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HomeMy WebLinkAbout05-08-1981 CITY COUNCIL AGENDAInitial: ZX ��JA BILL NO.1 Dept. Hd. 17 DATE: May 6, 1981 C. Atty. Public Works C. Mgr. SUBJECT: SDR 755 (Piedmont Rd.) Release of Surety Bond Issue Sumnary An $1,800.00 Surety Bond was posted to guarantee improvements to Peach Hill and Piedmont Roads, as conditioned by Building Site Approval. The new owner of the property has requested that the Surety Bond be replaced with a Deferred Improvement Agreement. Both roads will most likely be identi- fied as Heritage Lanes. Recommendation • Fiscal Impacts It is recommended that Council'take the following actions: 1. Authorize Mayor to execute Deferred Improvement Agreement with Mr. & Mrs. Timothy Sherer 2. Authorize release of Surety Bond None Exhibits /Attachments Council Action is A. Memo describing bond B. Deferred Improvement Agreement 1.1I E11(��F'Z:�ti Dt1 �I EXHIBIT "A" 10,97f @:T O&M&KOO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 TO: City Manager FROM: Director of Public Works SUBJECT: Release of Surety Bond - SDR 755 DATE: 4/21/81 --------------------------------------------------------------------------- Bond for: SDR 755 Improvements Posted by: Millard H. Smith Address: 1500 Westlake Dr., Kelseyville, Ca. 95451 Surety Cc: Western Surety Co. Amount: $1,800.00 Bond No. 2126080 -01 Address: Type of Bonds: Faithful Performance& Improvement Bond and Labor and MatCrials Bond The above referenced bond is being replaced by a "Deferred Improvement Agreement." Robert S. Shook RSS /dsc • ri LJ • DEFERRED IMPROVEMENT AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS Project identification: SDR 755 (Millard H. Smith) This agreement between the CITY OF SARATOGA, hereinafter referred to as CITY, and Timothy J. and Theresa Sherer hereinafter referred to as 'Owner ". WHEREAS, Owner desires to develop the property described in Exhibit "A" but wishes to defer construction of permanent improvements beyond the time limits otherwise required and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title and posses- sion of the real property described in Exhibit "A ". All the terms, cove- nants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon any sale or division of the property described in Exhibit "A ", the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: An area —wide street improvement project would better perform them. B. Owner agrees to construct the following improvements on the pro- perty described in Exhibit "A" as well as required off site improvements in the manner set forth in this agreement: Improvements required by City Department of Public Works are �;en- erally described on Exhibit "B ". (Cross out improvements that are not re- quired.) x1110 ,�i�1V34yA 12. Payment of a pro rata share of the costs as determined by the Dept. of Public Works of a storm drainage or street improvement which has been, or is to be, provided by others or jointly provided by owner and others where such facility benefits the property described in Exhibit "A" C. When the Director of Public Works determines that the reasons for the deferment of the improvements as set forth in Section II no longer 1 exist, he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the land as shown on the latest adopted county assessment roll. The notice shall describe the work to be done by owners, the time within which the work shall commence and the time within which it shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall include the amount to be paid and the time when payment must be made. III. PERFORMANCE OF THE WORK Owner agrees to perform the work and make the payments required by City as set forth herein or as modified by the City Council. Owner shall cause plans and specifications for the improvements to be prepared by com- petent persons legally qualified to do the work and to submit said improve- ment plans and specifications for approval prior to commencement of the work described in the notice, and to pay City inspection fees. The work shall be done in accordance with City standards in effect at the time the improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director Of Public Works and to notify the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements re- quired under this agreement, City may, at its option do the work and collect all the costs from Owner, which costs shall be a lien on all the property described in Exhibit "A" hereof. Permission to enter onto the property of the Owner is granted to City or its contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with other property owners, the City and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. V REVIEW OF REOUIREMENTS If Owner disagrees with the requirements set forth in any notice to commence installation of improvements he shall, within 30 days of the date the notice was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both the City and the Owner. VI MAINTENANCE OF IMPROVEMENTS City agrees to accept for maintenance those improvements specified in Section II which are constructed and completed in accordance with City standards and requirements and.are installed within rights -of -way or ease- ments dedicated and accepted by resolution of the City, after the expira- tion of one year from date of satisfactory completion, Owner to maintain said improvements at Owner's sole cost and expense at all times prior to such acceptance by City. Owner agrees to provide any necessary temporary drainage facilities, access road or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 1 U y['Su:�biisYci ».;w?ri•srY�;•���c , UJ • -Z.r �<- VII. BONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a faithful performance bond and a labor and materials bond in an amount and form acceptable to City, to be released by City Council in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. VIII. INSURANCE Omer shall maintain or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein, a separate policy of insurance in a form and amount acceptable to City. IX.. INDEMNITY The Owner shall assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, con- tractors, subcontractors, or his employees, agents, contractors, subcontrac- tors, or anyone directly or indirectly employed by either of them, or arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non - performance of the work. IN WITNESS WHEREOF, City has executed this agreement as of CITY OF SARATOGA MAYOR i IN WITNESS WHEREOF, Owner has executed this agreement as of State of SS. County of On this the :,5;Z day of ��% n� 19 9/ , before me, the undersigned Notary Public, personally appeared — "— EQNOTARY OPPICTAI,'.P,AL known to me to be the persons) whose name(s) c -u subscribed PUBLIC - CALIFORNIA to the within instrument and acknowledged that SArJA C�RA COUPITY executed the same for the purposes therein contained. Ply comm. expires JUL 15, 19 "- IN WITNESS WHEREOF, I hereunto set my hand and official seal. .-1—L Mbn Ltal,tmtM1 runm 6 EXHIBIT "A" That certain 0.918 acre net parcel, designated as Parcel "A ", as shown on the "Record of Survey" recorded July 24, 1969, is Book 256 of Maps at Page 39, in the Office of the Santa Clara County Recorder I • • • • • i F. Z_�(N /,B/ T \ R /I A. Construct driveway approach 16 -feet wide at property line flared to 24 -feet at street paving. Use double seal coat oil and screen- in,:, or better on 6 -inch base rock. B. Construct valley.gutter (asphalt) across driveway. D. Improve Piedmont Road to provide 13 -foot half - street improvements using 22 -inch A.C. on 6 -inch base rock, along the entire frontage of the property, as per specifications of City Engineer. (Distance approximately 235 - feet.) F. Improve Peach Hill Road to provide a 130-foot half- street improve- ment, using 22 -inch A.C. on 6 -inch base rock, alon- the entire frontage of the property, as per specifications of City Engineer. (Distance approximately 294 - feet.) 0. Provide underground utilities. M BILL NO. % DATE.— May 6 , 1981 DEPAIZIII=: Public Works - -- --------------------------------------------- Cr: Final Building Site Approval, SDR 1420 Carroll,- Biy Basin Way --- - - - - -- ------- - - - - -- Dept. Fk; C. Atty. f C. Mgr. Issue Summary 1. This is an expansion of two commercial buildings to existing bank building. All off -site improvements were done under Bank Building Site Approval. Plans for private parking lot have been completed. 2. Requirements of City departments and other agencies have been met. 3. Fill fees have been paid. 4. Notice of Determination was filed November 21, 1979 with the County of Santa Clara. . Final map filings are exempt under existing CEQA Provisions. Recommendation: Adopt Resolut..;.on No. 1420 -02, attached, approving the building site of subject SDR. Authorize execu�:aon of Building Site Approval Agreement. • Fiscal Impacts None Exhibits/Attachments A. Building Site Approval Agreement B. Copy of Tentative Map Approval C. Status Report for Building Site Approval D. Resolution No. 1420 -02 Council Action r1 U Z • b, CITY OF SARATOGA BUILDING SITE APPROVAL AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO this 20th day of April 19 81 by and between the CITY OF SARATOGA, a Municipal Corporation of the State of California, herein- after called "City ", and Stanley Carroll hereinafter called "Owner." W I T N E S S E T H: WHEREAS, the Planning Commission of the City.of.Saratoga on September 26., 1979 gave tentative building site approval to Owner's property located on Big Basin Way subject to certain conditions, and WHEREAS, -in order to obtain final building site approval, Owner is desirous of entering into an agreement with City concerning the perfor- mance of certain of said conditions, NOW, TIiEREFORE, it is hereby agreed as follows: OWNER SHALL, WITHIN ONE YEAR FROM DATE: 1. Construct private parking lot per approved plans. IN WITNESS THEREFORE, the parties hereto have executed this agree- ment the day and year first written above. CITY OF SARATOGA, A Municipal Corporation BY: _ MAYOR BY: O1�2:1:R" KI • • • .• .— .......... .... �......— �� .............. ...�•...........�.�r.w:r....... w:n , •:..r:. .i...'iu.uuau•.w•.••www.•.•�.�r .. .v u•nnr. �,r:.a r•rr. Yarn t�9.:� .L�._.... .. .nr.9{:. YfS1C r:LYLL ADDENDA TO IMPROVEMENT AGREEMENT SDR NO. 1420 Reference is hereby made to that certain Improvement Agreement between the CITY OF SARATOGA, A Municipal corporation, hereinafter called "CITY ", And STANLEY CARROLL, hereinafter called "SUBDIVIDER ", Which Improvement Agreement is dated the '77 day of JWV4V4 , 19a(. The following additional providions are hereby added to said Improvement Agreement: (A) Included within the conditions of tentative map approval was and is the requirement that SUBDIVIDER, Being unable to otherwise provide the required minimum number of on -site vehicle parking spaces in order to accommodate the proposed use for said property, will in lieu thereof provide such required parking by consenting to, and aiding in the formation of, the creation of an off - street parking assessment district; SUBDIVIDER therefore agrees to sign the requisite petition for, to join in, and to affirmately participate in the formation of an assessment District No. 3, which when completed will complete the developer's off - street parking re- quirements as required for SUBDIVIDER'S proposed development. (B) This Agreement shall constitute an Addenda to the hereinabove refer- erenced Agreement, and except as modified herein, said Improvement Agreement shall be and remain in full force and effect. Executed this )0: day of4mw- , 19 0 . CITY OF SARATOGA, a Municipal corporation By CITY ATTEST: By - SUBDIVID - Stanley Carroll APPROVED AS TO FORM: City Attorney MEMORANDUM CITY OF SARATOGA ""O: A FROM: SUBJECT: CITY COUNCIL i DIRECTOR OF PUBLIC WORKS Status Report for Building Site Approval All conditions for Building Site Approval SDR 1420 , Stanley Carroll (have) (4a(7W/ 0,t) been met as listed on the Planning Commission Report dated September 19, 1979 Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication N/A Date Submitted N/A Record of Survey or Parcel Map Existing Date Submitted 7124/80 Storm Drainage Fee $1,197.60 Date Submitted 2/17/81 Receipt # 55951 All Required Improvement Bonds N/A Date Submitted N/A Receipt #�: All Required Inspection Fees $3,700.00 Date .Submitted 4/23/81 Receipt #x56521 Building Site Approval Agreement Yes Date.Signed Park and Recreation Fee N/A Date Submitted N/A Receipt # N/A It is, therefore, the Public Works Department recommendation that (hz�rid/5l� t✓ildr &M (Final) Building Site Approval for Stanley Carroll SDR 1420 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Conditions) Reason for Non - Compliance. .� ROBERT S_ SHOOK is 0 RESOLUTION NO. 1420 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Stanley Carroll The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: .The 1.074 acre parcel shown on the Parcel Map preapred by Larry L. Lewis and recorded in Book 336 of Maps at Page 54 and sub- mitted to the City Engineer, City of Saratoga, be approved as.one (1) individual building site. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of , 19 , by the following vote: AYES: NOES: ABSENT: ATTEST: • CITY CLERK MAYOR AGENDA BILL NO. 3 DATE May 6, 1981 .PAS:. Public Works 0:1'1'1 ut' 6Ai,LZW -LiA SUaJECr: Landscaping and Light District LLA -1 Initial Dept. F C. Atty C. Mgr. Issue Sc=ary At your April 15, 1981 meeting, you adopted Resolution No. 1004, a resolution describing the improvements and directing preparation of the Engineer's Report for fiscal year 1981 -82 for the continuation of the Landscaping and Lighting District'LLA -1. Additional Council action is required for this district to proceed. Recommendation Resolution No. Resolution No. Adopt the following: 1004 -A, "A Resolution Appointing Attorneys" 1004 -B, "A Resolution of Preliminary Approval of Engineer's Report" Resolution No. 1004 -C, "A Resolution of Intention Setting and Time and Place of the Public Hearing for said District" Fiscal Impacts The costs for the administration, maintenance and servicing, and lighting costs are charged to the various zones within the district based on benefit received. The Santa Clara County Assessor's Office will collect the amounts through the taxes and, in turn, send to'the City. Exhibits /Attachments Engineer's Report Resolution No. 1004 -A Resolution No. 1004 -B Resolution No. 1004 -C Council Action is ENGINEER'S REPORT FOR CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLq -1 CITY OF SARATOGA, CALIFORNIA ENGINEER OF 1ORK CITY ENGINEER CITY OF SARATOGA 13777 FRUITVALE AVER SARATOGA, CA. 90570 4- • • 0 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 TABLE OF CONTENTS m. ENGINEERS REPORT ASSESSMENT ✓ RULES FOR SPREADING ASSESSMENT ✓ COST ESTIMATE DESCRIPTION OF WORK ASSESSMENT ROLL ASSESSMENT DIAGRAM CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 -RULES FOR SPREADING ASSESSMENT- I. Administrative Costs The assessment for administrative be spread equally among all of the land located and benefited in each shown on the Assessment Diagram. II. Assessment by Zone costs for this district shall lots, pieces and parcels of zone of the district and as A. Zone 1: The assessment for cost of repairs, maintenance and services in Zone 1, as described in Resolution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 1 of this dis- trict and as shown on the Assessment Diagram. B. Zone 2: The assessment for cost of repairs, maintenance and services in Zone 2, as described in Resolution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 2 of this dis- trict and as shown on the Assessment Diagram. 0 C. Zone 3: The assessment for cost of repairs, maintenance and • services in Zone 3, as described in Resolution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 3 of this dis- trict and as shown on the Assessment Diagram. D. Zone 4: The assessment for cost of repairs, maintenance and services for street lighting in Zone 4, as described in Reso- lution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 4 of this district and as shown on the Assessment Diagram. E. Zone 5: The assessment for cost of repairs, maintenance and services for street lighting in Zone 5, as described in Reso- lution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 5 of this district and as shown on the Assessment Diagram. F. Zone 6: The assessment for cost of repairs, maintenance and services for street lighting in Zone 6, as described in Reso- lution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 6 of this district and as shown on the Assessment Diagram. G. Zone 7: The assessment for the cost of repairs, maintenance and service for street lighting in the commercial area of • Zone 7, as described in Resolution No,.1004 shall be spread equally among all of the lots, pieces and parcels of landlo- cated and benefited within said commercial area of Zone 7 of this district and as shown on the Assessment Diagram. • The assessment for the cost of repairs, maintenance and services for street lighting in the residential area of Zone 7, as de- scribed in Resolution No.1004 shall be spread equally among all of the lots, pieces, and parcels of land located and benefited within said residential area of Zone 7 of this district and as shown on the Assessment Diagram. H. Zone 8: The assessment for cost of repairs, maintenance and services in Zone 8, as described in Resolution No.1004, shall be spread equally among all of the lots, pieces and parcels of land located and benefited within said Zone 8 of this dis- trict and as shown on the Assessment Diagram. • 0 • -2- CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 COST ESTIMATE FISCAL YEAR 1981 -82 I. ADMINISTRATIVE COSTS A. Attorney's Fee: B. Engineering: C. Legal Notices and Incidentals: TOTAL: II. COST BY ZONE $ 1,200.00 2,000.00 800.00 $ 4,000.00 A. Zone l (25 parcels - 1.280) 1. Administrative Costs: $4,000 x 1.280 = $ 51.20 2. Maintenance and Servicing:. 500.00 3. Amount of Surplus in fund: - 287.81 TOTAL $ 263.39 4. 'Assessment per parcel /year: . $263.39 = $ 10.54 25 parcels is B. Zone 2 (85 parcels - 4.34 %) 1. Administrative Costs: $4,000 x 4.34% _ $ 173.60 2. Maintenance and Servicing: 450.00 3. Amount of Surplus /in fund: - 145.11 TOTAL $ 478.49 4. Assessment per parcel /year: $478.49 85 parcels - $ 5.62 C. Zone 3 (167 parcels - 8.530) 1. Administrative Costs: $4,000 x 8.530 = $ 341.20 2. Maintenance and Servicing: 800.00 3. Amount of Surplus in fund: - 395.73 TOTAL $ 745.47 4. Assessment per parcel /year: - $745.47 167 parcels = $ 4.46 II. 'COST BY ZONE (continued) D. Zone 4 (677 parcels - 34.590) • 1. Administrative Costs: $4,000 x 34.590 = 2. Service Charges for Street Lights Under P.G.& E. LS -1 schedule a.) 93 - 70 W - HPSV @ $34.42 = b.) 11 - 100 W - HPSV @ $96.37 = c.) 4 - 200 W - HPSV @ $134.33 = 3. Amount of Deficit in fund: • • TOTAL $ 1,383.60 $ 7,851.06 $ 1,060.07 $ 537.32 +$ 1,719.92 $12,551.97 4. Assessment per parcel /year: Costs: $4,000 x 3.320 = $ 132.80 $12,551.97 Service Charges for Street Lights 677 parcels = $ 18.54 E. Zone 5 (107 parcels - 5.470) 1. Administrative Costs: $4,000 x 5.470 = $ 218.80 2. Service Charges for Street Lights Amount of Deficit in fund: +$ Under P.G.& E. LS -1 schedule TOTAL a.) 19 - 70 W - HPSV @ $84.42 = $ 1,603.98 Assessment per b.) 2 - 100 W - HPSV @ $96.37 = $ 192.74 3. Amount of Deficit in fund: +$ 261.56 TOTAL: $ 2,277.08 4. Assessment per parcel /year: $2,277.08 107 parcels = $ 21.28 F. Zone 6 (65 parcels- 3.42 %) 1. Administrative Costs: $4,000 x 3.320 = $ 132.80 2. Service Charges for Street Lights Under P.G.& E. LS -1 schedule a.) 26 - 70 W - HPSV @ $84.42 = $ 2,194.92 3. Amount of Deficit in fund: +$ 57.12 TOTAL $ 2,384.84 4. Assessment per parcel /year: $2,384.84 65 parcels = $ 36.68 II. COST BY ZONE (continued) G. Zone 7 (816 parcels - 41.70 %) 1. Commercial Area (77 parcels - 3.94 %) a.) Administrative Costs: $4,000 x 3.94% _ $ 157.60 b.,) Service Charges for Street Lights a.) Administrative Costs:.$4,000 x 37.76% = $ 1,510.40 Under P.G.& E. LS- l.schedule b.) Service Charges for Street Lights 1.) 60 - 70W - HPSV @ $84.42 = $ 5,065.20 1.) 45 - 70W - HPSV @ $84.42 = 2.) 3 - 100W- HPSV @ $96.37 = $ 289.11 +$ 3.) 11 - 200W- HPSV @ $134.33 = $ 1,477.63 c.) Amount of Deficit in fund: + 132.36 TOTAL $ 7,121.90 n U U i� U d.) Assessment per parcel /year: $7,121.90 77 parcels $ 92.50 2. Residential Area (739 parcels - 37.76 %) a.) Administrative Costs:.$4,000 x 37.76% = $ 1,510.40 b.) Service Charges for Street Lights Under P.G.& E. LS -1 schedule 1.) 45 - 70W - HPSV @ $84.42 = $ 3,798.90 c.) Amount of Deficit in fund: +$ 1,269.80 TOTAL $ 6,579.10 d.) Assessment per parcel /year: $6,579.10 = $ 8.90 739 parcels H. Zone 8 (15 parcels - 0.77 %) 1. Administrative Costs: $4,000 x 0.770 = $ 30.80 2. Maintenance and Servicing: $ 3,500.00 3. Lighting: $ 275.00 4. Amount of Surplus in fund: -$ 3,081.83 TOTAL $ 723.97 5. Assessment per parcel /year: $ 723.97 15 parcels = $ 48.26 n U U i� U • • LJ III. Summary ASSESSMENT ZONE NO. OF PARCELS % OF TOTAL S PRELIMINARIL APPROVED AS CC}NFIR;�)IED 1 25 1.280 $ 263.39 $ 2 85 4.340 $ 478.49 $ 3 167 8.53%. $ 745.47 $ 4 677 34.59% $ 12,551.97 $ 5 107 5.470 $ 2,277.08 $ 6 6.5 3.32% $ 2,384.84 $ 7 77 (can) 3.94% $ 7,121.90 $ 7 739 (res) 37.76% $ 6,579.10 $ 8. 15 0.77% $ 723.97 $ TOTALS: 1,957 100.00% $ 33,126.21 $ CITY OF SA,­, LANDSCAPING AND LIGHTI :: II'T LI.A -1 DESCRIPTION a) The construction or installaticI-, ,ing the main —aanee or servicing, or- both, thereof, wi 1 . i , !s 1, 2 and :i as here ir- after described, of landscapinc;; :; ag ,trees, shru'os, grass, or other ornamental vege _ . .. statuary, founlair..s other ornamental structures and :' .. ..es, including tt�i^ cc -L L of repair, removal or replacemc :' or any dart iereo`, providing for the life, groat "h, '.;:. :.,u01 beauty of la;,d -- scaping, including cultivation, on, trimming, fertilizing or treating for di :, = ., njuryq thn r �mava.l trimmings, rubbish, debris and i w6t -5te, aZte. o ;- • irrigation of any .landscaping, ti.on of any fc:Latai:.: or the maintenance of any othe) ;cn::s. b1 The construction or install.a'.;ir :. ng irc.. rnaintenz_nce e :: cery �. i.ng, or. both, thereof, t1 .'... ; s J 5, 6 and i, as her:e-�.I;�,,fter described, of publ. *.. -Iq fa Iit_cs_ f01: tbC. lighti. ig of any public places, ... _. I­j ornU;ae iltal ^t4rcas�d s, luminaAres, poles, supports, ant,ol.es, vaults, condui3:s, pipes, wires, condu:, :, stubs, platfor:rus. braces, transformers, insul:ato .:ts, swltc; r_ -c, capacitors, meters, coramunica�;., t s . appli.anc. s, attachmentr> and appurtenance z, cosc of rc :ni_, removal, of replacement of Iq11. .. art t he eof, current or energy, gas or ot:h :i :.ny agent for any Public Lighting facilities'6i inq o.; c�rr t.ic; any other improvements. 4 C) The construction or'installation, including the maintenance or • servicing, or both, thereof, within Tone 8 as hereinafter described, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities and public lighting facilities for the.lighting of any public places, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs,<,platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, '9 Iappiicances, attachments and appurtenances, including the cost of repair, "removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of land- scaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, electric current or energy, gas or other illuminating agent for any . public liq kiting fadi:lities or for the lighting or operation of any other improvements, water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. cii� C17-Y OF S,4.,Z?,4 7-OG,4 zz.4-1 ZO CA 77/0" M-4,0 j: r /-A L 6/ L tj /volov& iL Y X rl X, �l 1 ,z —_ --j Ll 4� FL M-1 IL �Jr7- Zs Q X rZ. It all el b j Fr 1�o ,I 4372A -169a WMAM:JEB:om 04/27/81 12c i RESOLUTION NO. 1004 -A A RESOLUTION APPOINTING ATTORNEYS CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 . RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, this Council has determined to undertake proceedings for the levy and collection of assessments upon the several lots or parcels of land in City of Saratoga Landscaping and Lighting District LLA -1 pursuant to the Landscaping and Lighting Act of 1972 for the construction or installation of improvements, including the maintenance or servicing, or both, thereof for the fiscal year 1981 -1982; and WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of WILSON MORTON ASSAF & McELLIGOTT, San Mateo, California, be, and'it is hereby, appointed and employed to do and perform all legal services required in the conduct of said proceedings, and that its compensation be, and it is hereby fixed at not to exceed $1.200. I.. •. �: A( +n nary `.