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HomeMy WebLinkAbout08-04-1982 CITY COUNCIL AGENDACITY OF SARATOaN 03 0 1 Initial: AGEMA BILL NO. Dept. Hd. DATE: August 4, 1982 C. Atty. DEPART=: Community Development C. Mgr. SUBJECT: Modification to Site Development Plan of Lot 13, Tract 65 1, - - - -- Rancho Bella Vista - T. Lerone, and Amendment to CC$R's Issue Summary On July 14, 1982 the Planning Commission voted to recommend to the City Council that the CC&R's of Tract 6531 be amended to allow a pool to be located on Lot 13, with the condition that no trees are removed, and the. caveat that no precedent will be set that other pools will be constructed if there is any possibility of removal of oak trees. No trees are indicated for removal with this proposal. Recommendation 1. Review the attached materials and determine the merits of the request. 2. Approve or deny the request. 3. A public hearing is not required. 4. Staff recommended approval to the Planning Commission. Fiscal Impacts None noted. Exhibits /Attachments 1. Applicant's letter dated 6/24/82 2. Letter from Nino Gallo Construction dated 6/16/82 3. Letter from Pool Service, Inc. dated 4/29/82 4. Staff Report dated 7/9/82 S. Exhibit "B -1" 6. Unapproved Planning Commission Minutes, Meeting of July 14, 1982 7. Resolution 8. Excerpt from CC&R's Tract 6531 Council Action 8/4: Mallory /Fanelli moved adoption of Res. 2004 approving modification with addition of paragraph after two conditions as third condition. Passed 5 -0. LI V k:�,U 20190 Rancho Bella Vista Saratoga, California 95070 JUN 2.a 19U 408/741 -1298 PI'W"IT +�EViE�J June 24, 1982 City of Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, California 95070 RE: 20190 Rancho Bella Vista Tract 6531, Lot #13 To Whom It May Concern: Our family would like to request...your permission to install a natural swimming pond in our back yard. 'We have had a landscape architect and a pool design engineer develop-,a free -form shallow design which we feel would blend ;perfectly with the natural setting of our yard. Also, a pool service firm has recommended a pool sweep which has proven extremely effective in dealing with leaves from nearby trees. Enclosed for your review are renderings of the entire lot-including the proposed swimming pond and all existing trees as well as a letter from the pool service company. Since there is an existing restriction on our lot we have discussed these plans with our neighbors and none had any objections. Enclosed for your information is a letter from the major property owner in our development requesting that permission be granted. We have previously owned a large swimming pool with a spa, so are well acquainted with the amount of care and maintenance required. Please let me know if you require any additional information. Sincerely, Thomas A. Lerone TAL:mat Enclosures k'ECEIVED JUN 2 J 1982 NI NO GALLO CONSTRUCTION PERMIT REVIEW 13165 VIA RANCHERO SARATOGA, CALIFORNIA JUNE 16, 1982 City of Saratoga 13777 Frui tvale Saratoga, California Re: Tract 6531 - Lot #13 Gentlemen: Mr. & Mrs. Tom Lerone have indicated to me that they would like to install a free form shallow pool in their back yard. This lot has an existing restriction prohibiting the installation of a swimming pool. When this restriction was placed on the lot the main consideration was possible' damage to existing trees and vegetation on the property. On inspection of the yard and going over the proposed plans, it is apparent that there is adequate open space to accomodate the shallow pool without interfering with the existing trees. Also, the owners plan to install a high quality pool sweep that will more than take care of any leaves that might normally accumulate from the surrounding trees. It is my opinion that Mr. & Mrs. Lerone have put a lot of time, money and effort to propose a pool that would definitely be an asset to their home and neighborhood. I feel that this pool would not interfer in anyway with the natural beauty of the yard and would like to request that they be granted a permit for con- struction. Respectfully submitted NI NO GALL O NG /kb HILL'S POOL SERVICE, INC. 0�3 SWIMMING POOL SERVICE, SUPPLIES AND REPAIRS 100 HEARST AVENUE SAN FRANCISCO, CALIFORNIA 94131 - (415) 333.1762 23 EDWARDS CT. • BURLINGAME, CALIFORNIA 94010 - (415) 342 -2484 April 29, 1982 rccC EIVE:D JUN 2 J 1992 PERMIT REVIEW Mrs. Chris Lerone 20190 Rancho Bella Vista Saratoga, CA 95070 To Whom It May Concern: After examining the tentative plans of the Lerone swimming pond, we feel that the Polaris Vac Sweep would very adequately solve any type of leaves and debris problems encountered. The Polaris Vac Sweep travels submerged on the floor and walls of the pool. It has a sweep hose and a self - contained "vacuum system ". Its primary method is to vacuum the floor, and sweep the wall surfaces. All debris sucked up is depssited into a catch bag attached to the unit. The sweep hose also suspends materials which are drawn into the circulation system. ' We have had a great deal of experience with this product in similar environments and have found it quite successful. We trust this information will be satisfactory. If you have any further questions, please do not hesitate to call. Sincerely, `Gerald A. Hill REPORT TO PLANNING COMMISSION DATE: 7/9/82 Commission Meeting: 7/14/82 SUBJECT- Tract 6531 Lot 13, (A -680) Rancho Bella Vista Chris & Thomas Lerone REQUEST: Recommendation of approval to the City Council to amend CC & R's, and a site modification to allow.the construction of a pool. ENVIRONMENTAL ASSESSMENT: PUBLIC NOTICING: Categorical Exemption This project does not require noticing GENERAL PLAN DESIGNATION: ZONING: R -1- 20,000 SURROUNDING LAND USES: Low Density Residential Single family residential STAFF ANALYSIS: The applicant is proposing to place a pool on their site. Since this lot has a recorded condition which prohibits the installation of a pool, the CC & R's would need to be amended which requires both approval from the City and 60% of the homeowners within the Tract. The developer, Nino Gallo owns more than 60°s of the lots within the tract and his letter enclosed. This restriction was placed on this tract to preserve trees. No trees will be removed with this proposal. The pool landscaping plan indicates that sufficient area will be left between the pool and the nearest trees so that they may be preserved. RECOMMENDATION: Approve per Staff report dated July 9, 1982 and Exhibit "B -1" subject to the following condition: 1. Box trees during construction located within 20 feet of any grading. APPROVED: Sf1Ct� Sharon Lester Planning Aide SL /bc • I • J r v lk Y a Jr v l R� _1 r ✓^ � T 4 CLA rq,tck4cb�a��f E 1`� J• Z 96�� ,may �tl A viyt A, E4 pd-fjj;PrW-57,0% fl�>��lds� S�Jafp'$r XD "0,376'U 6" M ,4c46 J� �'s~EV 94.0 G ffit !1 � IN IN Ilk I 13 Tic►- t- t �ssi �t rQ1t� Eik i V4 Planning Commission Meeting Minutes 7/14/82 UNAPPROVED Chris and Thomas Lerone, 20190 Rancho. Bella Vista, Request for Amendment to CC &R's and Site Modification to allow the construction of a Pool Staff described the request, stating that no trees would be removed to accommodate the pool. It was noted that the developer still owns the balance of the subdivision and has given his approval for this amendment. Commissioner Monia.stated that he would rather see the entire CC &R's changed for the development for that area, provided it would still be the same criteria, since the future owners would then have the equal process. Staff stated that, because of the.nature of this particular wooded sub- division, it would be appropriate to handle the changes on an individual basis. It was noted that the removal of trees had been an important issue during the previous.discussions of this subdivision; therefore, pools were restricted in the CC &R's. Discussion followed regarding setting a precedent. Nino Gallo, the developer, indicated that he had suggested this restriction in the CC &R's to control removal of trees; however, in this case he feels there is no damage to the trees and the pool is extremely shallow. Commissioner King moved to recommend to the City Council the amendment of the CC &R's regarding this site, to allow a pool, with the condition that no trees are removed. Commissioner Monia seconded the motion. Commissioner Bolger stated that he could vote for the motion if a caveat could be attached saying that no precedent will be set that other pools will be constructed if there is any possibility of removal of oak trees. Commissioners King.and Monia accepted the amendment to the motion, which was carried unanimously. Commissioner King moved to recommend the site modification to the City Coun- cil, per Exhibit "B -1" and the Staff Report dated July 9, 1982. Commissioner Monia seconded the motion, which was carried unanimously. RESOLUTION NO. RESOLUTION CONSENTING TO MODIFICATION OF SITE DEVELOPMENT PLAN FOR TRACT 6531 WHEREAS, the City of Saratoga has previously approved an application submitted by Thomas Lerone for approval of a Site Development Plan, identified as SD -1341, pertaining to Lot 13 of Tract 6531; and WHEREAS, approval of the Site Development Plan was conditioned upon a restriction against the installation of swimming pools on certain lots,within the subdivision, and further required such re- strictions be rated ;., ..,. , , .;• °. .: , .. •....,,. striction nco p into the covenants, conditions and re- strictions o ove strictions for the subdivision, and prohibited any amendment to such covenants, conditions and restrictions without the prior consent of the City of Saratoga; and WHEREAS, Thomas Lerone has.requested the City to modify the Site Development Plan and•the covenants, conditions and restrictions to allow the construction of a swimming pool on Lot No. 13, which is presently one of the lots on which the construction of a swimming pool is prohibited; and WHEREAS, at its regular meeting on July 14, 1982, the Planning Commission of the City of Saratoga considered the request by Thomas Lerone for modification to the Site Development Plan and consent by the City to amendment of the covenants, conditions and restrictions to permit the construction of a swimming pool on Lot No. 13, and :.. the Planning Commission has recommended to the City Council that such request be granted, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that consent is hereby given for modification of SD -1341 and amendment to the covenants, conditions and restrictions filed of record pertaining to Tract 6531, to permit the construction of a swimming pool on Lot 13, as shown on Exhibit B -1 attached hereto and made a part hereof, subject to the condition that prior to the issuance of any building permits: 1. Box trees during construction located within 20' of any grading. 1, _;?KYy,•3- ar- �ts'.,7y,y�:s.. r i� - ..:`..? , - .. j,:t. L c. , ._:. is ;� ... . -. ._. .. .. O W, 2. No trees shall be removed during construction of pool. '"Df A copy of the amendment to the covenants, conditions and re- strictions for Tract 6531, permitting the construction of a swimming pool on Lot 13, shall be furnished by Thomas Lerone to the Community Development Department. The consent herein granted by the City of Saratoga to such amendment shall not constitute a consent to any further or other amendment to such covenants, conditions and re- strictions. PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SARATOGA HELD ON THE 14th day of July, 1982, by the following vote: AYES:. Commissioners Bolger, Crowther, King, Monia and Schaefer NOES: None ABSENT: None ATTEST: City Clerk W Mayor Excerpt from CC&R's Tract 6531 (3) No artificially created slopes of earth shall be maintained on any Lot on which the slope thereof exceeds one foot of rise for each one and one -half feet of lateral distance. Retaining walls may be utilized so long as they are of adequate strength and attractive appearance and are approved by the said Architectural Committee. (4) No carports shall be constructed so that their interiors are visible from the public street or the adjacent lots. (5) No television, shortwave or other aerials shall be erected on anv structure or Lot except as approved by the Arch. ctural Committee. F. Sw.imming:Pools. (1) No swimming pool may be constructed on or in Lot 8, Lot 10, he ?,t 11, Lot. 12, Lot 13, Lot 14, Lot 1S Lot 16 or Lot .17, it being understood that such construction , may damage or destroy existing trees and vegetation on said Lots. The Architectural Committee shall. have no power or authority to waive this' prohibition, said prohibition being for the benefit of all Lot owners .and the City of Saratoga. The foregoing notwithstanding, a spa havin a surface area not to exceed 100 square .feet may be instayled upon any of said Lots.provided the Architectural Committee shall have first approved said construction. (2) Swimming pools to be constructed on Lots not described in subparagraph (1) above, are subject to Staff design review to insure correct placement of the pool with relation to trees. G. Tem.orar,� Dwellings. No structures or build- ings other than a conY�p eted resioence, designed as such, shall be used or occupied as a dwelling place on any Lot in Project. No tent, trailer or other temporary habitation is to be used. No trailers max be stored or parked on any Lot in this Project unless within a garage -or completely screened from the view of the street and all surrounding property. Ii. Siqns. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising said Lot for sale or l:cnt, or signs used by a builder to advertise the property during the construction and sales period. I. Cara of Properties. All. vacant Lots in the Project shall a-E--a1i -mes e ept free of rubbish and Approval limit the Architectural Committee's right to place greater restrictions on any improvements to be constructed; provided, however, that all improvements shall first comply with all restrictions placed on construction of improvements by the Design Review Committee. Approval shall be as pro- vided below. (2) Two complete sets of plans for each separate improvement shall be submitted by the Owner to the Architectural Committee. Said Committee will return one approved or corrected sets of plans to the Owner and shall retain the second duplicate set of plans in a file which shall be available to all Owners of Lots in the Project. . (3) If said Committee fails to disapprove - such plans and specifications within thirty (30) days after receipt thereof, such plans and specifications will be deemed to have been approved, but such approval shall be conditional upon compliance with all other provisions of this Declaration and all applicable ordinances. H. Governmental Approval.. Design Review Approval of all single-family awe Tings sial be required prior to the issuance of a building permit. In the event that of modification to the Site Development Plan shall be desired approval by the Land Development Con'Tr.ittee shall be obtained. IV MISCELLANEOUS A. Subordination to Mortga3es and Deeds of Trust. Nothi:ig container is eclara�oii -sfi7il impair or ren er invalid the .lien of any mortgage or Deed of Tryst made in good faith and for value, but title to any property-subject to this Declaration obtained through sale in satisfaction of any mortgage or Deed of Trust or otherwise shall hereafter be held subject to all of terms and provisions hereof. B. Terms of Restrictions. These covenants, restrictions, and agreements are to run with the land and shall continue in full force and effect until June 30, 1999, at which date the same shall be automatically extended for a Successive period of ten (10) years, unless a statement is properly executed and recorded by the then Owners of fifty percent (50`-0) or more of the Lots subject to this Declar- ation electing to terminate or amend them in whole or in part. C. Richt to Modification. The undersiUned further reserves o itself, ids successors and assigns in the Project, the right from time to time to waive, release MOM i CITY OF SAI:i1=� AGENDA BILL NO. :303 Initial: Dept. F3d. DATE: August 4, 1982 C. Atty. DEP1V,1n,=: Community Development C. Mgr. SUBJECT: VILLAGE LIBRARY RENOVATION, Authorization for Advertising for Bids Issue S=ary The Plans and Specifications for the Village Library at the corner of Saratoga -Los Gatos Road and Oak Street are complete. The work includes the addition of shear panels to increase the earthquake resistance of the building, termite repair work, and site work to correct drainage problems. This is a 1981 -82 Budget carryover.pro- ject to be funded through Revenue Sharing. The Engineer's Estimate is $19,500. Recommendation 1. _Approve the Plans and Specifications for work.to be done. 2. Authorize Community-Development Director to advertise for bids upon direction from Council following discussion of.lease agredment. Fiscal Imoacts $19,500 - Revenue Sharing Fund Exhibits /Attachments 1. Plot plan 2. Cost Estimate Summary Council Action 8/4: Clevenger /Mallory moved to authorize adveritising forthwith and proceed with work. Passed 4 -1 (Mallory opposed). oAr E� i�rr KArY Zs .6. 1- F,'CIJ(,o NAFI�, A-&- 0,*, K, O 12 sl O LL oAr E� i�rr KArY Zs .6. 1- F,'CIJ(,o NAFI�, A-&- 0,*, K, O 12 sl COST ESTIMATE SUMMARY VILLAGE LIBRARY RENOVATION 1. Shear Panels - 6 locations 2. Structural Pest Control.- Clark Termite Control Report dated 4/25/82 3. Drainage Improvements TOTAL $4000.00 $4500.00 $11;.000.00 $19,500.00 CITY OF SARATOGA Initial: AGENDA BILL NO. ( Dept. Hd. DATE: July 27, 1982 DEPARTMENT:. Administrative Services SUBJECT: Donations for Saratoga Community Library Issue Summary C. Atty C. Mgr. The Council has requested to be able to review and accept all donations to the Saratoga Community Library. Attached is a letter from Lois Thomas, Head Librarian, outlining various gifts to the Saratoga Community Library from.the Friends of the Saratoga Library and various individuals. Recommendation Accept donations to the Community Livrary as indicated on attachment, and request letters of acknowledgement be sent. Fiscal Impacts None Exhibits /Attachments Letter from Lois Thomas, Head Librarian Council Action 8/4: Clevenger /Fanelli moved approval. Passed 5 -0. County of Santa Clara California Mr. Wayne Dernetz City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Dernetz: Saratoga Community Library 13650 Saratoga Avenue Saratoga, California 95070 -5099 867 -6126 Area Code 408 July 12,1982 The Saratoga Library's Gift Committee recommends acceptance by the City Council of the following items donated to the library during the first six months of 1982: Donated by the Friends of the Saratoga Libraries, P. 0. Box 2642, Saratoga: Date Received Item $ Value 5/28/82 1 Brodart double- tiered index table in light oak, from 1,741.40 Bob Malloy & Associates, San Francisco 6/2/82 18 Buckstaff light oak stools, from Tony Dedier Co., 1,462.17 San Francisco 6/4/82 4 oak tables, to be used for the Com -Cats, constructed 598.00 by Jack Becker, Cupertino The Friends have also supplied supporting funds as follows: 2/8/82 New tapes for the Automatic Telephone answering service 57.16 machine 2/8/82 Cash funds for miscellaneous needs, e.g. supplies and 100.00 and refreshments for children's programs; film for publicity 6/7/82 pictures; 2 easels; postage for Friends' letters soliciting 100.00 donations for magazine subscriptions; etc. 5/5/$2 Check for the purchase of puppets to be used in children's 300.00 programs 6/15/82 Fund for the purchase of paperback books to be used as 350.00 awards in the children's summer reading program Various Friends' expenditures for new plants and for plant care 75.00 dates materials used in maintaining library plants Friends' donations July 1, 1981 - June 30, 1982 TOTAL $7,-773--73 cont. S An Equal Opportunity Employer County of Santa Clara California Donated by the Over 491ers Trailer Club: Saratoga Libraries Members, Santa Clara County Library System Saratoga Community Library Village Branch Library 13650 Saratoga Avenue 14410 Oak Street Saratoga, California 95070 Saratoga, California 95070 (408) 867 -6126 (408) 867 -3893 3/8?_ Check for the purchase of Playschool picture puzzles for young children Donated by Congregation Beth -David Synagogue: 3/82 Check toward the cost of the children's program presented by Marilyn Hirsh, author Sincerely, l�l�,c� L•l f� Lois H. Thomas Community Library Supervisor TOTAL DONATIONS 7/1/81 - 6/30/82 An Equal Opportunity Employer $ 50.00 35.00 $4,868.73 �I r CITY of sAizidi ) Q% AGENDA BILL NO. 3Op2, Initial: Dept. Hd. DATE: August 4, 1982 C. Atty. DEPt�I IT: Community Development C. Mgr. --------------------------------------- - - - - -- - - -- SD -1522 and Negative Declaration �Geral3 Buffer, - -lira �3ri e anT - -- SUBJECT: Montalvo Road, Request for Tentative Subdivision Approval - 6 lots) Issue SL- -rmary The applicant submitted a proposal for a six -lot subdivision to be located off of the Lira Drive extension and Montalvo Road (the Arata property). This application is similar to that approved by the Planning Commission in 1977 after they had denied without prejudice a proposal which involved the "cul- de- sacing" of Lira Drive (SD- 1296). The original approval, SD -1296, expired while the applicant was in court with a private lawsuit on this property. The Planning Commission denied the Negative Declaration and the application, finding the project inconsistent with the General Plan with respect to (1) Montalvo traffic; (2) loss of the eucalyptus trees; (3) the Lira Drive Extension (location, traffic, noise and potential maintenance); (4) drainage and (5) density. Recommendation 1. Review the attached materials and determine the merits of the project and Negative Declaration. 2. Approve or deny the request, making the necessary findings. (See attachement). If the project is to be approved the Negative Declaration must first be adopted. 3. Staff recommended approval of the Negative Declaration and subdivision per the Staff Report dated June'18, 1982 as amended. Fiscal Imoacts None known Exhibits /Attachrr nts 1. Letters of Appeal 2. Planning Commission Meeting Minutes July 14, 1982 (unapproved)and June 23, 198 3. Negative Declaration and Staff Report dated June 18, 1982 4. Staff Report dated June 18, 1982 as amended 5. Tentative Map Exhibit "B -2" 6.- Minute_s,:of previous applications (SD -1296, SD -1358 and SD- 1418) *& related 7. Staff _ Report dated July 9, 1982* material 8. Correspondence received on project* *See Agenda Bill for SD -1521 Council Action 8/4: Fanelli /Mallory moved approval of Negative Declaration. Passed 4 -1 (Moyles opposed). Fanelli /Mallory moved approval of appeal with conditions. Passed 4 -1 (Moyles opposed). I FINDINGS REQUIRED FOR SUBDIVISION APPROVAL OR DENIAL PER THE SUBDIVISION MAP ACT 66473.5. No local agency shall approve a map unless the legislative body shall find that the proposed subdivision, together with the pro- visions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of this title, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of this title. A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use'is compatible with the objectives, policies, general land uses and programs specified in such a plan. 66474. A legislative body of.a.city or county shall deny approval of a final or tentative map if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement.of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause 'substantial environmental damage or substantially and avoidably injure fish.or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. IV. GROUNDS FOR MAP APPROVAL OR DENIAL A. ( §1.14] Findings Required by Local Agency (Govt C §66473.5) Nachu UvAtr 4%e, subaim.;I,- Map etc{' S.'k9slass b ' I 1. Local agency must affirmatively find proposed subdi- vision consistent with general plan or specific plan adopted under the Planning and Zoning Law. Govt C § §65000- 65008. Cam v Board of Supervisors of Mendocino County (1981) 123 CA3d 334, 176 CR 620; Save E1 Toro Assn v Days (1977) 74 CA3d 64, i 114 CR 282; Woodland Hills Residents Ass'n v City Council (1975) 44 CA3d 825, 118 CR 856. 2. Housing balance finding. Govt C 566412.2. 3. Future passive or natural heating or cooling oppor- tunity findings. Govt C §66473.1. B. [ §1.15] Sufficiency of Findings and Grounds for Denial Findings are sufficient if they (1) inform parties of the bases on which to seek review and (2) permit the courts to determine whether the decision is based on lawful principles. They may incorporate the staff report. McMillan v American General Finance Corp. (1976) 60 CA3d 175, 131 CR 462. See also Topanga Ass'n for a Scenic Community v County of Los Angeles (1974) 11 C3d 506, 113 CR 836. 1. If the legislative body makes any of the following findings with respect to a tentative or final subdivision i map, it shall deny approval of such map (Govt C §66474): a. The map, design, or improvements of the proposed subdivison are inconsistent with-the applicable general and specific plans. See Woodland Hills Residents Ass'n v City Council (1975) 44 CA3d 825, 118 CR 856. ] b. The site is not .physically suited for t lie 'proposed f ' type or density of development. In Carmel Valley View, Ltd. v Board of Supervisors (1976) 58 CA3d, 817, 130 CR 249, the court upheld the disapproval of a map because the site was not physically suited for the proposed development. If the site is not suited for the proposed density of population or structures, the legislative body must disapprove the map on conditions that will reduce the density. 56 Ops Cal Atty Gen 274 (1973) . C. The design or proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish, wildlife or their habitat, or cause serious public health problems. Regarding assessment of environmental impact, see Environmental Quality Act of 1970 (Pub Res C § §21000- 21003). See also 59 Ops Cal Atty`Gen 129 (1976) (Govt C §66412.2) for a discussion of the exactives that the legislative body. may impose as a condition of approval. d. The design or improvements of the proposed subdi- vision will conflict with public easements for access through, or use of, property within the proposed subdivision. The legislative body may approve map if alternate public easements will be provided. 2. Approval of final map that is in substantial confor- mance with the approved tentative map. Govt C §66474.1. General rule: Approval is a ministerial act, and mandatory approval is required [if the final map complies with state and local law and conditions to the tentative map] Youngblood v Board of Supervisors (1978) 22 C3d 644, 150 CR 242; Great Western Say. & Loan Assn v Citv of Los Anqeles (1973) 31 CA3d 403, 107 CR 359. The final map need only conform to the general plan in effect when the tentative map is approved. 3. Are these the exclusive grounds for denial? In 62 Ops Cal Atty Gen 233 (1979), the attorney general determined that the grounds stated in the act for disapproval of a map are the j only grounds on which a map may be disapproved.' nY„,T• S 5. .Ic ~ ' ~7 ^ � 7 '--�,��"'����___ �� / � -^ '2 0 0 ' ^ � ' ' ' EIA -4 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No: SD -1522 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the California Administrative Code, and Resolution 653 - of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of,s'aid Act. PROJECT DESCRIPTION Tentative subdivision approval for 6 lots on 11.95 acre site in R -1- 40,000 zoning district off of Montalvo Road and extension of Lira Drive over 400 feet in length. The sixth lot contains an existing residence on 6.5 acre site which is to remain and continue its access from Hill Ave. Three new residences are proposed to access from a cul de sac on the Lira Drive ,Extension and two residences will access from Montalvo (one requiring a special finding to allow access from a minimum access roadway for a subdivision lot). NAME AND ADDRESS OF APPLICANT Gerald Butler 15015 Vickery Avenue • Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION Review by the Planning Commission for con - forance to the General Plan (fiery Low Density Single Family Residential), the subdivision and zoning ordinance requirements and compliance with responsible agency conditions will minimize the impacts the project will have on the environment. The FEIR for the nearby "Young" property, finds that the Lira Drive extension will not increase the traffic signi-. ficantly and will be within the.capacity;of, the street system but suggests a mitigation measure of widening of remaining sections of Montalvo Road to 26 feet which should be conditioned with the project. Additionally this is an infill situation consistent with the zoning. This project will not have a significant impact on the environment. Executed at Saratoga, California this. 27th day of Ma ROBERT S. SHOOK DIRECTOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL CONTROL OF THE CITY OF SA . TOG / n & DIRECTOR'S AUTHORIZED STAFF MEMBER 19 82 . i INFO -, R-Mr, I xl-�, J 10"AT MINES I I REPORT TO PLANNING COMMISSION DATE: 6/18/82 Commission Meeting: 6/23/82 SUBJECT: Negative Declaration for SD -1522 Gerald Butler, Montalvo Road, Tentative Subdivision Approval --------- 6--lots ----------------------------------------------------- - - - - -- Staff has submitted a Negative Declaration for your certification on this project prior to any approval. Staff does not feel that the project (5 new homes and the extension of Lira Drive) will have a significant impact on the environment. The responsible agencies for this project have been notified of the intent of adopt a negative declaration and have not indicated that rthey feel there are significant impacts associated with this project. Significant is defined by CEQA as "a substantial, or potentially substantial adverse change in any of the physical conditions within the area affected by the activity." For additional perspective, recent CEQA Guideline changes include an allowance of a categorical exemption for "division.of property in urbanized area zoned for residential... into four or fewer par- cels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel with- in the previous 2 years, and the parcel does not have a slope greater than 20V". (Class 15) An EIR is required when 1) the lead agency finds there will be significant effect on the environment or if it can be fairly argued on the basis of substantial evidence that the project will have a significant effect" or 2) when there is "serious-- public controversy concerning environmental effects of a project. Con- troversy not related to an environmental issue does not require the preparation of an EIR ". (Public Resources Code 15084). An EIR was prepared and certified for the 8 homes at the end of Lira Drive. Public Resources Code 15067 states that "no additional EIR need be prepared unless, -there are changes proposed in the project which require important revisions of EIR or new significant impacts or information have occured." The major citizen concerns expressed on this 5 lot project relate to traffic and geology. The FEIR for the 13 lot Butler subdivision discusses the traffic impacts of that subdivision as well as the extension of Lira Drive and its proposed total of 15 units. (pp. 21- 27)_... These increments would not exceed existing roadway capacities or cause significant increase in congestion." The City Geologist has reviewed the 8 lot subdivision and recommended approval given the Geologic and Geotechnical investigation report prepared by Terratech, Inc. dated June, 1978. With the concern expressed during the on site visits of the geology of the Lira Drive extension, staff has requested the City Geologist to review the road alignment and feels this can be handled through the.. Tentative Map process. Soils and foundation engineering is nor- mally required prior to issuance of building permit. Given the FEIR on the Butler Subdivision and the information known on this project, staff does not feel that a new EIR would generate substantial additional information. If the Commission desires more information for review and conditioning of the pro- ject, as on geology or drainage, it can be generated through the subdivision approval process. 1 APPROVED: Kathy' Kerdus Planner U KK /bc Agenda: 6/23/82 REPORT TO PLANNING COMMISSION 0 AMENDED 71g182 EXHIBIT "A" DATE: 6/18/82 Commission Meeting: 6/23/82 SUBJECT: SD -1522 - Gerald Butler, Lira Drive, Tentative Subdivision Approval - 6 Lots (Formerly SD -1296) ---------------------------------------------------------------------------- REQUEST: Grant of Tentative Subdivision Approval for 6 lots (including one containing the existing Arata residence) on a.parcel located on the proposed Lirs Drive extension (off of Montalvo). ENVIRONMENTAL ASSESSMENT: Negative Declaration (one previously received on May 31, 1977). PUBLIC NOTICING: Noticed by posting on site, advertising in the Saratoga News and mailing notices to property owners within 500'. GENERAL PLAN DESIGNATION: ZONING: R -1- 40,000 Very low density residential SURROUNDING LAND USES: Single family residential, San Jose Water Works tanks to the west and Villa Montalvo to the south. SITE SIZE: 5.3 Acres for proposed 5 lots. 11.95 Acres for entire parcel, including Lot 6 with existing house:; The proposed lots are .92 or 1 Acre in size. SITE SLOPE: 4.8% for 5.3 acres (Tract 6632) and 7.7% for Lot 6. 6.5% for 11.95 acres overall. PROJECT DESCRIPTION: The applicant has submitted the same map for the subject site that was approved in May, 1977. The original application in file SD -1296 showed Lira Drive as a cul -de -sac with 4 and then 3 lots taking access from it and 2 lots taking access from Montalvo Road. This map was denied by the Commis- sion without prejudice on the basis of inadequate area -wide circulation. The map now up for your consideration divides an 11.95 acre parcel into 6 lots. Lot 6 could be further subdivided. Minutes of the previous meetings relating to the proposed subdivision and its access are attached to this report. Report to Planning Comm'ission 6/18/82 SD -1522, Gerald Butler Page 2 Two of the proposed lots will take access from Montalvo Road. One of these lots does not front on a public street and, therefore, since it is part of a major subdivision (5 or more lots) an exception from Section 13.3 -7 is required. In order to make this exception, (per Section 15.2 of the Subdivision Ordinance) the Planning Commission must find "that there are special circumstances or con- ditions affecting said property, or that the exception is necessary for the preservation and enjoyment of the substantial property rights of the petitioner, and in either event, that the granting of the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the territory in which said subdivision is located." An option may be avail- able since access for Lots 3 and 4 from a cul -de -sac is recommended as a condition by the Community Development Department. This could be made a public cul -de -sac. Three additional lots will access from a cul -de -sac off the Lira Drive extension while the Arata residence will continue to take access from Hill Ave. When the Planning Commission considered the extension of Lira Drive, they thought one additional residence on the remaining 6.8 acre Arata lot might take access from Lira Drive. This proposal will help create a cul -de -sac longer than 400'. Therefore, the Planning Commission needs to find that the proposed,length is "the only feasible method of developing the property for which it is zoned" (Section 13.3 -4 of the Subdivision Ordinance). The parcel being subdivided has a slope of less than 10% and, therefore, does not require geological review, nor a Site Development Plan, prior to Tentative Approval. Since concerns have been expressed about the stability of the proposed Lira Drive extension, Staff has..requested the City Geologist to review its align- ment. A report on this review is- included in your packet. PROJECT STATUS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and.Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been-considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to`the environmental impact of this project, if approved under this application. Said determination date: 5/27/82 The Staff Report recommends approval of the tentative map for SDR -1522 (Exhibit "B -2" filed 6/21/82) subject to the following conditions: I. GENERAL CONDITIONS Applicant shall comply withall applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; ' Report to Planning Cc'si on 82 .....- 6 / 18 / SD -1522, Gerald Butler Page 3 submission of engineered improvement plans for any street work; and compliance with applicable Health Dept. regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPT. A: Comply with Standard Engineering Conditions dated 4/11/77. B. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. C. Submit Map to City for Checking and Recordation (Pay required Checking & Recordation Fees). D. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. half- street on Lira Drive and Montalvo Rd, E. Improve Lira Drive and Montalvo Rd. to City Standards, including the following: 1. Designed Structural. Section 13 ft. between centerline and flowline. 2. P.C. Concrete Curb and Gutter (R -36) 3.. Undergrounding Existing Overhead Utilities. F. Construct cul -de -sac having 32' radius at south end of Montalvo Rd. G. Street improvements on 40 foot right -of -way (cul -de -sac) to be 26 ft. H. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Dewer or Watercourse, including the following: 1. Storm Sewer Trunks with necessary manholes. 2. Storm Sewer Laterals with necessary manholes. 3. Storm Drain Inlets, Outlets, Channels, etc. I. Construct Emergency Access Road 18 ft. wide plus 1 ft. Shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from tract boundary through lands of S.J.W.W. to Vickery Ave. gated at both ends. Slope of access road shall not exceed 122% without ad- hering to the following: oAccess roads having slopes between using 22 in. Asphalt Concrete on 6 oAccess roads having slopes between using 4 in. of P.C. Concrete rough Aggregate Base. Slopes in excess in length. 12-1A and 15% shall be surfaced in. Aggregate Base. 15% and 172% shall be surfaced surfaced using 4 in. of 15% shall not exceed 50 ft. Report to Planning Cc'`:,,.:: �s i on SD -1522, Gerald Butler 6/18/82 Page 4 °Access roads having slope in excess of 17,% are not permitted. NOTE: °The minimum inside curve radius shall be 42 ft. °The minimum vertical clearance above road surface shall be 15 ft. °Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. °Storm Runoff shall be controlled through the use of culverts and roadside ditches. J. Construct temporary turnaround having 32 ft. radius on temporary easement at the end of Lira Drive (22" A.C. on 6" Aggregate Base). K. Construct Standard Driveway Approach. L. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. M, Watercourses must be kept free of obstacles which will change, retard or prevent flow. N. Protective- Planting required on roadside cuts and fills. 0. Obtain Encroachment Permit from the Dept. of Community Development for driveway approaches or pipe crossings of City Street. P. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction 3. Access Road Construction Q. Pay Plan Check and Inspection, Fees as determined from Improvement Plans. R. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. S. Post bond to guarantee.completion of the required improvements. II. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical report required prior to final approval. Applicant's geotechnical consultant should speak to all matters that may be affected by or have affect on the proposed development. B. Applicant's geotechnical consultant shall review all site, pool, grading, drainage and foundation plans for the site and provide a written statement to the City certifying he has done such a review, and that the plan in question is consistent with the recommendations of his report. Building permits will not be issued until this statement is received. Report to Planning Com"iin ss i on SD -1522, Gerald Butler 6/18/82 Page 5 C. A grading plan for each lot shall be submitted and approved prior to building permit at time of Design Review. (This plan to be prepared by a licensed engineer). This plan is to be accurate to within + 0.5 foot and be of such scale and contain detail as to allow accurate determination of slopes, cut and fill quantities and limits of grading /excavation. Cross - sections and calculations shall be submitted as appropriate. All grading shall be in accordance with City grading ordinance and the applicable geotechnical report. All grading is to be contoured. D. All slopes either stripped during or created by construction shall be treated adequately for, erosion control. The grading plan shall contain details of how*this is to be accomplisehd. This work shall be completed prior to final inspection /certificate of occupancy. No cuts and fills are to be undertaken or left open at a time of year subject to signi- ficant rainfall. Erosion control measures shall be installed when rainy season or occupancy occurs, whichever comes first. Earthmoving equipment to be fitted with noise reducing mufflers. E. All engineering structures /components, foundations and retaining walls over 3 feet in face height shall be designed by a registered civil engineer. F. All structural fill shall be keyed into side slopes, placed on stable existing ground stripped of all organic /deleterious material, and.compacted to a minimum 9 M relative compaction. Non - structural fills shall be likewise placed except to a minimum 85% relative compaction. G. A drainage plan for each lot shall' be submitted and approved prior to building permits. This plan should address all potential runoff reaching, created by and leaving the site (including water from paved and roof areas). Plan shall show method of collecting, carrying and disposing of all such water. Water shall not be directed onto adjacent private property without° proper authority (existing natural water - course, private storm drain easement, etc.). Consi- deration is to be given to subsurface water and drainage therefore provided. H. The applicant's geotechnical consultant is to observe construction sufficiently to validate his report and to insure its recommendations are followed. A letter stipulating this is required prior to final ' inspection of any structures. III. .SPECIFIC CONDITIONS - SANTA CLARA COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewers and easements to be provided and fees paid in accordance with requirements of Sanitation Dist. No. 4 as outlined in letter dated June 4, 1982. IV. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Property is located in a potentially- hazardous fire area. Prior to issuance of building permit, remove combustive vegetation as specified. Fire retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ordinance 38.58 and Uniform Fire Code, Appendix E). Report to Planning CcP:t: "lion 6/18/82 SD -1522, Gerald Butler Page 6 B. Construct driveway 14 -feet minimum width, plus one -foot shoulders using double seal coat oil and screening or better on 6 -inch aggregate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 122% without adhering to the following: 1. Driveways having slopes between 122% to 15% shall be surfaced using 22" of A.C. on 6 -inch aggregate base. 2. Driveways having slopes between 15% to 172% shall be surfaced using 4" of P.C.C. concrete rough surfaced on 4 -inch aggregate base and shall not exceed 50 feet in length. 3. Driveways with greai;er slopes or longer length will not be accepted. C. Construct a turnaround at proposed dwelling sites having a 32 foot inside radius. Other approved type turnarounds must meet require- ments of the Fire Chief. Details shall be shown on building plans. D. Driveway shall have a minimum inside curve radius of 42 feet. E. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by the Fire Chief. Details shall be shown on building plans. F. Extension of existing water system adjacent to site is required for fire protection. Plans to show.location of water mains and fire hydrants. G. Fire hydrants in all hazardous fire areas as designed pursuant to Section 6 -2.42 of the Saratoga City Code shall be located so that no part of any residential structure shall be further than five hundred feet from at least one hydrant and the fire protection system shall be so designed and ch,ar.ged with water under pressure so that each hydrant for residential fire protection shall deliver no less than 1,000 gpm of water. Water storage or other availa- bility shall be such that.for any one hydrant of the system, the 1,000 gpm minimum shall be maintained for a sustained period of two hours (Ordinance No. 60.4). H. Provide 15 -foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. I. Developer to install one (1) hydrant -that meets- Saratoga Fire District's specifications. Hydrant to be installed and accepted prior to issuance of building permits. J. All bridges and roadways shall be designed to sustain 35,000 lbs. dynamic loading. K. Emergency gate at Lira Drive and Olavarri driveway must have a security system with a lock box. Plans to be approved by Fire District prior to Final Approval. Report to Planning Cominission 6/18/82 SD -1522, Gerald Butler Page 7 V. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Santa Clara County Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said dis- trict to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tanks are to be pumped and backfilled. A $400.00 bond is to be posted with the City of Saratoga to insure completion of work. D. Any wells located on the property must be properly sealed and aban- doned. VI. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required,on the emergency access road and barrier prior to Final Subdivision Approval. B. House locations and driveway designs to be reviewed and approved by Saratoga Fire District. C. Design Review Approval required.onproject prior to issuance of permits. On -site lighting to be reviewed and approved through Design Review. D. Any modifications to the Site Development Plan shall be subject to Land Development Committee approval.. E. Prior to issuance of building permits, individual structures shall be reviewed by the Permit;,Review.Division to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportuni- ties on /in the subdivision /building site. F. Widening of remaining sections of Montalvo Road between Lira Dr. and Saratoga /Los Gatos Rd. to minimum standard 26 ft. IX. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. Approved: Kathy Kerd�Us Associate Planner KK /dsc P.C. Agenda 6/23/82 I .. CI1 Z Or SARIYFCGG �� Z Initial: _Wk AGENDA BILL NO. Dept. Fid. DATE: August 4, 1982 C. Atty. DEPt'1F 11=: C'nmmnn i ty nPvel onment C. Mgr. ------- — ---------- --------- — ------ ----------------------- -- ------- -- - * - --------- SUBJECT: SD- 1521, G. Butler, Lira Drive (access from Lira Drive and emergency access to Vickery), Request for Tentative Subdivision Approval - 8 lots Issue SL'IidTlary The applicant submitted a proposal for a eight -lot subdivision to be located at the end of the proposed Lira Drive extension on the former Young property. This application represents a portion of the same proposal that the Planning Commission approved in 1978 (SD -1358) with an EIR and that was later unitized (Unit 2) by the Council in 1979 (SD- 1418),;which have expired while the appli- cant was in.court with a lawsuit on the adjacent property -(that parcel being proposed for subdivision by SD -1522 which provides the extension of Lira Drive),. The Planning Commission denied this application as inconsistent with the General Plan with respect to density and circulation improvements. The greatest con- cerns expressed by the Planning Commission were (1)- Montalvo traffic; (2) loss of the eucalyptus trees; (3) the Lira Drive extension location, traffic, noise and. - maintenance; (4) drainage and�'.(5) density. Recommendation - l. Review the attached materials and determine the merits of'the request. 2. Approve or deny the request, making the necessary findings. (See attachement) The EIR for this project was certified in 1978 by the Planning Commission as adequate. 3. Staff recommended approval of the subdivision per the Staff Report dated June 15, 1982 as amended.. Fiscal Imoacts None Known Eyh ibits /Attachments 1. . _Letter of .Appeal 2. Planning Commission Meeting Minutes July 14, 1982 (unapproved)and June.23;, 198 3. Butler EIR 4. Staff Report dated June 15, 1982 as amended 5. Tentative Map Exhibit "B -2" 6. Minutes-of previous applications (SD -1296, SD -1358 and SD- 1418)x, related mater 7. Staff Report dated July 9, 1982 ial 8. Correspondence received on project Council Action 8/4: Fanelli/Mallory moved to approve appeal with conditions. Passed 4 -1 (Moyles opposed). FINDINGS.REQUIRED FOR SUBDIVISION APPROVAL OR DENIAL PER THE SUBDIVISION MAP ACT 66473.5. No local agency shall approve a map unless the legislative body shall find that the proposed subdivision, together with the pro- visions for its design.and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of this title, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of this title. A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan. 66474. A legislative body of a city or county shall deny approval of a final or tentative map if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement.of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Arac,hu Uwdcr .ate IV. GROUNDS FOR MAP APPROVAL OR DENIAL SubdW&�6•0_ MaP A. [ 51.14] Findings Required by Local Agency Cgrhh'1)o�dt' ldc�/ii�' Mau' 60IVt61rs, 5k�ys � 2avos "« (Govt C §66473.5) 3. Are these the exclusive grounds for denial? In 62 Ops Cal Atty Gen 233 (1979) , the attorney general determined that the grounds stated in the act for disapproval of a map are the only rounds on which a . Y map p ma be disapproved. t I x. f 1. Local agency must affirmatively find proposed subdi- vision consistent with general plan or specific plan adopted under the Planning and Zoning Law. Govt C § §65000- 65008. Cam v Board of Supervisors of Mendocino County (1981) 123 CA3d 334, 176 CR 620; Save E1 Toro Assn v Days (1977) 74 CA3d 64, 114 CR 282; Woodland Hills Residents Ass'n v City Council (1975) 44 CA3d 825, 118 CR 856. 2. Housing balance finding. Govt C §66412.2. 3. Future passive or natural heating or cooling oppor- tunity findings. Govt C §66473.1. " B. [ §1.15] Sufficiency of Findings and Grounds for Denial j Findings are sufficient if they (1) inform parties of the bases on which to seek review and (2) permit the courts to : determine whether the decision is based on lawful principles. They may incorporate the staff report. McMillan v American General Finance Corp. (1976) 60 CA3d 175, 131 CR 462. See ` :. also Topanga Ass'n for a Scenic Community v County of Los Angeles (1974) ll. C3d 506, 113 CR 836. + 1. If the 'legislative body makes any of the following findings with: respect to a- tentative or final subdivision map, it shall deny approval of such map (Govt C §66474): a. The map, design, or improvements of the proposed subdivison are inconsistent with-the applicable general and specific plans." See Woodland Hills Residents Ass'n v City Council (1975) 44 CA3d 825, 118 CR 856. b. The site is not .physically suited for the 'proposed " type or density of development. In Carmel Valley View, Ltd. v Board of Supervisors (1976) 58 CA3d . 817, 130 CR 249, the court upheld the disapproval of a map because the site was not physically suited for the proposed development. If the site is not suited for the proposed density of population or structures, the legislative body must disapprove the map on conditions that will reduce the density. 56 Ops Cal Atty Gen 274 (1973) . c. The design or proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish, wildlife or their habitat, or cause serious public health problems. Regarding assessment of environmental impact, see Environmental Quality Act of 1970 (Pub Res C § §21000- 21003). See also 59 Ops Cal Atty Gen 129 (1976) (Govt C §66412.2) for a discussion of the exactives that the legislative body may impose as a condition of approval. d. The design or improvements of the proposed subdi- vision will conflict with public easements for access through, or use of, property within the proposed subdivision. The legislative body may approve map if alternate public .. ".. ;_,• ...., easements will be provided. ' 2. Approval of final map that is in substantial confor- mance with the approved tentative map. Govt C §66474.1. General rule: Approval is a ministerial act, and mandatory approval is required Cif the final map complies with state and local law and conditions to the tentative map] Youngblood v Board of Supervisors (1978) 22 C3d 644, 150 CR 242; Great Western Say. & Loan Ass In v City of Los Angeles (1973) 31 CA3d 403, 107 CR 359. The final map need only conform to the general plan in effect when the tentative map is approved. 3. Are these the exclusive grounds for denial? In 62 Ops Cal Atty Gen 233 (1979) , the attorney general determined that the grounds stated in the act for disapproval of a map are the only rounds on which a . Y map p ma be disapproved. t I x. f .'FSZO 70 -- ---- -- az Gu ��� �Ztieu- �.c�.cG -4,7L JAA .>mar et Lo -040, Planning Commission Meeting Minutes 7/14/82 UNAPPROVED . � SD -1521 - Gerald Butler, Lira Drive (access from Lira Drive and emergency access to Vickery Avenue), Request for Tentative Subdivision Approval - 8 lots. Negative Declaration - SD -1522 - Gerald Butler SD -1522 -.Gerald Butler, Lira Drive and Montalvo Road, Request for Tentative Subdivision Approval - 6 lots The two above projects were discussed simultaneously. The correspondence received on the projects was noted and the issues summarized, i.e., traffic increase, water runoff, geology, tree removal, driveways and access. Discussion followed on the traffic counts in the area. The public hearing was opened at 7:55 p.m. Harry Lalor, civil engineer for the applicant, spoke in support of the projects and noted that the issues have been debated at previous public hearings. Mike Kern, from Terratech, discussed the landslides in the area. Bill Ziebron, Urban Planning Consultant, stated that he was rebresenting the Arata family and concerned citizens in the Montalvo area. He sub- mitted and read a statement addressing the traffic counts and impact and General Plan consistency. He questioned the legality of the City approving these projects since the Housing Element has not been adopted. He added that he felt the decision should be delayed on the projects until a comprehensive study can be done of cumulative impacts, especially on traffic, of the proposed subdivision and future development surround- ing the project. Discussion followed on the traffic study. It was determined that the increase by this subdivision would be 360, and the total possible maxi- mum increase with future development would be 820, based on the data base and assumptions. Leo Shortino, 15252 Montalvo Road, spoke in opposition to the extension of Lira Drive. Mrs. James Marino, 20553 Montalvo Lane, addressed the traffic and noise issues, noting that the trees are a wind and sound barrier. Howard Allen Sharek, 25220 Adams Road, spoke in favor of the projects. He commented that the people buying the homes will be older people and will not be wild drivers. He added that the applicant wishes to build beautiful homes. Margaret Dennis, Hill Avenue, addressed the traffic to Villa Montalvo and spoke against the project as proposed. Marjorie Ann Warner spoke in favor of the proposal. She stated that Planning Commission Meeting Minutes 7/14/82 SD -1521 and SD -1522 (cont.) she would like to live in one of the people who have.purchased property on expected traffic because of progress. Page 2 homes, and commented that the Montalvo Road should have John Constantine spoke in favor of the development, stating that the new homes will increase the value of the other homes in the area. Charles Aring, Hill and Mendelsohn, discussed the traffic and the accidents in the area. He asked about the slope density. Commissioner Crowther stated that directly adjacent to the higher part of this proposed subdivision is HCRD zoning, and it would have to be developed at a lower density. He questioned whether it is fair to require these people to develop at a lower density and give this particular parcel high density. He indicated that it may set a precedent which may ultimately result in neighboring properties feeling that they should be permitted to develop at the same density. He added that he feels that this area should be developed at a lower.density consistent with the hillside type of subdivision that it is. He also expressed concern that most of the parcels directly adjacent to this area are all con - siderably larger. Staff discussed the density if considered under the HCRD formula. f James Cohen, 14920 Vickery Lane, stated that any increased value to the neighborhood from the new homes would only be in dollars, and would not improve the value of the environment. Mrs. Samuel Smith, Hill Avenue, stated that she felt that the fact has to be accepted that Villa Montalvo is there and all.decisions made in that area should have that in mind. She described the beauty of the area and commented that all-.of the neighbors are united in keeping it the way it is. Jack Christian, 20230 Bonnie Brae Way, appeared to represent a con- cerned group of the Montalvo- Mendelsohn Homeowners Association. He discussed the Lira extension and commented that they feel strongly that the 1978 EIR on the 8- lot.subdivision is not adequate, primarily because of the traffic. He suggested that the whole development as a 14 -unit subdivision be reviewed and that a new EIR be prepared for the entire subdivision. He stated that the issues of the amount of concrete, water pressure, landslides, and fences for privacy also be addressed. Fred King, 15159 Montalvo Road, spoke in opposition to the proposal. Harry Lalor, civil engineer, described the area and addressed the issues of traffic and conformity with the General Plan and land use. He also addressed the issues of runoff, water pressure and access of the homes. David Smith, attorney for the applicant, gave the history of the pro- jects and referenced the economics experienced by the applicant. Commissioner King moved to close the public hearing. Commissioner Bolger seconded the motion, which was carried unanimously. - 2 - Planning Commission Page 3 Meeting Minutes 7/14/82 SD -1521 and SD -1522 (cont.) Gerald Butler, the applicant, clarified that one of the tentative maps previously approved showed Lira Drive going through to the Young property and, as a condition of the previously completed 4 -lot subdivision, he was to open up the emergency access when completing the 8 -lot subdivision now before the Commission. The density of the area was discussed. Commissioner Crowther commented that one of his major concerns is the location of the road, in addition to the issues brought up by the public. Commissioner Monia commented that the Commission should address (1) Is increasing the traffic load by the estimated percentage appropriate and (2) the whole area regarding traffic. He added that he felt traffic should be addressed primarily at this :point as to what the Commission feels is a maximum amount of vehicle trips per day for that road. Commissioner Crowther commented that the General Plan essentially states that the development density should be related to the issue of traffic, and he feels that might be a factor in setting the density. He added that one of the major reasons that there is a reluctance to move the road is that it would eliminate a lot, and if the area was at a lower density that probably would not be a. concern. He indicated that he feels that the runoff issue is related to the amount of impervious surface, which is also related to density. Commissioner Bolger stated that, after visiting the site, he feels that there would-be more than seven trees removed. He added that he feels it is is inappropriate to have the road, across the swale because of the necessary fill, and the logical place for the road would be more on the Olavarri property. He indicated that he feels that removing the grove and putting a road in a place that could potentially lead to a long term maintenance and financial problems for the City is inappro- priate. Commissioner Crowther indicated that he personally would be willing to approve SD -1522 with 5 lots, including the home already on it, with 2 lots on a cul -de -sac and 2 getting access off of Montalvo. He stated that he felt it should be a cul -de -.sac since there doesn't appear to be a good plan for extending Lira Drive. He added that he would like to see the two lots near Montalvo made larger so there is space for a turnaround. Commissioner Schaefer commented that she feels the idea of having one less lot so the lots would be larger would be very appropriate. She indicated that she would like to save the grove because of the wind currents and noise factor in that area. She explained that she feels that the extension should go through only because the City should not landlock the Young property. She added that if both proposals were reduced by one lot, she would like to see if the other problems could be mitigated, and then perhaps look at the rest of the area for the HCRD zoning. Commissioner Monia asked about the restriction of impact if a minimum access road was constructed from Lira Drive to the Young property. - 3 - Planning Commission Meeting Minutes 7/14/82 SD -1521 and SD -1522 (cont.) Page 4 Staff explained that under the standard conditions it would reduce the number of lots to 4. Discussion followed on a possible emergency access out to Lira along the route of the proposed extension, and taking access off of Vickery. It was noted that that option was closed off when Mr. Butler developed the 4 lots of the original part of the Young property. Commissioner King stated that he feels that the applicant has worked through the process of the City for many.years and has reached a state of approval, because in fact.he had received prior approval. He suggested that, as a matter of courtesy, the Commission vote on the proposed applications at this point before further discussing alterna- tives. He moved to approve SD =1521, per the amended Staff Report dated June 15, 1982. The motion failed.for lack of a second. Commissioner Monia moved to deny. SD- 1.521. He indicated that he would not move to deny without prejudice, because he feels there are some real major concerns that need to be addressed on this application, such as traffic and the number of lots. Commissioner Crowther seconded the motion, which was carried, with Commissioners King and Schaefer dissent- ing. Commissioner Schaefer commented that she feels that, with some slight alterations, the project.could be approved. The 10 -day appeal period was noted to the applicant. Commissioner Crowther moved to deny the Negative Declaration on SD -1522. Commissioner Bolger seconded the motion, which was carried, with Commissioners King and Schaefer dissenting. Commissioner Monia moved to deny SD -1522 without prejudice,, stating that he feels the basic plan as proposed is.suitable with the following modification: reduction of 1 lot, keeping it a.cul -de -sac, and keeping the 2 lots accessing onto Montalvo. He added that he feels the overall traffic plan has to be addressed. He indicated that he would like to see the Commission come up with a.formula.that is going to be acceptable not only to the Butler development, but any additional developments in the future. He stated that he feels that clear direction should be given now that the Commission is concerned about the traffic pattern. Commissioner Crowther seconded the motion, which was carried, with Commissioner King dissenting. The 10 -day appeal period was noted to the applicant. - 4 - Planning Commission Page 6 Meeting Minutes 6/23/82 g GP:1 32 -1 -E (cont.) parcel and apparently does not intend to do so. He added that the City can adopt whatever density they wish, as long as the owner is not totally deprived; they do not have to necessarily adopt the density recommended by Staff. He clarified that an Agricultural classification would be an option. The history of the park was discussed. Commissioner Crowther expressed concern regarding the setbacks from Saratoga- Sunnyvale Road, stating that he feels that the lot sizes adjacent to that road should be somewhat larger. He added that he felt this should be stated in the General Plan, rather than waiting until the site approval stage. Bob Peck, 14583 Big Basin Way, appeared, representing the applicant. He requested that the R -1- 12,500 designation be contained in the proposal. Commissioner King moved to close the public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Commissioner King moved to recommend Resolution GPA 82 -1 -E to the City Council, recommending approval of the amendment of the General Plan desig- nation from Proposed Park.-to R -1- 12,500. Commissioner King added that he would prefer to deal with the size of the lots directly adjacent to Sara- toga- Sunnyvale Road at the time of site approval, as has been previously 'done. After discussion.., Commissioner King amended his motion to include the statement that the Commission strongly urges that the lots adjacent to the Saratoga - Sunnyvale Road be considered as possibly larger lots to help mitigate noise problems. Commissioner Monia seconded the motion, which was carried unanimously. The Deputy City Attorney pointed out to the applicant that this is a recom- mendation to the City Council for an amendment to the 1974 General Plan only, should the Commission," in connection with the review of the 1982 % General Plan, decide differently. 10. SD -1521 - Gerald Butler, Lira Drive (access from Lira Drive and emergency access to Vickery Avenue), Request for Tentative Subdivision Approval - 8 lots lla.Negative Declaration - SD -1522 - Gerald Butler `.l1b.SD -1522 - ,Gerald Butler, Lira Drive and Montalvo Road, Request for Tentative Subdivision Approval - 6 lots: It was reported that the above items will be continued to the meeting of July 14, 1982 because of a requirement for a geology report. The public hearing was opened at 10:25 p.m. Harry Lalor, civil engineer, questioned the continuance on SD -1521, and Staff clarified.that the Lira Drive extension affects both applications. It was noted that there had been on--site visits. The correspondence from the neighbors and their concerns were noted. Freda Jeffs, 20500 Lomita Avenue, addressed the construction equipment use, stating that she hopes Montalvo Road will be used rather than the private lane. She also expressed concern about the emergency access gate. Staff discussed the emergency access gate construction and requirement. James Cohen, 14920 Vickery Lane, spoke in opposition to the project because of loss of environment. Donald Call, Montalvo Road and Hill, expressed concern about the access of the project of 8 lots and-the traffic increase from both projects. Commissioner Crowther requested a copy of the new map with contour lines and also asked why construction was being permitted in this area because of the ancient landslide. fie also requested an evaluation if the project - 6 - Planning Commission Page 7 `leet ing Ptinutes 6/23/82 SD -1S21 and SD -1522 (cont.) were considered under the present HCRD slope density standards. It was noted that a rezoning would be required to apply the HCRD standards. It was determined that the whole area should be studied regarding the traffic flow. It was directed that these items be continued to the meet- ing on July 14, 1982, and the applicant was requested to supply the geology as requested by the City Geologist. 12a.A -830 - S ott McGraw, Request for Design Review Approval and a Variance i 12b.V -S79 - to construct a single family dwelling on a hillside lot off Ten Ac es Road in the R -1- 40,000 zoning district which will maintain a SN ft. rear yard setback where 60 ft. is required Staff describ d the proposal, stating that they cannot make the findings for the varian a and are recommending denial and approval of the design review subject o the relocation of the nonconforming portion of the structure. The public hearin was opened at 10:50 p.m. Maurice Camargo, r resenting the owner, gave a presentation on the project. There was a consensu that`.the findings could not be made for the variance and the home could be designed within the ordinances. Commissioner King moved to close the public hearing. Commissioner Monia seconded the motion, whi h was carried unanimously. ti Commissioner Schaefer com ented that this is an uniquely interesting 1 ;j designed home, and noted t at all of the trees were to be saved. Commissioner Monia moved to deny V -579 without prejudice, to allow the applicant to come back with a revised design review plan that would -..._ conform to the ordinances, ommissioner Crowther seconded the motion, which was carried, with Comm ssioner Schaefer dissenting. It was directed that A -830 will be continued o July 14, 1982. 13. V -580 - Robert Sprague, Reques for Variance Approval to construct a garage addition which ill maintain a 21 ft. front yard setback where 25 ft. is require at 13755 Calle Tacuba in the R -1- 10,000 zoning district The proposed addition was descri ed by.,Staff, who stated that they were unable to make all of the finding and were recommending denial. The public hearing was opened at 1 :08 p.m. Lynn Sprague, the applicant, gave a presentation on the addition, stating that only one corner of the garage w uld be within the setback. She noted that the neighbors are in favo of the proposal, and there are other similar garage additions in th•e neigh orhood. Commissioner King moved to close the D blic hearing. seconded the motion, which was carried unanimously. Commissioner Monia Commissioner King moved to approve V -58 making the findings. He added that the finding can be made that there s a physical hardship with the site. Commissioner Crowther seconded th motion, which was carried unani- mougly. MISCGLLANF.OUS 14. A -780 - Jackson /Woods, 12300 Saratoga -Sunn vale Road, Request for Modifi- cation to Design Review A roval The request for modification was explained y Staff. Warren Jacobsen, representing the developers clarified that they have located the 113AC unit in back, which is a co ling tower enclosed in a masonr'. .gall area. Ile also noted that the se and story windows in the structure will be removed. Bill Benevento, Kirkdale Drive, noted his acce tance of the conditions 7 - REPORT TO PLANNING COMMISSION AMENDED .�/ `�a EXHIBIT "A" i� DATE: 6/15/82 Commission Meeting: 6/23/82 SUBJECT: SD -1521 - Gerald Butler, Lira Drive, Tentative Subdivision Approval - 8 Lots (Formerly SD- 1418& 1358) ---------------------------------------------------------------------------- REQUEST: Grant of Tentative Subdivision Approval for 8 lots on a hillside parcel located between Vickery Ave. and an extension of Lira Drive (off of Montalvo). ENVIRONMENTAL ASSESSMENT: Categorical Exemption - Final EIR previously certified .by Planning Commission on October 25, 1978 as adequate. PUBLIC NOTICING: Noticed by posting on site, advertising in newspaper and mailings to property owners within 500'. GENERAL PLAN DESIGNATION: Very low density residential. ZONING: R -1- 40,000 SURROUNDING LAND USES: Single family residential, Sisters of Notre Dame to the west, Toyon Lodge to the northeast and San Jose Water Works tanks to the east. SITE SIZE: 12 Acres SITE SLOPE: 24% PROJECT DESCRIPTION: The applicant is requesting Tentative Subdivision Approval for 8 lots on a 12 acre parcel south of Vickery Avenue and east of Montalvo Road on the Lira Drive extension in the R -1- 40,000 zoning district. The site is a portion of the former Young property. An EIR was certified for the 13 lot development originally proposed on the Young site (SD- 1358). A later subdivision approval, SD -1418, unitized the site. The first unit of 4 lots has been constructed. The approval for the second unit has expired and the applicant is now requesting approval for the same map. The City Geologist has reviewed the geotechnical report submitted on the site and recommended that the Commission grant tentative approval with conditions to the site. Report to Planning Commis /sion 6/16/82 SD -1521 - Gerald Butler Page 2 The proposed lots range from .92 to 2.8 acres in size with the required depths, widths and frontages. The average slope of the property equals 24% which allows 7.9, rounded up to 8 lots on the site per the Hillside Subdivision Ordinance and R -1- 40,000 zoning. Access for the subdivision is proposed to be via an extension of Lira Drive(a 50' and a 40' wide right -of -way with 26' of improvements) from Montalvo Road. Originally Lira Drive was conditioned for a 50' right -of -way which is not necessary for the present required width. The developer is conditioned to dedicate and improve Lira Drive to Montalvo. An emergency access road to Vickery is proposed to be provided through the San Jose Water Works and Olavarri lands via the existing roadway to Lira Drive. In approving this map, the Planning Commission will also be granting a design exception to the maximum cul -de -sac length of 400'. The proposed subdivision roadway will remove 7 eucalyptus trees on the Water Works property border. Any further tree removals due to house placement will be subject to Design Review Approval. Scenic easements are proposed on the hillside area of Lots 6 and 7. STATUS: The Environmental Impact Report was certified by the Planning Commission on October 25, 1978 as adequate. A Notice of Determination will be filed with the County of Santa Clara-Recorder's Office when this project is approved. FINDINGS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga, except as delineated above and `approved by Planning Commission. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. The Planning Commission is responsible for making the necessary findings according to Section 21081 of the California Environmental Quality Act. The Commission must make one or more of the following findings with Exhibit "D ", in addition to previous findings. (a) Changes or alternatives have been:required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. (b) Such changes or alternatives are within the responsibility and jurisdiction of another public agency and such changes have been adopted thereof as identified in the completed environmental impact report. (c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. The Staff Report Ire commends approval of the tentative map for SD -1521 (Exh. "B -2" filed 6/21/82) subject to the following conditions:,. I. SPECIFIC CONDITIONS - DEPT. OF COMMUNITY DEVELOPMENT A. Comply with Standard Engineering Conditions dated 4/11/77. Report to Planning Commission 6/16/82 SD -1521 - Gerald Butler Page 3 I. SPECIFIC CONDITIONS - DEPARTMENT OF COMMUNITY DEVELOPMENT, cont'd. B. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. C. Submit Map to City for checking and recordation (Pay required Checking & Recordation Fees). D. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. Half- Street on Lira Dr. from Montalvo to Tract boundary. E. Submit "Irrevocable Offer,,of Dedication" to provide 20 ft. half- street for streets within tract. F. Improve Lira Dr. and all interior streets to City Standards, including the following: 1. Designed Structural Section 13 ft. centerline and flowline. 2. P.C. Concrete Curb and Gutter (R -36) 3 Undergrounding Existing Overhead Utilities. G. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, including the following: 1. Storm Sewer Trunks with necessary manholes. 1 2. Storm sewer Laterals with necessary manholes. 3. Storm Drain Inlets, Outlets, Channels, etc. H. Construct Emergency Access Road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from Lira Dr. throuah lands of S.J.W.W. to Vickery Ave. gated at both ends. Slope of access road shall not exceed 122% without adhering to the following: 1. Access roads having slopes between 122% and 15% shall be surfaced using 22 in. Asphalt Concrete on 6 in. Aggregate Base. 2. Access roads having slopes between 15% and 172% shall be surfaced using 4 in. of P.C. Concrete rough surfaced using 4 in. Aggregate Base. Slopes in excess of 15% shall not exceed 50 ft. in length. 3. Access roads having slope in excess of 172% are not permitted. Note: oThe minimum inside curve radius shall be 42 ft. oThe minimum vertical clearance above road surface shall be 15 ft. °Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. °Storm Runoff shall be controlled through the use of culverts and roadside ditches. I. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better.on 6 in. aggregate base within 100 ft. of proposed dwelling. I' Report to Planning Commission 6/16/82 SD -1521 - Gerald Butler Page 4 J. Construct Standard Driveway Approach. K. Watercourses must be kept free of obstacles which will change, retard or prevent flow. L. Protective Planting required on roadside cuts and fills. M. Obtain Encroachment Permit from the Dept. of Community Development for driveway approaches or pipe crossings of City Street. N. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction 3: Access Road Construction 0. Pay Plan Check and Inspection Fees as determined from Improvement Plans: P. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. Q. Post bond to guarantee completion of the required improvements. II. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical report required prior to final approval. Applicant's geotechnical consultant should speak to all matters that may be affected by or have affect on the proposed development. B. Applicant's geotechnical consultant shall review all site, pool, grading, drainage and foundation plans for the site and provide a written statement to the City certifying he has done such a review, and that the plan in question is consistent with the recommendations of his report. Building permits will not be issued until this statement is received. C. A grading plan for each lot shall be submitted and approved prior to building permit at time of Design Review. (This plan to be prepared by a licensed engineer). This plan is to be accurate to within + 0.5 foot and be of such scale and contain detail as to allow accurate determination of slopes, cut and fill quantities and limits of grading /excavation. Cross - sections and calculations shall be submitted as appropriate. All grading shall be in accordance with City grading ordinance and the applicable geotechnical report. All grading is to be contoured. D. All slopes either stripped during or created by construction shall be treated adequately for erosion control. The grading plan shall contain details of how this is to be accomplisehd. This work shall be completed prior to final inspection /certificate of occupancy. No cuts and fills are to be undertaken or left open at a time of year subject to signi- ficant rainfall. Erosion control measures shall be installed when rainy Report to Planning Commission.` 6/16/82 SD -1521, Gerald Butler Page 5 season or occupancy occurs, whichever comes first. Earthmoving equipment to be fitted with noise reducing mufflers. E. All engineering structures /components, foundations and retaining walls over 3 feet in face height shall be designed by a registered civil engineer. F. All structural fill shall be keyed into side slopes, placed on stable existing ground stripped of all organic /deleterious material, and compacted to a minimum 90% relative compaction. Non - structural fills shall be likewise placed except to a minimum 85% relative compaction. G. A drainage plan for each lot shall be submitted and approved prior to building permits. This plan should address all potential runoff reaching, created by and leaving the site (including water from paved and roof areas). Plan shall show method of collecting, carrying and disposing of all such water. Water shall not be directed onto adjacent private property without proper authority (existing natural water - course, private storm drain easement, etc.). Consi- deration is to be given to subsurface water and drainage therefore provided. H. The applicant's geotechnical consultant is to observe construction sufficiently to validate his report and to insure its recommendations are followed. A letter stipulating this is required prior to final inspection of any structures. III. SPECIFIC CONDITIONS- SANTA CLARA COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer to be provided and fees paid prior to Final Approval in accordance with requirements of Sanitation District No. 4 as outlined in letter dated June 4, 1982. IV. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Property is located in a potentially- hazardous fire area. Prior to issuance of building permit, remove combustive vegetation as specified. Fire retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ordinance 38.58 and Uniform Fire Code, Appendix E). B. Construct driveway 14 -feet minimum width, plus one -foot shoulders using double seal coat oil and screening or better on 6 -inch aggregate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 122% without adhering to the following: 1. Driveways having slopes between 122% to 15% shall be surfaced using 22" of A.C. on 6 -inch aggregate base. 2. Driveways having slopes between 15% to 172% shall be surfaced using 4" of P.C.C..concrete rough surfaced on 4 -inch aggregate base and shall not exceed 50 feet in length. Report to Planning Commission 6/16/82 SD -1521, Gerald Butler Page 6 3. Driveways with greater slopes or longer length will not be accepted. C. Construct a turnaround at proposed dwelling sites having a 32 foot inside radius. Other approved type turnarounds must meet require- ments of the Fire Chief. Details shall be shown on building plans. D. Driveway shall have a minimum inside curve radius of 42 feet. E. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by the Fire Chief. Details shall be shown on building plans. F. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. G. Fire hydrants in all hazardous fire areas as designed pursuant to Section 6 -2.42 of the Saratoga City Code shall be located so that no part of any residential structure shall be further than five hundred feet from at least one hydrant and the fire protection system shall be so designed and charged with water under pressure so that each hydrant for residential fire protection shall deliver no less than 1,000 gpm of water. Water storage or other availa- bility shall be such that for any one hydrant of the system, the 1,000 gpm minimum shall be maintained for a sustained period of two hours (Ordinance No. 60.4). 1 H. Provide 15 -foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. I. Developer to install two (2).hydrants.that meet Saratoga Fire District's specifications. Hydrant to be installed and accepted prior to issuance of building permits. J. All bridges and roadways shall be designed to sustain 35,000 lbs. dynamic loading. K. Emergency gate at Lira Drive and Olavarri driveway must have a security system with a lock box. Plans to be approved by Fire District prior to Final Approval. V. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Santa Clara County Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said dis- trict to assure completion of sewers.as planned. B. Domestic water to be provided by San Jose Water Works. Report to Planning Commission 6/16/82 SD -1521, Gerald Butler Page 7 C. Existing septic tanks are to be pumped and backfilled. A $400.00 bond is to be posted with the City of Saratoga to insure completion of work. D. Any wells located on the property must be properly sealed and aban- doned. VI. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on structures and on -site lighting prior to issuance of permits. Individual house design to be evaluated on the basis of compatibility with the physical environment and com- pliance with the Site Development Plan and potential for solar accessi- bility. Complete plans for all on -site grading to be included in evalu- ation. All grading to be contoured so as to form smooth transitions. All grading to-be smooth transitions between natural and man -made slopes. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision site. B. Design Review Approval required on the emergency access road and barrier prior to Final Subdivision Approval. C. Prior to final approval, submit CC &R's which include: 1. "Recreational courts are allowed only through Use Permits granted by the City of Saratoga." 2. "Residences require Design Review Approval. Individual house design to be evaluated on the basis of compatibility with the physical environment and compliance with Site Development Plan. Complete plans for all on -site grading and lighting to be included in evaluation. All grading to be .contoured so as to form smooth transitions. All grading to be smooth between natural and man -made slopes." *3. Scenic easement restrictions shall be shown on the approved Final Map. 4. Mitigation Measures as stated in Exhibit "D ". *D. Enter into Scenic Easement Agreement with the City for the scenic easements prior to Final Map Approval. Neither the CC &R's nor the Scenic Easement Agreement are to be amended without the written consent of the City of Saratoga and they are to be enforceable by the City. E. Any modifications to the Site Development Plan shall be subject to Planning Commission Approval. Report to Planning Commission 6/16/82 SD -1521, Gerald Butler Page 8 F. Tree removal on lots subject to Design Review with residences. Trees near grading area to be fenced for protection during grading. *G. Scenic easements to be shown on Final Map per the following written statement: We hereby reserve an easement for the use and benefit of property owners of the tract for permanent open space on and over those certain areas designed as "Scenic Easement" on the written map, which are to be kept open and free from building and structures and other improvements (including ornamental landscaping, fencing and decks), but subject to the rights, limitations, powers and obligations as set forth on that certain Scenic Easement Agreement dated and which is being recorded concurrently herewith. Public access is not implied or intended. H. If any.evidence of potential archeological significance is found during site grading operation, the work shall be halted until the significance of the finding can be evaluated by a qualified archeo- logist. I. House design shall incorporate energy conserving features including active /or passive solar design techniques. J. Widening of remaining sections of Montalvo Road between Lira Drive and Saratoga /Los Gatos Road to minimum standard 26 feet. Approved: Kathy Kerd Associate Planner KK /dsc P.C. Agenda 6/23/82 April 11, 1977 CITY OF SARATOGA STANDARD ENGINEERING CONDITIONS FOR SUBDIVISIONS 1. Complete improvement plans and specifications prepared by a profes- sional engineer to be submitted and approved by the City Engineer before recording of the final map. The street improvements shall consist of concrete vertical curbs, gutters, driveway approaches, 22 inches minimum of plant mix on local streets, 4 inches minimum on major collectors and a minimum of 6 inches of base material. Additional section required as determined from soil tests, or as specified by the City Engineer. 2. Design of the geometric sections and other construction of all proposed and existing streets shall conform to the prevailing standards of the Department of Public Works for street construction, driveway design, lot grading, etc. 3. Submit lot grading plan for approval by the City Engineer, Planning Director, and Chief Building Official. This plan must be approved prior to approval of the final map. Not cuts or fill permitted on ` lots along boundaries adjacent to existing developments unless specifically approved on the grading.plan to.provide for adequate storm drainage. 4. Submit evidence that all lots'can be positively drained. 5. Provide two foot for title reservations, PUEs and relocate exist- ing public and private utilities, as required by the City Engineer. 6. Public Utility and /or Public Service easements to be included at the rear of the lots on the final map or as required by the City Engineer. 7. Abandon all existing easements and rights -of -way as required by the City Engineer. 8. Provide positive storm water, 'disposal including rights -of -way, sewers, channels and appurtenarices as required by the City Engineer. 9. Watercourses shall be dedicated and improved as required by the Flood Control District. The design of such improvements and all structures affecting the watercourse or Flood Control rights -of -way must be approved by the District. Deeds to the Flood Control District must be prepared on District forms and submitted and accepted by the District Board prior'to recording the final map - 10. Pay Storm Drainage Fee as required by Ordinance in effect at time of recording of final map. 11. Provide fire hydrants as required by the Fire District. 12. Final map not to be recorded until a) adequate sanitary sewer bond is posted b) plans and specifications for sanitary sewers are approved by appropriate District, or another means of sewage disposal has been approved. 13. Existing wells to be sealed to the satisfaction of the Health Depart- ment prior to recording of final map. 7 STANDARD ENCINLERING CONDITIONS FOR SUBDIVISIONS - Continued 14. No occup sanitary approved 15. Existing means of ancy of otherwise completed houses permitted until a) usable sewage disposal system is available b) public water system by Health Department is available. dwellings to be connected to sanitary sewer or other approved sewage. 16. Septic tank systems to be pumped and filled as required by the Health Department. 17. Comply with all other reasonable requirements of Health Department, and Flood Control District. 18. Comply with all applicable Ordinances'of the City of Saratoga. 1�. Street names to be chosen from recommended list of Street -Name Committee. 20. Variety, type, and number of trees planted on each lot or street right -of -way to be selected from recommended tree list established by resolution of the Planning Commission and in accord with Ordinance 60, Table III. 21; All utilities shall be underground. 22. File with City Clerk a certified copy of proposed Deed Restrictions for this subdivision. 23. No grading permitted prior to issuance of Grading and Excavation Permit by City. 24. Submit preliminary Soil Report before final approval. 25. Pay Park and Recreation Fee or otherwise comply with alternatives in accord with Ordinance 60, Section 13.8. 26. Provide pedestrian walkways as required by the Director of Public Works. 27. Comply with reasonable requirements of applicable Fire District. 28. Tree removal is prohibited unless in accord with ordinances. 29. Enter into a Landscape Maintenance Agreement and provide Performance Bond to insure continued maintenance of all public and private com- mon landscaped areas. - 2 - ti lice rinnniug Cot:-mission is responsible for n:. -ikin,, the necossary findings according to Section 2 108 1 of the California Environmental Quality Act. the Conznission must imake one or more of the following findings (a) Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the s,Enificant environmental effects thereof as identified in the completed environmental impact report. Remove all organic materials from building sites. perform grading and compaction operations as recommended in the above mentioned report. Perform utility trench excavation and backfill as recommended in the above mentioned report. Utilize pier and grade beam foundations for residences as recommended in the above mentioned report, with special consideration given to residences on hots 11 and 13 where expansive soils exist. • Construct concrete slabs on grade, retaining walls, and roadways as recommended in the above mentioned report. • Grading should be designed to prevent ponding and to direct surface water away from building foundations, slabs, edges of pavements, tops of slopes, and toward suitable collection and discharge facilities. No grading or drainage is shown on the Tentative 1-lap, although proposed slopes are indicated on the roadway, on driveways, and on building site areas. The following mitigations (not included in the Geologic Report) are added to insure protection against possible erosion or grading problems. • All excavation and grading should comply with the Grading Ordinance, particularly the requirements set forth in Section 3- 40.14, "Grading Criteria." • Grading should be limited to areas under or immediately adjacent to roadways, driveways, or houses. Slopes should not exceed 2:1 in steepness. • Surface runoff from roofs and driveways should be dispersed in several directions so as to avoid concentration at one point. Grading around houses should employ swales to divert runoff. • Discharge from existing springs should be directed to swales or storm drains. Roadways and houses should not be located near springs or areas with excessive groundwater. All disturbed areas not otherwise covered should be replanted vithin it reasonable time ti.