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HomeMy WebLinkAbout10-19-1988 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. MEETING DATE: 10/19/88 ORIGINATING DEPARTMENT: Planning AGENDA ITEM CITY MGR. APPROVA /' -j /- � SUBJECT: UP -88 -010 - Primary Plus, 12211 Titus Ave., Appeal of Planning Commission approval of use permit to operate a day care center Recommended Motion: Deny the appeal and affirm the decision of the Planning Commission. Report Summary: On August 10th and 16th and again on September 14, 1988, the Planning Commission held public hearings and approved a conditional use permit for Primary Plus to provide child care services for up to 175 preschool and school age children at the former Hansen School site. The Commission conditioned the use permit to be reviewed four months from the opening and annually thereafter in order to monitor the traffic. On September 23, 1988, Mr. Taafee appealed the decision citing increased traffic and noise and lack of safety per the attached letter. Fiscal Impacts: None Attachments: 1. 2. 3. 4. 5. 6. 7. 8. Motion and Vote A:agenbill Memorandum to City Council Planning Commission Minutes dated 8/10, 8/16, 9/14/88 Resolution UP -88 -010 Traffic Report and Planning Commission record Staff reports to the Planning Commission Information from Primary Plus received 9/14/88 Appeal letter Plans X11111 I 111 11111 PAP W-Mr 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 10/19/88 FROM: Kathryn Caldwell, Associate Planner SUBJECT: UP -88 -010 - Primary Plus, 12211 Titus Ave., Appeal of Planning Commission Decision ------------------------ Backaround /Description Cupertino Union School District and Primary Plus submitted an application to allow 350 students to attend day care between 6:30 a.m. and 6:00 p.m., Monday through Friday, at the Hansen School site. During the course of the hearings, the applicant reduced the request from 350 to 175 students and the Planning Commission conditioned the use permit for review, four (4) months from the opening and annually thereafter. These changes were made to monitor possibile problems with traffic that the residents on Titus were concerned about. Merits of the Appeal The following are comments from the appellant's letter to the City: 1. The traffic study was conducted during the summer months when many residents who use Titus Avenue are on vacation. Response: The study does not estimate how many residents are on vacation. However, even with a maximum enrollment of 550 children the level of service is not significantly effected (A to B). Furthermore, the Commission has acknowledged the need to carefully evaluate the traffic situation and conditioned the use permit for review in four (4) months. 2. The study was not done when the school was in session. Response: The traffic report admits this condition ( "Level of Service ", pg. 11, paragraph 4). The Commission recognized this and conditioned the project for review four (4) months from opening specifically for the purpose of re- evaluating the traffic situation. 3. Validity of the traffic study is unreliable because it accounted for 150 children, based upon the school district's information re: carpooling and so on. 000002 Memorandum to City Council Re: UP -88 -010, Primary Plus, 12211 Titus Ave. Response: The traffic report analyzed two situations: (1) "project - maximum condition" with 200 + 350 (alternative + Primary Plus), and (2); "Realistic Project" - 200 + 175 (alternative + Primary Plus). In both scenarios, 3.6 trips /child was used to calculate the traffic impacts. The 3.6 trips /child is based upon two (2) trips in the A.M. and two (2) trips in the P.M. less 20% for carpooling, in order to calculate the worst case situation. 4. Parking will be a problem. Response: The on -site parking spaces meet the City Code requirements. In addition, the Planning Commission directed staff to monitor the traffic impacts on an on -going basis and amended the use permit conditions to require review after four (4) months of operation. 5. The increase of 175 cars will be a horrid and offensive increase in noise level, between 6:30 - 8:30 a.m. and 5:30 - 6:30 p.m. Response: The Commission considered the noise levels from slamming doors and motors running and the hours of operation. The condition that the use permit would. be reviewed in four (4) months allows the Commission to re- evaluate the hours of operation, based upon the needs of the neighbors and the school. 6. "...The Planning Commission has rolled over and played dead for the benefit of Cupertino Union School District... to the detriment of many residents of the City... helping to undermine the character of what has been a quiet residential neighborhood up until now." Response: The Planning Commission held lengthy public hearings and readvertised the project to give the neighborhood more opportunity to respond. In an attempt to respond to the input, the Commission required additional studies of access off Melinda and Prospect Roads. In the final analysis, in an attempt to place some controls over the site (there would be none if the school district reopened the school at maximum capacity of 690 + / -), the Commission limited the number of students and restricted the use to four (4) months operating time. After four (4) months the Commission would review the project and amend or revoke the use permit as necessary. The evidence before the Commission supported approval of the conditional use permit. RECOMMENDATION: Deny the appeal and affirm the decision of the Planning Commission. 'They considered the possible impacts and made the required findings cited in the resolution. The conditions placed on the use and the issuance of a use permit gives the City some authority to lessen the 000003 Memorandum to City Council Re: UP -88 -010, Primary Plus, 12211 Titus Ave. impacts than if the entire site was reopened as an alternative school at capacity. The project is consistent with the General Plan and Council policy (set in June, 1987) for Alternative Uses for School Sites. AVA Kathryn Caldwell Associate Planner KC /dsc PLANNING COMMISSION MEE'T'ING AUGUST 10. 1988 PUBLIC HEARINGS Continued Page 4 E. T. Barco, Camino Barco, Saratoga. commented as follows: seated a copy of the Zoning Map for review and concurred with the Apl 1 to the near was (zoned in one manner while a commercial and quasi public uses on another No the noise impacts from the quasi public zoning; examples were cited ofi Kati - Felt that sawing of Monterey Pines would not _ 'mn'gatc the fight Mr. Rich Lohr, of St. Art.haugel, Michael. commrnted Va�D�bee - Wished to in a good weds fge the Applicant; they had the 7 ft fence requested - Surprised were held to complaints about noise however, he confirmed various activities - Noted efforts to 1 noise and stated that trees were plant and east property lines - Noted the presence of Church for over 20 years and their good neighbors - Floodlights were install at the request of Pareau without gghht of these poles was less than 30 ft and 1 than the height of the teleephone he street - Reviewed the site plan stated that 18930 Allaadale a home purchased by the Church - Confirmed that the Church w look into the all that floodlights were on till 3 A.M. In response to Commissions Burger. Barr stated they had omtanve laodscapiag per, BURGER/SIEGFRIED MOVED TO E C HEARINGS AT 8:29 PAL Passed 6- 0. Commissioner Burger questi oned whether foot exoenaion an the fence height would have any impact on the 000cerna rained. y, vaadalism and light MMUMML Commissioner Siegfried oriBiaally with tall Raw IM - eadadoa; however, a 7 fL fear would deter vandalism, He no unique in that a residential lot abutted a quasi public use, Chairwoman Guch suggested the pplipnt and Church out an agreement on lighting since the fence proposed would t prevent lighting ' she concurred that a ao* ue situation existed. While she y had reservations the exception, she agreed petltat imps would result from paridng area and suggested Applicant install laadsca Ong along the fence. Commissioner Hams that originally she could not make the ' gs; the only iostaace she had been able to the such findings was is the case of very traffic. The City AttaaeY responded the current use was not inconsistent with cYaractaiudon and activities ot'tbe property. C mmusioner continued stating that the fence did not address the lem; she had reservations It the malting of the required findings SIEG URGER MOVED APPROVAL OF V- 88-026 ALLOWING FENCE IN '� OR SIDE YARD ALONG ALLENDALE AVENUE, 24 FT. OM THE PRO LINE AND TO ALLOW A 7 FT. FENCE IN THE REAR YARD G THE INGS THAT THE RELATIONSHIP OF THE THREE RESIDENTIAL, TO THE CH PROPERTY AND TO ALLENDALE AVE. WAS A UNIQUE SITU ON. THE FENCE WOULD NOT IMPACT OTi 1 m RESIDENTIAL NEIGHBORS T THERE WAS A HIGH TRAFFIC AREA WHICH REQUIRED ADDMO CURTTY MEASURES. THE GRANTING) OF THIS VARIANCE WOULD NOT PECIAL PRIVILEGE NOR PRECEDENT SETTING. Passed 6-0. 11. UP -88-010 Cupertino Union School I?ISMMIPrimary Pha, 12211 Titus Avenue, mq for use appxoval of laps to provide child pre services to a1��Y sw c n at the Flaasea School Site located is the R- 1- 10.000 zoning district per Chapter 15 of the City Code. A Negative Declaration has been prepared tined from July 13, 1988. 000005 PLANNING COMMISSION MEETING Page S AUGUST 10, 1988 PUBLIC HEARINGS Continued Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission dated August 10, 1988. The Public Hearing was opened at 8:45 P.M. Mr. George Plumleifh, Director of Asset Management, Cupertino Union School District, stated that this Application was part of a district wide plan to upgrade some schools, sell surplus sites and designate others as reserve schools for future needs. He answered questions addressed by the Commission. Mr. David Burke, 12176 Titus Ave., Saratoga, read into the record a petition and commented as follows: - Stated that he represented a number of households in the area - Residents were excited to see the school used for educational purposes; however, their concern was that school was designed as a neighborhood facility with very little traffic impact - Plan would significantly increase traffic on Titus Ave. (2.6 per child/1350 trips per day) - TrafficAnalX3 R.= Level of Service Ratings, Peak Hour Volumes were cited Conclusion that there would be no adverse impacts from this proposal was refuted - Residents wished an agreement wherein the site would be utilized while traffic impacts were mitigated - Specific concerns included the Titus AvcJProspect Rd intersection at peak commuter hours and that traffic would be diverted onto adjacent residential streets - Saff parking requirements; existing on -site parking would be filled with the overflow on Titus Ave. - Parking would be required for parents dropping off small children for the day care opezation, - A parking prohibition an Titus Ave. would inversely impact residents - Suggested standards for any new sign to be posted with a prohibition of signage on Titus - Asked that d prohibition of left hand turns on Prospect Ave. during specified hours be - Suggested a second attest to the site be provided on Mdinda Circle to promote traffic flow Mr. Gene Craig, 12123 Titus Ave., Saratoga, commented as follows: - Was ha for the proposed use of the Hansen School site - Stated MTV, had not received notification of this hearing - Noted existing traffic impacts on Prospect RdJfitus Ave. intersection which were hazardous Proposed use would magnify the existing traffic problems contrary to Traffic Resort Conclusion Suggested installation of a stop sign and consideration of a limitation of 175 students at the site Ms. Shiela Goldstein, Country Squire Ln., Saratoga, commented that while favorable to an alternative school, she objected to day care due to noise from 6 A.M. to dinner- time and traffic safety hazards to the children; cited accidents at Prospect RdJI'mtus Rd. intersection Mr. Andy Bougard, Titus AveJProspect. Rd., Saratoga, reemphasized the existing traffic problems, reviewed the history of the site and compared the previous use of Hansen School with the proposed use. He favored the use of Melinda Circle to provide egress for the site. Mr. Chris Hague, 12198 Titus Ave., Saratoga, commented as follows: - Favored reopening the school with an alternative program and noted the importance of day cam - Asked that the City approach this Application with reason, sense and responsibility to allow the school to perform a necessary and vital function while protecting the residents from undue impacts - Noted previous traffic impacts on rainy days when children were driven to school - Citing the increased student number, stated that parking impacts would have to be - Residents wished to have ingress/egress to their driveways with panting on Titus Ave; objected to the suggestion to a no-parking zone on Titus Ave. which would hurt the residents Mr. Frank Leonardo, Saratoga, suggested use of a school bus to transport the children. PLANNING COMMISSION MEETING pap 6 AUGUST 10, 1988 PUBLIC HEARINGS Continued Mr. Franklyn Clerk, 12584 Titus Ave., Saratoga, commented as follows: - Compared the previous hours of operation with the proposed extended hours from 6 A.M. to 6 P.M. - Noted the exhaust fumes resulting from traffic Mr. Plumleigh responded as follows: - Introduced Mr. Pang who prepared the Traffic Anal)Wt - The School District did not anticipate reaching the maximum number of students at this time - Noted the requirement to have a directory in front of the school for emergency purposes - Provided additional information on the alternative school and the Primary Plus program - Compared previous use of Hansen School site with the proposed use Commissioner Siegfried noted the increased traffic from a day care center as opposed to a grade school. Commissioner Harris questioned the use of car pools to transport children; such may not be practical. Mr. Plumleigh stated that the District was concerned regarding malting more than one application in order to increase the number of students allowed; thus they petitioned the maximum number to be allowed even though they did not intend to implement such in the immediate future. Commissioner Kolstad questioned whether consideration had been given to access off of Prospect Rd Commissioner Tappen asked the Applicants to address the concern of noise from the children. Mr. Pang, Pang & Associates Traffic Consultants. reviewed the Traffic Analvc_;e Rcl=. Ms. Geraldine Cockahaw, Saratoga, cited the children's noise from early morning till evening; while residents were familiar with school children on -site, they were not prepared for a 365 day operation. She questioned the projected number of students and noted the impacts from this increase; in addition, there were traffic, parking and safety impacts to consider. An unidentified speaker questioned the origin of the influx of can and suggested consideration of a traffic signal at the Prospect Rd./Titus Ave. interchange. He noted potential traffic circulation patterns. Mr. Burke asked that traffic impacts be shared by residents on Melinda CSrcle. He reiterated the request to initially limit the number of students to 175 children and noted that Primary Plus anticipated a 5 year period to reach the anticipated number of students; he questioned the request for 350 students at this time. Ms. Kathleen C Broadyke. 12037 County Squire Ln., Saratoga. noted the need for traffic crossing guards-, the area did not have sidewalks nor a traffic signal at the adjacent intersection. Mr. Plumleigh noted the time constraints in order to open in September. Applicants were willing w accept a condition requiring a review of the use at an appropriate time; he acknowledged the resident's concern about traffic impacts and would meet with the neighbors on this issue. He urged the Commission to make a decision at the hearing. Ms. Nancy Criepm, Titus Ave.. Saratoga. commented as follows: - Cited traffic impacts from a small day care operation in an adjacent home - While she understood the need for day cars, she questioned the location of such a facility Questioned the potential economic impacts of the proposed operation on adjacent - Asked that the Sheriffs Department be consulted for potential traffic impacts - Noted that Titus Ave, was not safe for children at the present time SIEGFRIED/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 10:01 P.M. Passed 6-0. Commissioner Siegfried noted the unfortunate timing of this request in view of serious traffic concerns; he felt that 3.3-4 trips would be required per day for each child. He noted the change in the nature of the school and stated that he could not vote in favor of this application at this time. 00000'7 PLANNING COMMISSION MEETING Page 7 AUGUST 10, 1988 PUBLIC HEARINGS Continued Commissioner Kolstad commented as follows: - Concurred that he could not vote in favor of this Application at this time - Noted surprise that an ingress/egress off of Prospect Rd. had not been considered; nothing had been presented to sfiow why such an access should/should not be used - Was unfavorable to consideration of access off of Melinda Circle - Noted the change in the mode of transportation; Applicant should not be penalized for such Commissioner Burger stated she would not vote at this time; she was concerned regarding the number of children and significant traffic impacts. She asked that alternative traffic circulation Patterns be Presented Ms. Geri Steinberg, Property Consultant, Cupertino Union School District, offered to accept a limitation of 175 students as requested by the neighbors; she noted that income must be generated during the com- ing year in order for the school to remain open. Mr. Plumleigh thought that submitting an application in April would be sufficient time; the application was delayed a month due to the requited traffic study. Commissioner Harris questioned whether limiting the number of students addressed the concern; she was unable to vote on the Application at the time and suggested the District and residents meet. Commissioner Tappen concurred with comments of Commissioner Burger and felt that he could not vote on the Application at this time pending further study. Chairwoman Guch was concerned regarding traffic impacts and felt that Titus Ave. could not bear the whole of traffic generated. The proposed use was very different the previous one on this site and such would impact the neighborhood. Ms. Steinberg reiterated the length of time for Primary Plus to reach enrollment of 175 children; she asked that an accommodation be made to allow the income to be maintained at this site during the coming year. Consensus reached to Continue the Application to an Adjourned Regular Meeting. KOLSTAD/HARRIS MOVED TO CONTINUE UP -88 -010 TO AN ADJOURNED REGULAR MEET- ING AUGUST 16, 1988, AND THEN TO AUGUST 24, 1988. Passed 6-0. None 1. Minutes of Heritage scion Commission of July 88, - Noted and filed. 2. Committee- of- tho-Whole - July 19, 1988 oted and filed. 3. City Council Meeting Schedule - 198 oted and filed. Oral ky omrnitsion• 1. City Council Report. Commissioner B reported on the City Council Meeting oaf Au '1988. Meeting of the Planning Commission was adjourned at 10:25 P.M. Respectfully su Probst- Caughey I11'11• CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Tuesday, August 16, 1988 - 7:00 p.m. PLACE: Community Center Arts & Crafts Room, 19655 Allendale Ave. TYPE: Regular Adourndd Planning Commission Meeting ------------------------------------------------------------------ Roll Call - Present: Commissioners Guch, Burger, Harris, Tappan, Kolstad (arrived 7:25 p.m.) Absent: Commissioners Tucker, Siegfried ------------------------------------------------------------- - - - - -- PUBLIC HEARINGS 1. UP -88 -010 - Cupertino Union School District /Primary Plus, 12211 Titus Avenue, request for use permit approval of plans to provide child care services 'to approximately 350 children at the Hansen School site located in the R- 1- 101000 zoning district per Chapter 15 of the City Code. A Negative Declaration has been prepared (cont. from the 8/10/88 Planning Commission Meeting). Planner Caldwell reviewed the status of the application. The public hearing was still open. Carol Freitas, Primary Plus, stated that as a result of a meeting of the neighbors, the following amendments were proposed to the application: 1. Number of children reduced from 350 to 175, 2. No red curbs on Titus to restrict parking, 3. One large identification sign and one directory, 4. Cupertino School District, Primary Plus, and neighbors would form an advisory committee to. maintain a dialogue regarding problems and solutions, 5. Parents and staff would be discouraged from turning left onto Prospect, 6. An additional parking lot off Melinda would be constructed, 7. No through access from Melinda to Titus would be allowed. Geraldine Steinberg, property consultant for the school district, reviewed the parking situation. She estimated a maximum of 960 trips per day spread throughout the day, 6:30 -9:30 a.m. and 2:30- 6:00 p.m. Larry Smith, Melinda Circle, was concerned about the additional traffic onto Melinda. The neighbors didn't know of the proposal. Kathy Brondike asked for clarification of the parking lot and circulation. 1 000009 Regular Adjourned Planning Commission Meeting Page 2 Minutes George Plumly stated that the alternative school could expand to 240 students. David Burke, Titus Avenue, stated that the major concern is traffic. He suggested an alternate access be added so that the entire neighborhood could share the impacts. The maximum enrollment should be 175 students; he favored the meetings with the district and the new sign not to exceed the size of the existing sign. Don Brondike, Country Squire Lane, wanted a driveway off Prospect. Fred Cole stated that the Primary Plus at Bucknall has five outlets; Hansen School has only one. Ed Hayes, Country Squire Lane, proposed closing the access on Titus Avenue. Sheila Goldstein opposed the commercial day care; it should serve only students at the school. Andy Bogard' reviewed the conditions at other schools in the Cupertino district (Luther, Sarah, Happy Day Care Center). His concern was with safety of children walking in the area. Kathy Brondike agreed; there are no sidewalks for the children. Rich Hall, Kristy Lane, supported the access off Prospect, not from Melinda, Miller, or Kristy. Joan Moe was concerned with traffic. Dennis Ryan, Country Squire Lane, supported day care at Hansen. Jerry Steinberg, property consultant, summarized the school districts situation: 1. The neighbors supported reopening of the school. 2. Hansen needed additional revenues to stay open. 3. Primary Plus, nine years in operation, had no complaints from other locations. 4. Traffic is the major concern; there is a sidewalk on Titus; the school would post "no left turn" onto Prospect and reduce the number of students to 175. S. They would coordinate a neighborhood committee. Public hearing closed 8:25 p.m. Commissioner Tappan confirmed that the neighbors along Melinda would have to be notified of a new parking lot off their street. He noted that a one year review could be a condition of the project, but the school should address ingress - egress off Prospect. 2 000010 Regular Adjourned Planning Commission Meeting Minutes Page 3 Commission Kolstad agreed. The reduction in the number of students to 175 was positive but-the traffic concerns persisted. Commissioner Burger was not reception to a parking lot off Melinda. Prospect Avenue should be used for day care students and Titus used for the school access. Commissioner Harris expressed concern with the traffic and noise from car doors slamming and motors running. Hansen was developed as a neighborhood school, not for use as early as 6:00 -7:00 ' a.m. Cupertino School District was not being creative in their approach to support the school financially. A better use could be found. The neighbors would lose, even if a use permit was approved with a limit on the duration. the proposal to have Primary Plus would not serve the immediate community as intended. In addition, the preschool hours were problematic. Chairperson Guch supported the reduction in the number of students and the idea of a neighborhood committee. She opposed the access off Melinda Circle. She suggested that the City should retain control over traffic, allow the district and Primary Plus to work out problems, evaluate access onto Prospect and condition the use permit for periodic review to address the traffic. M/S KOLSTAD /BURGER to continue the item to September 14, 1988, for renoticing the reduced enrollment and revised access. Carried 5/0. M/S HARRIS /TAPPAN to adjourn 9:10 p.m. Carried 5/0. A: pcminute Respe tively Submitted, Ka hryn Caldwell Associate Planner 3 000011 PLANNING COMMISSION MEETING SEP'T'EMBER 14, 1988 Page 2 PUBLIC HEARINGS CONSENT CALENDAR Continued DR -88 -052 Pan Cal Development, 12419 Cmyside La., Resolution DR-8A-165'2 approving design review of plans to construct a new 4,784 two- story home in the NHR zone district per Chapter 15 of the C' Chairperson h noted that Public Hearings Consent Calendar Items I Continued W. Jim Zeid ted removal of Public Hearings Consent Calendar I 3. BURGERMARRIS VED APPROVAL OF CONSENT C AR 1TEMS 4 AND 5. Passed 7 -0. 3. DR -88 -128 Hao, 21 Heber Way, reques os design review approval of a new SM -88 -016 5,615 sq. ft o-story home a 1.8 acre site in the NHR district per Chapter 15 of City Also consider granting site modification approval for the 1 f the proposed pool. Planner Caldwell reviewed the o the g Commission, September 14, 1988. - - -' The Public Hearing was 7:40 Mr. Jim Zeid, 4795 La rl5r., Saratoga, was concerneci-abkut height of the one story element of the Applicant's h - such block the view at his ve home and he asked that the height be red Mr. G ee house wo lock the view of the pro hbor; the footprint was not lare and th was an 8 ft. nce in elevation. available to Mr. Zeid far review. The Public Hearing remained open. P )B .I - HEARING-Re 7 6. UP -88 -010 Cupertino Union School District/Primary Plus, 12211 Titus Avenue, request for Use Permit approval of plans to provide child care services to ap�wamately 175 children (reduced from 350 originally requested) at the H sea School site. The Commission will consider a new, secondary access off Prospect Road, west of the playing field Property is zoned R- 1- 10.000 General Plan CFS. Planner Caldwell reviewed the Report to the Planning Commission, September 14, 1988. Correspondence from the following individuals was noted: - Mr. George Plumleiggh' Cupertino Union School District. September 12, 1988 - W. Terence Ward. Chairman, Parks and Recreation Commission, September 13, 1988 Ms. Carole J. Fnitas, Primary Plus, September 9. 1988 - Signed petition opposing the granting of the Use Permit, September 10, 1988 Mc Auliffe (formerly Hansen) School Area Residents, September 10, 1988, Re: Res>mnse Presented by Primary The Public Hearing was opened at 8:00 P.M. W. George Plumleigh, Assets Manager, commented as follows: - Reviewed the project's history and noted that the school had become an attractive nuisance - Primary Plus was selected as the best choice for the District as well as the community Reviewed the Traffic Study, traffic circulation patterns, parking, safety and noise impacts Applicants had cooperated fully with the City and had improved the school - Proposal was the best balance of community needs and a wise use of tax dollars - Reiterated that the District would use this facility even if the Use Permit was denied Mr. Pang, Traffic Consultant, commented as follows: Reviewed the Traffic Report Level of Service (LOS) Ratings - Discussed the excellent safety record at the Prospect Rd4 Titus Ave. intersection - Stated that traffic speed on Prospect Rd was approximately 44 mph. - Access on Prospect Rd would be unsafe and would not provide an adequate sight line 0000.2 PLANNING COMMISSION FETING Page 3 SEPTEMBER 14, 1988 PUBLIC HEARINGS Continued Ms. Carole Freitas, Primary Plus. reviewed the booklet showing their operation and noted the changing Patterns of school activity; Primary Plus served many children of working parents. She presented a chart entitled Hansen School Traffic Projection Ms. Nancy White, 1446 Glenmoor Way, San Jose, encouraged the City to grant the Use Permit and deny the secondary access proposed She noted the benefits from high quality child care and the maintenance and use of the site; the Traffic Study reported a worse case event. Mr. Fred Cole, 12091 Country Squire Ln., Saratoga, counted traffic on September 6th which showed 230 cars in 33-40 minutes; he asked for consideration for residents of the area. Ms. Carol Pavlovas, Primary Plus, stated that she planned to open an office in the school to tutor students; she reviewed the benefits of one -no-one services offered. Mr. Lois Olsen, Teacher for Academic Excellence, reviewed the program benefits. Mr. Jerry Feroliola, President, Blue Hills School, added that there was a need for the operation proposed; he recommended that the Use Permit be granted. W. Dave Evans, 12088 Kristy Ln., Saratoga, referenced his September 10, 1988, letter. Mr. Tom Deinch, Saratoga Soccer Club, noted that all schools had students who commuted; he urged that the recreational facilities on site be preserved and utilized. Mr. Bill Moir. 12211 Country Squire La., Saratoga, commented as followed: - No one objected to use of the school or the recreational/sports facilities on -site Residents were concerned about noise, pollution, traffic - They were concerned about a commercial operation in their residential neighborhood If the facility served the citizens of Saratoga and/or the people who lived in the community that would be one thing; a commercial operation would change the community's outlook - Noted on -site improvements already made; in addition, Primary Plus advertised services Mr. Gene Cniig, Titus Ave., commented as follows: - Six families would be directly impacted by this proposal - Objected to teachers comer ted with the operation who testified on the operation - Cited a recent, serious traffic accident at the Prospect Rd4 Titus Ave. intersection - Noted traffic congestion from parked trucks which were blocking the local streets - . Had no objection to a traditional operation of a school Mr. Earl Johns, 12070 Kristy Ln., Saratoga, noted that Proposition 13 had kept the com- munity very stable over the years; he cited the recent changes in the neighborhood. He suggested that the need for a neighborhood school may be nearer than shown in studies. Ms. Jean Shiles, Saratoga. spoke on behalf of the working parents. It would be ideal to have public systems which provided extended child care; if such operations were not welcome in the neighborhood, where should such services be provided. Ms. Vicki Evans, 12088 Kristy Ln., Saratoga, considered the school proposal a commercial enterprise; she questioned whether such should be allowed in Saratoga. Ms. Sheila Goldstein, 12041 Country Squire La., Saratoga, commented as follows: - Did not question the quality of Primary Plus nor the need for such services - However, residents did not want a day care operation at the times proposed, in their area; such was an entirely different operation than a school operation - Previous petition signers had been rescinded by many who signed it - A commercial day care center for infants/small children would greatly increase the noise in a residential are; suggested a commercial area be utilized for such an operation - Suggested that the school be left vacant until neighborhood children could utilize it Ms. Janet Clinton. San Jose, stated that statements contained misinfarmadon; examples cited. Ms. Vivian Euzent, 1502 Dominion Ave., Sunnyvale, provided information on the Alternative School and noted that a number of children could walk, take public transportation or car pool after completion of a study to determine whether a crossing guard was needed 000013 PLANNING COMMISSION MEETING Page 4 SEPTEMBER 14, 1988 PUBLIC HEARINGS Continued Ms. Kathleen Brondyke, 15957 Country Squire LA., Saratoga, commented as follows: - The neighborhood did not object to the Alternative School - Questioned whether other Primary Plus sites were comparable this arse; examples cited - Summa and that everyone benefited but the residents of this area Ms. Margaret Laycock, 10090 Byrne Ave., Cupertino, commented as follows: - So called commercial operation served the needs of families, especially working parents Questioned the appropriateness of hours proposed and noted the commute time required in Santa Clara Valley; suggested that a 6:30 A.M. - 6:00 P.M. operation was not unreasonable Ms. Jerri Steinberg, Property Consultant, Cupertino School District, commented as follows: - The School District had made every effort to follow the rules set by the City It was the need for open space that was the driving farce in retaining the Hansen School site - The Distna participated with the City in setting the criteria for an acceptable tenant - Community meetings held had raised no resistance to this proposal; Applicants were willing to work with the neighborhood on the issues of traffic, noise and safety tra - District favored a community based committee the to address any concerns - Requested approval of the Use Permit requested Mr. Edward Hages, 12030 Country Squire Ln., Saratoga, commented as follows: - Felt that the economics of the School District should not have any bearing on the decision - Hazardous conditions would not be remedied by shifting the traffic hazard onto Titus Ave. - Any control retained by the City in approving the Use Permit would be limited to a one year period of time since the School District had a cancellation clause with any lease agreement - Residents would accept a neighborhood school when such reopened Ms. Louise Shaeffer, 19844 Park Dr., Saratoga, commented as follows: Day cars center would op== 12 months of the year and have extended hours of operation - Such was primarily due toe in � of their homes— appnoodmately 26% since January reputation of excellence in education - In addition, trends in education had changed; children were driven to school - When public programs wen closed during August, parents had to utilize private services - Primary Plus had outreach residents of other areas to work out difficulties and had crated an exceptional program for children W. Frank Ptiscam 534 Bevans Dr., San Jose, commented as follows: - While he sympathized with residents, the days of the neighborhood school were over - Cupertino Union School District was asked to do more services with less money every year - Cted the crises in child care and the economics of families requiring both parents to work SIEGFRIED/ MOVED TO CLOSE PUBLIC HEARINGS AT 932 P.M. Passed 7 -0. Commissioner Siegfried commented as follow:: - Concurred with the above speaker on the dramatic demographic changes Any school with full enrollment would have a and is impact similar or equal to this proposal - Noted his concern regIdng the imposition on this residential neighborhood of a use which exceeded the hours of �eratiou and traffic generated by a traditional neighborhood school Commissioner Harris commented as follow: Expressed surprise at the suggestion that neighborhood school no longer existed.: felt that both Saratoga and Cupertino continued to have such While it was realistic to assume that more traffic would be generated than in the past, she objected to an assumption that the City could never ream tD typical neighborhood schools If the District felt it was worth reopening and improving the facility, she hoped that they could find a way to make this facility a neighborhood school at some time in the future and not so detrimental to the mWential neighborhood - A recent letter the $chool 1 had not addressed the concerns regarding noise - Noise impacts OOalr 8:00 M. was unreasonable for this neighborhood area - If only 3% of the children amNed between 6:00 -6:30 A.M. why was the center open so early: a compromise could have been offered in the light of the concerns raised - Stated she would not approve the Use Permit requested 000014 PLANNING COMMISSION MEETING Page 5 SEPTEMBER 14, 1988 PUBLIC HEARINGS Continued Commissioner Kolstad commented as follows: - Objections to this proposal included traffic, question of availability of facilities and the possible redistribution of school children, question of a commercial operation on -site, noise - Professional experience in real estate demonstrated that potential home buyers had to made a decision whether or nor they wished to live next to a school and deal with the inconvenience - While the inactivity at this school may have been a benefit to the area, there were community and social needs/responsibilities for schools and primary care facilities - Furthermore, the School District had lease agreements with an escape clause; in addition, the City would have some limited control over any use permit granted - The Districes decision that the school would be used was not a threat, but rather reality - Would vote for approval; the Use Permit would be reviewed in four months and he would not hesitate to change his vote if problems arose Commissioner Burger fully concurred with Commissioner Kolstad's comments. She reiterated that the School District had the authority from the State to fill the school to capacity; a Prospect Rd. access would only shift the traffic impacts, not eliminate them. Commissioner Tucker considered the alternative of residential development on the site; traffic impacts of such would be greater than the use proposed. In addition, Primary Plus would have less enrollment than the Alternative School and the Commission could review this operation. She reaffirmed her sensitivity to the concerns of the residential aces. Commissioner Tappan concurred with statements of the above Commissioners. He agreed that the District could use the site as they wished and suggested that Primary Plus may have less traffic impacts than other uses. He favored review of the Use Permit, including a traffic study. Chairwoman Ouch concurred with Commissioner Kolstad's comments and favored review of the operation; she felt that traffic impacts could be reduced and asked the District to review the complaint regarding trucks on Titus Ave. Regardless of use, there would be traffic impacts. She was not favorable to a Prospect Rd access and cited safety hazards Consensus reached that traffic volumes and safety hazards would be of particular concern in reviewing the Use Permit; however, the entire operation would be carefully reviewed. City Attorney advised that the Commission's involvement with the Citizen/School District Committee be limited to a statement that the School District shall endeavor to resolve problems by meeting with interested parties. BURGER/KOLSTAD MOVED APPROVAL OF UP -88-010 PER THE MODEL RESOLU- TION, EXHIBIT A. AND DIRECTING STAFF TO MONITOR TRAFFIC IMPACTS ON AN ON -GOING BASIS, AMENDING CONDITION 4. TO REQUIRE REVIEW OF THE USE PERMIT FOUR MONTHS AFTER COMMENCEMENT OF THE PRIMARY PLUS OPERATION AND ADDING A CONDITION REQUIRING AN ANNUAL REVIEW OF THE USE PERMIT. Passed fr 1, Commissioner Harris dissenting. 000015 Use Permit RESOLUTION NO. UP -88 -010 A RESOLUTION OF THE SARATOGA PLANNING COMMISSION CITY OF SARATOGA APPROVING USE PEP14IT APN #386 -28 -001 WHEREAS, The City of Saratoga Planning Commission has received an application for Use Permit Approval of Primary Plus to provide child care services to up to 175 preschool and school age children at the Hansen School located at 12211 Titus Avenue. 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 child care program is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. (b) That the proposed child care program and the conditions cinder which it would be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impacts. (c) That the proposed child care program 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 Cupertino Unified School District for use permit approval be and the same is hereby granted subject to the following conditions: 1. The hours of operation for the Primary Plus program shall be limited to 6:00 a.m. to 6:30 p.m. Monday through Friday. In addition, a total of three, evening or weekend festivals shall be permitted during the school year. Planning Director to be notified at least 15 days prior to holding of each such festival. 2. The maximum number of students shall not exceed 175 or that permitted by the license, whichever is less. 3. Any additional on -site signs shall comply with City Code Section 15- 30.080 4. Use permit shall be reviewed four months from opening and annually thereafter. 4 0 00016 UP -88 -010, 12211 Titus Avenue 5. Access shall remain from Titus Avenue per Exhibit A. No access is allowed on Prospect Avenue. Section 2. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. 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 ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of September, 1988, by the following vote: AYES: Commissioners Guch, Siegfried, Burger, Harris, Kolstad, Tucker, an( Tappan NOES: Commissioner Harris ABSENT: None Chairman, Planning Comzfiission AT T: 'Secret a Planning Commission The foregoing conditions are hereby accepted. MEN & /1��l f� � 5 000017 T R A F F I C A N A L Y S T S R E P O R T H A N S E N S C H O O L P R O S P E C T R O A D a n d T= T U S A VENUE _ C I T Y O F S A RA T O GA July , 1988 By PANG & ASSOCIATES CIVIL AND TRANSPORTATION CONSULTANTS P.O. BOX 4255 MOUNTAIN VIEW, CA. 94040 TABLE OF CONTENTS I. INTRODUCTION II. SITE CONDITIONS III. TRAFFIC CHARACTERISTICS A. Trip Generation B. Trip Distribution C. Level of Service D. Circulation and Access IV. MITIGATION MEASURES V. CONCLUSIONS APPENDIX Site Plan Level of Service Descriptions Level of Service Calculations LIST OF PLATES PLATE 1 PLATE 2A & 2B PLATE 3A & 3B VICINITY MAP PEAK HOUR TRIP DISTRIBUTION MAXIMUM PROJECT PEAK HOUR TRIP DISTRIBUTION REALISTIC PROJECT LIST OF TABLES TABLE I TRIP GENERATION TABLE II SUMMARY LEVEL OF SERVICE PAGE 1 1 3 3 6 11 14 15 16 PAGE 2 7 & 8 9 & 10 PAGE 5 13 000019 TRAFFIC ANALYSIS REPORT I. INTRODUCTION The CUPERTINO UNION SCHOOL DISTRICT proposes to utilize the existing Hansen School in the City of Saratoga with two distinct uses: (a) as an Alternative School (1) with a maximum of 200 children in kindergarten to sixth grade (K -6); (b) with a Primary Plus Day Care Facility with a maximum of 350 children. The site plan (2) shows the existing school at the southwesterly corner of Prospect Road and Titus Avenue. The objectives of this report are to analyze the existing and future traffic conditions, provide an estimate of traffic generation, assign and distribute the trips to critical intersections, assess the project's impact at these critical intersections, and suggest possible mitigation measures. II. SITE CONDITIONS The school (Plate 1) is located on the west side of Titus Avenue, immediately southerly of Prospect Road. The existing school building will be used for both the Alternative School and Primary Plus Day Care. The site is bounded on the north by Prospect Road, a 4 lane major arterial street, the south half of which is in Saratoga and the north half in San Jose. Immediately to the west and south are existing single family homes. To the east is Titus Avenue, a two lane collector street, and to the southwest is Melinda Circle, a two lane local street. (1) A private school environment within the public school system, and provides the student with special enrichment activities. (2) The site plan is contained in the Appendix -1- 0000 �°�POS�ECT S... D �I BwGbA'!�/ R -N- �9�E�c/ 000021 �vo sC.q�E YLATi: 1 PANGA ASSOCIATES V 1 C I N I T Y MA Y CIVIL ANC TRANSPORTATION CONSULTANTS ro DOX 425S MOUNTMN VIEW. G 94040 II16181S -1030 III. TRAFFIC CHARACTERISTICS A. Trip Generation Two scenarios for evaluating the traffic impacts of the project are presented. The first is a MAXIMUM PROJECT condition with 200 children attending the Alternative School, and 350 children the Primary Plus Day Care facility for a total of 550 students. The second is a REALISTIC PROJECT condition with 200 children in the Alternative School and 175 children in the day care facility after five years of operation for a total of 375 students. Alternative School The Alternative School consists of a maximum of 200 kindergarten thru sixth grade (K -6) children with an estimated trip generation rate of 3.6 per child per day. This rate includes a 20% allowance for carpooling. The average CalTrans trip rate for neighborhood elementary schools without school bus service is 1.16 per student. The lower rate also assumes some carpooling and public bus usage, plus other non - automobile trips from the neighborhood, e.g. walking, skateboarding and biking. The Alternative School concept requires that parents participate in the child's educational process. Thus, it is anticipated that a rate greater than 1.16 is appropriate. The 3.6 trips per child rate is considered a "worse case" situation and is used in the analysis as a conservative representation of the traffic impacts. The typical hours of operation of an elementary school is expected with classes from about 8:00 AM to 3:00 PM. The principal, teachers and other employees may be present on the site until 4:30 or 5:00 PM. A 24% AM peak hour factor for 7:30 to 8:30 AM, and a 6% PM peak hour factor for 4:30 to 5:30 PM are selected as representative of the "worse case" scenario. For the Alternative School portion of the project, about 720 trips per day with 173 AM peak hour trips and 43 PM peak hour trips are anticipated. -3- 000022 Primary Plus Day Care The Primary Plus Day Care facility is expected to have about 75 children in the first year of operation (1). Growth projections are 25 children per year so that after five years, the enrollment should be at the 175 children level. The day care facility, unlike the Alternative School, will operate throughout the 12 months of the year. The application to the City of Saratoga contains a 350 children maximum enrollment. The hours of operation are 6:00 AM to 6:30 PM with the AM peak hour around 8:30 or 9:00 AM and the PM peak hour around 4:30 or 5:00 PM. A 20% AM peak hour factor and 10% PM peak hour factor are estimated for the day care facility. The estimated trip rate of 3.6 per child per day with a 20% allowance for_ carpooling is used for the "worse case" condition. About 1260 trips per day with 252 AM and 126 PM peak hour trips are expected for the MAXIMUM PROJECT condition. The REALISTIC PROJECT condition approximates one -half the above estimates for daily and peak hourly volumes for the day care facility. Table I contains a summary of the trip generation estimates for the two scenarios. The MAXIMUM PROJECT will consist of 1980 trips per day at full occupancy with about 425 AM and 169 PM peak hour trips. The total REALISTIC PROJECT will generate 1350 trips per day after five years with about 299 AM and 106 PM peak hour trips. (1) Reference: Carol Freitas of Primary Plus -4- OU002 , TABLE I TRIP GENERATION LAND USE UNIT TRIP DAILY RATE TRIPS I. THE PROJECT - MAXIMUM CONDITION a. Alternative (a)(c) School 200 3.6 720 (K -6) children per child b. Primary Plus (b) Day Care 350 3.6 1260 children per child T O T A L 550 children 1980 II. THE PROJECT - REALISTIC CONDITION a. Alternative (a)(c) School 200 3.6 720 PEAK PEAK HOUR HOUR TRIPS FACTOR M AM PM AM PM IN OUT IN OUT 24 6 121 52 15 28 (70%)(30%)(35%)(65%) 173 43 20 10 126 126 63 63 (50%)(50%)(50%)(50%) 252 126 247 178 78 91 (58%)(42%)(46%)(54%) 425 169 24 6 (K -6) children b. Primary Plus (b) Day Care 175 3.6 630 20 10 children 121 52 15 28 (70%)(30%)(35%)(65%) 173 43 63 63 31 32 (50%)(50%)(50%)(50%) 126 63 T 0 T A L 375 children 1350 184 115 46 60 (62%)(38%)(43%)(57%) 299 106 Source: (a) Cupertino Union School District Interview with Sonja Shurr (b) Primary Plus, Interview with Carol Freitas (c) CalTrans, "Trip Ends Generation Research Counts" without bus service rate is 1.16 for neighborhood schools. PANG, & ASSO IAT S CIVIL .NO IN.NS.O.IAI�ON CONSULTANTS 000024 B. Trip Distribution The trip distribution for the MAXIMUM PROJECT is shown on Plates 2A and 2B for the AM and PM peak hours. The REALISTIC PROJECT trip distribution is contained on Plates 3A and 3B for the AM and PM peak hours. The trips were distributed with the percentages based on the existing traffic volumes and estimated Alternative School enrollments as follows: North - Not applicable (included in East and West percentages) East - 61% from Prospect Road East South - 6% from Titus Avenue South West - 33% from Prospect Road West The Primary Plus trip distribution was estimated based on the area's demographics and location of other Primary Plus and competing day care facilities (1) as follows: North - Not Applicable (included in East and West percentages) East - 25% from Prospect Road East South - 20% from Titus Avenue South West - 55% from Prospect Road West The directional splits for the Alternative School are 70:30 (IN:OUT) for the AM peak hour and 35:65 (IN:OUT) for the PM peak hour. The Primary Plus directional splits are 50:50 (IN:OUT) for the AM and PM peak hours. (1) Reference: Carol Freitas of Primary Plus -6- 000025 V PLATE 2A /D0 /06 �j JN� • �GY7ii'` /E. i AM PEAK HOUR TRIP I� I S TR I BUT I ON MAXI MUM PROTECT -x- A`42=44 9 000026 Iva xewez- PANG & ASSOCIATES CIVIL AND TRANSPORTATION CONSULTANTS PO WX 4265 MOUNTAIN VIEW. CA 94Wp 141610"4030 I PLATE 2 B PM PEAK HOUR TRIP DTSTR2BUTION MAXTMUM PROJECT 00002" PANG& AS50dAT S CIVIL AND TRANSPORTATION CONSULTANTS ►O DOx 4265 MOUNTAIN VIEW. G 04040 Isla► 94& -1030 �I ti V tI 41 �1 QPGbi1'!i /E. -x- O 4k4 000028 wo s�.q�E P 1-.,,A T E 3 A I AM PEAK HOUR PANG& ASSOCIATES TRIP D S S T R= B U T I O N CIVIL AND TRANSPORTATION CONSULTANTS R E A L I Sr I C P R O J E C T Po mac 4265 MOU+TA+ VIEW. CA 94W (4161 0.0.1030 0 �•�POS.oECr� 90 �I ti V tI 41 �1 QPGbi1'!i /E. -x- O 4k4 000028 wo s�.q�E P 1-.,,A T E 3 A I AM PEAK HOUR PANG& ASSOCIATES TRIP D S S T R= B U T I O N CIVIL AND TRANSPORTATION CONSULTANTS R E A L I Sr I C P R O J E C T Po mac 4265 MOU+TA+ VIEW. CA 94W (4161 0.0.1030 000029 No PLATE 3 g PM PEAK DOUR PANG& ASSOCIATES TRIP D T S T R T B U T T O N CIVIL AND TRANSPORTATION CONSULTANTS R E A L T S T T C PROJECT PO MR 4266 MOUNTAld wEw. CA Novo (.u) wao" C. Level of Service One critical intersection in the vicinity of the project site was selected by the City of Saratoga for level of service (1) analyses. The intersection is Prospect Road at Titus Avenue. The intersection is currently unsignalized and operates with a STOP sign on Titus Avenue. The intersection was evaluated for the AM and PM peak hours for two scenarios and several conditions: MAXIMUM PROJECT REALISTIC PROJECT 1. Existing; 1. Existing; 2. Existing + With 2. Existing + With Maximum Project; Realistic Project; 3. With Mitigation 3. With Mitigation The "Existing" counts were taken in mid -July, 1988 by Pang & Associates. The AM peak hour selected was 7:30 and 8:30 AM and the PM peak hour between 4:30 and 5:30 PM. The volume to capacity ratios (V /C) and level of service (LOS) were calculated for the critical intersection, utilizing the City of San Jose's critical movement analysis level of service program. This method was selected because Prospect Road lies partially within the cities of San Jose and Saratoga (2). The V/C ratio was calculated for the existing AM and PM peak hours. The turning movement volumes are lower than during a typical day in September thru May since the traffic from surrounding schools are not on the street system during the summer months. (1) Refer to Appendix for Level of Service descriptions. (2) Reference: Erman Dorsey, Engineering Department, City of Saratoga -11- 000030 Nevertheless, the counts do represent a base condition from which the "With Project" V/C ratios may be compared. The calculations for the "With Maximum Project" condition includes 425 AM and 169 PM peak hour trips, while the "With Realistic Project" condition includes 299 AM and 106 PM peak hour trips. Table II contains a summary of the V/C ratios and LOS for the intersection utilizing the critical movement analysis methodology. The Prospect Road / Titus Avenue intersection operates with an "A" - LOS for the "Existing" condition and a "B" or better LOS for both the MAXIMUM and REALISTIC "With Project" conditions for the AM and PM peak hours. Normally, in urban areas, a "D" or better LOS is the upper threshold of acceptance. Thus, the MAXIMUM PROJECT or "worse case" condition as well as the REALISTIC PROJECT have an insignificant traffic impact at the Prospect Road..