` ;.: /.!� }'... I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of 1981, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES, Councilmen: ABSENT, Councilmen: • 9.1 • 4415A -174a WMAM:JEB:om 04/27/81 12c RESOLUTION NO. 1004 -B A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1981 -1982 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, on the 15th day of April, 1981, said Council did adopt its Resolution No. 1004, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1981 -1982 pursuant to the Landscaping and Lighting Act of 1972, for the City of Saratoga Landscaping and Lighting District LLA -1 in said City and did refer the proposed improvements to the Director of Public Works, and did therein direct said Director of Public Works prepare and file with the Clerk of said City a report, in writing, all as therein more particularly described, under and pursuant to the Landscaping and Lighting Act of 1972; WHEREAS, said Director of Public Works prepared and filed with the Clerk of said City a report in writing as called for in said Resolution No. 1004 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That the plans and specifications for the existing improve- ments and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby, preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby, prelimi- narily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 1004 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, preliminarily approved. 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land A n said district in proportion to the estimated benefits to be received by such lots or parcels, respec- tively, from said improvements including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby, preliminarily approved. 5. That said report shall stand as the Engineer's report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 1004. * * * * * -2- ' , , , I hereby certify that the foregoing is a cull, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of 1981, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: mooa, Councilmen: ' ABSENT, Councilmen: City Clerk of the City of Saratoga U Appnovoo; —~^ Mayor / (aoxuL) ` ` ' - � � 697OA -279a :.. , WMAM:JEB:om 04/27/81 12c RESOLUTION NO. 1004 —C -' A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FISCAL YEAR 1981 - 1982 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ro x• SL - t RESOLVED, by the City Council of the City of Saratoga, rK California, as follows: - WHEREAS, pursuant to Resolution No. 1004, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal ._ Year 1981 -1982 for City of Saratoga Landscaping and Lighting District LLA -1, adopted on April 15, 1981, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Director of Public Works of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 1004, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and 'ORDERED, as follows: 1.. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 1981 -1982 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of €".;. California, for the construction or installation of the improvements, .4 _ including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. • 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1 ", the exterior boundaries of which district are the composite and consolidated area as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Director of Public Worksof said City, preliminarily approved by this Council, and on file with the Clerk of this City is hereby referred to for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby giv n that Wednesday, the 3rd day of June, 1981, at the hour f 7:30 o'clock p.m. in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the con- struction or installation of said improvements, including the main- tenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the proposed assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's Report. u;I:.... • -2- • 5. The Clerk of said City be, and is hereby, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City Council for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein.. 6. The office of Director of Public Works of said City be, and is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California. 95070 or by calling (408) 867 -3438. MZ t Y RX-a' j'._'.' 1 '- YCL�'(�...`.'r�'!-?M^lvvrr..s ;ei• +�. I hereby certify that the foregoing is a full, true and correct COPY of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 1981, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES, Councilmen: ABSENT, Councilmen: APPROVED: City Clerk of the City of Saratoga (SEAL) EXHIBIT "A" CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 a) The construction or installation, including the maintenance or servicing, or both, thereof, within Zones 1, 2 and 3 as herein- after described, of landscaping, including trees, shrubs, grass, or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of land- scaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, water for the irrigation of any landscaping, the operation of any fountains or the maintenance of any other improvements. b) The construction or installation, including the maintenance or servicing, or both, thereof, within Zones 4, 5, 6 and 7, as hereinafter described, of public lighting facilities for the lighting of any public places, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal, or replacement of all or any part thereof, electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. c) The construction or installation, including the maintenance or servicing, or both, thereof, within Zone 8 as hereinafter described, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities and public lighting facilities for the lighting of any public places, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, cop'tacts, switches, capacitors, meters, communication circuits, applicances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. EXHIBIT "A" . CITY OF SARRIOGA AC,, NDA BILL NO. Initial: Dept. Hd. DATE: May 6, 1981 OPARnZ :. Public Works SUBJECT: SARATOGA /SUNNYVALE ROAD BIKE LANE Issue Summary C. Atty. C. Mgr. Caltrans is in the process of designing a striped bike lane along both sides of Saratoga/ Sunnyvale Rd. from Prospect Rd. to Big Basin. Their design is complete except for a portion from Marion Ave. to Brookwood Ln. Several meetings have been held with staff and Council. Caltrans has studied many alternatives and has proposed two alternatives; 1.) terminate the biek- lane at Marion Ave.; 2.) remove the 36" oak tree in front of Mr. Neale's property and continue path to Saratoga Ave. This also involves removal of the most southerly oak tree in divider. We will try to contact Mr. Neale prior to the meeting to get his feeling about the removal of the oak tree on his frontage.. Caltrans has informed us that these are the only viable alternatives and strongly recommends alternate #2. Caltrans would like a letter from City Council stating their approval of one of the options Caltrans is offering. Recommendation Council approve alternate #2 and direct staff to notify Caltrans. • Fiscal Impacts None i Exhibits /Attachments Cross section at Neale's 36" oak tree Background Report Council Action c^�c7 So ZJ7W ,e a uN 0 !! A.I NE ALE xoUn/D SLOFot G f,UUn t EXPOSE'D' Roo TS : ( ' t .• -, IN � .; tf � �' {� 7,.i ,� 5 it ...,,Nair jr .. ;1•a.. 'i:'f:' t,`�`,FIr�T+� r�.. : V. 1 1 r :�.�', t �- t,. . >r'� A 1 c. P 5T,a. 4 Q4 I STA. 4 -I-i4 { i �'1c15iln�'G 62055 - .5C -CT /ON j LOO k W G N6f <7.' -i EYIST. IIt IjII / LV NEALF- I RE 7,11 N, WAt.G i { t ! t _ 1 I2 LAn 11,5 L A/� - • 4 ,�; � -- ? I I 4, . it . r —� rte; Y i i A5PNALT CC Nt .� t A. oposc I _C .5S SEC "l %4/�l I i I t SCA I, � I LAND' .. Ij I'i i.ti�;�•j !j;l';;;.; DWG Ale) . ,?07541 -G I. I 1 I I Ilili q I i j I t, ; I i I! '.! i• i I� ± i j' {•I I I {! I i I I j( i 1 I + j , i 4/29/81 BACKGROUND REPORT - 460 - SARATOGA /SUNNYVALE RD. BIKE LANE • Caltrans has prepared plans for installing a Class II bicycle lane along Saratoga /Sunnyvale Rd. from Prospect Rd. southerly to Saratoga Ave. This project extends beyond the Demonstration Bike Route System developed by Saratoga in 1973. The project engineer from Caltrans has identified problems in the design of a Class II bicycle path on the westerly side of Saratoga /Sunnyvale Rd. between Marion Rd. to Brookwood Ln. due to inadequate pavement width. Their original plans indicated the removal of five to six oak trees si- tuated in the median island would be necessary for the installation. Cal- trans indicated if the trees were not removed, they would be forced to terminate the Class II bicycle lane at Reid Ln. due to the earth bank along the westerly edge of pavement. Brian Gage, who has previously been Saratoga's horticulturist, was asked to inspect the condition of the trees requested to be removed. He stated several specimans had large cavities, bark damage, die back and one tree had its roots exposed. Despite the condition mentioned, in his opinion, the poorest tree will live at least ten years and the better specimans will have a life expectancy of fifty years. When Caltrans initially widened Saratoga /Sunnyvale Rd. to four lanes, the City Council of Saratoga restricted Caltrans from removing the trees which they now recommend removing. A meeting with Council, Caltrans and staff from Public Works was held at • the site. It was agreed that the oak tree in the median island nearest Brookwood Ln. would have to be removed-if any improvements were to be done. During this meeting, it was suggested that a Class I bicycle path be con- structed on Mr. Neale's property between the oak tree on his frontage and his patio. Richard Green, the design engineer for Caltrans, stated if Saratoga acquired right -of -way from Mr. Neale, Caltrans would design a Class I bicycle path. Councilwoman Jensen arranged a meeting between Mr. Neale and Public Work ;,..!'which she attended. The proposal was presented to Mr. Neale and he stated he would be willing to give Saratoga the necessary right -of -way. Furthermore, Mr. Neale stated if a bicycle facility required the removal of the oak tree, he would permit the oak tree to be removed. Staff from Public Works informed Caltrans of the outcome of the meeting with Mr. Neale and Caltrans proceeded to design a Class I bicycle path. After several reviews and recommendations by staff, Caltrans submitted a final design for our review. At this time, Mr. Green was transferred and a new design engineer, Mr. Hensley, filled the position. After Mr. Hensley re- viewed the project, he decided the Class I bicycle path was unacceptable for the following reasons: °Many bicyclists would not utilize the bicycle path, thus compete with vehicles in the substandard thru lane. °Bicycles using the,.path would re -enter the bicycle lane from behind the embankment causing the vehicles in the outside lane to swerve toward the inside lane in reaction to the sight of bicycles. • Caltrans is now offering Saratoga two proposals. They are: °Remove Mr. Neale's oak tree, trim back bank, widen the pavement. Page 2. BACKGROUND REPORT - 460 - SARATOGA /SUNNYVALE RD. BIKE LANE *Do nothing in this area and terminate the bicycle lane between • Reid Ln. and Brookwood Ln. Both Caltrans and Public Works recommends the first proposal. We are attempting to contact Mr. Neale to see if he still agrees to the re- moval of the oak tree along the frontage of his property. i • 0 r r AC`'ENDA BILL NO. J DATE: May 6, 1981 41P=4ENT: Public Works CITY OF SARATOGA SUBJECT: QUITO ROAD - ALLENDALE AVENUE BICYCLE FACILITY Initial: Dept. Hd. , C. Atty. 5 C 4# C. Mgr. Issue StmnnaYy Plans, specifications and engineer's estimate have been prepared for the Quito Road Bicycle Facility. A portion of the project is to install a bike lane on the northerly side of Allen- dale Ave. from Quito Rd. to Vasonna Creek. There are two options Saratoga can choose from; one is to follow Caltrans' guidelines and stripe a four foot lane prohibiting parking; the other'is to implement a Bike - Route - Stripe which is a striped lane that does not prohibit parking. The Bike Route - Stripe was developed by the Committee for Review of Demonstration Bicycle Route System. Public Works prefers Caltrans' bike lane for several reasons. When a car is parked in a Bike Route - Striped, the protection the stripe is designed to provide diminishes. Also, in order to collect TDA funds for the stripe lane, Caltrans guidelines must be met. Recommendation Council authorize the advertisement for bids and determine the type of striped lane, Bike Lane or Bike Route - Stripe, on Allendale Ave. Fiscal Impacts Saratoga is funded $14,300 The engineer's estimate is $14,300. The bid proposal the option to award any coi through two articles of the Transportation Development Act (TDA). $15,100. Saratoga must pay the difference between low bid and has split the project in three (3) phases. This allows Saratoga nbination of phases to stay within the $14,300 budgeted. Exhibits /Attachments A. Map of project B. Definition of phases C. Bid proposal with cost estimate Council Action • Q v/ f-o Fc/ -,q / /e�ldb/e A v ZlcJe /e F cell; ,I . 0 �3ikE �fh f Q ►/el7 Woos/ Ur- r c I 0 r, Qvi fo /1 7 -mil / (617c/G /e Y �cyC /e /,Cc 0 1 �P4;M-C T44 P. t: E� �^ /r(e ` Alle- 1-7dI /e A v^ �PHAs%-FTWO 1{ O Bike F�;ffi � Bike f�;dl� I I 'PHASE ONE I 1 � Ao ve/) woocl Ur I) Phase I - Ravenwood Drive to STA 3 +88 on Allendale Avenue ITEM CONTRACT UNIT ITEM WITH PRICE WRITTEN UNIT AMOUNT 1 QUANTITY L.S. IN WORDS PRICE AMOUNT 1 2 1225 Clearing and Grubbing Const. Asphalt Bike Path @ $ /S.F �2)000 .1 L.S'. L.S. @ $ /L.S. 2. .)00O u°i o, =9 2 4 Ea. Const. Handicap Ramps @ -$ C100 Ea. @ Reflective Markers $ /Ea. `j,00 45-0,00 $ /Ea. 3,(000 Six inch solid & six inch 1765 L.F. Const. Asphalt Bike Path X1,55 1059.00 3 3260 S.F. @ $ /S.F. ' 5053 Remove aHd Rep ace V- 4 54 L.F. Curb and Gutter }!I p @ white stripe $ /L.F Painted Messages & Painted + ,UU .. 110:00 @ TOTAL I I) h I.Oo II) Phase II - Allendale Avenue from STA 4 +24 to STA 7 +00 ITEM CONTRACT QUANTITY UNIT ITEM WITH PRICE WRITTEN IN WORDS UNIT PRICE AMOUNT 1 L.S. L.S. Clearing and Grubbing @ $ /L.S .) I)UOp AMOUNT 1 2 1225 S.F. Const. Asphalt Bike Path @ $ /S.F ; 2,20 ?w=1:i 1195 TOTAL yellow barrier stripe $ /L.F III) Phase III - Striping of Allendale Avenue from STA 0 +35 to STA 11 +60 t IT111 CONTRACT UNIT ITEM WITH PRICE WRITTEN UNIT QUANTITY IN.WORDS ;,.. : PRICE. AMOUNT 1 Remove & Replace Double �, 1195 L.F. yellow barrier stripe $ /L.F i 5 .. u°i o, =9 Remove & Replace Type D 2 90 Ea. @ Reflective Markers $ /Ea. `j,00 45-0,00 3 Six inch solid & six inch 1765 L.F. dashed white stripe tO 1059.00 @ $ /L.F ' 4 Remove & Replace 8" solid 140 L.F. @ white stripe $ /L.F Painted Messages & Painted + ,UU .. 110:00 5 L.S. L.S. @ ArrowsI $ /L.S 6 10.5 Ton Asphalt Concrete Conforms @ $ 7-97,S7-) /Ton TOTAL PROPOSAL SUMMARY TOTAL - Phase I $ Z1,fZ1ZJ TOTAL - Phase II $ 3 6,9S00 TOTAL - Phase III $ GRAN TOTAT, n P, 74A, J:J it � `. � . '+t .i ae Y i�• � _ :1;St.3'` " v i AGENDA BILL NO. 6 DATE: May 6, 1981 01' 111 Public Works CITY OF SAIUUIXA i Initial: Dept. Hd . §ti • C. Atty. C. Mgr. SUBJECr: Traffic Signal Request at Prospect/Lyle, Issue Stnnary On the evening of March 25, 1981, a Prospect High School student was struck and killed while crossing Prospect Road and English Drive. This tragedy has resulted in a request to the Council to install a traffic signal at the intersection of Prospect Road/ Lyle Drive /Prospect High School parking lot entrance. In 1975, City of Saratoga staff was prepared to support the installation of a traffic.signal at this location if the school district would participate in accordance with the condition of the site approval for Prospect High School, i.e., pay a proportional share of such installation. They would not. The City of San Jose was also prepared to participate. Recommendation Council reaffirm the City position to participate to the extent of its proportional share of the cost of this installation, if the Campbell Union High School Dis- trict and the City of San Jose do likewise. Direct staff to so inform those jurisdictions. • Fiscal Impacts $100,000+ Total Cost $ 25,000+ (25 %) City 9), Saratoga $ 25,000+ (25 %) Campbell School District $ 50,000+ (50 %) City of San Jose E-hibits /Attachments Background report with attachments relative to school site approval conditions. Council Action • r n r, 0. Q1 0&MIZUQX5&0 REPORT TO MAYOR AND CITY COUNCIL DATE: 4/8/81 COUNCIL MEETING: 4/15/81 SUBJECT * Prospect /Lyle Traffic Signal Background: In March, 1967, Prospect High School was given Tentative Site Approval by the City with a condition to "Pay proportional cost of signal installation on Prospect Avenue, opposite Lyle Drive, if shown to be necessary by En- gineering Traffic Study and required by Director of Public Works." This condition was appealed and upheld by the City Council in April, 1967. Fina� Site Approval was given in May, 1967 including this condition. The School District, in January, 1968, exempted itself from the City's Zoning Ordinances (see attached correspondence). As a result of litigation, the School District conformed to all conditions other than the above and one other. In 1973, a warrant study was made by the City of San Jose and transmitted to me with the indication that the City of San Jose questioned the installation of signals. Saratoga staff also questioned such installation. In January, 1975, a new warrant study was made showing essentially the same data as in 1973. The City of San Jose submitted a cooperative agreement for our approval. After several discussions with the City of San Jose, Saratoga staff agreed to support Saratoga's participation in the signal if the School District would pay their proportional share in accordance with the site appro- val conditions, even though the signal was not substantially warranted. In April, 1975, the School District was advised of this position. It was not until March of 1977 that the School District Attorney, Wade Hover, trans- mitted a copy of the District's January 12, 1968 letter advising the City. that the District had exempted themselves from these requirements. There has been no further activity or discussion of signalization of the inter- section of Prospect and Lyle since that date, until the fatal pedestrian acci- dent which recently occurred at the intersection of Prospect and English. • Robe t S. Shook Director of Public Works RSS /dsc El • L' WADE H. HOVER PROFESSIONAL CORPORATION ATTORNEY AT LAW Kam.: ? :; 3 .T.- �_ � . C".•-�.; F -•a 7 •,: _� ,�_.:.k is }�•� f�� r;�iYr Zr „ti;ti:i!� Mr. Greg Moeller City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 1605 THE ALAMEDA SAN JOSE, CALIFORNIA 95126 (408) 297 -4731 March 10, 1977 RE: Campbell Union High School District Dear Greg: Please find enclosed a copy of the notification letter delivered to the City of Saratoga on January 12, 1968.- It is my understanding that the City of Saratoga and the District thereupon entered into certain litigation processes regarding item B of the Building Site Committee Report which was settled when the State of California offered to advance funds for construction. That litigation did not affect the District's determination that item J and item -K were unacceptable. `: Very truly yours, Wad��Hov� er''” WHH:lgm cc .. James K. Gillespie, Assistant Superintendent, Campbell Union High School District V CUBILL NOR HIGH SCHOOL DISTRICT LAURANCE J. HILL, o1[rR1aTw►[wlN�atao[Nr C7.1 — E. M. ARENDS. PR[.IoaNr W.L. MURPHY, CLaRR . DOROTHYGOBLE W.N. LLOYD V.R. RUTLEN J=uary 12, 1%0 City Camcil City of 13 L=toga 3arato a, Callrorrda Cantlem It BLACKFORD HIGH SCHOOL VIMOUN ►. ROME R. PRINCIPAL BRANHAM HIGH SCHOOL •UNL 161.0[. PRINCIPAL CAMDEN HIGH SCHOOL JANaa M, CNAw /ORD. PRINCIPAL CAMPBELL HIGH SCHOOL 0009MT M. CULP. PRINCIPAL DEL MAR HIGH SCHOOL OIOROI MI[RULIN. PRINCIPAL LEIGH HIGH SCHOOL •Taw ART FOWLER. PRINCIPAL WESTMONT HIGH SCHOOL C. WARREN CONRAD, PRINCIPAL WILLIAMS HIGH SCHOOL WARM OUIRRA. PRINCIPAL octrt� �- ,,W�M M /_ Ploz � oo bo Mzod that at u o;xci:Z. moti of J. nu zy 2, ] ;'GAL, the I o,—d of iyu:.t,ms of t!io Url as I'_i Zh School District lrj m;-- L-mu: vot'o pi col a Rcr.alul.im o.��c�_�t:iii t?iv school c:i.c►tHict A= the City os Sarno a l s zor_in c:-,U anco. Tliia action wao takan in accor' Taco id.th C::LUorrdA C�nrc=rx--'t Codo S ccticn 53094, tl:o 1�cx=d ra a=- -L-Z tho City or Saratoga l c Lc..`xLii ; ord.1 m::nco to tha pro, -=ol us-o of tho cchool +iiotrictic p.mpa ry loc.Aod at the , eoTuth�- �+��:+tx.,z -n cor:,,c: or tho Sntc=^ Lion o�^ ttwnect II ejul "-.- �. a I"r azi as the .FtEoc"�C?C� t IIj,Ch Schoa alit*, y=E 'pprm -q 0 UP- 122. Sincem-ly, It= awm J. IMU Di; trict Suporintaideat M cc: Mr. Stephenson, County Counsel Delivered in hand on January 12, 3.968 by S r--v I �C n LJ sl �� Witness • BUSINESS OFFICE: ADMINISTRATIVE OFFICE: WAREHOUSE . CORP. YARD 275 E. CAMPBELL AVENUE 1224 DEL MAR AVENUE 80 W. LATIMER AVENUE CAMPBELL, CALIFORNIA SAN JOSE, CALIFORNIA CAMPBELL, CALIFORNIA PLEASE ADDRESS ALL CORRESPONDENCE TO 275 E. CAMPBELL AVENUE, CAMPBELL, CALIFORNIA 95008 FA May 5, 1967 . Mr. Laurance J. dill District Superintendent Campbell Union High School District 1945 Winchester Blvd. Campbell, California Dear Mr. Hill: Please be advised that the City Council of Saratoga, at the meeting; of May 3, 1967, granted your request for final siSht approval subject to the conditions imposed by the Planning Commission and enumerated in the Building Site Comnittee Report of starch 13, 1967. We are enclosing four copies of the Building Site Approval Agreement for execution upon authorization of your Board of Trustees. Please sign and -return three copies to this office. Very truly yours, JAMBS R. HUFF CITY ADMINISTRATOR JRH /myr cc: Slade Hover, The Alameda Bldg., 1541 The Alameda Faber L. Johnston, Jr., First National Bank Bldg., San Jose 0 April 18, 1967 Mr. Laurance J. Hill D'st_ =c'_ Superintendent Caa lobell Union High School District 1545 Y11in chester Blvd. C- i"ZIPbell, California. Re: SDR -675 Dear ?�.r. Hill: Please be advised a.f:at the City Coll nc? 1 -of SaraL.oga, at its mee -ing Of A3:)'-4 -1 5, 1967, affirmed "i.h2 conditions o'f anpLOVal of your tentative map as imposed by the Planning c=,.:.ission on mare=. 13, 1567, including cond -tions 21 -B. II -J, and i% -IC C risag_eerzrW_th h-Lch you registered spe ci i in your letter of iezrucry 27,.1967. 1 = ::aS C0 1e to our at -e ,tJLc n ti at you are now cdvert si_-ig for bids _Or Coast - suction on the s:,'`e • �- We are very glad to v e J iY?i s eV=.C;E._ce Of vo3 Y conce rn to Cxo^u+te 1-his CoiiStrilc'Ci o:., so this facility clill� i e available to serve the cox„-nuni-y Gt the l%4_"i1l°_St possli ble time. In an effort. to do everything Wit -hi.n our power to insure expe- ditious co,m encement a::,d subsequent- comp? etior of this _oro j ect, we wish to advise that final site apprOV2.l required by our Sub - divis:ion ordinance is a neces azy prerequisite to b: ginning cc::struction on the site. To assist L's in processing your application for approval, please affirm by letter, on or before your intent- to _eauest final site approval from ^i:is ti:-� i:g of your request Wilt per;,jit us to - cation for final site approval on the agenda of ing on may 4, 1967. final Site April 28, 1967, our City Council. zclude your appli- the Council meet- Very truly yours-, JRr/g /J. R. IiJF'r ,i City AG:;ii nistrator. a • �i :XCJRPJRATE.D 1956 \`.Y1i /� 13777 FRUITVALE. AVENUE, SARATOGA, CALIFORNIA April 18, 1967 Mr. Laurance J. Hill D'st_ =c'_ Superintendent Caa lobell Union High School District 1545 Y11in chester Blvd. C- i"ZIPbell, California. Re: SDR -675 Dear ?