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HomeMy WebLinkAbout09-18-1985 City Council packetg- J� /yid' AGENDA BILL NO. DATE: 9 -9 -85 (9/1R /R5) FISCAL IMPACTS None EXHIBITS /ATTACHMENTS COUNCIL ACTION 1. Resolution No. SDR- 1605 -1 Resolution No. A- 1102 -1 Staff Report dated 872785 Appeal Letter Initial Dept. Hd. C. Atty. DEPARTMENT: Community Development C. Mgr. dJA SUBJECT: SDR -1605, A -1102 George Hwang, 19288 Bainter Ave., Appeal by Suzanne Shankle of Negative Declaration, Building Site Design Review Approvals by Planning Commission ISSUE SUMMARY At the Planning Commission Meeting on 8/14/85, the applicant received Building Site and Design Review Approvals for a 29 ft., two- story, 7,000 sq. ft. residence on a hillside lot. A Negative Declaration for the project was also approved. Issues raised during the consideration of the project were the large amount of grading proposed, impacts on off -site views, the perception of bulk of the home and the impervious coverage which exceeded 15,000 sq. ft. 9/18: Upheld appeal, returned to Planning Commission; fees waived for 6 months. Ms. Shankle is appealing the Planning Commission's decision on the Negative Declaration, Building Site and Design Review Approvals. She is objecting to the excessive square footage of the home, the excessive grading involved and the impact on views. Also before the Council is a request for annexation of this property. The subject parcel is currently within the City's Urban Service Area. RECOMMENDATION 1. Determine the merits of the appeal and uphold or reverse the Planning Commission's/ decision. The Negative Declaration must be reaffirmed if the Council approves the project. 2. Staff recommended approval of SDR -1605 and denial of A -1102. 4. Minutes dated 8/14/85 5. Exhibits 6. Correspondence received on the project. By: a- CIL `l <e(JGc, .F, PC ,s4 Secretary Planning Ccxnnission RESOLUTION NO. SDR 1605 -1 RESOLUTION APPROVING TENTATIVE MAP OF GEORGE HWANG WHEREAS, application has been made to the Advisory Agency under the Subdivision Nap Act of the State of C,aifornia and un- der the Subdivision Ordinance of the City of Sa.7atoga, for tenta- tive map approval of a lot, site or subdivisions' of 1 lots, all as more particularly set forth in File No. SDR -1605 of this City, and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and im- provement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and gen- eral land use and programs specified in such General Plan, refer- ence to the approved Staff Report dated Auqu s t 2, 1985 being hereby made for futher particulars, and WHEREAS, this body has heretofor received and considered the (QafrAciparmioacemtdattx143= (Negative Declaration) prepared for this project in accord with the currently applicable provisions of CEQA, and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 31st day of July 1985, and is marked Exhibit B -1 in the hereinabovereferred to file, be and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit A and incorporated herein by reference. The above and foregoing resolution was duly passed and adop- ted by the Planning Commission at a meeting thereof held on the 14th day of August 1985, at which a quorum was present, by the following vote: AYES: Commissioners Burger, Pines, Peterson Schaefer NOES: Commissioner J. Harris ABSENT: Commissioners B. Harris Siectfried ATTEST: ADVIS Ch af nnan /ESIGN REVIEW ATTEST: NOES: Commissioner J. Harris 1 O o �`��'1 C L C�� �C d� Secretary; Planning Commission RESOLUTION NO. A- 1102 -1 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, The City of Saratoga Planning Commission has received an application for Design Review Approval of a new, two -story single family dwelling which exceeds exceeds the.6200 sq. ft. standard and is over; and '24 ft. W ght t he app od c met the burden of proof requii to his said application, NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the site plan, architectural drawings, landscape plans and other exhibits submitted in connection with this matter, the application of GEORGE HWANG for Design Review Approval be and the same is (granted) iiigimo subject to the following conditions: Per the amended Staff Report dated August 1, 1985 and Exhibits B -1, C -1 and D -1. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of August 19 85 by _the following roll call vote: AYES: Commissioners Burger, Peterson, Schaefer, and Pines ABSENT: Commissioners B. Harris Siegfri-d FILE NO: A -1102 C airman, Planning Commission EIA -4 Saratoga PROJECT DESCRIPTION NAME AND ADDRESS OF APPLICANT REASON FOR NEGATIVE DECLARATION DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. The project is to construct a 8,100 sq. ft., two -story residence on a lot with an average slope of 27 The lot; located at 19288 Bainter Ave., must also be annexed to the City. George Hwang 17283 Eaton Lane Saratoga, CA. 95070 File No. SOR -1605 The project will not have a significant effect in that there will not be an increase in the number of units on -site and the City Geologist has reviewed the project and has recommended approval with certain conditions. Mitigation measures will be included as conditions of approval. Executed at Saratoga, California this 10th day of July 1985. ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF S" 'TOGA 11.:A had i DIRECTOR'S AUTHORIZED STAFF MEMBER APN: 510 -24 -06 OMIFE 04 0 'T o C REPORT TO PLANNING COMMISSION e City of Sc: u: roto. APPROVED BY: lip INilcf Revised: 8/-- 1- 4- /-85--- Date: 8/2/85 Commission Meeting: 8/14/85 APPLICATION NO. E., LOCATION: SDR -1605, A -1102; 19288 Bainter Ave. APPLICANT: William Young OWNER: George Hwang ACTION REQUESTED: Tentative Building Site Approval and Design Review Approval for a two -story single family residence on a lot with an average site slope of 27% and Site Modification to permit grading in excess of 1,000 cubic yards. OTHER APPROVALS RECEIVED /REQUIRED: Annexation is required. Also required is a variance to permit impervious coverage to exceed 15,000 sq. ft., use permit for recreational court, and building and grading permits. ENVIRONMENTAL ASSESSMENT: Negative Declaration prepared 7/10/85. ZONING: Pre -zoned GENERAL PLAN DESIGNATION: Residential- Hillside HCRD Conservation Single Family EXISTING LAND USE: Single Family Residential and orchard SURROUNDING LAND USES: Single Family Residential PARCEL SIZE: Gross 3.39 acres Net 3.31 acres NATURAL FEATURES VEGETATION: Moderately sloping topography with primarily orchard trees. SLOPE AT BUILDING SITE: 327. AVERAGE SITE SLOPE: 27% GRADING REQUIRED: Cut: 2,250 Cu. Yds. Cut Depth: 10 Ft. Fill: 600 Cu. Yds. Fill Depth: 13 Ft. PPOPOSFP (.ETFACKS: Front: 400 Ft. Rear: 52 Ft. Left Side: 52 Ft. Right Side: 76 Ft. HEIGHT: 29 Ft. IMPERVIOUS COVERAGE: 22,819 sq. ft. with decks (5,580 sq. ft. for Tenni c (fir ,r SIZE OF STRUCTURE: Report to Planning Commission SDR -1605, A -1102, Hwang, Bainter Ave. Lower Floor(including garage): Main Floor: TOTAL: 8/1/85 Page 2 2,234 sq. ft. *5,620 sq. ft. *Includes Greenhouse 7,854 sq. ft. ORDINANCE COMPLIANCE: The project does not meet all the requirements and standards of the zoning ordinance in that the impervious coverage exceeds 15,000 sq. ft., and the lot is substandard in that the HCRD Ordinance requires 3.51 acres per dwelling unit for an average site slope of 27 However, this is a legal lot of record. MATERIALS ii COLORS PROPOSED: Earthtone cedar siding with brown tile roof. PROJECT DESCRIPTION: The applicant is requesting Tentative Building Site Approval for a single lot of record. The subject parcel is not presently within the City's boundaries. Annexation proceedings are in process. The property has been pre -zoned HCRD. The site development plan shows a two -story single family residence, a pool /patio area and a tennis court. The tennis court is not under consideration at this time, as HCRD regulations require that a use permit be obtained. Exclusive of the court, the impervious coverage maximum is being exceeded. The applicant has stated that he feels he can lower the impervious coverge on site to 15,000 sq. ft. by using brickson sand for the existing road and incorporating a 1/4" spacing for the wooden decks. Subtracting these areas results in lowering the impervious coverage to 17,780 sq. ft. This is still 2,780 sq. ft. above the maximum allowed. Additionally, with the change in impervious coverage standards for R -1- 20,000 and R- 1- 40,000 districts, the Commission has agreed to no longer allow these proposals as impervious coverage. Unless the applicant can provide other alternatives, a variance approval would be necessary. It should be noted that percentage -wise, lot coverage is 15 However, 15,000 sq. ft. is the maximum impervious coverage permitted, no matter what the size of the lot. It has been brought to Staff's attention that a waterline to the property to the southwest will lie under the proposed building site. The applicant will be required to relocate the waterline and provide an easement, if appropriate, to the affected neighbor(s). The'City Geologist has reviewed and approved the project subject to certain conditions. There is a question about the stability of old fill areas near the proposed tennis court and adjacent driveway. The City Geologist will be requiring additional information from the applicant's geotechnical consultant and will require that the tennis court area be reviewed at the time of application. SDR -1605, 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. Report to Planning Commission 8/1/85 SDR -1605, A -1102, Hwang, Bainter Ave. Page 3 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 relative to the environmental impact to this project, if approved under this application. Said determination date: July 10, 1985., The Staff Report recommends approval of the tentative map for SDR -1602 (Exhibit "B -1" filed 7/31/85) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance 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 at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regu- lations 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. 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 easements, as required. D. Underground Existing Overhead Utilities. E. Construct Storm Drainage System as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse. F. Construct access road to maximum of 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6 in aggregate base from private cul -de -sac to within 100 ft. of proposed dwelling. Slope of access of access road shall not exceed 12 -1/2% without adhering to the following: 1 Arracc rnari; havinn �lnnac Fes+ _1 /^J'• ___J Report to Planning Commission SDR -1605, A -1102, Hwang, Bainter 1. Soils 2. Foundation Investigation /Design 8/1/85 Page 4 surfaced using 2 -1/2" asphalt concrete on 6" aggregate base. 2. Access .roads having slopes between 15% and 17% shall be surfaced using 4" of P.C. Concrete rough surfaced using 4" aggregate base. Slopes in excess of 15 shall not exceed 50 ft. in length. 3. Access roads having a slope in excess of 17 -1/2% are not permitted. Note: a) The minimum inside curve radius shall be 42 ft. b> The minimum vertical clearance above road surface shall be 15 ft. c) Storm runoff shall be controlled through the use of culverts and roadside ditches. d) Storm runoff shall be controlled through the use of culverts and roadside ditches. G. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6" aggregate base within 100 ft. of proposed dwelling. 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. K. Engineered Improvements required for: 1. Access Road Construction L. Pay Plan Check and Inspection Fees as determined from Improvermment Plans. M. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. N. Post bond to guarantee completion of the required improvements. III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional. Report to Planning Commission SDR -1605, A -1102, Hwang, Bainter B. Detailed on -site improvement plans showing: 8/1/85 Page 5 1. Grading (limits of cuts, fills; slopes, cross sections, existing and proposed elevations, earthwork quantities) C. Drainage details (conduit type, slope, outfall, location, etc.) 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft. or higher. 4. Erosion control measures. 5. Standard information to include titleblock, plot plan using record date, location map, north arrow, sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer service to be provided and fees paid in accor- dance with requirements of County Sanitation Dist. No. 4. B. Public service easement along the northwesterly property line of the parcel belonging to Seabright to be noted on building plans. U. SPECIFIC_ CONDITIONS CENTRAL FIRE DISTRICT A. Provide one (1) fire hydrant, so located that no part of any residential structure shall be farther than 500' from at least one (1) hydrant and the fire protection shall be so designed and charged with water under pressure so that each hydrant for residential fire protection shall deliver no less than 1,000 gallons per minute of water. Water storage or other availability shall be such that for any on hydrant of the system, the 1,000 gallons per minute shall be sustained for a period of two (2) hours. B. The required fire hydrant installation shall be tested and accepted by the Central Fire Protection District prior to issuance of a building permit. C. The property is located in the "Hazardous Fire Area" and the building(s) shall be provided with fire retardant roof covering(s). D. Provide an improved access road for fire protection vehicles to a width of 18 feet, plus shoulders of one -foot (1') on each side. VI. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. A sanitary sewer connection will be required. Report to Planning Commission SDR-1606, A -1102, Hwang, Bainter 8/1/85 Page F B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health Standards. Contact Sanitation District for final inspeciton upon completion. VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review, certification, and registration. VIII. SPECIFIC CONDITIONS PLANNING DIVISION A. All conditions of the July 10th and 19, 1985 City Geologist reports shall be met. B. Design Review Approval required on project prior to issuance of permits. C. Use permit required for recreational court. D. Variance required to exceed 15,000 sq. ft. of impervious coverage. E. Tree removal prohibited unless in accord with applicable City Ordinances. F. Prior to issuance of building permits, individual structures shall be reviewed by the Planning 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. G. All existing structures on site shall be removed or bonded for removal prior to Final Map Approval. H. Any waterlines to adjacent properties effected by the project shall be relocated and an easement provided, as appropriate. Report to Planning Commission SDR -1605, A -1102, Hwang, Bainter A -1102 DESIGN REVIEW ANALYSIS CONCERNS 8/1/85 Page 7 Staff has many concerns about this very large and linear home. First, to take advantage of the views, the home has been located on one of the higher portions of the lot. Due to the size of the home and its location, visual impacts to surrounding properties will be significant. Also, the location of the home may impact the views of properties to the southwest. Despite the large area of the lot, staff feels that the linear design of the residence will create a bulky appearance. In addition, there are no homes in the area that are of comparable size. In this situation, the finding that the project is compatible in bulk to those homes within 500 ft. would be difficult to make. Next, there is a concern about the grading. Of the 2,250 cubic yards of cut, the grading figures are broken down into 700 cubic yards for the access road, 700 cu. yds. for the home and 850 cu. yds. for the garden /pool area. The fill required totals 600 cu. yds. and amounts to 200 cu. yds. for the road, 300 cu. yds. for the parking area and 100 cu. yds. for the home. This results in an imbalance of 1,650 cu. yds. which must be removed from the site. An average truck can carry 9 cu. yds.. Therefore, the number of truckloads to remove excavated materials is 183. Of course, if larger trucks are used, this number would decrease. The excavation required could be reduced by eliminating the pool /patio to the rear and changing the driveway approach to utilize the existing access road. Using an alternative driveway approach may create problems in getting the average slope below that required for fire department access. However, incorporating switchbacks may serve to reduce or eliminate this problem. Staff should note that the applicant has been cooperative in trying to address staff's concerns and has made several changes to the original. plans. The garage location was changed to the left of the home to cut down the grading and reduce the number of retaining walls. A second story loft was removed to eliminate some square footage and reduce the height. Attempts to further reduce the grading have also been made. Basically, staff feels that recommending approval for this size home in the proposed location would be difficult. Staff would have to recommend drastic cuts in the size of the house, elimination of the pool /patio area, and a reduction in the driveway approach. In effect, the entire design concept would be changed. Rather than trying to redesign the project for the applicant, staff feels more comfortable in denying the project as proposed. 8/1/85 SDR -1605, A -1102, Hwang, Bainter Page 8 Report to Planning Commission FINDINGS 1. Unreasonable Interference with Views or Privacy and Compatible Infill Project The house has been moved downslope from the original proposal. The roof area will not extend above the knoll of the site. Therefore, the revised height, elevation and placement of the residence on the site will not unreasonably interfere with views from adjacent properties. The project does not unreasonably interfere with the privacy of the surrounding residences in that the required setbacks are being maintained and existing vegetation and the site topography will serve to minimize privacy impacts. 2. Preservation of the Natural Landscape Two large pine trees are being preserved. It appears that the driveway has been located in the best way to minimize the impact on the land. 3. Perception of Excessive Bulk The revised location of the residence reduces the perception of the structure in that the residence will be tucked into the hillside. The design of the structure, with the use of offset wings, serves to minimize the perceived bulk. In addition, a condition has been added to reduce the size of the residence. 4. Compatible Bulk and Height With the revised location, the design of the structure and the reduction in square footage, the residence will be compatible in terms of bulk and height with the surrounding residences. 5. Grading and Erosion Control Standards The plan does incorporate current Saratoga grading and erosion control standards in that all City Standards shall be met. RECOMMENDATION: Staff recommends denial having been unable to make findings #1, 2, 3 and 4, per the staff report dated 8/1/85 and Exhibits "B -1, C -1 and 0 -1." If the Planning Commission can make the findings, staff has suggested the following conditions: 1.* Height of structure shall not exceed 29 feet measured in accordance with Section 14.8. 2. Any modifications. to the proposed site development plans or elevations shall require Planning Division review and approval. Report to Planning Commission SDR -1805, A -1102, Hwang, Bainter APPROVED: P.C. Agenda: 8/14/85 DL /dsc Diana Lewis Planner 8/1/85 Page 9 3. Landscaping shall be provided along the front of the residence to reduce the visual impacts of the residence. 4. The parking areas shall be screened from the street and the northerly adjacent property. 5. Landscape plans for Condition #4 and #5 shall be submitted for review and approval by the Planning Division prior to issuance of building permits. *6. The residence shall not exceed 7,000 sq. ft. per Staff's calculations. *7. The impervious coverage shall not exceed 15,000 sq. ft. 8. Landscaping planted behind the residence shall not be of the type that at maturity will block views from adjacent properties. Landscape plans shall include proposed landscaping to the rear of the residence for review and approval by the Planning Division. William Cotes and Associates TO: Diana Lewis, Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Supplemental Geologic and Geotechnical Review RE: Lands of Hwang, SDR -1605 GEOTECHNICAL CON 71frs 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 July 19, 1985 S1375A RECEIVED JUL 2 3 1985 COMMUNITY DEVELOPMENT At your request, we have completed a supplemental geologic and geotechnical review of the subject application using: o Letter Engineering Geologic and Soil and Foundation Study (report) prepared by JCP Engineers Geologists, dated March 15, 1985. In addition, we have reviewed pertinent technical maps and reports from our office files. DISCUSSION The applicant is proposing to develop a lot for residential use by constructing a single family residence, pool, driveway, and tennis court. Our previous review letter (July 10, 1985), recommended approval of the proposed development with the conditions that a detailed geologic /geotechnical investigation be conducted for the subject property to address the distribution of earth materials, evaluate the existing artificial fill materials where development is planned, and to provide geotechnical recommendations for the proposed development. CONCLUSIONS AND RECOMMENDED ACTION The referenced geologic /geotechnical report appears, in general, to adequately address the distribution of earth materials and to provide general geotechnical recommendations for the proposed residence construction. However, a characteriza- tion of fill materials has not been completed. Our primary concern is with the proposed driveway and tennis court which would be constructed to some degree on old fill materials. It is our understanding that the proposed tennis court is not part of this application and will be dealt with at a later time. We recommend that when plans and geotechnical recommendations are submitted for the proposed tennis court that the Town Geologist be given the opportunity to review them. ENGINEERING GEOLOGY ENVIRONMENTAL EARTH SCIENCES FOUNDATION ENGINEERING Diana Lewis, Planner 2 July 19, 1985 With the proposed tennis court construction issue temporarily put aside, the proposed driveway remains to be addressed. During recent communication between our office and the applicant's geotechnical consultant, Jim Prendergast assured us that old fill materials would be excavated and recompacted as part of the proposed driveway construction. We concur with this approach to deal with the old fill areas and recommend that the applicant's geotechnical consultant submit his recommenda- tion in a letter to the City. Consequently, we recommend approval of the subject application with the following conditions: 1) Supplemental Geotechnical Recommendation The geotechnical consul- tant should provide his recommendations in a letter for mitigating the potentially non engineered fill :materials where development is proposed. This letter should be submitted to the City and reviewed and approved by the City Geologist prior to issuance of site development and building permits. 2) Geotechnical Plan Review The geotechnical consultant shall review and approve the geotechnical aspects (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations, retaining walls, and roadways) to ensure that his recommendations have been properly incorporated. The results of the plan review should be described in a letter by the geotechnical consultant and submitted to the City to be reviewed and approved by the City Engineer prior to issuance of site development and building permits. 3) Geotechnical Field Inspection The geotechnical consultant shall inspect, test, and approve all geotechnical aspects of the project construction. These inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improve- ments, and excavations for foundations, retaining walls, and roadways prior to the placement of concrete, steel, and fill. William Cotton and Associates WRC:PS:kt 3 Diana Lewis, Planner July 19, 1985 The results of the field inspections and the as -built conditions of' the project should be described by the geotechnical consultant in a letter and submitted to the City to be reviewed by the City Engineer prior to final approval. Respectfully submitted, William R. Cotton City Geologist CEG 882 WILLIAM COTTON AND ASSOCIATES, INC. (Ai/al-La/I/14 William Cotton and Associates William Cow and Associates TO: Mike Flores, Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Preliminary Geologic Review RE: Lands of Hwang, SDR -1605 GEOTECHNICAL CP-LISULTINTS 318 B North Sant enue Los Gatos, California 95030 (408) 354 -5542 July 10, 1985 S1375 At your request, we have completed a preliminary geologic review of the subject application using: o Tentative Map (20- scale) prepared by Jennings McDermott and Heiss, dated May 29, 1985. DISCUSSION Our review of the referenced plan indicates that the applicant is proposing to construct a single- family residence, pool, tennis court, and driveway. The subject property has previously been developed and includes a single- family residence in the northwest corner and a small cottage in the north central portion of the lot. Additionally, an existing driveway, providing access from a private road and Bainter Avenue, follows the northern property line to the cottage and switch -backs to the existing single- family residence. The plans indicate that the existing residential and related structures would be removed to accommodate the proposed development. The proposed single family residence and pool would be located in the southwest portion of the property in an area presently occupied by an orchard. The proposed tennis court location is coincident with the single family residence located in the northeast corner of the property. The proposed driveway would traverse the subject parcel from the northwest property corner to the west central portion of the lot. SITE CONDITIONS The subject property is characterized by gentle to very steep (1 to 44 natural and artificial, north facing, hillside topography. The proposed home and pool site appears to have undergone only minor grading in association with agricultural discing. The slopes are characterized by gentle to steep (5 to 19°) inclinations. The proposed tennis court site has been extensively graded in association with the previous construction of a compound building pad (i.e., part cut and part fill) for the existing residence, carport, and garden areas. Level and gently sloping fill areas ENGINEERING GEOLOGY ENVIRONMENTAL EARTH SCIENCES FOUNDATION ENGINEERING -2 Mike Flores, Planner July 10, 1985 appear to have undergone some settlement (cracked and tilted surfaces) and graded slopes are oversteepened (i.e., greater than 2 :1, horizontal:vertical) with inclinations of 37 to 440. The proposed driveway alignment crosses natural slopes characterized by inclinations of 7 to 20 and oversteepened cut and fill slopes adjacent to the existing single family residence and driveway. Drainage can be characterized by uncontrolled sheetwash to the north which appears to be partially intercepted by the existing driveways and flatter building pad areas. The subject property is underlain, at depth, by semi consolidated bedrock materials of the Santa Clara Formation (i.e., conglomerate, sandstone, siltstone, and claystone. The bedrock materials are, in turn, overlain by potentially thick, expansive, older alluvial fan deposits and silty -clay, soil and colluvium. CONCLUSIONS AND RECOMMENDED ACTION The proposed development appears to be somewhat constrained by expansive soil and colluvium, weak foundation materials, and the existing oversteepened and possibly non engineered graded conditions on the site. However, it appears that a thorough geologic /geotechnical investigation to characterize the site conditions, appropriate geotechnical design, and proper and corrective grading practices could satisfactorily mitigate the potential site constraints. Consequently, we recommend approval of the subject application with the following condition: Detailed Geologic Geotechnical Investigation The applicant should retain the services of an engineering geologist and geotechnical engineer to conduct a detailed geologic /geotechnical investigation of the subject property. This investigation should address, but not necessarily be limited to: Distribution of Earth Materials The consulting engineering geologist should produce an original engineering geologic map of the subject property to illustrate the surficial distribution of earth materials (i.e., soil and colluvium, artificial fill, bedrock, etc.). Additionally, the engineering geologist should produce at least three (3) engineering geologic cross sections, perpendicular to the slope, through representative sections of the proposed residence, tennis court, and driveway to clearly illustrate the interpreted subsurface distribution of earth materials correlated with surficial mapping and subsurface exploration. Characterization of Artificial Fill Materials The geotechnical consul- tants should characterize the engineering characteristics of the fill materials in those areas where development is proposed (i.e., tennis court, driveway, etc.). It should be determined if the fill materials where placed in an engineered manner (i.e., proper soil stripping, benching, compaction, William Cotton and Associates Mike Flores, Planner WRC:PS:kt -3 Respectfully submitted, LL William R. Cotton City Geologist CEG 882 July 10, 1985 and drainage control) and appropriate mitigation measures (i.e., removal and recompaction, etc.)