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HomeMy WebLinkAbout04-03-1996 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. - `11 � AGENDA ITEM MEETING DATE: APRIL 3, 1996 CITY MGR.: li ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Approval of Design Services Agreement for Saratoga Avenue Signal Improvements - Capital Project No. 9605 Recommended Motion(s): Move to approve the Design Services proposal from CCS, Inc., and authorize staff to issue a standard professional services agreement for the work. Report Summary: Attached for Council approval is a Design Services proposal from CCS, Inc. (the TETAP Consulting firm) for the Saratoga Ave. /Scotland Dr. Traffic Signal and the modifications to the Saratoga Ave. /Fruitvale Ave. intersection and traffic signal, both of which constitute the recently established Capital Project No. 9605. Staff is satisfied with each of the elements of the proposal and recommends its approval by the City Council so design work can begin at this time. Although the proposal suggests a 14 week time frame for the design work, staff believes this can be compressed to 10 weeks so that the project will be ready to bid in mid -June. Assuming signal hardware equipment can be ordered ahead of time and on hand for when the contractor is ready to proceed, construction should be complete and the new signal operational by the end of August. Fiscal Impacts• Total design fees are proposed at $18,000 which includes construction support services. The approved project budget contains $20,000 for this work. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The Design Services proposal will not be approved and design work will not begin. The obvious implications of this are that the project schedule would be delayed by an unknown amount of time. Follow Up Actions: A standard Professional Services Agreement will be executed and the Consultant will be authorized to proceed. Attachments: 1. Design Services proposal from CCS, Inc. dated March 14. March 14, 1996 CCS057 -96 Larry Perlin Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Saratoga /Scotland and Saratoga / Fruitvale Signals Dear Larry: JLL ccs IFPLANNING AND ENGINEERING H C J F 0 Corporate Headquarters 42080 Ospod Road. Saile Ohre brenronl. Californria9i531 5101656 -7091 • Fax 510/056-38_25 This letter presents CCS's proposal to design a new traffic signal at the Saratoga/Scotland intersection and modifications to the existing signal at the Saratoga/Fruitvale intersection. A detailed scope of work is attached as Exhibit A. The following sections present a fee and schedule for CCS to complete the two designs. The proposed CCS staff is Steve Fitzsimons, Project Manager: John Gildea, Senior Reviewer; Matthew Jue and David Kobayashi, Designers; and support staff. The project manager will attend all project meetings, and will lead the design effort. The senior reviews will be scheduled before each submittal, and will include a field review before submittal of the draft plans. Matt will provide input on signal timing and coordination issues, and David will provide design support. Fee CCS Planning and Engineering will complete the two designs for a lump sum fee of $18,000.00. ($9,000 for Saratoga/Scodand, $6,000 for Saratoga/Fruitvale, $1,000 for initial timing plans, and $2,000 for services during construction.) This fee assumes CCS will use survey information collected by the City or AsBuilt plans as the basis for base mapping. Also, this fee assumes a completely updated traffic signal plan will be'prepared for the Saratoga/Fruitvale intersection, since work will be required on at least 3 of the 4 quadrants. Schedule The proposed schedule for this project is presented in Table 1 below. A two week period is anticipated for the CFrY to review every milestone deliverable. Overall we anticipate a 14 week period to prepare a bid -able set of documents. s:\057- 96\covax.we0 a 4 ... Larry Perlin March 14, 1996 Page 2 Table 1 PROJECT SCHEDULE Please give me a call if you need any additional information or detail to evaluate this proposal. Otherwise we look forward to working with you again. Sincerely, CCS Planning and Engineering, Inc. Steve Fitzsimons, P.E. Senior Engineer e:\057- %\CovER.weo NUMBER OF WEEKS FROM TASK Atn'eOR mnoN TO PROCEED 1. Data Collection, Field Review, and Coordination with City Staff a. Initial Meeting and 1 Data Collection b. Field 1 Reconnaissance C. Project Management Ongoing 2. Draft Design 6 3. Pre-Final PS &E 10 4. Final PS &E 14 5. Bid and Construction 22 Services Please give me a call if you need any additional information or detail to evaluate this proposal. Otherwise we look forward to working with you again. Sincerely, CCS Planning and Engineering, Inc. Steve Fitzsimons, P.E. Senior Engineer e:\057- %\CovER.weo Exhibit A CONSULTANT SCOPE OF SERVICES TASK 1 - DATA COLLECTION, FIELD REVIEW, PROJECT MANAGEMENT The purpose of this task is to exchange information pertaining to the project, confirm the work scope, and monitor and report on the project status. 1.1 - Initial Meeting and Data Collection CCS shall schedule an initial meeting with CITY staff to discuss issues, concerns and requirements of this project. CCS shall prepare an agenda to request any available background information such as the items listed below: ► As -Built improvement plans ► Aerial photographs ► Accident Records if applicable ► Utility information and contacts ► Right -of -way information At the initial meeting, CCS shall discuss design standards and issues and confirm the project format, such as the ones listed below, for project deliverables. ► Border and title block layout ► Sample of Signal Plans ► Sample of Specifications ► Special design details and requirements ► Special bid documents 1.2 - Field Reconnaissance CCS shall perform a comprehensive field review which includes the following activities: ► Verify surface features on "As- Built" plans. ► Take photos and necessary measurements of existing field conditions. ► Identify visible utility installations that may conflict with signal poles. Based on the field review and the above information, CCS shall develop base plans for the project intersection. The base plans shall be sent to the utility companies for verification of the locations of utility lines. CCS staff shall ensure coordination between proposed signal equipment and utilities. The base maps shall indicate critical approach widths, lane widths, existing channelization, driveways, trees, surface utility equipment, street lighting, existing and proposed crosswalks, and overhead utility lines. A recommended signal phase diagrams and locations for signal poles shall also be shown. Deliverables: Three half size prints (11 "x17 ") of base plans with existing conditions, right -of -way, above - ground utilities, recommended pole locations, and phase diagrams shown. A -1 TASK 2 - PRELIMINARY DESIGN 2.1 - Draft Plan (80% submittal) Once lane configuration and signal phasing are approved, draft signal design plans shall be prepared consisting of four drawings depicting the following information: Drawing One - Saratoga / Scodand Signal Installation Plan ► General and project notes ► Proposed signal phasing diagram ► Controller, service cabinet, signal heads, and signal pole locations ► Types, locations and designations of detectors ► Existing right -of -way lines ► Sizes and locations of conduit runs and the associated pull boxes ► Prepared at V=20' scale Drawing Two - Saratoga /Scotland Signal Installation ► Equipment Schedules ► Conductor Schedules Drawing Three - Saratoga/Fruitvale Signal Modification Plan ► Proposed signal phasing diagram ► Controller, service cabinet, signal heads, and signal pole locations ► Types, locations and designations of detectors ► Existing right -of -way lines ► Sizes and locations of conduit runs and the associated pull boxes ► Existing and proposed pedestrian- related signing and striping ► Modifications to existing signing and striping ► Prepared at 1" =20' scale Drawing Four - Saratoga/Fruitvale Signal Installation ► Equipment Schedules ► Conductor Schedules CCS staff shall identify any additional rights -of -way or permits required to construct, operate and maintain the proposed signals. This scope assumes City staff will provide applications, drawings and legal descriptions for required additional right -of -way or to obtain easements, if required Deliverables: Draft signal design plans (11 "x17" submittal) Preliminary construction cost estimate TASK 3 - PRE -FINAL PLANS, SPECIFICATIONS, AND ESTIMATES - 95% submittal In this task, CCS shall prepare detailed design plans, specifications and construction cost estimates (PS&E), incorporating review comments on conceptual plans. The PS &E shall include: P. Design drawings as described in Task 2 with City comments incorporated A -2 ► Technical special provisions for the traffic signal and striping work ► Estimate of quantities ' Updated estimate of construction cost All plans shall be prepared using AutoCAD version 12 format. The PS&E package shall include half size drawings and be submitted for the CTTY staff's review. Deliverable: Pre -Final PS &E (11 "x17" plan size) TASK 4 - FINAL PLANS, SPECIFICATIONS AND ESTIMATES The purpose of this task is to finalize bid documents for bid by contractors. CCS shall meet with the CITY staff to review comments on the Pre-Final PS&E. Based on the discussions and decisions made at the meeting, CCS shall prepare the Final PS&E for the signal and striping work All final plans and documents shall be reviewed and signed by a registered engineer in the State of California. Deliverables: One set of reproducible project plans (Mylar, plus CAD files on disk) One reproducible set of technical special provisions Final quantities for bidding Engineer's estimate of construction costs TASK 5 - BID AND CONSTRUCTION SERVICES CCS shall provide assistance to CITY during the bidding process. Services will include providing initial signal timing plans for the two intersections, to establish parameters such as minimum and maximum green times, pedestrian settings, detector extensions, and fixed -time offsets and splits, etc. Potential additional services may include answering inquiries from bidders, or assisting in issuing addenda as needed during the bid period. CCS staff shall also be available to provide CITY with the following services during construction: ► Review shop drawings and vendor submittals on equipment and materials submitted by the Contractor, ► Resolve changes or conflicts in the design, ► Fine tuning of signal timing plan. Since it is not possible to anticipate the required level of effort for this task, this Agreement assumes 24 hours labor (initial timing plans will require an 8 hour effort). Services requested by the City in excess of 24 hours labor will be considered as extra work CCS shall not perform Task 5 work without written authorization from City. CITY SERVICES WORK TO BE PERFORMED BY OTHERS: The City will do the following: • Prepare roadway improvement plans, including handicapped ramps • Prepare a title sheet A -3 • Prepare the bid forms, bond forms, and general provisions • Provide available AsBuilt Road and Right-of- -Way information • Provide plats and legal descriptions if required A-4 1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Q� AGENDA ITEM +5 1 6) MEETING DATE: April 3, 1996 CITY MGR. ORIGINATING DEPT.: FINANCE SUBJECT: 1995/96 BUDGET AMENDMENTS Recommended Motion(s): Approve resolution amending the Fiscal Year 1995/96 Budget. Report Summary: Attached is a resolution amending the 1995/96 Budget for a supplemental appropriation from Fund 16 - Hillside Repair (unreserved fund balance) for emergency repair work performed on Damon Lane, Project No. 8506 - Tract No. 6701. Also included with the resolution are a Budget Resolution Supporting Worksheet and Resolutions Approved schedule for your consideration. An explanation supporting the resolution has been provided by the Public Works Director in the attached memorandum. This resolution has no impact to the General Fund. There is sufficient balance available in Fund 16 - Hillside Repair to finance the supplemental appropriation. Fiscal Impacts: Overall expenditures for Fund 16 - Hillside Repair increase by $11,476.00. Follow Up Actions: None. Consequences of Not Acting on the Recommended Motions: Outstanding vendor invoices, authorized under emergency measures, will not be paid. Attachments c: \execsumm \exsm0329.96 1 TO: Finance Director FROM: Public Works Director SUBJECT: Emergency Repair Work on Damon Lane in Tract No. 6701 DATE: March 26, 1996 On March 21, I authorized Sunstone Construction Co. of Campbell to perform emergency repair work on Damon Lane in Tract No. 6701. Specifically, Sunstone was authorized to install temporary shoring using a Helix anchoring system along a portion of the concrete retaining wall above the road. (For a complete summary of the work authorized, see the attached proposal from Sunstone dated March 20.) The wall was severely stressed due to the recent activation of a landslide above it, and it was my opinion that absent these emergency shoring efforts, the wall would have failed potentially resulting in damage to both public and private property. On March 22 and 23, Sunstone completed the emergency work at a cost of $11,476. The purpose of this memo is twofold. First, it is to serve as a report to the City Council of the circumstances of the emergency, the services procured to respond to the emergency, and the costs thereof, as required by City Code Section 2- 45.070(c). Second, it is to request that you prepare the necessary Resolution and supporting documentation to transfer $11,476 from the Fund 16 (Hillside Road Repair) balance into Capital Project No. 8506 (Tract 6701 Repairs) , Account No. 4510 (Contract Services) , to provide the authorization and funding for the completed repair work. Per the aforementioned City Code section, the Resolution is to appear on the agenda for the next regular City Council meeting, in this case, April 3. If you need any additional information concerning this, please let me know. ,' Larry Il P rlin S " �e CM OF SARATOGA MUMG1BNC Y B ML11N-7t NMI i ON,) I"toIM- 46 1 m11 Iii. IL76 G llmam Ave. OFIT11-1 .0, I "I1)11,1t ( .�u)1) City of Saratoga Fruitdale Ave. Saratoga Ca. 95030 Attention: John Chourbone Office (408) 867 -3438 RE: Emergency repairs @ Damon La. retainingwall (upper) landslide Saratoga Ca. Construct temporary shoring utilizing 8 Helix tie -backs & I -beams ® the face of the retainingwall adjacent to Damon Ln. being affected by the landslide. Due to time constraints and the unkown depths and scope of the landslide there are no guarantees express or implied as to the adequacy of the proposed shoring. This work should be considered temporary and is not a long term solution to the active landsliding. Temporary Shoring: 1 Install 8, SS-5 Helix tie -backs depth determined at installation price per ft. installed $45.00 includes installation equipment, labor & material. Sunstone Labor Rates for the balance of the project: 1 Formen $50.00 per hr. 2 Carpenter $45.00 per hr. 3 Laborer $37.00 per hr. Material• I Material is cost plus 20% contractors markup- * NOT TO EXCEED $14,000.00 WITHOUT WRITTEN APPROVAL FROM CITY OF SARATOGA See all notes on following page: Pqp 1 . 