�.r. Hill: Please be advised a.f:at the City Coll nc? 1 -of SaraL.oga, at its mee -ing Of A3:)'-4 -1 5, 1967, affirmed "i.h2 conditions o'f anpLOVal of your tentative map as imposed by the Planning c=,.:.ission on mare=. 13, 1567, including cond -tions 21 -B. II -J, and i% -IC C risag_eerzrW_th h-Lch you registered spe ci i in your letter of iezrucry 27,.1967. 1 = ::aS C0 1e to our at -e ,tJLc n ti at you are now cdvert si_-ig for bids _Or Coast - suction on the s:,'`e • �- We are very glad to v e J iY?i s eV=.C;E._ce Of vo3 Y conce rn to Cxo^u+te 1-his CoiiStrilc'Ci o:., so this facility clill� i e available to serve the cox„-nuni-y Gt the l%4_"i1l°_St possli ble time. In an effort. to do everything Wit -hi.n our power to insure expe- ditious co,m encement a::,d subsequent- comp? etior of this _oro j ect, we wish to advise that final site apprOV2.l required by our Sub - divis:ion ordinance is a neces azy prerequisite to b: ginning cc::struction on the site. To assist L's in processing your application for approval, please affirm by letter, on or before your intent- to _eauest final site approval from ^i:is ti:-� i:g of your request Wilt per;,jit us to - cation for final site approval on the agenda of ing on may 4, 1967. final Site April 28, 1967, our City Council. zclude your appli- the Council meet- Very truly yours-, JRr/g /J. R. IiJF'r ,i City AG:;ii nistrator. a • �i • 13 March 1967 BUILDING SITE COMMITTEE REPORT SDR 7675 - Campbell Union H.S. District - 1 Lot - Prospect Road The Building Site Committee recommends approval of the tentative map for SDR -675 (Exhibit "A ", filed 7 February 1967) subject to the conditions set forth below: I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance NS -5, including without limitation the submission of a Record of Survey or a Parcel Map, payment of storm drainage fee as established by ordi- nance in effect at the time of tentative approval, submission of engi- neered improvement plans for any street work and compliance with appli- cable Health Department and Flood Control District regulations. Reference is hereby made to said ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordi- nances, 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 5.1, Part Three, of Ordinance NS -5. SII. SPECIFIC CONDITIONS A. Pay Storm Drainage Fee of $600.00 per gross acre before time of final approval. B. Dedicate and improve Prospect Road to provide for a 60 -foot half- street. C. Access allowed across median shall be limited to one opening opposite Lyle Drive with turning radii and drive approach as approved by Director of Public Works. D. Move utilities (poles, pipes, etc.) as may be required. E. Provide underground utilities. F. Convey drainage water'-to street, storm sewer or watercourse in accord with Storm Drain Master Plan. G. Watercourses must be kept free of obstacles which will change, retard or prevent flow. H. Subject to Design Review..: .:::.::::r.ra I. Bond and inspection fee to be determined from Engineered Improvement • Plans. J. Provide turnaround at end of Saratoga Creek Drive and Doyle Road as approved by the Director of Public Works. K. Pay proportional cost of signal installation on Prospect Avenue, opposite Lyle Drive, if shown to be necessary by Engineering Traffic Studv and required by Director of Puhlir_ Works_ CITY OF SARATOGA Initial AGENDA BILL NO. 117 Dept. Head: • DATE OF MEETING: May 6, 1981 City Atty.: DEPARTMENT: Parks and Recreation Commission City Mgr. Community Services Department ---------------------------------------------------------------------------------- - - - - -- SUBJECT: Acceptance of Gift of Senior Citizen Fitness Course for E1 Quito Park Issue Summary The City of Saratoga has been offered, by The Los Gatos Community Hospital and The Gamefield Concept, a gift of a 15 station Senior Citizen "Conversation Pace" Fitness Course to be placed in El Quito Park. The offer represents a value of $7,000 including costs of the equipment, delivery and pre- assembly of the units. i Recommendation Accept the gift of a Conversation Pace Course, acknowledge donors, direct Community Services Department to implement installation. • Fiscal Impact The initial cost to the City will be staff time to coordinate installation of the pre- assembled units and preparation of several "pads" for individual locations. This can be done within the current City budget. Estimated cost of maintenance should not exceed $500 per year and any programs offered to use the course will be coordinated by the present Community Center staff. Exhibits /Attachments Background of donation, description of Conversation Pace Course, action of the Parks and Recreation Commission, per Commission minutes. Council Action • REPORT o1 TO MAYOR AND CITY COUNCIL SUBJECT: GIFT OF CONVERSATION PACE COURSE BACKGROUND OF DONATION: f DATE: April 23, 1981 COUNCIL MEETING: May 6, 1981 Several months ago City staff were contacted by representatives of the Los Gatos Community Hospital regarding placement of a Senior. Citizens Fitness Course in connection with the Senior Citizens Addition to the Community Center. • Since there is not sufficient space for this type of facility in the area of the Community Center, staff recommended that E1 Quito Park be considered since it not only has available space but a great number of Senior Citizens are and will be living in the immediate vLcinity. The Los Gatos Community Hospital staff explained they are working with cities in the area and The Gamefield Concept Company to place this type of.fitness course in various cities and they would be very interested in locating a facility in Saratoga. They then reviewed the El Quito Park area and considered it an acceptable location. The City was.again contacted and a verbal proposal was made. The staff then presented the proposal to the Parks and Recreation Commission and received initial approval from the Commission to continue negotiations.with the Hospital and Gamefield. This was done .and the City has now received an official proposal from the Los Gatos Community Hospital and The Gamefield Concept. DESCRIPTION OF COURSE: The Conversation Pace Course is a 15 station fitness course geared for Senior Citizens. It is called Conversation Pace because it is designed to be a healthy physical experience to be used on a regular basis while renewing old friendships and cultivating new ones. The purpose is to walk, talk and enjoy fresh air while obtaining physical benefits. Attached is a picture description outlining each station. It is designed so that the first through fifth stations are warm -up, station numbers six through ten are the most strenous and stations eleven through fifteen are for slow down and cool off purposes. Each individual may participate at their own pace and as many repetitions as they would like. The course includes Report to Mayor and City Council Council Meeting: May 6, 1981 Page Two a sign giving overall instructions at the start as well as instruction signs at each station. Several pictures are attached to show you the appearance of the equipment and several of the stations. Each sign will contain the name of Los Gatos Community Hospital and The Gamefield logo, no other advertising will be allowed. The Hospital and Gamefield staff will provide the curriculum prepared by Stanford University, as well as a fitness package to assist Seniors using the course. They will also provide initial training sessions to which Seniors, hospital and City staff will be invited to attend. Each participant may obtain an individual fitness package with instructions, measurement and progress card. It is staff's intention that following the initial training programs this individual packet will be available for people at the Community Center. PARKS AND RECREATION COMMISSION ACTION i; The Parks and Recreation Commission was informed of this potential proposal at their meeting in February, 1981 and they were highly in favor of staff continuing negotiations._ Following receipt of a.letter from The Gamefield Concept in late March informing the City ..that the site of El Quito Park had been approved and that Los Gatos Community Hospital had been able to raise the necessary funds, the entire concept was again presented to the Parks and Recreation Commission at their meeting in April 1981. The Parks and Recreation Commission recommended that the City accept the donation of the Fitness Course and that the City staff work with Gamefield Concept people to determine location prior to presenting a recommendation to City Council. This has been accomplished and the Commission will at their meeting on May 4th, determine and approve the location for each fitness station and a diagram showing this will be available for your review at the Council Meeting. The Commission also had questions about the maintenance of the individual stations, the potential for vandalism and the cost of replacement. Staff has carefully reviewed with Gamefield the manner in which the courses are put together and are satisfied that the vandalism should not be a tremendous factor. As you can see from the attached pictures, the items are made in a very sturdy fashion. Staff and members of the Commission will be available at your meeting to answer any questions you might have on this subject. • Barbara Sampson • Director of Community Services Secretary to Parks and Recreation Commission Walking for daily activity is the theme of the Conversa- tion Pace Gamefield. It was designed for senior citizens, and in this context it offers not only a major attraction for an entirely overlooked segment of our society, but a pleasant experience to be used on a regular basis while building old friend- ships and cultivating new ones. Exercise is not the focus of this circuit, conversation is!! We feel that the spirit of this program provides its character and the physio- logical and psychological benefits to some extent, are a byproduct of its main thrust, which is simply WALKING AND TALKING while enjoying the fresh air, the outdoors, and good company. This program will also have tremendous application in a variety of novel settings. So look for Conversation Pace Gamefields to relieve stress from business, to provide a diversion for visitors and kids waiting around hospi- tals, and for your road to recovery after illness. STRESS RELEASE PREVIEW Begins periferal blood circulation, relaxes the muscles, and provides a base for the workout to follow. 1` CHAIR UPS Abdominal game. STRESS RELEASE CLOSING The last game quiets the system after the exertion, and provides a moments relaxation. Page 14 I M . J SLALOM REACH Here the muscles begin to receive oxy- gen and light activ- ity to warm the body up. The oblique muscles are also stretched and toned here. SIDE JUMP Coordination and agility game. Thanks for playing the Gamefield. HALF SQUAT This game stretches the leg muscles and Improves lower body flexibility. PUSH UPS Builds upper arm and chest muscles. SIDE TWIST The twisting action stretches the trunk muscles. FREE HANG Full body stretch. (ALTERNATE) KNEE UPS Abdominal and breathing game. I� FINGER WALK Provides a complete body stretch. (ALTERNATE) ACHILLES STRETCH Provides an achllles stretch. BLOCK WALK Balance game. Page 15 DOUBLE STEP This game works the leg muscles and strengthens the heart. HEEL AND TOE WALK Foot flexibility and strengthening game. 4*J CIRCLE HURDLES Coordination and knee -up game. l,. - . POLE CLIMB Trunk stretch. . r Pater. �- R ec.Q�arau �J+�M�ss�a►►� u►►�.��s A Pa%L vu AA100?0V190) B. REVIEW OF THE GAMEFIELD CONCEPT PROPOSAL FOR CONVERSATION PACE FITNESS COURSE-TO..BE-BUILT IN EL QUITO PARK A donation of this recreational walking circuit is being offered by The Gamefield Concept through the Los Gatos Community Hospital. The FITNESS COURSE $7000 gift includes the $5000 price, tax, delivery, and preassembly of EL QUITO PARK the course. After discussion, the Commission consensus was that this will be a desirable addition. Staff will convey to Gamefield the Com- mission's interest, and will ask Gamefield representatives to come to Saratoga to meet with staff and walk the area to determine the partic- ular location. Chairman Terry felt that the proposal should be presente( to City Council based on a specific location, and the Commissioners will participate in this meeting if possible. This will also be an opportun- ity to learn how substantial the construction would be, and if it would constitute a maintenance problem. C. RECOMMENDATION TO COUNCIL RE: JAPAN BAMBOO SOCIETY OF SARATOGA FOR BAMBOO GROVE AT HAKONE GARDENS The Commission toured the area and saw the proposed site for the bamboo JAPAN BAMBOO grove on March 14. There was some discussion of this proposal, and the SOCIETY PROPOSAL Commission consensus was to recommend.that City Council consider the proposal for the i ni ti al area. It will take about two years to get a bamboo stand established, and during this time the Commission can deter- mine whether the Bamboo Society can continue the maintenance activities. After a few years the question of possible expansion of the grove can be considered. • COMMISSION AND STAFF REPORTS A. REPORT FROM REPRESENTATIVES ATTEND.I.NG;GENERAL PLAN REVIEW COMMITTEE MEETINGS Commissioners Price and Buchan reported on the meeting for Area F, Kentfield, which they attended. The feeling which came across at this meeting was that people were not in favor of parks. Dogs in all the parks is a major problem. There was a suggestion that Gardiner Park GENERAL PLAN be closed at sunset, and that a park rules sign be reinstalled. Chair - REVIEW COMMITTEE man Terry attended the Area G, Sobey Road, meeting. Trials were briefly MEETINGS discussed but were not a major issue at this meeting. Chairman Terry also reported on the Area B, Congress Springs- Pierce Road, meeting. Wildwood Park was recognized as a problem area in the past, and there was a comment that the park should be turned into a parking lot. He felt that on the whole, however, there was support for Wildwood Park. The future and the zoning of the Saratoga Horticultural Foundation site was discussed. Councilmember Clevenger commented about the Area J, Village, meeting. She felt that despite complaints about Wildwood Park, there is support for it but no interest in expanding the park. B. REPORT ON COUNCIL ACTION RE: JOHNSTON PARCEL ADJACENT TO WILDWOOD PARK Several months ago the Planning Commission had recommended that the Johnston parcel be considered for a General Plan change; Council denied ' JOHNSTON PARCEL the request and referred it to the General Plan Review Committee. A representative for Mr. Johnston wrote to Council requesting reconsidera- tion based upon an item in the property deed that it would not become • y CITY OF SAIZATOGA j -- AGENDA BILL NO. %, Initial: Dept. Hd. DATE: May 6, 1981 SPEPAM=: Public Works ---------------------------------------------------------- SUB, =: Petition re: Fruitvale Ave. at Alondra C. C. Mgr. Issue Summary Residents of Fruitvale Ave. and Alondra Lane have petitioned to have the vertical alignment of Fruitvale Ave. changed to improve sight distance. Recommendation Refer to Public Works staff to review and report back to Council relative to complying with request and the associated costs. Fiscal Impacts Unknown at this time E: chibi is /Attachrrents Petition Council Action i /I U i�:.c- Wiz-.., TO: CITY OF SARATOGA FROM: RESIDENTS OF FRUITVALE AVENUE AND ALONDRA LANE r UP if "IF We would like to bring to the attention of the city d1~ Saratoga our concern because of the vertical alignment of the road of Fruitvale Avenue causing a sight distance problem_.at the location of Fruitvale Avenue and Alondra Lane. It is very difficult to see any cars coming up Fruitvale Avenue toward Los Gatos — Saratoga Rd. at this location causing property owners leaving their driveways on Fruitvale Avenue as well as all cars entering Fruitvale Avenue from Alondra Lane a sight distance problem. We have many children living in these locations crossing the street and this we feel is of great concern unless extreme caution is taken. We would like for city officials to count the traffic from West Valley College day and night which uses Fruitvale Avenue and also to consider the additional traffic- the post office when completed will impose upon Fruitvale. Fruitvale Ave. 0 has become a very, very busy streeto Valley Vista Dr. is also affected by a sight problem. We feel the vertical grade of Fruitvale Avenue at this location should be corrected so the slope of the grade will allow those people leaving their driveways from Fruitvale Avenue as well as those people entering Fruitvale Avenue from Alondra Lane to be able to see cars coming up the grade towards Saratoga —Los Gatos Road. The city of Saratoga's prompt attention to this matter will be appreciated! KI ZZ 7 � y4 .r y - �• - J c f. • AGENDA BILL NO: CITY OF SARATOGA A Initial: Dept. Head: yam. DATE: May 6, 1981 City Atty DEPARTMENT': Community Services City Mgr ----------------------------------------------------------------------------------------- - - - - -' SUBJECT: Re-Roofing of the Civic Theatre Issue Summar At the April lst meeting Council authorized the call for bids for the re- roofing of the Civic Theatre Building. The project was appropriately advertised, contractors notified and four contractors checked out bid specification's'./-Only one contractor, California Roofing, submitted the necessary Affirmative Action Program and bid. Recommendation Approve supplemental appropriation of $3,173 from Revenue Sharing Fund for the re- 0 Roofing Project. Award contract for Proposal I, complete re- roofing of the Civic Theatre, to California Roofing Company in the amount of $20,173. Fiscal Impact The 1980 -1981 Capital Improvement Program allocates $17,000 in Revenue Sharing for this Project. The difference between the estimate and bid amount can be attributed to inflation that has occurred since the estimate was completed in April 1980 and further deterioration of the roof which took place during the rainy season during this last winter. Exhibits /Attachments Background report on need for roofing, cost estimates and bid process. Council Action is • Yx 4 w R7' s s O ` f �47 M REPORT TO MAYOR AND CITY COUNCIL SUBJECT Re-Roofing of The Civic Theatre Need For Roofing Project DATE: COUNCIL MEETING April 30, 1981 May 6, 1981 The roof of the Civic Theatre is the original roof, done when the building was constructed in 1964. It has been patched on.many occasions and has deteriorated to the point where it is no longer possible to simply repair certain areas. Because the roof is in such bad condition, staff requested the bidders to present two proposals, one for complete replacement of the roof and a second proposal to place a new roof over the old. Cost Estimates In February or March 1980, when staff were preparing estimates for the Capital Improvement Program of the 80 -81 budget, several roofing companies were contacted regarding estimates for the re- roofing project for the Civic Theatre. The estimates were submitted by several companies and the City determined the appropriate amount necessary to re —roof the building.would.be in the neighborhood of $15,000. An inflation factor was added since it was determined the project would not be put to bid before the Fall.1.9.80. The difference between the final estimate and the actual bid can be attributed to inflation, further deterioration of the roof caused during the winter, and a delay in the bidding process created by the time of budget approval, a vacancy in the Government Buildings Foreman Position and re- prioritizing the projects of the.Director of Community Services during the absence of a City Manager. Bid Process Bid specifications were complete immediately following Council approval of the bidding process and the Department of Community Services submitted the appropriate legal advertising, notified the Roofing Contractors Association and sent letters inviting bid to roofing companies who had done work for the City before and those • recommended by the Architect and Building Department. Four roofing contractors took out specifications. Only California Roofing Company submitted the required Affirmative Action Program by April 24th and submitted Apri 1 30, 1981 Re-Roofing of The Civic Theatre Page Two a bid by the deadline of April 30th. Since only one bid was submitted and it is 18.6% above the final estimate, the Council has. several options they may wish to consider: 1) Require the Project to be completely re -bid. 2) Extend the bid deadline and inform the companies who had taken out specifications that bids will be accepted until a later date. 3) Award contract to California Roofing as per their bid. The Director of Community Services would not recommend Options 1 or 2. Any further delay in this Project will undoubtedly cause a higher bid and re- bidding will consume more staff time further increasing the City's cost. The Director of Community Services does not hesitate in recommending that California Roofing Company be awarded the Contract for bid of this re- roofing project. The California Roofing Company did',Ae re- roofing project of the Community Center three years ago, and they have helped us with several roofing problems since. In addition, California Roofing,was one of the companies who took the time to provide us.with estimate for this roof project. • The Director will be available at the meeting to answer any questions you might have on this matter. • Barbara Sampson, Director Community Services Department • CITY OF SARATOGA Initial: AGENDA^ BILL NO. /, Dept. Hd . --- - DATE: May 6, 1981 C. Att DEPARTMENT =_ Code Enforcement 1 C. Mgr. ------------------------------------------------------------------------------------ SUBJECr: 69th Annual Memorial Day Parade Issue Summary The City has received written application from the Saratoga Foothill Club to hold the annual "Foothill Club Memorial Day Parade." The parade is to be held on May 22, 1931, beginning at 9:30 a.m. at the Memorial Arch adjacent to Blaney Plaza. There is to be a brief ceremony at the Memorial Arch and then a march /parade up Oak Street to Madronia Cemetery. The Foothill Club requests the services of two (2) traffic control officers for this parade. This is necessary so that the parade can safely cross State Highway #9 and proceed up Oak Street. The Foothill Club also requests that Oak Street be closed to traffic until after the parade has left the area. It is anticipated that the march /parade will be completed by 10:00 a.m. when the memorial ceremony continues at the cemetery. Reconmendation I recommend the City Council approve this application by minute action and authorize two Sheriff traffic units to work the parade for traffic control. City staff should then be directed to notify applicant, in writing, of this approval. Fiscal Impacts The Foothill Club has requested hour period. This is too short minimum of three hours service. in to work the parade. The cos twenty cents ($29.20). In the Exhibits /Attachments SEE ATTACHED SHEET. Council Action two (2) traffic control units monitor the parade for a one -half a time period for special reserve deputies, which require a In the past the City has pulled the two traffic control units t to the City for this service is twenty -nine dollars and past the City has absorbed this expense. Approved for 5/25, 5 -0. vl D 0 � A r, �P N s _5�r4-ro % w /9 Va- ✓7L/ e, ) 13475 P P �' a Ri610 APR 22 1981 Saratoga, California April 20, 1981 Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Members of the Council: The Memorial Day Committee of the Saratoga Foothill Club requests: (1) permission for a "parade" which will march from the Memorial Arch in the downtown area to Madronia Cemetery between 9:30 and 10:00 o'clock on Monday, May 22, 1981 (the new legal Memorial Day), and (2) traffic control for this parade. The parade will consist of representatives from the Veterans of Foreign ears and their Ladies Auxiliary, the Boy Scouts, Girl Scouts, Campfire Girls, 4 -H Club and a band or other musical group from one of the local schools (usually from Saratoga High School). The ceremony at the Memorial Arch includes the placing of a symbolic laurel wreath at its base in commeration of Saratoga's World War II heroes whose names are engraved thereon. Fitting ceremonies will begin at Madronia Cemetery when the "parade" reaches there -- approximately ten o'clock, and will include the placing of laurel wreaths by the Girl Scouts on the graves of all who have served in the defense of our country and are buried there and an address will be given by a Captain (Retired) from the U. S. Navy. This Memorial Day Activity has been sponsored and coordinated by the Saratoga Foothill Club every year since 1922. This will be the 69th year. We of the Committee thank you in advance for your consideration of these requests, and will be anticipating your reply. Yours truly, .rs. Virgil Campbell (member of the committee) Mrs. Virgil Campbell P. 0. Box 145 Saratoga, CA 95070 �1,�,�/ ��hv � � n�� S -6 CITY OF SARATOGA .