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HomeMy WebLinkAbout12-16-1992 City Council Agenda packetEXECUTIVE SUMMARY NO. 1 ;2 Sr MEETING DATE: December 16, 1992 SARATOGA CITY COUNCIL AGENDA ITEM: V 4 ORIGINATING DEPT.: Planning CITY MGR. APPROVAL SUBJECT: Appeal of a two -lot Tentative Parcel Map and Variance condition of approval. Recommended Motion: Uphold the Planning Commission's decision and deny the appeal. Report Summary: At the November 10, 1992 public hearing, the Planning Commission approved a Tentative Parcel Map and Variance request to subdivide a 22,910 sq. ft. parcel, currently developed with a single residence, into two single family residential building sites. The applicants are appealing a condition of approval which limited construction on the newly created vacant parcel to 2,400 sq. ft. This application was first heard at the October 14th public hearing. Planning staff recommended denial of the map based on the difficulty in making the necessary variance findings to support the proposed substandard lot widths. Following public testimony in support of the application, the Planning Commission voted unanimously to approve the request and directed staff to determine a reasonable square footage limit, as well as other development restrictions, in order to ensure that future construction on the newly created lot would be compatible with the existing homes in the vicinity. Staff's subsequent survey found that the immediately adjacent homes on similar substandard parcels ranged from 1,600 to 2,400 sq. ft. (survey exhibit attached). Based on this range, staff recommended that the future residence on parcel A not exceed 2,400 sq. ft., including the garage. This was accepted and adopted by the Planning Commission. The applicants are appealing this limitation as an unnecessary burden. Included in their appeal packet is an exhibit of a much larger survey area than staff used, indicating homes ranging from 2,500 to 3,038 sq. ft. (they have also included significantly larger parcels developed with 4,000 to 4,200 sq. ft. structures.) Staff's response to the applicants' exhibit is that the great majority of larger homes they have identified are built on either conforming parcels (in terms of lot size, frontage, width and depth), and /or larger parcels. Fiscal Impacts: none Attachments: 1. Appeal application letter and exhibits 2. Planning Commission Resolutions SD -92 -007 V -92 -012 3. Planning Commission Minutes dated 11/10/92 4. Planning staff memo dated 11/10/92 Motion and Vote: 4 Appeal Application Letter Grounds for Appeal November 16, 1992 To: The City of Saratoga and Members of the City Council Dear Councilmen: Norma G. Behel, a resident and property owner of Saratoga, for over 37 years recently made application to the Planning Commission for a division of her 22,910 square feet. property into two equal parcels of 11,455 square feet. each. The location of her property is 20241 Herriman Avenue, Saratoga, California. This property was purchased by Norma Behel and her then living husband in 1952 with the intent of dividing it into three separate parcels, each parcel having a frontage and width of approximately 82 feet. Her house was built in the middle of the property so that when the time seemed appropriate she could sell or develop the property on side of her house by dividing the property. She, in fact, did separate the property to the south from her residence with a lot split many years ago, and a house was built on it. Eleven years ago she applied to the Planning Commission to divide that portion of her property to the north of her house. This split would complete the division of the property into 3 equal parcels of 11,455 square feet and 82 front feet. She needed the granting of a variance since the City of Saratoga had increased the width requirements to 85 feet. The Planning Commission approved her variance and granted her property division. The approved tentative map expired prior to recording the necessary parcel map as the conditions imposed by the Planning Commission were to heavy a financial burden on Norma Behel, who had been a widow for some time. In the granting of the property division the Planning Commission noted that this site is bracketed by non conforming sites of similar width created by subdivisions previous to City incorporation. It was, therefore, decided that she should have the same rights as her neighbors to divide her property as at the time of purchase the then existing laws would permit the division. No special restrictions were placed on the allowable square feet of structure to be built on the newly created lot. Norma Behel is now 91 -years old and the time has come to make this final division of her property as her needs for personal care are constantly increasing as are the costs of this care. She has part -time help now, but looming on the horizon are the prospects of either full -time care or a nursing home. ti Appeal Application Letter November 14, 1992 Page 2 The planning Commission in this most recent Application made the required findings necessary for the approval of the variance and therefore instructed the staff to prepare an approval resolution for. the property division. In taking this action, the Planners had concurred with the Commission of eleven years ago. The problem NOW is that the Planners also decided to spot zone the newly created lot by restricting the allowable square feetof a new structure to 2,400 square feet (including a 400 square foot garage), When the allowable square feet (according to current zoning) is 3,540 square feet. This means if one is to take advantage of the allowable 3,540 square feet, it has to be done in two stages. This decision would seem to be arbitrary and capricious, designed only to substantially increase construction costs. The Planning Commission's reasoning for the imposition of the square footage limitation is that it "would insure that the new structure on the newly created lot be compatible with the neighborhood This is a very worthwhile consideration. Unfortunately, This square foot limitation doesn't have much of anything to do with compatibility. In the first place, given the fact that the lot is 82 feet wide, a 2,400 square foot single story structure placed upon the lot would likely run the entire buildable width, and a larger structure (up to 3,5.4osquare feet) would also run the entire buildable width, with the extra size likely in the side or rear, visible only to the owner. Besides that, diversity of size adds to the interest of the neighborhood and the biggest element of compatibility is assured by the power of architectural and design review by governmental authorities. Add to this that those closest eight neighbors most affected by this project have signed a petition in support of the Applicant including their opinion that if size limitations are imposed on new construction that they be in reference to minimum square feet, not maximum square feet in order to protect property values in the neighborhood. Finally, let us not forget that a larger house means larger tax revenues with no increase in governmental services. It would therefore appear that Norma Behel has been singled out to be persecuted as the imposition of this square foot limitation neither benefits the City of Saratoga, the neighborhood or Norma Behel. Consequently, I, Norma Behel am appealing to you, the City Council, to modify the Planning Commission's Approval Resolution to Norma Behel's Application by eliminating that portion of condition #9, which initially limits future development of Parcel A to 2,400 square feet, allowing her the right to develop as determined by current zoning regulations (now 3,540 square feet). Sincerely, n Norma Behel TO: Members of the Saratoga Planning Commission I understand that Norma Behel's lot located at 20241 Herriman Ave., Saratoga, California may be split into two equal lots each having a frontage of approximately 82 feet. I would like to state that as a neighbor and property owner in the vicinity that I have no objection what so ever to the lot split as the new lots would be the same as others both to the North and South. If there are any size limitations placed on any newly constructed buildings they should be in reference to minimum square feet not maximum square feet in order to protect the property values in the neighborhood. NAME: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ADDRESS: /1 ma c, ti fr/1P. I n yarmi 0• Ng Ixt W U' 4 5 t R f 4 1 1 TA Sc� SF r....• p. 3P_I F. d.X as '3 QU rt. E r+A.E Lkr ParnokS ha t oust. 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The conditions of said approval are follows: 1. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each ne corner location, angle pint, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.030 of the Municipal code and shall be accompanied by the following items: File No. 8D- 92 -07; 20241 Harriman Avenue a. One copy of b. Preliminary ninety (90) Map. c. One copy of d. One copy of Map. map checking calculations. Title Report for the property dated within days of the date of submittal for the Final each map referenced on the Final Map. each document /deed referenced on the Final e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and /or rights of way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall file with the Santa Clara County Recorder the requisite statement indicating that there are no liens against the property or any part thereof for any unpaid taxes or special assessments. A copy of the statement(s) shall be provided to the City Engineer prior to Final Map approval. 7. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to Final Map approval. 8. Prior to approval of the Final Map, the owner (applicant) shall execute an agreement with the City waiving the rights of the owner or any successive owners of any of the lots created by the subdivision to protest the formation of an underground utility district for the purpose of undergrounding existing overhead utility lines in the vicinity of the property. The agreement shall be recorded concurrently with the Final Map File No. 8D- 92 -07; 20241 Harriman Avenue and reference to the agreement shall appear in the Owner's Certification on the Final Map. 9. Future development on parcel A shall require design review approval and shall be limited to a 2,400 sq. ft. single story structure, not to exceed 20 feet in height. This restriction shall expire at the time a Certificate of Final Occupancy is issued for the residence. Any future additions thereto would then be governed by current zoning regulations. 10. Design review approval shall be required for parcel A and shall only be granted upon finding that the proposed structure is compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. 11. Future development on parcel A shall comply with the approved site development plan, marked Exhibit "B 12. Prior to Final Map approval, the applicant and /or property owner shall file with the Planning Director, a written statement by an I.S.A. Certified Arborist, that all pruning, cabling and applicable fertilizing work has been performed pursuant to the City Arborist Report dated 8/31/92. 13. All other applicable requirements of the City Arborist shall be complied with at the time development is proposed for parcel A. 14. The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City and its officers, boards, commis- sions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul this approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Section 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney's fees and costs. 15. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.055 of the Municipal Code, prior to Final Map approval. Pile No. SD- 92 -07; 20241 Merriman Avenue 16. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble 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 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 10th day of November, 1992, by the following vote: AYES: ASFOUR, BOGOSIAN, CALDWELL, FAVERO, FORBES, MURAKAMI NOES: NONE ABSENT: MORAN The foregoing conditions are hereby accepted: Applicant ChaW nnC o g C mmissio ATTEST: Date RESOLUTION NO. V -92 -012 CITY OF SARATOGA PLANNING CONNISSION STATE OF CALIFORNIA Rebel; 20241 Harriman Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for the Variance approval to allow two parcels to be created with 82 ft. lot .widths in an R-1-10,000 zone district which prescribes a minimum width of 85 ft; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicant has met the burden of proof required to support his said application, and the Planning Commission makes the following findings: That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district, in that all of the immediately adjacent lots were created with 82 ft. widths. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district, in that all of the immediately adjacent lots were created with 82 ft. widths. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 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 Bohol for Variance approval be, and the same is hereby granted, subject to the following conditions: 1. All conditions of Resolution SD -92 -007 shall apply. Section 2. Applicant shall sign the agreement to these conditions within thirty (30) days of the passage of this resolution or said resolution shall be void. Section 3. Construction must be commenced within 24 months or approval will expire. File No. V -92 -012; 20241 Merriman Avenue Section 4. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 5. The applicant shall affix a copy of this resolution to each set of construction plans which will be submitted to the Building Division when applying for a building permit. Section 6. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 10th day November, 1992, by the following vote: AYES: ASFOUR, BOGOSIAN, CALDWELL, FAVERO, FORBES, MURAKAMI NOES: NONE ABSENT: MORAN ATTEST: wit", Gt_)a1 e,kn Se tary, Planni Commission The foregoing conditions are hereby accepted Signature of Applicant Date Chairper,. P arming Commission Planning Commission M tes Meeting of November 10, 1992 Page 2 FORBES /ASFOUR MOVED TO APPROVE THE MINUTES OF OCTOBER 28, 1992, AS AMENDED. PASSED 4 -0 (Bogosian and Favero abstained). ORAL COMMUNICATIONS Commissioner Favero noted the absence of legal counsel for the meeting. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 6, 1992. TECHNICAL CORRECTIONS TO PACKET Planner Walgren had the following inclusion to the agenda under Commissioner Items: 1. Review of modifications to design review application DR -92 -004 Svoboda, Mt. Eden Road (approved at the July 22, 1992 Planning Commission meeting). PUBLIC HEARINGS 1. SD -92 -007 Behel; 20241 Herriman Ave., request for V -92 -012 tentative map approval to subdivide a 22,910 sq. ft. parcel into two (2) single family residential building sites of 11,455 sq. ft. each. The variance request is to allow the parcels to be created with 82 ft. lot widths in an R- 1- 10,000 zone district which prescribes a minimum width of 85 feet. This public hearing item was continued from the 10/14/92 meeting to have staff prepare approval resolutions, development conditions and a tree preservation plan. Pursuant to the Permit Streamlining Act, the City must act on this application by 3/23/93. The Report dated November 10, 1992 was presented to the Planning Commission by Planner Walgren. He also answered questions from the Commission with regard to the application and the recommended conditions. Chairperson Caldwell opened the public hearing at 7:42 p.m. Iktra Cymbal, 14583 Big Basin Way, project engineer representing the applicant, spoke in favor of the application. John Behel, Uba City, Ca, representing the applicant, spoke in favor of the proposed variance and tentative map. He expressed opposition for additional Planning Commission M tes Meeting of November 10, 1992 Page 3 restrictions, other than the standard zoning and building regulations, being placed on future. development of the proposed lots. He also noted that a petition in favor of the proposed variance and subdivision signed by neighbors had been submitted. FAVERO /ASFOUR MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6 -0. Commissioner Favero stated he could support the applications as recommend in the staff report. He explained that the allowable lot coverage had been an issue to him, but that Condition No. 9 in Resolution No. SD -92 -007 had addressed this concern and with inclusion of this condition, he could support the application. Commissioner Bogosian explained that he had read the materials and visited the site and would be comfortable voting on the applications. He concurred with the comments made by Commissioner Favero. Chairperson Caldwell also concurred with her fellow Commissioners Favero and Bogosian. FAVERO /FORBES MOVED TO APPROVE V -92 -012 AS RECOMMENDED IN THE STAFF REPORT. PASSED 6 -0. FAVERO/FORBES MOVED TO APPROVE SD -92 -07 AS RECOMMENDED IN THE STAFF REPORT. PASSED 6 -0. 2. DR -92 -027 McGregor /Girand; Saratoga Hills Rd., request V -92 -011 for design review approval to construct a 5,756 sq. ft. two story residence on a currently vacant 2.5 acre parcel located within an R -1- 40,000 zone district. Pursuant to Chapter 15 of the City Code, variance approval is also necessary to allow the structure to be located on a slope in excess of 30 percent. Planner Walgren presented the Report dated November 10, 1992 to the Commission. He noted receipt of a letter from Bill Young expressing support for the application. Planner Walgren also answered questions with regard to the application and presented the material board to the Commission. Commissioner Favero expressed concern regarding the safety of developing the site because of its 42% slope at the proposed building footprint. He inquired as to how an approval of an application such as this would effect the enforcement of the City's ordinance which prohibits development on a site with a slope in excess of 30 Planner Walgren explained that the lot was recorded as a buildable lot prior to the enactment of the "Slope Ordinance He further explained that geotechnical studies had been conducted, and based on the findings of the study, staff had concluded that the proposed building site was safe and acceptable. Printed on recycled paper. Background: Development Criteria: M E M O R A N D U M 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Planning Commission FROM: James Walgren, Associate Planner DATE: November 10, 1992 SUBJECT: Tentative Map #92 -007 and Variance #92 -012 Behel; 20241 Herriman Avenue At the October 14th Planning Commission public hearing, the Commissioners heard a request to subdivide a 22,910 sq. ft. parcel into two single- family residential building sites. The proposed lot split required variance consideration to allow the two parcels to be created with 82 ft. lot widths in an R -1- 10,000 zone district which prescribes a minimum width of 85 feet. Following public testimony and Planning Commission deliberations on the request, the Commission directed staff to prepare approval resolutions, development conditions and a tree preservation plan for consideration this evening. In order to ensure compatibility of future development on parcel A with the existing neighborhood, the Commission requested that staff prepare an analysis of the size of existing homes within this area in order to arrive at a reasonable square footage limitation for the new lot. Staff's survey found that the immediately adjacent homes on similar substandard parcels ranged from 1,600 to 2,400 square feet. Based on this range, staff is recommending that future development on parcel A not exceed 2,400 sq. ft., including the required 400 sq. ft. two -car garage (the allowable square footage for these and adjacent lots, would otherwise be 3,200 sq. ft.). Staff has also included conditions requiring that initial construction be limited to single -story and not exceed 20 ft.. in height. These development restrictions have been incorporated into the tentative map approval resolution. Recommendation: Approve the request, with conditions, by adopting Resolutions SD- 92 -007 and V -92 -012. Attachments: 1. Resolutions SD -92 -007 and V -92 -012 2. Planning Commission minutes dated 10/14/92 3. Arborist Report dated 10/28/92 4. Area square footage map 5. Building Envelope Map, Exhibit "B" 6. Staff Report dated 10/14/92 7. Tentative Map, Exhibit "A" Planning Commission M. Les Meeting of October 14, 1992 Page 10 AT 10:57 P.M., FAVERO/MORAN MOVED TO RE -OPEN THE PUBLIC HEARING IN ORDER TO HEAR COMMENTS FROM THE NEIGHBORS WITH REGARD TO THE ABOVE MOTION AS AMENDED BY COMMISSIONER ASFOUR. PASSED 6-0. Kathy McGoldrick, 12860 Paseo Presada, spoke in favor of basing the approval of the application on a condition that the traffic problem be solved. She stated that without this condition, there is no encouragement to the property owner to address the existing problems. FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:58 P.M. PASSED 6-0. The amendment made by Commissioner Asfour to Commissioner Forbes. motion (above) was accepted by Commissioner Forbes and the motion was restated as follows: COMMISSIONER FORBES MOVED TO: 1) RECOMMEND TO THE CITY COUNCIL APPROVAL OF GPA 92-001 AND ZC- 92-004; AND 2) DIRECT THE PLANNING DIRECTOR TO GET TOGETHER WITH THE CONCERNED CITIZENS AND THE PROPERTY OWNERS TO WORK OUT A MUTUALLY ACCEPTABLE SOLUTION TO DEAL WITH THE TRAFFIC SITUATION. IF A RESOLUTION CANNOT BE WORKED OUT, THE PLANNING DIRECTOR SHALL MAKE A RECOMMENDATION OF A RESOLUTION. THE MOTION WAS SECONDED BY COMMISSIONER ASFOUR. THE MOTION PASSED 4-0 (FORBES AND MORAN OPPOSED. 3. SD -92-007 Behel; 20241 Herriman Ave., request for V-92-012 tentative map approval to subdivide a 22,910 sq. ft. parcel into two (2) single family residential building sites of 11,455 sq. ft. each. The variance request is to allow the parcels to be created with 82 ft. lot widths in an R- 1- 10,000 zone district which prescribes a minimum width of 85 feet. Planner Walgren presented the Report dated October 14, 1992. He also noted that Planning Commission meeting minutes from April, June and July of 1981 when the tentative map was earlier approved, a letter of support from Mr. McLean, and conditions of approval from Mr. McLean's similar, previously approved subdivision had been distributed for the Commissions review. At 11:05 p.m, Chairperson Caldwell opened the public hearing. Mr. Cymbal, Project Engineer, spoke in favor of the application. He stated that should the parcel be maintained as one parcel, it could potentially be developed with a large home which would be inconsistent with the surrounding homes. Planning Commission h rtes Meeting of October 14, 1992 Page 11 John Behel, representing Norma Behel, the property owner, spoke in favor of the application and explained that Mrs. Behel did not pursue the 1981 subdivision approval because of financial reasons, but would now like to pursue subdividing the parcel. He stated that a denial of the application would deny her the privilege enjoyed by other property owners in the vicinity who have previously subdivided their property. ASFOUR/MURAIJANII MOVED TO CLOSE THE PUBLIC HEARING AT 11:15 P.M. PASSED 6-0. ASFOUR MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION RECOMMENDING APPROVAL OF SD- 92-007 AND V-92-012. COMMISSIONER MORAN MOVED TO AMEND THE MOTION TO CONTINUE THE ITEM TO THE NEXT PLANNING COMMISSION MEETING IN ORDER TO ALLOW STAFF TIME TO PREPARE A TREE PRESERVATION PLAN AND DEVELOPMENT CONDITIONS OF APPROVAL. THE AMENDMENT OF THE MOTION WAS ACCEPTED BY COMMISSIONER ASFOUR. THE MOTION WAS SECONDED BY COMMISSIONER MURAKAMI. Commissioner Favero stated that he was in agreement with the conclusion reached by staff as represented in the staff report and therefore, could not support approval of the application. Commissioner Asfour stated that the application had been previously approved and that the property, as is, could be developed with a large house which he would find to be out of character with the surrounding homes. Commissioner Favero inquired as to what size house could be built on the existing lot versus the size of the homes that would be allowed on the two proposed parcels. He expressed concern regarding potential increase in density. Planner Walgren stated that an approximate 4,500 square foot home could be built on the existing parcel and an approximate 3,200 square house could be built on each of the proposed lots. There was discussion among the Commissioners regarding imposing a floor area, height and one -story limitation on future homes to be built on the parcels should the subdivision be approved. ALL PREVIOUS MOTION ON THIS ITEM WERE WITHDRAWN. MORAN /ASFOUR MOVED TO RE -OPEN THE PUBLIC HEARING AT 11:29 P.M. PASSED 6-0. Mr. Behel, representing the applicant, informed the Commission that the existing homes on the street averaged about 2,200 square feet and are situated on lots comparable in size to the proposed lots. Planning Commission M. i.es Meeting of October 14, 1992 Page 12 MORAN /ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 11:30 P.M. PASSED 6-0. FAVERO /CALDWELL MOVED TO APPROVE SD- 92-007 AND V -92 -012 WITH THE CONDITION THAT THE BUILDABLE AREA OF EACH LOT NOT EXCEED 2,200 SQUARE FEET OR BE REDUCED PROPORTIONATELY BY THE SQUARE FOOTAGE BY WHICH THE LOT LACKS FROM QUALIFYING AS A STANDARD LOT. City Attorney asked for clarification of whether the motion included a "sunset clause Commissioner Favero indicated that the condition with regard to the size limitation be a permanent condition. Commissioner Forbes and Asfour stated that they could not support a 2,200 square foot restriction. Commissioner Forbes supported a 3,200 square foot limitation. COMMISSIONER MORAN SUGGESTED THAT THE MOTION BE AMENDED