4cc r. 9 I (a 0 - 45"10 — $50& �,u d A. 3. Cha=8 Pawadadon Canbodna '7 • •' '".".e MY OF SAIlBATOGA EMMGMqCy 2 *Note 1 excluded from this estimate or to be by others are the following: 1 Soils /Structural engineering, or inspections or special inspections (by owner). 2 Plans or specifications, perrnit or plan check or their associated fees by owner. 3 Calling for inspections for Engineers or building authorities by owner. 4 Locating of all underground utilities, pipes or conduits etc. and there removal or protection S Access provisions for Ingress or egress to construction areas. 6 Cosmetic repair to the primary residence or any appurtenant structures. 7 Landscape or landscape irrigation repair or replacement of any kind. 8 Construction or supply of material of any kind not listed in this estimate. 9 Driveway repair or replacement. 10 Code upgrades, asbestos abatement 11 Concrete flatwork replacement i.e. walkways, curb & gutter, roadways, driveways etc. CX a Poundac a ccmflamsmmr TOTAL P.03 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ��� 4 AGENDA ITEM �Q MEETING DATE: April 3, 1996 ORIGINATING DEPARTMENT. Cc mun' y Dev lopment CITY MANAGER APPROVAL: SUBJECT: Appeal of the Planning Commission denial of a Use Permit approval request by Mr. & Mrs. Kolotouros; 20201 Merida Dr. Recommended Motion: Deny the appellants' request and uphold the Planning Commission's denial of the Use Permit request. Report Summary: Request for Use Permit approval to continue operation of a nonconforming commercial trucking business from the residence at 20201 Merida Drive. The subject property is 20,878 square feet in size and is located in an R- 10,000 zoning district. Use Permits have been granted for this business in the past. The most recent permit expired in October of 1992, and since that time the business has been operating without a Use Permit. Summary of Planning Commission Action: This application was first scheduled for the Planning Commission meeting of February 14, 1996, but was continued due to the late hour of that meeting. The Planning Commission then reviewed the application at the meeting of February 28, 1996. As the attached minutes reflect, the Commission concurred with staff's determination that continued use of the property for a commercial trucking business was not compatible with the nature of the residential district. The required findings could not be made to support continuation of the nonconforming use and the proposal did not comply with the applicable zoning regulations. The application was denied by a vote of 7 -0. Appeal: Mr. & Mrs. Kolotouros stated in their grounds for appeal that they felt the Commission considered irrelevant issues and they did not respond effectively. Recommendation: The Planning Commission gave the request careful consideration at the public hearing meeting. They visited the subject property prior to the meeting date and assessed existing site conditions. Ultimately they found that the required findings could not be made to approve the Use Permit request to continue the nonconforming business. Staff is recommending that the Council uphold the Planning Commission's denial of the Use Permit request. Public Notice: A public notice was mailed to property owners within a 500 foot radius of the subject parcel and published in the Saratoga News. Follow Up Actions: A Resolution will be prepared reflecting the City Council's action which will be placed on the agenda of the next regular City Council meeting. Attachments: 1. Planning Commission minutes dated February 28, 1996 2. Resolution UP -95 -008 3. Correspondence 4. Staff Report dated February 14, 1996 (with attachments) 5. Photos submitted by applicant PLANNING COMMISSION MINUTES FEBRUARY 28, 1996 PAGE - 9 - allow the applicant to consider the comments expressed this evening. Community Development Director Curtis clarified that the tentative parcel map request before the Commission was a discretionary action and that the division of land must still meet the intent of land planning and development of the area, even if the request meets all technical code requirements. COMMISSIONERS ASFOUR/PATRICK MOVED TO CONTINUE THE PUBLIC HEARING FOR APPLICATIONS SD -95 -009 AND V -95 -014 TO MARCH 13, 1996. THE MOTION CARRIED UNANIMOUSLY (7 -0). Community Development Director Curtis asked if the only alternative that would be acceptable to the Commission was a guest house without a kitchen? Commissioner Asfour stated that he would not oppose the lot split if it can be designed in a different way to allow the integrity of the existing structure to remain the same, even it requires the approval of a variance. Commissioner Siegfried stated that he was not opposed to a lot line split so long as a condition was stipulated that would restrict the size of the home on the second lot. Planner Walgren informed the Commission that it could place restrictions on the new parcel relating to the new home to be built (i.e.,design, location, height and square footage, etc.). Community Development Director Curtis stated that should the Commission approve a lot split with recorded restrictions, that the only way the condition(s) could be amended was to return to the Commission for the approval of an amendment. 4. UP -95 -008 - KOLOTOUROS; 20201 MERIDA DR.; Request for Use Permit approval to allow a nonconforming commercial trucking business to continue within a residential zoning district. The subject property. fronts onto Merida Dr. and abuts Prospect Rd. to the north and Route 85 to the east. The parcel is 20,878 sq. ft. in size and is located in an R -1- 10,000 zoning district. (cont. from 2/14/96 to late hour; City review deadline is 7/22/96). Planner Walgren presented the staff report. He stated that the continued use of the business would not be compatible with the nature of the residential district and does not meet the criteria that is necessary to approve a conditional use permit. Therefore, staff recommended denial of the use permit request. He informed the Commission that a letter was included in the packet that was unsigned in opposition to the request. Also, letters were distributed to the Commission this evening from neighbors supporting the continuation of the operation and one additional letter in opposition to the request. Commissioner Asfour indicated that it would have been beneficial to hear from the two PLANNING COMMISSION MINUTES FEBRUARY 28, 1996 PAGE - 10 - adjoining neighbors and that he would not consider the unsigned letter in opposition to the request. Chairman Murakami opened this item to public hearing at 8:51 p.m. Maria Kolotouros, wife of the applicant, furnished the Commission with photographs of the area. She stated that she hoped that the Commission had the opportunity to read the letters in support from the neighbors. She also hoped that the one anonymous letter received would not carry as much weight as the letters from the neighbors in support. She stated that any noise generated by the use would be drowned out by the constant noise from the freeway. She indicated that there has never been a violation of the Fuel Storage Ordinance. The violation addressed by staff was due to the removal of the underground fuel tanks. She apologized for not informing the City of the removal of the tanks. It was her belief that the constant fumes from the freeway was a much bigger problem than the use of the trucks. She informed the Commission that it has been difficult to find commercial property to park the trucks and if a lot was found, they could not afford the rental price. Commissioner Asfour asked Ms. Kolotouros how long her family would be requesting renewal of the use permit? Ms. Kolotouros responded that her husband was at a retiring age and that once he retires (approximately seven years), the business would cease. Commissioner Kaplan indicated that she was not opposed to individuals maintaining home offices and other kinds of home occupations. She asked why the business could not be conducted out of the home and that the trucks be parked in a different location. Ms. Kolotouros indicated that she could not afford the rental fees required to park three trucks. Jim Kolotouros, son of the applicants, spoke on behalf of his father. He informed the Commission that his father wished to thank the City for allowing him to maintain the family business for 25 years. He indicated that in a few years this use would cease due to the retirement of his father and that neither of the sons plan to take over the business. For the past ten years, the family has actively and aggressively searched for an alternative place to park the trucks. As this was a small business, it has always been prohibitively expensive to find the funds to lease a parking space. He indicated that his family has worked hard over the past years to address concerns raised and that they have tried to be good neighbors. He felt that the individual who wrote the anonymous letter did not understand the situation. He requested that the Commission take into consideration those comments of the neighbors in support of the use. His family would continue to address any issues or concerns that may be raised. He requested that the use be allowed to continue for a short while longer. Commissioner Patrick asked why Mr. Kolotouros (father) could not park the trucks where he commutes to work. Jim Kolotouros responded that most places do not allow for truck parking and that rental costs were prohibitive. Peter Kolotouros, elder son of the applicants, indicated that he did not receive a copy of the letter of concern received this evening. He indicated that his family would address any PLANNING COMMISSION MINUTES FEBRUARY 28, 1996 PAGE - 11 - issues of concerns expressed. He informed the Commission that there were few places that would allow trucks to park due to zoning restrictions and that the business has been reduced from eight trucks to four trucks. COMMISSIONERS SIEGFRIED /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:09 P.M. Commissioner Siegfried recollected that the City allowed the Kolotouros to park their trucks at this location until such time that the freeway opened. He remembered that this property was once used as farm property with farm equipment stored on site. Therefore, the City justified the parking of the trucks on a short term basis. He stated that he could not support the continued use in a residential area. Commissioner Kaplan commended Mr. and Mrs. Kolotouros on raising two fine sons. She indicated that at the site visit, she was immediately struck by the gasoline fumes and noticed that there was a broken truck left on site. She acknowledged that the property was located adjacent to Highway 85 but that the issue was the use on this property. She noted that the applicant has stated that the trucks could not be parked elsewhere due to zoning restrictions. She asked why the City was being asked to violate its own zoning regulations. She stated that normally she would not put much credence to an anonymous letter. However, she could understand that there are situations where neighbors do not want to precipitate an argument with a neighbor. Therefore, she would give credence to the anonymous letter. She stated that she could not support the use permit. Commissioner Patrick acknowledged that this business has been around for a long time. She indicated that she also smelled fumes at the site visit. She stated that as years went by, it was noticed that the trucks kept being parked closer and closer to the home and that the trucks were know being parked in the driveway. She indicated that she could not support the continuation of the use. Commissioner Pierce indicated that he drove by the property and observed that the site appeared to be well cared for. He agreed that the time has ran out for the continued use of the property as a business. With the completion of the freeway, he could not see any reason to grant the use permit. Commissioner Abshire noted that the Kolotouros family has conducted a successful business over the past several .years. However, the use was incompatible with the area and the neighborhood. He felt that the time has run out for its use and that it was time for the family to change the operation. Chairman Murakami stated that he respected the family for all the time that they have been in this area. He felt that the time has come for this business to let go and cease the operation in this location. PLANNING COMMISSION MINUTES FEBRUARY 28, 1996 PAGE - 12 - Commissioner Asfour indicated that he has driven by the business for the past 13 years and that the applicant should be commended for maintaining a clean operation. He indicated that he was inclined not-to approve the request. COMMISSIONERS SIEGFRIED /PATRICK NO. UP -95 -008, DENYING THE USE UNANIMOUSLY (7 -0). MOVED TO APPROVE RESOLUTION PERMIT: THE MOTION CARRIED Community Development Director Curtis indicated that whether the Commission's decision is appealed or not and if the appeal is denied by the City Council, continued operation would result in violations and that citations would be issued. However, staff would work with the applicant to give them a reasonable time to correct the violations. THE COMMISSION RECESSED AT 9:15 P.M. THE COMMISSION RECONVENED AT 9:30 P.M. Commissioner Asfour recommended that items 5 and 6 be combined as one public hearing with a vote being taken separately. 5. DR -95 -054 - MAXIM INVESTMENTS; 28000 AUDREY SMITH LANE; Request for Design Review approval to construct a new 6,037 sq. ft. two -story residence on a vacant 51,054 sq. ft. hillside parcel. The subject property is lot #1 of the Audrey Smith Subdivision and is located in an R -1- 40,000 zoning district. 