-ith suitable ground cover. Perforated pine foundation drains should be placed Behind 111 retaining walls, and on the uphill side of all below grade building %IalJ.:;. Conservation of water resources, e.g., install low -flow toilets, shewoncpad, and tams, to reduce gallons /per day/ per unit by 25 percent. Conservation of water resources, by installing low -flow toilets, showerheads arid taps. All those listed on thti Saratoga Fire Department Building Site .Approval Checks List for the proposed project (File No. SDR 1353), including the installation of 3 hydrants. (See appendix.) Design and approval of adequate turnaround for Lot 5. review of final site plan by representative of 5aratoga.Fire Department. Roads, driveways and dwellings should be designed to minimize cut and fill. Trees 12" diameter and over should be preserved,where possible. Building materials and colors should be chosen that are compatible with the natural landscape. Completion of Lira Drive. Installation of a stop sign on Lira Drive at Montalvo Road. Improvement of Vickery Avenue and bridge south of Lomita # Avenue to meet minimum standards of 2 lane, 18 foot wide pavement. Should archaeological remains ever be encountered `i during construction, sugh activities in the general vicinity of the find should be halted,.and a member of a representative Native American Organization, and a qualified archaeologist.should be consulted. Trees maintaining the canopy along the stream corridor should be protected. This may require a different lot pat. tern and shifting some building sites. See page.43, Alternatives 1) and 2). Restrict alteration of habitat along the stream bed. Previous mitigating measures regarding landscaping and Oaks, as well as soil conservation on slopes also apply. AlI existing Oaks should be protected and preserved. The area under the tree canopy should be prot :cacted from corn - paction, grading, surfacing, or other disturbance. Ail exi -Stinq trees .should be protected from damage during con- struction operations. See Page 48, Altc,Vn;.,t.i.ves 3) and 4) . utivc anu avala ulsUirbanco to. tl;c rip.uion woo(Iland. All disturbed arean not othctwise covered should bi rr.plantr•A. preferably with native plant materials. Widening of remaining sections of Montalvo Road to mini- mum standard of 26 feet. Redesign Lot 12 with the building site area on the lower por- tion of the lot. (c) S)wclfic econ,nalc, social, or other eonsideratiuua make infeasible Lite mitiratlon mea::urca or project nitcrnatives identified in Lite envirutimcntal Impact report. Use quieter than normal or "new technology" equipment. Operate fewer pieces of equipment at a time. Schedule noisy construction operations for the daytime hours to avoid the more sensitive early morning and evening hours. To minimize disruption of adjacent school activities, schedules should be coordinated between the project and the school. Ornamental landscaping, especially lawns and high water use plants should be restricted from areas around Oaks, specif- ically from the area within the tree's drip line. Utilize low water demand plants in landscaping schemes where possible. Encourage the possible use of drought resistant natives to compliment the Oak Woodland setting. Soil conservation measures should be instituted, including erosion control planting in. all disturbed areas and partic- ularly on steep slopes. Utilize drought resistant plants and drip irrigation in landscaped areas to reduce comsumpti.on. Construction of Lira Drive should include informal, preferably native, landscaping. Insulate exterior walls and ceilings, and use thermal glass in windows. Design individual residences with largest amount of glass on south, cast, or west walls.' Utilize landscaping to screen surf during summer afternoons, and to screen prevailing (westerly) winter winds. In split or multi -level homes locate windows so as to utilize natural air circulation (cool air rises) for summer cooling. Maximize water conservation in design of plumbing system;: (so as to decrease need for water heating.) Utilize solar hot water heating where feasible, particularly for swimming pools. =:sue CO`AMISSION MlN11` :­z OF 7..23 -77 ,, l0 A. SDR -1271 - i)a niel Stuart - Cont'd Commissioner Mar,hall moved, seconded by Commissioner Martin, that the Planning Conuais- sion grai,t tentative building site approval to application SDR -1271 per Exhibit "A" filed October 7, 1976 and subject to the Staff Report crated February 22, 1977, as amended. The motion was carried unanimously. B. SD -1293 - Osterlund Enterprises, Allendale Avenue, Tentative Subdivision Approval - 26 Lots A brief status report was given relative to this application. Note was made that the applicant had submitted an alternative plan (Alternative B) to Staff in response to com- ments made by the Subdivision Coru :iittee at its meeting of February 22, 1977. Specifi- cally, Alternative B.proposed a cul -de -sac located west of Chester Avenue, breaking to the right in an easterly direction. Also, this proposal reflected only one drivea:ay accessing onto Allendale Avenue. At this point Chairman Belanger directed that appli- cation SD -1293 be continued to the Planning Commission meeting of March 9, 1977, and referred same to the Subdivision Committee and Staff for further review and report. SD -1296 - Gerald Butler, Mor.talvo Road, Tentative Subdivision Approval - 7 Lots Staff recommended this matter be continued pending resolution of access problems. Chairman Belanger directed that application SD -1296 be continued to the Planning Commis- sion meeting of March 9, 1977, and referred this matter to the Subdivision Committee and Staff. for further review and report. IV. PUBLIC HEARINGS A. UP -318 - Grand Lodge of the Independent Order of Odd Fellows (IOOF), 14500 Fruitvale Avenue, Review of Final Environmental Impact Report (E -4) on Request for Use Permit in Accordance with the Provisions of Article 16 of Zoning Ordinance NS -3 to Allow for the Expansion of the IOOF Lodge to Provide for 150 Units of Senior Citizen Housing; Continued from, January 26, 1977 Note was made that the FIR consultant had prepared an addendum to the Draft FIR in response to comments and questions raised at the Planning Coro ission meeting of January 26, 1977. Staff recommended that the Commission certify said Draft and addendum as being complete. Chairman Belanger reopened the public hearing on F. -4 at 7:55 p.m. As there were no comments, Commissioner Marshall moved, seconnded by Comnissioner Martin, that the public hearing on E -4 be closed. The motion was..carried unanimously, and the public hearing was closed at 7:56 p.m. As there were no further comments, Commissioner Marshnll moved, seconded by Commissioner Laden, that the Planning Conuaission make the finding that the Draft EIR and its addendum be certified as complete. The motion was carried unanimously. Chairman Belanger directed that application UP -318 be continued to the Planning Commis- sion meeting of March 9, 1977, and referred this matter to the Subdivision Committee and Staff for further review and report. B. V -462 - 'Jan Apker for Saratoga Oaks Homeowners Associatian, 1022 IV. Redding, San Jose, Request for X'ari.ance to Allow an Increase in the Height Limitation for a Television Reception Antenna Tower to be Located North of Stoneridge Drive in "R- 1- 40,000" (Very Low Density, Single- Family Resie..ence) one from 55 Feet to 100 Feet (Zo -ning Ordinance NS -3, Section 14.9); C ?ntinued from Jan. 26, 1977 Chairman Belanger reopened the public hearing on V -462 at 7:59 p.m. Note was made of the following items of correspondence rezeived on this matter: (1) Letter dated February 23, 1977 from Henry I. Smith, 21029 Band: Mill Lane, expres- sing the opinion that a 75 -SO' high antenna system would provide. the desired reception. (2) Letter dated February 23, 1977 from Phil Jacklin, 14436 Esterlee Drive, objecting to the variance. �O CONr•1ISSTON; ri!a TF.S (':, 3- -f) -77 III. SD -1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots; Con- tinued from February 23, 1977 Note was made that a letter granting an extension of this matter had been received. Chairman Belanger directed that application SD -1296 be continued to the Planning Commis- sion meeting of March 23, 1977, and referred this matter to the Subdivision Committee for further review and report. IV. PUBLIC HEARINGS A. UP -318 - Grand Lodge of the Independent Order of Odd Fellows (IOOF), 14500 F•'ruitvale Avenue, Request for Use Permit in Accordance with the Provisions of Article 16 of Zoning Ordinance NS-3 to Allow for the Expansion of the IOOF Lodge to Pro- vide for 150 Units of-Senior Citizen Housing; Continued from February 23, 1977 Note was made that a Staff Report had been prepared recommending approval of this appli- cation. It was also noted that this matter would be required to receive final Design Review Approval, as well as building site approval. Additionally, the Secretary re -. minded the Commission that if a conditional use permit were granted, the Commissicn at any time in the future had the power to reopen this matter for further consideration. Chairman Belanger reopened the public hearing on UP -318 at 7:55 p.m. • Clark Bassett, 19401 Crisp Avenue, requested that the residents in the area be notified of any future hearings on this matter. Although it was noted that future review of this matter would not require public hearin .es, Chairman Belanger requested Staff to notify Mr. Bassett of Design Review and Subdivision Committee meetings held to review this project. • Commissioner. Marshall recommended that the second sentence under Condition (F) be modified as follows: "Should the City in the future determine that the planned and improved parking facilities are inadequate to service the project needs, the appli- cant shall be required to improve, within a reasonable period, the reserve parking area." • Commissioner Callon asked whether the Staff in its report had considered the Senior Citizen Housing Task Force Report in. its review of this project. The Secretary noted that the project's density and other similar criteria had been considered, and had been found consistent with the Task Force Report. She also asked if mitigation measures recommended in the EIR had been pursued. The Secretary noted that the EIR had recommended that the grading plans be reviewed by the Subdivision Committee, and Chairman Marshall pointed out that the tentative map _ubmitted by the applicant had reflected the location of trees recommendeyd for preservation by the EIR. Additionally Commissioner Callon asked how the senior citizen preference list would be handled, and Staff explained that this would be resolved through the Commission at a later date. At this time, Commissioner Marshall moved, seconded by Ccm,-.9issioner Lustig, that the public hearing on UP -318 be closed. The motion was carried unanimously. Commissioner Marshall moved, seconded by Commissioner "•tars.in, that the Planning Commis- sion grant approval to UP -318 per Exhibit "A -1" and the Staff Report dated February 28, 1977, as amended. The motion was carried unanimously. B. V -463 - Li Chi and Shou -Ui Hsu, 13442 Holiday Court, Reqtrrst for Variance to Allow a 15 -Foot Frontyard Setbacl: in Lieu of the Required 25 -Foot Setback for Residence to be Constructed on Canyon View Drive (Ordinance N'S-3, Section 3.7 -1); Con- tinued from February 23. 1977 Chairman Belanger reopened the public hearing on V -463 at 8:12 p.m., noting that this matter was recommended by Staff to be continued. • Mr. Raines, Canyon View Drive and adjacent neighbor, vas present and reiterated his opposition to this variance. e Note was made that this matter was recommended to be csentinued in order to allow additional time for the applicant and his adjacent neighbor, Mr. Picard, to resolve -3- CITY OF SARATOGA PLANNING CO�IDIISSION MINUTES DATE: Wednesday, March 23, 1977 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 'TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Cal n, Laden, Lustig, Williams a ambett' Absent: Commissioner Marshal B. MINUTES Comm issioner Callon moved, seconded by Commissioner Zambetti, that the reading of the Planning Commission meeting minutes of March 9, 1977 be waived, and that they be approved as distributed to the Commission. The motion was carried; Commissioner Lustig abstained. C. WELCOME TO NEW COMMISSIONER Chairman Belanger welcomed Shelley Williams as the new member of the Planning Commis- sion. She informed those present that Mr. Williams had been a resident of the City for 18 years, and was a local realtor. Additionally, she pointed out that he held a degree in education from the University of South Carolina, as well as a master's degree in education from Stanford University. She made note of the following community activities with which Mr. Williams was associated: member of the General Plan Committee of 1974 1 and 1975; member of the Los Gatos - Saratoga Board of Realtors; member of the Westbrook Homeowners Association; member of the Redwood School Advisory Committee; and member of the 1975 Friends of the Library Financial Committee. Chairman Belanger noted that Mr. Williams has expressed a desire to maintain the rural character of the community and to make Saratoga a better place in which to live; additionally, she noted his keen interest in senior citizen housing. II. CONSENT CALENDAR A. Composition of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission approve the Consent Calendar of March 23, 1977. As note was made that a member of the audience wished to address the Commission on item A -559 of the Consent Calendar, Commissioners Lustig and Laden withdrew their motion. Commissioner Callon moved, seconded by Commissioner Laden,.that Item B -1 (A -559) be removed from approval of the Consent Calendar. The motion was carried unanimously. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commis- sion grant approval to the following applications:, 1. Design Review A -560 - James W. Day Construction Company, Taos Drive, Final Design Review Approval 1 Lot (SDR -1164) - Per Exhibit "A" and the Staff Report dated March 18,1977 A -563 - James W. Day Construction Company, Chester Avenue, Final Design Review Approval - 2 Lots (Tract X5923) - Per Exhibits "A" and "B" and the Staff Report dated March 18, 1977 The motion was carried unanimously. 0 II. CONSENT CALENDAR - Cont'd Discussion followed on application A -559 - Iacomini Construction Company, Carnelian Glen Court, Final Design Review Approval for 1 Lot in Tract #5575. Mr. Terry Rose explained that lie was the owner of a lot 2 houses from this site. lie pointed out that when he pur- chased this site from Dividend.Industries, he was assured that residents in this subdivi- sion would have the opportunity to review plans of new homes within the subdivision. lie pointed out that he had not been notified that these plans were being reviewed by the City, and lie objected to the design of the residence or. the basis that it was not in keeping with the character of the neighborhood. He requested that this matter be continued to allow him an opportunity to further review the plans. It was explained that the Planning Commission did not have the authority to enforce private agreements for subdivision architectural review. The point was made that the Design Review Committee had reviewed and endorsed these plans on the basis of City design review criteria. The City Attorney advised Mr. Rose that if this plan was found to be unacceptable by the homeowner's architectural review.committee, the committee could seek an injunction against i the property owner to prohibit building.. Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commission k grant final design review approval to application A -5S9 per Exhibits "A" and "B" and the 7 Staff Report dated March 18, 1977. The motion was carried unanimously. III. TENTATIVE SUBDIVISIONS 3.�.3. ?? IV A. SD -129 - Osterlund Enterprises, Allendale Avenue, Tentative Subdivision Approval - 26 Lots; Continued from March 9, 1977 Although it was pointed out that a Staff Report had been prepared on this application, Staff suggested that this be continued. It was noted that the rezoning request by the applicant relative to a portion of this site had not as yet been approved by the City Council, and Staff expressed the opinion that continuance of this item would not cause an additional delay to the applicant inasmuch as the rezoning would not go into effect until 30 days after Council approvai.'. Jim Harper, representative of.the applicant, requested that action be taken on this matter this evening. Additionally, with regards to Condition VIII -A(1) of the Staff Report, lie asked whether it was the City's intent to require landscaping and irrigation within the required emergency access road easement. Staff explained that it was the intent of the City to have landscaping surrounding this easement, allowing enough space for emergency vehicles. Staff suggested that this condition not be altered, but rather, be interpreted as part of improvements for private lots abutting this easement at the time of individual design review approval. Because the rezoning matter relative to this subdivision had not been approved by the City Council, it was the consensus of the Planning Commission to continue application. SD -1293 to the Planning Commission meeting of April 13, 1977. OB. SD -1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots; Continued from March 9, •.1977 Staff requested that this matter be continued pending further review. Chairman Belanger directed that application SD -1296 be continued to the Planning Commission meeting of April 7, 1977, and referred this matter to the Subdivision Committee for further review. PUBLIC BEARINGS A. V -463 - Li Chi and Shou -Yi Hsu, 13442 Holiday Court, Request for Variance to Allow a 15 -Foot Frontyard Setback in Lieu of the Required 25 -Foot Setback for Residence - to be Constructed on Canyon View Drive (Ordinance NS -3, Section 3.7 -1); Con - tinued from March 9, 1977 Chairman Belanger reopened the public hearing on V -463 at 8:05 p.m. As there were no comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, that the public . hearing on V -463 be closed. The motion,was carried unanimously, and the public hearing .was closed at 8:06 p.m. -2- III. A. SD -1293 - Osterlund Enterprises - Cont'd After Conditions II -G and VII -A were clarified for Mr. Jim Harper, representative of the applicant, Commissioner �Larshall moved, seconded by Commissioner Lustig, that the Planning Commission grant tentative subdivision approval to application SD -1293 per Exhibit "A -3" and the Staff Report dated March 23, 1977. The motion was carried unanimously. SD -1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots; Continued from March 23. 1977 As Staff requested this matter be continued pending further review, Chairman Belanger 77 directed that SD -1296 be continued to the Planning Commission meeting of April 27, 1977. C. SD -1302 - Clayton Thomas, Allendale Avenue /Chester Avenue, Subdivision Approval- 5 Lots As Staff requested this matter be 'continued pending further review, Chairman Belanger directed that SD -1302 be continued to the Planning Commission meeting of April 27, 1977. IV. PUBLIC HEARINGS A. .GP -77.1 - City of Saratoga, 1974 General Plan Amendment of Slope Conservation Zone to Include that 35 -Acre Parcel Generally Located between Bohlman Road and Norton Road (APN 517- 013 -013) Staff explained that a Staff Report had been prepared supporting the adjacent citi- zens' request that this area be included in the General Plan's Slope Conservation Zone. in order that development of this site would comply with HCRD standards. It was noted that in order to have this site placed in such zoning, the General Plan must be amended extending the Slope Conservation Zone and the Zoning Ordinance must be amended to com- ply with the General Plan. Staff explained that this property was geographically divided into 3 areas and that it had consistenly been zoned as R -1- 40,000. However, in the 1974 General Plan the entire site was designated C -S, Community Services because it was part of the Sisters.,of Notre Dame property. Additionally, it was noted that this site was included in the County Bohlman Road Study Area. Staff further noted that there u-as presently before the Land Development Committee an appli- cation for a single lot development of this 35 -acre site. It was pointed out that al- though the site had a potential development of�5 -7 sites, the cost of improvements for water, sewer and roads would preclude such an extensive development. Chairman Belanger opened the public hearing on GP -77.1 at 7:45 p.m. Dr. Gregory Fox stated that he was the applicant requesting development of this parcel. He expressed concern that -the new zoning would restrict development of this one lot because: (1) his proposed access road would exceed the 1500 sq. ft. requirement for impervious coverage; and (2) fencing his proposed swimming pool would exceed the 4000 sq. ft. fencing requirement. Dr. Fox also indicated that he proposed to place the ex- cess land that he did not use in this one -lot development into Williamson Act Contract "to take the pressure . off of subdividing." Additionally, he indicated that the only feasible building sites on the site were located on the ridgeline. It was explained that the HCRD Ordinance provided that if the site development plan required for such a project was acceptable to.the City, the Commission could grant extra square footage for impervious coverage and excess fencing "if it is done in good t2ste and with enough landscaping." Additionally, it was noted that HCRD require- ments were developed with average -sized lots in mind. As there were no further public comments, Commissioner Marshall moved, seconded by Commissioner Lustig, that the public hearing be closed. The motion was carried unanimously, and the public hearing was closed at 7:55 p.m. The following Commission comments were made: • After reviewing the City zoning map, Commissioner Callon stated that she felt . this piece of property geographically fit well into the HCRD zone, noting that it was consistent with adjacent HCRD properties. -2- MI NUJTS DATE: Wednesday, April 27, 1977 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Lustig, Marshall, Williams $ Zambetti Absent: None B. MINUTES CITY OF SARATOGA PLANNING CCINViSSION MI NUJTS DATE: Wednesday, April 27, 1977 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Lustig, Marshall, Williams $ Zambetti Absent: None B. MINUTES The minutes of the April 13, 1977 Commission meeting were not prepared. Ii. CONSENT CALENDAR • A. Composition of Consent Calendar It was requested by Staff that application A -576 (Los Gatos Associates, Carnelian Glen, Final Design Review Approval for 1 Lot) be taken off of the Consent Calendar and con - tinued. Chairman Belanger directed that application A -S76 be continued to the Planning Commission meeting of May 11, 1977 pending further review. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commis- sion grant Final Design Review Approval to application A -5S1 (Henry Fallek, Pike Road, 1 Lot) per Exhibit "A" and the Staff Report dated April 21, 1977. The motion was carried unanimously. III. TENTATIVE SUBDIVISIONS OSD -1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots; Con- tinued from April 13, 1977 Note was made that 2 reports had been prepared on this matter: a Staff Report dated April 21, 1977 providing the necessary conditions by which Lxhibit "A -2," reflecting a cul -de -sac circulation pattern, could be approved; and a Staff Memorandum dated April 21, 1977 outlining problems associated with the proposed circulation system represented on Exhibit "A -2 ", along with specific recommendations for alternative - solutions. Staff recommended in its memorandum that this application be denied without prejudice in order to allow• the applicant the opportunity to submit revised plans re- L4 '`` fleeting an alternate circulation plan which would more effectively allow development of the adjacent Young property. Denial without prejudice, it was explained, would allow the applicant to submit revised plans within a year's time without additional filing fees. It was Staff's opinion that after a thorough review of this application with regard to development of adjacent properties, extension of Lira Drive to the westerly boundary of the site would be essential in order to provide eventual public . access to the Young property which would otherwise not have such access. Don Beardsley, representative of the 18 -acre Young property, urged the Ca..-mrission to accept the proposed plan providing for a cul -de -sac with an emergency connection through the San Jose Water Works site. He requested the Commission to give him indi- cation, if this plan was approved, as to whether a maintenan ce district for Vickery Avenue could be pursued with regards to development of the Young property. Ile stated that in his opinion development of the existing right-of-way to Lomita should be pur- sued to allow for develoirnent of a "full subdivision street" with a maintcnance.dis- trict formed for the potential 11 -12 lot dcvclopmrnt of the Young property. It was explained that the Ccrirnission did not hive the authority to take action on such a request. III. A. SD -1296 - Gerald Butler - Cont'd After additional discussion of the circulation problems, Commissioner nLirshall moved, seconded by C011nissioner Lustig, that the Plannir� Comnission deny SD -1296 without prejudice per the findings made in the Staff Momorindurn dated April 21, 1977. The motion was carried; Commissioners Callon and Zambetti voted no because they wished this matter to be continued pending receipt of a letter granting an extension to a sub- Sequent Comnission meeting. Staff was directed to agendize the issue of the area circulation pattern for a future Committee -of- the -Whole meeting, and to so notify the applicant and Mr. Beardsley. ' B. SD -1302 - Clayton Thomas, Allendale Avenue /Chester Avenue, Tentative Subdivision Approval - 5 Lots; Continued from April 13, 1977 Staff requested this matter be continued pending review of Santa Clara Valley Water District comments. Chairman Belanger directed that SD -1302 be continued to the Plan- ning Commission meeting of-May 11, 1977. IV. PUBLIC iEkRINGS A. V -464 - John and Mary Della Monica, 20590 Manor Drive, Request for Variance to Allow for Reduction of Required Sideyard Setback for Corner Lot (Streetside) from 25 Feet to 14 Feet for Accommodation of Existing Shed (Ord. NS -3 Sec. 3.7) Note was made that a Staff Report had been prepared. recommending denial on the basis that the necessary findings for approval of a variance have not been made. •It was explained that per a complaint received by the Code Enforcement Officer regarding the existing structure, it was discovered that the shed had been placed within setbacks illegally, and consequently, a variance was required. Staff pointed out that a peti- tion had been submitted containing signatures of 23 neighboring property owners stating no opposition to this variance. Chairman Belanger opened the public hearing on V -464 at 8:15 p.m. • The applicant's son explained that due to a misunderstanding regarding setback requirements, this shed had been constructed 3 years ago within the sideyard setbacks. It was pointed out that a building permit had not been requested by the applicant at the time of shed construction. • Sally Truax, 12401 Greenmeadow Lane, stated that she could hardly see the shed because of existing trees. She pointed out that although the shed i,as illegal, "it isn't bothering anyone and it has been up there for 3 years." approval of the variance. She urged • Fred Tater, resident across the street from the applicant, stated that he felt the structure blended well with the rest of the neighborhood, and he urged approval of the variance. As there were no additional comments:, Commissioner Marshall moved, seconded by Commissioner Lustig, that the public hearing on V -464 be closed. The motion was carried unanimously, and the public hearing was closed at 8:23 p.m. Commissioners Marshall and 2ambetti expressed the opinion that granting this variance would constitute a special privilege. Commissioner Marshall noted that findings neces- sary for the granting of a variance had not been made, and he pointed out that the present situation was a result of choosing to erect a structure illegally. Commissioner Callon expressed the opinion that ordinances were written to protect homeowners' rights. She stated that since there was nothing on record against the granting of this variance, she would vote in favor of V -464. Commissioner Williams agreed, pointing out that since the shed had been existing for 3 years, there had been ample time for complaints to have been issued prior to this time. ' t Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Com- mission deny application V -464 per the Staff Report dated April 21, 1977. The motion failed, Commissioners Belanger, Callon, Lustig and Williams voted no. -2- CITY OF.SARATOGA PLANNING M\MISSION M 11 ",'UI'ES DATE: Tuesday, ?,Lay 31, 1977 - 4:30 p.m. PLACE: Crisp Conference Room, 13777 F niitvale Avenue, Saratoga, Ca. TYPE: Regular Adjourned Meeting from COmlmi.ssion Meeting of May 25, 1977 ROUTINE ORGANIZATION Chairman Belanger opened the regular adjourned meeting at 4:30 p.m., and noted that a quorum was present (Corunissioners Marshall and h'illivus were absent). II. AGENDA IT111 SD -1296 - Gerald Rutler,.Montalvo Road - Tentative Subdivision Approval - 6 Lots Note was made that this item was being considered under a regular adjourned meeting at the request of the applicant. It was pointed out that an earlier application for 6 lots had been denied by the Commission without prejudice on the basis of inade- quate area -wide circulation. The applicant was present and explained that he had been trying to comply with the current property owner's (Mr. Arata) wishes of providing a cul -de -sac for this sub- division insomuch as Mr. Arata did not want a through street to run in front of his existing house. He noted, however, that per Staff's review of the area relative to future development, a more proper circulation plan called for Lira Drive being a through street. Consequently, note was made by Staff that the revised tentative map (Ftihibit A -3) had been submitted reflecting a 6 -lot subdivision with Lira Drive being a through street. It was pointed out that a Staff Report had been prepared reco ;7.„cnd- ing approval of Exhibit A -3. Commissioner Lustig pointed out that the applicant, at a previous Commission meeting, had stated that he did not have sufficient square footage for 5 lots if Lira Drive, was extended. fie noted that the present revised map showed said extension, and he contended that there was a conflict in the applicant's testimony. Staff pointed out that the applicant's engineer had verified the area sizes for all lots, and had de- termined that all were legal an& conforming with City ordinances. Discussion followed on development of adjacent properties, and the point was made that the present circulation plan would' allow for the proper development of the abut- ting Young property. Concern was expressed over Mr. Arata's objection to a through street, and it was noted that Mr. Arata could appeal same if he so desired. Miles ' Rankin, representative of \1r. Arata, was present and noted this option. Commissioner Lustig moved that the Planning Commission deny application SD -1296. The motion failed for lack of a second. Commissioner Zambetti moved, seconded by Commissioner Laden, that the Planning Co;uenission approve application SD -1296 per Exhibit A -3 and the Staff Report dated May 27, 1977. The motion carried; Commissioner Lustig voted no. Commissioner Zambetti explained that he voted in favor of this application because the circulation and access irq)rovcments.were in accordance with the latest Staff concepts relative to traffic circulation in the area. Corissioner Lustig voted no because of the appli- cant's conflict in testimony. III. ADJOUR,,�,U�7 Coren.issioner Lustig moved, seconded adjourned meeting of Aav 31, 1977 be and the meeting was adjourned. by Conr-�issioner Zambetti, that the regular adjourned. The motion was carried unanimously, Alarty Van Duyn, heecrrutary V Planning Commission Meeting page 2 C Minutes of 9 27 78 E -9.78 - YgAler EIR (cont. rental Impact Report only, and the public hearing will be opened, ie testimony taken, and the hearing will be continued so that the EIR ultant will have a chance to answer all of the ccranents made tonight. The public hearing has opened at 7:45 P.M. Mrs. Alma Arata, 20400 Hill Avenue, addressed the Commission, in reference to the topography and the acoustics. She stated that the property has slopes on either side and the acoustics build up. She added that it is a low valley and the acoustics are amplified, which is detrimental to the noise factor. Mrs. Arata also stated that there would be beautiful giun and redwood trees and an existing vineyard destroyed if this project takes place as proposed. Bill McDonnal, 15201 Montalvo Road, read a letter into the record, regarding the concerns of the 45 residents in the area which met regarding this EIR. He stated that they are concerned about existing traffic and the traffic impact of the proposed subdivision and Lira Drive extension. The letter listed the following concerns: (1) The EIR only covers traffic from 11 of the Butler property sites on Montalvo Road; the actual impact will include other sites, totaling 17 instead of 11, as covered; (2) Any traffic impact on Montalvo Road also impacts the other streets whenever residents are headed to or from Los Gatos; (3) The Draft EIR does not provide an adequate traffic analysis for the whole Montalvo area; it is reasonable to expect traffic growth at Villa Montalvo. Mr. McDonnal urged the City to undertake the following with respect to the proposed Lira Drive extension and subdivision: (1) Conduct a thorough traffic study in the Montalvo area, including all affected streets; (2) develop (with the developer) an access alternative to the Lira Drive extension, includ- ing plans, required actions, comparative cost, etc. Mrs. Margaret Dennis, 20201 Hill Avenue, presented a letter to the Carmission and read it into the record. She stated that there are two important effects omitted from the EIR: (1) increased traffic on Hill Avenue; and (2) there are a lot of deer; collision with fast cars is inevitable. Mrs. Dennis added that she would like the Planning Co, mission to give the widest consideration to the effects of this application on long established residents who have invested many years of work and expense preserving the environment that has been the charac- teristic pride of the City of Saratoga. Leonard Liccardo, 20045 Mendelsohn, stated that he has concerned with the increase in traffic. He added that property otirers have paid a substantial premium in anticipation of an existence with a general understanding that this property would be secured and protected from such an influx of increased traffic and population. Mr. Liccardo added that the EIR appears to be very lacking as far as an indepth study of further options, and he feels that an economic study should be added, as to what it mild cost to have some other type of access made available. He stated that I-- also feels the report is misleading as far as the deer in the area; there are much more than stated, Joseph Montgomery, Vickery Lane, stated that he and private owners along Vickery Lane strongly object to the idea of hav3ag Vickery Lane turned into a public street as an alternate route. Mr. Monzgonery added that opening up this lane would create noise, pollution and safety problens, as well as des- troying the aesthetics of the area and duninishing the value of the real estate. Mr. Montgomery stated he was also concerned about the wildlife, and the visual and noise impact from the subdivision. lie stated that he felt a reduced number of lots on the property would be appropriate and reduce the ertvironriental impact. Cor issioner Marshall stated that the real traMc problem occurs at the time ?•Sontalvo has its major events. He stated that lZ would like the EIR Con- sultant to either collect data from Villa Montalvo or other sources, or, if necessary, wait and collect current traffic data from Montalvo when it is in its busiest season. Cormissioner Marshall statsf that perhaps the amount of business that Montalvo has should be reduced as an alternative. lie added that the public at the time of the 1974 General Plan review endorsed the concept of this land being used for houses when they endorsed the zoning; however, houses denote traffic. Commissioner Zambetti stated that possibly the oamsultant could look into two - 2 - Planning Conmission Meeting Page 3 Minutes of 9/27/78 L_ t-9.�78 - Bu er F.IR (cant.) e�s going into the area, and another alternative regarding access. Mrs. Marino, owner of the property adjoining the Arata property, stated that she had thought they were always going to have a self - contained cul -de -sac on the Arata property. She added that she believes the traffic to Villa Montalvo is year - round. Mrs. Marino stated that Villa Montalvo has been there since 1912, and she did not think their activities should be curtailed. She stated that the subdivision can be reduced in the number of home sites so the traffic flow r,-ill be diminished. Mrs. Marino stated that her objection, and that of her neighbors, is the 2,000 ft. cul -de -sac being built onto their road. Ninb Milo, 15102 Montalvo Road, stated that he felt the traffic is heavy only when Montalvo has an event. Ile added that people should have realized there would be an impact when the land was zoned for houses, and lie will be returning to the Commission with a petition. Jack Christian, 20230 Bonnie Brae Way, asked about more than four houses accessing onto a private road. Commissioner Marshall explained that policy dictates that there not be more than four houses on a private access road, and the CoiTUnission does not normally approve a fifth home on a private road; however, there are existing situations where there are more than four. He added that if someone today were to ask to create a new lot and build on it, and it was the fifth lot accessed by'a private road, the City would ask that it be dedicated as a public street. It was explained to Mr. Christian that there is a 50 ft. right -of -way across from the property on Lira Drive; therefore, it meets all of the policies of the.City. A history of the Lira Drive extension was given by Commissioner Marshall and Don Beardsley, architect and engineer for the applicant. Mr. Beardsley reviewed the history of this property, and stated that the Lira Drive extension is an issue that has previously been discussed and decided by the City Council. It was directed that the public hearing be continued to October 25, 1978, and Staff asked that comments be to the Planning Department by October 4, 1978. B. C -192 Saratoga Associates, Saratoga- S;urzyvale Road and Cox Avenue, Request for Rezoning from "C -N' to "C -V' of the rear portion (2.25 acres) of APN 391 -3 -282 Staff reported that the applicant had indicated a desire to place condominiums on the rear portion of this lot, and,in order to do this, it would be necessary to rezone from C -N to C -V. They added that the proposed rezoning is consistent with the General Plan, and would allow the cmdcminium use with a use permit. The public hearing was opened at 8:44 p.m. John Holmes, Pierce Road, discussed the access- regarding Pierce. It was explained to DIr. Holmes that Pierce would not be a arough street for commercial use.. Mr. Lamb, Pierce Road, addressed the Ccrmussicn. Staff pointed out that this rezoning would allow condominiums and no other use. Mr. Lamb stated he was concerned about privacy if second -story condcminiu1s were built. Vice- Chairman Laden stated that there would be a public hearing on this use when an applica- tion was submitted. Councilwoman Corr stated that there have been discussions of joining the hack rear portion of the City property with this lzimd for possible senior citizen housing, and she wanted to clarify that this possibility was still being con- sidered. Staff stated that Stan Carnekie, Cit-lo representative, is meeting with IM to determine if the City -oumed site is appropriate for senior citizens, and if it is determined to be an appropriate site„ then the City could start negoti- ating with the owners of this parcel. Commissioner Marshall moved, seconded by Cocm%_-;sioner Zambetti, to close the public hearing. The motion was carried unanimusly. Commissioner Zambetti moved to approve Resolution C -192 for reccrr.ien3ing proposed a„endments to Ordinance NS -3, and fonrard it to the City Cor -rCil. Commissioner Kirshall - 3 - Minutes of Planning Page 4 Commission Me =eting 10/11/78 SIP -337 - Jmmanuel Lutheran Church (coat report. The motion was carried unanimously. C. V -496 - LawTence and 11- irgaret Guy, 21427 Saratoga lulls Road, Request for a Variance to allow the installation of one (1) new prn;er pole for I)urposes of relocating existing overhead electrical transmission lines The public hearing was opened at 9:40 p.m. Since no one appeared, Commissioner Marshall moved, seconded hy Commissioner Zambetti, to close the public hearing,. The motion was carried unanimously. It was noted that the variance was granted in 1976 and the applicant allowed it to lapse. Coirnissioner I•Larshall ncA.Td to approve V -496 per the Staff Report dated October 5, 1978, with the addition of Condition 1 in the Staff Report for V -460, dated October 8; 1976; specifically, that "tine existing overhead telephone line which also presently crosses over the applicant's s1-;inning pcol is to be relocated to the proposed PG&E line route as shon,n on Exhibit "A ". Completion Of this condition shall be required wit}:in ten (10) days of relocation of the subject PG&E lines ", and that the applicant be notified that the intent of the Conunission is that this variance not be extended beyond the one year authorized. COnnlissioner Zambetti seconded the motion, and it was carried unanimously. V. MISCELIANTOUS A. Modification of Subdivision Ordinance as it relates to single_bui.lding site Staff stated that the C=Qission is to cormient on the modification and forward their cwnments to the City Council.:. it was the eorLsensus of the Co:anission that this mod.ificati;;n till. not only streamline the procedure, but ma}es it more reasona- ble and flexible for the applicant. Co nissioner Pillia s stated that he had con- cern regarding the fee stricture on the one lot; specifically, those of flood con - trol, storni and parks and recreation. It '%us pointed out that there are two docu- ments to be adopted; the ordinance and tie Resolution of Criteria, :�hich will be used by the Committee to determine the fees. Chairman Belanger stated that the fact should be called to the Council's attention that when you increase the use of the lot by 50z, more people are being imported onto that lot, and there may be in fact more impact on the parks system azid, possibly other syste ms. Commissioner Marshall moved that the Ca:L•nission endorse the Resolution and Ordinance No. 60.5 and fon�•ard the recorniendati.on 'to the City COiLICil. Connissioner Zambetti seconded the motion, and it was carried unanimously. VI. COi�f M�7GITJONS ( A. ItiRITTITI =SD-129,6 Gerald Butler, Mortalvo Road, Request for One -fear Extension ~ °• -David Arita— rcpre.son', ing the owners of the property, :addressed the Commission and requested that this extension be denied. fie stated that there is litigation presently existing on the subject property which has not been resolved. -Mr. Arata stated t)nat the owners of the property were under the impression that the street pattern would be a cul -de -sac pattern, and now possibly chat may not be the ultimate pattern. lie stated that they are requesting the opportunity to have the matter reheard, and the owners be given the opportunity to present views cn t)lc subject property and street pattern. Mr. Arata requested that the extension be denied or continued for 30 days, since they ]aid been inforned that their engineers would not be able to represent the=n in this matter, property. and they have not yet fad an oppor- tunity to get new engineers. Discussion folloaed on t9ic ownrrslnip of the subject Mr. Jack Christian, 20230 Bornic P,rae, appeared, representing the Montalvo-Mende]- Sohn Homeowners Assoc i.ati.on. fie PIese;ite-d a letter, r"lucsting the following: (1) that the one year extensicn be denic\}, since the Ilo.mcm%mers Association were just ianforried of it; (2) if, the (:omission does not deny the ext<rnsicn, tluau any action be deferred for 30 drys so they could prepare an answer. .. A Minutes of Planning ConYlission D}ecting__10 /11/78 Page 5 E LSD -1.296 - Gerald"Butler (cont.) eonard Liccardo, 20045 Mendelsohn Lrre, stated that the property owrer presently is not only against the extension at this time, but the real question is that the tentative snap was approval without foresight at that time of the access problems, and especially that of the Young property. Mr. Liccardo stated that he felt the Coln issio.1 should see whn t ca,merts will be forthcoming from the EIR consultant regarding the accessibility of Norton Road, a1:d this might result in a new tentative map on the Arata property. Mr. Liccardo requested a continuance of 30 days. David Smith, attorney for Mr. Butler, stated that the Lira Drive extension through the Arata property to provide access to the Young property w:rs adopted, and a map was presented and approves}. Ile stated that the lati ;suit Mr. Arata's contention that the property would not hav is OIL the issue of e to be sold unless there that be a cul -de -sac street pattern, Mr. Smith stated that the court has rejected that contention, and the extension will give bfr. Butler tiune to conform to the conditions of the tentative map, to either party. which the court has stated he is entitled to do. He added that this extension will give status quo to the matter, without prejudice Discussion followed on the relationship of t}v.s property to the Young property. The City Attorney stated that if the COIISnission is dissatisfied with the plan that was approved 18 r.:onths ago in this matter and would like to evaluate it, then the extension should be denied. However, he added, if the Commission is satisfied with the plan, -then there is no reason to deny the request for extension. COnmis- sioner Marshall stated he felt that to deny the extension would be inconsistent, since nothing has changed since the tentative crap eras approved, and the developer should have a chance to develop it. Cone�,issioner Siegfried pointed out that the neighbors will have a chance to be heard when the public hearing on the Young (Butler) property is held, 3 Commissioner Marshall moved that the request for extension for one year be granted, from November 30, 1975, in the matter of SD -1296. Ca-Missioner Siegfried seconded the notion, and it was carried unanimously. B. ORAL - Cit Crn moil Re ort Comrissioner Williams gave a brief report on the ' its oiurci meeting held or. October 4, 1978. A copy of the minutes of this meeting are on file in the City Administration Office. Chairman Belanger thanked Councilman Matteoni for attending the meeting, and also the Good Government Group for attending and serving coffee. VII. ADJOJW,,%n;T C"Missioner Zambetti moved, seconded by Commissioner Marshall, to adjourn the meeting. The motion was carried unanimously, and the meeting was adjourned at 10:42 p.m. ktsinson' r. Secretary RSR:ed Planning Com:ussion Page 2 Minutes - Meeting 10/25/78 SD -1354 (cont.) Cornissioncr �4irshall move: to deny this item, subiect to a letter of extension. ' Conmrissioner Siegfried seconded the motion, which was tarried, with Chainian Belanger abstaining. It was directed that, upon receipt of the letter of extension, the item mould be continued to the Committee -of- the- h'hole on Nova^ber 14th at 4:30 p.m., and continued to the regular meeting on November 22, 1978. Staff was directed to notify the Ca:'yon View Homeowners Association that there will be a discussion on the subject of Canyon View as a possible access at the meeting on November 14, 197S. J6. SD -1358 - Cerald Butler, Vickery Avenue, 13 Lots - Tentative :•:rap Approval The LIR on this project was discussed prior to the discussion of the Tentative Map. Access and circulation of this project were discussed. Cormiissiener Williams asked the Citv Atton:ey to Took into the procedure of getting the offer of dedica- tion to be made at this time in order to widen Vickery. The following concerns were discussed by-the Cornrdssion: Lots 4 and 5 ( possible elimination) Reduction of structures and protection of riparian uoodland Lot 10 (where it meets the landslide area and regarding access) Lot 11 (regarding access and the ridgeline location of the-house) Lot 12 (regarding access, ridgeline location of the house, and setbacks to. the Olavarri home) Don Beardsley, representing the applicant, stated that the home site being proposed on lot 12 is set back from the property line because there is heavy vegetation and does r,ot impact existing residences. He added that, regarding lots 4 and 5, the tentative map does show a scenic easement proposed to be created which would pre- serve the riparian woodlands. Commissioner Marshall moved to deny SD -1358, subject to receipt of a letter of extension. Co:rnissioner Zambetti seconded', and the notion was carried, with Connissioner Belanger abstaining. It was directed that, upon receipt of this letter, an on -site inspection will be held on Novamber T* 1978 at 3:30, and the item will be discussed at a Cornittee -of- the - }whole meeting on November 21, 1978. . It was directed that the item be continued to the regular :meeting on November 22, 1978. 