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HomeMy WebLinkAbout07-16-1986 City Council Agenda packetAGENDA BILL NO. /0 DATE: 7 -1 86 (7- 16 -86) DEPT.: Engineering SUBJECT: FINAL MAP APPROVAL. SDR- 156 JAMES HOPKINS LOMITA AVENUE (1 LOT) Suimary 1. SDR 1565 is ready. for. Final Map Approval,. This is an. over. 50%• expansion. to. an existing. single. family, 2. All conditions for the City and other departments have been met. 3. All bonds, fees and agreements have been submitted, to the City. Fiscal Impacts: None Exhibits /Attachments: 1. Resolution No. 1565 -02 2. Report to Planning Commission 3. Location Map CITY OF SARATOGA AGENDA ITEM e CITY MGR. APPROVAL Ar,e Recommended Action: Adopt Resolution No. 1565 -02 attached, approving. Final Parcel Map for James Hopkins. Authorize execution, of Building Site Agreement. Council Action Approved. SECTION 1: AYES: NOES: ABSENT: ATTEST: CITY CLERK RESOLUTION NO. 1565 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF JAMES HOPKINS The City Council of the City of Saratoga hereby resolves as follows: The 23,040.0 S.F. parcel shown as Parcel A on the Final Map prepared by Lance D. Geselbracht and submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the day of 19 by the following vote: MAYOR RF OM: Kathryn Caldwell, Planner DATE: 5/28/86 ISSUES: STAFF RECOMMENDATION; ATTACHMENTS: 1 1/ /1 1. Resolution SDR 1565 -2, A -954.1 2. Exhibit A -1: Findings 3. Letter of request dated April 16, 1986 4. Staff report to the Planning Commission dated 4/25/84. REPORT TO PLANNING COMMISSION APPLICATION NO. LOCATION: SDR -1565, A- 954;_20650 Lomita Ave. APPLICANT: James and Jane Hopkins APN: 517 -12 -09 PROJECT DESCRIPTION: Extension of time to complete conditions of tentative map for 507. expansion of an existing single family home and design review for a two -story addition. None. Tentative approval given 4/25/84 expires May 14, 1986, unless extended by the Planning Commission. Approve the request by approving attached resolution and findings of Exhibit A -1. SDR -1565 A -954 EXHBIT A -1 EXHIBIT "A -1" 1. Unreasonable Interference with Views or Privacy The windows in the rear elevation, and to lesser extent those in the right elevation, could have an adverse impact on the privacy of the adjacent property to the northwest. The potential for this is limited and will be effectively mitigated by additional landscaping. 2. Preservation of the Natural Landscape No grading is proposed and not major trees will be removed so the natural landscape will be preserved. 3. Perception of Excessive Bulk Although the proposed structure would be higher than other two stories in the neighborhood, the second story portion of the structure would be relatively small and would be screened by existing vegetation. Thus, the perception of bulk will be minimized. 4. Compatible Bulk and Height As indicated in Finding No. 3, the structure will be compatible in terms of bulk and height. Also, the structure will not interfere with the light, air, and solar access of adjacent properties due to the setbacks maintained by the structure, the structure's orientation, and the shading already provided by existing vegetation. April 16, 1986 James H. and Jane Francis Hopkins 20650 Lomita Avenue Saratoga, CA 95070 RE: Application for One (1) year extension on SDR -1565 and A -954; Street Address: 20650 Lomita Avenue, Saratoga; Dear Planning Commission: We are requesting a one (1) year extension on design review approval and subdivision approval (SDR -1565 and A -954) for the following reasons: After we received the approvals, James Hopkins accepted a temporary work assignment in Southern California. We decided not to build during this period. He is now back in Santa Clara County and will remain here. We plan to submit our working drawings for review within 30 days and plan to obtain financing within 30 days. Very truly yours, A nan &Z James H. and Jane Francis Hopkins City cf Sarafega APPROVED BY: SUBJECT 01MT cDO L -g ACTION REQUIRED: Approval of: 1) OTHER APPROVALS RECEIVED /REQUIRED: 2) Building Permit PLANNING CLASSIFICATION: REPORT TO PLANNING COMMISSION *(amended 4/25/84) DATE: 4/17/84 Commission Meeting: 4/25/84 SDR -1565 and A -954, James and Jane Hopkins, 20650 Lomita Ave. An over 50% expansion to an existing single family dwelling; and 2) Design Review for a two -story addition 1) Final Building Site Approval; and ZONING: R -1- 10,000 GENERAL PLAN: Residential Medium Density Single Family (M -10). The project conforms with the goals and policies of the General Plan. SITE DATA: PARCEL SIZE: 24,840 sq. ft. NATURAL FEATURES VEGETATION: There is a large oak tree in the front of the site and mature trees and heavy vegetation (primarily redwoods) along the southeastern property line. None of these major trees will be removed. AVERAGE SITE SLOPE: 6.5% SLOPE AT BUILDING SITE: 6.5% t to Planning Commi. —.on. 4/17/84 1565 A -954, HopkC Lomita Ave. c IV Page 2 PROJECT STATUS: Said project complies with all objectives of the General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorders' Office relative to the environmental impact of this project, if approved under this application. Said determination date: April 13, 1984 The Staff Report recommends approval of the tentative map for SDR -1565 (Exhibit "B" filed February 27, 1984) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordiance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site Approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. 1 II. SPECIFIC CONDITIONS- COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for checking and recordation (Pay required checking recordation fees). (If parcel is shown on existing map of record, submit three (3) to- scale prints). C. Submit "Irrevocable Offer of Dedication" to provide for a 20 ft. 'Half- Street on Lomita Avenue. D. Improve Lomita Avenue to City Standards, including the following: D.I.A. 1. Designed Structural Section 13 ft. between centerline and flowline. D.I.A. rt to Planning Comm _on -1565 A -954, Hopki, y Lomita Ave. 4/17/84 Page 3 2. P.C. Concrete curb and gutter (V -24). D.I.A. 3. Undergrounding Existing Overhead Utilities. D.I.A. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse. D.I.A. F. Construct Lomita Ave... to 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6" aggregate base from existing similar improvements to the east (property of Lawrence) to the westerly property line of this property. G. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6" aggregate base. H. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Community Development. I. Provide adequate sight distance and remove obstructions of view as required at driveway and access road inter- sections. J. Watercourses must be kept free of obstacles which will change,' retard or prevent flow. K. Engineered Improvement Plans required for: 1. Street Improvements. 2. Storm Drain Construction. L. Pay Plan Check and Inspection Fees as determined from Improvement Plans. M. Enter into Improvement Agreement for required improve- ments to be completed within one (1) year of receiving Final Approval. N. Enter into "Deferred Improvement Agreement" for the re- quired improvements marked "D.I.A." 0. Post bond to guarantee completion of the required im- provements. III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1) Foundation ,ort to Planning Co ±on 4/17/84 JR 1565 A 954, Hopki Lomita Ave. Page 4 IV. SPECIFIC CONDITIONS COUNTY SANITATION DIST. NO. 4 A. No conditions V. SPECIFIC CONDITIONS SARATOGA FIRE DISTRICT A. Water supply and access for fire protection are acceptable. VI. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPT. A. Domestic water to be by San Jose Water Works. VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans show- ing the location and intended use of any existing wells to the SCVWD for review and certification. VIII. SPECIFIC CONDITIONS PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits, individual structures shall be reviewed by the Permit Review Division to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible,, for future passive or natural heating or cooling opportunities on /in the subdivision /building site. Tree removal prohibited unless in accord with applicable City Ordinances. Prior to final inspection /occupancy, the existing accessory structure shall be removed or relocated in conformance with the Zoning Ordinance. rt to Planning Co _on R -1565 A -954, Hop __As, Lomita Ave. DESIGN REVIEW A -954 ORDINANCE COMPLIANCE: COMPLIANCE: Existing First Floor: 1,200 Proposed First Floor: 798 Proposed Second Floor: 618 Existing Accessory Structure TOTAL 2,616 4/17/84 Page 5 SETBACKS: Front: 65 ft. (from centerline of Lomita) Rear: 163 ft. Left Side: 10 ft. Right Side: 10 ft. HEIGHT: 29' IMPERVIOUS COVERAGE: 17% SIZE OF STRUCTURE (Including Garage): Per Per Applicant Staff 1,200 sq. ft. 1,015 sq. ft. 654 sq. ft. 2,869 sq. ft. 240 240 sq. ft. 2,856 3,109 sq. ft. The proposed additions, combined with the existing structures, are below the 3,500 sq. ft. allowable floor area using the applicant's or staff's calcuations. The only ordinance violation problem is the existing acces- sory structure (garage) which maintains a 2 ft. side yard where 10' is required. This structure should be removed or relocated in compliance with the ordinance. PROJECT CONSIDERATIONS: Impact on Privacy and Views: Staff noted a potential privacy impact associated with the addition due to the windows in the rear elevation_ which look down into the rear yard of the adjacent property to the northwest. This view is partially screened by the existing garage on the adjacent property and can be further mitigated by additional land- scaping. Exterior Materials: Wood siding Gray; Wood window trim light blue. Roof Materials: Wood shingles natural color Compatibility: There is a two -story structure across the street from the subject property which steps down from Lomita Ave. There are other two -story structures two lots to the north and south of the site. At its highest point, the proposed structure is taller than these structures. However, the bulk of the structure is basically single -story in height and the existing oak provides some screening of the second level so the proposed structure will be compatible. port to Planning Co .Lon DR -1565 A -954, Hopkins, Lomita Ave. DESIGN REVIEW A -954, cont'd. Other: The applicant proposes to move the driveway from the right hand side of the lot to the left hand side. FINDINGS: 1. Unreasonable Interference with Views or Privacy The windows in the rear elevation, and to lesser extent those in the right elevation, could have an adverse impact on the privacy of the adjacent property to the northwest. The potential for this is limited and can be effectively mitigated by additional landscaping. 