6. DR -95 -052 - MAXIM WVESTMENTS; 28021 AUDREY SMITH LANE; Request for Design Review approval to construct a new 5,759 sq. ft. two -story residence on a vacant 44,893 sq. ft. hillside parcel per Chapter 15 of the City Code. The subject property is lot #4 of the Audrey Smith Subdivision and is located within the R -1- 40,000 zoning district. Planner Walgren presented the staff report on agenda items 5 and 6. He noted that Lot 1 would require the removal of three ordinance protected trees. Their removal was anticipated when the map was approved for this subdivision. The remaining thirty ordinance protected trees would be retained. The City arborist has provided a replacement value for the trees to be removed and that this condition has been incorporated in the resolution of approval. Also, the city arborist's measures for tree protection, including the relocation of utility lines, modifications of lawn areas, etc., have also been incorporated as conditions of approval. The issues relating to lot 4 were similar and were primarily related to tree protection matters that have been incorporated in the conditions of approval. Staff recommended approval of both design review applications. Chairman Murakami opened this item to public hearing at 9:30 p.m. Bill Hershman, 1190 Saratoga Avenue, San Jose, applicant, informed the Commission that Mr. McKay, project designer, was present to answer any questions which the Commission RESOLUTION NO. UP -95 -008 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA DENIAL OF USE PERMIT APPLICATION Kolotouros; 20201 Merida Dr. WHEREAS, the City of Saratoga Planning Commission has received an application for Use Permit approval to maintain a nonconforming trucking business and truck storage yard in a residential zone; and WHEREAS, the Planning Commission held a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and, WHEREAS, the applicant has not met the burden of proof required to support said application, and the following findings have been determined: (a) That the proposed trucking operation is not in accordance with the objectives of the Zoning Ordinance and the purpose of the residential district in which the site is located. (b) That the proposed trucking operation and the conditions under which it would be operated or maintained would be detrimental to the public health, safety or welfare, and would be materially injurious to properties or improvements in the vicinity. (c) That the proposed trucking operation will not comply with each of the applicable provisions of Chapter 15 -65 of the City Code. NOW, THEREFORE, the Planning Commission of the. City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the application for Use Permit, exhibits and correspondence submitted in connection with this matter, the application of Kolotouros for Use Permit approval be and the same is hereby denied. Section 2. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. File No. UP -95 -008: 20201 Merida Drive PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 28th day of February 1996 by the following roll call vote: AYES: Abshire;-Asfour, Kaplan, Murakami, Patrick, Pierce & Siegfried NOES: None ABSENT: None Ch ers7 PI—anning ommission ATTEST: Secreta , Planning ommission G.K. Trucking Building Materials November 12, 1995 City of Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Request for extension of Resolution No. UP -91 -001; Use permit for Kolotouros, 20201, Merida Drive This letter is to request a review by the Saratoga Planning Department for the extension of a Use Permit granted by the City of Saratoga, Resolution No. UP -91 -001. G.K. Trucking would like to amend the expired Permit to reduce the number of vehicles permitted to park at 20201 Merida Drive from three vehicles to one. As of November 12, 1995, we were able to speak to all of our most affected neighbors (3 total) regarding any outstanding concerns with the business as it exists today. We also had the pleasure to speak to our newest neighbor located at 12035 Marilla Drive regarding recent concerns about the parking of one truck near the adjoining fence. In our discussion we all came to the agreement that the truck would no longer be parked by the fence resolving all concerns raised in the last few weeks. As outlined in the original request dated February 12, 1991, I would like to run the business with the one truck until my retirement. The truck is my only means of income and I am not at the point in my life where I can start my business from ground zero. I am now 61 years of age and the business will cease when I am no longer able to operate it. Pending any outstanding concerns from my neighbors, I feel my request to be reasonable and in accordance with previous rulings by the City Council. Especially considering the unique circumstances and history of 20201 Merida Drive. Thank you for considering our request. If there are any questions, current or past outstanding concerns from any of our neighbors please feel free to contact us at (408) 252 -5984. We look forward to discussing this renewal request further with the City in the near future. Sincerely, /% u vhf' George and Maria Kolotouros 20201 Merida Drive Saratoga - California 95070 (408) 252 -5984 City Of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attn.: Planning Commission Heather Bradley Dear Heather, FEB 0,2 1996 PLHIVIV 114k-i UtPT. I am responding to the notice of hearing scheduled for February 14, 1996, in which a residence is requesting permission to operate a trucking business out of their home. I am a neighbor and don't want to get my family involved in a neighborhood dispute, therefore I am writing this letter anonymously. It was my understanding that these people had agreed to discontinue operating their business out of their residence as soon as the freeway went in. That never happened and they have continued to drive their trucks through the neighborhood when leaving or returning home. They also spend time in the evenings and weekends making repairs to their trucks, this can get quite noisy at times. Most of this activity is during thespring, summer and fall months but is not limited to those times. I am concerned for the safety of my children because of the people that are hired to drive and maintain the trucks. This is a business consisting of several very large trucks. I am sure that this operation has a very negative effect on the value of our homes and there are many other reasons this business should not be allowed to operate out of a residence. There are no benefits to anyone except to the owners and the people they hire. Please dont assume that if people don't complain openly that they condone this activity. I beg you to stand behind your former position and reject the request for a use permit. FEB 12 1996 PLANNINU DEPT. Mr. and Mrs. Paul & Sue Wang 20211 Merida Drive Saratoga, CA 95070 (408) 253 -0188 February 10, 1996 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Planning Commission Members: Our names are Paul and Sue Wang. We currently reside at 20211 Merida Drive in Saratoga, and have lived there approximately 4 years. Our residence is directly adjacent to the home of George and Maria Kolotouros, on the eastern side of our property line. We are writing this letter to express our hope that the Kolotouros family receive the permit they are requesting. We would also like to state that we consider the Kolotouros family to be excellent and thoughtful neighbors, who have gone out of their way to contribute to the creation of a neighborhood environment that we are fortunate to be a part of. We believe that the Kolotouros household behaves in a manner that is very considerate of our concerns as residents and parents. We have one son and one daughter who currently attend Lynbrook High School. We have never felt that our children's safety was threatened in any way by the Kolotouros' going to and from work. In all honesty, we are much more worried about those residents who drive too quickly around our neighborhood streets, threatening children, pedestrians, and drivers alike. There has never been a case where we felt our privacy was violated by high noise levels or household chores they were performing on their property. When we first moved to 20211 Merida, we were of course aware that a truck was parked in our neighbors yard. We considered it to be a non -issue however, just as parking a recreational vehicle in one's yard would be a non - issue. To put it simply, we consider the Kolotouros family to be good neighbors. When we moved to Saratoga, our hope was that we would find a safe and healthy environment to raise our children. We consider ourselves very fortunate that one of our neighbors is the Kolotouros family, because they share these same values, and have worked with the community to make Saratoga a better place to live. Once again, we request that the Planning Commission approve the permit they are seeking. Thank you for your time. nicer , Hill a r FEB 12 1996 PLANNING DEPT. 12182 Kirkbrook Drive Saratoga, CA 95070 February 11, 1996 City of Saratoga Planning Comnission Members 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Planning Conmission Members: Our names are Donald and Shirley Goss. We have lived at 12182 Kirkbrook Drive, Saratoga for nearly 25 years. We travel every day on Kirkbrook Drive to Merida Drive to Covina Court and onto Prospect. Mr. & Mrs. George Kolotouros live at 20201 Merida Drive which we pass by everyday. Miere have .never been any traffic problems, noise problems or any public nuisance caused by trucks being parked in the Rolotouros' yard. They have a unique corner lot and the large parking area behind their house is not visible from the street so area residents are never aware of the trucks. The Kolotouroes make their living with these trucks, we know then personally, and they are honest hard-working people. They have sent two sons to universities in the area. They have.been in business 45 years. We urge you to renew their expired permit and let their continue working in peace until their retirement. They should not be deprived of making a living. We are sorry that we are unable to attend this meeting due to prior commitments. Please exercise good judgment in making your decision. Thank you for your consideration. Sincerely, Donald C. Gross Shirley ss FEB 12 1996 PLANNINU DEPT. February 10, 1996 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Hearing UO -95- 008 - Kolotouros 20201 Merida Drive Dear Planning Department Members: My family has lived at 20255 Merida Drive since 1972 and are 3 doors from the Kolotouros family. We have never been bothered by their trucking business. They have reduced the number of trucks they have to only one or two. The Kolotouros property is very unique. It's completely surrounded by walls so that nothing can be seen from the neighborhood. Anything going on behind their walls is their business, just like in your own bedrooms and backyard. The Kolotouros family should be able to do what they want with their own property. They have made and continue to make every effort possible to be good neighbors. They have come and asked us how they could be better neighbors many times, and they have always respected any recommendations we could make. We only wish all our neighbors were so willing to ask how they could make the neighborhood better. We do not and have never felt that they operate their vehicles in an unsafe manner. We cannot say the same for other neighbors in the community who think of Merida Drive as their personal race track. Just last week, a reckless driver drove up onto my lawn for perhaps the 20'h time in the years we have lived at 20255 Merida. We think that if every driver was as cautious and safe as George Kolotouros, the roads would be much safer than they are now. We recommend they receive the permit they are seeking until Mr. Kolotouros retires and we hope they can live happily ever after. Their boy's are choosing a different line of work and will not continue their trucking business.^ Douglas & Barbara Frandsen cc: File Mr. and Mrs. George & Maria Kolotouros FEB 12 1996 PLANiviivu utPT. Mr. and Mrs. Allen C. & Beth L. Stitt 12055 Kirkwood Drive Saratoga, CA 95070 February 11, 1996 Saratoga Planning Commission City Offices Dear Planning Commission Members: We have been owners of 12055 Kirkwood Drive, Saratoga since 1969. We are directly across the street from the Kolotouros property. We have never had a problem with noise or traffic with them. They have always been considerate, cooperative and wonderful neighbors during the 26 years we have known and lived next to them. We hope that the Saratoga Planning Commission will approve their permit and let them remain as long as it is necessary for Mr. Kolotouros to continue his livelihood until his up- and- coming retirement. Sincerely, Allen C. & Beth L. Stitt let Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Planning Commission: 1< : Marilla Drive Saratoga, California 95070 February 12, 1996 RECEIVED FEB 13 1996 PLANNING DEPT. We regret that we did not meet the Thursday deadline to have our letter included in your information packets, however, we hope that you will consider our correspondence regarding UP -95 -008 (APN 386 -45 -075), the request for use permit approval to allow a nonconforming commercial trucking business to continue within a residential zoning district. We are unable to attend the public hearing on February 14, 1996. The property requesting approval for this permit is on a neighboring street, and there are no other commercial businesses. We had noticed the trucking business as a result of numerous occasions when the trucks have blocked the street as they are backing onto the residential property. Additionally, we have heard repairs being performed on the trucks and have noticed the increase in diesel fumes. When walking down the street on the weekend, it is obvious that the activity is not a result of traffic on Highway 85 or Prospect Road, but results from the trucking business. It is obvious that trucks are parked and repaired on an daily basis on this property. Most residents use Covina and then Merida to approach their homes, as do many students on their way to Blue Hills School. This street is the most direct way for many of our neighbors to approach their homes, in addition to providing quickest access to Prospect Road, Saratoga - Sunnyvale Road, Highway 85 and Blue Hills School. The traffic on this small residential street can be more than it appears from reviewing a city map. There is no reason to have the added traffic in this residential neighborhood, not to mention the additional noise and air pollution. We strongly oppose the zoning use variation requested by the owners of the residential property. We understand that the business has had a permit in the past, however,. there has been sufficient warning that this permit would expire and that this business would need to find other property for the trucks. We appreciate the requester's position, however, a commercial trucking business should not be run from our neighborhood. Regards, Pam and flick Ehrlich RECEIVED MAR 131996 Planning Commission 3311 Cove Circle PLANNING DEPT. City of Saratoga Stockton, Ca. 95204 13777 Fruitvale Avenue March 8, 1996 Saratoga, Ca. 95070 RE; UP -95 -008 (APN 386 -45 -075) - Kolotouros; 20201 Merida Dr. Dear Planning Commission: We regret that we did not meet the deadline for the meeting to have our letter in with your information packet, however, we hope that you will consider our correspondence regarding the above, the requesf for a use permit approval to allow a commercial trucking business to continue in a residential area. We never received notification of such meeting and would like to have on record our current mailing address for future notices (please see below). We understand that this permit was denied at the February meeting, and that the said party is asking for an appeal. The property requesting this permit is in a residential neighborhood. We have complained about this as a problem in the past and they just keep getting the use permit renewed. Our property is next door to this Trucking Business and when we were living there the trucks were constantly a nuisance, the smell of diesel, the annoying noise evenings and weekends of working on the trucks. We had our house on the market for sale and were unable to get market value because of the Trucking Business in our back yard. If you would like more information on this, we can arrange for you to talk to the Real estate agent. We have since taken the