7. SD -1391 - Marko Gera, Sobev Foad, 5 lots - Tentative Dar. Approval Staff stated that they were reconnnending 'that this item be continued, in order to give Staff time to review the new may submitted by the applicant. Commissioner Dtirshall moved to denv SD -1391, subject to a letter of extension. Co-:^issioner Laden seconded the motion and it was carried unanimously. Upon receipt of the letter, the item! is to be agendizcd for t1le November 8, 1978 meeting. I'lil)LIC HEARINGS 8. E -9.78 - G old Butler, Vickery Avenue, Review of Draft Er,vircmiental Impact Report n a Proposal for Subdivision of 13 Single - Family Residential Units; Continued from Se;,tu::ber 27, 1978 Staff reported that the public l:e;�ring on this item hod been ccntinued for one month, to give the consultant sufficient time to respond to the cements received at the last meeting. The public hearing was opened at 7:55 p.m. Mr. Paul Fenner, the EIR consultant, addressed the four significant issues that were ea- zrented on at the last meeting: (1) traffic ii-pacts, (Z) noise, (3) wildlife, and (4) views and scenic quality and loss of oipen s, ace. fie stated that the responses to these comments u-ould be rode a part of the f final ELR. Fir. 1,ecnard Li.ccardo, 20045 rieadelschn, addressed, the Cc-:nis ;ion. He svited that he felt that several itcr:s have beer overlooked or ignored in the MR; the first of these 1,eing the Possibility of Norton Road, through Eohir..an, as a t Tc of access. - 2 - Planning Ca,`mission Page 3 Minutes - Meeting 10/25/78 E -9.78 (cont.) lie added that the EIR is incomplete and inconsistent regarding the soil and removal of trees. Mr. Liccardo sulrtitted a list of Indian artifact and materials which had been found in the access area going into the Butler property. Vice - Chairman Laden pointed out that there is a mitigation measure listed in the EIR for all Mork to be halted if archeological artifacts are found on the site. Mr. Ramon Rieayes, 20400 Hill Road, stated that lie had found the motar bowl in the Arata garden in front of their house when he first came to work for them, approximately 16 years ago. Airs. Alma Arata, 20400 Hill Avenue, stated that she would like to ensure that the engineers consider the blind curves of Montalvo Road and the present hazards. Discussion of the Villa Montalvo events followed. Mrs. Arata stated that the board has been very cooperative and worked out the problems adequately for trans- portation. Air. Ralph Metcalf, a member of the Montalvo Executive Committee, stated that the EIR had omitted the fact that during the large events of Villa Montalvo, Montalvo Road essentially becomes a one -tray street to the Villa. Mr. Metcalf stated he felt it illogical for the City to further compound the problem of the spurts of traffic during these events by putting extra traffic in that area, when there is an access over an existing street, which is Vickery. Mrs. James Marino, 20553 Montalvo Lane, stated. that Villa Montalvo has solved the parking problem with busing. She added that Villa Montalvo owns enough property to be entitled to a traffic flow of 1200 to 1500 cars. James Robertson, representing the traffic engineering consultant who prepared the traffic portion of the EIR, stated that he felt that Montalvo Road is adequately constructed and designed, and there is relatively good sight distance at all points. lie stated that they felt it is adequate in width and that there will be no sig- nificant change in additional traffic. Discussion followed on a possible access to the property from Vickery Lane. Mr. Robertson pointed out that Vickery is not constructed to City standards, and would have to be improved, widened and connected through to serve as an access. It was also pointed out by the Conrdssion that trickery is a private road. Commissioner Marshall moved to close the public hearing. Corriissioner Siegfried seconded the motion, which was carried,.with Co-mmissioner Belanger abstainig. Commissioner Marshall moved that in the matter of E -9.78, the ccr� rents of the n preparer be incorporated; that it be considered as the Final EIR; that the Final EIR be certified as complete and adequate, and that the proposed development will have a significant impact upon the environment. Commissioner Siegfried seconded the motion, which was carried, with C= issioner Belanger. abstaining. Recess 8:45 p.m. - 9:05 p.m. E -6.78 - McBain 4 Gibbs, Inc., Congress Springs & Tollgate Road, Review of Draft Environmental Impact Report on a Proposal for Subdivision: of 20 lots; Continued from October 11, 1978 Staff reported that this item gas continued to give the EIR consultant time to proride additional alternatives, as requested by the Commission. They added that, in addition to the addendum from the consultant, addendum to the EIR, listing Staff has also submitted an number of lots. suggested alternatives regarding access and the Mfrs. Caldwell, 21196 Tollgate Road, addressed the CoMMission, regarding traffic and the accidents on Tollgate at the entrance to Big Fasin Pray. She stated that she felt there should be another entrance to the property. It wns the consensus of the Corznission that the EIR was not well done; however, the fact that the report states the alternative of a new subdivision flan and the Staff addendum was added to the report, makes it possible for the EIR to be certified as adequate and complete : +t this time. Staff stated that the EIR report does identify the impact and it does present mitigation measures. Commissioner Marshall moved that the EIR for MCpain G Gibbs, E -6.78, with the three addenda comments and the Staff addendum, be certified as being complete - 3 - Page 2 ��1��• plmuling Conmis�•J11/22/78 Miawtes - Mecting J �;..• SD-1354 (coat.) • Sn alternate plan. tifiich the applicant had submitted, was disctssed, shoe; g a different road configuration corulecting Tollgate to Pierce Road, rather than Canyon View. It was explained that this alternative essentially bTadesin a e unstable soil area and might slog down through traffic. The 151 g rade is the section of the road vas discussed- It was pointed out that a 151 g maxinatn allowed by 'ordinance. A condition in the Staff Report was requested by by • the Co=ission, to state to the effect that hazardous to will responsibility the Iliblic Works Department, and, where necessary , of the applicant to erect barriers. Staff pointed out that it was the suddethe transition fret one grade to mother, rather thm the constant l5. grade road, that might prove to be hazardous. They stated that in the engineering plancheck they will ensure that there are no vertical curves. shotN, -as the curprove- sensus of the Connission that the road pattern, P added that ment over what was presented at the last Conn that lies Offsite . They additional inforriation is needed on the area that lies offthe anact of therconnec- codutection, and that they would like to see sc]icmaticallY the imp tion of the Parnas property and the hookbacktoBig Basin �'ay' lots come off of also requested a schematic showing he Parnas property and how many Big Basin Way. The applicant stated that he would have his engineer run a center line on Coins d out View so that they will }now what the gradients are on that road. It was P that there were two potential routes through the Parnas property that could be accerrplished, and these routes were discussed. Dir. McBain added that Staff previously had asked them to Put together a circulation plan in relation to thithadjacent property, , showing how the road would connect, and he would discuss the map the engineer for Parnas, as a potential alternative. It h°as the concensus of the Comnis- sion that they would like to have that alternative discussed in more detail, since it is an alternative that meets some of theroblt�ia that has been set by the Cormission and solves some of the Parnas property P E on View Homeowners Associations of Staff vas directed to notify the Tollgate and�Vew since the City did previously the discussion of through connection on Canyon make a c cr=it�nent that access onto Canyon View could be. limited; however, in view of the geological problems that have arisen, this possibility should be e� plored. Coninissioner Marshall moved to deny this matter, subject to a letroi extension. on Caau ssioner Zxrbetti seconded the motion, which was carried unan Y• • receipt of the letter, the matter will be continued to the Comnittee -of- the- }~hole �— -- meeting ` on – December S, 1978 and the regular meeting of December'-130 1978. / 3. SD -1358 Gera - 13 lots, Tentative Map Approval; ld Butler, Vickery Avenue Continued C_' nrtnhvr 25. 1978 The Car."ission stated that they had requested an alternate map at the Committee-of- the- lehole meeting; however, the applicant stated that he was proceeding with the 13 -lot map submitted to than at that time, with the circulation shown. Don Beardsley, representing the applicant, stated that there were two issues of, concern by the Ccrnission, mentioned at the Cornittee -of- the -hhole meeting: (1)- the elimination of one or more lots from the proposed map, with the intention that the total number of lots which would take their access from Liras to w�ser•etthiscarea. 15; and (2) the elimination of lot S in the riparian wood 15; applicant vas now Mr. Beardsley stated that, after much discussicn and thought, PP asking the Co-mission to approve &.c Qap as submitted. Mr. Beardsley stated that the access road which traverseana thatlthe road5followsated a considerable distance away from that top of the bank, that of an existing service read that is on the site. He added that no omd cu tscaodslills rill be TC°U1TCd to provide that road; no oak trees need be rov explained that the homes on those two sit asking be esC�issi n to reconsider ltheir removed, and, therefore, the applicant g decision to elinirate lot S. It was pointed out to Mr. Beardsley that that the miti- gation ss driverc�savoid lots 4 should be riparian woodland so as to shorten the access Belanger stated that the Co niss�tn was Beardsley followed one the rCira lation regarding these two lots. Discussion by o aim• He pointed out of the project and the justification of allowing lot 5 to r Plaiuiing Commission Minutes - Aieeting 11/22/78 SD -1358 (cont.) Page 3 that the present proposal eliminates the Butler residence and the Gatehouse resi- dence from accessing to Vickery, and replaces those two with, lots 4 and 5. He explained that the two existing and the third potential Olavarri homes will now take their access to Lira, and out lira to Montalvo. The Commission stated that by that action Lira would be overloaded. e. Mr. Beardsley stated that they are suggesting that the Co:mission reconsider the retaining of lot 5 for the following reasons: (1) that the riparian woodlands are not being interrupted; no canopy vegetation or tree cover will be removed; and (2) Vickery will not be overburdened, and, in fact, they are actually lessening the number of dwelling units that exit out to Vickery. The Vickery Avenue Circulation Study, prepared by Staff in 1977, was discussed. Mr. Beardsley pointed out that this report states that "secondary (emergency) access" to the end of the new public street could be derived through a short extension of Vickery. Ile added that a loa-ed gate would be used to prevent any through traffic. ConQnission Marshall stated that it was previously pointed out to Mr. Beardsley that the total yield of the former Young property could be as low as one lot. He stated that at one time Mr. Butler had a very well known position of having a landlocked piece of property with W. Butler's house on it as the only piece of property that could be developed. Mr. Beardsley stated that the Vickery Avenue Circulation Study was developed and presented to the Planning Commission and City Council to ensure the orderly develop- ment of all the vacant parcels in the area. It was pointed out to Mr. Beardsley that it was just a circulation plan and not a tentative map approval, and there is now a total of 17 lots which would access out to Mbntalvo, which is 2 too many, according to City.policy. Mr. Beardsley stated that the applicant believes that they have met all the mitigation measures that have been suggested. • Mr. David Smith, attorney for the applicant, addressed the Commission. Mr. Smith discussed the project regarding aesthetics and access. Ile stated that the wording of the City's policy, which is a policy and not a mandate, regarding a subdivision not having an excess of 15 lots on a cul -de -sac, is in terms of means of secondary access. He stated that, according to the circulation plan proposed for this area, it would appear that emergency and secondary are in fact synonymous. Mr. Smith stated that it was the applicant's position that he is meeting the policy because he has provided a means of secondary access. Ile pointed out that two things should be considered: (1) the fact that the applicant is somewhat artificially increasing the maximum, but even if that may be true, (2) the maximum is absolutely 17. Commissioner Marshall stated that the term of emergency access has been overused by developers as a substitution for secondary access. Ile explained that the emer- gency access was first conceived for a piece of property which was totally landlocked and in which the only solution was a means of egress over somebody else's property. Cormissioner Marshall stated that if the applicant could submit a plan which shows the maxiumun yield on Lira, including all potential development, to be no more than 15, then they would he conTpliant with the City's policy. Chainran Belanger stated that there was concern regarding the ownership of the other end of Lira, which has not yet been determined. She stated that she felt that there should be no more use of Vickery to bring in heavy equipment to service this property until the ownership is determined. Staff was directed to include a condition in the Staff Report to ensure that there be no more improvement done until this was deter- mined. Carnissioner Marshall stated that he would like the condition to state that no nbre improvcnent be done, and also that no grading can be done until that sub- division has a connection to a public street. It was pointed out that the conditions on the project, if granted tentative approval, must be fulfilled before final approval is granted. If the applicant cannot bring the road into fruition, including the connection to Montalvo, before his 18 months is up and with a possible extension of one year, then he loses his tentative map. Commissioner Lustig stated his concern that there be no interpretation that the City has approved something that cannot be completed, and have it used as a tool in the present litigation. Mr. Butler, the applicant, stated that he would be in favor of not increasing the number of lots accessing onto Vickery, which would also cmply with the cul -de -sac configuration for Lira Drive. lie added tIvit they would coapromise and eliminate lot 11. At this time the Commission pointed out to Mr. Butler that the ru tigation measures listed by the Staff must be reflected on the map. 51 E C Minutes of Planning Coiwnission Meeting 10/11/78 SD -1296 - Gerald' Butler (cont,) M, ---j L ' Page S a iccardo, 20045 Mep'delsohn Lane, presently is not o stated that the property owner nly against the extension at this time, but the real question is that the tentative crap wa. approved without foresight at that time of the access problems, and especi ly that of the Young property, Mr. Lice Io stayed that he felt the Ccr:znission should see what corrients will be forth ng frmi thi result Rin asnewatentativel1 P On the Aratalproperty.rtMr.hLici ado requestedta continuance of 30 days. nalid Smith, attorney f�r Mr. Butler, Xwouldhave at the a Drive extension through ata property to Provide access tng pr .erty hrs adopted, and a p s presented and approved, He st t} ar;suit is on the issue of Mr. to s contention that the properhave to he sold unless there would a cul -de -sac street pattern, that co ntion, and / the extension will stated that the court tress rejected condition f the tentative rrap, which t haslstatedcheoisoentitled to toedo. He added this extension will give uo to the r,Iatter, without prejudice to either pa Discussion foll on the that ip of this property to the Young property, The City Attorne athd that if e Of is dissatisfied with the plan that was sionol' :on en ago this matter and would like to evaluate it, then the extension. s held deni However, he added, if the Commission is satisfied with the plan, then th` is o reason to deny the request for extension. Connis- sioner Marsha 1 stated h` t that to deny the extension would be inconsistent, since nothin has change 'ice the tentative crap was approved, and the developer should have chance to, eve•' it. Connissioner Siegfried pointed out that the neighbors w'll have a ante t be heard when the public hearing on the Young (Butler) p /r6perty i eld. Commissioner Mar X11 moved that th from Novrnber 3 % 1975 in the matter,equestlfor extension for one year be granted, the motion, a pit was carried Una, *r ii . „ `�6• C�issioner Siegfried seconded B. ORAL - Ci 'Council Report - ConaissioneN'illiams gave a brief report on the Y ourrci meeting held or, October y 1978. A copy of the minutes of S meetijrg are on file in the City A rustiation Office. Chaff Belanger thanked Councilman Matteoni. for attendin the meeting, the Goverment Group for attending and serving co ee and also VII. ADJC(1 fL- 7 RSR:cd sioner Zambetti moved, seconded by Corstissioner Marshall, to hunt the g. The motion Has carried unanimously, and the meeting was adj t7,Ihd at 10:42 p.m. o inson, r, Secretary i •r Planning Ccx'rrri (Slam Dtinutes - Meeting 11/22/78 C Page 4 J SD -1358 (cont.) C Urnissioner DLarshnll moved to approve "in concept" SD -1358, given the caveats that access onto Vickery be maintained at no greater number than that which presently exists, which is believed to be 14; that the number of lots accessi.rrg off of Lira be set at a number which-, when corhined with all the other potential and existing lots on Lira, would not exceed 15; that an c:ergency access road be constructed between the term, ination, of Lira and Vickery to provide predominantly for 'the larger-number • of lots on Vickery than would norrr -illy be approved, and subject to receipt of an exhibit which co�plies with those requirements and also reflects the mitigation measures requested by the City. Ccr=.issioner Zambetti seconded the motion. Tim Nobriga addressed the Ca:caission, stating that he is the owner of the house adjoining the Butler property and contiguous to lot 4. He stated that access to both lot 4 and 5 would ccme up his driveway. Ile stated that he had submitted a letter, outlining his concerns in this area, and that if lots 4 and 5 are permitted, traffic would increase on the 100 yards of his driveway being used, by 200 %. He added that he had been assured by Staff two years ago that the rural character of this area would be maintained. Dtr. Nobriga stated that he had to widen part of Vickery Lane to 18 ft. and had to put up a bond; he would like to see that requirement stated for the applicant for that portion of his driveway which would have to be widened to 18 ft. lie stated that he would compromise on having one lot, but thought there should not be two. W. Nobriga explained that there has a 6 ft. easement on his property, but that it had been granted as access to the riparian area. Chairman Belanger explained that the question regarding the easement is a legal one, and the matter should be resoled by Mr. Nobriga and the applicant. Mr. Beardsley explained that the easement had been established for mutual ingress and egress between the adjacent property owners and for public utilities. He also stated that the appli- cant would agree to a bond for that portion of Mr. Nobriga's driveway. Staff was ' directed to include that as an additional condition on the Staff Report. I W. Christian, Vickery Lane, addressed the Commission and discissed the possible C.. manner'in which the Commission could alleviate the existing problem on Vickery by eliminating sane houses, and come closer to the City Code requirements for a private • drive. His recarmendation was that the Commission strive to improve the situation at this time, rather than maintaining the status quo. It ties explained to Dtr. Christian that the situation is being mitigated by putting in an emergency access connection to Lira, which is logical. Therefore, it was pointed out, the situation has not been made any worse, and it has been improved to the extent that an emergency connection W been added. Dtr. Christian stated that he felt that the matter should be studied • furtJier, rather than taking a vote on it at this meeting. Chairman Belanger pointed out that the motion is in principle only, and the numbers mentioned are nothing more than a reiteration of what the Planning Commission considers to be consistent policy. The vote was taken on the motion, and the motion was carried unanimously. Chairman Belanger explained that the concepts expressed are passed, with submission of the map and a resolution for tentative approval still•to follow. Break - 9:50 p.m. - 10:05 p.m. 34ZLIC 1iFARnGS 4. V- 457'>•v,..Donald and Cale Sturdevant, 19222 Bountiful Acres, Request for-a_-'Variance t�kYJuce the required rearyard setback of 15 ft. to 7 ft:'for the siting 1 of a�C� court in an R- 1- 40,000 zoning district—,�''`� Staff reported that this ltv a, d been withdrawn,,anc an application will be submitted in the near future •r6l`•a„Use Permit .to' cover this matter. 5. E -7.78 - H. Teerlink/A. DoMartini, ttt, 'tdej�„Road, Review of Draft Environmental Impact Report on a Rr sal for Resid,emial Project - 42 lots Chairman Belanger explained A at an Enviromental Imp t- Veport is an informational document to give necesfary information in order to make an aJ6gkuge decision, and �.:.' that remarks tYd s:e4ening should be on the EIR, rather than the teineitik:�map. It wvs pointed out "that the consultant is present at this meeting to take co,� from the,publie and respond to them, and that additional convents can be submitte'S unti .Ndverber 29, 1978. �fhe public hearing was opened at 10:10 p.m. 4 - CITY OF SARATOGA PL4Y41NG CCt USS1ON rnt�lrr�s DATE: Wednesday, December 13, 1978 - 7:30 p.m. PLACL: City Council Chambers, 13777 Frvitvale Avenue, Saratoga, California T)TE: Regular Meeting ROUTINE ORG4NI21ATION Roll Call: Present: Corrussiorers Laden, Marshall, Siegfried, Williams and Zwiibetti Absent: Co missioners Belanger and Lustig Minutes With the correction that on page 4, the sixth sentence should read "....for the larger number of lots on Vickery.... ", it was moved by Commissioner Marshall, seconded by Cormissioner Zambetti, to waive the reading of the minutes of November 22, 1978 and approve as distributed. The motion was carried, with Commissioner Siegfried abstaining, since he was not present at the meeting. CO?\'SLAT CkLENDAR A -606, Galeb Properties, was removed for discussion. Commissioner Zambetti moved, seconded by Co^missioner Williams, to approve the remaining following items on the Consent Calendar. The motion was carried unanimously. 1. SDR -1382 - Gregg Moss, Franklin Avenue, 1 lot, Final Building Site Approval 3. A -640 - Gordon Fardal, Glenmont Drive, Single Family Residence, Final Design Review Approval 4. A -641 - Lou and Sally Leardini, Kittredge Road, Single Family Residence, Final Design Review Approval Dismission was held on the following item: 2. A -606 - Galeb Properties, 12378 Saratoga - Sunnyvale Road, Final Design Review Approval for Signs Commissioner Zambetti stated that he was concerned about the design review of the signs for these buildings and also the signs on Saratoga - Sunnyvale Road. Warren Heid, the architect, stated that the signs were very similar to those for Azule Shopping Center; however, they were smaller, approximately 6 ft. long. The concept of wooden signs was discussed. It was the consensus of the Cormmission that they had no problem with match- ing the design that is already there. Conmissioner Zambetti moved to approve A -606. The motion was seconded by Cormissioner Williams and was carried unanirleusly. SUBDIVISIONS/BUILDING SITES S. SD -1354 - M--Bain $ Gibbs (Boisseranc), Tollgate Road - 20 Lots, Tentative Map Approval; Continued from November 22, 1978 Staff reported that the applicants are pursuing the geology with the City Consultant. They added that a letter of continuance has been received from the applicant. It was direeteq that this ite3n be continued to the Jartiary 24, 1979 meeting. 6.." SD -1358 \ Gerald Butler, Vickery Avenue - 13 lots, Tentative Map Approval; Continued / from November 22, 1978 Staff reported that the major issues with this subdivision deal with: (1) the number of lots taking access off of Lira without a secondary access; (2) no increase in the number of lots taking access onto Vickery Lane; (3) lots 4 and 5; and (4) combination of lots 10, 11 and 12. Discussion of the potential lots on Lira Drive followed. It was the consensus of the Commission that their requests regarding the maxir,:um number of lots accessing off of lira and Vickery had not been met by the applicant. Ca missioner Marshall stated that the applicant was entitled to less tl-kin the number of lots offered at the last meeting, according to City policy which had been followed for years. - 1 - 0 r�L 4. V- t Donald and Cale Sturdevant, 19222 Bountiful Acres, R 'f6k1 uce the required rearyard setback of 15 ft. to of a-Tttmi5 court in an R- 1- 40,000 zoning districts:• Staffi reportcd that this `rte submitted in the near future �M�_ est for..- etariance ftr`for the siting been w-ithdrawn, and an application. will be _Use Permt,_,to"c%over this matter. • S. E-7,�78 - H. TeerlinVA. DdMartini, AI.t,7Td oad, Review.of Draft rnvironmental J Impact Report on a Pr sal for Res5'4MZial Pro'eet - 42 lots Chai in rman Belanger explained -that an Envircmental Ir7�act'`Report is an informational • document to give necessary information in order to make an adec{uakG decision, and that remarks this,- evening should be on the EIR, rather than the ten'?tviikg� map. It rvs pointed.out' that the consultant is present at this meeting to take ccrr',cFk�t from the;peiblie and respond to them, and that additional easnents can be submittc� anti overber 29, 1978. lie hearing was opened at 10:10 p.m. -4- Pinning Cormiss —n Page 4 Minutes - I- Sccting 11/22/78 J SD -1358 (cont.) Ccrmissioner TLarshall moved to approve "in concept" SD -1358, given the caveats that access onto Vickery be maintained at no greater number than that which presently exists, which is believed to be 14; that the number of lots accessing off of Li a be set at a number which-, when cmhined with all the other potential and existi lots n Lira, would not exceed 15; that an azergency access road be constructed etween termination of Lira and Vickery to provide predominantly for the la umber • of s on Vickery than would norm111y be approved, and subject to re ipt of an exhib which ecnplies with those requirements and also reflects th mitigation measure equested by the City. Cor.:missioner Zambetti seconded motion. Tim NoUriga ressed the Cormission, stating that he is the er of the house adjoining the ler property and contiguous to lot 4. He s ated that access to both lot 4 and 5 uld cane up his driveway. IIe stated th he had submitted a letter, outlining concerns in this area, and that if ots 4 and 5 are permitted, traffic would increa on the 100 yards of his drivewa eing used, by 200%. He added that he had been ssured by Staff two years ago that the rural character of this area would be maintain W. Nobriga stated that had to widen part of Vickery Lane to 18 ft. and had to t up a bond; he would ike to see that requirement stated for the applicant for that rtion of his drivew which would have to be widened to 18 ft. lie stated that he w�o d campronise on ving one lot, but thought there should not be two. W. Nobri explained tha there was a 6 ft. easement on his property, but that it had been anted as a ess to the riparian area. Chairman Belanger explained that t gues ion regarding the easement is a legal one, and the matter should be resolved by 'obriga and the applicant. Mr. Beardsley explained that the easement had been tablished for mutual ingress and egress between the adjacent property owners and for is utilities. He also stated that the appli- cant would agree to a bond for that rt of Air. Nobriga's driveway. Staff was directed to include that as an additional ndition on the Staff Report. W. Christian, Vickery Lane, ad essed the C ission and disaissed the possible manner in which the Commission ould alleviat the existing problem on Vickery by ' eliminating some houses, and cane closer to City Code requirements for a private. drive. His recommendation s that the Comnissi strive to improve the situation at this time, rather than intaining the status o. It was explained to Mr. Christian that the situation is be' mitigated by putting i an emergency access connection to Lira, which is logical. erefore, it was pointed t, the situation has not been made any worse, and it s been improved to the ext that an emergency connection has been added. W. istian stated that he felt t the matter should be studied • further, rather than along a vote on it at this meeti Chairman Belanger pointed out that the motion- s in principle only, and the numbe mentioned are nothing more than a reiteration f what the Planning Commission consi rs to be consistent policy. The vote was tak n on the motion, and the motion was carri unaniriously. Chairman Belanger explai ed that the concepts expressed are passed, zth submission of the map and a reso tion for tentative approval still•to follow. Break - 9:50 p.m/. - 10:05 p.m. 4. V- t Donald and Cale Sturdevant, 19222 Bountiful Acres, R 'f6k1 uce the required rearyard setback of 15 ft. to of a-Tttmi5 court in an R- 1- 40,000 zoning districts:• Staffi reportcd that this `rte submitted in the near future �M�_ est for..- etariance ftr`for the siting been w-ithdrawn, and an application. will be _Use Permt,_,to"c%over this matter. • S. E-7,�78 - H. TeerlinVA. DdMartini, AI.t,7Td oad, Review.of Draft rnvironmental J Impact Report on a Pr sal for Res5'4MZial Pro'eet - 42 lots Chai in rman Belanger explained -that an Envircmental Ir7�act'`Report is an informational • document to give necessary information in order to make an adec{uakG decision, and that remarks this,- evening should be on the EIR, rather than the ten'?tviikg� map. It rvs pointed.out' that the consultant is present at this meeting to take ccrr',cFk�t from the;peiblie and respond to them, and that additional easnents can be submittc� anti overber 29, 1978. lie hearing was opened at 10:10 p.m. -4- �f P ;-inning Ccnunission (�' �� Page 2 Minutes - Mtg. 12/13/78' SD -1358 - Gernld Butler (cont.) The number of potential lots were discussed. Dfr. Beardsley, representing the applicant, discussed the revised map that had been submitted. It was the consensus of the Commission that they were also concerned with the quality of the lots. Mr. Beardsley proposed to eliminate one lot which now takes its exit onto Lira and stated that, in order to achieve this, they would carbine lots 10 and 11. Arlene Nobriga addressed the Commission, asking about the use of their driveway to access lots 4 and S. Comissioner Iaden stated that this was a legal matter between the Nobrigas and Mr. Butler. It was clarified that there is a requirement in the Staff Report that the construction be done under bonding. The Cam. ission requested the applicant to submit a new map showing the new number of lots and the access. It was directed that this matter be continued to an adjourned regular meeting on December 19, 1978. PUBLIC HEARINGS t. 7. E -7.78 - H. Teerlink/A. DeMartini, Mt. Eden Road, Review of Draft Environmental Impact Report on a Proposal for Residential Project - 4Z Lots; Continued from November 22, 1978 Staff reported that they were satisfied that the DeMartini portion of the EIR is ade- quate. However, they stated there are still sane questions regarding geology on the Teerlink portion of the project. I•t was clarified by the City Attorney that the Commission could act on the EIR as to each project in a separate fashion. 1' Discussion followed on the definition of "acceptable risk ". Mr. Prendergast, the applicant's geologist, stated that, with the mitigating measures being recommended, �. that the risk had been decreased to a level that was acceptable. Mr. Wimberly, of the Inspection Services Department, stated that the term "acceptable risk" is not quantifiable, and in the ultimate sense the City's assurance of reasonable risk comes from the review by the City Geologist. The setbacks listed in the EIR were also dis- cussed with the applicant's geologist. :Mr. Swett, the EIR consultant, was requested to 511l:r t two addenda covering these matters. Mr. Teerlink, the applicant, stated that he felt the City Geologist's report should have been received by this date, since so much time had elapsed since the beginning of the project. Staff clarified that there is still some forthcoming material from Mr. Teerlink T s geologist to be submitted. It has the consensus of the Ca mission that they were not prepared to act on the Teerlink portion of the EIR until the City Geologist's report is received. Cccnissioner Marshall moved, seconded by Commissioner Zambetti, that in the matter of E -7.78, the final EIR for the DeMartini portion only, that the Staff Report dated December 7, 1978 be approved to the extent that it covers only that portion; that the certified EIR is complete subject to the receipt of the two addenda requested, and that the Cauu scion make the findings that the project will have a significant_ impact on the environment. The motion was carried unanimously. _ It was directed that the Teerlink portion of the EIR be continued to the January 10, 1979 meeting, since all the proper data has not bee submitted to make the findings. Mr. Prendergast, the applicant's geologist, acs requested to submit all the needed material to the City Geologist as soon as possible. 8. UP- 348Cb) - Kelly- Gordon Company, Request for a "Use Permit to allow a real estate office to locate in Oak Creek Shopping Center, located at 12175 Saratoga - Sunnyvale Road Commissioner Williams abstained from the discussion and voting on this issue because of a conflict of interest. The public hearing has opened at 9:02 p.m. Since no one appeared to speak, Ca. issioner Marshall moved, seconded by Commissioner Siegfried, to close the public hearing. The motion has carried. Discussion followed on the possible limiting of employees or square footage of the office. Caa°issiorer Zambetti moved to adopt UP- 348('0) for the Oak Creek Investment Ca piny, to allow for a 3500 sq. ft. real estate office, per the Staff Report, deleting Condition 1 related to the limitation of the size of the building. The motion was carried. - 2 - a CITY OF SARANGA PiA LNI.';G CLM%USS1QN whims DATE: Tuesday, December 19, 1978 - 4 :30 p.m. PLACE: Crisp Conference Room, 13777 Fruitvale Avenue, Saratoga, California TYPE: Adjourned Regular Meeting ---------------------------------------------------------------------------------- - - - - -- ROUTINE ORGANIZATION Roll Call r Present:. Ccnonissioners Belanger, Laden, Lustig, Marshall, Siegfried, Williams and Zambetti Absent: None S11BDI1'ISI0NS /B1ftLDING SITES SD1358 - erald Butler, Vickery Avenue - 13 lots, Tentative Map Approval; Continued from December 13, 1978 Staff reported that the applicant has redesigned the tentative rap, and the proposal now has a complete redesign of six lots, and there are nrn,7 12 lots total in The sub- division. They pointed out that there is a scenic easement located on the southern most portion of the subdivision, over which the Ccr mission had indicated concern. Staff stated that this had been incorporated into the final design, and the applicant has met the intent of the Planning Co:nnission with these changes. Co missioner Lustig stated that lie could not understand how the applicant, according to the conditions of the staff report, could dedicate something, that he does not mm, namely Lira Drive. Staff connented that the applicant does not have access to those lots imtil such time as he acouires the rights to the property through which Lira Drive is to extend. They added that he has 13 months*, if the tentative map is approved, to settle the matter in court and meet the conditions of the tentative map. At that time, they stated, if the conditions have not been met, the tentative map fails. It has pointed out to the applicant that no building or develom,ent of any kind is allorwable on this property until the access rights are acquired, including grading. ( *and possible 1 -yr extensioT) The conditions of the Staff Report were discussed. The following changes were to be made: (1) The first sentence under Findings should read: "Said project complies with all objectives of the 1974 General flan, and all requirements of the Zoning and Sub- division Ordinances of the City of Saratoga, except as delineated above and approved by the Planning Commission ". (2) Condition I -D - The first sentence should read: "Provide cr;ergency access con- structed to 'Tdinimrn Access Road" standards to Lcnita Avenue. (3) Condition I -E - The first sentence should read: "Construct emergency access road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screening or better on 6: Agg. Base from public street to approved turnaround." (4) Condition IA% G - should read "the three hydrants ", instead of any three hydrants. .(S) Cdnditi.on VII -C -3 should read: "Scenic easement restrictions shall be as shown on the approved Final 1•1ap ". (6) Condition VII -C -S sW l be deleted. (7) Condition VII -D - The last sentence which reads" Agreement to be inclu3ed in the recorded CCF,R's, amended only with the City pen,.ission and enforceable to City of Saratoga" should be deleted. Sentence to be added which reads: "Neither the CCF,R's nor the Scenic Eascr,ent Agreement are to be aviendcd without the written consent of the City of Saratoga, and they are to be enforceable by the City." (8) Condition VII -G - Sentence should be added: 'Ttiblic access is not implied or intended ". Commissioner Marshall roved for adoption of the Staff Rmcrt -datod December 13, 1978 as amended, including Exhibit "A" and 'D "; that the fijidings be made relative to the E•IR MW 0 L 0 I 1 u 0. 1 • 1 rage plannilig Conmis in r Mijnwtes - Mecting 11/22/78 J SD -1354 (cant.) • An alternate plan, which the applicant had submitted, tics discussed, showing a ficrent road configuration connecting Tollgate to tierce Foad, rather than yon View. It was, explained that this alterative essentially bTade/in a e un table soil area and might Slow down through traffic. The 151 g race is the see ion of the road was discussed. It was pointed out that a 15i g � maxi n allowed by 'ordinance. A condition in the Staff Report was requested by by the C ission, to state to the effect that hazardous turnsbe�thearesponsibility the 1'iib is Works Department, and, where necessary, i of th a licant to erect barriers. Staff pointed out that it U. tradeuofethe trans from one grade to pother, rather than the constant/ engineering road, th .,ighwilrove to ha thdocsareTno vcrticaltcurves� It was the con - planchcek pattern, resent /ly shown, is an improve - sensus of th onnission that the road pattern, p ment over what as presented at the last Committee -of -the-] Ole. they added that additional info tion is needed on the area that lies of itc anact ofcroaodp�- connection, and t they hould like to see sclionaticadl Way The Ccrmdssion also lion of the Parna roperty and the hookback to Bian�as� many lots came off of requested a schema showing the Parnas property Big Basin Way. - C ern The applicant stated he would have his eng•, e run a center line on anY what the adients r on that road. It was pointed out View so that they will areas ro er that could be that there were two pot ti 1 roeresdiscussed. eir. AscBain added that Staff previously accomplished, and these t relation to the adjacent property, had asked them to put toge he a circulations with Bill Heiss, the showing how the road would one ct, and hew id discuss the map engineer for Parnas, as a po ent 1 alte��na �•e. It has the concensus of the Commis- el- like to ve hat alt alive discussed in morev, thelC�ission Sion that the) s +ou is an alterative that meets s and solves some of the Parnas Staff was directed to notify the the discussion of through conne' make a commitment that access o: of the geological problems that Commissioner }Marshall moved to/ criteria that has been set y oblems. and Canyon View Homeowners Associations of anyon View, since the City did previously View rmuld be limited; however, in view 19, this possibility should be explored. ma Co7au ssioner Zambetti seconded the motion • receipt of the letter, the tier will be, __-- (-etine-on-Decenber 5, 1978 and the regul d Butler, iekery Avenue - October 2 iJ 978 13. SD -1358 The Commission stated the - ]Whole meeting; ha 13-lot map submitted r nesenting the applicant, stated that t 7: mentioned at the Cosruttee -of- ission, ` w•it e "or more lots from the proposed mtsp, ots which would take their access from Li limination of lot S in the riparian \,nodl ted that, after much discussion and thoug sion to approve the rap as submitted \ Don Beardsley, r concern by the C elimination of o total number of 15; and (2) th rir. Beardsley St asking the _,M,i subject to a letter of extension. h has carried unanimously. Upon nued to the Comnittee-of- the -Whole g of December 13, 1978. Xrts Tentative A1ap Approval; Continued at they had requested 'aj er, the applicant state them at that time, with \atu�a e map at th e Cormittee-of- ths proceeding with the he ation shown. were two issues of,. 