2. Preservation of the Natural Landscape: No grading is proposed and no major trees will be removed so the natural landscape will be preserved. 3. Perception of Excessive Bulk: Although the proposed structure would be higher than other two stories in the neighborhood, the second story portion of the structure would be relatively small and would be screened by existing vegetation. Thus, the perception of bulk will be minimized. 4. Compatible Bulk and Height As indicated in Finding No. 3, the structure will be compatible in terms of bulk and height. Also, the structure will not interfere with the light, air, and solar access of adjacent properties due to the set backs maintained by the structure, the structure's orientation, and the shading already provided by existing vegetation. RECOMMENDATION: Staff recommends approval per the Staff Report dated 4/17/84, Exhibits "B and C and subject to the following conditions: 1. Prior to issuance of building permits, submit for staff review and approval the following: A. A landscaping plan for the southeastern side of the site showing how the privacy of the adjacent property owner will be preserved. B. Any modifications to the site development plan or structure elevations. Approved: MF /dsc P. C. Agenda: 4/25/84 41 4:(4. 4 Ja10 Michael Flores Planner 4/17/84 Page 6 517 1. 9sy J VII.t A AGENDA BILL NO. l o ge-I- DATE: 7 -1 =86 (.7- 1.6 -86) DEPT.: Engineering CITY OF SARATOGA CITY MGR. APPROVAL SUBJECT: FINAL MAP APPROVAL. SDR 1621, GRANT ADORADOR MENDELSOHN LANE (1 LOT) Summary: 1. SDR-1621 is ready for Final Map Approval. 2. All the conditions for the City and other agencies have been met. 3. All bonds and agreements have been submitted to the City. Fiscal Impacts: None Exhibits /Attachments: 1. Resolution No. 1621 -02 2. Report to the Planning Commission 3. Location Map Recommended Action: Adopt Resolution No.. 1621 -02 attached, approving. Final Map for SDR -1621. Authorize execution of Exhibit "B" Agreement. Council Action Approved. SECTION 1: RESOLUTION NO. 1621 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF GRANT ADOKADOR The City Council of the City of Saratoga hereby resolves as follows: The 0,768 acre parcel shown- on Record of Survey prepared by Mark Thomas and Company and submitted to City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR DATE: 5/5/86 COMMISSION MEETING: 9/14/86 APN: 517 -21 -07 APPLICATION NO. LOCATION: SDR -1821, A -1181; North side Mendelsohn Lane east of Piedmont Road. ACTION REQUESTED: Tentative building site approval and design review approval to construct a two story residence which exceeds the allowable floor area on a vacant lot. APPLICANT: Joe Waller PROPERTY OWNER: Grant Adorador OTHER APPROVALS REQUIRED: Final building site approval, building permit ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared for the project. ZONING: R -1- 20,000 GENERAL PLAN DESIGNATION: Residential Low Density Single Family EXISTING LAND USE: vacant SURROUNDING LAND USES: Residential PARCEL SIZE: Net: 31,540 sq. ft. (.724 acre) Gross: :33.454.08 sq. ft. (.768 acre) NATURAL. FEATURES VEGETATION: Wildcat-Creek runs along the northern portion of the site: Mature trees are scattered along the. perimeters of the site. The site is at a lower elevation than Mendelsohn Lane. SLOPE AT BUILDING SITE: level AVERAGE SITE SLOPE: 12.42X GRADING REQUIRED: Minimal grading is required. PROPOSED SETBACKS: Front: 45 Ft. Rear: 54 Ft. Left Side: 52 Ft. Right Site: 55 Ft. HEIGHT: 30 ft. TECHNICAL INFORMATION ANALYSIS IMPERVIOUS COVERAGE: 28 (without pool) SIZE OF STRUCTURE: First Floor (including garage): 2750.5 sq. ft. Second Floor: 2250.0 -sq. ft. TOTAL: 5000.5 sq. ft. OROINANCE COMPLIANCE: The project does not meet al.l the requirements and standards of the zoning ordinance. MATERIALS COLORS PROPOSED: Exterior Medium stucco finish painted light grey Roof Natural color wood shakes ANALYSIS: A three lot subdivision (Liccardo, SDR -1590) was approved to the north of the site by the City Council on appeal in April 1985. Wildcat Creek runs along the northern portion of the site. The 1% flood level is at 493 ft. elevation. The first floor elevation of the ,living area is raised above the 100 year flood plain. The entrance to the garage is at the rear of the residence. The proposed layout creates a long driveway which increases the impervious coverage. The driveway is located within the SCUWD easement. The .district has approved the layout. However, alternatives exist to reduce the driveway length and keep the driveway from running parallel to the creek. SDR -1621 I. GENERAL CONDITIONS: EXHIBIT "A" Applicant shall comply with all applicable provisions of Chapter 14 of the City Code, including without limitation, the submission of a record of survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health. Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to'said Chapters for further particulars. Site approval in no way.excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following specific conditions: II. PUBLIC WORKS A. Pay storm drainage fee in effect at the time of obtaining final approval. B. Submit parcel map to City for checking and recordation.. Pay required checking and recordation fees. (If parcel is' shown on existing map of record, submit three to scale prints.) C. Submit ".irrevocable offer of dedication" to provide for a 30 ft. half street on Mendelsohn. Submit "irrevocable offer of dedication" to provide easements, as required. E. Improve Mendelsohn to City standards, including the following: 1. Designed structural section 18 ft.. between centerline and flowline. 2. P.C. concrete curb and gutter-(R-36). 3. Pedestrian walkway (6 ft. A.C.). 4. Undergrounding existing overhead utilities. F. Construct storm-drainage system as shown on the "Master Drainage Plan and as directed by the City Engineer, as needed to convey storm runoff to street, storm sewer or watercourse, including the following: 1. Storm sewer trunks with necessary manholes. 2. Storm sewer laterals with necessary manholes. 3. Storm drain inlets, outlets, channels, etc. G. Construct standard driveway approaches H. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. I, Watercourses must be kept free of obstacles which will change, retard or prevent flow. J. Protective planting required on roadside cuts and fills. I<. Engineered improvement plans required for: 1. Street improvements. Storm drain construction. L. Pay plan check and inspection fees as determined from improvement plans. M. Enter into improvement agreement for required improvements to be completed within one year of receiving final, approval. N.. Post bond to guarantee completion of the required improvements. 0. Obtain encroachment permit for driveway approaches or pipe crossings to city street. III.DEPARTt1ENT OF INSPECTION SERVICES A. •Geotechnical investigation and report by licensed professional for: 1.. Geology Soi 3: Foundation B. Detailed on site improvement plans showing: 1. Drainage details (conduit type, slope, outfall, location, etc.) 2. Erosion-control measures 3. Standard information to include titleblock; plot plan using record data, location map, .north'arrow, sheet nos.,• owners's name, etc.) IV. COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer connection is required. Hook —up to sewer is required when the new line (Wildcat Creek. Trunk) has been accepted B. Applicant shall pay hook up fees as required by District No. 4. V. SARATOGA FIRE DISTRICT A. Construct driveway 14 ft. minimum width, plus one foot shoulders using double seal coat 0 and S or better on 6 in. aggregate base from public street or access road to proposed dwelling. Slope of driveway shall not exceed 12 1/2% without adhering to the following: B. by the County Sanitation District No. 4. 1. Driveways having slopes between 12 1/2% to 15% shall be surfaced using 2 1/2 in. of H.C. or 6 in. of A.B. 2. Driveways having slopes between 15% and 17 1/2% shall be surfaced using 4 in. of PCC concrete rough surfaced on 4 in. aggregate base and shall not exceed 50 ft. in length. 