property off the market and are renting it. We were told that when the new 85 Freeway was completed that the Trucks would no longer be coming into 20201 Merida Dr.. But we can see that this is not true. We hope that something can be done about this problem as we strongly oppose the zoning use variation requested by the owners of the residential property. Sincerely, Leon and Lorraine Pettitt Owners of; 12035 Marilla Dr. Saratoga, Ca. 95070 Mailing address; 3311 Cove Circle Stockton, Ca. 95204 Phone; 209 - 941 -9551. - 1 - 20201 Merida Drive Saratoga, CA 95070 March 26, 1996 City of Saratoga City Council Members: Ms. Ann Marie Burger, Mr. Paul Jacobs, Mr. Gillian Moran, Ms. Karen Tucker, and Mr. Donald Wolfe 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Members of the Saratoga City Council, We are writing this letter to thank you in advance for taking under consideration our appeal of # UP -95 -008: 20201 Merida Drive, presented to the Saratoga Planning Commission on 2/28/96. In this letter we will explain our reasons for wishing an extension to our use permit and clarify some issues that we feel were misrepresented in the Planning Commissions deliberations; part fault of our own for not completely clarifying our request and not being able to correct some of the Planning Commissioners' assumptions during their deliberation. At that time we were unaware that the public hearing could be reopened during the Commission's deliberation. We would also like to apologize in advance if you find this letter lengthy or detailed. This matter is of great importance to our family and we do not wish to make the same errors we had during the Planning Commission's hearing by assuming the members understood the basis of our request or the unique history of the property for that matter. We encourage and hope that you will all have a chance to review not only this letter but the minutes of the Planning Commission's deliberations in detail. Brief History of 20201 Merida Drive Home For those of you unfamiliar with the residence we would like to explain the unique nature of the home and business. The home was originally built and owned by one Mr. Rankovich. Mr. Rankovich owned a good deal of land in the Blue Hills area which was utilized for farming (primarily cherry orchards) prior to Saratoga's incorporation and zoning ordinances. The home is the original farmhouse built by the Rankovich's in the late 1940's. The home was built with the intention of it being a working farmhouse with a fuel tank and pump on the premises. This was done to service the heavy machinery used for the farming operation. Our father became interested in the property due to several factors associated with its unique nature; (1) Mr. Rankovich was operating tractors and multiple pieces of heavy equipment on the premises, and (2) its location; the home being near a busy thoroughfare (Prospect Road) drowned out any possible noise created by the business itself. This was all back in 1969. Permits 16 years later in 1985 we approached the Planning Commission to obtain a permit for the business based on the concern of a single neighbor. Prior to this single individual new to the neighborhood, never in the 16 year period between 1969 and 1985 was there any mention by any neighbor of the business having a negative effect on the neighborhood. Furthermore, the city also seemed to be little concerned with G.K. Trucking for those 16 years. Excepting for this one individual, the consensus was that we were valued neighbors and many were not even aware a small business was run out of the home at all. Letters by all our adjacent neighbors and a petition to validate that fact were submitted to the Planning Commission at that time. A permit was granted. In 1988, we requested an extension of our permit. Once again our neighbors rallied to our support citing the unique circumstances of our home, our contributions to the neighborhood, and the fact that the business had no negative impact on the neighborhood. An extension was granted until the completion of Highway 85. During the period after our extension, understanding that our father was nearing his retirement and our permit would expire at the completion of Highway 85 the business was dramatically changed: *Business downsized from 8 trucks to 4 trucks. *The trucks eliminated were all of the "18 wheeler" variety that had trailers. The smaller trucks kept were the size of a medium to large sized recreational vehicle. *The fuel storage tank, which had tested negative to any leakage was proactively removed by us. (Currently, the State and County are still organizing the disposal process in our yard) *The family decided that upon my father's retirement (currently 61 years old) the business would not continue. Neither son would be taking up the business. AND MOST IMPORTANTLY: *Parking was found for three of the four trucks. The fourth truck being the one my father drives. Although not relevant to this case, the other trucks, having the same size as the one our father drives (size of medium/large RV) are parked in adjacent cities at each of the drivers residences with no problems being raised by those respective cities. It should be quite apparent from the actions we have taken that indeed the business is nearing its end. Our Request Our request is that you permit one vehicle to park on the premises until our father retires. My father is currently 61. Once again, we would like to assure the Council that the business will no longer exist when my father retires. Having said this we do not feel our request is unreasonable based on the unique circumstances of 20201 Merida and the support of our neighbors which we are so appreciative of. Enclosed you will find a photo of the vehicle so that you may compare its size to a medium/large sized RV. The vehicle works approximately 8 months out of the year and the remaining time remains idle. The vehicle can in no way be seen from Prospect Road or Merida Drive. It is completely out of sight. We invite all the Council members to visit our home and the surrounding area to see for yourselves what impact the single truck has. If it is not too much of an imposition we intend on calling each of you to personally invite you to visit our home and neighborhood. We encourage you to weigh all correspondence emanating from our neighbors in deciding what negative effect, if any, we have had on the neighborhood. The Planning Commission Minutes Once again we would urge all of you to review the minutes of the Planning Commission meeting and especially the deliberations amongst the Commission members so as to understand why we are so concerned about the outcome of our request. Let us briefly outline the main topics discussed by the Planning Commission members during their deliberations: i.) Smell of Fuel: Almost every planning member mentioned the smell of fuel on our property in their discussion. This is true. But what they a failed to consider is that the smell was from the removal of the existing fuel tank dating back to the 1940's. We initiated its removal (at great cost) so as to eventually remove any semblance of a farmhouse or trucking operation at 20201 Merida. The smell emanates from the dirt removed and stored in our yard by the County. By law, we may not remove it or tamper with it until the County has completed its processing. We would gladly remove the intrusive dirt pile from the middle of our yard if allowed to. Once the County has completed its testing it will initiate the removal of the dirt. We were led to believe by the manner in which the planning members were talking that the smell was significant evidence of our business being a detriment to the neighborhood -which in no way is the case. 2.) Big Business: It was our impression that the Commission members understood that all we were requesting was for permission to operate a single vehicle from our home. We left with the feeling that the Planning members felt the same operation was in place as in the past. As was outlined earlier, the business is being phased out: we no longer have 8 trucks, we no longer have fuel storage at our home, we are not requesting to have 3 trucks parked on the premises as was the permit in the past—we simply would like to park the ability to park a single smaller truck at our home so that my father may retire in peace. 3.) Good Neighbors: Several of the Planning Commission members commended us on being good neighbors based on many of the letters they received from our neighbors. And yet this seemed to have very little weight in light of their decision to deny our request. Furthermore, one planning Commission member felt it appropriate to consider an anonymous. Without a name or even an address how do any of us know if it is written by a legitimate concerned Saratoga citizen or someone who just does not like GK Trucking and may not even live in Saratoga for that matter? We feel for the Planning Commission member to even mention the anonymous letter or place any legitimacy on it is inappropriate. A good deal of blame should be placed on us though. By the way the Planning Commissions deliberations went it is obvious that we did a very poor job in presenting ourselves or our objective. In hindsight, we should have asked that the public hearing be reopened so that we could address the concerns they raised. As we have tried to do in this letter. Furthermore, due to our hearing being postponed by the Planning Commission, many of our neighbors that came to the original hearing could not attend the rescheduled hearing. We understand that it is the Planning Commissions duty to look after the well being of the Saratogan citizenry not only in the present, but for the future. Many of the decisions it makes regarding variances, permits, and the like are based on what is the long term impact. From the deliberations, it seemed to us that the reason for denying our request was simply a feeling of, "You are using your house for a nonconforming use and your time is up...." We once again urge you to review the minutes of the deliberation for yourselves. With all due respect to the Planning Commission, we feel that their decision was hastily made, was not equitable, and excepting for one planning commission members personal input shows very little sympathy or compassion. We are not talking about a major trucking operation that is requesting to operate indefinitely. We are asking you to allow a 61 year old man to park a single truck (his only livelihood) in his yard until his retirement in 3 years — maybe less. The truck is completely out of sight and is no louder than the adjacent Highway 85. Again, we realize our request is just as unique as the home we live in. A home with a history that dates back to the infancy of Saratoga. We can only ask you to objectively weigh the issues concerning parking a single truck in our yard (i.e. sight, sound, etc.). We hope you consider the input of all our neighbors and friends that live with us and what impact we have had on them. If the City Council finds that we pose a significant negative impact on our neighbors we must accept that decision. But if the Council finds otherwise, we thank you for allowing our father to retire in peace. This business ends, the trucking ends with my father. Please carefully consider all the issues before taking this away from him. Thank you for your consideration in this matter. If any questions arise prior to or during our appeal please do not hesitate to call us. Respectfully Yours, 2 c r Iv o✓A PI 1 u . I 2 3 3 4 5 6 ' i� v » I _ I� !r r e aol�(Iss e ci D - Pc�,r.� « ._ a 134, b F _ _ StaS 9? _r y'� 6 7 3 �; 9 I I (I I it 126W C&-:— o ve-o 8 9 T 10 d 1`0 + Z/ IXIA oi 4� z 5 ISS 93 z3_ I 12 12 13 14 15 PIK, & -7 13 15 16 17 � --,y Gross Z 17 74— 18 19 20 21 "'Flo IA'�'KVAWA�� DA A)A.) L) LJ F- 4— nn 1 11 206 2 22 23 24 2 d Q11 IWO t4y,le A— 22 23 2 q7 25 26 7.) o'7 ZSL,)g z 25� 26 27 28 OA 0 A ilww _o 27 28 29 ps 01111ACA, c I IV, LL 29 30 30 31 32 33 6 Z_ R J. 7. 1 at 31 32 33 34 TI 35 36 37 38 39 ov _T2_ ri 35 3 3 39 40 40 _lLJl_LLLI==U il Wat, YJ A K-. L; File No. UP -95 -008: 20201 Merida Drive EXECUTIVE SUMBIARY CASE HISTORY• Application-filed: 11/13/1995 Application complete: 01/22/1996 Notice published: 01/31/1996 Mailing completed: 02/01/1996 Posting completed: 01/25/1996 PROJECT DESCRIPTION: Request for Use Permit approval to allow a nonconforming commercial trucking business to continue within a residential zoning district. The subject property fronts onto Merida Drive and abuts Prospect Road to the north and Route 85 to the east. The parcel is 20,878 square feet in size and is located in an R- 1- 10,000 zoning district. STAFF RECOMMENDATION: Deny the request for Use Permit approval by adopting Resolution UP- 95 -008. ATTACHMENTS: 1. Staff Analysis 2. Resolution UP -95 -008 3. Resolution UP -595 4. Resolution UP -88 -015 5. Resolution UP -91 -001 6. Correspondence File No. UP -95 -008: 20201 Merida Drive STAFF ANALYSIS ZONING: R -1- 10,000 GENERAL PLAN DESIGNATION: Residential Medium Density (M -10) PARCEL SIZE: 20,878 square feet PROJECT DESCRIPTION: The applicant is requesting Use Permit approval to allow a nonconforming commercial trucking business to continue within a residential neighborhood. The site is triangular in shape with the rear (northeast) property line adjacent to Prospect Road and the Prospect Road -Route 85 overpass. The site is northeast of the intersection of Merida and Kirkbrook Drives. There are residential properties to the south, southeast and west of the site. Access is only available from Merida Drive since construction of Route 85 eliminated the property's access onto Prospect Road. PROJECT HISTORY: December 1985 The Planning Commission approved Use Permit # 595 to allow the continuation of the nonconforming commercial trucking operation subject to the conditions that; a wood fence be continued along the property to reduce the visibility of the trucks, and that the applicant obtain a permit for or abandon the underground fuel tank. The Use Permit was valid for three (3) years with the requirement that one of the three trucks be removed each year. The intent was to allow the applicant to gradually phase out the operation. December 1988 The Planning Commission approved Use Permit # 88- 015 subject to the conditions. that; the permit expire and the use be terminated on July 11, 1990, or when Route 85 construction eliminated access to Prospect Road, whichever occurs first: that only three trucks be allowed on site, and no vehicle repairs of any kind be allowed. March 1991 The Planning Commission approved Use Permit # 91- 001 subject to the same conditions as UP -88 -015 except that; the permit would expire and the use be terminated when construction of Route 85 prohibits File No. UP -95 -008: 20201 Merida Drive access onto Prospect Road or as determined by the Planning Director. October 1992 Completion of Route 85 prohibits site access from Prospect Road causing Use Permit # 91 -001 to expire. Since the initial Use Permit was approved in 1985 there have been many complaints made to the City regarding violations of the conditions of approval. These complaints primarily regarded repairs to trucks and the number of