TO RE- OPEN THE PUBLIC HEARING AND CONTINUE SD- 92-007 AND V-92-012 TO THE OCTOBER 28, 1992 PLANNING COMMISSION MEETING TO ALLOW STAFF TIME TO PREPARE A RESOLUTION FOR APPROVAL, A TREE PRESERVATION PLAN, DEVELOPMENT CONDfFIONS OF APPROVAL WHICH WOULD INCLUDE A SIZE ANALYSIS OF SIMILAR ONE -STORY HOUSES ON SIMILAR LOTS IN THE AREA AND MAICE A RECOMMENDATION ON A FAIR SIZE RESTRICTION TO IMPOSE ON FUTURE DEVELOPMENT ON THE PROPOSED PARCELS. THIS AMENDMENT WAS ACCEPTED BY BOTH THE MAKER AND THE SECONDER.. Commissioner Favero indicated that he would not be in support of the variance and subdivision application should the staff recommend a size (for future houses on the sites) which is equal in size to a home on a standard lot. THE MOTION PASSED 6 MORAN/FORBES MOVED TO CONTINUE THE REMAINING ITEMS ON THE PUBLIC HEARING PORTION OF THE AGENDA TO THE OCTOBER 28, 1992 PLANNING COMMISSION MEETING. PASSED 6-0. Commissioner Moran suggested, because of the wide community interest in Item #4 TUP -92 -003 Prince of Peace Evangelical Lutheran Church, that staff be directed to re- notice the item. A member from the audience informed the Commission that the Prince of Peace Evangelical Lutheran Church would be holding a neighborhood meeting to explain their application and answer any questions and offer to inform the persons attending the meeting that the item had been continued to the October 28, 1992 Planning Commission Meeting. I BARRIE D. CGSTE and ASSOCIATES R E Horticultural Consultants C E I V E D 408 353 -1052 2 3 992 23535 Summit Road.. Los Gatos, CA 95030 NOV 4 PLANNING DEPT, ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA Prepared at the Request of: James Walgren City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Site Visit by: Terence E. Welch October 28, 1992 Job #10 -92 -343 1 BARRIE D. C G, TE and ASSOCIATES Horticultural Consultants 408 -353 -1052 2 3535 Summit Road., Los Gatos, CA 95030 General Comments On October 28, 1992, our firm surveyed the Behel property at 20241 Herriman Avenue, Saratoga. A lot split is proposed for this approximately one -half acre lot. Each lot will be a rectangle 82 feet wide and 140 feet deep. The existing residence will remain entirely on the newly created eastern lot. As it exists now, the proposed western lot will have no structures. This report will discuss the trees which are of sufficient size to be covered by the City of Saratoga Heritage Tree Ordinance. There are 9 such trees on the eastern -most lot. The trees on the western lot will not be discussed since a residence already exists on this lot, and new construction is not proposed for that lot. Soil quality is excellent on this flat lot in a suburban residential neighborhood. General Comments ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA Trees #1 through 4, and trees #8 and 9 are outside of the building envelope. These trees should be relatively unaffected by new construction. A temporary construction period fence as described below will suffice to protect these trees during construction. Trees #5, 6 and 7 are located within the building envelope. Trees #6 and 7 have been cut down at some point in the past and have regrown with a thicket of sprouts. These two Coast Live Oaks, Quercus agrifolia, have inferior structures and could be removed. Tree #5, however, is a fine Coast Live Oak. Either the house will need to be designed in such a way that it is possible to preserve 70% of the root zone inside the dripline of this tree, or this tree should be removed, and an equivalent dollar value in trees should be planted. Both possibilities have been considered in this report. Because of the small size of this lot, all of the trees have been included in the bonding calculations. Machinery will be operating in close proximity to the trees. irrigation Before and After Root Destruction Any tree which has had excavation occur within its driptine, or portions of its rootzone covered, should be assumed to be stressed. This stress can be reduced by providing supplemental irrigation to the rootzone which is still intact. Irrigation is best provided using "ooze" -type soaker hoses. They are easily available at hardware suppliers such as Orchard Supply Hardware, and Home Depot. These hoses dribble water into the ground, providing deep watering wherever they are laid down. Where the rootzone is intact, the soaker hose should be placed at the dripline. Where root destruction has occurred, it should be placed over the cut ends of the roots. If left on over night, enough water should easily be provided to penetrate 24 inches deep. Depth of penetration should be checked with a soil probe or shovel. Starting four weeks before any grading will occur near the tree, it should be irrigated weekly to a depth of 24 inches, using soaker hoses as described above. Monthly irrigations during the dry season should occur until one year after construction is completed. Fencing Rootzones During Construction ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA A temporary construction period fence should be erected around each tree which is to be retained in the final landscape. This fence should be erected at the dripline of each tree. If groves of trees are to be protected, one common fence can be erected around the entire grove. Where construction intrudes into rootzones, this fence should be erected 24 inches from the limits of that construction. It should consist of portable cyclone fencing, or wire mesh securely attached to metal posts driven into the ground. It should not be easy for construction workers to move, or take down. This fencing should be erected before any construction machinery enters the site, and should not be removed until final landscape grading is completed. It cannot be emphasized enough how important these fences are. From our experience, soil compaction and trenching through rootzones are the number one causes of tree stress in the post construction period. It should be explained clearly to all contractors and workers on site that -2- Pruning, Cabling and Other Work ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA these fences are sacred. If for any reason it becomes necessary for any machinery to enter the fenced -in rootzone of a tree, an International Society of Arboriculture Certified Arborist should be consulted first. Trenching of any sort must be planned to avoid traveling beneath tree canopies. This should include planning for P.G. &E., sewer lines, electrical power, cable T.V., and irrigation. Plans should show specific locations of trenches, if possible. No chemicals, solvents, paints, etc. should be dumped on site. No concrete residue should be washed into the soil within 20 feet of a rootzone. All trash and debris should be removed from the site, rather than dumped or buried where it might affect roots. Pruning, cabling, and any other specific treatments recommended in our reports, should be completed before construction is finished. All pruning should be performed by an I.S.A. Certified Arborist, according to Western Chapter I.S.A. Pruning Standards (see copy enclosed). No pruning should be performed by carpenters or grading personnel, before, during or after construction. The Certified Arborist or Certified Tree Worker should prune the trees in cooperation with the architect to provide clearances where needed before grading equipment is allowed on site. Fertilization Where sub surface fertilization has been recommended, it should occur between May and September, 1993, unless otherwise stated. A solution of 4 Ibs of Romeo Fertilizer's Greenbelt 22 -14 -14 per 100 gallons of water should be injected at the rate of 10 gallons per inch of diameter at breast height (DBH). This fertilizer provides slow release nitrogen fertilization, as well as trace elements such as iron, zinc, etc. There are several seedlings on this lot of Coast Live Oaks and other trees which are smaller than that which require protection under City of Saratoga Ordinance. These trees have not been mentioned in the report and it Is assumed that they will be removed. -3- Care needed: Dead wood removal Removal of Ivy growing up the trunk The equivalent dollar value in trees to replace tree #5 would be $4,902.00. Specific Trees ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA Tree #1, Coast Live Oak, Ouercus agrifolia Present condition: This is a young tree with a good structure and in good health. Apparently it is located immediately on the westem side of the property line with the adjacent property, although it is presently growing on the eastern side of the wooden fence between the two properties. Construction impact and mitigation: The proposed driveway is designed to be constructed approximately 7 to 8 feet from the trunk of this tree. A construction period fence should be erected at the location shown on the enclosed map. Supplemental irrigation as described under General Comments should be applied. An 8 inch diameter limb at 3 feet above grade will need to be removed to provide the necessary clearance for vehicles on this driveway. Although this will reduce the canopy of this tree, there would still be an aesthetically satisfactory portion of it remaining. This pruning cut should be performed by a Certified Arborist. Tree #2, Coast Live Oak Present condition: This tree has been affected by Branch Blight, Diplodia quercina, which has killed several of the lower limbs. This tree has only a fair structure and is only in fair health. It should be possible, however, to help it recover. Care needed: Prune out infected limbs. Remove all Ivy from the area within the dripline. Supplemental irrigation -4- r ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA Construction impact and mitigation: Provide with supplemental irrigation as described under "General Comments Erect construction period fence at location shown on enclosed map. Fertilize as shown under "General Comments Trees #3 and 4, Coast Live Oak Present condition: These trees have grown up close together and have formed a single canopy. Tree #4 has a poorer structure than tree #3. However, neither of these trees is in poor condition structurally. Both of these trees are in good health. Care needed: End weight removal and minor thinning should be performed on tree #3. Dead wood removal on tree #3 and tree #4 Construction impact and mitigation: A construction period fence should be erected at the location shown on the enclosed map. Otherwise, construction impact will be minor. Tree #5, Coast Live Oak Present condition: This is a young, maturing Coast Live Oak, in its' "teen -age" years. It has a good structure and is in good health. Care needed: Dead wood removal. Construction impact and mitigation: This tree is located within the building envelope, and therefore could be retained, or removed. On the enclosed chart you will find its dollar value for the purposes of replacing it within the equivalent amount of dollar value trees. If a decision is to made to require the retention of this tree several measures should be performed. The root zone should be left open (bare soil) for 6 feet on the west side of this tree, 10 feet on the south side of the tree, and 10 feet on the north side of the tree. The house will need to be -5- ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA designed in such a way that the only major limb (larger than 6 inches in diameter) which will require removal will be a 10 inch limb at 13 feet above grade which points toward the west. This will likely require that the structure be one -story within 10 feet of the tree in the westerly direction. All minor cuts which are necessary beyond the removal of that limb, of branches Tess than 6 inches in diameter will be permissible, as long as they are performed by a Certified Arborist. In addition, the house will need to be constructed utilizing a pier and grade beam foundation. Pier and Grade Beam Foundation Special foundation construction may be required when too much of a rootzone will be disrupted, or if large diameter roots will be cut, threatening the ability of a tree to hold itself erect. The construction of pier and grade beam foundation adjacent to these trees will drastically reduce major root destruction. Such a foundation rests on deeply set drilled piers, rather than a perimeter footing. No drilling for piers should be allowed within 3 feet of the trunks of trees. When drilling for piers within 10 feet of a trunk, a pilot hole should be dug by hand, 24 inches deep, and the width necessary for the pier, to ascertain if any major roots over 3 inches in diameter are present. If major roots are encountered, the location of the pier should be adjusted to avoid them. The grade beams should be laid as close to existing grade as possible. If they must be laid sub- surface, a trench no deeper than 6 inches deep should be excavated with hand tools. If roots over 3 inches in diameter are encountered, they should not be severed