that staff has learned that there would not be a quorum for the meeting of November 21, 2001. Attorney Taylor noted that tomorrow Ann Sullivan, Secretary to the City Manager, would be distributing to Council two correspondences. The First is a memo from the Tobacco Legal Assistance Committee, which summarizes the law in the aftermath of the Supreme Court ruling from last spring in the Loralard v. Massachusetts Tobacco case. The City joined the amicus brief and should have this information Attorney Taylor noted that the second correspondence is a two-page memo from the State Water Resources Control Board describing their effort to come up with state regulations on septic systems. Attorney Taylor noted that staff would be monitoring their progress. ADJOURNMENT Vice Mayor Streit adjourned the meeting at 9:30 p.m. Respectfully submitted, • Cathleen Boyer, CMC City Clerk • City Council minutes 15 October 17, 2001 MINUTES SARATOGA CITY COUNCIL NOVEMBER 7, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 4:25 p.m. to interview applicants for the Arts Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:45 p.m. CONFERENCE WITH LEGAL COUNSEL - IhTITIATION OF LITIGATION: (Government Code section 54956.9(c)): (1 case) 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 Evan Baker, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Mayor John Mehaffey ABSENT: Vice Mayor Nick Streit ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Director of Admin. Services John Cherbone, Director of Public Works Danielle Surdin, Economic Development Coordinator REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 7 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 7, 2001 was properly posted on November 2, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: City Council Minutes 1 November 7, 2001 • ~1 L__J Willys Peck, 14275 Saratoga Avenue, noted he was present tonight representing the Saratoga Historical Foundation. Mr. Peck requested that the City allow the Foundation to apply for a Park Charter Fund Grant from Santa Clara County in order to expand the Historical Museum located on Saratoga-Los Gatos Road. Mr. Peck explained that the current building lacks storage space and an office. John Keenan, 22215 Mt. Eden Road, thanked the Council for their ongoing support. Mr. Keenan noted that although the F.A.C.T Committee members who were running for Fire Commission did not win they would not loose focus on improving fire safety in the City of Saratoga. Ed Farrell, 20877 Kittridge Road, noted that the Fire Commission election was the best hope for reform in the Saratoga Fire District. Mr. Farrell noted that the F.A.CT. Committee candidates came up short on votes and the incumbent_and a new commissioner won. Mr. Farrell noted that F.A.C.T would continue to follow through with the L.A.F.C.O. process. Mr. Farrell thanked the City Council for their ongoing support. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith noted that Mr. Peck's request should be agendized and taken care of in a speedy manner. Councilmember Waltonsmith thanked the members of the F.A.C.T. group for coming to tonight's meeting. Councilmember Bogosian noted that the Public Safety Center Complex is extremely important what hangs in the balance is not just an efficient fire house but the long term viability of the Sheriff's presence in the City of Saratoga. Councilmember Bogosian requested that City staff move forward with the Public Safety Center and to work with the new Fire Commissioners. ANNOUNCEMENTS Mayor Mehaffey congratulated the newly elected Fire Commissioners Mr. Geddes and Mr. Long. CEREMONIAL ITEMS None Consensus of the City Council to move to Item 3. City Council Minutes 2 November 7, 2001 OLD BUSINESS 3. PRESENTATION BY VALLEY TRANSPORTATION AUTHORITY - HIGHWAY 85 STAFF RECOMMENDATION: Informational only. Mike Evanhoe, Santa Clara Valley Transportation Authority, noted that tonight he and his colleague, Jeff Funk, would summarize the Highway 85 Noise Mitigation Study and distribute a copy of the final draft of the Evaluation of Noise Mitigation Alternatives for Route 85. Mr. Evanhoe explained that three noise mitigation alternatives were compared and studied: 1. Modify pavement; AC Overlay vs. PCC Grinding Results of numerous studies indicate that asphalt concrete pavement is quieter that PCC pavement in the initial phases of life span of these surfaces. However, the asphalt pavements show a definite tendency to get noisier with age; whereas, noise levels for the PCC seem to remain relatively constant over time. Thus, when comparing using AC overlays vs. PCC grinding to reduce noise, the AC overlay would have to be milled out and replaced about every 4- 6years in order to maintain the initial noise benefit, compared to re-grinding every 10 years for PCC. The continual replacement significantly impacts the life cycle cost for these options, despite similar noise benefits, with the AC overlay options costing about twice as much as the PCC grinding. However, both these options would benefit all the residences along the study limit. Z. Extend Noise Barriers: Wall Height Increases vs. Acoustical Capping Results of the analysis indicate that noise reductions from maximum possible soundwall height increase or wall capping range between 1 and 2dBA for the majority of the 4.2 miles study limit. This amount of noise reduction is considered negligible. However, four locations, involving a total of approximately 4500 feet of soundwall (approximately 20% of the study limit), were identified where noise levels could be reduced by 3-4 dBA to the benefit of approximately 63 nearby residences. Extension of these specific walls would require strengthening of the foundations, as well as the walls, resulting in significant construction impacts. 3. Add Absorptive Material: Metallic panels vs. Landscaping The noise reductions associated with the installation of absorptive panels to the soundwalls and retaining walls will be less that 2 dBA. Similar noise reductions could be expected in areas where additional landscaping, dense shrubs and ivy, are provided. When comparing the addition of absorptive panels vs. landscaping, adding landscaping would probably be the preferred because of its lower costs and more positive aesthetic qualities. Neither of these alternatives would be considered as a stand-alone noise mitigation • '.7 • City Council Minutes 3 ~ November 7, 2001 option, since noise reductions of less_than 3 dBA are considered imperceptible. However, these alternatives could be considered in conjunction with other mitigation alternatives. Mr. Evanhoe explained that after all the alternatives were studied, only modifying the pavement and extending the noise barriers produce a perceptible reduction in noise. Therefore, it is these alternatives that are recommended for implementation. Specifically, PCC grinding is the option recommended for modifying the pavement. PCC grinding is preferred over a AC overlay since it provides a similar noise benefit at a life-cycle cost about half the cost of the AC overlay option. In addition, PC grinding of the surface results in a surface with lower level of ongoing maintenance requirements, lessening the impacts to the traveling public during maintenance activity, and reducing exposure of maintenance workers to traffic. The expected life span of the noise benefit for PCC grinding is greater than that for the AC overlay. Mr. Evanhoe noted that soundwall height increase and/or acoustical capping for specific soundwall locations is also recommended for implementation. Increasing the soundwall height and acoustical capping have similar noise reduction benefits and costs. Mr. Evanhoe noted that two viable cost effective mitigation alternatives are recommended for implementation. The next step is for the VTA to-begin developing these alternatives by initiating the project development process. This process would include preliminary engineering, environmental approvals, and design for tow projects. Mr. Evanhoe noted that Project 1 (Grinding of the existing PCC) would be based on utilizing standard diamond grinding. Mr. Evanhoe briefly explained that diamond grinding is a concrete restoration technique that can be used to correct a variety of surface problems. It provides a smooth riding surface with desirable friction and noise characteristics. Grinding of the old PCC pavement can eliminate the extra noise caused by cracks and uneven slabs as well as reducing the tire and roadway interaction noise levels. Mr. Evanhoe explained that the Santa Clara County 1996 Measure B Transportation Improvement Program includes $9.3 million for noise mitigation along Route 85 corridor from Interstate 280 to Route 87. Implementing the two projects would cost approximately $7 million, including engineering and construction costs, which is within the funding available. Mr. Evanhoe noted that the proposal for grinding -goes before the VTA Board on January 10, 2002. A discussion took place amongst the City Council whether or not • microgrinding would alleviate the noise on Highway 85. Mr. Evanhoe stated that if he felt that microgrinding was not a sufficient solution, he would not be recommending it to the Council tonight. City Council Minutes 4 November 7, 2001 Mayor Mehaffey noted that the information on microgrinding is limited and he is not willing to make any concrete decisions without more information. Mr. Evanhoe suggested that perhaps the proposal for microgrinding before the VTA Board in January be postponed to February and come back to Council in January with more information on microgrinding. Richard Lowenthal, City Councilmember/City of Cupertino, noted that the City of Cupertino would like to partner with the City of Saratoga on any decisions made on Highway 85. Mr. Evanhoe suggested a Joint Study Session with the City of Saratoga and City of Cupertino. Mr. Evanhoe stated that he would be willing to facilitate the meeting. The City Council thanked Mr. Evanhoe and Mr. Funk for the presentation. Mayor Mehaffey noted that it was not the appropriate time to begin the Public Hearings and requested to move to Item 1 C. Consensus of the Council to move to Item 1C. CONSENT CALENDAR 1 C. FISCAL YEAR ENDED JUNE 30, 2001- COMPREHENSIVE ANNUAL FINANCIAL REPORT STAFF RECOMMENDATION: Accept report. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca noted that tonight the City of Saratoga's Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2001, is presented to the City Council for approval. The CAFR is prepared pursuant to applicable federal, state and local statutes, that requires the City of Saratoga annually report on its financial position and activity and that this report be audited by an independent certified public accounting firm. Director Baloca noted that Gary Caporicci of Caporicci, Cropper, & Larson LLP, was present tonight and would give a brief overview of the City's CAFR. • Gary Caporicci, Senior Partner/Caporicci & Crawford, stated that the City of Saratoga is in full compliance with GASB 33. Mr. Caprocci noted that the City is in a wonderful financial condition in the General Fund. The unreserve fund is . approximately $9.5 million dollars, relevant to the City's expenditures and ongoing operations. Mr. Caporicci noted that the City's retirement system is in good sound condition and has over $4.7 million dollars. Mr. Caporicci noted that City Council Minutes 5 November 7, 2001 a future item is GASB 34, which is a brand new financial reporting model that was issued in 1998. Mr. Caporicci noted that the City of Saratoga has already begun the process to comply with this new report. Mayor Mehaffey noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 2. Consensus of the Council to move to Item 2. PUBLIC HEARINGS 2. GENERAL PLAN LAND USE MAP AMENDMENT -14800 BOHLMAN ROAD/14766 OAK STREET, APN'S 517-13-018, 517-13-019& 517-12-001 - SOBRATO DEVELOPMENT COMPANY STAFF RECOMMENDATION: Conduct Public Hearing and adopt resolution amending the General Plan Land use Map. TITLE OF RESOLUTION: 01-082 RESOLUTION OF THE CITY COUNCIL AMENDING THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND DESIGNATION OF ASSESSOR PARCEL NUMBERS 517-13-018, 517- 13-019, & 517-12-001 FROM QUASI-PUBLIC FACILITIES TO VERY LOW DENSITY RESIDENTIAL Councilmember Bogosian recused himself from participating in the discussions on this item due to the fact he received a Public Hearing Notice at his residence. Tom Sullivan, Community Development Director presented staff report. Director Sullivan explained that the Planning Commission approved a Tentative map for the subdivision of a 23.5 acre site into 11 lots ranging in size from 40,913 square feet to 6.2 acres, this approval is still valid. Minor road widening and the development of a pedestrian walkway along Bohlman Road have been approved as part of the Tentative map. Two acres will be transferred to the Saratoga Cemetery District for the expansion of the Madronia Cemetery upon recordation of the Final map. Use Permits approval was granted to sanction the existing cemetery and to allow for the expansion of the cemetery. Director Sullivan stated that the site is located within an R-1-40,000 zoning district and the current General Plan designation is Quasi Public Facilities. The Planning Commission adopted a resolution recommending the City Council amend the land Use Map from Quasi-Public facilities to Residential- Very Low Density. Ciry Council Minutes ( November 7, 2001 Director Sullivan noted that the Planning Commission determined that this site is physically suitable for this type of development and the proposed density is consistent with the General Plan guidelines and policies for Residential-Very Low Density designation. Director Sullivan noted that the proposed General Plan amendment is not subject to Measure G. The City Council has the final authority to make the amendment to the General plan. The Tentative Map has been conditioned so that the City Council must act in the positive in order to validate the Tentative Map. Councilmember Waltonsmith noted that she is hesitant to let go ofquasi-public land uses. Councilmember Waltonsmith noted that Saratoga needs other types of buildings rather than very expensive homes. Mayor Mehaffey opened the public hearing at 7:55 p.m. and invited public comments. There being no public comments Mayor Mehaffey closed the public hearing at 7:56 p.m. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND DESIGNATION OF ASSESSOR PARCEL NUMBERS 517-13-018, 517-13-019, & 517-12-001 FROM QUASI- PUBLIC FACILITIES TO VERY LOW DENSITY RESIDENTIAL. MOTION PASSED 3-0-1-1 WITH STREIT ABSENT AND BOGOSIAN ABSTAINING. OLD BUSINESS 4. APPEAL OF DR-O1-007 &BSE-O1-011 (397-17-034) 19751 VERSAILLES WAY APPLICANT: CHEN /APPELLANT: HARI AND YVONNE PILLAI STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-081 RESOLUTION OF THE CITY COUNCIL DENYING AN APPEAL OF THE DESIGN REVIEW APPLICATION DR-O1-007 &BSE-O1-011) 19751 VERSAILLES Tom Sullivan, Community Development Director presented staff report. Director Sullivan reported that the City Council directed that this item be placed • on the November 7, 001 agenda to reconsider the previous action to refer the project back to the Planning Commission. The City Council further directed staff to inform the neighbors that if they had issues to discuss regarding the project that City Council Minutes ch 7 November 7, 2001 they should be at the November 7`h meeting. A meeting was conducted at City Hall on October 23, 2001, with the neighbors. The neighborhood representatives were advised of the City Council's direction provided at the October 17, 2001 meeting regarding the importance of them attending the November 7`h meeting. Director Sullivan explained that they were also informed of the Council's desire to only address the setback issue as part of reconsideration. At the end of the meeting with the neighbors, no clear consensus was reached with the neighbors with respect to the setback issue. Greg Kawahara, Architect, 5466 Mollie Circle, Livermore, recapped all the steps that have taken place in regards to this project. Mr. Kawahara noted that his client has gone above and beyond the normal to accommodate the neighbors. Mr. Kawahara requested that the Council approve the 55 ft. setback. Mary Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, noted that Mr. Chen feels he is being taken advantage by the neighbors and feels there is an underlying reason for it. Mrs. Doble requested that the Council settle this appeal tonight approving the 55 ft. setback. Paul Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, thanked the City Council for their patience. Cliff Moore/Attorney, 1567 English Drive, San Jose, noted that he represents Mr. Chen. Mr. Moore noted that Mr. Chen has worked diligently with the neighbors trying to resolve their differences and feels that a decision and or compromise will never be reached. BOGOSIAN/BAKER MOVED TO UPHOLD THE PLANNING COMMISSIONS DECISION BY DENYING APPEAL OF DESIGN REVIEW APPLICATION DR-O1-007 & BSE-O1-011 19752 VERSAILLES, ADDING FOUR CONDITIONS AND APPROVING THE 55-FOOT SETBACK. MOTION PASSED 3-0-1-1 WITH STREIT ABSENT AND MEHAFFEY ABSTAINING. Referring to letters submitted to Council by neighbors on Versailles protesting this project, Councilmember Baker noted that he disagrees with every objection presented by the neighbors. Councilmember Baker noted that in his opinion Mr. Chen's house would not be out of character in the Versailles neighborhood. Councilmember Baker noted that he has visited that neighborhood and cannot find any consistencies amongst the existing houses in design, color, height, or design. Councilmember Baker noted that several of the issues that came before the City Council should have been resolved at the Planning Commission. • City Council Minutes $ November 7, 2001 CONSENT CALENDAR __ lA. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -SEPTEMBER 5, 2001 REGULAR MEETING -SEPTEMBER 19, 2001 STUDY SESSION -OCTOBER 9, 2001 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that the minutes of September 19, 2001 be pulled from the Consent Calendar. Councilmember requested that on page 9, 12th paragraph. The word "uneducated" should be replaced with "not sufficiently informed". Councilmember Waltonsmith noted that on page 10, 6th paragraph "Sacramento" should be replaced with "Oakland". BOGOSIAN/WALTONSMITH MOVED TO APPROVE THE MINUTES OF SEPTEMBER 19, 2001 AS AMENDED. MOTION PASSED 4-1 WITH STREIT ABSENT. BAKER/BOGOSIAN MOVED TO APPROVE THE MINUTES OF OCTOBER 9, 2001. MOTION PASSED 4-1 WITH STREIT ABSENT. The minutes of September 5, 2001 will be agendize on the December 5, 2001 agenda. Councilmember Waltonsmith and Councilmember Baker were absent at that meeting and would have to abstain from voting, so it would be a 2-0-2-1 vote. Vice Mayor Streit needs to be present in order for the minutes to be approved. Mayor Mehaffey suggested that each set of City Council minutes be a separate item on the agenda for approval. 1B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITHBOGOSIANMQVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-1 WITH STREIT ABSENT. 1 C. FISCAL YEAR ENDED JUNE 30, 2001- COMPREHENSIVE ANNUAL FINANCIAL REPORT STAFF RECOMMENDATION: Accept report. City Council Minutes 9 November 7, 2001 WALTONSMITH/BOGOSIANMQVED TO ACCEPT THE FISCAL YEAR ENDED JUNE 30, 2001 -COMPREHENSIVE ANNUAL FINANCIAL REPORT. MOTION PASSED 4-1 WITH STREIT ABSENT. 1D. REVIEW PLANNING COMMISSION ACTION MINUTES REGULAR MEETING -OCTOBER 24, 2001 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-1 WITH STREIT ABSENT. 1 E. CONGRESS SPRINGS PARK -EXTENSION OF SAFETY NETTING STAFF RECOMMENDATION: Authorize execution of agreement and approve change order. WALTONSMITHBOGOSIAN MOVED TO APPROVE CONSTRUCTION PROPOSAL FROM ACTION NETTING. INC. IN THE AMOUNT OF $19,850.00 TO EXTEND THE SAFETY NETTING AT CONGRESS SPRINGS PARK AND APPROVE AUTHORIZATION OF PROFESSIONAL SERVICES AGREEMENT. MOTION PASSED 4-1 WITH STREIT ABSENT. 1F. FINAL MAP APPROVAL FOR ELEVEN LOTS LOCATED AT 14800 BOHLMAN ROAD STAFF RECOMMENDATION: Adopt resolution granting final map approval and authorization to Mayor to execute the Subdivision Improvement Agreement. TITLE OF RESOLUTION: SD-99-003 RESOLUTION OF THE CITY COUNCIL APPROVING THE FINAL MAP OF SD-99-003 14800 BOHLMAN ROAD Councilmember Bogosian requested that Item I F be pulled from the Consent Calendar. Councilmember Bogosian stated that he has to recuse himself from participating in the discussions on this item due to the fact he received a Public Hearing Notice at his residence. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION SD-99-003 GRANTING FINAI. MAP APPROVAL. MOTION PASSED 3-1-1 WITH STREIT ABSENT AND BOGOSIAN ABSTAINING. City Council Minutes IQ November 7, 2001 BAKER/WALTONSMITH MOVED TO AUTHORIZE THE EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED 3-1-1 WITH STREIT ABSENT AND BOGOSIAN ABSTAINING. OLD BUSINESS 5. AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH SANTA CLARA COUNTY -PROPERTY TAX SETTLEMENT STAFF RECOMMENDATION: Authorize execution of agreement. Mayor Mehaffey removed Item 5 from the agenda and directed staff to agendize it for the meeting of December 5, 2001. At 8:20 p.m. Mayor Mehaffey announced that the City Council would take a ten minute break Mayor Mehaffey reconvened the meeting at 8:30 p.m. NEW BUSINESS 6. RELEASE OF DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE RECTOR, WARDENS, AND VESTRYMAN OF ST. ANDREW'S PARISH STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-080 RESOLUTION OF THE CITY COUNCIL OF SATISFACTION AND RELEASE OF DEFERRED IMPROVEMENT AGREEMENT John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that the City has been requested by the owners of St. Andrews Church and School to release the "Deferred Improvements Agreement" that was recorded in 1983. This agreement was recorded as a condition of Use Permit UP-530. Per the agreement the owner agreed to construct the following off-site improvements: street grading, base and paving, curb and gutter, electroliers, and underground conduit with wiring and pull boxes. Director Cherbone noted that staff has reviewed the agreement and conducted a site visit. All improvements required per the agreement have been completed and accepted by the City. City Council Minutes 11 November 7, 2001 BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION OF SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT WITH ST. ANDREWS PARISH. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 7. NORTON ROAD FIRE ACCESS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that at the April 18, City Council meeting, Beverly Phipps, who lives at 15270 Norton Road, expressed his concerns regarding the need for additional emergency fire access in the Bohlman Road hillside area. Mr. Phipps suggested constructing a fire access road, which would connect Norton Road to the access road presently being constructed for Villa Montalvo's artist residency studios. The proposed connection would allow emergency access from Norton Road through Montalvo and ultimately to Piedmont Road. Director Cherbone explained that staff has been assisting Mr. Phipps on this issue, and in June a meeting was facilitated with Villa Montalvo and interested hillside residents. Villa Montalvo was receptive to the emergency access proposal with the caveat that the unimproved Wildcat Road Right-of--Way be improved. Villa Montalvo would like to use Wildcat as a second egress during specific times of the year to facilitate their traffic circulation. They believe that in an emergency their existing egress would be overly impacted if additional vehicles were introduced without the construction of a secondary egress. Director Cherbone noted that in order to gage interest for the emergency access road, Mr. Phipps mailed approximately 1001etters of interest encompassing properties that were believed would most directly benefit from the road. The City received responses from 32 properties with 30 in favor and 2 against the proposal. Director Cherbone noted that the construction costs would be approximately $75,000 to $100,000 for the upper road and approximately $400,000 to $700,000 for Wildcat Road. Director Cherbone stated that there are three available options to fund this kind of project 1) Direct funding from the interested property owners 2) Assessment District encompassing benefited properties 3) City Funding. Beverly Phipps, 15270 Norton Road, referring to the Oakland Hills fire. Mr. Phipps expressed his concern that the same tragic event could happen in his neighborhood. Mr. Phipps explained that Bohlman Road is very steep and narrow and the vegetation is heavy. Mr. Phipps complimented City staff. Ed Ferrell, 20877 Kittridge Road, stated that in an event of a fire it is impossible for two fire engines to get up Bohlman Road while residents are trying to get out of the neighborhood. City Council Minutes 12 November 7, 2001 Councilmember Bogosian requested that a time be arranged for the City Council to walk the proposed route. 8 Councilmember Baker concurred-with Councilmember Bogosian that the Council should walk the roads in that area. Councilmember Baker noted he supports the road through Villa Montalvo. Councilmember Baker also noted that he would like to direct staff to move forward with discussions with the Board of Trustees of Villa Montalvo. Mayor Mehaffey noted that he agrees with Villa Montalvo's request to use Wildcat Road as an emergency road. In an event of an emergency they would have a lot of people to get out. Councilmember Waltonsmith noted she though Villa Montalvo stated they want to use Wildcat Road all of the time, not just in an emergency. Director Cherbone explained that on many occasions Villa Montalvo have expressed their desire to use Wildcat Road whenever needed. Councilmember Baker noted an emergency cannot be predicted and he does not want to be on a Council that did not take the necessary steps to protect the hillsides. Councilmember Baker stated this project should move forward with diligence and speed. Mayor Mehaffey suggested that two Councilmembers form a subcommittee to investigate the proposal and meet with Villa Montalvo. Councilmember Waltonsmith noted that she supports a subcommittee. BAKER/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER BAKER AND COUNCILMEMBER BOGOSIAN TO THE SUBCOMMITTEE FOR THE NORTON ROAD FIRE ACCESS. MOTION PASSED 3-0-1 WITH STREIT ABSENT. CIVIC CENTER TRAFFIC AND PARKING CONCERNS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that with the large number of people participating in programs offered by the Community and Senior Centers, the constant flow of traffic to the Post Office and the increase in the student population at Redwood Middle School, there is increased traffic and parking congestion around the Civic Center. There is a steady flow of traffic up and down Allendale Avenue all day and at certain times it is very congested. City Council Minutes 13 November 7, 2001 Director Pisani described some traffic and parking issues in regards to the Post Office and Redwood Middle School Employees. Both groups park their cars in spaces around the Community Center. As the spaces for City sponsored programs became limited, the Postmaster and the Principal of Redwood School were contacted to discuss the problem. Both stated that onsite parking is available for their employees. In August a campaign was mounted to inform employees from the post office and the school to not use Civic Center parking lots. Director Pisani explained that another factor in the traffic and parking problem at Civic Center is the Redwood Middle School drop off and pick up. This year more parents of Redwood School students are using Allendale Avenue for a drop off and pick up location. Recently a morning count was taken and within a 20- minute period 106 cars passed the Community Center to_drop students off in the area in fort of the Corporation Yard. It has been reported by many City employees that some days it is impossible to get out of the Corporation Yard because of all the traffic. Besides the Allendale Avenue area near the Corp yard, many parents decide to not get to close to Redwood School so they pull into the City hall parking lots to drop off their students. The Redwood afternoon pickup has the biggest impact on programs at the Senior and Community Centers. Director Pisani noted that Christopher Farmer, Principal of Redwood Middle School, has been very receptive to working with City staff to correct the problem. Director Pisani explained that Mr. Farmer has committed to sending school staff to the City parking lots in the afternoon to talk to parents and inform them that they are not to pick up or wait in city lots. He has also informed the students hanging out in and by the Community Center that they will have to move across the street and wait on school property until their parents pick them up. Mr. Farmer feels that he has no control over the use of Allendale Avenue, but he will encourage parents to use the turnaround in front of the school. Mr. Farmer will also reinforce all of this information in the next parent Newsletter. Stephanie Petrossi, 14688 Stoneridge Drive, noted that she is the SUSD Board President. Mrs. Petrossi noted that the Board is aware of the parking and traffic problems. Mrs. Petrossi noted that another member of the Board, John Waite, ahs been an active participant of the Saratoga School Safety Task Force. Mrs. Petrossi noted that they are very open and interested in helping find solutions to these problems. Referring to the Joint meeting last year between the SUSD and the City Council, Mrs. Petrossi reminded the Council of the pilot-bussing program they were starting. Unfortunately, the cost to parents would be $1000 per school year, which explains why only five families signed up for the program. Mrs. Petrossi explained that fortunately the company the district contracted allowed them to break the contract without penalty. Councilmember Baker asked how the car-pooling program was going. Mrs. Petrossi noted that the car-pooling program is not going as good as they expected it to go. City Council Minutes 14 November 7, 2001 Councilmember Waltonsmith suggested an elevated crosswalk over Allendale Avenue from West Valley College to Redwood Middle School. Brigitte Ballingall, Public Safety Commissioner, 13573 Ronnie Way, noted that the school-bussing program is not going to happen without a bond or a parcel tax. Commissioner Ballingall noted that more parents are aware of the fact they have been impacting City Hall and will try and utilize the back parking lot of Redwood Middle School. Commissioner Ballingall noted that the School Safety Task Force has had discussions about the possibility of staggering the start times with the two private schools on Saratoga Avenue and Redwood Middle School. Commissioner Ballingall suggested the possibility of rewarding carpoolers. Mayor Mehaffey asked Commissioner Ballingall why the increase in traffic. Commissioner Ballingall noted that the increase in traffic is due to the growing population of students. Councilmember Bogosian personally thanked Commissioner Ballingall for her dedication and motivation to finding solutions to the traffic caused by the schools. Councilmember Bogosian also thanked Commissioner Ballingall on the knowledge she has gained and has passed on to Council and staff. Commissioner Ballingall thanked the Council for their continued support. Madeline Morrow, 13660 Via Rancho Drive, noted that she is a Redwood , Middle School parent and has been carpooling ever since she moved to Saratoga. Mrs. Morrow noted that she is a strong advocate for walking and biking to school but unfortunately parents are fearful. Mrs. Morrow agrees with Commissioner Ballingall that carpoolers should be rewarded in some way. Mrs. Morrow noted that Saratoga does not have pedestrian friendly streets. Mayor Mehaffey noted that there are two problems, traffic and parking. Mayor Mehaffey noted he likes the idea of working with West Valley College perhaps use their parking lots as a staging area for a bussing program. Mayor Mehaffey suggested more crossing guards at the corner of Allendale and Fruitvale Avenue. Mayor Mehaffey noted that the cost of bussing is too expensive and alternative means of funding the program should be investigated. Councilmember Bogosian noted he would like to try the alternatives Director Pisani proposed before sending the Sheriff to monitor the traffic. Councilmember Baker noted that he is going to explore other school districts in the area and see if they have the same problems. Councilmember Bogosai requested that the Council revisit this issue on a future date. City Council.Minutes 15 November 7, 2001 Responding to Councihnember Bogosian's request, Commissioner Ballingall noted that a recent conversation with Vice Mayor Streit, he told her that a joint meeting with all the schools was scheduled in February. Mayor Mehaffey thanked everyone for their comments on this issue. 