- should be provided to assure the long -term stability of the proposed development and natural and artificial slopes. Geotechnical Recommendations The geotechnical consultants should provide recommendations for the general geotechnical aspects of the proposed development (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations, retaining walls, roadways, etc.). The resultant geologic /geotechnical maps and report should be submitted to the City and reviewed and approved by the City Geologist and Engineer prior to issuance of site development and building permits. WILLIAM COTTON AND ASSOCIATES, INC. i j' William Cotton and Associates Name of Appellant: Address: Telephone: Name of Applicant: Project File No.: Project Address: Project Description: *Please do not City offices. appeal please RECEIVED AUG 2 COMMUNITY D APPEAL APPLICATION )c( ref. ill) Yi /136-5 41,/fie. 1. (_es UaioS (3s- G eoY e 147 .SDE 160,- /lob /�l2 uu ,4Qinky /4 `1 elA 0 S el 5/n /e jlle.A eyeeas 1, o r Siam /s over 2-4 /.7 7/ Decision Being Appealed: g pro✓a -1 u -P Aci'diA 5//e. e«e% hifs .tr Y/i Grounds foil 2Q.dct�lc� u i e evee de-5110 the Appeal Letter j r ue. pp may be attached) NS 3�� 1r .Q ✓e. 74o /u e o, house, lf��w 9/ As a res ai o y( f _4e. a 9 /4 /V /Itd- rA die -7/12 /dr e, ,5/z e. e-- /lous e e e55/v6 a Th e. h I s-rde. e-9 /,pi ee yrle di 1/e1 ✓5 ner A 6ar /lr /1 1"'Y Ijint's nature Date Received:] b Hearing Date k Fee r j0 sign this application until it is presented at the If you wish specific people to be notified of this list them on a separate sheet. TIHIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE DECISION. CITY USE ONLY 26 C Planning Commission Minutes Meeting 8/14/85 A -1099 Commissioner Burger the cut and fill on t and also the size of condominium units in the units will be mit commented that in her face inward towards bulkiness from outside Staff Report, with th landscaping strip in t access. Commissioner unanimously 5 -0. 5. A -1101 Mr. and Mrs. Sudin Vittal, Request for Design Review Approal for a new, two -story single family residence on a hillsi lot which exceeds the. 6,200 sq. ft. stan- dard at 1526. Montalvo Heights Court in the R -1- 40,000 zoning distr ct; continued from July 24, 1985 (to be continued) It was directed that this mat er be continued to September 25, 1985. 6a. 6b. 6c. Negative SDR -1602 A -1107 It was directed that this matter be continued to August 28, 1985. C7a, egative 7b. SDR -1605 A -1102 oved to approve A -1099, making the findings that e grading is less than was previously proposed, the units are relatively the same size as other he Village closeby. She added that the bulk of gated by the fact that the lot is secluded. She opinion the bulkiest portion of the units does ne another, which will reduce the perceived he lot. She stated that the approval is per the added condition that there will be a 3 ft. e area west of the driveway and the emergency Harris seconded the motion, which was carried J. 0 Page 3 Declaration SD -1602 Tom and Ann Copenhagen -Tom and Ann Copenhagen, Request for Tentative Building Site Approval for a three (3) lot subdivision of a 14 acre site with a average slope of 31%, and Request for Design Revie Approval for a new, two- story, single family residence n lot B in the NHR zoning district at 14440 Pike Road; ontinued from July 24, 1985 (to be continued to August 28, 1985) Declaration SDR -1605 George Hwang George Hwang, Request for Building Site and Design Review Approvals for a new, two -story single family dwelling which exceeds the 6200 sq. ft. standard and is over 24 ft. in height, on a greater than 10% slope at 19288 Bainter Avenue in an unincorporated area of Santa Clara County to be annexed to the City and pre zoned HC -RD continued from July 24, 1985 Staff explained the proposal, recommending approval of the Building Site and denial of the Design Review, having been unable to make the findings. They noted that the City Council will be acting on the annexation to the City at their next meeting. Staff indicated that they had received new plans from the applicant on Friday, which show that the house has been moved. They commented that it now has a rear yard setback of 98 ft. vs. 52 ft., and the grading was minimized somewhat. They added that they still believe that the impervious coverage is over the 15,000 sq. ft. allowed, but they believe that it can be brought down to the requirement. They indicated that the applicant's figures now show the square footage to be 7108 sq. ft., and the Staff's calculations show 7546 sq. ft. The public hearing was opened at 8:30 p.m. The City Attorney explained that the annexation has nothing to do with the nature of the development; it would simply incorporate the property into the City boundaries. He added that the annexation is a technical function of the Council, and there will be no public hearing conducted on it. He commented that the development of the site, however, is the subject of this hearing. Planning Commission Page Minutes Meeting 8/14/85 SDR -1605 and A -1102 William Young, representing the applicant, discussed the revised plan. He indicated that the greenhouse is now a trellis, and explained the changes made to the plan. He showed a model of the revised plan, explaining the contours and grading. Mr. Young submitted letters in support of the proposal. Wanda Alexandra stated that she was not here to protest a house on the property; however, she would like to ask for a delay in any decision until all the facts are known and considered relative to the total proposal. She commented that she feels the proceeding is out of order because the property is not now in the City. She indicated that she feels that annexation is a very serious matter in this application, and asked if environmental consideration had been given to the application. Staff explained that essentially the annexation will be categorically exempt under CEQA provisions. The City Attorney commented that the annexation is proceeding under a special section of the Government Code as it relates exclusively to Santa Clara County. Ms. Alexandra stated that she believes that there is an EIR required before the process can proceed, and will look into that thoroughly. She added that this kind of annexation is contrary to the spirit of the County and Saratoga's General Plans and the concept of an urban service area. She commented that this will be pushing into a very unstable area, citing a landslide in the area. She asked who would be liable when a dangerous situation results. She asked that the Commission not make a decision tonight, but wait until this matter can be reviewed thoroughly. Arthur Siemens, Woodbury Drive, stated that he feels this is annexation. He commented that this property is not contiguous Saratoga, but is really an island. He spoke against the size of the home and the location, stating that it should be moved another 50 ft. down the hill. He expressed his concern regarding the slope and the runoff. He also commented that plantings should be restricted so as not to obstruct the neighbors' views. Staff clarified that the property is contiguous to the City of Saratoga and is not separated from the City by an incorporated area. Fran Lawrenson stated that she lives down the hill from this house and would be catching the water. She expressed concern about the unstable earth and the removal of it and type of excavation necessary for the building of this home. Dr. Richard Sogg, 19262 Hidden Hill Road, spoke in opposition to the grading and discussed the shifting of the hill. Mel Wright stated that his property backs up to the easement road. He expressed concern relative to the drainage. He submitted a letter from Mrs. Joyce Consoli expressing her concerns. Suzanne Shankle, Ravine Road, asked about the location of the pool. Mr. Young explained the changes to her that have been made in the plan. She indicated that she still does not feel good about the size of this very large house, and does not feel it is appropriate because of the grading and weakening of the hillside. Diane Jefferson, 15895 Ravine Road, expressed concern about the excavation and the unstable hills. Bill Robson, Ravine Road, stated that he does not object to a home on this property; however, he does object to the size, bulk and facad this structure relative to the rest of the neighborhood. He expre concern about the grading, commenting on the fragile condition of e land. Planning Commission Page 5 Minutes Meeting 8/14/85 SDR -1605 and A -1102 Discussion followed on the geology of the site. Chairman Peterson stated that he is absolutely satisfied that Saratoga is on the leading edge of doing the right things to mitigate the concerns expressed. Dave Call stated that he is involved with the Styblo property, which will be most impacted by this development. He expressed concern that if this property is not handled properly it will decrease the value of the Styblo property. He submitted a topo map of the property, indicating that there is only one area where a home can be built. Mr. Call noted that the proposed house has now been moved closer to that site and suggested that it be moved back to the location where it was originally. Mrs. Styblo expressed concern about the the fact that the proposed home is now so close to her building site. Mr. Young discussed options that could be used on the Styblo property. He also addressed the drainage, stating that the water should be in a conduit and they have an easement that takes it down to Redberry. He stated that whatever proper engineering solution is required for drainage problems, they will be incorporated and executed. He indicated that they would be doing more testing on the soil at the time of construction, and they will be consulting the City Geologist at that time. Mr. Young discussed the grading on the site. Discussion followed on the stability of the property. Staff noted that there is a Condition III -A.1 requiring the geology per the City Geologist's letters. Commissioner pines expressed his concern regarding the stability. Commissioner Schaefer commented that the stability can be dealt with through the City Geologist's comments and Mrs. Young's efforts. She stated that she would be willing to consider approving this in the new location because she feels the setbacks are appropriate. She indicated that her only concern is the size of the home, and she questioned the size of the chimney. Commissioner Pines commented that he feels this is essentially a one story house, and he feels that the landscaping will break up the sense of bulk. He stated that he thinks that because of the way you look up at the house, and because the two wings step back, it breaks up the perception of bulk. The conditions for the road improvement were discussed. Staff explained that the easement is 16 feet. Commissioner J. Harris commented that she feels this house is too big Commissioner Burger moved to close the public hearing. Commissioner J. Harris seconded the motion, which was carried unanimously. At Commissioner Burger's inquiry, the City Attorney stated that he does not believe that these proceedings are out of order. He commented that any approval would be conditioned upon the property being annexed. He added that the City views the annexation more as a formality, mainly because the applicant is here because the County has insisted that they be annexed. He explained that when there is a single lot such as this, contiguous to the City, which is within our urban service area and the owner wants to develop, it has been the practice of the County to tell him to annex to the City first. He added that the lot has already been prezoned by the City. He commented that the annexation will be based upon certain findings, but they do not relate necessarily to the development and the concerns raised by the neighbors this evening. Staff explained that the County has a policy that within the urban service area, if somebody wants to develop and they are contiguous with the City, they need to come to the City first. The City then either has to annex them or waive the rights to annexation. They added that if.the City waives the rights then the County would let the applicant develop within the County. The standards of developing in the City and in the County were discussed. Planning Commission Minutes Meeting 8/14/85 Page 6 Break 10:00 10:15 p.m. 8a. Negative Declaration SD -1606 Joseph L. Teresi 8b. SD -1606 Joseph L. Teresi, Request for Tentative Subdivision 8c. A -1114 Approval and Design Review Approval for 21 multi- family dwelling units near the southeast corner of Bucknall and Saratoga Avenues, in the R M -5000 PC zoning district Staff gave the history of the project and explained the current proposal. The access was discussed. Commissioner Schaefer commented that she feels there is a need for a play area for children. The public hearing was opened at 10:19 p.m. Ken Riding, of A -M Company, gave a presentation on the project. discussed the changes made, stating that they have tried to comply wl everything discussed at the study session. He discussed the Staff Report conditions, and Mr. Riding was asked to work with the City office SDR -1605 and A -1102 for the steepness of the hill and she will vote against it. Chairman Peterson noted the concern regarding drainage and slides. He stated that he feels that if the City Geologist has said that he thinks the concerns can be mitigated, he would have to agree. He commented that, relative to the size, since there is 3 -1/2 acres of land, he could support 10% above the 6200 sq. ft., or something in the 7000 sq. ft. range. Commissioner Burger moved to approve the Negative Declaration for SDR-- 1605. Commissioner Pines seconded the motion, which was carried unanimously 5 -0. Commissioner Burger moved to approve SDR -1605, per the Staf Report dated August 1, 1985 and Exhibit B -1, changing Condition II -F to read: "Construct an access road 14 ft. wide with 1 ft. shoulders, and inserting the dates of July 10, 1985 and July 19, 1985 as the City Geologist's letters. Commissioner Pines seconded the motion, which was carried 4 -1, with Commissioner J. Harris dissenting. Commissioner Burger moved to approve A 1102, making the following findings: #1 Interference with the views is not unreasonable as the house has been moved down the slope, and therefore the pad height has been reduced. #2 The natural landscape has been preserved by the saving of the two large pine trees, and given the difficulty with the geology, the driveway placement is perhaps done the best way possible in order to minimize the impact on the land. #3 and #4 These would be made jointly by adding a condition that the home be no larger than 7000 sq. ft. per Staff calculation, and that the impervious coverage exceed 15,000 sq. ft. She explained that by adding those conditions would be able to make the findings. Commissioner Pines seconded t motion. The motion was carried 4 -1, with Commissioner J. Harris dissenting. Commissioner Schaefer suggested that a condition be added that the height of the trees planted behind the home not exceed the height of the house. Commissioner Burger amended her motion to add to Condition #5, "The height of the trees planted along the southern property line of the home are not to exceed the height of the roof at maturity." Commissioner Pines pointed out that the ground behind the house is higher than the house. He stated that he feels that it should be conditioned by intent rather than by height. There was a consensus to that effect, and Commissioner Pines seconded the amendment. The amended motion was carried 4 -1, with Commissioner J. Harris dissenting. She stated that she voted no because of the size of the home and the incompatibility with the homes surrounding it. The appeal period was noted. RICHARD L. SDGG, M. D. 281 EAST HAMILTON AVE. CAMPEIELL, CALIF. 