-/- . Titus Avenue intersection. While mitigation is not required at the Prospect Road / Titus - Avenue intersection, traffic operations may - be improved by restriping the intersection with the following lane configurations: West Leg: A left turn lane, two thrus, and a separate right turn lane, from a left, a thru and a shared thru -right lane. South Leg: A separate left turn and a separate right turn lane, from a combined left -right lane. Parking prohibitions along the south side of Prospect Road in front of the school site, and on both sides of Titus Avenue from Prospect Road southerly to Country Squire Lane would be required. -12- 000031 TABLE II SUMMARY LEVEL OF SERVICE --------------------------------------- WITH EXISTING PROJECT INTERSECTION --- - - - - -- ------- - - - - -- MAXI- REALIS- MUM TIC -------- - - - - -- LOS LOS LOS V/C V/C V/C --------------------------------- - - - - -- Prospect Road/ Titus Avenue ---------------------------- WITH (1) MITIGATION INCREASE ------- - - - - -- ------- - - - - -- MAXI- REALIS- MAXI- REALIS- MUM TIC MUM TIC ---------------------- - - - - -- LOS LOS - -- - -- M V/C V/C ---------------------- - - - - -- A A A A A AM 0.498 0.574 0.549 0.502 0.485 11.5 7.7 PM A B B B A 0.599 0.664 0.641 0.600 0.587 8.8 5.6 --------------------------------------------------------------------- V/C = Volume to Capacity ratio LOS = Level of Service AM = Morning Peak Hour PM = Evening Peak Hour (1) "PERCENT INCREASE" refers to the increase in critical volumes with the approval of this project. PANG, & ASSOCiATES CIVIL ANU TRANSPORTATION CONSULTANTS 000032 D. Circulation and Access Access to and from the site is provided along Titus Avenue, a 2 lane collector street, to a parking lot with a counter clockwise on site traffic pattern. Some drivers familiar with the area may also utilize Melinda Circle from Kristy Lane and Miller Avenue. This action should be discouraged by the Cupertino Union School District and Primary Plus to retain Melinda Circle as a residential street. The estimated maximum additional peak hour volumes expected on adjacent streets are as follows: STREET MAXIMUM ADDITIONAL PEAK HOUR VOLUMES Prospect Road West 195 Prospect Road East 170 Titus Avenue_ near Prospect Road 365 Titus Avenue South of site 60 Other residential streets to the south will have increases in peak hour volumes of less than 60. The residential area surrounding the site is controlled by a series of 3 and 4 -Way STOP intersections which discourages through traffic and lowers the running speed. Streets that could be affected with slight increases in traffic include but are not limited to: Brookview Drive, Miller Avenue, Northampton Drive, Brockton Lane, Melinda Circle and Kristy Drive. -14- 000033 IV. MITIGATION MEASURES The following mitigation measures relate to suggestions to improve access, minimize congestion and enhance the traffic carrying capability of streets in the proximity of the development. 1. Restripe the "T" intersection at Prospect Road / Titus Avenue as follows: West Leg (Prospect Road): a left turn lane, two thrus, and a separate right turn lane with parking prohibition on the south side of Prospect Road; South Leg (Titus Avenue): a separate left turn and a separate right turn lane with parking prohibition on both sides of Titus Avenue from Prospect Road southerly to Country Squire Lane. 2. Restrict Alternative School and Primary Plus traffic to Titus Avenue, a two lane collector street, with use of the on -site counter clockwise parking lot circulation pattern. -15- 00034 V. CONCLUSIONS The peak period traffic impacts have been evaluated and several mitigation measures proposed. Several conclusions may be extracted from this report. They are related to trip generation, circulation and access, and intersection levels of service. 1. The MAXIMUM PROJECT - "worse case" condition is expected to generate about 1980 trips per day or a maximum of 425 AM peak hour trips. Approximately 247 (58 %) of the vehicles will be inbound and 178 (42 %) outbound during the AM peak hour. The REALISTIC PROJECT is expected to have 1350 trips per day after five years with 299 AM peak hour trips. About 184 (62 %) of the vehicles will be inbound and 115 (38 %) outbound during the AM peak hour. 2. The level of service at the Prospect Road / Titus Avenue intersection utilizing the critical movement analysis methodology will be at an "A" level of service for the "Existing" and a "B" or better level of service for the "WITH MAXIMUM PROJECT" condition. 3. Peak hour volumes on existing streets surrounding the project site will be insignificantly increased. -16- 000035 N P SL .0 P. IL C v a u IL ------- — --------------- P ' 177 G J.31 U7- r-YTr2 tore w& :vim _ TYPUL JA = . 1 ,7. 'A - rIp: T FM (- "— 40 I . a W 0. Iw. 11IW�OL Q � Wus FM (- "— 40 I . a FILICS - AIRCUIT34T LAURA IL NAMSXX ltrILUIPITAIII SCIOOL.. a Co LEVEL OF SERVICE CONCEPT Volume /Capacity Service Level Description --------- - - - - -- ------------------------- Ratio A <.60 A condition of free flow, with low volumes and high speeds. Traffic density is low, with speeds controlled by driver, desire, speed limits, and physical road conditions. B 0.60 < 0.69 A condition of stable flow, with operating speeds beginning to be restricted somewhat by traffic conditions. Drivers still have reasonable freedom to select their speed and lane of operation. C 0.70 < 0.79 A condition of stable flow, but speed and maneuverability are more adversely affected by higher traffic volumes. Most drivers are restricted in their freedom to select their own speed, change lanes, or pass. D 0.80 < 0.89 Conditions approach unstable flow, with tolerable operating speeds being maintained though considerably affected by changes in operating conditions. Fluctuation in volume and temporary restrictions may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort, and convenience are low, but conditions can be tolerated for short periods of time. E 0.90 < 1.00 Represents operation at operating speeds lower. than in Level D, with volumes at or near the capacity of the highway. F > 1.00 Represents forced flow operations at low speeds, where volumes are below capacity. Speeds are reduced substantially and stoppage may occur for short or long periods of time because of the downstream congestion. PAs & ASSOCIATES Cl�ll AMO IIIAMjpp1AT QOM C01IjULTAMTj 000037 pertino Union School District June 20, 1988 Mr. Robert T. Calkins Assistant Planner City of Saratoga 13777 Fruitbale Avenue Saratoga, CA 95070 10301 Vista Drive • Cupertino, CA 95014 • (408) 252 -3000 Subject: Use Permit for Child Care, UP -88 -010 Dear Mr. Calkins: In reference to your letter dated June 14, 1988 regarding use permit, UP -88 -010 regarding additional information concerning the following: 1. Since a portion of the facility will be used as a District educational site, evening usage will consist of P.T.A. meetings, Boy Scouts, Girl Scouts, e.e., school /family assemblies, winter, spring, and summer family festivals and open houses. The above programs usually commence at 7:00 p.m. and are over by 9:30 p.m. Saturday use may consist of a school carnival, "pumpkin panic ", track meet, i.e. These special events usually commence at 9:00 a.m. and finish by 5:00 p.m. 2. Please see attached plot plan verifying existing parking spaces and circulation pattern. 3. Signs a. School's existing sign will remain with a possibility of a change in wording (see site plan). b. A new directory will be designed identifying the location of Muir Alternative School and Primary Pluss Programs (Please see attached plot plan). If you have any questions, please contact me at 252 -3000 X370. Sincerely, Sonja Shurr Supervisor, Property and Facilities Planning SS:eb 400035 Superintendent Yvette del Prado, Ph. D. • Board of Education Joan C. Barram Steven C. Chell Tommy G. Shwe Susan P Silver Elaine K White �r QA,+ 9/13/88 For your information, the attached letter and enclosures was hand delivered to the following list of people on 9/12/88 Ann Marie Burger 20045 Winter Lane Saratoga, CA. 95070 Susan B. Guch 12091 Plumas Drive Saratoga, CA. 95070 Janet Harris 21083 Comer Drive Saratoga, CA. 95070 John Kolstad 13600 Westover Drive Saratoga, CA. 95070 Richard Siegfried 13388 Surrey Lane Saratoga, CA. 95070 Thomas Tappan 19391 Valle Vista Drive Saratoga, CA. 95070 Karen Tucker 13545 Riverdale Drive Saratoga, CA. 95070 000039 pertino Union School District 10301 Vista Drive • Cupertino, CA 95014 • (408) 252.3000 September 12, 1988 Ms. Karen Tucker 13645 Riverdale Drive Saratoga, CA. 95070 Dear Ms. Tucker: The purpose of this letter is to provide a summary of the steps taken by the Cupertino Union School District in support of the Use Permit application for Hansen School. It is my hope that this will provide adequate information to enable the members of the Commission to approve the Use Permit of Primary Plus. In chronological sequence the district: o participated in 1986, by invitation of the Saratoga City Council, in a school site task force to assist in a study of school sites as a part of the City's policy development plan (summary attached). Please note the concluding paragraph of the summary letter prepared y Virginia Laden Fanelli which states: "It was agreed by all that the City and schools must work together to educate the public to the value of retaining sites for further education and current recreation needs: The greater goo_ d�of o solicited, prior to application for a Use Permit, potential lessees. Primary Plus was selected as best meeting district, community, and City of Saratoga needs and requirements. o notified the Hansen area residents living in a 500 foot circle from the school's property corners and conducted a community meeting prior to permit application. The meeting was well attended and only two people from this meeting have attended subsequent meetings, an indication of low concern. The district followed the City's public notification procedure prior to applying for a use permit. o applied for the Use Permit in April of 1988 assuming that would provide sufficient time for a proposed August 15 opening for Primary Plus. o contracted for, at the direction of the City, a traffic study by Pang & Associates. The significant conclusion of that study was that even under the maximum proposed student use by Primary Plus and the Alternative Program, the traffic service level at the Prospect /Titus intersection Superintendent Yvette del Prado. Ph.D. • Board of Education Joan C. Barram Steven C. Chell Tommy G. Shwe Susan P Silver Elaine K. While Ms. Karen Tucker September 12, 1988 Page 2 would be at an "A" volume /capacity ratio - the highest possible rating on an A -F scale. An "A" rating is described as follows: "A condition of free flow, with low volumes and high speeds. Traffic density is low, with speeds controlled by driver desire, speed limits, and physical road conditions." o conducted two additional meetings in residents' homes to ascertain concerns and review the proposed use of Hansen School o complied with City requirements to the extent that the staff recommended approval of the Use Permit at the original level of 350 participants for the Primary Plus program. o agreed to the on inal requests of the community group, including reduction from 350 to 175 students at Primary Plus, various parking modifications, and the establishment of a community /school committee to review conditions on a bi- annual basis. o investigated, at the request of the Planning Commission, a possible access opening off Prospect Road to serve the Primary Plus traffic. This access was not recommended by the traffic consultant as it failed to meet Cal Trans standards and would create additional vehicular hazards. Additionally, this driveway would seriously impact existing ball fields serving the greater good of the community, and would possibly require cutting trees along the west property line shielding Kristy Lane residents. In summary, it is the belief of the representatives of the Cupertino Union School District that we and Primary Plus have more than met any and all reasonable requirements for a Use Permit at Hansen School. Therefore, we respectfully request that the Saratoga Planning Commission approve our application. Sincerely, rge P m Pmegn ire or Asset M ag GP:dp 000041 ,AY LAWRENCE MNC.0 -1-M. PO BOX 4255 MOUNTAIN VIEW CA 94040 (415) 948 -1030 PAN & ASSOCIATES CIVIL AND TRANSPORTATION CONSULTANTS Ms. Sonja Shurr CUPERTINO UNION SCHOOL DISTRICT 10301 Vista Drive Cupertino, CA 95014 Re: Hansen School City of Saratoga Dear Ms. Shurr: At the request on August 16, opening off of intent of the Plus Day Care traffic for th, the existing two 8835 August 30, 1988 of the City of Saratoga's Planning Commission 1988, we have investigated a possible access Prospect Road at the Hansen School site. The proposed access is to serve only the Primary automobile traffic. The remaining vehicular e Alternative School will be accommodated by driveways and parking lot on Titus Avenue. Our investigation included a site visit, a review of existing "as- built" improvement plans, and a meeting with the City's Public Works and Planning Staff members. The centerline of the 24 foot driveway access opening is proposed at about 44 feet easterly of the -west school property line, or 187 feet easterly from the centerline of Kristy Lane, a two lane residential street. The 44 feet consists of a 25 feet setback from the property line to avoid the existing trees, plus a 5 foot sidewalk, a 2 foot shy -away for a fence and a 12 foot inbound travel lane. To the east of the centerline is another .14 feet consisting of a 12 foot outbound travel lane and a 2 foot shy -away. The distance from the centerline of the proposed driveway to the centerline of Titus Avenue is about 452 feet. The proposed driveway will operate only with right turns in and out from Prospect Road . Currently, Prospect Road operates with four thru travel lanes (2 lanes in each direction) with a striped double yellow "median" on the pavement within a 100 foot curb to curb width and 120 foot right of way. A bus stop with a concrete pad as well as a mail box also are located in the vicinity of the proposed driveway on the south side of Prospect Road. The current 85th percentile speed per the City's Public Works Department is about 44 miles per hour on Prospect Road. The accident history near the Titus Avenue / Prospect Road intersection was obtained from the City's Public Works Department. During the last five years, only two accidents 000042 were recorded, one in February 1985 for speeding with only property damage, and the other in February 1988 for an illegal U -turn from the thru lane. Several issues are considered relevant at the proposed driveway on to Prospect Road. They are: 1. volumes and turning movement conflicts; 2. sight distance; 3. weaving distance; 4. driveway cross - section width and turn around radii; 5. parking demand; 6. miscellaneous e.g. existing trees and soccer field dimensions. VOLUMES and TURNING MOVEMENT CONFLICTS Assuming that the Primary Plus Day Care will have 175 children for the "realistic condition" after five years in operation, 63 vehicles are expected to enter and 63 vehicles are to exit from the proposed driveway on Prospect Road during the AM peak period. The 63 inbound vehicles consist of 47 vehicles along Prospect Road from the west and another 16 vehicles along Prospect Road from the east. These 16 vehicles must negotiate a U -Turn at Miller Avenue, a distance of approximately 1138 feet westerly from the centerline of the proposed driveway. Of the 47 vehicles along Prospect Road from the west, 35 are expected to make a U -turn at the Titus Avenue / Prospect Road intersection, with the remaining 12 vehicles traveling south on Titus Avenue. These 35 vehicles must cross two lanes of traffic within 422 (452 -30) feet the distance to a STOP bar or crosswalk on Propect Road. In addition, the existing bus stop and mail box on the south side of Prospect Road may require relocation to minimize vehicular conflicts. This relocation will require a new bus stop concrete pad and coordination with the Santa Clara County Transportation Agency for the bus stop relocation, and coordination with U.S. Postal Service for a new mail box drop. Thus, the proposed driveway on Prospect Road creates additional vehicular conflicts of the new traffic with existing traffic, and increases U -turn movements at Miller Avenue and Titus Avenue. PAN & ASSOCIATES C.." ..O l...i.O.l.11p. C0.6"I..IS 000043 SIGHT DISTANCE The CalTrans Highway Design Manual recommends the following stopping sight distance (1) standards for various design speeds: Minimum Design Speed (mph) Stopping Sight Distance (ft.) 25 150 30 200 35 250 40 300 45 360 The distance between Kristy Lane and Titus Avenue is approximately 639 feet or about an average City or urban block length. The distance between Kristy Lane and the proposed driveway is 167 feet. The speed should be reduced to below 30 mph from about the existing 44 mph (40 mph posted speed limit) to meet.. minimum sight distance requirements. The proposed driveway location does not meet the CalTrans Highway Design criteria for sight distance at current vehicular speeds. Only at the "school speed limit" of 25 mph would the stopping sight distance requirement be satisfied. (1) Stopping sight distance is measured from the driver's eyes, which are assumed to be 3.5 feet above the pavement surface, to an object 0.5 foot high on the road. PAN& ASSOCIATES 000044 WEAVING DISTANCE The weaving distance for vehicles exiting the proposed driveway and the STOP bar or crosswalk at Titus Avenue is about 422 feet. The existing AM peak hour volume on Prospect Road in the eastbound direction is 631. With the 63 exiting vehicles of which 35 are expected to negotiate a U -turn at Titus Avenue, the total potential weaving volume is 694. The CalTrans design curve for collector weaving sections with a 40 mph speed would approximate a need for about 600 feet to meet the minimum weaving criteria across one lane of traffic. Therefore, the minimum weaving distance of 600 feet is not satisfied since there is only 422 feet available. DRIVEWAY CROSS- SECTION AND TURN - AROUND RADII The minimum pavement cross - sectional width is two - 12 foot travel lanes. In addition, a 5 -foot sidewalk,plus room for fencing on both sides is desirable. To accommodate the vehicular turn - around, a 32 foot outside radii is desirable to meet the City of Saratoga's requirements. To date, the on -side driveway has not been engineered. However, if the driveway is constructed at a location off of Prospect Road, the City of Saratoga's minimum criteria must be satisfied. (Refer to revised site plan). PARKING DEMAND At the end of the driveway, temporary parking should be supplied to accommodate the needs of the Primary Plus Day Care center. Because a child must be delivered to the classroom, a parent must park the vehicle and walk the child inside the building. Current estimates by Primary Plus indicate a need for a minimum of 35 spaces during the peak hour. The revised site plan shows 36 parking stalls. MISCELLANEOUS Other items of concern are the existing trees along the west property line which currently shields the Kristy Lane residents from the ball fields, and the utilization of the ball fields. PAN & ASSOCIATES C$VII AND I.AMt.O.1AIlOM COMA ­1­1 000045 The existing trees are to remain with the proposed centerline of the driveway located about 44 feet easterly of the west property line. However, the revised site plan shows the encroachment upon the soccer fields and baseball fields. Current utilization of the fields are as follows: 1. California Youth Soccer Association (CYSA) August to January 3:30 to 7PM, Mondays to Fridays; Saturdays - all day 2. American Youth Soccer Organization (AYSO) September to December 3:30 to 7 PM, Mondays to Fridays; Saturdays - all day 3. Bobby Sox - softball March to June 4 to 8 PM Mondays to Fridays; Saturdays - all day. Thus, the baseball diamonds and the soccer require relocation- of some of the baseball Additionally, an appropriate field size would available for soccer. fields would equipment. not remain Our investigation of the proposed driveway at Propect Road to serve the Primary Plus Day Care facility has focused on the traffic engineering issues. With an inadequate sight distance, and an inadequate weaving distance along Prospect Road, plus a 36 stall parking lot, the proposed driveway is expected to create additional vehicular hazards. Thus, it is suggested that the Prospect Road driveway be removed from consideration as a possible alternative access to serve the Primary Plus Day Care at the Hansen School site. Very Truly Yours, Gay Lawrence Pang Enclosure : Site Plan by Cupertino Union School District PAN & ASSOCIATES CIV14 •MO T.AM{.O.TATIOM COMauu..TS 000046 pmaqb Ina -- :_ - gab •i —� L-} «.� \� I � • w ova - - - - -� i 007 V \. 8•iir��" '' � �. •�ti 1 % / ��� "yam �-• �. � � I r �-•�` _ _ .. yl�f I .�'�- ..•s.- .-..rte WT mels1 1 WY •1 1 - - "-.-- so"" 000047 "'sir D A �•�� 13777 FRUITvALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 867-:3438 S'7500 �Olk COUNCIL MEMBERS: Linda Callon Martha Clevenger Virginia Laden Fanelli Joyce Hlava David Moyles Summary School Site Task Force Meeting March 27, 1986 Present: Jerry Matranga, Cupertino Union School District Sonia Shurr, Cupertino Union School District E. G. McNicholas, Saratoga Union School District Sarah Dunham, Campbell Union High School District Tom Hodges, Fremont Union High School District Dorothy Diekmann, Los Gatos - Saratoga Joint High School Dist. Virginia Fanelli, City -of Saratoga Harry Peacock, City of Saratoga 1. Reviewed information-from Cupertino Union School District, Campbell Union High School District, and Los Gatos - Saratoga Joint High School District regarding schools in Saratoga. Saratoga Union School District will be delivering their data. We need to request the information from Campbell Elementary and Moreland. 2. It was explained that the City Council has included the study of school sites in its annual policy development plan. The Parks and Recreation Commission has been asked to do an inventory of the recreation needs of the community and how the school sites serve those needs. The Planning Department will be looking at the potential uses in respect to the zoning ordinance. 3. Concerns of school districts in leasing of part or all of a school: A. Liability - the cost that users incur to obtain liability insurance. B. The revenue from leases can presently be used for mainten- ance of the site and within the district. The State may change its position. C. City process - involved and expensive. 11 Summary - School Site Task Force Meeting March 27, 1986 Page 2 4. Use permit process: Can City set some base standards for issuing a master use permit for a site? Then, other users would not have to have separate use permit if they complied with those standards. Areas of greatest concern: A. Parking - set a realistic ratio. Elementary schools currently have about two spaces per classroom. B. Hours of operation and days. C. Traffic generated both in volume and time. D. Allowance of uses not strictly educational. E. Truck deliveries and refuse collection. 5. Uses for which schools have received requests: Nursery schools; day care - -both preschool & older children; office space; light industrial including research & training; private schools; adult education - -JTPA training programs; independent study programs; university extension programs; performing arts; nursing home; senior citizen home; medical offices; retail (depending on location of site). 6. May want to look at State law concerning alcoholic beverages on school property. Alot of calls for organization and fraternal meetings, conventions. It was agreed by all that the City and schools must work together to educate the public to the value of retaining sites for further education and current recreation needs. The greater good of the community should be encouraged rather than just responding to the immediate neighborhood. Prepared by: Virg nia Laden Fanelli Councilmember jm 000049 of 7�1 Saratoga Planning (bmmission 13777 Fruitvale Avenue Saratoga, CA 95070 Re Use Permit - Primary Plus Laura B. Hansen School Ladies & Gentlemen As a resident in the immediate neighborhood of the Laura B. Hansen School, I would like you to be informed that I am against the proposal by the Cupertino School District to lease space in this school to Primary Plus for use as a day care center. I am extremely concerned about the adverse safety and environmental effects that the increased traffic and noise on Titus Avenue, already an overstressed street, will have on me and my family. I urge you to reject the application for a use permit, on any basis. S incerely Sat &q e c L� Home Address q Ig AV> 9 Date 7 000050 �,,� a '► l e-J 7L-a b a 11 GQ tit PRIMARY PLUS ... private elementary education September 9, 1988 Saratoga City Hall 1377 Fruitvale Avenue Saratoga, CA 95070 Attn: Janet Harris Dear Ms. Harris, We would like to present a summary of our plans for Hansen school for your review. We appreciate your time in consideration of this project. It is our belief that the project will add to the educational opportunities for young children in our community. We would be happy to provide any additional information you may require. Sincerely yours, Carole J. Freitas (408) 248 - 2464 Enclosure CJF:kjy AMBER DRIVE ELEMENTARY SCHOOL • 3500 Amber Drive • San Jose, CA 95117 • (408) 248 -2464 EL QUITO SCHOOL • 18720 Bucknall Road • Saratoga, CA 95070 • (408) 370 -0357 n f� f MT. VIEW SCHOOL • 333 Eunice Avenue • Mt. View, CA 94040 • (415) 967 -3780 00 n 0 51 HANSEN AVENUE CHILDREN'S COMMUNITY SEPTEMBER 1988 000052 In each of these programs, Primary Plus is dedicated to providing children with a happy, healthy and creative environment involving experiences with the following goals: • Successfully getting along in a group situation • Development of maximum use of small and large muscles • Increased attention span • Independent socialization and development of friendships • Increased communication skills • Development of a greater feeling of self -worth through success with a variety of activities, and • Encouragement of self- discipline Primary Plus is directed by John and Carole Freitas. Mr. Freitas is a former Teacher of the Year for the Fremont High School District and California Teacher of the Year nominee. He is also a member of the Board of Fellows of Santa Clara University. Mrs. Freitas, President of Primary Plus, is a former high school and college teacher. She holds an M.A. in Child Development and Family Relationships. 000053 ACTION DAY NURSERY AND PRIMARY PLUS A PHILOSOPHY - IN PROGRESS Our schools' doors opened in 1968 because of the desire to experience first hand the marvelous thrills and excitement of the world of young children. Of interest to the founders was the tremendous amount of learning that goes on in young children. It's a very exciting time for them. All of the important loving and guiding experiences of infancy we see played as the child grows. Also at this time, we have an opportunity to suggest much of what will happen to children as they go through elementary school, junior high school and on into adult life. It also was a real challenge to the people beginning our program to have an opportunity to provide a situation that would assist in maximum development for children. Many things that can be picked up and observed during the preschool years can be corrected or encouraged, leading to much greater success in the years that follow. We have maintained over the eighteen years that we've been in operation a philosophy that encourages what we call a "semi - structured program." Semi - structured means, to us, that we have a program put together by teachers and others that sets our specific goals each day, week and month for every child enrolled in our program. Although the adults have goals and directions for the children in mind, the children are not "made to" take part in these activities it they choose not to. We feel that this makes it a semi - structured situation. So, although the teacher may have set up a music period, hoping to Increase the child's awareness of music as well as to build on the child's attention span, if a particular child doesn't want to take part In the music activity, he or she is not forced to be a part of the group at that time. We feel that this allows for specific growth and also individual freedom. One of the important differences in our philosophy has been the fact that we've been committed to a particular kind of adult in our school environment. We have been proud of the fact that we have carefully chosen adults who really care about children. We could spend hours and hours going through books, writing lesson plans, buying equipment, setting up the preschool; however, the most important factor in any school situation is the adult. It is exceedingly important that when each child enters the school situation, he or she finds an adult who really, truly likes him or her. It is our hope that each child will leave at the end of the day feeling better about himself or herself and also equipped with a number of things they can say to themselves they can do that they couldn't do when they started that day. If we achieve this goal, we add tremendously to the resources that each child takes with him or her as they move up the educational ladder. It is our continued hope that we will be able to provide an environment that stimulates positive feelings about oneself as well as a sound curriculum for each child. CAROLE J. FREITAS 15600 Canon Drive Los Gatos, CA 95030 (408)354 -3064 EDUCATION San Jose State University San Jose, California Major: Home Economics Degree: Master of Arts Emphasis: Child Development and Family Relationships CURRENT Secretary- Treasurer of Action Day Nursery School, Inc. POSITION President, Primary Plus Wife of John R. Freitas Mother of Michelle Ann Freitas CURRENT American Home Economics Association MEMBERSHIPS Private Nursery School Association La Rinconada Country Club Foundation for Hearing Research Auxiliary for Hearing Research Parent Group - Jean Weingarten Oral School for the Deaf Exceptional Parents of Exceptional Children President's Club - University of Santa Clara Board of Fellows - University of Santa Clara Alumni Association - San Jose State University O'Connor Hospital Auxiliary San Jose Chamber of Commerce San Jose Chamber's Women in Business LISTED IN Directory of Distinguished Americans Who's Who in Education 000055 A PROUD RECORD .... 1968 - Action Day Nursery began operating as a preschool. The Prunerldge School In Santa Clara was the first Action Day nursery school to be opened. 1971 - The second preschool, at 3030 Moorpark, opened its doors. An infant center Is also boated at the Moorpark School. 1975 - Our third preschool joined the Action Day Nursery group. The Lincoln School is located in a building that's about tiny years old and used to be a farmhouse on Lincoln Avenue. We're very proud of the fact that the Willow Glen Historical Society put a picture of our school in the book called 001d Willow Glen', which is a guide to historical landmarks in the Willow Glen area. 1976 - The Action Day Academy of Dance originated at our Moorpark School. The dance program now has several locations and many children tapping, tumbling and doing ballet each week. We also have some adult classes. The highlight of our dance program is a production each year at the San Jose Center for Performing Arts. 1978 - Action Day Nurseries took over ownership of University Preschool on June 1, 1978. University Preschool has been in existence In Saratoga for over 22 years. 1979 - In July, 1979, Primary Plus opened at 3500 Amber Drive. Primary Plus is an elementary school with grades kindergarten through eighth grade. The school provides an educational setting that is staffed with warm, personally interested adults who give the students the message that teaming is exciting and important. The teachers attempt to establish a leaming environment that will allow the children to experience the maximum amount of success possible. 1979 - Primary Plus Saratoga campus began offering extended day classes at the former Brookview Elementary School. 1980 - Primary Plus Saratoga campus moved to Quito School and expanded to include preschool and private kindergarten Gasses. 1981 - In 1981, our family had a new addition. Our new facility is the first school outside of the immediate area. Located in Mountain View on the edge of a park, infants to children nine years old are in attendance. The Mountain View Primary Plus is located In a facility that was formerly Cooper School in the Mountain View Elementary School. District. The Infant program is housed in two small buildings and the preschool- kindergarten program In a large, center -pod type building. 1984 - In September 1984, West Valley Middle School welcomed students from fifth to eighth grade. Many of these students have been involved in Action Day Nursery and/or Primary Plus for a number of years. The noddle school curriculum focuses on the unique needs of children ten to fourteen years of age. The staff has worked carefully to develop a total program that will encourage maximum growth both emotionally and intellectually. 1985 - Primary Plus Saratoga campus nerved to El Quito School and expanded to include an infant - toddler program, preschool and private classes for children enrolled in kindergarten through third grade. 10 MTN. VIEW p J ¢ _J W J Q } Z Z Z) U) PROSPECT RD — ACTION DAY 13560 SARATOGA- SUNNYVALE RD. 14081867-45 15 ACTION DAY AND PRIMARY PLUS ACTICN ;A1' 1 I - RUNFPIT) .F INFANT CENTER SAN JOSE .ICTION DAY Ya5 LINCOLN AVE :08 ..:,:6.6952 r- 0 0 0 r-� a c� 0 a I u') — ACTION DAY 13560 SARATOGA- SUNNYVALE RD. 14081867-45 15 ACTION DAY AND PRIMARY PLUS ACTICN ;A1' 1 I - RUNFPIT) .F INFANT CENTER SAN JOSE .ICTION DAY Ya5 LINCOLN AVE :08 ..:,:6.6952 r- 0 0 0 r-� ACTION DAY NURSERIES, INC. Enrichment through a happy, healthy and creative environment for children 2 -12 to 5 years ... Lincoln School 2148 Lincoln Avenue San Jose, California 95125 266 -8952 ... Pruneridge School 2001 Pruneridge Avenue Santa Clara, California 95050 244 -2909 -Moorpark School 3030 Moorpark Avenue San Jose, Calfmomia 95128 247 -6972 ... University School 13560 Saratoga - Sunnyvale Road Saratoga, California 95070 867 -4515 PRIMARY PLUS. . - . private elementary education ...Amber Drive Elementary School and extended day care for kindergarten through eighth grade 3500 Amber Drive San Jose, California 95117 248 -2464 ...Infant Center Children 6 months to 2 -1/2 years 3030 Moorpark Avenue San Jose, California 95128 247 -6972 ...Cooper School Infants through ten years old 333 Eunice Avenue Mountain View, California 94040 (415)967 -3780 ... El Quito School Private classes preschool through eighth. Extended day care for school age children. Infant program. 18750 Bucknall Road Saratoga, California 95070 370 -0357 WEST VALLEY MIDDLE SCHOOL Private classes 5th - 71h grades 3500 Amber Drive San Jose, California 95117 248 -2464 D,�TE: . �ubrn��'e� � Vic• A September 10, 1988 TO: Saratoga Planning Commission FROM: McAuliffe (formerly Hansen) School Area Residents RE: Response to Permit Application for Primary Plus at McAuliffe School, and Alternate Traffic Handling ProFosals - West Driveway and Melinda Circle I have read and concur with the accompanying position memorandum on the above topic. Accordingly, I urge you to reject the alternate traffic handling proposals for the Primary Plus facility including a new driveway west of the play field and /or the opening of a driveway on Melinda Circle. I further request that the Primary Plus application be denied altogether in order (1) to eliminate the undesirable traffic, noise, safety, and property impact of such a day care facility and (2) to preserve the use of the McAuliffe school campus for neighborhood school use to serve the growing area needs which cannot be sustained by the already overloaded Blue Hills campus. : Si ned �W- (� ` Signed: Date: � gO Name (print ):___ Address: I ' 1 CLt1\j'(9AT c4ecLE -=5h+ - � I- ------------------------- Signed• Date: � Name ----- - --------------- - -- Address: �`c� - \� _ �.aNDA_ C�i�C���S TC).(VT ,�} Mc Auliffe School Campus Use September 10, 1988 Primary Plus Use Permit and Alternate Traffic Handling Proposals Page 1 mm INTRODUCTION This memorandum is provided in response to the written notice of the September 14 Saratoga Planning Commission. The particular issues before the Commission are the application for a use permit at McAuliffe School by Primary Plus and certain traffic handling alternatives to deal with concerns about undue traffic and noise impacts on Titus Avenue, the only road serving the campus. This response is provided in detail per the recommendation of Yuchuek Hsia, Planning Director, as stated in the notice for the Commission meeting: "If you challenge the subject applications in court; you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission /Site Review Committee at, or prior to the public hearing." The memorandum covers the following topics: I. Endorsement of McAuliffe School Re- Opening II. Arguments Against a West Driveway III. Arguments Against a Melinda Circle Driveway IV. Conclusions and Long -Term School Uses I ENDORSEMENT OF THE McAULIFFE SCHOOL RE- OPENING We are pleased and encouraged to see the formerly closed Hansen school site re- opened. It has been exciting to watch the recent re- furbishment work and to hear the sounds of school children again on the campus. We want to assure that the negative impacts that would be caused by approval of the Primary Plus application are avoided. However, do not interpret this position as negative toward the school or, the school district in general. We wish to make it clear at the outset that in no way are we opposed to having children back in the school, or to having a school campus in our neighborhood. On the contrary, we are quite "pro- school" and hope to see the campus not only re- opened, but ultimately fully utilized as a neighborhood school. c ►. . I &MIXeyal . KI dLsu One alternative to partially relieve Titus of the traffic impact of the Primary Plus facility is to build a two-way driveway directly off of Prospect Road along the west side of the play field and behind the bordering Kristy Lane residences. We oppose this proposal for the following reasons: Mc Auliffe School Campus Use September 10, 1988 Primary Plus Use Permit and Alternate Traffic Handling Proposals Pag�ffl 0 0 6 0 A. Safety The proposal would cause unsafe conditions for: 1. Walking McAuliffe School children 2. Walking and biking Lynbrook High School children (bike lane) 3. Prospect Avenue commuters 4. Local area residents/ drivers (Prospect, Kristy, Eric, etc.) These and related issues are dealt with in great detail in the traffic handling investigation report completed by Gay L. Pang, C.E., T.E. of Pang and Associates, Civil and Transportation Consultants, dated August 30, 1988. We wish only to underscore and emphasize the findings of that report: "With an inadequate sight distance, and an inadequate weaving distance along Prospect Road, plus a 36 stall parking lot, the proposed driveway is expected to create additional vehicular hazards. Thus, it is suggested that the Prospect Road driveway be removed from consideration as a possible alternative access to serve the Primary Plus Day Care at the Hansen (McAuliffe) School Site." B Preservation of the Existing Line of Trees Please reject any consideration for a driveway, or any other alternative, that would require total or partial removal of the over 30 existing mature trees bordering the west side of the school field. 1. Noise and Sight Screen from Prospect - The trees provide the primary noise and sight protection to the Kristy Lane residents from the heavy traffic along Prospect Road. Prospect is a major thoroughfare with constant traffic from very early morning to very late at night. Removal of the trees would cause a severe noise and sight impact on the residents and undoubtedly affect housing values. 2. Beauty - The trees are numerous, varied, and mature. Their beauty is appreciated not only by the immediately bordering Kristy residents, but by the whole neighborhood. Their destruction, especially for an unsafe and ineffective driveway, would be a terrible loss and certain mistake. Based on all the considerations described in this memorandum, but particularly in the regard to removal of the trees, we would request the professional preparation of an Environmental Impact Report prior to any such action being approved. There is presently no open auto access to the play field and playground areas. This affords a certain privacy and protection to the homes on Kristy Lane. Creation of a driveway immediately behind these homes would establish, quick Mc Auliffe School Campus Use September 10, 1988 Primary Plus Use Permit and Alternate Traffic Handling Proposals Page 3 1111 and easy access to these residences directly from Prospect reducing privacy and posing a significantly raised risk of theft. Since Primary Plus will operate on an extended day schedule (6:30 to 6:30), rather than a regular school day schedule, this driveway will be active all day long with all of its negative effects on the area residents. D Play Field and P1aXMund Impact The proposed driveway would shrink the existing field such that it would no longer support a regulation soccer field. This not only affects the school campus by reducing precious field area, but adversely affects the local soccer organizations that use the fields (CYSA and AYSO). The baseball diamonds could also be jeopardized. (ref. Pang report) The proposal further requires a 36 stall parking area to allow day care parents to park while walking or carrying their children to Primary Plus. This lot would necessarily reduce the playground area, further reducing the quality and usefulness of the campus for its intended purpose - a school. v The proposal apparently requires that parents park and walk or carry their children across the play ground in order to check their child in /out of Primary Plus. How well will these parents be served by this driveway when it is raining? How will the walkways accommodate the parents throughout the day when school children are using the playgrounds? Who will want to use this access driveway, even in good weather, when they have to carry a child and a diaper bag 50 yards in and out every day? To solve this problem would require extension of the driveway to the far end of the west border nearer the school entrance. This is virtually impossible as it would interfere directly with the student rooms on the west side of the building, would require relocation of the PG &E transformer facility, and would demand removal of the trees. F East Driveway - Not a Viable Solution Either Any consideration to build a Prospect Road driveway on the east side of the play fields, along Titus Avenue, should be rejected as well. Many of the considerations listed above apply equally for an east driveway, especially the safety concerns which must be first and foremost. Mc Auliffe School Campus Use September 10, 1988 Primary Plus Use Permit and Alternate Traffic Handling Proposals Page 4 000062 III ARGUMENTS AGAINST A MELINDA CIRCLE DRIVEWAY Apparently, an additional consideration to distribute the traffic load caused by Primary Plus is to build an auto driveway off of Melinda Circle. This proposal is also considered unacceptable for the following reasons: A. Safety The Melinda Circle access to the campus is the only non - automobile access point of entry to the school. It is also the only entry for all the neighborhoods west of Titus Avenue served by the McAuliffe site. Melinda Circle is a curved road which creates a blind sight line for drivers in either direction, raising the risk to walking and biking children. Long -time area residents recall this design as quite intentional as a protection for the children walking and riding to the school from the surrounding residential streets. There is no access directly off of Prospect. Schools access is only off of Titus (walking and auto) and Melinda (walking or bike only). Installation of a driveway on Melinda would remove the only access point safely reserved just for the school children themselves. B. Residential Traffic Increa The overwhelming majority of drivers to the school will route back to Prospect Road. Miller Avenue is best suited to this traffic, but it is winding with multiple stops, and so will be avoided by rushing commuters. These drivers will load up onto Kristy Lane to access Prospect eastbound, or route from Kristy to Eric Drive to access the Miller /Prospect light to head west or north. The additional traffic on Eric will have a residual effect on Candy Lane and Ingrid Court which are fed by Eric. These residential streets were never intended as a major access for the clientele of a commercial enterprise. The noise, traffic and safety impacts are unacceptable and define cause for rejection of opening the Melinda Circle access with a driveway. IV CONCLUSIONS AND LONG -TERM SCHOOL USES gym, lo =3 The various proposals to re- distribute the increased traffic on Titus Avenue caused by a Primary Plus facility are all unacceptable. The previously stated concerns by Titus area residents indicate the rejection of unduly loading Titus Avenue alone. Mc Auliffe School Campus Use September 10, 1988 Primary Plus Use Permit and Alternate Traffic Handling Proposals Page 5 000063 Clearly the solution is not to be found in schemes to re- distribute the traffic, but is only to be found in reducing the traffic to an acceptable level along the existing Titus access. The traffic can be reduced only if the Primary Plus application is rejected altogether and the school site is used as a school, not a commercial day care facility. The same position holds for any other school use proposals which will have similar traffic impacts. B Develop McAuliffe as a Neighborhood School Beyond the traffic problems, the rejection of the Primary Plus facility is warranted for another, and ultimately more compelling, reason - the need to reserve the use of the McAuliffe campus as a neighborhood school. The residential area near the McAuliffe campus in the Cupertino Union School District is primarily served now by the Blue Hills School campus. This campus is smaller than McAuliffe and is already over burdened. Blue Hills is using four portable classroom units for the 1988/89 school year - doubled from just last year. The local neighborhoods are turning over rapidly to new young families, and the pre - school children of current "baby- boomer" residents are coming of school age in increasing numbers. Along Kristy Lane alone in the last four months, four homes have changed ownership bringing in a netadditional nine pre - school and grade school age children and two high schoolers to attend local schools. The Blue Hills Kindergarten has grown from 52 in the 1986/86 year to 66 plus a waiting list this year. It appears that the local area will not be served with adequate grade school capacity by Blue Hills in the very near future. If Primary Plus is granted a use permit, they will have to make significant capital improvements required by and unique to a day care facility. Telephone discussions with Carole Freitas, owner and president of Primary Plus, indicate that Primary Plus will not proceed based solely on a short -term (6 month) provisionary permit due to the risk to their investment.* Primary Plus is a non - profit, commercial operation - a business. A business with staff to pay and customers to satisfy. They must certainly intend to open a new facility only with the expectation of successfully running that facility for years. Their clientele also will represent a constituency that will be hard pressed to leave the facility. If Primary Plus opens at McAuliffe School, they will want to stay at McAuliffe School. But, in the very near -term, the area residents will need the McAuliffe facilities to serve as a neighborhood school - not a rented commercial enterprise. Mc Auliffe School Campus Use September 10, 1988 Primary Plus Use Permit and Alternate Traffic Handling Proposals Page 6 000064 We urge rejection of the Primary Plus application not only due to unacceptable traffic, safety, and noise, but as an act of prudent planning on behalf of the nearby citizens of the City of Saratoga within the Cupertino Union School District. Even if we could afford to let Primary Plus on campus at McAuliffe this year, we can't the next year or soon thereafter when the campus will be needed for the neighborhoods. We further urge the Planning Commission and City Council of Saratoga to recommend to the Cupertino Union Schools that they perform an updated analysis of the McAuliffe School and Blue Hills School area demographics. These studies should ascertain the near and long -term needs for our neighborhood school facilities prior to permitting any other enterprise to become entrenched on our local campuses. This consideration applies also to the potential use of the McAuliffe campus solely for Cupertino Alternative Programs. Such use would both preclude McAuliffe from serving as a neighborhood school and cause excessive traffic since the - Alternative Program students, like Primary Plus day care children, are typically driven to school. Saratoga has a long tradition of neighborhood schooling. It is exciting to all of us that the population of families with children has grown sufficiently to warrant re- opening the school. We must not broker away a precious school campus. We have all waited nearly a decade for McAuliffe to re -open, let's not cut its time short just as it's coming back to life. * We in no way intend to represent the opinions of Carole Freitas or Primary Plus. This reference is included to confirm the common sense interpretation that Primary Plus' intent regarding a McAuliffe operation is long -term, not short -term, in nature. Please contact Primary Plus directly regarding any questions on their policies, positions, or operations. Mc Auliffe School Campus Use Primary Plus Use Permit and Alternate Traffic Handling Proposals September 10, 1988 Page 7 000065 le o -F / O _�,ar�ttoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 Re Use Permit - Primary Plus Laura B. Hansen School ladies & Gentlemen As a resident in the immediate neighborhood of the Laura B. -Hansen School, I would like you to be informed that I am against the proposal by the Cupertino School District to lease space in this school to Primary Plus for use as a day care center. I am extremely concerned about the adverse safety and environmental effects that the increased traffic and noise on Titus Avenue, already an overstressed street, will have on me and my family. I urge you to reject the application for a use permit, on any basis. S incerely, Resident Property Address I -511Lo n o 19 Z Z 5" -%� , /610 5�S Ttvs x1Je �i� >"�G•� 12-9-10 T 7'41-' ,41- c �Ao- 47 ,OZ A f 0`253� TnuS w— REPORT TO THE PLANNING COMMISSION FROM: Kathryn Caldwell DATE: September 14, 1988 PLNG. DIR. APPRV APPLICATION NO. & LOCATION: UP -88 -0101 12211 Titus Ave. APPLICANT /OWNER: Cupertino Union School District/ Primary Plus APN: 386 -28 -001 Q N 1 T7M 1� (2) (i) (4) (5) 12oz2 IZ050 12obo 12070 Iz0e0 12090 41 ;816.05 X86-05 (1 386.03 386•oi 386-05 - 54 53 52 51 4-) ( 7 � �, 1 2100 4-0 86'c5 446 IZO55;,) )2054 12041 12 5) 12073 IZO� 1Z110 ' 44 s>ac. 2> -47 3646+ -z8- 3WO5-S5 3� -� 306-05 ; ]9 S." 3 U. 28 -o1 4(0) �' 47 11 12069 IZo70 12068 12115 • 12120 4 3Qiri7_98 3eL-28- 38605'66 C17) 86-06- _, -05 12087 12088 12110 (116) 66'05 12131 �'1 Ic 366-Z7 -49 J 381r05-BS 12139 -05-4! 37 37 3 4v) (4 b) 386fl'S- 1 12l0►� 1Z10(6 IZ132 6 W 1- W 12140 } 12143 W) Cl 5) 3af.44 .3 41) (2121 ~ 12122') 121517• 12147 12151 I !7- 3234-a -x 0 aye- 3$6 D5 -$3 63 {,-os. 3"-&S a 12150 3 6'{ GS N 6605+(_ .2 � 50 1216 Y )2130 / 3£IG -271• teG; i. ' 121 07) (16D (15) 121(00 Q z I Z I L 9 I Z I (07 I Z 16 y. 3ib -45-42 12(49 (69 CI e -� L I Z N Q B 67 K 121 T01 (6�) 386 - zg- 31015- 3 ".05 69 ^ T .� 86 -05 -41 �i 33 V 1zl) 1218o G. IzlLI IizZ 12. 164' 386-27-54 ' 12173 !, (2181 0 386.05 -44 E gZ �"' 386 5- W 05 -70 CTo) 38605- ``�► C81) 121A4 12239 12177 72 12190 1 NDa �+�� 1z1>i7 se6 -Zg- za6•ze -oz 1— ate. -Ob i166 -05-),4 C7z (7() (70) 3aG -28- 12250 71 1221) clu .4p 19404 2 C83) 166 -OS 79 Z8- 4686-04- 14,382 113'60 Cg 122016 3E6-05 12206 3 So ]A6rea ?8 12409 36ida- 12255 73 386-05 31 32 386-26-43 (r/ (� C251 C24) 12 210 3aG -28-22 19 (z3) 1. 7 ' (7(6) (77) C7 (��) �) 12446412281 2271 IZ2(61 IZ231 384 -06- 8 11377 1' Ju 986.06 86-C6 284.05 -al- 37 316.2 193 19349 19331 12221 12228 I7L3 70 77 7C. �g 7 27 31 Z(.a J86. 