• Initial: AGGENDA BILL NO. �p Dept. Hd DATE: May 8, 1981 C. Atty. �j DEPARTMWr: City Manager C. Mgr. T ------------------------------------------ - - - - -- SUBJECT.. Modification of requirement of submittal of contractor's Affirmative Action Plan Issue Summary City awarded contracts in excess of $5,000. require a bidder to submit an Affirmative Action Plan "... no less than one week before the bid opening..." This procedure may deter a qualified bidder from participating. It is proposed that this requirement be modified such that the Lowest Responsible Bidder be required to submit an acceptable Affirmative Action Plan no later than one week subsequent to his selection as the LRB. In the event that the original LRB cannot or will not comply, the next LRB will be selected and given one week to submit an acceptable Affirmative Action Plan. Reconmendation Z Adopt City of Saratoga Resolution No. 494 -�, amending Resolution No. 494, and modifying City of Saratoga Affirmative Action Guidelines, as per Issue Summary above. Fiscal Impacts A Reduction of time expended in the review of Affirmative Action Plans will occur. Additionally, a greater number of bidders may participate. Exhibits /Attachments Council Action Passed 4 -1 (Callon opposed). 0•' RESOLUTION NO. 494.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 494, RELATIVE TO CONTRACTOR SUBMITTAL OF AFFIRMATIVE ACTION PRO- GRAM /PLAN WHEREAS, the Saratoga City Council did on April 16, 1969, adopt the report of the Public Welfare Committee recommending enactment of a Saratoga Affirmative Action Fair Employment Ordinance; and, WHEREAS, the City Council did on August 6, 1969, adopt Ordinance 38.31, amending the City Code by the addition of Chapter 15, relating to Public Works contractors and non - discrimination in the performance thereof; and WHEREAS, said Ordinance 38.31, known as the Affirmative Action Ordinance permits the City Council to adopt a resolution establishing guidelines identifying the nature and scope of affirmative action de- sired by the City, and on September 17, 1969, the City Council adopted Resolution No. 494, establishing such guidelines; NOW, THEREFORE, BE IT RESOLVED that the Saratoga City Council does hereby amend those guidelines by requiring that for contracts which shall be in excess of five thousand ($5,000.00) dollars, the contractor determined to be the Lowest Responsible Bidder (LRB) shall be given one week subsequent to such determination, to provide the City Manager with an acceptable Affirmative Action Program /Plan; and, • BE IT FURTHER RESOLVED, that should the initially selected LRB not provide the City Manager with an acceptable Affirmative Action Program /Plan, within one week of such determination, then the next lowest LRB shall be determined and given one week to submit an acceptable Program /Plan; BE IT FURTHER RESOLVED, that no Lowest Responsible Bidder (LRB) will be selected and no contract will be let by the City unless an acceptable Affirmative Action Program /Plan is submitted as outlined herein, or on appeal, by the City Council, prior to the expiration of one week subsequent to the selection of an LRB. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga at a regular meeting held on the 20th day of May, 1981, by the following vote: AYES: NOES: ABSENT: • ATTEST: City Clerk Mayor CITY OF SARAPOGA X!M- MA.IBILL NO. _1 DATE: May 8, 1981 :Planning Initial: / Dept. Hd. C. Atty. C. Mgr. SUBjEcr: Appeal on Approval -of Two -Story Structure at 13687 Quito Road (A -759), -------- Appellant - Cheriel -- - - Jensen; Applicant_- Danny Ray__ __ ----------- - -- ------------------- - - - - -- Issue Su mTery On April 22, 1981, the Planning Commission granted approval for a 26' high two -story structure after the applicant agreed to increase the side yard to 16' and reduced the size of the structure X767 sq. ft. Following is a brief summary of appellant's letter: (1) Structure is incompatible with the neighborhood; (2) Concern with reduced setbacks and question regarding Article 3.7 and 3.7 -2; (3) Size and volume of structure (4) General Plan objectives being violated, page 3; �F�ar�donn,s of Urgency Ordinance not being met. It is recommended that the City Council: (1) Conduct a public hearing on the appeal (2) Determine merits of appeal and approve or deny 103) Staff recommended approval to the Planning Commission. Fiscal Impacts None anticipated. Exhibits /Attachments (1) Appeal Letter (2) Minutes for the March 11, 1981 and April (3) Staff Report dated March 6, 1981 (4) Addendum dated April 16, 1981 (5) Exhibits B, C, D and E Council Action 14 and Sections 22, 1981 Commission meetings • ✓'� GyN A4 8 U /�L� -. 6_20 i April 28, 1981 • 13737 Quito Road Saratoga, California City Council City of Saratoga Dear City Council Members, I am writing to appeal the decision *of the Planning Com- mission of April 22, 1981 on the Danny Ray:.house, A -759. I ask the Council to deny this design review. The side yard of my home is adjacent to this house with a 15 foot setback (10 required), and is about 5 feet below the elevation of the Ray lot. This house would tower over mine blocking virtually all my view of the north and north -west sky. A normal sized house of normal single story height would have none of these effects. This house is 26 feet tall, is two story next to single. story homes on two sides and contains the volume of a house with 5100 square feet of living space and a three car garage. They agreed to reduce the interior living space by about 700 square feet but_-..d:eclined-to reduce the • external volume claiming that they would "wall off "a•por - tion of the upstairs floor. The upstairs contains a full.kitchen. The house appears to be a duplex.in a single family residential neighborhood. (There are only three people in this family.). They have claimed the right to use a portion of the Zoning Ordinance which provides for reduced rear yard setbacks and altered side yard setbacks when a lot is non - conforming as to size, width, depth,or.frontage because the depth of the lot is 106 feet-where 115 feet is normally required, even though the lot is well over the 20,000 square feet required and is large enough to do a very fine design'of considerable size without imposing in any unusual way on the rural character of the existing neighborhood or the light and air of the neighbors. They would ordinarily be required to provide a 35 foot setback if indeed they would be allowed at all to build a two story house next to at least two - single story homes. (See Section 3.7 -2.7 A multi -story structure must provide a minimum rear yard of 35 feet and not more than 20o site coverage. Also.this ordinance states " where a single - story residential structure already exists on a lot or site, no new multi -story structure shall be allowed opposite to Sor contiguous to the same. The above regulations shall be I -2- Ray house appeal applicable regardless of whether or not the lots, sites or structures in question are within the same subdivision or development, or opposite and /or contiguous to each other but in separate or distinct developments." The rays have interpreted their lot to fall within the provisions of Article 14 of the Zoning Ordinance as to setbacks, due to substandard depth of their lot. This phovision.of the Zoning Ordinance is a whole section. If ey are allowed to use it they must adhere to all its provisions. Side yard setbacks would thus have to be in- creased to about 23 feet to compensate for the shortened rear setbacks. The Rays have finally agreed to set the house back 16 feet but had wanted to provide only a ten foot sideyard setback. There is substantial question within .the Zoning Code as to which provision supersedes which other provision as to setbacks. It is clear that Section 3.7 -2 supersedes Section 3.7. It is not clear that either are superseded, as to set- backs by Article 14: though they apparently are superseded as to uses. Within Article 14 itself there is conflict regarding which provisions of the code sKpersede each other. I have enclosed a copy of Section 14.2 and Section 14.3 for your comparison. It appears that the strength lies with Section 3.7 -29 requiring a rear setback of 35 feet for a multi -story structure. This house is too large for its setting, its placement on the site and too large,in relationship to its neighboring structures. It is more than 3 -112 times the size of its nearest neighboring house, 2 -1/2 times the volume of my home and the other home directly behind it and over two times the volume of the two story house opposite it across the private lane. The large homes in the vicinity are not nearly as large as this home. The nearest large home is a single story carefully hidden within its setting. No one would judge this single story home to be a large home it is so carefully sited. The Ray home is totally out of character with the eyd sting neighborhood and placed so that it is even more awkward than it would be if it were more considerately located. This home would even be cut of character with the R1- 20,000 zoning district. There itwould be allowed to cover only 17 of the site, rear setbacks would be 45 feet, front setbacks 30 feet and side yard setbacks 15 feet. • e • -3- Ray house appeal The General Plan sets the following objectives: Maintain the rural,,,residential' character of Saratoga. Protect the rural atmosphere of Saratoga by consid- ering the visual impact of new development. and policy.for the Quito - Kentfield area: Remaining vacant parcels in the Quito = Kentfield area should be developed in the same single family densities ` as the existing adjacent development. This proposal changes the residential character of this area of modest homes on generous lots. It violates the General Plan. Fast growing vegetation was promised the Brighams in return for their cooperation. This vegetation to be effective would have to be placed very near the ancient oak. Watering near this oak could kill it. As this is half my oak I ask that it be specified that watering shall not take place within the drip line of this large oak tree. • The Cittas were promised that some of the redwood grove next to their property could remain to screen this house somewhat from their view. While all the redwoods should rerrain in any sensitive design surely a house that does not need such intense .screening would be more appropriate. I also request that the fill that has been placed around the base of the oak in the past five years be removed as a condition of this application so as to prevent the loss in the future of the oak tree. Please accept this appeal based on the General Plan, in- terpretation of the Zoning Ordinance and /or the policies and findings of the Urgency Ordinance (attached). If it is the pleasure of the Council to deny my appeal please condition this design review to require that the high roof be removed from.the area to be walled off. Thank you for your kind consideration, Yours truly, Cheriel Jense Attachments ,t ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF _ SARATOGA IMPOSING A MORATORIUM UPON THE ISSUANCE OF BUILDING PERMITS WITHOUT PRIOR DESIGN REVIEW FOR CERTAIN RESIDENTIAL STRUCTURES PENDING REVIEW AND AMENDMENT OF HEIGHT LIMITATIONS AND OTHER BUILDING RESTRICTIONS PERTAINING THERETO The City Council of the City of Saratoga does hereby ordain as follows: Section l: Fiiidlings and D4claration of Intent. It is'the policy of the City of Saratoga to restrict the construction of one - family detached residential structures under circumstances where such structures would constitute an invasion of privacy, unreasonable interference with views, light and air, and create adverse impact upon the aesthetic character of neighboring residential structures. It is also the policy of the City of Saratoga to preserve natural topography, promote the construction of energy efficient residential structures, and to minimize the coverage of residential structures upon building sites. The City Council finds that effective implementation of these policies requires review and revision of existing zoning ordinances regulating the height and location of one - family detached main structures and accessory structures and revision of the existing procedures for design review of such structures prior to the issuance of a building permit. The City Council further finds that an urgency now exists for imposition of a moratorium upon the issuance of building permits for certain -" -`'_' "" .•'-" ^`t ^° :rte structures without prior design review and public hearing thereon, and unless such a moratorium is declared, the present zoning ordinances could allow the construction of one - family detached main structures or accessory structures which are not in accordance with the foregoing policies of the City of Saratoga. r*Z �'•�`a� isv:.� y'. '1 M,..:rY�• ��r' • � `' . '- .. � at.. .. ..� a. ..= :.e::. .i..y`.i,:'.`�•. }.0D•i'r:Y`.. � �. -�..�. ...-w .�y :. - ... •FiNitrtl+l G� - -- - -• -; It is the intention of the City Council to study and review the ordinance in question and to instruct the Planning Commission and the planning staff to submit to the City Council within a reasonable time their recommendations as to the manner in which such ordinances should be reviewed. In order to insure that the declared policies of the City of Saratoga are not violated, and in order to protect the public safety, health and welfare, the Council finds that it is necessary to adopt the regulations set forth in this Ordinance. Section 2: Purpose. The purpose of this Ordinance is to prohibit for a period of four (4) months the issuance of any building permit for construction of a one - family detached main structure or any accessory structure in an R -1 district having a height in excess • of twenty- two :(22') without prior design review and a noticed public hearing thereon, except as expressly permitted under Section 8 of this Ordinance. Section 3: Definitions. _ For purposes of this ordinance, the terms "main structure" and "accessory structure ", shall have the meanings as set forth in Section 1.5 of Ordinance NS -3. The height of :. a structure shall be measured vertically from the average eleva- tion of the finished grade of that portion of the site covered ' - by the structure to the highest point of the roofline; provided, ' _ ^:-= - -s•.:•. w,. -; - „�� .. however, that chimneys, flagpoles, radio and television aerials, - and necessary mechanical appurtenances may be erected to a height not more than twenty -five feet (25') above the highest _ - point of the roofline. _ . Section 4: Prohibition. No building permit shall be issued for the construction of a one - family detached main structure or any accessory structure in an R -1 district, where the proposed structure will exceed -2- r twenty -two feet (22') in height, unless the design of the proposed structure shall have been approved by the Planning - Commission following a noticed public hearing thereon. Section 5: .Notice of Public Hearing. ,' .. Notice of the public hearing shall be given not less than five (5) days nor more than thirty (30) days prior to the date of the hearing by mail, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning property within five hundred fee`t (�00') of the boundaries of the property upon which the structure is to be constructed. Notice of the public hearing shall also be published in a news- paper having general circulation in the City of Saratoga not '`': "^., •; later than ten (10) days prior to the date of the hearing. ^- _ Section 6• Action by the Planning Commission. Design Review by the Planning Commission, pursuant to this Ordinance, shall include consideration of the site plan, grading plan, architectural design and elevations and landscape plan for the proposed improvements. The Planning Commission shall be guided by the following criteria in rendering its decision: - (a) The proposed structure shall not significantly impair the present or future ability or an adjacent property to utilize solar energy. (b) The proposed structure shall not constitute an _ unreasonable invasion of the privacy of adjacent property owners. (c) The proposed structure shall not unreasonably interfere with the views of adjacent properties. (d) The proposed structure shall minimize disruption to natural topography, the natural drainage system, and existing " - vegetation. (e) The proposed structure shall not be out of character with the existing structures of the neighborhood. _ - -3- During the period this Ordinance is in effect, the Planning Commission may be guided by, but shall have the discre- tion to set aside, the restrictions or requirements of Section 3.7 -2 of Ordinance NS -3, commonly known as the "Multi -Story Ordinance." In the event of any conflict between this Ordinance and the Multi -Story Ordinance, the provisions of this Ordinance shall be controlling. Section 7: Appeal to the City Council. Upon the.granting or denial of design approval by the i � Planning Commission, either the applicant or any other interested person shallhave the right to appeal such decision to the City Council, and a noticed public hearing de novo shall be conducted on such appeal by the City Council. The appeal shall be taken by filing with the City Clerk a written notice thereof within ten (10) days from the • granting or denial of design review by the Planning Commission. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, and shall be accom- panied by a filing fee to cover the administrative cost of handling the appeal. Upon receipt of a notice of appeal and filing fee, the City Clerk shall set the appeal for hearing before the City Council at its next regular meeting that falls not less than ten (10) days after the date of filing the notice of appeal. The City Clerk shall give notice of the appeal in the same manner as provided in Section 5 of this Ordinance. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for further action as may be directed by the City Council. Section 8: Exceptions. This Ordinance shall not apply to any main or accessory • structure to be constructed in an HC -RD district, or any one - family -4- t iaw.: 2% wfa'. i•' r' ��civ -•y- ::9'��?frY:*��%7:�::uy/� f detached main structure to be constructed on a site having an ✓ average grade in excess of ten percent (102) as calculated in accordance with the provisions of Section 13.9 -2(c) of Ordinance NS -60, nor shall this Ordinance apply to the issuance of conver- sion permits pursuant to Section 16.15 of Ordinance NS -3. This Ordinance shall not be deemed to have revoked or modified any existing procedures and .requirements for site approval, design review and building permits for structures to be constructed in an HC -RD district, or on sites having an average grade in excess f of ten percent (.10%), or 'any existing procedures and requirements for. issuance of conversion permits. Section 9: Proceedings Affected. During the period this Ordinance is in effect, the processing of any application for a building permit for the construction of a main or accessory structure to which this Ordinance applies shall be suspended until the applicant shall have received design approval pursuant to the requirements of this Ordinance. Section 10: Effective Period of Interim Moratorium. This Ordinance shall be of no further force and effect four (4) months from the date of adoption hereof. However, this Ordinance may be extended in the manner provided in Government Code Section 65858 for additional periods of time. Section 11: Urgency of Taking Effect. This Ordinance is an urgency ordinance and is for the immediate preservation of the public health, safety and welfare by prohibiting the construction of improvements which may be in conflict with contemplated changes in the zoning laws which the City Council intends to study and adopt within a reasonable time. This Ordinance is enacted pursuant to Government Code Section 65858. -5- Section 12: Partial Invalidity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 13: Effective Date. This Ordinance takes effect immediately upon its passage and adoption. The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3rd day of September, 1980, by the following vote, which vote constitutes no less than a four - fifths (4/5) vote _ of the entire City Council of the City of Saratoga. AYES, and in favor thereof, Councilmembers: Clevenger, Jensen, Mallory, Watson, Mayor Callon. NOES, Councilmembers: None. ABSENT: Councilmembers: None. v MAYOR ATTEST: d Appx. B, § 3.2 Zoning Regulations Sec. ' 3. 2. Permitted uses. a. One - family dwellings. Appx. B, § 3.2 b. Raising of fruit and nut trees, vegetables and horticultural specialties not including nurseries, greenhouses, or storage of landscaping equipment, products or supplies for commercial uses. c. Home occupations conducted in accord with the regulations prescribed in article 12. d. Subject to the regulations and prohibitions of section 3. 7 -1, accessory structures located on the same site with a permitted use, including private garages and carports, limited to one guest house or accessory living quarters without a kitchen, and including storehouses and sheds, garden and shade structures, non- commercial greenhouses, recreation rooms, home hobby shops, cabanas and structures for housing swimming pool equipment. e. Private stables for the keeping of, or the keeping of, one horse for each 40, 000 square feet of site area, subject to the regulations and license provisions of division 5, article 1 of chapter 1 of the Saratoga City Code, provided that no stable or corral shall be located closer than 50 feet to any property line of the site or to any dwelling or swimming pool, on the site, nor closer than 100 feet to any dwelling not on the site, except that a corral may be located no less than 30 feet from the right of way of any side or rear street bordering on the site; and pro- vided further, in equestrian zone (1) only, that one additional horse may be per- mitted on the first 40, 000 square feet of site area, and an additional horse for each additional 40, 000 square feet of site area, upon the obtaining of a horse license therefor in accord with the above - referred to provisions of the Saratoga City Code. f. Swimming pools used solely by persons resident on the site and their guests; provided, that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard or less than six feet from a property line. g. The keeping of not to exceed the following numbers and hinds of birds, reptiles, fish and small mammals on each site, as pets only, and not for sale, experimental, breeding or commercial purposes: Domestic dogs and domestic cats, in reasonable numbers, to be confined to the premises occupied by the owner or person having custody or control, unless such animal is restrained by a leash or chain or at "heel" beside a competent person and obedient to that person's command. All clogs kept within the city limits shall be licensed in accordance with section 8. 