95008 TELEPHONE 378 -1833 OPHTHALMOLOGY ANO NEURO.OPHTHALMOLOMMUNITY DEVELOPMENT 2 August 1985 City of Saratova Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Sirs: rc C:Z:1'vzip A U C o 5 1985 re: Item of Discussion A. SDR -1605 A -1102 for Committee of the Whole Meeting 6 August 1985 I live at 19262 Hidden Hill Road, Los Gatos in a 70 year -old home, formerly part of the Kennedy estate, which immediately bounds the Hwang tract. I am concerned about inappro- priate development of the hillsite, both from the point of view of potential deteriora- tion of a somewhat unstable hill (D.S. class- ification) and also from the point of esthe- tics. A variance to building on a greater- than -10% slope, and a construction of a greater than 24 foot high home with greater than 6200 square feet to me seems not in keeping with the general style of the homes in the vicinity at best, and at worst may contribute to geologic problems which could endanger the physical well -being of the homes (including mine) in the vicinity. Therefore I wish to strongly condemn the Request for Building Site and Design Review Approval, and feel that the parcel should not be annexed to the City of Saratoga. Thank you. Sincer- c‘/ 5/LeicC) L iL 6 1LY Lth,44_644-ci, ji Qt.() Cr-Lltr 61-46 414 ((--icada ttizz az,1 zaz ttze-car} A tteuz IizaL Joyce Consoli Consultations 19370 REDBERRY DR. LOS GATOS, CALIFORNIA 95030 (408) 354-6150 tat /62- 73-e ta) /3 at /ci?„5"--- 3Pra-udoS 41-110 C t ae-c.efy_6/( -0421-4a:etret azz( p _e_tec ,-.401,‘446iLJ /e/ z-44-1.1 gezz. ae .,4_, L72 Dear Commissioners: o r O o 4) U j M ro Saratoga Planning Commission Saratoga, CA 95070 Arthur J. Slemmons 19655 Redberry Drive Los Gatos, California 95030 41G 8 198: August 8, 1985 '71U^1T The undersigned have lived at 19655 Redberry Dr. for 30 years and object to the proposed annexation and proposed building plans on the Hwang property off Bainter Avenue. The Lauer property and proposed Hwang annexation are "spot annexations" in the worst sense. Although the map shows them contiguous to Saratoga, they are separated by the San Tomas Aquinas Creek. They are only accessible to Saratoga around the creek on Austin Way and Bainter Avenue over a distance of 4 mile. They would constitute an "island 4 mile offshore" from Saratoga from a practical standpoint of providing city services. The monstrously large, 7,854 square foot, house (11 feet high on the north elevation) will have an excellent view of the many, surrounding single story ranch style houses along the crest above Redberry Drive. It will have an excellent view of the Los Gatos- Saratoga Highway. Needless to say, many people will also have an excellent view of this enormous and highly visible house at the proposed elevation. The site could be lowered by 100 feet and the view of the valley, as well as the surrounding neighbors and highway would still be spectacular from this enormous house. I am deeply concerned over the concentration of a necessarily very large amount of runoff from the proposed construction. Downhill neighbors may well end up suing Saratoga in the next 10 to 20 years over resulting flood damage. The owner proposes a very un- neighborly structure on a 3.39 acre lot that will be as close as 52 feet from the lot line at the crest of the hill next to an existing, single story home that now is quite low and enjoys the spectacular view. The corner of the proposed structure will be only about 2 feet below this crest 52 feet away. If a 29 foot roof line is used, the roof will be 27 feet above the crest. The existing single story house's floor level is about 3 feet above grade, or 24 feet below the roofline. This will mean the roof line of the proposed structure will be about 20 feet above the eyelevel of neighbors sitting in the present structure's dining room that now enjoys a beautiful view of the valley. Summary It is our recommendation that Saratoga: 1. Deny the spot annexation of the Hwang property. 2. Deny the construction of so large a structure on this highly visible lot. 3. Deny excessive impervious coverage that will cause runoff. 4. Require the top -most part of any structures be no higher than a 10 degree slope from the upper -most crest of the upper lot lines. (The owner may decide on a single story ranch style house. 5. Provide similar height limitations to any plantings on the property. 6.Follow recommendations of your staff to deny approval of this proposal. 7. Strongly urge the Saratoga City Council to both deny annexation and recommend to the county against con- struction of such a large structure in Saratoga's Sphere of Influence. Zd& Art ur J. Slemmons July 10,1985 TO WHOM IT MAY CONCERN: RE: PROPOSED DEVELOPMENT PARCEL OFF BAINTER AVENUE, BY GEORGE HWANG My residence address is 16303 Ravine Road and borders the proposed development of adjacent property by George Hwang. Having seen the plans for the proposed project, I find the location, being fifty (50) feet from my house, quite disturbing and objectionable. This letter will serve to register protest against the location, height and size of the proposed building. As planned, the structure will block my view, thus decreasing the value of my home /property. I have been advised by real estate persons, familiar with my area of Los Gatos, that the desirability of my property will be substantially reduced by this building plan of Mr. Hwang's. There are many other locations on his property (over 3.5 acres) that he can build wi -thout being intrusive. Please deny the Hwang proposal as inappropriate for our area. Sincerely, aca---C-Q-- 6- laati.126 Charles G. Shankle, Jr. AUG 8, 1985 15879 RAVINE ROAD, LOS GATOS, CA. 95030 SARATOGA PLANNING COMMISSION AND STAFF SARATOGA CITY HALL, SARATOGA, CA, 95070 HONORABLE COMMISSION AND STAFF: AS THE OWNER OF PROPERTY AFFECTED BY THE WHANG PROJECT, I AM PROTESTING THE LOCATION, EXORBITANT SIZE AND INAPPROPRIATENESS OF THE PROPOSED BUILDING AND IMPERVIOUS COVERAGE. I AM REQUESTING DELAY OF THE FINAL DECISION ON THE PROJECT BECAUSE I HAVE REASON TO BELIEVE THAT SOME CRITICAL INFORMATION PRESENTED AT THE STUDY MEETING ON AUGUST 6 WAS IN ERROR. FURTHERMORE, SEVERAL NEIGHBORS MOST AFFECTED BY SUCH BUILDING ARE AWAY ON HOLIDAY AND WILL NOT BE AVAILABLE TO EXPRESS THEIR VIEWS ON AUGUST 14. IT IS MY UNDERSTANDING THAT ANNEXATION REQUIRED FOR THIS PROJECT WOULD BE SPOT ANNEXATION WHICH IS ILLEGAL. THIS IS A SERIOUS MATTER WHICH WE HOPE YOU WILL CONSIDER. PLEASE DELAY ANY DECISIONS REGARDING THIS PROJECT FOR AT LEAST ONE MONTH Td ALLOW TIME FOR FACT FINDING AND RESEARCH REGARDING ACCUR• AND LICATIONS OF THE WHANG PROPOSAL. ANDA B NiER Exoci 'a \535 COMMUNITY DEVELOPMENT August 1, 1985 To Whom It May Concern We have reviewed the plans of the proposed dwelling on Bainter Ave, previously owned by Mr. Hurlburt,to be built by Mr William Young. Pleased be advised that We are in approval of these plans. Sincerely, Wilf d J. oude Dorothy Jl oude 19292 Bainter Ave. Subject: SDR -1605, :A1102 (Bainter 1985 :Request for Continuance We have Just learned yesterday, from neighbors, that there is a hearing tonight to approve or disprove a- large building project on the property adjoining 'ours Section 13A Point 7 (B) of Ordinance NS-3-54 requires that we receive not less than 10 nor more than 30 calendar days_ notice. It ._is aiso :rumored that part of a building on our property is to be removed. Prior to purchasing the propert we';checked: with the Saratoga Planning Department and they assured us that the building would never be jeopardized. We hereby request an extension "or denial of the above referenced project due to the fact that we received prior notification. To: City Council ,City,;of Saratoga From: Mr. Mrs. John Stannard September i8, 1985 John Cathy Stannard 19280 Bainter Ave; Los Gatos, ,CA Saratoga City Council Fruitvale Avenue Saratoga, California 95070 Dear Council Members: Arthur J. Slemmons 19655 Redberry Drive Los Gatos, California 95030 September 12, 1985 The citizens of Saratoga deserve well thought -out plans for both zoning and annexation. "Spot Annexation" and "Spot Zoning" without adequate planning for either are the opposite of good government. Subject: Denial of Annexation and Denial of Design Approval of the Hwang Property The city of Saratoga can do better than re -zone or spot annex at the whim or convenience of a land developer or land- owner and can do long -term harm to the taxpayers of Saratoga for such un- planned and precipitate actions. The undersigned therefore urge that the Saratoga City Council deny the proposed spot annexation of the Hwang property on the 32% slope mountainside above Bainter Avenue. Varience for Excessive slope and Cut and Fill We have heard many times that Saratoga is stricter than the County for approving construction. The only reason the builder and landowner are before the Saratoga Planning Commission and Saratoga City Council is the County's General Plan (Section E; Constructed Environment, p. 9) specifically states: "Building sites and potential access must not be on land greater than 30% slope." The proposed building site is on a 32% slope. Further, the above section of the County's General Plan also prohibits To give you an idea of the excessive cutting and filling for the proposed building, the building will require a cut of 2250 cubic yards (about 375 truck loads) and a fill of 600 cubic yards (about 100 truck loads). Summary "Excessive cuts and fills The reason the builder and landowner are before you at all is because they believe you will be more lenient than the County. The Saratoga Planning Commission has already proven them correct in this assumption and this is why we are appealing their action to allow the proposed large building on this high slope site. The reason they want to be annexed into Saratoga is so they can make this more lenient decision possible by being under Saratoga's jurisdiction. We oppose the proposed building approval and spot annex- ation without adequate planning as being a disservice to the citizens and taxpayers of Saratoga and your neighbors. Very truly yo rs, Slemmons Margaret B Slemmons 2 E skyk 1 CARL L. DIERKES ASSOCIATES BOX 495 SARATOGA, CALIFORNIA 95071 TO: City of Saratoga, Planning Department Re: 19288 Bainter Avenue, Saratoga, CA July 31, 1985 Car -rkes 19 7. .ainter Avenue Sa :toga, CA I have reviewed the plans of the proposed home at 19288 Bainter Avenue, Saratoga, CA to be built for Mr. and Mrs. George Hwang by William Young, builder. I support the project as presently designed and have no objections whatsoever. AGENDA BITT• NO. E 9/9/85 (9/18/85) DFi'A: Community Development SUBJECT: Issue Summary Recommendation Fiscal Impacts Reversion to Acreage of three lots, SDR -1596 C W Associates (John'Chu) Quito Road and Montpere Way. The City Council at their regular meeting dated July 17, 1985, approved a eight (.8) lot subdivision for C and W Associates (John Chu):. The approval of this subdivision included the condition that the applicant.f.ile for a reversion to. acreage of the existing 3 -lot subdivision prior to Final Map Approval. This application satisfies that condition. 1. Conduct a public hearing on reversion to acreage. 2. Determine the merits of the request. 3. Staff recommends approval of Reversion to Acreage subject to the appropriate findings of Section 66499.16 of the Subdivision Map Act. None Council Action 9/18: Approved by Resolution 2274. CITY OF SARATOGA Exhibits /Attachments 1. Proposed Parcel Map. 2. Staff Report dated 5/22/85 3. Chapter 6, of the Subdivision Map Act relating to Reversion to Acreage, 4. Resolution Initial: Dept. Hd. P C. Atty. C. Mgr. 44 58'43"W 75.08 i -18 WIOF PSDE 7 3 P5 DE TO BE ELIMINAtS 20' INGRESS EGRESS J EASEMENT AND PSE 1 ee 1R4 t .3 PSDE TO BE ELIMINATED 11 TO BE ELIMINATED Slj D'6. I•'r 10 PEE 4247 A 10` WIDE P5E M N'it0' E 126.10 70 BE ELIMINATED SEWER EASEME. PER 2322 0.8. PG.`.,G7 AND 8K. 8281, O.R. PG. D PROPERTY LINE TO BE ELIMINATED 'y4� t% SET WITNESS PIPE AT INTERSECTION Of S.S.E AND LOT LINE 25' WIDE P5E TO BE ELIMINATED rN1t 26 w (RI PROPERTY 1400 ..0 BE ELIMINATED 2s NMAO'E 4318043 I0' SEWER EASEMENT PER BK 5701 OR. PG 71 01 LANDS OF MEEK FD. MONUMENT BOIL NAIL r w1TNOUTMONUMENT RE WAY Ire. N•EC— MAXIM LANDS OF GRAVES LANDS OF GRAVES N 4R M' 1 74.2E t 14 LANDS OF SLACHLAND M LANDS OF McLEAN s SCVWD EASEMENT PER OK. E 033. O.R.. 9 PG. PC M Fo' K E 30.25 LANDS OF BOWERMAN 41 SET WITH MfE MPE BEARSN A0' E 15.08 FROM NW CO LANDS OF ANSOK TRACT No. 1866 LANDS OF BROYLES LANDS OF LEANDRES LANDS OF ALLEN PARCEL MAP BEING A REVERSION TO 800660E OF L075 A, 8, AND C OF LANDS OF 1808400, RECORDED IN BOOK 437 OF MAPS, PAGES 2-28 AND LYING ENTIRELY WITHIN THE C171 OF 588620GA, CALIFORNIA AND BEING A PORTION OF OUITO RANCHO, SANTA CLARA 730571, CALIFORNIA. EncinEaone CIVIL ENGINEERING SURVEYING CONSTRUCTION CUPERTINO, CA 4408) 257.6452 8` _.'J� 8`. 32'02 E 54 45'56" 175'48'53" 32.0G 98.1 36'35'11" 235.00 150.06 (36`15'02" 235.00 748.68) 9 APN: 403 -24 -5, 6 7 REPORT TO PLANNING COMMISSION *Revised: 7/17/85 City Council Meeting o Sarptogo AO *Revised: 5 /29 /85APPROVED BY: Date: 5/16 /ELATE: Commission Meeting: 5 122 18IT.IALS: APPLICATION NO. LOCATION: SD,:-1596, 13744 Quito Road APPLICANT: John Chu OWNER: The Sumitomo Bank of California. ACTION REQUESTED: Grant Tentative Map Approval for a 10 lot subdivision'. OTHER APPROVALS RECEIVED /REQUIRED: Final Map Approval, Design Review and Building Permits required. Reversion to acreage of previously approved map. ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared for this project. ZONING: R- 1- 10,000 GENERAL PLAN DESIGNATION: Residential Medium Density- Single Family (M -10) EXISTING LAND USE: One single family dwelling and accessory structures. (vacant) SURROUNDING LAND USES: Single Family Residential to the south and west; P.G.& E. easement and S.P.R.R. to the northeast. PARCEL SIZE: 4.27 Acres SLOPE AT BUILDING SITE: Gentle AVERAGE SITE SLOPE: 4.423% NATURAL FEATURES VEGETATION: The site is bordered by Wildcat Creek along the western edge of the property. Oak, maple and fruit and nut trees on site. PROJECT HISTORY: The City Council granted.Final Map Approval (SDR-1342) for e three (3) lot subdivison on the site at its meeting of'November 22,'1978. The owner of the site at that time never pursued the project and has since sold it. This existing map must be reverted to, acreage prior.. to: recordation of any new final map. .At the time of that previous map recordation, the easements for Santa Clara Valley Water District (S.C.V.W.D.) were established on the site. Report to Planning Commission SD -1596; Chu(Sumitomo Bank), Quito Rd. SUBDIVISION ISSUES: 5/16/85 Page 2 The lots proposed in this subdivsion meet minimum standards for lot width, depth and size. Five of these lots (lots 5 through 9) will be substantially constrained in development by .existing and proposed S.C.V.W.D. easements. According to S.C.V.W.D., 75% of Lot 5 is covered by their easement which is not correctly shown on the map. Unless this easement is changed, Lot 5 will not be a buildable site and will have to be deleted from the map. S.C.V.W.D. has also required that the proposed cul-de -sac be located entirely outside of the easement along Wildcat Creek. The cul -de -sac will have to be shortened and this will affect the access to Lots 4 and 5. This problem could be dealt with by having these lots share a common access and driveway. Total cul -de -sac length is over 690 ft. (measured to centerline of Ravenwood Drive) so an emergency or secondary access is required. The applicant proposes an emergency access using the S.C.V.W.D. and Sanitation District easement to connect the end of the cul -de -sac to Quito Road through Lot 5. S.C.V.W.D. has proposed a potential requirement that the 30 ft. wide high pressure pipeline easement running through Lots 6 through 10 be expanded to prevent excessive loads on this pipeline. This could make Lot 8 difficult to develop since it is a very narrow building site. However, even with this easement expansion, an over 3,000 sq. ft. single story structure could be built on the site. Lot 6 has an unusual shape and will probably require an equally unusual building design. A large almond and a large walnut tree will have to be removed to accomodate the proposed cul -de -sac. Since the cul -de -sac must be shortened to stay out of the S.C.V.W.D. easement, a 20" oak originally in the bulb of the proposed cul -de -sac can be preserved. The remaining trees on the site can be preserved. The 18" oak on Lot 5 can be preserved if Lots 4 and 5 share a common driveway and the emergency access road also uses this driveway. Lots 1, 2 and 10 have the potential to create the greatest impact on the adjacent residents to the south. Staff has recommended restrictions on pad elevations and structure heights to prevent adverse impacts. 