6 ..Za- 9ir<?8- W ��g �i6- 46110+1 , v 12220 2S 4 Cs M ELI N D A C1 R v 12240 ' z z 5 7 4) (2) C>> ' C4) Cs) Clio C Is`-os G � tb -Z8 � 1$6.2$•0 00006'7 X_)P- � -ctrl zz PLANNER'S WORKSHEET Trails and pathways map checked ✓ Vicinity/locator m y/ ap included Dimensions shown on plot plan 7Adjacent structures Directional arrow gees labelled Plans reflect field conditions JAHeights shown on cross sections N Ar r7 0 Consistency between elevations, cross sections & floor plans 1& Natural and finished grade on cross sections Height of underfloor & attic areas included in floor area calculations N�Roof pitch shown All sheets included in submittal with required reductions Colors submitted Staff Reports t Conditions from other agencies /department correct Consistent figures throughout report History files examined —7correct address & application number on all o a es of the report prt Description consistent with advertisement Plans labelled —7 Order of attachment consistent with list _All attachments included Typographical errors corrected ✓ 7 Dates on the resolutions correct _applicant notified of recommendation Applicant notified that staff report available Fri. A:checklist 3 -4:00 p.m. ::, 1111.: File No. UP -88 -010 EXECUTIVE SUMMARY CASE HISTORY• Application filed: 4/23/88 Application complete: 5/23/88 Notice published: 8/31/88 Mailing completed: 9/1/88 Posting completed: 8/25/88 PROJECT DESCRIPTION: Cupertino Union School District and Primary Plus, are requesting use permit approval of plans to operate a child care program for up to 175 preschool and school age children at the former Hansen School site. PROJECT DISCUSSION: At the direction of the Planning Commission, the project was continued from the adjourned meeting of 8/16/88 in order to examine the feasibility of a secondary vehicular access off Prospect Road. The proposal has been readvertised so that the neighbors would be informed of the possible revision to the access. The plan submitted (B) is in conflict with existing public improvements, traffic improvements along Prospect Road and the turf area used as a playground. However, each of these issues can be resolved. STAFF RECOMMENDATION: If the Planning Commission wishes to approve the project a resolution is attached. Plan B is the revised site plan and plan A is the original site plan submitted. ATTACHMENTS: 1. Staff Analysis 2. Negative Declaration 3. Resolution UP -88 -010 4. Letter from Mr. Pang, Traffic Engineer 5. Correspondence 6. Staff report to Planning Commission dated 8/10/88 7. Revised site plan, Exhibit B 8. Original site plan, Exhibit A KC /kah 1 000069 RES -ND Saratoga File No.UP -88 -010 DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Child care services for up to 175 preschool and school age children at the Hansen school site, located at 12211 Titus Avenue. NAME AND ADDRESS OF APPLICANT REASON FOR NEGATIVE DECLARATION Cupertino Union School District/ Primary Plus 10301 Vista Drive Cupertino, CA. 95014 The proposal is similar to the site's previous educational use, is consistent with the General Plan and will not have any adverse impacts. Executed at Saratoga, California this day of DIRECTOR OF PLANNING 198 . DIRECT/OR'S AU/T�HORIZED STAFF MEMBER 1 00070 UP -88 -010, 12211 Titus Avenue Analysis /Background The problem identified by the Planning Commission was essentially one of circulation. The neighbors on Titus Avenue wanted the traffic impact to be spread throughout the neighborhood and suggested access onto Melinda Circle or Prospect Road. The Planning Commission declined the access onto Melinda Circle and directed the applicant to examine access onto Prospect. Enclosed in the Commissioner's packet is the proposed layout showing the ingress - egress off Prospect Road. Staff comments on the proposed plans are as follows: 1. The location of the access, in close proximity to the bus pad and mail box, is hazardous. However, these can be relocated through cooperation with the Transit District and Postal Services. 2. The proposed parking lot eliminates a significant portion of the existing turf area and would prohibit the continued use of the school grounds as a soccer field. The parking lot could be moved further south on the site, closer to the school. 3. Construction of the access and parking lot off Prospect Road would not ensure its use. Parents will use the most convenient lot available for their needs. Therefore, the major entrance to Primary Plus should be relocated to the northern part of the school,, close to the parking lot. 4. The traffic engineer for the project points out that adequate site distance on Prospect Road requires a 300 ft. distance between Kristy Lane and Titus Avenue. Only 187 feet is proposed. In addition, the weaving distance between the proposed access and Titus is 422 ft. where 600 feet is needed. However, if Prospect Road was posted 25 MPH school zone, the site distance requirement would be less. OPTIONS• The Planning Commission has at least three options with regard to parking and circulation. 1. Approve Exhibit A - parking in the current lot with access to Titus as it exists. The Engineering Department will take counts to assess the traffic condition on Titus within 3 -4 weeks after Primary Plus begins. 2. Approve Exhibit B - access and parking will be off Prospect Road. 3. Require an amendment to Exhibit B to establish the lot further south, within the "surfaced play area." The turf area will remain largely in tact. 2 UP -88 -010, 12211 Titus Avenue RECOMMENDTION• Establish the desirable access to the facility and approve the conditional use permit by adopting Resolution UP -88 -010. The proposal is consistent with the General Plan and with the Council policy regarding alternative uses for school sites. The Primary Plus proposal will be for 175 students (reduced from 350). 3 000072 RECEIVED PAN & ASSOCiATES � �u� � CIVIL AND TRANSPORTATION CONSULTANTS PLANNING DEPT_ CAY LAWRENCE PANG. C.EJE. 8835 August 30, 1988 Ms. Sonja Shurr CUPERTINO UNION SCHOOL DISTRICT 10301 Vista Drive Cupertino, CA 95014 Re: Hansen School City of Saratoga Dear Ms. Shurr: At the request of the City of Saratoga's Planning Commission on August 16, 1988, we have investigated a possible access opening off of Prospect Road at the Hansen School site. The intent of the proposed access is to serve only the Primary Plus Day Care automobile traffic. The remaining vehicular traffic -for the Alternative School will be accommodated by the existing two driveways and parking lot on Titus Avenue. Our investigation included a site visit, a review of existing "as- built" improvement plans, and a meeting with the City's Public Works and Planning Staff members. The centerline of the 24 foot driveway access opening is proposed at about 44 feet easterly of the west school property line, or 187 feet easterly from the centerline of Kristy Lane, a two lane residential street. The 44 feet consists of a 25 feet setback from the property line to avoid the existing trees, plus a 5 foot sidewalk, a 2 foot shy -away for a fence and a 12 foot inbound travel lane. To the east of the centerline is another 14 feet consisting of a 12 foot outbound travel lane and a 2 foot shy -away. The distance from the centerline of the proposed driveway to the centerline of Titus Avenue is about 452 feet. The proposed driveway will operate only with right turns in and out from Prospect Road Currently, Prospect Road operates with four thru travel lanes (2 lanes in each direction) with a striped double yellow "median" on the pavement within a 100 foot curb to curb width and 120 foot right of way. A bus stop with a concrete pad as well as a mail box also are located in the vicinity of the proposed PO Box 4255 driveway on the south side of Prospect Road. MOUNTAIN VIEW CA 94040 The current 85th percentile speed per the City's Public Works Department is about 44 miles per hour on Prospect Road. The accident history near the Titus Avenue / Prospect Road intersection was obtained from the City's Public Works (415) 948 -1030 Department. During the last five years, only two accidents �0 ®0'73 were recorded, one in February 1985 for speeding with only property damage, and the other in February 1988 for an illegal U -turn from the thru lane. Several issues are considered relevant at the proposed driveway on to Prospect Road. They are: 1. volumes and turning movement conflicts; 2. sight distance; 3. weaving distance; 4. driveway cross - section width and turn around radii; 5. parking demand; 6. miscellaneous e.g. existing trees and soccer field dimensions. VOLUMES and TURNING MOVEMENT CONFLICTS Assuming that the Primary Plus Day Care will have 175 children for the "realistic condition" after five years in operation, 63 vehicles are expected to enter and 63 vehicles are to exit from the proposed driveway on Prospect Road during the AM peak period. The 63 inbound vehicles consist of 47 vehicles along Prospect Road from the west and another 16 vehicles along Prospect Road from the east. These 16 vehicles must negotiate a U -Turn at Miller Avenue, a distance of approximately 1138 feet westerly from the centerline of the proposed driveway. Of the 47 vehicles along Prospect Road from the west, 35 are expected to make a U -turn at the Titus Avenue / Prospect Road intersection, with the remaining 12 vehicles traveling south on Titus Avenue. These 35 vehicles must cross two lanes of traffic within 422 (452 -30) feet the distance to a STOP bar or crosswalk on Propect Road. In addition, the existing bus stop and mail box on the south side of Prospect Road may require relocation to minimize vehicular conflicts. This relocation will require a new bus stop concrete pad and coordination with the Santa Clara County Transportation Agency for the bus stop relocation, and coordination with U.S. Postal Service for a new mail box drop. Thus, the proposed driveway on Prospect Road creates additional vehicular conflicts of the new traffic with existing traffic, and increases U -turn movements at Miller Avenue and Titus Avenue. PANCj & Asso iy Es CIVIL AND TRANS.DRTATIDN CONSULTANT$ 0000'74 SIGHT DISTANCE The CalTrans Highway Design Manual recommends the following stopping sight distance (1) standards for various design speeds: Minimum Design Speed (mph) Stopping Sight Distance (ft.) 25 150 30 200 35 250 40 300 45 360 The 'distance between Kristy Lane and Titus Avenue is approximately 639 feet or about an average City or urban block length. The distance between Kristy Lane and the proposed driveway is 187 feet. The speed should be reduced to below 30 mph from about the existing 44 mph (40 mph posted speed limit) to meet minimum sight distance requirements. The proposed driveway location does not meet the CalTrans Highway Design criteria for sight distance at current vehicular speeds. Only at the "school speed limit" of 25 mph would the stopping sight distance requirement be satisfied. (1) Stopping sight distance is measured from the driver's eyes, which are assumed to be 3.5 feet above the pavement surface, to an object 0.5 foot high on the road. PAN _& ASSOCIATES CIVIL ANO TRANSPORTATION CONSULTANTS 000075 WEAVING DISTANCE The weaving distance for vehicles exiting the proposed driveway and the STOP bar or crosswalk at Titus Avenue is about 422 feet. The existing AM peak hour volume on Prospect Road in the eastbound direction is 631. With the 63 exiting vehicles of which 35 are expected to negotiate a U -turn at Titus Avenue, the total potential weaving volume is 694. The CalTrans design curve for collector weaving sections with a 40 mph speed would approximate a need for about 600 feet to meet the minimum weaving criteria across one lane of traffic. Therefore, the minimum weaving distance of 600 feet is not satisfied since there is only 422 feet available. DRIVEWAY CROSS- SECTION AND TURN - AROUND RADII The minimum pavement cross - sectional width is two - 12 foot travel lanes. In addition, a 5 -foot sidewalk plus room for fencing on both sides is desirable. To accommodate the vehicular turn - around, a 32 foot outside radii is desirable to meet the City of Saratoga's requirements. To date, the on -side driveway has not been engineered. However, if the driveway is constructed at a location off of Prospect Road, the City of Saratoga's minimum criteria must be satisfied. (Refer to revised site plan). PARKING - DEMAND At the end of the driveway, temporary parking should be supplied to accommodate the needs of the Primary Plus Day Care center. Because a child must be delivered to the classroom, a parent must park the vehicle and walk the child inside the building. Current estimates by Primary Plus indicate a need for a minimum of 35 spaces during the peak hour. The revised site plan shows 36 parking stalls. MISCELLANEOUS Other items of concern are the existing trees along the west property line which currently shields the Kristy Lane residents from the ball fields, and the utilization of the ball fields. PANG &A SSO _iAT S CIVIL AMO TRANSPORTATION CO..U,T..TS 0000'76 The existing trees are to remain with the proposed centerline of the driveway located about 44 feet easterly of the west property line. However, the revised site plan shows the encroachment upon the soccer fields and baseball fields. Current utilization of the fields are as follows: 1. California Youth Soccer Association (CYSA) August to January 3:30 to 7PM, Mondays to Fridays; Saturdays - all day 2. American Youth Soccer September to December 3:30 to 7 PM, Mondays Saturdays - all day 3. Bobby Sox - softball March to June 4 to 8 PM Mondays to Saturdays - all day. Organization (AYSO) to Fridays; Fridays; Thus, the baseball diamonds and the soccer fields would require relocation of some of the baseball equipment. Additionally, an appropriate field size would not remain available for soccer. Our investigation of the proposed driveway at Propect Road to serve the Primary Plus Day Care facility has focused on the traffic engineering issues. With an inadequate sight distance, and an inadequate weaving distance along Prospect Road, plus a 36 stall parking lot, the proposed driveway is expected to create additional vehicular hazards. Thus, it is suggested that the Prospect Road driveway be removed from consideration as a possible alternative access to serve the Primary Plus Day Care at the Hansen School site. Very Truly Yours, Gay Lawrence Pang Enclosure : Site Plan by Cupertino Union School District PANG & ASSOCIATES CIVIL AND TRANSPORTATION CONSULTANT$ 000077 Fo a 0.6 rb C x v c u u d ' - - -- - -- Tj 406 q I' L---- - - - --- -- t t � t• I I � t I ti• , in 7,411 IT7 jam. �i � ��.AN (��� � • �' 2� 0."::•i.. X11 •W '-�'� � •�i. � •) � � i xr.Ww.: �rii -- '► ms's F.{ � _ �- �— �►._ - -.. ' ��VbAr- �.. _ i sc t. w 9 000078 Saratoga Planning (bmmission 13777 Fruitvale Avenue Saratoga, CA 95070 Re Use Permit - Primary Plus Laura B. Hansen School Ladies & Gentlemen As a resident in the imnediate neighborhood of the Laura B. Hansen School, I would like you to be informed that I am against the proposal by the Cupertino School District to lease space in this school to Primary Plus for use as a day care center. I am extremely concerned about the adverse safety and environmental effects that the increased traffic and noise on Titus Avenue, already an overstressed street, will have on me and my family. I urge you to reject the application for a use permit, on any basis. Sincerely 1tix�/ " • -)�/ a-,(- a (--_ "2csk QuC Home Addr�s f /9cfE Date 000079 ANDREW M. =COGARD 12022 TITUS AVE UE SA RATOGA , CA. 95070 SEPTEMBER 2, 1988 CITY OF SARATC(;A_ PLANNING COMMISSION 13777 `'RUITVALE AVENUE SARATOGA, CA, 95070 Dear Commission Members, Regretfully jfy wife and I may be unable to attend the public hearing on Wednesday, Deutember 14, 1988 pertaining to the Cupertino Union School District Primary Plus uermit, due to committments out of the area. We would therefor like you to #,onsider additional, pertinent .facts which EhDuld have significant bearing on your decision, 1, When Hansen School opens in September many parents in the Brookview / Prides Crossing area are likely to transfer their child- ren from Blue Hills School to Hansen to avoid bussing. No doubt parent6 livings within a block or two from Hansen will find this a convenient option even though the child will be enrolled in the al- ternative program, which is really not all that different. I can envision as many as 50 or more students enrolling. 2, The Seven Springs Development when completed, will consist of some 500 new homes. Presently these students are housed at the two nearest schools, Blue Hills and Reganrt. Both of these schools are at near capacity now and I can foresee the need to utilize Hansen School for students from this development, which should be completed within the next year, 3. We are in favor of a Day Care Center at Hansen School which would be similar to those found in other K -6 schools in this district. A center which serves the immediate attendance area only. 4. We strongly feel that a neighborhood school should not be used by Private Enterprise, Hansen School should be'used._for the'de- velopment and growth of sUdents from the Cupertino School District attendance area and not from all of Santa Clara County, We thank you for your time and attention and sincerely hope that you will give serious consideration to the to the above issues and reflect on them before making your decision. :1EGEIVED Sincerely, SEP a 4 158n p► ANNING DEPT REPORT TO THE PLANNING COMMISSION FROM: Kathryn Caldwell DATE: August 10:,; 1988 PLNG. DIR. APPRV. APPLICATION NO. & LOCATION: UP-88-010, 12 211 Titus Avenue APPLICANT/OWNER: Cupertino Unified School District /Primary Plus APN: 386 -28 -001 Q N 4i iV ( I) 12016 9197 04379 386-z8- 44•s7 384-r7' 41 / C,s ai 12038 �� • 366 z8- ¢D 3i, C3l) C45 12055 12054 14 386-27 -47 386-28- 39 386 -28 -OI Ir 4(o) 12 ob°1 12 o7o 4 j86 Z]'18 38(.-28- 9 12 08 7 z 12088 384-27-49 J 366 -28- 37 4v) (4 B) 12(05 12106 �_ 3B. P7� • '66-28- 1 } 3b 12121 1 2122 t7- 386 -27Ls1 06-28- � so 121 y[ !2/30 / 39L-271- 1214 ,,,(c9 9 41 %," V -6� � 9419 Izlbl 3 9 386-27-54 cc cel �A G, 12187) 386 -28- n&-z6-oz C72 (70 (70) 386-28- .b as- 174o4 193b2 2 19360 (e C89J 12206 f 2255 5 aeb -ze- 50 398 ag6 z8 12209 386 -28- 38(2-28 -ca 31 .32 366-28-22 19 (77) �7 (7aj) 64) 3µ.e 19l� 19959 19931 12211 12226 15 IZL? ?' X86 -z6- z� ec�2s- 3"-28- W �46B 386 -4&-04 2L (B V. �� m ;. MELINDA CIRG Iz :4o 1LSg7 ii�w;itii a r ri:. - - -. -- - -. ie.. 6 -74- J" -28-of C6) 12090 WC>5 - ql) ( 7 12100 1 [.110 M to 12130 366-o5y= 121100 � 810-05 -41 X12' 1218 386 -06-44 12190 386-05-3". lo, 12 200 386 -,6 -3J 12210 3" -06- 37 12LZQ 86.06 C 7) 000081 File No. (IP-'o(� PLANNER'S WORKSHEET ✓ Trails and pathways map checked ✓ Vicinity /locator map included Dimensions shown on plot plan Adjacent structures 7Directional arrow Lt�rrees labelled /Plans reflect field conditions NIAHeights shown on cross sections N14 Consistency between elevations, cross sections & floor plans (46-Natural and finished grade on cross sections N Height of underfloor & attic areas included in floor area calculations ' A Roof pitch shown All sheets included in submittal with required reductions KIA Colors submitted Staff Reports Conditions from other agencies /department correct Consistent figures throughout report -7 History files examined Correct address & application number on all pages of the report 7 escription consistent with advertisement Plans labelled _70rder of attachment consistent with list 7 11 attachments included Typographical errors corrected Dates on the resolutions correct y pplicant notified of recommendation ::; Applicant notified that staff report available Fri. 3 -4:00 p.m. A:checklist 000082 6/88 File No. UP -88 -010 EXECUTIVE SUMMARY CASE HISTORY• Application filed: 4/28/88 Application complete: 5/23/88 Notice published: 6/29/88 Mailing completed: 6/30/88 Posting completed: 6/17/88 PROJECT DESCRIPTION: The applicants, Cupertino Unified School District and Primary Plus, are requesting use permit approval of plans to operate a child care program for up to 350 preschool and school age children at the Hansen School site. PROJECT DISCUSSION: The proposal is consistent with the General Plan and adopted City policies. No adverse noise impacts are expected and the project is in compliance with the zoning code. Although the number of vehicle trips per day will be substantial, it will be considerably less than what would be expected if the school was operating at full capacity based on the two trips per student standard. STAFF RECOMMENDATION: Approve the application by adopting the Negative Declaration and Resolution UP -88 -010. ATTACHMENTS: 1. Staff Analysis 2. Negative Declaration 3. Resolution UP -88 -010 4. Initial Study (including traffic report) 5. Exhibit B, Project Description 6. Exhibit A, Plans BC /kah B:K2 1 000083 UP -88 -010; 12211 Titus Avenue STAFF ANALYSIS ZONING: R- 1- 10,000 GENERAL PLAN DESIGNATION: QPF - (Quasi Public Facilities) PARCEL SIZE: 10 acres PROJECT DESCRIPTION /BACKGROUND: The applicants wish to re -open Hansen School and operate a kindergarten through sixth grade educational alternative program, offered by the Cupertino Unified School District, and an infant /toddler preschool, a sick child center, and extended day care for school children operated by Primary Plus, a non - profit corporation. According to the applicants, a maximum of 350 "students" will be enrolled in the Primary Plus program, which will be open between the hours of 6:00 a.m. and 6:30 p.m. on weekdays only. Approximately 50% of its student population will be preschool age children enrolled in its extended day care program. It is expected that enrollment will be gradual (i.e 75 students in the first year) with the maximum enrollment being reached in 2 -3 years. Based on data from the existing Primary Plus operation in Saratoga, at Bucknall and Paseo Presada, it is expected that the preschool age children will be dropped -off and picked -up by their parents. In the morning, delivery times will be between 6:30 -9:00 a.m., with kids being picked up between 4:00 -6:00 p.m. Most of the extended day care students, on the other hand, will arrive in the afternoon on buses provided by Primary Plus, and be picked up by their parents between 4:00 -6:00 p.m. Finally, Primary Plus has proposed a maximum of three evening "festivals" during the school year. The school district's enrollment will be 200 students and operate between the hours of 8:00 a.m. and 4:00 p.m. It is expected that most of these students will be driven to and from school by their parents.. It is not known how many children will use public transportation, walk or car pool. A full description of the proposal is provided in Exhibit B. Note: School districts in California are distinct governmental agencies, separate from the governments of the cities and counties in which they operate. As such, the California Government Code grants certain autonomy to school districts with respect to the authority a city or county government can exercise over them. School districts must comply with all applicable building and zoning ordinances of the local jurisdiction only when the proposed use of the property is for non - classroom facilities. Therefore, since the "educational alternative program" is being offered by the District as part of their educational system, a use permit for that part of the program is not required. Use permit approval is needed and being requested only for the Primary Plus childcare program. 2 000084 UP -88 -010; 12211 Titus Avenue Analysis 1) General Plan /Zoning Code Compliance - The Hansen School site is located in Planning Area D as identified in the City's General Plan. A specific development guideline for Area D is that "vacated school (or underutilized school sites) interim uses shall not create adverse impacts or excessive noise and shall provide adequate off - street parking." The applicants propose a total school enrollment, for both uses, of 550 students. This figure is approximately 21 percent below the school's capacity i.e. 690 students, and approximately equal to the school's enrollment when it was closed in the late 19701s. Existing parking on -site (53 stalls) is adequate and meets the requirements of City Code Section 15- 35.030, one parking space for each employee including teachers and administrators. According to the applicants, a total of 30 administrators /teachers will be employees for both uses. As such, an extra 23 spaces will be available to visitors and parents. The parking spaces are well marked and- the existing on -site circulation system will allow for easy pick -up and delivery of children. Given that the proposed total enrollment is considerably less than the site's maximum capacity and equal to the enrollment when Hansen School was in full operation during the late 19701s, and adequate parking will be provided, impacts are not expected to be very different than if the school was being used entirely for District activities. 2. Council Policy - In June 1987, the City Council adopted a policy for Alternative Uses for School Sites which states that "only uses which are similar to school uses, in terms of hour of operation, traffic, and overall impacts, be permitted at vacant or underutilized schools." Although Primary Plus' operation is labelled as "child care ", it does provide independent educational programs similar to a public school system. In addition, although Primary Plus has requested longer operational hours than the District's program, this should not create any adverse impacts on surrounding properties. In'fact, since the times when parents will be able to deliver and pick up their children will be spread out over several hours in the morning and evening, and that the extended day care students use transporatation provided by Primary Plus to travel the school in the afternoon the impacts on traffic will be minimized. In addition, car pooling, students walking, using public transportation and less than total enrollment will help minimze traffic impacts. 3. A traffic report was prepared for the project by Pang and Associates. The report analyzed trip generation, circulation and access, and the effect of the project on the intersection at Prospect and Titus. The Engineering /Public Works Department reviewed the report and supports the conclusion that there will be no adverse 3 UP -88 -010; 12211 Titus Avenue impacts on the neighborhood. Prospect Road /Titus intersection will operate at a level of service B; parking circulation is restricted to a counter clockwise parking lot pattern. The report suggests a parking prohibition on both sides of Titus Avenue. The residents on the east side of Titus, however, may prefer to use the curb side parking for guests. Staff recommends that no prohibition against on street parking is necessary at this time, especially since the Planning Commission has the ability to recall the use permit if a problem should arise. RECOMMENDATION: Staff recommends the Planning Commission approve the use permit request to allow child care services for up to 350 students at the Hansen School. The proposed use is consistent with the General Plan, the policies adopted by the City Council for vacant or underutilized school sites, and complies with the zoning code requirements. No adverse impacts on traffic or noise are expected. 4 000086 RES -ND Saratoga File No. UP -88 -010 DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Child care services for up to 350 preschool and school age children at the Hansen School site, located at 12211 Titus Avenue. NAME AND ADDRESS OF APPLICANT Cupertino Unified School District /Primary Plus, 10301 Vista Dr., Cupertino, CA. 95014 REASON FOR NEGATIVE DECLARATION The proposal is similar to the sites' previous educational use and will not have any adverse impacts. Executed at Saratoga, California this 13th day of July, 1988. *,v � !� (z � � IR CTOR'S AUTHORIZED STAFF MEMBER T FILING FEE: $ 711,� GENERAL INFORMATION: FORM EIA -la CITY OF SARATOGA ENVIRONMENTAL IMPACT QUESTIONNAIRE (to be_ completed by appl.i_cant)._....,% DATE: ��f �� FILE NO:(I P--0 -0(0 1. Name and address of developer or project sponsor: Cupertino Union School District 10301 Vista Drive, Cupertino, CA 95014 2. Address of project: 12211 Titus Ave. Saratoga, CA 95070 Assessor's Parcel Number: 2242 Book 386 Page 28 .i. Name, address and telephone number of person to be contacted concerning; this project: Sonjn_Shurr 10301 Vista Drive, Cupertino, CA. 95014 (408) 252 -3000, X370 4. Indicate number of the permit application for the project to which this form pertains: ' S. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: State licensing of child care, use permit from City of Saratoga 6. Existing zoning district: quasi - Public /Underlying R1 7. Proposed use of site (project for which this form is filed): District Educatuonal site /Leased site 8. Site size: 10 acres 9. Square footage: 35,947.00 (buildings) 10. Number of floors of construction: Single Story 11. Amount of off - street parking: 48 spaces 12. Attached plans? Yes XX No 13. Proposed scheduling: SEE ATTACHED 14. Associated projects:. SEE ATTACHED 15. Anticipated incremental development: N/A 16. If residential, include the number of units, schedule of unit ,sizes, range of sale prices or rents, and type of household size expected: N/A 1111:• 17. If commercial, -indicate--the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N /A. 18. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 19. -If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community, j benefits to be derived f.rom•the project: Public School and Day Care Lease, 30 employees, 550 (maximum) children, restoration of public facility to original state C T T (vacant sine iyiy /, neighborhood ennancement 20. If the project involves a variance,.conditional use or rezoning appli- cation, state this and indicate clearly why the application is required: City use permit must be obtained since one half of the site will be leased and the other half will be used as a uepr ino neon chool Ulstrictedu—cational site. Are the following items applicable to the project or its effects ?. Discuss below all items checked yes (attach additional sheets as necessary). YES NO X 21. Change in existing features of any lakes or hills, or sub- stantial alteration of ground contours. X 22. Change in scenic views or vistas.from existing residential areas or public lands or roads. X 23. Change in pattern, scale or character of general area of project. Re -Use of closed site X 24. Significant amounts of solid waste or litter. No - one dumpster X 25. Change in dust, ash, smoke, fumes or odors in vicinity. X 26. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage.patterns. X 27. Substantial change in existing noise or vibration levels in the vicinity. None other than the return of little voices talking and playing on the school grounds, parents driving their chi rei duo and from school. ___ - v y,%W YES NO X 28. Site on filled land or on slope of 10 percent or more. X 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. X 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) . As the. school once again becomes operational vandalism will drop, grounds have been maintained at a minimal since the school's closure, therefore water usage will rise, but not substantially. X 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). X 32. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING: 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing struc- tures on the site, and the use of.the structures. A closed school site that will be r openFid as "HanCPn rhildrpn'c rnm,,nitV roryter, Nothing will be changed on the outside of the exicting huildin V_ they will hP hrnuaht sap to code in Order that they may once again hP n-Pd fnr Pdnratinnal�pijrpncoc_ 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential,`\ ommercial, etcs.), intensity of land use (one - family, apartment houses, shops; department stores. etc.) State of C.I �OP4'11 P, SS. County of _SPNTP Cpl. On this 2ATO day of RIt, in the year M6 , before me I personally appeared p o th b . personally known to me (er- r2e me on e asis ) to be the personfs.)„ whose name( is -afie subscribed to this instrument, and r� Qpy�ledge&,w that he (shs�tbey) executed it. "` f4.1 oFFICl:AL SEAL D AWN 0• CORNISH � t NOf:• rPtBLIC- CAL!FWKA o WITNESS my hand and official seal. 9 S SANTA CI.AP.n COUNTY r ,,(� MyL Commission Expires t".ar. 4.99 �7aGx V L.S.IJI,:�i Notary's Signature My Commission Expires: 0000,90 FORM EIA -lb CITY OF SARATOGA CRITERIA FOR DETERMINING SIGNIFICANT ENVIRONMENTAL IMPACTS (TO BE COMPLETED BY PUBLIC AGENCY) PROJECT: CA-4i(S) CA119 FILE NO: D -pp'QI LOCATION: X), I T! �y, f - _Y kvg f x a, QA 4 I. BACKGROUND 1. Name of Proponent: 2. Address and Phone N C'a 95a 14 3. Date of Checklist Submitted: �I2 �j ! �J 4. Agency Requiring Checklist: 5. Name of Proposal, if applicable: II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe "answers are required on attached sheets.) 1. Earth. will the proposal result in: YES MAYBE NO a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or over- % crowding of the soil? c. Change in topography or ground surface relief / features? V d. The destruction, coverinq or modification of any unique geologic or physical features? 43 AL e. Any increase in wind or water erosion of soils, either on or off the site? YES MAYBE NO V f. Changes in siltation, deposition or erosion which may modify the channel of a river or stream or the / . bed of a lake? V g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of / ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or region- ally? 3. Water. Will the proposal result in: a. Changes in currents, or the course or direction of / water movements in fresh water? b. Changes in absorption rates, drainage patterns, or the rate and amount of surfacd water runoff? V c. Alterations to the course flow flood or of waters? -2- 000092 d. Change in the amount of surface water or any water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? YES MAYBE NO V f. Alteration of the direction or rate of flow of ` ground waters? g. Change in the quantity of ground waters, either J through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water other- wise available for public water supplies? i. Exposure of people or property to water related / hazards such as flooding? v J. Significant changes in the temperature, flow, or / V chemical content of surface thermal springs? 4. Plant Life. Will the proposal result in: a., Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass crops, and aquatic plants)? r b. Reduction of the numbers of any unique, rare or / endangered species of plants? V -3- 000093 YES MAYBE NO C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? 6. Noise. Will the proposal result in: / a. Increases in existing noise levels? ✓/ c4o U3 n b. Exposure o"ople to severe ise levels? y 7. Light and Glare. Will the proposal produce new light / or glare? v 000094 -4- d. Reduction in acreage of any agricultural crop? +� 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of f any species of animals (birds, land animals includ- ing reptiles, fish, or insects)? ►/ b. Reduction of the numbers of any unique, rare or / 01)(Inn(jorod npocion or nnimnln? V c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement ✓ of animals? V d. Deterioration to existing wildlife or fish habitat? 6. Noise. Will the proposal result in: / a. Increases in existing noise levels? ✓/ c4o U3 n b. Exposure o"ople to severe ise levels? y 7. Light and Glare. Will the proposal produce new light / or glare? v 000094 -4- 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (inlcuding, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distriSution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular /moo�vement? YES MAYBE NC L-- �/-� , j�r�{�Y✓�Y�ii »u.�cliJGvi,CC '.� �/ �/� �j<.({ -W �� �Ka= o3�.1� 000095 YES MAYBE NO b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or / movement of people and /or goods? 1/ e. Alterations to waterborne, rail or air traffic? v f. Increase in traffic hazardous to motor vehicles, / bicyclists or pedestrians? I 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? r f. Other governmental services? 15. End. Will the proposal result in: a. Use of substantial amounts of fuel or energy? v -6- 00000G YES MAYBE NC C. Does the project have impacts which are indivi- dually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION IV. DETERMINATION On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. OI find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. OI find the proposed project MAY have a significant effect on the environment, and an ENVIRON14ENTAL IMPACT REPORT is required. DATE: 2i J S GNA RE ADDITIONAL COMMENTS: r For: -10- (rev. 5/16/80) PRIMARY PLUS ...private elementary education September 9, 1988 Saratoga City Hall 1377 Fruitvale Avenue Saratoga, CA 95070 Dear Friends, We would like to present a summary of our plans for Hansen school for your review. We appreciate your time in consideration of this project. It is our belief that the project will add to the educational opportunities for young children in our community. We would be happy to provide any additional information you may require. Sincerely yours, '� S . Carole J. Freitas (408) 248 - 2464 Enclosure CJF:kjy 000099 AMBER DRIVE ELEMENTARY SCHOOL • 3500 Amber Drive • San Jose, CA 95117 • (408) 248 -2464 EL QUITO SCHOOL • 18720 Bucknall Road • Saratoga, CA 95070 • (408) 370 -0357 MT. VIEW SCHOOL • 333 Eunice Avenue • Mt. View, CA 94040 • (415) 967 -3780 PROGRAM 000100 k 1 too` ` y TPPV 4. r Birthday Celebrations V � • Socialization Field Trip 000102 Computer Classes 000103 NEED 000104 September 13, 198e TO% Saratoga Planning Commission FROM: Mary Ellen Eurningham 4C Council Planning Assistant RE: Proposed Child Care Facility / Primary Plus As the state designated child care Resource and Referral Agency for Santa Clara County, our agency provides, among many other things, assistanace to more than 30,000 parents each year. The demand for child care assistance continues to.grow yearly, with an increase of 35% noted in the first quarter of this year. The Council also maintains the only comprehensive licensed child care computerized data base in the region consisting of detailed, descriptive information on 471 child care center facilities and 1,392 family day care homes. Our past 15 years of experience responding to requests for*, child care assistance from parents needing to locate accessible, affordable and available child care from new and existing daycare providers, supports the notion that child rare services in Santa Clara is severely deficient. Child care services in Santa Clara County have reached a critical crossroad. The social economic shifts over the last decade toward dual career and single parent families have dramatically increased the demand for various types of supplemental adult supervision for children for some period of time during the day or night. The reality is that women are entering the work: force as never before and that they are doing so out of economic necessity. The growing acceptance of group child care services for young children is another factor which is pertinent here as, even when mothers are not work;ingv they are likely to use some types of child care service. Some facts about children and families in Santa Clara County will illuminate for us current family composition and work force trends that have implications about child care demand in our County. * The labor force participation rate of women increased from 50 in 1975 to 60 in 1980. * The labor for participation rate of women is on the 000105 increase and is projected to rise to 75% in the next 4 years. * 78% of women with children under 18 years old work outside the home. * An increase in divorce rates have been noted and consequently a 68% increase between 1970 -1980 of female headed households has been noted. *' 46% of the County's families considered at povert.y level are headed by females. * 91% of these females have children under the age of 17. While the demand for all types of child care is projected to increase through 1990 with 2 of every 3 mothers in the labor force, existing child care services do not meet the need. The changes in family composition and work force trends in the County are clear, yet the # of spaces and facilities throughout the County have not kept pace. Evidence of the current deficiency in Saratoga and surrounding areas, is provided by a review of compilations by the 4C Council's R &R staff as follows: Saratoga * Only 17 licensed Family Day Care Homes are located in the area compared to 1,:38:' available County wide. * Only 3% of all County Center Facilities are located in this region. Los Gatos * Only,15 Family Day Care Homes are located in the area compared to 1,382 County wide. * Only 2% of the County's Child Care Facilities are located in the region. Campbell Only 40 Family Day Care Homes are located in thetarea compared to 1,382 County wide. * Only 3 of all County licensed Child Care Facilities are located in the region. The supply profile above results in.a very limited choice for area residents needing to locate quality child care programs in their community. The shortage of child care County wide, including Saratoga 000106 and surrounding areas, if not already perceived as acute will certainly be by 1990, as the County child population is expected to increase 10%. A continued influx of women into the labor force is also projected. The current shortage of Child Care Facilities and the projections for the near future puts the Community at risk=:, impacting both children and parents. In addition, an extremely heavy burden is being placed on.existing child care resources in the community. The Child Care Facility being proposed by Primary Plus, for the reasons stated above would certainly be a proactive step in the right direction. 0 I 000107 Monaay, June 16, 1986 fan, Tranirisco qronidc 4MILOVARE/THS /' TAE 80s MOTHERS 111 THE WORK FORCE with children 1 and younger. with children 3 and younger with children 3 -5 years old Source: Bureau of labor- Statistics, Depertment of labor, December. 1964 Monday, June 16, 1986 San ,Yranrisco (fhronicle WILD CARE/THE IS S . EOF THE `COs 000109 Washington Update Children's.issues have been discovered in the nation's capital! More attention has been.paid in the last few weeks to child care than to nearly any other election issue. The focus on children at the Democratic national convention was quickly= followed by Vice - President Bush's announcement of a,proposed $2.2 billion child care plan that would include a children's allowance targeted at low- income families -and make the existing dependent care tax credit refundable. At this writing',-the Republican platform is still being drafted. It is likely, however, to include Bush's child care proposal.- The Democratic platform also contains language on child care that mirrors the basic concepts of the ABC bill.., Why .the flurry "of attention to child care? One big reason is.'.' that pollsters have found that the American public overwhelmingly supports a stronger government role to.help families in their quest for good, affordable child care. Also, the politics of the so- called "gender gap" make proposals with particular appeal to women voters especially attractive. Finally, the demographics'of the baby boom are being felt. More babies were born last year in any year since 1964. More babies means more parents, and with over half of. -mothers, of infants in the labor force, more voters than ever know firsthand the need for more and better child care. Young Children • September 1988 August 9, 1988 Federal Legislation Update In the midst of increased public attention, federal child care legislation continues to move forward with primary focus on ABC (the Act for Better Child Care). S. 1885, the Senate version of ABC, has successfully moved out of committee and should come before the full Senate for a vote sometime in September. Several changes were made during committee markup, including reducing the eligibility limits from 115% to 100% of state median income. Also,-the health and safety standards (including group size and ratios) now apply only to programs receiving public dollars (including ABC child care certificates). The training requirements and licensing enforcement requirements continue to apply to all licensed programs. H.R. 3660, the House version, is still in the committee markup process as of this writing. Thus far, the only change has been one also made in the Senate to clarify that church - related programs may receive funds under the bill so long as the money is not used for sectarian purposes. NEXT STEPS: Votes on ABC are expected in both the Senate and the House sometime in September. NOW IS A CRITICAL TIME FOR BUILDING GRASS- ROOTS SUPPORT. 000110 59 NEIGHBORHOODS 000111 2 3 4 5 6 7 8 9 10 it O Iz 13 Iq — O I 5393 6050 ! — - -- 6050 6050 6050 — - - -- — - -- 6050 6C SC FC 5` — — -- - - - - SJY 6C SC 6050 6o so (00 s0 x=50 �n - -- —4 Q AMBER 3500 DRIVE u I —° 9.75 AC „� X65>s I� 0- IYJ 3C d O o 17 h z o Q W - W I z 1 Q 0[ O ~ ce i MORELAND SCHOOL DISTRICT O N 229 "' q ` x= :,76.x,3 I PEAR LTON E DR � ' ' c, L •o N a W a Q, 22 C N tr 1' 2 3 4 5 6 7 8 9 10 II 12 13 N t4 Z I�w N o cy 30 30l a3 60 SC 6050 6.1 5D 5: c17, b0 50 E: 50 5,) iC 6'.: 50 .0 82 3533 -5 3527 35!9 3511 3503 3493 349.5 3477 3469 3459 3451 3443 3435 I YUBA TRACT No 2373 AVE =' � 5:15 3 295?3. i® Z z � } I CL Q I Z Q U To Whom it May Concern: Primary Plus has been located in our neighborhood for a number of years and the observed traffic impact has been minimal. Name Address - 3W Amber ir. 70 e- Sri Jill 9 S/ r 1ST/ 000113 0, 4�. •0 107 EDP O 012. SS A 0Q o"v MORELAND SCHOOL DIST 28870/ 749_ 106 28 JO I N ro qc.5 32145 � G4- el Q4 961" O bt PASEO 5) 16 IT f OF SARATOGA -TUROS!S CARM .X 56 3 0 78 A 5U3DfV;S!0N- lb ll 4), rr to _FASEO 4i PuEBLO 0 66 0 A 96,; '0, 66 AC. 1.24 AC . 2 27 6 C) Co,.�, 229 249.32 '88ag 18805 P AVENUE R. 0 S. 19617 P.M. 516-M- 50 `P 389 M HANSEN SCHOOL MUTUAL USE PARKING REQUIREMENTS PRIMARY PLUS DATA SUBMITTED TO THE PLANNING COI',511ISSION: REALISTIC REQUIREMENTS: S"'TinEPdT/TEAC }ER RkTIO 1 -20 :;iUiri " "INFANT 1 - -4 TEACHERS 9 TEACHERS 25 A.M, �TNTTSTRATORS - - --- - - - VOLUNTEERS 10 VOLUNTEERS 10 21 37 CHILD D=ROP -OFF SPACES 10 CHILD DROP -OFF SPACES 10 31 47 CUSD ALT"RNTATIVE SCHOOL: i TEACHERS TEACHERS 5 PRINCIPAL 1 PRINCIPAL 1 SECRETTAR IL,S 2 SECRETARIES 2 VOLUNTEERS 10 VOLUNTEERS 15 CHILD DROP -OFF SPACES 0 CHILD DROP -OFF SPACES 20 TOTAL SPACES 18 TOTAL SPACES- NEEDS FOR .PRIMARY PLUS 31 NEEDS FOR PR ID1AR Y PLUS 47 NEEDS FOR ALTERNATIVE SCH. 18 BEDS FOR'ALTERNATIVE SCH. 43 49 Col'13iN TJ ivEL'DS o0 EXISTING SPACES 55 EXISTING SPACES _ 55 C010INED NEEDS -49 _l�r FREE SPACES �- -rl -2— PRILIMARY PLUS VEHICLE COUNT AT HANSEN AND EL QUITO SCHOOL SITES. EACH HAS SA"-01E ENROLLMENT OF 1?5 CHILDREN T M kr' T)� T kl T -7-.AR!,rTN-G -�OTS HANSEN EL QUITO T I P,17 DATE CARS TIME A DATE CARS TOTAL COMBINED 8 :45 9/22 33 66 8:4o 9/23 36 8:45 9/23 — 40 9/26 8 : LL. 5 9/26 33 64 8:45 9/27 49 84 8:40 9/28 44 8:45 9/28 38 32 of 10/3 36 It 10/3 41 79 10/12 45 to 10/12 43 88 T IROJECTED GRO,'ITH AT HANSEN 150 -200 CHILDREN OR 25% WITH JUST 55 AVAILABLE SPACES 10 ADDITIONAL REQUIRED. SUB=LEASE OF 6,250 SQ, FT. — 7 CLASSROOMS— SPACES ITEEDED- FOR GRO'ITH 10 AEROBIC CLASSES ENROLLED 30 SPACES NEEDED 20 BALI ET CLASSES AS""' to 20 10 KARATE 20 to to 10 ART CLASSES to 20 to it 10 CERA41IC CLASSES It 20 to to 10 CRAFT CLASSES ot 20 to to 10 S-ES- :.MUSIC ClAS 20 o 10 TOTAL SPACES - NEEDED go ZONING REGULATIONS ARTICLE S15-35 OFF STREET PARKING SECTION S15-35 .020 E: . THE OFF STREET REQUIREDC=S OF THIS ARTICLE MAY BE SATISFIED BY PER7.. MANENT ALLOCATION OF THE PRESCRIBED NUMBER OF EACH USE IN A COMMON PARKING FACILITY; PROVIDED, THAT THE TOTAL NUMBER OF SPACES SHALLL BE NOT LESS THAN THE SUM OF — THE INDIVIDUAL REQUIREMENTS. PROJECTED PARKING NEEDS: Ai,;r—LR.[','ATiYE a)GHOUL 4) SPACES PRITUiRY PLUS 47 SPACES to 25' GR UlIT' H 1 53 47 PRU,IkRy PLUS 47 LEGAL AVAILABLE SPACES 46 1_ 4 ADDITIONAL SPACES NEEDED -3- ��„ •� 0Q Il9b�rD 13777 FRUITVALE AVENUE. SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: Linda Callon Martha Clevenger ` Virginia Laden Fanelli Joyce Hlava David Moyles Summary School Site Task Force Meeting March 27, 1986 Present: Jerry Matranga, Cupertino Union School District Sonia Shurr, Cupertino Union School District E. G. McNicholas, Saratoga__Union School District Sarah Dunham, Campbell Union High School District Tom Hodges, Fremont Union High School District Dorothy Diekmann, Los Gatos - Saratoga Joint High School Virginia Fanelli, City of Saratoga Harry Peacock, City. "of Saratoga 1. Reviewed information from Cupertino Union School District, Campbell Union High School District, and Los Gatos - Saratoga Joint High School District regarding schools in Saratoga. Saratoga Union School District will be delivering their data. We need to request the information from Campbell Elementary and Moreland. Dist. 2. It was explained that the City Council has included the study of school sites in its annual policy development plan. The Parks and Recreation Commission has been asked to do an inventory of the recreation needs of the community and how the school sites serve those needs. The Planning Department will be looking at the potential uses in respect to the zoning ordinance. 3. Concerns of school districts in leasing of part or all of a school: A. Liability - the cost that users incur to obtain liability insurance. B. The revenue from leases can presently be used for mainten- ance of the site and within the district. The State may change its position. C. City process - involved and expensive. I fi Summary - School Site Task Force Meeting March 27, 1986 Page 2 4. Use permit process: Can City set some base standards for issuing a master use permit for a site? Then, other users would not have to have separate use permit if they complied with those standards. Areas of greatest concern: A. Parking - set a realistic ratio. Elementary schools currently have about two spaces per classroom. B. Hours of operation and days. C. Traffic generated both in volume and time. D. Allowance of uses not strictly educational. E. Truck deliveries and refuse collection. 5. Uses for which schools have received requests: Nursery schools; day care—both preschool & older children; . office space; light-industrial including research & training; private schools; adult education - -JTPA training programs; independent study programs; university extension programs; performing arts; nursing home; senior citizen home; medical offices; retail (depending..on location of site). 6. May want to look at State law concerning alcoholic beverages on school property. Alot of calls for organization and fraternal meetings, conventions. It was agreed by all that the City and schools must work together to educate the public to the value of retaining sites for further education and current recreation needs. The greater good of the community should be encouraged rather than just responding to the immediate neighborhood. Prepared by: i Laden Fanelli Councilmember jm z ' "t'1". r :; :.7•••?"" - •.r -..v `r ..�.);. ..�. cT�••.ityZ.. -; .•^.'c.a;a�.,+.. -.ny. ...' ?'� -r.. 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'..� ':I� ; ;.�'µ.