9. VILLAGE PARKING STUDY RESULTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Economic Development Coordinator, presented staff report. Coordinator Surdin explained that a lack of adequate parking in the Village has long been a topic of discussion within the Village business community. Recently the Saratoga Business Development Committee raised the issue as part of economic development discussions. To determine whether the lack of adequate parking was a reality or a perception, staff hired Fehr & Peers Inc. to gather analytical data and draw conclusions about parking availability in the Village. Coordinator Surdin noted that unfortunately Fehr & Peers were unable to conduct the study until after the September 11`'' attacks and those events most likely skewed the data to some degree. Many business owners have reported some decrease in revenue since the event. Coordinator Surdin briefly explained the study conclusions: Saturday • Lots 1 & 4 fill first • Lot 2 gets busy mid-afternoon and steadily fills up by 10 p.m. • Lot 3 is least utilized; there are spaces available all day Wednesday • Lots 1 & 4 peak during lunch and dinner • Lot 2 peaks at lunch and on this particular day also had a spike at 5 p.m. • Lot 3 fills first in the morning between 9 a.m. and then drops off Coordinator Surdin noted that on street parking demand remains constant regardless of day of the week with the exception of mid-day hours (roughly 2 p.m. to 5 p.m.) - on Saturday, more parkers use on-street spaces. Coordinator Surdin noted that the perception of inadequacy can be addressed with parking management strategies including improved signage to alert drivers of parking lots (especially Lot 3); incentives such as no time limit spaces in areas farther from destinations to encourage business owners and employees to park in less used spaces; better enforcement of time limits on the premium spaces nearest businesses; development of a parking brochure that highlights all parking areas for distribution by businesses to their customers; broadcasting of parking information over the TIS radio system. City Council.Minutes 1C ~ November 7, 2001 Coordinator Surdin noted that parking management strategies are fairly low cost and could be covered by the Economic Development budget. Councilmember Bogosian noted he likes the idea of advertising open parking on the radio. 10 City Manager Anderson noted that staff is offering that next summer the City perform another parking survey. Councilmember Bogosain noted that Parking Lot #3 -down the bank of the creek- is full of litter. Responding to Councilmember Bogosian's statement, City Manager Anderson noted that San Jose Water Company owns that particular piece of property and will contact them immediately. Councilmember Waltonsmith noted that she supports improving the parking signs throughout the Village. Councilmember Baker noted that the Town of Los Gatos has a parking program for the neighborhoods around the downtown area, which prohibits anyone to park there except residents on those particular streets. Coordinator Surdin noted that the residential community and the business owners would probably support some type of permit parking. Mayor Mehaffey stated that sometimes it is hard to get out on to Big Basin Road from 4`'' Street. Mayor Mehaffey noted that a delivery truck is constantly parked in the red zone on the corner, which prohibits you from seeing if it is clear to turn. Councilmember Baker noted that he does not support any type of paid parking in Saratoga. Councilmember Baker suggested that business owners and employees be encouraged to park in less convenient parking areas so the more convenient spots could be left for customers and implement a parking program. Consensus of the City Council to direct staff to implement the following in the Village to help with the parking problems: • Improve parking signs • Parking permits for business owners and employees • Announcements on the TIS radio system OPTIONS FOR CITY LEGAL ASSISTANCE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Council Minutes I'7 November 7, 2001 City Manager Anderson explained that the City currently contracts for all legal and litigation services and typically spends approximately $300,000 each year. At a recent Council meeting City Council requested staff investigate hiring a full - time City Attorney and report back to the Council. City Manager Anderson noted that staff conducted a salary survey for Assistant City Attorney and City Attorney positions in nearby cities. City Manager Anderson briefly explained the salary survey results concluding that if the City created a staff position it would cost about the same as is currently spent on contract services. Mayor Mehaffey noted that he requested that this item be placed on the agenda because of some recent comments made in regards to some planning issues that might have been avoided if the City had a full time attorney. Mayor Mehaffey noted he wanted the Council to be aware of all options available to the City. Mayor Mehaffey noted that since the City now has a competent Community Development Director he feels that such problems in the Planning Department will be avoided in the future. Mayor Mehaffey stated that he is completely satisfied with the City's current legal representation provided by Attorney Taylor and Attorney Wittwer. Councilmember Bogosian stated that he is also very satisfied with the services provided by Attorney Taylor. Consensus of the Cit Council to continue to contract le al services. Y g 11. APPOINTMENT AND CONFIRMATION OF DEPARTMENT HEADS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 01-075 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF JESSE BALOCA, ADMINISTRATIVE SERVICES DIRECTOR TITLE OF RESOLUTION: 01-076 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF JOHN CHERBONE, PUBLIC WORKS DIRECTOR TITLE OF RESOLUTION: 01-077 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF JOAN PISANI, RECREATION DIRECTOR City Council Minutes 18 November 7, 2001 TITLE OF RESOLUTION: 01-078 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF LORIE TINFOW, ASSISTANT CITY MANAGER TITLE OF RESOLUTION: 01-079 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF TOM SULLIVAN, COMMUNITY DEVELOPMENT DIRECTOR City Manager Anderson reported that while reviewing the CAFR he discovered that the Municipal Code section 2-20.050 requires City Council confirmation of City Manager and appointment of department head level positions. Given the language in the code the Council needs to take formal action on the confirmation of each department head upon appointment by the City Manager. BAKER/WALTONSMITH MOVED TO APPROVE RESOLUTIONS OF APPOINTMENT OF JESSE BALOCA, JOAN PISANI ,JOHN CHERBONE, TOM SULLIVAN ,AND LORIE TINFOW. MOTION PASSED 4-0-1 WITH STREIT ABSENT. COMMISSION ASSIGNMENT REPORTS Mayor Mehaffey reported that the Finance Commission met Monday night and now has five new Commissioners. Mayor Mehaffey noted that they discussed the CAFR. Councilmember Waltonsmith had no reportable information. Councilmember Baker had no reportable information. Councilmember Bogosian noted that the Library Expansion Committee met and reported that after the City of Saratoga requested that the County Library put buying furniture on hold until after Phase II bids are in they have retracted their commitment to provide the funds for the moving costs. Councilmember Bogosian requested that staff investigate what happened in Los Altos when they renovated their library, specifically what type of agreement did they have with the County. City Manager Anderson noted that he would follow up on his request and report back at a future time. CITY COUNCIL ITEMS Referring to a letter sent to Council by Teri Baron/Trails Representative, Councilmember Waltonsmith noted that Mrs. Baron indicated that the Chadwick trail segment has been built over. City Manager Anderson noted he would investigate Ms. Baron's comments and report back at a future time. City Council Minutes 19 November 7, 2001 Mayor Mehaffey requested an update on the Saratoga Creek Settlement Agreement. City Manager Anderson noted that an update on the Creek Settlement would be agendized a future agenda. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that Doug Sporleder, Chief/SCC Fire Department, recently armounced his retirement. Chief Sporleder's last day is November 29, 2001. ADJOURNMENT Mayor Mehaffey adjourned the meeting at 10:20 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • City Council Minutes 20 November 7, 2001 MI1~iJTES • SARATOGA CITY COUNCIL DECEMBER 11, 2001 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m, CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION: (Government Code section 54956.9(c)): (1 case) The City Council of the City of Saratoga adjourned to Open Session in the Administrative Conference Room at 6:15 p.m. to interview an applicant for the Arts Commission. The City Council adjourned to the Adult Care Center - 19655 Allendale Avenue for the Council Reorganization, Study Session, and Special Meeting. MAYOR'S REPORT ON CLOSED SESSION - 6:35 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Special City Council meeting to order at 6:35p.m. and requested Vice Mayor Streit to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Jesse Baloca, Director of Admin. Services John Cherbone, Director of Public Works Joan Pisani, Recreation Director 1 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 11, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 11, 2001 was properly posted on December 7, 2001. COUNCIL REORGANIZATION REMARKS FROM OUTGOING MAYOR -JOHN MEHAFFEY Mayor Mehaffey thanked the Council and staff for their support throughout the year. 2. REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: Elect Mayor and Vice Mayor. 1. City Manager declares the offices of Mayor and Vice Mayor to be vacant 2. Election of the Mayor 3. Election of the Vice Mayor City Manager Anderson declared the office of Mayor vacant and asked for nominations. BAKER/WALTONSMITH MOVED TO NOMINATE VICE MAYOR STREIT TO THE POSITION OF MAYOR. MOTION PASSED 5-0. Mayor Streit declared the office of Vice Mayor vacant and asked for nominations. BOGOSAIN/WALTONSMITH MOVED TO NOMINATE COUNCILMEMBER BAKER TO THE POSITION OF VICE-MAYOR. MOTION PASSED 5-0. ADMINISTER OATH OF OFFICE TO COUNCILMEMBERS STAFF RECOMMENDATION: Administer Oath of Office. City Clerk Boyer administered the Oath of Office to Mayor Streit and Vice Mayor Baker. 4. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCILMEMBERS Mayor Streit thanked his fellow Councilmembers for appointing him Mayor. Mayor Streit briefly described the accomplishments of this year including the Bay Keepers lawsuit agreement, Measure G, Neighborhood Traffic Management Programs, and safe route to schools program. 