1Whole meeting: (1)' the the intention that the a Drive would not exceed , to preserve this area. t, the applicant was now t�ir. Beards eye stated that the access road which traverses d thatlthe road 5follows ated a coBear able distance away fray that top of the bulk, �n that of existing service read that is on the site. He added that no P&aordsleyls rill b required to provide that road; no oak trees need be roved• that expla' wand that the thetapplicant site wassaskirg thesCccr..mi`sSion oto reconsider ltheir remov dcc' 1on to eli statcdlthat lots 4 and 5 should tbeoredesignedsso as to shorten ethetl- g on measures access drive and avoid disturbance to the riparian woodland. Chairman Belanger stated that the Cc- mission was concerned with the circulation regarding these two lot Discussion by Mr. bear of 5 tolra-ain� Hcepointed aoutn. of the project and the justification of all -2- �< Planning Camnission . age 2 Meeting Minutes - Adjourned Regular Mtg. 12/19/78 under (a) and (c) of the report, and further, that by making this approval, the Cc Mission is accepting the deviation from the requirement for 4 lots accessing onto , a private street. Cormissioner Siegfried seconded the motion. The motion was carried, with Ccrm issioner Lustig voting no. OQ•M NICATIO\'S • _Oral - A resolution was read into the record and presented to Lynn Belanger, along with a gold - plated gavel, commending her for her outstanding service to the Saratoga Planning Cormission. ADJCURNNUNr C07russ ioner. Lustig moved, seconded by Commissioner Zambetti, to adjourn the meeting. The motion was carried unanimously, and the meeting was adjourned at 5:10 p.m. o i1pson, r. Secretary , RSR:cd • r U I �r Planning Corunission Page 2 Minutes - Mtg. 12/13/78' J SD -1358 - Gernld Butler (cont.) The number of potential lots were discussed. Mr. Beardsley, representing the applicant, discussed the revised map that had been submitted. It was the consensus of the Cam ssion that they were also concerned with the quality of the lots. Mr. Beardsley posed to eliminate one lot which now takes its exit onto Lira and stated that, in orde } }} to achieve this, they would carbine lots 10 and 11. Arlene Nobriga ressed the Ccrmssion, asking about the use of their driveway to access lots 4 a S. Commissioner Iaden stated that this was a legal matter between the Nobrigas and A . Butler. It was clarified that there is a requirement in the Staff Report that e construction be done under bonding. The Cormission reques ed the applicant to submit a new map showing the new n per of 1 lots and the access. t was directed that this matter be continued to an a j rned regular meeting on Dec er 19, 1978. PUBLIC HEARINGS 7. E -7.78 - H. Teerlink/A. rtini, Mt. Eden Road, Review of Draft Envi onmental Impact Report on a Pro 1 for Residential Project - 42 Lots; Cont ued from November 22, 1978 Staff reported that they were tisfied that the DeMartini portion f the EIR is ade- quate. However, they stated th e are still sane questions regar geology on the Teerlink portion of the project. It was clarified by the City A rney that the Commission could act on the EIR a to each project in a separat3r ashion. Discussion followed on the definiti of "acceptable risk ". . Prendergast, the applicant's geologist, stated that, w th the mitigating meas• s being recaumuended, �. that the risk had been decreased to a evel that was accept e. 11r. Wimberly, of the Inspection Services Departnent, staV that the term " eptable risk" is not quantifiable, and in the ultimate sense e City's assur of reasonable risk comes from the review by the City Geologist. setbacks li in the EIR were also dis- cussed with the applicant's geologist. btr Swett, the consultant, was requested • to sulnit two .2ddenda coverir_g these matte \ Mr. Teerlink, the applicant, stated that he fie ity Geologist's report should have been received by this date, since so much time e apsed since the beginning of the project. Staff clarified that there is still s orthcoming material from Dtr. Teerlink's geologist to be submitted. It was the consens o the Camnission that they were not prepared to act on the Teerlink portion of the P til the City Geologist's report is received. Carmissioner Marshall moved, seconded by C i sinner Z betti, that in the matter of E -7.78, the final EIR for the Do'tartini ti•n only,`tha the Staff Report dated December 7, 1978 be approved to the exte t tit covers my that portion; that the certified EIR is crnrplete subject to th r eipt of the \tko addenda requested, and that the Carmission make the findings at the project will \ave a significant impact on the environment. The motion was rri unanimously. It was directed that the Teerlink rti of the EIR be continukd to the January 10, 1979 meeting, since all the proper dat has not bee submitted to�nake the findings. Mr. Prendergast, the applicant's eol ist, was requested to \su m t all the needed material to the City Geologist so as possible. `�\ 8. UP- 348(b) - Kelly- Gordon Cc to locate in Oa Road t for a Use Permit to allow a\real estate office ing Center, located at 13175 Saratoga - Sunnyvale Commissioner Willi/nthc ired from the discussion and voting on this issue because of a conflict of i The public hearing was opened at 9:02 p.m. Since no one appeared to speak, oner Marshall moved, seconded by Commissioner Siegfried, to close the public hear* The motion was carried. Discussion followe possible limiting of employees or square footage of the office. Crn*.issioetti moved to adopt UP- 348(b) for the Oak Creek Investment • Company, to allow for a 3500 sq. ft. real estate office, per the Staff Report, deleting Condition 1 related to the limitation of the size of the building. The motion was carried. - 2 - Planning Commiss -.,n - Page 2 Minutes 5/23/79 SD -1405 (cont.) requested to submit a revised plan. They added that there is a possi- bility that pony walls will be needed for the garages to keep the road at on-site level. Mr. Kirkeby, the engineer, stated that they were presently in the pro- cess of raising the street approximaFely 2 feet, which will probably necessitate raising the garages 2 feet also on lots 2 and 3. lie added that there are three or four levels on both of the lots, and the slope of the road will be slightly below grade. Commissioner Marshall moved to deny SD -1405 subject to a letter of extension. Commissioner Zambetti seconded the motion, which was carried unanimously. 6. SD -1416 Dividend Industries, Carnelian Glen, 6 Lots, Tentative Map Approval It was reported by .Staff that the Planning Commission recently denied an application for a similar number of lots on this particular street, due to the fact that it did not conform to one of the General Plan ob- jectives - no more than 15 lots on a cul. -de -sac. An option proposed by Staff, using the lands of Johns as a limited access street, was discussed. Commissioner Marshall suggested that the two realistic alternatives are those which have consistently been allowed in the City: (1) a minimum access road, yith the possibility of it being abandoned at a future date, and (2) waiting until the Lehman Estate is developed and there is access. Commissioner Laden stated that, since there is no indication at present that the Lehman property will be developed and what the topography and the possibility of connecting those properties will be, she f.clt that if the subdivision is going to be approved it must be done with a public street. Commissioner Zambetti stated that he would have difficulty approving the subdivision with a minimum access road. Commissioner Siegfried stated that the proposed plans set a terrible precedent, and he felt the best compromise would be to have 4 lots accessing off a minimum access road, and the one additional lot access- ing off of Carnelian Glen. Larry Cohn, 14542 Carnelian Glen, commented that he preferred Staff's option, since it will not come through Carnelian Glen. s' Mr. Ed Backman, of Dividend Industries, stated that they would be pleased to accept either of the plans before the Commission. Discussion of the present proposal followed. It was the consensus of the Commission that this item should be continued, in order that the applicant can submit an alternative plan. Lot K6 was discussed and the possibility of it be.inp eliminated or made larger and buildable by moving the property line, and thereby eliminating an adjacent lot. It was directed to continue this item to June 13, 1979. 7. SD -1413 Gerald Butler, Vickery and lira, 2 Units consisting of 12 lots, Tentative Map Approval rtnff —ro rted that the applicant had asked for a continuoncc of this matter. It was the consensus of the Commission that this proposal allows two additional homes to access onto Vickery, and they would not approve that. No one appeared to address the Commission on this matter. Commissioner Marshall moved to deny SD -1413 for subdivision modification. Commissi.00cr Zambetti seconded the motion, which was carried unanimously. - 2 - III. SUBDTVISTONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS \ .-QUESTS A. APPEAL OF SDR-1290, HULS17 I The City Manager reported that (IRANY) 'IT. EDEN ROAD, TENTA- per the Council's request, TIVE BUILDING SITE APPROVAL, Mr. Irany has met with the staff 2 LOTS, REQUEST FOR SECOND and has no problems with the 1-YEAR EXTENSION (Cont'd. modified conditions of tentative 9/19/79) site approval. M/ S: Corr/Callon to grant the one-year extension, subject to the added conditions of tentative site approval. Carried unanimously. B. REPORT FROM PLANNING DIP—ECTOR The City Manager explained the RE: EMERGENCY ACCESS REQUIRE- reason for agendizing this item MENT FOR SD-1418 (GERALD is to consider whether or not BUTLER, 15015 VICKERY AVE.) the Council wishes to consider Mr. Butler's request for modifi- cation of requirement for an emergency access road. Staff has reported concerning this issue, dated 10/12/79. Councilman I-Tatteoni commented that if th,e Council were to grant this request, it would have to be conditioned so that: 1) When the other road is onened up thrcua-in litigation, the two IoLS WOUld take access off of that; 2) the • applicant would not be entitled • to another exception next year for 4 more units. The City Attorney pointed out that in 1.961 when•the policy was adopted, it was determined the Planning Commission would be given discretion to permit 4 or less lot subdivisions to be on a minimum access road, as opposed to a public street, dependent upon the circumstances of each case. M/S: Kalb/Corr to approve consider- ation of this request, and schedule the item for the next regular meeting of November 7, 1979. Carried unanimously. IV. PETITIONS, 011DINANICES, AND PETTTIONS, ORDINANCES, AND RFSOLUTIONS 0 N S A. MINUTE RFSOLU'rio`i The City Manager referred to the RE: DENOiNSTP�%TION TRAIL AND Parks and Recreation Commission PATW-1AY P"10CPA"1 AS RI CON�21::NIDED recommendation, dated 8/6/79. He BY PARKS & RECREATION indicated one issue cn,-Iie lip at Che col"U'USSIOIN previous Committee of the Whole l e L tin,, relevant to a piece of the 1� proposal which goes from the end of Chester, paralleling, San 11arcos on the Odd FL,11ows pronerty to Fruitvale, and whether or not the Odd Felloc•,s were supportive of this piece of the recommendation. ME III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS Cont d. ZONING REQUESTS A. CONSIDERATION OF A REQUEST M /S: Kalb /Callon to grant the BY GERALD BUTLER, 15015 request, subject to all conditions VICKERY AVE., FOR RECONSIDER- of the tentative map, particularly ATION OF EMERGENCY-ACCESS with regard to improvements on REQUIREMENT FOR SD -1418 Vickery Avenue, with the ultimate (Cont'd) changeover to take access from Lira Drive. Carried 3 to 2, Councilpersons Corr and Kraus in opposition. B. CONSIDERATION OF REPORT FROM The City Manager reviewed the PLANNING DIRECTOR RE: REZONING staff report, dated 11/1/79. BACK PORTION OF PROPERTIES Mr. Zambetti has requested the ALONG OAK STREET BETWEEN THIRD issue dealing with rezoning of AND FIFTH (Cont'd. 10/17/79) property which fronts on Oak Street at the base of the hill be continued for discussion at _._.._.:... the Committee of the Whole Meeting on November 13th. This was agreeable to the Council. C. CONSIDERATION OF REQUEST BY Mr. Robinson, Planning Director,: TOM LAUER TO MODIFY CONDITIONS reviewed this request, along with r IMPOSED ON MINOR 3 -LQT SUBDI- the staff report of 11/1/79. • ` VISION M /S: Callon /Kalb to uphold the Planning Director's interpretation of the ordinance that the kitchen facilities in this dwelling be removed. Carried 3 to 2, Council- persons Corr and Matteoni in opposition. D. CONSIDERATION OF REQUEST BY Mr. Shook, Director of Public ROBERT SNYDER, ALLENDALE AVE. Works, reviewed the staff report, FOR PARTICIPATION IN BRIDGE dated 11/2/79. Council on 7/19/79 CONSTRUCTION (SDR -1334) requested Mr. Snyder have a design prepared in order to obtain cost •: - information regarding bridge widening in connection with his tentative building site approval on Allendale Avenue. It was the consensus of the Council to refer this matter back to the staff to obtain a participation proposal for bridge widening costs. This will be reported at the . next retular meeting of the Council. Mr. Snyder has further requested an extension for completion of improve- ments. M /S: Matteoni /Kalb to approve a 12 -month extension of time on Tenta- tive Site Approval for SDR -1334. Carried unanimously. 0 5 - f - T .. . II. COMMUNICATIONS (Cont'd.) B. WRITTEN 16. Letters re: West Valley Transportation Corridor (Cont'd.): Mr. Vernon J. Richey, Deputy District Dir., Department of Trans- portation, announcing a public hearing on the Corridor. 17. Judge and Mrs. John McInerny, 19175 Monte Vista Drive, re: inter- sections of Saratoga -Los Gatos Road and Horseshoe Drive and Fruitvale and Saratoga -Los Gatos Road. 18. Letters re: development of "Teresi property ". Anne Laura and Charles Schnedler, 12611 Paseo Cerro Mr. Brett E. Cross, 12601 Paseo Cerro 19. Ms. Gail S. Call, 19684 Glen Brae Drive,exnressing support re: new smoking ordinance. III. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. CONSIDERATION OF A REQUEST B7 GERALD BUTLER, 15015 VICKERY AVE., FOR RECONSIDE:,ATION OF EMERGENCY ACCESS REQUIREMENT FOR SD -1418 A,)(.0UW-AA C01II4UNICATIONS Continued for discussion at Committee of the Whole Meeting on November 13, 1979. Noted and filed. Noted and filed. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS Mr. Robinson, Planning Director, indicated he has checked with the City Attorney and with the Planning Commission, and they are in agreement with the inter- pretation that this is a major subdivision and should access onto a public road. M /S: Corr /Kraus to deny the re- quest and uphold the original conditions. The motion failed, with Councilpersons Callon, Matteoni, and Kalb voting in opposition. Q70RUW go O&M&ODO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Planning Commission DATE: April 22, 1977 FROM: Planner I SUBJECT: SD -1296, Gerald Butler, Tentative Subdivision Approval - 6 lots Montalvo Road. This report consists of an evaluation of the proposed Tentative Map for the above project (Exhibit "A -2 "), relative to overall planning concerns.for future development in the area. Included are specific recommendations for action on SDR -1296. SITE AND VICINITY DESCRIPTION (Refer to Fig. 1)- Having an average slope of 60, this 11.95 acre site falls w2thin the R- 1,40,000 zoning district. Access to this property. is available from .three separate sources, all of which are fed by Montalvo Road: 1. Hill Avenue. The existing Arata (property owner) house takes access over this old county road, assumed by the City upon incorporation. 2. Lira Drive. Presently unimproved, this public right -of -way connects the body of the site with Montalvo Road. 3. Montalvo Road. The site has a total of 157 feet of frontage on Montalvo Road at its extreme southerly end. This property is situated directly to the west of Tract 4664 which was split off of the Arata Estate several years ago. The Lira Drive right -of -way passes between two of the lots in Tract 4664. Boardering the southerly end of the site is a private minimum access road which connects to Montalvo Road and presently serves 5 homes. The Arata Estate has legal right of access over said right -of -way (NOTE: Exhibit "A -2" as proposed is dependent upon access for lot #2 coming from said minimum access road - - constituting utilization by a 6th lot). Westerly of the subject property are a two lot subdivision and the San Jose Water Works Vickery Reservoir. These two lots (SDR -790) are provided access indirectly to Lomita Avenue by way of the private extension of Vickery Avenue which wraps around said l reservoir, Beyond the above noted contiguous properties, further to the West, is an 18� acre parcel of land known as the "Young Property ". These 18� acres'are the subject of the Planning Departments long -range concerns in the coordination of incremental development. Lying between the Young Property and the nearest public street, Lomita Avenue, are seven pieces of property, all having some fee title interest in the underlying right -of -way. THE PLAN AS SUBMITTED Exhibit "A -2" provides for a major subdivision of the Arata Estate, creating 5 new 40,000 sq. ft. lots and leaving the owner's home on a sixth lot of approximately 7 acres. Further subdivison of said remaining estate lot would be possible under this approval. The plan maintains a access separation between the Arata home (which was Hill Avenue) and all other lots. Given the parcel configuration, only three of the new lots are able to access through Lira Drive. The remainder, including Lot 412 as noted, take access to the South. Also provided in Exhibit "A -2" is an emergency access right -of -way easement designed to connect with the private access road which winds around the Vickery Reservoir. THE NEED FOR LONG-RANGE PLANNING Exhibit "A -2" as conditioned in the Staff Report dated April 22, 1977 provides a plan which is well designed to address the various on -site considerations. Further, this plan, as conditioned, complies with all applicable zoning and subdivision criteria. However, by virtue of its strict focus on immediate needs, this plan fails to provide the essential access, necessary for development of the Young Property, The problem can be summed up as follows: Subdivision Ordinance Section 13.3 -7 mandates that every major subdivision lot shall front on an accepted (or offered) public street. Section 13.4 -2 l stipulates that every subdivision shall have direct (non- discontinuous) access by no less than one public street (or street offered to the public and improved as such) to the public streeti. system. All this means that a subdivision of 5 lots or more may not be approved on the Young Property unless or until a public street connects to same. Since Vickery Avenue is entirely private, from Lomita Avenue south, with no connecting offers of dedication leading to the Young Property, it may not be considered a suitable means of access to service any major subdivision of said 18� acre site. Given the topographical setting and arrangement of properties in this area, Lira Drive is, therefore, the only means of potential public access to the Young Property. Staff's investigation into the Lira Drive connection question prompted discussions with representatives of the San Jose Water Works Company, relative to access over that parcel lying between Young and Arata. Area topographical maps, field investigations and engineering analaysis collectively led us to the conclusion that a public roadway link over the southerly end of the SJWW reservoir site is not only feasible, but also relatively simple (Fig. 1 shows the possible location of such a lint.). When asked if the Water Works Company would be willing to consider offering a 56 foot right -of -way, Directors responded favorably. Such an offer would be possible, subject to reimbursement from Young for the fair market value of the land area contained therein. c. -2- If we do not provide for a public street extension of Lira Drive to the westerly side of the Arata property (through conditioning of SD- 1296), the resultant long -range alternatives relative to development of the Young Property are four -fold: 1. Said 18� acre - parcel is limited to a maximum yield of four lots, where the normal potential would be three times as much (11 -12 lots). 2. The Commission provides a variance to the developer of the Young Property, from the requirements of Section 13.3 -7 and 13.4 -2. Such action would be inconsistent with previous policy and would further create various maintenance and access problems for future residents and the respective agencies providing urban services alike. 3. The city exercises its power of Eminent Domain to acquire sufficient right -of -way along Vickery Avenue to S provide for a public street. Saratoga has never used this power before for such purposes. 4. The developer of the Young Property is eventually able to purchase or otherwise privately acquire right -of -way to offer to the Public for purposes of providng a public street. This alternative involves a significant amount of risk. The potential of this occuring, given prevelant attitudes toward development, is unlikely. RECOMMENDATIONS_ Section 13.3 -15 of the Subdivision. Ordinance - enables - -in fact requires -- the Advisory Agency to deny street arrangements and designs where it is determined that such arrangement or design will cause "undue hardship to owners of adjoining property at such time as such adjoining property may be subdivided or where it is determined that said arrangements and designs to not "provide adequate and convenient access to said adjoining property ". It is staff's recommendation, after having considered the alternatives, that Exhibit "A -2" be denied without prejudice because it's street arrangement does not provide for the needs of the area. Further, it is recommended that the applicant in this matter be advised to consider a plan which provides for a street arrangement and overall lot design in accord with this reports findings (as represented in Figure 2). Amendment of Exhibit "A -2" as herein suggested need not reduce the applicant's yield or otherwise inflict any negative impacts on said proposed subdivision. Assessment of these.proposed modifications in light of the long -range development potential of the area, leads to the question of traffic dispersal and flow. As shown in Figure 1, the ultimate extension of Lira Drive need not connect to Vickery and Lomita Avenues, except for purposes of emergency ingrees /egress. Through traffic down Montalvo Road or Hill Avenue /Mendelson Lane from the south - village area would thus not result. Maximum load on Lira Drive would increase from the three (3) lots shown in Exhibit. "A -2" to 16 or 17, including Young and the two lots south of the z• reservoir which now utilize Vickery. Finally, should the Commission choose not to accept the Staff's recommendation, then it would be adviseable that the -3- conditions outlined in the April 22, 1977 Staff Report be made binding on Exhibit "A -2 ", and that the negative declaration prepared by Staff be made by the Commission as required by CEQA guidelines. R c ew e, Jr. RTL /lb attachment l A ,HILL AVC. KI 1 \ 11 � P s � 1 L� 1 i • r �•�t� '— uaa oeivc .i Iq 0 I= -� 73' 7� Q[f.' �1 12 (4:2 f I ---------- T. 20 12 (4:2 f I ---------- 20 /6 75 24' t!ti13 I jN 1j1 + m - -�-- -J / t / 1 • CwR.i "r•N �C•:\C[! •\ `� \ \•Y /YO •__._r�.. \ -'.f' !/ r ta,G -. IlM -•1 / � � 1 ' 11. 7 t 5 -; 1. 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C QW \ ''' // `;I j �;,_.s,� .1= �,i•••� u_a: Ow. ,fl +' ; %/ `fir'. , '� I: 1 1 � �•I',r'i•��•: � , , �•tr1 � - \ j r •` �- ;'• ...` 11 i i , � ' � 4' '• \L �',� .;. • � � - `�[ ••�'a\ \: ,` .��� '�\ ' ..'IY, '. / f 7RAC'T. 1:14' �l.Z r, /� r \�.A 0.r\•fJC.h NLiiL1.r .S t.4ACICt:j •i - .�r-�" � �\ �� � /'' _. � -rt,r ,, \ ^t � •f 1, � :..,.;:n:�� .'A',.,LC•c,za t a,, _ _ L,�', >. � ;': it L ., i t..L •• i'i. .1 �'I,� "i74,rttav -' J� \ \\ 1',/r 't, V.._ -, '/, `� �// � \ \` , -1 r t Planning Comni( in � 1 �' Pa Cc 2 � 1� Minutes 5123119 \'\ SD -1405 coat. requested to submit,a revised plan. 'Tlicy added that there is a possi- • bility that °.p:on }'.: -walls will be needed for the garages to keep the road at on -site level. Mr. .Kirkeby, the:c•pgineer, stated that they were presently in the pro- cess of raisins, the street approximately 2 feet, _which will probably necessitate rai'ssing. the garages 2 feet also on lots 2 and 3, lie added that there are three or four levels on both of the lots, and the slope of the road will be slightly below grade. Commissioner'-Marshall moved to deny SD -1405 subject to a letter of extension. Commissioner Zambctti seconded the motion, which was carried • unanimously- 6. SD -1416 Dividend Industries, Carnelian Glen, 6 Lots, Tentative flap Ansroval It was reported by Staff that the Planning Commission recently denied an application for a similar number of lots on this particular street, due to the fact that it dial not conform to one of the General Plan ob- jectives - no more than 15 lots on a cul-de-sac. An option proposed by Staff, using the lands of Johns as a. limited access street, was discussed. Commissioner Marshall suggested that the two realistic alternatives are those which have consistently been al.loa:ed in the City: (1) a minimum access road, with the possibility of it being abandoned at a future date, and.(2) waiting until the Lehman Estate is developed and there is access. Commissioner Laden stated that, since there is no indication at present that the Lehman property will be developed and what the topography and the possibility of connecting those properties will be, she felt that if the subdivision is going to be approved it roust be done with a public street. Commissioner Zambetti stated that he would have difficulty approving the subdivision with a minimum access road. Commissioner Siegfried stated that the proposed plans set a terrible precedent, and he felt the best compromise would be to have 4 lots accessing off a minimum access road, and the one additional lot access- ing off of Carnelian Glen. Larry Colin, 14542 Carnelian Glen, commented that he preferred Staff's option, since it will not come through Carnelian Glen. ?.jr. Ed Backman, of Dividend Industries, stated that they would be pleased to accept either of the plans before the Commission. Discussion or the present proposal followed. It. was the consensus of the Commission that this iterr should be COntirlUCd, in order that the applicant, can submit an alternative plan. Lot P6 was discussed and the possibility of it being eliminated or made larger and buildahie by 1 rnovin,, the property line, and thereby eliminatinl; an !djacent lot. It was dll`ecl> to continue this item to June 13, 1979. 7. SD -141s - Gerrnid Butler, 1'ickery and lira, 2 Units eonsi.sting of 12 lots, _ Tentative M:•rl) A1)p_ro%ra-1------- � if— f=ujor *_ed that they applicant had asked for a continu, ^ncc of this matter. It was the consensus of tiro Commission that thi: proposal a] lov< two additional home.,; to access onto Vickery, au.l they would not approve that. No oil,-, appeared to address the Commission on this ruatter. • Commissioner Mar-:hall moved to deny SD-1418 for subdivision modification, C.ommissiuncr Zamhett:i seconded the notion, which was carried unanirruuSiy. 2 - RUTH, GOING AND CURTIS, INC. ARCHITECTS ENGINEERS PLANNERS Leo W. Ruth, Jr., C.E., M.E. 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297 -8273 . E. Jackson Going, Jr., C.E. William H. Bender, S.E. ar Harry N. Later, C.E. Norton S. Curtis, A.I.A. June 5, 1979 The Honorable City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Job No. 15341 -200 Re: SD -1418, Gerald & Judith Butler, Vickery Ave. - 12 lots Members of The Council: On May 8, 1979, we submitted a request for an amendment to a recently approved tentative subdivision map on the Lands of Gerald Butler, et ux at the terminus of Vickery Avenue, which would have allowed Mr. Butler to develop a subdivision in two units. On May 21, 1979, we received the Planning Department's Staff Report to the Planning Commission recommending a denial of our request. Since we had not yet completed our negotiations for an additional secondary access, nor did we have sufficient time to prepare a response to the Staff's Report, we asked that our request for a new map not be considered until the next Planning Commission meeting of June 6, 1979. On May 23, the Planning Commission decided not to grant us a continuance and denied our request for an amendment without benefit of our testimony. On behalf of Mr. and Mrs. Butler, please consider this letter as our appeal to you for a reconsider- ation of this decision. The purpose of the request for amendment was to allow the Butler property to develop in two units. Unit No. 1 would consist of Lots 3, 4, 5, and 6 taking their access to Vickery Avenue as shown upon the original approved tentative subdivision map, and Unit No. 2, consisting of the remaining lots, taking their access to Lira Drive. As an interim measure, until the second unit is completed, we propose to provide a secondary (emergency) access for the lots in the first unit across Lot 4 and the adjacent Christian Science Society's property to Lomita Avenue. The Planning Staff, in their report to the Planning Commission, has stated that Vickery is "over- burdened" per the City's policies of four units on a private street and fifteen units on a cul -de -sac without secondary access. By providing this secondary access to Lomita Avenue for the first unit and existing homes on Vickery, we are alleviating this condi- tion. Please also note that, with the exception of our proposal. to develop the subdivision into two units and the addition of an interim secondary (emergency) access for the first unit, the proposed . "Amended" Subdivision Map is identical to the tentative subdivision map as was originally approved in December of 1978. The Honorable City Council Job No. 15341 -200 • Wda= City of Saratoga E June 5, 1979 Page 2 On behalf of Mr. and Mrs. Butler, we respectfully request your favorable consideration of our appeal which would allow the amended map. DEB: pc cc: Mr. & Mrs. Gerald Butler David Smith, Esq. DONALD E. BEARDSLEY 0 U717 __O&M SiA �; Glt1 VL i 99 1,7iC12��' fi REPOR T TO M-A-YOR AND CITY COU -N.CI L DATE : 7- 1" - 79 COUNCIL MEETING: 7-18-79 SU:A!ECT- Appeal of SD -1418 - Gerald Butler - Vickery Avenue SUHMARY : The Planning Commission decision to deny the tentative map unitizing the earlier approved 12 -lot subdivision, located at the ends of Vickery Avenue and an extension of Lira. Dri ire , is • being appealed. The proposal would allow Mr. Butler to build two residences at the end of Vickery Avenue, thus incr.easin.g the number of units taking access onto Vickery. RECOMMENDATION: Uphold the Planning Commission decision to deny'the tentative ma.p on the grounds that it is not consistent with the General Plan, and that the exception for the allowance of subdivision lots on a minimum access road cannot be made. BACKGROUND: After certifying an EIR, malting an on -site inspection and care- fully reviewing the proposed 13 -lot subdivision, the Planning Commission approved a 12 -lot subdivision for the subject site, formerly the Young property. The hillside site, zoned R -1- 40,000, i%ras planned to be accessed by an extension of Lira Drive in 1977. Th.e major issue of the subdivision became hoia the site would be. accessed. The eventual. solution involved two major points - -the number of units taking access onto Vickery was to remain the same as presently exists, and the potential number of lots on Lira Drive (including an earlier Butler tentative map, the Arata and Olavarri properties) was limited to 15, thereby reducing the Butler subdivision to 8 lots on the proposed Lira Drive extension. In • doing this', the Planning Commission granted an exception to the Subdivision Ordinance by allo�iing two subdivision lots to access on a mininaim access road from Vickery. This exception was granted since the traffic on Vickery was not being increased, and the subdivision would also benefit: Vickery by providing an cmergcncy ccess road. Appeal of SD -1413 - Gerald Butler BODY OF REPORT: July 13, 1979 Page 2 0 The map presently being appealed would have the four lots deriving access from Vickery in the first unit and the eight lots deriving public access from Lira Drive in the second unit. By unitizing the project, the applicant could receive Final Approval for each unit separately. The ability of the applicant to extend Lira Drive is presently being reviewed by the courts. Thus, the applicant wishes to unitize.the project and build on the first unit. Allowing the applicant to build on the first unit would allow an increase in the number of units on Vickery by two, since the two Olavarri residences (presently accessing to Vickery) would not be switching their access to Lira Drive as resolved in the approval of the original tentative map, SD -1353. Presently two Olavarri residences, the Toyon Lodge, as well as units from at least four other lots, take access onto the private portion of Vickery Avenue off of Lomita. Thus, Vickery is "over- burdened" per the City's policies of four lots on a private street and fifteen housing units on a cul -de -sac without secondary access. .Submitted by � Robert F. B-y r R. S. I r: binso, Jr„/ City Manager Planning Director Date: July 13, 1979 Preparation Cost: 1? Manhours $13.00 Total Cost RSR /KK:cd Attachments • REPORT 1 CB s4 Qq TO � MAYOR ' AND CITY COUNCIL DATE: 7 -26 -79 COUNCIL MEETING: 8-01-79 SUBJECT: Appeal of SDR -1418 - Gerald Butler - 12 Lots Tentative Building Site Approval SUMMARY: In a recent meeting on Monday, July 23, 1979, between the Mayor, the applicant and the Planning Director, Staff was directed to prepare a report summarizing the history of what has transpired with this particular piece of property from the time the applica- tion was made in January 1977 to the present time. BACKGROUND: In January 1977 Mr. Butler applied for a 7 -lot subdivision on the Arata property near Montalvo Road. The item was heard by the Subdivision Committee and continued by the Planning Commission several times "pending resolution of the access problems ". The Subdivision Committee considered maps showing the cul- de- sacing of Lira Drive (Exhibits "A -1" and "A -211). On April 22, 1977 the Planner I wrote a memo to the Planning Commission evaluating Exhibit "A -2" and recommending that Lira Drive be put through to the Young property. After discussion the Planning Commission denied the application (SD -1296) without prejudice, in order to allow the applicant the opportunity to submit revised plans reflecting an alternate circulation plan which would more effectively allow develop- ment of the adjacent Young property. In May 1977 the applicant sub- mitted a revised plan (Exhibit "A -311) reflecting a six -lot sub- division with Lira Drive being a through street. At their regular adjourned meeting of May 31, 1977, the Planning Commission approved this 6 -lot tentative map. In October 1978, the Commission granted a one -year extension of this map, SDR -1296, from November 30, 1978, after taking public testimony and discussing the matter with the City Attorney. . In February 1978, Gerald Butler applied for a 13 -lot subdivision on the Young property. An EIR was required and heard by the Planning Commission in September 1978. Eight people from the Montalvo and Vickery areas, as well as the Planning Commission, commented on the I Appeal of SDR -1418 Gerald Butler - 12 Lots Tentative Building Site" Approval July 26, 1979 Page 2 EIR and more wrote in c'om'ments for the Final EIR. In October the Commission certified the EIR as complete and adequate, noting that the proposed development would have a'significant impact upon the environment. They then�_expressed concerns on the proposed tenta- tive map for 13 lots, including 1) whether to approve the proposed Lots 4 and 5 which- ,access via a minimum access road in the riparian woodland area, and. -2), the potential number of lots to access on Vickery. After lengthy discussions on November 22, 1978 the Commission approved (in concept) a 12 -lot subdivision for the Young site "given the caveats that access-onto Vickery be maintained at no greater number than that which presently exists...; that the number of lots accessing off of Lira be set at a number which, when com- bined with all the other potential and existing lots on Lira, would not exceed 15; (and) that an emergency access road be constructed, between the termination of Lira and Vickery to provide predominantly for the larger number of lots on Vickery than would normally be approved...". In December 1978 at an adjourned regular meeting, the Planning Commission approved a 12 -lot tentative map as redesigned to meet the conceptual approval conditions. Attached for your review are the minutes of the meetings mentioned in this memo (no minutes were taken.at the Subdivision Committee meetings) and_the April 22, 1977 memo. Date: July 26, 1979 Preparation Cost: RSR /KK:cd Attachments Submitted by R. S. obinso , it. Planning Director 5 Manhours $55.00 Total Cost 0 • 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 August 3, 1979 Mr. Donald E. Beardsley Ruth, Going and Curtis, Inc. 919 The Alameda P. 0. Box 26430 San Jose, CA 95159 Dear Mr. Beardsley: As you know, the Saratoga City Council at its regular Meeting on august 1, 1979, again considered your appeal on behalf of 7erald and Judith Butler re: SD -1418. The City Council, after further consideration, on a four to one vote, approved granting Sthe appeal subject to the two following conditions: 1. That there be ?.n emergency access road for this subdivisi.o-n until such time as the second unit of the tentative map which has been approved is completed, 'ihe two existing lots currently accessing onto Vickery -Xould access on the Lira Drive when the total subdivision is developed. These conditions will be added to your approved tentative map_ If you have any questions concerning this matter, please do not hesitate to contact Rob Bobinson, Planning Director, or Bob Shook, Director of Public Works. Very truly yours, oi,�rt F. Beyer City ilanager F,0 / ck Director of .Public ?forks • Planning Director REPORT R ,W TO MAYOR AND CITY COUNCIL DATE: 10 -12 -79 COUNCIL MEETING: 10 -17 -79 SUBJECT' SD -1418, Gerald Butler, Tentative Map Approval, 12 Lots ---------------------------------------------------------------------------- SUMMARY: This report responds to the Council request to assess the accuracy of the list of private streets with more than 4-or 15 housing units, as submitted by Mr. Butler, and encloses previous reports and minutes on the subject subdivision. RECOMMENDATION: 0 Uphold the Council's original decision to require an emergency access per the General Plan. BACKGROUND: The applicant received Tentative Map Approval for 12 lots on the former Young property at the end of Vickery in the R -1- 40,000. zoning district from the Planning Commission in December 1978 (SD- 1358). The applicant later applied to unitize the project into 2 units; one unit of 4 lots was proposed to access by Vickery Avenue and the other unit of 8 lots was proposed to access through Lira Drive. The Planning Commission denied the unitized subdivision since it would increase the traffic on Vickery which had been a part of the final compromise reached after hearing from the Vickery and Montalvo residents. On appeal, the City Council approved the 2 units subject to the two following conditions: 1. That there be an emergency access road for this subdivision until such time as the second unit of the tentative map which has been approved is completed. 