3. Driveways with greater slopes or longer length will not accepted. B. The developer shall install one hydrant that meets Saratoga Fire District's specifications. Hydrant shall be installed and accepted prior to construction of any building. C. Provide 15 ft. vertical clearance over the road or driveway to building site and remove all limbs, wires or other obstacles. VI. SANTA CLARA COUNTY HEALTH DEPARTMENT A. H sanitary sewer connection will be required. B. •Domestic water shall be supplied by San Jose Water Company, VII:SANTA CLARA VALLEY WATER DISTRICT A. The proposed pad elevation shall extend. at 5 ft. from the building but not into the District easement. There shall be no fill in the District easement. C. Outfall details shall-be shown on the improvement plans. There shall be no overbank drainage into the creek from the building or driveway. D. Prior to final map approval the applicant shall submit plans showing the location and intended use.of any existing wells to the SCVWD for review and certification. E.. Any improvement plans shall be submitted for district review and permit approval. SDR -1621 VIII. PLANNING DEPARTMENT A. Design review approval required prior to issuance of permits. A -1181 B. Prior to issuance of building permit individual structures shall be reviewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on the building site. C. The elevations indicated on the southwest corner of the site (594- 598) should be corrected prior to final map. D. Tree removal is prohibited unless in accordance with City regulations. E. Applicant shall comply with City Geologist's letter dated May 2 1986. S. The residence shall not.exceed 30 ft. measured in accordance with the City's definition. 3'. Paved areas shall be no closer than 10 ft. from existing trees. 4. Existing trees shall be protected during construction. Protective fencing shall be installed around the trees prior to issuance of a building permit. 6. Early warning fire system shall be installed if the home exceeds 5,000 sq. ft. 1. The residence shall not exceed 5,000.5 sq. ft. measured in accordance with City definitions. 2. Fences and walls in the setback area shall not exceed 6 ft. in height measured on either side of the fence from the.top to 'the finish or natural grade whichever is lower. SOR-1621 A -1181 Exhibit A -1 FINDINGS: 2.. Preservation of the natural landscape 3. Perception of excessive bulk. R. Compatible bulk and height Said project complies with all objectives of the General Plan and .all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. Unreasonable interference with views or privacy (and compatible infill project -The height, elevation and placement of the project on the site does not unreasonably interfere with views of•the surrounding residences in that the site is about 6. ft. below Mendelsohn Lane and :is at the :game or lower elevation than surrounding properties. -The project does not unreasonably interfere with the privacy of the surrounding residences because of the topography of the area, the mature vegetation and the distance across the creek to the future residences. The natural landscape is being preserved since the building site is level. and. the pad of the residence will be located on the existing grade. No ordinance size trines will be removed.. With the condition to reduce the size of the residence-, the project will minimize the perception of excessive bulk in relation to the immediate neighborhood because the site is at a'lower elevation than the street and the mature trees which screen the property. The residence .complies with the.aiiowa.bl.e floor area standard. -The project is compatible in terms of bulk and height with 'recently constructed homes within 500 Ft. of the site and in the same zoning district. -The• project will not interfere. with the light, air, and solar access of ,adjacent properties because of the distance to the other residences. 5. Grading and erosion control standards Minimal grading is required for the residence since the building 'site is fairly level and. the pad will be located on the existing. grade. AGENDA BILL NO. 072 DATE: 7 -9 =86 (7-16-86) DEPT.: Engineering CITY MGR. APPROVAL SUBJECT: FINAL MAP APPROVAL FOR TRACT 7763 DIVIDEND DEVELOPMENT CORPORATION, PROSPECT RD. Surmary: 1. Tract 7763 is ready for Final Map Approval. 2. All bonds, fees and agreements have been submitted to the City. 3. Requirements for City and other agencies have been met. Fiscal Impacts: None Council Action Approved. Exhibits /Attachments: CITY OF SARATOGA 1. Resolution No. 1567 -02 2. Report to Planning Commission 3. Location Map' AGENDA ITEM Recommended Action: Adopt Resolution No.. 1567-02 attached, approving Final Map. for Tract 7763. Authorize execution of Contract for Improve- ment Agreement. RESOLUTION NO. 1567 -02 RESOLUTION APPROVING FINAL MAP OF TRACT 7763 WHEREAS, a final subdivision map of TRACT 7763 having heretofore been filed with this City Council for approval, and it appearing that all streets, public ways and easements shown thereon have not been satisfactorily improved nor completed, and it further appearing that otherwise said map conforms with the require- ments of Division 2 of Title 7 of the Government Code of the State of California, and with all local ordinances applicable at the time of approval of the tentative map and all rulings made thereunder, save and except as follows: NOW THEREFORE BE IT RESOLVED: (1) The aforesaid final map is hereby conditionally approved. Said approval shall automatically be and become unconditional and final upon compliance by subdivider with such requirements, if any, as set forth immediately above as not yet having been complied with, and upon compliance with Section (3) hereof. (2) All street dedications, and all other dedications offered on said final map (except such easements as are declared to be accepted by the terms of the City Clerks certificate on said map), are hereby rejected pursuant and subject to Section #66477.1 of the Government Code of the State of California. (3) As a condition precedent to and in consideration of the future accept- ance of any streets and easements not by this resolution now accepted, and as a condition precedent to the City Clerk certifying the approval and releasing said map for recordation, the owner and subdivider shall enter into a written agreement with the City of Saratoga, secured by good and sufficient surety bond or bonds, money or negotiable bonds, in amount of the -1- estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of Ordinance No. NS-60 as amended and with the improvement plans and specifications presently on file, and to maintain the same for one year after completion. The form and additional terms of said written agreement and surety bond shall be as heretofore adopted by the City Council and as approved by the City Attorney. The mayor of the City of Saratoga is hereby authorized to exe- cute the aforesaid improvement agreement on behalf of said city. (4) Upon compliance by subdivider and /or owner with any remaining require- ments as set forth in the preamble of this resolution (if any) and with the provisions of Section (3) hereof, the City Clerk is authorized and directed to execute the City Clerk's certificate as shown on said map and to transmit said map as certified to the Clerk of the Santa Clara County Board of Supervisors. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 4 Q Mr= off 0 oC REPORT TO PLAN `STN COMMISSION APPROVED 3Y: CPC C f *Revised 4/17/85 DA E: *Revised: 3/13/85 INL i ALS: DATE: 1/17/85 Commission Meeting: 1 /23/85 APPLICATION NO. LOCATION: SD 1567, South of Prospect Road and the S.P.R.R. tracks APN: 366 -5 -5 APPLICANT: Fremont Union High School District ACTION REQUESTED: Tentative Map Approval for a 55 lot subdivision. OTHER APPROVALS RECEIVED /REQUIRED: Final Map Approval, Design Review Approva and Building Permits. ENVIRONMENTAL ASSESSMENT: An EIR for this project has been prepared and must be certified as complete prior to project approval. ZONING: NHR (using R 1- 20,000 standards per the stipulated settlement) GENERAL PLAN DESIGNATION: Residential Hillside Conservation Single Family EXISTING LAND USE: Vacant SURROUNDING LAND USES: Single Family Residential PARCEL SIZE: 47.5 Acres NATURAL FEATURES VEGETATION: Riparian grassland vegetation. Prospect Creek runs along the northeastern edge of the site. AVERAGE SITE SLOPE: 9% GRADING REQUIRED: Total soil movement is estimated at about 85,000 cubic yards. LOT SITES: Range from .46 acres to 1.3 acres LOT SLOPES: Range from under 9% to 19% (Note All lots with slopes of 10% or more must be a minimum of 40,000 sq. ft. (0.92 acre) in size. This can be varied via the exceptions provisions of the Subdivision Ordinance). Report to the Planninr ommission SD -1567, Fremont Unict` nigh School District ce 1/17/85 Page 2 PROJECT HISTORY: -After preliminary geologic work in 1979 Fremont Union High School District (F.U.H.S.D.) formally applied for Tentative Map Approval for a 73 lot subdivision on the subject property in March, 1980. At that time the existing zoning of the property was R -1- 15,000 for the western two thirds and R -1- 12,500 for the eastern third. However, in June 1976 the City Council had introduced an ordinance which would have amended the zoning of the site to R -1- 20,000 PC pending submission of plans. The project was thus designed with R 1 20,000 PC standards i.n mind. The initial steps for preparation of an EIR including an early public consultation meeting were being taken in April, 1980. On April 8, 1980 Measure A was adopted by the City of Saratoga which created a moratorium on development prejects in the City's northwestern hillsides, including the subject site, until a Specific Plan was adopted. In June 1980 F.U.H.S.D. sued to remove the subject property from the effect of Measure A and to allow the Tentative Map application to proceed. In 1981 the City and F.U.H.S.D. entered into a "Stipulation for Settlement which created a compromise to end the suit. This settlement allowed F.U.H.S.D. to develop no more than 55 single family dwelling units on the subject property consistent with the City's R -1- 20,000 or P -C standards. The City was also given the option to require the dedication of 2.3 acres of the site for a park with the City selecting the park location. PROJECT ISSUES OPEN_SPACE:.