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. Report to Planning Commission SD -1596; Chu(Sumitomo Bank), Quito Rd. I. GENERAL CONDITIONS 5/16/85 Page 3 A Negative Declaration was prepared and will be filed with the County of Santa. Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: 5/8/85. The Staff Report recommends approval of the tentative map for SD -1596 (Exhibit "B" filed 4/8/85) subject to the following conditions: Applicant shall comply with all applicable provisions of Ordinance 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 at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regu- lations 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. 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. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. Half- Street on Montpere Way. D. Submit "Irrevocable Offer of Dedication" to provide easements, as required. E. Improve Montpere Way to City Standards including the following: 1. Designed Structural Section 15 ft. between centerline and flowline. 2. P.C. Concrete curb and gutter (V -24). 3. Undergrounding Existing Overhead Utilities. F. Submit "Irrevocable Offer of Dedication" to provide for a 50 ft. Half- Street on Quito Road. Report to Planning Commission SD -1596; Chu(Sumitomo Bank), Quito Rd. DIA G. Improve Quito Road to City Standards, including the following: DIA DIA 1. Designed structural section 40 ft. between centerline and flowline. 2. P.C. Concrete curb and gutter (V -24). H. 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. I. Construct access road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from Quito Road to Montpere Way.. Note: a) The minimum inside curve radius shall be 42 ft. b) The minimum vertical clearance above road surface shall be 15 ft. c) Bridges and other roadway structures shall be de- signed to sustain 35,000 lbs. dynamic loading. d) Storm runoff shall be controlled through the use of culverts and roadside ditches. 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 Quito Road from lots. N. Protective planting required on roadside cuts and fills. 0. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction 3. Access Road Construction 5/16/85 Page 4 Report to Planning Commission SD -1596; Chu(Sumitomo Bank), Quito Rd. P. Pay Plan Check and Inspection Fees as determined from Improve- ment Plans. Q. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. R. Enter into "Deferred Improvement Agreement" for the required improvements marked "DIA S. Post bond to guarantee completion of the required improvements. III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional for: 1. Soils 2. Foundation 5/16/85 Page 5 B. Plans to be reviewed by geotechnical consultant prior to build- ing 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 ft. or higher. 4. All existing structures, with notes as to remain or be removed. 5. Erosion control measures. 6. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of County Sanitation Dist. No. 4 as outlined in letter dated 4/25/85. B. Improvement plans to be submitted to the district for review and approval. Report to Planning Commission SD -1596; Chu(Sumitomo), Quito Road V. SPECIFIC CONDITIONS CENTRAL FIRE DISTRICT Si/6/8S Page 6 A. A fire hydrant shall be installed and accepted prior to issuance Of any building permit. Contact should be made with the water company as soon as possible to eliminate engineering delays. 8: Provide overhead clearance of i5 ft. over the road or driveway. All tree limbs, wires, etc., shall be removed. C. Emergency access road shall be provided because cul -de -sac is longer than 400 ft. 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 Company. VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. The proposed cul -de -sac shall not encroach into any portion of any district right of-way. No structures, pools, fences, gates, or major landscaping shall be contained in the S.C.V.W.O. 30 ft. easement along the northern portion of the site. Minor landscaping may be permitted if approved by the district through its permit process. C. The exact location of the 84 inch high pressure west pipeline centerline shall be located in the field and shown on the Tentative Map. D.T. The structures on Lots adjacent to Santa Clara Valley Water Dist. easement shall be setback from 7 to 16 feet from the SCVWD easement line as shown on the plan attached to the district's letter dated May 8, 1985. An easement covering this area shall be transferred to the district. OR 2. Deep building foundations shall be designed so that no loads are transferred to the 84 inch pipe and no damage would occur to the buildings if the pipe is repaired for those portions of the structure within the additional easement in D.I. above. Foundation plans must be submitted for SCVWD review and approval prior to issuance of building permits. E., The tentative and final map shall note that an 84 inch high pressure pipeline is located in the easement and that no structures of any kind, fences, gates or any other blockage can Report to Planning Commission SD -1596; Chu(Sumitomo Bank), Quito Road VIII. SPECIFIC CONDITIONS PLANNING DIVISION 5/166/65 Page 7 be allowed in this easement. This information shall also be recorded on deeds so that future owners are aware of these requirements. 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 Planning Division to evacuate the potential for solar accessibility. The developer shall pro- vide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision /build- ing site. C. Tree removal prohibited unless in accord with applicable City Ordinances. The existing healthy pepper trees located near the southern boundary line of the subdivision shall be preserved. D. Applicant shall file a reversion to acreage for the existing three (3) lot subdivision prior to Final Map Approval. E. The finished pad elevations for lots adjacent to the subdivision to the south shall be at the same level or lower than those existing finished pads. F. All trees that will remain on site shall be protected during construction. Tree protection methodology shall be reviewed and approved by the City tree specialist prior to issuance of building permits. In general, no impervious surface shall be allowed closer than 6 -10 ft. from an existing tree. 6- Lots 4 and 5 shelf use a eemmon driveway 4o preserve the 46= omit on Lot 5- H. An emergency access road shall connect the cul -de -sac to Quito Road using the easement on Eot 5 end common driveway for Eots 4 end 5 Treatment of the emergency access road and gates shall be reviewed and approved by the Planning Commission prior to Final Map Approval. I. The existing S.C.V.W.D. easement on Lot 4 (previously Lot 5 on Exhibit "6 shall be altered as shown on the Tentative Map prior to Final Map Approval. Failing this, the applicant must remove Lot 4 from the map with map alterations subject to Planning Commission review and approval. Adequate access to, and building area for, Lot 4 must be proven prior to Final Map Approval. J. The applicant shall establish CC &R's, to be recorded with the Final Map, covering the following: APPROVED: MF/dsc .P.C. Agenda: 5/22/S5 Report to Planning Commission SD -1596; Chu(Sumitomo Sank), Quito Rd. 5/16185 Page 8 1. No structures, pools, fences, gates or major Landscaping shall be placed within the Santa Clara Valley. District S.C.V.W.D.) easements particularly on Lots 5 (Lot 6, Exhibit "8 through 8. 2. All landscaping plans for the areas within S.C.V.W.D. easements shall be reviewed and approved by S.C.V.W.D. prior to installation or issuance of a S.C.V.W.D. permit. 3. All Lots fronting on the existing Montpere subdivision shall be limited to single story structures no highere than 18 ft. 4. Structures on Lots 5 (Lot 6, Exhibit "8 through 8 (Lot 10, Exhibit "8 shall comply with Condition VII.D. of this staff report. 5. Eefs 3 end 4 shell be etno +e story or stngie story to eppeerence when stewed from the reer feo;xth-3- K. The CC &R's listed above shall be recorded on the deed for each lot and each homeowner shall be informed of these CC &R's prior to any purchase. These CC &R's shall be reviewed and approved by Staff prior to Final Map Approval. L. Replacement trees, in addition to the street trees required by the Subdivision Ordinance, shall be installed to replace those trees over 12" in diameter that will be removed as a result of construction. Landscaping plans showing these trees and the street trees shall be submitted for Staff review and approval prior to issuance of any building permits. Landscaping shall be installed prior to final inspection /occupancy. M. Lots 5 through 9 as shown on Exhibit "8 -1" shall be reduced to four (4) lots for a total of 8 lots in the subdivision (per original street layout Configuration A). Map revisions showing this shall be submitted for staff review and approval prior to Final Map Approval. Michel Flores Planner to the legislative body, and if no such claims have been recorded, the security shall be released in full. Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the local agency for such guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. The legislative body may authorize any of its public officers or em- ployees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with such rules as it may prescribe. [Amended, Chapter 1195, Statutes of 19831 66499.8. Release of security involving another agency In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the local agency shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction. 66499.9. Limitation of liability upon security Any liability upon the security given for the faithful performance of any act or agreement shall be limited to: (a) The performance of the work covered by the agreement between the subdivider and the legislative body or the performance of the required act. (b) The performance of any changes or alterations in such work; provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement. (c) The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the legislative body or the performance of the act. (d) Costs and reasonable expenses and fees, including reasonable attorneys' fees. 66499.10. Recovery method dependent upon form of surety Where the security is conditioned upon the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may be maintained against the holder of such deposit. Where the security takes the form of a surety bond, or surety bonds, the right of recovery shall be in a suit against the surety. Where the security takes the form of an instrument of credit, the cause of action shall be against the financial institution obligating itself on such instrument of credit. 71 Chapter 6. Reversions and Exclusions Article 1. Reversion To Acreage 66499.11. Allows for reversion to acreage Subdivided real property may be reverted to acreage pursuant to the provisions of this article. 66499.12. Legislative body or owners of record may initiate proceedings Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision. 66499.13. Form of petition The petition shall be in a form prescribed by the local agency and shall c ontain the following: (a) Adequate evidence of title to the real property within the subdivi- sion. (b) Sufficient data to enable the legislative body to make all of the determinations and findings required by this article. (c) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion. (d) Such other pertinent information as may be required by the local agency. 66499.14. Fee for processing reversions The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the time of filing the petition for reversion to acreage, or if the proceedings for reversion to acreage are initiated by the legislative body on its own motion shall be paid by the person or persons requesting the legislative body to proceed pursuant to this article before such initiation of proceedings. 66499.15. Public hearing required A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Section 66451.3. 66499.16. Necessary findings by legislative body Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and (b) Either. (1) All owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or (3) No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record. 72 AGENDA BILT, NO. 9'0.13 DATE: 9 /9/85 (9/18/85) DEPA: Community Development =MT: Final. Building Site Approval of SDR -1508, OUDEWAAL, Big Basin Way __L11_ Issue Summary Recommendation Fiscal Impacts Council Action 9/18: Approved. 1. The SDR -1508 is ready for Final Approval 2. All bonds, fees and agreements have been submitted to the City. 3. All requirements for the City and other::agencies have been met. Adopt Resolution No. 1508 -2 attached, approving the final map for SDR 1508. Authorize execution of contracts for improvement agreement. None Exhibits /Attachments CITY OF SARATOGA 1. Resolution NO. 1508 -02. 2. Report to Planning Commission. 3. Status Report for Building Site Approval. 4. Location Map. Initial Dept. Hd. C. Atty. C. Mgr. The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular a meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK RESOLUTION NO. 1508 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Martin Oudewaal The 0.407 acre Parcel shown as Parcel A on the final parcel map prepared by West Fall Engineer, and submitted to the City Engineer, City of Saratoga, be approved as one (1) individual building site. MAYOR MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1508, Martin Oudewaal (have) (h) been met as approved by the Planning Commission on Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication N/A Date Submitted Record of Survey or Parcel Map yes Date Submitted 9/4 /6b Storm Drainage Fee 941.00 Date Submitted 9/4/85 Receipt All Required Improvement Bonds 1100.00 Date Submitted 9/4/85 Receipt# 84 All Required Inspection Fees 1612.00 Date Submitted 9/4/85 Receipt# 2479 Contract Improvement Agreement yes Date Signed 9/4/85 Park and Recreation Fee N/A Date Submitted N/A Receipt# It is, therefore, the Community Development Department recommendation that (CCig.gm.) (Final) Building Site Approval for Martin Oudewaal SDR 1508 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non Compliance Director of Community Development UMW cts REPORT TO PLANNING COMMISSION SUBJECT: SDR -1508, Martin Oudewaal (Saratoga Real II) 14629 Big Basin Way Tentative Building Site Approval -1 lot (Commercial -3 Condominiums) PROJECT DESCRIPTION HISTORY: Amended (9/27/83) Amended (10/28/81) REQUEST: Amendment to previously approved Tentative Building Site Approval to reflect 3 condominium units as approved by the City Council on appeal and request for a one year extension. Please see UP -531, attached, for the basic data on this project. Other details of the project are described in the Design Review application A -793. PROJECT STATUS: Said project complies with all objectives of the General Plan, and all requirements of the Zoning and Sub- division 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. DATE: 10/22/81 Commission Meeting: 10/21/81 The original Use Permit (UP -500) for 4 condominium units expired. The City Council, on appeal, granted UP 531 for 3 units on September 7, 1983. Staff has requested the applicant amend the site approval to conform to this approval prior to action on his request for a one year extension. Report to Planning Commission SDR -1508, Oudewaal and available fiscal and environmental resources. G. Applicant shall, prior to Final Map Approval, submit grading and drainage plans to CAL TRANS for review and approval. 