2 Mayor Streit commended staff for being the backbone of the City. Mayor Streit also pointed out some of the City's future endeavors, one being the development of a Civic Center Master Plan and Azule Park renovations. Mayor Streit noted that many issues still need the Council's attention such as: re-vitalization of the Village and the Gateway, the parks, the fight to overlay Highway 85, and most importantly to try and unify the City. Mayor Streit noted that it is time to break the artificial barriers and open the lines of communications between our 7 school districts, 2 fire districts, 2 sanitation districts, 3 Lighting and Landscaping Districts, several little league and soccer groups. On a final noted Mayor Streit thanked his family for their support. Vice Mayor Baker noted that he is honored to serve on this Council. Councilmember Bogosian thanked his colleagues for another successful year. Councilmember Waltonsmith thanked her fellow colleagues for their continued support. Mayor Streit announced that the Council meeting would adjourn to a light reception followed by the Civic Center Master Plan Study Session. Due to a prior commitment Councilmember Bogosian excused himself from the rest of the meeting. ADJOURNMENT TO STUDY SESSION - 7:30 P.M. ADULT CARE CENTER -19655 ALLENDALE AVENUE COMMUNICATIONS FROM COMMISSIONS & PUBLIC Communications from Boards and Commissions None Written Communications None CONSENT CALENDAR None PUBLIC HEARINGS None STUDY SESSION CIVIC CENTER MASTER PLAN STAFF RECOMMENDATION: Accept Report and direct staff accordingly. 3 Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on October 9, 2001 Christopher Noll presented six Civic Center site plans in conceptual form to the Council. Director Pisani noted that Mr. Noll's presentation included four options using a combination of existing and new buildings and two options of tearing down existing buildings and building new facilities. After the presentation the Council narrowed down the options. One of their requests was that a new Senior/Community Center be placed near the Corporation Yard. Director Pisani introduced Christopher Noll, Partner/Noll & Tam and Elizabeth McLeod, Architect, and explained that they would present three site plans, the program and phasing summary for each option, and construction costs. As a result of October 9, 2001 City Council meeting Mr. Noll explained that he and Ms. McLeod would present three site plans. Option 1 • Community/Senior Center would include apreschool -located near the Corporation Yard • Gymnasium/Multipurposemom which would also include a Teen Center • Council Chambers would be added on to the existing City Hall • Split-level parking garage would be built between the Community Center and the Gymnasium • Remodeled Civic Theater would share a lobby with the new Council Chambers • Drive thoroughfare around Civic Center to help alleviate traffic congestion Mr. Noll explained that Option I could be built in three phases with total construction cost of approximately $25,474,280. Option 2 • Gymnasium/Multipurpose room which would also include a Teen Center is located near the Corporation Yard • Community/Senior Center would include apreschool -located next to City Hall • Parking Garage between Gymnasium and Community Center • Council Chambers would be added on to the existing City Hall . • Remodeled Civic Theater would share lobby with the new Council Chambers 4 • Drive thoroughfare around Civic Center to help alleviate traffic congestion Mr. Noll explained that Option 2 cannot be built in phases and a total construction cost of approximately $25,435,944. Option 3 • Community/Senior Center would include a preschool and a Teen Center- located next to the Corporation yard • No parking garage • No gymnasium • Drive thoroughfare around Civic Center to help alleviate traffic congestion • Remodeled Civic Theater would share lobby with the new Council Chambers Mr. Noll explained that Option 3 could be built in phases and a total construction cost of approximately $19,190,192. After Council discussion consensus was reached on the following issues: 1. Option 2 - find a way to build using construction phases. 2. Incorporate a close drop off area in front of the Community Center Abhik Pramanik, 12667 Cheverly Court, noted that he is the Vice Chair of the Youth Commission but tonight he is expressing his own opinion, none which reflect the opinion of the Youth Commission. Mr. Pramanik explained that the Warner Hutton House has been a great Teen Center, but it is only 2000 sq. ft. Mr. Pramanik explained that after school the WHH is packed with students. Mr. Pramanik noted he fully supports Option 2, which includes a gymnasium, and a new Teen Center. Ed Sengstack, 190 South 1St Street, Campbell, noted that he is a Board Member for the Saratoga Drama Group. Mr. Sengstack thanked the Council for including both Theater groups to participate in the discussion for the Civic Center Master Plan. Mr. Sengstack requested that if and when the Council addresses renovations to the inside of the Civic Theater, the drama groups would be invited to participate in the discussions. Mr. Sengstack suggested that the Council be aware that the drama groups would benefit from an orchestra pit and new acoustics. Sean O'Lary, Executive Director SASCC, noted that, speaking on behalf of the SASCC Board, Option 2 is their choice. Mr. O'Leary pointed out that the Board would like to see the Community Center in the middle of the property as opposed to the rear of the property. 5 Mayor Streit asked Mr. O'Leary if he would be willing to relocate the Adult Day Care Center off site during construction. Mr. O'Leary responded that if relocating to a temporary location would prevent them from going out of business, they would deal with it. Consensus of the City Council that Option 2 would best meet the needs of City Hall. A discussion took place on how the Master Plan would be funded. Councihnember Mehaffey stated that he could support a parcel tax that would allow the city to pay for and build the new facilities in steady increments. Councilmember Waltonsmith noted that she could support a bond. Vice Mayor Baker requested that the three options presented to Council this evening be displayed somewhere at City Hall and on the City's website for public viewing. The City Council expressed their gratitude to Noll & Tam for their hard work. SPECIAL MEETING OLD BUSINESS 6. SARATOGA CREEK SETTLEMENT AGREEMENT -STATUS REPORT STAFF RECOMMENDATION: Informational only. John Cherbone, Public Works.Director, presented staff report. Director Cherbone briefly explained that the City of Saratoga is in compliance with the settlement stipulations of the Mutual Release And Settlement Agreement with the City, the San Francisco Bay Keepers and the Friends of the Santa Clara Creeks. Don Whetstone, 14768 Vickery Avenue, noted that the City and all participating agencies have been diligently working to solve the problems associated with faulty sewer lines throughout the City. Mr. Whetstone commended City staff for their hard work and dedication to this project. In regards to Item G in the Settlement Agreement, Vice Mayor Baker noted that West Valley Sanitation has found the primary cause of contamination at the storm drain outfall at Saratoga -.Sunnyvale Road. 6 The City Council expressed their gratitude to Mr. Whetstone for all his efforts to help the City deal with this issue. NEW BUSINESS 7. SEWER LATERAL ORDINANCE & ABATEMENT OPTIONS FOR BELOW-GRADE SEPTIC SYSTEMS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staff report. Attorney Taylor noted that as part of the City's ongoing effort to address potential sources of contamination to Saratoga Creek, the City Council directed staff to prepare an ordinance establishing an inspection program for sewer laterals and requiring installation of sewer lateral improvements to facilitate inspections. In addition, the Council directed staff to investigate options available to property owners relying on septic systems because their property is below grade relative to public sewer system. Attorney Taylor noted that the draft sewer lateral ordinance seeks to build upon existing provisions on the City Code authorizing the City to order repairs to leaking sewer laterals. The draft ordinance requires properties to be inspected for leaking laterals (1) upon sale or transfer, and (2) in connection with any significant improvements to the plumbing system on the property. In addition, the ordinance requires installation of sewer clean-out junctions in order to facilitate the inspection process. Attorney Taylor briefly described the existing code and a detailed description of the draft ordinance. Attorney Taylor stated that the draft ordinance would make three substantial amendments to the City Code: 1. Section 2.1 -requires lateral inspections and installation of a two-way cleanout at the property line upon sale or transfer of all property and upon commencing work on any major plumbing project. 2. Section 2.2 -amends the Plumbing Code to require atwo-way cleanout at the property line for all new construction. 3. Section 2.3 -amends the Plumbing Code to specify that visual inspections of sewer laterals with video cameras are permitted in the discretion of the building inspector. Attorney Taylor explained the concern with properties, which have below grade exceptions. Attorney Taylor noted that it is generally believed that these septic systems, which are generally near creeks, are contributing to the pollution problems. The most effective way to eliminate this source of pollution is to require these properties to connect to the sewer system. 7 Attorney Taylor noted that the main concern with eliminating the below grade exemption-are additional costs to property owners beyond the "standard" septic abatement and the problems associated with pump facilities. Vice Mayor Baker expressed his concern regarding the cost of homeowners, noting that most homes in Saratoga are at least 30 years old and not many of those have two clean outs. Vice Mayor Baker noted he could support implementing the ordinance when the house changes ownership. Councilmember Mehaffey concurred with Vice Mayor Baker that homeowners do not need the extra financial burden of installing an additional clean out on their property. Mayor Streit noted his concerns are the triggers that would make homeowners spend a lot of money to be in compliance. Don Whetstone, 14768 Vickery Avenue, noted that the City should focus on the properties near the creek. Mr. Whetstone noted that other Bay Area Communities already have similar ordinances. Mayor Streit suggested that the description of "remodels"' be clarified in the draft ordinance. Consensus of the City Council to direct staff to prepare a revised draft of the ordinance for further discussion. The revisions should (1) require inspection and clean-out only on sale of the property or major remodeling projects (e.g., more than 50% of the structure), (2) limit the use of video testing, and (3) require installation of one-way stop-check valves at the property line at the same time that clean-outs are installed. The revised ordinance should also amend the City Code requirements governing septic system abatement to remove the exemption for below-grade systems. Staff was directed to investigate the costs of complying with the proposed ordinance and the possibility of limiting the ordinance to properties within the vicinity of creeks. The revised draft ordinance and additional information should be brought back to the City Council for further discussion and public comment before the ordinance is placed on the agenda for formal adoption. 