trucks kept on site. During the previous Public Hearings neighbors have vocalized both support and opposition to the trucking operation. Neighbors who have no objection make the point that the business existed before anyone moved to the neighborhood and they were aware of the operation when they bought their homes. Others claim that the operation has intensified since they moved to the neighborhood and that the noise, fumes, and traffic are negatively effecting them and their property values. Since the construction of Route 85 which effectively terminated the Use Permit there have been continuing complaints and Code violations filed with the City. These complaints have led to a number of investigations and citations. The citations have generally been for Code and Health Department permit violations. For example, that trucks were being parked on the property, repair work was being conducted on trucks on the property, and fuel was being stored on site in an underground tank without proper permits. PROJECT DISCUSSION: Because the previous Use Permit has expired the business is now in specific violation of the Motor Vehicles and Traffic Code sections 9- 40.010, 9- 40.020, and 9- 40.050. These sections prohibit commercial trucks (five ton capacity) of the size used by the applicant to use residential streets or be parked on private property in a residential zoning district and further, prohibits vehicle repair in residential.districts on a regular basis. The applicants are also in violation of certain sections of the Home Occupation Ordinance which prohibits the following in residential zoning districts; storage of equipment outside the dwelling, the appearance of the business beyond the boundaries of the site, more than one truck of % ton capacity, and truck traffic significantly in excess of the normal amount for the district. Because the use has been in existence for such a long time it is not known whether the applicant has ever received approval for a home occupation with their business license. File No. UP -95 -008: 20201 Merida Drive The following list provides examples of some recent Code violations. January 1995 Complaint filed with the City regarding repairs to a truck on site after expiration of Use Permit. February 1995 Complaint filed with the City regarding storage of diesel fuel on site, Health Department states that fuel storage tank permit expired in February 1994. May 1995 Complaint filed with the City regarding storage and repair of trucks on the property in the evenings and on weekends in violation of City Ordinances. July 1995 Health Department inspection finds several violations related to fuel storage. November 1995 Sheriff issues citation for having trucks on site overnight in violation of City Ordinances. Staff has been in contact with the Santa Clara County Department of Environmental Health and the Santa Clara Valley Water District regarding removal of the underground fuel tank. The applicant has removed the tank and is in the process of soil remediation which is being overseen by the Water District. FINDINGS• In order to approve the continuation of a nonconforming use through the granting of a Use Permit the Planning Commission is required to make three findings pursuant to Section 15- 65.140 of the City Code: 1. The use is compatible with the objectives of Chapter 15 -65 and the purposes of the R -1 zoning district. An objective of the Chapter is to protect conforming uses from inharmonious influences and enhance property values. Although the site is screened, Staff has concluded that the trucking business does not comply with the objective and represents an inharmonious influence to the residential neighborhood. Additionally, as indicated in a letter from a neighbor, the business is perceived as having a "negative effect on the value of our homes ". 2. The conditions under which the use, will be continued will not be detrimental to public health, safety, or welfare. Staff has determined from the numerous complaints and citations for violations mentioned above that this use is causing disruptions of the neighborhood beyond what is normally acceptable in residential districts. Since the File No. UP -95 -008: 20201 Merida Drive trucks can no longer use Prospect Road for ingress and egress. there is a potential threat to traffic safety in the surrounding neighborhoods. 3. The use will-be compatible with and not detrimental to uses and properties in the area. Staff finds that the operation of .a trucking business in a residential neighborhood is not a compatible use. The business represents a disruption to neighborhood peace and safety, due to noise, commercial truck traffic, fumes, and the storage of unsightly trucks. It should also be noted that staff has recommended denial of each previous Use Permit request upon consistently finding that this commercial trucking business is incompatible with the residential neighborhood. Conclusion: Although the trucking business has been in operation for approximately 25 years, the applicant has known for the past eleven years that the use was meant to be phased out. More recently, the applicant was also aware that the use was supposed to terminate when construction of Route 85 eliminated access from Prospect Road. Since the findings for approval cannot be made and based on the history of conditional approvals and the number of citations issued for violations of the previous Use Permits staff is recommending denial of application UP -95 -008. If the Planning Commission approves this Use Permit a Resolution of Approval would be prepared for adoption for the February 28, 1996 meeting. RECOMMENDATION• Deny the application by adopting Resolution UP -95 -008. <r'M1Y ray PILE NO UP-595"'4..' J n L4l4 t F R' -] kp tlt•� w. T %7 ✓�`K {� r,, j x, rtt � 1 t ;„, 7 n� �� . �'Jha7RESOLUTION NO,l UP -595 -1 " ,CITY,: OF . SAr.ATOGA PLANNING COMMISSION ' n { OF STATE 7 � CALIFORNIA rr ` WIIEr.]rAS„ the •City of Saratoga Planning Conumiission has received tha application of GEORGE AND MARIE KOLOTOUROS for a Use Permit to allow a nonconfo rming truck /agricultural use to continue operation at 20210 Prospect Road p ( s and WHEREAS, the applicant (has) RXXXXXX4 met the burden of proof required t' Support his said application; NOW, THE -FORC, BE IT RESOLVL•'D that after careful consid�. ration °.•' i• Yl of snaps, fact:;, oxliihits and other ` Y ••- - evidence submitted in. this: matter, the application for the Use Permit be, and the same is here- by (g ) 9:t/1s 9=) subject to the following conditions: z: Per the amended Staff Report dated December 4, 1985. 4 k ` BE IT FURTHER RESOLVED that (the Report of Findings attached hereto , r i �w be approved and adopted) ( t? t�f}{} i4l C? ci�XC3CX�X�xr34tX�fiLKdCX��X }�K,� '<� s�it ' , �E}(Sd}�;fi74RJ�I�X7�XX�Rx►7rt, and the Secretary be, and is hereby directed to;'.' X73.•` +.i: 1.. . ::'Tr.•• .'i Ei14'.. notify the parties affected by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of December 85 19 , by the following roll call vote: AYES: Commissioners Burger, Guch, B. H J. Harris, Peterson, Pines and Peterson NOES: None . v� ABSENT AT!' None �7 JrS S � -S.dy( w! tit.: •.. •: : "c• �.... .. • .. '1" :� FR�•. . i .,ec.ruLaiyy�wrtr•y�r:arr_.t't� sN; r,: aitvnrr�Y4 ...Ch81Xm8n:'�Plnnninc,• (`c�mmiacinn `'�''• .,.. .. _ 7 .a, Repot - P.lanninp;Commiaaio Date" 12/2;85 >� oapect `,Kolotouros ,i* gT Pepe 4 L a fa wily be',,d tuned and remedied by County Health during the required X permit_ process (fb"` 4.. Compatibility with Land Uses a(od Properties in the Surroundina Area A nursery is located on state property 'to the cast of the site. Trucl.s are used by the nursery. Vacant lano is located across Prospect Road. The `operation is compatible with the uses. However, residential properties are located to the south and the west. The operation is not :v :.�;•; compatible with the residential use. ti,`•,T RECOMMENDATION: Staff recommends denial of the Use Permit having been -, ' unable to make Findings Y1, $2, and 44. If the Planning Commission wishes to approve the application Pe r Exhibit B, the necessary findings must be made and Staff has recommendp.d conditions: 1. The 'wood fence shall be Cont. + :nued along the eastern •;;" :��., fl Gordon of the property to reduce the visibility of the trucks as seen driving along >r•� P Road. rospect 2. The operation shall be phased out. One truck shall be removed each year from the site. The use permit is valid for 3 years. P.C. Agenda: 12111185 3. The applicant shall obtain a permit for or abandon the underground fuel tank.. The applicant shall contact the County Health Department within two weeks of the date of the approval. APPROVED: �Ai✓ /t'l 44,,-t./ Lucille H15e ? Assistant Planner � �4, � 1i ,i; LHi;ah P.C. Agenda: 12111185 � �4, � 1i Use Permit A RESOLUTION NO. UP -88 -015 RESOLUTION OF THE SARATOGA pLANNING COMMISSION CITY OF SARATOGA APPROVING AN EXTENSION OF A USE PERMIT KOLOTOUROS, 20210 PROSPECT ROAD WHEREAS, The City of Saratoga Planning Commission has re an application for the extension of a Use Permit received nonconforming storage and maintenance to maintain a residential zone; and yard for trucks in a WHEREAS, the Planning Commission has conducted a dui Public hearing at which time all interested full opportunity to be heard and to Parties were Y noticed evidence; and given a present WHEREAS, the Planning Commission has to approve application UP -595 which allows paenonconformin findings business to operate at objectives of the zoning ordinance Prospect Road relative tom` "king health and safety, . the maintenance of the t� the the zoning ordinance; and compliance with the applicable Pubic s and provision of WHEREAS, the Planning Commission finds that these fin previously made in granting UP -595 are currentl dings Y present. W THEREFORE, Planning esolve asfllow s: City o-f Commission Section 1. After careful consideration of the and other exhibits submitted in connection with site this application of George Rolotouros for use permit Plan, the same is hereby extended subject to the a matter, the approval be and 1• This following conditions: Permit shall expire and the use terminated on 1990, or when Route 85 construction eliminates the applicant's access to Prospect Road; whichever occurs first. July 11, 2. The maximum number of trucks allowed to be stored on be three. site shall 3. No vehicle repairs of any kind are allowed at this site Section 2. Applicant shall si • these conditions within 30 days of the gn the agreement to resolution shall be void, passage of this resolution or said Section City and other 3. All applicable - requirements of Governmental entities must be met. the State, County, section 4. Unless a Article 15 -90 of the Saratoga pursuant to the requirements of become effective ten City Code, this resolution shall (10) days from the date of adoption. 1 r t UP -88 -015, 20210 Prospect Road PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of January, 1989, by the following vote: AYES: Ca missioners G ch, Harris, Tucker, Burger, Kolstad NOES: None ABSENT: Commissioners Tappan and Siegfried Chairman Planning Comm Sion Secr ary, P nning Commission The foregoing conditions are hereby accepted. - G�•Siy.S C1 _ ,�� +..,fir �.� � . .- y !/ Signature of Applicant r O Date UPVAR 2 jo1919 9 PLANNING DEPT, RESOLUTION NO. UP -91 -001 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION CITY OF SARATOGA APPROVING USE PERMIT Rolotoures, 20210 Prospect Road WHEREAS, the City of Saratoga Planning Commission has received an application for the extension of a Use Permit to maintain a nonconforming storage yard for trucks in a residential zone and; WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds: (a) That the proposed truck storage /operation is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. (b) That the proposed truck storage /operation and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, and would not be materially.. injurious to properties or improvements in the vicinity. (c) That the proposed truck storage/ operation will comply with each of the applicable provisions of this Chapter. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, and other exhibits submitted in connection with this matter, the application of George Rolotouros for use permit approval be and the same is hereby extended subject to the following condition: 1. This permit shall expire and the use terminated when construction of Route 85 prohibits access onto Prospect Avenue or as determined by the Planning Director. 2. The maximum number of trucks allowed to be stored on site shall be three. 3. No vehicle repairs of any kind are allowed at this site. Section 2. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said rsolution shall be void. Section 3. All applicable requirements of the State, County, City and other Govermantal entities must be met. File No. UP -90 -001; 20210 Prospect Road Section 4. Unless appealed pursuant to the requirements of Article. 15 -90 of the Saratoga City Code, this resolution shall become effective ten (10) days from the date of operation. Passed and adopted by the City of Saratoga Planning Commission, State of California, this 13th day of March, 1991, by the following vote: AYES: BOGOSIAN, DURKET, MORAN, TUCKER NOES: FORBES ABSENT: CALDWELL G • Ch irman, Planning ClorWission ATTEST: File No. UP -91 -001; 20210 Prospect Road IA440- twait I AW - Secre ary, Planning Cdtiksslon The foregoing conditions are hereby accepted. Signature of Applicant Date �'� 0 /� .... �� P Exhibit 4: Front profile of vehicles. 0 M) N V Shirleen Carmichael 12077 Kirkbrook Drive Saratoga, CA 95070 April 13, 1996 Saratoga City Council City Offices Mr. Paul Jacobs, Ms. Gillian Moran, Ms. Karen Tucker, Ms. Ann Marie Burger, Mr. Donald Wolfe: I am very sorry that I am unable to attend this meeting due to previous engagements, but I would like to express my feelings in reference to this matter. My name is Shirleen Carmichael and I have lived on 12077 Kirkbrook Drive, right across the street from the Kolotouros residence for the past 26 years. I am not a so- called friend or relative of the Kolotouros', but having lived right across the street from them, I see them every day. I can also say that they have not created traffic, noise or pollution in our neighborhood. Their house is unique and well -kept, with beautiful flowers and trees surrounding their property. Their property is fully - enclosed, and with the trees it is very difficult, if not impossible, to see what is in their yard. I very much support the Kolotouros petition to give Mr. Kolotouros permission to drive his truck to and from work everyday. Sincerely, _ Shirleen Carmichael MEMORANDUM DATE: April 3, 1996 TO: City Council FROM: Harry Peacock, City Manager, SUBJECT: Kolotouros Appeal - Request for Continuance The applicant has appealed the denial of a Conditional Use Permit by the Planning Commission. Staff has received a letter asking for the City Council to grant a continuance of the public hearing from April 3rd to April 17th. The current City policy is to grant a first request for continuance at no charge. Any subsequent request for a continuance requires that a fee be paid. Since continuances can only be granted by the City Council, staff is not authorized to make such an approval before the fact. It is our policy to note on the agenda that the request for appeal has been submitted and that the City Council may grant the request rather than proceeding with the hearing as scheduled. As a matter of practice the City Council has routinely granted a first request for continuance. I do not recall any such request being denied by the City Council during my tenure with the City. However, the discretion to do so rests with the City Council on a case by case basis. Ms. Kolotouros has been so advised. I Date Received: q t" it Hearing Date: .? �C_1 a f�- Fee: 13, vii FEB 2 9 1996 D CITY Ur' SARATOGA Receipt No.: CITY MANA(;fat'S QyFILg APPEAL APPLICATION Name of Appellant: C 01✓ioC D X 4,0 �d Address: :��,��/ �P1�1 �!