18 of the City Code unless specifically exempted by section 8. 19 there,-,f. Domestic monkeys, in reasonable numbers, at all times on leash or chain or fully confined in a cage or other enclosure. 233 _.::. Supp. #13, 7 -78 Appx. B, § 3.3 Saratoga City Code Appx. B, § 3.3 Rodentia family (rabbits, hamsters, squirrels, mice, rats, guinea pigs, etc.) in reasonable numbers, at all times on leash or chain-or -fully confined in a cage or other enclosure. Birds and fowl, excluding peafowl, turkeys, chickens, ducks, geese, roosters, and any other species capable of raucous outcry, in reasonable num- bers, at all times to be fully confined in a cage or other enclosure. Reptiles and fish, excluding any poisonous species and excluding all species of crocodilians, in reasonable numbers and at all times to be fully con- fined in a suitable enclosure. The keeping of any other species of animal, or any of the above- enumerat- ed permitted animals which are vicious or dangerous, or constitute a public health hazard, or the keeping of any animal which by sound or outcry shall .disturb the peace and comfort of any neighborhood or interfere with any per- son in the reasonable and comfortable enjoyment of his property, is hereby prohibited and declared to be a public nuisance; ,such animals may be re- moved by the planning director or his authorized representative and taken to Humane Society of Santa Clara Valley Animal Shelter to be held subject to the rates and conditions contemporaneously prevailing at that facility. h. Unless combined with a PC or PD district or on hillside lots where the average slope of the site exceeds 10% recreational courts used solely by per- sons resident on the site and their guests, where such court (a) does not ex- ceed 7200 sq. ft_. in area, (b) has no_ outdoor or other exterior lighting, (c) has no direct opaque screening, (d) does not encroach upon any required front .or side yard nor within 15 ft. of any property line, (e) has no fencing in ex- cess of 10 ft. in height, and (f) is landscaped in accord with a plan approved by the zoning administrator so as to create a complete landscaping buffer from adjoining properties within two (2) years from planting. A building permit is required for each recreational court, and prior to issuance thereof a bond in reasonable amount to be. set by the zoning administrator shall be furnished to city to guarantee the installation of landscaping improvements in accord with the approved plan. (Ord. No. NS-3.12, § 7; Ord. No. NS-3.15, § 1; Ord. No. NS -3.22, § 3; Ord. No. NS -3.28, § 1; Ord. No. NS -3.38, §§ 2 -3.) Sec. 3.3. Conditional uses The following conditional uses shall be permitted upon the granting of a use permit, in accord with the provisions of article 16. a. Community facilities and institutions including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private nonprofit schools and colleges, not including art, craft, music or dancing schools or business, professional or trade schools and colleges; Public playgrounds, parks, community centers, libraries, museums, art gal- leries, police and fire stations and other public buildings, structures and fa- 234 -78 Supp . #13, 7 .:a 110 : Y± 0 Ulf I Appx. B, § 3.5 Zoning Regulations Appx. B, § 3.7 the required front yard; except, that in an R -1 district other than the R -1- 40,000 district, within fifty feet of a street intersection,-no fence, wall or hedge shall exceed three feet in height above the established grade of any adjoining street. Sec . 3 . 5 . Site area, frontage , width and depth. The minimum site area, frontage, width and depth in each R -1 district shall be as prescribed in the following table, subject to the exceptions listed below: Site Area . Site Site Site District Interior Lot Corner Lot Width Frontal Depth R -1- 10,000 10,000 square feet 11,500 square feet 85 feet 60 feet 115 feet R -1- 12,500 12,500 square feet 14,000 square feet 90 feet 65 feet 120 feet R -1 -15 , 000 15,000 square feet 15,000 square feet 100 feet 70 feet 125 feet R-1-20,000 20,000 square feet 20,000 square feet .:11¢ feet 80 feet 140 feet R -1- 40,000 40,000 square feet 40,000 square feet '15dfeet 100 feet 150 feet The width of a corner lot shall not be less than one hundred feet. The minimum frontage on a cul -de -sac turnaround shall be sixty feet = 1' ^: where seventy -five percent or more of the frontage adjoins to the turnaround. The minimum site area for a corridor lot in a R -1- 10,000, R -1- 12,500 or R -1 -15,000 zoning district and the minimum site area for any lot in the above zoning districts which has its sole access to a public street by means of a mini- mum access street, which minimum access street is established or created after the effective date of this ordinance , shall be 20, 000 square feet, exclusive of the area of the corridor or minimum access street. (Ord . No NS -3.11, § 1; Ord. No. NS -3.17, § 1.) Sec . 3 . 6 . One dwelling unit per site . Not more than one dwelling unit shall be locates on each Sec. Coverame front and side o y yards, rear yard. 7T7 maximum site area covered by structures and the minimum front yar, yards and rear yard in each R -1 district shall be as prescribed in the following table, subject to the exceptions listed below. Appx. B, § 3. 7. 1 Zoning Regulations Appx. B, § 3. 7. 1 District Coverage Front. Yard Side Yards Rear Yard R -1 -10, 000 35 per cent 25 feet - - 10 feet 25 feet R -1 -12, 500 35 per cent 25 feet 10 feet 25 feet R -1 -15, 000 30 per cent 25 feet; 12 feet 30 feet R -1 -20, 000 30 per cent 30 feet 15 feet 35 feet R -1 -40, 000 25 per cent 30 feet 20 feet 50 feet On the street side of a corner- lot the side yard shall be not less than twenty- five feet. One foot shall be added to an interior side yard for each two feet of height or fraction thereof by which a portion of a structure within thirtv feet ofthe nearest side property line exceeds fourteen feet in height; provided, that a side yard of more than twenty -five feet shall not be required. On a corner lot a rear yard equal to the required minimum side yard shall be permitted; provided, that a yard space equal to twenty -five per cent of the area of the site shall be provided adjoining the rear property line. On a corridor access lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purposes of measuring front, side and rear yards. Accessory structures not attached in any way to the main structure and not `= exceeding fourteen feet in height may be located in the required rear yard; pro - vided, that no more than five hundred square feet or ten per cent of the area of the required rear yard, whichever is the greater, shall be covered by such structures, and provided further, that on a reversed corner lot no such detached accessory structure shall be located closer to the rear property line than the required side yard on the adjoining key lot. (Ord. No. NS -3. 7, § 2; Ord. No. NS -3. 22, § 1.) Sec. 3. 7. 1. Accessory structures in rear yards. (a) No accessory structure located in a rear yard shall exceed twelve feet in height. Except as otherwise permitted by subsection (b), no accessory structure or fence shall be located in the required rear yard of any lot or site. (b) Accessory structures and fences may be located in the required rear yard of a site subject to the following requirements: (1) A use permit shall first be obtained under. article 16 of this ordinance for any accessory structure over six feet in height and any fence over six feet in height. (2) Except as hereafter provided, the setback of the accessory structure from the rear property line shall be a minimum of twenty -five feet, and setback from the side property line shall- be the same distance as the minimum required side yard of the zoning district classification of the site. On a reversed corner Jot, no accessory structure shall be located closer to the rear property line than the distance equal to the required side yard of the adjoining key lot. 235 :: Supp. #10, 9 -75 • r1 LJ LJ Appx. B, § 14. 1 -1 Zoning Regulations Appx. B, § 14.3 h. That the use will not create any hazard of fire or explosion. When a use has been added to a list of permitted uses'in accord with the procedure prescribed in this section, the use shall be deemed to be listed as. a permitted use in the appropriate section and shall be added to the list of that section of this ordinance when it is next published, with a notation of the date when the use was added to the list. (Ord. No. NS -3. 6, § 3.) Sec. 14. 1 -1. Same- -Uses permitted in conditional reclas - sification. Upon application, the city planning commission may add additional permitted uses to the uses permitted under conditions imposed in a conditional reclassifica- tion ordinance adopted pursuant to section 18. 11 of this ordinance, so long as such additional uses are otherwise listed as permitted uses in the district classification to which the property has been conditionally reclassified. Application shall be made by owner or owners of the property affected and. shall be on such forms and shall be accompanied by such data and informatfon as prescribed by the planning commission. (Ord. No. NS -3.5, § 1 ) Sec. 14.2. Conformity with district regulations . No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district in which the site or structure is located. No structure shall be erected and no existing structure or use shall be moved, altered or enlarged, except in conformity with the regulations for the district in which the structure or use is located. No yard or other open space surrounding any structure or use shall be used, encroached upon or reduced in any manner except in conformity with the regulations for the district in which the yard or open space is located. No site held in a single ownership at the time of the adoption of this ordi- ON nance or at any time thereafter shall be reduced in any manner below the inini- mum area, frontage, width or depth prescribed for the district in which the site is located. Scc. 14.3. Use of nonconforming; sites. Except as otherwise provided in this section, a site having an area, fron- tage, width or depth less than the minimums prescribed for the district in which the site is located, which is shown on a duly approved tentative subdivi- sion map for which a final subdivision map is recorded prior to the expiration of one year from the date of said-tentative approval, or for which tentative building site approval has been obtained and final site approval is secured within one year from date of said tentative approval, or for which a deed or 282.1 Supp. 12 -64 Appx. B, § 14.3 Saratoga City Code Appx. B, § 14.3 valid contract of sale was a record prior to the effective date of this ordinance, and which had a legal area, frontage, width and depth at the time that the tenta- tive map was approved, or'the deed or contract of sale was recorded, may be used for a permitted use, but shall be subject to all other regulations for the district in which the site is located; except, that the minimum width of side yards shall be as follows: a. Side yards adjoining interior lot lines shall be not less than ten per cent of the width of the site or six feet, whichever is greater. b. A side yard on the street side of a corner lot shall be not less than twenty per cent of the width of the site or fifteen feet, whichever is greater. Appx. B, § 14.4 Zoning Regulations Appx. B, § 14,6 } Where the depth of a nonconforming site is less than the minimum pre- scribed, the rear yard shall be twenty per cent of. the depth of the site or twenty feet, whichever is the_..gr_eater__4Ord_.No _ i.,- § 6. Sec. 14.4. Yard suaces. No yard space provided about any structure in compliance with the regu- lations for the district in which it is located shall be deemed to provide a yard space for any other structure, andnoyard on one site shall be deemed to provide a yard space for a structure on any other site. Sec. 14.5. Coverage -- Measurement: To determine the per cent of the site area covered by structures, the num- ber of square feet of horizontal area covered by structures, open or enclosed, and by projections of structures, except those prescribed as exceptions to yard requirements in section 14. 7, shall be divided by the total horizontal area with- in the property lines of the site, f. /. Sec. 14.6. Yard requirements -- Measurement. Required yards shall be measured as the minimum horizontal distance 3 < from the property line of the site or street line to a line parallel thereto on 4Y= the site; provided, that where a precise street plan has been adopted by the city council, required yards shall be measured from the plan line, and no pro- vision of this ordinance shall be construed to permit a structure or use to ex- tend beyond such line; and provided further, that where a site abuts on a street having only a portion of its required width offered, dedicated or reserved for street purposes, required yards shall be measured from the line established by the planning; commission upon an existing or proposed site bordering a public street, which line, in the opinion of the planning commission, will be the future proposed precise street plan line where such precise plan line is not yet established. On a site which is not rectangular or approximately rectangular in shape, required yards shall be measured in the manner prescribed by the city planning ,-� commission. Anything hereinabove in this section or in subsection (hhh) of section 1.5 here- of notwithstanding, in any areas of the city located within an officially approved program area of the Saratoga Housing Assistance and Rehabilitation Program (SHARP), and where the public street right -of -way contiguous to the lot or site in question is equal to or exceeds 60 ft. in width, the front yard shall be measured as the minimum horizontal distance from back of curb at street pavement, to a line parallel thereto on the site at the closest front building line. (Ord. No. NS- 3. 30, § 1. ) 282. 2a Supp. #13, 7 -78 Mrs. Barrie stated that the location she has chosen is good land, but poss.ihly she could move it back a little. She explained that the engineer divided the lot incorrectly and Shc has more land in front of her own home than she had intended. It was the consensus that Staff would determine whether the building should be mo••'ed back to the extent of. SO ft. Commissi -)nor King seconded ti" m� ion for amendment. The vote was taken on the motion for approval ol; A1� 6 as amended, and it was carried unanimously, 4. A 759 Dan Ray, 13687 Quito Road, Request for Design Review Approval for a two- story, single- family dwelling that would be over 22' in height (maximum 261) on a lot with an average slope less than 10. in the R- 1- 10,000 zoning district Staff described the proposal. They commented that the lot is nonconforming from the standpoint of the dclith of the lot. It was noted that there is an existing well in the backyard which can be used for irrigation purposes; - 2 " • .. v,. w. +��- a.�.VV t•w. ,..Ii�r .-1 . • N' �I�Uw+ 1+: i... �X+ .' �•' w: Y1tiaCWJVl<•- i,r!Yw.7n•�4r.,io- . .. .,�h! �lHlw .�ti: �!1:(ilt :%.A�GV+��'ih11�11a.'\ ter•. -.i'� • Planning Commission page 2 Meeting Minutes - 3/11/81 A -756 (coat.) ""= " <'"`=�`- :x "- t;`•= '= '•' = =�= and the applicant has submitted the requested information. The public hearing was reopened at 7:45 p.m. Robert Bostedt, 12890 Pierce Road, stated that he cannot agree that a single -story structure in the same vicinity would have the same privacy impact.. The fill that Mr. Bostedt had previously stated had been put on the property was discussed. lie stated that he disagreed with the statement by the applicant that there will be no fill. underneath the area of the proposed building. Mr. Bostedt commented that this.fill has raised the elevation of the property there and will. make the building even higher than the natural contours were. The drainage situation was discussed. It was pointed out. to Mr. Bostedt that there is a condition in the report stating that detailed drainage and grading plans would have to be reviewed and approved by the City before the structure can be built. Mr. Bostedt commented that a similar condition was also put in SDR -1262 on the house previously built, and it was never done; the land was al.l graded toward his home. Mrs. Barrie, the applicant, stated she had not done any cut and fill. She explained that she had ordered four truckloads of top soil, and the firm _ had given her five by mistake. Mrs.. Barric stated that she had paid to have the one load taken out. She commented that she had lost her financing ' and probably would not be able to build. - Commissioner King moved to close the public hearing. Commissioner llonia seconded the motion, which was carried unanimously. Commissioner Crowther commented that he believes the overall situation, both in terms Of the value of the house and the effects on the neighboring property, would be .improved if the house were moved back about SO ft. lie explaincd that moving it 50 ft. down the lot would give a larger front yard and possibly some large trees could be saved. Commissioner Monia moved to approve A -756 per the Staff Report.. Conunis - sioner King seconded the motion. Commissioner Crowther moved to amend the motion to make it dependent on evaluation of whether it is feasible to move the house back approximately 50 ft. on the lot. Commissioner Mon.i.a stated that he was concerned that if the house were moved back, it starts to have impact on the. other residence on the right- hand side of the drive. lie added that t•.he slope starts getting larger, and he thinks that we would end up grading more and creating more of a problem with the drainage in that area, as well as an impact on the exist - * in,, house on the right -hand side. Commissioner Crowther noted that the lot is flat for approximately 100 ft. back, and then drops off after that. Mrs. Barrie stated that the location she has chosen is good land, but poss.ihly she could move it back a little. She explained that the engineer divided the lot incorrectly and Shc has more land in front of her own home than she had intended. It was the consensus that Staff would determine whether the building should be mo••'ed back to the extent of. SO ft. Commissi -)nor King seconded ti" m� ion for amendment. The vote was taken on the motion for approval ol; A1� 6 as amended, and it was carried unanimously, 4. A 759 Dan Ray, 13687 Quito Road, Request for Design Review Approval for a two- story, single- family dwelling that would be over 22' in height (maximum 261) on a lot with an average slope less than 10. in the R- 1- 10,000 zoning district Staff described the proposal. They commented that the lot is nonconforming from the standpoint of the dclith of the lot. It was noted that there is an existing well in the backyard which can be used for irrigation purposes; - 2 . .;i::...�.,,'i.;W.e.i- +v -•..- .r.:�:...tscw+":4...., ,:>,.or . r. r.+: Y�. c• V• �: i:.:+:�Ji�ur..ivv).'.r.':..`w: ..... .... .. ups• .w.nt - r.r. �. ..,c.. Planning Commission Pagc 3 Meeting Minutes - 3 /11 /St A -759 (cont.) however, it is not a pump for the pool. Staff stated that the issues before the Commission are: (1) the appropriateness of a two -story in this location, (2) the privacy factor as it relates to the adjoining properties, and (3) the issue of whether or not a variance would be required for the - Structure in front of the pad. It was noted that numerous letters have been received in opposition to this application.. Staff suggested taking public testimony and continuing the .item to a study session. The public hearing; was opened at 8:10 p.m. Gordon Jensen, 13737 Quito Road, stated that his objection centers on the size of the house and the two- story design. lie stated that Ile feels the house is inappropriate for the present location. Mr. .Jensen commented that the lot is only 106 ft. deep and it is in a R -1- 70,000 zoning. He also commented that either the front and side yard setbacks should be increased in line with the house, or the house size should be reduced in line with the zoning. Mr. ,Jensen stated that his property is 5 to 6 ft. lower than the Ray lot and they would stiffer a complete loss of privacy in their backvard with this proposal. He added that it is about three times the hei.gitt of the house next door, which is only 8 ft. from the property line. - -- Staff explained the coverage factor. They stated that there is no ordi- nance that puts a limit on the square footage, only on the percent of coverage. Mr. Ray, the applicant, stated that his lot is 24,000 sq. ft. and only coi-crs 1.7yt7, of the lot, as opposed to 35o' allowed under ordinance. He stated that Mr. Jensen can now see over into his yard, since it appears that his house is a two -story from the basic height. Dr. Riggle, 18040 Aspesi Court, stated that the petition received by the Commission had been circulated in their area against the relatively high rise structure in their area. Marcia Citta, 13695 Quito Road, concurred with the Jensens about the fact that a two -Story home would be very devastating to her home. She stated that they are concerned that Mr. Ray wi1.1 be building within 10 ft. of his side setback. Mrs. Citta added that she recognized that Mr. Ray is trying to work around an existing swimming pool, which she doubts is worth saving, and feels it would be best if he could just remove it and then move his house to a more central location. She stated that she is also concerned about trees that give them privacy, since Mr. Ray has indicated - - that he will pro1) ahIy have to remove them. - Pat Brigham stated that they were directly behind the proposed house. She commented that it would be horrible to have a two -story there. Mr. Ray, responded to the letters and petition received by the Commission in opposition. He Submitted a letter to the Commission, listing these responses. lie pointed out that their proposed home is designed to blend With the newer existing homes in the neighborhood, and the preservation of large trees and natural surroundings were given priority. Chairman Laden suggested that the Connnission try to gi:e some direction to - the applicant tonight, and then agendi_e this matter l.or a Study SOSSion. Commissionc'r Monia stated than he has a lot of serious reservations about the home which he is not sure can he resolved in a study session. Ile explained that this is an odd Situation where the lot is 24,000 sq. ft. in a R- 1- 10,000 zoning district. lie stated that, since most of the neighbors in the back are single- story, a single -story house would be more appropriate. lie indicated that he is also concerned abort the size of the " houSC, and feels the Commission has to look at the intent of the zoning area. Commissioner Monia Stated that he would like to sec the house in 3 -- • Planning Commission Mccting Minutes - 3/1.1/81. Page 4 A -759 (coat.) more concert with the neighborhood, say a 3500 sq. ft. home. Commissioner Bolger agreed stating that the homes in the immediate vicinity were much smaller, i.e., 1800 -2700 sq. ft. Ile commented that he feels the size of this dwelling is much larger than the rest of the neighborhood, and lie is concerned about a two -story design from the privacy aspect. Commissioner