>,'. it -, x' ��ic'r• � l• 1� e - , pertino Union School District October 12, 1988 Mr. Don Peterson City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 Dear Mr. Peterson: 10301 Vista Drive • Cupertino, CA 95014 • (408) 252 -3000 The purpose of this letter is to provide background information to assist the Council with its decision on the appeal. of the Use Permit granted to Hansen School. Hansen School is one of two Cupertino Union School District sites in the City of Saratoga - the second is Blue Hills school. Hansen was closed in 1971 along with 20 other Cupertino District Schools during the precipitous enrollment decline of that era. Hansen has a designed capacity of 690 students but had a peak enrollment of 911 students. During the period from 1971 to 1987 the buildings on the site were unused but the playing fields remained available to community use. The fields will continue to be available to community recreation use during the building lease. In 1986, by invitation of the Saratoga City Council, representatives of the district participated in a school site task force to assist in a study of school sites as a part of the City's policy development plan (summary attached) Please note the concluding paragraph of the summary letter prepared by Virginia Laden Fanelli which states: "It was agreed by all that the City and schools must work together to educate the public to the value of retaining sites for further education and current recreation needs. The In 1987 the school district determined that Hansen School should remain as a reserve site for potential future enrollment increases. To make this economically feasible, it was decided to refurbish the school and lease a portion of the site. The refurbishment has, been completed with a cost which exceeds $600,000. At all times, the plans for leasing the site were consistent with the criteria cooperatively developed with the City of Saratoga. In fact, prior to applying for the Use Permit, the district solicited potential lessees. Primary Plus was selected as best meeting district, community and City of Saratoga needs and requirements. Superintendent Yvette del Prado, Ph.D. • Board of Education Joan C. Barram Steven C. Chell Tommy G. Shwe Susan P, Silver Elaine K. White 'i 2.,. �j 10301 Vista Drive • Cupertino, CA 95014 • (408) 252 -3000 The purpose of this letter is to provide background information to assist the Council with its decision on the appeal. of the Use Permit granted to Hansen School. Hansen School is one of two Cupertino Union School District sites in the City of Saratoga - the second is Blue Hills school. Hansen was closed in 1971 along with 20 other Cupertino District Schools during the precipitous enrollment decline of that era. Hansen has a designed capacity of 690 students but had a peak enrollment of 911 students. During the period from 1971 to 1987 the buildings on the site were unused but the playing fields remained available to community use. The fields will continue to be available to community recreation use during the building lease. In 1986, by invitation of the Saratoga City Council, representatives of the district participated in a school site task force to assist in a study of school sites as a part of the City's policy development plan (summary attached) Please note the concluding paragraph of the summary letter prepared by Virginia Laden Fanelli which states: "It was agreed by all that the City and schools must work together to educate the public to the value of retaining sites for further education and current recreation needs. The In 1987 the school district determined that Hansen School should remain as a reserve site for potential future enrollment increases. To make this economically feasible, it was decided to refurbish the school and lease a portion of the site. The refurbishment has, been completed with a cost which exceeds $600,000. At all times, the plans for leasing the site were consistent with the criteria cooperatively developed with the City of Saratoga. In fact, prior to applying for the Use Permit, the district solicited potential lessees. Primary Plus was selected as best meeting district, community and City of Saratoga needs and requirements. Superintendent Yvette del Prado, Ph.D. • Board of Education Joan C. Barram Steven C. Chell Tommy G. Shwe Susan P, Silver Elaine K. White Mr. Don Peterson October 11, 1988 Page 2 In addition, the district: 1. Notified the Hansen area residents living in a 500 foot circle from the school's property corners and conducted a community meeting prior to permit application. The meeting was well attended and only two people from this meeting have attended subsequent meetings, an indication of low concern. The district followed the City' public notification procedure prior to applying for a use permit. 2. Applied for the Use Permit in April of 1988 assuming that would provide sufficient time for a proposed August 15 opening for Primary Plus. 3. Contracted for, at the direction of the City, a traffic study by Pang & Associates. The significant conclusion of that study was that under the proposed student use by Primary Plus and the Alternative School Program, the traffic service level at the Prospect /Titus intersection would be at an "A" volume /capacity ratio - the highest possible rating on an A -F scale. An "A" rating is described as follows: "A condition of free flow, with low volumes and high speeds. Traffic density is low, with speeds controlled by driver desire, speed limits, and physical road conditions." 4. Conducted two additional meetings in residents' homes to ascertain concerns and review the proposed use of Hansen School 5. Complied with City requirements to the extent that the City staff recommended approval of the Use Permit at the original level of 350 participants for the Primary Plus program. 6. Agreed to the on inal requests of the community group, including reduction from 350 to 175 students at Primary Plus, various parking modifications,.and the establishment of a community /school committee to review conditions on a biannual basis. 7. Investigated, at the request of the Planning Commission, a possible access opening off Prospect Road to serve the Primary Plus traffic. This access was not recommended by the traffic consultant as it failed to meet Cal Trans standards and would create additional vehicular hazards. Additionally, this driveway would seriously impact existing ball fields serving the greater good of the community, and would possibly require cutting trees along the west property line shielding Kristy Lane residents. Mr. Don Peterson October 11, 1988 Page 3 Child care and related services are a high priority need in today's complex society. School districts are not in a financial position to provide such services and must work with top quality organizations to partially meet these needs. With your assistance we can help the parents and children of Saratoga. Sincerely, Zvette del Prado, Ph.D. Superintendent GP:dp cc: S. Silver G. Plumleigh V 1 1 91.1 3 Data Received: Hearing Date: Fee : * /db,cto CITY 'USE C APPEAL APPLICATION • f Name of Appellant: chYJG *nnhcY E Taaffa on behalf of Ccnrorned Address: Residents of Saratoga C/ 111 We4t St_ Tnhn -Strep #FiSn • Telephone: San Jose-, CA 95113 r408) 8-3383 Name of Applicant: Cupertino Union School District /Primary Plus Project File No.: UP -88 -010 Project Address: y 12211 Titus Avenue - Project Description: Child Care-Services Decision Being Appealed: Approval of Use Permit for Child Care S vi a • Grounds for the Appeal (Letter may be attached): Please See Attached Christopher E. Taaff` *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. TUTS APPY.TCATIOV MUST DC SUQi•1ITTL•D IVITIIIN TCN 10 CALENDAR DAYS 7�1 L• �\ h -iffI OF 6 To the Members of The Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Council Members: The Saratoga Planning Commision has approved the request of the Cupertino Union School District /Primary Plus for a use permit to provide child care services for approximately 175 children at the Hansen School site. This was done in spite of the objections of over 200 residents of Saratoga who reside in that area and who will be most severely impacted. I have been asked to prepare and file an appeal of that decision on their behalf and in which I join. The increased traffic and the resultant congestion and increased noise level are two of the major considerations. Safety or the lack thereof is a third major consideration. At the request of the Planning Commission the school district retained a firm, Pang & Associates of Mountain View, to conduct a traffic study. This was done on Tuesday, July 19, 1988. That firm counted 149 cars between the hours of 7:30 and 8:30 a.m. on Titus Avenue. That one -day study is unreliable and any conclusions that may have been drawn from it are invalid. First, the study was conducted during the summer months when many residents who use Titus Avenue are on vacation. Second, the study was not done when the school was in session. Third, the Pang study apparently took into acocunt the impact of 150 children at the school. However, it necessarily relied upon information provided by the school district such as carpooling and so on. It concluded that the traffic impact was within acceptable limits. The validity of this study is unreliable because it used a grading scale that applies to either Saratoga Avenue or Saratoga - Sunnyvale Road, which are commercial streets and not residential streets, such as Titus. More recently, a resident of Titus Avenue, Andrew Boogard, conducted a traffic count of the number of cars on Titus Avenue during that same time frame (7:30 to 8:30 a.m.) which is much more indicative of the true traffic picture. On September 22 between the hours of 7:30 and 8:30 a.m., 280 cars were counted on Titus Avenue. One hundred six of these cars were counted between 8:20 and 8:30 a.m. Keep in mind that this is with only 150 students enrolled in the alternative program and Primary Plus not yet in operation. On September 21 between 8:00 and 8:35 a.m., 81 cars drove into the Hansen parking lot: 73 of these cars arrived with only one or two children, eight with three or more children. Thirty -six cars arrived between 8:25 and 8:30. Yet, the school district claims that there will be no congestion at this peak time. Once again, keep in mind this is with only 150 children presently enrolled in the alternative program and Primary Plus still not in operation. Of the 280 cars that were observed turning onto Prospect from Titus on September 22, 1988, 233 of these cars made right turns onto Prospect and 47 autos made left turns across oncoming traffic. When the total of 175 Primary Plus is achieved, there will be approximately 650 cars using the intersection at Titus and Prospect between 7:30 and 8:30 a.m., and at a time when commute traffic is quite heavy on Prospect. Left turns onto Prospect could prove to be very dangerous. It is of interest that one of the residents learned just today, September 23, 1988, from an alternative program parent that the school district has requested that all parents when leaving the school turn left onto Titus towards Prospect so as to not disrupt other residents in the neighborhood. Yet for those turning left on Prospect, it would be safest to utilize the signal at Miller Avenue and Prospect Road. The school district has also claimed that parking will not be a problem. The facts do not support that contention. On September 21, 39 cars were observed occupying parking spaces out of a total of 54 available spaces. These are presently used by the alternative school. Primary Plus will require at least 20 parking spaces for a staff ratio of 10 /1 plus a minimum of three for administrative personnel, nurse, etc. One has to be concerned about where the Primary Plus parents are going to park when they bring their children to the program. The answer is obvious. They will have to park out on Titus, up and down the street. They will be making U -turns on Titus and. they will be utilizing the driveways of residents as turn -a- rounds. According to information obtained from 4 C's Day Care Center, 90 percent of their enrollment arrives between 7:30 and 8:30 a.m. It is not unreasonable to believe that will be the case with Hansen. The increased level of noise was a factor that was pooh- poohed by the Planning Commission. Yet, the fact of the matter is that with an additional 175 cars ariving between 6:30 and 8:30 a.m. there is going to be a horrid and offensive increase in the noise level. That same noise will return like clockwork when the parents return between 5:30 and 6:30 p.m. to pick up their children. The school district has claimed there will not be that many cars because parents will carpool their children. That contention is not only lacking in merit, it is ludicrous. These are parents who will be dropping off their - 2 - children so they can go to work. They will be coming from all areas of the community, not just Cupertino. Carpooling presupposes that not only would two parents have children going to the same pre - school but that they also work at the same place. Such a likelihood is remote, at best. It is truly unfortunate that the Saratoga Planning Commission has rolled over and played dead for the benefit of the Cupertino Union School District and to the detriment of many residents of the City of Saratoga whose best interests they are supposed to be representing. Moreover, they have relied upon information provided by the school district which is undependable. In fact, other than the traffic study performed by Pang, the school district has provided no studies, reports, or certified findings which support their contentions. Finally, there is one last item that must be addressed. A use permit has been approved for Primary Plus, which is a day care facility. However, it is apparent that once Primary Plus has its use permit, it will put in uses that are not consistent with "Day Care." On Tuesday, September 4, 1988, an advertisement for Primary Plus appeared in the San Jose Mercury News ;for its other sites. (See attached) Ballet - tap and tumbling instructions are being offered in addition to extended day care and not as part of day care. Primary Plus intends to lease two- thirds of the school. It is the belief of the residents that Primary Plus intends to sublease portions of what it leases to non - conforming private commercial enterprises. This could be anything from ballet to drug education for teenage offenders. It is truly appalling how the Saratoga Planning Commission is helping to undermine the character of what has been a quiet residential neighborhood up until now. It is for the above reasons that we are asking the Saratoga City Council to revoke the use permit previously granted. - 3 - •r: r:_j . -. B Sunday, Sept. 4, 1988 ■ San Jose Mercury News State News Fastnm oving fire near .M Arvin over lines blame gp d for sparks that ,caused blaze SANTEE (AP) — A fast - moving fire scorched more -than 510 acres of brush and the roofs of at least 20 hilltop homes Saturday as fire - fighters struggled to contain the flames in 100 - degree heat, officials said. Sparks blown from the blaze caused roof fires on the homes, located on the west side of Cowles Mountain, about 15 miles northeast of downtown San Diego, said San- tee Fire Department dispatcher Jane Rolin. 6 I was like looking at the pictures of Yellowstone Park. Y — Ruth Meier, manager, mobile home park Those flare -ups were quickly doused, but one house sustained moderate damage, she said. There was no estimate of damage. The blaze, reported at 1 :15 p.m., was caused by arcing power lines, she said. The fire was 70 percent contained by 7 p.m. One firefighter was treated at a hospital for heat - related injuries and released, Rolin said. Twenty to 30 homes were evacu- aied during the height of the blaze the dispatcher said. More than 250 firefighters fror four agencies, assisted by water dropping helicopters and bulldog ers, fought the blaze in Missioi Trails Regional Park, said Sal Diego County sheriff's dispatelm Jan Wildermuth. The fire forced residents of the Highland Mobile Home Park tc seek shelter in a community meet• ing room on the park grounds, but passed by without causing damage, Rolin said. The plume was visible from downtown San Diego. Firefighters from the California Department of Forestry assisting firefighters from Santee, San Die- go and La Mesa had to contend with temperatures around 104 de- grees and extremely dry air, said CDF spokeswoman Audrey Hagen. "The humidity is just 16 percent and the h at out there is oppres- sive," Hagen said. The fire closed Mission Trails Regional Park and a 1% -mile stretch of Mission Gorge Road. "The fire was all round the courts," said Ruth Meier, manager of Highland Mobile Home Park. "It was like looking at the pictures of Yellowstone Park" where fires have been raging this summer. Firefighters protected the courts with fire retardant and there was no significant damage there, she said. Residents returned about 4:30 p.m. - The fire left the hills blackened "but we're all OK," she said. .............................. PRIMARY PLUS 0 0 . PRIVATE ELEMENYARY EDU'tI.AT /ON Small C /asses • Ind /Wdua/ Program . Learn/ng At Ch/ld's Own Pace • KINDERGARTEN THRU 8TH GRADE — PRIVATE CLASSES • EXTENDED DAY CARE FOR SCHOOL AGE CHILDREN • FULLY ACCREDITED STAFF 8 FACILITIES ' • BALLET - TAP d TUMBLING INSTRUCTION OPEN 6:30 AM to 6 PM SAN JOSE SARATOGA MOUNTAIN VIEW AMBER DANE SCHOOL EL QUITO BCHOOL 408. 248.2464 L QUIT 0.0351 CooPER SCHOOL 415.96 -3780 3tW0 AMBER DA., B.J. 107?0 BUCKHALL RD. 333 EUN E AVE. A brush fire closes More Than Just a Binoculars • Spotting Scope Globes • Weather Instrurncn Microscopes • Magnifiers Books *T-shirts • Caps Astronomical S terrestrial telescopes. Binoculars for astronomy, backpacking, birdwatching, boating, & sports. Scientific gifts, games. S toys, plus hundreds of other S� fascinating items. All price ranges. PROJECT 0001 ?.1 HANSEN AVENUE CHILDREN'S COMMUNITY SEPTEMBER 1988 0001.22 THE PROGRAM Primary Plus, Inc., a two- decade old child care firm is currently planning to convert Cupertino's Hansen Elementary School into an innovative new child care facility. The facility, to be called the Hansen Avenue Children's Community, will consist of 25,000 square feet of classrooms dedicated to complete child care. On a quiet suburban street, the school is nevertheless only blocks from several major industrial parks. As presently planned, the facility will have separate sections for infants, pre - schoolers and sick children, as well as space for independent educational programs -- including music and dance -- in which children can be enrolled. Toward this end, the school facility will undergo a major upgrading to make it fully dedicated to child care and education. Central to the Hansen Avenue center is the notion of community. HANSEN AVENUE CHILDREN'S COMMUNITY To describe the Hansen Avenue center as merely a child care facility is woefully inadequate. In truth, when completed it will constitute a milestone in the care and education of infants and pre - schoolers. The Hansen facility can be seen as having four distinct functions which, in practice, will be separated into different wings of the center: 1. Infant Care. Special attention to the needs of infants and toddlers. 2. Care of Pre - schoolers. The program will include a challenging learning environment for young children. 3. Educational Enhancement Programs. As it is planned, classrooms and recreation rooms will be set aside for creative enrichment environments for pre - schoolers. Some of these programs will be directed by Primary Plus. Others will be contracted to established and highly respected programs, such as Recreation USA, Gymboree and Children's Theater. Other planned programs include music, dance, art, even karate. This means the busy working parent no longer needs to worry about rushing a child to some early evening program at a distant dance or music studio. Instead, that training can be part of the child's daily daytime activities. 4. Sceclal Care for Sick Children. The fourth program planned for the Hansen Avenue Children's Community is care for sick children who have common colds or other minor illnesses which prevent attendance at regular school. A leading cause of absenteeism among young working mothers is illness -- not their own -- but their children's. In a separate facility, the Hansen Avenue center will be fully equipped to tend and monitor a sick child throughout the workday. PRIMARY PLUS In child care, facilities and programs -- no matter how innovative -- take a back seat to the quality of the staff. Primary Plus believes that its staff of teachers and professionals is second to none in the Bay Area and the firm's record and reputation bear that out. Founded in 1968, a primary goal was to improve the quality of care for young children during their period of greatest physical and intellectual development. At present, more than 2,000 children aged 6 months to 14 years are enrolled in 9 school programs at seven facilities in Santa Clara, San Jose, Saratoga and Mountain View. 00012'3 In each of these programs, Primary Plus is dedicated to providing children with a happy, healthy and creative environment involving experiences with the following goals: • Successfully getting along in a group situation • Development of maximum use of small and large muscles • Increased attention span • Independent socialization and development of friendships • Increased communication skills • Development of a greater feeling of self -worth through success with a variety of activities, and • Encouragement of self- discipline Primary Plus is directed by John and Carole Freitas. Mr. Freitas is a former Teacher of the Year for the Fremont High School District and California Teacher of the Year nominee. He is also a member of the Board of Fellows of Santa Clara University. Mrs. Freitas, President of Primary Plus, is a former high school and college teacher. She holds an M.A. in Child Development and Family Relationships. 000124 ACTION DAY NURSERIES, INC. Enrichment through a happy, healthy and creative environment for children 2 -1/2 to 5 years ...Lincoln School 2148 Lincoln Avenue San Jose, California 95125 266 -8952 ... Prunerldge School 2001 Pruneridge Avenue Santa Clara, California 95050 244 -2909 ... Moorpark School 3030 Moorpark Avenue San Jose, Califomia 95128 247 -6972 ...University School 13560 Saratoga - Sunnyvale Road Saratoga, California 95070 867 -4515 PRIMARY PLUS .... private elementary education ...Amber Drive Elementary School and extended day care for kindergarten through eighth grade 3500 Amber Drive San Jose, California 95117 248 -2464 ...Infant Center Children 6 months to 2 -1/2 years 3030 Moorpark Avenue San Jose, California 95128 247 -6972 ...Cooper School Infants through ten years old 333 Eunice Avenue Mountain View, California 94040 (415)967 -3780 ... El Quito School Private classes preschool through eighth. Extended day care for school age children. Infant program. 18750 Bucknall Road Saratoga, California 95070 370 -0357 WEST VALLEY MIDDLE SCHOOL Private classes 5th - 7th grades 3500 Amber Drive San Jose, California 95117 248 -2464 000125 ACTION DAY NURSERY AND PRIMARY PLUS A PHILOSOPHY - IN PROGRESS Our schools' doors opened in 1968 because of the desire to experience first hand the marvelous thrills and excitement of the world of young children. Of interest to the founders was the tremendous amount of learning that goes on in young children. It's a very exciting time for them. All of the important loving and guiding experiences of iMancy we see played as the child grows. Also at this time, we have an opportunity to suggest much of what will happen to children as they go through elementary school, junior high school and on into adult life. It also was a real challenge to the people beginning our program to have an opportunity to provide a situation that would assist in maximum development for children. Many things that can be picked up and observed during the preschool years can be corrected or encouraged, leading to much greater success in the years that follow. We have maintained over the eighteen years that we've been in operation a philosophy that encourages what we call a "semi - structured program." Semi - structured means, to us, that we have a program put together by teachers and others that sets our specific goals each day, week and month for every child enrolled in our program. Although the adults have goals and directions for the children in mind, the children are not "made to" take part in these activities if they choose not to. We feel that this makes it a semi - structured situation. So, although the teacher may have set up a music period, hoping to increase the child's awareness of music as well as to build on the child's attention span, if a particular child doesn't want to take part in the music activity, he or she is not forced to be a part of the group at that time. We feel that this allows for specific growth and also individual freedom. One of the important differences in our philosophy has been the fact that we've been committed to a particular kind of adult in our school environment. We have been proud of the fact that we have carefully chosen adults who really care about children. We could spend hours and hours going through books, writing lesson plans, buying equipment, setting up the preschool; however, the most important factor in any school situation is the adult. It is exceedingly important that when each child enters the school situation, he or she finds an adult who really, truly likes him or her. It is our hope that each child will leave at the end of the day feeling better about himself or herself and also equipped with a number of things they can say to themselves they can do that they couldn't do when they started that day. If we achieve this goal, we add tremendously to the resources that each child takes with him or her as they move up the educational ladder. It is our continued hope that we will be able to provide an environment that stimulates positive feelings about oneself as well as a sound curriculum for each child. 000126 CAROLE J. FREITAS 15600 Canon Drive Los Gatos, CA 95030 (408)354 -3064 EDUCATION San Jose State University San Jose, California Major: Home Economics Degree: Master of Arts Emphasis: Child Development and Family Relationships CURRENT Secretary- Treasurer of Action Day Nursery School, Inc. POSITION President, Primary Plus Wife of John R. Freitas Mother of Michelle Ann Freitas CURRENT American Home Economics Association MEMBERSHIPS Private Nursery School Association La Rinconada Country Club Foundation for Hearing Research Auxiliary for Hearing Research Parent Group - Jean Weingarten Oral School for the Deaf Exceptional Parents of Exceptional Children President's Club - University of Santa Clara Board of Fellows - University of Santa Clara Alumni Association - San Jose State University O'Connor Hospital Auxiliary San Jose Chamber of Commerce San Jose Chamber's Women in Business LISTED IN Directory of Distinguished Americans Who's Who in Education 000127 A PROUD RECORD .... 1968 - Action Day Nursery began operating as a preschool. The Pruneridge School in Santa Clara was the first Action Day nursery school to be opened. 1971 - The second preschool, at 3030 Moorpark, opened its doors. An infant center Is also located at the Moorpark School. 1975 - Our third preschool joined the Action Day Nursery group. The Lincoln School is located in a building that's about fifty years old and used to be a farmhouse on Lincoln Avenue. We're very proud of the fact that the Willow Glen Historical Society put a picture of our school in the book called "Old Willow Glen ", which is a guide to historical landmarks in the Willow Glen area. 1976 - The Action Day Academy of Dance originated at our Moorpark School. The dance program now has several locations and many children tapping, tumbling and doing ballet each week. We also have some adult classes. The highlight of our dance program is a production each year at the San Jose Center for Performing Arts. 1978 - Action Day Nurseries took over ownership of University Preschool on June 1, 1978. University Preschool has been in existence in Saratoga for over 22 years. 1979 - In July, 1979, Primary Plus opened at 3500 Amber Drive. Primary Plus is an elementary school with grades kindergarten through eighth grade. The school provides an educational setting that is staffed with warm, personally interested adults who give the students the message that learning is exciting and important. The teachers attempt to establish a learning environment that will allow the children to experience the maximum amount of success possible. 1979 - Primary Plus Saratoga campus began offering extended day classes at the former Brookview Elementary School. 1980 - Primary Plus Saratoga campus moved to Quito School and expanded to include preschool and private kindergarten classes. 1981 - In 1981, our family had a new addition. Our new facility is the first school outside of the immediate area. Located in Mountain View on the edge of a park, infants to children nine years old are in attendance. The Mountain View Primary Plus is located in a facility that was formerly Cooper School in the Mountain View Elementary School District. The infant program is housed in two small buildings and the preschool- kindergarten program in a large, center -pod type building. 1984 - In September 1984, West Valley Middle School welcomed students from fifth to eighth grade. Many of these students have been involved in Action Day Nursery and/or Primary Plus for a number of years. The middle school curriculum focuses on the unique needs of children ten to fourteen years of age. The staff has worked carefully to develop a total program that will encourage maximum growth both emotionally and intellectually. 1985 - Primary Plus Saratoga campus moved to El Quito School and expanded to include an infant - toddler program, preschool and private classes for children enrolled in kindergarten through third grade. 000128 101 MTN. VIEW 82, PRIMARY PL!:S - 32? EU"JiCE !415; 967J720 SUNNYVALE C, 09 �9 ACTION DAY 13560 SARATOGA- SUNNYVALE RD. ;4081867 -4515 ACTION DAY AND PRIMARY PLUS SANTA CLARA �_ .. 17 'NPANT C "ER SAN JOSE ,CTIGN DAY 6 ' !NCCLN AVE . 1!51 -,66-3052 .: 1, 101 w � J ¢ _J W J Q } Z Z D N PROSPECT RD. a cs O cl Q 82, PRIMARY PL!:S - 32? EU"JiCE !415; 967J720 SUNNYVALE C, 09 �9 ACTION DAY 13560 SARATOGA- SUNNYVALE RD. ;4081867 -4515 ACTION DAY AND PRIMARY PLUS SANTA CLARA �_ .. 17 'NPANT C "ER SAN JOSE ,CTIGN DAY 6 ' !NCCLN AVE . 1!51 -,66-3052 .: 1, 101 OBSERVATIONS 000130 To Whom it May Concern: As a parent of Vounq chi1dren. 1 am concerned abn'1 Up limited number of child care programs available zn our c6mmunity, and feel there is a crucia1 need fo, adUitzo/`ai facilities. Name Address`, ---- ^/ ( .............. ................. ;� . .... .. ......... . . ........ . ....... . .......... .. . ........... ns ............ L.".141. L6 o"... \ . .... ....... . ..... . .. .. ..... . ..... .... ...... .. ... . . ....... .... ... .. .......... ........................ .. I ...... .. ... ..... . ....... ............ . ......... . .................... :...- .. ..... ...... . . .. /7 l/�fr ____--�_���_���!������-���............. ..... .... ..... ''��--'-- K��%�n�� ������� Date Received: Hearing Date: Fee : CITY 'USE APPEAL APPLICATION Name �-- r of Appellant: Chr. ;atr,nhcr E Taaffe on behalf o ^ ^ ^grned Address: Residents of Saratoga C/0-11 - 1 West St ..John •Rtr•vet #65n Telephone: Sa Jose; CA 95113 r-4081998-3183 Name of Applicant: Cupertino Union School District /Primary Plus Project File No.: UP -88 -010 Project Address: _ 12211 Titus Avenue Project Description: Child Care-Services Decision Being Appealed: _ Approval of Use Permit for Child Care • Grounds for the Appeal (Letter may be attached): Please See Attached y Christopher E. Taaffe-,",--� *Please do not sign this application until it City offices. If you wish is specific presented at the appeal please list them on a separate be notified of this TIIIS APPI IC,�TTON J►IJST Df: SUDi•fITTL•D IVITFIIN TCN 10 CALL•PJDAR DAYS 7�I I L• ,1' U N 'I E U- lrf YS O F 00014- 5 To the Members of The Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Council Members: The Saratoga Planning Commision has approved the request of the Cupertino Union School District /Primary Plus for a use permit to provide child care services for approximately 175 children at the Hansen School site. This was done in spite of the objections of over 200 residents of Saratoga who reside in that area and who will be most severely impacted. I have been asked to prepare and file an appeal of that decision on their behalf and in which I join. The increased traffic and the resultant congestion and increased noise level are two of the major considerations. Safety or the lack thereof is a third major consideration. At the request of the Planning Commission the school district retained a firm, Pang & Associates of Mountain View, to conduct a traffic study. This was done on Tuesday, July 19, 1988. That firm counted 149 cars between the hours of 7:30 and 8:30 a.m. on Titus Avenue. That one -day study is unreliable and any conclusions that may have been drawn from it are invalid. First, the study was conducted during the summer months when many residents who use Titus Avenue are on vacation. Second, the study was not done when the school was in session. Third, the Pang study apparently took into acocunt the impact of 150 children at the school. However, it necessarily relied upon information provided by the school district such as carpooling and so on. It concluded that the traffic impact was within acceptable limits. The validity of this study is unreliable because it used a grading scale that applies to either Saratoga Avenue or Saratoga - Sunnyvale Road, which are commercial streets and not residential streets, such as Titus. More recently, a resident of Titus Avenue, Andrew Boogard, conducted a traffic count of the number of cars on Titus Avenue during that same time frame ( 7:30 to 8:30 a.m.) which is much more indicative of the true traffic picture. On September 22 between the hours of 7:30 and 8:30 a.m., 280 cars were counted on Titus Avenue. One hundred six of these cars were counted between 8:20 and 8:30 a.m. Keep in mind that this is with only 150 students enrolled in the alternative program and Primary Plus not yet in operation. On September 21 between 8:00 and 8:35 a.m., 81 cars drove into the Hansen parking lot: 73 of these cars arrived with 000146 only one or two children, eight with three or more children. Thirty -six cars arrived between 8:25 and 8:30. Yet, the school district claims that there will be no congestion at this peak time. -, Once again, keep in mind this is with only 150 children presently enrolled in the alternative program and Primary Plus still not in operation. Of the 280 cars that were observed turning onto Prospect from Titus on September 22, 1988, 233 of these cars made right turns onto Prospect and 47 autos made left turns across oncoming traffic. When the total of 175 Primary Plus is achieved, there will be approximately 650 cars using the intersection at Titus and Prospect between 7:30 and 8:30 a.m., and at a time when commute traffic is quite heavy on Prospect. Left turns onto Prospect could prove to be very dangerous. It is of interest that one of the residents learned just today, September 23, 1988, from an alternative program parent that the school district has requested that all parents when leaving the school turn left onto Titus towards Prospect so as to not disrupt other residents in the neighborhood. Yet for those turning left on Prospect, it would be safest to utilize the signal at Miller Avenue and Prospect Road. The school district has also claimed that parking will not be a problem. The facts do not support that contention. On September 21, 39 cars were observed occupying parking spaces out of a total of 54 available _spaces. These are presently used by the alternative school. Primary Plus will require at least 20 parking spaces for a staff ratio of 10 /1 plus a minimum of three for administrative personnel, nurse, etc. One has to be concerned about where the Primary Plus parents are going to park when they bring their children to the program. The answer is obvious. They will have -to park out on Titus, up and down the street. They will be making U -turns on Titus and they will be utilizing the driveways of residents as turn -a- rounds. According to information obtained from 4 C's Day Care Center, 90 percent of their enrollment arrives between 7:30 and 8:30 a.m. It is not unreasonable to believe that will be the case with Hansen. The increased level of noise was a factor that was pooh - poohed by the Planning Commission. Yet, the fact of the matter is that with an additional 175 cars ariving between 6:30 and 8:30 a.m. there is going to be a horrid and offensive increase in the noise level. That same noise will return like clockwork when the parents return between 5:30 and 6:30 p.m. to pick up their children. The school district has claimed there will not be that many cars because parents will carpool their children. That contention is not only lacking in merit, it is ludicrous. These are parents who will be dropping off their - 2 - 0,014 children so they can go to work. They will be coming from all areas of the community, not just Cupertino. Carpooling presupposes that not only would two parents have children going to the same pre - school but that they also work at the same place. Such a likelihood is remote, at best. It is truly unfortunate that the Saratoga Planning Commission has rolled over and played dead for the benefit of the Cupertino Union School District and to the detriment of many residents of the City of Saratoga whose best interests they are supposed to be representing. Moreover, they have relied upon information provided by the school district which is undependable. - In fact, other than the traffic study performed by Pang, the school district has provided no studies, reports, or certified findings which support their contentions. Finally, there is one last item that must be addressed. A use permit has been approved for Primary Plus, which is a day care facility. However, it is apparent that once Primary Plus has its use permit, it will put in uses that are not consistent with "Day Care." On Tuesday, September 4, 1988, an advertisement for Primary Plus appeared in the San Jose Mercury News for its other sites. (See attached) Ballet - tap and tumbling instructions are being offered in addition to extended day care and not as part of day care. Primary Plus intends to lease two - thirds of the school. It is the belief of the residents that Primary Plus intends to sublease portions of what it leases to non - conforming private commercial enterprises. This could be anything from ballet to drug education for teenage offenders. It is truly appalling how the Saratoga Planning Commission is helping to undermine the character of what has been a quiet residential neighborhood up until now. It is -for the above reasons that we are asking the Saratoga City Council to revoke the use permit previously granted. - 3 - 000148. -f w Y 4B Sunday, Sept. 4, 1988 a San Jose Mercury News State News Fast - moving fire L It was like looking at the pictures of Yellowstone Park. — Ruth Meier, manager, mobile home park Those flare -ups were quickly doused, but one house sustained moderate damage, she said. There was no estimate of damage. The blaze. reported at 1:15 p.m., was caused by arcing power lines, she said. The fire was 70 percent contained by 7 p.m, One firefighter was treated at a hospital for heat - related injuries and released. Rolin said. Twenty to 30 homes were evacu- passed by without causing damage Rohn said. The plume was visible from downtown San Diego. Firefighters from the California Department of Forestry assisting firefighters from Santee, San Die. go and La Mesa had to contend with temperatures around 104 de- grees and extremely dry air, said CDF spokeswoman Audrey Hagen. "The humidity is just 16 percent and the hRat out there is oppres- sive," Hagen said. The find closed Mission Trails Regional Park and a 1% -mile stretch of Mission Gorge Road. "The fire was all round the courts." said Ruth Meier, manager Of Highland Mobile Home Park, "It was hke looking at the pictures of Yellowstone Park" where fires have been raging this summer. Firefighters protected the courts with fire retardant and there was no significant damage there , she said. Residents returned about 4:30 p.m. The fire left the hills blackened "but we're all OK," she said. i PRIMARY PLUS PRIVATE ELEA/ENTARY EDueArION Smell Classes. lrid/vldual Program Leaming At Chi&,$ Own pace • KINDERGARTEN THRU 6TH GRADE — PRIVATE CLASSES • EXTENDED DAY CARE FOR SCHOOL AGE CHILDREN • FULLY ACCREDITED STAFF 6 FACILITIES • BALLET - TAP 6 TUMBLING INSTRUCTION OPEN 6:30 AM to 6 PM SAN JOSE A[W RATOGA W iMBER DRNE SCHOOL ITO SCHOOL 40d 248-2184 370 -0367 aL 3500 AMBER DR S.J UCKNALL RO E. near A brush fire closes y More Than Just a Binoculars • spotting Scope Globes • Weather Instrurncn Microscopes • Magnifiers Books e T-shirts • Caps Astronomical a terrestnai telescopes. Binoculars for astronomy, backpacking, birdwatching, boating, g sports. Scientific gitis. games. 6 toys. Of % hundreds Of othery =:' fascinating items' i Ali price ranges. 010N 1000149 '{ Arcing power lines blamed for sparks that ,caused blaze SANTEE (AP) — A fast- moving fire scorched more than 510 acres ated during the height of the blaz the dispatcher said. of brush and the roofs of at least 20 hilltop homes Saturday as fire- More than 250 firefighters froi fighters struggled to contain the flame ut 100 -degree heat, four agencies, assisted by watel dropping helicopters and bulldo; said. officials Sparks blown from the blaze em, fought the blaze in Micsio Trails Regional Park, said Sai caused roof fires on the homes located on the west side Cowles Diego County :h0'Ws �t� Jan fire ri of Mountain, about 15 miles northeast of downtown San Diego, a forced The fire forced residents of tM Highland Mobile Home Park t, said Suer tee Fire Department dispatcher �muoinds, Jane Rolin. ling room on the Pa grounds, but bu' L It was like looking at the pictures of Yellowstone Park. — Ruth Meier, manager, mobile home park Those flare -ups were quickly doused, but one house sustained moderate damage, she said. There was no estimate of damage. The blaze. reported at 1:15 p.m., was caused by arcing power lines, she said. The fire was 70 percent contained by 7 p.m, One firefighter was treated at a hospital for heat - related injuries and released. Rolin said. Twenty to 30 homes were evacu- passed by without causing damage Rohn said. The plume was visible from downtown San Diego. Firefighters from the California Department of Forestry assisting firefighters from Santee, San Die. go and La Mesa had to contend with temperatures around 104 de- grees and extremely dry air, said CDF spokeswoman Audrey Hagen. "The humidity is just 16 percent and the hRat out there is oppres- sive," Hagen said. The find closed Mission Trails Regional Park and a 1% -mile stretch of Mission Gorge Road. "The fire was all round the courts." said Ruth Meier, manager Of Highland Mobile Home Park, "It was hke looking at the pictures of Yellowstone Park" where fires have been raging this summer. Firefighters protected the courts with fire retardant and there was no significant damage there , she said. Residents returned about 4:30 p.m. The fire left the hills blackened "but we're all OK," she said. i PRIMARY PLUS PRIVATE ELEA/ENTARY EDueArION Smell Classes. lrid/vldual Program Leaming At Chi&,$ Own pace • KINDERGARTEN THRU 6TH GRADE — PRIVATE CLASSES • EXTENDED DAY CARE FOR SCHOOL AGE CHILDREN • FULLY ACCREDITED STAFF 6 FACILITIES • BALLET - TAP 6 TUMBLING INSTRUCTION OPEN 6:30 AM to 6 PM SAN JOSE A[W RATOGA W iMBER DRNE SCHOOL ITO SCHOOL 40d 248-2184 370 -0367 aL 3500 AMBER DR S.J UCKNALL RO E. near A brush fire closes y More Than Just a Binoculars • spotting Scope Globes • Weather Instrurncn Microscopes • Magnifiers Books e T-shirts • Caps Astronomical a terrestnai telescopes. Binoculars for astronomy, backpacking, birdwatching, boating, g sports. Scientific gitis. games. 6 toys. Of % hundreds Of othery =:' fascinating items' i Ali price ranges. 010N 1000149 '{ at ! EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL — / /4- MEETING DATE: 10 -19 -88 ORIGINATING DEPT: ENGINEERING I SUBJECT: FINAL MAP APPROVAL FOR SDR 1470 PARK DRIVE, RAISA KOCHER AGENDA ITEM 4F CITY MGR. APPROVAL Recommended Motion: , Approve Resolution 1470 -04, attached approving Final Map for SDR 1470. Report Summary: 1. SDR 1470 is ready for Final Map Approval. 2. All requirements for Final Map are approved. 3. All fees have been paid. Fiscal- Impacts: None. Attachments: I. Resolution No. 1470 -04. 2. Resolution approving Tentative Map- 3.-Location Q Map. Mo t i Oil &-vote 7rovement Agreement . 10/19• Continued to 11/2,3 -2 (Peterson, Nbyles opposed). RESOLUTION NO. 1470 -04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Raisa Kocher The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 0.586 Acre and 0.519 Acre Parcels shown as A and B'on Final Parcel Map prepared by Westfall Engineers and submitted to the City of Saratoga, be approved as two (2) individual building sites. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day.of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR s- Building Site Approval 6le No. SD -1470 RESOLUTION NO -SOB- 1470 -2 \" ------ . -._- -- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING EXTENSION OF TIME IN WHICH TO COMPLETE REQUIREMENTS OF BUILDING SITE APPROVAL APN 510 -1 -12, 517 -22 -37 WHEREAS, a Building Site Approval for George and Raise Kocher for 2 lots has been filed with the Planning Department of the City of Saratoga; and WHEREAS, the construction requirements and conditions set forth as Exhibit A attached hereto Must be fulfilled as set forth in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED that 1. The proposed Building Site Approval, together with the provisions for its design and improvement, is consistent with the General Plan of City of Saratoga; the 2. The Planning Commission grants an extension of time to SO -1470, Kocher, for 12 months in which to complete the conditions listed in Exhibit A; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Saratoga hereby expressly finds that the fulfillment of said construction requirements and conditions are necessary for reasons of public health and safety and as a prerequisite to the orderly development of the area surrounding the property referred to herein. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of January, 1987, by the following roll call vote: AYES: Burger, guch, Harris, Pines, Siegfried, Tucker NOES: ABSENT: Callans ATTEST: Chairmen, Planning COMMi..i n 4S,.�tary.Plannin�C,--'l .i.n A:SDR -1470 • EXH'I'BIT 'A - I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, includi without limitation, the submission of a Record of Survey or Parcel Map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effe at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable health Department regulations -and appl cable Flood Control regulations and requirements of the Fire Department. Referenc is hereby made to Ordinance for further particulars. Site approval in no way excu compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordi nance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - PUBLIC WORKS DEPARTMENT A. one;' A. Pay Storm Drainage Fee in effect at the time of obtaining Final B. Approval. B. Submit "Parcel Map" to City for checking and recordation and recordation fees) (If is parcel shown on existing mapaofrrecord, submitng three (3) to -scale prints). C. Done (See Parcel'Ma ' P)• C. Submit "Irrevocable Offer of Dedication" to D. See Parcel Map. provide for a 30 ft. half- street on Piedmont Rd. and Park Drive. D. Submit "Irrevocable Offer of Dedication "_ t0 provide easement as_ required—_ E. Improve Piedmont Rd. and Park Dr. to City Standards, including the following: (Deferred Improvement Agreement) 1. thru 4 – see Deferred Improvement Agreement. I. Designed Structural Section 26 ft. between centerline and flowl ine. D. I.A. 2. Asphalt Concrete Berm on Park Dr. D.I.A. 3. P.C. Concrete Curb and Gutter (V -24) on Piedmont Rd. D.I.A. 4. Undergrounding existing overhead utilities. D.I.A. F. Construct Standard Driveway Approach. D.I.A. G. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. wide at street paving. Use double seal coat oil and screenings or better on 6 in. aggregate base. H. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Public Works. I. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. J. Watercourses must be kept free of obstacles which will change, retard or prevent flow. k. & 1. – with building permit. K. Obtain Encroachment Permit from the Santa Clara Valley Water Distri to be done within the Water Districts ct for work right -of -way, L.. Obtain Encroachment Permit from the Department of Public Works for driveway approaches or pipe crossings of City Street. M. 'thru O. — See Deferred M. Engineered Improvement Plans required for: D.I.A. .Inprovement Agreement. 1. Street Improvements D.I.A. 2. Storm Drain Construction D.I.A. N. Pay Plan Check and Inspection Fees as determined from Improvement Plans. 0. Enter into "Deferred Improvement Agreement" for the required improvements III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional in accordance C with letter from William Cotton & Assoc., dated November 10, 1983 prior to With Building Permit. issuance of building permits. B. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities). 2: Drainage details (conduit type, slope, outfall, location, etc.) Provide private drainage easements to Parcel "A ". 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft. or higher. 4. Erosion control measures. S. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. IY. SPECIFIC CONDITIONS - SANTA CLARA COUNTY SANITATION DIST. NO. 4 A; , With' Building Permit. A. Sanitary sewers to be provided and fees paid in accordance with requirements of Sanitation District No. 4 as outlined in letter dated August 18, 1980. B. See Parcel Map' B. Provide easements for building sewers from Parcel B for Parcel A in accordance with letter dated August 18, 1980. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Construct driveway 14 feet minimum width, plus one -foot shoulders using double *seal oraccess and proposedgdwelling. inch exceedul2h% watt out adhering to the following: 1. Driveways having slopes between 12h% to 15% shall be surfaced using 2�" of A.C. on 6 inch aggregate base. With Building Permit. 2. Driveways with greater slopes or longer length will not be accepted. 3. All bridges and roadways shall be designed to sustain 35,000 lbs. dynamic loading. 6. Construct a turnaround at the proposed dwelling site having a 32 foot inside radius. Other approved type turnaround must meet requirements of the Fire Chief. Details shall be shown on building plans. C. Driveway shall have a minimum inside curve radius of 42 feet. rnn i.�n J D. Provide a parking area for two (2) emergency vehicles at proposed building site. or as required by the Fire Chief. Details shall be shown on building plans. E. Extension of existing water system adjacent to site is required for fire pro- With Building tection. Plans to show location of water mains and fire hydrants.. permit, F. Provide 15 foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. G. Developer to install 1 hydrant that meets Saratoga Fire District's specifica- tions. Hydrant to be installed and accepted prior to issuance of building permits. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation Dist. No. 4. for Parcels A and S. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled in accordance with County C. Done. Standards. A $400.00 bond is to be posted to ensure completion of this work. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. If a storm drain outfall into the creek is necessary, it must be designed to minimize number of future outfalls necessary. Furnish all outfall structure details for review and issuance of permit prior to Final Approval. B. Dedicate right -of -way along entire creek frontage, to Santa Clara Valley Water District per letter and map dated September 3, 1980. C. All grading adjacent to the Santa Clara Valley Water District right -of -way to be done in accordance with sheets 20 -20B of said agency. Details of grading to include the cross - sectional view at the right -of -way and are to be shown on the Improvement Plans. Plans to be submitted to Santa Clara Valley Water District for review and permit issuance prior to construction. Utility crossings to be With Building designed in accord with Santa Clara Valley Water District Sheets 21 and 22 and permit, sewer lines within 15 feet of creek section to be steel or cast iron. D. -Applicant shall, prior to Final Map Approval,•submit plans showing the location and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. E. Road crossings to be designed so as not to obstruct flood flows. F. First floor of house adjacent to floodplain to be at least 2' above the natural ground elevation at the fl oodplain limit shown. G. Any utility crossings of creek to be make with ductile iron pipe or equivalent and the top of pipe to be at least 4' below existing creek bottom. * H. Any modificatiors to the creek channel are to be reviewed and approved by staff in order to keep the riparian area as natural as possible. VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. - inln n Al 1 B.. Any modifications to the Site Development Plan shall be subject to.Planning Commission approval. C. Prior to issuance of building permits, individual structures shall be reviewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive.or natural heating or cooling opportunities on the building site. IX. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. The foregoing conditions are hereby accepted Signature of Applicant Date SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO Storm Drain Fees Park & Recreation Fees Plan Check & Inspection Fees SDR No. 1470 $2:,;200.00 $2,600.00 $ 200.00 Final Map Check Fees $ 300.00 REPORT TO PLANNING COMMISSION SDR- 1470.3 15139 Park Dr. Request for an Extension of Time Kocher 7 It ;ISO -tt -93 11 20105 517-21-01 . MENDELSOHN LN. N� Mgt 71w'G71 -G7 ♦, 9310-01-ZS SIC -o / -26 (u DFFERRFD 114PROV17D1BN,r naRrl:PU;NT By oaNrR OR HIS SUCCESSORS IN 1NTERl:ST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS Project identification: S� /',f 7c This agreement between the CITY OF SARATOGA, hereinafter referred - to as CITY, and /r,-,-, 3 %7 e hereinafter referred to as 'Owner ". WHEREAS, Owner desires to develop the property described in Exhibit "A" but wishes to defer construction of permanent improvements beyond the time limits otherwise required and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title and posses- sion of the real property described in Exhibit "A ". All the terms, cove- nants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon any sale or division of the property described in Exhibit "A ", the terms of this agreement shall apply separately to each parcel and the owner of each parcel sh$11 succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: The public interest is served by having all improvenents along Park Drive & Piedmont Road done at one time, that time to be determined in the future. B. Owner agrees to construct the following improvements on the pro- perty described in Exhibit "A" as well as required off site improvements in the manner set forth in this agreement: Improvements required by City Department of Public Works are gen- erally described on Exhibit "A ". (Cross out improvements that arc not re- quired.) 