� �� 0% , S 70 22 Telephone: Name of Applicant (if different from Appellant: Project File Number and Address: �_; l— �i� 4' Decision Being Appealed: Grounds for Appeal (letter may be attached): . i z c CltmpS / r .l ('01 -�� *Appellant's Signature *Please do not sign until application is presented at City offices. If you wish specific people to be notified of this appeal, please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED TO THE CITY CLERK, 13777 FRUITVALE AVENUE, SARATOGA CA 95070, BY 5:00 P.M. WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE OF THE DECISION. yz�-/16, File No. AUTHORIZATION FOR PUBLIC NOTICING i as appellant on the above file, hereby authorize Engineering Data Services to perform the legal noticing on the above file. Date: 1,2 - R Signature: '1� ? . p SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 CO) ? � AGENDA ITEM MEETING DATE: April 3, 1996 ORIGINATING DEPARTMENT: Commun' y Development CITY MANAGER APPROVAL: JF SUBJECT: DR -94 -042 - Skov; 14970 Sobey Road 7A Appeal of Planning Commission approval of a Design Review request to construct a second story addition to an existing single story residence. The appellants are Richard and Diana Anderson of 14971 Quito Road. Recommended Motion: Deny the appellants' request and uphold the Planning Commission's approval of the Design Review application. Project Description: The applicant is seeking approval to construct a new 536 sq. ft. first story addition and a 769 sq. ft. second story addition to an existing 4,154 sq. ft. single story residence with a detached garage and recreation room. The subject property has a net site area of 44,328 sq. ft. and is located within the R -1- 40,000 zoning district. The property is characterized by westward sloping topography; however, the building site is virtually flat. Summary of Planning Commission Action: The application was heard by the Planning Commission on February 14, 1996. Staff's review of the project concluded that the Design Review findings could be made and staff recommended approval of the project with the conditions as listed in the Resolution. The attached staff report includes the analysis and findings supporting this recommendation. As the attached minutes reflect, opposition to the proposal was expressed at the public hearing regarding the effects of the proposal on existing views and privacy. After reviewing neighborhood concerns, the Commission approved the application with an additional condition requiring that the applicant eliminate the proposed second story deck. The application was approved by a vote of 5 -2, with Commissioners Patrick and Pierce voting against the project. Appeal: The appellants, Richard and Diana Anderson, live at 14971 Quito Road which is located directly to the east and above the project site. The Andersons have stated in their grounds for appeal that they feel the Planning Commission has failed to make adequate Design Review findings to approve the application for a new second story addition. They have expressed concern regarding the height of the addition and its impacts on their existing hillside views. Recommendation: At the February 14, 1996 public hearing, the Planning Commission gave careful consideration to the proposed project. Prior to the meeting date, they visited the Skov property, as well as the Anderson property and the downslope Pouliot property, to assess the existing site conditions and the potential for impacts on surrounding neighbors. Ultimately, they found that the necessary Design Review findings could be made to approve the application with the conditions as listed in the approved Resolution. Based on this review, staff recommends that the Planning Commission decision be upheld and that the appeal be denied. Public Notice: A public notice was mailed to property owners within a 500 foot radius of the subject parcel and published in the Saratoga News. Follow Up Actions: A Resolution will be prepared reflecting the City Council's action which will be placed on the agenda of the next regular City Council meeting. Attachments: 1. Appeal letter 2. Planning Commission minutes 3. Resolution DR -94 -042 4. Staff Report dated February dated February 14, 1996 14, 1996 (with attachments) n-t— c.�..r.I. 4 C-4 . G..v� h � ►�u� � o ,-,.� v.-� l S S l w. i'\d -o I��-�- —► +� `-" ^"�+� -'1 A" —1 /V \YJY'DV t Sl o�S -c S(J. 040• 0 80 Xrb �w�c..QCt GA- �.t y-c�t� ►'� �/J �" -rrt .-� cQ. �,-.� L�r-� s. he='s P-". t LA*- v-L yr kt s b Al � cow_ CiLY- \-&,,% r --poY t., V tsrt. a-"o cr u-s- lo-', CQ . �� �-J� ) Pr4k�hso�. • F�- irk- Sy-+', � tC�.�_ s�-� 5070 SARATOGA CITY COUNCIL REF: DR -94 -042 (APN 392 -04 -090) February 14,1996 PRESENTER: Richard F. Anderson AT ISSUE: - REQUEST BY NEIGHBOR TO ADD A 2nd STORY TO AN EXISTING STRUCTURE." MY POINTS OF CONTENTION: o SUBJECT PROPERTY HAS A CLOSE SETBACK TO OUR PROPERTY LINE. THIS PLACES THE CURRENT STRUCTURE CLOSER THAN USUAL TO OUR LIVING AREAS o A 2nd STORY IS DIRECTLY VIEWABLE FROM OUR LR, FR, ENTRY WAY, OUTSIDE LIVING AREAS. AND, DIRECTLY BLOCKS 100% OF THE HILLSIDE VIEW FROM OUR NEW GUEST COTTAGE. ! o SUCH AN ADDITION DRAMATICALLY AFFECTS - * PROPERTY VALUE * OUR ENTIRE LIVING ENVIRONMENT * SETS A PRECEDENT FOR OTHER NEIGHBORS WHO MAY INTEND TO FOLLOW SUIT. o TWO YEARS AGO, THE PLANNING C0MVIISSION - APPROVED, then rescinded, AN ARCHITECTUAL PLAN FOR REBUILDING OUR GUEST COTTAGE. IT WOULD HAVE BEEN 3' HIGHER THAN CODE. WE SCRAPPED $5000 OF DRAWINGS AND FEE'S & DESIGNED THE PRESENT STRUCTURE. NEITHER ROOF PLAN WAS VIEWABLE FROM A NEIGHBOR ! ! ! ! NOW YOU & I ARE DISCUSSING AN ENTIRE 2nd STORY ON A NEIGHBORS STRUCTURE. WHY SHOULD SUCH A PLAN EVEN HAVE BEEN ALLOWED TO BE SUBMITTED? I & TWO OTHER ABUTTERS ARE UPSET, & AGAINST THIS PROPOSAL. o THE PROPERTY OWNER WAS PREVIOUSLY AWARE OF OUR OBJECTIONS. o WE ARE PROPERTY OWNERS OF SENIORITY. I DO NOT FEEL THAT A NEWER NEIGHBOR HAS THE RIGHT TO OBSTRUCT MY LIVING PLEASURE OR DEVALUE MY INVESTMENT, TO THEIR ADVANTAGE. RESPECTFULLY, S 4v b �- `-i 0�' 1 w " �\ v ems,.' t> - PLANNING COMMISSI MINUTES FEBRUARY 14, 1996 PAGE - 5 - Commissioner Kaplan stated that as a matter of policy, she did not believe that placing landscaping against a house does what architectural changes are suppose to accomplish. Chairman Murakami indicated that he agreed with the comments of Commissioner Kaplan and felt that the use of landscaping would be covering up something that would still be the same. Commissioner Siegfried felt that if the project was conditioned to include the use of trellis and landscaping, it would be acceptable to him. He noted that the use of stucco has been a California style since the 1900s. He did not see any reason why this project could not be approved with the condition as recommended by Commissioner Abshire. COMMISSIONERS ASFOUR/ABSHIRE MOVED TO APPROVE RESOLUTION NO. DR -95 -045 WITH THE ADDITION OF A CONDITION TO INCLUDE THE USE OF LANDSCAPE/ TRELLISES - TO BE APPROVED BY THE PLANNING DEPARTMENT. THE MOTION CARRIED 4 -3 AS FOLLOWS: AYES: ASFOUR, ABSHIRE, PIERCE, SIEGFRIED; NOES: KAPLAN, MURAKAMI, PATRICK; ABSTAIN; NONE; ABSENT: NONE. 2. DR -94 -042 - SKOV; 14970 SOBEY ROAD; Request for Design Review approval to construct a 536 sq. ft. first story addition and a 769 sq. ft. second story addition to an existing 4,154 sq. ft. single story residence with a detached garage and recreation room. The subject property is a 45,389 sq. ft. parcel located within the R -1- 40,000 zoning district. Planner Walgren presented the staff report on this item. He noted that correspondence has been received from the up slope neighbors, Mr. and Mrs. Anderson. They cited their concerns as being located above this property and that the 23 foot tall addition would obstruct their view. Also received was correspondence from the property owner directly down slope. Staff's analysis, prior to receiving these letters and visiting the property, was that the massing of the home, the addition and the orientation of the windows and living areas would not impact the neighboring property owners. He noted that one of the conditions in the resolution requires that the east facing upstairs windows be either obscured or be upper level windows so that there would not be a view problem between the two property owners. Chairman Murakami opened this item to public hearing at 8:09 p.m. Camilla Skov, applicant, stated that she did not believe that the addition would seriously impact any of her neighbors. She informed the Commission that the neighbors down slope have expressed concern that the addition may impact the value of their property as well as invade their privacy. She indicated that she would be willing to plant materials acceptable to the neighbors to address their concerns. PLANNING COMMISSI MINUTES FEBRUARY 14, 1996 PAGE - 6 - Diana Anderson, 14971 Quito Road, informed the Commission that she previously requested an addition to her cottage. The addition was approved by staff, later to be rescinded due to the 18 foot height. The requirement for the addition was modified to met city standards. She felt that after 20 years at this location, her view was now being threatened by this proposal. She indicated that this was an area of single story homes and felt that the addition would set a precedent for others to follow. She requested that the Commission deny the request because her view shed would be blocked and that her property would be devalued. Richard Anderson, 14971 Quito Road, stated that he would not agree to have 44% of his view obstructed so that another neighbor could have a view. He indicated that he moved to his site for its view. He felt that the addition was inappropriate as it would allow an increase in roof height to an already prominent roof line. He felt that there has to be a justification why other property owners can usurp other individual's views. He could not see any justification for approving this request. Richard Pouliot, 14976 Sobey Road, informed the Commission that he resides below the proposed site. He did not believe that a second story addition was appropriate as the second story addition would be facing directly into his backyard. He stated that he would agree to consider other alternatives that would be less obtrusive. He felt that there was enough room in Ms. Skov's property to place an addition. Also of concern to him were property value impacts. COMMISSIONERS ASFOUR/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:23 P.M. Commissioner Kaplan asked staff to indicate what view would be seen from the deck. Planner Walgren clarified that the deck would be looking at Mr. Pouliot's property and that the second story deck would be 8 to 10 feet higher than that of the first level deck. He noted that the home is proposed at 23 feet in height and that 22 feet was the typical height for a contemporary single story home. Chairman Murakami asked if there was any way that the house could be built at a one story level to accommodate the extra square footage as he perceived the lot to be built out and severely constrained by the hillside. Planner Walgren responded that the site was constrained due to topography and the required building setbacks. He noted that the addition could be placed on the front lawn area but doing so would eliminate the front yard area. Commissioner Abshire stated that he hates to see development come between neighbors. He stated that he could not support the upper level deck as it would be invading the neighbor's privacy. Commissioner Patrick felt that the topography in the area creates the problem and that anything built in this area was going to look down to the Pouliots' yard. She stated that she PLANNING COMMISSI MINUTES FEBRUARY 14, 1996 PAGE - 7 - did not see an initial concern of view blockage from the Anderson's property and that they would still have the same view. She indicated that she was inclined to approve the request as proposed. Commissioner Pierce felt that it was unfortunate that the properties were situated the way they were. He noted that the short setbacks would not exist if the homes were sited side by side. Because of this fact, he felt that the Commission needs to take a serious look at the second story addition. Commissioner Asfour indicated that at the site visit, it was his belief that anything built would be visible. He stated that the only way he could approve this request would be if the second story deck was eliminated. Commissioner Siegfried indicated that he visited the site at the request of Mrs. Anderson so that she can show him how her view would be impacted by the addition. He stated that he did not believe that the second story addition, given its proportions, would impact the Anderson's view. He stated that he would defer the issue of eliminating the upper level deck to the Commission. Commissioner Kaplan indicated that in viewing the site from various angles, she did not find the second story addition to be objectionable. She felt that the size of the addition was modest and that it may improve the house and give the homeowners an opportunity to clean up the property. Also, the addition would enhance not only the subject property but that of the neighbors. She did not believe that the addition would impact anyone's life style and that she could support the addition as submitted. Chairman Murakami stated that at the site visit, it was noticed that the lot was constrained as far as where an addition can be placed. Legally, the owner was within the limits to construct the addition at the height being requested. He indicated that he understood the concerns as expressed by the Andersons. However, he would support the request with the elimination of the upper story deck. COMMISSIONERS KAPLAN /ASFOUR MOVED TO REOPEN THE PUBLIC HEARING AT 8:35 FOR THE PURPOSE OF REQUESTING A RESPONSE FROM THE APPLICANT REGARDING THE ELIMINATION OF THE UPPER LEVEL DECK. Ms. Skov stated that she would not object to the elimination of the second story deck. COMMISSIONERS ASFOUR/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. COMMISSIONERS ASFOUR/ SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR -95 -042, AS CONDITIONED BY STAFF WITH THE ELIMINATION OF THE SECOND STORY DECK. THE MOTION CARRIED 5 -2 WITH COMMISSIONERS PLANNING COMMISSI MINUTES FEBRUARY 14, 1996 PAGE - 8 - PATRICK AND PIERCE VOTING NO. The Commission recessed at 8:36 p.m. The Commission