Schaefer stated that the size was her main concern. Silo indicated that it was a very nicely designed home, :.but questioned whether it belongs on that lot. Commissioner Schaefer suggested perhaps a second story of sonic kind could he worked out. Commissioner Crowther agreed that the house is too large. lie indicated that he was concerned about the setbacks and the pool structure that is there, which seems to be dictating a lot of the consideration with regard to location of the house. Conunissioncr King stated that lie feels continuing the matter to a study session is a good idea. lie commented that Mr. Ray might consider sonic of the su;,gestions the neighbors have raised concerning the location of one end of the lot, and he would have some question about the value of the. existing pool structure as it relates to the siting of the house. Commissioner Zambctti stated that his concern was that the neighborhood work in harmony with the applicant. He added that he feels it is important that this item he continued so the neighborhood can talk among themselves, and then come to a study session, in order to reach a compromise. Mr. Ray stated that lie feels it would be to everyone's advantage if we • do have a study session. Ile pointed out that he would like to emphasize that, regardless of whether the house is one or two - story, he can coyer much more square footage of the lot if it is one - story, without having to appear before the Commission, per ordinance. Ile indicated that the pool is of great value to them. The Following were summarized as concerns of the Commission: (1) Concern for the two -story house by neighbors and sonic of the Commission. Perhaps sonic kind of compromise can be reached; sonic portion might he two-story that wouldn't impact the rest of the neighborhood. It might be a possibility that perhaps only a single story home would he desirable. (2) Concern in the placement of the house to the easterly property line ( 3 ) The S i Z e 01 tile h o u s e It was directed that this item be continued to a study session on April 14, 1981 and the regular meeting on April 22, 1981. S. UP -479 - Immanuel Lutheran Church, 14103 Saratoga Avenue, Request for a Use Permit for the jiarki.ng lot lightin _erog_am -__ -_ _ Staff explained that the original use. pernii.t for the expansion had a con - dition that the lighting program must he submitted for review through the _ use permit procedure. Staff described tile. proposal. The public he;iring was opened at 8:S2 p.m. Since no one appeared, Commissioner Bolger moved to close the public hear ing. Commissioner Zamhetti seconded the motion, which was carried unani- mousll'. •' "' Commissioner (:rowther moved to '- ' approve 111 479 per the Staff Report. rya,:. A-1 s� CITY OF SARATOGA PLANNING COMMISSION ni rNn1111nc DATE: Wednesday, April 22, 1981 -.7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting :-:ii ---------------------------------------------------------- -- ---- ----- --- - -- ROUTINE ORGANIZATION Roll Call Present: Commissioners Bolger, Crowther (arrived at 8:35 p.m.), King Laden, Monia, Schaefer (arrived at 7:35 p.m.), and Zambetti Absent: None Minutes It was moved by Commissioner Monia to waive the reading of the minutes of April 8, 1981 and approve as distributed. The motion was seconded by Commis- sioner Zambetti and was carried unanimously. CONSENT CALENDAR 1. SDR -1377 - William Clark, Walnut Avenue - 1 Lot, Final Building Site Approval Commissioner Zambetti moved, seconded by Commissioner King, to approve the above item on the Consent Calendar. The motion was carried unani- mously. PUB Hl?TL INGS 2 A 759 - Dan Ray, 13687 Quito Road, Request for Design Review Approval for a two- story, single- family dwelling that would be over 22' in height (maximum 261) on a lot with an average slope less than 10' in the R -1- 10,000 zoning district; continued from March 11, 1981 Staff explained that this item had been continued and reviewed at the Committee -of- the -Whole on April 14, 1981. Staff described the proposal. The correspondence previously received from the neighbors was noted. " Staff reported that the applicant, has met with the Brighams regarding - landscaping to mitigate the impact of the house. It was noted that a petition in favor of the dwelling had been received from some of the adjacent neighbors. The public hearing was reopened at 7:40 p.m. c_,r; _ ''�• Gordon Jensen, 13737 Quito Road, reiterated his objections. He pointed out that this is still an extremely large house for the neighborhood, and particularly for this lot. Ile stated concern that the house is being pushed to one side with the idea of a future division. Mr. Jensen stated that his particular concern is that his house is lower. He added that it is important that the Commission has not seen any perspectus as r' to how this house will look on the lot. Chairman Laden noted that the. "': +�',`: "." lots there had been developed as they are because the Water District had put some easements across a great portion of that land, so future sub- division is not possible. - \. .. Mr. Ray, the applicant, described the sizes of the homes in the neighbor- hood. He indicated that he has reached an agreement with the Cittas, and the side yard will be increased by 6 feet to a 16 foot setback. He added that the trees that are too close to the proposed house will be moved at their expense. Planning Commission Minutes - Meeting 4 /22/81 A -759 (cont.) Mrs. Ray discussed the trees the trees in the rear of the fere with the structure woul� they had.researched this and Cittas are in agreement with Page 2 in question. She stated that they will leave lot and three of the trees that would inter - I be transplanted. Mrs. Ray commented that it appears feasible. She stated that the this. Mr. Ray discussed the following changes to their plans: (1) elimination of the library and the windows overlooking the Jensen's home; (2) reduc- tion of the house to allow for a 16 ft. side yard setback; (3) transplant of the redwoods as necessary; (4) reduction of the home by a total of 767 sq. ft.; (S) planting of some additional vegetation, per agreement with the Brighams; and (6) a wall will be placed at the end of the recreational room that will not be used. Mr. Ray explained that the roof line will stay as it is except for the dormer windows. Dr. Allen Riggle, 18640 Aspesi Court, stated that he had never had an opportunity to say anything about the Jean's two -story home which is directly behind him. He commented that he can see the Ray's structure clearly from his back yard, and he considers this a multiple invasion of his privacy. Dr. Riggle indicated that another second story is going to add to the light and noise at night. Mrs. Ray stated that she did not feel Dr. Riggle could see their home from his yard, since the view is obstructed by two other buildings. Mr. Ray described the reduction of the house. He stated that the size of the house on the exterior will remain the same, except for a reduction of 6 ft. in total length. The outside impression will not be changed except for -the elimination of two dormer windows. Marsha Ci.tta, 13695 Quito, stated that they have discussed the revised proposal with the Rays, and they have come to a compromise that they can live with. She pointed out that the address assigned to this house is the wrong one and should be corrected. Commissioner King moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. The exact size of the structure, after the reduction, was discussed. Mr. Ray clarified that the 767 sq. ft. reduction includes the library, and the library area is still going to be under the roof. He stated that the total length of the house was reduced by 6 ft. and the reduction of the outside dimensions is approximately 180 -200 sq. ft. It was noted that the square footage of the living space of the home will now be 4,032 sq. ft. Commissioner Zambetti stated that he felt the neighbors and owner have worked hard to come to a compromise. He discussed the removal of trees of less than 12" in diameter, and it was determined that No. 4 under the criteria in the Staff Report should be amended to read that the small redwood trees on the eastern side of the site cannot be removed without issuance of a tree removal permit. fie also noted that.'the pool and pump equipment room will be a nonconforming structure and should be enclosed with a gazebo. At Staff's suggestion, it was determined that the applicant should submit a bond in an amount suitable to cover the replacement of the three existing redwoo& trees. Commissioner Zambetti moved to approve A -7S9, per the amended Addendum dated April 16, 1981 and the amended Staff Report dated March 6, 1981, making the findings. Commissioner King seconded the motion, with the stipulation that Condition 2 of the Staff Report be amended to read: "Approval of this Design Review request does not constitute approval of the proposed pump and pool equipment enclosure. Design of the pad enclosure shall be submitted for Planning Department review and approval." - 2 - Planning Commission Minutes - Meeting 4/22/81. Page 3 ;f .l rY•. A -7S9 (coat.) Commissioner Bolger stated that he would have difficulty making Finding No. 5 regarding the size of the other homes in the neighborhood. He commented that the majority of the homes in the neighborhood are in the mid -2,000 sq. ft. range. Commissioner Monia agreed regarding Finding No. S. He stated that he also has some difficulty making Finding No. 3. He explained that, because of the fact that the property is somewhat higher than the Jensen property, lie feels the 26 ft. high elevation would be increased by an extra 4 or S ft. difference between the two properties. He indicated that he felt the matter should be continued, so that a drawing could be submitted by the applicant showing exactly the right locations and the changes, to allow the Commission to more properly understand it. Commissioner Schaefer stated that she thought the applicant had tried to work with the neighbors; however, she still has concern about the size of the house, since basically most of the outside visual impact remains. The vote was taken on the motion to' approve A -759. The motion failed, with Commissioners Bolger, Monia and Schaefer dissenting. Chairman Laden stated that she felt the applicant has met the conditions requested by the Commission at the study sessions, and that the Commission should give direction to the applicant at this point. t•...-... Commissioner King agreed, stating that he felt it would be unfair to the him to what might change the vote in applicant not to give specifics as a positive direction. He noted that the applicant has invested quite a bit of study and time with the Commission and has responded to the Commis- si„on's _requests, particularly that they work with the neighbors. Commissioner Schaefer indicated that her own concern would be the square footage of the home; she feels the other conditions have been met. Commissioner Monia commented that lie has problems with trying to make the findings on the size of this home being within character of this neighbor- hood. tie added that if the size of the structure were to be reduced, then he feels it would be in character. Chairman Laden commented that the living space, as written and voted upon on other applications, has not included any space under the roof. She stated that she felt to add air space in as footage would be inappropriate. Commissioner Schaefer stated that she would reconsider her vote because, although she feels that attic space should definitely be included in any of the calculations, if it has never been before, then she does not think it would be fair to the applicant to start including it now. .i Commissioner Bolger commented that his interpretation to make Finding No. S - would be that, whether living space or air space is being considered, when the Commission is reviewing a dwelling that is going to be in an existing neighborhood, it should be compatible with the site and neighbors that are going to be seeing i.t. The Deputy City Attorney clarified that a motion could be made to reconsider the vote on the matter. Commissioner King moved to reconsider the vote on A -759. Commissioner Schaefer seconded the motion. It was carried, with Commissioner Monia and Bolger dissenting. Commissioner Schaefer requested that a bond be requiring for the planting of the additional vegetation, l• in addition to the redwood trees. It was determined that this would be added to Condition No. 1 -E of the Addendum dated April 16, 1981. Commissioner Zambetti moved to approve A -759, per the amended Addendum dated April 16, 1981 and the amended Staff Report dated March 6, 1981, _ making the necessary findings. Commissioner King seconded the motion, ;f .l rY•. Planning Commission Page 4 Minutes - Meeting 4/22/81 A -7S9 (cont.) with the stipulation that the applicant bring in revised plans showing the changes. The motion was carried, with Commissioners Bolger and Monia dissentinz. 3. A -764 - Butler and Wilson, Request for Design R•eview'"Approval for a two -story single- family dwelling that would be over 22' in height (23.5' max.) on a lot with an average slope of less than 10% in the R -1- 10,000 district, at 18500 Ravenwood Drive Chairman Laden abstained from the discussion and voting on this item Staff described the proposal, stating that they were recommending approval. The public hearing was opened at 8:26 p.m. Mark Lages, the architect, stated that this is compatible with the two - story design next door. He stated that they have tried to lower the one side of the house near the two -story home. The setbacks and materials used were discussed. Commissioner King moved to close the public hearing. Commissioner Bolger seconded the motion, which was carried unanimously. 4. The findings were discussed. Commissioner King moved to approve A -764, per the Staff Report, making the findings. Commissioner Monia seconded the motion, which was carried, with Commissioner Laden abstaining. A -765 - Caleb Properties, Request for Design Review Approval for eight single - family dwellings, four of which would be two -story structures over 22' in height (max. heights range from 25' to 27') on lots with average slopes less than 10% in the R -1- 10,000 district, at the southern terminus of Ted Avenue The proposal was described by Staff. Staff clarified that the only access to this subdivision will be along the extension of Ted Avenue or Wilson Lane. The grading and pad elevations were discussed, along with the land- scaping strip between the sound wall and the curb along the railroad track side of the Wilson Lane extension. The public hearing was opened at 8:40 p.m. -? Mike Lorimer, the architect, discussed the pool sizes. The size and style of the homes were also discussed. Commissioner Crowther commented that he felt Lot #1 was too small for the home shown on it. The size of Lot #2 and the plans for it were discussed. The easement on Lot #2 was questioned by Commissioner Crowther, and it was clarified that it is a storm drain - easement for Rodeo Creek. - - - _ Mr. Lorimer commented that since the plans were submitted, the owner has _ - directed them to change Lot 03 from a two -story home to one- story. He - discussed the three lots at the end of the cul -de -sac, and commented that they have peculiar shapes, are larger, and adjoin commercial, and he did _ - not believe that they will have a significant impact. • "`s':`' ?•'?'`,' - =" Ken Howden, 20282 Zorka, stated that Lot #3 was directly behind him. He expressed his objection to a two -story structure there. It was explained to Mr. Howden that the architect had just indicated that there will be a single -story home on that lot. Martha Cosera, 20294 Zorka, stated that she would like to make sure that the will be plans not changed later and one of the two -story houses moved, - because it would block their view. Winston Chew, 12501 DeSanka, expressed his concern about the possibility of a two -story structure being built on Lot w2 at 'a later date. Chairman ' tF' REPORT TO PLANNING COMMISSION Ctfy of Sarc=oga APPi`..' P_, 'Y= Q/ *(amended 4/22/81) DATE: 3/6/81 Commission Meeting: 3/11/81 _ SUBJECT = A -759 Danny and Georgia Ray 13687 Quito Road, (SDR -1327) ----------------------------------------------------------------- :EQUEST: Design Review approval for a two -story dwelling. Ot-W-- 24,567 sq. ft. R -1- 10,000 'ROJECT CONSIDERATIONS: 1. Size of Structure: Lower Level: 3,926 sq. ft. (including garage) Upper Level: 1,222.sq. ft. 2. Site Coverage by Structure: 17.5% 3. Site Slope: 2 %+ Slope at Building Footprint: 2 %+ . 4. Height of Structure: Maximum: 26' At Mid -Point of Roof: 21' 5. Pad Elevation(s): (almost same height as natural grade). 6. Exterior Facade: Materials- Brick in front elevation. Stucco or horizontal wood siding on other elevations. Color: White with black trim or beige with brown trim. 7. Roof Materials: Wood shakes or asphalt shingles (charcoal) 8.,A1,Grading Required: Cut: - yds.3 Fill: -- yds.3 Cut Depth: -- ft. Fill Depth: -- ft. Minimal grading required to accommodate the structure. Laff Report - 759 9. Design: C 3 /11/81 Page 2 A. Number of Stories: Two. • B. Setbacks: Front: 25 ft. Rear: 26 ft. Sides: 10 & 94 ft. C. Compatible with Existing Structures: Yes, see comments. D. Compatible with Natural Setting: Yes, see comments E. Visibility /Screening: The structure will be screened from the rear by oak trees. F. Driveway Configuration: Straight, front facing garage. G. Accessory Structures: Pool equipment enclosures; . see comments. H. Existing Vegetation: Oak and Bay trees. I. Solar: 1. Building. Configuration: Large portion of roof faces south; good orientation. 2. Roof Angle: 37, degrees; good for low winter sun. 3. Passive System; Some passive heating due to south facing windows. 4. Active System; Solar panels for cgmestic Jot water and pool heating. Some panels will be roo mount J. Comments: It should be noted that the subject property is .nonconforming in that lot depth is 106' where 115' is required. Under Section 14.3 of the zoning ordinance this allows any main structure proposed for the site to maintain a rear yard of 20% of the depth of the site or 21.2'. Normally a 35' rear yard would be required for a two -story dwelling. The proposed dwelling would maintain a minimum 26' rear yard for.the single -story master bedroom wing of the proposed dwelling. The bulk of the structure, including the second - story, will be about 37' or more from the rear property line. The proposed dwelling will comply with all other setback requirements. The applicants are proposing to enclose an existing pad supporting pump and pool equipment (for an existing pool) within a detached accessory structure. This structure would be only 8' from the front property line where a setback of 25' is normally required. A design for the accessory structure has not been submitted. If the Commission wishes to interpret the pad as an existing nonconforming structure it can be enclosed if the nonconformity is not increased. Otherwise, the applicant will have to apply for a variance. There are two existing two -story structures across the street from the subject site. This site received Final Building Sit Approval on June 25, 1980. — 0 The applicant has indicated two possible choices for exterior materials for the dwelling. Staff has no problem with either choice since both materials are commonly used. -Report to Planning Commis_ on 3/6/81 A -i55 Page 3 • Under Ordinance 3E -16, five criteria must be addressed in deciding to approve Design Review request. .for a structure over 22' in height on an R -1 lot with a slope less than 10 %. These criteria and the Staff Analysis are as follows: 1. The proposed structure shall not significantly impair the present or future ability of an adjacent property to utilize solar energy: Staff prepared a shadow map for the proposed structure and has determined that a portion of the north- western corner of the,adjacent property to the east would be shaded between the hours for 2 p:m. and 3 p.m. However, the bulk of the adjacent eastern site.would have its southern exposure unimpaired and the shaded portion of the adjacent lot is shaded only one hour in the afternoon. 2. The proposed structure shall not constitute an unreasonable invasion of the privacy of adjacent property owners: The two eastern rear dormer windows of the second -story of the structure could adversely impact the privacy of properties to the southeast. This impact can be mitigated by removal of these windows or by the planting of fast growing land- scaping or mature trees.to provide additional privacy screening. The structure will be screened by a large mature evergreen oak tree and a smaller oak. • �� 3. The proposed structure shall not unreasonably interfere with the views of adjacent properties: On site inspection has revealed that no significant viewsheds will be adversely impacted by construction of the 26' high dwelling. * .4. The proposed structure shall-minimize disruption to natural topography, the natural drainage system, and existing vegetation: Due to the gentle slope ot the site no significant disruption to natural topography will be required to accommodate the proposed dwelling. Drainage plans must be reviewed and approved by the Department of Inspection Services. No major trees will be removed due to construction of the dwelling but some small redwood trees on the eastern side of the site could be removed due to construction. However, they cannot be removed by the applicant without issuance of a tree removal permit. The large'Bay tree will have to be pruned to accommodate the roof of the structure but no adverse impacts are antici- pated. 5. The proposed structure shall not be out of character with t e existing structures o .the neighborhood: As mentioned before, there are two other two -story structures across the street from the site. One is of similar height and • design. The structure will be compatible with the neighborhood. K. Environmental Assessment: This project is considered categor- ically exempt per Section 15103 of the State E.I.R. Guidelines. -Report to Planning Commi (, .on l.i 3/6/81, A -759 Page 4 ' L. Public Hearing: Notice of this public hearing was advertised • in the newspaper and by mailings to 86 nearby property owners. Two letters have been received by nearby property owners concerned with the proposed dwelling. RECOMMENDED ACTION: Approve per Staff Report dated March 6, 1981 and Exhibits "C ", and "D" subject to the following conditions: 1. Prior to issuance of building permits: A. Detailed grading and drainage plans shall be reviewed and approved by the Department of Inspection Services. Only these approved plans shall be implemented during construction. B. Any modifications to the proposed site development plan or elevations shall require Planning Department review and approval. C. Landscaping plans showing how the privacy of adjacent properties will be preserved shall be submitted for Planning Department review and approval. 