without first consulting an I.S.A. Certified Arborist. Trees #6 and 7, Coast Live Oak Present Condition: These trees were cut down at some point in the past and have resprouted with many trunks. They have an inherently weak structure. They have been recommended for removal. Tree #8, Coast Live Oak This is a fine Oak of approximately the same age as tree #5. It is in good health and has a fair structure. -6- ANALYSIS OF THE TREES AT 20241 HERRIMAN AVENUE SARATOGA Care needed: Some structural pruning to train a dominant central leader. Minor dead wood removal. Construction impact and mitigation: Install a temporary construction period fence at the location shown on the enclosed map. Tree #9, Coast Redwood, Sequoia sempervirens Present condition: This is a large, mature tree growing in the north easterly corner of the property. A co- dominant emerges at 4 feet above grade. This is an inherently weak structure which has the potential to split apart at some time in the future. This tree has suffered from drought stress, and the canopy became very thin in the past. However, it has recovered and will very likely fill in and become a fine tree once more. Care needed: Supplemental irrigation during construction as described under "General Comments Sub surface fertilization. Construction period fence at the location shown on the enclosed map. If you have any questions please call our office. TE W:la Enclosures: Charts Map Bond sheet Evaluation chart -7- Respectfully submitted, Terence E. Welch, Associate Barrie D. Coate and Associates Key 2 3 4 BARRIE D. COATE ASSOCIATES Horticultural Consultants (408) 353-1052 Plant Name (`.nact 1 ivn Oak (]uarruc agrifnlia X $27 sq/in x sp. class x cond xloc( Final Value enact 1 ive Oak Cnact l ivP Oak Cnact 1 ivP Oak sq.in X $27 sq /in d L U C 2 CO p 16 16 13 17 x X 8 12 U m p 7 H C7 w 25 30 30 25 35 35 30 1 3 1 1 2 31 3 2 x sp. class 3 1 i x cond 2 /a) 1 1 sq.in X $27 sq/iin x sp. class x cond x loc Final Value xloc( PAGE 1 OF 2 DIAMETER 2' ABOVE ORD. and COMMENTS 17" Remove Ivy 15/11" Dipiodia? 18" One -sided canopy sq.in X $27 sq /in x sp. class x cond xloc( Final Value 18" JOB T TLE: Behel Property/20241 Herriman Avenue JOB 10 -92 -343 DATE:10 -14 -92 1=best 5 =worst Sq. p q. in. its determined with the formula: Final Value Total Value This Sheet $4,902.00 Cnact I ivP Oak 17 35 40 1 2 18 227 sq.in X $27 sq/in $6,128 x sp. class 100%) $6,128 x cond (80%) $4,902 x loc 100% 4,902 Final Value 6 Cnact t iVA Oak 5 X 5 5 25 25 1 4 X 7/6/6" X $27 /in sp. 0 loc sq.in sq x class x cond x Final Value Key 2 3 4 BARRIE D. COATE ASSOCIATES Horticultural Consultants (408) 353-1052 Plant Name (`.nact 1 ivn Oak (]uarruc agrifnlia X $27 sq/in x sp. class x cond xloc( Final Value enact 1 ive Oak Cnact l ivP Oak Cnact 1 ivP Oak sq.in X $27 sq /in d L U C 2 CO p 16 16 13 17 x X 8 12 U m p 7 H C7 w 25 30 30 25 35 35 30 1 3 1 1 2 31 3 2 x sp. class 3 1 i x cond 2 /a) 1 1 sq.in X $27 sq/iin x sp. class x cond x loc Final Value xloc( PAGE 1 OF 2 DIAMETER 2' ABOVE ORD. and COMMENTS 17" Remove Ivy 15/11" Dipiodia? 18" One -sided canopy sq.in X $27 sq /in x sp. class x cond xloc( Final Value 18" JOB T TLE: Behel Property/20241 Herriman Avenue JOB 10 -92 -343 DATE:10 -14 -92 1=best 5 =worst Sq. p q. in. its determined with the formula: Final Value Total Value This Sheet $4,902.00 BARRIE D. COATE ASSOCIATES Horticultural Con (408) 35; DBH (inches) 1 MULTI -STEM 1 DBH (inches) I DBH (inches) I HEIGHT 1 OV ddS HEALTH (1 -5) 1 I STRUCTURE (1 -5) 1 NEEDS THINNING 1 (REMOVE ENDWEIGHI ROOT COLLAR I COVERED (1 -5) r a I TRUNK DECAY 1 1 INSECTS (1 -5) 1 TREE CROWN DISEASES(1 -5) I DEADWOOD (1 -5) a o_ 1 CABLES NEEDED 4 1 NEEDS FERTILIZER 1 NEEDS WATER 1 RECOMMEND REMOVAL I REMOVAL PRIORITY 1 I PRUNING PRIORITY, PAGE 2 OF 2 COMMENTS Key Plant Name 7 (;nast 1 iva Oak 7 6 5 25 25 1 4 X 6 ,7,7" sq in X $27 sq/in x sp. class x cond (0) x loc Final Value 8 Cnast 1 ive Oak 16 X 12 j 3545 1 3 1 122" sq.in X $27 sq /in x sp. class x cond x loc Final Value g Coast Rariwnnri 42 70 35 2 3 I 1 2 17" Recovering from drought stress Slag! min Sampprviranc sq.in X $27 sq/in x sp. class xcondO xloc()= Final Value X $27 x sp. class x cond x loc Final Value sq.in sq/in X $27 x sp. class x cond x loc Final Value sq.in sq/in X x sp. class x cond x loc Final Value sq.in $27 sq/in JOB TITLE: Behel Property/20241 Herriman Avenue JOB 10 -92 -343 DATE:10 -14 -92 1 =best 5 =worst Sq. in 954 q. in. is determined with the formula: Total Value Two Sheets= $4,902.00 BARRIE D. COATE ASSOCIATES Horticultural Consultants ISA EVALUATION CITY OF SARATOGA VALUE OF TREES WHICH WILL BE AFFECTED BY CONSTRUCTION .1 (408) 353 -1052 DB H sq/ (a. r2) Value per sq. inch Basic Adjustments Total Value Species Condition Location Key Genus/species/class $27.00 1 Coast Live Oak 16 201 $27.00 $5428 100% 80% 100% $4,300 Quercus agrifolia 2 C:nact I hip flak 16,8,7 245 $27.00 $6625 100% 40% 100% $2,600 3 Coast/ ive Oak 13/12 161 $27.00 $4347 100% 60% 100% $2,600 4 C:nact I ivn flak 17 227 $27.00 $6128 100% 80% 100% $4,900 5 RPp rPpnrt 6 (nast 1 ivp flak 5,5,5, 39 $27.00 $1058 100% 0 100% 0 7 Coats Live Oak 7/6 52 $27.00 $1417 100% 0 100% 0 8 C:nact 1 ivp flak 16/12 257 $27.00 $6,952 100% 60% 100% $4,100 9 Coast Redwood 42 1385 $27.00 $37,407 100% 50% 100% $18,700 Sit inia campPrvirpnc JOB TITLE: Behel Property/20241 Herriman Avenue TOTAL VALUE THIS PAGE $37,200 JOB 10-92 -343 SUGGESTED BOND 7,440 DATE: 10 -14 -92 Pg_1 of 1 Ale BARRIE I. 2OATE AND ASSOCIATES 1 23535 Summit Rd Los Gatos, Ca 95030 (408)353 -1052 Horticultural Consultants Consulting Arborists An Analysis of Trees At The Behel perty Herriman Avenue DATE: 10 92 SCALE: NONE Prepared for The City of Saratoga Job: #10 -92 -343 sjoc /C,L/ LAWN eF •N Prcel Z f acres :.�Aorbeeue Pi. wood fence (07 t 5 100 3 j1 to L3 RICO 9045 79,59 1 !c+l 1 131 2 6 so ISn m U 1- 23oI ea. 4 t 46 6 1 1441 s P /2 8 1 5 9 moo 4 t oo 0.1 2 c p e, 7 It 6 LQ 1/ r 11.5 37 rrs 61.22 s 40 2 88 6 1 w+i 1 19 r_I 59 1 i 1 1 3 1222 S•c• I 2l S•. 4 42 :I to 48 '4 6. 4r 9 ,,I •2230 227 s 5.4. r 12 10 2.30 rjt -89 031 -031.1 -J M Ce CC 2CO `a. w 44 6 45 7 J 102 .30 -J Q ti U 218sS. 131 �1� 242.35 26' J jgP C L. 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City Council Planning Commission December 16, 1992 M E M O R A N D U M Appeal of a Decision by the Planning Commission Regarding an Appeal of an Administrative Decision of the Heritage Preservation Commission Concerning the Relocation of the Historic Adobe Wall Located at 15229 Quito Road At the November 24, 1992 regular Planning Commission meeting, a decision of the Heritage Preservation Commission was upheld on appeal by Mr.Sinsley of 15229 Quito Road. The consideration of this appeal was culmination of a series of events dating back to the April 22, 1992 regular Planning Commission hearing. At that time the Commission received a verbal communication from Mr. Ray Sinsley regarding the existing historic adobe wall located on the subject property (Planning Commission minutes dated 4/22/92 are attached). Mr. Sinsley requested assistance from the Planning Commission in determining the final placement for the relocation of the wall into the open space easement as required by subdivision condition (Resolution SD -87 -020). The Commission directed staff to work with Mr. Sinsley and report back as to the status of the wall. A detailed Staff Report concerning the history and circumstances surrounding the wall issue was reviewed by the Commission at the May 13 meeting. The report indicated that the Heritage Preservation Commission had deliberated on the matter at length and, in October of 1991, established final placement for the relocated portions of the wall that was acceptable to Mr. Sinsley and to Mr. Boyle, the owner of Casa Tierra (Staff Memo and Planning Commission minutes dated 5/13/92 are attached for reference). Mr. Sinsley was advised by the Planning Commission that, unless he made an application to the Planning Commission to amend the subdivision condition concerning the wall, the relocation plan approved by the Heritage Preservation Commission would remain in effect. 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Ann Marie Burger Willem Kohler Victor Monia Karen Tucker In September of this year, Mr. Sinsley submitted a proposed revision to the previously approved wall relocation plan to the Heritage Preservation Commission. The Commission urged the two interested parties, Mr. Boyle and Mr. Sinsley, to make one final attempt to come to some resolution on the matter. It was also stipulated that, if no agreement was reached, the Heritage Preservation Commission would decide, once again, upon the appropriate final wall placement. No accord was reached and, on October 14, the Heritage Preservation Commission established a line on a site plan of the subject property that represented the final approved placement of the historic wall (Exhibit "A" attached). The HPC believed that the approved relocation plan fulfilled both the letter and intent of the original subdivision condition. The Heritage Commission felt that the plan succeeded in placing the wall completely within the open space easement while, at the same time, maintained an appropriate and reasonable separation from the adjacent Casa Tierra property which assisted in preserving the character and context of this City designated historical site. Mr. Sinsley disagreed with this determination and appealed to the Planning Commission. After reviewing the pertinent facts relating to the placement of the wall, the Planning Commission concurred with the results of the Heritage Preservation Commission's deliberations and moved to uphold their decision and deny the appeal of Mr. Sinsley. Resolution HPC -92 -1 and the minutes from the November 11 Planning Commission meeting are attached for reference. Recommendation: Deny the appeal and affirm the decision of the Planning Commission regarding the final relocation of the adobe wall as determined by the Heritage Preservation Commission. Ressestfully submitted, George White Associate Planner Attachments: 1. Resolution HPC -92 -1 2. Planning Commission Minutes dated 4/22/92, 5/13/92 and 11/24/92 3. Staff Memo dated 5/13/92 4. Heritage Preservation Commission Minutes dated 10/14/92 5. Correspondence 6. Exhibit "A" Wall Relocation Plan Approved by HPC 10/14/92 adobe2 RESOLUTION NO. HPC -92 -1 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA UPHOLDING AN ADMINISTRATIVE DECISION OF THE HERITAGE PRESERVATION COMMISSION WHEREAS, on October 14, 1992, the Heritage Preservation Commission conducted a hearing at which they determined final placement for the relocation of the historic adobe wall, as required by condition of SD -87 -020 located at 15229 Quito Road, and WHEREAS, Ray Sinsley has appealed the decision of the Heritage Preservation Commission to the Planning Commission, and WHEREAS, on November 24, 1992, the Planning Commission conducted a public hearing on said appeal, at which time any person interested in the matter was given an opportunity to be heard, and WHEREAS, the Planning Commission reviewed and considered the staff report, minutes of previous hearings relating to said appeal, and the written and oral evidence presented to the Planning Commission in support of and in opposition to the appeal. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Saratoga as follows: The appeal of the decision of the Heritage Preservation Commission is hereby denied and the decision of the Heritage Preservation Commission is affirmed. The above and foregoing resolution was passed and adopted by the City of Saratoga Planning Commission at a meeting held on the 24th day of November, 1992, by the following vote: AYES: CALDWELL, ASFOUR, FORBES, MORAN NOES: BOGOSIAN, MURAKAMI ABSENT: FAVERO 1 CHAIR, P, ANNING COMMIS ION ATTEST: SECRETARY, PLANN NG COMMISSION Planning Commission Mires Meeting of April 22, 1992 Page Two Page 7, second paragraph down from Item 6, the paragraph should read: "In response to Commissioner Bogosian's question about winter aradinq provisions, Ms. Adar stated..." BOGOSIAN /FAVERO MOVED TO APPROVE THE MINUTES OF APRIL 7, 1992, AS AMENDED ABOVE. Passed 4-0-3 (Comm. Durket, Forbes and Tucker abstained.) ORAL COMMUNICATIONS Ray Sinsley, 12280 Farr Ranch Road, spoke in regard to the house at 15229 Keydora which he is presently constructing. He stated that the parcel was a result of a 3 -lot split and after the approval was granted, the Planning Commission in reviewing the landscaping plans granted the developer at the time, Peter Olsen, permission to save the old Adobe wall and move it into the easement. When Mr. Sinsley began budding the house he discovered that the wall was not accurately identified on the map. He received a red tag to halt construction and was advised by staff that the wall had to be moved to the easement before he could continue construction. He had met several times with staff and the Acting Planning Director, Eisner, and had not received adequate direction /assistance with working out the problem with the wall and its placement. Mr. Sinsley stated that he did not think it fair for him to pay a fee in order to put the issue on the Planning Commission agenda since he did not create the original problem. Chr. Caldwell expressed understanding for his problem and stated that the City now has a new Planning Director and that the matter should be taken up with the Director. Mr. Sinsley agreed to do so. Comm. Bogosian directed staff to write a memo for next Planning Commission packet informing the Commission of the status of this issue. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 7, 1992. Technical Corrections to Packet There were no technical corrections to the packet. PUBLIC HEARING CONSENT CALENDAR 1. DR_92 -006 Black, 18532 Paseo Pueblo, request to construct a 796 sq. ft. second -story addition and 175 sq. ft. of first floor area to an existing 2,284 sq. ft. one -story residence, per Chapter 15 of the City Code. The parcel is approximately 11,543 sq. ft. and is Planning Commission M..yeb Meeting of May 13, 1992 Page Eight Commissioner Moran stated that she did not feel that the application was consistent with the settlement agreement. She also stated that because of the size of the proposed structure in comparison to the main structure and its independent accessibility she did not feel the proposed structure could be defined as a guest house. She expressed support for directing staff to draft a resolution for denial of the application. Chairperson Caldwell stated that she did not find the proposed structure to be a subordinate use, but a dominant use. She also stated that the structure would be inconsistent with the settlement agreement and could not support an approval of the application. Commissioner Bogosian suggested that the applicant look to some type of underground parking in order to re- locate the proposed structure to the area which is currenity use for the driveway. He also stated that he did not feel the proposed structure complied with the spirit of the code in regard to a guest cottage and could not support approval of the application. Commissioner Tucker stated that she concurred with her fellow Commissioners' comments and could not support an approval of the application. Commissioner Durket expressed support for denial of the application based on the reasons stated by the previous Commissioners. MORAN/TUCKER MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION FOR DENIAL, WITHOUT PREJUDICE, OF DR -91 -057 FOR ON THE REASONS MENTIONED (ABOVE) BY THE COMMISSIONERS. PASSED 5-0. DIRECTOR'S ITEMS 1. DR -91 -070; Neuhaus, 12246 Woodside Dr; Review of Final Landscape Plan. Planner Walgren gave a brief report on the proposed landscape plan and answered questions from the Commissioners in regard to the plan. Commissioner Moran stated she was in favor of the staff asking the applicant to provide more landscaping in the front yard. Planner Walgren stated that two more large trees could be required. This was acceptable to Commissioner Moran and the rest of the Planning Commissioners. 2. Informational report related to historic adobe wall at 15321 Quito Road Planner Adar gave an informational report on the background of the adobe wall issue and answered questions from the Commission. Planning Commission M> ds Meeting of May 13, 1992 Page Nine Mr. Sinsley, 12280 Far Ranch Road, stated that the issue of the wall did not come up at the meeting of March 3, 1988, as indicated in the May 13, 1992, staff report. He explained, as he recalled, the events surrounding the issue of the adobe wall. He stated that the Planning Commission did not consider the preservation of the wall in any of public hearings that took place on the subdivision. Mr. Sinsley asked that he be presented with a document that shows were the wall must be placed. Planner Adar explained that the landscape map was reviewed by the Planning Commission at a time after the approval of the subdivision map and it was during the review of the landscape plan that the issue of preserving the wall arose. The Planning Commission referred the wall issue to the Heritage Commission for review. The Heritage Commission recommended preservation of the wall and sent the issue back to the Planning Commission. The Planning Commission then added a condition #42) specifying preservation and location of the wall. Commissioner Tucker stated that she was on the Planning Commission during the course of events surrounding the -wall. She stated that the issue of the wall came up at the March 3, 1988 Planning Commission meeting and the Commission did not have strong feelings one way or the other about preserving the wall so the issue was referred to the Heritage Commission. Mr. Boyl, 15231 Quito Road, presented a handout to the Commission. He also recalled the past events regarding the wall and explained that the wall is a historical land mark to the home and the property. He spoke in favor of preserving the wall and stated that he thought an agreement had been made as to where the wall was to be located. He stated he was willing to move the wall to the agreed upon location. Following discussion among the Commissioners and the staff, Chairperson Caldwell stated that the placement of the wall had been determined at the October 23, 1991, meeting of the Historical Preservation Committee, a map showing this location had been prepared, and a condition #42) regarding the location of the wall had been imposed on the subdivision by the Planning Commission. Chairperson Caldwell explained that Mr. Sinsley may file an application requesting the Planning Commission to modify the subdivision condition with regard to the wall location if he so desired. She concluded that unless Mr. Sinsley filed an application for modification of the subject condition, the condition (regarding the wall location) as it is written in Resolution in SD -87 -020, shall be met. COMMISSION ITEMS Commissioner Moran stated that she was in favor bringing the fire safety issues into a more visible place within upcoming revisions of the tree ordinance with regard to tree removal permits. Planning Commission Minutes Meeting of ((c24 (q a_ Page 9 FORBES/MORAN MOVED TO CONTINUE 92 -033 IN ORDER TO ALLOW TIME FOR THE APPLICANT TO REDESIGN THE STRUCTURE SPECIFICALLY TO REDUCE IT TO A MAXIMUM OF 1,400 SQUARE FEET AND RELOCATE IT AS CLOSE AS POSSIBLE TO THE MAIN STRUCTURE. PASSED 6 -0. 4. DR-92-035 Marshall; 20100 Hill Ave., request for design V -92 -014 review approval to construct a 14 ft. tall detached studio, which exceeds the 12 ft. height limit established in the zoning ordinance. Pursuant to Chapter 15 of the City Code, variance approval is also requested to allow the detached studio, and a minor addition to the main residence, to encroach into a required exterior side yard setback. The subject property is approximately 32,653 sq. ft. in area and is located within an R -1- 20,000 zone district. Planner Walgren presented the report dated November 24, 1992 and answered questions with regard to the application. The public hearing was opened at 9:55 p.m. Bob Rockwood, 14573 Big Basin Way, project designer, spoke in favor of the application. He explained the proposed location of the structure is the least impactful location and the proposed 14 -foot height is necessary to accommodate a window needed for light. He stated that the property owner is an artist and abundant light is essential to his work. Mr. Rockwood also stated that the proposed location was chosen in order to preserve an existing fig tree. MORAN /ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 9:58 P.M. PASSED 6- 0. MORAN/MURAKAMI MOVED TO APPROVE V-92-014. PASSED 6-0. MORAN/FORBES MOVED TO APPROVE DR-92-035. PASSED 6 -0. 5. Appeal of Sinsley; 15229 Quito Rd., applicant is appeal Administrative ling a decision of the Heritage Preservation Decision Commission regarding final placement of a historic adobe wall within an open space easement as required by subdivision condition per Chapter 14 of the City Code. Planning Director Curtis presented the Report dated November 24, 1992 and answered questions with regard to the appeal. In response to Commissioner Bogosian's question regarding the use and limitations of an easement, the City Attorney explained that uses and limitations depend on the type of easement that exists. He stated there are many different types of Planning Commission Minutes Meeting of November 24, 1992 Page 10 easements such as access easements which grant certain parties access, or utility easements which grant use of the land for utility wires /cables and etc. He stated that generally an easement prohibits the property owner to do any thing or construct anything that would result in obstruction of the use of the easement by the owner of the easement right. Planning Director Curtis further explained that the subject easement specifies Mr. Sinsley's right to plant and maintain landscaping in the easement and that the owner of Parcel A has the responsibility to maintain the wall. At 10:05 p.m., Chairperson Caldwell opened the public hearing. Mrs. Sinsley, 12280 Farr Ranch Road, appellant, presented a written statement and a diagram (of a new wall location proposal which had been presented to the Heritage Preservation Commission) to the Planning Commission. She gave a brief history of the adobe wall, discussed the requirement to relocate the wall, and the disagreement over the proposed new location of the wall. She stated that the decision reached by the Heritage Preservation Commission regarding the location of the wall would result in a portion of her land being on the Boyles' side of the wall thus denying the Sinsley's the right to use and enjoy that portion of their land. She noted 33% of her (Sinsley) land currently exists on the opposite side of the wall. She stated that Mr. Boyle was in favor of the Heritage Preservation Committee's decision because it would create the illusion that Mr. Boyles' property is larger than it actually is. She responded to the letters included in the packet by stating that she and Mr. Sinsley had fulfilled the landscape requirements specified in the conditions of the subdivision. Commissioner Asfour asked Mrs. Sinsley if they had changed their mind regarding the agreed upon location of the wall after signing the agreement. Mrs. Sinsley explained that at the time they felt they had no other option and were unaware of the process to present the issue to other commissions for a more amiable solution. She expressed her concern that the Boyles would utilize, landscape and want access to the Sinsley's strip of land on the Boyles' side. In response to the Commission's inquiry regarding the diagram Mrs. Sinsley distributed, Mrs. Sinsley stated that the diagram presents a solution agreeable to the Sinsley's, but that Mr. Boyle would only agree to the proposed diagram if the Sinsley's would grant the Boyles' certain access and landscaping rights to the strip of land on the Boyle side of the wall. She indicated an unwillingness to grant these rights to Mr. Boyle. Mr. Sinsley, 12280 Farr Ranch Road, appellant, concurred with the statement made by Mrs. Sinsley and answered questions from the Commission. He also noted that should the decision of the Heritage Preservation Committee be upheld, 21% of his property would be on the other side of the wall. Planning Commission Minutes Meeting of November 24, 1992 Page 11 Larry Fine, Saratoga Heritage Preservation Commissioner, reported on the Heritage Preservation Committee's deliberation on the issue. He stated that the object of the Heritage Preservation Committee was to preserve the open space easement, protect the historic wall, protect existing trees, maintain the existing ambiance of the property and consider the aesthetics of the historic wall, but not to involve themselves in the legalities of property rights. He further explained that at the last meeting the two parties had an approximate agreement, but did not want to record the agreement. Mr. Fine also answered questions from the Planning Commission with regard to the Heritage Preservation Commission;s consideration of the item.. Planning Director Curtis noted 19% of the Sinsley's lot fell within the easement. Daryl Boyle, 15231 Quito Road, urged the Planning Commission to uphold the decision of the Heritage Preservation Commission with regard to the location of the adobe wall. He stated the easement was specified in the subdivision conditions for the purpose of providing addition space on one side and in which to place the adobe wall in order to preserve the original integrity of Casa Tierra. Mr. Sinsley stated that creation of the easement was not for the purpose of re- location of the adobe wall. He requested either the City Attorney or staff to verify his comment. AT 9:43 P.M., MORAN /ASFOUR MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6 -0. City Attorney noted that the first easement was created to provide an open space buffer for Parcel A and the second easement was intended to allow the owners of Parcel A access for maintenance of the wall. He also noted, in response to Commissioner Bogosian's question, that no designation for the location of the wall was specified. Commissioner Moran expressed support for the decision made by the Heritage Preservation Committee. Chairperson Caldwell noted the Planning Commission had delegated the decision to the Heritage Preservation Committee and that a decision had been reached. Commissioner Bogosian stated he felt the wall had been placed in the easement because of a default situation. The decision of the wall's location was then passed on by the Planning Commission to the Heritage Preservation Commission which came to a decision which is unsatisfactory to the Sinsleys and does not deal with the issues of both parties. He stated he felt that the Planning Commission had a responsibility to consider other alternatives and come to a decision. Commissioner Forbes noted that the Planning Commission's responsibility is to either approve of deny the decision of the Heritage Preservation Commission, not come up with other options for placement of the wall. Planning Commission Minutes Meeting of November 24, 1992 Page 12 Commissioner Moran stated she is confident the Heritage Preservation Commission's decision deals with the issues of both parties. Planning Director Curtis noted the decision made by the Heritage preservation Committee had to be based on certain criteria. FORBES/MORAN MOVED TO RE -OPEN THE PUBLIC HEARING AT 10:55 P.M. Chairperson Caldwell stated that she disagreed with the comment made by Commissioner Bogosian. She stated it was her opinion that the Heritage Preservation Commission did take into consideration both parties and thus came to their decision. She expressed support for upholding the Heritage Preservation Commission's decision. Commissioner Murakami stated that he appreciated the work done by the Heritage Commission, but that he notices that a large proportion of the wall is being torn down and moved and would deprive the Sinsleys of a good portion of their land. He stated that he could support moving the wall in order to give the Sinsleys more use of their property. THE MOTION PASSED 6-0. Mr. Boyle stated that the proposal, as depicted on the diagram submitted by the Sinsleys, was presented and reviewed by the Heritage Preservation Commission. He stated that he felt the Heritage Preservation Commission carefully considered the contours of the land, visited the site, worked to preserve the original character of the site, contacted the original designer of the wall and then came to the current decision. Mr. Boyle stated he was not interested in utilizing the easement, but only interested in being able to walk around his house without being accused of trespassing. He noted that the cost of relocating the wall was Mr. Sinsley's responsibility and he (Boyle) had offer to pay for half of the relocation cost if an acceptable agreement on the placement of the wall had been reached. Mr. Boyle indicated that he was not willing to pay for the relocation of the wall under the conditions as proposed. City Attorney responded to Commissioner Bogosian's request for clarification as to the party responsible for the relocation costs by explaining that this was not specified in the subdivision conditions. In his judgement, the City Attorney, concluded that the owner of Parcel B, Mr. Sinsley, would be responsible for the cost of relocating the wall. MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:05 P.M. PASSED 6-0. FORBES/MORAN MOVED TO UPHOLD THE DECISION OF THE HERITAGE PRESERVATION COMMISSION AND ADOPT RESOLUTION HPC -92 -1. PASSED 42 (BOGOSIAN AND MURAIKANII OPPOSED). Printed on recycled paper. Background g TVW o4�° 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 M E M O R A N D U M TO: Planning Commission nn FROM: Tsvia Adar, Associate Plannerli'� DATE: May 13, 1992 SUBJECT: Historic Adobe Wall at 15321 Quito Road Informational Report COUNCIL MEMBERS: Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman At the 4/28/92 Planning Commission meeting, Mr. Sinsley addressed the Commission, under the oral communication section of the agenda, regarding an existing historic wall on his property. Per subdivision condition, the wall is required to be relocated within a dedicated open space easement on the subject property. The Commission requested staff to prepare a report for their review, explaining the issues related to the wall. On 3/23/88 the Planning Commission approved a tentative map for a three -lot subdivision at 15321 Quito Road. The site contained an historic adobe home "Casa Tierra" surrounded by an adobe wall. Historic background of the property is attached. One of the conditions for approval requires preservation of the adobe wall as an integral part of the historic home and the site. In order to ensure preservation of the wall, the Heritage Preservation Commission recommended that portions of the wall that are outside the open space easement, be relocated inside the easement. A condition to that effect was added by the Planning Commission; however, the condition did not specify the exact location of the wall and time schedule for compliance with this condition. The amended and approved resolution SD -87 -020.1 with the subject condition #42 is attached. The current owner, Mr. Sinsley, bought the two vacant lots from the original owner before the wall was moved. He is currently building a home on one of the vacant lots (Lot C). As the new owner, Mr. Sinsley was required to comply with the subdivision condition related to the wall, prior to issuance of final occupancy. Mr. Sinsley wishes to move the entire wall to the property line shared with Lot A, on which Casa Tierra is located. Since the subdivision conditions did not specify the location of the wall, staff requested clarification from the Heritage Preservation Commission. In its meeting of 9/25/91, the HPC determined that the intention was to move only the portion of the wall outside the easement to the easement area, in order to preserve the wall and the historic integrity of the adobe home and the site. Minutes from HPC meetings are attached. In a recent review, and in response to Mr. Sinsley's concerns with the proximity of the wall to the new structure, the HPC agreed to recommend approval of relocating the entire wall further into the easement. On 10/23/91, a map indicating a new location for the wall was presented to the HPC by Mr. Sinsley, his representative Mr. Kolstad and Mr. Boyle the owner of "Casa Tierra The wall location as shown on the map was agreeable to both parties, Sinsley and Boyle, and acceptable to the HPC. In accordance with the HPC requirement, a surveyed map was prepared reflecting the approved wall location. The City Attorney also prepared an amendment to the Wall Maintenance Agreement to include reference to the wall location and the map. The map and the amended agreement were required to be recorded with the County Recorder. Mr. Boyle signed the map and the agreement. However, Mr. Sinsley decided that after all, this location of the wall is unacceptable to him. Mr. Sinsley discussed the matter with a number of Council members and Planning Commissioners. The issue was again referred to the City Attorney with all the background material. The City Attorney reviewed the information and concluded that the Planning Commission and Heritage Preservation Commission minutes clearly indicate the purpose and intention for the subdivision condition. The City Attorney's opinion is that the condition requires the relocation of portions of the wall inside the easement. He also clarified that Mr. Sinsley may file an application requesting the Planning Commission to modify the subdivision condition. The available alternatives and process of application were explained to Mr. Sinsley. However, Mr. Sinsley was reluctant to file a formal application and chose to address the Heritage Preservation Commission again on 4/8/92 and the Planning Commission under oral communication, on 4/22/92. Mr. Sinsley also requested that the HPC schedule this issue on the next meeting agenda (5/13/92), to provide the Commission with additional information. Unless directed differently by the Planning Commission, Mr. Sinsley will be required to relocate the wall into the easement in accordance with the outline recommended by the Heritage Preservation Commission as shown on the attached map, Exhibit "A Attachments: 1. Resolution SD -87 -020.1 with the related condition #42. 2. Planning Commission Minutes from 6/22/88 and 7/27/88. 3. Heritage Preservation Commission minutes from 10/23/91, 9/25/91, 7/6/88 and memo to PC from 7 /21/88. 4. Map with wall location approved by the Heritage Preservation Commission on 10/23/91 5. Adobe Wall Maintenance Agreement, recorded with the County Recorders Office. 6. Historic background of the property. DATE: Wednesday, October 14, 1992, 8:30 a.m. PLACE: Warner Hutton House TYPE: Regular Meeting I. ROUTINE ORGANISATION A. Present: Absent: Staff: Guests: Roll Call CITY OF SARATOGA HERITAGE PRESERVATION COMMISSION MINUTES Koepernik, Peck, Peepari, Davis, Fine, Sabin, Ansnes None Director Curtis, Secretary White, Planner Riggs Mr. and Mrs. Boyle, Mr. and Mrs, Sinsley, Mrs. Fanelli B. Approval of Minutes of 9/2/92 and 9/16/922 The minutes of 9/2/92 were approved unanimously. M/S Sabin /Fine The minutes of 9/16/92 were approved unanimously. M/S Sabin /Fine C. Posting the Agenda Pursuant to Government Code 54954.2, the agenda was posted at City Hall on 10/9/92. D. Oral and Written Communications 1. Staff presented a letter from the Heritage Council of Santa Clara asking for nominations for its Board of Directors. 2. A final landscape plan for the Warner Hutton House was presented as a review item. The Commission concluded that the plan was almost identical to the plan previously reviewed at the special meeting on September 16. They asked that, for maintenance purposes, the proposed trees be non bearing fruit trees. II. OLD BUSINESS 1. Placement of the adobe wall adjacent to Casa Tierra located at 15231 Quito Road. Staff presented a brief overview of the previous meeting and indicated that no private agreement had been reached between the Boyles and the Sinsleys concerning the placement of the wall. Mrs. Fanelli, representing the Sinsleys, presented an alternative to the lines previously drawn by the Commission. She indicated that, except for some disputed wording over access to the easement by the Boyles that this line was agreeable to both parties. Mr. Boyle, however, indicated that, without the wording, the location was unacceptable. A general discussion ensued regarding the previously drawn lines, the alternative proposed by Mrs. Fanelli and the restrictions provided by the Open Space easement agreement on the property. The Commissioners were polled as to their preference regarding the proposed placement of the wall. The consensus was for the blue line on the staff Exhibit "A "which represented a line drawn by the Commission at the September meeting. A motion passed 6 -1 to accept the blue line as the final placement for the wall. M/S Fine/ Peepari, Davis opposed. 2. Extension of Heritage Lane designation on Saratoga Avenue Discussion of the response from the City Attorney Staff advised the Commission that the City Attorney, after reviewing Chapter 13 of the City Code, indicated that the HPC could act as applicant to amend the Heritage Lane on Saratoga Avenue without any further authorization. A discussion ensued in which it was suggested that Commissioners Fine and Koepernik would coordinate to make the proper application to the City. 3. Heritage Preservation Incentive Program Staff asked the Commission to review the proposed text of the Heritage Preservation Incentive Program at the next HPC meeting in November. 