- -The subdivision map submitted by the applicant (Exhibit "B does not show a park site or any other public open space. The existing general plan shows the southern 8 acres of the site designated as Open Space- Outdoor Recreation. The adopted Specific Plan indicates that the Parks and Recreation Commission should review the park site on the subject property. In May 1984 the Parks and Recreation Commission recommended that the City require a 2.3 acre park, as permitted under the settlement, on this site. The Commission did not specify a location for this park. Staff informed the applicant of these issues and he prepared two subdivision design options which inglude parks a minimum of 2.3 acres in size located beneath the P.G. E. powerlines which traverse the site. This location is not consistent with the park location shown in the General Plan. However, the City may not wish a park of that size in that location since such a park could impact existing residences to the east and would be expensive for the City to maintain. The City would have to purchase 5.7 acres from F.U.H.S.D. to create the park in that location and the applicant would still be allowed a minimum of 55 units. This would required smaller lot sizes thus giving the appearance of higher density Considering these factors, the park proposed by the applicant may be a better open space solution for this project since it also could act as a connector between the Parker Ranch trail system and pedestrian accessways to the east. However, the auestion of whether or not there should be a park on the site must be resolved by the City Council. Report to the Plannin( omission SD': -1567, Fremont Union High School District 1/17/85 Page 3 DEVELOPMENT STANDARDS: The stipulated settlement allows the project to be designed using PC (Planned Community) or R -1- 20,000 zoning standards. The project must also conform to Subdivision Ordinance Standards. The subdivision maps submitted by the applicant comply with R -1- 20,000 zoning standards with those over 10% in slope being at least 40,000 sq. ft. in size. If a cluster development were to be used, which is one of the alternatives examined in the EIR, PC standards would have to be utilitzed to allow design flexibility. PC standards would allow a large portion of the site to be preserved in open space which could then be maintained by the home- owners association. However, new standards for setbacks, coverage, lot dimensions, and other development criteria would have to be created and established for the project. R -1- 20,000 standards are already established and well understood as part of the Zoning Ordinance. This familiarity makes these standards easier to understand and apply for both staff and any future developers. The R -1- 20,000 development pattern would also be consistent with existing single family development in the area. Therefore, staff recommends that R -1- 20,000 standards be used in developing the site. CIRCULATION /TRAFFIC: The circulation system shown on Exhibit B has ,two main entry and exit points to the subdivision: Prospect Road and Burnett Drive. Both of these points are located at or near the northern end of the subdivision. The Prospect Road and Street "A" intersection would be the major entrance to the subdivison. The southern end of the subdivision proposes an emergency/ secondary access between Kreisler Court and Court "D" of the subdivision. The plan also shows a potential future road connecting Farr Ranch Road with Street "B" to provide a southern access to the site. This street would not be built until the Moore property to the south of the site is developed. The northwestern Hillside Specific Plan shows a Hillmoor Drive extension providing an emergency /secondary access road to the southern end of the of the site. The proposed subdivision does not follow this plan but it does not prevent the plan from being followed. Considering the location of Kreisler Court relative to Hillmoore Drive, and the nature of emergency/ secondary access roads, the proposed sudivision could be considered generally in compliance with the intent of the Specific Plan. Internal circulation can be designed as a closed loop as shown in Exhibit "B" or by one major road with a series of cul -de -sacs running uphill from this road. Both of these systems would provide adequate internal circulatior but there may be slightly different visual impacts. The EIR has noted several potentially hazardous internal circulation problems and recommends mitigations which will be conditions of approval for this project. Report to the Plannin SD -1567, Fremont Uni ^ommission High School District 1/17/85 Page 4 The EIR for the project indicates that traffic impacts from the project alone are minor. However, these impacts in conjunction with the existing traffic situation and the cumulative impacts associated with future development would significantly impact the Prospect Road and South Stelling Road intersection particularly during the P.M. peak hour. The existing level of service (L.O.S.) would be reduced from C (stable flow or operation) to D/E (borderline unstable flow or operation). The L.O.S. at Prospect Road and Saratoga Sunnyvale Road, which is already very poor, would not be significantly impacted by this project or other future projects. The EIR has identified several mitigation measures to reduce these impacts such as improving the southern side of Prospect Road to provide better access to the through and turning lane at its intersection with Saratoga Sunnyvale Road and signalization improvements at this intersection. The developer of the project may be assessed a proportional to full share of the cost of the improvements. It should be noted that coordination and cooperation between the cities of Saratoga, Cupertino, San Jose and the State of California (CAL Trans) would be necessary to effect these improvements. Saratoga would also have to work with the City of Cupertino to determine how to improve the Prospect Road and Stelling Road intersection. The developer would also be required to pay a pro rata share for those improvements. NOTE: Access to lots 17 18 can be provided by Farr Ranch Road which could reduce the amount of grading required. GRADING /DRAINAGE: The applicants's engineer has prepared a slope study (Exhibit "C showing three grading alternatives for the project. The first proposal would create a large, contoured 3:1 uphill fill slope. Smaller amounts of cut and fill would be required downslope. The second proposal is an 8' down split which requires a smaller 3:1 uphill fill slope by using a stepped two -story foundation. Somewhat more cut would be required downslope. The third proposal would leave more of the natural 6:1 slope intact with minimal cut and fill. Proposal l could allow the construction of some dwellings with less of the building exposed to view. The applicant's engineer indicates that the fill necessary to accomplish this would be contoured to match the existing terrain Staff would favor the natural slope proposal to minimize grading but this could create buildings with a greater visual impact. However, some of these impacts can be reduced by creating design standards regarding structure bulk and height. The projects' drainage system will tie into Prospect Creek and the City's existing storm drainage system. The EIR indicates that further study may be necessary to determine the flooding potential of cumulative development in the area. The Santa Clara Valley Water District has requested in its letter dated December 11, 1984 that such a study be done by the developer. Some further improvements to the Prospect Creek drainage channel might also be required. Adequate drainage for the project should be provided to ensure no adverse impacts on adjacent properties. Report to the Plannin SD -1567, Fremont Uni FINDINGS 'ommission .-sigh School Dist. 1/17/85 Page 5 The Commission expressed concern about cumulative drainage impacts on Prospect Creek at its study session on December 18, 1984. The applicant has submitted a letter dated January 3,. 1985 outlining the hydrologic studies done and their results. There appears to be no significant hydrologic impact from the project either by itself or with Seven Springs Ranch. DESIGN IMPACTS: At its study session of December 18, 1984 the Commission discussed con- cerns about structure sizes and structure heights. The applicant's engineer indicated that building pads nearest the eastern edge of the property would be kept as low as possible to minimize impacts on adjacent property owners.. Staff would recommend that structures on lots 36 -48 be limited to single story structure no _greater than 18' in height to further protect the privacy of adjacent properties which can be as much as 3' 4' lower than the site. Some commissioners were concerned about large house sizes dominating the lots. After some discussion the Commission suggested to the applicant that house sizes be no greater than 4000 -4800 sq. ft. range and the smaller houses be located along the eastern perimeter of the site adjacent to existing residential development. The Commission should also consider if structure heights should be limited on the higher elevations of the site since they could interfere with the views of some property owners. GEOLOGY: The City Geologist has indicated that the geologic element of the EIR-is adequate subject to standard soil and geotechnical review conditions.