2. Approval of this Design Review request does not constitute approval of the proposed pump and pool equipment enclosure. Design of the pad enclosure shall be submitted for Planning Department review and approval. • Approved: MF /clh P. C. Agenda: 3/11/81 Michael Fl6re -s, Assistant Planner *as amended at the Planning Commission meeting on 4/22/81. • A1't'; 1D LD _,Y: C111:20 ID 90 2t . r 0 : REPORT TO PLANNING COMMISSION *(amended 4/22/81) DATE: 4/16/81 Commission Meeting: 4/22/81 ADDENDUM TO: SUBJECT A -759 Danny and Georgia Ray 13687 Quito Road This was continued from the Planning Commission meeting of March 11, 1981. At that time the Commission indicated there were concerns with the size of the proposed dwelling and the appropriateness of a two - story design. The project was reviewed at the Committee -of- the -Whole meeting of April 14, 1981. The applicant indicated that he would install fast growing landscaping and windows which would use an obscur- ing or stained glass to eliminate privacy impacts (see letter dated April 3, 1981) . The applicant has also submitted a letter (received April 13, 1981) from neighboring property owners indicating support for the proposed struc- ture. The Rays. have also worked out an agreement with the property owners to the rear (the Brigham's) to plant additional landscaping (see letter dated April 12, 1981). These proposals would comply with Staff concerns outlined in the Staff Report dated March 6, 1981. At its Committee -of- the -Whole meeting of April 14, 1981 the Commissioners present indicated there were concerns with the size of the proposed dwelling and its nearness to the adjacent property to the east (Citta). Some of the Commissioners indicated that the structure should be moved further west or reduced in size to preserve the small grove of young redwoods on the eastern side of the site. If the full Commission agrees to this modification then the condition under the Recommended Action section of this report should be adopted. RECOMMENDED ACTION: Approve per this addendum, the Staff Report and conditions'.dated March 6, 1981 and Exhibits "B ", "C ", and "D ". If the Commission wishes to relocate the proposed dwelling then the following condition should be added. • l.D. The proposed site development plan shall be modified to relocate the dwelling or reduce the size of the dwelling so that the structure will not encroach into the drip line area of the existing redwoods on the eastern side of the property when they reach maturity. A qualified horticulturist or tree surgeon Report to Planning` -'mmission �. 4/16/81 A -759 Page 2 shall determine the extent of the drip line area for the purposes of this modification. * I.E. The applicant shall submit a bond in an amount suitable to cover the replacement of three existing redwood trees and additional landscaping for screening. * 1.F. Applicant shall submit revised plans showing the 16 ft. side yard setback, the reduction of 767 sq. ft. in the size of the structure, and the removal of the dormer windows in the rear elevation. Approved: %ate MF /clh P. C. Agenda: 4/22/81 Michael Flores, 'Assistant Planner *as modified at the Planning Commission meeting 4/22/81. • W�] - _.. Ir • MATERIALS SUBMITTED BY MR. RAY 5J15J81 • LJ r� u May 15, 1981 City Council Members City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Re: Application A -759 Danny and Georgia Ray Approved April 22, 1981 - Design Review Planning Commission Dear Council Members: On April 22, 1981, the City of Saratoga Planning Commission, after careful review of application A -759, approved by majority the home design. This approval was granted after extensive and careful review by the Planning Staff and Design Review Commission and A -759 is totally in compliance with all general plan and Saratoga ordinances. The appeal letter by Mrs. Jensen is misleading and inaccurate and for this reason I am presenting the following facts: 1. The home size is approximately 4,051 square feet of living space plus a three car garage.. The nearby homes are similar; for instance, Mr. Hassan's home is 3,600 square feet plus an enclosed two car garage. (See attached plot plan showing other sizes of homes.) 2. There is a small wet bar sink on the second floor. There is no kitchen as alleged by Mrs. Jensen. 3. This lot is zoned R- 1- 10,000 and comes under the zoning ordinance for reduced rear yard setbacks as a non - conforming lot. This was approved by the Planning Staff and the Design Review Commission (see attached Resolution A- 759 -1). This home covers only 17 per cent of the lot area and is precisely oriented to the most optimum location City Council Members City of Saratoga • May 15, 1981 Page 2 minimizing view interference while totally complying with all Saratoga design and planning criteria. 4. Screening vegetation acceptable to design review and the adjacent neighbors (Cittas, Brighams) is on the attached plot plan. 5. The home design is totally compliant with the general plan and ordinances as regularly and routinely applied to similar projects in this area. DESIGN REVIEW APPLICATION A -759 MEETS THE CRITERIA OF SECTION 3.7, 3.7 -2, SECTION 14 AND URGENCY ORDINANCE 3E -16 OF SARATOGA PLANNING ORDINANCES AND THE CAREFUL REVIEW BY THE DESIGN REVIEW COMMISSION SHOULD BE APPROVED AND THE APPEAL BY MRS. JENSEN DISMISSED. Thank you very much for your kind consideration. Very truly yours, cmj Danny Ray Enc . • .....`. A 1A. 1 � RESOLUTION ti0. A - 7 5 9 - ]. CITY OF SAMTOGA PL)kNNING CCY MISSIaN STATE OF CALIFORNIA __hIiEREaS, the City of Saratoga Planning CoTmission has rec6ived an application :..for Design Review Approval of a two- story, single - family dwelling that would be over 22' in height (maximum 26') on a lot with an average ; and slope less than o in the R-I-iU,000 zoning district —1�1i 1S, the applicant (has) (hasxaot) met the burden of proof required to support his said application, NOW, Th'EREFORE, BE IT RESOLVED that.after careful consideration of the site —plan, architectural drawings, landscape plans and other exhibits submitted in connec- - tion with this matter, the application of DAN RAY for Design Review Approval be and the same is hereby (granted) (d6A`e63 subject to e following conditions: Per Exhibits "B", "C" and "D ", the amended Addendum dated .April 16, 1981 and the amended Staff Report. dated 'March.6, 1981. Revised plans must be submitted to reflect the 16 ft. side yard setback, the reduction of 767 sq. ft. in the size of the structure, and the removal of the dormer windows in the rear elevation. `PASSIM A,ND ADOPTED by the City of Saratoga Planning Ca=Tission, State of California, this 22nd following roll call vote: day of AT) r i. I. AYES: Commissioners King, Laden, Schaefer and Zambetti 19 s1 by the _?per• Commissioners Bolger and Monia \7: Commissioner Crowther ainr WU-dng Uomnlssion retary, arulint" o;lnussio May 15, 1981 City Council Members City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Re: Application A -759 Danny and Georgia Ray Approved April 22, 1981 - Design Review Planning Commission Dear Council Members: On April 22, 1981, the City of Saratoga Planning Commission, after careful review of application A -759, approved by majority the home design. This approval was granted after extensive and careful review by the Planning Staff and Design Review Commission and A -759 is totally in compliance with all general plan and Saratoga ordinances. The appeal letter by Mrs. Jensen is misleading and inaccurate and for this reason I am presenting the following facts: 1. The home size is approximately 4,051 square feet of living space plus a three car garage. The nearby homes are similar; for instance, Mr. Hassan's home is 3,600 square feet plus an enclosed two car garage. (See attached plot plan showing other sizes of homes.) 2. There is a small wet bar sink on the second floor. There is no kitchen as alleged by Mrs. Jensen. 3. This lot is zoned R -1- 10,000 and comes under the zoning ordinance for reduced rear yard setbacks as a non - conforming lot._ This was approved by the Planning Staff and the Design Review Commission (see attached Resolution A- 759 -1). This home covers only 17 per cent of the lot area and is precisely oriented to the most optimum location City Council Members City of Saratoga May 15, 1981 Page 2 minimizing view interference while totally complying with all Saratoga design and planning criteria. 4. Screening vegetation acceptable to design review and the adjacent neighbors (Cittas, Brighams) is on the attached plot plan. 5. The home design is totally compliant with the general plan and ordinances as regularly and routinely applied to similar projects in this area. DESIGN REVIEW APPLICATION A -759 MEETS THE CRITERIA OF SECTION 3.7, 3.7 -2, SECTION 14 AND URGENCY ORDINANCE 3E -16 OF SARATOGA PLANNING ORDINANCES AND THE CAREFUL REVIEW BY THE DESIGN REVIEW COMMISSION SHOULD BE APPROVED AND THE APPEAL BY MRS. JENSEN DISMISSED. Thank you very much for your kind consideration. Very truly yours, cmj Danny Ray Enc. saw MONSON Ila 0 • r MEN ui ������ of ���� J .:.� .. I o c *�'c� / ice„' -� � M � i? S N A L L � . ^ ...... ..... ::� �f �- - - • - - -- u1..- ��.u�r awrtL�r RESOLUTI ON NO. A - 7 5 9 -1 CITY OF SARATOGA PLANING CMMISSICIN STATE OF CALIFORNIA 7.TTZ 1M�i i-7 . EREAS, the City of Saratoga Planning Commission has received an application :for Design Review Approval of a two- story, single- family dwelling that would be over 22' in height (maximum 26') on a lot with an average ; and slope less than o in the ' R-1-10,0U0 zoning district hHERFAS, the applicant (has) (mss met the burden of proof required to —support his said application, NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the site --plan, architectural drawings, landscape plans and other exhibits submitted ' cennec- -.tion with this matter, the application of DAN RAY for Design Review Approval be and the same is hereby (granted) (�1eAM13) subject to the following conditions: Per Exhibits "B", "C" and "D ", the amended Addendum dated - April. 16, 1981 and the amended Staff Report dated March.6, 1981. Revised plans must be submitted to reflect the 16 ft. side yard setback, the reduction of 767 sq. ft. in the size of the structure, and the removal of the dormer windows in the rear elevation. '-PASSED MID ADOPTED by the City of Saratoga Planning Cam. fission, State of - California, this 22nd day of Apr i l following roll call vote: .AYES: Commissioners King, Laden, Schaefer and Zambetti _MFS: Commissioners Bolger and Monia ;ABSENT : Commissioner Crowther Se�rctary, Wlann 1111; ollrlilsslo 1981 by the L-7 Chainv, Plaiuung Comnlssion A ILJ REPORT TO PLANNING COMMISSION *(amended 4/22/81) DATE: 4/16/81 Commission Meeting: 4/ 22 / 81 ADDENDUM TO: SUBJECT A -759 Danny and Georgia Ray 13687 Quito Road ---------------------------------------------------------------------------- This was continued from the Planning Commission meeting of March 11, 1981. At that time the Commission indicated there were concerns with thn size of the proposed dwelling and the appropriateness of a two - story design. The project was reviewed at the Committee -of- the -Whole meeting of April 14, 1981. The applicant indicated that he would install fast growing landscaping and windows which would use an obscur- ing or stained glass to eliminate privacy impacts (see letter dated April 3, 1981) . The applicant has also submitted a letter (received April 13, 1981) from neighboring property owners indicating support for the proposed struc- ture. The Rays.- have also worked out an agreement with the property owners to the rear (the Brigham's) to plant additional landscaping (see letter dated April 12, 1981). These proposals would comply with Staff concerns outlined in the Staff Report dated March 6, 1981. At its Committee -of- the- l-Thole meeting of April 14, 1981 the Commissioners present indicated there were concerns with the size of the proposed dwelling and its nearness to the adjacent property to the east (Citta). Some of the Commissioners indicated that the structure should be moved further west or reduced in size to preserve the small grove of young redwoods on the eastern side of the site. If the full Commission agrees to this modification then the condition under the Recommended Action section of this report should be adopted. RECOMMENDED ACTION: Approve per this addendum, the Staff Report and conditions dated March 6, 1981 and Exhibits "B ", "C", and "D ". If the Commission wishes to relocate the proposed dwelling then the following condition should be added. l.D. The proposed site development plan shall be modified to relocate the dwelling or reduce the size of the dwelling so that the structure will not encroach into the drip line area of the existing redwoods on the eastern side of the property when they reach maturity. A qualified horticulturist or tree surgeon oo Planning Commission �f rt t - 759 4/16/81 Page 2 shall determine the extent of the drip line area for the purposes of this modification. * 1.F. The applicant shall submit a bond in an amount suitable to cover the replacement of three existing redwood trees and additional landscaping for screening. * 1.F. Applicant shall submit revised plans showing the 16 ft. side yard setback, the reduction of 767 sq. ft. in the size of the structure, and the removal of the dormer windows in the rear elevation. Approved: MF /clh P. C. Agenda: 4/22/81 Michael Flores, ssistant Planner *as modified at the Planning Commission meeting 4/22/81. i ;11��iikTE ON REPORT TO PLANNING COMMISSION Ci�I of SarC:'Cgc: AP ?„�:;:.`r�h. *(amended 4/22/81) DATE: 3/6/81 Commission Meeting: 3/11/81 SUBJECT : A -759 Danny and Georgia Ray 13687 Quito Road, (SDR -1327) :QUEST: Design Review approval for a two -story dwelling. :TE SIZE: 24,567 sq. ft. VING: R -1- 10,000 :OJECT CONSIDERATIONS: Size of Structure: Lower Level: 3,926 sq. ft. (including garage) Upper Level: 1,222 sq. ft. Site Coverage by Structure: 17.5% Site Slope: 2 %+ Slope at Building Footprint: 2 %+ Height of Structure: Maximum: 26' At Mid -Point of Roof: 21' Pad Elevation(s): (almost same height as natural grade). Exterior Facade: Roof Materials: Materials: Brick in front elevation. Stucco or horizontal wood siding on other elevations. Color: White with black trim or beige with brown trim. Wood shakes or asphalt shingles (charcoal) Grading Required: Cut: -- yds.3 Fill: -- yds.3 Cut Depth: -- ft. Fill Depth: -- ft. Minimal grading required to accommodate the structure. Q 3 /11/81 Page 2, Design: A. Number of Stories: Two. B. Setbacks: Front: 25 ft. Rear: 26 ft. Sides: 10 & 94 ft. C. Compatible with Existing Structures: Yes, see comments. D. Compatible with Natural Setting: Yes, see comments E. visibility /Screening: The structure will be screened from the rear by oak trees. F. Driveway Configuration: Straight, front facing garage. G. Accessory Structures: Pool equipment enclosures; see comments. H. Existing vegetation: Oak and Bay trees. I. Solar: 1. Building Configuration: Large portion of roof faces south; good orientation. 2. Roof Angle: 37. degrees; good for low winter sun. 3. Passive System; Some passive heating due to south facing windows'. 4. Active System; Solar panels for ddgmestic of water and pool heating. Some panels wily be roo mounted. J. Comments: It should be noted that the subject property is nonconforming in that lot depth is 106' where 115' is required. Under Section 14.3 of the zoning ordinance this allows any main structure proposed for the site to maintain a rear yard of 20% of the depth of the site or 21.2'. Normally a 35' rear yard would be required for a two -story dwelling. The proposed dwelling would maintain a minimum 26' rear yard for the single -story master bedroom wing of the proposed dwelling. The bulk of the structure, including the second - story, will be about 37' or more from the rear property line. The proposed dwelling will comply with all other setback requirements. The applicants are proposing to enclose an existing pad supporting pump and pool equipment (for an existing pool) within a detached accessory structure. This structure would be only 8' from the front property line where a setback of 25' is normally required. A design for the accessory structure has not been submitted. If the Commission wishes to interpret the pad as an existing nonconforming structure it can be enclosed if the nonconformity is not increased. Otherwise, the applicant will have to apply for a variance. There are two existing two -story structures across the street from the subject site. This site received Final Building Site Approval on June 25, 1980. The applicant has indicated two possible choices for exterior materials for the dwelling. Staff has no problem with either choice since both materials are commonly used. Planning Commis_ in 3/6/81 �9 Page 3 Under Ordinance 3E -16, five criteria must be addressed in deciding to approve Design Review request.for a structure over 22' it height on an R -1 lot with a slope less than 10 %. These criteria and the Staff Analysis are as follows: 1. The proposed structure shall not significantly impair the present or future ability of an adjacent property to utilize: solar energy: Staff prepared a shadow map for the proposed structure and has determined that a portion of the north- western corner of the adjacent property to the east would be shaded between the hours for 2 p.m. and 3 p.m. However, the bulk of the.adjacent eastern site.would have its southern exposure unimpair.ed and the shaded portion of the adjacent lot is shaded only one hour in the afternoon. 2. The nroDosed structure shall not constitute an unreasonable invasion of the privacy of adjacent property owners: The two eastern rear dormer windows of the second -story of the structure could adversely impact the privacy of properties to the southeast. This impact can be mitigated by removal of these windows or by the planting of fast growing land- scaping or mature trees to provide additional privacy screening. The structure will be screened by a large mature evergreen oak tree and a smaller oak. 3. The proposed structure shall not unreasonably interfere with the views of adjacent properties: On site inspection has revealed that no significant viewsheds will be adversel impacted by construction of the 26' high dwelling. * 4. The proposed structure shall .minimize disruption to natural topography, the natural drainage system, and existing vegetation: Due to the gentle slope of the site no significant disruption to natural topography will be required to accommodate the proposed dwelling. Drainage plans must be reviewed and approved by the Department of Inspection Services. No major trees will be removed due to construction of the dwelling but some small redwood trees on the eastern side of the site could be removed due to construction. Flowever, their cannot be removed by the applicant ig1thout issuance of a tree removal permit. The large Bay tree will have to be pruned to accommodate the roof of the structure but no adverse impacts are anti.ci.- nated. 5. The proposed structure shall not be out of character with t e existing structures o .the nei hborhood: As mentioned be ore, there are two other two -story structures across the street from the site. One is of similar height and design. The structure will be compatible with the neighborhood. K. Environmental Assessment: This project is considered categor- ically exempt per Section 15103 of the State E.I.R. Guidelines. Lng Commis', on 3/6/81 Page 4 Public Hearing: Notice of this public hearing was advertised in the newspaper and by mailings to 86 nearby property owners. Two letters have been received by nearby property owners concerned with the proposed dwelling. RECOMMENDED ACTION Approve per Staff Report dated March 6, 1981 and Exhibits "B ", "C ", and "D" subject to the following conditions: 1. Prior to issuance of building permits: A. Detailed grading and drainage plans shall be reviewed and approved by the Department of Inspection Services. Only these approved plans shall be implemented during construction. B. Any modifications to the proposed site development plan or elevations shall require Planning Department review and approval. C. Landscaping plans showing how the privacy of adjacent properties will be preserved shall be submitted for Planning Department review and approval. 2. Approval of this Design Review request does not constitute approval of the proposed pump and pool equipment enclosure. Design of the pad enclosure shall be submitted for Planning Department review and approval. Approved: MF /clh P. C. Agenda: 3/11/81 f Michael Fl re., Assistant Planner *as amended at the Planning Commission meeting on 4/22/81. May 19, 1981 City Council Members City of Saratoga Saratoga, Ca. 95070 RE: Application A -759 Danny and Georgia Ray Dear Council Members: I wish to express my approval of the Ray's building plans. Having looked over the current plans, I feel that the home will be an attractive addition to our neighborhood. The style and size of the home will blend nicely with the newer existing: homes in our area. Sincerely, /t w� Nur Hassan Ll 0 hf\m, iRo,19 % 1 U A�159� fAA. � rAX4. . CITY OF SARATUM � Q f ' A A � BILL NO. IS DATE: May 8, 1981 Planning r:� SUBJECT: Appeal on Condition of Approval for Two -Story Single Family Dwelling ----- - - - -at -20105 -Mendelsohn ---- Lane, Appellant /Applicant - Nino-Gallo (A -761) - ------------------------------------------------------- - - - - -- Issue Sunnary On April 8, 1981, the Commission granted conditional Design Review Approval for a two -story structure by reducing its height from 30' to 261. The applicant feels this reduction would not allow an authentic ren_roduction of the desired English Tudor style. Recommendation It is recommended that the City Council: (1) Conduct a public hearing on the appeal (2) Determine merits of appeal and approve or deny • (3) Staff recommended approval to the Planning Commission. Fiscal Impacts None anticipated. Exhibits /Attachments (1) Appeal letter (2) Minutes for the March 25, 1981 and April 8, 1981 Commission meetings (3) Staff Report dated March 18, 1981 (4) Exhibits B, C, D and E Council Acticn • 7 U NINO GALLO CONSTRUCTION 13165 VIA RANCHER DR. SARATOGA, CALIFORNIA City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Attention: Saratoga City Council Gentlemen: April 17, 1981 Re: Design Review Application A -761 On April 8, 1981 the City of Saratoga Planning Commission • considered our request for Final Design Review Approval of a two- story, single - family dwelling that would be over 22' in height (30' maximum) on a lot with an average slope less than 10% on Mendelsohn Lane, Tract 6531, Lot #15. The Commission granted approval to our application, but amended to include a condition that the structure be reduced in height to a maximum of 26t. At first glance a reduction of four feet does not seem to be an unreasumable request, however, to effectively accomplish an authentic reproduction of an English'Tudor home the height of the structure is extremely important. This lot was selected for this style home because the building pad is already three feet below the street level and we plan to have a 45' setback, instead of the standard 35' setback, to situate It correctly under the existing trees and enhance it's appearance from the street. By this placement there should be no impaired view to any of the surrounding homes, but rather a beautiful addition to 'Mendelsohn Lane. We are making every effort to give very careful consideration to the design and placement of every home in this subdivision, so that it becomes a blend of an interesting variety of styles and one of the most beautiful sections of Saratoga. I believe that the homes that have been constructed already reflect this effort, therefore, I would like to request that you reconsider thi s reduction in height and allow us to build this home as it should be built. • Very truly yours, ; X'1 � G NI NO GA ..+- iw�- #N'Ad:��Uy+..1�wi+'1 Y1�::. +�• .�� +iv.,i��•..1.Wriw:.:�.�...� ti..w..... .. .... .': .. .� � �ti.'k .. . - ....... .�.�_ - .r -.4r. �w..•��i:.aTl�rwWOaYK� I • 1'I:innin." Couunissio,l Mi,rutcs - Meeting 3/25/31 Page 4 V sal (coat.) Ross Maddalena, owner of the restaurant, stated that it was never his intention to operntc a restaurant, lie explained that he applied for a business license to open a teahouse which would serve light tea, cakes, and have retail. lie stated tliat he also applied for a beer and wine liccnso which was approved by the City. Mr. Maddaicna indicated that he thought it was unfair to put the use in the category of a restaurant. Ile commented that there was a tremendous demand for this use in the Village. it was directed that this item be continued to May 13, 1981. 