4. Heritage Inventory Update Staff indicated that the photographer was ready to take the additional photos needed to complete the Inventory book and asked if one of the Commission would aid staff in the finalizing of the text for these photos. Commissioner Ansnes indicated that she had been working on the text for the additional resources and would be able to assist. It was agreed that all efforts should be made to publish the book by early 1993. III. NEW BUSINESS 1. Heritage Preservation Commission authority relating to the modifications of Historic Resources. Commissioner Davis spoke to the materials provided in the HPC packet. She suggested that proper procedures should always be followed, especially in regard to Heritage Lanae Designations. A discussion ensued regarding Chapter 13 of the City Code, Planning and Heritage Preservation Commission authority and various aspects of how the HPC reviewed projects on the Historic Inventory list. It was suggested that the form letter that is sent to all inventory resources be rewritten to better clarify the Commission's authority regarding these resources. The Commission agreed that the letter should be rewritten as soon as possible. M/S Peck /Davis. Date Received: 11/0-67 Hearing Date: Fee: $161.00 Iz�lb��'Z Receipt No.: .2 S y 0 APPEAL APPLICATION Name of Appellant: -S /NS CO .41 srie Uc-riQN Address: J PARk RANc.W ,2 b Telephone: 7a l 7,3 d Name of Applicant (if different from Appellant: Project File Number and Address: Decision Being Appealed: ]).4 4 J» I Aa, 6), AL Grounds for Appeal (letter may be attached): .J L *Appel' ant's Signatur THIS APPLICATION MUST BE SUBMITTED BY 5:00 P.M. WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE OF THE DECISION. *Please do not sign until application is presented at City offices. If you wish specific people to be notified of this appeal, please list them on a separate sheet. City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Councilmembers: Re: APN 397 -07 -015 15200 Oriole Way Saratoga, CA 95070 December 5, 1992 WIDEOWIEff DEC 71992 CITY OF SARATOGA CITY MANAGER'S OFFICE We, the undersigned, are the bordering neighbors of the old Tripp property which was subdivided in early 1988 by Mr. Olson and Mr. Zambetti. This letter serves to state our support of the Heritage Preservation Commission recommendation for final placement of a historic adobe wall at 15229 Quito Road. Mr. Sinsley's attempt to have the wall placed on the property line is a transparent effort by him to use the Open Space Easement for his own benefit and not for the purpose the easement was meant. We quote from "Acceptance of Open Space Easement "Retaining the land as open space is necessary in order to preserve and enhance the designated historic structure located on Lot A by providing a landscaped area between the historic structure and the improvements constructed upon Lots B C." In other words, there was recognition that the Open Space Easement should enhance the historic structure. This is what the Heritage Preservation Commission is trying to do. If Mr. Sinsley would follow the Heritage Preservation Commission recommendation regarding wall placement and would abide by the agreements which he signed when he purchased Lots B C all the properties would be enhanced, including his own. We would like to make some points from a historical perspective: In 1988 there was a strong push by Olson Zambetti and the Heritage Preservation Commission to preserve the adobe structure because it was thought to have historic significance. To accomplish this, the land was subdivided into three building sites which did not strictly conform to lot -split codes. One lot is very long and narrow and on Lot A, the adobe structure does not adhere to set back codes in one or two places. The Open Space Easements were established to "...preserve the rural character of the area in which the land is located." Also from the Acceptance "The land is essentially unimproved and if retained in its natural state has scenic value to the public." In 1988 and 1989 there were multiple meetings with the Planning Commission, agreements made, and approved by the City Council. So far the owners of the lots, first Olson /Zambetti and now Sinsley, have not performed as they agreed. The Greenbelt consists of a few plants -most have died because Mr. Sinsley chooses not to water them. His watering system consists of a spigot or two with NO water in the pipe. During the recent Planning Commission appeal the Sinsleys asserted that the greenbelt plantings were in place and thriving. One look by a city representative will refute this assertion. We urge you to send the City Arborist or someone from the Planning Department to evaluate how well the greenbelt landscaping conforms to the adopted Landscape Plan. They will find that most of the greenbelt consists of vacant land. We urge you, the members of the City Council to reject this Appeal. It may seem complex, but it really isn't. These lot split conditions were made by thoughtful people trying to preserve a historic structure and a rural character of an area of our city. We also urge the City Council to direct Mr. Sinsley to plant the greenbelt per the Landscape Plan and maintain it per the Landscape Agreement. Thank you for your consideration. Clark Beck 15300 Sobey Rd. 15315 Sobey Road Sincerely, Arthur H. Iversen in cent hil 15200 Oriole Way City Counsel City of Saratoga Re: APN 397 -07 -110 Appeal Sinsley; 15229 Quito Road Dear Counsel Members: 1 December 8, 1992 This letter references the historic wall dispute on Quito Road. Lauren Boyle and I are the owners of the historic adobe known as Casa Tierra located at 15231 Quito Road. We strongly urge that the City Counsel reaffirm the historic wall location decision made by Heritage Preservation Commission This decision was upheld by the City Planning Commission; it was recommended by the City Planning Department; and it is supported by all of the neighbors of the subdivision (reference letter from Beck, Iversen and Philbrick). The City approved a subdivision on 7/27/88 which defined a scenic easement and historic wall surrounding Casa Tierra with the intent to ensure the preservation of the historic adobe home and its surroundings. As stated, "The general setting of the home, the vegetation around the structure and the existing adobe wall on the property are all part of the historical characteristics of the home." The subdivision called for the adobe wall to reside in the scenic easement, which was designated to be 30' wide on the north border and 25' on the west boundary of Casa Tierra (because the property line runs closer to the house on the north side more room was needed to keep the wall away from the adobe home). The wall was to meander between trees and landscaping and follow the contours of the gently sloping land, using the same design created by the ladies who built the house and the wall. Fortunately, much of the wall did not have to be moved, and the portion that was relocated was moved often only a few feet and positioned in a way to preserve the walkways used to explore the different gardens around the property. Considerable effort by the previous owners, the neighbors, City employees and numerous Commissioners resulted in a subdivision that both preserved the historic adobe home (on lot A) and enabled the subdivision of two new lots (B and C). In creating the subdivision, restrictions were placed upon lots B and C to accommodate the scenic easement. We purchased Casa Tierra (lot A) in June of 1989. Mr. Sinsley had purchased lots B and C some time earlier. In early spring 1991, Mr. Sinsley notified Boyle that a portion of the wall was in the wrong place. Using engineering drawings, we were able to verify that some of the wall was in fact out of the easement. We marked a relocated wall location, adhering to the flow of the original wall but compromising to the benefit of us both. Lauren and I thought the problem was solved (as neighbors would solve it). Mr. Sinsley changed his mind, however, and this process was later repeated with Mr. Colstadt (acting as Mr. Sinsley's agent), but Mr. Sinsley subsequently changed his mind again. Later in the fall of 1991, Mr. Sinsley stated his real intent and demanded the right to move the wall to the property line. After two meetings of the Heritage Preservation Commission (HPC), on -site visits by several of the Commission members, $2500 spent by the Boyle's on surveys and consultant fees, we once again thought we had an agreement, one that would result in recording the exact location of the wall (survey dated 10/31/91). In spite of agreeing to the above action, Mr. Sinsley changed his mind for a third time, and this summer asked the HPC to again review his recommendation. Based upon Commissioner (and architect) Peter Sabin's knowledge of the property and his design experience, the HPC proposed a compromise wall location and asked both parties to either agree to it or reach their own acceptable solution. This new proposal called for the wall to be placed closer to the adobe home (and farther away from the Sinsley house) than any of the previous agreements. We were not able to reach a different agreement with Mr. Sinsley so the issue was brought back before the HPC on October 14, 1992 at which time the HPC approved the "blue line" which was proposed earlier. This decision was reaffirmed by the Planning Commission in November. In spite of agreeing to them, Mr. Sinsley now thinks that the restrictions placed upon him by the subdivision are unfair. If this were an issue of fairness, the hundreds (perhaps thousands) of hours of thoughtful work and the actions taken by dozens of City employees and Commissioners would stand above reproach. Further, the way Lauren and I worked to secure three previous agreements with him, as well as the way we responded to our Historic Wall Maintenance responsibilities after the 1989 earthquake (spending $20,000 to rebuild the wall) would stand on their own. Surprisingly, Mr. Sinsley seems to have forgotten he was able to pay a lower price for the lots because of the restrictions placed on them, paying about $375,000 per lot while the adjoining lot sold for over $550,000. The reasons for the restrictions on lots B and C were to preserve the building, the wall and the surroundings that all together comprise Casa Tierra. Sinsley's lots would not have been allowed to exist without these restrictions. I would be happy to argue about fairness on this issue, but that has already been done, again and again and again. The City Counsel nows needs to decide if the bodies designated to make decisions on this issue acted properly. It seems clear to a lot of people that they did indeed do the right thing. We strongly urge that the City Counsel reaffirm the HPC decision and the action of the Planning Commission. It is consistent with the letter of the subdivision, and, equally important, it is consistent with the spirit of the agreement which was to preserve the historic integrity of Casa Tierra. Respec ully yours, R. Darre oyle 2 Lauren R. Boyle December 8, 1992 EXECUTIVE SUMMARY NO. 02 a AGENDA ITEM MEETING DATE: December 16, 1992 CITY MGR. APPROVAL ORIGINATING DEPT: Engineering doe SUBJECT: Abandonment of Light and Air Easement at 14855 Baranga Lane (Lin) Recommended Actions Adopt resolution vacating the easement. Discussion: Dr. and Mrs, Robert Lin, the property owners of 14855 Baranga Lane, are requesting the abandonment of a Light and Air Easement on their property which was offered for dedication to the public via the subdivision map for Tract No. 1206 recorded on September 23, 1953, prior to the City's incorporation. The offer of dedication has never been accepted by either the City or the County and it would appear that the 25 year rule affecting such offers would automatically nullify the offer. However, to clear title of the property, the Lin's are requesting a formal abandonment of the easement by the City. Two similar easements affecting lots 5 and 7 in the subdivision have previously been abandoned by the City. The first abandonment of the easement on lot 5 occurred in 1959 and the second abandonment of the easement on lot 7 occurred in 1985. To abandon the easement on Lot 3 (the Lin's property) the City may use the procedures in the Streets and Highways Code for a summary vacation. The attached resolution, if adopted, would cause a summary vacation of the easement as requested by the Lin's. Fiscal Impacts; None. Attach ents: 1. Resolution vacating the easement. 2. Letters from Dr. Mrs. Lin and Mrs. Fanelli. 3. Portion of map of Tract Ro 1206. Motion vote: SARATOGA CITY COUNCIL November 19, 1992 Mr. Larry Perlin City Engineer City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 Dear Larry: Sincerely yours, DR. LIN Robert Lin, M.D. ROBERT K. C. LIN, M.D., M.P.H. 20895 JOLLYMAN LANE CUPERTINO. CA 95014 (408) 253.6789 4082439009 P.01 This letter is to state that Mrs. Virginia Fanelli is authorized to represent us for the approval on our property at 14855 Baranga Lane, Saratoga, CA. 95070. Cafnie Lin Fanelli Consulting, Inc. Land Planning Property Management Real Estate Broker November 19, 1992 Mr. Larry Perlin City Engineer City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Larry: On behalf of Dr. and Mrs. Robert Lin, owners of Lot 3 of Sunshine Slopes, Tract Number 1206 recorded and filed in Book 46 of Maps at Page 8 on September 23, 1953, in the County of Santa Clara, we are requesting the easement for light and air between the property lines and the lines designated "building line" or "B /L" be vacated by the City of Saratoga. We have researched both the County of Santa Clara and the City of Saratoga records, and can find no acceptance of the original offer of dedication. Since the offer was made in 1953, the 25 year period for acceptance has elapsed. Additionally, we find that the subject easement for light and air has not been continuously used as an easement for light and air for the five consecutive years immediately preceding this request. The similar easements on Lot 5 and Lot 7 of this subdivision have been vacated, the first in 1959 and the second in 1985. (see attachments) Please let us know if you need any additional information to accompany this request. Very truly yours, Vir nia L. Fanelli 10052 Pasadena Avenue, Suite B Cupertino, CA 95014 (408) 996 -8188 Fax (408) 996 -8261 O Z[4 N•A Y A/l ep 04 A.r4: 1C1 .1T1 71�2� -A-r F �1 M111111 r 100..1 J JAN 9 re 4 11 /•A .4110 N*31'11 IM 1,e1. CNAOIIJ W. n/ISSIE 14 !I /WHOP TRACT NQ 1206 SUNSHINE SLOPES BuILD/ 5C7 UtIJE SITUATED 114 SECTION T. T. S S.,R. 1 W. M.D. L M SANTA CLARA COUNTY. 