10/22/81 Page 2 A Negative Declaration was prepared and filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project. Said determination date: June 8, 1981. The Staff Report recommends approval of the tentative map for SDR -1508 (Exhibit B filed September 23,1983) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the sub- mission 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; sub- mission of engineered improvement plans for any street work; and compliance with applicable Health Department regu- lations and applicable Flood Control regulations and re- quirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site ap- proval 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. II. SPECIFIC CONDITIONS ENGINEERING SERVICES A. Construct standard driveway approach. B. Provide adequate sight- distance and remove obstructions of view as required. C. Watercourses must be kept free of obstacles which will change, retard or prevent flow. D. Convey drainage water to street, storm sewer or water- course as approved by the Director of Community Development. E. Obtain encroachment permit from CAL TRANS for work done within State right of way. F. Install one (1) Big Basin Way style street light on Big Basin Way. Report to Planning Commission SDR -1508, Oudewaal 10/22/81 Page 3 H. Replace existing concrete curb, gutter, and sidewalk along Big Basin Way as directed by the Director of Community Development. I. All access ways to be a minimum of 18 ft. wide. J. All access ways, parking areas, and other quasi- public paved areas are to be surfaced using a minimum of 21/2" A.C. on 6" aggregate base. K. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval L. 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). M. Obtain encroachment permit from Santa Clara Valley Water District. III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES 1. Geotechnical investigation and report by licensed professional a. Geology b. Soils c. Foundation 2. Plans to be reviewed by geotechnical consultant prior to building permit being issued. 3. Prior to issuance of building permits detailed on-site improvement plans showing the following shall be sub- mitted to the Department of Community Development for review and approval: a. Grading (limits of cuts, fills; slopes, cross sections, existing and proposed elevations, earthwork quantities) b. Drainage details (conduit type, slope, outfall, location, etc.) c. Retaining structures including design by A.I.A. or R.C.E. for walls 3 feet or higher. Report to Planning Commission SDR -1508, Oudewaal d. Erosion control measures 10/22/81 Page 4 e. Standard information to include titleblock, plot plan using record data,.location map, north arrow,. sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer service is available to this project from Big Basin Way. B. The sewer within the complex must be a public one with the necessary grant of a sanitary sewer easement. C. Applicant's engineer shall submit a grading plan showing a suitable location for the sewer within the complex for district review and approval. D. Upon receipt of the grading plan necessary fees will be determined and paid to the district: V. SPECIFIC CONDITIONS SARATOGA FIRE DISTRICT 1. Install an automatic fire sprinkler system for the parking garage and storage rooms in accordance with NFPA pamphlet #13. 2. Provide a 1 hour self closing door for the Parking Garage level stairway. 3. Provide one portable fire extinguisher with a minimum UL rating of 2- A/10 -B:C for each level. The specific location on each level will be designated by the Fire Chief. It is recommended that said ex- tinguishers be installed in break glass cabinets. 4. Provide a fire department hose connection for each level. Hose connections shall be supplied from the street main and controlled with an approved shutoff valve. The size and type of thread for the hose connection will be designated by the Fire Chief. The specific location for each hose connection will be designated by the Fire Chief. 5. The entire building shall have an early warning smoke heat detection system throughout. The signal is to be transmitted by a telephone dialer co the Fire Station and to be designed so as to operate 24 hours on standby power. All plans to be approved by Fire Chief prior to issuance of building permit. 6. Provide emergency lighting for hallways and stairways on each level as well as the Parking Garage. Said lighting shall be illuminated when power to the building is dis- connected. Report to Planning Commission SDR -1508, Oudewaal 7. Fire places shall be maintained with spark arrestors constructed with heavy wire mesh or other non combustible material with opening not to exceed one half inch (2'). 8. All electric gates shall be approved by the Fire Chief prior to installation. VI. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. A sanitary sewer connection will be required. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation District 'No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Erosion protection of the bank shall be provided by the owner prior to issuance of Certificate of Occupancy. B. Right -of -way along creek to be dedicated as shown on map to Santa Clara Valley Water District and /or City of Saratoga. Owner shall contact the Real Estate Division regarding transfer of right -of- way. C. Owner shall accept all liability for the proposed concrete pad in the right -of -way. 10/22/81 Page 5 D. Incorporate site drainage into an existing storm drain system. Design any new outfall into the creek to serve the general area to minimize the number of future outfalls. Outfall structure details shall be submitted to the District for review and issuance of a permit to advertising for construction. E. Owner shall show any existing well(s) on the plans and inform the District of their proposed use. F. A fence at least 42 inches high shall be installed between the development and top of creek bank. Show details.of any fencing in the improvement plans. 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 Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportuni- ties on /in the subdivision /building site. Report to Planning Commission 10/22/81 SDR -1508, Oudewaal Page 6 C. The applicant shall landscape all portions of the public right of -way that are to remain unimproved. Landscaping and irrigation plans shall be submitted to the Permit Review Department for review and approval. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right of -way improvements. D. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right of -way. The applicant shall maintain these landscaped areas for a minimum of one year after which the homeowners association shall be responsible for maintaining the landscaped areas. E. A11 individual lot owners shall be required to become members of a homeowners association for the express purpose of maintaining all landscaped areas within the public right -of -way. The C.C. R's of the homeowners association shall be reviewed and approved by the Permit Review Department, prior to final approval. F. C.C. R's shall state that the City has the right but not the duty to enforce the C.C. R's. The C.C. R's shall not be amended without written consent from the City of Saratoga. G. A Geotechnical Investigation shall be conducted as described in the City Geologist's letter dated October 22, 1981. The results of the investigation shall be reviewed and approved by the City Engineer and City Geologist prior to issuance of a building permit. IX. COMMENTS Approved: MF:jd Tree removal prohibited unless in accord with applicable City Ordinances. P.C. Agenda: *As amended 10/28/81 10/28/81 Planning Commission Meeting /"N,,z,( Mic ael Flores Assistant Planner LOCATION MAP SDR 1508 S AGENDA BILL NO. C DATE: DEPARTMENT: Community Development CITY OF SARATOGA Initial: Dept. Hd. 9 -9 -R5 (9- 1R -85) C. Atty. C. Mgr. Final Approval SDR -1572, Richard Ward Glasgow Drive (2 lots) is D Issue Summary 1. SDR -1572 is ready for final approval 2. All bonds and agrements have been submitted to the City. 3. All requirements for City Departments and other agencies have been met. Recommendation Adopt Resolution No. 1572 -02 attached approving the final map of SDR -1572 Fiscal Impacts None Exhibits /Attachnents 1. Resolution No. 1572 -02 2. Report to Planning Commission 3. Status Report for Building Site Approval 4. Location Map Council Action 9/18: Approved. SECTION 1: AYES: NOES: ABSENT: ATTEST: CITY CLERK RESOLUTION NO.1572 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Richard Ward The City Council of the City of Saratoga hereby resolves as follows: The 0.287 acres and 0.34 acres Parcels shown as Parcel A and B on Final Parcel Map, prepared by Kevin Fisher and submitted to the City Engineer, City of Saratoga, be approved as two (2) individual building sites. 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 by the following vote: MAYOR C ULt_MW 04 Ungi REPORT TO PLANNING COMMISSION SUBJECT: SDR -1572, V -645, Richard Ward, 20472 Glasgow Drive, Tentative Building Site Approval 2 lots and Variance for existing 27.4'rear yard. ACTION REQUIRED: Approval of Tentative Building Site Approval and Grant of Variance for a 27.4' rear yard. OTHER APPROVALS RECEIVED /REQUIRED: Final Building Site Approval and Design Review Approval for any new residence on Parcel A. PLANNING CLASSIFICATION ZONING: R- 1- 12,500 GENERAL PLAN: Medium Density Single Family (M -12,5) SITE DATA PARCEL SIZE: Parcel A 12,500 Sq. Ft. Parcel B 14,103 Sq. Ft. NATURAL FEATURES VEGETATION: Several significant trees including a 24" Eucalyptus, 32" Fir, 28" Palm and 4' Pine. The lot is 4 -5' higher:than the adjacent lot to the north. AVERAGE SITE SLOPE: 2.5% ORDINANCE COMPLIANCE SETBACKS Front 53' Rear 27.4' Parcel B Left Side 58.3' Right Side 10' HEIGHT: Existing Two Story Structure on Parcel B DATE: 6/6/84 Commission Meeting: 6/13/84 Report to the Plannin SDR -1572, V -645 STAFF ANALYSIS: The site is part of Tract 4826 which received Final Approval in 1971. The tentative map for this tract showed two lots on the subject site. However, it appears that the owner created 1 lot out of the two on the tentative map,'saving the large older house and the significant trees on site. The house is not on the City's historical list but it may have some historical significance. It has a rear setback of 27.4' where 35' is required (since it is a 2 -story home). This requires a variance because of the City policy of correcting any ordinance violations prior to site approval. The side setback for the home and width of Parcel A are critical for this application. The following approval is based on a 10' side set- back for the existing home and a 90' lot width for Parcel A. A condition is suggested by the Staff Report to measure these two dimensions in the field prior to Final Map Approval. Another concern for the site is the build ability of Parcel A given the location of the trees on the site. On inspection of the site it appears that the 28" Palm is mislocated on the map. It is closer to the pro- posed lot line splitting the property. Additionally, the 24" Eucalyptus and 32" Fir are significant trees. The fir has a spread of approximately 20' in diameter. It will be difficult to locate a residence on the site without removing at least 1 tree. VARIANCE FINDINGS: V -645 C 6/6/84 Page 2 1. There is physical hardship associated with the land regarding the existing home in that it is a main structure already built. It would be an unnecessary physical hardship to require removal of the residence since it was in compliance with the ordinances of the City at incorporation and its impact on the neighbors is minimal. 2. Exceptional circumstances applying to this lot relate to the improvement and widening of Saratoga- Sunnyvale after the development of the house. Additionally, the main structure may have some historical significance within the neighborhood. 3. Requiring removal or relocation of the main structure would be a denial of common privilege since if the lot were vacant, the costs and physical hardship of moving the structure would not be incurred. 4. The granting of this variance, would not be a grant of special privilege since exceptional circumstances exist. 5. The use will not be ..detrimental to the community or injurious to the properties in the vicinity. RECOMMENDATION: Staff recommends approval of the variance for the main structure per the Staff Report and Exhibit "B" dated May 9, 1984. Report to the Planni "n Commission SDR -1572, V -645 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: June 5, 1984 The Staff Report recommends approval of the tentative map for SDR -1572 (Exhibit "B-1" filed June 7, 1984) subject to the following conditions: I. GENERAL CONDITIONS II. SPECIFIC CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT 6/6/84 Page 3 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. 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. No direct access allowed on "Saratoga- Sunnyvale Rd.'.' from lots. D. Obtain Encroachment Permit from the Dept. of Community Development for driveway approaches or pipe crossings of City Street. E. Comply with any conditions of Cal Trans. Report to the Plannirj Commission SDR -1572, V -645 6/6/84 Page 4 III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1. Foundation B. Bonds required for condition C. C. Other requirements: Existing structures to be brought to current Building, Plumbing, Electrical and Mechanical Codes based on a report by appropriately licensed professional. IV. SPECIFIC CONDITIONS SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of County Sanitation District No. 4 as outlined in letter dated May 23, 1984. V. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation_District No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VI. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. VII. SPECIFIC CONDITIONS PLANNING DEPARTMENT A. Prior to Final Map Approval, the 10' side setback and 90' width are to be staked in the filed and checked by the Director of Community Development. B Design Review Approval required on project prior to issuance of permit. Care is to be taken to preserve the existing significant trees on site. A deposit fee is to be submitted so that the City's horticultural specialist can review and comment on the plans for the Planning Commission Review. C Prior to issuance of building permits 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 /in the subdivision/ building site. Report to the Plann( Commission t 6/6/84 SDR -1572, V -645 Page 5 VIII. COMMENTS APPROVED A. Tree removal prohibited unless in accord with applicable City Ordinances. KK /b j c P.C. Agenda 6/13/84 4/1 ?