- Staff had indicated that the site might contain the Shannon or Monte Vista Fault but no evidence of this fault was found in a previous study which utilized trenching. Therefore, it is not considered a factor in the design of the project. VEGETATION: The major vegetative features of the site are the strips of riparian vegetation along Prospect Creek and a drainage swale which bisects the site. The vegetation in Prospect Creek will be protected by S.C.V.W.D. easements and an open space buffer zone suggested as a mitigation in the EIR. Much of the scrub and other vegetation in the drainage swale will be removed. However, staff has noted 3 large oak trees in this swale area which should be preserved. This is also a mitigation measure in the EIR. It should be noted that since the drainage improvements in Parker Ranch have been installed, this swale has carried considerably less drainage water. Prior to approval of this project the Planning Commission must make one of the three findings below to comply with CEQA: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Report to the Plannin SD -1567, Fremont Uni `ommission 1/17/85 High School District Page 6 2. Such changes or alterations are within the responsibility and jurisdictio of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Staff recommends that Findings 1 and 2 be made. Finding 1 can be made due to the mitigation measures that, will be required as conditions of approval listed on pages 2 -2 to 2 -12 of the FEIR. These mitigation measures address all identified environmental effects associated with the project which are also listed on_pages 2 -2 to 2 -12 of the FEIR. Finding 2 should also be made since the Prospect Road and Stelling Road intersection will be impacted by the project. However, the bulk of this intersection is within the jurisdiction of the City of Cupertino. Four different public agencies have jurisdiction over the Prospect Road and Saratoga- Sunnyvale Road intersection. These intersections can only be improved if the changes required are adopted by these agencies. Report to the PlanninC ommission SD -1567, Fremont Unio High School Dist. 1/17/85 page 7 PROJECT STATUS: Said project is in accordance with the "Stipulation for Settlement" entered into by the City of Saratoga and the Fremont Union High School District. The project is designed in conformance with the standards of the zoning and subdivision ordinances of the City pertinent to an R -1- 20,000 single family development. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. The Staff Report recommends approval of the tentative map for SD -1567 (Exhibit B- 6 filed January 18, 1985) subject to the following conditions: I. GENERAL CONDITIONS Comply with standard engineering conditions dated April 11, 1977. II. SPECIFIC CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Tract Map" to City for checking and recordation. (Pay required checking recordation fees). C. Include "Offer of Dedication" to provide for a 30 ft. Half- Street on Prospect Road. D. Include "Offer of Dedication" to provide easements, as required. E. Improve Prospect Road to City Standards, including the following: 1. Designed Structural Section 20 ft. between centerline and flowline. 2. P.C. Concrete curb and gutter (V -24). 3. Pedestrian Walkway (5 ft. A.C.) 4. Undergrounding Existing Overhead Utilities. (Excluding Tower Line) F. Include "Offer of Dedication" to provide for a 25 ft. Half Street on all interior streets. G. Improve all interior street to City Standards, including the following: 1. Designed Structural Section 16.5 ft. between centerline and flowline. 2. P.C. Concrete curb and gutter (V -24). *H. Rac st-r- ian-.Wa-lk 4b--ft -.C- batwean- 1.ats -4A- .and Report to the Planning ommission SD 1567, Fremont Unior igh School District I. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, including the following: 1. Storm sewer trunks with necessary manholes. 2. Storm sewer laterals with necessary manholes. 3. Storm drain inlets, outlets, channels, etc. J. Construct Standard Driveway Approaches. K. Provide adequate Sight distance and remove obstructions of view as required at driveway and access road intersections. L. Watercourses must be kept free of obstacles which will change, retard or prevent flow. M. No direct access allowed on Prospect Road from lots. N. Protective planting required on roadside cuts and fills. O. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction. 1/17/85 page 8 P. Pay Plan Check and Inspection Fees as determined from Improvement Plans. Q. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. R. Post bond to guarantee completion of the required improvements. S. Obtain approval from City of Cupertino to complete improvements easterly to Stelling Road. T. Pay Traffic Impact Fee_per lot_in affect at the time of obtaining building permits. Report to the Plannin .ommission SDR -1567, Fremont Uni School Dist 1/17/85 page 9 III. SPECIFIC CONDITIONS DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional; 1. Geology 2. Soils for total site as well as each lot prior to Building Permit issuance. 3 Foundation study for each lot based on information gained in soils studies. B. Plans to be reviewed by geotechnical consultant prior to building permit being issued. C. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross sections, existing and proposed elevations, earthwork quantities). 2. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher- 4. Erosion control measures 5. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. D. Bonds required for: Grading /Erosion Control E. Other requirements: P. G. E. facilities shall be protected from access. IV. SPECIFIC CONDITIONS CUPERTINO SANITARY DISTRICT A. Sanitary sewer service can be provided for the subject development. B. Sanitary sewers to be provided and fees paid in accordance with requirements of Cupertino Sanitary District. SPECIFIC CONDITIONS CENTRAL FIRE DISTRICT A. The existing water systems shall be extended to the site; contact San Jose Water Company. B. The developer shall install ten (10) hydrants to meet Central Fire Protection District's specifications. C. All fire hydrants shall be installed and accepted prior to issuance of any building permits. Contact should be made with the water company as soon as possible to eliminate engineering delays. D. Emergency access gate shall be equipped with a fire department "MEDECO" locking device. E. Strtr-er t-o- thy-- epFrovzri- erne- d-i scT•et- rv rr- trf -t trey- t 7 Czttin i I" Fie ele-v-e4 4 -1-1 e}f --e- area- oprre -rt- fee--of 6- t 5-- p-er- Ttrt t5 Ge, rrt fe4--- F-ire-- Eh -541-i-c-t- at t•tm ti n Tflap ftMITTNZr fo PaY this- pr 4.,}.a-C S- aor_ti.onal. ace_ .a.f_ the_ .c .o st..n.f -tiui -1 ag`-a- fl ees. f- i r t c,s fi'rrrtr- Fr- Report to the Planni SDR -1567, Fremont Un Commission High School District VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT 1/17/85 page 10 VI. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. A Sanitary sewer connection will be required. B. Domestic water to be provided by San Jose Water Works. C. If any wells are present they must be sealed to health department standards and water district standards. A. Dedicate the right of way needed for Prospect Creek as shown on the map attached to the letter from the Santa Clara Valley Water District dated November 16, 1984. B. The site's drainage shall be incorporated into the existing storm drainage system. If a storm drain outfall into the creek is necessary, it should be designed to serve the general area to minimize the number of future outfalls needed and in accordance with SCVWD Sheets 8 -12. C. In accordance with District Ordinance 75 -6, the owner shall show any existing well(s) on the plans. The well(s) shall be properly registered with the District and either maintained or abandoned in accordance with District standards. Wells shall be sealed in accordance with District standards unless they are to be used for the proposed developement. In this case, they should only be used after proper testing and inspection. Please call Mr. Nicholas Lyn at 265 -2600, extension 382, for information regarding permits and the registering of or abandonment of any wells. Written confirmatior from the developer or his engineer regarding the existence of any wells and their proposed disposition is required. D. Because it can affect the operation and maintenance of the channel, grading adjacent to 'the right of way should be done in accordance with District Detail Sheets 20 -20B. The details of the grading should include the cross- sectional view at the right of way and be shown on the improvement plans. E. Improvement plans shall be sent to the Santa Clara Valley Water District prior to start of site construction. F. The developer shall initiate a study of the impact of increased runoff on downstream flooding. The development should not cause any additional areas to floor or increase flood elevations on any other property. It is the responsibility of the developer to provide this information, although the work shall be coordinanted with the District. VIII. SPECIFIC CONDITIONS PLANNING DIVISION A. Design Review Approval required on project prior to issuance of Building Permits. B. Prior to issuance of building permits individual structures shall be reviewed by Planning Division to evaluate the potential for solar accessibility. Applicant shall provide a solar shade study Report to the Plannin mmission SD -1567, Fremont Um_ _High School Dist. to assist staff in this review. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision /building site. C. Prior to Final Map,Approval, submit CC R's for City review and approval which state: 1. All main dwellings, individually or combined with accessory _structures, shall be no larger than 4800 sq. ft. consistent with R- 1- 20,000 standards with the exception of lots 36 -48 which shall use a 4,000 sq. ft.limit consistent with adjacent R- 1- 12,500 standards. 2. Height limits for each lot shall be as follows: Building Height Limitations: Lots No. 1 -4: 28' Lots No. 8 -9: 28' Lots No. 13 -14: 28' Lots No. 15 -16: 22 Lots No. 17 -18: 28' Lot No. 36: 22' Lot No. 37: 18' Lot No. 38: 22 Lot No 39• 18' Lot No. 40: 18' Lot No. 41: 22' Lot No. 42: 22' Lot No. 43: 22' Lot No. 44: 18' Lot No. 45: 18' Lot No. 46: 18' Lots No. 47 48: .22' Lots .No. .49 -54: 25' 1/17/85 page 11 All structures on Lots 15 16, and 36 through 48 shall be single -story structures. Residences shall be located on the lots in accordance with 'the approved site development plan. Fences on lots -3 (rear lot line only), 4, 8, 9, and 12 -34 shall utilise an open, heavy guage wire grid to preserve, a much as possible, the openness of the site. 6. These CC R'5 cannot be amended without prior City- approval in writing and are enforceable by the City. 7. All cut and fill slope landscaping shall be maintained through private maintenance agreement with the City. 8. These CC R's shall be recorded on the Final Map. 9. No structures are permitted in any open space easement. Fences for security may be permitted in the open space easement adjacent to Prospect Creek: Report to Planning Commissio►� SD -1567, Fremont Union High SLddol Dist. 1/17/85 Page 12 10. A fifty (50) ft. wide light and air easement shall be recorded along the western property line. No structure over 20 ft. in height shall be located within this easement and no tree, or other vegetation, shall be allowed to attain a height greater than 20 ft. within this easement. The developer shall comply with the mitigation measures listed in Exhibit "D These mitigation measures shall be recorded with the CC R's. Delete -t in al Prospect Creek shall be provided in ac this Santa Clara Distric su.ject to Design Condition Review Ap•ro y. F'en�ing_shall be installed prior ssuance of any Building Permits. F. All trees over 12" in diameter and all oaks over 10" in diameter shall be preserved. Special care shall be taken to preserve the oak trees contained in the drainage swale that bisects the property. Details on how these trees shall be preserved both during and after construction shall be submitted for review and approval by the City arborist prior to issuance of Final Map Approval. G. Tree removal prohibited unless in accord with applicable City Ordinances. H. Applicant shall provide a 15' -35' buffer along Prospect, Creek, measured from top of bank, as shown on Exhibit 6 through the -recordation of an open space easement prior to Final Map Approval. The wording of this easement shall be reviewed and approved by the City Attorney prior to recordation. (This easement cannot be amended without prior City approval in writing)-. At the option of the City Council, the developer may: 1. Dedicate a park at least 2.3 acres in size on the site to the City. or 2. Pay in lieu park fees. or 3. A Homeowner's Association can be formed to lease the park site from the City on a long term basis and improve the site to allow for recreational purposes subject to approval by the Planning Commission of any improvement plans. The fees and lease terms shall be approved by the City Council prior to Final Map Approval. Report to Planning Commiss( SD -1567, Fremont Union High bchool Dist. 1/17/85 Page 13 *a---- Th��.ppii an ha.J prazra.de_ destuia path�zay cnnnPrtions�_as_ app.r-aved--by -tea- Par- lcs -auna -R reat< an -Ca amiz-c-ion., -het ea.n Pa rkar_ �a .br- 2,3 -aer parl��- axid._ihe_.exi�t tng -,pi de_sf _p.athway -3d�aG t.- g�st�rx�aidesoaf_tt�_si.te. K. Design Review Approval for the following required prior to Final Map Approval: 1) Treatment of emergency access road and barrier. *2} Fret- man-t- -&f- periQa.tx,iarm-. athway_isLC_lucling_barri.ers to_harsS and vehi -l-es 3) Landscaping and irrigation plans for the unimproved areas of the right -of -way, street trees especially, and erosion control for all cut or fill slopes. 4) Design of any retaining walls over three feet in height. 5) Grading plans for the entire site. L. The applicant shall landscape all portions of the public right of -way that are to remain unimproved. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right -of -way improvements. *M app- 1- i -eant sha4- 1.- e -t-or- i- n-tQ- a.4,ands.eape_ Maintenance_Aareem_ent w -t -tom- C-it 4e the,sa- lasids c aped. a rAa s �zi_thin_tba public riy 1i L crf -ap r�rea -sh J-- era- rr�ta3 -t rer.� is seap�d- r-eas frrr mzrrimrmr of cme- year -trf er- -wieh- tke--home+aw.neE-S-- as,soe- iat.inn 5tra1 be re3Y��isi}Tre- err- raa�imta��rrng eke-- panels ped- �ea�. N. All individual lot owners shall be required to maintain all landscaped ares within the public right -of -way in front of and /or to the side of their lots. This provision shall be included in the CC R's for this project. O. All cut and fill slopes shall be of such material as to fully support landscaping. P. No single retaining wall to be more than 5 feet in exposed face height. Q All grading shall be contoured so as to form smooth transitions between natural and man made slopes. R. Developer shall comply with the conditions of P.G. E. regarding the use of their easement as outlined in P.G. E's letter dated November 13, 1984. S. Developer shall comply with the conditions of the City Geologist as outlined in his letter dated November 12, 1984. T. Unless conditioned elsewhere in this report, all development of the subject property shall be consistent with R -1- 20,000 standards found in the Zoning Ordinance and all applicable Subdivision ordinance standards. Report to Planning Commissio( SD -1567, Fremont Union High �C�,o1 Dist *AA. W. *Y APPROVED MF /bjc U. Upon recordation of the final subdivision map for this site, no lots or parcels shown on such map may thereafter be further subdivided so as to increase the total density of 55 units /47.5 acres permitted on this site. V. All the conditions of this Staff Report shall be recorded on the face of the final subdivision map for this project. NOTE: All pools, spas, accessory structures, recreation courts or main dwellings located outside approved building envelopes on lots with an average slope greater than 10% shall be require-: site modification approval by the Planning, Commission. The riparian vegetation at the rear of lots 12 -14 shall be preserved, as shown on Exhibit 6 -6, by the recordation of an open space easement. The wording of this easement shall be reviewed and approved by the City Attorney. X,. Grading shall be done in conformance with the plan and notes contained in Exhibit 6 -6. No retaining wall shall 'exceed 5 ft. in height. The following improvements shall be bonded for as required by the Director of Community Development (the form and amount of the bond shall be determined prior to Final Map Approval): Such traffic control measures for the Prospect Road /Stelling Road area deemed by the Director of Community Development to be appropriate, based upon his reasonable determination that the measures are required to mitigate traffic impacts from the project during a five year period beginning one year after all public improvements.have been accepted by the City. If,, in the judgement of the Director of Community Development,' a traffic study is necessary to ascertain the impacts from the project, the cost of the study shall be paid by the developer. Z. There shall be no pedestrian or equestrian easement between lots 44 and 45 connecting Street 'A' to the existing pedestrian walkway leading to Norada Court. Pedestrian access shall be provided for between Kriesler Court and Court "D Details of pedestrian access design shall be submitted for staff review and approval. P.C. Agenda 1/23/85 1/17/85 Page 14 Michael Flore Associate Planner Immommos eoutimatilmleoliw 1° .t Nall1101& milluip.....e.. Orem lus II WES: ir 4.... lir I d. WILS 11111116 MIMS 1.1 IR RATOc A 5ONNYVAL AGENDA BILL NO: DATE: July 7, 1986 City Mgr Approval DEPARTMENT: Maintenance SUBJECT: Hakone Gardens Donation Issue Summary Mr. Ron Coleman of San Jose has donated 14 Koi to Hakone Gardens. Fiscal Impact Exhibits /Attachments Letter from Ron Coleman. Recommended Action Accept and acknowledge this donation by way of a letter from the Mayor. Council Action Approved. DIC5 1 Agenda Item Ron Coleman 3063 Knightsbridge Rd San Jose Ca 95132 Roy Swanson Park Superintendent City of Saratoga 13777 Fruitvale Saratoga Ca 95070 Ron Coleman Sincerely yours June 27 86 Dear Mr. Swanson: This is to inform you that i have donated 14 Koi at the value of 520.00 to your Hakone garden. Mr Jack Tomlinson received them at the fish pond It gives me satisfaction to know that now many people can enjoi the beautiful fish. Mr. Gunter Helmholz took care of the delivery for me. AGENDA BILL NO: /0 DATE: July 15, 1986 