reconvened at 8:48 p.m. 3. GPA -94 -001, UP -94 -001 & DR -94 -004 - INDEPENDENT ORDER OF ODD FELLOWS; 14500 FRUITVALEAVE.;The Independent Order of Odd Fellows has submitted a Master Plan application to redevelop their senior care and living facility located at 14500 Fruitvale Ave. The application requests for General Plan Text Amendment, Use Permit and Design Review approval have been heard at several Planning Commission public hearings. An Environmental Impact Report has been prepared for the project and recommended for certification by the Planning Commission to the City Council. Odd Fellows' representatives are now requesting that the City of Saratoga enter into a Development Agreement with Odd Fellows to assure that upon approval of the project they may proceed with the project in accordance with existing rules and regulations (cont. from 1/24/96; City review deadline is 3/6/96). Planner Walgren presented the staff report on this item. He informed the Commission that the development agreement has been noticed for tonight's meeting and that it was prepared by the applicant's representative. The development agreement would allow the applicant a 10 year window period to build out as the applicant feels that this time period would be necessary for a project of this type and scope. In exchange, the applicant would offer the city the following: 1) a guarantee that there would be an open occupancy availability to all seniors; 2) program to provide early notification to Saratoga seniors of unit availability; 3) allows for perimeter landscaping adjacent to Crisp Avenue to be installed prior to commencement of construction of the buildings; 4) open space easement; 5) proposed additional drainage improvements beyond what the scope of the impact of the project; and 6) a guarantee that should the project be approved, that the 11 units proposed on the 10.6 southern acres would be developed. Planner Walgren recommended that the public hearing be opened on the development agreement and that the development agreement be discussed. Should the Commission find the development agreement acceptable, staff would recommend that the development agreement, the general plan text amendment, the use permit and the design review applications be forwarded to the City Council for approval. He informed the Commission that the State's Permit Streamlining Act requires that local jurisdiction complete its review of projects such as this one within a one year period. He indicted that this project would be nearing that one year time limit (March 6, 1996). Planner Walgren read into the record correspondence received from the following individuals: Jeffrey Schwartz, San Marcos Road, (summarizing eight topics of concern, many of which deal with the procedural review of this project); Linda Callon with the law firm of Berliner Cohen, representing the Odd Fellows (addressed the fact that a letter was received from the Law Offices of William D. Ross, representing the Fire District, contesting the EIR RESOLUTION NO. DR -94 -042 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Skov; 14970 Sobey Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval to construct a 536 sq. ft. first story addition and a 769 sq. ft. second story addition to an existing single story residence with a detached garage and recreation room totaling 4,154 sq. ft. WHEREAS, the Planning Commission held a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission determined that the necessary findings could be made to support the floor area exception request pursuant to Article 15- 45.030 of the City Code; and WHEREAS, the applicant has met the burden of proof required to support said application, and the following findings have been determined: -The height, elevations and placement on the site of the proposed addition, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy, in that the proposed addition meets or exceeds the minimum setback requirements for the zoning district and the proposed height of 23 ft. should not unreasonably impair neighboring views. -The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be. -in keeping with the - general appearance of neighboring developed areas and undeveloped areas, in that only one tree will be removed and no grading is required. -The proposed addition in relation to structures on adjacent lots, and to the surrounding region,. will minimize the perception of excessive bulk and will be integrated into the natural environment, in that the proposed addition is well massed and articulated. -The proposed addition will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties nor .(ii) unreasonably impair the ability of adjacent properties to utilize solar energy, in that the addition is setback in compliance with the required setbacks, the 23 ft. maximum height is in File No. DR -94 -042; 14970 Sobey Road compliance with Code standards, and the design utilizes techniques to minimize the perception of bulk and mass. -The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. -The proposed addition will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15- 45.055. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, DR -94 -042, application for Design Review approval, be and the same is hereby granted subject to the following conditions: 1. The development shall be located and constructed as shown on "Exhibit A", incorporated by reference. 2. Prior to submittal for a Building permit, the following shall be submitted to Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporat- ing this Resolution as a separate plan page. b. All applicable requirements /conditions of the Resolution (e.g. modifications to plans) shall be noted on the plans. 3. Prior to issuance of a Zoning Clearance, the plans shall be modified as follows:- a. The second story deck shall be eliminated. b. The bathroom windows on the east elevation shall either be redesigned as upper "clerestory" windows OR the window material shall be changed to obscure glass. 4. Prior to issuance of a Zoning Clearance, the applicant shall indicate the location of one (1) 36 inch-box size tree on the site plan. The tree shall be consistent with the City's xeriscape standards and shall be planted prior to the issuance of Final Occupancy approval. 5. The height of the addition shall not exceed 23 feet. 6. No ordinance size tree, besides the one (1) Chinese Elm tree, shall be removed without first obtaining a Tree Removal File No. DR -94 -042; 14970 Sobey Road Permit. 7. No structure shall be permitted in any easement. 8. All building-and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. 9. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court challenging the City's action with respect to the applicant's project. 10. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 14th day of February, 1996, by the following vote: AYES: Abshire, Asfour, Kaplan, Murakami & Siegfried - NOES: Patrick & Pierce ABSENT: None Chairper on, Planning C mmission ATTEST: Secretary, Planning Commission REPORT TO THE PLANNING COMMISSION Application No. /Location: DR -94 -042; 14970 Sobey Road Applicant/ Owner: SKOV Staff Planner: Anne Dailey Date: February 14, 1996 APN: 397-04-090 Director Approval: All W � r 1 i S INO RD ip IY � ttIW I lm O 1 O \ 1 m 32 <J L WOODBA K S OOK L A DO L RD W W / Y y'/ W AUD AVE 14970 Sobey Road File No. DR -94 -042; 14970 Sobey Road EXECUTIVE SUMMARY CASE HISTORY: Application filed: 09/12/94 Application complete: 01/24/96 Notice published: 01/31/96 Mailing completed: 02/01/96 Posting completed: 01/25/96 PROJECT DESCRIPTION: Request for Design Review approval to construct a 536 sq. ft. first story addition and a 769 sq. ft. second story addition to an existing 4,154 sq. ft. single story residence with a detached garage and recreation room. The proposal includes a request for an exemption from the floor area reduction required for structures over 18 feet in height. The subject property is a 45,389 sq. ft. parcel located within the R -1- 40,000 zoning district. STAFF RECOMMENDATION: Approve the Design Review request by adopting Resolution. ATTACHMENTS: 1. Staff Analysis 2. Resolution DR -94 -042 3. Two -story Residence Map 4. Correspondence 5. Plans, Exhibit "A" the attached File No. DR -94 -042; 14970 Sobey Road STAFF ANALYSIS ZONING: R -1- 40,000 GENERAL PLAN DESIGNATION: Residential Very Low Density PARCEL SIZE: 45,389 sq. ft. (gross) 44,328 sq. ft. (net) AVERAGE SITE SLOPE: 14o GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: White stucco finish with brown trim and a wood shake roof to match the existing residence. PROPOSAL LOT COVERAGE: 200 (9,046 sq. ft.) HEIGHT• 23 ft. SIZE OF 35 ft. 30 STRUCTURE: Rear: 102 ft. Existing Residence: 2,563 sq. ft. Existing Garage: 546 sq. ft. Existing Recreation /Dressing: 1,045 sq. ft. 1st Floor Addition: 536 sq. ft. 2nd Floor Addition: 769 sa. ft. TOTAL: 5,459 sq. ft. CODE REQUIREMENT/ ALLOWANCE 300 (13,617 sq. ft.) 26 ft. *5,766 sq. ft. * With the -7.5% deduction for a structure 23 feet in height, the Allowable Floor Area is 5,334 sq. ft. SETBACKS: Front: 35 ft. 30 ft. Rear: 102 ft. 50 ft. Right Side: 30 ft. 20 ft. Left Side: 112 ft. 20 ft. PROJECT DISCUSSION: Site Characteristics: The subject property is an interior flag lot located at the end of a private street off of Sobey Road. A portion of the driveway serves as an ingress /egress easement for the neighboring property and has been deducted from the gross site area. The property is characterized by gradually sloping westward topography, with an average slope of 14 percent. The slope at the building site is virtually flat. File No. DR -94 -042; 14970 Sobey Road Current development of the property consists of a 2,563 sq. ft. single story residence, a 546 sq. ft. detached garage, and a 1,045 sq. ft. detached recreation building and dressing shack adjacent to the existing pool area. Properties within the neighborhood are developed with both one and two story residences. Proposal: As a new second story, the applicant is proposing to build a 769 sq. ft. master bedroom suite with an adjacent redwood deck. A 536 sq. ft. first floor addition is also proposed, which includes the expansion of the dining room and bedroom and a new redwood deck. The proposed colors and materials will match those of the existing residence. Design Review: Staff feels that the proposed addition is compatible with the existing residence, as well as other homes in the area, in terms of proportion, mass, and height. The proposed addition meets or exceeds the required setbacks and the 7.5 ft. height increase should not unreasonably impair neighboring views. Additionally, the existing topography and vegetation of the site should help to provide a buffer between properties. Staff has evaluated the placement of the proposed windows and second story deck and feels that the majority of the windows, along with the proposed deck, are oriented to the west and should not adversely effect neighboring properties. However, there are three windows proposed on the east elevation (two bathroom windows and one stairway window) which could potentially impact the privacy of the adjacent property to the east. In order to minimize any potential impacts, staff feels that the applicant should either redesign the windows as upper "clerestory" type windows or that the window material should be changed to obscure glass. Staff feels that the window at the stairway landing is appropriate based on the proposed use of the area. Tree Preservation: The applicant is proposing to remove one (1) ordinance s -ize tree which is-in conflict with the proposed construction. The ornamental tree, which has been identified as a Chinese Elm, is 49 inches in circumference and is located to the west of the existing residence within the footprint of the proposed deck. Although the City Arborist did not visit the site, he has recommended a replacement value equal to one (1) 36 inch box size tree. Floor Area Reduction Exception: The applicant is requesting that the Planning Commission grant an exception to the 1.5 percent floor area reduction required for each foot of maximum building height exceeding 18 feet. The Planning Commission has the authority to grant this exception if the Design Review findings can be made and there is a predominance of two -story structures in the neighborhood pursuant to Article 15- 45.030 of the City Code. As demonstrated by the attached two -story map, there are many two- File No. DR -94 -042; 14970 Sobey Road story structures in the surrounding area. Staff believes the Design Review findings can be made and recommends that this exception be granted. If the exception is not granted, the applicant would be required to reduce the maximum floor area from 5,459 sq. ft. to 5,334 sq. ft. Correspondence: The property owners directly to the east have expressed opposition to the proposed addition. They feel that the proposal will negatively impact their westerly views and that it will decrease their property values. Correspondence has been attached to this report. Conclusion: The proposed addition has been designed to conform with the policies set forth in the City's Residential Design Handbook and to satisfy the findings required per Section 15- 45.080 of the City Code. The project further satisfies all other zoning requirements in terms of minimum setbacks, maximum height and impervious coverage. Therefore, staff is able to recommend approval of the design review request, as well as the request for an exemption from the floor area reduction required for structures over 18 feet in height. RECOMMENDATION• Approve the Design Review request by adopting the attached Resolution. Ww i_ "'Err - _4a_ a Z. Tr ti ix vp 1A TIN *1 cl P-i 71r L Ff., !rWotl 4-,,An� L 4, 44 94.17 ,ti tic LA ; a ... ',T nt: PCL. I x":! 44 14 I.S?AC-GR. %y 72 AC. NET 120 r '4 00 4 ji- `Ty RLI Fr *(Vllv _13d A W, la 3L', ZER 6 log-ol'-w3v 13N set Rw U—S -13d 919W er -�DQ_ q 4- b40, C4PN 04 -090) FEB 0 8 1996 P�C'hylt Y-, j w CcrlYnk SS►ov-, : PLANivI114u utPT. COL is -�--� —�o � �-�-�� , -P,�,� ,�•-� Ck �.,., � � ��. Sal W`A- b1ly" tom, - U — C2— lit U 4D —� c AAZ�rLlx e U -�-f�L 4D t�vL� off• v 5� Cven�.� d� ) —,-moo L Gb a,� cu Cam\ o SR- b o� r4x—clo- d -3— -1 -94 LL � S- A-b P. Y\YnA -- Yll U � _ Wr,r�,r� W L , 'S VOL r s -for ASu�v� G +Pro c!L Zt, W a-o I `� Lo Z 40 Y' •�,,� VA BTU - e.u,u.� ra.��.� -� o-- ,,,,1-- �► -�-� -a G Q-o �Pc Sc� J) ta-yxp, INA u,-6 C41— q50-70 C C . Ov m rtn FEB 0 8 1996 PLANNING DEPT ((/" y G 9c� Dili QEG -n �s �-p 7-17�=— lgLA -A,) C-f,6 AbOW`' L 4- �l Gv � t Fig �iE,� ��F.f U 1 ,4 7`a X74- kC ��< 4- � tiro -� ra` 6 �- y bc �1.-f fl D C3J'T� U�17 os� 7" -r A P�so �ot/� �cC' .