8. AUTHORIZATION TO CITY MANAGER TO EXECUTE AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR PUBLIC SAFETY CENTER DESIGN CONCEPT STAFF RECOMMENDATION: Authorize agreement and adopt resolution. Dave Anderson, City Manager, presented staff report. City Manager Anderson noted that this item was continued from the December 5, 2001 City Council meeting due to the fact that the Saratoga Fire District filed a law suit against the City of Saratoga. City Manager Anderson explained that Council directed him to ask the Fire District if they would still be interested in participating in the Ad Hoc Committee. City Manager Anderson noted that he recently talked to Commissioner Egan and confirmed the future participation of the Commission on the Ad Hoc Committee. Don Whetstone, 14768 Vickery Avenue, noted that he is a member of the AdHoc Committee. Due to the recent lawsuit filed by the Saratoga Fire District, Mr. Whetstone stated that he feels this project should be put on hold. Arvin Engelson, 203814 Sea Gull Way, noted that he is a member of the AdHoc Committee and noted that he disagrees with Mr. Whetstone. Mr. Engelson noted that the project should move forward as planned. MOVED TO AUTHORIZE EXECUTION OF AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR PUBLIC SAFETY CENTER DESIGN CONCEPT. MOTION PASSED 4-01- WITH BOGOSIAN ABSENT. 9. CONSIDER REQUESTS TO JOIN FRIENDS OF THE COURT BRIEFS IN BONANNO V. CENTRAL CONTRA COSTA TRANSIT AUTHORITY STAFF RECOMMENDATION: Approve requests to join amicus briefs. Richard Taylor, City Attorney, presented staff report. Attorney Taylor explained that the City's support was currently being sought in Bonanno v. Central Contra Costa Transit Authority, a case of possible concern to the City. Attorney Taylor noted that Bonnano concerns public agency liability for dangerous conditions in the vicinity of agency property. In Bonnano the plaintiff was injured in a crosswalk leading to a bus stop maintained by the Central Contra Costa Transit Authority. The plaintiff alleged that maintaining a bus stop near a busy uncontrolled intersection constitutes a dangerous condition of public property. Attorney Taylor pointed out that the Court of Appeal agreed with the plaintiff and held that the bus stop beckoned pedestrians to use the dangerous crosswalk and could have been made safer by being removed altogether or relocated. 9 BAKER/WALTONSMITH MOVED TO APPROVE REQUEST TO JOIN THE AMICUS BRIEF. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 10. REVIEW OF DRAFT COUNCIL MASTER MEETING CALENDAR FOR 2002 STAFF RECOMMENDATION: Accept report and direct staff accordingly. Consensus of the City Council to accept Council Master meeting Calendar for 2002 with the addition of adding all the school districts to the City Council meeting of June 25, 2001. 11. COUNCIL AGENCY ASSIGNMENTS AND COMMISSION LIAISONS STAFF RECOMMENDATION: Mayor to solicit preferred assignments form Councilmembers. Mayor Streit requested that the Councilmembers submit their preferences to him by Friday, December 14, 2001. Mayor Streit noted that continuity is important on the various agencies so perhaps some liaison positions should remain the same. Mayor Streit noted that a resolution confirming the appointments would be brought back to the Council for approval on December 19, 2001. CITY COUNCIL ITEMS Councilmember Waltonsmith thanked City staff for organizing the reception this evening. Vice Mayor Baker referred to a letter sent to Council from Julie Barsumia. Vice Mayor Baker asked if there has been any follow up to this letter. City Manager Anderson noted he would follow up tomorrow and report back to Council. OTHER None CITY MANAGER'S REPORT City Manager Anderson reminded the Council that he would be on vacation from December 19- January 2, 2002. City Manger Anderson noted that Assistant Manager Tinfow would be Acting City Manager while he is gone. 10 ADJOURNMENT Mayor Streit adjourned the meeting at 10:35 p.m. - Respectfully submitted, Cathleen Boyer, CMC City Clerk • • 11 MINUTES SARATOGA CITY COUNCIL DECEMBER 19, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview an applicant for the Finance Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:15 p.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case.) MAYOR'S REPORT ON CLOSED SESSION - 7:00 Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Richard Taylor, City Attorney, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Ray Galindo, Accounting Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 1 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 19, 2001 was properly posted on December 14, 2001. City Council Minutes 1 December 19, 2001 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS • The following person requested to speak at tonight's meeting: Ed Ferrell, 20877 Kittridge Road, COMMUNICATIONS FROM BOARDS AND COMMISSIONS None `VRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS 1 A. APPOINTMENT AND OATH OF OFFICE OF ARTS COMMISSION MEMBERS STAFF RECOMMENDATION: Approve Resolution of Appointment. TITLE OF RESOLUTION: 01-089 RESOLUTION OF THE CITY COUNCIL APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Mayor Streit noted that Betty Peck and Mary Lou Taylor were unable to attend tonight's meeting and would make arrangements with the City Clerk to take the Oath. Cathleen Boyer, City Clerk, administered the Oath of Office to Leroy Murray, Lisa Pointier de Mattei, and Mary Lou Henderson. • CONSENT CALENDAR City Council Minutes 2 ~ December 19, 2001 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2B. REVIEW OF PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: Note and file. WALTONSMITH/MEHAFFEY MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2C. APPROVE RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION LIAISON APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-088 RESOLUTION OF THE CITY COUNCIL APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES Vice Mayor Baker.requested that Item 2C be pulled from the Consent Calendar. Vice Mayor Baker noted that due to a conflict in scheduling, he is unable to serve on the Chamber of Commerce and the West Valley Sanitation District. Vice Mayor Baker noted that Mayor Streit would now be the liaison to the Chamber of Commerce and he would continue to be the liaison to the District. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION AS AMENDED APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2D. APPROVE RESOLUTION CONFIRMING ABAG PLAN BOARD OF DIRECTORS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-090 City Council Minutes 3 December 19, 2001 RESOLUTION OF THE CITY COUNCIL CONFIRMING ABAG PLAN BOARD OF DIRECTORS WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION CONFIRMING ABAG PLAN BOARD OF DIRECTORS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2E. FINAL MAP APPROVAL FOR FIVE LOTS LOCATED AT 14221 SARATOGA -SUNNYVALE ROAD STAFF RECOMMENDATION: Adopt resolution granting final map approval and authorization to Mayor to execute the Subdivision Improvement Agreement. TITLE OF RESOLUTION: SD-00-003 RESOLUTION OF THE CITY COUNCIL APPROVING THE FINAL MAP OF SD-00-003 14221 SARATOGA-SUNNYVALE ROAD Councilmember Waltonsmith requested that Item 2E be pulled from the Consent Calendar. Councilmember Waltonsmith expressed concern that the City missed another opportunity to incorporate below market rate housing in a new subdivision. Attorney Taylor reminded Councilmember Waltonsmith that the City Council cannot change the subdivision. The only action Council can do is determine whether or not the developer has complied with all the conditions of approval. Attorney Taylor suggested that when the Housing Element is adopted, the City could implement some of the recommended housing programs. Vice Mayor Baker asked if there was a way that the City Council could review any proposed subdivision that goes before the planning Commission. WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTION APPROVING THE FINAL MAP FOR SD-000-003 14221 SARATOGA- SUNNYVALE ROAD. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. BAKER/MEHAFFEY MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. OLD BUSINESS None Mayor Streit noted that it was not the appropriate time to begin the public hearing so he requested that Council move to Item 4. City Council Minutes 4 December 19, 2001 Consensus of the City Council to move to Item 4. NEW BUSINESS 4. CITIZEN OVERSIGHT COMMITTEE REPORT STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that in October, total actual and projected costs exceeded the $14.5 million budget set by the City Council by approximately $85,000. The COC became concerned about the potential for overrunning the budget in the long term and asked staff to alert the Council of this potential. Assistant City Manager Tinfow explained that at the COC meetings on November 26th and December 12th, members continued to be concerned that Councilmembers did not fully realize that large amount of the budgeted contingency funds have been used. The two large impacts on the funds budgeted are the cost of the temporary library and the variance between the actual Phase.I bid and estimate. Assistant City Manager Tinfow pointed out that staff believes that there are two pieces of information that might mitigate the COC's concerns. First, until Phase II bids are received, there is no way to determine the accuracy of the estimate. Second, there are several additional funding sources available. Assistant City Manager Tinfow noted that Susan Calderon, Chair/COC Committee, was present tonight and would like to read the letter to the Council from the COC. On behalf of the COC Committee, Chair Calderon read a letter which expressed the Committee's. concerns. Vice Mayor Baker thanked the COC for doing a great job. Vice Mayor Baker stated that he is not willing to make any financial decisions in regards to the library until.Phase II bids are received. Mayor Streit concurred with Vice Mayor Baker and added that he has no intention of going over budget. 6. AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-093 City Council Minutes 5 December 19, 2001 RESOLUTION OF THE CITY COUNCIL AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that the Economic Growth and Tax Relief and Reconciliation Act of 2001 allows .plan trustees to amend eligible 457 deferred compensation plans to provide additional benefits to participants. Councilmember Waltonsmith asked if other cities have this type of plan. Director Baloca responded yes. Councilmember Mehaffey requested that any time an agreement is amended he would like to see the changes highlighted. MEHAFFEYBAKER MOVED TO ADOPT RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Vice Mayor Streit noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 3. Consensus of the Council to move to Item 3. PUBLIC HEARINGS 3. USE OF CITY PARKS FOR RECREATIONAL SPORTING EVENTS: DRAFT PARKS AND RECREATION ORDINANCE STAFF RECOMMENDATION: Introduce and waive first reading of ordinance. Richard Taylor, City Attorney presented staff report. Attorney Taylor explained as part of the City's effort to provide areas for organized, recreational sporting events, the City Council at its meeting of October 17, 2001 directed staff to prepare user agreements with the AYSO and Little League Baseball for the use of City parks. These agreements will be brought to Council in January 2002. City Attorney Taylor explained that in order to protect against possible risks associated with the inappropriate use of City parks, the Council also directed staff to ensure that the City Code prohibits objects from being hit or thrown into public rights of way near City parks. City Attorney Taylor explained that the draft ordinance would amend the City Code as directed by the Council, would clarify the City's authority to enter into seasonal-long agreements with AYSO, Little League, and other groups, subject City Council Minutes ( December 19, 2001 to conditions imposed by the Director of Parks, and would make several technical "clean-up" amendments to the Code. City Attorney Taylor briefly discussed the proposed changes to each section of the existing ordinance: • 2.1 -prohibits throwing, kicking, or hitting any ball, rock, or other object into any public thoroughfare inside or outside the park • 2.2 -clarifies pre-advertised use of parks. Any group of 25 or more people must have permit • 2.3 -clarifies group use permit process • 2.4 -authorizes the Council to allow applications -for group use permits to be filed more than ninety days before the proposed use of a City park • 2.5 -authorizes Council to revoke a group use permit at any time Vice Mayor Baker asked if the Parks and Recreation Commission reviewed the draft ordinance. Director Cherbone responded that the Parks and Recreation Commissions have been reviewing park Policies but have not seen this proposed ordinance. Mayor Streit opened the public hearing at 7:46 p.m. and invited public comments. Nick Seroff, 20040 Sea Gull Way, Chair/Parks and Recreation Commission, stated that the Parks and Recreation Commission have not had an opportunity to review the proposed draft ordinance. Mayor Streit closed the public hearing at 7:50 p.m. Vice Mayor Baker noted he supports the ordnance with the exception of 2.2 and would like to send it to the Parks and Recreation Commission for review. Consensus of the City Council to direct the Parks and Recreation Commission to review the draft ordinance and report back to the Council before the second reading of the ordinance on January 16, 2002. NE~V BUSINESS 2001-2006 CAPITAL IMPROVEMENT PLAN -APPROPRIATIONS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 01-094 RESOLUTION OF THE CITY COUNCIL ADOPTING A CAPITAL IMPROVEMENT PLAN FORT HE CITY City Council Minutes 7 December 19, 2001 TITLE OF RESOLUTION: O1-092___ RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002 BUDGET WHEREBY CAPITAL IMPROVEMENTS FUNDS ARE ESTABLISHED AND AMOUNTS ARE APPROPRIATED FOR CAPITAL PROJECTS, IN ACCORDANCE TO THE 2001-2006 CAPITAL IMPROVEMENTS PLAN John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that in October 2001 the City Council approved the 2001-2006 CIP that consists of 38 projects. Director Cherbone explained that 26 projects are funded and the remaining 12 are not funded at this time. The total amount funded by existing funding sources is $6,246,350. The total cost of the CIP as adopted is $8,571,350, which included funding from grants and other sources totaling $2,325,000. Councilmember Waltonsmith noted that it was the intention of this Council to have the renovation of Azule Park started before they are no longer in office. Director Cherbone noted that construction should start in July 2002. Katie Alexander, 12340 Goleta Avenue, noted that the playground at Blue Hills School was recently closed because the equipment was not up to ADA standards. Mrs. Alexander requested that the renovations at Azule Park be expedited. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION ADOPTING A CAPITAL IMPROVEMENT PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE 2001-2002 BUDGET WHEREBY CAPITAL IMPROVEMENTS FUNDS ARE ESTABLISHED AND AMOUNTS ARE APPROPRIATED FOR CAPITAL PROJECTS, IN ACCORDANCE TO THE 2001-2006 CAPITAL IMPROVEMENTS PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. COUNTY SUPERVISOR'S REQUEST FOR COUNCIL APPOINTMENT TO THE POLICY ADVISORY BOARD (PAB) FOR THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Appoint one Councilmember and an alternate to the PAB. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the County of Santa Clara County Board of Supervisors sent the City of Saratoga a letter inviting our City to participate on the City Council Minutes $ December 19, 2001 PAB by appointing one Councilmember to serve as a regular member and one Councilmember as an alternate. City Clerk Boyer explained that the Comprehensive County Expressway Planning Study will develop and document consensus on potential expressway improvements of .all types including capacity enhancements, grade separations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study will develop funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. MEHAFFEY/BAKER MOVED TO APPOINT COUNCILMEMBER WALTONSMITH TO BE THE CITY'S REPRESENTATIVE TO THE PAB. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/MEHAFFEY MOVED TO APPOINT MAYOR STREIT AS THE ALTERNATE REPRESENTATIVE TO THE PAB. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. COMMISSION ASSIGNMENT REPORTS Councilmember Mehaffey reported the following information: • Finance Commission -attended their annual Holiday Party hosted by Chuck and Mary Ann Swan. • Gateway Task Force -presentation of the plans to the public on January 16, 2002. Councilmember Mehaffey requested that staff make all of the plans available in the Civic Theater lobby and on the City's website. Councilmember Waltonsmith reported the following information: • Heritage Preservation Commission -discussion on removing the oak trees at the library. Arborist reports indicate only one tree could be removed and replanted; the rest of them should be removed. HPC is working on designing a kiosk for the proposed Adopt a Tree Program. • Youth Commission -Commissioners are excited that the Civic Center Master Plan consists of a new teen center. Vice Mayor Baker had no reportable information. Mayor Streit had reported the following information: • Parks and Recreation Commission -approved user fees for Congress Springs Park which will be coming before Council on January 16`h for approval. • City Council Minutes 9 ~ December 19, 2001 Mayor Streit read the new Council liaisons to the City's commissions as follows: Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian Arts Commission Waltonsmith CITY COUNCIL ITEMS Vice Mayor Baker asked when the next hearing was in regards to West Valley College. Attorney Taylor responded that the briefs were filed in July 2001 and the Court of Appeals would probably make a decision in Apri12002. Vice Mayor Baker questioned the pay back value of the caretaker's cottage at the Hakone Gardens. Vice Mayor Baker referred to a copy of a letter the City received from Housing and Community Development (HCD). Assistant City Manager Tinfow responded that the dollar amount has not been set. Vice Mayor Baker referred to several articles he recently has read regarding Housing and Housing needs. Vice Mayor Baker suggested that his colleagues read them if they have not already. Councilmember Mehaffey expressed his concern regarding the recent AT&T outage. Councilmember Mehaffey noted that he received many complaints from Saratoga residents. Councilmember Mehaffey noted that the recent storm left parts of Saratoga without power for several hours. Councilmember Mehaffey requested that staff contact PG& E and invite them to a future Council meeting. Consensus of the City Council to direct staff to contact PG & E and invite them to a future City Council meeting. Referring to an article he read in the Saratoga News regarding the eucalyptus tree at Saratoga School. Councilmember Mehaffey requested that staff write a letter to the Saratoga Union School District Superintendent, SUSD Board, and the Principal at Saratoga School reminding them of the City's tree removal process. • City Council Minutes 1 Q December 19, 2001 Councilmember Mehaffey noted that at the Hakone Foundation's Holiday party he met a representative from PacBell who informed him that they recently installed DSL lines in the Village. Councilmember Mehaffey mentioned that Councilmember Bogosian was at the League of California Cities Annual Convention representing Saratoga interests. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Streit adjourned the meeting at 8:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • • City Council Minutes 11 December 19, 2001 MINUTES SARATOGA CITY COUNCIL • JANUARY 2, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) ItiTame of case: Arnett v. California Public Employees' Retirement System (PERS) (US District Court Northern District of California No. C-953022 CRB) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Ma or Streit called the Re ular Cit Council meetin to order at 7:00 .m. and re uested y g Y g p q Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 2, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 2, 2002 was properly posted on December 28 i 2001. City Council Minutes 1 January 2, 2001 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ed Ferrell, 20877 Kittridge Road, noted that at a recent Fire Commission meeting the acquisition of the ladder truck that is mandated by the Boundary Drop Agreement is at risk. Mr. Ferrell explained that because the ladder truck will not fit into the current fire station, the truck would have to be bought and stored offsite. Because of this issue, Mr. Ferrell stated, Commissioner Jay Geddes suggested that the Boundary Drop Agreement be terminated. COMMUNICATIONS FROM BOARDS AND COMMISSIOI None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. OATH OF OFFICE OF ART COMMISSION MEMBER STAFF RECOMMENDATION: Administer Oath of Office Mayor Streit invited Mary Lou Taylor to come forward and directed the City Clerk to administer the Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to Mary Lou Taylor. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. City Council Minutes 2 January 2, 2001 2B. OCTOBER & NOVEMBER FINANCIAL REPORTS STAFF RECOMMENDATION: Accept reports. WALTONSMITH/MEHAFFEY MOVED TO ACCEPT OCTOBER & NOVEMBER FINANCIAL REPORTS. MOTION PASSED 5-0 2C. CLAIM OF PATRICK LEUNG; CLAIM NO. GL-005.3005 STAFF RECOMMENDATION: Reject claim. Councilmember Bogosian requested that Item 2C be pulled from the Consent Calendar. Councilmember Bogosian strongly stated that he would like to know what staff member was responsible for this error and requested that this item be removed from the Consent Calendar and continued to the meeting of January 16, 2002. Councilmember Mehaffey concurred with Councilmember Bogosain to continue this item to January 16, 2002. Councilmember Mehaffey requested that staff explain how Mr. Leung incurred the $680.00. Consensus of the City Council to continued the claim of Patrick Leung to January 16, 2001. OLD BUSINESS None Mayor Streit noted that it was not the appropriate time to begin the public hearing so he requested that Council move to Item 4. Consensus of the City Council to move to Item 4. NEVV BUSINESS 4. PROPOSAL FOR ON-CALL PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF SARATOGA'S NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM AND MUNICIPAL TRAFFIC ENGINEERING STAFF RECOMMENDATION: Approve proposal from Fehr & Peers Associates and authorize City Manager to execute a Professional Consulting Agreement. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that the Neighborhood Traffic Management program (NTMP) process was developed to identify strategies to mitigate negative traffic impacts. The neighborhoods, Sheriff's Office staff, NTMP Traffic Engineer, and City Council Minutes 3 January 2, 2001 • • city administrative staff will work together on solutions to traffic related issues. Director Cherbone noted that a Request for Proposals (RFP) describing the City's needs was sent to 27 Bay Area traffic Consulting firms and the City received four responses from the following firms: • Abrams Associates • Fehr & Peers Associates • CCS Planning -and Engineering • Higgins Associates Director Cherbone noted that the deadline for submissions was on Friday, December 7, 2001. The assistant City manager, a member of the Public Safety Commission and the Public Works Director interviewed the firms on December 19, 2001. Director Cherbone noted that staff recommends Fehr & Peers Associates be approved as the City's on-call Traffic Consultant. Fehr & Peers thorough knowledge of the traffic conditions in Saratoga and their strong ability to work with the public makes them the ideal candidate for the NTMP process. The successful completion of the update of the City's Circulation Element and the numerous traffic studies they have prepared for Saratoga schools will enable them to shorten their learning curve concerning Saratoga traffic issues. Additionally, Sohrab Rashid will be the lead consultant to the City. Director Cherbone noted that Mr. Rashid has a proven ability to work with the public and has an established relationship with the City. Councilmember Bogosian asked if Fehr & Peers Associates were ever employed by the Mt. Winery. Attorney Taylor responded that Fehr & Peers worked for the City of Saratoga performing traffic studies in connection with the Mt. Winery. Vice Mayor Baker noted that Fehr & Peers Associates submitted the highest bid. Director Cherbone reiterated that staff and the Public Safety Commission thought because of the delicate nature of the NTMP Program, the City should have the best and most qualified traffic consultants to be dedicated to the NTMP process. Director Cherbone noted that although their bid was higher, Saratoga would save money in the long run because of the familiarity of Saratoga. Mayor Streit noted he supports staff s recommendation. Councilmember Mehaffey noted he has been very happy with the previous work performed for the City by Fehr & Peers. Councilmember Mehaffey requested that in the future all of the bidders ranges be made part of the report. Councilmember Bogosian asked if all four consultants were interviewed. City Council Minutes 4 ~ January 2, 2001 Director Cherbone responded yes. _ Pricilla Ho, 12790 Woodmont Drive, questioned why Fehr & Peers is so much more qualified than the other firms. Ms. Ho suggested that before the Council approves the contract the Council should ask Fehr & Peers if they are willing to negotiate their fees. Preston Babb, 19923 Via Escuala, suggested that Fehr & Peers Associates be paid per project not at an hourly fee. City Manager Anderson explained that the NTMP comes into effect when a resident contacts the Public Safety Commission with a specific safety concern in their neighborhood. The issues and the size of the project vary; all neighborhoods are different. For that reason the City and any consultant cannot set a standardize price. Sohrab Rashid, Project Manager/Fehr and Peers and Associates, commented that during the interview process he was asked why Fehr & Peers rates were higher. Mr. Rashid explained that Fehr & Peers retains quality people to do the technical work while he does the neighborhood outreach and attends the Public Safety Commission meetings. Mr. Rashid stated that he is willing to negotiate a lower rate for his services. Councilmember Bogosian noted that in the future the staff report should show why we should select the highest bidder and what other firms fell short of compared to the preferred bidder. Director Cherbone stated that Fehr & Peers is the top consultant for the NTMP, particularly their staff who would be assigned to the City. City Manager Anderson noted that Fehr & peers have proven themselves with the City. Director Cherbone noted that Fehr & Peers hourly rate may be higher but per project they are lower. Director Cherbone sited the traffic signal project on Seagull Avenue as an example. BOGOSIAN/WALTONSMITH MOVED TO APPROVE PROPOSAL FROM FEHR & PEERS ASSOCIATES FOR ON CALL TRAFFIC ENGINEERING SERVICES. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FEHR & PEERS. MOTION PASSED 5-0. • City Council Minutes 5 January 2, 2001 Vice Mayor Streit noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 3. Consensus of the Council to move to Item 3. PUBLIC HEARINGS 3. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS STAFF RECOMMENDATION: Open Public Hearing; Close Public Hearing; Adopt Resolution. TITLE OF RESOLUTION: 02-001 RESOLUTION OF THE CITY COUNCIL ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the resolution before the City Council tonight represents the second step in Saratoga's weed abatement program administered by the County Fire Marshall. The County has sent owners of the parcels requiring weed abatement notices informing them that 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 Marty Hicks of the County Fire Marshall's Office was present and available to answer any questions Councilmembers may have on this topic. Mayor Streit opened the public hearing at 7:37 p.m. and invited any public comments. Marty Hick, County Fire Marshall's Office, noted that he had no comments but was available to answer questions that the Council may have. Councilmember Baker asked Mr. Hicks if property owners are responding better to the County's notices and abating their weeds. Mr. Hicks noted that the number of parcels has decreased slightly. Mr. Hicks noted that several of the parcels on the list are parcels owned by public utility companies. Mr. Hicks explained that PG& E has requested to be on the abatement list, it is easier for the County to abate their property. Councilmember Waltonsmith asked if the County charges less for abatement than if the property hired a contractor. Mr. Hicks responded that the County actually charges 60 % more due to the fact that administrative fees need to be recovered. City Council Minutes 6 January 2, 2001 Councilmember Mehaffey noted that he does not approve of PG& E passing along the cost to abate their weeds to the taxpayers. Mayor Streit closed the public hearing at 7:54 p.m. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION ORDERING THE ABATEMENT OF WEEDS. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councilmember Mehaffey had no reportable information. Mayor Streit had no reportable information. Vice Mayor Baker stated that he has seen a noticeable difference at KSAR since the new Executive Director, Carolyn de los Santos, took over.- Councilmember Baker noted that the programs are more informative and less boring. The board and staff have many good ideas and plans to improve the whole operation. Councilmember Bogosian requested a current list of the KSAR Board be provided to the Council. Vice Mayor Baker noted that due to the fact that Councilmember Bogosian vas out of town, he attended the recent Silicon Valley Animal Control JPA meeting. Vice Mayor Baker stated that he was astonished by the progress they have made in just one year. Vice Mayor Baker noted that the JPA formed the Silicon Valley Animal Control from the ground up. Councilmember Bogosian stated that Assistant City Manager Tinfow should be thanked because she sits on the Technical Advisory Committee. Councilmember Bogosian noted that the Animal JPA should be completely up and running in 2003. Councilmember Waltonsmith reported the following information: • Chamber ofCommerce -2002 Directory is complete • Sister City -planning their trip to Italy CITI' COUNCIL ITEMS Councilmember Bogosian noted that he recently attended the League of California Cities Annual Conference. Councilmember Bogosian noted that he had lunch with the members of the League's Peninsula division and had the opportunity to meet Saratoga's Grassroots Network Representative. Councilmember Bogosian suggested that the City invite Saratoga's Grassroots Representative to a future City Council meeting. • Ciry Council Minutes '] January 2, 2001 __ ~_ Councilmember Waltonsmith expressed her concern with the excessive speeding through the Village. Councilmember Waltonsmith requested that the Public Safety Commission investigate this issue. Councilmember Mehaffey stated he supports Councilmember Waltonsmith request. • • Councilmember Bogosian noted that not only is speeding a problem but also driving under the influence. OTHER Mayor Streit announced that anAdjourned- Joint Meeting with the City Council, Youth Commission and the Library Commission is scheduled d for January 8, 2002. Mayor Streit briefly explained a few items that are scheduled for the January 16`'' City Council meeting. CITY MANAGER'S REPORT City Manager Anderson noted that he and his wife, Nita, had a wonderful vacation. City_Manager Anderson noted that the three City Center Master Plan alternatives were on display in the Theater lobby. ADJOURNMENT Mayor Streit adjourned the meeting at 8:00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes $ January 2, 2001