1. Curb and gutter 2. Sidewalks 3. Driveways .t 4. Street grading, base and paving 5. Storm drainage facilities 6. Erosion control plantings and facilities 8. Undcsground conduit with wi.•ing and pull boxes 9. Barricades and other improve- ments needed for traffic safety 10. Street trees and other improve- ments between curb and property 11. Relocation of existing fences, signs and utilities 12. Payment of a pro rata share of the costs as determined by the Dept. of Public Works of a st-orm drainage or street improvement which has been, or is to be, provided by others or jointly provided by owner and others where such facility benefits the property described in Exhibit "A" - i C. W1IV1I Lhc D rcc:t.ur of 1'uh I is Wui:ks dvLcrin l n C:: Lha[ Lhe rt:aSC)S I for the deferment oC Lhe isgir0vcmcnts as set forth in Section II 110 longer exist, he shall notify Owner in writing; to commence Lheir insta113Li.on and construction. The .noLic'e •sliall lc mailed. to the current owner or o4mers Of the land as shown on Lhe latest adopted county assessment roll. The' notice shall describe the work to be done by owners, the time within which the work shall commence and Lhe time within which it shall be completed. All or any portion of said improvements may be required at' a specified time. Each Otmer shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall include the amountto be paid and the time when payment must be made. III. PEW'OR,tANCE OF THE WORK Owner agrees to perform -the work and make the payments required by City as set forth herein or as modified by the City Council. Owner shall cause plans and specifications for the improvements to be prepared by com-* petent persons legally:_qualified to do the work and to submit said improve ment plans and specifications for approval prior to commencement of the work described in the notice, and to pay City inspection fees. 'The work shall be done in accordance with City standards in effect at the time the improvement plans are submitted for approval. .Owner agrees to coarnence and complete the work within the time specified in the notice given by the Director Of Public Wprks and to notify the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements re- quired under this agreement, City may, at its option do the work and colle all the costs from Owner, which costs 'shall be a lien on all, the property described in Exhibit "A" hereof. Permission to enter onto the property of the Owner is granted to City or its contractor as may be necessary to construct such improvements. IV. JOINT COOPFRATIVE PLAN ' Owner agrees to cooperate•upon notice.by City with oche= property .owners, the City and other public agencies'to provide the *provements set forth herein under a joint cooperative plan including the formation Of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. V REVIE14 OF REOUIREMENTS If Owner disagrees with the requirements set forth in any notice to commence installation of improvements he shall, within 30 days of the date the notice was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both the.City and the Owner. VI AfAi;;TENAt7CF. OF ITIPROVE;TENTS City agrees to accept for maintenance those improvements specified in Section II which are constructed and completed in. accordance with City standards and requirements and are installed within rights -of -way or ease - menLs dedicated and accepted by resolution of the City, after the expira- tion of one year from date of satisfactory completion, Owner to maintain Said improvemenLS at 06mer's sole cost and expense at all times prior to such acceptance by City. O­ncr agrees to provide any necessary temporary drainage facilities, access road or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City aCcncy for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. •'1 a VII. BONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a faithful performance bond and .n labor and materials bond in an amount and form acceptablelto City,-to be released by City Council in whole or in part upon completion of Llie work required and payment of all persons furnishing labor and materials ill the performance of the work. VIII. I \SURANCE Owner shall maintain or shall require any contractor engaged to perform the %.ork to maintain, at all times during.the performance of the work called for herein, a separate policy of insurance in a form and amount acccpLable to City. IX. INDEZ, NNITY The Owner shall assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to , property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, con - .tractors, subcontractors, or his employees, agents, contractors, subcontrac- tors, or anyone directly or indirectly employed by either of them, or • arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non- performdnce' of the work. IN WITNESS WHEREOF, City has executed this agreement as of CITY OF SARATOCA MAYOR IN WITNESS WHEREOF, Owner has executed this agreement as of Owner STATE OF CALIFO"IA �`/' CUUntY u� / p— L 1 Orr l �r �Y 1 � 1 y befure rue, y.Nutary public, its andfur said State, penorwlly appeared rusted to me on the basis of satisjnctury evidence to be the persurr_ whose name _/A�_ Atbscribed to the within instru- ment, and acknowledged to rn"wt�he_cxecufed the Larne. MILESS RANKIN • NOTARY PUBLIGCAUFORNM SANTA CLARA C0'X1' KY CoKm. EXP.MA .d NO'CAkY PUBLIC I "'ZCV� - 177)MONT RC +D +ND "+RK DRIVE TC ''7T° 3T' " -)+7^ 'g 7CLU ", *S : 1) Designed ,tructur3l Fection 26 °t. between centerline and flowline. 2) sp`al t concrete Bern on ,ark Drive. 3) '.C, concrete curb and 7utter (V -2,) on "iedmont Rd. Underground existing overhead utilities. Construct -torm dr7in. c EXHIBIT "A" That certain property situated in the City of Saratoga, County of Santa Clara, State of California, rmre particularly described as follows: The Parcel A and B shown on Parcel Map prepared by Westfall Engineers and recorded in Book of Maps at Pages in the County of Santa Clara. EXHIBIT "B" Inprove Piedmont Road and Park Drive to City standard as follows: 1) Designed structural section 26 ft. between centerline and flowline. 2) Asphalt concrete berm on Park Drive. 3) A.C. concrete curb and gutter (V -24) on Piedmont Rd. 4) Underground existing overhead utilities. 5) Construct storm drain. 1 REPORT TO MAYOR AND CITY COUNCIL SUBJECT: DATE: 11 -22 -88 COUNCIL MEETING: 12 -07 -88 SDR -1470 Kocher /Allen Park Drive /Piedmont Read At your Nov. 2, 1988 meeting the Final Map for the above SDR was presented for your approval. Councilmember Stutz questioned the accuracy of the topography on which the Tentative Map Approval was given. Council instructed staff to review and verify that data. We requested the applicant to have a new topography map prepared, to present cross-sections of the property from that map. In addition, they were to compute the average slope of the property and the slopes under the proposed building foot print. They have provided all that information.and it does show that the slope information on which the Tentative Map Approval was given was inaccurate. The information provided at the time of tentative approval was that the average site slope was 9.82% and the average slope under proposed building was 27% with a maximum slope of 33% at any point. The new information is that the average site slope is 13.5% and that the maximum slope at any point under the proposed structure is 62%. Had it been clear that the average slope of this site was in excess of 10% it would have triggered the use of the slope - density formula. Using that formula the area per parcel would be 1.2 acres. Inasmuch as this site has a total area of 1.1 acres, it could not have been subdivided without grant- ing a variance to the area requirements. No such variance was applied for or discussed. New requirements have been added to the R -1 Zoning regulations which would add more restrictions that would disallow this lot aplit but they were added after the tentative approval of this map. Page 2 Draft SDR -1470 Report to Mayor /CC Based on the new information it is apparent that the tentative approval was granted based on faulty data provided to the City by the applicant. Due to that, staff recommends that the Tentative Map Approval be rescinded and, therefore, that Final Map Approval not be granted. All fees and bonds submitted to the City in connection with the Final Map Approval shall be returned to the applicant. Shook Cit Engineer RSS /df #0999, SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: 10 -19 -88 CITY MGR. APPROVAL L9 ORIGINATING DEPT: ENGINEERING DEPT. SUBJECT: FINAL BUILDING SITE APPROVAL SD 88 -009 Sobey Road, Mark Pierce (1 Lot) Recommended Motion: Approve Resolution No. SD 88- 009 -02 attached, approving Final Building Site. Report Summary: 1. SD 88 -009 is an addition to existing house and ready for Final Building Site Approval, 2. All requirements for City and other departments have been completed. 3. Fees have been paid. Fiscal Impacts: None. Attachments: 1. Resolution No, SD 88- 009 -02. 2. 'Resolution Approving Tentative Map. 3.. Location Map. 4. Differed Improvement Agreement. Motion and Vote: C/ q Ila RESOLUTION NO. SD 88 -009 -2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF NBC PIERCE The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: 1.08.Acre Lot shown on Record of Survey prepared by Park L. Verner and recorded in Book 56 of Maps, Page 43 in the Santa Clara County Recorder's Office and submitted to the City of Saratoga to be approved as one individual building site. The above and.foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK 19 by the following MAYOR 2. Done. 3. N. A. RESOLUTION NO. SD -88 -009 RESOLUTION APPROVING TENTATIVE MAP OF Building Site of one lot at 1295 8obey Road WHEREAS, application has been made to the Advisory Agency under the subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative map approval of one (1) lot, all as more particularly set forth in File No. SD -88 -009 of this City, and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga-General Plan and with' all - specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated 7/27/88 being hereby made for further particulars, and WHEREAS, this body has heretofor received and considered the (Categorical Exemption) prepared for this project in accord with the currently applicable provisions of CEQA, and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth. 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; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated April, 1988 and is marked Exhibit A in the hereinabove'referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. Submit "Parcel Map" to City for checking and recordation (Pay required checking and recordation fees). (If parcel is shown on existing map of record, submit three (3) to -scale prints.) 2. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. half- street on'Sobey Road. ;.. 3. Submit "Irrevocable Offer of Dedication" to provide easements, as required. n'.4- 4. Improve Sobey Road to City standards, including the following: 4. a, b, c. - Yes. 5. with building plans. 6. with building plans. 10. thru 15. See Differred Improvement Agreement 16. with building plans. 18. with building plans. SD -88 -009, 15295 Sobey Road (a) Asphalt concrete berm (D.I.A). '(b) Pedestrian walkway (6 ft. A.C., 4 ft. P.C.C.) (D.I.A). (c) Underground existing overhead utilities (D.I.A). 5. Construct standard driveway approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6" aggregate base. 6. Construct "valley gutter" across ldriveway or pipe culvert under driveway as approved by the City Engineer. 7. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. 8. Watercourses must be kept free of obstacles which will change, retard or prevent flow. 9. Protective planting required on roadside cuts and fills. 10. Obtain encroachment permit from the Engineering Department for driveway approaches or pipe crossings of City street (D.I.A.). 11. Engineered improvement plans required for street improvements 12. Pay plan check and inspection fees as determined from improvement plans (D.I.A.). 13. Enter into improvement agreement for required improvements to be completed within one (1) year of receiving final approval (D.I.A.). 14. Post bond to guarantee completion of the required improvements (D.I.A.). 15. Enter into "Deferred Improvement Agreement" for the required improvements marked "D.I.A." 16. An automatic fire extinguishing system, sprinklers, are required in the proposed three car garage. 17. Provide approved spark arresters on chimneys. 18. Detailed on site improvements plans showing::•_ a. grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quanities) b. Drainage details (conduit type, slope, outfall, location, etc.) 19. existing. 20. existing. 21. none. H SD -88 -009; 15295 Sobey Road c. Retaining structures including design by A.I.A. or R.C.E. for walls feet or higher. Length and height (measured from base of footing to any top of wall) to be noted on plan. d. Any existing structures, with notes as to remain or be removed. e. Standard information to include titleblock, plot plan using recorded data, location map, north arrow, sheet nos., owner's name, etc. f. Breakdown of square footage into the following catagories other requiremets 1) garage /storage 2) living space 3) decks and patios 4) any other structure. 19. A sanitary sewer connection will be required. 20. Domestic water shall be supplied by San Jose Water Works.-'-,--,.'/'. 21. Prior to final map approval the applicant shall submit plans showing the location and intended use of any existing wells on the lot, to the Santa Clara Valley Water District for review and certification. N,- �1 G 22. No tree removal is permitted unless in accordance with the City Ordinance Article: 15 -50. 23. The accessory structures on slab at the west shall be removed prior to final inspection. Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed 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 ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of July, 1988 by the following vote: t c SD -88 -009; 15295 Sobey Road AYES: Guch, Harris, Burger, Siegfried, Tucker, Kolstad NOES: None ABSENT: Tappan ATTEST: ,^ , kAU-, Chairman, Planning emmission S creta ing Commission Applicant's Signature Date aEC��vEp AuG ' Q 1�ge PANNING OE ?j LOCATION MAP S3� 88- 009 DF71:4RFD IMPROvr-mEN,r ACRRI ?114Mr ny OWN[:R OR IIIS SUCCESSORS IN 1NTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROMtENTS SD 88 -009 Project identification: SD 88 -009 This agreement between the CITY OF SARATOCA, hereinafter referred to as CITY, and MARK PIERCE hereinafter referred to as 'Owner". WHEREAS, Owner desires to develop the property described in Exhibit "A" but wishes to defer construction of permanent improvements beyond the time limits otherwise required and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS ACREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title and posses- sion of the real property described-in Exhibit "A ". All the terms, cove- nants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon any sale or division of the property described in Exhibit "A ", the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: The public interest is served by having all improvements along Sobey Rd. in this area done at one time, that time to be determined in the future. B. Owner agrees to construct the following improvements on the pro- perty described in Exhibit "A" as well as required off site improvements in the manner set forth in this agreement: Improvements required by City Department of Public Works are gen- erally described on Exhibit "A ". (Cross out improvements that are not re- quired.) Aacx It2r :ftxx 4. Street - grading, base and paving S. Storm drainage facilities 6. Erosion control plantings and facilities 3xxxf0LV*0CQ&&0= 8. Underground conduit with wi.-ing and pull boxes 9. Barricades and other improve- ments needed for traffic safety 10. Street trees and other improve- ments between curb and property 11. Relocation of existing fences, signs and utilities 12. Paynunt of a pro rata share of the costs as determined by the Dcpt. of Public Works of a st.orm drainage or street improvement which has been, or is to be, provided by others or jointly provided by owner and others where such facility benefits the property described in Exhibit "A" C. l,hcn Lhc W rec t.ur uC I'ulil is lcurlcs dcLcrminc:;: L113C the rc:asc,ns for the de(crmcnC oC the improvements as Set forth in Section II nn lung; exist, he shall notify Owner in writing to commence their installati.on ar construction. The•notic•e•shall IM mailed.to the currant owner or owners or the land as shown on the laCest.adopted county assessment roll. The notice shall describe the work Co be done by owners, the time within whic the work shall commence and the time within which it shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of tl improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall inclul the amounttD be paid and the time when payment must be made. III. PERPOR,%LANCE OF THE WORK Owner agrees to perform -the work and make the payments required by Ci:,� as set forth herein or as modified by the City Council. Owner shal cause plans and specifications for the improvements to be prepared by co petent persons lcgally:;qualified to do the work and to submit said impro ment plans and specifications Tor approval prior to commencement of the work described in the notice, and to pay City inspection fees. 'The work shall be done in accordance with City standards in effect at the time th improvement plans are submitted for approval. .Owner agrees to commence and complete the work within the time specified in the notice given by t Director Of Public Wgrks and to notify the City at least 48 hours prior start of work. In the event Owner fails to construct any improvements r q uired under this agreement, City may, at its option do the work and col all the costs from Owner, which costs shall be a lien on all. the propert described in Exhibit "A" hereof. Permission to enter onto the property of the Ocrner is granted to City or its contractor as may be necessary to construct such improvements. IV. JOINT COOPERATIVE PLAN ' Owner agrees to cooperate-upon notice.by City wit1h other property owners, the City and other public agencies'to provide rlha improvements set forth herein under a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure tt installation and construction of the improvements. V REVIEW OF REOUIREMENTS , If Ou-ner disagrees with the requirements set forth in any notice to cor=ence installation of improvements he shall, within 30 days.of the date the notice was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both the City and the Owner. VI MAINTENANCE OF ItMROMMNTS City agrees to accept for maintenance those improvements spegifie, in Section II which are constructed and completed in. accordance with Ci standards and requirements and are installed within rights -of -way or ea mcnLs dedicated and accepted by resolution of the City, after the expir tion of one year from date of satisfactory completion, Owner to maintai said improvericnLS at 06rner's sole cost and expense at all times prior t such acceptance by City. 0:.-icr agrees to provide any necessary temporary drainage facili.ti access road or other required improvements, to assume responsibility fo the proper fu.•utioning tlicrcof, to submit plans to the appropriate City aCcncy for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or healtL or damage to adjoining property. W+ VII - BONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a 'faithful perforinn6cc bond and -n labor alid materials bond in an aniount and form acceptable Ito City,. to be released by City Council in whole or in part upon completion of Llte work required and payment of all persons furnishing labor and materials in the Performance of the work. VIII. INSLIRANCE Owner shall maintain or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein, a separate policy of. insurance in a form and amount accopLable to City, IX. INDE;MITY The Owner shall assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to , property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, con- tractors, subcontractors, or his employees, agents, contractors, subcontrac tors, or anyone directly or indirectly employed by either of them, or arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non - performance of the work. IN 14ITNESS WHEREOF, City has executed this agreement as of CITY OF SARATOGA MAYOR IN 14ITNESS WHEREOF, Owner has executed this agreement as o /l2 L Owner (This document to be acknowledged with signatures as they appear on dced'_nL ririn 1 STATE OF CALI10RNIA , (:�wrry of On _ T � ' 1 % 3� LeJu rr r,r r, m and fur i,tid Starts, pvri,mJ1y jppcarcJ / /�CrOIGX_ Proved to me urr the b,isri eeidrncc to Lr drr Prriun_ udrusr name _<11Q_ subscribed to the within insfru me't' �nJ ,tc kr'"u�IrJ�,e me /th�,,t he r.arutud the s�nrr. Nu'IARY NU BLIC NILiSL s orgy �KKIN SANTA ciARA "uFOa EkP..41Y ;C C01lI' EXHIBIT "A" That certain property situated in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: The land designated 1.08 acres parcel shown on Record of Survey prepared by Park L. Verner (L.S.) recorded in Book 56 of Maps, Page 43, Santa Clara County Recorder's Office. EXHIBIT "B" 1. Construct Sobey Road to provide 20+ feet at half street between centerline and face of asphalt concrete berm. 2. Construct storm drain per Master Plan. 3. Construct Walle Way. 4. Underground existing overhead utilities. ` 0 SARATOG/A CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: October 19, 1988 CITY MGR. APPROVAL JI)W ORIGINATING DEPT: City Manager SUBJECT: ABAG Workers' Compensation Insurance Pool Recommended Motion: Adopt Resolution No. authorizing the City to join the ABAG Workers' Compensation Pool effective January 1, 1989; authorizing self insured status for workers compensation liabilities; and authorizing the City Manager to act for the City in filing a cer -. tificate of consent to self insure with the California Department of Industrial Relations. Report Summar The City of Saratoga has the opportunity to join with seven other agencies in the bay area to enter into a joint powers agreement to form a self- insured pool for workers' compensation insurance coverage. Actuarial studies have determined that such a group is feasible and will be of benefit to the members. Saratoga currently participates in two other ABAG joint powers pools, for employee health insurance and City liability insurance. Experience with both pools has proven to provide both cost savings and better claims management. Premium cost for the first year will be approximately $116,000. Fiscal Impacts: ABAG projects cost savings in the first year to be between $15,000 and $35,000, depending on the City's claims experience. Attachments: 1. Staff Report 2. Resolution No. Motion and Vote: co s�4 o�o0 00 0� 0 000 1: 3777I�R1 'I "1��'.U.l::\V'I�,NI'I�. • �.A IZ, A "l�O(i.A,(:,ALII�OIZNI. ♦S)iO7O (408) 867- :34:38 COUNCIL MEMBERS: Kaien Anderson Martha Clevenger October 19, 1988 David Moyles Donald Peterson Francis Stutzmao To: City Council From: Administrative Assistant Subject: ABAG Workers' Compensation Pool Recommended Action: Adopt Resolution No. authorizing the City to join the ABAG Workers' Compensation Pool effective January 1, 1989; authorizing self insured status for workers compensation liabilities; and authorizing the City Manager to act for the City in filing a certificate of consent to self insure with the California Depart- ment of Industrial Relations. Background• As a result of seeing workers' compensation rate increases of as much as 50% in the last five years, members of the Association of Bay Area Governments (ABAG) over the past year have been discuss- ing the feasibility of forming a self- insured group workers' compensation program. The program is designed to enable members to gain control over their rising coverage costs by pooling self- insured losses, establishing effective loss control pro- grams, and instituting sound and aggressive claims management. Actuarial studies determined that such a self- insured group (composed of the cities of Saratoga, Dublin, Los Altos Hills, Suisun City, the Contra Costa County Transit Authority, and special districts Bay Area Air Quality Management, San Francisco Redevelopment Agency, and ABAG) is feasible and will be of bene- fit to the members. The pool will form January 1, 1989, and is in a position to go forward whether or not Saratoga joins. Saratoga is a member of two other insurance pools through joint powers agreements with ABAG. In 1985 Saratoga became one of the first agencies to participate in the ABAG Benefits Trust Health Plan providing employee health insurance, and since 1986 we have been in the ABAG Plan for liability insurance. The experience with both of the pools has been very positive, as we have real- ized both cost savings and better claims management. To: City Council Page 2 Subject: ABAG Workers' Compensation Pool October 19, 1988 Analysis: Currently the City's workers' compensation insurance is carried by the State Compensation Insurance Fund. Advantages which the ABAG pool is expected to provide over our current carrier include a reduction in the overall cost of standard claims through ag- gressive claims management and avoidance of the extremes of the standard insurance market since premium charges will be based on the member's experience, not that of the entire state. ABAG's claims department will handle claims of the pool members and work closely with the member agencies. Premium costs for each member agency will be calculated individu- ally by rates established for existing workers' compensation classification codes with credit or debit given for experience, using the same formulas for experience modification that are currently used by State Fund. In addition, each member share of the purchase of excess insurance at the $250,000 level, claims administration, actuarial services, audit costs, and other gener- al administration costs will be part of the annual premium cost. (See attachment) The premium cost for the first year is expected to be approxi- mately $116,000, about $17,000 less than that with State Compen- sation. These figures are based on our past claims history. There is no way to predict what our future claims experience will be, and therefore the premium is subject to retrospective adjust- ment of credit up to 25% or a debit to 75 %. The decision to join the ABAG Workers' Compensation pool is a three year commitment during which time no member agency will be allowed to cancel. The City Attorney has reviewed and approved the documents for setting up and becoming a part of the joint powers agreement. arolyn King Jm Attachments SUMMARY OF COSTS ABAG WORKERS' COMPENSATION POOL 1. Cost of the program (deposit premium): See attached. 2. Included in the premium cost: • claim administration • loss control programs • actuarial services • audit costs • allocated loss adjustment expenses (attorneys, investigations, etc.) • general administration of the pool • excess insurance at $250,000 level with a $5,000,000 per occurrence limit 3. Not included in the premium cost: • retrospective premium adjustment, when applicable • special adjustments, when applicable 4. Why it is to an ABAG member's advantage to be in the pool rather than self- insure on its own: • there is sharing or risk, rather than assuming the entire risk • administration is done by ABAG • services and excess insurance are purchased jointly, thus reducing cost and giving greater selection of providers SUMMARY ABAG WORKERS' COMPENSATION POOL 1. What is included in the development of the premium? The premium development is comprised of several factors: a. Pure premium. This is the rate per $100 of payroll for each workers' compensation (WC) classification determined by the actuary to pay for expected losses. b. Administrative Premium. This is the amount paid by each member for the administrative costs of the program. These costs include: general administration of the pool; claims administration of all claims for all members; actuarial costs; audit costs; loss protection costs; and allocated loss adjustment expenses (attorneys, investigation, etc.). C. Excess Insurance Premium. This is the amount paid for the purpose of excess insurance over the self- funded layer to a limit of coverage of $5,000,000 each occurrence. d. Adjustment Premium. This is the amount to be calculated annually as a retrospective adjustment of actual loss reserves to actual losses. This amount may be a credit of up to 25% or a debit to 75 %. _ - e. Special Assessment. This is an amount calculated when pure premium and the retrospective adjustment are not sufficient to provide for loss payments. 2. What are the advantages of the program? The self- insured program will provide several advantages to prospective members. Included are: a. Joint purchase of services such as loss control, claims administration and actuarial studies. On a group basis these essential services are much more affordable, and the individual member will have a greater selection of potential service providers, since the pool will have greater earnings. b. Reduction in the overall cost of standard claims through aggressive claims management. The members will benefit, since their own claim administrator specializes in public entities, the State Fund. Also, since the members will handle their ,unlike own claims administration through the self- insured fund, they can guarantee that the claims -to- adjuster ratio is maintained at a reasonable level. The State Fund has a tendency to overload inexperienced adjusters, which can have an adverse effect on claims handling. C. Promotion of awareness of risk management and loss control as tools to reduce the ultimate cost of risks. d. Avoidance of the extremes of the standard insurance market. The premiums charged will be based on the members' experience, not that of the entire state. e. Sharing of large loss costs, thus enabling members to defray a portion of their own severe loss costs, rather than forcing them to deplete reserves for truly fortuitous losses. f. Moderate pool experience will produce a surplus reserve fund. The primary purpose of the fund will be to help defray the cost of large future losses. As a result, this will help to keep premium levels from sudden increases. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY TO BECOME SELF - INSURED FOR WORKERS COMPENSATION LIABILITIES AND TO ENTER INTO A JOINT POWERS AGREEMENT TO FORM THE ABAG WORKER'S COMPENSATION INSURANCE POOL WHEREAS, the City has studied the feasibility of increased benefit to the City through improved claims management by becoming self- insured for workers compensation liabilities and by entering into a Joint Powers Agreement with the Association of Bay Area Governments, NOW, THEREFORE, BE IT RESOLVED that 1. The City of Saratoga is authorized to become self - insured for workers' compensation liabilities 2. The City Manager is authorized to act for the City of Saratoga in this regard 3. The City of Saratoga is. authorized to enter into a Joint Powers Agreement with ABAG and other agencies to form a self- insured workers compensation insurance pool. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 19th day of October, 1988, by the following vote: AYES: NOES: ABSENT: MAYOR ATTEST: DEPUTY CITY CLERK c�, ►� SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. � AGENDA ITEM •MEETING DATE: 10 -19-88 .4 CITY MGR. APPR VAL ORIGINATING DEPT: -IlHEERII��G t4,,,,d. SUBJECTS FIB' MP APPRC'IAL FOR SDR 1470 ' PARK DRIVE, RAISA KOC HER Recommended Motion: tion_ , Ak=ve Resolution 1470 -04, attached approving Final. Map for SDR 1470. Report Summary: 1. SDR 1470 is ready for Final Map Approval. 2. All requikements for Final Mep are approved 3. All fees have been paid. • Fiscal• Impacts : Attachments: 1. Resolutions No. 1470 -04.. 2. Resolution approving Tentative Map. 3. •Loaatien Map. Moti�h DAf pyrov,,msnt Agreement. RESOLUTION NO. 1470 -04 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Raisa Kocher The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 0.586 Acre and 0.519 Acre Parcels shown as A and B on Final Parcel Map prepared by Westfall Engineers and submitted to the City of Saratoga, be approved as two (2) individual building sites. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK r MAYOR 1 Building Site Approval �ile No. SO- 1470 \. RESOLUTION NO.SDR-1470 -2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING EXTENSION OF TIME IN WHICH TO COMPLETE REQUIREMENTS OF BUILDING SITE APPROVAL APN 510 -1 -12, 517 -22 -37 WHEREAS, a Building Site Approval for George and Raise Kocher for 2 lots has been filed with the Planning Department of the City of Saratoga; and WHEREAS, the construction requirements and conditions set forth as Exhibit A attached hereto must be fulfilled as set forth in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED that I. ' The proposed Building Site Approval, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Saratoga; 2. The Planning Commission grants an extension of time to SO -1470, Kocher, for 12 months in which to complete the conditions listed in Exhibit A; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Saratoga hereby expressly finds that the fulfillment of said construction requirements and conditions are necessary for reasons of public health and safety and as a prerequisite to the orderly development of the area surrounding the property referred to herein. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of January, 1987, by the following roll call vote: f AYES: Burger, 'Guch, Harris, Pines, Siegfried, Tucker NOES: ABSENT: Callans\ ATTEST: Chairman, Planning Comniasi n aeeUetary, Planning Commis�i.n A:SDR -1470 0 EXHIBIT A r I. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ordinance No. 60, includ without limitation, the submission of a Record of Survey or Parcel Ma payment storm drainage fee and park and recreation fee as established by Ordinane ineff at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable health Department regulations- and app cable Flood Control regulations and requirements of the Fire Department. Referee, is hereby made to Ordinance for further particulars. Site approval in no way exc� compliance with Saratoga's Zoning and Building Ordinances, nor with any other excl Hance of the City. In addition thereto, applicant shall comply with the followin5 Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - PUBLIC WORKS DEPARTMENT A. Done. B. A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map° to City for checking and recordation and recordation fees) (If parcel is shown on existing mapaof three (3) to -scale prints). record submitni C. Done (See Parcel Map) , C. Submit "Irrevocable Offer of Dedication" D. See Parcel Map. to provide for a 30 ft. half -street on Piedmont Rd. and Park Drive. D. Submit "Irrevocable Offer of Dedication "_ to provide easement as r'evuired�_ E. Improve Piedmont Rd. and Park Dr. to City Standards, including the following: (Deferred Improvement Agreement) 1. thru 4 — see Deferred Improvement Agreement. 1. Designed Structural Section 26 ft. between centerline and f lowline O.I.A. 2. Asphalt Concrete Berm on Park Or. D.I.A. 3. P.C. Concrete Curb and Gutter (V -24) Piedmont on Rd. D.I.A. 4. Undergrounding existing overhead utilities. D.I.A. F. Construct Standard Driveway Approach. D.I.A. G. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. wide at street paving. Use double seal 6 in. aggregate base. coat oil and screenings or better on N. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the Director of Public Works. I. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. J. Watercourses must be kept free of obstacles which will change, flow. k. & —with building retard or prevent K. Obtain Encroachment Permit permit. from the Santa Clara Valley Water District to be done within the Water District's right -of -way, for work L. Obtain Encroachment Permit from the Department of Public Works for driveway approaches or pipe crossings of City Street. - -- --- -- -_.. M. thru 0. — See Deferred M. Engineered Improvement Plans required for: D.I.A. Improvement Agreement. 1. Street Improvements D.I.A. 2. Storm Drain Construction D.I.A. N. Pay Plan Check and Inspection Fees as determined from Improvement Plans. p 0. Enter into "Deferred Improvement Agreement" for the required improvements m "D.I.A." - - -- - �•� ..���u.�au�.a - uiviSIUN OF INSPECTION SERVICES A. 6eotechnical investigation and report by licensed professional in accordance with letter from Nilliam Cotton Assoc., dated November 10, 1983 prior to With Building Permit. issuance of building permits. 8. Detailed on -site improvement plans showing: 1. Grading (limits of cuts. fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities). Z: Drainage details (conduit type, slope, outfall, location, etc.) Provide private drainage easements to Parcel °A ", 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft or higher. 4. Erosion control measures. 5. Standard information to include titleblock, plot plan using record data, ��- location map, north arrow, sheet nos., owner's name, etc. IV. SPECIFIC CONDITIONS SANTA CLARA COUNTY SANITATION DIST. NO. 4 A. With Building Permit. A. Sanitary sewers to be provided and fees paid in accordance with requirements Of Sanitation District No. 4 as outlined in letter dated August 18, 1980. B. See Parcel Map. B. Provide easements for building sewers from Parcel 8 for Parcel A in accordant with letter dated August 18, 1980. V. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Construct driveway 14 feet minimum width, plus one -foot shoulders using double seal coat oil and screening or better on 6 inch aggregate base from public str or access road to proposed dwelling. Slope driveway shall not exceed 12ht wit out adhering to the following: 1. Driveways having slopes between 12�% to 15% shall be surfaced using 2v," of A.C. on 6 inch aggregate base. With Building . Driveways g Permit . I with greater slopes or longer length will not be accepted. 3. All bridges and roadways shall be designed to sustain 35,000 lbs. dynamic loading. B. Construct a turnaround at the proposed dwelling site having a 32 foot inside radius. Other approved type turnaround must meet requirements of the Fire Chief. Details shall be shown on building plans. C. Driveway shall have a minimum inside curve radius of 421feet. I .. J D. Provide a parking area for two (2) emergency vehicles at proposed building site.- - or as required by the Fire Chief. Details shall be shown on building plans. E. Extension of existing water system adjacent to site is required for fire pro- With Building tection. Plans to show location of water mains and fire hydrants.. permit. F. Provide 15 foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. G. Developer to installe1 hydrant that meets Saratoga Fire District's specifica- tions. Hydrant to be installed and accepted prior to issuance of building permits. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation Dist. No. 4. for Parcels A and B. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled in accordance with County C. Done. Standards. A $400.00 bond is to be posted to ensure completion of this work. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. If a storm drain outfall into the creek is necessary, it must be designed to -- --r minimize number of future outfalls necessary. Furnish all outfall structure details for review and issuance of permit prior to Final Approval. B. Dedicate right -of -way along entire creek frontage, to Santa Clara Valley Water District per letter and map dated September 3, 1980. C. All grading adjacent to the Santa Clara Valley Water District right -of -way to be done in accordance with sheets 20 -208 of said agency. Details of grading to include the cross - sectional view at the right -of -way and are to be shown on the Improvement Plans. Plans to be submitted to Santa Clara Valley Water District for review and permit issuance prior to construction. Utility crossings to be i With Building designed in accord with Santa Clara Valley Water District Sheets 21 and 22 and ; permit. sewer lines within 15 feet of creek section to be steel or cast iron. D. Applicant shall, prior to Final Map Approval,.submit plans showing the location i and intended use of any existing wells to the Santa Clara Valley Water District for review and certification. E. Road crossings to be designed so as not to obstruct flood flows. F. First floor of house adjacent to floodplain to be at least 2' above the natural ground elevation at the fl oodplain limit shown. I 6. Any utility crossings of creek to be make with ductile iron pipe or equivalent { and the top of pipe to be at least 4' below existing creek bottom. * H. Any modificatiors to the creek channel are to be reviewed and approved by staff in order to keep the riparian area as natural as possible. -- VIII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. - iA-n n B. Any modifications to the Site Development Plan shall be subject to Planning Commission approval. C. Prior to issuance of building permits, individual structures shall be reviewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive.or natural heating or cooling opportunities on the building site. IX. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. The foregoing conditions are hereby accepted Signature of Applicant Date SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO Storm Drain Fees Park & Recreation Fees Plan Check & Inspection Fees Final Map Check Fees SDR No. 1470 $2,200.00 $2,600.00 $ 200.00 $ 300.00 REPORT TO PLANNING COMMISSION SDR- 1470.3 15139 Park Dr. Request for an Extension of Time Kocher 1 Tom' 1517 -21 -Od '; `T 3'17 -18 -48 tolo5 "" CO) 517-21-0! . J993S 1 a �7 7.00 /7 �317-2t•09 /91q 47 bl7- 21 -07 g17•tl �� MENDELSOHN LN. - Ci N� i0o 5 702 7(, 114 /V 1989E !9870 Z- 99 19215 C61 Cs) • !17•lt 910 -e1 -ol 51o0Z!- e/oe 1- gtoeo*1- rSo�► C'u C8) M (4) CID 910 -a -oss 517-22 -15 /5CSI JSOSZ 13111 15077 1'5°83 15049 15056 SIT-CZ- 510 -01- 910 -0+- g10 -o(- 36 10 09 08 07 0 Q PARK DR- �z,J 15oq 1 O (n) It 917- cL -1f. =l t 1 7 (17) (4) C2r (21, Q l�10o ISo70 1656f.0 1-050 510-01 -23 917- - 1- 37 510-o1- 510-01- 510-01- 710 - 01.-19 20 Z! 22 2L G 1514 Cls,lb 310 -01 -24 150 So 7 310 -o� -IB 2y II cis) 510 -01- 25 15166 (A) CS) '517 -2t -gs 5177 151(.1 19971 (141 (so) C23) C24 1°-e1 510 -ot- 510 -01-17 19897 19875 14853 4 45 510-01- 510 -01- 510 -pt- 's10 -o /-26 2°1 2b 2 su4ecr 123ACEL PAR 00. 1 !6) 19920 Ig89` 19874 It852 15185 151 S I `'1 ° -°I�SS e1o_ol. Slo -01-32 510-01 - 5to -o - X10 -01.31 n 15168 910-52-tL • I SO C7J -it•93 1 5 2 11 wo DEFERRED It•trncYv mL:N'r AMMUIPNT ny owmm OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOI'MENT IMPROVF: ?LENTS Project identification: J f P f 7G This agreement between the CITY OF SARATOGA, hereinafter referred to as CITY, and /r4.i S � /k' 17C- I- hereinafter referred to as "Owner" WHEREAS, Owner desires to develop the property described in Exhibit "A" but wishes to defer construction of permanent improvements beyond the time limits otherwise required and City agrees to such deferment provided Owner agrees to construct improvements as herein provided. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title and posses- sion of the real property described in Exhibit "A ". All the terms, cove- nants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon any sale or division of the property described in Exhibit "A ", the terms of this agreement shall apply separately to each parcel and the owner of each parcel sh�ll succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: The public interest is served by having all inprovements along Park Drive & Piedmont Road done at one time, that time to be detexmined —in the future. B. Owner agrees to construct the following improvements on the pro- perty described in Exhibit "A" as well as required off site improvements in the manner set forth in this agreement: Improvements required by City Department of Public Works are gen- erally described on Exhibit "H ". (Cross out improvements. that arc not re- quired.) 1. Curb and gutter 2. Sidewalks 3. Driveways 4. Street grading, base and paving 5. Storm drainage facilities 6. Erosion control plantings and facilities 8. UndcrFround conduit with wi.•ing and pull boxes 9. Barricades and other improve- ments needed for traffic safety 10. Street trees and ocher improve- ments between curb and property 11. Relocation of existing fences, signs and utilities 12. Payment of a pro rata share of the costs as determined by the Dept. of Public Works of a st.orm drainage or street improvement which has been, or is to be, provided by others or jointly provided by owner and others where such facility benefits the property described in Exhibit "A" a C. lawn Lhr: D rcct.ur of P%'III is Works d,Ler:nLnL•:7 Lhat L c re,t:;o,Is for the deferment of Lhe improvements as set forth in Section II no lonl;rr exist, he shall noLLfy Owner in writing to commence Lheir installation and construcLion. The.notice•shall IM mailcd.to the current owner or &-whers of tlic land as Shown on Lhe latest adopted county assessment roll. The noLi:e shall describe the work to be done by owners, the time within whicl: the work shall commence, and_Lhe time within which it shall be completed. All or any portion of said improvements may be required at a specified time. Each 0wner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall include the amount m be paid and the time when payment must be made. III. PEUOIL`WNCE• OF TIIE WORK Owner agrees to perform the work and make the payments required by City as set fo -th herein or as modified by the City Council. Owner shall cause plans a;d specifications for the improvements to be prepared by com- petent persons legally:.qualified to do the work and to submit said improve alent plans and specifications Tor approval prior to commencement of the work described in the notice, and to pay City inspection fees. 'The work shall be done in accordance with City standards in effect at the time the improvement plans are submitted for approval. .Owner agrees to corrnence and complete the work within the time specified in the notice given by the Director Of Public Wprks and to notify the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements re- costs under this agreement. City may, at its option do the work and colle all the costs from Owner, which costs 'shall be a lien on all. the property described in Exhibit "A" hereof, Permission to enter onto the property of the Oacner is granted to City or its contractor as may be necessary to construct such improvements. IV. J0I14T C0OPERA'1•IVE PLAN Owner agrees to cooperate *upon notice.by City with other property owners, the City and other public agencies to provide the I=provements set forth herein under a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. V RF-VIE14 OF REOUIREMENTS If disagrees to comnene0e installation oft improvement sehenshall, within i30adaysoofcthe. date the notice was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both the City and the Owner. VI MA111TENANCF. OF IMPROVEMENTS City agrees to accept for maintenance those improvements specified in Section II which are constructed and completed in.Ilaccordance with City standards and requirements and arc installed within rights -of -way or ease - mcnLs dedicated and accepted by resolution of the City, after the expira- tion of one year frorn date of satisfactory completion, Owner to maintain + said improvements at 06mer's sole cost and expense at all times prior to I such acceptance by City. 0^ncr n rces to provide any necessary temporary drainage facilities, access road or other required improvements, to assume responsibility for the proper fuzctioninG thereof, to submit plans to the appropriate City aCcncy for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property, i II 1 r t.. VII. BONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a faithful perforinarice bond and .a labor and materials bond in an amount and form acceptable%to City,.to be released by City Council in whole or in part upon completion of Lhe work required and payment of all persons furnishing labor and materials it, the perfornance of the work. VIII. INSURANCE Owner shall maintain or shall require any contractor engaged to perform the work to maintain, at all times during.the performance of the work called for herein, a separate policy of insurance in a form and amount acceptable to City. IX. INDEMNITY The Owner shall assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to , property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, con- tractors, subcontractors, or his employees, agents, contractors, subcontrac- tors, or anyone directly or indirectly employed by either of them, or • arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non- performanc' of the work. IN WITNESS [WHEREOF, City has executed this agreement as of CITY OF SARATOGA MAYOR IN 14ITNESS WHEREOF, Owner has executed this agreement as of Owner STATE Of CALIFORNIA cuunty u'[Y L 19 before site, +,Votary Public, in and for said State, personally appeared proved to site sin the basis of satisfactory evidence to be rite person_ whine name �L subscribed to rite within itutm- ment, and acknowledged to me tltatShe_ <xecutcd the same. KAL 'LS °�yWICI N I A. _-- LIGCAUFOQNtA SANTA CLARA COtl(TY lry OrY1. EX7.!WY 10, 1991 NMAKY 11L)MAC r 'EI3IT ° RC%D `VD - +RR DRIV T_r �rry ;T. . „� •3 Designed .tructural Fection 26 Ft. between centerline =nd clowlina. 2) 'sp`.slt concrete Bern on 's-k Drive. 3) '.C. concrete curb and nutter. (V -24) on "iedmont 2d. Un der round existing over'ead utilities. ”) Construct Morn dri.in. Y EXHIBIT "A" That certain property situated in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: The Parcel A and B shown on Parcel Map prepared by Westfall Engineers and recorded in Book of Maps at Pages in the County of Santa Clara. EXHIBIT "B" Improve Piedmont Road and Park Drive to City standard as follows: 1) Designed structural section 26 ft. between centerline and flowline. 2) Asphalt concrete berm on Park Drive. 3) A.C. concrete curt and gutter (V -24) on Piedmont Rd. 4) Underground existing overhead utilities. 5) Construct storm drain. EXECUTIVE SUMMARY NO. MEETING DATE: 10/19/88 SARATOGA CITY COUNCIL ORIGINATING DEPT.: Planning AGENDA ITEM: 7r; CITY MGR. APPROVA I '-WP I' SUBJECT: Article 15 -45, Administrative Design Review Procedure Recommended Motion: Set the filing fee for administrative review of projects at $100.00 by adopting Resolution 2383.4. Report Summary: On September 28, 1988, the Planning Commission reviewed the year's operation of the administrative review procedure for residences han- dled through the staff. As shown on the chart in the staff report, eighteen (18) total permits were processed; five (5) were modified and one (1) was referred to the Commission for final determination. The Commission felt that the process was working satisfactorily and adopted Resolution PC -88 -004, proposing a $100 filing fee to defray the costs of processing the application. Fiscal Impacts: $2,000 + /year based upon 20 applications @ $100 each. Attachments: 1. Memo to City Council 2. Resolution PC -88 -004 3. Planning Commission minutes dated September 28, 1988 4. Resolution 2383.4 M_+-4— .-A K7nto. 0919'f o 0&MZ19QX5& 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: City Council DATE: 10/19/88 FROM: Kathryn Caldwell, Associate Planner SUBJECT: Article 15 -45 - Administrative Design Review Procedure Background The Design Review Ordinance (Article 15 -45) was revised and adopted by the City Council in October, 1987, and became effective on November 9, 1987. Under the new Design Review Ordinance, some of the design review applications that previously were reviewed by the Planning Commission are now reviewed administratively by staff. As a result, a new procedure was designed to handle those particular applications. The purpose of this memo is to give a summary of how the new procedure is operating, as requested by the City Council, to determine if any changes in the procedure should be recommended at this time. The administrative review procedure is used for projects that would have been reviewed by the Planning Commission under the old Design Review Ordinance. This includes the following: 1) New single -story residences; 2) New two -story structures on flat or infill lots; 3) Accessory structures on double frontage lots; 4) Major additions in size, defined as a 100 sq. ft. or greater addition to the second story of a multi -story main or accessory structure. The current administrative procedure used in the review of these applications is as follows: 1) Application submitted (no filing fee). In addition to the standard application materials, applicant is required to submit two (2) sets of stamped, addressed envelopes for mailing notices to the ten (10) closest neighboring properties and seven (7) Saratoga Planning Commissioners. 