DEPARTMENT: Maintenance SUBJECT: Hakone Gardens Donation Issue Summary Mr. Gunter Helmholz of Los Gatos donated 12 Nishikigoi (fancy Japanese carp) to Hakone Gardens. Fiscal Impact Exhibits /Attachments Letter from Mr. Gunter Helmholz. Recommended Action Accept and acknowledge this donation by way of a letter from the Mayor. Council Action Approved 1 Agenda Item City Mgr Approval helmholz 18509 main blvd los gatos ca 95030 u s a roy swanson park superintendent city of saratoga 13777 fruitvale ave. dear mr swanson this is to inform you that i donated 12 nishikigoi fancy japanese carp) to the value of 420.00 to hakone garden i enjoy the serenity and beauty of this japanese garden very much and it gives me the greatest pleasure to be able to contribute at least something to it mr. jack tomlinson was present at the time and i discussed with him the feeding and maintenance of koi i am on the board of the hayward koi club and the secretary of the santa clara koi club and a breeder for the last 12 years with that experience to my credit I would like to point out to you that by far the cheapest and at the same time most healthy food for fancy carp is waynes cat fish food 18.00 for 50 pounds or purina cat fish food for about the same amount we used trout food before but purina changed the formula and it is no longer suitable for koi if you should have any questions regarding koi or pond maintenance feel free to call me my phone is 408 353 2708 gunter helmholz best regards 5 -16 -86 CITY OF SARATOGA AGENDA BILL NO. 0 AGENDA ITEM DATE: July 11, is DEPT.: Community SPrvi rtes SUBJECT:Change in Delinquent Garbage Bill Collection__Procedures Summary: Currently, delinquent refuse collection bills involve the City filing a property lien against the service address to achieve collection of the bill. There has been a problem in de- termiirig the identity of the property owners of the service addresses who must be formally notified of the lien before it can be filed. In addition, the lien process has been very time consuming for both Green Valley and the City. The deposit system proposed by Green Valley would be charged only to customer who allowed a refuse collection bill to become delinquent and would be refunded to the customer if no further problems were experienced within a one -year period. Fiscal Impacts: None. Exhibits /Attachments: Recommended Action: Direct staff to amend the appropriate contracts and ordinances toward the objective of implementing the deposit system proposed by Green Valley. Council Action Approved. 1. Report from Community Services Director. PURPOSE ANALYSIS moo, REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Delinquent Garbage Accounts 75 Lr)'' DATE: July 11, 1986 COUNCIL MEETING: July 16, 1986 Green Valley has proposed a change in how delinquent garbage bills are handled. The same proposal is being presented to the other contract cities of Los Gatos, Monte Sereno, and Campbell. The proposal is to require a refundable deposit for delinquent garbage accounts. Green Valley is also proposing new charges for commercial accounts to generate more revenue. In mid -1984, the City Council adopted a delinquent garbage ac- count collection procedure involving the filing of property liens for the non payment of a refuse collection bill. A mandatory service ordinance required Green Valley to continue providing refuse collection services even though the bill remained unpaid. The objectives of the procedure were to produce more revenue by adding more accounts through enforcement of the mandatory service provisions of the._,City's Ordinance, to deter people from allowing their bill to remain delinquent because of the threat of the City filing a property lien, and to generate revenue through the actual filing of property liens which would be satisfied either when the property was sold or when the County sent out a property tax bill which would include the lien as a special assessment. The procdure` has not been as effective as had originally been anticipated. One reason is due to the difficulty in identifying current property owners. Frequently, residents subscribing to the garbage service are renters, and the property owners, who some- time live in another country, are the ones who must be notified before a property lien can be filed. Researching the County assessors records has proved to be very time consuming, and the records are sometimes six months out of date and filled with errors. Contracting with a title company for the same information improved accuracy, but title companies were not timely in providing the information to the City. In addition, the lien procedure has RECOMMENDATION Page two generated a lot of complaints and requests for account informa- tion which has consumed large amounts of staff time. The deposit system proposed by Green Valley would only be re- quired of customers who had allowed a refuse collection bill to become delinquent. The amount of the deposit would equal one quarterly bill, and would be required from both residential and commercial accounts. If, after a year, there were no further problems with the account, the deposit would be refunded to the customer. The deposit system would probably be more cost effective than the existing lien procedure for the following reasons: 1. Green Valley could stop service and cut costs if a refuse collection bill became delinquent. 2. If a refuse collection bill became delinquent :a second time during the year, the bill would be automatically paid in full due to the forfeiture of the deposit. An additional element of Green Valley's proposal involves the establishment of new rates for commercial bins. The existing rates would be charged if the Green Valley truck could drive within ten feet of the dumpster to be emptied. Additional charges would be made for distances in excess of ten feet as indicated in the attached schedule. It is anticipated the rates will generate $2,760 in new revenue annually in Saratoga. Direct staff to amend the appropriate ordinances and contracts toward the objective of implementing Green Valley's proposals described in this report. PREPARED BY: Todd W. Argow Carmunity Services Director TWA: pbv N, 4c,, GREEN VALLEY DISPOSAL COMPANY PROPOSAL FOR P.O. BOX 1227 LOS GATOS. CA 95030 PHONE 354 2100 CAMPBELL, LOS GATOS, MONTE SERENO, SARATOGA RE: DELINQUENT ACCOUNTS 1) PAYMENT DUE DATES: Payment is due payable during the service cycle. If payment is not received within the service cycle time period, the account will be considered to be delinquent. The customer will receive a notice to pay balance within 15 days or the service will be stopped. If payment is not received, customer will be notified that his service has been stopped. 2) STOPPED SERVICE AND DEPOSIT If service is stopped due to non payment, there will be a $5.00 reinstatement fee. In addition a deposit equal to the cost of the billing cycle will be required for residential commercial customers on all accounts stopped for non payment. 3) NEW ACCOUNTS All new residential commercial accounts will be required to make a deposit equal to the cost of their billing cycle. Pdefro4 peel) 9 001 ,r- .y, Avia 9 po `df ei 10' to 25' 26' to 50' 51' to 75' 76' to 100' 101' to 125' 126' to 150' 151' to 175' 176' to 200' 201' to 225' 226' to 250' GREEN VALLEY DISPOSAL COMPANY GREEN VALLEY DISPOSAL CO. (COMMERCIAL BINS) ROLL OUT AND PUSH BACK CHARGE AMOUNTS BELOW ARE EACH WAY 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 45.00 50.00 TIME SERVICED PER WEEK lx 2x 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 PO BOX 1227 LOS G. TOS. CA 95030 PHONE 354 -2100 PROPOSED 3x 4x 15.00 20.00 30.00 40.00 45.00 60.00 60.00 80.00 75.00 100.00 90.00 120.00 105.00 140.00 120.00 160.00 135.00 180.00 150.00 200.00 5x 6x 25.00 50.00 75.00 100.00 125.00 150.00 175.00 200.00 225.00 250.00 4L6 Pig c..) 30.00 60.00 90.00 120.00 150.00 180.00 210.00 240.00 270.00 300.00 d 2160 i r. RD Z I, /C (s....�® 06. g 4•4• AGENDA BILL NO. 1 e 1 DATE: 7/16/86 DEPT.: Planning CITY MGR. APPROVAL Summary: Applicant wishes to develop retail shops and offices on 1.43 acres located in the City of San Jose (commercial zoning) and parking for 40 cars to serve the center on .41 acres adjacent to the site but located in Saratoga, zoned residential (see enclosed "Saratoga Station" site plan) Fiscal Impacts: Detachment from Saratoga loss of property tax, potential sales tax, business license tax, utility taxes, all revenues. Development of parking lot incremental property tax of $1 /$1000 of assessed valuation from pmprovements. A potential of a portion of sales tax (coniputed at 1% of gross sales) if negotiated with San Jose. Exhibits /Attachments: I. Staff report to Council w /Exhibit A 2. Ltr fm Cypress Properties dtd 6/20/86 3. Ltr to Kathy Kerdus dtd 3/5/85 4. Map of property 5. "Saratoga Station" site plan Council Action CITY OF SARATOGA AGENDA ITEM (9c SUBJECT: Cypress Properties; request for deannexation or rezoning property at northwest corner of Saratoga Avenue/Lawrence Expressway Applicant cannot get detached from San Jose to allow Saratoga to annex the 1.43 acres so as to develop in Saratoga and in latter 1985, the Saratoga City Council expressed its unwillingness to allow detachment from Saratoga and allow development of the property in San Jose. Applicant now requests that the Council formally consider allowing detachment from Saratoga and reorganization into San Jose or amend the City Code to allow development of a parking lot in the residential zoning district. Recommended Action: Deny the request