-te:A4 cf Kathy Kerdus Planner '.MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1572 Richard Ward (have) (fix) been met as approved by the Planning Commission on 6/1 Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication N.A. Date Submitted RVEiAP i Parcel Map yes Date Submitted Storm Drainage Fee $1300.00 Date Submitted 6/27/85 Receipt 77 6 All Required Improvement Bonds N.A. Date Submitted Receip All Required Inspection Fees 200.00 Date Submitted 6/27/85 Receipt #7706 Building Site Approval Agreement N.A. Date Signed Park and Recreation Fee $2600.00 Date Submitted 6/27/85 Receipt #7706 It is, therefore, the Community Development Department recommendation that giond €q (Final) Building Site Approval for SDR- 1572 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Robert S. Shook Richard Ward Reason for Non Compliance Director of Community Development :y:� MINIM III.. IMMO". am �s-t_t�criw -7ewR 1111111111111101111111 u.si.IpII o �111111111Ew W 1 /I B RA l 111 azzAlw litaloolOks II If, 4, 04 ex 1 0, s v u 2.4* N. 10% woo ow 0 ms s v. ay. 44 V NI 1 444 90 Ow a AGENDA BILL NO Initial: 9J�� Dept. Hd. DATE: 9 -9 -85 (9- 18 -85) DEPARTMENT: Community Development SUBJECT: CONSTRUCTION ACCEPTANCE AND RELEASE. OF MONUMENT BOND OF TRACT 7495, TRICIA WAY, WILSON DEVELOPMENT Issue Summary The public improvements required for the subject tract have been satisfactorily completed. This "construction acceptance" will begin the one (1) year maintenance period. All monuments have been completed for this tract. Recommendation Grant "construction acceptance" and release monument bond for Tract 7495. Fiscal Impacts None Exhibits/Attachments 1. Memo describing development and bond Council Action 9/18: Approved. CITY OF SARATOGA C. Atty. C. Myi OEUW TV 00 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council FROM: Director of Community Development SUBJECT: Construction Acceptance for Tract 7495 DATE: 7 -30 -85 Name Location: Wilson Development, Inc., Tricia Way Public Improvements required for Tract 7495 have been satisfactorily completed. I, therefore, recommend the City Council accept the improvements for construction only. This "construction acceptance" will begin the one (1) year maintenance period. During that year, the improvement contract, insurance and improvement security will remain in full force. The following information is included for your use: 1. Developer: Wilson Development Address: 14370 Saratoga Avenue Saratoga, Calif. 95070 2. Improvement Security: Type: Cash and Security Bond Amount: Cash $10,000, Security Bond $95,000 Issuing Company: Amwest Surety Insurance Co. Address: P. 0. Box 4500 RSS /dsm Wnn1land Hills, Calif. 91365 Receipt, 14 -Q -C t i- ee.t -e--f #5153 3. Special Remarks: Release Cash Bond of $10,000 Robert 1S Shook ti T EOIRANDUM UMW off 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867- 34 38 TO: City Manager FROM: Director of Public Works SUBJECT: Release of Monument Bond for Tract 7495 Name Location: Tricia Way, Wilson Development All public street monuments for Tract 7495 have been in- stalled, verified in writing by the engineer or surveyor and are acceptable to us. The engineer or surveyor has also verified he has received payment for placing the monuments. Therefore, I recommend the City Council approve the release of the monument bond posted by the developer. The following information is submitted for your use: 1. Developer: Wilson Development, Inc. RSS /dsm Address: 14370 Saratoga Avenue 2. Bond Type:. Security 3. Bond Amount:$10,000 6. Special Remarks: Saratoga, Calif. 95070 Address: P. 0. Box 4500 4. Bond, C- r- t3 -f or Ree —i-pt 1049627 5. Issuing Company: Amwest Surety Insurance Co. DATE: 7 -30 -85 Woodland Hills, Calif. 91365 AGENDA BILL NO. 932 DATE: 9/9/85 (9/18/85) DEPARTMENT: Community Development CITY OF SARATOGA SUBJECT: Reversion to Acreage of two (2) lots. Bryce L. Reynolds, Parker Ranch Road, Vista Arroyo Court and Farr Ranch Road OMB Issue Suunnaiy The applicant is requesting that two '(2) contiguous lots, both under his ownership, be reverted to acreage (become one (1) lot) at the corner of Parker Ranch Road, Vista Arroyo Court and Farr Ranch Road in the R -1- 40,000 zoning district. All improvements were installed under Parker Ranch Tract 6528. Mr. Reynolds wants to construct a small addition to the existing house and accessory structure on one lot. The gross floor area of all structures on site will then total 7106 sq. ft. The design review standard for this zon- ing'.district is 6200 sq. ft. Therefore Mr.'Reynolds wants to revert to acreage two lots into one so that he can construct a small addition and accessory structure. The Planning Commission suggested and supports Mr. Reynold's request. Recommendation 1. Conduct a public hearing on the reversion to acreage. 2. Determine the merits of the request. Initial: Dept. Bd. C. Atty. C. Mgr. None Fiscal Impacts 3. Staff recommends approval of the reversion to acreage subject to the appropriate finding of Section 66499.16. Exhibits /Attachments 1. Proposed Parcel Map 2. Chapter 6 of the Subdivision Map Act relating to Reversion to Acreage 3. Letter of request from applicant 4. Resolution Council Action 9/18: Approved Resolution 2275. LEGEND INDICATES 0X151.3/4 IRON PIPE IUNLESS NOTED). O• INDICATES EXIST. STD. CITY MONUMENT ----DISTINCTIVE BORDER ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. THE DISTINCTIVE BORDER INDICATES THE BOUNDARY OF LAND SUBDIVIDED BY 71115 NAP. THE AREA WITHIN THE DISTINCTIVE BORDER IS 2.130 ACRES. BASIS OF BEARINGS THE BEARING S 20.44'26" ALONG THE CENTERLINE VISTA ARROYO CT. AS SHOWN ON THE MAP OF TRACT NO.6528, THE PARKER RANCH, FILED IN BOOK 499 OF MAPS, PAGES 55 THRU 41, SANTA CLARA COUNTY RECORDS. DISTINCT IV BORDER LOT IS Tr. 652 8 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA S.S. ON THIS _DAY OF 1585, BEFORE ME. THE UNDERSIGNED, A NOTARY PUBLIC IN ARO FOR SAID COUNTY a 5TATE PERSONALLY APPEARED 0610L1215.0 8 LOVA_L_IMNOLDS WHO PROVED TO 06 ON THE BA 515 OF SATISFACTORY `VI DENCE TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT AS OWNER ANO ACKNOWLEDGED THAT THEY ENECUTED THE SANE. WI INESS 01 HAND AND OFFICIAL SEAL THE DAY AND YEAR FIR5T ABOVE WRITTEN. MY COMMISSION EXPIRES NOTARY PUBer174 AND FOR SAID COUNTY a STATE PARCEL R 2.130 AC. GRACE E. CORY CITY CLERK BY LOT 18 TR.6526 CERTIFICATE OF CITY CLERK 1 HEREBY CERTIFY THAT THIS PARCEL MAP, BEING A REVERSION TO ACREAGE WAS APPROVED BY THE CITY COUNCIL OF THE CRY OF SARATOGA, STATE OF CALIFORNIA, BY RESOLUTION 140 AT* DULY AUTHORIZED MEETING HELD ON THE DAY OF 1965 THE DEVELOPMENT OF THIS IS SUBJECT TO CONDITIONS OF TRACT N0.6526 AND TRACT 00.8528. CITY OF SARATOGA 1983. P RC EL AP OWNER: LOVA L. REYNOLDS TIN ONE SHEE BEING A REVERSION TO ACREAGE OF LOT 19, OF TRACT 80.6526, RECORDED IN BOON 14 OF MAPS ,PAGES 23. 07 AND LOT 1• of Tract No.6529, Ths Parker Ranch Unit Two, Recorded In Book 499 of Maps Pages 35 -41 and Lying Entirely Within the CITY OF SARATOGA, CA. JENNINGS MC DERMOTT HEISS,Inc. civil engineers land planners, son jose AUG. 19135 BCALE "0 BO' ,S'LIRVFYAR'S AFRTIFICATEI THIS MAP WAS PREPARED BT K DA INKIER MT DIRECTION IMO WAS C0MPI LEO PROM RECORD DATA IN CONFORMANCE 11I10 THE ACQUIREMENTS OP THE CKDIY1110N NAP ACT AT THE MEDIUM OF BRYCE REYNOLDS IN AUG. 1989. 1 HE06111 STAt6 THAT THE PARCEL MAP PROCEDURES OF ML LOCK AGENCY HAVE SEEN COMPLIED VIM AND THAT THIS NAP 60NF0RM1 TO THE APPROVED TENTATIVE NM 11 ANY ROBERT G. Mr OERMOTT L.S. 2734 p•CARAFR'S CERTIFICATFI 101[0 THIS _OAT OF NB5 AT M IN E006 01 HMS. PASS �T TML l[QKST 01 A06000 G. MC0LAM0TT. L AU RN[ «t COVNT• 002000 R OT 0011175 CITY ENGINEERS CERTIFICATE THIS MAP CONFORMS 5110 THE REQUIREMENTS OF ME SIWDIYISIDN MIA ACT AHD LOCAL ORDINANCE. ROBERT S. SHOOK R C.E )4897 BATE 73 W 'SENT DCgRTIFICATEI ME UNDERSIGNED MEREST CERTIFIES THAT WE ARE ALL 1M! PARTIES HAVING ANT 800000 TITLE 1 IM 610 TO THE REAL PRO1EATT INCLUDED 911016 THE DISTINCT. IVE BORDER SHOWN 0108 ME WITHIN MM, THAT YE AU TM ONLY PERSONS 1601E COITTT11 ARE NECESSARY 010 THAT WE 00 ESEES CORM? /0 THE PREPARATION ANO 00100001108 or SAID PARCEL MAP, BEING 4 REVERSION TO ACREAGE OF THOSE LANDS WITHIN THE 015T1NCTIVE BORDER LINE. THIS LOT 10 NOT RE SUBDIVIOABLE AND THE DEVELOPMENT OF THIS PARCEL 15 SUBJECT TO CONDITIONS OF TRACT NO. 8526.AN0 TRACT N0. 6528. BRYCE L. REYNOLDS J.M.H. 2713 0 to the legislative body, and if no such claims have been recorded, the security shall be released in full. Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the local agency for such guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. The legislative body may authorize any of its public officers or em- ployees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with such rules as it may prescribe. [Amended, Chapter 1195, Statutes of 19831 66499.8. Release of security involving another agency In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the local agency shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction. 66499.9. Limitation of liability upon security Any liability upon the security given for the faithful performance of any act or agreement shall be limited to: (a) The performance of the work covered by the agreement between the subdivider and the legislative body or the performance of the required act. (b) The performance of any changes or alterations in such work provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement. (c) The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the legislative body or the performance of the act. (d) Costs and reasonable expenses and fees, including reasonable attorneys' fees. 66499.10. Recovery method dependent upon form of surety Where the security is conditioned upon the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may be maintained against the holder of such deposit. Where the security takes the form of a surety bond, or surety bonds, the right of recovery shall be in a suit against the surety. Where the security takes the form of an instrument of credit, the cause of action shall be against the financial institution obligating itself on such instrument of credit. 71 Chapter 6. Reversions and Exclusions Article 1. Reversion To Acreage 66499.11. Allows for reversion to acreage Subdivided real property may be reverted to acreage pursuant to the puovisions of this article. 66499.12. legislative body or owners of record may initiate proceedings Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision. 66499.13. Form of petition The petition shall be in a form prescribed by the local agency and shall contain the following: (a) Adequate evidence of title to the real property within the subdivi- sion. (b) Sufficient data to enable the legislative body to make all of the determinations and findings required by this article. (c) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion. (di Such other pertinent information as may be required by the local agency. 66499.14. Fee for processing reversions The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the time of filing the petition for reversion to acreage, or if the proceedings for reversion to acreage are initiated by the legislative body on its own motion shall be paid by the person or persons requesting the legislative body to proceed pursuant to this article before such initiation of proceedings. 66499.15. Public hearing required A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Section 66451.3. 66499.16. Necessary findings by legislative body Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and (b) Either. (1) All owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or (3) No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record. 72 Mr. Arjan Idnani City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 RE: Reversion to Acreage Lot 19 Tract 6526 and Lot 14 Tract 6528; Parker Ranch Subdivision Dear Mr. Idnani: We wish to do a reversion to acreage for the referenced lots in the Parker Ranch Subdivision. Please schedule us on the September 18 City Council Meeting if at all possible. You should have already received under separate cover the necessary materials from Mr. Bill Heiss. Thanks for your help. Sincerely, Bryce Reynolds September 4, 1985 Bryce L. Reynolds 12182 Parker Ranch Road Saratoga, CA 95070 RECEIVED S EP0 6798.. COMMUNITY DEVELOP;,:.,,, f, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERTING TO ACREAGE CERTAIN LOTS IN TRACT 6526 and 6528, PARKER RANCH UNIT NO. 1 AND 2 AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, Bryce L. Reynolds is the sole owner of Lots Nos. 19 and 14 of Tract 6528 and 6526, Parker Ranch Units No. 1 and 2; and WHEREAS, Bryce L. Reynolds has requested that said real property be reverted to acreage in the manner and form as set forth hereinafter; and WHEREAS, on September 18, 1985 the City Council of the City of Saratoga held a duly noticed public hearing at the request of Bryce L. Reynolds for said reversion to acreage, and after the closing of said public hearing, reviewed and considered applicant's request, staff reports, and other evidence presented to the Council at said public hearing; NOW, THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES as follows: (a) Lots 19 and 14 are combined into one lot and returned to acreage. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 18th day of September, 1985 by the following vote: AYES: NOES: ABSENT: ATTEST: 1. The City Council makes the following findings: (a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or pro- spective public purposes. (b) All owners of an interest in the real property being reverted to acreage have consented to said reversion to acreage. 2. Having made the above findings: MAYOR AGENDA BILL NO. 9:9Z DATE: 9/9/35 (9/18/85) DEPT: Community Development SUBJECT: Issue Summary_ Recom endation Fiscal Impacts Exhibits /Attachments 1. Resolution No. 1545 -02. 2. Report to Planning Commission, 3. Status Report for Building Site Approval. 4. Location Map. Council. Action 9/18: Approved. NONE CITY OF SARATOGA Initial: Dept. Hd. Final Building Site Approval, SDR -1545, Warren "Sturla Cox Avenue and Saratoga Creek, (1 lot) C. Atty. C. Mgr. 1. SDR -1545 is ready for final approval. 