1 Memo to City Council Re: Administrative Design Review Procedure 2) Staff reviews application. 3) If application can be approved by staff, a "Notice of Intent to Approve" will be mailed to the ten neighboring property owners and seven Commissioners. All concerned parties will have ten (10) days in which to review the application. 4) If there are no objections by the applicant, other property owners, or Planning Commissioners, the application is approved. If there are objections but the differences of opinion can be worked out to the satisfaction of all those involved, then the application can also be approved. After the application is approved, staff will mail out the second set of seventeen (17) envelopes to notify concerned parties of the approval and to initiate the required 10 -day appeal period. If there are no appeals, the applicant submits plans for zoning clearance and building permit approval. 5) If there are objections to the project and the differences of opinion cannot be resolved, the application is scheduled for Planning Commission review and the applicant is required to file a standard design review application and go through the Planning Commission public hearing process. If both staff and the applicant agree that the project can be approved but a neighbor or Commissioner still has concerns, then the objector is required to file an appeal after staff approves the application; the appeal fee is $50.00 and the application is scheduled for Planning Commission review as an appeal to staff's administrative decision. Planning Commissioners are exempted from the $50.00 appeal fee. Attached is a flow chart diagram summarizing the current design review Drocessina procedures. Staff Analysis The chart attached summarizes how the administrative review process has operated during the time that it has been in effect. As you can see, over the past 9 months, a total of 18 applications have been approved through the administrative design review procedure. Of these, 12 projects were approved as originally submitted, while 5 required modification of some sort before eventually being approved. Requests for modification came from staff, Commissioners and neighbors, as noted, and changes made to plans included reduction in height (2), relocation of windows (1), reduction in size (1), and relocation of structure to save a tree (1). As noted, only one application was referred to the Planning Commission for a decision, since staff, the applicant and the neighbor in question were unable to reach a mutually agreeable solution. The Planning Commission subsequently approved the project as originally submitted. 2 Memo to City Council Re: Administrative Design Review Procedure Overall, it appears that the administrative procedure is working effectively and efficiently. For most projects (12 of 18), staff has been able to approve the plans as submitted. In these cases, the plans complied with code requirements, and the neighbors notified were satisfied with the project (or at least declined to comment). This process takes about 3 weeks to a month, compared to the current 3 -month processing period for standard design review by the Planning Commission. The two 10 -day initial public review and appeal periods account for most of the 3 -week processing time. The procedure takes a week or two longer if some sort of modification is required. Staff time during this period is spent on actual review of the project for code compliance, assisting the applicant in establishing the mailing list, preparing and sending the notices, and follow -up. As such, the Planning Commission recommended that a fee of $100 be established to compensate the City for the staff time required to process the application. It should also be noted that since the administrative process has a faster turn around time, applicants may design their projects to be eligible for administrative rather than standard design review. For example, the developers of a new lot on Sobey Road recently chose to go with a low one -story design for the home which would be reviewed administratively to save time, rather than go to the Commission with a two -story design. This accomplishes two things: 1) it reduces the Planning Commission's workload, and 2) it encourages low profile single -story homes in lieu of bulkier two -story designs. Recommendation Adopt a $100.00 processing projects. K thr�in Caldwell Associate Planner fee for administrative review of Attachments: 1. Design Review Procedures Flowchart 2. Administrative Design -'Review Summary, 3. Resolution PC -88 -004 KC /lw /dsc 3 AppL444-no1J F1 Lg d AND MEr y or- �tz.ocess�NC� D�1E�tr FEED d I DE516M REVIEW FF- CCECuPLEs f=L4DVJC- +AV-r- ��,�tl�� Zo�aE l■� _ate, _ PP -OJECI is exem t1wDIIRD X16, W I E W PRocET:'uus R-EV I C-W RE 40BJIaG1 Coy i -4l5ED IssuES Respumm CojaeulDlsS RAISED I%UUS NOT RMOLVED i 8El -aIN ZEE GI.EA�ANC,E fi�oCeA,t tz.E Ge6la Zops 'PRac,eDUeE APFuG4NT 1=o1 ow-4 STA OD4R.D OrouG7t.1 R>c"VIEW FPZCZDUR-E ADMINISTRATIVE DESIGN REVIEW SUMMARY NOVEMBER 1987 - AUGUST 1988 Approved Approved Referred to Total Projects As After Planning Number Comments Submitted Modification Commission Submitted (see comments) New one -story home 6 New two -story home on flat or infill lot 2 N 8 1 modified at staff's request 1 modified at Commis- sioner's request 1_ 3 Modified at neighbor's request Addition to second story exceeding 4 2 1 100 sq. ft. Total Number Approved 12 5 1 18 2 modified at neighbor's 7 request RESOLUTION NO. PC -88 -004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA ADOPTING PROCEDURES FOR ADMINISTRATION OF THE DESIGN REVIEW ORDINANCE (ARTICLE 15 -45) WHEREAS, the City of Saratoga adopted a new Design Review Ordi- nance in October, 1987 establishing procedures for review of single family dwellings and accessory structures in residential districts, and; WHEREAS, the Ordinance requires staff administrative process be set forth to implement the Ordinance and is described in the attached Exhibit A, and; WHEREAS, the City of Saratoga requested an evaluation of the sufficiency of the new design procedures after six months, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby confirm that the process described in the attached Exhibit A implements the requirements of the Design Review Ordinance and shall continue to be followed. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 28th day of September, 1988 by the following roll call vote: AYES: Burger, Harris, Kolstad, Siegfried, Tucker, Tappan NOES: None ABSENT: Guch X 1 � Chairman, lblaAfrin g ssion ATTEST: 'Secret #y Planning Commission 4 EXHIBIT A ADMINISTRATIVE DESIGN REVIEW PROCEDURE With the new design review ordinance, some of the design review applications that previously were reviewed by the Planning Commission will now be reviewed administratively by staff. As a result, a new processing procedure has been designed to handle those particular applications. There will now be three processing procedures, each covering certain types of projects, as outlined below. 1. Exemption - Construction projects that do not fall into either the Planning Commission public hearing or administrative review procedure are exempt from the design review process. These projects typically fall into the category of minor additions, some accessory structures, swimming pools, tennis courts and the like. No public notice is required and building permits can be issued after zoning clearance is given by the Planning Department. Zoning clearance is the term used for Planning Staff review and approval of construction plans for compliance with zoning regulations prior to the issuance of building permits. 2. Standard design review procedure - Projects that are required to go through the standard design review procedure before the Planning Commission are as follows: a) Two -story structures on hillside lots (10$) slope or greater); b) Conversion of one -story structure to two -story structure; c) When design review is required by subdivision or other planning - related approvals; d) Main structures on lots of less than 5,000 sq. ft. in area; e) Structures that exceed 6,000 sq. ft. in floor area; f) Structures that exceed the allowable floor area and the site abuts dedicated private open space; g) Referral by Planning Director. 3. Administrative review procedure - Projects that are required to go through the staff administrative review procedure are as follows: a) New single -story residences; 18' or less in height. b) New two -story structures on flat or infill lots; c) Accessory structures on double frontage lots; 5 d) Major additions in size, defined as a 100 sq. ft. or greater addition to the second story of a multi -story main or accessory structure. The procedure allows for notifying neighboring properties and will be as follows: 1. Application submitted ($100 filing fee). In addition to the standard application materials, applicant will be required to submit two (2) sets of stamped, addressed envelopes for mailing notices to the ten (10) closest neighboring properties as determined by the Planning Department and seven (7) Saratoga Planning Commissioners. 2. Staff reviews application. 3. If application can be approved by staff, a "Notice of Intent to to Approve" will be mailed to the ten neighboring property owners and seven Commissioners. All concerned parties will have ten (10) days in which to review the application. 4. If there are no objections by the applicant, other property owners, or Planning Commissioners, the application can be approved. - If there are objections but the differences of opinion can be worked out to the satisfaction of all those involved, then the application can also be approved. After the application is approved, staff will mail out the second set of seventeen (17) envelopes to notify concerned parties of the approval and to initiate the required 10 -day appeal period. If there are no appeals, the applicant can submit plans for zoning clearance and building permit approval. 5. If there are objections to the project and the differences of opinion cannot be resolved, then the applicant will be required to file a standard design review application and go through the Planning Commission public hearing process. If both staff and the applicant agree that the project can be approved but a neighbor or Commissioner still has concerns, then the objector will be required to file an appeal after staff approves the application; the appeal fee will be $50.00 and the application will be scheduled for Planning Commission review as an appeal to staff's administrative decision. Planning Commissioners are ,exempted from the $50.00 appeal fee. A: DRProcess N. loor PLANNING COMMISSION MEETING Page 5 SEPTEMBER 28, 1988 PUBLIC HEARINGS Continued mission, Burger continued as follows: that a response had not been made to the Commissio/1kind uest for underground pa ing and ed that parking be adjacent to the apartment area to rhe walking distance - Asked t up to two acres be provided for flower and vegeardens Sugges osideration of anon- sectarian chapel on the gr Commissioner Tu er commented as follows: Asked that additi l open space be provided and was favor a garde rea Questioned mainten ce of the rear property area a nd sugge pro' maintain this area Concurred that inn to street widths existed, causing car p on the sidewalk area Felt the proposed staf a loyee parking allotment of 45 sp d be inadequate Asked that the Applicant e a contract with a life care orion prior to development; she was concerned regarding the 'ect if such an agreement w secured Commissioner Tappan commented as Ilows: - Concurred that the name proposed inappro former use of the site by Paul Masson eery or Was unfavorable to the architectural traditional and contemporary elements . Objected to the differentiated color of t al Noted the critical role of landscapin n the pry favorable to the meandering walk g Saratoga f and asked that the project be tied to the of the mural artist's name ;ed and cited an incongruous mixture of from a safety point of view .t to mitigate noise and pollution; he was Commissioner Kolstad concurrS&Owith the above comments d added: - Asked that the name of the oject be easily pronounced - Noted concern regardi a density proposed Suggested removal o e rear yard fencing to create a greater fee ' of open space - Was not favorabl the colored sidewalks proposed - Asked for si ' cant increase in parking proposed; he was reluctant grant any variance for parking re I ' meats Vice Ch ' rson Siegfried was greatly concerned regarding the density of this ed use project; due to a size of the townhouse units and number of bedrooms proposed, the p 'ect would be ve ease. Such could be addressed by increasing the open space and reducing t number of is. He felt that parking may be adequate if the density were reduced. HARRIS/TUCKER MOVED TO CONTINUE PC- 88-003 TO OCTOBER 12. 1988. MIS _ LLAN O r : Article 15-45 - Design Review Ordinance - Assessment of Administrative Review Process. Planner Caldwell reviewed the Memorandum of September 28, 1988. The Chair recognized the following speaker. Mr. Rich Crowley, Vice President, Building Industry Association, noted the Association's letter of August 18, 1988. He cited examples of the lengthy design review process and provided examples, suggesting a study session be held to resolve any difficulties. He agreed that concerns raised were not with the Administrative Review Process under consideration. The City Attorney noted the following changes to the Model Resolution: First paragraph, amended to read in part, "...residential districts..." - Exhibit A. 2., Standard design review procedure c) to read, "...planning- related approvals..." - Procedures for notifying neighboring properties: 1. Insert, "... cknot neighboring properties as determined by the Planning Department..." 5. Amended to read, "ff there are objections to the project and the differences of opinion cannot be resolved, the applicant will be required to file a design review application..." BURGERMARRIS MOVED APPROVAL OF RESOLUTION PC4% -004 ADOPTING PRO- CEDURES FOR ADMINISTRATION OF THE DESIGN REVIEW ORDINANCE. (ARTICLE 15-45) AS AMENDED. Passed 6-0. i SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. .SSw� -- MEETING DATE: October 19, 1988 ORIGINATING DEPT: City Manager AGENDA ITEM �"�✓ CITY MGR. APPROVAL SUBJECT: Contract with Project Match for 1988/89 CDBG Funding Recommended Motion: Authorize Mayor to sign contract. Report Summary: In January, the Council allocated $1850 in 1988/89 Community Development Block Grant funding to Project Match, a non - profit agency which brings together low income seniors desiring shared housing. Subsequently, Project Match suffered a major setback which has impacted the agency's ability to meet some of their goals for this fiscal year. However, Project Match has re- affirmed that they will be able to meet the goal of 10 matches for Saratoga residents. The contract which the City executes each year with each Block Grant sub - grantee is very specific as to the type of reporting and documentation required to insure that an agency is performing at an acceptable level. Each agency is monitored quarterly for compliance with the Federal HCDA and the Urban County require- ments, as well as for their efforts in meeting stated goals. The staff recommendation is that the Council authorize the Mayor to sign the attached agreement, confirming the previously allocated funding for this fiscal year. Fiscal Impacts: The $1850 allocation is authorized in the 88/89 budget. Attachments: 1. Agreement between City of Saratoga and Project Match 2. September 15, 1988 letter from HCDA Coordinator 3. August 18, 1988 letter from Project Match Executive Director of � � O Il9) g0 ^ 13777 FRUITVALE AVENUE • S, \RATOG, \, CALIFORNIA 95070 (408) 867 3438 COUNCIL MEMBERS: Karen Anderson September 15, 1988 Martha Clevenger David Moyles Donald Peterson Francis Stutzman Arlyne June Executive Director Project Match 1671 Park Avenue, Room 21 San Jose, CA 95126 Dear Arlyne: Thank you for your letter of August 18 re- affirming your 1988/89 goal of 10 matches for Saratoga residents. I am enclosing two copies of the contract which we will need to complete before we can begin to make payments of the $1850 CDBG grant which has been allocated to Project Match for 88/89. The contract form is a standard one and some areas of it are not applicable to the type of program you provide. Also, you may disregard the reference to Exhibits A, B, and C as they were completed as part of your proposal for funds. Please note the quarterly reporting requirements outlined in Section III.B on page two of the contract. Timely receipt of these reports is essential for our program monitoring. We will need two signed copies of the contract and fully executed agreement for your files. We disburse the funds in quarterly payments upon signed contract and a written request for payment. Sincer y, Carolyn King Administrative Assistant Enclosures (2) will return a can begin to receiving the r". ff9atchinc, JECT 1671 Park Ave., Rm. 21 San Jose, CA 95126 (408) 287 -7121 Shared Housing • Home Equity Conversion • Senior Group Residence August 18'1988 Carolyn King Dept of Housing and Community Development City of Saratoga 13777 Fruitvale Avenue Saratoga California 95070 Dear Carolyn, As I am sure that you know by now, Project Match has been the victim of a series of tragic events. I am happy to tell you that I have finally been able to return to my job after almost four months of recuperation. Throughout all of this, the agency has been fortunate to have a commited Board of Directors, a loyal staff and a great Interim Director, all of whom worked together to strengthen the agency and begin the repair process. You recently received.an August 4 letter from Charlie Chew at the County along with.an attachment from our Interim Director, Malcom White. This correspondence spells out the problems in more detail and proposes some solutions. In some jurisdictions, we have been forced to reduce our goals from those proposed in our funding applications. We are now in the process of negotiating with these areas and are finding a very sympathetic adn supportive audience. I am very very happy to tell you that for the City of Saratoga we are not requesting any goal reduction. We intend to keep our original goal of matching ten residents of your City. It is good to be able to report good news to you. If you have any questions, please call me. Sinc y, Le Ar yne j une Funded in part by the State of California, the cities of San Jose and Los Altos, and the Community Development Block Grant programs of Sunnyvale, Santa Clara, Mountain View, and the Urban County of Santa Clara including the unincor- A United My Agency porated areas and the cities of Campbell, Cupertino, Gilroy, Los Gatos, Milpitas, Morgan Hill and-Saratoga. .a ' r AGREEMENT dd THIS AGREEMENT is made and entered into on by and between the CITY OF SARATOGA, a political subdivision of the State of California (hereinafter "CITY" ), and PROJECT MATCH a non - profit corporation (hereinafter "CORPORATION "). WHEREAS, CITY has received Community Development Block Grant (hereinafter 11CDBG11) Entitlement Program funds from'the Department of Housing and Urban Development (hereinafter "HUD ") as an entitlement jurisdiction pursuant to the provisions of Title 1 of the.Hpus,ing._and_..Commun,ity Development Act of 1974, as amended; and, WHEREAS. CITY has agreed to the use by CORPORATION, as a subrecipient, of a portion of CITY's CDBG entitlement for a housing program to be operated within CITY and shall benefit low and moderate income households; NOW, THEREFORE, the parties agree as follows: 1. VOGRAM CITY agrees*t(# grant a portion of its CDBG entitlement to the CORPORATION, as a subrecipient, being the sum of Qa Thousand Eight Hundrpd Fifty and no /100 - - -" ( ;1,850.00 ) for the purpose of implementing the housing program (hereinafter "PROGRAM "), as more particularly described in Exhibit "A" (Proiect Work Plan), Exhibit !'B" (proposed Implementation TIMP S hedule),,and Exhibit °C" (Budget). II. TERM -1- A. The term of this Agreement shall begin on _July 1, 1988 and shall terminate on the earlier of _fie 30. 1989 or the date of the expenditure of the total grant amount provided for herein, or.upon the termination date established pursuant to Section V or Section VII. -1- Ill. U13LIGATIONS OF CORPORATION A. Organization of CORPORATION. CORPORATION shall: ,f r 1) Provide CITY with: a) Its Articles of Incorporation under the laws of the State of California; b) A copy of the current Bylaws of CORPORATION; c) Documentation of its Internal Revenue Service non - profit status; d) Names and addresses of the current Board of Directors of CORPORATION; and, e e) An adopted copy of CORPORATION's personnel policies and- procedures, and approved affirmative action plan. 2) Report any changes in CORPORATION's Articles of Incorporation, Bylaws, Board of Directors, personnel policies and procedures, affirmative action plan, or tax exempt status immediately to.PROGRAM MANAGER. 3) Maintain no member of its Board of Directors as a paid employee, agent or subcontractor under this Agreement. 4) Open to the public all meetings of its Board of Directors, except meetings, or portions thereof, dealing with personnel or litigation matters. 5) Keep minutes of all its regular and special meetings. ` 6) Comply with all provisions of California Non - Profit Corporation Law. B. Program Performance by CQRPORATION. CORPORATION shall: 1) Conduct.. the PROGRAM within .Santa Clara County, for the purpose.of benefiting.low and moderate income households. 2) File progress reports with CITY on the type and number of services rendered through the operation of the PROGRAM and a description of the beneficiaries of these services, which reports shall evaluate the manner in which the PROGRAM is achieving its objectives and goals according t.o the 'standards established by - CITY. The progress reports shall be due ten days after the close of each reporting period and shall cover the three months immediately preceding the date on which the report is filed. -2 .� 3) Coordinate its services with other existing organizations providing similar services in order to foster community.cooperation and to avoid unnecessary duplication of services. 4) Seek out and apply for other sources of re(vee nue in support of its operation or services from local. state, federal and private sources and, in the event of such award, inform CITY within ten days. 5) Include an acknowledgement of CITY funding and support on PROGRAM stationary and on all appropriate publicity and publications using words to the effect: "funded in whole or part by the City of Saratoga through the Housing and Community. Development Act of 1974, as amended, [month and year of the preparation]." C. Fiscal Responsibilities of CORPORATION. CORPORATION shall: 1) Appoint and submit the name of a fiscal agent who shall be responsible for the financial and accounting activities- of_CORPORATION. including the receipt and .disbursement.of CORPORATION funds. The CITY shall immediately be notified in writing of the appointment of a new fiscal agent and that agent's name. 2) Establish and maintain an accounting system that shall be in conformance with generally accepted principles of accounting. The accounting system shall be subject to review and approval of CITY. 3) Document all PROGRAM costs by maintaining records in accordance with Section III, Paragraph D below. 4) Submit to CITY of the month, at request for supporting documentation. by the tenth (10) calendar day payment, together with all 5) Submit for approval by CITY any lease Agreement either contemplated or in effect. 6) Certify insurability subject to CITY approval as outlined in Exhibit •'D ",(Insurance). 7) If applicable, submit an indirect cost plan to CITY for approval. .8) 1) through 7) are express conditions precedent to any CITY funding and failure to comply with these conditions will, at discretion of CITY result in suspension of funding,or termination of this Agreement. 9) CORPORATION is liable for repayment of all disallowed costs. Disallowed costs may be identified -3- through audits, monitoring or other sources. CORPORATION shall be required to respond to.any.adverse findings which may lead to disallowed costs. The CITY shall make the final determination of disallowed costs, subject to provisions of OMB Circular A- 122. "Cost Principles fob r Non - Profit Organizations.,, D) Establishment and Maintenance of Records. CORPORATION shall maintain complete and accurate records of all its transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers. cancelled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly (a) all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this Agreement or to operate the PROGRAM, and (b) all other matters covered by this Agreement. E) Preservation of Records. CORPORATION shall preserve and make available its records l)..until. the expiration of three years from the date of..final payment to CORPORATION under this Agreement; or 2) for such longer period, if any as is required by applicable law; or, 3) if this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of termination. F) Examination of Records; Facilities. At any time during normal business hours, and as often as maybe deemed necessary, CORPORATION agrees that HUD and the CITY and /or any duly authorized representatA ves may until expiration of (a) three years after final payment under this Agreement, (b) three years from the date of termination of this Agreement, or (c) such longer period as may be described by applicable law, have access to and the right to examine its'plants, offices and facilities used in the performance of this Agreement.or the operation.of the PROGRAM, and all its records with respect to the.PROGRAM and all matters covered by this.Agreement. CORPORATION also agrees that CITY or any,duly authorized representatives shall have the right to audit, examine. and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this Agreement. CORPORATION will be notified in advance that an audit will.be conducted. CORPORATION will be required to respond to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by CITY. G)'Compliance with Law. CORPORATION shall become familiar -4- i, and comply with and cause all its subcontractors and employees, if any, to become familiar and comply with all applicable federal, state and local laws, ordinances, codes, regulations and decrees including, but not limited to, those federal rules and regulations, executive orders and statutes identified in exhibit "E" (Assurances.) Specifically, CORPORATION shall comply with the requirements and standards of OMB Circular No. A -122, "Cost Principles for Non - Profit Organizations" and the following attachments to OMB Circular No. A -110: 1) Attachment A. "Cash Depositories," except for Paragraph 4 concerning deposit insurance; 2) Attachment B, "Bonding and Insurance 3) Attachment C. "Retention and Custodial Requirements for Records;" 4) Attachment F. "Standards for Financial Management Systems ; ". $),Attachment.H,. "Monitoring and Reporting Program Performance," Paragraph 2; 6) Attachment N, "Property Management Standards," except for Paragraph 3 concerning the standards for real property; and 7) Attachment 0, "Procurement Standards." IV. OBLIGATIONS OF CITY A. Method o a vent. During the term of this Agreement, CITY shall reimbur CORPORATION for all allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of One Thousand Eight Hundred Fifty and no /100 Dollars ($ 1,850.00 ), except that CITY may, at any time in its absolute discretion, elect to suspend or terminate payment to CORPORATION, in whole or in part, under this Agreement or not to make any particular payment under this Agreement based on CORPORATION's non - compliance, including, but not limited to, incomplete documentation of expenses, failure to submit adequate progress reports as required herein or other incidents of non- compliance as described in Section V. Paragraph B of.this Agreement or based on the refusal by CORPORATION to accept any additional conditions that may be imposed by HUD at any time, or based on the suspension or termination of the grant to CITY * made pursuant to the Housing and Community Development Act of 1974, as amended. B. Advance Payments. CITY may, but is not required to, make advance payments to CORPORATION before CORPORATION has -5- provided services or incurred costs, in such amounts and subject to such conditions and limitations as CITY in its absolute discretion, may specify.. No such funds shall be advanced unless such CDBG funds shall have first been received by CITY from HUD. Before advances shall be made, CORPORATION must submiT,tsto CITY � a request for advance funds in a form satisfactory to CITY specifying in detail the items for which such advance is requested, the amount of money requested for each item covered in the request, together with a certification by the CORPORATION that the items specified in such request are eligible for payment under this Agreement and in connection with the PROGRAM. Payment to CORPORATION shall, subject to all of the foregoing limitations and conditions, be made, provided that CITY determines that the requested items are eligible for payment under this Agreement and in connection with the PROGRAM. In makinq such determination, CITY may rely upon the CORPORATION's certification that the requested items are eligible.' In no event shall CORPORATION expend any funds advanced by CITY under this section for any items except those specified in the request and in the amounts shown for each item in the request, 'Without- CITY's prior written approval. V. CONTRACT COMPLIANCE A. Monitorina and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance shall be the mutual responsibility of both CITY and CORPORATION. CORPORATION shall furnish all data, statements, records, information and reports necessary for PROGRAM MANAGER to monitor, review and evaluate the performance of the PROGRAM and its components. CITY shall have the right to request the services of an outside agent to assist in any such evaluation. Such services shall be paid for by CITY . B. Contract NoncDmDliance. Upon receipt by CITY of any information that evidences a failure by CORPORATION to comply with any provision of this Agreement, CITY shall have the right to require corrective action to enforce compliance with such provision. 'Areas of.noncompliance include but are not limited to: 1) If CORPORATION (with or without knowledge) shall have made any material misrepresentation of any nature with respect to any information or data furnished by CITY in connection with the PROGRAM. 2) If there is pending litigation with respect to the performance by CORPORATION of any of its duties or obligations under this Agreement which may materially Jeopardize or adversely affect the undertaking of or the carrying out of the PROGRAM. 3) If CORPORATION shall have taken any action pertaining to the PROGRAM which requires CITY approval without having obtained such approval. -6- 4) If CORPORATION is in default under any provision of this Agreement. 5) If.CORP'ORATION makes improper use of CITY funds. it 6) If CORPORATION submits to CITY any report which is incorrect or incomplete in any material respect. C. Corrective Action Procedure. CITY in its absolute discretion and in lieu of immediately terminating this Agreement upon occurrence or discovery of noncompliance by CORPORATION under this Agreement, shall have the right to give CORPORATION notice of CITY intention to consider corrective action to enforce compliance. Such notice shall indicate the nature of the non - compliance and the procedure whereby CORPORATION shall have the opportunity to participate in formulating any corrective action recommendation. CITY shall have the right to require the presence of CORPORATION's officer(s) and EXECUTIVE DIRECTOR at any hearing or meeting called for the purpose of considering correc- tive action. Thereafter, CITY shall forward to CORPORATION specific corrective action recommendations and a detailed time- table for implementing these recommendations; such timetable shall ,...,a,llow,.CORPORATION not less than five (5) nor more than thirty (30) days.to. comply... Following implementation of the corrective actions, CORPORATION shall forward to CITY within the time specified by CITY any documentary evidence required by CITY - to verify that the corrective actions have been taken. In the event that CORPORATION does not implement the corrective action recommendations in accordance with the corrective action timetable. CITY may suspend payments hereunder or terminate this Agreement. D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing, CITY may terminate this Agreement by written notice to CORPORATION, if any of the events of noncompliance list*d in Section V. Paragraph B occur or are discovered, if CORPORATION does not implement any recommended corrective action, if CORPORATION is in bankruptcy or receivership, if a member of *the CORPORATION's Board of Directors or the EXECUTIVE DIRECTOR is the subject of investigation for wrongdoing, or if there is reliable evidence that CORPORATION is unable to operate the PROGRAM. Termination under this section shall be effective.on,the. date notice of termination is received • or such later date as may be,specified in the notice. I V.I. PROGRAM COORDINATION A. CITY. The City Manager shall assign a single PROGRAM MA WER for CITY who shall render overall supervision of the progress and performance of this Agreement by CITY . All services agreed to be performed by CITY shall be under the overall direction of the PROGRAM MANAGER. -7- B. CORPOMTION. &s . of the date hereof, CORPORATION has designated 9 ti C, to serve as EXECUTIVE DIRECTOR and to sume overall - responsibility for the progress and execution of this Agreement. The CITY shall.be immediately notified in writing of the appointment of a new EXECUTIVE DI4&CTOR and the name of that EXECUTIVE DIRECTOR. C. Notices. All notices or other correspondence required or contemplated by this Agreement shall be sent to the parties at the following addresses: CITY: City of Saratoga c/o Carolyn King Program Manager 13777 Fruitvale Avenue Saratoga, CA 95070 CORPORATION: m nd T le of Executive Director orpor do Name Address of Corporation c.e C Hoke Add,c ss of Executive Director All notices shall either be hand delivered or sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or seventy -two (72) hours after deposit in the United states mail. Any party may change his or her address for the purpose of this sectioli by giving five days written notice of such change to the other party in the manner provided in this section. VII.: TERMINATION A. In addition to CITY's right to terminate for cause set forth in Section V. either CITY or CORPORATION may suspend or terminate this Agreement for any reason by .giving thirty (30) days prior written notice to the other party. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued. B. Upon termination, either under this Section VII or Section V, CORPORATION shall: 1) be paid for all documented services actually rendered to CITY to the date of such termination; provided., 'however, CITY* shall be obligated to compensate -e- a CORPORATION only for that portion Iof CORPORATION's services which are allowable costs and expenses as determined by an audit or other monitoring device; I 2) turn over to CITY immediately any and alf copies of studies, reports and other data, whether or not completed, prepared by CORPORATION or its subcontractors, if any, in connection with this Agreement. Such materials shall become property of CITY CORPORATION, however, shall not be liable to CITY'S use of incomplete materials or for CITY's use of completed documents if used for other than the services contemplated by this Agreement; and 3) transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the. CITY, C. Upon termination of this Agreement, CORPORATION shall immediately provide CITY access to all documents, records, payroll, minutes of meetings, correspondence and all other data per.taining,,,,to ,,t.he, CDBG entitlement fund granted to CORPORATION pursuant to this,Agreement. VIII. PURCHASING REAL OR PERSONAL PROPERTY A. Title to Personal Property. Title to any personal property used in connection with the Project shall vest as follows: L) Personal property donated or purchased with other than CITY CDBG funds shall become the property of CORPORATION or person specified by the donor or funding source; otherwi a the same shall become the property of CITY except'f5r property and equipment as described in 2). 2) Personal property and equipment permanently affixed to buildings owned by CORPORATION shall become the property of CORPORATION. r 3) All other personel property, supplies and equipment purchased.pursuant to this Agreement and not consumed shall become property of CITY. B. Non - Expendable Eroperty. Non - expendable property purchased by CORPORATION with funds provided by CITY with a purchase price in excess of Two Hundred Fifty Dollars ($250), must be approved in advance in writing by CITY. CITY shall retain title to said property. If a PROGRAM will be continued beyond termination of this Agreement, CITY ' at its option, may revert title to CORPORATION. C. Purchase of Real Property. None of the funds provided under this Agreement shall be used for the purchase of real -9- property, unless CITY approves such purchase by resolution containing any conditions the CITY deems appropriate prior to, the time CORPORATION finalizes such purchase. Approval of any such contract or an option to .purchase shall be processed through the PROJECT MANAGER. , r D. Security Document. As a condition precedent to CITY releasing funds for the purchase of real property or an option to purchase real property, CORPORATION shall prepare and execute a promissory note. deed of trust or other Agreement restricting the use of said real property for purposes consistent with this Agreement. HUD and CDBG requirements. 1 1 Y e Yig a Income generated by the PROGRAM shall be retained by CORPORATION. Such income shall be used. to reduce the monthly request for funds under this Agreement and for the same purposes and activities described in Exhibit A. All provisions of this Agreement shall.apply.t.o . the.:use.of.PROGRAM income for such activities. X. INDEPENDENT CONTRACTOR This is an Agreement by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CORPORATION and CITY CORPORATION, including its officers, employees, agents or subcontractors, shall not have any claim under this Agreement or otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits extended to employees of CITY. X1. ASSIGNABILITY A. This Agreement may,not. be assumed nor assigned to another corporation, person.. partnership or any other.entity without the prior written approval of CITY. B. None of the work or services to be performed hereunder shall be assigned, delegated or subcontracted to third parties without the prior written approval of CITY. Copies.of all third party contracts shall be submitted to CITY at least ten days prior to the proposed effective date. In the event CITY approves any such assignment, delegation or.sub- contract, the subcontractors, assignees or delegates shall be deemed to be employees of CORPORATION, and CORPORATION shall be responsible for their performance and any liabilities attaching to their actions or omissions. -10- XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION CITY and CORPORATION agree to maintain the confidentiality of any information regarding applicants for services offeAd by the PROGRAM pursuant to this Agreement or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agreement, and then only to persons having responsibilities under this Agreement, including those furnishing services under the PROGRAM through approved subcontracts.. XIII. HOLD HARMLESS In addition to the indemnity set forth in Exhibit "D CORPORATION shall,,.indemnify and hold CITY, its officers, employees and elected officials, boards..and commissions, harmless with respect to any damages, including attorneys fees and court costs, arising from 1) the failure of the PROGRAM to comply with applicable laws, ordinances, codes, regulations and decrees, including without limitation those set forth in Exhibit "E "; or, 2) any negligence or omission arising out of any work or services provided by CORPORATION, its officers, employees, agents or subcontractors under the PROGRAM or this Agreement. XIV. WAIVER OF RIGHTS AND REMEDIES In no event shall any payment by CITY constitute or be construed to be &.waiver by CITY of any breach of the covenants or conditions of this.Agreement or any default which may then exist on the part of CORPORATION, and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with respect to such breach or default. In no event shall payment to CORPORATION by CITY in any way constitute a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to CORPORATION on any item which is not eligible for payment under the PROGRAM or this Agreement. FAr ( -11- XV. NONDISCRIMINATION In connection with the performance of this Agreement. CORPORATION assures that no person shall be subject to discrimination because of sex, race,.religion, ethnic background, sexual preference, age, handicapped status, or union.activity. XVI. AMENDMENTS Amendments to the terms or conditions of this Agreement shall be requested in writing by the party desiring such amendment, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto. XVII. INTEGRATED DOCUMENT This Agreement contains the,entire.,Agreement between CITY —and CORPORATION With respect to the subject matter hereof. No written or oral ..Agreements with any officer, agent or employee of CITY prior to..execution of this Agreement shall affect or modify any of the terms of obligations contained in any documents comprising this Agreement. XVIII. MISCELLANEOUS A. The captions of this Agreement are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meanin4 of the provisions of this Agreement. B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this reference as if set forth fully herein. / -12- IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day and year above written. CITY OF SARATOGA [� MAYOR ATTEST: CITY CLERK CORPORATION By Executive ; b it ctor / APPROVED. AS TO FORM.& LEGALITY: CITY ATTORNEY -13- 0 EXHIBIT D Insurance Requirements Indemnity:. Corporation agrees to indemnify and save harmless the City of Saratoga, its officers, employees and elected officials, boards and commissions from all suits, actions, claims, causes of action, costs, demands judgments and liens arising out of the Corporation's performance under this Agreement, including the Corporation's failure to comply with or carry out any of the. provisions of this Agreement. Insurance: Corporation shall take out prior to commencement of the— perfo=mance of the terms of this Agreement, pay for, and maintain until completion of this Agreement, the following types of Policies. These Policies must cover at least the following, which are minimum coverages and limits. I. Comprehensive General Liability Insurance including the following: (1) Premises Operations (including completed operations, if the exposure exists) (2) Broad Form Blanket Contractural (3) Personal Inury coverages A, B and C, delete exclusion "C" a. All coverages must have a minimum of $500,000 Combined Single Limit II. Compr.ehensive Auto Policy to cover: (1) Non -Owned (2 ) Hi red -Auto a. There coverages must have a minimum of $500,000 Combined Single Limit for bodily injury and property damage. III. Errors or Omissions coverage for attorneys and paralegals with a minimum 1 mit of $500,000 per occurrence Combined Single Limit with no more than $1,000 deductible per occurrence. (Where scope.of services provides for attorneys and paralegals) IV. Medical Malpractice Insurance: Minimum limits of $500,000 per occurrence with no greater deductible than $1,000 per occurrence. This is to cover all medical staff associated with the Corporation, such ad, but not limited to, doctors, nurses, and paramedicals. (Where scope of services provides for medical staff) V. Workers Compensation coverage with the statutory limit of liability and $1,000,005 employer's liability. - i - i Endorsements: On all required insurance the following_ endorsements must be a part of each Policy: (1) The City of Saratoga, and its officers, officie &ls, boards, commissions, employees and volunteers are to be additional insureds. (2) Thirty (30) days notice of cancellation or reduction in coverage of any nature must be given to the City of Saratoc (3) The insurance policies must be endorsed to show that they are primary, and any other valid and collectible insurance the City of Saratoga may have will be excess only. (4) All insurance policies must be satisfactory to the City of Saratoga. -ii- 1 EXHIBIT E ASSURANCES it Corporation hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this federally- assisted program. Also, Corporation gives assurances and certifies with respect to the Program that: (a) The Program will be condLcted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -325, 42 USC 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L. 90 -284, 42 USC 3061 et seq.), as amended, and implementing regulations; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant to thereto (24 CFR Section-570.601); (4) Section3 of the Housing and Urban Development Act of ,1968, as amended and implementing regulations at 24 CFR Part 135; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (6) Executive♦Order 11063, as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L. 93 -112), as amended and implementing regulations when published for effectr (8) The Age.Discrimination Act of 1975, as amended, (Pub.L. 94 -135) and implementing regulations when published for effect; (9) The relocation requirements of.Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies ' Act of 1970, and the implementing regulations at 24 CFR Part 42; (10) The labor standards requirements as set forth in 24 CFR 5570.605 and HUD regulations issued to implement such requirements (11) Executive Order 11988 relating to the .evaluation of flood hazards and Executive Order 11288 relating to the prevention,. control, and abatement of water pollution; (12) The flood A assurance purchase requirements of r. e Section 102(a) of the Flood Disaster Protection Act of 1973, (Pub.L. 93 -234). (13) The regulations, policies, guidelines and requirements of OMB Circular Nos. A -102, Revised, A -87, A -110 and A -122 as they relate to the acceptance and use of Federal funds under this federally- assisted Program. (b) No member,' officer, or employee of.the Corporation, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Program during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Program and all such contracts or subcontracts shall contain a provision prohibiting such interest; (c) It will comply with the provisions of the Hatch Act which limit the political activity of employees; (d) It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; (e) It will comply with the lead -based paint requirements of 24 CFR Part 35 Subpart B issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.). IV - M It SARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. MEETING DATE: 10/19/88 ORIGINATING DEPARTMENT: Planning AGENDA ITEM (� CITY MGR. APPROVAL SUBJECT: V -88 -010, 20881 Canyon View Dr. (Krueger) - Appeal of the Planning Commission decision approving a variance application to allow the construction of a home on 31.2% slope in lieu of 300 maximum allowed. Recommended Motion: Deny the appeal and affirm the decision of the Planning Commission. Report Summary: The City Council discussed the appeal at the 9/7/88 meeting and required that a soils report for the property be prepared for the Council review prior to final discussion regarding the appeal. The soils report was reviewed by the City Geologist and has been found satisfactory. Fiscal Impacts: None Attachments: 1. Soil investigation dated September, 1988 2. Report to City Council dated 9/7/88 3. City Council minutes of 9/7/88 4. Correspondence Motion and Vote A:V -010 SOIL INVESTIGATION Proposed Krueger Residence 20881 Canyon View Drive Saratoga, California SEPTEMBER 1988 Applied Soil Mechanics, Inc. SOIL AND FOUNDATION ENGINEERS • GEOLOGISTS 835 Blossom Hill Road, Suite 215 • San Jose, California 95123 (408) 365 -8100 • FAX (408) 365 -8362 File No. A8- 1986 -J1 September 20, 1988 Mr. Donald Krueger 1076 Royal Acres Drive San Jose, CA 95136 Subject: Proposed Krueger Residence 20881 Canyon View Drive Saratoga, California SOIL INVESTIGATION Dear Mr. Krueger: As you requested, we have completed the soil investigation for the subject project. The purpose of the investigation was to determine the current surface and subsurface soil conditions as they may affect the proposed lot. We have previously conducted a Geologic Review and Preliminary Soil Feasibility Study for the subject site and presented the results of that study in a letter dated August 30, 1988. The results of our geologic and soil investigations indicate that the site is suitable for a single - family residential structure provided the recommendations in this report are carefully followed. Presented herein is our report covering the results of our subsurface exploration and laboratory testing program, together with our recommendations covering the soil engineering aspects of design. We should review the grading and foundation plans, prior to construction bidding, to verify conformance with our recommendations. We should also provide the on -site soil services during grading and foundation construction, as specified in our recommendations. If you have any questions regarding the contents of this report, or require any further information, please contact our office. Sincerely, APPLIED SOIL MECHANICS, INC. Written By: Thomas A. Sparrowe Project Geologist TAS /sp Copies: 6 to Addressee ]RECEIVED SEP 2 21988 PANNING DEPT. i R _i ewed By : Le r41 1 41_ &t,& & Carl W. Greenlee Geotechnical Engineer #355 File No. A8- 1986 -J1 September 20, 1988 TABLE OF CONTENTS INTRODUCTION Page No. Object and-Scope of Investigation 1 Planned Development 2 Location and Description of the Site 2 Subsurface Conditions 4 CONCLUSIONS 5 RECOMMENDATIONS General 6 Site Development and Grading 6 Foundation Recommendations 9 Concrete Slabs -On -Grade 11 Retaining Wall Design 12 Surface Drainage 14 LIMITATIONS AND UNIFORMITY OF CONDITIONS 15 APPENDIX A Field Drilling Program A2 Logs of Test Borings 1 -6 A3 -A4 APPENDIX B Description of Laboratory Test Procedures B2 Test Results B3 -B4 APPENDIX C General Grading Specifications C2 LIST OF FIGURES Figure 1 Site Plan 3 Figures Al -A2 Logs of Test Borings 1 -2 A3 -A4 LIST OF TABLES Table I Summary of Moisture, Density, Swell and Direct Shear Testing B3 Table II Summary of Atterberg Limits Test Results B4 Applied soil Mechanics File No. A8- 1986 -J1 September 20, 1988 INTRODUCTION Object and Scope of Investigation The object of this soil investigation was to determine the soil and ground- water conditions at the site and based on the conditions revealed by the investigation, to provide recommendations that can be used in the development of the site for the proposed single - family residential structure. This report covers soil investigation, subsurface conditions, site preparation and grading requirements for the proposed property and general foundation design criteria for the proposed structures. We have previously conducted a Geologic Review and Preliminary Soil Feasibil- ity Study for the subject site and presented the results of that study in a letter dated August 30, 1988. The purpose of that investigation was to deter- mine the local and regional geologic conditions on and around the subject property, and to determine whether the existing soil and geologic conditions were the same as reported by Bay Soils, Inc., dated September 24, 1979, and Budinger & Associates, dated April 4, 1986. The results of our study concluded that the geologic and soil conditions had not changed and the site did not have any adverse slope stability problems. Basic data for the foundation analysis was obtained through literature review of available reports and maps, site inspection, subsurface borings, subsurface soil sampling and laboratory testing program on selected soil samples. Detailed descriptions of these operations are incorporated into the subsequent sections of this report. 