to detach from the City of Saratoga. Direct staff to prepare an appropriate amendment to the City code to allow a commercial parking lot in residential zones with a Conditional use permit. Staff to accept zoning request from applicant; sharing of tax revenues between cities to be negotiated. REPORT TO MAYO c :Y Y CODA V C L UELVW o4 0 °'R' AN SUBJECT: Request of Cypress Properties re: Use of vacant property Northwest corner of Saratoga Avenue and Lawrence Expressway ISSUE Mr. John Gatto, representing Cypress Properties, is requesting that the subject property be detached from Saratoga and annexed into San Jose or the City Code amended to allow the property to be used for parking for a proposed commercial development. STAFF RECOMMENDATION Amend the Zoning Ordinance to allow a commercial parking lot as a conditional use in the residential zoning district, providing it is vacant land adjacent to commercially zoned property to be used for common development and is somehow constrained from developing as residential property. (Wording to be restrictive to limit conditions under which a parking lot could be developed in the residential zone). JUSTIFICATION After studying the four options shown on attached Exhibit A, staff eliminated #1, 3 and 4 essentially because the City would not benefit financially or would lose control over design and future maintenance of the site. Option #2 is of most benefit to Saratoga for the following reasons: 1. Design of the project can be somewhat controlled through the conditional use permit process. If the City objects to the project, the use permit does not have to be granted. (40% of the parking shown on the plan would be lost if the CUP was denied and the project would have to be modified). 2. Maintenance of the project can be insured. The CUP can be revoked if the conditions of approval are violated. 1 c ATE: 7/10/86 UNCIL MEETNO: 7/16/86 Report to Mayor and City Council Cypress Properties 3. Revenues can be generated for Saratoga, San Jose, and the developer. Through negotations, Saratoga and San Jose could split sales taxes generated from the project. Y r huek Hsia P °anning Director YH/ kc /dc 2 7/10/86 Page 2 Cypress Properties OPTION #1. Deny request to amend the Code. parking lot could not be built. #2. Amend Zoning Ordi- nance to allow parking lot as conditional use in residential zone #3. Amend General Plan and rezone property to commercial des- ignation. #4. Approve reorgani- zation of property to detach from Saratoga and annex to the City of San Jose PROCEDURE None 1) P.H. be- fore P.C. C.C. to amend the Code. 2) Use per- mit required from P.C. prior to construction P.H. before P.C. and C.C. EXHIBIT A PROS Open space buffer would be retained for 3 existing resi- dences at the west of the property Site would be maintained. Incre- mental property tax $1 /$1000 assessed valuation for land improve- ments (minor). City can enter into an agreement with San Jose to share the sales taxes. Allows developer more flexibility with use. Would allow retail use and generation of sales, utility, business license and property taxes. Adopt Resolu- Property would develop tion approving under one governmental reorganization agency, City of San Jose CONS Vacant residential property would be land locked or take access through commercial develop- ment. No incremen- tal taxes to City. Could become un- sightly if remain- der of property de- velopes as commer- cial Would permit any residential proper- ty to construct a parking lot with conditional use permit. No sales, utility, business license taxes un- less negotiated with San Jose. Would allow retail building to be con- structed close to existing homes. Possible loss of buffer between uses, impacting the resi- dents. Saratoga would have no control over proposed design improve ments. Loss of tax benefit to Saratoga. No con trol of mainte- nance and use of property in the future 3000 Sand Hill Road, Building 1, Suite 150, Menlo Park, California 94025 (415) 854 -0333 John L. deBenedetti Timothy G. Sheehan John M. Gatto June 20, 1986 CYPRESS PROPERTIES INCORPORATED Honorable Mayor City Councilmembers City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 RE: Property NWC Saratoga Ave. Lawrence Expressway Dear Mayor and Councilpersons: We have now acquired and own in fee the entire property outlined in the attached exhibit. You will remember that we had several discussions with council during 1985 regarding this property. The crux of the problem is that Parcel 39 is located within the City of Saratoga, and the remainder lies within the City of San Jose. Also Parcel 39 is completely landlocked and is logically, as well as physically, a portion of the larger area located in San Jose. The area within the City of San Jose is zoned C -1, and the area in Saratoga is residential. In our initial discussions with the Saratoga City Council, the issues of land use and processing procedures were discussed. Maintaining commercial zoning at that corner seemed to be acceptable, and procedurally there seemed to be two ways to go. One was to seek to de -annex the front property from San Jose and annex it to Saratoga. The other possibility could allow the area in Saratoga to be used for parking only, with Saratoga having full design review capability. This possibility was not immediately available under the then existing ordinances. The Saratoga City Council indicated a desire to pursue the annexation course, and with our cooperation petitioned San Jose to allow the de- annexation /annexation to occur. In September of 1985 the San Jose City Council unanimously voted against any such land re- organization. Honorable Mayor City Councilmembers June 20, 1986 Page Two Paranthetically, the Saratoga City Council had also voiced very strongly, although not officially, that re- organization of Parcel 39 into San Jose would not be acceptable. This appears to leave only the option of utilizing Parcel 39 for parking purposes, in conjunction with the overall development. During the discussions last year we had worked with staff to try and find a procedure which would allow Parcel 39 to be used for parking, and at the same time provide the City of Saratoga with opportunity for project approval. The result was a suggested change to the R -1 portion of the Code (suggested change attached). After San Jose denied the re- organization request, we decided in conjunction with staff to delay further pursuit of the matter until we actually owned the parcels and /or had a specific project. We are now ready to proceed with both of the above in place. Also enclosed for your information, is a preliminary site plan for the proposed project. With that lengthy background, let me deal with the purpose of this letter. We hereby request that the Saratoga City Council formally agendize this matter, and allow us to proceed in either one of two manners. 1. Allow Parcel 39 to be reorganized into San Jose without protest. or 2. Instruct staff to pursue the necessary procedural steps to allow Parcel 39 to be used for parking. I thank you for your continued attention to this unique matter, and will most happily answer any questions and participate in your formal discussion. --R ADDY KA l'i' 4,.. Of CR. P:. 7 4/3 SAR ATOGA Tr, 2 IsEarki POZ 170 AC 0%1 41/ 2 DRIVE TRACT r. s t,63I BROOKSIDE COURT ROS 2i2-141 z AVENUE 11. 3 9 9 55 52 9 55 2 e 54 i0 e w 4:1 (P) w tiJ X RADGYKA LY DR. 15 AC 43 A lm SARATOGA 44 DRIVE zr 1 V a 2 T c) TRACT ,o31 BROOKSIDE 2C'JRT ZP l M 1 ROS 212 -W R te_ AVENUE 7 St 9 i 55 54 CYPRESS PROPERTIES INCORPORATED 3000 Sand Hill Road. Building 1. Suite 150. Menlo Park. California 94025 (415) 854 -0333 John L. deEenedetti Timothy G. Sheehan March 5, 1985 Ms. Kathy Kerdus Planning Department City of Saratoga 13777'Fruitvale Avenue Saratoga, CA 95070 Re: Saratoga Avenue and Lawrence Expressway Dear Kathy: After a review of the zoning ordinance, there appears to be a simple means to address our concerns and provide the City of Saratoga full ability to review and control the manner in which the property in question can be utilized. That I would suggest is to modify "Sec. 3.3 Conditional Uses" of the R -1 portion of the code in a manner similar to the below wording. This amendment would then allow of the requirements and controls of the use permit process outlined in "Article 16. Conditional Uses" to take effect. Suggested wording: Parking for uses located in a differently zoned or designated area under the following conditions: 1. The otherwise designated property is immediately adjacent and abutting the R -1 zone. 2. There is no means of access to the area considered for parking from the R -1 zone designation. 3. The area considered for parking is a defined parcel whose ownership is distin:tly different from that of any abutting R -1 designated property. Please review this suggested approach and provide a response. If the basic idea is workable, we will be most happy to participate in developing the exact language in any manner deemed appropriate. GREEN VALLEY DISPOSAL CO., INC. COMMERCIAL BINS MISCELLANEOUS CHARGES 1) DELIVER BIN 25.00 r (SIZE EXCHANGE N /C) 2) RETURN BIN (REMOVED FOR NON- PAYMENT) 25.00 3) RETURN TRIP DUE TO CUSTOMER ERROR 15.00 4) REINSTATEMENT CHARGE 5.00 5) STEAM CLEANING BIN 35.00 4 (1 CLEANING PER 6 M0. AT N /C) 6) SPECIAL REQUEST PAINT, CASTOPS, ETC.) 25.00 0 (STANDARD BIN NO CASTOPS METAL LID) 7) PLASTIC LIDS ADDITIONAL CHARGE 8) LOCKING BIN WITH 2 KEYS (ADDITIONAL CHARGE) 9) EXTRA PICKUP ON SATURDAY 10.00 PER MONTH g 10.00 PEP MONTH T 10% EXTRA 1d A v,s3411 44 kWVA a