2. All bonds, fees and agreements have been submitted to the City. 3. Requirements for City and other agencies have been met. Adopt Resolution No. 1545 -02 attached, approving the final map for SDR -1545 and authorize execution of contract improvement agreement. SECTION 1: AYES: NOES: ABSENT: ATTEST: CITY CLERK RESOLUTION NO. 1545 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF WARREN STURLA The City Council of the City of Saratoga hereby resolves as follows: The 0.462 acre Parcel as shown Parcel 1 on the final parcel map prepared by West Fall Engineer 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 i meeting held on the day of 19 by the following vote: MAYOR MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1545. Warren Sturla (have) XXX)X4 been met as approved by the Planning Commission on Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication YES Date Submitted 9/6/85 Record of Survey or Parcel Map yes Date Submitted 9/6/85 Storm Drainage Fee 1 Date Submitted 9/9/85 Receipt 8455 All Required Improvement Bonds 1500.00 Date Submitted 9 Receipt# 8455 All Required Inspection Fees 1 /40.UU Date Submitted 9%9/85 Receipt# 7767 Contract .Improvement;Agreement- yes_ Date Signed 9/9/85 Park and Recreation Fee N/A Date Submitted Receipt# It is, therefore, the Community Development Department recommendation that (UMAIXgn n "(Final) Building Site Approval for Warren Sturla SDR- 1545 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non Compliance 1640 Ro•.' •''S. S o0 D ector of Community Development SUBJECT: ZONING: P -A SITE DATA: SITE SLOPE: +3% REPORT TO PLANNING COMMISSION HEIGHT: 24 ft. SIZE OF STRUCTURE: 5,250 sq. ft. GB off '`s' o C� r,"r.0 r Revised 3/28/84 DATE: 3/20/84 Commission Meeting: 3/28/84 A -900, V -615 SDR -1545 Warren Sturla (Dragon Daic), Cox and Saratoga Creek, Tentative Building Site Approval 4 Office Condo- minium Lots REQUEST: Tentative Building Site, Variance for a side setback and Design Review Approvals to construct 4 office condominiums. 'OTHER APPROVALS REQUIRED: Final Building Site Approval and Building Permit. 'PLANNING DATA: +20,141 sq. ft. GENERAL PLAN DESIGNATION: Commercial- Professional Administrative SURROUNDING LAND USES: Vacant Professional Office lands to the east and south, Saratoga Creek to the west and residential to the west and north. NATURAL FEATURES VEGETATION: Saratoga Creek riparian area to the west, native grasses on site. PROJECT CONSIDERATIONS: HISTORY: The owner of the property received tentative building site approval for p acing c ng an office structure on the site on 6/25/83 which did not provide for condo miniumizing the offices. (SDR -1461, report attached). Two extensions have been granted on this approval. SETBACKS: Front: 25 Ft. Rear: 68 Ft. Left Side: 15 Ft.. Right Side: 141/2 Ft. Proposed (15'5" required) Report to Planning Commission A -900, V -615 SDR -1545 Sturla, Cox Saratoga Creek COVERAGE: 26% LANDSCAPING: 30% (with car overhangs included) 27% (excluding car overhangs) 3/20/84 Page 2 COLORS MATERIALS: Building will have a wood exterior with redwood or cedar stain and use brown tile or shake roofing. REFUSE: The site plan indicates a trash enclosure on the southwest corner in the landscape strip. Staff is recommending that the container be moved out of the landscaping and onto the 10'6" unused space in front, and that it be completely enclosed with 6 ft. fencing. The space in front is not included as a parking space because there is no backup and the stall length would be substandard without the overhang. Moving the trash enclosure into this space would have several benefits; first, it would preserve more landscaping, second, it would result in more_ease in moving the container in and out of the enclosure and, third, it would preclude parking in this space. RELATIONSHIP WITH ADJACENT STRUCTURES: There are residential homes across Cox Avenue to the north, Saratoga Creek to the west and vacant land zoned for office use to the east and south. ADDITIONAL CONCERNS OR COMMENTS: The parking lot, as proposed, does not have a standard turnaround space at the end. However, the applicant has revised his previous plans so that a maximum of 5' will be available as maneuvering space. Report to Planning Commiss A -900, V -615 SDR -1545 Sturla, Cox Saratoga Creek 3/20/84 Page 3 DESIGN REVIEW BACKGROUND: The project site is part of a 16+ acre complex zoned for office use. A significant portion of this area is undeveloped. Tracts #3318 and #3454 have been developed with medical offices. These offices were restricted by CC R's recorded in September, 1963, which limited the floor area to an average of 3,570 sq. ft. on an average lot size of approximately 18,000 sq. ft. SITE CHARACTERISTICS: The project site has several unique characteristics. First, it is a corner lot which will be one of the entrance points to this future com- plex of professional and administrative office. The proposed site plan is very similar to existing medical offices fronting Cox Avenue to the east and will be reinforcing this development standard for setbacks, parking, sidewalks and landscaping required of future projects along Saratoga Creek Drive. Second, this site is bordered by Saratoga Creek and a stand of mature trees which are a valuable scenic resource for this area. Development along the creek could enhance this unique feature by appropriate landscape treatments, particularly landscaping to screen and soften the parking areas. PROJECT CONSIDERATIONS: Site Plan Changes: The original proposal indicated landscape and parking easements on the adjoining site in order to satisfy development requirements. The applicant has modified the building and reduced the exterior dimension which results in the accomodation of all the parking and landscaping within the property boundaries. The interior floor area has been reduced to 5,250 sq. ft. The applicant is no longer requesting compact parking for the site. Coverage: The applicant is proposing a 5,250 sq. ft. building on a 20,141 sq. ft. lot re- sulting in 26% coverage. Existing medical office buildings in the area average approximately 20% coverage. Landscaping: A landscape plan has been submitted which shows plantings similar to landscap- ing around the medical offices to the east. The plan also indicates a 5 ft. landscape strip along the southern property line which includes a 22 ft. car overhang. Under preliminary plans for the adjoining office site, this 5 ft. strip would be combined with a 3 ft. land- scape strip on the adjoining site, which would create 8 ft. of landscaping between the parking lots of the two sites. There is some low ground cover indicated along the western perimeter of the parking lot. Along this perimeter, the applicant has indicated his intention to provide additional land- scaping on what is currently City -owned property, in order to screen the parking lot and headlights from the residence -on the opposite side of the creek. Staff does not anticipate unreasonable impacts to this residence due to the distance, existing vegetation along the creek and the limited nighttime use of the office building. While additional landscaping would be nice if City approval could be obtained, staff is not recommending that it be a condition of approval. Report to Planning Commissic,.- 3/20/84 A -900, V -615 SDR -1545 Sturla, Cox Saratoga Creek Page 4 Staff is recommending that liquidamber not be planted in the landscape strip along the southern boundary. The root system on these trees is inappropriate for small spaces and it does drop both leaves and seed pods which causes maintenance problems. A tree with a canopy for shade in the summer might be more suitable. Parking: Parking Required: 26 spaces (1 space /200 sq. ft.) Parking Provided: 25 standard (92' x 20') 1 handicapped 26 Total Spaces The parking ordinance allows for a 9'6" parking stall width when double striping is provided. The City's standard details for parking also allows a 22 ft. overhang to.be considered as part of the required 20 ft. stall length. No compact spaces are proposed. Sidewalks: The applicant is proposing minimum pedestrian walkways along Saratoga Creek Dr. which is consistent with existing offices in the area and a city -wide standard of limited sidewalk pavement. The Commission may, at this time, wish to review the provision of ped- estrian walkways and wheelchair access for this large professional and administrative office complex, as this will be an employment center as well as a service center. Design Considerations: Because there is little variation in building depth on the front elevation facing Cox Ave., staff is recommending that more variation be introduced in the window treatment to provide for some architectural relief. This could be accomplished by varying the size or placement of the windows. RECOMMENDATION: Staff recommends approval per the Staff Report dated 3/20/84, Exhibits "B, C and D subject to the following conditions: 1. Prior to issuance of grading permits, the applicant shall construct temporary 4 ft. fencing along the western property line in order to protect Saratoga Creek and the trees along the creekbed from construction activity and debris. 2. The applicant shall provide a trash enclosure with fencing at least 5 Ft. in height or 1 Ft. higher than the container, whichever is greater. 3. Minor reductions in building size and minor changes in the building elevations may be approved by the Permit Review Division. 4. Building plans shall $how double striping for the parking stalls and "No Parking" lettering on the space in front of the trash enclosure. Striping and lettering to be completed prior to final occupancy. 5. Windows on the north elevation shall be varied in size or placement to provide for some architectural relief. Report to Planning Commission A -900, V -615 SDR -1545 Sturla, Cox Saratoga Creek 3/20/84 Page 5 VARIANCE The applicant is requesting a variance for a 142 ft. right sideyard setback where a 15'5" setback is required. Side Yard Setback The P -A zoning district requires that the minimum sideyard be 10% of the lot width and additionally: "One foot shall be added to a side yard for each five feet by which a wall of the structure within twenty -five feet of a side property line exceeds forty feet in length, parallel or approximately parallel to the side property line." (Sec. 6.7.C) The intent of this Section is to reduce the visual impact of long stark walls and, where office buildings are adjacent to each other, to increase the distance between structures in order to lessen the "alley" effect. The proposal does maintain more than the minimum setback of 13 ft., but does not meet the requirements of the additional setback due to the wall length. FINDINGS 1. Strict or Literal Interpretation Physical Hardship Sideyard Setbacks: The prupose of the increased setback is to reduce the impact of long, stark walls or an alley effect between buildings. The enforcement of this section does impose the unnecessary hardship, as the normal setbacks will not produce this effect with this proposal. 2. Exceptional or Extraordinary Circumstance Sideyard Setbacks: The setback area in question does border the Saratoga Creek riparian area, instead of adjoining residential or other office development and this constitutes exceptional circumstance. 3. Common Privilege Sideyard Setbacks: The strict interpretation of the additional setback requirement does deprive the applicant of the common privilege to reasonably develop the site as the building meets the base setback requirement and enforcing the additional setback would not achieve the benefit intended by the regulation. 4. Granting of Special Privilege Sideyard Setbacks: The granting of this variance would not constitute granting of special privilege as there is exceptional circumstance concerning the sideyard setback adjacent to Saratoga Creek. 5. Public Health, Safety and Welfare Sideyard Setbacks: The proposal would not be detrimental to the public health, safety or welfare. RECOMMENDATION FOR SIDEYARD SETBACKS: Staff recommends approval per the Staff Report dated 3/20/84 and Exhibit "C Report to Planning Commis 3/20/84 SDR -1545, V 615 A 900 Sturla, Cox Saratoga Creek Page 6 BUILDING SITE APPROVAL 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 filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project. Said determination date: 8/9/78. The Staff Report recommends approval of the tentative map for SDR -1545 (Exhibit "B -2" filed Feb. 8, 1984) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance 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 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 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 required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT A. Construct standard driveway approach. B. Dedicate and improve Saratoga Creek Drive to provide for a 25 foot half street (reconstruct as to currently required City Standards). C. Watercourses must be kept free of obstacles which will change, retard or prevent flow. D. Convey drainage water to street, storm sewer or watercourse as approved by the Director of Public Works. E. Underground utilities (poles, pipes, etc.). F. Engineered improvement plans required for street, pedestrian walkway and storm sewer construction. G. Provide standard pedestrian walkway along Cox Avenue (remove pole presently in walkway). H. No vehicular access is to be allowed to Cox Avenue. I. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. J. Submit "Parcel Map" to City for checking and recordation (pay required checking and recordation fees). (If Parcel Map is shown on existing map of record, Report to Planning Commission SDR -1545, V -615 A -900 Sturia, Cox Saratoga Creek 3/20/84 Page 7 submit three (3) to -scale prints). K. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. L. Obtain Encroachment Permit from the Dept. of Community Services for driveway approaches or pipe crossings of City Street. M. Pay Plan Check and Inspection fees as determined from Improvement Plans. N. Enter into Improvement Agreement for required improvements to be completed with- in one (1) year of receiving Final Approval. 0. Post bond to guarantee completion of the required improvements. P. Overlay Saratoga Creek Drive for its entire width and length with 12 inches asphalt concrete if trenching for storm or sanitary sewer is required. III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Soils and foundation report required prior to issuance of building permits. B. Existing utilities on property to be undergrounded (consistent with the Ordinance). IV. SPECIFIC CONDITIONS SANTA CLARA COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of Sanitation District No. 4. V. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Santa Clara County Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VI. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Dedicate right -of -way along entire creek frontage to Santa Clara Valley Water District. B. All grading adjacent to the Santa Clara Valley District right -of -way to be done in accordance with sheets 20 -20B of said agency. Details of grading to include the cross sectional view at the right -of -way and are to be shown on the Improvement Plans. Plans to be submitted to Santa Clara Valley Water District for review and permit, prior to issuance of building permit. C. Incorporate site's drainage into existing storm drain system per Santa Clara Valley Water District letter dated July 19, 1983. Outfall structure details to be submitted to Santa Clara Valley Water District for review and permit prior to Final Site Approval. 'Report to Planning Commis, SDR -1545, V -615 A -900 _.,uria, Cox Saratoga Creek Approved: KK /dsc P.C. Agenda: 8/24/83 Kat Kerd Planner Linda Lauzze Planner 3/20/84 Page 8 0. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. VII. SPECIFIC CONDITIONS PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Staff Design Review required for landscaping to be provided along Cox Avenue in right -of -way adjacent to walkway prior to Final Approval. C. 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. D. The applicant shall enter into a Landscape Maintenance Agreement with the City for those landscaped areas within the public right -of -way. E. Construct turnaround at end of parking lot as approved by Director of Community Development. LOCATION MAP_ s 1 54-5