1 Appim Soii Mechopics ED File No. A8- 1986 -J1 September 20, 1988 Planned Development Current building plans call for the construction of a custom built single - family residential home at the approximate location shown on Site Plan, Figure 1. The building will be a split level, one- and two -story structure of wood - frame construction, with wood floors in the living areas and a concrete slab - on -grade floor in the garage. Up to 9 feet of soil will be excavated in the building area. Concrete or masonry retaining walls, laterally supporting up to 8 feet of soil are planned as part of the construction of the house and backyard. The grading of the driveway is anticipated to have up to 5 feet of cut and fill. Wooden retaining walls are now planned to retain the driveway cut and fill slopes. Conventional municipal sewer service will be utilized for the residence. Therefore, the construction of a septic leachfield system will not be necessary within the property. Location and Description of the Site The rectangular shaped site is located on the east foothills of the Santa Cruz Mountain Range in Saratoga, California. Access to the site is from the southeast, off Canyon View Drive, (refer to Site Plan, and Geologic Map, Figure 1). Topographically, the subject site is characterized by moderately steep (31.2 percent inclination) east - facing hillside topography. Previous grading associated with the construction of Canyon View Drive and a private driveway, has resulted in a steep (28 degree inclination) cut slope along the eastern property line. Drainage is characterized by uncontrolled sheet flow to the southeast. The site currently supports grass, weeds and a few small trees. 2 Applied Soil Mechanics File Nu. A8- 1986 -J1 September 20, 1988 e �+ � \s�� rjo rPrro Se ea A O N G O �G.at age • �� Approximate location of 2 T -2 proposed re- .............. taining wall (typical) OSEO..:::: T ::.. OP RES %p::::::: :: ::::::. APPROXIMATE LOCATION OF T -3 TEST BORING(typical) APPROXIMATE LOCATIO ^1 OF EXPLORATORY TRENCH FOR GEOLOGIC INVESTIGATION(typical) LOCALITY MAP n D Z rr, ::k. C SCALE IN FEET 0 25 50 75 Figure 1 - Site Plan and Locality Map, 20881 Canyon View Drive., Sara nGa- HlCs 3 M oA File No. A8- 1986 -J1 September 20, 1988 Subsurface Conditions On September 1, 1988 two (2) test borings were drilled to obtain subsurface profiles and soil data for the project. Based upon our examination of the material encountered in the exploratory borings, the subsurface materials on the site generally consists of 1 to 5 feet of silty CLAY (CL) soil underlain by weathered, semi - consolidated and cemented beds of conglomerate, sandstone, siltstone and claystone of the Santa Clara Formation. The approximate locations of exploratory borings are shown on the Site Plan, Figure 1. Detailed descriptions of the materials encountered in each of the exploratory borings are presented on the boring logs in Appendix A. The boring logs and related information depict the subsurface conditions only at the locations indicated and on the particular date designated on the logs. Our Laboratory program included moisture content, dry density, plasticity index and direct shear tests. The results of these tests (Table I and Table II, Appendix B) were used for engineering classification of the site soils, evaluation of potential soil problems, and determination of grading and foundation design criteria. 4 Applied Sou mechanics File No. A8- 1986 -J1 CONCLUSIONS September 20, 1988 The following conclusions are drawn from the data acquired and evaluated during our soil investigation for the proposed residential development. 1. Site Suitability: Based on the findings of the literature research and field reconnaissance, it is concluded that the proposed building site and driveway are physically suitable from a geotechnical standpoint for the proposed single - family residential home site. 2. Soil Expansion: The surface soils and moderately weathered bedrock at the proposed building pad elevations have a moderately high plasticity (PI =31) and therefore, have moderately high expansion potential. 3. Foundations: Because of the hillside nature of the proposed building site, the expansive potential of the near - surface soils and the variable subsurface soil conditions, a foundation system consisting of drilled friction piers and connecting concrete grade beams appears to be the most appropriate to support a house on this lot. 4. Settlement: The rather firm soil and bedrock conditions on site indicate that differential settlement due to static loading from building construction (including fill placement) should not present a problem to the proposed development. 5 APPiied Soil Mechanics File No. A8- 1986 -J1 RECOMMENDATIONS General September 20, 1988 The following paragraphs present recommendations for the design and construc- tion of -the single - family, custom home. These recommendations are ted toward the reduction of the identified geologic and soil condi" - J,ay affect building performance; for the general development of -nd for the design and construction of the foundation units. These ;rrmen,...tions are based on the results and conclusions reached during our engineeri-_ :naly- sis and evaluation of the field and laboratory data for this inve�-'.- on. If an asphalt pavement is desired for the driveway, we can ._ pavement designs for the subject site. However, because cuts a .­ f;" ; will be required to build the driveway, we suggest that the final pa:.: _.: resign testing be deferred until the distribution of the various soi '_rock materials during construction can be determined. Site Development and Grading 1. Development of the site as proposed will require the rots of earth be moved and some relocation of excavated soils as fil, -,11 of the grading should be done under the direct observation of, and testing by a representative of our firm. 2. All debris should be removed from the site. All surface organics should be stripped from all proposed structural zones and areas to be graded. It is expected that organic stripping will involve the removal of at least the upper four to eight inches of organic surface soil over most of the building area. The exact amount of stripping should be determined by the Soil Engineer in the 6 Applied Sou mechanics File No. A8- 1986 -J1 September 20, 1988 field during grading operations. This organically contaminated soil may be either be stockpiled for later use as topsoil in landscaped areas, or be hauled from the site. In no case should this organically contaminated soil be used as compacted fill or under pavement sections. 3. All abandoned underground pipelines shall be plugged, removed or demol- ished. The appropriate final disposition of such lines shall depend upon their depth and location, and the method of removal or demolition shall be determined by field observation by the Soil Engineer. One of the following methods will be used. A. Excavate and totally remove the pipeline from the trench. B. Excavate and crush the pipeline in the trench. C. Cap the ends of the line with concrete to prevent entrance of water. The locations at which the utility line shall be capped will be determined by the Soil Engineer. The length of the cap shall not be less than five feet, and the concrete mix.employed shall have minimum shrinkage. 4. All exploratory trenches and pits excavated for previous soil and geologic investigations should be reworked unless they are in areas designated for landscaping or will be totally removed by planned cutting operations. 5. Unless otherwise approved by the Soil Engineer, all excavations and depressions created during site clearing and demolition operations shall be left open with bottoms consisting of undisturbed native soil. For safety purposes, sidewalls may be ramped outward from the excavations. All such excavations or depressions will be backfilled with clean engineered fill. The fill shall be placed in layers not exceeding 8 inches in thickness and 7 Applied soil Mechanics File No. A8- 1986 -J1 September 20, 1988 compacted to 90% relative compaction, at optimum moisture (or above), before subsequent layer is placed. 6. The properly cleared and stripped native ground in areas to receive fill or pavement sections should be scarified to a depth of 6 to 8 inches, moisture conditioned over optimum and recompacted to not less than 90% relative compaction prior to receiving compacted fill or pavement sections. 7. All fills placed on sloping ground (greater than 10:1, horizontal to vertical) must be properly keyed at their base and continuously benched into the underlying natural slope. Once the keys have been approved by our firm, filling may proceed. Each layer of fill should not be greater than 8 inches in thickness and must be compacted to 90% relative compaction at optimum moisture (or above) before subsequent layer is placed. The base of the keys should be scarified and recompacted, as specified for areas to receive compacted fill. 8. Constructed slopes, either cut or fill should not exceed 2:1, horizontal to vertical, in finished slope. All cut slopes should be inspected by the Soil Engineer and Engineering Geologist to ascertain the need for any stabilizing buttress grading. Fill slopes should be constructed slightly over size laterally so that they can be trimmed to a clean finished surface at the completion of grading. All constructed slopes should be protected against over - the -slope runoff of rain or surplus irrigation water by some appropriate drainage control facility. All new fill should receive some type of erosion control planting soon after completion of grading. 9. Cut portions of cut /fill transition building pads may require over - excavation and rebuilding with compacted fill to provide a uniform support for 8 Applied soil Mechanics File No. A8- 1986 -J1 September 20, 1988 the proposed structures. The need and required depth of overexcavation will be determined by our office during grading operations and will depend upon the location of the cut /fill boundary and depth of fill, existing soil conditions, etc. Foundation Recommendations 10. It is our recommendation that the house and garage be supported by a combination of friction pier and grade beam perimeter and isolated pier and post interior foundations. Retaining walls that function as house foundations may be supported by conventional foundations if the walls are in areas of cuts deeper than 3 feet below the existing ground surface. ` 11. The drilled, cast -in- place, concrete piers should be a minimum of 12 inches in diameter and should be drilled to a minimum depth of 8 feet below the bottom of the grade beam. All isolated interior piers under wood floors and under exterior wood decks, etc., should also extend at least 8 feet below the ground surface. 12. The allowable skin friction or adhesion for dead plus live load is 400 psf for the friction piers. The top 2 feet of soil embedment for piers should be discounted when computing the total load- carrying capacity of the friction piers. The allowable friction value may be increased by one -third to include short term wind and seismic effects. An equivalent fluid weight of 300 pcf may be used for passive pressure for the soils in lateral resistance. All interior and exterior piers should contain reinforcing steel full depth. 13. All concrete grade beams should be a minimum of 8 inches wide and be horizontally reinforced continuously top and bottom. The grade beam trenches 9 Applied soil mechanics • File No. A8- 1986 -J1 September 20, 1988 should penetrate into the undisturbed soil pad at least 6 inches for raised- wood floor areas and at least 12 inches around concrete slab -on -grade areas, such as the garage. The penetration of grade beams into the soil pad will tend to reduce the potential for migration of exterior irrigation and rain water under the perimeter foundations to the underside portion of the house. 14. The actual final design of the grade beams, reinforcing, size and spacing of the piers will depend upon actual building loads and should be determined by the engineer responsible for the foundation design. 15. Any masonry fireplace footings should be supported by a minimum of four drilled, reinforced concrete friction piers, penetrating at least 8 feet into the underlying firm native soil or compacted structural fill. The base foot- ing, to be supported by drilled piers, should be trenched at least 12 inches below the lowest adjacent soil pad grade and be reinforced with at least No. 4 horizontal bars on 12 -inch centers each way, placed near the bottom of the footing. The vertical reinforcing bars in the piers should be tied into the horizontal steel of the fireplace spread footing. 16. At least 6 inches of soil is to be backfilled against the exterior of grade beams with a sufficient slope to create positive drainage away from all foundations. 17. All foundation piers should be drilled under the observation of a repre- sentative from our firm who will verify the proper penetration depth into the underlying firm native soil. 10 Applied Soil Mechanics File No. A8- 1986 -J1 September 20, 1988 18. The foundations should be designed to withstand the effects of antici- pated ground shaking. The latest edition of the Uniform Building Code should be considered as the minimum design standard. Concrete Slabs -On -Grade 19. Exterior, non - traffic bearing concrete slabs -on -grade such as side and patios should be underlain by at least two (2) inches of appro�au compacted, import granular base material. 20. Concrete slab -on -grade garage floors slab should be founded on at least by at least four (4) inches of clean 1/2 -inch gravel which will act as a base course and moisture break. 21. Concrete slab -on -grade driveways should be founded on at least by at least four (4) inches of approved compacted granular base material. 22. For concrete slab -on -grade floors in living areas, at least 6 inches of clean gravel (112" maximum diameter) should be placed between the slab and the finished soil pad grade to act as a capillary break and cushion layer. No plastic membrane is required as a moisture barrier if clean gravel is used as a slab base material. An alternative base section for slabs in living areas, would be 2 inches of clean sand over a plastic membrane, over 4 inches of clean pea gravel (3/8" maximum diameter). 23. All interior concrete slabs -on- grade, including the garage slab, should be reinforced with at least wire mesh. The concrete slabs in living areas shall be structurally connected to all adjacent foundations. Reinforcement of the driveway is considered optional. The garage slab -on -grade adjacent to door openings, should be structurally dowelled to the adjacent foundation. 11 Applied soil Mechanics File No. A8- 1986 -J1 September 20, 1988 24. Both driveway and garage slabs -on -grade should be divided into four (4) to six (6) approximately equal size sections in order to to reduce the poten- tial for shrinkage cracking. This sectioning may be accomplished by deep scoring, emplacement of expansion joints or other standard techniques. The divisions should be in two directions perpendicular to the edges of the slabs. Retaining Wall Design 25. It is our understanding that the retaining wall behind the house will be up to 8 feet in height and retain a 2:1, horizontal to vertical, slope of structural fill and native soil. Portions of the house will be supported by a foundation retaining wall that will be up to 5 feet in height and retain a 2:1, horizontal to vertical, slope of structural fill and native soil All retaining walls acting as house foundations, shall be supported by drilled friction piers, which are recommended for the house foundations. Based upon the above assumptions, the wall design criteria is as follows: A. Active (free standing walls) - 45 pcf equivalent fluid weight; B. Passive - 300 pcf equivalent fluid weight; C. Coefficient of friction (base.sliding) -N= 0.40 (where no piers support- ing; D. Allowable spread foundation bearing capacity (dead plus live load) - 2,500 psf; E. Minimum spread foundation trenching (below lowest adjacent dense soil grade) - 18 inches. The top 1 foot of soil embedment at the toe of the footing should be discounted when computing the total lateral (passive resistance) of the retaining wall foundation. 12 App u Soii�Mechanics File No. A8- 1986 -J1 September 20, 1988 26. Retaining walls for the driveway will have vertical timber posts with horizontal timber lagging. The walls are presently designed to be up to 5 feet in height a will retain a horizontal and a 2:1, horizontal to vertical, slope. 27. The above recommended pressures assume that a drainage system is constructed behind the walls to prevent the buildup of hydrostatic pressures. The wall drainage system should consist of either free - draining, clean 1/4" to 1" diameter gravel encased in an envelope of filter fabric or Caltrans Class 2 Permeable without a filter fabric, placed as backfill behind the retaining wall. The drain blanket should be at least 12 inches wide and extend from the base of the wall to within 24 inches of the final ground surface when exposed to the weather. The uppermost 24 inches over the drain rock blanket should be composed of general structural fill, compacted to at least 90% relative compaction (ASTM D1557 -70). For retaining walls not exposed to the weather the drain blanket should extend from the top of the footing up to the surface so that any water under the house will drain to the gravel backfill. 28. All retaining walls should have a 4" diameter perforated rigid pipe that is bedded at the bottom of the rock blanket, perforations down. This drain pipe should have a minimum gradient of 0.5 percent and should lead to a sump or other appropriate discharge facility at either or both ends of the retain- ing wall. 29. The retaining walls that are part of the house structure should be moisture proofed to prevent water or moisture from penetrating the walls and entering the garage or other interior areas of the house. 13 Applied Soil Mechanics File No. A8- 1986 -J1 September 20, 1988 30. A concrete lined drain ditch should be constructed at the top of the retaining walls to prevent surface irrigation or rain water, above the wall, from flowing over the top of the walls. Surface Drainage 31. Surface drainage control should be provided throughout the completed project to protect the future stability of the foundation, driveway, roadway and slopes. The site should be graded to provide rapid removal of surface water away from the structures, the top of graded slopes, and areas of identi- fied landslide potential, slope instability, or soil creep. All surface drainage should be properly intercepted and discharged into appropriately designed facilities to avoid any uncontrolled flow which may cause erosion. 32. Planting (as specified by the Project Landscape Architect) for purposes of erosion control should be installed as quickly as possible after the completion of grading operations on all completed graded slopes. Ideally, such planting should be restricted to native grasses and shrubs which require minimal amounts of irrigation water. Potentials for erosion and slope insta- bility are often created by excessive irrigation. 33. All exterior soil grades adjacent to foundations should be sloped away from the building in order to prevent surface water from ponding adjacent to the foundation. The use of roof gutters should be used for the entire project. All roof drainage should be collected in a water tight pipe system and discharged into the storm drain system or frontage street below the structure. 14 Applied Soil Mechanics File No. A8- 1986 -J1 September 20, 1988 34. The final soil subgrade under the wood floors of the house should be shaped to drain toward a low corner of the crawl space, where a 4 -inch pipe should be provided through the perimeter house foundation, to allow for the immediate removal of any irrigation water or rain water that might find its way under the house. This drain pipe should be extended to a proper discharge point below the house. 15 Applied soil Mechanics File.No. A8- 1986 -J1 LIMITATIONS AND UNIFORMITY OF CONDITIONS 1. The recommendations of this report are the soil conditions do not deviate from thos any variations or undesirable conditions are or if the proposed construction will differ time, Applied Soil Mechanics, Inc., should b recommendations can be given. September 20, 1988 based upon the assumption that e disclosed in the borings. If encountered during construction, from that planned at the present e notified so that supplemental 2. This report is issued with the understanding that it is the responsibil- ity of the owner or of his representative to ensure that the information and recommendations contained herein are called to the attention of the architect and engineers for the project and incorporated into the plans and that the necessary steps are taken to see that the contractor and subcontractors carry out such recommendations in the field. 3. The findings of this report are valid as of the present date. However, changes in the conditions of a property can occur with the passage of time, whether they are due to natural processes or to the works of man, on this or adjacent properties. In addition, changes in applicable or appropriate standards occur, whether the result from legislation or the broadening of knowledge. Accordingly, the findings of this report may be invalidated, wholly or partially, by changes outside of our control. Therefore, this report should not be relied upon after a period of three years without being reviewed and approved by a Soil Engineer. 4. This report was prepared upon your request for our services, and in accordance with currently accepted standards of professional soil engineering practice. No warranty as to the contents of this report is intended, and none shall be inferred from the statements of opinions expressed. 16 Applied 3011 McChaRICS APPENDIX A Field Drilling Program Logs of Test Borings Applied soil Mechopics File No. A8- 1986 -J1 FIELD DRILLING PROGRAM September 20, 1988 The approximate locations of the test borings are illustrated in Figure 1, Site Plan. The drilling was accomplished on September 1, 1988 under the supervision of Project Geologist, Mr. Thomas A. Sparrowe. A total of two (2) test borings were drilled within the subject site. Test boring no. 1 was drilled to a depth of approximately 21.5 feet below the existing ground surface. Test boring nos. 2 to a depth of approximately 11.5 feet below the existing ground surface. The test borings were drilled with a truck mounted drill -rig, and utilized a six -inch diameter continuous flight auger. As the borings were advanced, relatively undisturbed samples were obtained at various depths by hammering a standard three -inch diameter (O.D.) split -tube sampler into the undisturbed soil mass. The hammering system consisted of a 140 -pound hammer with a 30- inch free fall, in order to obtain a blow -count value. Relatively undisturbed soil samples were obtained from the standard three -inch diameter sampler. The Logs of the Test Borings, showing the vertical distribution of the soil units, the locations of the samples, blowcount values and selected laboratory test results are presented in Figures Al and A2. Applied Soil MEMO A2 File No. A8- 1986 -J1 September 20, 1988 Figure Al - Log of Test Boring No. 1 A3 Applied soil Mechanics IN- PLACE OIDfH SAMPLE LOG 0U MPTI0N IN FEET NO. UUTI0N for WU 1M'MwO r�N Date drilled: 9/1/88 DIRT DENSITY MOISTURE CONTENT Logged by: TAS sc! %d''' •t 0. Approximate Elevation = 601 feet Brown Silty with sand an • with gravel, stiff, dry. • 2. 104 10.8 eo Dark brown Silty CLAY (CL) with some • sand and fine gravel, stiff, slightly . 4. moist. 6. ' Brown -grey CONGLOMERATE, subrounded, oa° °•� well graded, hard. Sand matrix, poorly . 8. ° °b• consolidated, with occasional sandy ' 1-2 Q °o 75 CLAYSTONE lens, approx. 6" thick, hard, 118 9.0 very slightly moist 10. (SANTA CLARA FORMATION) Very coarse clasts at 10.5 feet. ,12• __ Brown Sandy CLAYSTONE and SANDSTONE, - very stiff to dense, fine grained, . 14, 1 -3A 76 moist. 118 io.0 = — — CONGLOMERATE, 126 11.5 • Ol:o' CLAYEY gravel. Brown, very dense to • 16. •b hard, slightly moist. Sandier at 15' with some thin lenses of fine sandstone as °:o and siltstone at 17' to 18.2' 18. ooio 71 fo 104 :;..� 111 120 13.5 . 20. Boring terminated at 18.9 feet. • Free groundwater was not encountered. Figure Al - Log of Test Boring No. 1 A3 Applied soil Mechanics File No. A8- 1986 -J1 September 20, 1988 Figure A2 - Log of Test Boring No. 2 A4 Applied Soil Mechanics IN- PLACE QPTH SAMPLE LOG III Powis OCI M►TION IN FEET 000. LOCATION yl� nNIy,wM ..,,„ Date drilled: 9/1/88 OIIV DENSITY MOISTURE CONTENT Logged by: TAS P°` %*V wt. 0. • Elevation =613 feet Brown Silty CLAY (CL) with sand, • 2. 2 -1 stiff, dry. 113 12.9 Greyish brown SILTY CLAY (CL) with gravel, • very stiff, slightly moist. . 4. • 0 forl • 6. 2-2 Light olive grey Silty SANDSTONE with 115 14.9 112 occasional gravel lens, poorly consol- idated, hard, slightly moist. • 8• (SANTA CLARA FORMATION) __ • aR b,' Olive brown CONGLOMERATE, well graded, 10. off poorly consolidated with clay binder, —1 very dense, slightly moist. .12. - — 66� Grey mottTed yel -low- orange Clayey SAND- 119 13.3 STONE, very dense to hard, slightly . moist. Boring terminated at 11.5 feet. Free groundwater was not encountered. Figure A2 - Log of Test Boring No. 2 A4 Applied Soil Mechanics APPENDIX B Descriptions of Laboratory Test Procedures Laboratory Test Results Applied 3011 McChODICS File No. A8- 1986 -J1 September 20, 1988 DESCRIPTION OF TEST PROCEDURES The following laboratory tests were performed on selected samples of the various soil strata encountered in the test borings, to determine their physical characteristics pertinent to geotechnical aspects of the proposed development. Tests performed were selected on the basis of the probable final design requirements, correlated to the site subsoil profile, as determined by the logs of the test borings and the site geology. A short general description of the tests performed, including a brief discussion of the purpose of each test, is given as follows: A. Moisture - Density (ASTM D2937): Conducted on undisturbed soil samples, to determine their in -situ moisture contents and dry unit weights. These tests aids in— d ermining general soil conditions and properties. See the Logs of the Test Borings (Appendix A, pages A3 -0), and Table I (Appendix B, page B3). B. Direct Shear (ASTM D3080): Conducted on a undisturbed soil sample to determine the sample's in -situ unit cohesion and angle of internal friction. This test provides soil shear strength values, which aid in determining such design criteria as bearing capacities and lateral earth pressures. See Table I (Appendix B, pages B3). C. Atterberg Limits (ASTM D424 -71): Conducted on an undisturbed soil sample, to determine its liquid limit and plastic index values. This test provides water content values for the sample's liquid and plastic phases. The test aids in determining the expansive characteristics of the soil tested. See Table II (Appendix B, page B4). Applied Soil Mechaflb B2 File No. A8- 1986 -J1 September 20, 1988 TABLE I Summary of Moisture - Density, Swell & Direct Shear Results Sample Depth In -Place Conditions Swell Index Direct Shear Testing Moisture Dry % swell / Content Density % moisture Angle Unit Increase Internal Cohesion W/100 psf Friction No. feet (% dry wt) p.c.f. Surcharge (degrees) p.s.f. 1 -1 2.5 10.8 109 1 -2 9.0 9.0 118 1 -3A 14.0 10.0 118 1.1 22 2100 1 =3B 14.5 11.5 126 1 -4 18.7 13.5 120 2 -1 2.5 12.9 113 2 -2 6.5 14.9 115 2 -3 11.5 13.3 119 NS = NO SAMPLE recovered from the sampler during the drilling operations. DS = DISTURBED SAMPLE, no moisture /density tests conducted on this sample. B3 Applied Soil Mechanics File No. A8- 1986 -J1 TABLE.II September 20, 1988 Summary of Laboratory Atterberg Limits Test Results Sample Depth Description of Soil Atterberg Limits Liquid Plasticity Limit Index ft. % (P.I.) 2 -1B 2.5 Yellowish brown Silty CLAY with sand 48 31 64 Applied soil Mechanics APPENDIX C General Grading Specifications Applied soil Mechanics File No. A8- 1986 -J1 GENERAL GRADING SPECIFICATIONS FOR: Proposed Krueger Residence 20881 Canyon View Drive Saratoga, California 1. Limitations September 20, 1988 1.1 The following information is of a general nature and is intended for use only in conjunction with the site - specific information contained within the main body of the soil investigation of which it is a part. The report should be reviewed in its entirety prior to implementation of these specifica- tions. 1.2 These specifications concern clearing, grubbing and general soil preparations; spreading, compaction and control of fill operations; and subsidiary work necessary to complete grading to conform within the lines, grades and slopes as shown on the accepted plans. 1.3 In the event that any conditions encountered during grading operations, the be immediately notified for directions. 2. Field Observation and Testing not covered in this report are Soil Engineer (see Item 2.1) shall 2.1 Applied Soil Mechanics, Inc., hereafter referred to as the Soil Engineer, should be consulted prior to commencement of any work involving these specifications. Verification of compliance by the Soil Engineer requires observation and testing services which must be conducted contempora- neously with the associated construction operations. The Soil Engineer shall be notified at least forty -eight (48) hours in advance of any clearing or grading operations on the site. 3. Laboratory Tests 3.1 Compaction specifications contained in this report are based upon the maximum density and optimum moisture content of the material. The laboratory test used to define these soil properties is ASTM Test Procedure No. D1557 -70. Minimum densities allowable during compaction control are expressed as a percentage of the maximum density value (% relative compaction "). 4. Site Clearing and Demolition 4.1 . All abandoned buildings and foundations, trees (except those specified to remain for landscaping purposes), fences, weeds and miscellaneous surface debris shall be removed, piled or otherwise disposed of to an extent that the areas proposed for development have a neat appearance and are suit- able for grading. C2 Applied Soil McChaRICS File No. A8- 1986 -J1 September 20, 1988 4.2 All abandoned septic tanks, and any other subsurface structures existing in proposed development areas, shall be removed prior to any grading or fill operations. All appurtenant drain fields and other connecting lines must also be totally removed. 4.3 All abandoned underground irrigation or pipeline shall be removed or demolished. The appropriate final disposition of such lines shall depend upon their depth and location, and the method of removal or demolition shall be determined by field observation by the Soil Engineer. One of the following methods will be used. 4.3.1 Excavate and totally remove the pipeline from the trench. 4.3.2 Excavate and crush the pipeline in the trench. 4.3.3 Cap the ends of the line with concrete to prevent entrance of water. The locations at which the utility line shall be capped will be determined by the Soil Engineer. The length of the cap shall not be less than five feet, and the concrete mix employed shall have a minimum shrinkage. 4.4 All abandoned water wells shall be capped and sealed in accordance with the requirements of the appropriate government agency. The strength of the cap shall be at least equal to the adjacent soil. The final elevation of the top of the well casing must be a minimum of 36- inches below the lowest adjacent grade existing after grading or fill operations. In no case shall building foundations be placed over the capped well. 4.5 Unless otherwise approved by the Soil Engineer, depressions created during site clearing and demolition left open with bottoms consisting of undisturbed native purposes, sidewalls may be ramped outward from the grading operations, all such excavations or depressions according to specifications determined as appropriate by their location and depth. 5. Rough Grading all excavations and operations shall be soil. For safety excavations. During will be backfilled the Soil Engineer for 5.1 All organically contaminated soil shall be stripped and removed from the ground surface upon which foundations, structural fill or pavement sections are to be placed. 5.2 The undisturbed natural ground surface exposed by the organic strip- ping, shall be plowed or scarified until the surface is free of ruts, hummocks or other uneven features which may inhibit uniform soil compaction. The ground surface should then be disced or bladed until it is uniform in texture and free from large clods. 5.3 Upon completion of Items 5.1 and 5.2, the ground surface shall be ready for moisture conditioning and compaction. C3 4pueo Sou mechanics File No. A8- 1986 -J1 September 20, 1988 5.4 Reference should be made to the Recommendations section of this report for the required depths of organic stripping and scarification, proper moisture conditioning, and allowable values of relative compaction. 6. Fill Materials 6.1 The materials for engineered fill shall be approved by the Soil Engineer before commencement of grading operations. Any imported material must be approved for use before being brought to the site. The materials used shall be free from vegetable matter and other deleterious material. Refer to the Recommendations section of this report for minimum quality standards for fill material. 7. Fill Construction 7.1 The approved fill materials shall be placed in layers no thicker than will permit adequate bonding and compaction. Each layer shall be spread evenly and shall be thoroughly blade mixed during the spreading to insure uniformity of material in each layer. 7.2 Fill material approved for certain purposes may include rock. No rocks will be allowed to nest, and all voids shall be filled and properly compacted. No rocks larger than three inches in diameter will be permitted in• the fill unless approved in writing by the Soil Engineer 7.3 When the moisture content of the fill is below that specified by the Soil Engineer, water shall be added until the moisture content is as specified to assure thorough bonding during the compaction process. 7.4 When the moisture content of the fill is above that specified by the Soil Engineer, the fill material shall be aerated by bl ading or other satis- factory methods until the moisture content is as specified. 7.5 After each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted to the specified density. 7.6 Compaction shall be by sheepsfoot roller or other types of accept- able compacting rollers. Rollers shall be of such design that they will be able to compact the fill to the specified relative compaction within the specified moisture content range. Rolling of each layer shall be continuous over its entire area until the required minimum density has been obtained. 7.7 Field density tests shall be made by the Soil Engineer during compaction operations. Where sheepsfoot -type rollers are used, the soil may be disturbed to a depth of several inches. Density tests shall be taken in compacted material below the disturbed surface. When these tests indicate that the density of any layer of fill or portion thereof is below the required relative compaction, the particular layer or portion thereof shall be reworked until the relative density has been obtained. C4 Applied soil Mechanics a t File No. A8- 1986 -J1 September 20, 1988 7.8 The fill operation shall be continued in compacted layers as speci- fied above until the fill has been brought to the finished slopes and grades as shown on the accepted plans. 7.9 All earth moving and working operations shall be controlled to prevent water from running into excavated areas. All excess water shall be promptly removed and the site kept dry. 7.10 Observations by the Soil Engineer shall be made during the fill and compaction operations to an extent sufficient to determined that the fill was constructed in accordance with the specifications of this report. 8. Seasonal Limits 8.1 Fill material shall not be placed, spread or rolled while it is at an unsuitably high moisture content or during unfavorable weather conditions. When the work is interrupted by heavy rain, fill operations shall not be resumed until field tests performed by the Soil Engineer indicate that the moisture conditions in areas to be filled are as previously specified. C5 Applied soil Mechopics 4 SARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. MEETING DATE: .9/7/88 ORIGINATING DEPARTMENT: Planning AGENDA ITEM CITY MGR. APPROVAL SUBJECT: V -88 -010, 20881 Canyon View Dr. (Krueger) - Appeal of the Planning Commission decision approving a variance application to allow the construction of a home on a 31.2 % slope at building site in lieu of 30% maximum allowed. Recommended Motion: Deny the appeal and affirm the decision of the Planning Commission. Report Summary: On July 13, 1988, the Planning Commission approved a variance application to allow a home on a 31.2% slope at the building site where 30% is the maximum allowed, in the R -1- 40,000 zoning district. The applicant's neighbor, Mr. Emil Kissel, has appealed the Planning Commission decision on the grounds that the subject lot is too small for a home and not buildable due to a history of landslides. Fiscal Impacts: None Attachments: 1. Report from the Planning Department dated 9/7/88 2. Appeal application and letter 3. City Geologist's report 4. Planning Commission Minutes dated 7/13/88 5. Letter from the appellant to the City Attorney dated 8/14/88. 6. Staff report to the Planning Commission, 7/13/88 Motion and Vote: CI 13777 FRUITVALE AVENUE • SARATOGA• CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 9/7/88 FROM: Planning Department SUBJECT: V -88 -010, 20881 Canyon View Dr. (Krueger) - Appeal of Planning Commission decision approving a variance to allow the construction of a home on a 31.2% slope in lieu of 30% allowed. Background /Analysis On 7/13/88, the Planning Commission approved a variance application from Ordinance 15- 12.061 of the City Code, to allow the construction of a home on a 31.2% slope, where 30% is the maximum allowed, in the R -1 zone district. The Planning Commission considered the possible building sites on the lot, the limitation of the size of the lot and the existing utilities easement, and approved the variance application. Analysis of the Appeal Mr. Emil Kissel, the applicant's neighbor, appealed for the reasons stated in his letter dated 7/1/88 and appeal dated 7/15/88. The reasons and staff analysis are as follows: 1. The lot is too steep and has a history of landslides. Construction on the lot will increase the chances of landslides. Other homes on the adjacent properties have similar landslide problems (reason #1 in appeal letter and #2 and #5 in letter to the Planning Commission). Response: The proposed plans for a home on the subject lot were reviewed by the City Geologist and the City Engineer. All the City Geologist's requirements for slope stability evaluations and soil investigation must be prepared and submitted to the City for review. All the requirements for the erosion control measures must be addressed prior to any building permit issuance. The lot is not exceptionally steep and variances were granted in the past to build on steeper lots (12553 Parker Ranch Road - 45 %; 12468 Parker Ranch Ct. - 33.5 %; 12502 Parker Ranch Ct. - 35 %). 2. The lot is too small for a large house and will add to the other excessively large homes along Canyon View Drive ( #2 in appeal letter and #3 in letter to the Planning Commission). Memorandum to City Council V -88 -010; 20881 Canyon View Drive Response: The Planning Commission denied the variance to exceed the allowable floor area requested by the applicant. The allowable floor area for the home is determined relative to the lot size, and is adjusted to the average slope on the lot. At this time, no home has been approved on the lot. 3. The subject lot is not an established building lot and is only a "left over" result after the location of Canyon View Drive ( #1 in letter to Planning Commission). Response: The lot is a lot of record and is zoned residential, R -1- 40,000. There are no special restrictions on the lot. The same requirements and standards of the City Code for any other lot in the zone will apply to this lot. 4. The future home will impact the view of the neighbor ( #4 in letter to the Planning Commission). Response: Due to the size of the home, the design review application for a new home was denied. View impacts of a future application will be reviewed and considered by the Planning Commission through the design review process. RECOMMENDATION• Staff recommends the City Council deny the appeal and affirm the decision of the Planning Commission. TA /lmc B:canyon N September 14, 1988 City Council Committee City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Variance, Applicant Krueger V -88 -010 Dear Council Committee: I apologize for missing the meeting held September 7, 1988 con- cerning the Mr. Krueger request for slope variance. My residence (20880 Canyon View Drive) is directly across the street and down the hill from the subject property. Two major areas are of concern to me: 1. the movement of the land, and 2. water coming from the hill above our house. I would like the opportunity to show anyone interested the effect of land movement on our property and what we have done to combat the problems. We have cracks in walls; doors that required re- work; floors that have been releveled, etc. We have also been plagued with water seepage problems. During the winter, water comes through the concrete block wall thz,t forms the west wall downstairs. I have made every effort to seal the driveway. We have been told by two different contractors that the water was coming from across the street and under the driveway. I have no way of proving where the water comes from, but I am sure to have water through the wall into the stairwell and then into the garage. The water is not a problem all along the wall, just in one area. Again, if anyone is interested, I would like to have them look at our situation. Respectfully, C Gordon R. Norris 20880 Canyon View Drive Saratoga, CA 95070 GN /gj r 5 E P 19 1988, 211 ',4 Sullivan day Saratoga, Ca. 95070 Sept 16, 1986 Mayor Andersen and City Council, JLi 1 1J00 I shall not be able to attend the continuation hearing 10 -19-66 On V-68-U10, 20881 Canyon View Dr. Since the hearing of 9 -7 -06t neighbor Gordon Norris, who lives directly across the road from, and downhill from dudol, has supplied evidence of underground water coming tnrough his foundation wall. he has shifting of ground and his house. The FG E power poles on 20881, had tilted to such a degree that they had to be straightened and are leaning again. This seems to indicate that the ground is not stable. The damage done by the drilling rig on 9 -1 -66 at 4 PR to Janyon View Dr., has not been repaired. The applicants geologist promised to do this during his testimony before you 9 -7-88. I ask the City Council to aeny the variance of the 30% slope ordinance based on all the evidence and.common sense. I enclose copies of newspaper articles, editorials and letters to the Editor. Surely, 12 men tried and true would .agree that 2U601 is a bad place to build a house and those of you who visited this site would agree looking at the site. Yours truly, 6� / "j NEW"' S:f Satntogaf A etW-sphemipffnfluchce as reiO�� A Hillside property r(-miteS*.-_*coric6ffi'­ s-` BY KIM W.I.—k the planning department was Most of the trees cut were about When con White eight-years-;Id. In addition, 12 inches in diameter. White e3- tractor Jake White mistakenly notified resi- timates: received building Permits from dents located 30) feet from the "I only removed what I had Santa Clara County to build his center of his project instead of to remove for constrivetion." he Mme in the unincorporated hills 300 feet from the boundary Une. said. between Saratoga and Monte if they had been notified the Neighbors said the tree re- Serena. he never eVected to wAgbbors would have protested moval• in addition to construe- find himself embroiled hr 1110, - to•end thgrisroject befons -con- tims on a 40 =4=and = midEtafa controvesq. 771"i• 4.-z'sj 1 -damaged at PiSighbors MAJ&Abe. ',wW*jA11dft-wffl= the•; plan departmmt landslides. -arm, got,. pod its bounds.i Aw. granted Fwmfttft ha home on a OD AlThd 0".. tb. feeis):�Mr*o old have bmAir— rha'd todsu* slope. They say cosoly-08001" failed to follow thO ItOpavelt: ants=-, the eral piss which WK. neigidsoW­ atbj 1,­,& aim Voloid. . . . . . . . . . . . wlil which 'iwil ham cor—a-, Lane cent or mom Ow ban of While'k prep - T110 has 'Tb@ hilloi"-il� on - pivied - :40 4 his driveway.. 01m] be .4111111310 to eb Weren't 61 4at n insta a culvert ban th. (do a. `W. Ssyso!-Ahlt eW wow driveway to all** thretedcnc mdoM gave WWe kOn statiaigmM 'I W-W�JUAA&. tblogb. but -werslow.- a- the pr000e*�� , the culvert -am tailed amt-rAvoorted flr,-Tlw� 7 elvolop . to.. court.3 Whit ppgqnpdptatgg department '40MO-A deal of :..., 6. Ee M. , abash' puw _ R"_ I I :the_ ne the OW _NU irst its policy am hmdft 0mstrOetlosi to the ieaseftheeom tj Me' , his be- EIEURIMM, 12th.Congmsi6nal r, r%v% 4..— —A.! pdttieal h Pfsek!f I SAW "T, AREVIeted thissato-do-josa wha,tbaig 6K , which was LamiLaW20, i; the ten � to to ask - - ­ - -1-­A bath, 0amt>Qrs,Qf.thaYeb6ana. I � "Now to lochade several wells unsure in spin I pr"Otler, b6c, I afteaft" ft PMPrw, war _`bftte&— addition, WNW i6d an adjacent has put a great neighbot am replacing. a worn )•hls house de- * pip&—aff : dr a Nountami m disagrees with W, Y.Cyviaammdnotbe pipe construction idawdeesse Ulifeet o=wn " says tha* two ansawslide pos- Me' , his be- EIEURIMM, 12th.Congmsi6nal r, r%v% 4..— —A.! pdttieal h Pfsek!f I SAW "T, AREVIeted thissato-do-josa wha,tbaig 6K , which was LamiLaW20, i; the ten � to to ask - - ­ - -1-­A bath, 0amt>Qrs,Qf.thaYeb6ana. I � "Now to lochade several wells unsure in spin I pr"Otler, b6c, I afteaft" ft PMPrw, war _`bftte&— rest oohiu" smteg. T% LbeW Ageniey; F*madm QmmissiM haw_ Q­P?M e0rdIrEfted tbmV are about ordhomee sbudd ism nods" two. zxlx,4R saven low in the. James LAID*` am, including Widtes, wbieb am nol located in soy. F`1 7P" 00. ­M,ft cc Sara 'i tor'la-eur- —'lF'ft1Ww1Ug;ft -180a. and ow-s000lwopose, 6i to anon am C""VftnnkVA*ctdr F. toga's alibm of btfluenee., 7Ws Leote Fkmk1W woolUallow fianiog dder bilildde zoning 'd.= 413I.PIP0110-49- I _ pond-Wa" e0oltrudlon. rube PrO _P0.1119=400sedtobeinda within "We have am so etty tomb an 1202010" .0090.= mv**d � by AW am z0bul" of 'ofte"A* Off hillsides and. we Mot the county to be as toughas N&M.Kaeea arid' —Nor :.Aftall ifin hysarampit Ujy. Low"; z .4., could Was as joog as dz Months lot — _# t! . : z:C -.7 7 la'aamm SM propard" wothe 1%ide scuffle: B . . . . . . . . . . u� c� C didn't follow up on plan; kyliervisors poised to act on $Y- 1k*t4gn Salley wq're seeing incr-. OCU �It�l 004 sort WHter with respect to dew Qptd�f t' Son 3taarned a house was hillsides." r _ S the rued when his s Diann* lilu t rnntructton crew wha is wailngfor ArcdO t 'Ii" �IAt trees in their for- merit controls suggesbgtf la M4 tn- t ,� in the hills out- terview that awry ty qu f tie r Now the 4i robs Hewlett. atiag 1 �,, ire is wot'tited the Ditidtlfl laid to des caitd waalt out the Zoe him and his areas of p� W! the valley. asked ' ' ofals say the x' bigger problem and >, abotat building gam, od outrage over the • owVcuq�a ^ was a jAwnas Lace has led meetlb Iry that Santa Clara ' is ` rssacted ordfnancea In f7 the hi side ll caantyhas gl �� ordinance 71>e blt for de idonm& steep�l determines how I of supervisors is ment is allowed. Vt4p Puy on a tem- f matical fa"W* least building tied kt filling the gap gent ordinances are sides. Anx" e, say local was to pr W. the board's E,,Es,tinR open space aid; the hill- landslides beat," said Linda w ttee for Green tared tie has closely moni- It's particularly tAt point because ... V 0t1 nj s>t w >t But after the planning depart- ment staff was reduced by dristie budget cutbacks in 1982, the county put a lower priority on ordinances for building Qn sig& parcels. Offi- cials say they simply never got, a , �C tlU Vie for ' do'aYA�+Aak tf stroll }tlhaltRi'beQ�N ° • o &tn'jo+e Metcury News ■ "day. August 9, 1988 313 Wents • C7 ct If �iqq bilizes the p hdghbor Wanda AlexrZa�r somebody could get killed" a landsidde. NefgD ' and'tnvironmental- Irts print to a.epCjM of the gener- �ytttt�t (t�{�, aonstnic- �olt iimiiatigw aced on 4j9M Rboyp�,IM : nt." But WW the nelgbl m read that lan- gpp Oo -r eaA abtlolutely no con - +1+00*4 40owed, county plan- 4 say it means building 11f mrefuDy planned and monitored. ry pia¢ director Leode yhfnki►tt Wjbr*#W a proposed or- 4buto e ; last 7berday that would MH*, Mt1kft on; steep slopes if Abell pk%469; 4partment is Pwwam � against t ride and enviror, meStal: damw,i,Qr'itics of the Mite ;prcoect iwid that ww t strict ieneugh `,- r! is t ,Tile Couoly swc elM about 70 ap- piiCat�ow a year for hillside pro- jwr Ori.s.me.t -j�� jee`ts wvu1d be affected by the � � rid ><eQ�411119 reYleired by plataflM commission and the its• board of Diridon sug- Md- [Pled 1th'Ehvironmental r .tff i" y case where 44 .,o:t i �, �lthe 3;pe "t jtlad Y L4119 is OW !wrier she isTwilling d@6 A fig- to r ing the plan- Well" is proposal. But 1 LIF a E. 14so Ar �1 IMf' �t1DY'bbunty'ahready tdad0 1qt i>i,di!`�Q sldpe A bit strict Cit+ef)pment controls, la a 1640- 1b+lb`lk the board Ib iii d hfln reviewing ;., ,t, TY proms. inn ease Mercury Nsus 5 t Al. ?i s ROBERT D. INGLE, Senior Vice President and Executive Editor JEROME M. CEPPOS, Managing Editor JENNIE BUCKNER, Managing Editor /Afternoon BOB ELDER, Vice AwidaW and Editor _ DEAN $ BARTEE, Senior Wise President JOHN B. HAMMETT, Senior Vice President PETER, E. PITT, Vice President /Operations TALLY C. LIU, Vice President and Chief Financial Officer TIMOTHY J. ALLDBIDGE, Marketing Director RONALD G. BEACH, Classified Advertising Director WILLIAM A. OTT RICHARD IL FETSCH, Director of Circulation Operations President and Publisher ROBERT C. WILLIAMSON. Display Advertising Director EdtOdab Friday, August 12, 1988 gB Keep off the slopes County shcWd not back down on ben of hillside construction ANTA Clara County supervisors de. cided Tuesday that the county gen- eral plan does not in fact ban hous- ing : cozritivcItiarn on hillsides with slopes greater than 30 percent. - -The decision could open the steep slopes of unincorporated land on both sides of the Santa Clara Valley to new development. The supervisors approved an interim ordinance restricting such de- velopment for 45 days, but not banning it. - That isn't good enough. The supervisors have decided that construction on sheep slopes on county land is legal unless some reason, for health or safety, can be found h* prohibiting it. - They've got it exactly backward. As the 1982 general plan states, all building on steep slopes should be prdilbited unless some reason exists for aIIm►� it. The issue arose when complaints about nevv construction in the bills outside Sara- toga led to the discovery that the county had never enacted ordinances to imple- ment the slope restrictions in the general Pin . The supervisors decided Co could not enforce a ban after County Comisel Don Clark told them that the general plan is unclear, and that a ban could deprive owners of the use of their land, constitut- ing inverse condemnation, requiring the county to buy the land. Given the potential liability to the coun- ty, Clark's caution was understandable. Nevertheless, the stakes are important enough to adopt the strictest possible con- trols. No less than the long -term, environ- mental degradation of the hillsides is at risk. For an idea of what can happen, see the hillsides of Los Angeles County . In our view, Clark's opinion that an ordinance banning all development on steep slopes would open the county to liability hasn't been demonstrated. Courts have ruled that inverse condem- nation exists when an owner is deprived of aU use of his land, not just one use. So long as an owner has an alternative use, it Is not inverse condemnation. The supervisors decided not to test that. Instead, they gave themselves 45 days to decide what kind of permanent restric- tions to adopt for building on the steep slopes. There are some things they should bear in mind as they proceed. The public's health and safety must be protectgd. If construction on any slope site would increase the threat of slides, divert streams, fell trees needed to pro- tect from erasion or otherwise endanger the land, it should be denied. Building applications for the steep slopes should include automatic environ- mental assessments. And — as was not done in the hills outside Saratoga — all Interested parties should receive notice of public hearings • where they can make lmown their opposition. But such specific regulations are a sec- ond line of defense. Given the stakes, the county'should not back down on an over- all prohibition without irrefutable evi- dence that it's legally untenable. And we don't think. that's been demoated. ID�vr 1-,nr%tt T TNT A -v ao r ■ T f j e� 0 Lel 0 h invc im Vin incl exp Peg E cal cis 01H me C Y drii ate �.