✓'vhf �� p,�l� w�''�LU 7'`�r 1-s Y �'� ✓f�fic�'-�UL� � Y ��/ h6;�,6 - C • C. �aea�q -.ev ��rr�oa� t � �m`� RECEIVED Saratoga Planning Commission FEB 141996 13777 Fruitvale Avenue Saratoga, CA 95070 PLANNING DEPT. Dear Planning Commissioner, The purpose of this letter is to express my concerns over the proposed expansion of 14970 Sobey Road, Saratoga. (DR -94 -042 [APN 397 -04 -090] ). I am the homeowner of 14976 Sobey Road, directly next door and downhill from the above property, and I believe the neighbor most impacted by the proposed second story addition. I have a good rapport with the owner of the above property, and wish them nothing but the best, to do whatever makes them happy, to live and let live so to speak. My live and let live philosophy applies to all people, but a line must be drawn when that freedom has a direct negative effect on me and my family. The issue here is privacy. As our realtor (Lita Ruble of Alain Pinel) will attest, I spent over eight months searching for the right house to raise my family. Ms. Ruble can document many, many rejections of properties from my consideration based solely on privacy matters. I had intended to find a home in the $750,000 to 900,000 price range, but had to spend almost $ 1.3 million to attain the location and privacy that were of upmost importance to my family. can not stress the privacy aspect of my purchasing decision enough; it made my realtor's task very, very difficult. Currently, we enjoy the privacy that we paid heavily for. The proposed addition of a second story next door would have been the determining factor in not purchasing this home. The subject property, 14970 Sobey Road, is situated on a hilltop with ample views, which I'm sure they paid heavily for. The problem lies in that a second story would be a crows nest looking directly into my outdoor living areas, a total and complete loss of privacy. My outdoor living areas consist of a back yard, a side yard and a pool, all to be in direct and full view of the new second story addition. Not only does the second story allow visual access to my yard, the plans call for an outside deck to built off the addition, directly above and facing my back yard! The owner stated she had no interest in looking into my back yard, and I do believe her sincerity, but she said she intends to sit out there and enjoy the view. She has said that she would be looking to the right, toward the valley, and not into my yard, directly beneath her. She has offered to put in some trees to help obstruct her view into my property, and has been very nice about it, but I have severe questions about the feasibility of a such a green wall. With a large lot, there is only one reason to build upward, the VIEW, and I can't see someone spending the money on a second story addition and then plant very tall trees for the neighbor's sake, ruining her own view. I'm also thinking long term, as we have every intention of staying here and raising our children in this house. At any future time, she or any new owner could decide to drop the trees in favor of a fuller view. I would have no objection to this project if it could be guaranteed that a full wall of mature evergreen trees were planted that totally protected me, forever, and that this room will only be for the one same person, forever. Obviously, no one can make such assurances. The future of this. neighborhood is of great concern to my wife and myself. Aside from the privacy issue, we don't want to see two story homes here any more than someone subdividing for condos. The intentions of the present owner seem harmless enough, but any of a million unforeseen circumstances could have a great effect on my quality of life and the value of my home. I would consider a loss of privacy to not only have a great detrimental effect every day on our quality of life, but also literally hundreds of thousands of dollars in property value. (When we purchased this home there were many similar homes on the market, without the privacy, for hundreds of thousands of dollars less). We would find it disconcerting to know that on a daily basis a person would be able to see anything and everything in our yard that he or she desired. This goes against every reason we paid such a premium to purchase this house and call it home. The are five homes on our private drive, ALL are single story. Though I certainly believe a person has a right to improve their property, it should not be at the expense of others. The current size of their house, about 4200 sq. ft. seems ample for 3 adults and a toddler, though I do not dispute their privilege to upgrade. The question is how. Why a second story addition when there seems to be ample space for a ground level addition? Why an addition facing directly into my property, with outside decking no less? Why was this project started in 1994 and being attempted now? Did the previous owners know something when they moved? Why hadn't the neighbor ever tried to talk to us about this expansion or ask about our concerns? Were they hoping I would throw out the Planning Commission notice as junk mail? A short discussion with the owner about the second story addition came about only because I went and knocked on her door. Though she is willing to try to minimize the impact on my family and my property; at this time, under these circumstances and design, I seek your protection and ask that you not allow this to happen. Maybe something can be worked out in the future to the satisfaction of all, it certainly would have helped if the owner had spoken to us about this a long, long time ago. Please deny this project as currently designed; I have no desire to live my life and raise my family under the scrutiny of a neighbor, no matter how well intentioned. Thank you for your time and consideration, Sincerely, Richard L. Pouliot 14976 Sobey Road Saratoga, CA 95070 (408) 354 -0114 - Date Received: Hearing Date: 3 1 8176 Fee: $675 Receipt . No . • APPEAL APPLICATION — - D E Cr E V E D FEB 2 9 1996 CITY OF SARAH TPA CITY MAN. GY"'M 0"J" C2 Name of Appellant: _ . ��,r -e o ka vie` -AN, Aes Address: 14- ok 1 t Q t, 40 R a" Sa a *V" Coq— 95e�o Telephone: 35 1 ro 194 91 %e 785-6190 Name of Applicant (if , different from Appellant: CLL*-^%\Xe Skov Project File Number and Address: IDR- q-4- 04.1 1 64 41-1 D So y�o� Decision Being Appealed: �4p�y.i ow yq- S- �-o�r� . Grounds for Appeal (letter may be attached): M. * Appell t s Signature *Please do not sign until application is presented at City offices. If you wish specific people to be notified of this appeal, please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED TO THE CITY CLERK, 13777 FRUITVALE AVENUE, SARATOGA CA 95070, BY 5:00 P.M. WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE OF THE DECISION: File No. AUTHORIZATION FOR PUBLIC NOTICING I, , as appellant on the above file, hereby authorize Engineering Data Services to perform the legal noticing on the above file. Date:— -/ Signature: Saratoga City Council City of Saratoga 13 777 Fruitvale Avenue Saratoga, California 95070 Ref Appeal of Design Review Approval, 14970 Sobey Rd. Dear Members of the Council, �B ,PR .zt9% C7 �4 "Z ?-1-1� Being some what short on construction detail, I am not sure what to think about the second story addition that my neighbor is contemplating. However, I thought it an appropriate time to at least address the issue of future view obstruction on remodels and "tear down properties ". Saratoga is moving into a later stage development cycle where existing lots of nice building character (flat) are becoming scarce and more and more construction will revolve around hillside lots and future second story additions. This would be a strong possibility on the two properties directly below my lot which adjoins Mr. Anderson, when ever my good neighbors retire and move on or elect to sell their properties. In both cases my view would be impacted strongly. It is to this long range end and possibly to assist Mr. Anderson, that I believe our city needs to develop a stronger ordinance clause within its regulations to better protect asset value of existing homes. Some of the beach cities have developed ordinances which handle that very nicely and possibly could better resolve future disputes down the road. I know some cities require, where a view is impacted, a pole and flag installation for assisting in demonstrating just where the visual impacts occurs, thus allowing for easier judgements. It seems to me in the case of Mr. Anderson and possibly future property owners, a more detailed ordinance on view obstruction is in need of development. I appreciate your time reviewing my concerns, good luck in your decision making. Very Truly Yours, Dennis McFarlane 18600 Rancho Las Cimas Town Council City Of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Subject: Skov Family Addition Dear Sir /Madam: � U D��� r� APR 2 1996 D CITY OF SARATOGA CITY ,m,4.NACsER'S OFFICE March 26, 1996 n� U C` With regard to the subject addition, we believe it will enhance the property and prove beneficial to the values of the neighboring property. The design approved by the Planning Board is attractive without being obtrusive. We hope you will concur with the Planning Boards Decision. Sincerely, Lola P. Johnson James R. Johnson 6 be Rd. March 28,1996 HONORRBLE MRYOR PRUL JRCOBS and CITY COUNCIL CITY of SRRRTOGR Bear Mayor Jacobs and Council Members; Ref: (BR- 94_042) (RPN- 397 -04 -090). We are appealing the decision made by the Planning Commission on the Skou request to build a second story onto the residence at 14970 Sobey Road, Saratoga, Ca This appeal is brought forward to the council because we feel the Planning Commission has made findings which were not supported by the presented evidence, and that the decision is prejudicial to our rights. * Area surveys undertaken by a staff member, of the general proximity to the site were in extreme error in indicating that the adjacent neighborhood is predominately two story homes Our survey will show this to be that only 6 homes of 52 lots are true two -story dwellings. 40 are singles, and 6 are downward sloping second story. * The Planning Commission has granted a waiver to allow this Skou structure, which will exceed the typical 22' height and the maximum square footage by 120sf. 1/ The 2nd story is being allowed on the basis that there is no further buildable land on this acre lot. That is inaccurate. The current 4000+ sf house has approximately 12000sf of adjacent unused land on the S/W side of the residence 2/ The area survey which was submitted by a City Planner, to the Planning Commission was biased and inaccurate. (reference, copies of original, and my corrected chart) 3/ The Planning Commissioners ignored the fundamentals of our right to privacy. Our entire indoor /outdoor living is oriented towards the Westerly view. The Skou house is set 30' from the property line, placing our residences in close proximity. The proposed 2nd story will be directly in view from our dining, living, family rooms, deck areas, and guest cottage. THERE IS NO RU01 D I NG the intrusion. We have polled Saratoga residents and have obtained many petition signatures, supporting a concern against 2 story homes in areas that are predominantly one story, OR that remodelling would obstruct or impede a current structures view. These people agree that property owners DO NOT have the right to arbitrarily interfere with a neighbors view when alternate measures are available for dwelling expansion! They are concerned that this Skou approval will set a precedent in their nei6ghborhoods. Thank you for your attention to this matter. Respectfully, Richard 6, Diana Rnderson Reference attachments: Rrea map displaying 1, 1.5, D 2 story homes Survey signatures w ATKINSON - FARASYN, LLP ATTORNEYS AT LAW LEONARD J. SIEGAL 660 WEST DANA STREET HAROLD S. TOPPEL P.O. BOX 279 ROBERT K. BOOTH, JR. MOUNTAIN VIEW, CALIFORNIA 94042 STEVEN G. BAIRD TELEPHONE ( 415) 967 -6941 MARC G. HYNES i -, v rnTt FACSIMILE 14 15) 967 -1395 March 27, 1996 Honorable Mayor Paul Jacobs and City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Land Use Appeal DR -94 -042 Dear Mayor Jacobs and City Council Members: J. M. ATKINSON 11892 -19821 L. M. FARASYN (1 9 15-1 9791 I represent Richard and Diana Anderson, owners of a home located at 14971 Quito Road in Saratoga. I am writing this letter in connection with their appeal of a project at 14970 Sobey Road. My clients object to the expansion of the addition of a second story to the existing structure on Sobey Road. The addition will significantly affect my clients' enjoyment of their private property by restricting their view and, accordingly, will diminish the quality of their living environment. The proposed second story addition is in an area of predominantly single - family homes. Where second stories do exist, they have been designed and constructed in a manner to diminish the apparent bulk, something which has not been done with the proposed addition. My clients understand that City zoning regulations prohibit height, elevations and placement of buildings or additions which unreasonably interfere with views and privacy of adjacent property. The approved addition does not satisfy these prohibitions. Inadequate efforts have been made to minimize the perception of excessive bulk, as required by Saratoga zoning regulations. The house, with its second story addition, will not be compatible with existing residential structures within the immediate neighborhood, and the same zoning district, as required by City law. City policy is for property owners to respect a view from neighboring or higher residences. City policy states that blocking views with structures or using site plans that will Honorable Page Two March 27, Mayor Paul Jacobs and City Council 1996 create view problems should be avoided. City policy states that higher portions of structures are to be located so as to avoid view interference. None of these policies have been properly observed in this case. Saratoga residents have repeatedly expressed their desire to maintain the City's rural residential character through low residential densities and the relatively low profile and height of residences. As stated in the preface to Saratoga's Residential Design Handbook, "The protection of views, both from the hillsides to the valley and from the valley floor to the hi-ll.si,des, has also been an inportart part of Saratoga's physical development." With the recent enactment of Measure G, Saratoga voters confirmed their desire to maintain the City's existing character in the face of continuing pressures to build and develop at the expense of existing residents. Your favorable consideration of my clients' appeal will demonstrate your recognition of the community's desires to maintain Saratoga's unique physical characteristics and quality of life. MGH:cwb y yours, YNES Town Council City Of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Subject: Skov Family Addition Dear Sir /Madam: `APR 31996 March 26, 1996 We fully support the Skov's planned addition to their home. The improvement to their home will enhance the property values of all of the neighboring homes. We support the Planning Board's approval of their plans. Sincerely, AY Gerald C. J en 4. Ruth Jacobsen 14960 Sobey Rd. Town Council City Of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Subject: Skov Family Addition Dear Sir /Madam: i n APR 3 1996 March 26, 1996 We wish to convey our approval of the Skov's plans to add to their house. The improvement to their home will be beneficial to our neighborhood property values and will fit in nicely with the terrain. We hope you will add your approval to that of the Planning Board. Sin rely, ndie Mandell Art r a 14950 Sobey Rd. 3