2. The two existing lots currently accessing onto Vickery would access onto Lira Drive when the total subdivision • is developed. Report to City Council RE: SD -1418 - Gerald Butler BODY OF REPORT: October 12, 1979 Page 2 . Planning Staff has reviewed the history of the City policy con- cerning 15 lots on a cul -de -sac and 4 lots on a private street. Prior to 1975 the City had evolved an unwritten policy of allow- ing 13 lots on a cul -de -sac for a subdivision. At the same time, parcels on private streets were allowed to divide into 4 or less lots. Then in 1975, the Subdivision Ordinance was rewritten and stated: Sec. 13.3 -7. Public street access to lots. "Every lot shall either front on an accepted public street or on a street offered for dedication to the public and improved as in this ordinance set forth, except that the advisory agency may allow the follow- ing: A subdivision of four or less lots to front on a minimum access street which is improved to the standards therefor and which need not be dedicated or offered for dedication to the public." Sec. 16. Statement of Policy. "Not as a mandate, but as a statement of future policy on all matters concerning the design and improvement of sites and subdivisions, the following shall generally not be approved: (c) Cul -de -sac, dead -end, or other street not having a means of secondary access, where such street services more than fifteen lots or building sites." In checking the list of private streets submitted by Mr. Butler, Staff finds that most of the streets were made up of record lots that were created before September 1975, These lots are allowed to develop under present policy by obtaining building site approval and complying with the approval conditions as long as no lot lines are adjusted. However, Live Oak Lane, Vessing Road and Marion Road require further explanation. Parcels on Live Oak Lane and Vessing Road, both private roads, have been allowed to split since 1975. These splits have resulted in more than 15 lots on Vessing and more than 4 lots on Live Oak Lane. Staff can find no discussion in the files about the numbers of lots. However, concerning the 4 lots, the City Attorney has stated that the Subdivision Ordinance, Section 13.3 -7 allows any parcel on a minimum access street to be divided into 4 or less lots. Thus many divisions of 4 or less lots could result. However, any subdivision lot (5 or more lots) must front on a "public street or on a street offered for dedication to the public ". On Marion Road a five -lot subdivision was granted by.the Planning • Commission (Tract 5676) in March 1975. At that time the applicant was required to build the public street in front of the five lots, but the rest of the street remains as a 20 ft. minimum access road. C SDR -1418 - Gerald Butler November 1, 1979 . Page 2 made for a major subdivision of twelve (12) lots, and not a minor subdivision of less than four (4) lots. Therefore, all lots must access onto a public street per Section 13.3 -7. The Commission granted an exception to allow four (4) lots to access onto Vickery Lane. The unitization does not alleviate the applicant of the responsibility to conform to the provisions of the Subdivision Ordinance mentioned above. One of the purposes of the Subdivision Map Act is to prevent parcel by parcel development which can circumvent master planning. Con- sidering this as a 4 -lot development without recognizing the remain- ing contiguous parcels would not only circumvent the City's General Plan but circumvents the public hearing process and the resulting compromise. —�--- Submitted by' Ro ert F. Beyer A. S.IRO inson, Jr. City Manager Planning Director Date: November 1, 1979 Preparation Cost: RSR:cd E 2 Staff Hours $25.00 Total Cost I REPORT TO MAYOR AND CITY COUNCIL N I W. ATE 1 1 DATE: 11-1-79 COUNCIL MEETING: 11-7-79 SUBJECT: SDR -1418 - Gerald Butler, Vickery Lane (continued from 10- 17 -79) ---------------------------------------------------------------------- - - - - -- SUMMARY: This item was continued from the last City Council meeting. In reviewing the matter with Staff and the Planning Commission, there were several points which should be clarified before the Council makes a final decision on this matter. RECOMMENDATION: Option #1: Deny the request and uphold the original conditions. Option #2: Direct the applicant to reapply for a four -lot subdivision. Staff is recommending that the City Council uphold their original conditionsto require a secondary access. BACKGROUND OF THE REPORT: The Planning Commission denied the request of Mr. Butler to unitize the subdivision on the basis that two (2) extra units would be accessing onto Vickery Lane. This point regarding the extra units on Vickery Lane was discussed at great length before numerous people at the Planning Commission level when SD -1358 was discussed. The Council heard the appeal of SD -1418 and approved the unitization of the subdivision, subject to two conditions which Mr. Butler could not meet. The item was discussed and continued to this particular meeting. BODY OF THE REPORT: The most important fact to remember is that an application was CJ Report to City Council October 12, 1979 • RE: SD -1418 - Gerald Butler Page 3 Additionally, a two -lot subdivision was denied by the LDC on Marion. Road this year. The Council, on appeal, granted the lot split since no possibility for secondary access existed for the subject parcel. At this point, a proposed 3 -lot subdivision on Maude Avenue has been continued by the LDC and referred to the Planning Commission for consideration of over 15 lots on the cul- de -sac. No possibility for secondary access exists for this parcel. This applicant's project involves a subdivision. When the Planning Commission granted the tentative map, they also granted an excep- tion to Section 13.3 -7 of the Subdivision Ordinance, allowing 4 lots to be served by a minimum access road. This exception was granted, in part, because of the emergency access road, being offered, to improve the Vickery Avenue safety situation. Submitted by Robert F. S. Rb inson, r. City Manager Planning-Director Date: October 12, 1979 Preparation Cost: RSR /KK:cd Attachments E 6 Manhours $65.00 Total Cost MEMORANDt 1� -1 0 0MEW @9 O&UMEX(DOZ 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Planning Commission FROM: Kathy Kerdus SUBJECT: SD -1521 & SD -1522 - Gerald Butler DATE: 7/9/82 At your meeting on June 23, 1982, the Planning Commission requested 1.) a slope - density calculation of the site under present HC -RD standards; 2.) an evaluation of the total traffic potential on Montalvo Rd., including potential lots, and 3.) an estimate of the total traffic to Villa Montalvo. If the sites were zoned HC -RD, the following maximum numbers of lots would be allowed: SD -11521 - with 12 acres at 24% slope = 3.72 or 4 lots SD -1522 - with 11.95 acres at 7% slope = 5.3 or 5 lots - with 5.3 acres at 5% slope = 2.44 or 2 lots An estimate of the potential additional lots using Montalvo Road would be: Montalvo Lane - Montalvo (Arata) Montalvo - Lira Montalvo at Hill Montalvo.at Hill Montalvo - Beck 2 2 15 (Arata) - 5 (Rivoir & Smith) - 7 site - 1 TOTAL = 32 Staff suspects that a number of these lots would be difficult to split to create this projected yeild due to site configuration, slope geology or access require- ments. However, given these numbers, this would cause an additional 384 trips per day at 12 trips per houshold. The FEIR for the Young site lists the 1974 average daily traffic as 460. —� In the George S. Nolte & Assoc. report to the City for the Specific Plan Circulation, the consultant states: "An important criterion for evaluating traffic volume is effect on residential life -style or "environmental capacity." This is a highly subjective matter and difficult to quantify. An example of planning guidelines are the traffic volume "goals" used by the City'of San Jose. They consider a volume of up to 1,000 vpd satisfactory for a local residential street, and a volume of up to 3,000 vpd satisfactory for a residential collector stree . T n Jose � Memo to Plannina Commission 7/9/82 SD -1521 & 1522 - Gerald Butler Page 2 guidelines may be somewhat high for Saratoga hillsides........." (October 1, 1980). Villa Montalvo estimates that they have 50 -60 vehicles per day using their facility or 18,000 - 20,000 trips annually. They have 150 parking spaces on site. Cam• Kathy kerdusI Planner KK /dsc P.C. Agenda 7/14/82 I -*y July 26, 1982 Saratoga City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Q ej vi JUL 2 71982 RE: SD -1521, SD -1422, Butler Tentative Subdivision Approval and Extension of Lira Avenue Dear City Council Member: I am an urban, regional and environmental planner with several years experience in the preparation of general plans, traffic studies and environmental impact reports. On behalf of Mr. and Mrs. Davad Arata and other concerned residents of the Montalvo area, I would like to submit the following comments for your consideration on the proposed Butler Tentative Subdivision Maps. I have attached for your review my recent letter to the Planning Commission on this subject which I will make reference to in my remarks below. Project Impacts The major concerns with respect to project impacts consist of traffic generation and distribution and community disruption. It is my pro- fessional opinion that traffic impacts of the Butler projects have been underestimated in the 1978 Environmental Impact Report. This is based on the use of textbook assumptions about household trip genera- tion rates, rather than empirical evidence based on household surveys and field observations. My estimate is that the actual trip generation potential of the projects could be 1.2 to 2 times greater than what is estimated in the 1978 EIR. My rationale for this is discussed on pages one and two of the attachment. Secondly, the 1978 EIR is inadequate in its discussion of cumulative impacts of the proposed project. Specifically, peak hour traffic from Villa Montalvo has not been estimated for Montalvo Road. And Hill Avenue traffic is not discussed at all. Furthermore, there is no discussion of impacts of total development potential in the project area, which has been estimated to be 32 homes in addition to the proposed Butler projects. The California Environmental Quality Act requires that all cumulative impacts of a project be addressed. Further discussion of these issues is presented on page three and five of the attachment. Saratoga City Council Member July 26, 1982 Page Two General Plan Consistenc While the density of the project conforms to your existing general plan designation for the si.te, two possible conflicts may exist which deserve careful deliberation. These issues are summarized below and discussed in detail on pages four and five of the attachment. First, several of the policies currently under consideration in the revision of your general plan emphasize the need to 1) preserve the existing character of your community, and 2) understand the cumulative impacts of new development, especially on existing traffic corridors, before making decisions on singular parcels. It is my contention that approval of the Butler subdivisions at this time may conflict with both of these policies. Secondly, State Planning Law mandates that all elements of a city's general plan be in conformance with Planning Law requirements, and that all elements be internally consistent with each other. Section 65586 of the Government Code is quite specific about the need for the Housing Element to be in conformance with the law by October 1, 1981. However, it is my understanding that you are currently working on a revision to your Housing Element, which has not yet been adopted. If this is so, there may be some question as to whether you can legally approve a pro- ject subdivision when all of your elements are not yet up -to -date. Significance of Planning Commission Decision Before deciding on the appeal to the Planning Commission decision on the Butler subdivision projects, I think it is important to consider seriously the significance of their decision. In my viewpoint, as a professional planner, the Planning Commission denial of the projects signifies the following: • A very real concern that the project is out of character with the existing environment, both in terms of density and the impacts which that density may cause. • An understanding of the need to consider cumulative impacts of all projects in an area, especially on traffic, as the basis for deciding on individual parcels. Saratoga City Council Member July 26, 1982 Page Three • An understanding that although the projects may conform to the existing general plan designations for the sites, that approval of these projects as currently designed may conflict with gen- eral plan policies regarding the need to maintain established neighborhood character. • In effect, an understanding of the need to balance an indi- vidual's objectives to develop his private property for profitable purposes against the need to reflect the general health, safety, and welfare of the community in decisions on individual parcels of land. In summary, the Planning Commission decision on the Butler projects reflects the general wishes of the majority of residents in the Montalvo area who stand to be affected most by the development. This consensus is not intended to deny an individual his right to develop his property. Rather, it is intended as a means to consider other measures which might be incorporated in the design of the project and the area-circulation system to soften potential projecte.d-impacts. Such measures may include a reduction in density of both parcels, perhaps to Hillside Residential Zoning district standards, which would reduce the development potential of SD 1521 from eight to four lots and SD 1522 from five to two lots. Another measure may include re- designation of Montalvo Road from a collector street to a local street.in your general plan. This step could be taken in recognition that the traffic impacts of a collector street, when considered in the sense of the cumulative development potential of the area which the street could accommodate, may be significantly detrimental to the existing and future character of the Montalvo area neighborhood. In conclusion, I urge you to sustain the Planning Commission decision so that a better project can eventually be approved which conforms more closely to your community development policies and preserves the character of a valued residential neighborhood. Sincerely, Gwae c William S. 'ebron Enclosure WSZ /DKS Saratoga City Council Member 13777 Fruitvale Avenue Saratoga, Ca. 95070 L Z� � The deteriorating road in front of the ever - increasing traffic and the keep up with needed (and reported) Q`sC�C�DMf�D „v 1. 2 91982 20201 Hill Avenue Saratoga, Ca. 95070 July 29, 1982 R6 Gerald Butler's two appeals, Lira Dr. and Montalvo Rd. our home is evidence of inability of the city to repairs. Despite the sharp U turn on a blind curve at Mendelsohn Lane and Hill Avenue, even very large, heavy construction trucks grind up Hill Avenue and bump and sail down. More accidents than are recorded have occurred at this curve. All traffic ( passenger, service, repair, construction, etc.) to and from Los Gatos and Highway 17 and up Montalvo Road uses Hill Avenue. The ever - increasing noise, speeding, air pollution and road damage is obvious. On week -ends partic- ularly there are many tourists using Hill Avenue going to Montalvo. On a recent Sunday Montalvo's parking area was again inadequate. Hill Avenue was again a parking lot, and again at least one car was parked partly across one neighbor's driveway . Even buses carrying passengers from the West Valley College parking lots to Montalvo have come up Hill Avenue. And when Montalvo has special events, police officers are stationed at Montalvo Road and Hill Avenue to direct down Hill Avenue all traffic not intending to attend the event. It's a STREAM. I hope you agree it is not wise to increase these problems. Respectfully yours, Margaret Dennis A T T A C H M E N T Ms. Louise Schaefer Chairperson Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Reference: SD -1521, SD -1422, Butler Tentative Subdivision Approval and Extension of Lira Drive Dear Ms. Schaefer: On behalf of Mr. and Mrs. David Arata and other concerned resi- dents of the Montalvo area, I would- like to comment on the pro- posed Butler Tentative Subdivision Maps currently under your consideration. I am an urban, regional and environmental plan- ning consultant with several years experience in the preparation of general plans, transportation studies, and environmental im- pact reports for small and large scale residential and commercial projects. My comments are based on a thorough review of the Final Environmental Impact Report for the earlier Butler proposal, which included Tracts 6732 and 6731; an assessment of.background reports on geology, soils, traffic and other studies; a review of your city's current general plan; discussions with Saratoga city planning staff, ,Mr. and Mrs. Arata and other concerned citizens, and a brief site visit. Before going further, I wish to state that none of my following remarks are intended to challenge the work of Ruth and Going, whose professional excellence in site planning and sub - division design is undisputed. My comments on the project center around the issues of project impacts and general plan consistency. Project Impacts 1. The 1978 Environmental Impact Report uses a 1970 Caltrans document entitled Trip Ends Generation Research Counts as the reference to establish a trip generation rate for the proposed residential units. This publication is now considered to be'out- of -date, and a more recent publication by the Institute of Traffic Engineers entitled Trip Generation Manual, (2nd Edition), published in 1979, is-now considered the standard source document for estimating traffic generated by new housing developments. In general, the more recent publication does not differ significantly from the earlier Caltrans study in its assumptions regarding traffic generation. In fact, the more. recent publication recommends use of an average daily trip rate of 10 vehicle trips per dwelling unit, which would result in a lower overall rate of traffic generation for the Butler Subdivision than that predicted in the 1978 EIR, which used the earlier Caltrans assumption of 12 trips per dwelling unit. However, in my experience, neither the Caltrans nor the Institute of Traffic Engineers documents are adequate as the the basis for estimating traffic impacts from the Butler Subdivision. It is my judgement that the use of assumptions from these reports could seriously underestimate traffic generation from the Butler Subdivision for the following.reasons: o Trip generation figures from the publications are based on sample surveys of single - family home subdivisions with distinctively different. socioeconomic characteristics than the Butler Subdivision neighborhood area. The average size subdivision in these surveys contained 506 dwelling units located primarily in middle class susburban areas throughout the United States. The average development density was 3.5 units per acre, and the average automobile ownership was 1.6 vehicles per unit. In the Butler Subdivision area, development density ranges from 1 dwelling unit per acre to 1 per 6 acres. Automobile ownership, based on discussions with some landowners, could range from 2 to 5 cars per unit. Also, although it has not yet been verified, it is felt that the ITE and Caltrans' assumptions are based on areas with a higher percentage of transit use than the area in question. o If revised assumptions regarding automobile availability are applied to the Butler subdivision, trip -generation estimates from the projects may be significantly greater, perhaps by a factor of 1.5 to 2. This is based on the application of an average daily trip rate of 6.5 trips per vehicle' to 3 vehicles per unit, which is nearly 20 trips per dwelling unit per day. o Based on my preliminary review of the EIR traffic study, it is my opinion that the only way to accurately predict traffic generation from the project is to conduct an independent household transportation survey, rather than depend on studies that are representative of a typical American suburb, but not of Saratoga. 2. Past traffic studies used for measuring traffic generated by 2 the project are inadequate in their discussions of traffic flow on Montalvo Road and Hill Avenue. The major flaw is a lack of quantification of current peak hour traffic on either road. Page 22 of the 1978 EIR states that peak hour flow on Montalvo Road between Hill Avenue and Saratoga -Los Gatos Road is 46 vehicles, which seems to be based on the simple assumption of peak hour flow being equal to 10% of the total daily volume of 460 vehicles. However, at the end of the same paragraph, it is' stated that traffic on Montalvo Road "may increase considerably when public events are held in the Park." Yet there is no estimate of how much traffic increases, and what kind of traffic conditions will result when the Butler subdivision traffic is added to Montalvo Park traffic during the peak hour. Discussions with local residents who have been associated with the Montalvo Service Group for many years indicate that the 145 car parking lot at Montalvo is never adequate for large events, and that many classes, theatre events and other activities are ongoing throughout the year, in addition to the annual Yule Festival which can attract 3,000 people over a 3 day period. Other discussions with neighborhood residents indicate that Hill Avenue is used quite frequently as a major route of access to Saratoga -Los Gatos Road. Yet the traffic studies I have seen do not quantify Hill Avenue traffic, and as a result, there is no firm basis from which to make an assessment of possible traffic impacts from the project. Based on the factors discussed above, my judgment is that both traffic generation and distribution characteristics of this project are not clearly understood. The only method for achieving such an understanding is to conduct an independent traffic study which assesses and quantifies existing and project induced traffic based on household surveys and field observation, rather than textbook assumptions that only depict the "average" case. 3. Finally, with regard to project impacts, I am satisfied that the necessary steps are being taken by the City, through your geological consultant, the developer and concerned neighbors through their own independent studies, to clarify any uncertainties regarding the geological and soils impacts of the project. However, I would request that you be absolutely certain regarding all geological questions, especially the status of the ancient landslide and possible impacts of Lira Drive on the adjoining Arata property, before deciding on this project. General Plan Consistency On the face of it, it would appear that the project as proposed is consistent with your current general plan. The proposed project calls for lot sizes ranging from .9 to 2..5 acres per unit, which conforms to the very low residential density designa- tion for the site. Upon closer examination,two possible con- flicts may exist which deserve careful deliberation. 1. Through my experience, a test of the adequacy of a general plan is that it be definitive enough.to establish decision - making guidelines for development in a community, while being flexible enough to reflect new community values, conditions and needs. Also, the manner in which you implement the plan is the real test of your commitment to the goals, objectives, policies and pro- grams of the plan, not_the mere adoption of the plan itself. With regard to the proposed Butler Subdivision, I request that you think carefully about how you will implement the following goals and policies proposed for adoption in the amendment to your 1974 general plan, which is on the agenda for your discussion later tonight: • Further residential development in Saratoga shall, through site plan requirements, respect open space as much as possible. • The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and adjacent surroundings. • Control the density of development in the hill areas, including the Sphere of Influence, to protect the aes- thetic qualities of the City. • Preserve the low density and natural character of Sara- toga by the inclusion of permanent open space and land- scaping within the City. • Insure the quality of the natural environment and the character of the City through appropriate regulation,of site development. • Maintain and enhance the character, quality and liveabili- ty of the,City's residential neighborhoods. • Relate new development and its land uses to existing street capacities. • The capacity of existing streets shall be recognized in advance of construction of any project. Design criteria for new development shall be used to minimize disruption to the area caused by through or heavy traffic. o The`cumulative impact of new development shall be con- sidered prior to land use decisions on individual parcels. 4 In summary, the goals and policies speak to the very significant issues of preserving open space, preserving the existing character of your community and seeking to understand the cumulative impact of new development, especially on existing traffic corridors, before making decisions on singular parcels. I would like to commend you on considering such policies,which are designed to maintain and enhance the Saratoga environment. However, I "would like to caution you that approval of the Butler subdivision at this time may conflict with many of these policies, especially the ones designed to understand cumulative impacts of development proposals. Has the cumulative impact of the Butler subdivision really been considered? Statements contained in recent letters to the Planning Commission and discussions with local residents indicate the development potential of the immediate area to be at least 20 units, in addition to the proposed project. To my knowledge the cumulative effects of this development have not been examined. 2. A final point deals with the overall internal consistency of your existing general plan. The State Planning Law mandates that all elements of a city's general plan be in conformance with Planning Law requirements, and that all elements be internally consistent with each other. This is especially important with regard to the housing element, which was mandated to be in con- formance with State Planning Law by October 1, 1981, as required by Section 65586 of the Government Code. It is my understanding that the current revision of your general plan includes your housing element, which has not yet been adopt- ed. Since all land use approvals, including tentative subdivi- sions, must conform to your general plan, there may be some question as to whether you can legally approve a project when all elements of your general plan are not yet up -to -date. In closing, I urge you to follow through plan policies. You should delay a deci S vision until a comprehensive study of especially on traffic, of the proposed development surrounding the project, is be commissioned by those residents who tial to be affected by the project. Sincerely, 1 William S. iebron 5 on your proposed general ion on the Butler subdi- the cumulative impacts, subdivision and future made. Such a study could have the greatest poten- 20020 Scotland Drive Saratoga, Calif. 95070 July 29, 1982 Saratoga City Council 13777 Fruitvale Ave. Saratoga, Calif. 95070 To whom it may concern: viEE, DO JUL 3 01982 It has been brought to my attention that Gerald D. Butler has applied to you for approval to build on Lira Drive in Saratoga and that there are 8 lots involved. I really approve of building these superior distinctive homes and I believe they would be an asset to our Saratoga community. I sincerely support this subdivision in conformance to: A. 1977 Vickery /Montalvo Traffic circulation plan. B. Saratoga General Plan of 1974 with Montalvo as a local collector street. Sincerely, i Harriet Rosenberger SCS. Almost identical letters received from: Sylvia C. Smith, 20552 Ashley Ellie Kiewel, 13634 Howen Drive Arly Jepson, 20000 Charters Ct. Helena Fancher, 18265 Purdue Drive RUTH AND GOING, INC ARCHITECTURE ENGINEERING PLANNING 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297 -8273 July 20, 1982 The honorable City Council City of Saratoga 13777 F ruitvale Avenue Saratoga, CA 95070 Dear Council Members: -CE WE Do JUL 2 11982 Leo W. Ruth, Jr., C.E., M.E. E. Jackson Going, Jr., C.E. William H. Bender, S.E. Harry N. Lalor, C.E. Donald C. Landberg, C.E. Albert W. Ostoff. A.I.A. 15341-300 1.5341 -600 It is my understanding that the City Clerk has set August 4, 1982 as the date for the City Council to consider the appeal of the Planning Commission in denying subject tentative sub- division maps, SD 1521 and SD 1522. Should the Council members desire to preview the properties involved, I will be available at your convenience to walk the properties and describe the proposed development. 1 can be reached at 297 -8273 and I am available in the evenings at 289- -8007. Very truly, ." q IF ------ Harr T. Lalor cb cc: Gerry Butler Kathy Kerdus Mayor Linda Callon Martha Clevenger Jack Mallory Virginia Laden Fanelli David Moyles RUTH AND GOING, INC ARCHITECTURE ENGINEERING PLANNING 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297 -8273 July 19, 1982 The Honorable City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: SD 1522 Dear Council Members: Leo W. Ruth, Jr., C.E., M.E. E. Jackson Going, Jr., C.E. William H. Bender, S.E. Harry N. Lalor, C.E. Donald C. Landberg, C.E. Albert W. Ostoff, A.I.A. 1,5341 -300 JUL 2 11982 :4 This letter is written on behalf of Gerry Butler to supplement his appeal of July 16, 1982 based on the Planning Commission's denial of subject tentative map.. Since the report of the Planning Commission's actions is not yet available, this supplement reflects my understanding of the denial and is based as a participant and observer of the hearing on July 14. We respectfully request the right to address additional items should the actual repot of the Planning Commission express concerns not contained in this appeal. it is our opinion that the a:tion of the Planning Commission was arbitrary and not based upon an analysis of the proposed development's conformity to the zoning ordinance, general and specific plans for this property and the immediate surroundings nor acknowledge the mitigation measures proposed as part of project development in accordance with the finally adopted environmental impact report. The following is a summary of the concerns expressed by the Planning Commission in their denial: 1. Increased traffic on Montalvo Road. 2. Removal of trees. 3. Lack of privacy extended to the King and McDonnal properties necessitated by the extension of Lira Drive, The following is a more detailed analysis of the above concerns: The Honorable City Council 15341 -300 July 19, 1982 Page 2 1. TRAFFIC In evaluating traffic circulation and roadway alignment, the Planning Commission considered both tentative maps SD 1521 and SD 1522. Both maps were filed by Mr. Butler and the impacts considered accumatively. Traffic from both tentative maps would increase traffic on Montalvo Road by approximately 32_ %. The Planning Commission determined that if all un- developed properties within the Montalvo tributary area were developed, Montalvo Road traffic would increase by 83 ± %. This increase in traffic was considered untenable. Grounds for Appeal Montalvo Road is designated on the General Plan as a residential collector. Such roadways are anticipated to carry an average daily traffic (ADT) of 1,000 - 3,000 trips per day. Development of SD 1521 and SD 1522 and the remaining un-developed properties within this vicinity would not exceed ADT of 1,000. Even if the impact of traffic were twice than that anticipated within the Environmental Impact Report, it would still be well within the capability of the roadway capacity envisioned by the General Plan. In 1977, SD 1296, a five -lot sub - division of a portion of the lands of Arata, was denied by the Planning Commission in that it did not provide for the extension of Lira Drive to service the Butler property (SD1521). This map was subsequently redrawn to provide for the extension of Lira Drive and was ultimately approved by the City Council on July 6, 1977. Prior to Council approval, the Planning Commission adopted the "Vickery -Lira Drive Circulation Plan," a specific area plan decreeing the access and circulation proposed by SD 1521 and SD 1522. The Planning Commission's action in denying this current tentative map is neither in conformance with the specific area circulation plan or the General Plan designation using Montalvo Road as a residential collector. 2. The Honorable City Council 15341 -300 July 19, 1982 Page 3 REMOVAL OF TREES The extension of Lira Drive through the San Jose Water Works parcel will remove a cluster of mature eucalyptus trees. The stand of trees within the right -of -way is approximately forty feet by thirty feet and contains seven significant trees and lesser saplings. This alignment and subsequent tree removal is unavoidable as right -of -way for an alternate alignment is not controlled by Mr. Butler. While the loss of trees is a short term environmental degradation, the eucalyptus is not native to this area. The project proposes a re- planting program to mitigate the long term impact. 3. LACK OF PRIVACY Lira Drive was designated as a public street upon recording of Tract 4646 and offered for dedication to the City of Saratoga in 1967. As far as the King and McDonnall residences are concerned, Lira Drive is an "existing street." This same tentative sub - division map was previously approved by the Saratoga City Council on appeal in July 1977. A final sub - division map would have been filed and the improvements constructed were it not for a private lawsuit filed by Mr. and Mrs. David Arata, Jr. objecting to the extension of Lira Drive. The Planning Commission has subsequently granted two extensions to that tentative map approval, the last of which expired in January 1981. A new sub - division map was not filed until such time as Mr. Arata had lost his lawsuit and Mr. Butler was able to re -file the tentative sub-division map. We respectfully request your favorable consideration and re- affirmation of three prior approvals by over - ruling the action of the Planning Commission and approving tentative sub - division map SD 1522., Very truly, Harry N. Lalor c cc: Gerry Butler Mayor Linda Callon Jack Mallory Kathy Kerdus Martha Clevenger Virginia Laden Fanelli David Moyles RUTH AND GOING, INC ARCHITECTURE ENGINEERING PLANNING .r9 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297 -8273 July 19, 1982 The Honorable City Council City of Saratoga 13777 Fruitvale Avenue Saratoga; CA 95070 RE: SD 1521 Dear Council Members: JUL 2 11982 Leo W. Ruth, Jr., C.E., M.E. E. Jackson Going, Jr., C.E. William H. Bender, S.E. Harry N. Lalor, C.E. Donald C. Landberg, C.E. Albert W. Ostoff, A.I.A. 15341 -600 This letter is written on behalf of Gerry Butler co supplement his appeal of July 16, 1982 based on the Planning Commission's denial of subject tentative map. Since the report of the Planning Commission's actions is not yet available; this supplement reflects my understanding of the denial and is based as a participant and observer of the hearing on July 14. We respectfully request the right to address additional items should the actual report of the Planning Commission exprss concerns not contained in this appeal. It is our opinion that the action of the Planning Commission was arbitrary and not based upon an analysis of the proposed development's conformity to the zoning ordinance, general and specific plans for this pro-per-ty and the immediate surroundings nor acknowledge the mitigation measures proposed as part of project development in accordance with the finally adopted environmental impact report. The following is a summary of the concerns expressed by the Planning Commission in their denial. 1. Increased traffic on Montalvo Road.. 2, increased water run --off and erosion. 3. Geological concerns. 4. Removal of wind and sound break. 5. Density of development. The following is a more detailed analysis of the above concerns: The Honorable July 19, 1982 Page 2 1. TRAFFIC City Council 15341 -600 In evaluating traffic circulation and roadway alignment, the Planning Commission considered both tentative maps SD 1521 and SD 1522. Both maps were filed by Mr. Butler and the impacts considered accumatively. Traffic from both tentative maps would increase traffic on Montalvo Road by approximately 32_ %. The Planning Commission determied that if all un- developed properties within the Montalvo tributary area were developed, Montalvo Road -traffic would increase by 83±%. This increase in traffic was considered untenable. Grounds for Appeal Montalvo Road is designated on the General Plan as a residential collector. Such roadways are anticipated to carry an average daily traffic (ADT) of 1,000 - 3,000 trips per day. Development of SD 1521 and SD 1522 and the remaining un-- developed properties within this vicinity would not exceed ADT of 1,000. Even if the impact of traffic were twice than that anticipated within the Environmental Impact Report, it would still be well within the capability of the roadway capacity envisioned by the General Plan. In 1977, SD 1296, a five-lot sub - division of a portion of the lands of Arata, was denied by the Planning Commission in that it did not provide for the extension of Lira Drive to service the Butler property (SD 1521). This map was subsequently redrawn to provide for the extension of Lira Drive and was ultimately approved by the City Council on July 6, 1977. Prior to Council approval, the Planning Commission adopted the "Vickery -Lira Drive Circulation Plan," a specific area plan decreeing the access and circulation proposed by SD 1521 and SD 1522. The Planning Commission's action in denying this current tentative map is neither in conformance with the specific area circulation plan or the General Plan designation using Montalvo Road as a residential collector. The Honorable City Council 15341 -600 July 19, 1982 Page 3 2. STORMWATER RUN -OFF AND EROSION Concern was expressed that development would cause an increase in erodable materials to be deposited downstream which would aggravate the flooding condition experienced in the Winter of 1982. Grounds for Appeal The Butler property (SD 1521) is not tributary to the area of concern expressed by project opponents. The "Creek" providing stormwater drainage to the Young property is of sufficient capacity to accommodate project flows. Project development and the production of "permanent landscape" would reduce the impact of erosion on the present plowed field. Present City policy limits the grading operation to non -rainy months, thus providing for construction mitigation. 3. GEOLOGY The Planning Commission expressed concern that a portion of the Young property comprised an "ancient landslide." In addition, soils testing for the extension of Lira Drive from Montalvo Road to the Butler property was not previously undertaken. Grounds for Appeal Subsequent to the Planning Commission's meeting on July 14, 1982, Terratech, Inc. performed field testing of the Lira Drive extension and testified at the hearing that there were no geotechnical limitations which would preclude that roadway's development. On two occasions, the City's consultant geotechnical advisor, William Cotton, has reviewed the project maps and reports and has recommended approval of the tentative map with standard conditions. 4. The Honorable July 19, 1982 Page 4 TREES City Council 15341 -600 The extension of Lira Drive through the San Jose Water Works parcel will remove a cluster of mature eucalyptus trees. The stand of trees within the right-of-way is approximately forty feet by thirty feet and contains seven significant trees and lesser saplings. This alignment and subsequent tree removal is unavoidable as right -of-way for an alternate alignment is not controlled by Mr. Butler. While the loss of trees is a short term environmental degradation, the eucalyptus is not native to this area. The project proposes a re- planting program to mitigate the long term impact. 5. DEVELOPMENT DENSITY The Planning Commission pointed out that even though the present General Plan designation is very low density residential with zoning of R -1- 40,000, the surrounding properties have developed at a much larger lot configuration thus warranting a reduction in the numbers of lots . of the proposed sub - division. In addition, it was suggested that since the properties adjacent to SD 1521 are designated HCRD, Mr. Butler's property should be considered for re- zoning to that designation or developed within the spirit of that designation. Grounds for Appeal All properties surrounding SD 1521 which contain a residential designation indicate a very low density. Designation for slope conservation extends to those properties southwesterly of Kitteridge Road.. The property immediately southerly of SD 1521 is a portion of Tract 462, Saratoga Height., containing 13.4 acres and eight developed lots. HCRD would allow this property to develop four building sites. The Honorable City Council July 19, 1982 Page 5 15341 -600 The property southeasterly of SD 1521 contains approximately 17 acres and comprises the residence of Hardy, Dorsa, Moreno, Miller, Follmer and the two Oliveras. With the exception of the one additional lot potentially developable on the remaining Olivera property, this area is developed. HCRD applied to this property would provide for four building sites. HCRD applied to SR 1418, the original 18 1/2 acre sub - division originally approved for the Butlers, would allow six building Thus, Mr. Butler's sub - division is consistent with the densities of the existing surrounding development. SD 1418, as originally proposed in 1978, requested approval for thirteen lots. The Environmental Impact Report recommended that the three lots then proposed for the steeper portions of the property be reduced to two. The reduction of one lot wasultimately accomplished and thus a reduction in density has already been achieved. Lots 6 and 7 which comprise the steepest portions of the property each contain an excess of two and one -half acres and provide open space easements to ensure hillside preservation. sites. In February 1978, the terminations of conformity and acceptability were made when tentative sub - division map SD 1358 was approved. A final sub - division map for the entire twelve lots would be recorded today were it not for Mr. and Mrs. Arata's private lawsuit concerning the extension of Lira Drive. This lawsuit was not resolved nor was Mr. Butler able to control the right -of -way for the Lira Drive extension until this month. In November 1979, the Saratoga City Council approved the development of SD 1358 into two units. A final sub - division map for the four parcels with approved access to Vickery Lane was recorded. The remaining eight lots with access stipulated to Montalvo Road via the extension of Lira Drive was not able to proceed due to the lawsuit. Based on instructions from the Council in November 1979, Mr. Butler did not pursue extensions of that tentative sub - division map until the access problem had been resolved. The Honorable City Council 15341 -600 July 19, 1982 Page 6 We respectfully request the Council's favorable consideration and re- affirmation of the two previous development approvals by overruling the recommendation of the Planning Commission and by approving tentative sub - division map SD 1521. Very truly, Harry N. Lalor cb CC. Gerry Butler Kathy Kerdus City Council Members: Mayor Linda Callon Martha Clevenger Jack Mallory Virginia Laden Fanelli David Moyles _fVWilliam Cot;% -fin and Associates TO: Kathy Kerdus Senior Planner SUBJECT: Butler (SDR -1521) RE: Landslide Evaluation GEOTECHNICAL COka=; _TANTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 July 7, 1982 RECEIVED JUL 8 1982 PERMIT REVIEW At your request, we have evaluated the landslide conditions of the Butler properties in relation to those of the Parker Ranch project. It is our understand- ing that the Planning Commission has raised a concern regarding the apparent incon- sistency between our recommendation for development within "landslide" areas on the Butler parcels and on the Parker Ranch property. We clearly appreciate the reason for the.concern, however, we believe that the landslide on the Parker Ranch is quite different from the landslide mass that has been mapped on the Butler parcels. The Parker Ranch landslide is actively being eroded along the canyon area located at the toe of the mass. Therefore, it was our recommendation that no development,be permitted on the landslide unless a detailed geotechnical analysis could demonstrate that the landslide possessed a high degree of stability. The developer of the Parker Ranch and his consultants made the decision not to undertake the necessary analyses and to leave the landslide terrane undeveloped. It should be understood that the Parker Ranch landslide may indeed have a high degree of stability, but the developer made a business decision not to invest the time and expense to analyze the mass. ' In contrast, the landslide deposit within the Bu_tler parcels is not presently being actively. eroded by any stream'nor does the deposit exhibit steep topography. This landslide is considered to be an old landslide deposit that has been stable for a long period of the geologic past. The surface expression of the landslide clearly indicates that the landslide has not moved for possibly thousands of years. Additionally, we concur with the applicant's consultants regarding the very low potential for future movements of the mass. In conclusion, we believe that the Parker. '.Ranch landslide "appears" to have a much higher degree of instability than the landslide mass within the Butler parcels because of the erosional activity at its toe. However, because the developer of the Parker Ranch chose not to determine its stability, it does not necessarily mean that this conclusion i.s true. In our opinion, when the land- slide mass located within the Butler.pa'rcels is judged by the geotechnical data completed to date, it has a very low probability for failure. Sincerely yours, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING William Cott n -)ry and Associates GEOTECHNICAL C0N`zf'_-:TANTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 June 21, 1982 T0: Kathy Kerdus, Associate Planner City of Saratoga SUBJECT: Butler SD -1521 We have completed a geologic review of the subject application using the Tentative Map (100- scale) prepared by Ruth and Going, Inc. dated May 5, 1982. In addition, we have reviewed a number of pertinent documents from our files. DISCUSSION We have previously reviewed the subject property using the Geologic and Geo- technical Investigation (report) prepared by Terratech, Inc.-and-dated June 1978. Upon completion of.that review, we recommended a conditioned approval of the Tentative Map. CONCLUSIONS AND RECOMMENDED ACTION Since there are no significant changes on the Tentative Map (from a geotech- nical viewpoint), we recommend approval with the conditions outlined in our previous review (July 21, 1978), and below: 1) Geotechnical Plan Review - The project geotechnical consultants should review and approve the geotechnical aspects of the develop- ment plans (i.e. grading, drainage, 'foundation, retaining wall, etc.). Prior to issuance of grading or building permits, the results of these reviews and the,approved plans should be submit- ted to the City to be approved by the City Engineer and Geologist. 2) Geotechnical Field Inspection - The project geotechnical consult- ants should inspect an •approve all site preparation and grading, excavations for foundations, retaining walls and drainage improve- ments, utility trench backfilling and placement of capillary breaks for slabs -on- grade. Prior to final approval, a summary describing the results of these inspections and the as -built con- ditions of the project should be submitted to the City. CIC,' Gctiatc�Gti 7 a �1� -1i-z Respectfully submitted, v %11r� William R. Cotton City Geologist CEG 882 ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING 4i RitCI;IVED JUL 14 1982 PERMIT REVIEW July 13, 1982 Planning Commission City of Saratoga Saratoga., Ca, 95070 Rye, Butler subdivision map For good planning, the traffic from the property (tract 6732)_ west of the San Jose Water Works property should flow through the street close.by rather than through Lira Drive. We share the concern of our neighbours about the traffic and safety hazard if Lira Dr. is extended beyond the Sar. Jose Water Works property. Very truly-yours, N. A, Billawala 20252 Hill Ave. # Saratoga, Ca. 95070 VMS, SAW 1 EIVEU:.tl( It vl�l (21 JUL 1 A 1982 COMMUNITY DEVELOPMENT t't��C�.. -�- � ,�-- �C�-�' . - �s� -�-- 1��c�C� �r-z+ �.► roc- .� -�'.: 11Ce 17- i 7t% 'o�'Z.._- e��-- E�'_ --- tR le, `-- , ts ce -C-7—c, AL"t Alic AW/ - -17 Yl T7t/ AF0, -L�-L " tl� lzv� ,,9 o � � - `~. . �. 11 July 8, 1982 The Honorable Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: SD -1418, Gerald and Judith Butler Extension of Tentative Map Approval Dear Planning Commissioners: 15341 -200 Tentative sub- division map SD -1358 approved by the Planning Commission in December 1978 provided the first approval for Mr: Butler ;s.development of the lands formerly of Young. This approval provided for four lots to have access off Vickery. Avenue and the remaining eight lots to have access off the extension of Lira Drive, through the lands of Arata and San Jose4Water Works. The extension.of Lira Drive was contested by Mr. Arata and the subject of litigation not resolved until 1982. The tentative sub - division map SD -1418 approved by the City Council in November 1979 acknowledged the inability to develop those eight lots requiring access to Lira Drive and granted the first unit of development approval to those four lots .which had access to Vickery Avenue. At that time, Mr. Butler was advised by the Council that furhher consideration of the eight lots would necessitate resolution of the Lira Drive extension. Th.is•matter will be finally resolved on July 23, 1982 and Mr. Butler will be in a position at that time to convey to the City of Saratoga all rights -of -way necessary for the extension of Lira Drive. On behalf of Mr. and Mrs. Butler it is reppect-fully requested that the period within which a final sub- division map for the remaining eight lots be filed be extended for a period of two years in aco.ordance with the provisions of Section 18.2 of the Sub- Division Ordi nonce . The Honorable Planning Commission 15341 -200 July 8, 1982 Page 2 If extended, a final sub - division map would have to be filed prior to May 7, 1983. As you are aware, we have filed tentative sub - division map SD -1521 which is the eight lot portion of SD -1418. The Planning Commission may find it less cumbersome to extend the original conditions of approval than proceding with an entirely new map. We request your consideration of this approach. 4 REC: WED JUN 2 3 1982 June 23, 198G COMM UNILLY D"c41 'MoP TO C:i�y c;ounci o aratoga FROM Robin & Freda Jeffs 20500 Lomita Avenue, Saratoga. RE Lira Drive Development There are several points I should like the City Council to consider con- cerning the Lira Drive development. Firstly, the City Council stipulated in November 1978 that although the private portion of Vickery Avenue (often referred to as Vickery Lane) has more houses on it than allowed by City Ordinance, permission would be given for two new houses to be built as part of the Lira Drive subdivision, with access on to Vickery Lane. This concession was granted provided that the two original houses on the parcel, both of which also had access on to Vickery Lane, would have their access moved permanently on.to Lira Drive as soon'as it was built. Since the two additional houses have now been built and occupied, I should like to request a reassurance that this stipulation will be met. Secondly, I should likd some reassurance that Lira Drive will be built and usable before any house construction begins, to avoid unnecessary use of the Lane for heavy trucks and equipment. Mr. Butler agreed to this at an earlier Planning Commission meeting. The third point I should like to stress is that once Lira Drive is built, there seems to be no reason why the Lane needs to be used for "emergency" access when the route up Montalvo Road on ,to Lira Drive (the new public street) would be much better and easier. fora fire truck or ambulance. There is no satisfactory or certain way.of ensuring that any "emergency" access up Vickery Lane granted to this-subdivision, would not become public access, other than by construction of a permanent barrier. It is a great concern of all residents I have spoken to along Vickery Lane that no through access be provided. Such a barrier,built just above the entrance to the reservoir, would allow the Water Company to continue to use the same entrance, and have full access to its facility. Also, any concession to one homeowner to have a key to a gate which would allow him alone to use the Lane, would in the future undoubtedly bause major problems with the residents of the new development, who would naturally expect the same privileges. These are my immediate concerns, and I should welcome reassurances on these points from the City Council and from the developer of the subdivision. itruly, RUTH AND GOING, INC ARCHITECTURE ENGINEERING PLANNING 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297 -8273 Leo W. Ruth, Jr., C.E., M.E. E. Jackson Going, Jr., C.E. William H. Bender, S.E. Harry N. Lalor, C.E. Donald C. Landberg, C.E. Albert W. Ostolf, A.I.A. June 21, 1982 .SUN 21 X982 15341 . PERMIT REVIEW Ms. Kathy Kerdus Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Tentative Maps SD -1521 and.SD -1522 Dear Kathy: Based on Comments made by interested parties during the Planning Commission tour of the properties of subject tentative maps, it was apparent that modifications or adjustments would be in order to provide clarity and obtain greater public acceptance. Attached are ten (10) copies of the revised maps or, which.we have made the following adjustments: I 1. We have added a public street turnaround to the Montalvo Road terminus. 2. Addition of a stop sign on Lira Drive at Montalvo Road. 3. Provisions for a windbreak screen to be provided along the southerly side of Lira Drive to mitigate. the removal of the existing eucalyptus trees. 4. Better delineation of the five foot contours on tentative map SD -1521. It would be appreciated if these maps are presented to the Commission on June 23, 1982. Very truly, tarry Lalor cb enclosures ^ 1 JAMES V. MARINO, D.D.S., INC. 516 WEST REMINGTON DR. SUITE 4 -A SUNNYVALE, CALIFORNIA 94087 TELEPHONE 739 -1383 June 21, 1982 Ms. Kathy Kerdus Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Kathy: RECEIVED JUN 21 log;, PERMIT REVIEW I received my copy of the Ruth and Going response letter prepared by Harry N. Lalor on behalf of Gerald Butler's proposed developments SD 1521 and SD 1522. May I say that the report is as fine a job as any client could possibly expect from an engineering firm. There is, however, more to the issue than is set forth in this seven page report. May I direct your attention to the following items: Item 5. "Sewer and water services are not adequate to serve the Arata.property.11 Response: The Dorsa property is the most noteworthy example of long- standing water pressure problems. There have been periods of unexplained pressure loss for the past 15 years. Mrs. Metz and Mrs. Fulde also complain of poor water pressure on Montalvo Road. Water Department records should bear -ouyt these facts regarding pressure. Also, the Lalor Report may not reflect the overall truth of the matter since many incidents of pressure loss.were not reported. Item 6. "The acreages shown on the tentative map indicate lot sizes less than 70,000 sq.ft." Response. An evaluation of the size of the properties adjacent to the proposed development on the Montalvo Road side indicate the following acreages: Name Acres Name Acres Dorsa 2.00 Parsons 1.208 Marino 1.91 King 1.019 • Miller 2.02 Hardy 1.0 Source: Office of County Follmar 3.67 Assessor Book 517 Page 18 Olavarri 6.38 It is inappropriate to survey SD 1521 and SD 1522 for maximum usage because it is not in keeping with the area. It may be legal on paper, but it is not ma.ral to destroy the beauty of Saratoga on paper. The value of these proposed sites as well as the value of the established properties is directly related to the presence of trees, birds, deer, squirrels, red fox and chipmunks, etc., not to mention the lack of noise. It is a unique area remaining within the city limits of Saratoga. JAMES V. MARINO, D.D.S., INC. Sib WEST REMINGTON DR. SUITE 4 -A SUNNYVALE, CALIFORNIA 94087 Page 2 TELEPHONE 739 -1383 Surgical textbooks do not list fees for life saving procedures. Engineering reports do not list asking prices for building sites. Planning Commissions, however, are asked to judge what is best for the future of a community. If the bottom linen is a reduction in the number of building sites and a change in the direction of the road to save a little more of the environment, then it must be considered part of the responsibility of community planners. Item 9. "Lira Drive extension across the San Jose Water Works property will require removal of mature eucalyptus trees providing a wind break for the Arata residence." Response: If the Arata family knew this road was to be constructed in the proposed extended form they would never have sold the property. The removal of seven or more mature trees would destroy a wind break and increase sound conduction not only for the Arata residence but for the entire canyon. There is no way to predict the noise level change that will be caused by the removal of these trees. There is also a similar grove of eucalyptus trees on the site adjacent to the Montalvo gate, not mentioned in the report but probably also in jeapordy of removal in the future. Item 10. "The extension of Lira Drive should be extended'southerly onto the Olavarri property rather than through the eucalyptus grove." Response: The Planning Commission and the City Council have it within their power to grant a variance to the Olavarri's to permit a future building site on the remaining property in exchange for granting permission to cross the lower part of their land. 1 Item 11. "Other properties within the immediate area have the potential to develop nineteen additional lots. The impact of these developments should be considered at this time." Response: It may very well not be the duty of Mr. Butler to bear the expense of future studies but it is the duty of the Planning Commission to examine these facts. It is exactly this kind of (lack of) thinking that permitted the Christian Science Church to be built in such a way that the Young Property became landlocked in the first place. In conclusion we request a reduction in the number of building sites in the SD 1521 and SD 1522 development. We also request a change in the location of the Lira Drive extension so as to prevent the removal of any of the eucalyptus grove. Respectfully submitted, Dr. and Mrs. James V. Marino 20553 Ylontalvo Lane Saratoga, CA 95070 William Cot- and Associates TO: Kathy Kerdus, Associate Planner City of Saratoga SUBJECT: Butler, SD -1522 GEOTECHNICAL CONS: be restricted to site preparation and grading, site drainage and design parameters for residential foundations and retaining walls. In addition, the investigation should include a description and evaluation of the region- al and local geologic setting as well as a detailed engineering geologic evaluation, including map(s) and cross section(s), of the proposed access road alignment. Prior to issuance of grading tigation should be submitted Engineer and Geologist. and /or building permits, the results of this inves- to the City to be reviewed and approved by the City Respectfully submitted, William R. Cotton City Geologist CEG 882 William Cotton and Associates -_1 J U IN 1911 1982 c MMUNITfq� E! OPMEI ; (i v` Ft- . ...... .. IL A it c t l > : , �v,� -r— E,•�,� �- ;.,� jam, jr / •� fVw.•. J,T —_:'s :_•_ .. / • Z> RECEIVED JUN 21 1W June 20, 1902 PERMIT REVIEW To whom it nay concern: I have enclosed the words to a son- I wrote about 3arato;;a. I airs se.ndin,j it as m^,; contribution to the we all love. Let's face it, anyone would :-T;:nt to �-jr i to a toga to r�1ke sure it reruns involved, 'out 1 ho-oc -U-le rror el "ort bein;; made to _)rotect the beautiful city 1 J , :iarato a is one o:� �1i�' 1GL•T places le:--t about tiniic_7 song. It's up to you and to the citizens o 0arv.._ such a place. I art not one t0 become politically Is o" this sonz trill sp oak for ne. I 1'? Vv near t:? ' ^rOpOSed - V;ler subdivision and, of course, I an concern --d .. a')out its dew .lop -meat. I .-risk Uhat the property could remain :�n its natural stF.te. I '.-no-,T '2,is is not _DOSiible. let, I truly* believe that One's man desire to '.lrotect his nei ;hborhood shot_tld be -riven as rnzch consideration as another P-an's desire to nkalte a pro :it. Therefore, I ask you to listen to the ci tisens whose environment is bein-; threatened and -to lower the density of this development. Let as little daria:;e as possible be done to these beautiful hills. Icy son;; says it better. "Let's stand .ward with the oak t -rees, so our children will ?now /—his same Sarato a, crown of the valley below." Thank you, Anita Yontgomery 1 ,F SARAT 01.'1 Nora Paul i ,lsson s :vinery to �i; :�asin : -h r =tom i- ,rcc to ;lest 'f al cy, Quito to Mont.alvo, ;lherever you are, it's a good place to -o, ;lhcn you're in Sarato a, crown of the valley below. Look at those mountains, covered t -rith trees. Stand on tho -foothills, °gel the soft breezes blo:rin. Walk throuf ;h the viila�;e, peo_Dle sr!li n hello, And you're in Sarato ;a, crown of the valley below. The world's -;Teen all around you where the wild toyon ;rows. And down from the mountains, ,11ildrood Creek comes flowin ,-. A thousand old oak trees stand ;ward over 7rou `,Then you're in Sarato -,a, ;fie-re the old world's still new. ., All of the beauty only nature can brim; Birds still come nest here,listen to their sweet sin,dxk-,. And dozen From the'mountains, deer still make their way Here in aarato a, wl-:ere there's beauty all day. The world's chanted all around us; here there's much that's the same. If we lose what we have no:,t, :we'll bear the shame forever. Let's stand guard with the oak trees, so our children will kno:•r This same Sarato7a, croi -m of the valley below. :From Paul Yasson's :dinery to Yi,; -3asin May, From fierce to :lest Valley, Quito to i`ontalvo, Jherever you are, it's a ood place to ;;o .Ohen you're in Sarato: ;a, croon of the valley below. CO" 1972 ., ^ndta font rompry REGFivE:D JUN 21 19W PERMIT Rr�,IEVI June 20, 1982 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 "r—cEIV ED JUN 2 J' 1982 PERMIT REVIEW Reference: SD1521, SD1522, Butler Tentative Subdivision Approval and Extension of Lira Drive A number of concerns were verbally expressed at the Planning Committee of the whole meeting of 15 June and on site meetings of 16 and 17 June. Some of these concerns have been answered by Mr. Lalor, of Ruth and Going, Incorporated, Mr. Butler's Engineering Representative. I would like to document these concerns to insure consideration by the Planning Commission. 1) Update the Environmental Impact Report for Tract 6732, which included Tract 6731 at the time of report, and require an Environmental Report on Tract 6532 because the tracts have the proposed Lira Drive in common and in reality are a 14 unit subdivision. 2) Traffic - The 1978 Draft Environmental Impact Report uses a 1970 Caltrans document as re- ference to estimate increased traffic on Montalvo Road. The EIR does not address in- creased traffic on Hill Avenue, Bonnie Brae Way and Mendelson. This document and the EIR Report ignore the demographics of the Montalvo- Mendelson area where the majority of the residents have 2 - 5 vehicles with eligible drivers. The 1978 draft EIR states that traffic on Montalvo would increase by 33.9 percent. We believe that this figure is grossly under- estimated. Montalvo Road narrows to 16 feet just north of Hill Avenue and while additional traffic increases the danger to walkers and school children in all the Montalvo- Mendelson area, this particular section becomes extremely dangerous. 3) Location of Lira Drive - The proposed Lira Drive extension would require removal of a group of Eucalyptus trees that serve as a wind break for the homes to the East and a noise barrier for the homes to the South. The proposed road also (2) crosses two potential unstable areas per the 1978 EIR. The removal of the trees can be circumvented by moving the road South to skirt the grove but this requires use of Mr. Olavarri's land which may reduce potential develop- ment by one lot. Previous planning commissions have set a precedent for this when the land of the Parson's residence was reduced from 2 acres to 1.66 acres to accommodate a future widening of Hill Avenue. 4) Watershed - The 1978 draft EIR alluded to precautions to be taken relative to runoff. This matter should be studied in light of last season's overflow conditions on the properties downhill from the proposed tracts. Consideration should be made for additional run off due to tennis courts and swimm- ing pools. 5) Lot Size - The homeowners of Montalvo- Mendelson have advocated larger lot size requirements since the 1974 General Plan Adoption. The lots bordering Tract 6532 on three sides are all in excess of 1 full acre. Consideration should be given to increasing Tract 6532 from minimum allowable .92 acre to a size that is compatible to those lots to the South and West of the tract. 6) Cost to Taxpayers'-7 Assuming that the development is such that property taxes are $10,000 per year, Saratoga will recoup $.035 per dollar or $350 per developed lot, This will amount to $4900 per year for the 14 lots. Ignoring that 30% of this revenue is for police protection, this dollar amount will not pay for maintenance of Lira Drive plus additional maintenance required for Montalvo and adjacent streets. The 1978 draft EIR states that up to 2000 gallons or 4 tons of solid waste whould be generated per week which must be transported down Montalvo Road. This, plus the potential slide damage to Lira Drive and flooding of lower Montalvo Road, is not a reasonable cost that Saratoga taxpayers should have to bear. 7) Water Source - Water pressure in the Montalvo- Mendelson area is 45 -55 pounds while the majority of Saratoga is 80 -100 pounds. Additional development utilizing this source will cause further deterioration of the situation. 8) Provision should be considered to protect the privacy of two lots, adjacent to the Lira Drive right of way, which were developed with the impression that Lira Drive was a cul -de -sac. The King residence pool is a beer can throw from the Lira Drive right of way and should be protected with a natural barrier. (3) 9) Future Planning - The problem we are discussing is a result of lack of proper future planning. The comments on the 1974 General Plan map for area "I" are two terse comments versus up to 20 paragraphs for other areas. This suggests that minimum thought was expended for a large amount of undeveloped land. The Christian Science Church and development of Tract 6731 led directly to this problem we are discussing. We encourage the Planning Commission to consider development. of at least 20 units, in addition to those under consideration, and the impact that this future development will have compounding the problems generated by the proposed development. The majority of the homeowners in the Montalvo- Mendelson area are here because of it's relaxed rural atmosphere. Please do not help to contaminate the area with urban sprawl and busy streets. Regards, T 67Jack Christian 20230 Bonnie Brae Way I Saratoga, CA 95070 JC:nab RUTH AND GOING, INC ARCHITECTURE ENGINEERING PLANNING 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE. CALIFORNIA 95159 (408) 297 -8273 Leo W. Ruth, Jr., C.E., M.E. E. Jackson Going, Jr., C.E. William H. Bender, S.E. Harry N. Lalor, C.E. Donald C. Landberg, C.E. c(('''� yr'r yy--�� Albert W. Ostolf, A.I.A. k~"� Lrj V GIB) June 21, 1982 . JUN 21 1982 15341 11411T REVIEW Ms. Kathy Kerdus Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Tentative Maps SD -1521 and SD -1522 Dear Kathy: Based on comments made by interested parties during the Planning Commission tour of the properties of subject tentative maps, it was apparent that modifications or adjustments wculd be in order to provide clarity and obtain greater public acceptance. Attached are ten (10) copies of the revised maps on which we have made the following adjustments: 1. We have added a public street turnaround to the Montalvo Road terminus. 2. Addition Montalvo 3. Provisiol provided Drive to existing of a stop sign on Lira Drive at Road. as for a windbreak screen to be along the southerly side of Lira mitigate the removal of the eucalyptus trees. 4. Better delineation o.f the five foot contours on tentative map SD -1521. It would be appreciated if these maps are presented to the Commission on June 23, 1982. Very truly, %Ea4rry Lalor cb enclosures RUTH AND GOING, INC ARCHITECTURE ENGINEERING PLANNING 919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 '4081297-11271 Leo W. Ruth, Jr., C.E., M.E. ar,M,,,E. Jackson Going, Jr., C.E. William H. Bender, S.E. Harry N. Lalor, C.E. Donald C. Landberg, C.E. Albert W. Ostolf, A.I.A. June 18, 1982 15341 Ms. Kathy Kerdus Planning Department City of.Saratoga . 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Kathy: At the Saratoga Planning Commission Committee -of -the Whole meeting on Juie 15, 1982, various questions were raised concerning SD -1521 and SD -1522 tentative sub - division maps for the " Arata and Young Properties." . My notes indicate that comments were made by Mrs, Audrey Smith, Mr. Fred King, Mr. Jack Christian, Mrs. Alma Arata, Dr. James Marino and Mr. Geno Costello.- While these comments were directed to the Planning Commission, I.wish to take the opportunity to respond to their concerns on behalf of Mr. emerald Butler, the owner and developer. Since several statements were repetitive, icy comments will speak to the general concerns rather than to specific statements. 1. An environmental impact report should be required.for the " Arata sub-division" as a negative declaration is inappropriate and a new environmental impact report should be required for the "Young Property" as the 1978 report does not speak to current traffic impacts or the effects of erosion which were made apparent by the recent rains. In addition, the original soils report was prepared after a two year drought and did not assess the impact of ground water.. Response: The negative declaration granted for the " Arata Property" emanated from the fact that the sub- -division contained fewer than ten lots,was consistent with the General Plan and no significant impacts were identified in the initial study. The environmental impact Ms. Kathy Kerdus June 18, 1982 Page 2 15341 report prepared in July, 1978 for the "Young Property" acknowledged that the "Arata Property" development had been approved and impacts for the "Young Property" were accumulative to the existing approvals. To our knowledge, no additional developments have been approved in the vicinity which would change the impacts identified at that time. Thus, no new trips have been added to Montalvo Road as a result of project approvals. It has been our experience that with the exception of the period of immediate construction, development of agricultural lands are less subject to erosional forces than the existing condition. At present, both the "Arata and Young Properties" are either cultivated or disked for fire abatement leaving the top soil in a loose and erodable condition. Site improvements would create impervious surfaces and generally tend to provide permanent ground cover and /or landscaping which reduces erosion. With proper mitigation.during construction, a condition of tentative map approval, this concern does not appear warranted. The time of year during which soil samples are obtained does not invalidate the testing of soil stability. The presence or absence of ground water in test borings does not invalidate the testing procedure or the ultimate recommendations. Both the soils investigation and reports for the "Arata and Young Properties" indicate that the site soil conditions are suitable for the proposed residential developments. 2. The trees within the Lira.Drive right -of -way will be removed as a result of street construction. Response: None of the existing trees within the public right -of -way need be removed to accommodate the twenty -six foot paved roadway section. It is anticipated that a shift of the roadway within the right -of -way would be required in order to preserve the twelve inch oak tree at the Montalvo Road intersection. Ms. Kathy Kerdus 15341 L9 June-18, 1982 Page 3 3. The Lira Road right -of -way was never intended to be a public street and was only set aside to provide tractor access to the residual lands of Arata . Response: The 1968 sub - division of the Arata property fronting on Montalvo Road provided for the dedication of this strip of land as a public street. The tentative sub - division map identified the property to be sub - divided into four lots exiting on to Lira Drive and two additional lots with access to Montalvo Road as shown on the present map. A "deed of trust" was recorded against the undeveloped portion of the " Arata Property" to ensure construction of Lira Drive through Tract 4646, the original six -lot sub - division. 4. Will the development cost for the extension of Lira Drive be borne by the adjoining property owners? Response: Two lots adjoin the extension of.Lira Drive from Montalvo Road to the " Arata Property." Neither the King property nor the McDonnal property will bear any cost or expense in the development of the public thoroughfare. This response would not be applicable to any encroachments or unauthorized improvements constructed by the adjoiners, should they exist. 5. Sewer and water services are not adequate to serve the " Arata Property." Response: Investigations performed in conjunction with the previous tentative sub- division map approval of the " Arata Property" did not disclose any.inability to provide adequate water or sewer services. Most recently, we have again checked with the San Jose Water Works and Sanitation District 4 and have reaffirmed the serviceability of this property. Ms. Kathy Kerdus 15341 June 18, 1982 Page 4 6. The acreages shown on the tentative map would indicate lot sizes less than 40,000 square feet. Response: All lots within the "Arata and Young sub- divisions" contain a minimum of 40,000 square feet. The tentative sub - division map is being corrected to reflect the actual acreage and will be on file with the Planning Department prior to June 23. 7. Portions of Lira Drive extension cross a slide area.. Response: The 1978 geotechnical report prepared by Terratech identified a large portion of the "Young Property" including lots and street to be an ancient land slide mass. This report was part of the original environmental assessment and review.by the City's consultant geologist determined that the existence of this formation condition did not affect the developability of the site. �8. Since the road crosses a landslide and is unstable, the developer should post a twenty -five year maintenance bond to eliminate the maintenance cost from the public obligation. Response: The roadway basement materials are not. unstable and are not subject to any more severe maintenance requirements than.other public roads within the City. To the contrary, a new road requires little or-no maintenance for the initial term and thus property taxes collected from the new assessments will exceed maintenance demands. 9. Lira Drive extension across to the San Jose Water Works property will require removal of mature eucalyptus trees providing a wind break for the Arata residence. Response: Roadway extension will indeed remove a cluster of seven± eucalyptus trees. NOWNshk Ms. Kathy Kerdus 15341 June 18, 1982 Page 5 10. The extension of Lira Drive should be extended southerly onto the Olivera property rather than through the eucalyptus grove. Response: Right -of -way is not available from the Olivera property for roadway construction. The area required for a roadway shift to avoid the eucalyptus trees would reduce the area available within the Olivera property for future development and eliminate the potential one additional building site identified on that property in the 1978 environmental impact report. In addition, a southerly shift of the .roadway alignment woul.d.reduce the amount of land available southerly of the Lira Road extension and eliminate one of the six "Arata Property" lots. 11. Other properties within the immediate area have the potential to develop nineteen additional lots. The impact of these potential developments should be considered at this time. Response: There is considerable expense involved in evaluating the development potential of properties that may or may not desire to be developed. It is the responsibility of,a project proponent to address his development's impact on the existing environment and to mitigate those impacts. It would be inappropriate for Mr. Butler to assess the developability of other properties and suggest mitigation for their impact. 12. Montalvo Road adjacent to the Smith property is only sixteen feet wide and is inadequate to carry traffic generated for this project. Response: The 1978 environmental impact report assessed this condition and found "the projected volumes on local streets are within the capacities of the existing or planned street sections." Ms. Kathy Kerdus 15341 OEM June 18, 1982 Page 6 13. Access should be provided to Montalvo Road or Vickery Avenue rather than Montalvo Road. Response: Both the Montalvo Road and Vickery Avenue alternatives were considered in 1978 as part of the original "Young Property" tentative sub - division map approval. After extensive public debate and significant opposition from the residents on Vickery Avenue, it was determined it would be in the greater public interest for development access to be to Montalvo Road. It should be pointed out that the original tentative sub - division map submitted by Mr. Butler on the "Young Property" .proposed to take all access to Vickery Avenue. In addition, the original tentative sub - division map for the "Arata Property" suggested a- termination of Lira Drive within the "Arata Property" and only emergency vehicle access extending through to the "Young Property." After extensive public debate, the "Young Property" tentative sub - division map was approved limiting access to Vickery Avenue to four dwelling units. The remainder of project traffic (eight lots) was directed through the "Arata Property ". sub - division via an extension of Lira Drive to Montalvo• Road. Subsequent to that time, Tract 6731 has been recorded which created the four lots with approved access onto Lomita Avenue. Residences exist on all four of these lots and public street.access is no longer possible to Vickery Avenue. 14. The 24% average slope of the "Young Property" is too steep to support eight lots. The number of lots should be reduced. Response: The original "Young Property" tentative sub - division map requested approval for thirteen lots. This proposal was in conformance with the General Plan and slope density allowances for the property. During environmental review, it was suggested that in order to reduce the impact �l Ms. Kathy Kerdus L9 June 18, 1982 Page 7 15341 of development, one of the three then proposed southerly hillside lots be eliminated. This recommendation was accepted by the Planning Commission and the tentative map was approved to provide only twelve lots. The average slope of the twelve lot parcel was 21% with a majority of the gentle property contained within the first four lots of Tract 6731. Thus, when evaluating the intensity of the development, the original property size and configuration should be taken into account. The present tentative sub - division map has been redesigned in accordance with the alternative recommendations contained in the 1978 environmental impact report. Those lots.on the steeper portion of the property each contain an excess of two and one -half acres and contain building sites on the lower portions of the property. Very truly, Harr. N.' Lalor cb cc: Edward Bolger Russell Crowther Alan King Victor Monia Louise Schaefer Attendees of Planning Commission Committee -of- the -Whole Meeting of June 15, 1982 'YY)onra o Center for tie Arrs June 28, 1982 P.O. Box 158, Saratoga, California 95070 EXECUTIVE DIRECTOR Telephone (408) 867 -3421 Patricia Oakes ta.�. s.:, :.. E iVCI D j U 1`1 3, 0 1982 COMMUNITY. DEVELOPMENT Planning Commission. City of Saratoga 13777 Fruitvale Avenue Saratoga, California Re: SDR- 1521 and 1522 - Gerald Butler Honorable Chairman and Members of the. Planning Commission: This letter is sent in response to information received with regards to the subject application.and to express the opinions of the Board of Trustees of the Montalvo Association. Our main concern is the impact of SDR -1522 with regards to our entrance on Montalvo Road. It is our understanding that there is a request from the City that the applicant provide a standard cul -de -sac at the end of Montalvo Road.. We wish, through this letter, that it be known that this cal -de -sac be constructed entirely on the existing right- of- way;and the property of the applicant. No land will be available from Montalvo due to topographic problems. We also request that no trees be removed on the applicant's property for this work unless absolutely necessary, particularly the major trees at the road. One other concern is added traffic on Montalvo Road, particularly at Saratoga -Los Gatos Road. If Vickery is suggested as an alter- nate access to the property, especially SDR -1521, we feel that it would be more detrimental to the area at Montalvo Road and Saratoga -Los Gatos Road. MONTALVO ASSOCIATION BOARD OF TRUSTEES PRESIDENT FIRST VICE PRESIDENT SECOND VICE PRESIDENT SECRETARY TREASURER James R. Compton Milburn Wright Mrs. Robert M. Davies John S. Langwill David Arata Hubert B. Allen William Dusel Thomas B. Inglis, Jr. William C. Randal Michael Antonacci Mrs. Ephraim Dyer, Jr. Mrs. Charles B. Kuhn Britton Saterlee Bernard Brawner Capt. Otis C. Ferrell, USN Ret. David Meeker Bernard M. Sims Judson Cross Warren B. Heid R. Adm. Ralph M. Metcalf. USN Ret. Mrs. Evans Speer i Planning Commission 2 June 28, 1982 We also request that if Lots #3 and #4 remain as planned after the cul -de -sac is included, driveways for these lots be from the cul -de -sac. Thank you, for the opportunity of presenting our comments. /Very truly your /sue,, James R. Compton, resident ' Montalvo Association r a, DIPLOMATS AMERICAN BOARD OR INTERNAL MEDICINE JAMES R. COHEN, M.D.. F.A.C.P. ONCOLOGY AND INTERNAL MEDICINE 2410 SAMARITAN DRIVE. SUITE 202 SAN JOSE. CALIFORNIA 95124 TELEPHONE 371 -6262 June 28, 1982 MS Louise Schaefer Chairperson, City Planning Commission City of Saratoga 13777 Fruitvale Road Saratoga, California 95070 JUL 0 11982 COMMUNITY DEVELOPMENT Re: Gerald Butler's Development Plan - SD -1521 & SD -1522 Dear Ms. Schaefer: Thank you for allowing me to speak at your meeting of 23 June 1982. As I mentioned at that time, I had just recently become aware of the planned development in the Vickery Lane - Montalvo Avenue area, and, other than the general philosophy I stated at your meeting, I had not had time to formulate fully my thoughts on the matter. I thought I would take a minute to set some of these down in writing, and trust you will share them with the rest of the Commission. As stated by a number of citizens at the meeting, many of us moved to Saratoga and pay the high costs of living here to escape the noise and people pollution of San Jose. Once Saratoga looks like downtown San Jose it will be too late to undo the damage. What will mean large profits for a few developers will be an irreplaceable loss for many. Although I have no reason to doubt the.excellence of the engineering reports for the proposed construction,-we personally had a retaining wall and drainage system constructed on our property after being designed by a licensed civil engineer and approved by the City of Saratoga. Last winter we had two slides on our property and the engineers for the insurance company say it was due to heavy rain and poor engineering. I cannot believe that cutting down trees and replacing foliage with concrete will improve the surface water problems in our neighborhood! It was mentioned by one of the commissioners at the hearing that traffic would be a potential problem. I already consider the intersections of Vickery and Lomita; Aloha and Lomita; Aloha and Komina all potentially extremely hazardous. Increasing the number of cars whipping around those corners by increasing the population in that area will only increase the business at Los Gatos Community Hospital's emergency room. Louise Schaefer Re: Gerald Butler June 28, 1982 _Z) Page 2 I have all the respect in the world for Mr. Butler's skill and energies as a contractor. When the Vickery Lane bridge was destroyed 2 years ago, Mr. Butler worked late into the evening and through every weekend until the bridge had been rebuilt. Mr. Butler has been quoted as having said he intends -to build one house a year for the next fifteen years. The specter of fifteen years of heavy contruction equipment noise late into the evening and through every weekend is truly frightening! Vickery Lane is a private road. cost of maintaining the road, i the above mentioned bridge. To for the benefit of one citizen, other neighbors and against all democratic. The residents have faithfully paid the icluding the entire cost of rebuilding allow the traffic to be grossly increased Mr. Butler, to the detriment of all the their wishes does not seem particularly I do plan to attempt to attend your commission hearing on July 14 but, should I be unable to do so, I would appreciate it if these comments could become part of the public record and be taken into account in the process of your decision making. Thank you very much. Sincerely, mes R. Cohen, M.D. 14920 Vickery Lane Saratoga, California 95070 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Gentlemen; r 15055 MoI salvo Road Saratoga, Ca. 95070 June 23rd, 1982 X '/� /h`�b� Corn�issro� PC, C14 Re: SD1521 & SD1522 Butler Subdivision Montalvo Road As a resident on Montalvo Road adjacent to the above referenced tentative subdivision, I wish to express several concerns for your consideration: 1. The recent heavy rains pointed out vividly the extent to which storm water run -off from the Arata property impacts the houses on Abntalvo Road. We experienced several weeks of river flow conditions through our property from the Arata lands above us. It is the responsibility of the developer's engineers and public works staff to ensure that this situation is corrected as a condition of subdivision. 2. The constricted width of Montalvo Road just North of the Hill Avenue intersection makes concurrent passage of cars and bicycles or pedes- trians extremely hazardous. The heavy visitor traffic to the Montalvo Arboretum along with the neighbors daily trips, means the addition of 14 new homes and their additional daily trips will have a significant impact on the area. Actually, from Hill Lane to the Arboretum entrance, there are approx- imately 20 homes which use Montalvo Rd. daily. The Butler subdivision of 14 homes will almost double the neighborhood traffic on Montalvo Rd. since Butler's subdivision has no other access road except Montalvo. This traffic impact can only be mitigated by decreasing the number of proposed lots or making Lira Drive a through street to the Aloha Avenue area. Please consider these concerns in your actions on this development. 'n erely, Alan & Toni Pinn Kr -CEIV ED JUN 2 PERMIT REVIEW • �� June 23 19z , TO City Council of Saratoga FROM Robin & Freda Jeffs 20500 Lomita Avenue, Saratoga. RE Lira Drive Development There are several points I should like the City Council to consider con- cerning the Lira Drive development. Firstly, the City Council stipulated in November 1978 that although the private portion of Vickery Avenue (often referred to as Vickery Lane) has more houses on it than allowed by City Ordinance, permission would be given for two new houses to be built as part of the Lira Drive subdivision, with access on to Vickery Lane. This concession, was granted provided that the two original houses on the parcel, both of which also had access on to Vickery Lane, would have their access moved permanently on.to Lira Drive as soon-,as it was built. Since the two additional houses have now been built and occupied, I should like to request a reassurance that this stipulation will be met. Secondly, I should like some reassurance that Lira Drive will be built and usable before any house construction begins, to avoid unnecessary use of the Lane for heavy trucks and equipment. Mr: Butler agreed to this at an earlier Planning Commission meeting. The third point I should like to stress is that once Lira Drive is built, there seems to be no reason why the Lane needs to be used for "emergency" access when the route up Montalvo Road on to Lira Drive (the new public street) would be much better and easier fo.r a fire truck or ambulance. There is no satisfactory or certain way,.of_ ensuring that any "emergency" access up Vickery Lane granted to this subdivision, would not become public access, other than by construction of a permanent barrier. It is a great concern of all residents I have spoken to along Vickery Lane that no through access be provided. Such a barrier,built just above the entrance to the reservoir, would allow the Water Company to continue to use the same entrance, and have full access to its facility. Also, any concession to one homeowner to have a key to a gate which would allow him alone to use the Lane, would in the future undoubtedly Cause major problems with the residents of the new development, who would naturally expect the same privileges. These are my immediate concerns, and I should welcome reassurances on these points from the City Council and from the developer of the subdivision. urs truly, 15055 11ontalvo Road Saratoga, Ca. 95070 June 23rd, 1932 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca. 95070 Re: SD1521 & SDI-522 Butler Subdivision T,,bntalvo Road Gentlemen; As a resident on Abntalvo Road adjacent to the above referenced tentative subdivision, I wish to express several concerns for your consideration: 1. The recent heavy rains pointed out vividly the extent to which storm water run -off from the Arata property impacts the houses on Montalvo Road. We experienced several weeks of river flow conditions through our property from the Arata lands above us. It is the responsibility of the developer's engineers and public works staff to ensure that this situation is corrected as a condition of subdivision. 2. The constricted width of Montalvo Road just North of the Hill Avenue intersection makes concurrent passage of cars-and bicycles or pedes- trians extremely hazardous. The heavy visitor traffic to the Montalvo Arboretum along with the neighbors daily trips, means the addition of 14 new homes and their additional daily trips.will have a significant impact on the area. Actually, from Hill Lane to the Arboretum lentrance, there are approx- imately 20 homes which use Montalvo Rd., daily. The Butler subdivision of 14 homes will almost double the neighborhood traffic on Montalvo Rd. since Butler's subdivision has no other access road except Abntalvo. This traffic impact can only be mitigated by decreasing the number of proposed lots or making Lira Drive a through street to the Aloha Avenue area. Please consider these concerns in your actions on this development. ' n ' erely, 1. 1. ti Alan & Toni Pinn RECEIVED JUN 2 1982 PERMIT REVIEW A� JAMES V. MARINO, D.D.S., INC 516 WEST REMINGTON DR. SUITE 4 -A SUNNYVALE, CALIFORNIA 94087 TELEPHONE 739 -1383 June 14, 1982 City of Saratoga Planning Commission Re: SD 1521 13777 Fruitvale Avenue SD 1522 Saratoga, CA 95070 Attention Planning Commission, City of Saratoga: RECE—w -o JUN 1 «1982 COMMUNITY DEVELOPMENT In 1962 I purchased the property at 20553 Montalvo Lane (1.91 acres) and was informed by real estate agents and by Admiral Crisp himself that my site was a one dwelling site because the Montalvo area above Hill Ave. was zoned as strict one acre minimum.: for building approval. As a matter of fact, I .purchased the property from Mary Ellen Allinger because she had applied,to the Planning Commission in 1961 for permission to split the site into two sites and was refused. I now find twenty years later that three of the five sites directly adjacent to my property are.surveyed as .9 acre sites and that one_of'.the sites from the Vickery side of the Butler project is also a .9 acre site. I am also to understand that the emergency access road to Vickery Ave. will always remain just that, and will never be widened and paved as a permanent road access to Vickery Lane. I think not.. In twenty short years what Admiral Crisp told us Is no longer true. I realize the definition of a true acre and builders acre 'differ as to square footage, but even this definition change has come into existence during the passage of time. If you still fail to recognize the logic of these arguments, then I also suggest that turn about is fair play and "that if I should request a .9 acre building site on my 1.91 acre parcel; and.that Dr. Follmar (formerly Manardi property) should also request a site approval on his parcel, and Mr. Olivarri should request site approvals from his parcel, that there would be the potential of four or five more building sites to add to the ecological impact of this total development. If all of this is too much to digest in one hearing, I would hope the commission would re- examine the entire project with special attention to the past heavy winter and its errosion and water run -off patterns. Please note the trees to be removed, and the traffic increase and anticipate a petition for a stop - signal on the highway adjacent to the Montalvo Road entrance. In light of these considerations, I would respectfully request that you conform to the strict one -acre..minimum zone position once held by the City of Saratoga and that more specifically you reduce the sites from five to four on the properties directly adjacent to the Montalvo gate entrance. The traffic flow into Montalvo should be a major consideration r � JAMES V. MARINO, D.D.S., INC. 516 WEST REMINGTON DR. SUITE 4 -A SUNNYVALE, CALIFORNIA 94087 TELEPHONE 739 -1383 in reviewing lots and 4. A great number of auto turn - grounds is caused by the iron gates to the Villa being closed at 5p.m. The entrance to Villa Montalvo and the start of Montalvo Lane can be a fire and emergency access disaster on many occasions due to the traffic stopage when these gates are closed. Please consider these factors in the review of this development. T you r ames V. Marino, DDS f ✓ 7 SJA034(0955)(1- 094580G169)PD 06/18/82 0952 ICS IPMIIHA IISS RECEIVED 33 IISS FM WUI 18 0952 PMS SARATOGA CA JUN 2'J 1982 � UW A 184 8 DP 711 10 182 COMMUNITY DEVELOPMERI UWNX CO DPST 036 SINDELFINGEN /5 36/34 18 1510 g� =---- CITY OF PLANING COMMISSION •13777 FRUITVALE AV ti SA RA TOGA CA LI FO Rb Ir WE O�VN THE PROPERTY AT. 15201 MONTALVO ROAD AND RESTATE OUR OPPOSITION TO DEVELOPING LIRA DRIVE INTO THE PROPOSED ROAD VILLIAM T AND MARIANNE M DONNAL COL 1,3777 15.201: NNN NN SF (R6.69) �F w, I I MEMORANDUaM y. i -\Df 13777 FRUITVALE AVENUE' S.,%RATOGA• CALIVOItNIA U3070 (100) 007 - 3.1313 TO: Don Wimberly, Director of Inspection FROM: William Cotton, City Geologists SUBJECT. Butler (SD- 1358). DATE: July 21, 1978 We have completed a review of the Geologic and Gcotechnical Investigation report prepared by Terratech, Inc. dated June, 1978. RECOMMENDED ACTION We recommend approval with the following; conditions. Technical Plan Review - the geotechnical consultants should review and approve grading, foundation and retaining wall plans. 