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APPROVAL ORIGINATING DEPT: Engineering g SUBJECT: Bonnet Way Soundwall, Capital Project No. 9113 Award of Construction Contract Recommended Action: 1. Declare Serrano Cone, Inc. of San Ramon to be the lowest responsible bidder on the project. 2. Authorize staff to execute the attached construction contract with Serrano Cone, Inc. for $355,393.75. 3. Authorize staff to execute change orders to the contract up to $24,375. 4. Approve a budget adjustment of $35,000 for the project and direct staff to return with the necessary appropriation resolution. Discussion: Per previous Council direction, staff has solicited bids for the Bonnet Way Soundwall, Capital Project No. 9113, from the four freeway contractors working within Saratoga. Three of the four contractors submitted bids and a summary of the bids is attached. Serrano Cone, Inc. of San Ramon submitted the lowest bid of $355,393.75, and their unit price for the wall, $10.25 per square foot, falls within the $9.75 $10.25 unit price which staff was expecting. Staff has carefully checked the bids and has determined that the low bid is responsive to the Call for Bids dated October 21. Therefore, it is recommended that the Council declare Serrano Cone, Inc. to be the lowest responsible bidder on the Bonnet Way Soundwall Project and authorize staff to execute the attached construction contract with Serrano Cone, Inc. in the amount of $355,393.75. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to $24,375 to cover any unanticipated circumstances which may arise during construction. Landscaping and Trees: As I have previously reported to you, construction of the Bonnet Way Soundwall will interfere with 101 of the redwood, pine and strawberry trees growing along the edge of Bonnet Way. Staff has identified these trees in the field with a red ribbon. These trees, along with all of the other similar trees growing along Bonnet Way, were originally planted back in 1985 86 and were paid for by the 41 Bonnet Way, Kodiac Place and Alvarado Place property owners via Landscaping and Lighting District assessments. The property owners were annexed to the City's Landscaping and Lighting Assessment District as Zone No. 15 through Annexation No. 1985 1 in FY 1985 -86. The initial two years of assessments were $222.00 and $170.76 per parcel to primarily cover the installation costs of the trees and an irrigation system. Since then, the annual assessments have ranged from $83.76 to $126.18 to cover the landscape maintenance costs. Since the problem with the trees became apparent, staff has been working to seek a solution that will preserve as many of the trees as possible at a minimum cost to the project. Among the options staff has studied include relocating the wall back into the Southern Pacific Railroad right -of -way or removing and relocating the trees. Initially it would appear that relocating the wall makes the most sense. However, aside from the time delay and cost that would result from securing the necessary easement from the Southern Pacific Transportation Co., this option by itself does not solve the problem with the trees. The reason is because the contractor must build the soundwall primarily from the Bonnet Way side of the project and the trees make this virtually impossible for the contractor to do. There is insufficient space for the contractor to handle materials and maneuver equipment among the trees which are growing within 12 18 inches of where the wall is to be built. Incidentally, this problem would exist no matter what type of soundwall is built so there should be no reason to reconsider the type and design of wall previously selected by a majority of the neighborhood. There are three alternatives staff has considered for removing and/ or relocating the trees. The first involves arranging with a tree nursery to trade the trees for new trees upon completion of the project. Staff has been able to locate one such nursery which has expressed an interest in up to 25 of the large redwood and pine trees and all of the strawberry trees. As of yet however, the nursery has not formalized an offer to the City. The second alternative involves removing the trees to an offsite location, storing and caring for them during the construction of the wall, and then replanting them at the completion of the job. Staff has located one such firm capable of doing this work and a copy of their proposal for $32,600 is attached. Not mentioned in the proposal is a $500 per month charge for watering, fertilizing and trimming the trees, so assuming three months of storage is necessary, I would expect the total cost to rise to $34,100. I would also note that the tree mover will not guarantee any survival rate for the trees although Barrie Coate has indicated that because of the very good condition of most of the trees, the survival rate should be high if proper tree moving procedures which he would recommend are followed. The third alternative would involve simply removing the trees and replanting new trees at the completion of the job. Assuming an equal number of 15 gallon, 24 inch box and 36 inch box trees were replanted, the total cost to replant trees would most likely be somewhere between $30,000 and $35,000 or nearly equivalent to the cost of removing, storing and replanting the trees. Regardless of which alternative is selected, there will be an additional cost of probably around $3,000 to restore and retrofit the irrigation system serving the trees. At this point I am not yet recommending any of the three alternatives until I know the extent that the nursery mentioned in the first alternative is interested in trading trees. Depending on the level of interest, trading as many as 25 of the larger trees along with the strawberry trees could reduce the cost of dealing with the trees by as much as one third. The Traffic Authority has indicated that the City can utilize the discretionary landscaping funds for Route 85, curently estimated to be $117,060 (see attached chart), to offset the costs of removing and replanting the Bonnet Way trees. Knowing this, I believe the City Council should award the construction contract for the project as recommended above at this time so that the Contractor can begin to process the necessary paper work, secure bonds and gear up for construction. This usually takes a couple of weeks to do and during this time, staff can finalize a recommendation for handling the trees for the Council to consider at your January 6 meeting. Also, in the mean time, I have arranged another meeting of the Bonnet Way neighborhood on December 15th to discuss all of this with them (see attached meeting notice). Fiscal Impacts: The adopted budget contains $288,000 in Capital Project No. 9113 for the Bonnet Way soundwall. As of the end of November, a balance of $267,770 remains in the project. The Traffic Authority has advised staff that an additional $77,000 will be transferred to the City to allow the wall to be extended across the properties on the east and west ends as requested by the four property owners, a full credit for the corresponding reductions in soundwalls along Route 85. This still leaves a shortfall of $10,623.75 to fund the base contract. In order to cover unanticipated contingencies as well, staff recommends that the Council approve a budget adjustment of $35,000 to complete the project. No additional funds need be added to the project to cover the landscaping costs since those costs can be paid for with "discretionary" landscape funds from Route 85. If the Council approves the recommended budget adjustment, staff will return with the required appropriations resolution at your January 6 meeting. Attachments: 1. Bid Summary. 2. Construction Contract. 3. Proposal from Coast to Coast Tree Movers. 4. Neighborhood Meeting Notice. Motion Vote: ITEM ITEM DESCRIPTION QUANTITY UNITS 1. CLEARING AND GRUBBING 2. MASONARY BLOCK SOUNDWALL LS LS 34,575 SF CITY OF SARATOGA BONNET WAY SOUNDWALI CAPITAL IMPROVEMENT PROJECT NO. 9113 BID SUMMARY Serrano Cone, Inc. UNIT PRICE TOTAL UNIT PRICE n/a $10.25 GRAND TOTAL C.A. Rasmussen, Inc. Dan Caputo Co. TOTAL UNIT PRICE TOTAL $1,000.00 n/a $11,000.00 n/a $637.00 $354,393.75 $10.62 $367,186.50 $11.20 $387,240.00 $355,393.75 GRAND TOTAL $378,186.50 GRAND TOTAL $387,877.00 To e ;ty SArNAo W Pore e e k-A- 5v1o.Ai t- O'J r rYG)c&A\ f c 0 i Sa,� o esk (w you 4- COAST TO COAST WILL PROVIDE: ,q,/ -took, ft J /vw}errus lo e4 31eK tL c .IA Y/Ree 11 b e p fi Move I-c iMy Akiscv -y RePlikA i TR cc: ArC PO f- s tuur AvNivk I R e es Wfl h t S }orecK fug 5 [)o. 00 per vnd4 fit Si--- t.- w1At 0461. l v %h "VW a G T'S P 4 1°13 4 011 Frsf Ac I' '"t E 1 C o 6N 1 C tT ie wcc\c 3 L 0 Pill 1 4wt l..✓ 10 G 40 (D Pro recA 547J 4 TOTAL 32, LOO 16 A(►rYe r 10 io i�L App -to A JOB NUMBER.0 l2 (1 TAX CONTRACT SPECIFICATIONS OWNER OR GENERAL CONTRACTOR WILL PROVIDE: sec= 22 t u I Ap/' i 0 13 1. 1 5u CO (DE r 4r-cc `V3 .0 per rQG Os 200. co ec. rc�: COAST TO COAST Tree Movers x.70 -75-U ∎Ja •-ge RD s' To.se. C.4 7501 Experts in Relocation of Large Trees On and Off Site A-4 4- x50.00 c kvec CecL 4 V76-.00 .00 C �r er e� Ar 150.00 ef.r ec. h rL Yo GLI (408) 365 -3581 I9/ .7 CD 1 I (Cc/f (rU C 0 ci.S AX <,4 k k Wit+I e Ayj AN'N-AN ttlrY Ail ?)0 NOTE: The owner or general contractor will be responsible for all underground obstacles (electric, water, gas, irrigation, etc...). Printed on recycled paper. When: Where: Why: You are invited to attend one soundwall project. The meeting December 15 at 7:00 p.m. in the room. Please enter the Library book drop (see map on reverse). At the meeting, I will explain the impacts of the project on the existing landscaping and trees along Bonnet Way and how the City proposes to mitigate the impacts. Additionally, I will present a schedule for completion of the project. Since this is purely an informational meeting, there will be no votes taken on any issues. This means that previous decisions made by the neighborhood regarding the design and type of soundwall will not be brought up for reconsideration. As a resident of Bonnet Way in the vicinity of Highway 85, I encourage your attendance at the meeting. However if you cannot attend but would like more information about the project, please call either John Cherbone of my staff or myself at 867 -3438. Otherwise, I look forward to meeting with you again on the 15th. Sincerely, .,414 Larry I. Perlin City Engineer cc: City Council oaufw %1] o C� NOTICE OF NEIGHBORHOOD MEETING 7:00 p.m., Tuesday, December 15, 1992 Saratoga Community Library Meeting Room To receive additional information about the Bonnet Way soundwall and the impacts of the project on the existing landscaping final meeting on the Bonnet Way will be held this coming Tuesday, Saratoga Community Library meeting through the side entrance near the 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Ann Marie Burger Willem Kohler Victor Monia Karen Tucker Dollar Allocation Rate (per Acre) Landscape Acreage Landscape Construction Cost Landscape Construction Costs Not it TA Contract 331 Total Landscape Construction Cost 0 acre 0.5 0 26.1 000,000 15,000 acre 18.1 271,500 271,500 25,000 acre 6.1 152,500 391,500 152,500 30,000 acre 1.5 45,000 45,000 35,000 acre 6.6 231,000 231,000 Subtotal 32.8 700,000 700,000 P.G. E. Poles N.A. 2,940 2,940 Total Allocated to Date 32.8 702,940 N.A. 702,940 Total Landscape Budget 820,000 Remaining Budget to Date 117,060 PLANTING AREAS CITY VISIBLE INTER- LOCAL LOCAL AREA AREA SNDWL SOUND- TOTAL FRWY CHNGS/ STRTS MDNS BEHIND BEHIND TO ROW WALLS PLNTNG W /IN LOCAL LNDSCP WHERE SNDWL SNDWL NOT VIS. ACRES SOUND- STREET AREA CREATD VSBL TO ON TO WALLS XINGS CREATD PUBLIC HNG PT PUBLIC (MILES) r LAND- SCAPE BUDGET ($25,000/ ACRE) MINIMUM PLANTING BUDGET ($15,000 VISIBLE ACRE) DISCRE- TIONARY BUDGET (TOTAL MINIMUM) SARATOGA 26.1 2.9 2.0 1.6 0.2 32.8 820,000 391,500 428,500 ROUTE 85 LANDSCAPING AREAS SARATOGA (IN ACRES) Estimates taken from reduced preliminary lay -out maps Not included in acreage totals ORSEE DESIGN ASSOC. 4/6/92 '�'z REM itt IN am 6 D isc ffnotoey' ida tos CA 114 FvNPs