2. V -S43 - Kernel Spiro, 19753 Minoqua Court, Request for a Variance to allow the construction of a 416 sq. ft. solar accessory structure ( about. 3.S' high) to maintain a 3' rear yard where 25' is required; con- , - tiIlLICd from February 25, 1981___ Staff dcscribcd the proposal., stating that the Land Use Committee had met on site. Staff. indicated that they can make the findings for approval. The public hearing was opened at 8:30 p.m. David Joincr, from the solar boating company, stated that the proposed loca- tion for the structure is the best one, and they arc happy to see that Staff agrees with them. Commissioner =amhctti moved to close the public hearing. Commissioner King • seconded the motion, which was carried unanimously. Conmissioi:er Bolger gave a report on the on -site visit. He described tho other altern-itives, but agreed that the proposed location is the best one for the panels. Commissioner ?amhctti moved to approve V -543, per Exhibits "B" and "C ", makin_; the findings. Commissioner Crowther seconded tile motion, which was carried unanimously. The applicant was informed of the toll-day appeal perio 3 A -761 Nino Callo, Request for Finat Design Review Approval for a two- story, single - family dwelling that would be over 22' in height (30' max.) on a lot with an average slope less than 10% in the R -1- 20,000 district on- Mendelsohn Lane_Trac.t 653]., Lot 915 Staff dcscribcd the current proposal, stating that it complies with the criteria of the urgency ordinance. *q The public hearing teas opened at 8:40 p.m. Commissioner King moved to close the public hearing. _Commissioner 2mnhetti seconded the motion, which was carried unanimously. 'fhe Commission reopened the public hearing to allow Lynn Bell, 20090 Men- delsohn, to address the Commission. She stated that she is directly facing the property. Mrs. Bell indicated that her main concern, and that of her neighbors in the back, is the height of the entire home. -Staff explained that 30 ft. is the maximum height of the structure, but not. of the entire structure itself. Dlrs. Bell Mated tliat site felt so much of the property has been taken up by these mammoth homes that few trees arc left, and she asked what trees are being removed if this home is approved. it was explained that four trees are scheduled to he removed for this building, and the build ing onvelopcs were established to keep as many trccs as possible. The trees were pointed out on the map to Mrs. Bell. The map was also shown to Mrs. Sherman, 20015 Bonnie Brac, who lives directly a.russ the street from this home. She stated that she was concerned about the trees being removed ' because site did not wane to look out at a 2 -story home. ;..:.:.:�...:_nr:+ sin...._- s.=.•' sti,. �.... :.:_.�...w:::...::i.....»..... :.:'..:.._ ....., _. .''..: .. _.......�.. ::.�..,�:.�..,...: ..:.:......w.....,.. .. Planning Commission Minutes - Meeting 3 /2S /81 A -761 (cont.) Page S Milo Gallo, the developer, stated that from the street the roof top or the second story ol` the house will not he seen. lie indicated that they have a tree surgeon who will. trim the existing trees on the property. Commissioner Schaefer commented on the height of the other homes in the neighhorhood, stating that she felt a two- st.or} home is appropriate here, but she thought this design was too high; a 25 or 26 ft. height would be much more appropriate. Staff commented that this structure maintai;ts a 45 ft. front yard, which is about 15 ft. greater than the standard front yard in that area. They indicated that this also has some mitigation on the impact. Commissioner Monia commented that the City Council has requested from the City Attorney an emergency ordinance concerning both the two -story and single - store relationship of building site-to impervious area. He then suggcstcd that this item be postponed, since it was 5LIpposed to be drafted and presented to the City Council next week. Councilperson Jensen commented that the City Council has been very con- cerned during the last six months over the size and height of structures and also setbacks. Silo indicated that they have requested the City Attorney to draft an ordinance to be used in t interim, while the Design Review Ordinance is being developed. 1 �'..` Chairman Laden commented that she thought the consensus among the Commission at a study session had been that it was not in a form that was acceptable for use in determining any of the criteria for the sizes of homes and set - backs. Councilperson Jensen stated that apparently the urgency ordinance now being used has not really done the whole joh. Silo stated that the City Council is concerned also about the variances that have been given for the height Of bui-ldings. She added that they are concerned that the setbacks are not clear in the ordinance, and they feel it is time now that they look at all of those issues and have an ordinance to use in the interim. The Deputy City Attorney commented that commercial structures are not covered under the present urgency ordinance; therefore it sounds like there is a desire by the City Council to expand the scope of the ordinance to include that type of improvement. Councilperson Jensen Stated that it was not the intention of the.Council to usurp the ability of the Commission to work out a smooth ordinance, one ^"=�= that really fulfills the goals of the General Plan, but to get something to use in the interim while the Commission makes the ordinance changes that they feel would be appropriate. Commissioner Monia stated that he felt it would he appropriate to postpone this particular item for two weeks, to sec what is proposed as far as an emergency ordinance is concerned, and also in light of the fact that there are sonic other concerns about the height of the structure. Commissioner Zamhetti. discussed the current Emergency Ordinance and the five criteria in it. Ile stated that this is the. ordinance under which the applicant has submitted his application, and it has hcen legally noticed. Ile added that the five criteria have been met, and he has a problem with changing the criteria at this time. Commissioner Crowther stated that the comments from the residents in the area and Commissioner Schaefer were directed primarily toward Criteria 05, lie added that he feels there is a question about whether that criteria has been met. Commissioner Schaefer indicated that she had stated it was out of character because of the height. She stated that there is disagreement in - - S - i ( l C� • 1. �..:w.,. :��a..: -ti :..ors• ..w... .......�• _.. Planning Commission Dlinutcs - Dlccting 3/?5/31 A-7761 (coat.) Page G the neighhorhood; sonic feel that a two -story design is appropriate; some do not. Commissioner Zambctti stated that lie would like to continue the matter; however, he felt that the decision has to he made on the present urgency ordinance and the criteria listed in that. Commissioner Monia stated that lie felt it is the Commission's responsibility to recognize that there are prohlems, and if the City Council is going to take specific action on an interim ordinance within the next several weeks, he feels the Commission should postpone this item to see what their guidance might he.. Chairman Laden stated that she agreed with Commissioner Zambctti in the fact that the criteria have been established and the Commission has a responsibility to work within what is a present ordinance and not what may happen in the future. She stated that she felt the Commission has the ability !ropefully to make the decision to approve or deny this building, or to make recommendations to the applicant of those things we feel need to be changed about the architectural style of the building. Con;nissioner King commented that lie feels there is a problG�m in assumin; that there will be a quick resolution. He stated that he felt the issue Would drag on for months, since there are a lot of concerns with the Design Review Ordinance. • The height of the trees on the site were discussed. Commissioner Mania moved to continue .a -761 until April 8, 1981, at which time, if a new emergency ordinance has not been issued by the City Council referencing the size aura impervious surface areas allowed on lots, the Commission will tjke action on this application under the present 3E -16 Ordinance. Commissioner Crowther seconded the motion. It was determined that some direction should be given to the applicant as to . whether this structure is going to meet the criteria under the present ordinance, if that is in existence at the next meeting. Commissioner King commented that he would deal with the proposed design very positively. lie stated that he thinks the intent of a lot of the Commission's concern about large homes is the home in the G,OUO -7,000 sq. ft. area jammed on a small lot. He added " than he felt this was a well designed home in a very attractive neighborhood. > ! Commissioner Monla stated that he agreed with Commissioner Schaefer Oil the height of the bu.iLding and would like to scc, in addition to the footprint of the huilding, the inclusion of a pool site and the amount of the area of impervious surface coverage that the builder would be planning on this lot. Commissioners Bolger, Cro�.ther and Schaefer all agreed that they would like the height reduced between 3 and •i ft. Commissioner Zambctti stated he has no prohlcros with the proposed plan. The vote was tzken on the: motion to continue. this item for two weeks. The motion was carricd,with Comiiiissioners Laden and �amhetti dissenting. It wars directed that thi; item be continued to April 8, 1981. Regarding the pool location, Mr. Gallo commented that there. is a subdivision lavout for pools, and there is no pool allowed on this lot; it is in the CCf,Rs. :. : ;A n r CITY 01: SARATOGA PLANNING COMMISSION M1NI TI:S DATE: Wednesday, April 8, 1981' - 7:30 p.m. PLACE: City Council Chambers, 13777 Frui.tvale Avenue, Saratoga, CA TYPE: Regular Meeting ------------------------------------"------------------------- ROUI'INIi ORGAN'I_ATION Roll Call . Present: Commissioners Bolger, Crowther, King, Laden, Nloni.a, Schaefer and Zambctti (Commissioner Crowther arrived at 8:15 p.m.) Absent: None Minutes Commissioner Zambctti. moved, seconded by Commissioner Bolger, to waive the reading of the minutes of March 2S, 1981 and approve them as distributed. The motion was carried unanimously. PWl"IC LG:-ARINGS ;I. A -761 - ::Nino Gallo, Reducst for Final Design Review Approval for a two - l�_ story, single - family dwelling that would be over 22' in height (30' max.) on a lot with an average slope less than 10% in the R -1- 20,000 district on Mendelsohn Lane, Tract 6531, Lot #IS; Continued from March 25, 1981 It was reported that there has not been a new interim Urgency Ordinance adopted by the City Council; therefore, this application will be considered under the present ordinance. Tlie, puh-]ic hearing was reopened at 7:40 p.m. Shclby Christian, 20230 Bonnie Brae Way, stated that. they arc part of the Mendelsohn - Montalvo Homeowners Association, and they arc concerned about the height of this house. She commented that they were also concerned about the old trees on the site, and believe the), are not being treated properly in the building of these houses. It was clarified to Mrs. Christian that the ordinance-does permit a 30 ft. structure, and the pro- posed one is 30 ft. at maximum and 27 ft. at mid- point. Staff also noted that there will be four trees removed for this particular building, and the ot:rcr trees arc being cared for and pruned by a landscape person. Mrs. Christian asked if an environmental report had been done, and it was reported that a Negative Declaration was approved when the subdivision was approved. It was pointed out that at that time there was a great deal of work done by the homeowners association. Mrs. Christian commented that one of their major concerns was the grove of trees on the right as you face the property. Couunissioncr Schaefer Stated that she had also heard con- cerns rc,ti;rrdi.ng this grove, and suggested that perhaps this could he dis- cussed with the developer. She indicated that there had been mixed feelings in the neighborhood about the trio -story structure, and they felt it l.as too lri.gh and Would like to reach a compromise. Dave Call, who works for the developer, stated he had discussed the proposal With one of the neighbors who had attended the last meeting. Ile commented that he i'clt that the neighbors had not been aware of some of the efforts and study that have been d"nc regarding the trees. Ile stated that he had explained the project-to her. Mr. Call commented that he felt the site is an excellent one for a'two- story, since it is not directly across from any home. Ile also added that the home has been set hack 4S ft., which has saved three trees. Chairman Laden indicated that when the subdivision had been originally planned, all of the trees wore appraised 1)), Brian Gage, the Citv's consul - 1 - Planning Commission Electing Minutes - 4/3/31 A -761 (coat.) Page 2 tant, and a study was done regarding which ones should be removed. A great deal of consideration had been given to saving the vast majority of trees and those which were the healthiest. It was noted that the City has been monitoring the tree removal on this site as the subdivision develops. Since no one else appeared, Commissioner Dlonia moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. Commissioner Zambetti commented that this lot is an appropriate lot for a two story. He stated that he is in favor of the proposal, since it meets the criteria set forth in the Emergency Ordinance and has a 45 ft. setback. Commissioner Bolger stated that he agrees that a two -story would be appro- priate, but feels that the structure is too hic1h. He commented that he felt that the 30 ft. height is not compatible with the existing neighbor- hood, and it should be reduced in height at least to 26 ft. Commissioner Schaefer agreed. Commissioner King stated that he had a problem with arbitrary height reduction regarding the architectural appearance of homes. He stated that he t:as not disagreeing with the concern over the height, but would like to discuss it further before the Commission gets into truncating the design. Dave Call commented that the trees that stand in front of this home range from 40 to 60 ft. in height and arc heavy.with foilage• therefore, there will not be a visual impact. He stated that some concern should be given to the style of the house whon reduction is considered. Mr. Call stated that this is an excellent site for this style of home. Commissioner Zambetti moved to approve A -761, per the Staff Report and making the findings of the Emergency Ordinance. Commissioner King seconded 'the. motion. Discussion followed on the height of the structure. Commissioner Monia moved to amend the motion for approval, to include the stipulation that the structure be reduced to a maximum height of 26 ft. Commissioner Bolger seconded the amendment. The motion was carried, with Commissioner Ring dissenting. It. was determined that a condition should be added to the Staff Report to read: "The height Of the structure will be reduced to a maximum of 26 ft. Revised plans are to be submitted to the PLanning Depart- ment for review and approval." The vote was taken on the motion to approve A -76L at a maximum height of 26 ft., per the amended Staff Report. The motion was carried unanimously. Marty Oakle,y, the architect, stetted that the roof pitch is based on the. living room area of the house. lie indicated that they could not maintain the same roof pitch if reduced by 4 ft. Chairman Laden stated that the Commission had previously asked the appli- cant to consider reducing the height of the home, and it iS the consensus OF the Commission that it is too high. It was noted that there is a 10 -dav appeal period. 2. SDR -1486 - Tor Larsen, Rec{ucst for '1'entatit-c Building Sitc Approval for 3 lots, Pierce Road; Continued from Land Development Committee Mccting of I-'.-arch 19, 1931 Staff explained that this item is_ a continuccl,pnl1lic hearing from the Land Development Committee. Staff explained that the Suhdivision Ordinance requires that when there is a minimum access or driveway access off of a cul -de -sac, it requires an exception from the Planning Commission. It was - 2 - (t 0 City of Sarctoga C~ APP?OVED EY: C� DA'f E: REPORT TO PLANNING COMMISSION *(amended 4/8/81) DATE: 3/18/81 Commission Meeting: 3/25/81- SUBJECT A -761 Mendelsohn Lane Development Co. 20105 Mendelsohn Lane (Lot 15, Tract 6531) ---------------------------------------------------------------------------- 'EQUEST: Design Review Approval for a two -story single family dwelling. ;ITE SIZE: 20,083 sq. ft. R -1- 20,000 'ROJECT CONSIDERATIONS: 1. Size of Structure: Lower Level: 2,876 sq. ft. (including garage) Upper Level: 1,830 sq. ft. 2. Site Coverage by Structure: 14.3% 3. Site Slope: 3.5% - Slope at Building Footprint: 3% 4. Height of Structure: Maximum: 30' 5. Pad Elevation(s): 6. Exterior Facade: At Mid -Point of Roof: 27' 515.00+ Materials: Brick, half timber,- Stucco Color: Beige (stucco) 7. Roof Materials: Cedar shakes. 8•Grading Required: Cut: yds.3 Fill: yds.3 Cut Depth: ft. Fill Depth: ft. Minimal grading will be required to accommodate proposed dwelling. taff Report �.. ( : C. 3 /18/81 - 1. 761 Page 2 9. Design: A. Number of Stories: Two B. Setbacks: Front: 45 ft. Rear: 63 ft. Sides: 18 r: & 30 ft. C. Compatible with Existing Structures: Yes, see comments. D. Compatible with Natural Setting: Yes, see comments. E. Visibility /Screening: Due to trees on site, the proposed residence is partially screened on the front, left and rear sides of the property. F. Driveway Configuration: Curved "L "shaped; side facing garage. G. Accessory Structures: None proposed. H. Existing Vegetation: grasses, oaks and firs. I. Solar: 1. Building. Configuration: Portion of the roof faces south; acceptable but may not be large enough for adequate heating. 2. Roof Angle: 45 degrees; OK 3. Passive System None proposed 4. Active System: None proposed. . J. Comments: As per Ordinance 3E -16, any structure over 22' in height (measured to peak of roof) on an R -1 lot less than 10% in average slope must be reviewed under a Design Review public hearing. Approximately 60 sq. ft. of the northern side of the proposed structure is outside the approved building envelope for lot 15. No adverse impacts are associated with this encroach- ment since no major trees will be adversely impacted and setback and coverage requirements will be complied with. It should be noted that this is the fifth modification to the building envelopes approved by the Planning Commission (Exhibit "A -7 ", SD- 1341). The proposed modification is a minor one which should have no adverse impacts on adjacent _ properties and conforms to the City's goal of preserving as many trees on the site as possible. The applicant has submitted a revised site development plan for the proposed subdivision, as required by the Commission, to show the location of the modified building envelope relative to other approved structures and building envelopes. According to Ordinance 3E -16, five criteria must be addressed in deciding to approve or deny a Design Review • request for a structure over 22' in height. The criteria - and the Staff Analysis are as follows: Staff Report C 3/18/81 A. -�61' Page 3 1. The proposed structure shall not significantly impair the present or uture ability of an adjacent property to utilize solar energy. Staff prepared•a shadow map for the proposed structure and determined that there would be no substantial adverse shading on the adjacent northern property due to structure height. 2. The proposed structure shall not constitute an unreasonable invasion of the privacy of adjacent property owners. The windows of the second -story contained in the rear elevation will be partially screened by scattered mature oak trees on the subject parcel and neighboring parcel to the rear.. However it'is appropriate that additional evergreens._ be planted in the rear yard to further protect the privacy of the adjacent property. The proposed 63' rear yard setback will also help to mitigate potential privacy impacts. 3. The proposed structure shall not unreasonablv interfere with the views of adjacent properties. SSite inspection of the subject parcel has revealed that although the structure is 30' in height, viewshed areas will not be adversely.impacted. Many of the trees contained in the subdivision are taller than the proposed dwelling. 4. The proposed structure shall minimize disruption to natural topography, the natural drainage system, and existing vegetation. Due to the nearly level nature of the site, no significant disruption to the topography will be required to accommodate the proposed dwelling. Natural drainage will only be disrupted by the increase in impervious surface. This disruption will be minimal since coverage of the site will be minimized with the two -story structure. Drainage for the site must be approved by the Department of Inspection Services. Four ordinance size trees are scheduled to be removed which are located in the building envelope approved by the Planning Commission under Exhibit "A -7 ". All other ordinance sized trees on the subject parcel will be preserved. It should be noted that the northern side of the struc- ture will be closer to a 12" fir tree. The foundation should be designed to minimize damage to the tree's • root system. 5. The proposed structure shall not be out of character with the existing structures of the neighborhood. Staff Report A -761 (1. C...r 3/18/31 - Page 4 This structure will be the second two -story of the • subdivision which, according to Ordinance NS -3.31 (the Multi-Story Ordinance), is allowed to have 50% of its lots occupied by two -story structures. The proposed structure complies with ordinance require- ments and would be compatible with the height of other two -story structures across the street and with other adjacent structures within the tract on lots 11 and 13 (28' +). RECOMMENDED ACTION: Approve per Staff Report dated March 18, 1981 and _ Exhibits "B ", "C ", "D ", and "E" subject to the following conditions: 1. Prior to issuance of building permits: A. Detailed grading and drainage plans shall be reviewed and approved by the Department of Inspection Services. Only these approved plans shall be implemented during construction. B. Any modifications to the proposed site development plan or elevations ..shall require Planning Department review and approval. C. A landscape plan shall be submitted for Planning Department review and approval which illustrates how privacy of adjoining lots will be protected. Landscaping shall be planted prior to issuance of a certificate of occupancy. D. The proposed dwelling's foundation shall be designed to minimize damage to the root system of the 12" fir tree near the northern side of the dwelling. E. The height of the structure will be reduced to a maximum of 26 ft. Revised plans are to be submitted to the Planning Department for review and approval. Approved: � 2— SL /clh P. C. AGENDA: 3/25/81 /rte ,L , - "( Sharon Leste P anning Aide *As amended at thr- Planning Commission meeting on 4/8/81., • a J S. 2- N ( J �Y l� May 9, 1981 PETITION TO SARATOGA CITY COUNCIL We, the undersigned residents of Saratoga, have examined the two sets of plans for Mendelsohn Lane Subdivision lot #15; one where the height is 26' and the other where the height is 30'. We urge the Council to approve the 30' height plans. 2 ZO F Lfn %�F� E �'O -F % �2 P cy f 6 d" �C S /►t e, C 4 '7 4I � f, /7 CPO au May 9, 1981 PETITION TO SARATOGA CITY COUNCIL 0 We, the undersigned residents of Saratoga, have examined the two sets of plans for Mendelsohn Lane Subdivision lot p15; one where the height is 26' and the other where.the height is 30'. We urge the Council to approve the 30' height plans. r7- Sel a3 � f 'll- / LIN as �,w