2) Technical- Field Review - the geotechnical consultants should inspect and approve all grading operations (ie stripping, cut slopes, fill placement etc.), excavations for foundations and retaining walls, utility trench back filling and the placement of capillary breaks and vapor barriers for slab -on- grade. The results of this work should be summarized and the City should be provided with a written copy of the sununary. Respectfully submitted William R. Cotton CEG882 C j WRC /lb Dear Resident: Below is a notice of two public hearings in which you may be interested because, according to our records, you own property within 500' of the site. Agendas for the meeting will be available at the City Hall by Friday, July 30. NOTICE OF HEARING Before City Council NCTICL IS HEREBY GIVEN that the Deputy City Clerk of the Saratoga City Council, State of California, has set the hour of 8:00 p.m., on Wednesday , the 4th day of August , 1982, in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearing on: Appeal of Denial of Tentative Subdivision Approval - 8 lots - Lira Drive (access from Lira Dr. and emergency access to Vickery Ave) (Gerald Butler, appellant /applicant, SD 1521) Appeal of denial of Negative Declaration and Tentative Subdivision Approval - 6 lots - Lisa Dr. and Montalvo Rd. (Gerald Butler, appellant /applicant, SD 1522) A copy of which I • material is on file at the office of the Saratoga City Council at 13777 Fruitvale Avenue, Saratoga, California. All interested persons may appear and be heard at said time and place. Written ccnu=ications should be filed on or before July 29 CITY OF SARA7bGA CITY COUNC C Nf(S D JUL 2 61982 Grace E. Cory Deputy City Clerk July 22, 1982 Linda Callon, Mayor City Council Members City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Callon and Council Members: Donald R. McCormack P. O. Box 2234 Saratoga, CA 95070 JUL 2 61982 I am writing to you regarding the appeal of Mr. Gerald Butler from the Planning Commission's denial of his proposed developments numbered SD -1521 and SD -1522. It is my under- standing that you are to hear the appeals on August 4, 1982 Mrs. McCormack and I have been residents of the City of Saratoga for over 30 years. At the present time, we reside at 20634 Vickery Avenue which borders the property which Mr. Butler is seeking approval to develop. I have toured the property which is the subject of this matter and was pleasantly surprised to find that the land seemed well suited for the development such as Mr. Butler has proposed. The number of homes proposed would appear to be in harmony with the existing neighborhood. Given the time and energy which Mr. Butler has obviously expended on this project and the continuing problems in his industry, it would seem manifestly unfair to deny him the opportunity to proceed with this development. My wife and I both feel that Mr. Butler's development conforms with the 1977 Vickery /Montalvo Traffic Circulation Plan, as well as the Saratoga General Plan of 1974. We urge you to grant the appeal of Mr. Butler and allow him to proceed with the project. truly you DONALD R. McCORMACK AC HARDWARE SARATOGA HARDWARE ,i m- 2 61982 IN THE VILLAGE 14445 Big Basin Way • Saratoga, CA 95070 • 408- 867 -3157 — — — --- — — — — SARATOGA CITY COUNCIL 13777 Fruitvale Ave. Saratoga, Ca. 95070 I am writing this letter in support of Gerald butler, and his efforts to have SD -1521 and SD -1522, approved. at your meeting of August 4, 1982. The SDs were approved in April 1977• Mr. Butler's development will be an asset to the community, because they will add approximatly 13 families to the community. The ecology of the land will not be damaged, because I am sure the people that purchase the homes will have the means to improve the country side. The City will benefit from building tax income, plus the additional property tax the homes will generate. As it is now Mr. Butler is spending money on attorneys and other admisistrative costs instead of buying building permits. I strongly urge approval on the above site developments for the good of the community. Thank you for taking time to read this letter. Sinc /erely4 Charlie Mc Fall July 23, 1982 T0: Members of the City Council City of Saratoga, California Q C� Le 0 JUL 2 61982 As a resident of Saratoga, I am writing to show my support of Gerald Butler's subdivision SD -1521 and SD -1522 in conformance to; a. 1977 Vickery /Montalvo traffic circulation plan. b. Saratoga General Plan of 1974 with Montalvo as a local collector street. There is always resistance to change from existing neighbors when a new area is developed; however, as a resident in two new subdivisions in Saratoga in the last nine years, I know that these feeling subside after the homes are built. Sincerely, I,& - -4 Betty Seefurth �P- '01w, .C2� �g�L�OMf�D ky'; y�P� ,� �s-u� D� 1 � z s ,see , U �4 -� �t � U � Sr�J - ✓l�G Dot cif G�`- aur,�S ,0 go Oil Saratoga City Council 13777 Fruitvale Ave. Saratoga, Ca. 95070 Dear City Council Members: On Monday August 2, 1982, Saratoga Community Center from the Montalvo area. AUG 4 1982 PERMIT, REVIEW. 15015 Vickery Ave. Saratoga, Ca. 95070 9 a.m., a meeting was held at the with a group of concerned citizens The following concessions or mitigations were discussed as followss 1) Move building site off0ill near Olavari's to the lower level portion of lot #7 therefore,all building site 10% or less. 2) Move road to Olavari's property to save trees a. will only remove 3 Eucalyptus trees but will-save the tallest 60„ diameter tree. b. will save the two oak trees on Olavari's property. c. will plant 20 Eucalyptus as a mitigation adjacent to the existing grove. 3) Provide footpathfrom Lira Drive to Vickery Ave., (Oak St) per Kathy Kerdus. 4) Trim brush and slope enbankment at corner before Montalvo gates for a safe traffic pattern_. 5) Install a.-privacy wall at Lira Drive entrance adjacent to McDonald and King property. 6) Add a turn around at the Montalvo.gate and Montalvo Lane large enough-..to allow Montalvo Lane traffic flow uninterrupted and also accomodate the driveways of lot 3 and 4. 7) Install stopsign at Montalvo Road and Lira Drive intersection per Mr. Shortino' request. Butler and the residents in attendence agreed on the above and Butler in return was to receive support on SD -1521 and SD -1522• Please note the submitted tenative maps SD -1521 and SD -1522 are identical.to the previously approved maps. Sincerely, Gerald D. Butler JOSEPH BROZOA, M.D., F.A.C.S. DIPLOMATE OF THE AMERICAN BOARD OF SURGERY GENERAL SURGERY 25 NORTH FOURTEENTH STREET. SUITE 480 SAN JOSE, CALIFORNIA 95112 TELEPHONE: 287 -7494 Aa� Y4 June 20, 1982 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Reference: SD1521, SD1522, Butler Tentative Subdivision Approval and Extension of Lira Drive A number of concerns were verbally expressed at the Planning Committee of the whole meeting of 15 June and on site meetings of 16 and 17 June. Some of these concerns have been answered by Mr. Lalor, of Ruth and Going, Incorporated, Mr. Butler's Engineering Representative. I would like to document these concerns to insure consideration by the Planning Commission. 1) Update the Environmental Impact Report for Tract 6732, which included Tract 6731 at the time of report, and require an Environmental Report on Tract 6532 because the tracts have the proposed Lira Drive in common and in reality are a 14 unit subdivision. 2) Traffic - The 1978 Draft Environmental Impact Report uses a 1970 Caltrans document as re- rference to estimate increased traffic on ` Montalvo Road. The EIR does not address in -j creased traffic on Hill Avenue, Bonnie Brae Way and Mendelson_. This document and the EIR Report ignore the demographics of the Montalvo - Mendelson area where the majority of the residents have 2 - 5 vehicles with eligible drivers. The 1978 draft EIR states that traffic on Montalvo would increase by 33.9 percent. We believe that this figure is grossly under- estimated. Montalvo Road narrows to 16 feet just north of Hill Avenue and while additional traffic increases the danger to walkers and school children in all the Montalvo- Mendelson area, this particular section becomes extremely dangerous. 3) Location of Lira Drive - The proposed Lira Drive extension would require removal of a group of Eucalyptus trees that serve as a wind break for the homes to the East and a noise barrier for the homes to the South. The proposed road also (2) crosses two potential unstable areas per the 1978 EIR. The removal of the trees can be circumvented by moving the road South to skirt the grove but this requires use of Mr. Olavarri's land which may reduce potential develop- ment by one lot. Previous planning commissions have set a precedent for this when the land of the Parson's residence was reduced from 2 acres to 1.66 acres to accommodate a future widening of Hill Avenue. 4) Watershed - The 1978 draft EIR alluded to precautions to be taken relative to runoff. This matter should be studied in light of last season's overflow conditions on the properties downhill from the proposed tracts. Consideration should be made for additional run off due to tennis courts and swimm- ing pools. 5) Lot Size - The homeowners of Montalvo- Mendelson have advocated larger lot size requirements since the 1974 General Plan Adoption. The lots bordering Tract 6532 on three sides are all in excess of 1 full acre. Consideration should be given to increasing Tract 6532 from minimum allowable .92 acre to a size that is compatible to those lots to the South and West of the tract. 6) Cost to Taxpayers - Assuming that the development is such that property taxes are $10,000 per year, Saratoga will recoup $.035 per dollar or $350 per developed lot. This will amount to $4900 per year for the 14 lots. Ignoring that 30% of this revenue is for police protection, this dollar amount will not pay for maintenance of Lira Drive plus additional maintenance required for Montalvo and adjacent streets. The 1978 draft EIR states that up to 2000 gallons or 4 tons of solid waste whould be generated per week which must be transported down Montalvo Road. This, plus the potential slide damage to Lira Drive and flooding of lower Montalvo Road, is not a reasonable cost that Saratoga taxpayers should have to bear. 7) Water Source - Water pressure in the Montalvo - Mendelson area is 45 -55 pounds while the majority of Saratoga is 80 -100 pounds. Additional development utilizing this source will cause further deterioration of the situation. 8) Provision should be considered to protect the privacy of two lots, adjacent to the Lira Drive right of way, which were developed with the impression that Lira Drive was a cul -de -sac. The King residence pool is a beer can throw from the Lira Drive right of way and should be protected with a natural barrier. .6 (3) 9) Future Planning - The problem we are discussing is a result of lack of proper future planning. The comments on the 1974 General Plan map for area "I" are two terse comments versus up to 20 paragraphs for other areas. This suggests that minimum thought was expended for a large amount of undeveloped land. The Christian Science Church and development of Tract 6731 led directly to this problem we are discussing. We encourage the Planning Commission to consider development of at least 20 units, in addition to those under consideration, and the impact that this future development will have compounding the problems generated by the proposed development. The majority of the homeowners in the Montalvo- Mendelson area are here because of it's relaxed rural atmosphere. Please do not help to contaminate the area with urban sprawl and busy streets. Re ards, Jack Christian 20230 Bonnie Brae Way Saratoga, CA 95070 JC:nab 11 .0d ik Butler 0527 Twin Crneks Rd. Mont; Serenn, CA 95030 City of Saratoga. 1377 Fr uijv4lo Ave. Saratog&' CA 95070 R& SD - 1206 i Dear Or. Van Juyn, the yeaslan maoe by the suhdivisi& connittee an Februiry 15, 1977U,havu Lira brive be a through. strees is economicaly preventing •••the continuance of My'application. 'Mr. Arata who currently lives on `b het - prPPP rty :01%jC'rtt. to - the sixth lot; adjnqqnt'VA his residence �.4W till definitely 06tQ060to ykjppropnsal! IVQoQ!QPprP0A!e-it.if you 'QIddook, 1,11-6!thil matter to acc- A Omodate h!cul-d.Vsac.Jefore:I enteredyint purchase agreement, I consulb dnwithqhk planning 0epartmont and also public works- at.whicV time"plUparties agreud on to cul-de-sac as suh• itted to you on app� lication. . I it qppears' that ,th&thr6uQh street m1pht Q he the best approach, at this 'tide since nd agreemeht officially has NO made between you and San MeXter Works pertainipg to right of way on purchase pricc, and justification of purchase. Also there seems to be many unsolled prcblqms,in tNe Vickary Lane.area abdut riqht Qf way on this privatc- road and -also secoadaryjaccass. The apprpnimately 18 acres on the Young pro porty appears to be too expensive to subdivide thro"gh thb San Jose Witar Works, thyrofore the logical accoss Would be through Vckcvy Lvn2 with oncondary access through the church property. 1 have conlacted Q. D. Bear Jisley of and GGing as well as krs. Yung, Ve.property owner. They do nnt,obn=t to a cul-de- sac Oi} 'tiro Arata prcperty. Ace tim; is.of the essence please give this matter your imm- qdIate attention. i have tKad to talk to you parsonally F,v save fWTVA-have not been successful for,you to rQturn my message. . eo. Gerald U. Butler pc: Ruth & Going c/o Dqn Bedrdsky Daye Argty Miles Rankin Mrs. A. Young July 30, 1932 To the members of the Saratoga City Council: JUL, 3 0 1982 t. k We urge you to retain Broot vieiw School as an educational and recreational facili-L�r. Both the Girls' Soccer Club— Saratoga and the boys' United ioccer Association use the field at Brookview for -regular soccer play (practices, Eames, and tournaments) from August through April of each year. As you knew, soccer reaches the broadest spectrum of children and offers them wholesome e:,: ^eri-ences. However, it's impossible to carry,; on such a program without large fields such as the one at Brochviev. The nurber of soccer fields available to Saratoga children is quite liiuted. Our clubs work closely with :aaratoga AYSO and the organizations of neighboring co::,,a.unities to oaximize the use of all suitable fields. To lose the fine facilities at Brookvi ew would be a trer:,endous loss to soccer in the area. We hope that you will consider our concerns when determining the future of Brookview School. Thant, you. Yours truly, Dallas Denery United Soccer Association; Saratoga Soccer League 10 Ethel and J. Bruce Bauer Girls Soccer Club — Saratoga; Saratoga Soccer League Paula and Jim Ocnnin Girls "occer Club— Saxato7a; United Soccer Association Janot Harris Girls Soccer Club — Saratoga,; Saratoga Soccer League -� — RECEIVE® � o.,.�,.1►� dq `_Jor�ti11 S� o,� AUG 0 �s 1982 i" Q-or�l t.t{t�R'�SO COMMUNITY DEVELOPMENT TO v1 aii 4y�t� O✓AL �,S �� �Z --F ( tV 1 OvSL� `�1 v,sl O�J of 8 L-ot , - ►� ZI P - `�� Z� DSTE,.r1' VJ r-r-K i -I- �jA�,� -� J4 -T 4A r \J It s.` tom! 1 lT GoM >ul I �+ o� t�l 1 I ►.� 0IJ J L) Mlvav 2 0E- �►�q�) �Sj ' j� �1 �v�'�I �l� �D�J �l oT Oi E. 7�:CCZ-4-ckI GOVI�� J�S� I t�i._L_J T2�1r.�1 CLJ-t` Ali CT �L�pULt`� 1JOT `VECLOt� , GOS1 1 C�� S C -S� Gam,. FiZS ZOv� l ��� I►�(Q Goal � �j �.1°T ��r'�I�—. �� ► ��q `fiK� MotifT-A �..vv ►-WT 4E G21✓A l ouS �I ►Z . IAA I-- c�IZ , -F—ra 1 f �-T K d- lG'j C71 J6nj C ►� 1 U� fi_> 1AcT -}� -1t t-Ae: > 177 1�-,> Gv A- e- T--kAT I -�- i rJ — o --rtAE GO T✓1 N) I E=�j Oi 0-le -L-Z -E AN, �� �'C�► V � �:� Chi..+ � `� d u-T- . VC > AtM �v t= l u A, cZ \.,l tT�-1 yokZ ►�-> 1►.i �ou2 - �.`�i.(. - \L--c -+you qtA Gv►J►� F� t of vJ r,-W 1.�liz . - �'c..�ZS �-�� -�.� �u � — v� 7o �- �--� -C- r/1 A�I,Jt✓TZ -� J -fF 21982 a� Dear Fellow Residents of Saratoga: 15015 Vickery Avenue Saratoga, CA 95070 408 867 -7280 July 15, 1982 I am the owner and applicant of SD -1521 and SD -1522 currently being appealed and scheduled on the August 4, 1982 City Council Meeting Agenda for tentative map approval. Both subdivisions are connected to Montalvo Road with 11 lots taking access via Lira Drive which right of way was established in 1969 during the Tract No. 4646 development and approval by the City of Saratoga. Through a litigation and having no control over time to perform, my approval of tentative maps SD -1296 and SD -1418 expired. Upon settlement of this timely ligation I immediately refiled for the same exact approval and was assigned the new numbers of SD -1521 and SD -1522 by the City. My requested approval was unfairly denied at the July 14, 1982 Planning Commission Meeting. During the past six years we have attended scores of City meetings at all levels and adhered precisely to each requirement, therefore, obeying all City Codes, zoning and policies at a tremendous expense to me any my family. At this time, I appeal for your assistance and understanding to support me by writing a letter to the Saratoga City Council, 13777 Fruitvale Avenue, Saratoga, CA 95070 stating that you support my subdivision in conformance to: a. 1977 Vickery /Montalvo traffic circulation plan. b. Saratoga General Plan of 1974 with Montalvo as a local collector street. Sincerely, Gerald D. Butler GDB /lg r July 30, 1982 City of Saratoga City Council 13777 Fruitvale Avenue Saratoga, Ca 95070 re; Gerald D Butler subdivisions applications # SD -1521 & SD -1522 scheduled for meeting of August 4, 1982 LO � Q A 21982 Dear Council Members, As a resident of Saratoga for the past ten years and of Santa Clara County for almost thirty years I am in favor of moderate growth and quality custom homes in our city. know Gerald Butler to be a developer of quality homes. As representatives of my city, I urge that you support the approval of his applications at your next metting. Respectfully; l r William B Bean 21388 Sarahills Drive Saratoga, Ca. Saratoga City Council 13777 Fruitvale Saratoga, CA 95070 RE: 50 -1521 and 1522 Dear Honorable City Council: 15017 Vickery Avenue Saratoga, CA 95070 July 29, 1982 A � J r 21982 S. The Planning Meeting of July 14, 1982 was a "Kangaroo Court" tactic which appeared very dishonest and non - consistent with our Saratoga government. A select group of Montalvo people created diversion problems that were not factually true to these two tracts. Mr. Crowther and Monia were definitely programmed. I understand they owed political favors from their unsuccessful campaign for City Council. The EIR report clearly shows the slight impact on traffic, etc., however, the Planning Commission completely ignored this professional and accurate study and instead played a "numbers game" completely unreasonable to Mr. Butler and his professional representatives. Please do not allow this unethical scheme to take place. I fully support these two subdivisions and urge you to vote YES on August 4 since these tracts fully conform to the 1977 Montalvo/ Vickery Traffic Circulation Plan of 1977 and the General Plan as well as R1- 40,000. Sincerely yours, a Gregory Fowler GF/ lk CIVIL ENGINEERING ED KIRK Ed Kirk Construction Co. 15766 APOLLO HEIGHTS CT., SARATOGA, CA 95070 Saratoga City Council 13777 Fruitvale Ave. Saratoga, Ca. 95070 Dear Honorable City Council, LAND DEVELOPMENT BUILDING _ A! ! r 219�EGISTERED CIVIL ENGINEER LICENSE 371895 I am a concerned resident of Saratoga. I- , _ _ _ I 408/867 -4482 It has been brought to my attention that SD -1521 and SD -1522 are currently being appealed and being rescheduled for August 4, 1982. It is my understanding that they have both been approved in 1977. I would like to inquire about the unreasonable denial of SD -1521 and SD -1522. Can the city council members please send me a reply in reguards to this matter. Respectfully, Z/W/Y/6% / Amy L. irk Limi d Partner, Ed Kirk Const. July 28, 1982 Saratoga Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Proposed Improvement of SD -1521 and SD -1522 owned by Gerald and Judith Butler Dear Planning Commission: 2 1982 I am a resident of Saratoga, and reside at 20628 Vickery Avenue. Adjacent to my property is the land which Gerald and Judith Butler are requesting approval on from the City of Saratoga to subdivide and construct private residences. I support the proposed subdivision and development of the referenced properties. In my opinion this residential development will not distract from nor have a negative impact on the surrounding environment or community. It is also my understanding that the subject request for subdivision approval conforms to both the: a. 1977 Vickery /Montalvo traffic circulation plan, and b. Saratoga General Plan of 1974 with Montalvo as a local collector street. My residence on Vickery Avenue was constructed by Gerald Butler. Therefore, I can speak from a knowledgeable position when I say that the workmanship and materials used by Mr. Butler in the homes he builds are of the highest quality and standards. In addition, the homes which he designs are planned such that they have a minimal impact on the environment and surrounding geographical terrain. I encourage you to authorize tentative map approval for subdivisions SD -1521 and SD -1522 at your August 4, 1982 City Council meeting, and permit Gerald Butler to construct the private residences planned for this land. If I can be of additional assistance in this matter, please feel free to contact me at 867- 6004. Thank you for your prompt attention to this request. Sincerely your , �u;cx David W. Pidwell Saratoga City Council 13777 Fruitvale ''Ave. Saratoga, CA 95070 Dear Council Members: 18620 Vessing Rd. Saratoga, CA 95070 A"' GG 21982 We are residents of Saratoga and ask that you provide tentative map approval of SD -1521 and SD -1522 which we understand are on the Council agenda for 4 August, 1982. . We are not acquainted with the applicant but believe that the building of nice homes on the acreage in question is a fitting and proper use of the land, and that it will benefit Saratoga through an increased tax base while providing; homes for additional citizen families. Further, we believe this land was acquired by the applicant with the rightful expectation from the then existing zoning, that the land could be developed for residential use. To now deny the owner this development is, in effect, an expropriation of the value of his property. For such an act the applicant should be awarded just compensation and Saratoga certainly does not have the resources to purchase the land. To reiterate, we feel that tentative map approval should be granted for SD -1521 and SD -1522. Sincerely yours, Mr. & Mrs. Clinton Lindseth Saratoga City Council 13777 Fruitvale Saratoga, CA 95070 Dear Members of the Council: 18661 Woodbank Way Saratoga, CA 95070 July 29, 1982 FE A Ul G 21982 The denial of Mr. Butler's SD 1521 and 1522 at the 7/14/82 Planning Meeting was absolutely unreasonable since these two identical tracts were approved during 1977 or later. It is a fact that city codes, general plan, and other laws have not changed since and are still current. There is no question that Montalvo is a collector street by general plan definition and is more than adequate to accomodate Lira Drive. Mr. Butler's tract will definitely improve the area and be a big asset to our city. I feel he has the right to develop this land as submitted to you and is not asking for high density condos or apartments. Please approve this project on August 4, 1982, since it has dragged on for six years thru no fault of Mr. Butler. Thank you, Peter Bo ert PB /sg /- �-�`— J w �+ •fir i July 28, 1982 i Dear Saratoga City Council:.` After attending the Planning Commission r meeting in July I felt it necessary to write this letter. 9 Concerning Mr. Butler's subdivision, I am in favor of this.. The fact that it had already been approved and Mr. Butler has adhered to each requirement justifies my approval. I believe that time is of the essence with Mr. Butler and it would appear to me that the i objections raised against this subdivision are people's opinions and not based on fact. Facts that I felt were overlooked and that the Planning Commission should have terminated further dis- cussion and not allowed the session to deviate from the issue at hand, thus making the whole issue confusing. Fact, Montalvo is a collector street. Thank you, Brenda Elliott A� r,. 2192 17950 Vineland Avenue Monte Sereno, Ca. _ =_ Saratoga City Council 13777 Fruitvale Saratoga, CA 95070 Dear City Council: 14673 Quito Road Saratoga, CA 95070 July 29, 1982 LArr= .LUG 9MCED 21982 As a citizen of Saratoga, I cannot see any reason why Mr. Butler's subdivions SD -1521 and SD -1522 were turned down on July 14, 1982. These two identical tracts were approved prior by the same city with the same laws. You should have the courtesy and the ultimate responsibility to deliver to Mr. Butler what he had when his hands were tied by a lengthy litigation. Mr. Butler won the court case and should be allowed to resume his rights. Mr. Butler did not lose. I request that you do not drag on the approval past August 4, 1982 with silly studies or delaying tactics. All studies were performed with the prior approvals! I support your approval that Montalvo R ad is more than adequate for access to Lira Drive. � J P. S. Snyder PSS /lg J si,�9az 9 A'Ai 21982 Edmund I Porter 14790 Butanno Terrace Sarato8a, California 95070 August 1, 1982 Saratoga City Council 13777 Fruitvale Avenue Saratoga, California 95070 Dear Council Members: Q�C�C�D�C�D AUG 0 3 1982 We respectfully request that you grant Gerald D. Butler approval for SD -1521 and SD -1522 subdivisions at your meeting on August 4, 1982. We support Mr. Butler's subdivisions in conformance to: a. 1977 Vickery /Montalvo traffic circulation plan. b. Saratoga General Plan of 1974 with Montalvo as a local col- lector street. We feel that Mr. Butler's requested approval was unfairly denied at the July 14, 1982 Planning Commission Meeting. Please vote in favor of Mr. Butler's request on August 4, 1982. Yours sincerely, Mr. and Mrs. Edmund K. Porter 14790 Butano Terrace Saratoga, California 95070 st R � FIVED AUG 031982 I (aU4 , Aaoi AA J- 1,&Oj Irz i of Milos, JAAAL 0. ' !I i Awe :ZAM4: Sk��h�r 4 o ^X7 -- /ro �. 0 Np,c. 5amuea. Norton Smith. 20301 HM Avenue Saratoga, CCaWornia 95070 J"-Ir X 1 0 t7 �� '" 21962 ek �.e�. c� l� A � ta • 1. C* e July 27, 1982 Leo M. Shortino and Peggy M. Shortino 15252 Montalvo Road Saratoga, Ca. 95070 Linda Callon 12598 Fredericksburg Dr. Saratoga, Ca. 95070 Dear Mayor Callon, Approximately, 3 years ago we built our home on Montalvo Road, and were aware of the proposed road 'Lira Drive', which was to be a Cul de sac. This proposed Cul de sac was to have 6 homes built on it. Now we are.informed, Lira Drrve is to be made a through street, with more than 6 homes. We are very concerned for many reasons. One, the dangers from the traffic pose a very serious problem. In addition, we understand that there will not be a stop sign at the end of Lira Drive. We are sure that you must be aware that there is a blind curve just before you reach Lira Drive, from the top of Montalvo Road. We need not tell you the dangers of that situation. Any thinking person can obviously see the danger of no stop sign at the end of Lira Drive. Should a driver fail to execute a turn onto Montalvo Road from Lira Drive they would crash directly into our mailbox, onto our walkway, which will destroy the fence to our house. Not to mention any innocent person taking a daily walk. With the many varied events that go on at Villa Montalvo, and the traffic already existing on Montalvo Road, the extention of Lira Drive would compound the problem. The traffic situation on Montalvo Road is already dangerous enough. We hateto think of coping with through traffic from Lira Drive. We,as property owners,strongly appose the through street,.Lira Drive,and urge you to vote NO on this proposed development. Respectfully eo Mh 6 rot ino 46 w JOSEPH BROZDA. M.D.. F.A.C.S. DIPLOMATE OF THE AMERICAN BOARD OF SURGERY GENERAL SURGERY 25 NORTH FOURTEENTH STREET. SUITE 460 SAN .LOSE. CALIFORNIA 95112 TELEPHONE: 287 -7434 ¢s. C 04n c7q. LEnag 20261 All df,,E. U L 2 91982 csaaato9a, L7aLi f owia 95070 a- C-. a Ct S k V �- C_ ���� .� �_1 I 1 l c�- -c--�� O-Z -c..,� .� �� w DO J J L 2 91982 A, g �,, mf2 / U August 4, 1982 Mr. Paul Smith City Attorney City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Revision to Letter Submitted July 28, 1982 on Subdivision Map Act Requirements Dear Mr. Smith: This letter is to correct a typographical error on Page 2 of my July 28, 1982 letter to you pertaining to Subdivision Map Act Requirements. The error is contained in the second sentence of the second paragraph. The word "inconsistency" should be changed to "consistency ". I have attached a copy of the letter with the typographical error crossed out in pen. /Siincerely, Ww 6-w S, , William S. Ziebron Enclosure WSZ /DKS . V ,. REVISED 8/4/82 July 28, 1982 Paul Smith City Attorney City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 RE: Subdivision Map Act Requirements pertaining to Butler Tentative Subdivision Maps SD -1521 and SD -1522 Dear Mr. Smith: Pursuant to the City'Council consideration of the appeal of the recent (July 14, 1982) Planning Commission decision on the Butler Tentative Subdivision Maps SD -1521 and SD -1522, it is timely to consider the grounds for denial of tentative subdivisions as mandated by Section 66474 of the Subdivision Map Act. Section 66474 is set forth below: 66474. A legislative body of a city or county shall deny approval of a final or tentative map if it makes any of the following findings: (a) That the proposed map is not consistent with appli- cable general and specific plans. (b) That the design or improvement of the proposed sub- division is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the pro- posed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environ- mental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if Paul Smith City Attorney July 28, 1982 Page Two it finds that alternate easements, for access or for use, will be provided, and that these will be substan- tially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed sub - division. (Amended by Stats. 1975, Ch. 24.) Based on my review of the proposed Butler Tentative Subdivision Maps, and an assessment of the 1978 EIR, geology reports, traffic reports, your current general plan.and other background reports, it appears that findings a, b, c, d, and a listed above could be made about the projects. Findings c, d, and a pertain to issues of density and impacts. My rationale for making these findings is documented in my letter to the Planning Commission (undated) submitted at the July 14, 1982 hearing, and in my July 26, 1981 letter to the City Council. I will not repeat this assessment but would rather like to focus my following remarks on conditions which require a finding of inconsistency with the general plan. Based on discussions with members of the City of Saratoga Planning staff, it is my understanding that the City of Saratoga has not yet adopted a housing element to conform with Section 65583 of the Government Code, and that according to Government Code Section 65586, the housing element was to be in conformance with State Planning Law by October 1, 1982. Therefore, since all elements of your general plan have not been adopted, a finding of internal Xconsistency can- not be made. And without a complete general plan, a finding of con- sistency with the general plan required for approval of a tentative subdivision map is not possible. Based on these grounds, the City Council would be required to deny approval of the Butler Tentative Subdivision Maps until the general plan is completed. A substantial amount of recent case law exists that verifies the legal requirements of legislative bodies pertaining to the issue of subdivi- sion consistency with general plans as discussed in this letter. Rele- vant cases are cited below: Paul Smi th City Attorney July 28, 1982 Page Three Camp v. Mendocino County 123 Cal. App. 3d 334 (1981) Save E1 Toro Association v. Days 74 Cal. App. 3d 64 (1977) Friends of B Street v. City of Hayward 106 Cal. App. 3d 988 (1980) Sierra Club v..Kern County 126 Cal. App. 3d 698 (1980) I would appreciate your serious consideration of the matters raised in this letter. Sincerely, , r', V /A&01 � . William S, ebron Urban and Regional Planning Consultant cc: Saratoga City Council Howard A. Sharek 1112 Sutherland Lane, #3 Capitola, CA 95010 August 4, 1982 Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Gentlemen, My name is Howard Allen Sharek, a California citizen since 1938 living in San Francisco and San Jose, an alumni of the University of California with four children all attending or alumni of the University of California; two of which were National Merit Scholars at Saratoga High School. I have worked in this. state most of my life as a lifeguard, as a surveyor and for the last 15 years in sales management in various electronic companies securing over $100,000,000 in business to enhance and increase our great state product- - and I consider myself a true. California citizen. Mr. Gerald Butler, a reliable, honorable, good family man, a graduate engineer and a reserve naval officer has been dealt unjustly by the Saratoga Planning Commission. Since 1969 he has,.after approval by the City of Saratoga to build extremely gorgeous expensive homes, which would enhance the area of the Saratoga Hills, been denied his right to enrich this area. It doesn't make sense to me nor many other people that you should give and then take away his right to build on his property for other people who desire to live in these lovely surrounding hills. We lived on Malcolm Avenue for ten years and there was a great deal of underdeveloped land in this area - -we did not try to impare the development of this land; we did not worry about additional congestion or traffic and our children were extremely young at that time. In fact, gentlemen, if I should go back to my early days in San Jose (1938 -1939 timeframe), when Rt. 101 was a two lane highway, I do not recall any instance of my parents or friends keeping any fine families from moving into the area, nor in the last 30 years in Saratoga have I seen such insensitive feelings towards such an extremely simple problem of building a few additional homes in the Montalvo area. / , t Saratoga City Council August 4, 1982 page 2 I may want Mr. Butler to build a home-for my family, and I would be denied re -entry into my old hometown. The. average people that purchase these homes will be extremely wealthy. Most of them will not have any small children. They would not bring a great deal of congestion. The Montalvo area isn't anymore sacrosanct than any other area of this valley. Sincerely, 15 WCU 0 czov Howard A. harek L_",, 20000 Charters Court Saratoga, Calif. 95070 July 29, 1982 Saratoga City Council 13777 Fruitvale Avenue Saratoga, Calif. 95070 To whom it may concern: QSC,C��MC�D J J L 3 01982 Mr. Gerald D. Butler has informed me that he has applied to you for approval to build on eight lots located on Lira Drive in Saratoga. As I am very familar with Mr. Butler's construction of distinctive homes I feel that the type of quality home he plans to build on Lira Drive would be appreciated by everyone in the Saratoga community, therefore I support this subdivision in donformance with: A� 1977 Vickery / Montalvo traffic circulation plan. B. Saratoga General Plan of 1974 with Montalvo as a local collector street. Sincerely; J ps SCS. Saratoga City Council 13777 Fruitvale Avenue Saratoga, Calif. 95070 To whom it may concern: 20552 Ashley Way Saratoga, Calif. 95070 July 29, 1982 - JUL 3 01982 I understand from Mr. Gerald D. Butler that he has applied to you for approval to build on 8 lots on Lira Drive in Saratoga. Being very familar with Mr. Butler's design and construction I believe that the type of homes he plans to build on Lira Drive would be highly comendable and a great asset to the Saratoga community. I wholeheartedly support this subdivision in conformance to: A. 1977 Vickery / Montalvo traffic circulation plan. B� Saratoga General Plan of 1974 with Montalvo as a local collector street. Si.nFerely, �( Sylvia C. Smith SCS. 13634 Howen Drive Saratoga, Calif. 95070 July 29, 1982 Saratoga City Council 13777 Fruitvale Ave. Saratoga, Calif. 95070 To whom it may concern: I understand that Gerald D. Butler has applied to you for approval to build on Lira Drive in Saratoga and that there are eight lots involved. My feelings are that these homes would be an asset to our Saratoga Community. I believe they would all be individually designed and therefore I support this subdivision In conformance to: A. 1977 Vickery /Montalvo traffic circulation plan. B. Saratoga General Plan of 1974 with Montalvo as a local collector street. Sincerely, , Ellie Kiewel SCS. A�C�L�OMf�D J ! 1 L 3 01982 Saratoga City Council 13777 Fruitvale Ave. Saratoga, Calif. 95070 To whom it may concern: 18265 Purdue Drice Saratoga, Calif. 95070 July, 29, 1982 It is my understanding that Gerald D. Butler has applied to you for approval to build on eight (8) lots on Lira Drive in Saratoga. I believe these homes would be an asset to our community as Mr. Butler builds a quality home with individual designs, therefore, I support this subdivision in conformance to: A. 1977 Vickery / Montalvo Traffic circulation plan. B. Saratoga General Plan of 1974 with Montalvo as a local collector street. %Sincerely, Q �`.�FCxQitc�Ca —+a �Cit.J Helena Fancher SCS. On behalf of the Saratoga City Council, thank you very 0 AGENDA BILL NO: 3 OS CITY OF SARATOGA Initial: Dept. Head: DATE: August 4, 1982 City Atty DEPARTMENT: Maintenance Services City Mgr SUBJECT: Teledyne MEC - Foot Race Issue Summary Teledyne MEC has requested that the City allow them to have a small Foot Race along City streets. This is a very small event to be run in conjunction with their company's annual picnic. They expect to have fewer than 20 runners enter the race. The race will start in Cupertino and end in Saratoga. They propose to end the race in Wildwood Park and then transport the participants to the County park on Congress Springs Road, where the picnic is being held. Since the entrance to Wildwood Park is in disrepair, I suggest that we allow this function only if the ending place is in the Parking District Lot on Fourth Street. Recommendation Allow this very small race to be run along City streets with the following provisions: 1. Maximum of 25 runners permitted without police service. 2. Ending to be changed from Wildwood Park to Fourth Street Parking Lot. j Teledyne MEC will be responsible for after race clean -up. LI. The City will notify_Cal-.Trans, Sheriff's Department -and Fire Departments. 5. Teledyne must also obtain permission from other agencies and property owners involved. Fiscal Impact None. Exhibits /Attachments Letter of Request. Council Action 8/4: Clevenger /Fanelli moved approval. Passed 5 -0. July 14, 1982 Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA. 95070 Dear Sir: %i TELEDYNE MM /+ 3165 PORTER DRIVE PALO ALTO. CALIFORNIA 94304 (415) 493 -1770 TWX (910) 373 -1746 JUL 161982 This letter is in regard to obtaining a permit or permission for a running race that will finish in Saratoga. In a recent telephone conversation with Dan Trinidad of the Streets Department,,concerning this race, I agreed to send in the following information: Sponsor Teledyne.MEC 3165 Porter Drive Palo Alto, CA. 94304 Date Sunday - August 8,'1982 Time 8 :00 am - 9:30 am i Number of People: 15 - 20 Route Starts at the entrance to the south parking lot of De Anza College on McClellan, go west on McClellan, turn left at the SP rail road tracks, follow the tracks to Saratoga - Sunnyvale Road, turn right, follow Saratoga - Sunnyvale Road to Big Basin Way, turn right, at 4th Street turn right and turn right into Wildwood Park for the finish. The race is one of several events that are scheduled to take place at our company picnic that day. We will be able to provide several people to help along the race route and plan to put up signs that read: CAUTION RUNNERS ON ROADWAY. Last year we ran a similar event in the city of Cupertino and had no problems - so we are experienced at organizing and managing this type of event. Sincerely, Za4'Ve Dave Bruce DB:khl 1 CITY OF SARATOGA AGENDA BILL NO: 30 Initial: Dept. Head:_ -,� DATE: August 4, 1982 City Atty DEPARTMENT: ---------------------------------------------------------------------------------------- Maintenance Services City Mgr - - - - -- SUBJECT: Community Footrace and Seventeenth Annual Fall Parade Issue Summary The City has been contacted by the Saratoga Chamber of Commerce and the sponsors of the Community Footrace requesting permission to hold the Seventeenth Annual Fall Parade and Community Footrace on Sunday, September 19, 1982. The Footrace will be held between 9:00 and 10:00 a.m. and will involve a temporary closing of Big Basin Way at the start of the race. The Parade will be held between 1:30 and 3:30 p.m. and will cause the closure of Big Basin Way and the closure of Big Basin Way and Saratoga Sunnyvale Road intersection while the Parade passes through. The City Council has authority to close City streets for the Parade but must request permission from the State of California Transportation Department and the California Highway Patrol to close Big Basin Way (State Highway 9) and the intersection of Big Basih Way with State Highway 85. Recommendation 1. Authorize the closure of Allendale Avenue, Fruitvale Avenue, and Saratoga Avenue as necessary for the Parade route between 1:30 and 3:30 p.m. 2. Approve the route of the Footrace. 3. Approve Resolution No. requesting the State Department of Transporation to allow closure of State Highway 9 temporarily between 9 and 10:00 a.m. for the Community Footrace and between 1:30 and 3:30 p.m. for the Parade as well as the closure of the intersection of Highway 9 and Highway 85 for the Parade to pass through. Staff will follow through to notify the California Highway Patrol, Caltrans, Sheriff's Department and the Fire Department. Fiscal Impact None. The Saratoga Chamber of Commerce and the sponsors of the Saratoga Community Footrace will cover all charges for additional reserve deputies to handle the traffic control. Exhibits /Attachments Resolution No. 2-005 Map of Community Footrace. Map of Parade route. Map showing traffic detour route. Council Action 8/4: Clev?Zger /Fanelli moved approval. Passed 5 -0. City Clerk •,:Yti�rr„.d,'.xiArt'�;::r�ehj RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REQUESTING PERMISSION FOR TEMPORARY CLOSURE OF STATE HIGHWAY ON SEPTEMBER 19, 1982 - -. -• : -_:• -• WHEREAS, the Saratoga Festival and Parade Committee has yearly sponsored the Annual Fall Community Race and Parade in the City of Saratoga; and WHEREAS, the Community Footrace has been scheduled for Saturday, " September 19, 1982, between 0,:00 and 10:00 a.m.; and WHEREAS, the Seventeenth Annual Fall Parade has been scheduled for Saturday, September 19, 1982, between 1:30 and 3:30 p.m.; and WHEREAS,..the Santa Clara County Sheriff's Office has been advised of the race and parade route and is planning to take the proper traffic control measures to insure the safety and expeditious movement to the traffic and oversee the safety of the participants in the Parade; and ' WHEREAS, the City Council has annually endorsed the Fall Footrace and Parade and is aware of the precautionary measures that have been undertaken and does sanction the Seventeenth Annual Fall Footrace and Parade; ^° NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby request permission of the State Department of Transportation � ,��c. ?.�t'r to allow Big Basin Way (State Highway 9) to be closed and traffic to be detoured on September 19, 1982 as needed between 9:400 a.m. and 10:00 a.m. and again between - - - 1:30 p.m. and 3 :30 p.m. between the junction of Highway 85 and Fourth Street and to permit closure of Highway 85 at Highway 9 as the Parade passes through this intersection. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on day of 1982 by the following vote: AYES: . NOES: ABSENT: Mayor ATTEST: City Clerk •,:Yti�rr„.d,'.xiArt'�;::r�ehj C SARATOGA CHAMBER OF COMMERCE P.O. BOX 161 a 20460 SARATOGA -LOS GATOS ROAD • SARATOGA, CALIFORNIA 95070 • (408) 867 -0753 July 8,1982 Miss Barbara Sampson Maintenance Services Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Barbara: Just a reminder that our ANNUAL PARADE is September 19,1982, so that you can get the necessary resolution adopted by the City Council. It will start at 2:00 P.M. at Fruitvale Avenue at Redwood School, to Saratoga Avenue, on to Big Basin Way. The roads should be closed at 1:30 to 3:30 P.M. Thank you for your assistance. Sincerely, DOROTHY DAY DD:jw Executive Director CT �vA / tU+�R4 0.`t,OZ, r ASS Q,`�goo�e..,VprONICAUYUByABRO KHAN OCKTOnz LN1 `�'/ ( Wr E 4 PC `�'' - ao. S ? 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CJ n h Q �, -W Q SPERRY LN l Fad �� NONTfuDRi > \wI N RD _ PARKDR " � ° \py r OS I m LRA «' y� L D �o Greek s S PARK DR < CRA i p �p m LN SIG L DR VO �� GPE�'� R/ IN �WY " ` J pZ PANOR ; y� c ilt d IJTTR10 an LARK WY <hVf a DR a OLEN'UNA *ONTE +' VILLA o6 I SUNSET•DR OPQ Y S� Q SUNNYSIDE DR MONTALV I ARBORE UM / DES Pv o \LL 'se P o NO l o _ ti `y` 2 y COUNTY �EDN/ nor 00ER N�OOEy Q„ W�,� W ,�•l�0 1 PARK NON OR �p rp OR �N�000, a 1 1man tuart Camp ` a , / o ° KoH 'e ° l o S ( k %VA GENE Alfrk Antuml '6araw'4a �ommutuw foorraq SPONSORED BY PACIFIC VALLEY BANK DATE: Sunday, September 19,1982 - - -- Starts 9:00 A.M. COURSE: 6.2 miles, (10,000 meters). Start in middle of Saratoga Village--- - finish at ':!ildwood Park, Saratoga. Two tough hills of paved course. ENTRY FEE: $6.00 must be submitted by September 12,1982 and you will receive an attractive T -shirt on race day, -OR- $3.00- Race Day Registration- No shirt All entries have chance at all awards listed below. MAKE CHECKS PAYABLE TO: Saratoga Community Footrace....... (.Tax Deductible donation to West Valley College Track Team) SEND ENTRIES TO: Heather Uightman Ge01i6L u,�GhhtVAN 14701 Vickery Ave Saratoga, Calif 95070 IS9'�e S" QUESTIONS ?: Call Heather Wightman: 867 4327 AWARDS- PRIZES: 1. Plaques to 1st male finisher, 1st female finisher and lst male and female Saratoga residents. 2. Free drink. 3. Attractive Historical Certificate 4. Eligible for 1 of 30, $5.00- $10.00 gift certificates. ( to be awarded by a drawing after the race. Winners Must Be Present). TIMES: Top 200 will be posted on master finish board. All others will be called out at finish line. DIRECTOR: George Wightman ENTRY In consideration of the acceptance of my entry in the Saratoga Community Footrace, I, for myself, my executors, administrators, and assignees do here -by release and discharge the City of Saratoga, Saratoga Chamber of Commerce, Pacific Valley Bank, and George Wightman, of damages, demands, actions whatsoever, in any manner arising, or growing, out of my participating in said athletic event. I attest and verify that I have full know- ledge of the risk ii,volved in this event and I am physically fit, and sufficiently trained, to participate in this event. SIGNATURE paFt'icipant) PRINT name: STREET: T -Shirt Size (,circle one) S Parents signature, if under 18 AGE CITY ZIP M L XL ;2 t-M ES - CaCf--Urate- MCggure. -o 7 , 1 f: ST�.zr�F1�r1Su IN SARAToG,f VII-LA4E a % 0 r