� William Cotton and Associates GEOTECHNICAL CONSULTANTS 330 Village Lane Los Gatos, California 95030 V A (408) 354 -5542 O _W , U October 14,1988 S1 138B TO: Tsvia Adar, Assistant Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Supplemental Geologic and Geotechnical Review RE: Lands of Krueger, DR -88 -025 20881 Canyon View Drive We have completed a supplemental geologic and geotechnical review of the proposed development using: Soil Investigation (report) prepared by Applied Soil Mechanics, dated September 20,1988. Additionally, we have reviewed pertinent technical documents from our office files (i.e., Gutierrez, SDR- 1432). The applicant proposes to construct a single - family residence and driveway. In our previous review report (September 2, 1988), we reviewed a preliminary feasibility study (report dated August 30, 1988) prepared by Applied Soil Mechanics. We concluded that this previous report adequately characterized site geologic conditions and concurred with the project consultant that the site is physically suitable, from a geotechnical standpoint, for the proposed development. We recommended that a detailed soils investigation be completed prior to issuance of building permits. • • • I4�•�7 Based on our review of the referenced soil investigation (report), it appears that the project geotechnical consultant has, in general, recommended appropriate geotechnical design criteria to mitigate the apparent site constraints. We have recently been in communication with the applicant's geotechnical consultant to clarify appropriate retaining wall design criteria. The consultant has recommended that retaining walls which support 2:1 (horizontal:vertical) slopes should be designed to resist an active pressure of 75 pcf equivalent fluid weight (personal communication, October 12, 1988). It is our understanding that an addendum letter will be prepared by the consultant stating the revised retaining wall design criteria. We recommend approval of building permits with the following conditions: ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING Tsvia Adar October 14,1988 Page 2 Geotechnical Plan Review - The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the development plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations and retaining walls) to ensure that his recommendations have been properly incorporated. The results of the plan review should be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of site development and building permits. 2. Geotechnical Field Inspection - The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of concrete and steel. The results of these inspections and the as -built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final project approval. WRC:TS:mjs Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton City Geotechnical Consultant CEG 882 William Cotton and Associates v PRELIMINARY STORM DAMAGE ASSESSMENT WINTER 1982 -83 SARATOGA, CALIFORNIA William Cotton and Associates Hh s VI William .Cotton and Associates TO: Wayne Dernetz City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 GEOTECHNICAL CONSULTANTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 March 14, 1983 SUBJECT: Preliminary Storm Damage Assessment RE: Landslide Problems At your request, we have completed a preliminary field inspection of approximately 25 landslides that have resulted from this years rain storms. Most of the landslide problems are confined to private property, however, some involve public roads and utilities. The cumulative affect of these failures will most likely result in a very significant economic impact to the Saratoga community for the next several years. The cause of the slope failures is directly related to the prolonged winter season which has been characterized by storms of both high intensity and long duration. For the most part, the landslides that have taken place in Saratoga are of two general types: (1) shallow, fast moving soil slip/ debris flows and (2) deep, slow moving earth slumps. In both o t ese cases, the Tailures are triggered by over saturation of the ground and /or by raising ground -water levels. If the storm season begins to diminish in the next few weeks, we should see a marked decrease in the soil slip/ debris flow type of failures, however, the deeper- seated earth slumps could continue to occur into the spring and possibly summer months. This is especially true in hillside areas which are underlain by preexisting, relatively stable landslide deposits. We anticipate that the steeper areas within these landslides will be the most vulnerable areas for future failures As ground water infiltrates into these deposits during the remainder of this year, these areas will become more unstable. If we can be of additional service to you, please contact our office. Sincerely yours, WILLIAM COTTON AND ASSOCIATEeS, INC. William R. Cotton President /Chief Engineering Geologist ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING '-- ---- - - -- - -, - -- - - - - - - - - id MIA IQ bf7 •un��d •^ . u"`�ul� 4 .. '•■4 •••• wort •• a �`' ° - . nrr.•4JC I �° ` , SA AV��Ii.S <' • +� �t ° =w•` t..IrW • l �. �3 p ° ._' -•'.,` << -� LA CREEK to QNAR (CY w L• . ° •_ n.r a_ a, •, d d. ..r. 'cr, �ti--'• L rn"lir'i ti Ycg�L 1 i ec, t.� ;b i ,Iw•'�• ryns,\C • S / + �'r "i •, .rha rn ------ -----J Itot. �' fit• '�r '�c; .'• + �� Jh/ a i !L, e r j: Y�• ,.�. 4 \It•'-. �. /(w- COUNTY PARK �� �`` °/ s: �.4 i w 4��� �t 4 ;.`"• wj + +�;• KoEPfR�1iX /\\ /� -��.. �, \./ t / � °y IIgg �b, /+ � L ��: ens d��•fs ��,. - - - - - - - - - - - \- �,n -t\ �Q_ �� 3s� "FQ�c..l ic�o o■ ♦, r•`'�t� 4�' " "\ fb� 3 �' f e fG l• � lull r• � • • p4r•• jJ ' • - ♦� 9 \ r v M��� � �\ '\ '�S' �� •usi�u•ru.• '� � ru..t, ;I r , S " 6 i � / 4 r-N � r ♦`.� s•tu Q °Wr.. s�•r s. a a. F , _ino '$Jc 4 c•• • •.ash S• wIG • 1 4 cr ■�mn- ♦l a sAaATac. . r - �. �I �E `� } �, i• `� °- 1 � A AMANA r, a �� B I •cu•. =1�•'• i i ;1 c C' . E•� 1 Y PRIV RTE ERi,E V KEC�I .4C` ( iiil.lSt .�.` 1 : . •;, guar., RFe� •r. °n`°' :,`-• c— c..r. ` •ic[roA = \/ N $_I L �:; s I_ u•s°'yor.uS ^' o •L r[it rul[r •s` co'"G[ JMlllr tr e w,d� - .� lr% rS,V `� a . .IS�F}� �d ,~✓ �•�.0 � ' \0� E � ` � \ti _ !�•• V0 f J e IQ MItNAEI .,o c 1 �/ .. rtKE�SOBLEMAN FIERCE- �,•o• +a,�♦ �♦ t ���? 6 ou ♦ I ,� 4 Y • ty 4 Y KILLER ..n l v. r■■tcs : ro I• 4 • ° G- ° 'h 1 a` d rINRIO cuaw :,a OP r . R4SSELl. i ,I,.,.91 � ' : � 6 •. - ro t � ;� /- �` 4`io� • `'' oa " .o.vva i iI nw Ir[�' �r � tl �s P95 cl. 4�% J _ I. u t K ^•cl 1. cam `• +y�• q_ j` �1 KANZAGAL JoPFES �� ° •.11 n. l.ntow !° 4 • .t f _ a lr• � P c � If KITTRIDGE !� v `w., r o� w . VILLA ' I a■ OATALYO ` • Y•Y s .• ! ps♦ u• N • ♦ . i'E �ASN d AASOX TUY 1 .f '` a:� + Cj% • \ ♦ '�i CCC"` i� SJ � d �•�•.yrJl \ a/o7 +ri NO`!ER �\J� ' LANDSLIDE INDEX MAP, 1983 ip GEOTECHNICAL DATA Geologic Conditions: The landslide occurred along the northern margin of a very large, relatively stable Old Landslide deposit (Ols). The stream canyon marks the boundary between the landslide and a bedrock ridge (i.e. Ritter parcel) underlain by siltstone and sandstone materials of the Santa Clara Formation. The portion of the Old Landslide that is failing appears to have been modified by grading, however, the grading activities appear to be minor. Approximate Size: Eissman /Rueling Landslide Length: 50 feet Width: 200 feet Depth: 12 feet Winn /Herman /Laughlin Landslide Length: 250 - 350 feet Width: 100 - 140 feet Depth: 20 feet Ritter Landslide Length: Width: Depth: Time of Failure: 180 feet and 100 feet 100 feet and 90 feet 10 feet and 5 feet It is our understanding that the Eissman landslide first showed signs of movement on February 8, 1983. The Herman residence first showed signs of distress during the late afternoon of March 3, 1983. Probable Cause of Failure: The most likely cause of the present phase of slope instability appears to be the erosional downcutting along the adjacent stream channel which reduced lateral support and the prolonged period of rainfall that saturated the old landslide debris that makes up the canyon walls. The rupturing of the waterpipe located across the canyon immediately north of the Herman parcel may be a signifi- cant factor in causing both the Herman landslide and the Ritter landslide. However, the Ritter landslide may have caused the water pipe to break. William Cotton and Associates r 6) Ritter Parcel Two landslides have occurred on the south - facing slope of the Ritter parcel, however, they have not damaged any structures. The eastern most landslide was associated with the breaking of of a water line belonging to San Jose Water Works. Potential Remaining Hazards: The landslide processes will continue at or above the present rate of activity, however, if the intensity and /or duration of rain were to increase,the rate of failure will correspondingly increase. We anticipate that the landslide margins will get larger if any significant movement of the existing landslides were to occur. Recommended Action: At the present time, a number of the property owners have retained the services of a geotechnical consultant for emergency work. However, we recommend taht a detailed investigation of the entire Michaels Drive area be conducted. The primary purpose of this investigation would be to characterize the potential for enlargement of the existing landslide, to determine the potential for new landsliding in the adjacent hillside and to provide recommendations to mitigate the adverse effects of the recent episode of landsliding. William Cotton and Associates PRELIMINARY STORM DAMAGE ASSESSMENT MICHAELS DRIVE LANDSLIDE COMPLEX Location: March 14, 1983 The landslides are located north of Michaels Drive adjacent to the residences of Eissman (21193), Rueling (21161), Winn (21139), and Herman (21107), and Laughlin (21075). Property Damage: The landslides in this area are mainly characterized by movements towards the stream canyon which is located along the northern boundary of the parcels. Three separate landslides, Eissman/ Rueling, Winn and Herman, are located on the south wall of the canyon and two landslide deposits (Ritter) are located on the north wall. 1) Eissman Parcel Extensive damage has been sustained by the Eissman residential structure and swimming pool area. The eastern edge of the house foundation system is located at the head scarp region of the landslide and has been destroyed. The swimming pool area is situated on the landslide mass and has been severely damaged. 2) Rueling Parcel The slope located between the Rueling home and the Eissman parcel represents the toe area of the landslide and is moving into the yard area of the Rueling parcel. 3) Winn Parcel The Winn residence does not show damage, however, the hillside immediately east of the home is moving toward the Herman parcel. The Winn swimming pool area is entirely within the landslide mass. 4) Herman Parcel The Herman house foundation has been partially destroyed and severely damaged throughout due to landsliding. A well- developed head scarp has developed beneath the east edge of the house and swimming pool area. A second lands.lide located on the slope between the Winn and Herman properties is moving toward the residence. 5) Laughlin Parcel The Laughlin residence foundation appears not to be damaged but adjacent to their home on the creek side, the swimming pool area and decking are moderately damaged. William Cotton and Associates ' .ice .r141, � 4 0' , WrAr _J PRELIMINARY,STORM DAMAGE ASSESSMENT March 14, 1983 KITTRIDGE ROAD LANDSLIDE Location: The landslide is 1RoadeandnBohlmanpRoaduraThelheaddoft region the landslide between Kittredge is opposite the driveway access for 15380 Kittridge Road. The western margin of the landslide is immediately adjacent to the residential structure located at 15330 Kittridge Road. The remaining natural however, Bohlman t Road. the toe of t Property Damage: Access along Kittridge Road thehas roadbeen al�gnmentwhere andthe gaseandswaterof the landslide extends into lines have been disrupted. The ground area and residential astride structure located aflthe0landslideeanda are rtherefore d o involved in the the lateral margin o failure process. Potential Remaining Hazards: The landslide has a very high prfaaburety continuing to at or above the present rate of the mass will likely involve more of15330 Kittridge idgeRoad alignment and the residential structure (i.e. may extend downsope to Bohlman Road. If weather conditions like the 1982/1983 seasons extend in the future, this landslide mass will continue to undergo progressive failure and thus will continue to represent a severe economic risk to the City and the adjacent landowners. Recommended Action: We recommend that all surface water be collected and diverted away from the head of the landslide (i.e. Kittridge) by using a closed system of surface drains. All utilities should be placed above ground. The entire slope area should be carefully investigated in order to assess the actual extent of the landslide, determine the tigate associated risks, and to develo e practical the effects of the failure processes. The private property owners involved in the failure should retain the services of an engineering geologist to evaluate the level of potential risk to their land. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide represents a portion of a much larger landslide mass that is designated on the City Geologic map as a Dormant Landslide (Dls). Approximate Size: Length: 250 feet (down slope) Width: 120 -180 feet (cross slope) Depth: unknown Time of Failure: The time of failure was March 3, 1983. Probable Cause of Failure: The unusually high amount of rainfall has caused the Dormant Landslide to become saturated and ground -water levels to rise. William Cotton and Associates ! / _� - — ,. •- �.. � I e� �� � - -_ \ \ \\ li i l l l I I'I V v11 �• ` 1 I ` \ 1 \ ��' TRIDGE ROAD o XI Is �. �. _ j , ;;► KIT LANDSLIDE 1983: 3,5 Cy /...1300 � _ ,.•�• `:���. � � � - � i ��;.�� -.. - _ ___; �� /, � X11 � i� • 145 / 1 1 INN // ►/� /1 IT \ \� /% /% / , i It 1 t o� g \\ \ 4AN PRELIMINARY STORM DAMAGE ASSESSMENT SARAHILLS DRIVE SLOPE MOVEMENT Location: March 14, 1983 This slope movement is located on Sarahills Drive. The major cracking is near the junction of Sarahills Drive and Sarahills Court,and the feature extends to the north - northwest along the trend of Sarahills Drive. Property Damage: There has been extensive cracking of Sarahills Drive adjacent to Sarahills Court, and the concrete gutter has pulled away from the curb as much as 2 inches. The curb has buckled near the left lateral margin of the feature, and Sarahills Drive has suffered compression cracking near the lower region of the slope movement. In addition, the driveway access to 21265 Sarahills Drive has suffered numerous distress cracks. Potential Remaining Hazards: This slope movement has a high potential of continued activity. Further movement would pose a high hazard to the integrity of Sarahills Drive and existing utilities located along the road alignment. In addition, if the slope movement processes expand upslope as well as laterally, the residences located at 21265, 21266, 21328 and 21346 Sarahills Drive could be threatened. Recommended Action: At the present time, all open cracks along Sarahills Drive should be sealed, and surface drainage should be diverted away from cracked areas where appropriate. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The slope movement occurred in an area mapped as Old Landslide (Ols) on the Town Geologic maps. The Santa Clara Formation is exposed in cut slopes along Sarahills Drive near the toe of the landslide. As indicated on the Town Geologic Maps, the bedrock strikes to the north - northwest and dips steeply (300 to 350) to the east. Approximate Size: Length: 270 feet Width: 530 feet Depth: 10 - 20 feet Time of Failure: Accelerated movement occurred between-March 2 and March 3, 1983. Probable Cause of Failure: The probable cause of movement is reactivation of Old L_andside deposits by high ground water conditions. William Cotton and Associates / � . / �/ � / / ' �. � ��� •. iCC' : ` „O �', 'IISS'M� , . 7„ .. i l • � 1 • .... �' ��• r � /�`, /, -�; 1. ��/ `� ,� '.� �� 'j� {. — ;...- •,.�ti�' 1�� r;.•,r /�� j� /. /•.' `: ., . .� 3 al. r1 i ASS hl A is 1 .. .;+.; `. , / •' %� �S C't v • y • �` ; r ... -' • ' \ 5 o l f ' IV J ;� � / /;',; /� ��•r' ', -�'' ��, rid � /'.rjv, �- •' - __ --.__ • : ' SARAHILLS DRIVE • `tip � '� ' ,' �' ��� • � � SLOPE MOVEMENT �` ��' rr � ,f ,�. %,r�:. ,�• " %� �__.•-== '--� --. Im • ``fir.' r r ` r,r .` Ols. NN \��� � • •! � 1 i ` f "r ,`'' �j�f�" � f r� .. lam\ �• '_ \ � �. Wil a CQitotttd sso�iates JONES LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The landslide is located on the slope below Haymeadow Drive and immediately above the Jones residence, 21127 Bankmill Road. Property Damage: No property damage was noted with the exception of minor distortion of the lagging in a retaining wall located at the base of the slope and behind the Jones residence. No significant displacement has yet occurred, however, surface cracks have been noted on the hillside in several places. Potential Remaining Hazards: There is a moderate to high potential for more pronounced slope failures at this site. At present, the slope between the retaining wall and Haymeadow Drive has a set of well- developed incipient cracks near the top of the slope. These features indicate that the slope is under- going progressive failure. If this slope were to receive large quantities of water due to a short period of intense rainfall, it is likely that the rate of failure would accelerate. We anticipate that the failure would not be very deep (i.e. 3 to 5 feet) but may involve a significant portion of the slope. Under intense storm conditions the failure mode would most likely be a very rapid mud flow (i.e. soil slip /debris flow). These types of failures have the potential to cause high levels of structural damage to homes and can prove fatal to the occupants. Recommended Action As temporary measures, we recommend that the critical portions of the slope between Haymeadow Drive and the retaining wall be covered with plastic (i.e. visqueen). This will require cutting of trees and brush from the slope before the plastic is laid down and providing a closed system of surface drainage to collect and divert runoff from the base of the plastic covered slope to the street (i.e. Bankmill Road). Care should be taken to extend the plastic over the retaining walls to the level area located behind the Jones residence. The homeowner should retain the services of a.geotechnical consultant to conduct an investigation of the slope in order to provide design alternatives to mitigate unstable slope conditions. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The slope problems are situated on a steep hillside area that 'nis represents the lateral scarp of a very large landslide deposit. This deposit is designated as an Old Landslide (Ols) on the Cit Geologic Map and underlies most of the developed lands along y Bankmill Road. The subject failures are located south of this .7i . I relatively stable landslide and are underlain by siltstone, sandstone and conglomerate bedrock materials of the Santa Clara Formation. Although the stratification of the bedrock is inclined toward the slope and therefore may be considered to be a contri- buting factor to the present level of instability, is more likely that the failing ground is confined materials that blanket the slope. to the surficial Approximate Size: Length: 30 feet (downslope) Width: 50 feet (cross slope) Depth: 5 feet Time of Failure: The failure is estimated to have taken place between March 2 and March 4, 1983. Probable Cause of Failure: The failure is attributed to the abnormally high rainfall that saturated the ground and produced high groundwater levels. 00 William Cotton and Associates lk- l:j J�,t q �0 ��Sc: 'ONES 3b", 00 CIA` LANDSLIDE si 1983 N 'Ag A 4kO "PIA iot. 11`,� 0"t N 7i At- IR, .::I, v, 'lilt 7" 777 • — 4r - ----- zo ar 8-A KI, "ji IA MIX- _7t x.: j ;OW 6 ` .L .11 t fY 'V !S V D ■ a �' �r d13r �n+tf 1 i t i f �/ i �^• - IV .44 ki�" TZ l.. _TAM mown 7.77 RoA 0 l\,Av TM, ,pry it'ia 4110 \11",_: I, 86. -44,4 T vf, 'G 41 ;Jw �rT +.,' 11 \ 1 '`1 1. yVr."'.`•'nw, �, 1 I \, iacm- o-64 A ­f, .7 F KOEPERNIX LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The primary landslide is located on the Koepernix parcel, 21810 Via Regina. A much smaller secondary failure is situated in the riding ring area of the Frogner parcel, 21810 Via Regina. Property Damage: The Koepernix landslide has displaced the house foundation approximately 5 inches downslope. No major structural damage has been sustained by the residence, however, doors are out of plumb and some cracking has developed in the concrete foundation and the garage slab. The Frogner landslide has resulted in failure of a wooden retaining wall below the southern edge of the riding ring. Potential Remaining Hazards: If the landslide processes continue,the activity may extend laterally as well as in an upslope and downslope direction. If significant movement were to take place, the Koepernix house would be severely damaged. Recommended Action: We recommend that a detailed geotechnical investigation be completed in order to provide design criteria for slope stabilization. The mitigation measures that would have the most merit would be those that address the control of the surface /subsurface drainage. William Cotton and Associates 1 GEOTECHNICAL DATA Geologic Conditions: The landslide occurred in an area desha d Dormant llowgroundwaterconditionse (Dls). There are abundant signs of through most of the lower slopes of the relativelynde the drainage a ern margin of the landslide is marked by a channel. Approximate Size: Length: 400 feet Width: 150 feet Depth: 0 feet Time of Failure: The landslide occurred on March 2 or 3, 1983. Probable Cause of Failure: The probable cause of failure oversaturation of toerai5esthee materials by the recent heavy ground water to critical levels. William Cotton and Associates 1 + • .,.. , • �� ! + �`� ',`\ •�•\ �� �y -mil �\. • _ 15 oo KOEPERNIX�, \� ,..� ..�. •— • '— — LANDSLIDE Olg ,. f . /� � '` •,. • __. .r: 1983 _ .. - _ ._ - fro e e •, e o .` `. .� c � ° - ..�.,.,_ / i. �i • :\ `- r... --••�� ' to 'o•' ••' �'-, ' •e p o . rte,, e% o / •�... �_. ���e �% • � •`� �.', �- • e o :06i e • o/ �,• oll Ql °o..� of ° ,o. •o a'• �_�• o. •• / .'.: al a. ° ID's �' ` 1 • .•, O . .. j �/. -'...- -:::tip = s- z-' 0 1. G� , 11 ......, /�� /'. �� � . %•�, /� � ^' _ —_' - -- 0, Z., r,50 G/.07 s P, C, "0 a Ols 0 0 0 ° ° + 0 a -- ' 0 ilt O 0 iu oft crh and,KssociateA X o MILLER LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The landslide is located on the steep hillside area along the northern edge of the Miller parcel (15000 Springer Road). Property Damage: The failure has destroyed the primary access to the Miller parcel and has left the north end of the tennis court complex unsupported. The landslide has crowded the stream channel at the base of the slope and has caused accelerated erosion and undercutting of the north bank of the stream. Potential Remaining Hazards: The landslide will continue to fail near the head scarp region and may damage further the tennis court. The toe area should experience small scale sloughing of the stream banks that will adversely impact the residential properties on the north side of'the stream channel (i.e. Canyon View Drive). If the failure process were to accelerate, the stream channel would be blocked and waters would be temporarily dammed on the upslope side of the landslide. Recommended Action: At the present time, all surface drainage should be directed away from the landslide and adjacent slopes in order to minimize the potential for reactivation, enlargement and erosion. The property owner may also wish to cover the headscarp with plastic (i.e. visqueen) in order to minimize the infiltration of water into the landslide. However, we recommend that a detailed geotechnical investigation of the landslide and adjacent areas be conducted to mitigate the adverse affects of the landslide and to provide recommendations for long -term stabilization. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide occurred in an area designated as an Old Landslide (Ols) deposit on the City Geologic Maps. The head scarp of the landslide is in a fill prism which supports a tennis court area. The fill material is a brownish black silty clay. The colluvium is a brown poorly sorted clayey sand with a small amount of gravel. The head scarp area is saturated with a small drainage flow coming out at the tennis court concrete foundation /fill contact. Approximate Size: Length: 350 feet Width: 200 feet Depth: 20 feet Time of Failure: The initial failure occurred January 31, 1983, and the landslide continued to move and finally destroyed the access driveway sometime between March 1 and 4, 1983. Probable Cause of Failure: The failure most probably can be attributed to the oversaturation of the Old Landslide deposit. It appears that surface and sub- surface drainage may have been directed onto the head of the land- slide. The unusually high rainfall coupled with the surcharge of fill at the head of the landslide and possible undercutting of the toe along the stream channel all added to the instability of the existing landslide mass. William Cotton and Associates 1 • •�* �i+4`':�i.�t t a1,�'t � ` ��',,; '� #R �� 11�� ::�� 1 j+ I � r f (+ r. i v MILLER LANDSLIDE 19831• IfJ ff 1`I� I i J r r se 1 ' • �.�` 1 iii 7II2( �� t r + ,.QT • 1 : t '11 Ni'.1�-_ �; G.. y `L�t Y *:'�a, -�� aKx�.^ ,�'`, ��•'�`+y�t� i 1 � F ..} 1 i i �t :gyp:.. \• :� 1 n u t 1 f #' { 'r /' ' Goa 't 11' i f t j `:•, —•t. '• -tea- r / ,�' � -� ! i ) /�• : !, � • ,• }•. I i;3 •..,*..`. a �: I y� '��,.-` /,•• `.. •p •• ,•' • } i �• Qom- � _`r' � LA • y n�,�.. - _. � ' , +ter : - / �� + i. i ire, • • ♦ • t /* G •�l 1 i tT •: i, f.' 'II. 'f 1 t. �, ' 1 !,', • r•+ • � t 1 11 f t c� ,�t� f',;y, rf! .,a. a a � ,1A • r �• • 1 , t4 • 7 , t.ton an ssoci tes / PRELIMINARY STORM DAMAGE ASSESSMENT SARATOGA HILLS ROAD LANDSLIDE Location: March 14, 1983 The landslide is situated on a steep hillside located on the north side of Saratoga Hills Road. Property Damage: A small amount of debris is flowing onto Saratoga Hills Road. No structures are involved. Potential Remaining Hazard: If the landslide processes continue, the landslide may extend laterally as well as in an upslope direction. In an upslope direction, the landslide would extend into the backyard of the residence above and adjacent to the failed slope. Saratoga Hills Road could also be blocked if debris continues to flow downslope. Recommended Action: In the short - term,the landslide area should be covered with plastic (i.e. visqueen) and all surface water redirected away from the affected area. In the long -term, a geotechnical study should be.done to determine the design criteria for corrective work. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide is confined to surficial deposits of soil, colluvium and artificial fill that overlies bedrock materials of the Santa Clara Formation. Approximate Size: Length: 120 feet Width: 60 feet Depth: ± 5 feet Time of Failure: The week of March 1 through March 4, 1983. Probable Cause of Failure: The failure is attributed to oversaturation of the surficial materials on the steep hillside due to the abnormally high rain- fall. William Cotton and Associates RUSSELL LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The landslide is situated on a hillside at the rear of the Russell residence located at 13987 Pike Road. Property Damage: The rear porch is loosing its foundation. Potential Remaining Hazards: Only a small part of the fill prism has failed so there is a good potential for the landslide to expand in size up and downslope as well as laterally. If it did expand laterally and upslope, the remaining porch foundation would be lost and the house founda- tion would be in danger of being damaged. Recommended Action: The owners should retain a geotechnical consultant to review the failure and to provide recommendations to mitigate the problem. Visqueen has been placed over the landslide area to inhibit further saturation from rainfall. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The house sits on a hill top which is underlain by bedrock materials of the Santa Clara Formation, however, the failure is confined to fill materials. Approxiamte Size: Length: 40 feet Width: 30 feet Depth: 5 feet Time of Failure: Unknown Probable Cause of Failure: The fill was oversaturated and possible oversteepened causing failure. It is not obvious, but the homeowners may have been discharging their runoff over the fill slope. William Cotton and Associates 0 0 0 0.0' Ols 0 0 Q �ci 0 .0 0 0 p O o 0 0 0 :a 1, , i 5 0 \ ~�•. / i % +r 11 / %: o A I s � � - O�• �' __��,/ i l Ir t it STS L-A D /Ols [ /* 0 RUSSELL I's I _- ";��' I LANDSLIDE olS. W1411am'Cotton and Aigt6st:es:: _. IQTSC' .11 PRELIMINARY STORM DAMAGE ASSESSMENT PIERCE - VIA REGINA LANDSLIDE Location: March 14, 1983 The landslide is located 400 feet southwest of the intersection of Pierce and Via Regina Roads. It involves the edge of the west- bound lane of Pierce Road, continues downslope and is toeing up along the edge of Via Regina Road. Property Damage: A significant portion of Pierce Road is involved at the head of the landslide and has moved downslope. The uphill lane of Via Regina is partially destroyed where the landslide is moving up through the road section. Potential Remaining Hazards: If the landslide processes continue, the failure may extend farther into both road alignments. Additionally, the unstable. slope conditions may extend laterally along the edge of'Pierce Road and thus severely restrict traffic flow for a considerable distance along this alignment. No residential structures are jeopardized, however, significant movement in the toe region could cut off access to residential parcels on Via Regina. Recommended Action: At the present time, all surface drainage should be directed away from the head area of the landslide. We recommend that a detailed geotechnical investigation of the landslide and adjacent areas be conducted in order to generate the necessary data to formulate design criteria for repair of the landslide. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide occurred in an area underlain by siltstone and sandstone materials of the Santa Clara Formation, however, the landslide may be confined to the thick cover of soil and colluvium which overlies the bedrock. Approximate Size: Length: 50 feet (downslope) Width: 40 feet (cross slope) Depth: 10 feet Time of Failure: The initial failure occurred sometime between March 1 and March 4, 1983. Probable Cause of Failure: The failure most probably can be attributed to the oversaturation of the hillside in association with high rainfall. William Cotton and Associates ' \0� C 0 • • 1 1 p 1 0 PIERCE /VIA REGINA. 01 �:� . Ira ` LANDSLIDE ,.. ,Y sct 1. a -- ° • �.. .. - _ - 1983 ° ..! —.�. ! .,1`_ •' •.i 110 �.0 O 0 /i,/ Q 'i r r °e••G °0• / ! ' ;:1:' y moo/ of • r' Q D1' S/ 0.* 0 4 0, .0 o c ° O o o , C� 0 0 0 0 0 S/ 0 `1 O a 0./ Dis, 0 ° O 0., • � /. � .. �;.,•,�• 717 i,• �'�, / , `, 1 11,1 ` � 1 i \. 1 - Dis i . QTsc William Cotton and Associates PRELIMINARY STORM DAMAGE ASSESSMENT QUICKERT ROAD LANDSLIDE Location: March 14, 1983 The landslide is located on Quickert Road approximately 180 feet east of the Kittridge Road junction. The greatest portion of the landslide originated on the steep hillside located above and below Quickert Road and moved down canyon across Kittridge Road. Property Damage: Extensive damage has occurred to both Kittridge Road and Quickert Road. Shoulder and road fills have failed along three separate 100 foot sections of the road alignment. The actual extent of damage is difficult to determine because of the cover of landslide debris on the road surfaces. Potential Remaining Hazards: The landslide process will continue throughout the remainder of the rainy season. We anticipate that the scale of continued failures will be confined to piecemeal sloughing and erosion of the landslide area. However, much larger failures could result if the area received intense periods of rainfall. The small failures may result in periodic road closures while the larger episodes may extend downslope to Bohlman Road. No structures were damaged by the landslide. Recommended Action: The roads should be cleared of all loose hazardous landslide debris that remains above and below the roads. The impacted landowners should retain an engineering geologic consultant to assess the slope conditions and provide long -term recommendations for stabilization. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide occurred on a steep slope (350) that lies between the switchbacks of Kittridge and Quickert Roads. The bedrock is highly fractured shale and sandstone materials of the Franciscan Formation. The materials involved in the landslide included fractured bedrock, the natural cover of soil and colluvium, and the artificial fill materials from Quickert Road and Kittridge Road. The landslide was essentially confined to the relatively thin mantle of surficial materials that covered the hillside. Approximate Size: Length: 300 feet Width: 50 to 100 feet Depth: 10 feet Time of Failure: The slope failure occurred on March 2, 1983. Probable Cause of Failure: The failure was caused by over saturation of the slope by the recent heavy rains. The over saturation created high pore pressures within the surficial materials. William Cotton and Associates --- cT QUICKERT ROAD LANDSLIDE - 1983 \ rsc ;. _. •Als s \ � �' _ - - --- _ .��\~ �� •� /' .',/ /� /� .. _ _..._. Off, ,` \•�'�\ • ', \ • TUC -- ".,,�, i\�.' •� 1 • %•�.- '� ••,� ,'� \;� �.,, .___. �. \. . -, 1; .` �_ � � \. � 1 }1111 � i �• � �,_ ,. �� �, f , 1300 t i ' , /. ,.•, a \ �� 600- > /i / /Illllfl 11 I II I III I Illl i i I II II U; i ili I N li; li l '1r 1 J oT /OO- �� e MANZAGAL LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The landslide is located in the front yard area of the Manzagal parcel on Canyon View Drive approximately 180 feet from the inter- section of Sullivan Way and Canyon View Drive at the residence of 21090 Canyon View Drive. Property Damage: The north side of the Manzagal house shows minor cracking on the foundation. The entire front yard is included in the landslide. Potential Remaining Hazard: If the landslide processes are allowed to continue, the activity will extend laterally as well as in an upslope and downslope direction. If extended in an uphill direction, the head scarp would remove the foundation stability of the front of the Manzagal residence. If extended in a downslope direction, the landslide toe could block portions of Canyon View Drive. Recommended Action: We recommend a geotechnical consultant be retained to review the site and to provide immediate emergency recommendations to protect the residential structure should additional failures take place. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide is confined to a large fill prism extending from the front of the Manzagal residence out to Canyon View Drive. The headscarp extends up to the foundation of the Manzagal residence and extends along the entire width of the house. Approximate Size: Length: 60 feet Width: 75 feet Depth: ±10 feet Time of Failure: The time of failure was March 1, 1983. Probable Cause of Failure: The probable cause of failure was oversaturation of fill materials due to high ground -water levels. William Cotton and Associates IN 4= MANZAGAL �, LANDSLIDE 1983 k. rn to • L C - • ti / • � I : • l � tai � -�-% � ;'• _ _ , \ 1 • .1, *des $c f � "` maw � f • . • � • 1 �"'.� i� _, • • �• � �i • � ' • i —•'�`w • .' /{ : � / • i � �� -- ' ��`'� • � 1 • ; .'� • • r • ' tea.".•. / �'/ • • .* • * • � Y �' �• • i •. • I � tr ..-+• � -...r O 'fit 1 •�i :�}. � -r'� � —+� � � ,� �`,.:-j . �. i ��-. . •'`'IV+: • r+`:. �r wJ�.: . r �'� • .`�£.• ` ^�^ �„y''.. ,• i ;.d , .'� • 1, is ol 0 Ts c Is IA Ir 3bu ev �= �.. :; T� F F',! e .J II�•'f. =R '�, j } :. / SY' .ti ri. • •�' f , •. _.�• • 1r Wi a Cotron.and'Associ$tes'v f . •`�•,l ' �. 1�i= ^N..� '�•�^ 'f. � hrtN \.�1.� • _.. tu_ �� _ .. c� f!� 1.. a IA L r _ HOVER LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The landslide is located west of Peach Hill Road on the west - facing slope below the Hover residence and above the driveway access to the Andre parcel. Property Damage: A low, wooden retaining wall, located immediately west of the Hover residence, has suffered minor damage. The driveway access to the Andre residence was blocked by the landslide,and the road surface was damaged. A low retaining wall along the Andre driveway access also suffered moderate damage. Potential Remaining Hazards: There remains a high probability that the landslide process will extend itself laterally as well as upslope and downslope. The processes could eventually threaten the Hover's swimming pool and associated concrete decking and walkways. The Hover residence, located approximately 20 feet upslope of the head scarp, could also be in jeopardy. The Andre driveway access and retaining wall may suffer further inundation by landslide materials. Recommended Action: We recommend that all surface drainage from the Hover residence and swimming pool area by diverted away from the landslide and the adjacent slope in order to minimize the potential for reactivation of the landslide and erosion of the slope. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide occurred in the Old Alluvial fan deposits situated directly above a small creek that parallels Madrone Hill Road. The colluvium is a clayey sand. The failure is primarily confined to a natural slope with a 3 foot cut at the base. The head scarp is' still below the backyard boundary.of 15301 Peach Hill Road (Hover residence). The landslide is directly above the driveway of 15255 Peach Hill Road and presently is not involving the road- way. A small creek runs parallel to the 15255 Peach Hill Road driveway and Madrone Hill Road, but appears not to be involved with the landslide other than being a drainage for mud debris. Approximate Size: Length: 80 feet Width: 35 feet Depth: 5 feet Time of Failure: Mrs. Hover identified the initial failure to have occurred on the evening of February 28, 1983. Probable Cause of Failure: The Hover residence has a drainage pipe that leads from their roof, under their backyard and discharges somewhere on the slope where the landslide is located. This pipe became plugged,and they broke the underground connection replacing it with a surface hose which was directed on the landslide slope area. There is not a significant fill prism involved, and the cut at the base of the slope is small (approximately three feet) so it appears that the discharge of surface runoff onto the slope oversaturated the colluvium and caused the failure. William Cotton and Associates PRELIMINARY STORM DAMAGE ASSESSMENT PIKE ROAD /SOBLEMAN LANDSLIDE Location: March 14, 1983 The landslide is located on the hillside between the Sobleman residence (13800 Pierce Road) and Pike Road and is approximately 300 feet south of the intersection of Pierce Road and Pike Road. Property Damage: A significant section of Pike Road is failing in a downslope direction. The uphill yard area of the Sobleman parcel has moved downslope toward the home. The rear portion of the Sobleman residence has been elevated approximately 4 to 6 inches. The concrete decking around the swimming pool has been damaged. The Richardson residence (13845 Pike Road) which sits uphill and on the south margin of the head scarp, has lost part of the driveway, and their retaining wall has failed. The retaining wall failure is not related to the landslide activity. Potential Remaining Hazards: The landslide activity will continue to fail at or above its present rate of failure, however, additional heavy periods of rainfall will accelerate the failure process. If more rapid failures were to take place, the access along Pike Road would most likely be lost and the Sobleman residence severely damaged. The Richardson residence would in all probability not be involved in any expansion of the landslide process. Recommended Action: The Pike Road residents and the Soblemans should retain a geotechnical consultant to investigate the landslide and provide practical recommendations to mitigate the instability. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide occurred in an area that is designated as an Old Landslide (Ols) deposit on the City Geologic Maps. This area of the Old Landslide represents some of the steepest topo- graphy within the mass and therefore has a moderately high potential for failure. Approximate Size: Length: 100 -120 feet Width: 80 -120 feet Depth: 10 -15 feet Time of Failure: The failure occurred on February 28, 1983. Probable Cause of Failure: The probable cause of failure was reactivation of a portion of an Old Landslide deposit due to the high rainfall which caused abnormally high ground -water Tevels. William Cotton and Associates s 0. p f ,•.,. /-.. o al ° °. °• a DI = ° 0 01' 0 o p 00 0 o : /. -ear' � `_a =!'. Ay•YK''` c + _ f j PIKE RD /SOBLE MAN ..... �` f LANDSLIDE 6.00., 1983 01. 6 0 1 S.- Q I il' 'o ° • � °, VIM D 1,6: ,DI - , PLEX :1ki1I + C�Cton and r/Ssof�e PRELIMINARY STORM DAMAGE ASSESSMENT PERATA COURT LANDSLIDE Location: March 14, 1983 The landslide is located below Perata Court, south of the Perata residence, and directly above the Carlson residence. Property Damage: The head scarp has cut into the Perata parking area. The lower margin and toe of the landslide have cracked and are displacing two cross slope surface drains. Also, the landslide toe is pushing out and buckling a wooden retaining wall and a concrete brick retaining wall. Potential Remaining Hazards: If the landslide processes continue, the failure will extend laterally as well as in an upslope and downslope direction. Three, 14 inch pine trees are located on the landslide mass and have potential to fall on the Carlson carport. In addition, the Carlson retaining walls and cross slope drains will be further damaged with continued landslide activity. Recommended Action: In the short term, the head scarp area should be covered with' plastic (i.e. visqueen) and surface drainage directed away from the landslide area. The two cross slope surface drains should be checked periodically to insure water is not leaking into the landslide mass. The affected pine trees should be tied back to the slope to avoid damage from their collapse. We recommend a geotechnical consultant be retained to study the site and determine design criteria for stabilizing the landslide area. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide occurred in a fill prism. There is no upslope drainage that spills directly on the affected area. It appears that the oversaturation of the fill prism by high rainfall has overloaded the slope. Also, the older cut of the Carlson residence where the retaining walls have been placed, may have but into the slope enough to add to the instability. The two trees showing bowing and straightening on the lower slope indicate older slope movement. Perhaps those retaining walls were originally placed. to correct an older failing slope. The fill prism was constructed with local fill from a foundation excavation. It is fine - grained and saturated. The construction was not supervised by a soil engineer and possibly was not compacted properly. The head scarp is 3 to 4 feet high and it is not obvious if the slippage plane is only'in fill or cuts into the original slope. The slide shows a rotational movement with the upper block rotating and sliding diagonally downslope towards the northwest. The toe is pushing out the retaining walls but its movement has not been extensive. Approximate Size: Length: 60 feet Width: 75 feet Depth: 5 -10 feet Time of Failure: The failure occurred between March 2 and March 3, 1983. Probable Cause of Failure: The failure appears to be attributed to oversaturation of the fill due to heavy rainfall and not upslope surface drainage. In addition, the older cut at the Carlson residence may have weakened the slope. William Cotton and Associates p ,. �'-= per;, -a .. `-. �/y ,/•rj ` , � � (� i . ��,,.�- � r � . Y . o' 110 .i� lc •' • ti PERATA ��'i. 1',, t'.a�. _. "r we'ti.:. 1'•• .• i j � i •7 �.1 ,1 �� � �� LANDSLIDE a. `• �'., '.mow ;�. r / 1983 ` If �`— / �, • � � / ,ice --`` � � / � / .rte --1� / LA , RLEX- ,, \ _Wil Cotton and Associate's• Tsc PRELIMINARY STORM DAMAGE ASSESSMENT QUARRY ROAD LANDSLIDES Location: March 14, 1983 The location of the landslides are along the downslope edge of the Quarry Road alignment. Property Damage: Extensive damage has been sustained by the steep fill slopes located along the downslope edge of the road. The failures have caused the stream channel to become crowded and partially blocked, thus severe erosion has resulted in additional instability. Potential Remaining Hazards: There remains a high potential for additional damage if the area receives additional rain of moderate to high intensity. Recommended Action: The open cracks along Quarry Road should be sealed and all surface water should be prevented from flowing over the edge of the road. The head scarp areas of the landslide should be covered with plastic (i.e. visqueen). The entire area should be studied in order to provide a plan to mitigate the adverse effects of the stream channel erosion and the slope failure processess. 0 William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslides are underlain by Old Landslide deposits (Ols). The creek is actively undercutting the banks below the road and removing the lateral support from the edge of the road. The materials actually involved in landsliding are confined to the near surface soil and colluvial materials. Approximate Size: Landslide 1 - Length: 35 feet Width: 75 feet Depth: 5 -10 feet Landslide 2 - Length: 80 feet Width: 135 feet Depth: 5 -10 feet Landslide 3 - Length: 75 feet Width: 150 feet Depth: 5 -10 feet Time of Failure: The time of failure was prior to March 4, 1983. Probable Cause of Failure: The primary cause of the failures was the combined effect of oversaturation of the surficial materials and the undercutting of the slopes by stream erosion. William Cotton and Associates cc, 50 4 1 ' 0 S 0 ;, 3. 55� ' ° �./ ~-o� QUARRY ROAD • ro ° °—IS;­ / 38 1 • Q /•� / LANDSLIDES j• �:`' °�. /:..i ,!='� = ° QaI��5 • 1983 �• iI ►' ' 45 -•� -mot �...ii� '` �,, • ,y • ��• 1. �jj'' � � 1.1 1 i i Jr low ,. /-_--- � >- .ice: -� .;; ,� �;, •� •,• , � I;''. ;•% � , •I � , % DI � 1' • i ,! i i i.a rn 2r�t t/6 a o- es, O I S AMANA LANDSLIDE Location: PRELIMINARY STORM DAMAGE ASSESSMENT March 14, 1983 The landslide is located on the hillside situated above the Amana residence (13899 Upper Hill Drive). Property Damage: The landslide destroyed a series of terraced garden beds located on the slope behind the Amana home,and the failed debris partially filled the backyard swimming pool. The toe of a fill slope located on the neighboring parcel (i.e. up slope) has been lost due to this event. Potential Remaining Hazards: The landslide has potential to expand upslope and laterally along the hillside. Further damage to the pool and backyard is likely if the slope continues to fail. Additionally,the residence located upslope may loose foundation support if the failure process extends in an upslope direction. Recommended Action: As temporary measures,we recommend that the affected area be covered with plastic (i.e. visqueen),.that the upslope surface drainage be diverted away from the failed area, and that a system of surface drains be placed below the plastic cover in order to intercept runoff and direct it down the driveway. The homeowners should retain the services of a geotechnical consultant to conduct a thorough investigation of the unstable slope conditions and to provide recommendations for long -term stabilization. William Cotton and Associates GEOTECHNICAL DATA Geologic Conditions: The landslide is confined to the thin surficial cover of soil and colluvium located at the top of a backyard cut slope. No deep seated bedrock materials of the Santa Clara formation were involved in the event. Approximate Size: Length: 40 feet Width: 25 feet Depth 3 feet Time of Failure: The initial failure occurred on January 27, 1983. Apparently, since then, during times of high rainfall, the slope has continued to fail and the landslide has increased in size. Probable Cause of Failure: The cut slope for the Amana residence has daylighted the bedrock/ colluvium contact at the top of the slope. The colluvial materials became saturated and failed down the cut slope as a debris flow. William Cotton and Associates n PRELIMINARY STORM DAMAGE ASSESSMENT BOHLMAN ROAD LANDSLIDE Location: March 23, 1983 The landslide is situated on a steep natural hillside region along the south side of Bohlman Road, 250 feet southwest of the intersection of Belnap Way and Bohlman Road. Property Damage: Extensive damage has occurred to the surface of Bohlman Road, however, the gross stability of the road alignment is not threatened by this failure. Potential Remaining Hazards: The landslide process will continue in a piecemeal manner thoughout the remainder of the rainy season. There is a high potential for headward and lateral enlargement of the landslide area. Such activity may result in possible blockage and periodic closures of Bohlman road. Recommended Action: The entire slope area should be investigated in order to assess the extent of the landslide, determine the associated risks, and to develop practical measures to mitigate the effects of the failure processes. William Cotton and Associates A GEOTECHNICAL DATA Geologic Conditions: The landslide occurred on a steep (35 °) north facing slope between Bohlman Road and On Orbit Drive. The landslide represents a portion of a much larger landslide mass that is designated as an Active Landslide (Als) on the City Geologic map. The bedrock is highly fractured greenstone of the Franciscan Formation. In the immediate area, the bedrock dips from 32 to 38 degrees to the northwest parallel to the slope of the hillside. The materials involved in the landslide consist of fractured bedrock, landslide debris, and the natural cover of soil and colluvium. Approximate Size: Length: 250 to 300 feet Width: 80 to 150 feet Depth: ± 10 feet Time of Failure: Unknown Probable Cause of Failure: The failure was caused by oversaturation of the surficial earth materials by recent heavy rainfall. William Cotton and Associates �- BOHLMAN ROAD - / LANDSLIDE 1983 \` . ; l 10 0 Name of Appellant: Address: Telephone: Name of Applicant: Project File No.: Project Address: JUL 15 1988 CITY OF SARATO CITY N:ANAOFK'9 0fk$ APPEAL APPLICATION Date Received: Hearing Date: Fee : CITY 'USE K y� 9 �'� 7 - 3 7 1 7 /5 74 Project Description: J Decision Being Appealed: 3 �' V- ---------- - C/ r Grounds for the Appeal (Letter may be attached) -711'3 JCS Pz �, Sf } G� vim+% 1 / -t!�c ,.�1 G� l ('c lL+ w 5 '11 i l l�-��M >�r� r' 11 /l Tt,��/ r, n�� ci/.� Gig �.!) '�jf "Q'1¢�� /L1. fj 'F.-t.�� •: C A C tee. Sn\� *Please do not City offices. appeal please Appellants Signature sign this application until it is presented at the If you wish specific people to be notified of this list them on a separate sheet. VTS A P•TC, %TION r.iitcT nr c,rnmTT.'rD ;,'TT"1IN TEN I Ol. THE D -' SIO, (10) CALENDAR DAYS OF � y � l -M% 2) Z 9- 03 s" _ CrnI -`aM 4 D u ( U t' r /.tai " -� a� 3 / CI pJ 17 i fS b (�- Imo / G 7 • �, � X �,. 1 t �-c� .�`.' . � �zrc.t cL , Qtt�t 1`t �( �I.. � n_.k° aL, d LL*A,- J et C� {' 1 iti o'1�t�c �i C c.� -� fit, + nom . �- E� �* ,C.� dA eL �a , ✓�ti f �[ E a 0 r�..� �L Al D tom- c,• .C�? -Fe .l-e 141, dA 14 -e tie �t IL a-e ti", p� S - y� yt-vi �. %�.Q n� G�� • 'L2 �i G. �l l`Q �i 1� rt lL i E.0 d i1n �1 -�- �} @-1. -9 iGt c ► P IL-,- 1, Le JQA i p r 1 - fig -e. C \C t��yj /L� d c 4e - ` to n l t / G1 cC 6. l y 2 n /J � At/ 5- 3 71 2 6% 6 P,/ File No. APN o E C E V D JUL 15'1988 CITY OF SARATOGA CITY MANAGER'S OFFICE AUTHORIZATION FOR PUBLIC NOTICING I t M I L as appellant on the above file and property known as fr�l C �,,�� ]� hereby authorize Engineering Data Services to do the legal noticing on the above file. Date: Signature: