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HomeMy WebLinkAbout12-07-1988 CITY COUNCIL AGENDAA SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. /-)— ()- MEETING DATE: December 7, 1988 ORIGINATING DEPT.: Planning AGENDA ITEM: 1D CITY MGR. APPROVAL SUBJECT: ABAG's 1988 Housing Needs Determinations Recommended Motion: Adopt resolution revising housing needs and forward to ABAG. Report Summary: ABAG has issued its 1988 Housing Needs Determinations Report. The figures for Saratoga are greater than can reasonably be expected to be built. The Council should adopt a resolution and report revising the figures downward. The resolution and report will be forwarded to ABAG for their consideration. Fiscal Impacts: Non(z!. 1)Report from Planning Director, with resolution Motion and Vote: a4L� % . 2 - 30 4 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO FROM SUBJECT: City Council DATE: 12/7/88 Stephen Emslie, Planning.Director 1988 ABAG Housing Needs Determinations Pursuant to Government Code 65584, the Association of Bay Area Governments (ABAG) has prepared its five year Housing Needs Determinations Report. The report outlines the number of additional dwelling units that need to be constructed in Bay Area cities and counties to bring housing production into equilibrium with housing demand. State law requires that Housing Elements be updated every five years and that the local shares of regional housing needs be considered. City's are not required to "meet" the identified housing needs; they are only required to make a sustained and serious effort towards that goal. A 90 -day review period is allotted to local governments to review the housing needs figures and adopt revisions; this review period ends on December 13. ABAG then has 60 days to accept or reject the revisions. Saratoga's Housing Element was last updated in 1984 and will again be updated next year in 1989. The current Element contains a section on the ABAG Housing Needs Determinations Report for 1983. At that time, ABAG projected a toal need of 1,073 for the projected year of 1990. The City Council adopted a resolution revising the need downward to 723, (which included 230 units that were already slated for development) based on developmental, economic and environmental constraints unique to Saratoga. ABAG has again, in this 1988 report, projected a housing need for Saratoga far in excess of what the City can realistically hope to meet. The total projected need through 1995 is 1,029. Figures 1 and 2 show the projected need by time period and by income category. 1988 -90 PROJECTED NEED 797 FIGURE 1 PROJECTED HOUSING NEED 1988 -95 PROJECTED NEED + 232 FIGURE 2 TOTAL PROJECTED NEED 1,029 PROJECTED HOUSING NEED BY INCOME CATEGORY VERY LOW LOW MODERATE 165 134 185 ABOVE TOTAL MODERATE PROJECTED NEED 545 1,029 Based on a review of the 1983 needs revisions and an analysis of development activity in Saratoga in the five years since then, staff is recommending that the City Council again adopt a resolution revising the housing needs figures downwards. ABAG requires that local government revisions be based on available data and accepted planning methods; a report outlining the reasons for the revisions is attached to the resolution. Steph n Emslie Planning Director SE /vy /kah Attachment: Resolution and report REPORT ON SARATOGA HOUSING NEEDS REVISIONS Recent Development Data ABAG's total projected housing need for Saratoga in 1995 is 1,029. To keep up with that projected need, an average of 147 dwelling units per year would have to be built in Saratoga. Based on issuance of single - family residential building permits for 1984 to the present (shown in Table 1), an average of 73 new residences per year are built in Saratoga; this is about half the number need to keep up with the projected need. Considering these numbers, the housing need quantities projected by ABAG are not realistic. TABLE 1 SINGLE FAMILY RESIDENTIAL BUILDING PERMITS SINCE 1984 YEAR NUMBER OF PERMITS 1984 59 1985 51 1986 59 1987 106 1989 93 TOTAL 368 Although favorable economic conditions have led to an increase in new residential units in the last few years, these units are primarily in subdivisions that were created in the early 19801s. There are approximately 140 vacant lots remaining in approved or tentatively approved subdivisions, and about 30 condominium units. In addition, the City only processes about 5 -8 minor subdivisions (less than 4 lots) per year. The Paul Masson subdivision on Saratoga Avenue proposes 75 market -rate townhouse units and 215 senior - restricted cottage and apartment units. Environmental and Williamson Act Considerations Environmental constraints significantly affect the amount of housing that can be produced in Saratoga. Over 80% of Saratoga's vacant land not already approved for development is under Williamson Act contract or is located in environmentally sensitive areas. The same can be said for the underdeveloped residential land not already approved for development and for nearly all of the vacant and underdeveloped lands located in the City's urban service areas. Williamson Act lands can only be used for agricultural uses while under contract to the state. The term of the contract is ten years. Combined Williamson Acts lands within the city limits and the urban service areas represent about 13% of the units that can be accommodated in those areas. The City does not anticipate that any of the Williamson Act properties, exclusive of those under consideration for contract cancellation, will be available for development by ABAG's 1995 projection period. Thus, it would be reasonable to reduce the total housing need of Saratoga for 1995 by 13 %, or from 1,029 to 895. Most of the remaining residential land in Saratoga is in hillside areas. Environmental factors dictate that the density in the hillsides be an average of 1 -4 acres /unit. These environmental factors include geotechnical hazards, steep slopes, potential landslides, erosion and drainage problems, and inaccessibility for public services. The Northwestern Hillsides Specific Plan was adopted in 1981 to govern hillside development. The plan area covers about 85% of the City's vacant and underdeveloped land, and resulted in a reduction in allowable density in those areas by about 40 %. It is the City's position that due to the environmental constraints evident in the hillside areas the housing need projected for the City of Saratoga should be reduced. The following calculations indicate the manner by which the ABAG projected need for Saratoga is reduced. ABAG projected housing need for 1995 1,029 Less 13% for Williamson Act lands - 134 895 Less units already slated for development - 170 725 Less reduction for hillside constraints 725 x 85% (hillside area) = 616 <LESS> 616 x 40% reduction = 369 247 - 247 Remaining Housing Need 478 SUMMARY Based on the factors outlined in this report, the total housing need for the City of Saratoga for 1995 is hereby reduced from the ABAG projection of 1,029 to a total of 478. A:abag t :4. 11 RESOLUTION NO. A RESOLUTION OF THE SARATOGA CITY COUNCIL REVISING THE HOUSING NEEDS DETERMINATIONS FOR THE CITY OF SARATOGA WHEREAS, the Association of Bay Area Governments is the council of governments (hereinafter "ABAG") under the Joint Exercise of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is required by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 (hereinafter "Section 65584 "), to determine the existing and projected housing needs for its region; and WHEREAS, each council of governments is further required to determine each city's and county's share of the regional housing needs; and WHEREAS, ABAG's staff has prepared and circulated for public review and comment, a draft Housing Needs Determinations report meeting the requirements of Section 65584; and WHEREAS, the Housing Needs Determinations report was approved by the ABAG Executive Board for the purpose of beginning the official review and revision of the determinations contained therein; and WHEREAS, the City of Saratoga desires to revise its share of the regional housing need based on available data and accepted planning methodology in accordance with the requirements of Section 65584; NOW THEREFORE BE IT RESOLVED, that, pursuant to Section 65584, the City of Saratoga revises its share of the regional housing need, as contained in the September 15, 1988, Housing Needs Determinations report published by ABAG; and be it further RESOLVED, that this revision is made effective December 7, 1988; and be it further RESOLVED, that the ABAG Executive Board is requested to act on such revision in accordance with the requirements of Section 65584; and be it further RESOLVED, that a report be transmitted to of Bay Area Governments. copy of this resolution and the attached the Executive Director of the Association f i The above and foregoing resolution was passed and adopted by the Saratoga City Council on this 7th day of December, 1988. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk C U Mayor � J SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. ,.5 ~ MEETING DATE: 12 -7 -88 ORIGINATING DEPT: ENGTNEFR_TNG SUBJECT: Overlay Various City Streets 1988 -1989 Notice of Completion Recommended Motion: AGENDA ITEM CITY MGR. APPROVAL Accept the subject project and authorize filing of the "Notice of Completion ". Report Summary : The Saratoga City Council, at their regular meeting on September 21, 1988, awarded the contract for above project to Raisch Construction Company. The work on the project has been satisfactorily completed. Fiscal Impacts: Total construction cost. Attachments: 1. Notice of Completion. 2. .Progress Payment. Motion and Vote: J P RECORDING REQUESTED BY City Clerk AND WHEN RECORDED MAIL TO r I � I am. City of Saratoga ao 1 13777 Fruitvale Ave. `s;a : L Saratoga, Ca. 95070 SPACE ABOVE THIS LINE FOR RECORDER'S USE (Iat Wiettain MirP is hereby given that .......... I........... , the undersigned, ...jie R. Peacock ......................... .............................................. ............................... ................................................... ............................... ............................. /the agent of]* the owner....... of th............. certain lot............ piece..............., or, parcel ............. of land situated in the ...... City . Af.. S= aWg?.............................................. County of •: �:a ............................ State of California, and described as follows, to -wit: OVERLAY OF CERTAIN CITY STREETS That............................................................................................................ ............................... ................................................. ............................... . as owner...... of said land, did, on the ....21.5t...... day of .......SeP. r . ............................... 19 ..88........... , enter into a contract with ......................... RAISCH ( bfISTR[ K' TIi(' 15Y ........................................ ............................... for ................................................................................................................................. ............................... .......................... ' WERLAY ..0F. ZE0. 1!..:GTE ..... ? EETS.'.'....................................... ............................... ................................................................................................................................. ............................... upon the land above described, which contract was filed in the office of the county recorder of the •••••.•••• •••••••.• .................... count o . , State of California, on the.... ............................... .. day of ......................... , Thaton the ........ 7th .... ............................... day of ........ ? Y.......................... 19 .88...... the said contract or work of improvement, as a whole, was actually completed by the said ................... ................... ..........IiA�SCEi..I+?�?CIZC�T COMPANY ...................................................... ............................... That the name ...... and address...... of all the owner...... of said property are as follows: CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, Ca. 95070 and the nature of ........ ............................... title to said property is .................. ............................... STATE OF CALIFORNIA •••••• Owner ............ Countyof ............................. ............................... Agent ................................................................................................................................. ............................... I� being duly sworn . ....................... says: .................................................................... ........................... I am .......... (the agent of /' the owner...... of the property described in the foregoing notice.... . I have read the foregoing notice and know the contents thereof, and the same is true of my own knowledge. Subscribed n so am to before me this dayf ...................... 19.......1 ................................................. ............................... ................................................ ............................... ' Delete words in brackets if owner signs. L This doc —nt is ordv • pAsaral form tankh rtsay M Props for use in snriple transactions and in no wv Wis. or it intended to the SdviW of an attarrey. The mblis er doer not nulra any Mrranty, ititner 1xWM or itnplisd tl to Me loll PRUJECT. OVERLAY ON VARIOUS CITY STREETS PROGRESS PAY ESTIMATE DATE: 10- 17 -R ;R EST. NO. 2 CITY OF SARATOGA FROM: October 14, 1988 13777 FRUITVALE AVE. T0: October 31, 19se SARATOGA, CALIF. 95070 CONMCTOR:__ Faisch Construction ADDRESS: 2 BID ITEM QUAWITY UNIT PRICE TOTAL WRKI.DONE PREVIOUS EST. WRK. DONE THIS EST. TOTAL WMt.DONE UNIT PRICE TOTAL DUE %WORK DONE REMARk 1 Install 2" Overlay 4750 /toes 31.0 /ton 147,250.00 3,728.90 0 3.728.90 31.0 115,595.90 78.58 2 fabric 39,048/S.Y. 0.56 /S.Y. 21,866.88 25,000.00 0 26,000.00 0.56 14,560.00 66.668 TInstall 3 Install A.R. 4000 Binder 9,767/ 0.95/ 9,278.65 6,500.00 0 0.95 6,175.00 66.65 4 Cut 18,991 /L.F. 0.66 /L.F. 12,534.06 18,552.0 0 1 44.32 97.69 5 Adjust Manhole valve and Mmment 136 /each 140 /each 19,040.00 124.0 0 140.00 17,360.00 91.17 6 nt- Douhl-e-Yellow 1 568 .F. 1.0/L.F. 1,568.00 p 1.0 1.888-00 120.41 Install Blue Marker 22/ 24 /each 550.00 0 13.0 13.0 25.00 325.00 59.09 1 Type "B" Marker 68jeach 20 /each 1 1,360.00 p 1,540'.00 113.23 PROJECT: OVERIAY ON VARIOUS CITY S!ja= DATE: 10-17-S8 EST. N0. 2 FROM: Oct.14, 1988 TO: Oct. 31, 1988 PROGRESS PAY ESTIMATE CITY OF SARATOGA 13777 FRUITVALE AVE. SARATOGA, CALIF. 95070 Sheet 2 of 2 CONTRACTOR: FAISCB CONS IUCTICN ADDRESS: Robert S. Shook/ City Eng BID ITEM QUANTITY UNIT PRICE TOTAL ;DONE PREVIOUS EST. WRK. DONE THIS EST. TOTAL •DON UNIT PRICE TOTAL DUE %WORK DONE REMAi 9 Paint 4" Wide &1geline 1 457 0.50 L.F. 728,50 0 1,340.0 91.96 Paint Yellow Crossmalk 2 275 /each 550.00 0 2.0 2.0 275.00 550.00 100.0 11 Paint Mite Crosswalk 2 275 /each 550.00 0 2.0 2.0 275.00 550.00 100.0 12 Install Monument Boxes 2 200 eadi 0 0 0 200.00 0.00 0.0 13 Paint Payment T 11900.00 L.S. L.S. RECORD OF PREVIOUS PAYMENTS -TOTAL DUE $ 173,358.22 LESS 1O% RETENTION 1 Progress Payment #1 1 -2 -8 149,341.70 TOTAL PAYMENT 156 022.40 Made By • LESS PREVIOUS PA]�II' 149,341,70 Checked. PAYMENT DUE THIS EST'.$_ 6,680.70 ALL fl Fr I TOTAL 149 341.70 Approved by: p `— <' `7 Robert S. Shook/ City Eng SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. IS�� ArFUnn rmrM MEETING DATE: 12 -7 -88 CITY MGR. APPROVAL ORIGINATING DEPT: ENGINEERING a i SUBJECT: Reconstruction & Overlay of Certain City Streets "Notice of Completion" Recommended Motion: Accept the subject project and authorize filing of the "Notice of Completion". Report Summary: ' The Saratoga City Council, at their regular meeting on June 15, 1988, awarded the contract for the above project to RAISCH CONSTRUCTION COMPANY.. The work on the project has been satisfactorily completed. This project was overrun by $26,302.09.due to extra excavation on La Paloma Avenue and Reconstruction of Sobey Road. Fiscal Impacts: Total construction cost: $533,484.35. Attachments: 1.. Notice of Completion. 2.. Progress Payment. Motion and Vote: RECORDING REQUESTED BY City Clerk AND WHEN RECORDED MAIL TO N,m City of Saratoga ,� 13777 Fruitvale Ave. °a: L Saratoga, Ca. 95070 SPACE ABOVE THIS LINE FOR RECORDER'S USE Raw of up is hereby given that ..........I........... , the undersigned, ......HARRY R. PEACOCK ................................................................................................................................ ............................. .............................. Ithe agentofl * the owner....... of th............. certain lot............ piece..............., o.. r, parcel ............. of land .situated in the CxtY.. Qf.. �' 14tQ94.......................................... .......... County of ••••••••••••••••••••••••••••••••••••••••••••••• •••••••.•• ..................... State of California, and described as follows, to -wit: I I I RECCONSTRUCTICN AMID OVERLAY OF CERTAIN CITY STREETS I �I I II I� �I I I� That ............................................................................................................ it ............................... ...... , as owner...... of said land, did, on the ...15th...... day of ........ J.= 19-3-8 ......... ............................... ........... , enter into a contract with ......................... ...................................... IV� ............................... ............................... for ................................................................................................................................ ............................... ...................... �,.DV�, Ali. F1C1R.C�ItT�IDI.I:ZTY. SETS......... ............................... ................................................................................................................................. ............................... upon the land above described, which contract was filed in the office of the county recorder of the ......... ............................... county of .................................. ............................... , State of California, on the................. ............................... day of ................ ............................... , 19 ............; That on the..... 7th ....... ............................... day of ......... Navanber ......................... 19 ...88..... the said contract or work of improvement, as a whole, was actually completed by the said ................... Ili ................. .............. .....................IiAISC�i.. .ICTZX �AIy SC....................... That the name ...... and address...... of all the owner...... of said property are as follows: CITY OF SARATOGA 13777 Fruitvale Avenue Ii Saratoga, Calif. 95070 111 ;n li ;I and the nature of ........ ............................... title to said property is ........................ ............................... ................................................................................................................................. ............................... :I ................................................. ............................... STATE OF CALIFORNIA •••• /U,(iner .... ...... i Pi I ss. By .......... ................................ I;! Countyof ..................................................... ;I ........... being duly sworn . ......... ............................... i says: I am .......... (the agent of]* the owner..... of the property described in the foregoing notice. I have read the foregoing notice and know the contents thereof, and the same is true of my own knowledge. Subscribed and sworn to before me this . day of ...................... 19 ....... l ................................................. ............................... ........................... ............................... J ' Delete words in brackets if owner signs. Thin d000mMlt i1 only • p wal form Mich MW be RroMr for uM in rimoli, t Wtionl isnd in no MY wts, or is intendsid to <Y, p tohrtitub for tho odoim of an wtarMy. Th. po.i,h., . not _, ;nY nerr,ntY. �iMw �tqq w iWIj j a to tM I0gl ohnq WONdotrW'rhr of This—for-1. Remove b Replace 9 Asphalt Concrete Driveway 10 Construct A. C. Swale 11 Construct A. C. Curb 12 Adjust Manholes 13 Build Shoulders b Conform A. C. Driveway 2,116 S.F. 1,230 S.F. 3.0 2.50 6,348.0 3,075.0 950 L.F. PROGRESS PAY ESTIMATE 3,800.0 106 ea. 160.0 Sheet I of 2 88.37 48.42 PROJECT: RECONSTRUCTION AND OVERLAY of VARIOUS CITY STREETS DATE: 11 -22 -88 EST. NO. 5 CITY OF SARATOGA CONTRACTOR: RAISCH CONSTRUCTION FROM: 9 -27 -88 T0: 13777 FRUITVALE AVE. ADDRESS: 1105 L'Avenida 11 -5 -88 SARATOGA, CALIF. 95070 _ Mt. View, Ca. 94643 UNIT WRK.DONE WRK. DONE TOTAL UNIT TOTAL %,WORK BID ITEM QUANTITY PRICE TOTAL PREVIOUS THIS EST. WRK.DONE PRICE DUE DONE REMARKS EST. 1 Road Excavation 2292 C.Y. 10.0 22,92(Y.00 29,420 0.00 2,942.0 10.0 29,420.00 128.35 2 Aggregate Base Cl. II 1550 Ton 18.20 28,210.00 1,604.50 0.00 1,604.50 18.20 29,201.90 103.52 3 2" A.C. Overlay 4960 Ton 31.0 153,760.00 5,405.75 0.00 5,405.75 31.00 167,578.25 108.99 4 Install Fabric 37,291 S.Y. 0.62 23,120.42 (1.0 0.62 16,120.00 69.72 5 A.R. 4000 Binder 11,186 Gal 1.0 11,186.00 5,300.00 0.00 5,300.00 1.00 5,300.00 47.38 6 Repair Failure Street 29,940 S.F. 1.20 35,928.00 42 587.00 .00 r16,438.00 7 Construct New Street 24,011 S.F 2.20 52,824.20 16,587.00 0.00 2.20 36,163.60 68.46 8 Wedge Cut 2,785 L.F 2.0 5,570.0 3,302.00 0.00 3,302.00 2.00 6,604.00 118.50 Remove b Replace 9 Asphalt Concrete Driveway 10 Construct A. C. Swale 11 Construct A. C. Curb 12 Adjust Manholes 13 Build Shoulders b Conform A. C. Driveway 2,116 S.F. 1,230 S.F. 3.0 2.50 6,348.0 3,075.0 950 L.F. 4.0 3,800.0 106 ea. 160.0 16,960.0 416 tonj 60.0 1 24,960.0 1,087.00 416.00 U.UU 1.822,UU 3.00 5,466.00 86.10 0.00 0.00 1,087.00 460.00 2.50 4.00 2,717.50 1,840.00 88.37 48.42 0.00 416.00 60.00 24.960.00 100. PROGRESS PAY ESTIMATE PROJECT: . RECONiTRUCTION A OVERLAY OF VARIOUS CITY STREETS Sheet 2 OE DATE:-11-22-88 EST. FROM: 9 -25_88 TO: NO. 5 11 -5 -88 CITY OF SARATOGA 13777 FRUTTVALE AVE, SARATOGA; CALIF. 95010 CONTRACTOR: RAISCH CONSTRUCTION ADDRESS: - - >>n5 LiAvpnida _ Mt. View. Ca. 94043 ]14 BID ITEM A QUANTITY UNIT PRICE WRK:DOME WRK. TOTAL PREVIOUS THIS DONE TOTAL EST. WRK,DOfi UNIT TOTAL PRICE DUE 7.W0RK DONE REL',7 EST. Install 12" R.C.P. 1485 L.F. 55.0 81.675.0 1.553.00 1,593.00 55.00 87 615.00 107.27 15 Construct Manhole 8 ea. 1,800.0 14.400.0 8.0 0.0 8.00 1-18-0-0,00 14,400.00 100.00 16 Construct Catch Basin 6 ea. 1,800.0 10,800.0 6.0 0.0 1 800.00 10 800.00 100.00 17 Construct Flat Grate 1 ea. 2,200.0 2.200.0 2.0 0.0 2. 00.00 4,400.0 2.00 19 Remove b Replace Catch Basin Stripe Double Yellow 1 e 838 L.F. 2,500.0 2.0 2,500.0 1.0 0.0 1,676.0 1,213.00 0.0 i-nn 1 2,500-00 2.00 2,426.00 _ 100.00 144.70 20 21 Paint Pavement Harking 21ntall Type "B" Markers L.S., 64 ea. 2 500.0 10.0 2.500.0 L.S. 0.0 640.0 224.0 0.0 L.S. 224.0 2,500.00 2,500.00 10.0 2 2450.00 100.00 3 � • 00 22 Blue Markers 13 ea. 1013.0 130.00 _ 100.00 23 l Monument Box 10 a. RECORD OF PREVIOUS PAYMENTS 200.00 2 000.00 5.0 0.0 5.0 TOTAL DUE 200.0 1,000.00 $ 533,484.35 50 8 1 July 8, 1988 $ 97,286.69 LESS 10% RETENTION 53,348.44 2 August 3, 1988 179,612.52 TOTAL PAYMENT ��180 135 91 3 4 Sept: 7, 1988 Oct. 5, 1988 139;593.59 61,573.12 Made BY: 4 Checked By. tL� LESS PREVIOUS PAYMENTS 478;064.92 PAYMENT DUE .THIS EST ' Approved by: /- 'roTAt $480,135.91 Citv F�l sneer PROGRESS PAY ESTIMATE PROJECT: Reconstruction & Overlay of Various City Streets DATE: 11 -22 -88 EST. M FROM: 9 -25 -88 TO: 11 -5 -88 CITY OF SARATOGA 13777 FRUTTVALE AVE. SARATOGA, CALIF. 95070 CONTRACTOR: RAISM CONSTRUCria4 ADDRESS: 3 BID ITEM QUAWITY UNIT PRICE TOTAL :DONE PREVIOUS EST. WRK. DONE THIS EST. 'TOTAL •DON UNIT PRICE TOTAL DUE %WORK DONE REMARKS 4 Install Sub Draining 401.0 18.70 7,498.70 401,0 100.0 Extra on Sobey 5 Stabilization Fabric 518.0 0.74 383.32 518.0 0.0 6 Road way Backfill 75.0 8,0 600.00 75.0 0. 600.00 100.0 7 A. C. Berm 370.0 11.70 4,329.00 370.0 0.0 370.0 11.70 4,329.00 100.0 B Paint Double Yellow on Pd.- L. 500.00 500.00 L.S. 0 L 500.00 500.00 100.0 9 Pot Hole on La Palama Ave. L.S. 225.45 225.45 225.45 0.0 L.S. 225.45 225.45 100.0 100 Extra on La Palana Extra pm La Palm Remve Dirt 801.23 1.0 801.23 801.23 0.0 ' 1 Sidewalk on La Palate L. 100.00 100.00 L.S. 0.0 L.S. 100.00 100.00 100.0 Extra pn La aacm __ ___ SURIOML: $141437.70 EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL �j AGENDA ITEM MEETING DATE: December 7, 1988 CITY MGR. APPROVAL ORIGINATING DEPT: Community Services SUBJECT: Green Valley Disposal Performance Audit Recommended Motion: Move to refer the findings of the Performance Audit to the Rate Review Committee for action as appropriate. Report Summary: The Cities of Saratoga, Campbell, Monte Sereno, and Town of Los Gatos entered into franchise agreements with Green Valley Disposal for solid waste collection services in 1983. Included in the terms of each agreement is the requirement of a performance audit during the fifth, tenth and fifteenth years of the franchise. Pursuant to the terms of the agreement, the four cities selected the firm of Arthur Young to perform the audit. Presented as an attachment is a summary of Arthur Young's Report and the firm's findings and recommendations. In general, the firm found Green Valley's performance compared favorably to industry standards for comparable sized operat- ions. Recommendations were made, however, where Arthur Young found opportunities for increased productivity or improved performance. Green Valley's response to the audit indicates that implementation of several of its recommendations is either in progress or planned at this time. Fiscal Impacts: None Attachments: Joint Report from City Managers to their City Councils. Motion and Vote: �;`�V,a k 4-0, iuw[latl►1�]i , TO: Campbell City Council November 4, 1988 Los Gatos Town Council Monte Sereno City Council Saratoga City Council FROM: Kevin C. Duggan, City Manager Deborah Swartfager, Town Manager Rosemary Pierce, City Administrator Harold Peacock, City Manager SUBJECT: Performance Audit - Green Valley Disposal SUMMARY A performance audit of Green Valley Disposal Company was recently completed by the firm of Arthur Young. Presented here is a summary of that report and the firm's findings and recommendations. In general, Arthur Young found that Green Valley's performance compared favorably to industry standards for comparable sized firms. Recommendations were made, however, where Arthur Young found opportunities for increased productivity or improved performance. The next step for the Cities and Town is to begin discussions with Green Valley regarding implementation of performance audit recommendations. Green Valley's response to the performance audit indicates that implementation of several recommendations is either in progress or planned at this time. nnc-xrRnrTNn The Cities of Campbell, Los Gatos, Monte Sereno and Saratoga entered into franchise agreements with Green Valley Disposal in 1983. Included in the terms of each agreement is the requirement of a performance audit during the fifth, tenth and fifteenth years. Pursuant to the terms of the agreement, the four cities selected the firm to conduct the audit which was paid for by Green Valley. The scope of the performance audit included: organization, management and personnel practices; financial and administrative practices; collection and fleet maintenance operation; and customer service operations., Additionally, based on early discussions with the four cities, Arthur Young included a review of Green Valley's curbside recycling proposal at no additional cost. PERFORMANCE AUDIT FINDINGS Organization, Management and Personnel Practices Arthur Young found Green Valley's organization structure similar to other refuse companies and organized along functional service areas. Recommendations in the management area concern productivity improvement. Page 2 The report found the Company interested in productivity improvement and programs are in progress aimed at improving cost effectiveness. The report recommends that one officer be given formal responsibility for productivity improvement. Secondly, regarding personnel management, the report recommended that a safety training program be designed for all Collection Drivers and Mechanics. Financial and Administrative Practices Arthur Young reviewed all major financial and administrative practices including accounting systems, billing and collection, cash management, capital investments and data processing systems. To allocate costs among jurisdictions, Green Valley uses a cost allocation methodology based on time- and - motion data. Time- and - motion studies were conducted in 1984 and 1986. Arthur Young recommends a standard three -year interval be established for these studies to correspond with the three -year rate review cycle referenced in the franchise agreement. With respect to capital.assets, the report recommends that the rate review committee and Green Valley discuss guidelines for capital expenditure decisions, that all equipment leases include buy -out provisions, that automobiles purchased by the Company for use by the officers not be included as assets of the Company but treated as officer bonuses, and that Green Valley examine the cost effectiveness of a mileage reimbursement program in lieu of providing vehicles. The report also recommends that the rate review committee review the methodology used to estimate Green Valley's projected revenues, expenditures and profit level, consider asking for more detail in financial statements and explore ideas to refine projections. Collection and Fleet Maintenance Operations Green Valley's collection operations are divided into three sectors: residential; commercial; and drop- off -box accounts. Arthur Young reviewed the Company's collection productivity and found its performance to compare favorably with other refuse operations. The report noted that franchise requirements have a significant effect on collection efficiency and that other collection systems suggest savings of 25 to 40 percent per household if backyard and sideyard service options were eliminated in favor of curbside collections. The report stated that Green Valley should explore the use of side loading vehicles in "hard to serve" areas (currently served by rear loaders) as the side loaders offer more maneuverability and capacity. Arthur Young also recommended that for certain flat land routes, the Company explore the use of front end loading vehicles and one - person crews and that the Company continue to monitor its semi- automated pilot program (large trash containers). With respect to the fleet maintenance operation, Arthur Young found Green Valley's performance to be consistent with industry standards. The report recommended that vehicle maintenance costs be tracked by actual labor rates, plus fringe benefits of the mechanics rather than an approximation. A more comprehensive maintenance checklist was also recommended for vehicle servicing. Page 3 Customer Service Operation Arthur Young reviewed Green Valley's customer service operations and surveyed a sample of customers who had registered complaints to determine customer satisfaction with the Company's complaint resolution process. The overall observation was that Company management has a direct interest and commitment to provide quality customer service, evidenced by investment in an on -line computer system with immediate access to customer records and the Assistant Manager's direct follow -up with various cases. A majority of respondents to the customer survey gave the complaint resolution process an overall evaluation of "good to excellent ". The survey also showed a perception by some customers that multiple contacts were required to resolve complaints. In the customer service area, Arthur Young recommends that the Customer Service Supervisor implement a program to identify and correct the cause of multiple customer contacts to resolve a complaint, that the Dispatcher implement a program to check that corrective actions have been properly carried out by Collector Drivers, and that the Company enhance communication of its service policies. Citing a high turnover in Customer Service employees, a salary survey of those positions was suggested. The final observation in the Customer Service area notes that the Company's office closes at 4:30 p.m. rather than 5:00 p.m. as discussed in the franchise agreement. Proposed Curbside Recycling Program Arthur Young also commented on Green Valley Disposal's proposed curbside recycling program. The report finds possible advantages with a Green Valley operation in that the service could be integrated with current refuse collection services. A potential disadvantage is Green Valley's lack of experience in operating a curbside recycling program. In summary, Arthur Young recommended that the Cities and Town drive the proposal process by clearly defining program specifications, develop a request for proposal and receive proposals from Green Valley as well as other operators. Green Valley Disposal Response Green Valley Disposal was given an opportunity to provide comments regarding the performance audit, and the Company's response is included as an addendum to the report. The Company's response indicates that some of the report's recommendations are either currently being addressed or plans are being made to address them. Included here are reinstatement of a safety training program, addition of buy -out provisions to equipment lease agreements, additional data processing security measures, evaluation of side loader vehicles for hard -to -serve areas, expansion of the use of front end loading vehicles, expansion of the pilot semi - automated collection program, and implementation of a program to identify and correct the causes of multiple customer contacts for complaint resolution. Page 4 The balance of Green Valley's comments consisted of additional information regarding several recommendations. Additional information was provided regarding productivity enhancement and the Company official responsible for that function, industrial injury statistics, purposes of company vehicles, level of detail of preventive maintenance records and revised billing statements that provide additional information about service policies. BL:jw F:Audit February 17, 1984 Mr. David Moyles Mayor, City of Saratoga 13777 Fruitvale Saratoga, CA 95070 Dear Mr. Moyles, RE: Garbage rate increase The city of San Jose is served charge for residential garbage of cans is $18.00 per quarter. proposed increase will be $35• tell me what makes our garbage ot V 3/7 by Browning and Ferris, their collection for unlimited number The Saratoga rates with the 00 per quarter. Can you please twice as expensive as San Jose'? I attended the City Council Meeting on February 15, 1984 and listened to the gentlemen from Green Valley Disposal Co. give their reasons for the increase. It is my opinion that Green Valley is taking advantage of us and I would like to see them replaced by another company. I find it hard to believe their bookeeping figures. Have they been audited? There were too many inconsistencies in their justification of rate increase. A ncerned re ident of Saratoga, Donald A. Carr 19803 Merribrook Ct. Saratoga, CA 95070 v V �3� AIAW YTIO .33 . {fit pp ^ _ __ /_ o J-�c Aol-C- 7nrl- Ci . ..... . AT -1-41-CAe4 la3L- IT - gy� 13 NO ~try.. as At� Date: February 9, 1984 Subject: (1) Road Maintenance Funding (2) Green Valley Disposal Rate Increase Other commitments make it difficult for me to attend public meetings you have scheduled to address the issues of road maintenance and disposal rate increase but I do wish to comment on both. (1) Road Maintenance (2) Green Valley Rate Increase These comments are also related to the "private" road issue. A few years ago, the approved rate structure permitted a surcharge for pickup on "private roads Every time I paid the bill I resented that surcharge because: (1) There was no reasonably convenient way Green Valley could get its vehicles onto the lower reaches of Peach Hill Road (a city street) for those Saratoga City Council -2- February 9, 1984 pickups without using Piedmont; (2) Piedmont Road is not a particularly difficult road on which to make pickups. Currently I am paying for unlimited service, without a "private road" surcharge. Although the rate is fairly high, I can live with it. However, I would object strongly to the reinstitution of a "private road" surcharge. if SARffATOGA CITY COUNCIL EXECTIVE SUMMARY NO. f S'4aa AGENDA ITEM _71S MEETING DATE: 12/7/88 / ORIGINATING DEPARTMENT: Planninqi CITY MGR. APPROVAL SUBJECT: Waiver of Application Fee; UP -88 -014, 20490 Williams Avenue Recommended Motion: Denial of request to waive application fee. Report Summary: The Saratoga Parent Nursery School is requesting a reimbursement of $400.00 for a use permit application fee to reconstruct a climbing structure. The permit was granted November 9, 1988, by the Planning Commission. The school explains they are a non - profit preschool. Since the Council has only waived temporary use permit fees, waiver of the fee for a use permit which runs with the land would be precedent setting. Fiscal Impacts: Loss of $400.00 fee if waiver is granted. Attachments: 1. Letter from Linda Thorsch 2. Resolution No. UP -88 -014 3. Location map Motion and Vote Parent October 11, 1988 0490 Williams Avenue :oga, California 95070 867 -9774 Saratoga Planning Department 13777 Fruitvale Avenue Saratoga, CA 95070 To Whom It May Concern: The Saratoga Parent Nursery School is a non - profit, parent participation pre - school. We rely solely on the parent's tuition to cover the cost of running the day -to -day expenses of the school. We have an annual fund- raiser, our Art & Wine Show. This money is used to make much needed improvements to the school. For example, replacement of the climbing structure which totals approximately $6,000 alone. Due to our situation, we would like to appeal for reimbursement of the cost of the Use Permit ($400) and a waiver for the Building Permit if there is a cost. We appreciate any consideration you can give regarding this matter. Sincerely, Li Thorsch President Use Permit Nc RESOLUTION NO. UP -88 -014 A RESOLUTION OF THE SARATOGA PLANNING COMMISSION CITY OF SARATOGA APPROVING USE PERMIT 20490 Williams Avenue, APN: 397 -28 -42 WHEREAS, The City of Saratoga Planning Commission has received an application for Use Permit Approval to rebuild an existing climbing structure at an approved nursery school (UP -5). 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 climbing structure 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 climbing structure and the conditions under 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 climbing structure. 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 Linda Thorsch for use permit approval be and the same is hereby granted subject to the following conditions: 1. Obtain a building permit for construction of the climbing structure from the City building division. 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. Conditions of this use permit must be completed within 24 months or approval will expire. Section 4. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 5. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this resolution shall 3 a UP -88 -014; 20490 Williams Avenue become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 9th:_ day of November, 1988, by the following vote: AYES: Commissioners Guch, Burger, Harris, Kolstad, Tucker & Tappan NOES: None ABSENT: Siegfried ATTEST: Secretary, Planning Commission Chairman, Planning cf&mmission The foregoing conditions are hereby accepted. Signature of Applicant Date 4 REPORT TO THE PLANNING COMMISSION FROM: Jacobson DATE 11/9/8,8 PLNG. DIR. APPRV.� APPLICATION NO. & LOCATION: UP-88-014; 20490 Williams Ave. APPLICANT /OWNER: Thorsch APN: 397 -28 -42 Q N tessz :osy{ 10 2A J 20593 0l :� 1+0� (A) 2af 20 C� y7� -tet- Q Cep IIY (ft13) (Mlr,lb) (16117) CIO^ N �� .*S46 ii. Z049S 2e449 110451 0409 317 24L 3 -22' 7 -2s. '317�1>t- 3377 -L 39-1.tf- 2y S� 140S1 }' 337 !t. so �4 wIL L I A M S AVE.- CO3 �4o_VS 1. 'Dn IA 19 w .730 0% s Q IV d I 0 ti 0' o fit- 14071 Q an- �: » 114 s` rte s •s s0 ;- Itt -id c, f4lo, 17 la 14 �b so C21 L4 1) 14011 Q ,�� `� b ` (42) si sei- 2L- L � w 49 1 n 1411 o 070 1 61 7 >"s -= 2 '� - s -lL- 14101 d +>r a ,? o+ o, 01 of 141&0 c4 I � NUT AVE. - -1471YS Cava �, So3- 4) 1 (1) i2) 20440 OV41 IL X140 117 1 1 11 09 11 20 141%1 4169 4160 z• ~ CO sl7-47 V 317 -17-18 142 S1, 10 ) 14170 '!97.27 -24 N_sob-" -r-14 142 1Z ! 1m L7- 141 0321 K M 397 - - 27 cs e 1 -SARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. �7 AGENDA ITEM -� MEETING DATE: 12/7/88 ORIGINATING DEPARTMENT: Planning CITY MGR. APPROVAL SUBJECT: SD -88 -006 - Saviano /Bow e. Appeal of 3 lot residential subdivision of it acres of undeveloped property located on the southeast side of Pierce Road immediately southwest of the intersection with Surrey Lane. Recommended Motion: Deny the appeal and affirm the decision of the Planning Commission. Report Summary: On October 26, 1988, the Planning Commission approved a tentative map for the above referenced subdivision. On November 7, 1988, the Pierce Canyon Homeowners Association appealed the Commission's decision for two reasons; 1. the presence of the slide area should have reduced the density • from three lots to two and; 2. a pedestrian trail should have been required. The Planning Commission considered both issues in its deliberations. No new evidence supports a reversal of the Commission's decision. Fiscal Impacts: None Attachments: 1. Memorandum to City Council 2. Letter of Appeal 3. Planning Commission minutes dated October 12, October 26 4. Staff reports to Planning Commission 5. Miscellaneous letters to Planning Commission 6. Calculation of density less slide area received 11/17/88 Motion and Vote 6 kim:saviano 000001 s U Ll •G� 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE:12 /7/88 FROM: Stephen Emslie, Planning Director SUBJECT: SD -88 -006, Saviano /Bowie; 13502 Pierce Road --------------------------------------------------------------------------------- Description The property is located in the Northwestern Hillside Residential zone district, General Plan RHC (hillside conservation). It is 10.8 acres in size with an average slope of 27.5 %. The tentative map which was approved by the Planning Commission on October 26, 1988, is for three (3) lots with building sites located on the more level area of each lot. Dense vegetation covers the site. The Calabazas Creek traverses the southwest corner of proposed lot A and an existing active landslide is located in the southeastern portion of the lot which extends upslope onto two adjacent properties. Issues of the Appeal 1. The slide area should be deducted from the area prior to calculating density. Comment: Pursuant to City Code Section 15- 06.020, and Policy 2a of the Northwest Hillside Specific Plan regarding density, only areas classified by the City Geologist as "Md" or Mrf" are to be deducted when calculating the site area. The site is not classified in either zone. The Planning Commission discussed the slide area prior to making its decision and reviewed the City Geologist reports. They recognized that the density was correctly calculated and conditioned the project to control the landslide (Condition 20g, Resolution SD -88 -006). After the Commission's action, the applicant's engineer deducted the slide area (.45 acre) and recalculated the density. The revised calculation still allows the three parcels, since the slide area is also one of the steepest areas on the lot. 000002 Memorandum to City Council Re: SD -88 -006, 13502 Pierce Road Including slide area Excluding .45 acre slide area Area of Lot 10.84 10.39 Slope of Lot 27.5% 26.2% AC /DU 3.5 3.37 2. A rare opportunity was missed by the Planning Commission to add about 1/4 mile of pedestrian trail which would remove walkers and bikers from Pierce Road. Comment: The General Plan (policy CI.6.5) states that the City should encourage, pedestrian trails and pathways along roadways in areas where safety and aesthetics permit. The Planning Commission addressed the issue of safety and was "reluctant to encourage foot traffic in the area due to safety hazards." They were aware that there were no paths north or south of the site along Pierce Road to connect to, and none were proposed. Furthermore, the rough terrain and the oak trees which the Commission wished to protect, discouraged construction of a path. Although there are no proposed trails located along Pierce Road on the General Plan trails map, the Commission required additional width at the bridge over Calabazas Creek to allow pedestrians and bicyclists do use Pierce Road to escape the vehicles by stepping off pavement at the creek crossing. One tree is required to be removed to accommodate the extra width. Planning Commission Considerations Over the course of two public hearings (October 12 and October 26), the Commission studied the proposed subdivision in detail. They reviewed the geologic reports and the General Plan policies and discussed the effect of the slide area on and off -site, and conditioned the project accordingly (20g). They discussed the road and bridge widening as they related to tree removal and safety. The conditions as approved require maximum preservation of the oak trees and minimal widening of Pierce Road for safety purposes. They reviewed the layout of the subdivision and set driveway and pad locations for future homes and required that all proposed homes return to the Commission for design review approval. RECOMMENDATION: Deny the appeal and affirm the decision of the Planning Commission. The Commission studied the subdivision in detail, including the issues stated in the appeal, and adopted Resolution SD -88 -006 which contains conditions to address the concerns of the appeal. Stephen Emslie Planning Director SE /kah 000003 • b Name of Appellant: Address: Telephone: Name of Applicant: Project File No.: Project Address: Project Description: i1 Date Reccd : �_ Hearing Date: Feer. CITY USE 0 APPEAL APPLICATION Decision Being Appealed: Grounds for th/ Appeal (Letter may be at P at s i ure *Please do not City offices. sign this application until it If you wish specific is presented at the appeal please list them ple on a separateesheetto be notified of this TIIT,S AP PT MUST BE 7f�IL• DIV U!• 'fI�E UClr1SI4, SUBMITTED l VTTFIIN TEN (10) CALENDAR DAYS O1' 000004 • November 5, 1988 Pierce Canyon Homeowners Assoc. 21842 Via Regina Saratoga, Ca. 95 Saratoga City Council, NOV 7 10 Appeal of Bowi a -Sav iano #SD -88 -006 CjTy OF SARATOGA CITY MANAGER'S OFFICE We appeal the decision of the Saratoga Planning Commission at their October 26, 1988 meeting for the following reasons: Re: Density policies section 2.a. of the Northwest Hillside Specific Plan. I. The slide area has not been subtracted in the density calculation.. 2. The calculation of slope shall be done for the entire parcel prior to the slope density calculation. Subtraction of as little as 0.3 acre would result in the reduction of the subdivision from three lots to two lots. F re r`v or tvn wa-a- a'l Z/ � / Signed: 6' ,� , j+��,r, �vuc , i 1 e m` h r e s. C HA Signed: eve de 5 illl PLANNING COMMISSION MEETING Page 8 OCTOBER 12, 1988 12. SD- 88406 Bowie, 13602 Pierce Road, request for approval of subdivision of approxi- mately 11 acres of undeveloped property into 3 lots. Each lot is proposed to be approximately 3.6 acres in size. The property is located on the south- east side of Pierce Road, immediately southwest of the intersection with Surrey Lane. NHR zone (northwestern hillside residential, General Plan designation RHC (residential hillside conservation. A Negative Declaration has been prepared. Continued from September 14, 1988. ------------------------------------------------------------------------------------------------------------ Commissioners Burger reported on the land use visit; Commissioner Siegfried provided additional information on the area and Pierce Rd. Planner Caldwell reviewed the Report to the Planning Commission dated October 12, 1988; she suggested Condition 7 be amended to add "...along the project frontage and submitted to the Planning Commission for approval." The Public Hearing was opened at 11:12 P.M. Mr. Ralph Saviano, Applicant, stated that he took issue with the following Conditions: Conditio c 20, 3 • Lot C was within the required pad elevation; Applicants would take care the problem on Surrey U. which entailed drainage of the hillside was corrected Condition 5. b: Placed an unreasonable burden on the Applicant since there was no under - grounding of utilities along Saratoga - Sunnyvale Rd; costs would be prohibitive. In addition, a • neighbor had an existing overhead utility pole which would interfere with the undergrounding Condition 16: Applicants did not question the need for widening the bridge; however, this project would have little or no impact on the bridge and yet they were being required to absorb the heavy costs of improvement. Applicants asked that a per lot fee be levied in lieu of the bridge widening. Mr. H.E. Hunzinker, 13929 Pierce Rd, Saratoga, commented as follows: - Cited existing traffic hazards on Pierce Rd; widening the road would cause the removal of trees Felt that this issue should be addressed at this time - Suggested a pedestrian walkway be installed to remove pedestrians from the road - Felt the slope area formula should be applied to this site; he noted the existing slide area - Noted the low areas which collected excess water; drainage of these areas must be considered Mr. Willem Kohler, Pierce Canyon Homeowners Assoc., cited his previous testimony on this project and asked that no trees be removed from this site; furthermore, he felt that if the road were widened, the incidents of speeding would be increased. Mr. Steve de Keczer, 13415 Pierce Rd., Saratoga, commented on Geologic Anal, ia as follows: - Objected to information indicating that flooding was very minimal on -site; such was incorrect. - Site was listed as not being in a flood plane; his property, only 20 ft. away was in a flood area. - Questioned whether a detailed, geologic investigation had been conducted. - Concluded with a request that no widening of Pierce Rd. be done opposite his property; he was already severely impacted by traffic hazards /accidents Asked that any flooding and/or slides be corrected before development on -site occurred Ms. Dora Grens, Old Oak Way, Saratoga, reviewed the topography and history of this area and cited existing traffic hazards. sMr. Bob Ben hle j}, 21055 Sarahills, Saratoga, called attention to his recent letter. He and his neighbors were concerned regarding the existing slide in this area and asked that such be repaired. Ms. Marge Stia went on record as being concerned about the existing slide in the area. 0 0 0 0 0 6 Mr. Kohler questioned whether the existing slide had been properly surveyed. An unidentified speaker stated that the road widening proposed was about a foot wide; he did not feel that such would impact the roadway. He asked that landscaping be trimmed back to increase sight line. He reviewed the geologic studies completed on his property. Mr. Joe Crosby, Civil Engineer, Geologist, stated that they were aware of the slide and the flood- ing problem; hey suggested lot pads be moved to alleviate the flooding condition; grading and drainage control would further alleviate this situation. He reviewed remedies for repair of the slide and added that the slide was about one -third above the property line of the site in question. Mr. de Keczer added that the slide would have to be repaired from the bottom up. Mr. H.E. Hunzinker added that an uncorrectable geologic hazard existed on this site. BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 12:15 A.M. Passed 7 -0. The City Attorney noted that the slide traversed the property line; the City could not condition the Applicant to repair the slide on the adjacent property. The question put to William Cotton Assoc. was whether the development in any manner aggravated or activates the slide and the answer was no; would the development in any way be jeopardized by the slide and the answer was no. Commissioner Harris noted thatthe improvement widening the road and bridge could create more hazards, namely, the illusion of a safe road; the narrow bridge served as a safety factor since cars were required to slow down. She was reluctant to encourage foot traffic in the area due to safety hazards. The City Attorney responded that safety was not created.by maintaining an unsafe condi- tion; roads must be improved at some point. Commissioner Burger commented as follows: - Piecemeal road improvements were of concern; a minimal bridge widening would be acceptable - Questioned undergrounding utilities and suggested a deferred improvement agreement - Agreed that the slope should be shaved to increase the sight distance • Commissioner Siegfried commented as follows: - Agreed that a deferred improvement agreement was desirable - The recommended road improvement of approximately one -half to a foot in width would not significantly impact the trees nor change the character of Pierce Rd Some widening of the bridge was required; suggested a Study Session be held on this issue Questioned the argument that a repairable landslide would not be corrected because a portion of such was on an adjacent property owners site - Shaving the slope and removal of the underbrush was required to clear the sight line Commissioner Kolstad fully concurred with Commissioner Siegfried's comments. Chairperson Guch commented as follows: Felt the bridge should be widened since the opportunity presented itself - Did not object to the Applicant's proposal to leave the house as sited and relocate the driveway on Lot C - Agreed that the slope should be shaved to increase the sight line Was favorable to a deferred improvement agreement Suggested that the road improvements be further considered at a Study Session Planner Caldwell stated that the above issues could be addressed in the Conditions; the item requir- ing additional information (slides on the site) was contained in the geologic reports; Staff would present information at the October 26th Meeting, without a Study Session. 000007 a PLANNING COMMISSION MEETING Page 6 OCTOBER 26, 1988 PUBLIC HEARINGS Continued Chairperson Ouch noted the grave concerns regarding project density and the flexibility allowed in the Conceptual Design Approval to permit the Applicants to creatively address this concern. Break: 9:35 -9:55 P.M. 9 SD488 -006 Bowie, 13602 Pierce Road, request for approval of subdivision of approximately 11 acres of undeveloped property into 3 lots. Each lot is proposed to be approximately 3.6 acres in size. The property is located on the southeast side of Pierce Road, immediately southwest of the intersection with Surrey Lane. NHR zone (northwestern hillside residential), General Plan designation RHC (residential hillside conservation.) A Negative Declaration has been prepared. Continued from October 12, 1988. Planner Caldwell reviewed the Report to the Planning Commission dated October 26, 1988.. The City Attorney suggested Condition 20 be amended to add "g. Perform work to stabilize landslide areas on -site as recommended or approved by the City Geologist." The City Engineer cited the letter of Wm. Cotton Associates, Aulttst 26, 1988, and suggested that if Conditions were amended, the City Geologist's wording 'landslide control measures"I be incorporated. The City Attorney noted the implications of the slide area which extended over property lines; he suggested that language be added that the Applicant shall exert a good faith effort to negotiate an agreement with neighboring property owners for repair of the slide. The Public Hearing was opened at 10:05 P.M Mr. Ralph Saviano, Applicant, reiterated testimony given October 12, 1988 and added that the landslide involved throe property owners; he did not object to paying his fair share of repair costs. He added that widening the road would result in pedestrians /cyclists stopping in the area adjacent • to his property since it would be the only resting place for several miles. The City Attorney responded that a Condition could be imposed requiring the Applicant to grant an access easement to adjoining property owners, if necessary, to facilitate repair the slide. The Applicant had no objection to such a Condition. f Mr. Willem Kohler, Pierce Canyon Homeowners Association, stated that the slide on -site had not been subtracted from the topographic area prior to site calculations; there was an active landslide on this Property. In response to Chairperson Guch, he stated that the Homeowners Association would accept a widening of the bridge and would be favorable to separate pedestrian/ cyclist path. Mr. Steve de Keczer, 13415 Pierce Rd., reviewed his letter of October 23, 1988; he objected to allowing the maximum density on this site. Mr. Robert Binkley, Civil Engineer, cited his recent letter of October 25, 1988; he felt it would be appropriate for the stabilization and/or repair of the slide to begin on the Applicant's property. W. Kohler reiterated concerns raised above. Mr. de Keczer reiterated comments stated above. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 10:35 P.M. Passed 6 -0. Commissioner Burger asked to see some widening of the bridge and noted the loss of an Oak tree. the City Engineer responded that the Oak was heavily eroded and undermined by the Creek. He presented engineered drawings for widening the bridge and road improvements. Chairperson Guch and Commission Harris had concerns regarding the widening of Pierce Rd. Commissioner Siegfried noted that the opportunity presented itself to improve /widen the bridge. Chairperson Guch favored a separate pedestrian pathway; she cited the safety of such. Planner Caldwell reviewed standard street widths from the Subdivision Ordinance; a 26 ft. wide bridge with a 4 ft. separate pedestrian pathway would meet minimum standards of the Ordinance. 11111'1 s PLANNING COMMISSION MEETING OCTOBER 26,1988 PUBLIC HEARINGS Continued Page 7 Commissioner Siegfried suggested approval of the Application with the following amendments: - Half street widened to 13 ft. width with no tree removal without approval of the Commission - Bridge widened to 26 ft. with a separate pedestrian pathway Landslide area be stabilized allowing adjacent property owners access to the Applicant's pro- perty to facilitate such work Planner Caldwell confirmed that Lot C had a 423 pad elevation. SIEGFRIEDBURGER MOVED TO GRANT A NEGATIVE DECLARATION. Passed 6 -0. SIEGFRIEDBURGER MOVED APPROVAL OF SD-88 -006 PER THE MODEL RESOLUTION AMENDING CONDITIONS TO REQUIRE THAT THE HALF STREET BE WIDENED TO 13 FT. WIDTH WITH NO TREE REMOVAL WITHOUT APPROVAL OF THE COMMISSION, BRIDGE TO BE WIDENED TO 26 FT. WITH A SEPARATE PEDESTRIAN PATHWAY, LANDSLIDE AREA TO BE STABILIZED ALLOWING ADJACENT PROPERTY OWNERS ACCESS TO THE APPLICANT'S PROPERTY TO FACILITATE SUCH WORK Passed 6 -0. .j 000009 • r of • REPORT TO THE PLANNING COMMISSION FROM: Kathryn Caldwell DATE: 10/26/88 PLNQ DIR. APPRV.� APPLICATION NO. & LOCATION: SD -88 -006 • 13502 Pierce Rd. APPLICANT /OWNER: Saviano /Bowie APN: 503 -15 -066 Q N V 000010 PLANNER'S WORKSHEET Trails and pathways map checked -7vicinity/locator map included Dimensions shown on plot plan /Adjacent structures /Directional arrow Trees labelled 'Plans reflect field conditions t!LkHeights shown on cross sections t- IIAConsistency between elevations, cross sections & floor plans _LL}Natural and finished grade on cross sections Height of underfloor & attic areas included in floor area calculations t4A Roof pitch shown `/All sheets included ,in submittal with required reductions • t""IAColors submitted Staff Reports conditions from other agencies /department correct 'Consistent figures throughout report History files examined Correct address & application number on all pages of the report 'Description consistent with advertisement /Plans labelled /Order of attachment consistent with list All attachments included Typographical errors corrected ✓ Dates on the resolutions correct Applicant notified of recommendation SApplicant notified that staff report available Fri. 3 -4:00 P .m. A:checklist 000011 6/88 • • to ugu'ff @2 0&MZ1zQ)S& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: Planning Commission DATE: 10/26/88 FROM: Kathryn Caldwell, Associate Planner SUBJECT: SD -88 -006, 13502 Pierce Road - 3 lot subdivision BACKGROUND: At the meeting on October 12, 1988, the Planning Commission requested further information and clarification in the areas of traffic and circulation and geology. The City Engineer will be present at the meeting on October 26, 1988, to discuss the issues with the Commission. Traffic /Circulation - The subdivision conditions will produce an engineered improvement plan showing Pierce Road widened to 26 feet throughout the length of the subdivision. The plan will show a range of 0 -8 feet of widening, with an average widening of 2.7 feet. All trees will be plotted and the improvement plan will be .submitted to the Commission for final approval, before the final map can be filed. The developer will be required to widen half of Pierce Road, to provide 13 ft. of pavement between the centerline and the edge of pavement on the applicant's site. The applicant has indicated that the bank can be laid back in two (2) areas to provide more visibility down Pierce Road. Condition #32 on Resolution SD -88 -006 address this issue. Bridge Widening - Condition #26 requires replacement of the bridge over Calabasas Creek to a full 26 foot width and a 4 foot pedestrian way. This new bridge will be part of the improvement plans submitted to the City. South of the property another bridge crossing Calabasas Creek will be replaced through a condition on the Teerlink Subdivision. The effect of the " Teerlink" bridge is to "soften" the turn to improve the safety on Pierce Road. Pedestrian Paths - The only area where pedestrian access is being proposed is across the bridge. Elsewhere along the project frontage no pedestrian access is proposed. North and south of the site along Pierce Road there are no paths to connect to and none are proposed. Underground Utilities - Presently there are no underground 1 000012 utilities on Pierce Road and the applicant requests that he be excused from the requirement. Staff agrees that a deferred improvement agreement is adequate at this time. Condition #33 t addresses this issue. Geology - Reference was made to the Northwestern Hillside Specific Plan (incorporated into the General Plan) with regard to the landslide on proposed lot A. The concern was that the lot should not be developed, due to geologic constraints. The documentation relative to this specific property, however, does not prohibit the subdivision: 1) The General Plan policies (NH Specific Plan) called for an action program to "Design and /or revise ordinances to carry out the, above policies for entire Specific Plan Area" (pg. 11). Following adopting of the General Plan, the NHR zoning regulations were approved,. to implement the Specific Plan (Section 15- 14.010(e)]. Among other things, the NHR zone references the "Ground Movement Potential Maps, as adopted by the City in Section 16- 65.020" (Building Codes) and requires geologic and soils reports for any development. 2) The Ground Movement Potential Map shows the site to be classified Sun, Ps, and Sbr. In accord with City Code, the City Geologist has reviewed geologic and soils reports prepared for the subdivision and recommends "geologic and geotechnical approval of the proposed building sites" even though the measures "do not constitute a full repair or a complete . stabilization of the active landslide." Essentially, the location of the lot lines does not affect the stability of the slope. The building sites are logically placed on the flatter areas of the lots, close to Pierce Road. The measures "are designed to control the future behavior of the landslide, therefore, the future owners.of Lot A and the upslope neighbors will have to coexist with the landslide." (William Cotton dated 9/15/88). RECOMMENDATION: Approve the project by approving the Negative Declaration and Resolution SD -88 -006. The applicant will improve Pierce Road to minimum safety standards and stabilize the earth on his property. Attachments: 1) Resolution SD -88 -006 2) Negative Declaration 3) General Plan Policies RE: NHR 4) Ground Movement Potential Map 5) Letter from William Cotton 6) Staff report to Planning Commission dated 10/12/88 41 2 000013 RESOLUTION NO. SD -88 -006 RESOLUTION APPROVING TENTATIVE MAP OF AP _ N# 503 -15 001 SAVIANO /BOWIE, Pierce 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 ma approval all as more particularly set forth in File No. SD- 88- 006of this oCit lots, WHEREAS Y� and . this Advisory Agency hereb subdivision, together with the Y finds that the proposed r is consistent with the Saratoga GeneralsPlan and withgalln specific plat' relating thereto, and the proposed subdivision and land use Ps Compatible with the objectives, policies and general land use and p in such General Plan, reference to the Staff Report dated 10/12/88 hereby made for further particulars, and being WHEREAS, this body has heretofor received and considered the Categorical Exemption prepared for this currently applicable provisions of CEQA, and Project in accord with the WHEREAS, none of the conditions set forth in Subsections (g) of Government Code Section 66474 exist with respect, to through subdivision, and tentative approval should be granted in accord conditions as hereinafter set forth. with • WHEREAS, the Planning Commission has conducted a duly noticed hearing at which time all interested parties were Public to be heard and to present evidence; given a full. opportunity NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 14th day f March, 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. Pay Storm Drainage Fee in effect at the Map Approval. time of obtaining Final 2. Submit "Parcel Map" to City for checking and recordation and pa required fees. y 3• Submit "Irrevocable Offer of Dedication" to provide for a 30 ft. half street on Pierce Road. 4• Submit "Irrevocable Offer of Dedication" to required. provide easements, as 5. Improve Pierce Road to City Standards, including the following: a. Designed Structural Section widened from existing edge of aveme to provide at least 13 ft. between centerline and flowline nt except that removal of ordinance size trees shall be by permit 000014 SD -88 -006; 13502 Pierce Road only from the Planning Commission. 0 6. Construct Storm Drainage System, as shown on the "Master Drainage Plan" and as directed by the City Engineer, to convey storm runoff to street, storm sewer or watercourse, including the following: a. storm sewer trunks with necessary manholes. b. storm sewer laterals with necessary manholes. c. storm drain inlets, outlets, channels, etc. 7. Submit engineered plans for 26 ft. full width improvements to Pierce Road along project frontage to City Engineer for review and to the Planning Commission for approval. Trees shall be accurately plotted on the plans. 8. Construct driveway approach 16 feet wide at property line flared to 24 feet at street paving. Use 2 1/2 in. A.C. on 6 in. aggregate base. 9. Construct "valley gutter" across driveway or pipe under driveway as approved by City Engineer. 10. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. 11. Watercourses must be kept free of obstacles which will change, • retard or prevent flow. 12. Protective planting required on roadside cuts and fills. 13. Engineered Improvement Plans required for: a. street improvements. b. storm drain construction. c. bridge replacement 14. Pay Plan Check and Inspection Fees as determined from Improvement Plans. 15. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving final approval. 16. Replace bridge over Calabazas Creek at Chalet Clotilde Drive. New bridge to have 26 foot wide travel section and 4 ft. pedestrian way. One tree can be removed. 17. Fire hydrants: Developer shall intall 2 fire hydrants that meet the fire district specifications. Hydrants shall be installed and accepted prior to construction of any building final map approval. 18. Driveways: All driveways have a 14 -foot minimum width plus one foot shoulders. 0 SD -88 -006; 13502 Pierce Road a. Slopes from 0% to 11% shall use a double seal coat of o & S or better on a 611 aggregate base from a, public street to the proposed dwelling. b. Slopes from lit to 15% shall be surfaced using 2 1/2" of A. C. or better on 6" aggregate base from a public street to proposed dwelling. C. Slopes form 15% to 17$ shall be surfaced using a 4" PCC concrete rough surfaced on 4" aggregate base from a public street to proposed dwelling. d. Curves: Driveway shall have a minimum inside radius of 21 feet. 19. Submit a geotechnical investigation and soils report by licensed professional. 20. Submit detailed on -site improvement plans showing: a. Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities) b. Drainage details (conduit type, slope, outfall, location, etc.) c. Retaining structures including design by A.I.A. or R.C.E. for • walls 3 feet or higher. d. All existing structures with notes as to remain or be removed. e. Erosion Control Measures f. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. g. Perform necessary work to control the landslide areas on the site as recommended by the City Geologist and grant a license to adjacent property owners to enter the property for purposes of landslide control. 21. A sanitary sewer connection will be required. 22. Domestic water shall be supplied by San Jose Water Company. 23. The subject property shall be annexed to the Cupertino Sanitary District prior to final map approval. 24. Prior to final map approval, the applicant shall dedicate additional easements as required by the Santa Clara Valley Water District. 25. Details for any storm drain outfall into the creek should comply with Santa Clara Valley Water District specifications. 000016 SD -88 -006; 13502 Pierce Road 26. In accordance with Santa Clara Valley Water District Ordinance 85 -� and 87 -3, the owner should show any existing well(s) on the plans. The well(s) should be properly registered with the District and either maintained or abandoned in accordance with District standards. Abandoned wells shall be sealed in accordance with District standards unless they are to be used for the proposed development. 27. Improvement plans for` any work in the vicinity of Santa Clara Valley Water District's right -of -way should be reviewed and a permit issued prior to start of site construction. 28. Planning Commission design review approval is required for future homes on Lots A, B, and C. 29. Tree removal is prohibited unless in accordance with Article 15 -50. 30. The finished pad elevations for the future homes on the three lots shall be approximately as follows: Lot A - 423 Lot B - 428 Lot C - 432 31. Install storm drain line from the existing culvert on lot A under Pierce Road to the satisfaction of the City Engineer. . 32. Driveway on Lot C to be a minimum of 50 ft. from Surrey Lane and hillside cut back to provide adequate site distance down Pierce Road, as approved by the City Engineer. The bank along the inside of the curve on Lot B, shall also be cut back to improve site distance on Pierce Road, as approved by the City Engineer. 33. Deferred improvement agreement required for underground overhead utilities. 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, St! of California, this 26th day of October, 1988 by the following vote: 000017 f 0 SD -88 -006; 13502 Pierce Road AYES: Commissioners Guch, Harris, Siegfried, Tappan, Kolstad, Burger NOES: None ABSENT: Tucker ATTEST: —Lglo�n Atelk 1144 Chairman, Planning ommission Secretary, Planing Commission The foregoing conditions are hereby accepted Signature of Applicant Date S of Own&k Lid w) OIL- 6 D &te t It EXH i f �ADEPO AYE eat .4— 64- IIIIIA­ IAAAPWV� u w_, ".— . (_)11Mt1 1 ; p �� r. A M A"I MIA AI­ a IAIMI►_ .nIII,IIA­IAw SIIII- .fir CKALEI 1p '010 00 00, '17 P a. <a . moo- Z 0 !L W-M, 4 > M . 0 w " ir • Z w z & iL 810-3 9 uw tero S 1 � &_ Action Program 1. Establish a legal format for accepting open space ease- go ments and provide a means for maintaining the open space easements. 2. Revise the Zoning Ordinance to conform to these policies. 3. Implement agricultural zoning where appropriate to preserve open space. LAND MAINTENANCE Policies 1. Benefit of residential land use in the hills falls to hillside residents and to them should fall any extra- ordinary costs for maintenance of the lands and features other than City and Utility services. Action Program 1. Consider an ordinance and procedural requirements which ensure residents of hillside subdivisions pay the extraordinary cost of maintenance of all non - public facilities. Private maintenance agreements, enforceable by the City without extraordinary public costs should be developed and included in CC$R's. 2. Consider use of orders of abatement pursuant to police powers to ensure private maintenance of drainage and grading improvements (i.e. Weed Abatement Ordinance). GEOLOGY AND SOILS Policies 1. Geologic hazards should be avoided to the fullest extent possible by either correction or dedications of such areas into open space. In avoiding geologic hazards, applications proposing structures be located on lands designated Md or Mrf or within the specific fault setbacks as designated by the City Geologist, shall not be approved. 0000400 10 2. Every applicant seeking approval of any construction project within the Specific Plan Area shall at all times have the burden of providing, to the satisfaction of the City and its Geologist and other professional consultants, that the proposed development will be constructed in such manner as to be safe from known or reasonably predictable geologic hazards which may cause injury to persons or property. 3. The Geologic Hazards Analysis of the Upper Calabazas Creek watershed is a planning document which may require modification. 4. No deviations or modifications of the Maps shall be permitted without prior written approval of the City Geologist. S. In locating building sites, preference should be given to areas designated as stable (Sbr, Sls, Sun, Sex) on the Ground Movement Potential Maps: Especially sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (his) shall not be approved unless geologic and soils engineering analysis and design provided by the develop clearly demonstrate the long -term stability of such sit* to the satisfaction of the City, its Geologist and other professional consultants. 6. On questionable sites the City Geologist may require slope stability analysis with the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of a designed earthquake of magnitude 8.3 on the San Andreas Fault. The City Geologist shall review and approve all proposals to insure conformance with this requirement. 7. The City, Santa Clara Valley Water District, Evergreen Resource Conservation District and Santa Clara County should immediately commence proceedings with the land - owners for the stabilization of the abandoned quarry areas on the Paul Masson Vineyard and Cocciardi properties as well as other erosion reduction activities. 8. If grading proposed for a project, as specifically approved by the Planning Commission, City Geologist and City Engineer, corrects a geologic hazard, then roads, driveways and structures may be located on such graded areas as approved. 000021 11 9. Projects or portions thereof that re maintenance activity over the that quire a high level of failures should generally not long-term to prevent slope ability to perform or enforce performance ofnmainte City s is limited. tions that minimizetriskl�n should maintenance principally use solu- private structures in the event of failure. or 10. City should continue to strictly enforce its Ordinance through the Cit Grading Inspection Services and control �ofsal and Department of engineer and geologist on all projects in hillsides• by Soil Action Program I. Design and /or revise Ordinances to carry Policies for entire Specific Plan Area, out the above HYDROLOGY AND FLOODING Policies • I. For site specific policies, see Site and Storm Drainage. 2, continuenall' availaing Commission and City flooding and erosion v iable efforts alonsecure emedyftohould and in already developed areas, g the main Calabazas 3• Long -term maintenance of size than would natural watercourses of smaller District juirsdictionfshouldsbetb Clara Valle ! areas using y homeowners in dater g private resources and with City in tributary approval of any proposed improvements or a review and 4• Continue maintenance. (and expand to include the Specific Plan Area pro -rata share fees for drainage, insurin large enough to pay all osts of c g that the to eliminate flooding at the 100 necessary s are y facilitie 5• Recommend continuing support of long-term storm level. hydrology of area. study of Action Program 1• Work with the Santa Clara Valley Water District appropriate procedures for the above policies. to develop s 000022 ENE 1 v. � mill OWE �'"� 0 W-.MA Rey to Map 2 AREAS OF RELATIVELY STABLE GROUND Sbr - level ground with moderately steep slopes underlain by bedrock within several feet of the cover may ground surface. Soil or alluvial Y be subject to settlement. shallow sliding, soil creep, or Sls - gentle to moderately steep slopes underlain by stabilized old landslide debris. Subject to local soil naturall and settlement. Sun Level ground and gentle slo es unconsolidated granular p underlain by thick soil creep. Li material. Subject to settlement and quefaction possible in low areas during strong earthquakes. Stream erosion may trigger shallow landslides Along creek banks. Sff - Large areas of relatively stable artificial fill on flat or gently sloping ground or in canyon bottoms. to localized settlement where - placement might not Sub havet met engineering specifications. • Sex - Generally highly expansive, clay-rich Subject to seasonal shrink- swel, s °ils and bedrock. settlement. May include areas of non- xpansivelmaterial and may also occur within other map units. AREAS OF POTENTIALLY UNSTABLE ROUND Pmw - Steep to very steep slopes underlain by weathered, fractured bedrock, subject to mass wasting by soil creep, slumping and rockfall activity. Pfs - Ps IT-] LI Large areas of potentially unstable artificial fill on moderately steep to steep ground. Subject to localized settlement, landsliding, and debris flow activity where placement might not have met engineering standards. - Gentle to moderately steep slopes underlain b unstable material including landslide debris, colluviumtivand weak bedrock. Commonly less than 10 feet thi to shallow landsliding and soil creep activityck. Susceptible - Moderately steep to very steep slopes underlain by or adjacent to relatively unstable landslide debris, commonly more than 10 feet thick. Susceptible to deep landsliding. FIII Il Pdf - Steep to very steep terrain mantled with thick soil s colluvium, and landslide debris susceptible to debris flows Includes flows and depositional areas on flatter slopes below. AREAS OF UNSTABLE GROUND Ms - Moving shallow landslides, commonly less than 10 feet thick. Md - Moving deep landslides, more than 10 feet thick. Mrf - Moving deep landslides, more than 100 feet thick, exposed in high, oversteepened slopes, subject to large -scale sloughing, slumping and possibly catastrophic rock falls. AREAS OF POTENTIAL SURFACE FAULTING Psf - Zone of potential surface faulting and associated ground displacement within 100 feet of a trace of the Berrocal Fault or within 200 feet of a trace of the Shannon Fault. 000025 10 �J s William Cc. and Associates GL tCNNICAL COW' `N f3 0 n 330 Village Lane Los Gatos, Cali' 030 (408) 354 -5542 September 15, 1988 S1038C TO: Kathryn Caldwell, Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Addendum to Geologic and Geotechnical Review RE: Saviano Subdivision Pierce Road, APN 503- 15-001 We have prepared this supplemental discussion to clarify our conclusions and recommendations regarding the proposed subdivision. In our previous review report (August 26, 1988), we noted that an existing active landslide is located within the southeastern ' portion of Lot A. This landslide also extends upslope onto two adjacent parcels. The proposed building area on Lot A has been located to avoid the path of any additional movement of the active landslide. Drainage and grading measures have been proposed to improve the stability of the landslide on Lot A. While these measures are a positive step to increase the • stability of the slope on which the landslide is situated, they do not constitute a full repair or a complete stabilization of the active landslide. They are designed to control the future behavior of the landslide, therefore, the future owners of Lot A and the upslope neighbors will have to coexist with the landslide. The proposed landslide control measures should not have a negative impact on slope stability. In our opinion, the geologic and geotechnical feasibility of the proposed residential building sites have been adequately demonstrated by the project geotechnical consultant. We recommend geologic and geotechnical approval of the proposed building sites. matter. Please contact our office if we can be of any additional assistance in this Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton ,tECEIyE� Town Geotechnical Consultant CEG 882p r, jg88 WRC:TS:mjs PLANNING DEPT s ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOLINDATOwtERING I V IWilliam Cot.in and Associates s • lb GEOTECHNICAL CONW ,TS 330 Village Lane Los Gatos, California 95030 (408) 354 -5542 August 26, 1988 S1038B TO: Bob Calkins, Assistant Planner CITY OF SARATOGA AECEIVE0 13777 Fruitvale Avenue Saratoga, California 95070 AUG 2 J 1989 SUBJECT: Second Supplemental Geologic and Geotechnical Review PLANN/NG DEPT RE: Saviano Subdivision, 3 Lots Pierce Road, APN 503 -15 -001 At your request, we have completed a supplemental geologic and geotechnical review of the proposed subdivision using: • Report on Geologic Investigation prepared by Jo Crosby and Associates, dated July 14,1988; • Geotechnical Investigation (report) prepared by Snyder and Associates, dated May 27,1988; • Additonal Geologic Field Exploration (letter) prepared by Jo Crosby and Associates, dated August 9,1988; and • Geologic Cross - Section B -B' prepared by Jo Crosby and Associates, dated August 17,1988. In addition, we have reviewed pertinent technical documents from our office files. The applicant proposes to subdivide the subject property into three lots for residential development. In our previous review report (June 15, 1988), we recommended that a detailed geotechnical investigation be prepared by a Geotechnical Engineer and Engineering Geologist. Our primary concerns about the proposed development relate to the potential for continued slope instability. An existing active landslide is located in the southeastern portion of Lot A. This landslide also extends upslope onto two adjacent properties. The referenced geologic and geotechnical investigations indicate that residential development of the subject property is constrained by highly expansive surficial materials, unstable landslide debris, shallow groundwater, weak foundation conditions and potential inundation by flood waters. The project engineering geologist has recommended that building pads for Lot A and Lot B be elevated to 000027 ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING Bob Calkins August 2, 1988 Page 2 reduce the potential for inundation. Potential flood hazards should be mitigated to the satisfaction of the City Engineer. The City, applicant, upslope property owners, and potential future lot owners should be made aware that the active landslide on Lot A remains in a failure condition despite the drainage and grading measures which are proposed to improve the stability of the slope on which the landslide is situated. The proposed building area on Lot A has recently been relocated to avoid the path . of any additional movement of the active landslide. However, a moderate to high potential exists for adverse impacts to existing structures located upslope and /or to property values in the event of increased levels of landslide activity. The proposed residential development of Lot A raises liability concerns which should be given careful consideration by the City and all potentially involved property owners. The project engineering geologist has concluded that slope failure may migrate into the underlying soils which support the existing residence located directly above the active landslide on Lot A (i.e., APN 503 -53 -059). The upslope neighbor should be informed of the conclusions reached by the referenced geologic investigation. The extent of developmental constraints on the subject property necessitates detailed geologic and geotechnical investigations to fully characterize potential hazards and to develop appropriate- mitigation measures. Based on our review of the . referenced documents, it appears that sufficient investigation has been completed to demonstrate the geotechnical feasibility of residential construction within the proposed building envelopes. However, additional geotechnical evaluations and design recommendations are needed prior to issuance of building permits on individual lots. Liability issues associated with potential future movement of the active landslide located primarily on Lot A, should be reviewed by the City Attorney prior to subdivision approval. Measures to mitigate potential flooding should meet with the approval of the City Engineer. From a geotechnical standpoint, we recommend approval of the Tentative Map with the following conditions: 1. Liability Evaluation - The City Attorney should review liability issues associated with City acceptance of the proposed subdivision and residential development of Lot A. While the proposed building envelope on Lot A has been located to avoid the path of potential lanslide activity, existing upslope structures and /or property values may be adversely impacted by continued landslide activity. 2. Evaluation of Flood Mitigation Measures - Elevation of the buiding pads on Lots A and B have been recomended to reduce the potential for inundation. Potential flood hazards should be mitigated to the satisfaction of the City Engineer. The liability evaluation and review of proposed flood mitigation measures should be completed prior to subdivision approval by the City. Please contact our office if any additional information is needed in regard to these matters. 000028 William Cotton and Associates f Bob Calkins August 2, 1988 Page 3 We recommend that the following supplemental geotechnical evaluations be satifactorily completed prior to issuance of site development or building permits on individual lots: Lot A - Detailed geotechnical design recommendations and plans should be prepared for proposed surface and subsurface drainage improvements associated with the active landslide. Additional plans should be prepared to illustrate: 1) proposed regrading of the toe of the slide, and 2) grading to direct any future slide debris away from proposed structures. Recommended geotechnical design criteria for foundations and proposed residential improvements should be clarified for the revised building site location. Lot B - The project engineering geologist should evaluate the potential for adverse impacts to the proposed residense from debris flows. Appropriate mitigation measures should be proposed if necessary. An elevated building pad has been recommended to reduce the chance of inundation. Recommended geotechnical design criteria for foudations and proposed residential improvements should be clarified for the elevated building pad. Lot C - The project engineering geologist should evaluate the long- term stability of the dormant landslide deposit indicated on the City Geologic Map. Any adverse impacts of potential slope instability in this area should be addressed. Recommendations to provide positive site drainage should also be prepared. The results of these supplemental evaluations and detailed development plans should be submitted to the City for review and approval by the City Geologist and Engineer prior to issuance of site development or building permits on individual lots. Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton City Geologist CEG 882 WRC:TS s 000028 William Cotton and Associates f • 1 File No. SD -86 -006; 13502 Pierce Road EXECUTIVE SUMMARRy CASE HISTORY: Application filed: 3/14/88 Application complete: 9/15/88 Notice published: 9/28/88 Mailing completed: 9/29/88 Posting completed: 9/8/88 /o�ial86 PROJECT DESCRIPTION: Pursuant to City Code Sections 14 -20. 15- 14.050, the applicant is requesting tentative ma approval 070 and 3 -lot subdivision of a 10.8 acre lot located in R z a district. zone PROJECT DISCUSSION: The project is consistent with the City's General Plan and zoning code regulations. The City Geologist has reviewed the proposal and other pertinent technical documents and has recommended approval subject to conditions. No adverse environmental impacts are expected. Planning Commission design review approval is recommended for the future homes on the 3 lots as set forth in the conditions for tentative map approval. STAFF RECOMMENDATION: Approve the project by approving. the Negative Declaration and by adopting Resolution SD -88 -006. ATTACHMENTS: 1. Staff Analysis 2. Negative Declaration 3. Resolution SD -88 -006 4. Letter from applicant 5. Correspondence 6. Plans, Exhibit A BC /kah and Initial Study dated 8/8/88 with Appendix A 1 0000�:o SD -88 -006; 13502 Pierce Road STAFF ANALYSIS ZON_ ING' NHR GENERAL PLAN DESIGNATION: Hillside Conservation Lot A Lot B Lot C LARCEL SIZE: 3.6 ac. 3.6 ac. 3.6 ac. AVER SITE SLOPE: 32$ 28$ 23$ MINIMUM LOT SIZE per slope density formula): "1 3.57 acres A. PRO_ E_CT DESCRIPTION The applicant is proposing to subdivide a 10.8 acre 3 lots for residential development (i.e. three single into homes). The subject q family Road and southwest of Sproperty is located southeast of Pierce to very steep and t of rY Lane and is characterized by level • and valley floor topography. recipitous northwest- facing hillside A large northwest - trending ridge traverses the central portion of the including Property. Dense vegetation g large ordinance size oak and black walnut found throughout the site. trees are The Calabazas Creek traverses the southwest corner of what is proposed as Lot A. Lot A is proposed in the western portion of the property. The proposed building envelope is located in the topographically low central portion of the lot. Portion of the 10.8 acres. Lot B is located in the central lot is located in the site for this northwestern termination of the existin the located in the northeastern portion of the pr pert' Lot C is y. A building envelope is located in the extreme the osed Of the lot on a gently sloping ridge. According to the City Geologist, the this site is potentially constrained by: propossiodevelopment of resulting from both active P instability remobilization of old and dormant landslide deposits, and potential drainage conditions lids deposits, 2) adverse materials and 4 3) Potentially expansive surficial the site's seismic setting. B. Analysis Consistency with General Plan and Zoning Ordinance - The subject 2 000031 SD -88 -006; 13502 Pierce Road property is within Planning Area B as defined in the General Plan. The City has adopted specific guidelines for Aea B development including the following: "all development of vacant sites within this area (Area B) shall be limited to single family detached residential and conform to the density of the surrounding residential area." Staff believes that the applicant's proposal is consistent with the above development guideline in that the plan complies with the City's slope /density formula. Given the site's total area (10.8 acres) and average slope (27.5$), according to the City's slope /density formula, the average acres per dwelling unit for the subject lot is 3.57. The applicant's plan calls for a density that is slightly lower than the maximum permitted density and therefore complies with the City's slope density formula. In addition, staff believes the proposal conforms to the density of the surrounding residential area in that the, immediate vicinity is characterized by lots which are 1+ acres in size. The applicant has proposed lots which are a minimum of 3.6 acres in area. In addition to the applicant's proposal being consistent with the City's General Plan, the applicant's proposal is also consistent with the City's zoning ordinance. For example, City Code section 15- 14.080, sets forth minimum site frontage, width and depth requirements for lots in the NHR zone district. Th table below illustrates that, in each case, the applicant's proposal far exceeds the minimum lot requirements with regards to frontage, width and depth: C. Geologic Analysis One of the purposes contained in Article 15 -14, Northwestern Hillsides Residential District, is to prevent development that would be subject to significant uncorrectable geotechnical or flood hazards. Given the topography of site, the threat of flooding is very minimal.. In fact, according to the National Flood Insurance Flood Hazard Maps, the subject site is not within any recognized flood area. However, as stated above, the City Geologist has identified several potential development constraints including active landslides, adverse drainage conditions, and the site's overall seismic setting. The City Geologist has performed a very detailed geologic and geotechnical investigation of the property and has concluded that "the geologic and geotechnical feasibility of the proposed residential building sites have been adequately demonstrated by 3 000032 Frontage Width Depth Lot A 700 ft. 880 ft. 240 ft. Lot B 250 ft. 235 ft. 700 ft. Lot C 550 ft. 450 t. 360 ft. Required 80 ft. 100 ft. 150 ft. C. Geologic Analysis One of the purposes contained in Article 15 -14, Northwestern Hillsides Residential District, is to prevent development that would be subject to significant uncorrectable geotechnical or flood hazards. Given the topography of site, the threat of flooding is very minimal.. In fact, according to the National Flood Insurance Flood Hazard Maps, the subject site is not within any recognized flood area. However, as stated above, the City Geologist has identified several potential development constraints including active landslides, adverse drainage conditions, and the site's overall seismic setting. The City Geologist has performed a very detailed geologic and geotechnical investigation of the property and has concluded that "the geologic and geotechnical feasibility of the proposed residential building sites have been adequately demonstrated by 3 000032 SD -88 -006; 13502 Pierce Road the project's geotechnical consultant." Consequently, the City Geologist has recommended approval of the project subject to conditions. D. Applicant's Response to Proposed Conditions Prior to the final preparation of this report, the applicant was provided with the proposed conditions of approval,requiring minimal improvement for a two lane throughfare per the subdivision ordinance. The applicant submitted a letter (enclosed, dated 8/8/88) arguing that several of the proposed conditions were "inappropriate." Specifically, the applicant stated that the requirement to widen Pierce Road and the bridge over Calabazas Creek to 20 ft. between the centerline and flowline would result in the removal of a significant number of mature trees. The applicant stated that removal of these trees would have a disastrous visual impact on the area by exposing the future homes to the surrounding neighbors. At the request of the staff, the applicant tagged the trees that would have to be removed in order to accommodate the widening. After assessing the impact, the condition was modified to require 13 feet of width between the centerline and flowline and no tree removal without permission. from the Planning Commission. The General Plan and subdivision ordinance have pertinent information relating to Pierce Road, General Plan guidelines for "Area A - Mt. Eden Road," adjacent to Planning Area B in which the site is located, states that "Pierce Road shall not be altered in any way that would change its rural character except for alterations needed for public safety... 11 (guideline #1, pg. 4- 2). Guideline #2 states "Removal (of oak trees] shall be limited to that required for public safety ..." The subdivision ordinance mandates a minimum 40 ft. pavement width for a two lane throughfare. Pierce Road is an arterial street and has a history of accidents and conflict with bicycles. Forty feet of pavement would allow bicycle and pedestrian lanes and provide for public safety. However, a significant number of trees would have to be removed (see Appendix A, provided by the applicant). The minimum improvement that could be considered per the subdivision. ordinance, would be for a hillside street with 26 ft. of pavement. With this modification, one (1) 36 inch oak ( #31 on Appendix A) will have to be removed, west of the bridge across Calabazas Creek in front of lot A. The remainder of the road widening might be confined to the opposite side of Pierce. Road between the bridge and the western edge of the subject property. Trees #28 -30 and #32 on Appendix A can be preserved. However, the Planning Commission should be aware that the 13 ft. road width only provides for a travel lane without bicycle /pedestrian pathsr. s 000033 4 9 00) SD -88 -006, 13502 OPierce Road E. Access to Lot C The driveway, as distance to make Road safely. In driveway to Surrey recommends the bui show the pad at westerly portion Resolution SD -88 -0 shown, is haza a left turn o addition, Lane will cau lding site be 410 elevatio of the lot. 06 addresses rdous. There is i ut of the driveway the proximity of se conflicting mov relocated on the p n which is locate .Conditions #30 this situation. nadequate site onto Pierce the proposed ements. Staff roposed map to d toward the and #32 of RECOMMENDATION: Staff recommends the Planning Commission approve the project by. adopting the Negative Declaration and Resolution SD- 88 -006. In staff's opinion, the proposed 3 -lot subdivision is consistent with the City's General Plan, Subdivision, and Zoning Ordinances. In addition, based on the recommendations of the City Geologist, staff finds that the project site is physically suitable for the type of development proposed. • t 5 000034 T • CITY OF SARATOGA ENVIRONMENTAL IMPACT QUESTIONNAIRE ___(to be completed by appl.i.cant)_. FORM EIA -la FILING FEE: $ DATE: o SS FILE NO: S�•� -�E GENERAL INFORMATION: 1. Name and address of developer or project sponsor; `Kra c""" l I P 101 "—T �T :M IFlz� 2. Address of project: 6A Assessor's Parcel Number: 3. Name, address and telephone number of person to be contacted concerning this project: Sg� `►oar a��- la�� • 4. Indicate number of the permit application for the project to which this form pertains: 5. 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: «„ft 6. Existing zoning district: fJ 7. Proposed use of site (project for which this form is filed): Kt - 1 fl &� /1 L, Roll �3 8. Site size: 3_ A �a;� c Ea�L_ A pprsa Id 9. Square footage: _oF 14c,"V 40 5 10. �OOG Number of floors of construction: a cc i 11. Amount of off - street parking: 12. Attached plans? Yes No C­� 13. Proposed scheduling: ;or',�a 14. Associated projects: AJa _vw 15. Anticipated incremental development: 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected: u n i t ti —> GGG S F 00 0100 10 !► x%00 06 0, a. 17. If commerciX-indicate the type, whether neighborhood, city or regionally quare footage of sales area, and loading facilities: 18. If industrial, indicate type, estimated employment per shift, and loading facilities: 19. If institutional, indicate the major estimated employment per shift, estimated occupancy, loadi�,ction, cilities, and community benefits to be derived from the project: 20. If the project involves a variance, conditional a or rezoning appli- cation, state this and indicate clearly why the ap lication is required: Are the following items applicable to the project or its effects? Disco below all items checked yes (attach additional sheets as necessary). YES NO LL_ _ 21. Change in existing features of any lakes or hills, or sub- stantial alteration of ground contours. 0� ud" P,_.0 a o." Er T _ 22. Change in scenic views or vistas from existing residential areas r public lands or roads. QtsP�g �iw cE S ire 1c'_� e k �- ,l1,)/ -tG r-o, 64 f ` 6Y'Y•t _7 23. Change in pattern, scale or character of general area of project. 24. Significant amounts of solid waste or litter. C<,M Change in dust, ash, smoke, fumes or odors in vicinity. d26. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 1, II u r- 'e a .1 lac `ter 27. Substantial change in existing noise or vibration levels in the vicinity. YES NO _ 28. 29. Site on filled land or on slope of 10 percent or more. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). G1 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 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. • PCi, <1t'L. S-7 r1 OA/ ,T N - 1J4r taA f5 t), :iL_o Or k S fL r✓.�� t S.c 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,\commercial, etcs.), intensity of land use (one - family, apartment houses, shops; department stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.). Atl CERTIFICATION: I hereby certify that the statements furnished above and in the attachec exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements and information-presented are true and correct to the best of my know- ledge and belief. DATE: (Signature) 00003'7 For: FORM EIA -lb CITY OF SARATOGA CRITERIA FOR DETERMINING SIGNIFICANT ENVIRONMENTAL IMPACTS (TO BE COMPLETED BY PU9LIC AGENCY) PROJECT:_ 4 �Y,j���l� FILE NO:�j� -�Pj -� LOCATION: jj p I. BACKGROUND 1. Name of Proponent: Sftineuw 2. Address and Phone Number of Proponent: 3. Date of Checklist Submitted: (I/Aid g$ ` fm 4. Agency Requiring Checklist: C �'' e5p452 1A 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 NC a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or over - crowding of the soil? 1� c. Change in topography or ground surface relief / features? 4ID�'OR (q d"a �aiu�S �,� 1►,,c !: Il IAQ 1 � — — — d. The destruction, covering or modification o any unique geologic or physical features? y/ OOOU:3� l� • f YES MAYBE I;C e. Any increase in wind or water erosion of soils, either on or off the site? 3�uzRar f. Changes in siltation, deposition or erosion which may modify the channel of a river or stream or the / bed of a lake? ✓ a)a vw g. Exposure of people or property to geologic hizards such as earthquakes, landslides, mudslides, ground / failure, or similar hazards? 2. Air. 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. W1111,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 surface water runoff? ✓ Cdj c. Alterations to the course or flow of flood waters? ✓ -2- 0OW9 YES MAYBE NC , d. Change in the .amount of surface water or any water in any water body? V e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited / to temperature, dissolved oxygen or turbidity? V f. Alteration of the direction or rate of flow of ground waters? �• g. Change in the quantity of ground waters, either - 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? VVV i. Exposure of people or property to water related hazards such as flooding? J. Significant changes in the temperature, flow, or 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)? b. Reduction of the numbers of any unique, rare or endangered species of plants? v -3- 000040 f 1 YES MAYBE VO C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? 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 any species of animals (birds, land animals includ- ing reptiles, fish, or insects)? r/ b. Reduction of the numbers of any unique, rare or endangered species of animals? / {/ C. Introduction of new species of animals into an area, / or result in a barrier to the migration or movement of animals? J d. Deterioration to existing wildlife or fish habitat? V 6. Noise. Will the proposal result in: a. Increases in existing noise levels? b• Fxo�ur of p op o se a is s 7. Light and Glare. will the proposal produce new light or glare? j� -4- 000041 8. Land Use. Will the proposal result in a substantial a t� erat on of the present or planned land use of an area? YES MAYBE `C V ` 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, / distribUETion, density, or growth rate of the human / population of an area? VVV 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 movement? -5 . 000042 YES :4AYBE \0 b. Effects on existing parking facilities, or demand / for new parking? r/ C. Substantial impact upon existing transportation / systems? d. Alterations to present patterns of circulation or movement of people and /or goods? C; — e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazardous to motor vehicles, / bicyclists or pedestrians? y 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? y/ b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? fir/ 15. Energy. Will the proposal result in: / a. Use of substantial amounts of fuel or energy? 00004.3 b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? YES MAYBE VO V` 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. water? Y d. Sewer or septic tanks? e. Storm water drainage? l�/ f. Solid waste and disposal? V 17. Human Health. Will the proposal result in: . a. Creation of any health hazard or potential health hazard (excluding mental health)? „/ V" b. Exposure of people to potential health hazards? Y 18. Aesthetics. Will the proposal result in the obstruc- tion o any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the qua ty or quantity of existing recreational opportunities? -7- 000044 • f 1 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short -term, to the disadvantage of lonq -term, environmental goals? (A short -term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long -term impacts will endure well into the future..) -8- YES MAYBE VC 00004D J V - V 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 nlmw ORRIN "41,1111 -9- 00004b is 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. ® I 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 GA a iA attached sheErr 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 ENVIRONMENTAL IMPACT REPORT is required. DATE: JOlIlBB S ,.r► av nr. • ADDITIONAL COMMENTS: S-10- (rev. 5/16/80) 00004'7 l W1Z= 21055 Sarahills Drive Saratoga, Ca 95070 October 11, 1988 Planning Commission City of,Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 RE: Proposed development of the Gloyd /Bowie property, Pierce Road, Saratoga. This is to advise your Commission that a massive, active landslide exists on the property of the proposed subject development. Enclosed are three photos taken when a portion of the slide was covered with plastic. The landslide has increased greatly in scope over the years causing damage to a neighbor's property and now, according to several geotechnical experts, presenting a very serious threat to our property on the hillside above. It is our position that the landslide must be repaired. The City of Saratoga must not approve any development of the subject property unless the development plan includes a landslide repair that will remove the threat to the properties above. enclosures tiG4G1 V r-LJ C i i 1986 PLANNING DEP 000048 0. October 23, L988 Saratcga, Ca. Re: Application No. and Location. SD -B8 -006: ?..',S•�; Pierce Rd. Dear Comm i.ssiatier s: [ attended the 1 ;)anning Commission -neeti ig on ��;:,. l2-£?:8. After the puo.lic .hearing portion was cic:•sed, additional information was pre- sented oy sr-att. Since the hearing is to be continued to Oct. .4o -bb, out r•,o put. i is comments are to he accepte,A, 1 am suomitLing my comments ill writing. This deve lovmen t sh(rt11 t1 not he perm: t ted the max L(wum allowable rlensi' ,,- FtDr 1.;he following- reasons: I. The spin ?t o.:' the Generat Plan and Specific Plan allows for- maxilmum cienss.ty for prime property. This, however, is a %. -Fry poor piece :;f property. The front'.north .:ind south western portions) floods during the winter. The rear portion is steep and laden Hrith slides. l'he , iiver of land inoetween is • all that can be considered for dt- velopment Aaximum density crould nor. he permitted. for th.L�, prc,perty. �. The Direct-7r :Manning stated that t,ne slide area is "cont.!­oi'_ -ble" arld thus should not be,, suotracted from the property size L;efore the slope dei,slty is taken into account. he problem wito this statement is that the word "controllable" like other adjectives is not black or white out. rtas shades of gray. For example: the Colorado River is "controllable" by Hoover Dam, out nvt controllable in a practkcal way for a small development. The land slides under discussion are "controliabie" by removing the hou =e on tep of someone e.lses property and "controlling-, the r.: _)p as well a: the bottom of the slide. This, however, is clearly impractical, and thus the slides are NOT CONTROLLABLF IN A PRACTICAL (dAY. The spirit of the General Plan and Specific an would subtract this slide area and flood area from the nrope:•ty size before the slope density formula i�, calculated. Wev , OL' �`•� +y�� de Ke er / PZ 4 1141-3 Pierce Rd. Saratoga 0000 9 • E 21055 Sarahills Orive Saratoga, CA 95070 October 25, 1988 Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca 95070 ')TANNING D&o- RE: Major landslide at proposed Development SD -88 -006- Bowie, 13602 Pierce Road This is to follow -up my letter dated October 11, 1988, and my appearance at the last Planning Commission hearing. Subsequent to your last meeting, I have perused your subject file and feel that you should be aware of the following items: A stability analysis of the landslide area on the subject property performed by Joe Crosby and Associates indicates that the area is unstable when wet. We agree with this assessment and have observed additional movement of the landslide every winter. The landslide originates on the subject property and is expanding in an upslope direction through the Shull property towards our property. The Binkleys have joined efforts with the Shulls to achieve a landslide repair but have been advised by several geotechnical consultants that the repair must start at or near the base of the landslide (on the subject property). The Gloyd /Bowie family has not been co- operative. I am concerned that a satisfactory mitigation plan has not been presented as requested by the City Geologist: Increased drainage has been proposed, but drainage alone will not stabilize or even mitigate this landslide. I have been professionally involved in designing drainage systems for several landslides and must point out that maintenance of any additional landslide drainage facilities at the subject is not possible without first repairing the slide. I note also that repair of the landslide is feasible. We have obtained rough repair estimates from soils engineers and specialty contractors. The cost is high but less than one third the value of the properties adversely impacted by the landslide. We maintain our position that the landslide must be repaired in order to properly mitigate the hazard. We do not object to development of the subject property, but it is our position that the landslide must be repaired as a condition of development. S' erely, G. R. Binkley Civil Engineer 000050 A P P E N D I X A The following chart is a and their relationship. on this chart are within for newly paved area and The list of trees starts corner near Old Oak and tabulation of tree sizes and road widths, ALL measurements are approximate. The trees the proposed City Engineer's recommendations the respective support zone. at Surrey and Pierce and ends at property ?fierce Roads. Tree Type: Tree Diameter (in inches): Existing Road Road ' Edge s &aElevation' Width feet : ( ) Relationship:(feet): 1. 2. OAK OAK 6" 11.5' 14147' 3. OAK 9 14 11.5 1447 4. OAK 9 r:.,. �' 11.5 1648 5. OAK 16 11.5 87+5.- 6. of 11.5 12/ +7 7. it 10 11.5 743 8. to 16 11.5 9/ +3 9. 12 12.0 18/ +5 10. " 20 12.0 8/ -2 11. " 12.0 7/ -1 12. to 12.0 7/ -3 13. to .12.0 6/ -3 14. 11 20 20 12.0 8/ -4 • 15. to 14/ -6 16. " 13 12.:0 4/ -1 17. �� 40 �. • , i 13�. 0 9/ -3 18. n 8 ; :... �.c 12,.0 11/ -2 1 g�. � 44 12.0 6/-1 NOTE: BIG TUR�1 IN ROAD 12.0 • 2 / +2 * 20. 21. 68 _J `,.: �� 11.0 2/ +6 * 22. " 1S 11.0 12/ +3 23. to 20 11.0 14/ +1 24. 11 11.0 8/0 25. to 12.0 7/ -1 25. BAY 18 12.0 14/ -2 27. OAK ,,e20 12.0 11.0 7/ -4 1242 NOTE • RIDGE LOCATION 28. to �� -tom ,, 3- 24 10.0 2/ -2 29. �o ��j 26 9.0 2/ +1 it 3b 9.0 6/ +1 32. to 50 9.0 2/ +1 33. 7 15 9.0 12/ -1 34. OAK 26 10.0 13.0 6/ -4 2/ -1 35. to 56 13.0 5/ -1 *WIDENING 20 TREES THE ROAD JUST 6' WOULD REQUIRE THE REMOVAL OF APPROXIMATELY ALONE. 000051 SLOPE DENSITY CALCULATION , s/}V►AN 0 A- P/) So3- /S -oal I. Contour length w1 thin NET acreage, L Not Acrenfic n CONTOUR LENGTH -Inches - 41 2 , ! '! i 60c, - IF IS 0 L419 — , Ll -.4O L.D 422 L4 6. v .3 a.0 L4 Sk ^ 2 20 0 •D O 2.0 •1 '1 .Y Z r - ? i.S LtZan Z b [' T 2 ,l 2 _ U J 5 . CONTOUR LENGTII •, - inches= 2 _.. • 2 , ! '! 0 60c, - IF IS , S=e , 2 - .3 i5.o L4 Sk ^ Al &0 2 20 0 -15 b •1 - ? i.S ,. 1t1J777 -2 ,, u6Tb-Ta- -z.4i 77 ' +. CONTOUR LIN 111 - Innhvs- CONTOUR LENGTH - Inches- ! '! 0 60c, - .50 yr: �.s i -�, 2S S=e , -�s i5.o 12 Iz,a jjP9 b - ? 518 qc?c 20 5?2 2 q, 1 X504 �. - �u .�T-1 l (. -1 Z 2Z 3.25 � -1 • a � a I .S V-4 TOTAL X(MAP SCALE) =. I i �r± t 0 I 2. Averahc Slope, S Q ■ . _. . f_ Acrc ,)( S= 0_00229) 1 1 (0: 0.1) ( lr, an 011 rnnn Armi (a q ) c +n (� :) (nuarast —0.1P minus Rondwuy Where I a Contour Interval -F't. ininus Viihlculur (10 ft. mi ix i nwm) Arrev; E;, ;Pmcn t s Total Con-lour LungI-h -Ft.. nil nus PanhundIn fin a tll:T Arcin-Acre _. -.. _ , on . lit. f U I SLOPE DENSITY rALCU1,ATION 1. Contour length wlth)n NET acreage. L Nee- Acreacln n CONTOUR LENGTH - Inches- ° 15 0 64 2 o (MAP SCALE) - •�r�b -Go. fcen r (I ) 2. Average Slope, S . , '71.'11 1/)1-0,31 5.5 — --- 3. Plu Acrencpn, :,n 0_00229) c 11 (0: 0021. J) ( a )(4910!0 c+e� , 45�i• .a a,n 4. o (nuarnst 0.1�) 3• minus Roadway Where I n Contour l ntnrva I -F !1 �, )'� ' .5 ini nus Vol, i r_u I air gg u 0 CONTOUR LENGTII - Inchos =' .,uG7v -Tu � o CONTOUR Win CONTOUR LI:NUTH - I nches- TOTAL X (MAP SCALE) - •�r�b -Go. fcen r (I ) 2. Average Slope, S . , '71.'11 1/)1-0,31 — --- 3. Plu Acrencpn, :,n 0_00229) c 11 (0: 0021. J) ( a )(4910!0 c+e� , 45�i• Gro. . Arc.., (a) c1) a,n (1'4'r) (nuarnst 0.1�) minus Roadway Where I n Contour l ntnrva I -F !1 �, )'� ' ini nus Vol, i r_u I air (10 ft. ma,r.iruum) �. Arc'c`: . Eanment I = Total Con-lour Lund I-h -rt. nil nus Panhand I n fin = tll:T ArorrAcro an r . Inr,.�r�r7t O.U1 ) RR A c./au = _. 0000513 U U J T— by A4 < �0,3�. 65 •0 • So 3 TOTAL X (MAP SCALE) - •�r�b -Go. fcen r (I ) 2. Average Slope, S . , '71.'11 1/)1-0,31 — --- 3. Plu Acrencpn, :,n 0_00229) c 11 (0: 0021. J) ( a )(4910!0 c+e� , 45�i• Gro. . Arc.., (a) c1) a,n (1'4'r) (nuarnst 0.1�) minus Roadway Where I n Contour l ntnrva I -F !1 �, )'� ' ini nus Vol, i r_u I air (10 ft. ma,r.iruum) �. Arc'c`: . Eanment I = Total Con-lour Lund I-h -rt. nil nus Panhand I n fin = tll:T ArorrAcro an r . Inr,.�r�r7t O.U1 ) RR A c./au = _. 0000513 by A4 < �0,3�. 0 Grace E. Cory Deputy City Clerk City of Saratoga 13777 Fru,itvale.Avenue Saratoga, CA 95070 To the Members of the Council: 12127 Marilla Drive Saratoga, CA 95070 November 30, 1988 RE: DR -88 -0351 V -88 -017 J • I'm writing to express my opposition to the granting of a var- iance requested in the above referenced case. Although I have another commitment on Dec. 7 and cannot attend the public hearing, I would like my objection included in the record. Having some knowledge of the city's formulas for maximum square footage allowed on hillside property, I believe those for- mulas are reasonable when viewed from the perspective of maintaining reasonable open space and scale in hillside areas for all Saratoga residents as well as nearby property - owners. The appellant in this case seeks permission for an overage of nearly 47 percent. Appellant knew, or should have known, the maximum buildable area under current Saratoga regulations when the lot was purchased. To then proceed to design a house nearly half again as large as the allowable maximum seems to flout both the letter and the spirit of city policy. A smaller overage for justifiable design reasons might deserve more sympathetic consideration. As the matter stands, I oppose this request for a variance. Since Robert D. Ingle • SARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. y MEETING DATE: 12/7/88 ORIGINATING DEPARTMENT: Planning AGENDA ITEM.' CITY MGR. APPROVAL SUBJECT: GP -88 -002, ZC -88 -001; Les Maisons Provencal, 13150 Saratoga Ave. Recommended Motion: Certify the environmental impact report, approve Resolution GP -88 -002, amending the General Plan and introduce Ordinance ZC- 88 -001, rezoning the property to MU -PD. Report Summary: On September 28 and October 12, 1988, the Planning Commission conducted public hearings on the above items. The Commission recommended approval of all three (3) items. Fiscal Impacts• Attachments: Motion and Vote None 1. Memo to City Council 2. Resolution /Ordinance for Approval 3. Planning Commission minutes dated 9/28 & 10/11/88 4. Draft EIR 12/7. Mot-.ion to certify EIR failed 2 -2; continued to 1_2/21. 12/21: EIR certified, CPA Approved, Ordinance intr_odaced 4 -0. A: GP -002 000001 0TY'T Qo 0&%kXQ)0& 13777 FRUITVALE AVENUE • SAR.ATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 12/7/88 FROM: Stephen Emslie, Planning Director SUBJECT: GP -88 -002, ZC -88 -001; Les Maisons Provencal, 13150 Saratoga Ave. ---------------------------------------- Project /Description The project before the Council is to certify the environmental impact report, amend the General Plan and the zoning designations of the former Paul Masson winery from industrial to multiple use - planned development. The Planning Commission has recommended approval of the project. The 27.2 acre site is bounded by Saratoga Avenue and condominiums on the west, McFarland Avenue and an office complex on the north, single family detached residential homes'on the east, and the Southern Pacific Railroad tracks and proposed Highway 85 on the south. The facilities of the former Paul Masson Winery occupy the southern half of the site including the abandoned tasting /sales room with attached warehouses, parking area and garden /entryway. The northern portion of the site is vineyards /orchard. The proposed project includes construction of 79 townhomes on the northern portion and a•senior lifecare facility at the south. The lifecare facility contains 190 apartments, 25 cottages, a personal care component containing 40 beds and a skilled nursing component with 50 beds. Proposed access, to the project is from a loop road from Saratoga Avenue with connecting streets off the loop. The architectural design includes stucco exterior with red tile roofs on single and two -story buildings, described by the architect to be "an interpretation of the Mediterranean and Spanish style architecture that is prevalent on the Peninsula." The Planning Commission is working with the applicant on the details of the site and architectural plans. Analysis I. EIR - The draft EIR, Response to Comments and Planning Commission minutes are included in the Council packet. The EIR analyzes the environmental impact of 84 townhomes, 204 apartments and 36 cottages with 3 cul -de -sacs serving the townhomes. The proposal before the City Council has reduced these densities and shows a looped road through the townhomes with one cul -de -sac instead of three. Therefore, some impacts (traffic, public service and fiscal) will be rtflli GP -88 -002, ZC -88 -001; Les Maisons Provencal slightly reduced, and the.concern about the safety and emergency access problems (pg. 73 -75) from 3 cul -de -sacs over 500 ft. in length has been eliminated. On Wednesday, December 7th, the Consultants from LSA, Inc. will review the details of the EIR with the Council. Following the public hearing, the Council should evaluate the EIR and find that the report adequately assesses the impacts and proposes mitigations for the project. II. GENERAL PLAN AMENDMENT Background: In 1986, following several public hearings, the City adopted the MUPD zoning ordinance, specfically designed for the subject site, as noted by the 25 acre minimum site requirement. The limitations in the ordinance stipulates that: 1) single family or multi - family dwellings be limited to 50% or less; 2) senior citizen housing; including common dining and recreation facilities and facilities rendering health care services and medical treatment for patients be limited to 50% or less; 3) schools be limited to 50% or less; and retail use and offices are limited to 15% or less. These limitations were designed to ensure that development of the property would be compatible with the residential character of the City in that commercial development was not to be intensified, and industrial development would be eliminated, and only uses which were not impactful would be considered. The 15% office and 25% athletic facility were perceived as buffer uses between Highway 85 and the residential uses. Although the ordinance was adopted as part of the City Code, the General Plan amendment was delayed until such time as a proposal was submitted to the City. Amendments 1. The text of the General Plan describing "Area F, Quito" (pg. 4- 17) and "Guideline for Area Development" (pg. 4 -19) is proposed to be amended as follows: Pg. 4 -17, paragraph #1 - Area FL Quito The Quito area is bounded on the north and east by Quito Road, on the south by the Southern Pacific Railroad (SPRR), and on the west by Saratoga Avenue. The majority of the Quito area was subdivided in the late 1940's and early 19501s. The predominant zoning is R -1- 10,000. In terms of land use, Area F is the most diversified in the City. Quito contains the City's only *industry, the Paul Masson Winery- Along Saratoga Avenue is located one of ... *site designated for multiple use - planned development. 000003 GP -88 -002, ZC -88 -001; Les Maisons Provencal Pg. 4 -19, guideline #7 - The property at the southeast corner of Saratoga Avenue and McFarland Avenue * eurrently occupied by the Paul Masson Winery, * *shall remain industrial. Existing City ordinances shall be amended to provide for public hearings and notification of same prior to the issuance of permits for any future ** *industrial development either through the use permit or design review process. *formerly * *is appropriate for a mixture of uses, including senior housing ** *mixed use 2. The land use map must be amended from the LI (light industrial) to MUPD (multiple use planned development) designation. III. REZONING Once the General Plan is amended, the property should be rezoned for consistency with the General Plan. The attached ordinance would establish the MUPD zone designation, consistent with the General Plan. The development standards of Article 15 -21 would then apply to the project. The Council will note that the proposed rezoning will establish only the former Masson property as MUPD. The Planning Commission is currently studying appropriate zone designation of a single family lot currently zoned M (Limited Industrial) and is surrounded by the proposed project. The rezoning will change only the former Masson site from M to MUPD as the Planning Commission recommendations regarding this remaining single family residence will be presented to Council at a later time. RECOMMENDATION: Conduct the public hearing: 1) certify the EIR per Resolution 2529; 2) approve the General Plan amendment per Resolution GP- 88 -002; 3) approve the rezoning by introducing Ordinance ZC -88 -001. Stephlen Emslie Planning Director SE /kc /dsc 111' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE LES MAISONS PROVENCAL 13150 SARATOGA AVENUE WHEREAS, an Initial Environmental Study was completed on March 7, 1988 which determined that the project may have a significant effect on the environment and an Enviornmental Impact Report (EIR) shall be prepared; and WHEREAS, an EIR was prepared pursuant to Public Resources Code Section 21000 et. seq. and the CEQA Guidelines of the State of California for a zone change and General Plan amendment to allow development of 84 townhomes and a senior housing facility on 27.2 acres; and WHEREAS, the Planning Commission has held public hearings on the draft EIR on 9/28/88 and 10/12/88 to review the adequacy of the document and to accept public comment, and has recommended that the City Council certify the EIR; and WHEREAS, the City Council has determined the following findings are present: That the City Council reviewed and considered the information contained in the final EIR prior to its decision on the project. That the final EIR has been completed in compliance with the California Environmental Quality Act. That there are no significant impacts which are not avoided or reduced by mitigation measures contained in the final EIR. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby certify the EIR pursuant to Section 15090 of the CEQA Guidelines of the State of California. The above and foregoing resolution was regularly adopted by the Saratoga City Council on the 7th day of December, 1988 by the following vote: AYES: NOES: ABSENT: ABSTAINED: ATTEST: City Clerk Mayor 000005 RESOLUTION NO.. RESOLUTION OF THE CITY COUNCIL OF THE THE CITY OF SARATOGA AMENDING THE GENERAL PLAN LAND USE ELEMENT AND TEXT TO ACCOMODATE DEVELOPMENT OF THE FORMER PAUL MASSON WINERY SITE ON SARATOGA AVENUE (APN 389- 11 -04, 05, 08, 09, 010) WHEREAS, the City of Saratoga has determined that it is in the public interest to preserve the residential character of the City; and WHEREAS, in 1987, the property, formerly the Paul Masson Winery on Saratoga Avenue, has been identified as appropriate for senior citizens housing; and WHEREAS, the City has adopted an MU -PD ordiance specifically designed to accomodate development of the subject site with predominantly residential uses; and WHEREAS, the City Council has determined that the General Plan text regarding "Planning Area F, Quito," is inconsistent with the City's decision regarding the property; and WHEREAS, a conceptual development plan has been submitted to the City for approval which includes 50% townhomes and 50$ senior lifecare facility; and WHEREAS, the City Council has determined that the area should be designated multiple use planned development (MU -PD) to be consistent with the City's intent to encourage residential and senior facilities on the site and with the conceptual development plan proposed for the property; and WHEREAS, the City of Saratoga City Council reviewed the Environmental Impact Report and found there are no adverse impacts on the environment as a result of the proposal; and WHEREAS, the City Council has held a public hearing in accord with Government Code Section 65351 and reviewed the proposed amendment to the Land Use designation and text; WHEREAS, the City Council has held a public hearing in accord with Government Code Section 65351 and reviewed the proposed amendment to the Land Use designation and text; NOW, THEREFORE, BE IT RESOLVED that the City Council amends the Land Use designation of the property shown on Exhibit A to multiple use planned development (MU -PD) and the text as follows: 000006 Resolution GP -88 -002 Pg. 4 -17, paragraph #1 - Area F, Quito - The Quito area is bounded on the north and east by Quito Road, on the south by the Southern Pacific Railroad (SPRR), and on the west by Saratoga Avenue. The majority of the Quito area was subdivided in the late 1940's and early 1950's. The predominant zoning is R -1- 10,000. In terms of land use, Area F is the most diversified in the City. Quito contains the City's only site designated for multiple use - planned development. Along Saratoga Avenue is located one of ... Pg. 4 -19, guideline #7 - The property at the southest corner of Saratoga Avenue and McFarland Avnue formerly occupied by the Paul Masson Winery, is appropriate for a mixture of uses, including senior housing. Existing City ordinances shall be amended to provide for public hearings and notification of same prior to he issuance of permits for any future mixed use development either through the use permit or design review process. The above and foregoing resolution was regularly adopted by the Saratoga City Council on the 7th day of December, 1988, by the following vote: AYES: NOES: ABSENT: ABSTAINED: ATTEST: City Clerk Mayor 000007 �1wj NOR ". ;molly■ ■� ■� ■1' r.■� � ♦� -� � 1 ■1111 ■ ■ ■ ■1 �� � � 1 ■1n1�� � 11 �+ `�■■■■■■■■■■ na, ._�, Names■ AIL E S �■ ■■groin `Z:tmz►l • ■■■sa: C 3 Irk BEEN �wiillilm. !w iii�cii� L • - NP ► /��� ftIIIIImu�.��� wr1�• !' ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA REZONING CERTAIN TERRITORY OF THE CITY OF SARATOGA AND AMENDING THE ZONING MAP, APN 389- 11 -04, 05, 08 -10 The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Parcel 389- 11 -04, 05, 08 -10 located at 13150 Saratoga Avenue, depicted as a cross hatched area on the zoning map attached hereto as Exhibit "A ", is hereby reclassified from M to MU -PD zoning district. Section 2: This ordinance shall take effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was introduced at a meeting of the City Council of the City of Saratoga held on the 7th day of December, 1988, and adopted at a meeting held on the day of , 19_, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Approved Mayor r IIIIIIEi 1111111► 111111111����1 �1 '1• I I � � 1 PLANNING COMMISSION MEETING SEPTEMBER 28, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued Page 2 2. V -88 -028 Blair, 13303 Paramount Drive, approval of resolution for variance from Ordinance 15- 45.030 to allow an expansion of an existing single family dwelling up to 4,204 sq. ft. where the maximum allowable floor area is 4,050 sq. ft. Property is located in the R -1- 12,500 zoning district. (Variance granted September 14, 1988. ----------------------------------------------- ------------------------------------------------- Commissioner Tucker removed the Item, since she had previously voted against the Application. BURGER/KOLSTAD MOVED APPROVAL OF V-88-028 PER THE MODEL RESOLUTION. Passed 5 -1, Commissioner Tucker dissenting. PUBLIC HEARINGS: 5. SD -88 -010 Kirkeby and Associates, Mt. Eden Road, request for tentative map approval for a two (2) lot subdivision of 7.2 acres of undeveloped property in the NHR zoning district, pursuant to City Code, Article 14 -15. Property located on the west side of Mt. Eden Road approximately 1,500 ft. west of Pierce Road. ----------------------------------------------- ------------------------------------- Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Commission dated September 28, 1988. The Public Hearing was opened at 7:43 P.M. The Applicant had no comment to make. Mr. William Brooks, Merrick Dr., Saratoga, cited Condition 27, second paragraph, and stated that the City had developed the standard of an 8 ft. equestrian trail width, however, such was un- necessary in the hillside areas and would require the developer to do a substantial cut and fill. He asked that the Condition require the trail to be surfaced with an all weather material. Mr. Erik Brookson, Cupertino, noted that the parcel in question would be a family estate. Applicants did not object to the equestrian trail required nor the construction materials considered, however, they had some concerns regarding the location of the trail on this property and did not wish such to interfere with the beauty and/or view on -site. HARRISBURGER MOVED TO CLOSE PUBLIC HEARINGS AT 7:56 P.M. Passed 6 -0. Commissioner Harris was favorable to requiring the all weather materials as suggested above. HARRIS/BURGER MOVED TO GRANT A NEGATIVE DECLARATION. Passed 6 -0. HARRIS/TUCKER MOVED APPROVAL OF SD- 88-010 PER THE MODEL RESOLUTION, CONDITION 27 AMENDED TO REQUIRE THE TRUNK PORTION OF THE EQUESTRIAN TRAIL AND ANY OTHER PORTION DEEMED NECESSARY BY STAFF AND PARKS AND RECREATION COMMISSION, BE CONSTRUCTED OF ALL WEATHER MATERIAL Passed 6-0. Items 6 and 7 to be heard simultaneously. GP-88 -002 Les Maisons Provencal, 13150 Saratoga Avenue, request for certification of ZC- 88-001 an Environmental Impact Report, General Plan amendment and rezoning of property for the former Paul Masson Winery site. The subject property involves 27.2 acres located east of Saratoga Avenue and north of the Southern Pacific Railroad tracks. The proposal is to amend the land use element of the General Plan from M (limited industrial) to MU -PD (mixed use planned development) and rezone the property from L -1 (light industrial) to MU -PD (mixed use planned development) to accommodate 79 townhomes and a senior lifecare facility. The proposed lifecare facility contains 190 apartments, 25 cottages, a personal care component containing 60 beds, and a skilled nursing component with 60 beds. - Les Maisons Provencal, 13150 Saratoga Avenue, request for approval of aconceptual development plan for the former Paul Masson Winery site pursuant to Article 15 -21 of the City Code. 000011 PLANNING COMMISSION MEETING Page 3 SEPTEMBER 28, 1988 PUBLIC HEARINGS Continued Commissioner Tucker reported on the land use visit. Planner Caldwell reviewed the Report to the Commission dated September 28, 1988. The Public Hearing was opened at 8:10 P.M. Mr. Malcome Sprau, LSA Associates, addressed procedural questions and introduced Ms. Chung. Ms. Laurie Chung, LSA Associates, reviewed the Draft Environmental fmpa t Rcpgrt (EIR). Mr. Dennis Reichardt, Managing General Partner, Les Maisons Provencal, made himself available for questions. The Chair asked that Application GP -88 -002, ZC- 88-001 be addressed first. Col. E. T Barco, Camino Barco, commented as follows: Was favorable to the overall plan proposed Location for this senior complex was wrong; EIR pointed out adverse air and traffic impacts While Route 85 and a possible interchange was frequently mentioned in the Draft EIR, the impacts from the freeway on air quality, noise and traffic were not discussed Suggested the care facility be moved as far from the freeway as possible and streets to be a minimum of 25 1/2 ft. wide - Asked that the EIR and the project either not be approved or postponed until a decision on the interchanges, the freeway and the resulting impacts were considered BURGER/TUCKER MOVED TO CLOSE PUBLIC HEARINGS ON GP- 88-002, ZC-88 -001 AT 8:25 P.M. Passed 6-0. Commissioner Tucker cited the Model Resolution which stated that upon review of the EIR, no adverse environmental impacts were found. She was concerned that the Draft EIR did not address the possibility of an interchange at Saratoga Ave; the Level of Service (LOS) Rating was an E or F at two major streets. She noted the ongoing concern of Saratoga residents regarding traffic congestion and asked that the issue of impacts be addressed. Vice Chairman Siegfried and Commissioner Kolstad concurred. Commissioner Harris asked that impacts on air quality from the on/off ramps also be discussed. Mr. Dennis Reichardt commented as follows on the possibility of interchanges at this location: - Facility was designed with the possibility of interchanges in mind During the course of the EIR, Cartons notified the Applicants that they intended to condemn a three acre portion of the site whether the City allowed an interchange or not Applicant's position was they they did not know whether an interchange was better or not; in many cages, ambient air quality improved by the additional setbacks required Incremental impact on air quality would not change whether there was an interchange or not - Minutes of October 30, 1985, made clear that the project was not dependant upon interchanges. Commissioner Burger had no objection to including statements in the EIR recognizing the fact that there may be an interchange at Saratoga Ave: however, she was concerned that no action would be taken on the grounds that decisions be postponed until all risks could be quantified and avoided. Commissioners Harris and Tucker asked that the possibility of interchanges be considered. Commissioner Kolstad noted that the EIR referenced the possible interchanges. Mr. Malcome Sprau stated that the Draft EIR did address the potential construction of interchanges and the im cts on Saratoga Ave. (Page 78),. air quality (Page 89) and noise (Page 96) with discussed on Page 97. Commissioner Tucker reiterated her request for additional information on Level of Service Ratings with consideration of increased traffic volumes; Commissioner Harris concurred and requested additional information on air quality impacts. Commissioners Burger, Kolstad and Tappan felt additional information was not required. BURGER/TUCKER MOVED TO CONTINUE GP48 -002, ZC- 88-001 TO OCTOBER 12, 1988. Passed 6-0. 000012 PLANNING COMMISSION MEETING SEPTEMBER 28, 1988 PUBLIC HEARINGS Continued Page 4 Vice Chairperson Siegfried proceeded to Public Hearings on Item 7. Planner Caldwell advised the Commission that the project could not be approved until the Enivron- mental Impact Report (EIR) was certified. The Public Hearing was opened at 8:58 P.M. Mr. Bob Tucker, Project Architect, presented the Site Plan and commented as follows: Required setbacks for the project had been meet by the Applicants Applicants proposed to install a sound wall and landscaping in the 50 ft. setback areas Areas within the project would be maintained by a homeowners association With respect to thetaff Report, �n pt gal IoFmen_ t Plan; 5.,jg: fences would be installed in the townhouse area contrary to the Report ~ 3•• pjS: part of the 50 ft. area along Saratoga/McFarland Avenues referred to would be oppen en s space and pan of this area would be private space for individual home owners - With respect to a 30 ft. height proposed, such promoted a residential character while allowing some latitude for increased ceiling heights which was a very desirable design feature Based on other projects completed, he felt that the parking ratios proposed would be adequate Col. Barco, Camino Barco, suggested consideration of an emergency access from McFarland Ave. Mr. Andrew Beverett, Senior Coordinating Council, reviewed the historic role of the Coordinating Council and called attention to their letter of support for this concept. Mr. Joe Parker, The Vineyards, noted his initial enthusiasm regarding the project; however, he now had concerns regarding air quality impacts from the possible Saratoga Ave. interchange. He felt that the location of the project adjacent to a freeway and possibly an interchange, was foolish. Mr. George Nedaous, The Vineyards, requested information regarding the nursing care facility. Ms. Lisa Garash commented as follows: Noted that the project did not appear compatible with Saratoga due to the density proposed Questioned the relationship of the various project elements to each other Noted the lack of recreational activities within the complex - Open space in this project had been reduced to landscaped strips and comer landscaping - Felt the City had not instigated a system of preserving public open space within Saratoga EIR addressed serious traffic issues; the proposed density was greater than the surrounding area. She questioned whether the surrounding area would be able to increase their density - Was favorable to the concept of developing senior complexes; however, the density of the town- house element was inappropriate BURGER/TUCKER MOVED TO CLOSE PUBLIC HEARINGS AT 9:18 P.M. Passed 6 -0. Mr. Reichardt stated that the Ordinance provided that the conceptual development plan could be approved in advance of certification of the EIR; certification was important at the final plan stage. He provided additional information on the personal/skilled care facility and adjacent open areas. Commissioner Harris commented as follows: The proposed name of Les Maisons Provencal did not seem appropriate for Saratoga; she sug- gested that the history of the property- -the Paul Masson Winery- -be considered Was appreciative of the comment in the EIR. that a portion of the mural be used in the project has sympathic to comments, of Ms. Garash regarding the nature of the townhomes and was also conce rned that the density pro posed was not compatible with this area of Saratoga Furthermore, she was concerned regarding the use of landscaped strips as open space and did not see that a thee of open space was provided within the development Objected to the 30 ft. height which added to a crowded feeling; however, she would consider a minimal percentage of the roof at the 30 ft. height Commissioner Burger commented as follows: Was more concerned about density of the townhouse project than density of the care facility A small percentage of the roof at a 30 ft. height would be acceptable if the density of the town- house portion of the project were reduced - Name was inappropriate; suggested the matter be referred to the Heritage Preservation Commis- sion for consideration; suggested consideration of the name of the artist who created the mural - Asked that interior streets be widened - Questioned whether driveways in the townhouse area would accommodate a parked car length Questioned whether all walkways in the senior area should be covered; suggested trellised walks 000013 PLANNING COMMISSION MEETING Page 5 SEPTEMBER 28, 1988 PUBLIC HEARINGS Continued Commissioner Burger continued as follows: Noted that a response had not been made to the Commission's request for underground parking and asked that parking be adjacent to the apartment area to reduce the walking distance - Asked that up to two acres be provided for flower and vegetable gardens - Suggested consideration of a non - sectarian chapel on the grounds Commissioner Tucker commented as follows: Asked that additional open space be provided and was favorable to a garden area Questioned maintenance of the rear property area and suggested the project maintain this area - Concurred that inadequate street widths existed, causing cats to be parked on the sidewalk area Felt the proposed staff/employee parking allotment of 45 spaces would be inadequate - Asked that the Applicant secure a contract with a life care organization prior to development; she was concerned regarding the project if such an agreement were not secured Commissioner Tappan commented as follows: Concurred that the name proposed was inappropriate and asked that the project be tied to the former use of the site by Paul Masson Winery or use of the mural artist's name Was unfavorable to the architectural design proposed and cited an incongruous mixture of traditional and contemporary elements Objected to the differentiated color of the walkways from a safety point of view - Noted the critical role of landscaping in the project to mitigate noise and pollution; he was favorable to the meandering walk along Saratoga Ave. Commissioner Kolstad concurred with the above comments and added: Asked that the name of the project be easily pronounced - Noted concern regarding the density proposed Suggested removal of the rear yard fencing to create a greater feeling of open space - Was not favorable to the colored sidewalks proposed Asked for significant increase in parking proposed; he was reluctant to grant any variance for parking requirements Vice Chairperson Siegfried was greatly concerned regarding the density of this mixed use project; due to the siu of the townhouse units and number of bedrooms proposed, the project would be very dense. Such could be addressed by increasing the open space and reducing the number of units. He felt that parking may be adequate if the density were reduced. HARRISMJCKER MOVED TO CON'T'INUE PC- 88-003 TO OCTOBER 12, 1988. Passed 6 -0. MISCELLANEOUS: Article 15-45 - Design Review Ordinance - Assessment of Administrative Review Process. Planner Caldwell reviewed the Memorandum of September 28,198& The Chair rrox000��ttized 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. Comp» ssioner Siegfried suggested they write Staff outlining their concerns regarding any difficulties they were experiencing with the Des, gn Review Standards. Commissioner Harris responded to W. Crowley's request for a Study Session that the Planning Commission always welcomed new information but she did not care to get into further argument with the developer about the size of the homes. She had passed the Ordinance as it was. 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..." Procedtues for notifying neighboring properties: I. Insert, "...closest neighboring properties as determined by the Planning Department..." 5. Amended to read, "If 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..." 000014 PLANNING COMMISSION MEETING SEPTEMBER 28, 1988 MISCELLANEOUS Continued Page 6 BURGER/HARRIS MOVED APPROVAL OF RESOLUTION PC -88 -004 ADOPTING PRO- CEDURES FOR ADMINISTRATION OF THE DESIGN REVIEW ORDINANCE. (ARTICLE 15-45) AS AMENDED. Passed 6 -0. I. Committee -of - the -Whole Report - September 6,1988, -Noted and filed. 2. Minutes of Heritage Preservation Commission of September 7,1988, - Noted and filed. 3. Letter from Wayne Jerves re: traffic problem at the intersection of Saratoga- Sunnyvale Rd. and Sea Gull Way, - Noted and filed. Oral by Commission- Commissioner Harris reported on the City Council Meeting of September 21, 1988. ADJOURNMENT: The Meeting of the Planning Commission was adjourned at 10:04 P.M. Respectfully submitted, Carol A. Probst - Caughey 000015 PLANNING COMMISSION MEETING OCTOBER 12, 1988 PUBLIC HEARINGS Continued Page 3 10. GP -88 -002 Les Maisons Provencal, 13150 Saratoga Avenue, request for certification of ZC-88 -001 an Environmental Impact Report, General Plan amendment and rezoning of property for the former Paul Masson Winery site. The subject property involves 27.2 acres located east of Saratoga Avenue and north of the South- ern Pacific Railroad tracks. The proposal is to amend the land use element of the General Plan from M (limited industrial) to MU -PD (mixed use Planned development and rezone the property from L -1 (light industrial) to MU -PD (mixed use planned development) to accommodate 79 townhomes and a senior lifecare facility. The proposed lifecare facility contains 190 apartments, 25 cottages, a personal care component containing 60 beds, and a skilled nursing component with 60 beds. City Attorney noted the concern regarding the specificity required for a conceptual design approval; the Conceptual Design Plan was compared with the Final Design Approval. Requirements of the Ordinance were reviewed. The Public Hearing was opened at 9:12 P.M. Planner Caldwell advised the Commission that the General Plan Amendment, Environmental Im- pact Report (EIR) and the rezoning of the property could be considered fast; Ms. Cheung of LSA Associates would discuss the response prepared to the Commission's inquiries. Ms. Lori Cheung, LSA Associates, reviewed the - unu,c: i cvci or aervice Killings at project entrance, t'ruitvale/Saratoga Ave. intersection and at Saratoga/Cox Ave. intersection; mitigations for the latter intersection were noted - Air Quality: with a Saratoga Ave. interchange, the Saratoga/Cox Ave. intersection was subject to further violation of carbon monoxide standards; mitigation measures described in the EIR. Commissioner Harris questioned the suggested mitigation measure of installing an additional traffic lane on Saratoga Ave; there did not seem to be adequate room to accommodate such. Ms. Cheung stated that the traffic engineer would have to address the issue; she agreed that it was conceivable that if there was insufficient room for the additional traffic lane suggested, there would be no mitigation for the existing Level of Service Rating of F. Commissioner Harris cited the Response to County of Santa Clara Transportation Agee y1 Letter Response 3 and questioned how this statement had application to the proposed development; seniors would be using the bus system thus, it seemed appropriate that the project appplicant fund improvements. Ms. Cheung responded that LSA viewed such as pertinent; however LSA did not feel that the project applicant should be required to fully fund the required improvements. She felt that the portion of funding required should be determined by the Planning Commission. Commissioner Harris cited the Draft_ Environmental Impgct Report (EIRL Internal Circulation 10., and questioned the historical research which indicated that the amount of proposed on -site parking should be adequate. Ms. Cheung responded that she. believed that the traffic engineer had extensive experience with other senior citizen pro ects; n addition, City standards were usually higher than required for a project of this type. rmm. ... ner Harris noted that when another Commissioner visited three similar projects, parking was woefully inadequate. Commissioner Harris noted that the Draft EM Off -Site Circulation, 2., "The eastbound Cox Ave. intersection approach should be restripped to provide an exclusive left, an exclusive through and a combined through/right -turn lane ;" the constriction of this interchange was cited. Ms. Cheung confirmed that there was sufficient room for the recommended improvements with restriping; the exclusive lanes would improve the traffic flow. Commissioner Harris questioned whether mitigations could be recommended when, in fact, they were not possible. The City Manager responded that the question was to what extent the project reduced Level of Service Ratings; the pro)ect impact on the environment, not the environment on the project, needed to be considered. The Level of Service Rating on Cox Ave. would be reduced by an interchange on Saratoga Ave., irrespective of the project under consideration. The question to be addressed to the consultants was "To what extent did the traffic projected for this develop- ment further deteriorate traffic on Cox, and Saratoga Avenues should the interchange on Saratoga Ave. be constructed." Ms. Cheung responded that LSA Associates was predicting that the existing Level of Service Rating D would remain even with construction of this project. 0000, PLANNING COMMISSION MEETING Page 6 OCTOBER 12, 1988 PUBLIC HEARINGS Continued The City Attorney stated that the proposed mitigation measures should be possible. The other alternative would be to state that there was an impact that could not be mitigated; therefore an overriding consideration would have to be found to allow the project. The City Manager stated that there may be other methods to increase the capacity of the inter- section; examples were cited. He suggested the City reserve to itself for an extended period of time, a requirement that the applicant assume responsibility for required mitigations since the traffic this development would place on Saratoga Ave. was unknown at the time. Mr. Wade Hover, Attorney for Mr. Passantino, commented as follows: - Passantino property, an integral part of the rezoning area, had been virtually ignored; Mr. Pass - antino wished to be included in all discussions or hearings on this issue Environmental Impact Report did not address impacts on the Passantino property, for example, access to the property from Saratoga Ave. Chairperson Guch informed the speaker that Study Sessions and/or other Hearings had not been previously held on the Conceptual Development Plan. Mr. Hover stated that he and his client wished to be included in discussions on the Ordinance as well; Commissioner Burger noted that all Study Sessions/Hearings on the Ordinance Amendment had been widely publicized and noticed. Mr. Hover objected that the property could not be rezoned without noticing property owners; the project under consideration required a rezoning. He was unfavorable to a General Plan Amendment without consideration of the Passantino site; secondly, the project proposed would enormously impact his client's property. A Public Hearing was an inadequate forum of r necessary discussions. The City Attorney reviewed the procedures accompanying the General Plan Amendment; however. the City could not dictate to the Paul Masson property owner how an adjacent property (not owned by the Applicant) could be used and/or incorporated. It was legitimate for the speaker to address undesirable traffic impacts on his client's property; the Commission would have to consider how Mr. Passantino's property would be reclassified. Mr. Hover reiterated that the EIR did not address the ingress/egress of his client's property. Mr. Dennis Reichardt, Managing General Partner, Les Masions Provencal, responded that formal, written offers of purchase had been made to Mr. Passantino and were refused; he expressed appreciation that the City had not imposed a requirement that they buy the property in question. Mr. Passantino stated that only tentative plans were presented for his review and no solid offer to purchase his property had been made by the Applicants. The City Attorney noted that the above dialogue was irrelevant to the project under consideration. He added that the driveway of the Passantinos was not being impaired by this project; to the extent that the Environmental Impact Report (EIR) addressed the total traffic increase of the development, it addressed the issue. Planner Caldwell noted that by virtue of the testimony, the Passantino property would be added to the EIR; she confirmed that their access would not be restricted by this project. Mr. Andrew Beverett, Senior Coordinating Council, commented as follows: - Offered services of the Senior Coordinating Council to resolve any difficulties that may arise - Consideration of other senior complexes indicated that adverse air quality had not been found Ms. Dora Grens, Old Oak Way, Saratoga, stated that her mother had implored her not to place her in a similar location as proposed for this complex. Mr. Hover reiterated his position that a General Plan Amendment rezoning the property would have a tremendous impact on this client's property. He did not feel.a rezoning was necessarily required; the proposal under consideration could be accomplished under a Planned Development. In response to Commissioner Kolstad's question, Mr. Hover commented as follows: Wished the access routes to be changed entirely so that his client's property was not affected - Wished to change the ambiance of the Conceptual Plan to insure that a club house or similar activity were not placed directly adjacent to the rear of his client's property Wished the Commission to consider the fact that an attempt was being made to change the zoning of his client's property if not by direct means then forcing such a change - Confirmed that he did not wish a zoning change for any part of the entire area 000017 PLANNING COMMISSION MEETING Page 7 OCTOBER 12, 1988 PUBLIC HEARINGS Continued Mr. Reinhardt stated that this project would not interfere with Mr. Passantino's access anywhere near the interference from the prior use by Paul Masson Winery; secondly, the EIR did address the impacts on the neighborhood Mr. Hover restated his concerns as to whether the EIR addressed the traffic impacts on his client; Commissioner Siegfried responded that the EIR could be amended to address this issue. BURGER/SIEGFRIED MOVED TO CLOSE PUBLIC HEARINGS AT 10:15 P.M. Passed 7 -0. The City Attorney stated that the EIR was required to address traffic impacts; it was a matter of interpretation whether an individual parcel of property was to be addressed. Ms. Cheuns stated that written comment had not been received from area residents; with respect to the Passanttno property, LSA Associates felt the analysis presented was sufficient. Planner Caldwell reiterated that testimony given at this Hearing became part of the EIR. She reviewed the Passantino property and the existing traffic situation; the signalized intersection at the project entrance was sufficient mitigation to allow the Passantino's adequate and safe traffic movements. If the Commission accepted that the Pawantino site was a single family residence and had been incorporated into the EIR, the EIR was not subject to further review by the Commission. Mr. Hover insisted that he be allowed to speak on the issue and refused to take his seat. The Meeting was recessed from 10:20 - 10:50 EM. The City Attorney advised the public that the Public Hearing was closed. Ms. Cheung summarized the Environmental Setting Potential impacts and Mitigation Measures from the Environmental Impact Report. Commissioner Siegfried stated that the amended EIR adequately addressed his issues of concern. Commissioner Harris reiterated concerns regarding the proposed traffic mitigations and recommended consideration of other, more appropriate mitigations. BURGER/SIEGFRIED MOVED TO ADOPT A MINUTE MOTION RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT. Passed 6 -1, Commissioner Tucker dissenting. Commissioner Tucker stated that she dissented due to concerns regarding air quality. BURGER/SIEGFRIED MOVED TO RECOMMEND APPROVAL OF GP -88 -002 PER THE MODEL RESOLUTION Passed 6 -1, Commissioner Tucker dissenting. BURGER/SIEGFRI D MOVED APPROVAL OF ZC- 88-001 PER THE MODEL RESOLUTION Passed 6-1, Commissioner Tucker dissenting. 11. Les Maisons Provencal, 13150 Saratoga Avenue, request for approval of a conceptual development plan for the former Paul Masson Winery site pursuant to Article 15 -21 of the City Code. Mr. Dick Oliver, Dividend Development Corporation, stated that in view of the lateness of the hour Applicants requested a Continuance of this Item, with a Study Session to be held SIEGFRIED/BURGER MOVED TO CONTINUE LES MAISONS PROVENCAL TO OCTOBER 26, 1988, WITH A STUDY SESSION TO BE HELD OCTOBER 18, 1988. Passed 7 -0. 12. SD- 88-006 Bowie, 13602 Pierce Road, request for approval of subdivision of approxi- mately 11 acres of undeveloped property into 3 lots. Each lot is proposed to be approximately 3.6 acres in size. The property is located on the south- east side of .Pierce Road, immediately southwest of the intersection with Surrey Lane. NHR zone (northwestern hillside residential, General Plan designation RHC (residential hillside conservation. A Negative Declaration has been prepared. Continued from September 14, 1988. Commissioners Burger reported on the land use visit; Commissioner Siegfried provided additional information on the area and Pierce Rd. 000018 ti- A LEAGUE OF WOMEN VOTERS LOS GATOS -SARATOGA � & 4C P. O. BOX 2865, SARATOGA, CA 95070 - 0865 PHONE: 408 - 867- VOTE 4e�l t 'd ZL 1_7 -7- Ize ,It r SARATOGA AREA SENIOR COORDINATING COUNCIL P. 0. Box 3033, Saratoga, CA 95070 December 21, 1988 Ms. Susan Guch, Chairman Planning Commission, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Ms. Guch= Subj.: City Council Agenda for 12/21/88 , Item 8 -A: EIR, General Plan Amendment and Rezoning - Former Paul Masson Winery Site By now you have doubtless heard of the City Council's favorable action on the subject item last night. For the Planning Commission's record, I am attaching a copy of a letter which provided the Council an update on the Senior Coordinating Council's position in this matter. The letter, I believe, is self explanatory, with the exception that further clarification may be appropriate in Item 5 -B, which relates to mitigation technology. The letter states: "While this technology has its limits, it is highly desirable to the extent that it is economically feasible... ". The technology referred to is not that of "scrubbing ", which is highly effective in lowering carbon monoxide levels under laboratory conditions but which does not appear to be commer- cially feasible. Instead it refers to the placement of the air intake point for the medical unit's circulation system at a location some distance from the freeway; in order to minimize the intake of polluted air. This point should not be too close to the Cox Avenue intersection, since pollution levels tend to go up as this point is approached. Respectfully, A. J. Beverett Chairman, Special Committee Encls. ,-7), Copy to: City Council SARATOGA AREA SENIOR COORDINATING COUNCIL P. 0. Box 3033, Saratoga, CA 95070 December 21, 1988 Mayor and City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Public Hearing, 12/21/88: Prospective Senior Citizens Continuing Care Facility In view of recent developments, the Board of Directors of the Senior Coordinating Council has voted to provide the City Coun- cil an updated commentary on the Senior Council's position. The restatement, as given below, strongly reiterates our long stand- ing views. In addition, it introduces some refinements brought about by the new developments. 1. There is now stronger evidence than ever of a need for this type of facility in Saratoga. The evidence includes the increases in our senior population, the out - migration of Saratoga seniors to other communities offering facilities more suited to their needs, the backlog of applications for admittance to continuing care facilities in other commun- ities, and construction of new facilities in these communi- ties. In Los Gatos, for example, final plans for a second facility will be presented to the City Council in January. 2. From a social and market point of view, the Paul Masson Champagne Cellars site appears ideally suited to the continuing care center. Moreover, it is highly doubtful that any other undeveloped site in Saratoga is worthy of consideration as an alternative location. The choice facing the City may well be ''this or nothing ". 3. From what has been said, the Senior Coordinating Council understands that the primary remaining concern in the minds of City Council members about the site stems from prospective automobile exhaust from the freeway and Saratoga Avenue. More specifically, the focus of the concern is the exposure of occupants of the medical component to carbon monoxide. The critical question appears to relate to the extent to which carbon monoxide levels at the site will be increment- ally higher than the general levels in the Saratoga area. 4. We have discussed this matter with, among others, chemical engineers and pulmonary specialists in the field of medicine. They have informed us that establishing any arbitrary empiri- cal standards would not remove the uncertainties from the picture. The questions involved include: (a) what is the highest acceptable average hourly emissions peak (in parts per million; (b) what is the highest number of hours per day and days per year that such levels can be tolerated; and 1 (c) how are these factors interrelated, that is, if one is lower, can the others be higher? 5. The Senior Coordinating Council has high hopes that the problem can be resolved, despite its technical aspects, on a judgement basis to the satisfaction of the City Council - -if not by December 21- -then by a reasonable time thereafter. This can be done by three means. > Firsts anecdotal evidence_ We are in the process of developing an impressive list of senior centers, hospitals, convalescent hospitals, and medical buildings - -as well as residential homes and apartments - -that are close to heavily traveled thoroughfares. These locations are the result of many judgement decisions that were made after the assessment or risk factors. This principle can be applied to the development of guidelines for the Saratoga site. > Seconds by mitigation technology to be installed by the developer. While this technology has its limits, it is highly desirable to the extent it is economically feasible, since it can provide significant relief. > Third by further use of outside expertise. We have strong reason to believe that further useful information can be obtained from sources such as the Bay Area Air Quality Control Board, Stanford University, and the research library of Good Samaritan Hospital. We are op- timistic that this information can allay the the remaining concerns among City Council members. 6. The Senior Council understands that if the City Council approves the Environmental Impact Report scheduled to be voted on on December 21, this will not preclude the City from imposing subsequent conditions on the developer (includ- ing conditions relating to air pollution) at a later stage. 7. In view of the foregoing, the Senior Coordinating Council urges the City Council to take the following action on December 21. a. Approve the Environmental Impact Report and General Plan Change b. Inform the developer that ,an acceptable level of mitigation technology (economic factors considered) will be a subsequent condition imposed by the City. C. Urge the developer, the Senior Coordinating Council, City representatives, and the public to develop and present to the City staff such further information re- lating to the problem as they think might be useful. d. Inform the developer that the City reserves the right to prescribe further conditions relating to other aspects 2 of the development. Among these conditions are City approval of the operators and operating policies of the facility and the projected financial costs to seniors expecting to live in the facility, including up -front buy -in costs and subsequent monthly costs. We thank you for your consideration. Respectfully, A. J. Beverett Chairman, Special Committee 3 Lsa Mayor Karen Anderson City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 ( r/ Environmental Assessment Transportation Engineering Resource Management Community Planning Environmental Restoration December 20, 1988 RE: Health Effects of Air Pollution on Senior Citizens Dear Mayor Anderson: In reply to the Saratoga City Council's concern expressed in the public hearing of December 1988, regarding the health effects of air pollution, particularly carbon monoxide, our firm would like to provide some clarification and additional comments on this matter. Several air pollutants have been identified which can cause adverse health effects (respiratory problems) in humans. Ozone, resulting from chemical reactions of hydrocarbons and nitrogen oxides in the presence of sunlight, sulfur dioxide, and nitrogen dioxide can cause irritation to the air passages, difficulty in breathing, and eventual long -term damage to the respiratory system. Carbon monoxide (CO), which can be much more readily absorbed by the red blood cells than oxygen, can result in shortness of breath, headaches, and dizziness. Irritation to the respiratory system would generally result from elevated levels of total suspended particulates. The adverse effects of air pollutants can also increase the susceptibility of individuals to respiratory infections. Federal and state ambient air quality standards to control pollutants are based upon epidemiological studies. These standards are the levels of air quality considered safe, with an adequate margin of safety to protect the public health and welfare. Land uses such as schools, hospitals, and convalescent homes are considered to be relatively sensitive to poor air quality because the young, the old, and the infirm are more susceptible to respiratory ailments and other air quality - related health problems than is the general public. In the South Bay, nitrogen dioxide and sulfur dioxide are currently not a problem in the area. The Bay Area Air Quality Management District (BAAQMD) does not expect these standards to be exceeded in the future. Total suspended particulates would only pose a local problem if a major construction project or industrial plant were located near sensitive receptors. However, construction is typically short term and mitigation measures, such as water ❑ 1 Park Plaza, Suite 500 • Irvine, California 92714 • (714) 553 -0666 X 157 Park Place • Pt. Richmond, California 94801 e (415) 236 -6810 lsa spraying and tarpaulins on haul trucks, can satisfactorily reduce total suspended particulates. Ozone is the most severe air quality problem in the Bay Area, especially in northern Santa Clara County, where concentrations occasionally have approached the first -state Health Advisory Level (0.2 parts per million; the Federal Ambient Air Quality Standard for one hour is 0.12 ppm while the State Standard is 0.10 ppm). The problem is expected to become worse in the future as growth occurs in the area. Ozone concentrations recorded at the BAAQMD's Los Gatos monitoring station indicate that the ozone problem is widespread in the southern Bay Area and is not site specific. Carbon monoxide, primarily emitted by motor vehicles, generally follows the spatial and temporal distributions of vehicular traffic. Concentrations of this pollutant are also influenced by meteorological factors such as wind speed and atmospheric mixing. The one -hour and eight -hour CO standards have been occasionally violated in the Santa Clara Valley. According to the BAAQMD, the eight -hour standard has been exceeded two -to -three times per year for the last three -to -four years by approximately 10 -to -20 percent. "Hot spot" monitoring by the BAAQMD in the San Jose area has revealed that CO may become trapped under a regional inversion. Under these conditions, CO concentrations throughout the affected area will be relatively high. This condition may extend as far west as Saratoga which is currently at the edge of the affected area. Existing background CO concentrations in the project vicinity are low compared to those measured in downtown San Jose. In the Final Environmental Impact Statement on the Route 85 Transportation Corridor Pro.iect completed in July 1987 by Caltrans and the Federal Highway Administration, modeling and analysis of air pollutants forecast from the project do not appear to pose a problem. Caltrans data of receptors indicated that CO levels adjacent to the freeway would be 8.7 -8.8 pp,.. for an eight -hour average, just below the 9.0 ppm state and federal standard. Air quality is expected to improve markedly within 100 feet from the freeway as CO disperses and becomes diluted with other atmospheric gases. Further, because of the prevailing northerly winds, areas north of the planned freeway, including the proposed Les Maisons Provencal project site, could be expected to experience fewer adverse effects from CO pollution. Current evidence indicates that air quality in the vicinity of the proposed Les Maisons Provencal project would not exceed state and federal standards as a result of the planned construction of State Highway 85. It is acknowledged, however, that the overall background quality of air in the South Bay area will decrease in the future. Lsa When there are periods of high concentrations of air pollutants in the South Bay area or there are Health Advisory Alerts, the Environmental Protection Agency (EPA) and the BAAQMD recommend that the elderly and the infirm should not engage in heavy exercise or physical exersions. During the public hearing, the City Council requested that methods be looked at for filtering outside air for indoor use. According to the EPA, there are presently no economically feasible methods to adequately filter large volumes of outdoor air to improve the quality through removal of CO and other pollutants (Mike Stenberg, Director of Air Toxics, Environmental Protection Agency, Region IX, 1988). Moreover, the EPA also cautions that indoor air may contain levels of other harmful pollutants such as formaldehyde and volatile organics. Thank you for this opportunity to respond to your concerns about air quality resulting from the project. Sincerely, LSA ASSOCIATES, INC. Malcolm J. Sproul Principal MJS /BL /bl(CIS801) Saratoga Area S� SENIOR COORDINATING COUNCIL SCC P. O. Box 3033• Saratoga, California 95070 (408) 867 - 3438 A 57 Mr. Dennis Reichart January 16, 1989 Les Maisons Provencal 13150 Saratoga Avenue Saratoga, CA 95070 Dear Mr. Reichart Subject: Prospective Senior Continuing Care Complex As you know, the Senior Coordinating Council has given strong support to the prospective complex in its conceptual stage, and the conceptual plan has been approved by the City. Now that you are in the process of developing your final proposed plans, we believe it is proper to inform you and appropriate City representatives of our concerns at the present stage. We hope, that these concerns can be taken into account. The concerns are discussed briefly in Attachment 1 (which is not intended as an all- inclusive list). The discussion is not intended as a criticism of you or your organization. In some cases the concerns may simply reflect unanswered questions which are in our minds and which can be answered by passing along information. In other cases they may warrant further study or investigation. We are sending copies of this letter to various City repre- sentatives we believe would have an interest. Some of the con- cerns have to do with issues which the Planning Commission may consider to be outside its primary sphere of responsibility. These issues, which might be described as "social" issues, are doubtless within the City Council's sphere of interest. We appreciate the willingness shown by the developer's representa- tives and City representatives to work together in pursuit of goals which are common to us all. You will note that the scope of this communication largely excludes the "townhome" side of the prospective development, since seniors are far less directly involved there. We would appreciate your comments, together with any timetables you may be in position to provide. A. Beverett Chairman, Special Committee CC: City Council City Planning Commission City Manager City Planning Director City Legal Counsel Betty Eskeldson President SOME CONCERNS RELATING TO THE DEVELOPMENT AND OPERATION OF THE PROSPECTIVE CONTINUING CARE COMPLEX 1. Operator of Continuing Care Facility We understand that the you have not selected or recommended an operator of the Senior side of the complex. We believe that this is probably the most important re- maining factor having to do with the success or failure of the undertaking. We have reviewed numbers of successes and numbers of disappointments and failures in continuing care operation. We propose the following as essential criteria in the selection of an operator. (a) Operator should have a good reputation. (b) Operator should have extensive successful experience in continuing care operation. An operator with a good track record is greatly to be desired over relative newcomers. (c) Operator should have adequate financial resources. (d) Operator must accept permanent (or at least long range) responsibility. Fly -by -night or get- in -and- get -out operation is strictly unacceptable. (e) It would be highly desirable to have an operator that is a non- profit organization (and better yet an operator sponsored by a religious organization) if other criteria can be met. The existing,continuing care complex in Los Gatos is operated by such an organi- zation (Episcopalian). The prospective second complex in Los Gatos is to be operated by another (Baptist). This type of organization has developed a good reputation throughout the country. It typically imposes no requirements relating to religious beliefs or lack of them as a condition of entry. It provides facilities for worshipers of all faiths. It has proven that it can provide adequate financial resources and capable management. We hope that the list of such operators can be fully investigated and exhausted before another type of operator is selected. 2. Risks Associated with Proximity of Freeway a. Noise Insofar as we are aware, all concerned have agreed that the noise factor can be sufficiently mitigated by various screening and insulation measures. We are not yet awaare of all the engineering and archi- tectural details of how this will be done, and we would like to know more. b. Exhaust Pollution - - - - - -- --- - - - - -- It is our understanding- -based on discussions with City representatives in work sessions, public hearings and individual contacts- -that the primary pollution risk of concern to City Council members is that of the effect of carbon monoxide upon non- ambulatory occupants of the medical component. All agree that the general air.quality in the South Bay area is considerably less than ideal. The specific question here is whether the prospective carbon monoxide levels in the medical component would be enough higher than those in another location (say a half mile away) to cause significantly higher adverse impacts on bedridden seniors. The question thus relates to the incremental adverse impacts associated with the site. We have made initial contacts with physicians, and with representatives of Good Samaritan Hospital and Bay Area Air Quality-Management District. Those contacts have thus far led to some tentative conclusions. (a) Good scientific research that will provide absolute and final answers satisfactory to all concerned may be non- existent. There is reason be believe, how- ever, that continued search of the literature may turn up further guidelines that are helpful in the exercising of judgement. (b) The tentative majority judgement (although not the unanimous judgement) of professionals contacted thus far reflects doubt that the addded carbon monoxide risks associated with this site are great enough to warrant discarding the site on the basis of this factor alone. Supporting rationale can be provided. (c) We understand that further study and research are now under way and /or under consideration, including a model of carbon monoxide dispersion as related to distance from pollutant source (freeway). We are hopeful that such study and research can provide sufficient information to allay the concerns ex- pressed by City Council members. 3. Economic Factors as Viewed by Prospective Residents Below are some of the important factors about which no specific information is yet available. 2 a. Initial buy -in costs (for units of the various sizes) b. Monthly fees C. Services included in costs d. Depreciation /Appreciation factors associated with unit ownership e. Conditions of sale or transfer. The above factors are obviously interrelated. For example, if an owner's equity interest in a condominium should erode to zero over a period of, say, five or ten years, that could be offset by either lower buy -in costs, lower monthly fees, or more services - -or some combination of these. 4. Design Factors as Related to Residents' Economic Resources One of the most common questions we get from seniors about the project is "Will only the financially elite and upper crust be able to-afford it?". We are aware that with today's land and construction costs, residency can not be offered to those with financial resources below certain levels. At the same time, we believe that many of the City's present seniors are probably only marginally qualified. We believe that every effort should be put forth to make the facilities and services of the complex available to as many of these seniors as possible. We suggest that two possible avenues be investigated to see if they might prove feasible: (1) Design and construct more smaller size units (2) Offer prospective residents options containing fewer services and lower costs Perhaps other avenues are available. If so, we strongly suggest that they be investigated. 5. Design Factors Related to Seniors' Functional Needs We have not reviewed with anybody such factors as size and capacity of joint kitchen and dining facilities and size and capacity of recreational facilities. We have some in- formation about the skilled nursing and personal care facility. We understand that your architect, Mr. Tucker, has had experience in designing continuing care facilities in other locations. If you and he agree, it might be appropriate for him to meet with our representatives and representatives of the City to discuss this subject. 6. Construction and Completion Schedules - Townhome Side vs. Senior Side We do not know the timing of your schedules. We strongly suggest that the construction of the two components not be scheduled sequentially, that is, the townhome side first and the senior side second. We realize of course that the "percentage of completion" factors for the two sides can not be maintained exactly the same during all phases of the construction. We believe, however, that there should not be substantial lags in the development of the senior side; and that each side should be considered of equal importance in the planning process. 7. Design Factors Relating Primarily to City Standards This category includes such factors as setbacks, open space, architectural style, roof heights, circulation patterns and landscaping. It applies to the townhome as well as the senior side of the development. The Planning Commission and Planning Staff represent the City in the analysis and discussion of these factors. The Senior Coordinating Council will be glad to provide such inputs as it can when called upon. n. SARATOGA AREA SENIOR COORDINATING COUNCIL P. 0. Box 3033, Saratoga, CA 95070 December 21, 1988 Mayor and City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Public Hearing, 12/21/88: Prospective Senior Citizens Continuing Care Facility In view of recent developments, the Board of Directors of the Senior Coordinating Council has voted to provide the City Coun- cil an updated commentary on the Senior Council's position. The restatement, as given below, strongly reiterates our long stand- ing views. In addition, it introduces some refinements brought about by the new developments. 1. There is now stronger evidence than ever of a need for this type of facility in Saratoga. The evidence includes the increases in our senior population, the out - migration of Saratoga seniors to other communities offering facilities more suited to their needs, the backlog of applications for admittance to continuing care facilities in other commun- ities, and construction of new facilities in these communi- ties. In Los Gatos, for example, final plans for a second facility will be presented to the City Council in January. 2. From a social and market point of view, the Paul Masson Champagne Cellars site appears ideally suited to the continuing care center. Moreover, it is highly doubtful that any other undeveloped site in Saratoga is worthy of consideration as an alternative location. The choice facing the City may well be "this or nothing ''. 3. From what has been said, the Senior Coordinating Council understands that the primary remaining concern in the minds of City Council members about the site stems from prospective automobile exhaust from the freeway and Saratoga Avenue. More specifically, the focus of the concern is the exposure of occupants of the medical component to carbon monoxide. The critical question appears to relate to the extent to which carbon monoxide levels at the site will be increment- ally higher than the general levels in the Saratoga area. 4. We have discussed this matter with, among others, chemical engineers and pulmonary specialists in the field of medicine. They have informed us that establishing any arbitrary empiri- cal standards would not remove the uncertainties from the picture. The questions involved include: (a) what is the highest acceptable average hourly emissions peak (in parts per million; (b) what is the highest number of hours per day and days per year that such levels can be tolerated; and 1 ,1 (c) how are these factors interrelated, that is, if one is lower, can the others be higher? 5. The Senior Coordinating Council has high hopes that the problem can be resolved, despite its technical aspects, on a judgement basis to the satisfaction of the City Council - -if not by December 21 - -then by a reasonable time thereafter. This can be done by three means. > First, anecdotal evj4ence. We are in the process of developing an impressive list of senior centers, hospitals, convalescent hospitals, and medical buildings - -as well as residential homes and apartments - -that are close to heavily traveled thoroughfares. These locations are the result of many judgement decisions that were made after the assessment or risk factors. This principle can be applied to the development of guidelines for the Saratoga site. > Seconder by mitigation technology to be installed by the developer. While this technology has its limits, it is highly desirable to the extent it is economically feasible, since it can provide significant relief. > Third, by further use of outside expertise. We have strong reason to believe that further useful information can be obtained from sources such as the Bay Area Air Quality Control Board, Stanford University, and the research library of Good Samaritan Hospital. We are op- timistic that this information can allay the the remaining concerns among City Council members. 6. The Senior Council understands that if the City Council approves the Environmental Impact Report scheduled to be voted on on December 21, this will not preclude the City from imposing subsequent conditions on the developer (includ- ing conditions relating to air pollution) at a later stage. 7. In view of the foregoing, the Senior Coordinating Council urges the City Council to take the following action on December 21. a. Approve the Environmental Impact Report and General Plan Change b. Inform the developer that an acceptable level of mitigation technology (economic factors considered) will be a subsequent condition imposed by the City. C. Urge the developer, the Senior Coordinating Council, City representatives, and the public to develop and present to the City staff such further information re- lating to the problem as they think might be useful. d. Inform the developer that the City reserves the right to prescribe further conditions relating to other aspects 2 'A of the development. Among these conditions are City approval of the operators and operating policies of the facility and the projected financial costs to seniors expecting to live in the facility, including up -front buy -in costs and subsequent monthly costs. We thank you for your consideration. Respectfully, A. J. Beverett Chairman, Special Committee 3 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM i MEETING DATE: December 7, 1988 ORIGINATING DEPT.: City Clerk CITY MGR. APPROVAL SUBJECT: Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Weeds Recommended Motion: Adopt resolution ordering abatement. Report Summary: The attached resolution represents the second step in the weed abatement process for this season. The County has sent the owners of the parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. Fiscal Impacts• None to City. County recovers costs from administrative portion of fee charged. Attachments: Resolution. (List of parcels requiring weed abatement is available at City Clerk's office.) Motion and Vote: 11 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �l_ �� AGENDA ITEM MEETING DATE: 12 -7 -88 CITY MGR. APPROVAL Are ORIGINATING DEPT: ENGINEERING j SUBJECT: FINAL BUILDING SITE APPROVAL FOR SD 87 -021, ALTA VISTA AVENUE, DAVID E.S11I0,1AN Recommended Motion: Approve Resolution No. SD 87- 021 -02 approving Final Building Site Approval. Report Summary: 1. Owner is constructing second story to existing house. 2. Owner has completed all conditions for Final Map Approval. 3. Owner has paid all fees. Fiscal Impacts: None. Attachments: 1. Resolution.'SD 87- 021 -02. 2.. Resolution Approving Tentative Map. 3. Location Map. Motion and Vote: RESOLUTION NO. SD 87- 021 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF ESHLEMAN The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 14,616. square feet parcels shown as Lot 23 on Tract Map at Williams Subdivision recorded in Book of Maps Page 69 and submitted to the City Engineer, City of Saratoga, be approved as one '(1) individual building site. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the vote: • AYES: NOES: ABSENT: ATTEST: L day of , 19 by the following CITY CLERK MAYOR RESOLUTION NO. SD -87 -021 RESOLUTION APPROVING TENTATIVE MAP OF 14130 Alta Vista Avenue 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 lot, all as more particularly set forth in File No. SD -87 -021 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 4/27/88 being hereby made for further particulars, and WHEREAS, this body has heretofor received and considered the (Categorical Exemption) 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 tentative approval should be granted in accord with conditions as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 30th day of October, 1987 and is marked Exhibit C in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as more particularly set forth on Exhibit A and incorporated herein by reference. The above and foregoing resolution was duly passed and adopted by the Planning Commission at a meeting thereof held on the 27th day of April, 1988, at which a quorum was present, by the following vote: AYES: HARRIS, GUCH, SIEGFRIED, BURGER NOES: NONE ABSENT: TUCKER, KOLSTAD ATTEST: Chairman, Planni Commission Secretary, Planning Commission A:RESTM 1 SD -87 -021, 14130 Alta Vista Avenue EXHIBIT A 2 GENERAL CONDITIONS 1. The applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. SPECIFIC CONDITIONS - ENGINEERING DIVISION - N.A. Existing Lot of Tract. 2. 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). - Done with Tract Map. 3. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. half- street on Alta Vista. - N.A. 4. Submit "Irrevocable Offer of Dedication" to provide easements, as required. - See Deferred Improvement.-_4 ' 5. Improve Alta Vista to City Standards. 6. Construct standard driveway approaches - N.A. 7, Watercourses must be kept free of obstacles which will change, retard or prevent flow. - See Deferred Improvement. 8, Engineered improvement plans required for street improvements. - Paid. 9. Pay plan check inspection fees as determined from improvement plans. - Done. 10. Enter into "Deferred Improvement Agreement" for the required improvements, described in Conditions 5, 6, and 8. - With Building Permit. SPECIFIC CONDITIONS _ SANTA CLARA COUNTY HEALTH DEPARTMENT \ 11. A sanitary sewer connection will be required. - With Building Permit. 12. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health standards. Contact the district sanitarian for final inspection upon completion. - Existing Water Service. 13. Domestic water shall be supplied by SJWW. 2 SD -87 -021, 14120 Alta Vista SPECIFIC CONDITION - SANTA CLARA VALLEY WATER DISTRICT Done. 14. A flood control easement as required by S.C.V.W.D. shall be dedicated to District prior to final map approval. SPECIFIC CONDITION _ PLANNING DEPARTMENT 15. Tree removal is permitted only in accordance with the City Code Section 15- 50.050. The foregoing conditions are hereby accepted Signature of Application Date 97 DEFERRED It•ICRovi7vU'NT Ar- RrUlrNT nY ONNCR OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPM1•:NT TMl11(OV1:MFNTS Project identification: SD 87- 021 -02 This agreement between the CITY OF SARATOCA, hereinafter referred to as CITY, and DAVID ESHLEMAN hereinafter referred to as 'Owner ". WHEREAS, Owner desires to develop the property described in Exhibtt "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. ACREE•MENT 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 in this area done at once, 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 ",3 ". (Cross out improvements that are not re- quired.) 1. Curb and gutter + 11. 2. Sidewalks 3. Driveways 12, 4. Street grading, base and paving S. Storm drainage facilities r.. 1 pl a r1 �^s 8. Underground conduit with wi.•ing and pull boxes 9. Bnrrlcades and other improve- ments needed for traffic safety 10. Street trees a-id other improve- ments between curb and property Relocation of existing fences, signs and utilities Paynent of a pro rata share of the costs as determined by the Dept, of Public Works of a storm drainage or street inprovement which has been, or is to be, provided by others or jointly provided by owner anti others where such facility benefits the property dt:scribcd in Cxhibit "A" �GFf C. l.hvn Che Direct.ur of 1'ul,lic ldurks dvtcrmina:: that the rc:asans for the deferment of the improvements as set forth in Section II nn lonl;crr exist, he shall noLLfy Owner in writing to commence their installation and construction. The . notice •sliall l.e mailed. to the current owner or o;whers of tl{e land as shown on the latest adopted county assessment roll. The notice shall describe the work to be done by owners, the time within which the work shall commence and the time within which it shall be completed. All or any portion of said improvements may be required at• a specified time. Each Owner shall participate on a pro rats 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 amouncto be paid and the time when payment must be made. III. PERPORMNCE OF TILE 14ORK Ci Owner agrees to perform -the work and make the payments required by ty a s 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 shall be done in accordance with City pstandards nine effect fats the Ttimeothe improvement plans are submitted for approval. .Owner agrees to coranm and complete the work within the time specified in the notice given by the Director Of Public Works and to notify the City at least 48 hours prior to i 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 COOPERATIVE PLAN da'ner agrees to cooperate -upon notice. by City with other property owners, .the City and other public agencies�to provide the improvements set forth herein under .a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. V REVIEW OF REOUIREMENTS If Owner disagrees with the requirements set forth in any notice to commence installation of improvements he shall, within 30 days of the date the notice was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both ! the.. City and the Owner. VI MAIt;TE\ANCF. OF IMPROVE' fE• NTS 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 arc installed within rights -of -way or ease- ments dedicated and accepted by resolution of the City, after the expira- tion of one year from date of satisfactory completion, Owner to maintain said improvements at Owner's sole cost and expense at all such acceptance by City. times prior to Olwncr agrees to provide any necessary temporary drainage facilities, access road or other required imorovements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. VII. BONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a -faithful perfortnaficc bond and .a labor and materials bone! in an nrAount and form acceptablelto City,.to be released by City Council in whole or in part upon completion of 111e work required and payment of all persons furnishing labor and materials in the performance 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. INDE;N, ITY - The Owner shall assume the defense and indemnify and save haralless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to , property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his. employees, agents, con - .tractors, subcontractors, or his employees, agents, contractors, subcontrac- tors, or anyone directly or indirectly employed by either of them, or • arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non - performance of the work. IN WITNESS WHEREOF, City has executed this agreement as of CITY OF SARATOCA (Individual) STATE OF CALIF ORNIA SS. COUNTY OA� r�/ �%lM^'\ F a/y�41(n On QQC4 _ s i Int before me, the under - signed, a Notary Public in and for said State, personally appeared W lAd iA N 65M A.1AtJ W /` . QOM At3 t W n Npersonally known to me (or proved to me on the basis of satisfactory ,0 evidence) to be the person(s) _ whose name \subscribed to the within instrument and acknowledged that executed the same. I WITNESS my hand and official seal. Signature STC ar Name (Typed or Printed) QC) 616. �19C.OG+O�CIC+OC+OCL9CC'J6sClC� OFFICIAL SEAL I MILLER NOTARY PUBLIC -CALIFORNIA SANTA CLARA COUNTY My arrodssion Expires March 12, 1991 pOOCl6i0060C JCfi)C+OCOC490CJGX9C+OGOOCkX (This area for official notarial Beall 0 VII. BONDS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a -faithful performarice bond and •a labor and materials bond in an amount and form acceptableito City,.to be released by City Council in whole or in part upon completion of the work required and paymnent of all persons furnishing labor and materials in the performance 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. INDEM, M The Owner shall assume the defense and indemnify and save harmless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to , property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, con- tractors, subcontractors, or his employees, agents, contractors, subcontrac- tors, or anyone directly or indirectly employed by either of them, or arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non - performance of the work. IN WITNESS WHEREOF, City has executed this agreement as of CITY OF SARATOCA MAYOR IN WITNESS WHEREOF, Owner has executed this agreement as of // O `O 06ner (This document to be acknowledged with signatures as they appear on deed of title.) APPROVED AS TO FbFU: 4r IV t ` SARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. �S- 313 MEETING DATE: 12/7/88 ORIGINATING DEPARTMENT: Planning AGENDA ITEM FA CITY MGR. APPROVAL SUBJECT: DR -88 -079; Leckrone, 19521 Douglass Lane, Appeal of Planning Commission Approval to Construct a 2nd Story Addition Recommended Motion: Deny the appeal and affirm the decision of the Planning Commission. Report Summary: On October 26, 1988, the Planning Commission held a public hearing and approved a design review permit for Daniel and Helena Leckrone to construct a 2nd story addition to their home. On November 4, 1988 Mrs.Mary Ann Welch appealed the decision citing a violation of deed restrictions, an unreasonable interference with views and privacy, and excessive bulk of the proposed structure. Fiscal Impacts: None Attachments: 1. 2. 3. 4. 5. 6. 7. 8. Motion and Vote A:leckrone Memorandum to City Council Planning Commission minutes dated 10/26/88 Resolution DR -88 -079 Staff report to Planning Commission Questions submitted by appellant, received 10/26/88 Letter of Mr. & Mrs. Thomas Welch, received 10/26/88 Appeal letter with attachments Correspondence received. 01-30001 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: City Council DATE: 12/7/88 FROM: Stephen Emslie, Planning Director SUBJECT: DR -88 -079; Leckrone, 19521 Douglass Lane, Appeal of Planning Commission approval to construct a second story addition --------------------------------------------------------------------------------- Background /Description Daniel and Helena Leckrone submitted an application for design review to construct a 2nd story addition to an existing home. During the hearing, the applicant agreed to install additional landscaping to reduce the potential impact of the structure. The site is a 35,937 sq. ft. lot in an established neighborhood of mixed one and two -story single - family dwellings. The parcel is bordered by mature landscaping consisting of trees and shrubs resulting in the impression of a solid wall of vegetation on the rear and sides of the property. Topography of the site is level. A 4,000 sq. ft. home with a pool in the rear yard is currently located on the site. Issues of the Appeal The following are comments from the appellant's letter to the City: 1. The CC &R's of the homeowners association were not used as part of the approval process. Response: Deed restrictions are accords voluntarily entered into by the various property owners of the homeowners association. The City is under no obligation to consult declarations of restriction in rendering decisions and unless the City is named as a beneficiary of the CC &R's, it cannot enforce private agreements. These restrictions are enforced by the homeowners and are subject to California Civil Statutes. As a result, the Planning Commission did not consider the applicant's deed restriction in their decision. (Note: Deed restrictions to this subdivision allow homes 2 -1/2 stories high). 2. An unreasonable interference with views and privacy. Response: The second story addition is proposed to be located nearly 200 feet from the appellant's home. At this distance, the addition will not intrude into or violate the neighbors privacy. The appellant also claims a 50% loss of a current westerly view to the mountains from 000002 r Memo to City Council Re: DR -88 -079; Leckrone, 19521 Dougalss Lane r this project which measures 35 feet by 27 feet and less than 26 feet high. The Commission considered the claim of lost views by the neighbors and found it not to be significant. 3. The perception of excessive bulk. Response: The proposal would occupy approximately one -third of the footprint of the existing home. The project design incorporates elements of the Residential Design Handbook guidelines such as varied roof lines, horizontal architectural features, and compatible proportion and design to the neighborhood. The project is also consistent with the guideline that encourages variety in design to avoid monotony of regularly spaced buildings at uniform height. The two -story element on only a portion of the home provides relief to the roofline of single story structures without overwhelming existing residences. Finally, setbacks from property lines are in excess of the minimum required for the zone district, which serves to minimize the height of the structure. In spite of these features, the Commission adopted an additional condition to the permit requiring further landscaping to soften the addition. Alternatives to the second story addition include various schemes that would maintain the present one -story design. The first alternative would add a wing to create a "U" shaped home. This would require filling in the swimming pool and reducing the size of the rear yard. Extending the garage westerly to the minimum sideyard setback is an alternative. This would require the relocation of the overhead garage doors from the western end to the southern, front, of the house. The new orientation of the doors would be toward Douglass Lane. The staff has concluded that these alternatives are less desirable than the proposed second story addition. Filling in the existing pool and excavating at another location to replace the pool is not a practical solution. Extending west from the garage would create a long, unbroken ridge line and the unpleasing architectural feature of garage doors on the front of the home. Finally, the Council should be aware that the elevations have been slightly modified since the Planning Commission meeting in order to make the second story addition more compatible with the existing home. These changes, structurally minor in nature, include different size and shaped windows, a peaked roof over the first story addition and the addition. of support beams under the deck. These architectural improvements have blended the second story addition with the existing home. Memo to City Council Re: DR -88 -079; Leckrone, 19521 Douglass Lane Recommendation: Deny the appeal and affirm the decision of the Planning Commission. The Commission considered all issues and made the required findings to approve the project. Steph n Ems lie Planning Director A:Leckrone 000004 PLANNING COMMISSION MEETING OCTOBER 26, 1988 PUBLIC HEARINGS Consent Calendar Page 3 ISBURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. Passed Comma er Siegfried absent. Commissioner Harri ' grated her concern and added that covered parkin ted. Chairperson Guch also qu ed the visual impact of the proposed ort; Staff was unaware of existing vegetation along Pinnac Planner Caldwell suggested a Condition be a ohibit outside storage in this area. The City Attorney confirmed that the Co ion urisdiction over the carport in this Appli- cation. Consensus reached to Contin is Item pending a earance by the Applicant. HARRISBURGER M TO CONTINUE DR -88 -059 TO NOV R 9, 1988, Passed 5 -0- ;ggfried mmissioner ' rted absent. URGER MOVED TO RECONSIDER DR -88 -079. Passed 5 -0 -1, Comm ner absent. 5. DR -88 -079 Leckrone, 19521 Douglass Lane, request for design review approval to construct a 988 sq. ft. second story addition in the R -1- 40,000 zoning district per Chapter 15 of the City Code. Total floor area proposed to be 5,400 sq. ft. ------------------------------------------------------------------------------------------------------ - - - - -- Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Commission dated October 26, 1988. The Public Hearing was opened at 8:05 P.M. Ms. Maryanne Welch, 19520 Kenosha Ct., presented a written statement and commented: Reviewed communications she received regarding this Application Expressed sympathy for the Applicant's loss during the fire; however, she was the only home- owner affected by this addition of a second story addition Existing shrubbery and landscaping was insufficient as viewed from her kitchen window Was in a planned community with a green belt and was unfavorable to the design proposed Questioned the impact on the value of her home and asked that a real estate person assess such Mr. Dan Leckrone, Applicant, commented as follows: - From the existing roof, he could see the neighbor's roof line; there was no privacy intrusion - Felt that the proposed second story structure could probably not be viewed from his neighbor's yard due to the screening provided by a series of trees - Concluded that there would not be view intrusion for the neighbor - Confirmed that vegetation would screen the proposed addition BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. Passed 6 -0. Commissioner Burger noted that 90 ft. existed between the addition and the neighbor's home; in addition, there was heavy landscaping; if impacts occurred it would be to the property to the west. Commissioner Tappan suggested consideration of liquid ambers or similar trees to soften any impact of the facade; he questioned whether the rear neighbor had a view of the Applicant's site. Commission Harris was favorable to a Condition requiring plantings near the house; she concurred that there was substantial distance between the homes and existing landscaping was substantial. Planner Caldwell confirmed the Commission's intent was to soften, rather than screen, the addition HARRISBURGER MOVED APPROVAL OF DR -88 -079 PER THE MODEL RESOLUTION, ADDING A CONDITION THAT STAFF EVALUATE LANDSCAPING PLANS FOR THE REAR YARD TO DETERMINE WHETHER THERE WAS ADEQUATE FOLIAGE TO SOFTEN THE FACADE OF THE ADDITION. Passed 5 -0 -1, Commissioner Siegfried abstaining 8. Les Maisons Provenca , development plan for the former City Code. ;approval of a conceptual pursuant to Article 15 -21 of the reviewed the Report to the Planning Commission dated October 26, 1 000005 Design Review RESOLUTION NO. DR -88 -079 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received an application for design review approval of plans to add a second story at 19521 Douglass Lane, and; WHEREAS, the Planning Commission held a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence, and; WHEREAS, the applicant has met the burden of proof required to support said application, and the following findings have been determined: -The height, elevation and placement of the project on the site does not unreasonably interfere with views of the surrounding residences in that the site is located in a level neighborhood that does not enjoy significant views. -The project does not unreasonably interfere with the privacy of the surrounding residences in that the siting of the second story and presence of landscaping, screen the dwelling from adjacent neighbors. -The natural landscape is being preserved by minimizing tree removal, soil removal, and grade changes in that no tree or soil removal or grade changes are proposed. -The project will minimize the perception of excessive bulk in relation to the immediate neighborhood in that the addition of the second story covers only a small portion of the residence. -The project is compatible in terms of bulk and height with those homes within the immediate area and in the same zoning district in that other two -story residences are present in the area. -The project will not interfere with the light, air, and solar access of adjacent properties in that the proposal is to maintain existing setbacks and conform to City height restrictions. -The plan does incorporate current Saratoga grading and erosion control standards in that no grading of the site is proposed. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in 000006 r DR -88 -079; 19521 Douglass Lane connection with this matter, the application of Daniel Leckrone for design review approval be and the same is hereby granted subject to the following conditions: 1. The development shall be located and constructed as shown on Exhibit "A ", incorporated by reference. 2. Prior to submittal for building permit or grading permit, a zone clearance shall be obtained from the Planning Department. 3. Landscaping to soften the rear elevation shall be planted in the line of site between the home to the rear and the second story. Landscaping to be approved by the Planning Director. 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: Construction must be commenced within 24 months or approval will expire. Section 4. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 5. The applicant shall affix a copy of this resolution to each set of construction plans which will be submitted to the Building Division when applying for a building permit. Section 6. 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 26th day of October 1988 by the following roll call vote: AYES: Commissioners, Guch, Harris, Burger, Tappan, Kolstad NOES: None ABSENT: Tucker ABSTAINING: Siegfried Chairperson, Planning C ission A T T ST: Sec etary, 151an'ning"Tdommission The foregoing conditions are hereby accepted. Signature of Applicant Date 5 00000'7 01 REPORT TO THE PLANNING COMMISSION FROM: Jacobson DATE: 10/26/88 PLNG. DIR. APPRV.� APPLICATION NO. & LOCATION: DR -88 -079; 19521 Douglass Lane APPLICANT /OWNER: Leckrone APN: 397 -16 -062 Q I 1 (6) 117753 0) (4) CI) 37(6 19701 1 g651) 19607 14400 19700 19644 3Q7- li -5O 397-17-51 397-/6-75 397 -/6-73 397-1(o-72 19565 19 5 19 (3% OCQ 397 -/� -71 397-1(6-70 v 19752 y) C 8 C (7) ( 8) Ct) 1448-7 14455 1442(6 W') 397-x7 -S3 317.17 -52 •997 -/6 -77 3117 -17 -0% 14452 = 397 -r7 -22 1962$ C�3) 397 -I(o (20) 397 -16 -G7 C 3) 14448 14475 19 520 �6) BLACK (8) (!9) 017-17 07 317- /6-68 397- /6 - 69 L� 997 -/ 377 -/2 -54 14462 /445o 19 700 397 -/7 SS wo I ..r 5(c 347 -16-78 397-/6 4 545 397-17.21 • Cr o) �) �: 3'17-17-0& I) (9) 14 19 759 70-7 (il) 14625 Cl2) (13 9521 f 397- /(0,a2- 397 -16-80 397-16-64 19573 397 -16-(w 3 i LN. Dovc L- I-►-t• CI) C/o) (9) (q 14-43) 14400 19700 19644 3Q7- li -5O 397-17-51 • 397 -17-59 -/7- 397 -/7-05 397 -/7 -23 v (7) ( 8) Ct) 1448-7 14455 1442(6 14451 397-x7 -S3 317.17 -52 j,7 -17 -58 3117 -17 -0% 14452 = 397 -r7 -22 J C 3) 14448 14475 �6) BLACK 317 -17 -57 017-17 07 (j) 14484 (4J 377 -/2 -54 14462 /445o 397 -/7 SS 397--Y?- 5(c 14494 4 545 397-17.21 • ✓ �) �: 3'17-17-0& J � J� 0 0 J IL File No PLANNER'S WORKSHEET ,/ Trails and pathways map checked ✓ Vicinity /locator map included /Dimensions shown on plot plan kJO Adjacent structures ✓ Directional arrow ,\JO Trees labelled ✓ Plans reflect field conditions ✓ Heights shown on cross sections • ✓ Consistency between elevations, cross sections & floor plans ✓ Natural and finished grade on cross sections ' Height of underfloor & attic areas included in floor area calculations Roof pitch shown All sheets included in submittal with required reductions Colors submitted Staff Reports Conditions from other agencies /department correct ✓ Consistent figures throughout report ✓ History files examined Correct address & application number on all pages of the report _ /Description consistent with advertisement ✓ Plans labelled ✓/ Order of attachment consistent with list ✓ All attachments included Typographical errors corrected /Dates on the resolutions correct -//Applicant notified of recommendation .✓ Applicant notified that staff report available Fri. 3 -4:00 p.m. A:checklist ()00009 6/88 t L� File No. DR -88 -079; 19521 Douglass Lane EXECUTIVE SUMMARY CASE HISTORY• Application filed: 8/26/88 Application complete: 9/16/88 Notice published: 10/12/88 Mailing completed: 10/13/88 Posting completed: 10/6/88 • PROJECT DESCRIPTION: Pursuant to City Code Section 15- 45.060, applicant proposes to construct a 988 sq. ft. second story addition to include 412 sq. ft. of deck. PROJECT DISCUSSION: The project meets all City zoning regulations. This site is suitable for the development of a second story to the existing dwelling. Due to the design of the addition, the structure will not appear excessively bulky. All of the required findings can be made. No significant adverse impacts are anticipated. STAFF RECOMMENDATION: Resolution DR -88 -079. ATTACHMENTS: 1. Staff Analysis 2. Resolution DR -88 -079 3. Plans MJ /dsc Approval of application by adoption of 1 000010 0 DR -88 -079; 19521 Douglass Lane STAFF ANALYSIS ZONING: R -1- 40,000 GENERAL PLAN DESIGNATION: RVLD - Residential Very Low Density PARCEL SIZE: 35,937 sq. ft. AVERAGE SITE SLOPE: Level slope GRADING REQUIRED: Cut: -0- Cu. Yds. Fill: -0- Cu. Yds. Cut Depth: Ft. Fill Depth: Ft. MATERIALS & COLORS PROPOSED: Redwood siding to match existing residence painted light tan with dark brown trim. LOT COVERAGE: HEIGHT: SIZE OF STRUCTURE: PROPOSAL 25% (8,984 sq. ft.) 26 ft. 1st Floor: 4,000 sq. ft. 2nd Floor: 1,400 sq. ft. TOTAL: 5,400 sq. ft. CODE REQUIREMENT/ ALLOWANCE 35% (12,578 sq. ft.) 26 ft. 5,688 sq. ft. SETBACKS: Front: 41 ft. Front: 30 ft. Rear: 53 ft. Rear: 45 ft. Right Side: 20 ft. Right Side: 20 ft. Left Side: 48 ft. Left Side: 20 ft. PROJECT DESCRIPTION: The applicant proposes to repair an existing home damaged by fire, enlarge a 3 -car garage, and construct a 988 sq. ft. second story addition including 412 sq. ft. of deck. The second floor is proposed to cover approximately one -third of the existing home and be located 48 feet from the nearest side property line and 100 feet from the rear property line. The border of the site is characterized by mature landscaping consisting of trees and shrubs. The impression made is one of a solid wall of vegetation on the rear and sides of the property. The topography of the entire neighborhood is relatively level. Due to the location of the second story, amount of landscaping, and flatness of the area, there is not expected to be any loss of privacy by nearby residents. Furthermore, there would be no loss of 2 000011 ri DR -88 -079; 19521 Douglass Lane views with construction of this project. RECOMMENDATION: Approval by adoption of Resolution DR -88 -079. 3 000012 a M-", - -� i i J . ........... l A Ile- 0000ia I s -.0-10-40000, uwllmwll '-7 wl e. -7oe __!_� �_ �__���_ -tea --"0-0 1-6 rte- - -- - - -- I i ,j. City of Saratoga Attn: Planning Commission Re: 19521 Douglass Lane Saratoga, California Lot No. 13 Gentlemen: May 13, 1988 On Monday night, May 2, the Leckrone family residence located at 19521 Douglass Lane was damaged by a fire which destroyed and /or severely damaged the south end of the residence, including the garage. The Leckrone's have explained to us their plan to rebuild their home as soon as is humanly possible and have discussed with us their desire to reconstruct the damaged area as a two story structure. I have no objection to the proposed reconstruction and urge you to expedite whatever approval process is appropriate to enable its prompt completion. Sincerely, Mr. and Mrs. Thomas Welch 19520 Kenosha Court Lot No. cc: Daniel E. Leckrone Enclosure: Plat 5150 00001 l - N sr i C ° r 10 �q s b'Aeh, aj ofyp` Acre o � q� /64'4 r � ° • � � " a, .� a4ye e\ •�5�,; •KENOS,'; OIL N 8 A oil "d was frtWvd for this SuWiv;sim bg 114 fir,. of Aeylwids R Amu Wes, dated Mard11972. ealilkd,"Sea h,mtlratisn h tends of Gvp ON. Whole ! Deuglon A mwk Saratoga, Osliferw N e Y O � O ado's 4 4r,. ? 0004 'k*s 4s C - •.• a% 41A?Itr� 1s ey,� I � #� � � ��4,1y (•0� co;'e'D� �i r���q 4,., • , , ; IS ages "' Aei•r 7-.7 ¢ N CL 4 0 91 ~•ems �` 8b ?00 h 4 OUC )Ism u, �! a AVEN� - MOTES ACID LEGEND \� Tte blue bade lim WkQfn Ur bomdq of krd snbdlvided a @k ewp / The area within IN blue border Une is 17.424 tent JF_ All ditimm end dnKnsion, rt it - In feet and decilaek 111er•E / PM Indimaies Public W1111 tmmeld y1�ri e SSE k76mk1 Smilary Sever Eo—vk SOE Ildiute Sion Dmisage 15- a e Wiaaio a W km pp 6annm111ei • bdiaetet a W M gip nee 1 food wkr Aff iu mkt f • Wimles a sledeld CiN Nowell Is be vL % • Wirota a stedord Gty aerensA toed r ALSO NOTE: Lets n 11M 22 ON Priwk Coo— Oa Spec 6EOR� S. NOLTE AND ASSOCIATES J ��WILG 21G1NC�r0 -PLAN NE.RS•SURYBYOR4 LJ �_ eu m • a.. ..0 • .. r— M . - w_ wow `1813tI Nr r� BASIS OF_ BEARIN63 Th beorirg,rl6rIGIC1; d tM unlerUrc d Oollglax Rverast re ssl: Aveew is sheen rqm Mwt c°lain map efitkd'Trecf ih6D'tl,tfc,• filed in bmh 2I1 of Mayt el Pope 24 in 1k efi;ts sf tic Cauntg Recorder of to CW% Of Swte Clem. State Of CoGfemie, "s Woo as the basis of bearings stwan UPon fhb map C� AC T V]®. D A 45 0 CONSISTING OF TWO SHEETS BEING ApOrtTION OF THE QUITO RANCHO AND LYING ENTIRELY WITHINTHE CITY OF Cv- APATOGA, CALIFORNIA SCALM r-10(7 ^�j, ^ —� 1b /c CU (NE DATA IM DELTA LENGTH RADIUS NO I DELTA LET76TN RADIIS 1 649114 4409 'Am 9 19333, I zmat Gom ar3rzr 4697 loan 2s I993sr rn 9s 55Om rwisr I26 19-05 21 rtZa aa.bs seam a rWr 4555 team 72 6'Sta3 62 j1 2Am s lavrsr 9942 smm z5 s�D 1I. _atm G tevrsr nue ,0_D 24 54Nr3 40 CD 4200 7 6 70347 Irmw 4300 52Um " !tom 25 K 66.1407 Bn92r 2362 S6.9 mm 40x0 1m; r 215 Woo — 6assar 4611 3"3r 156.11 4400 220m 10 29,&74 7192 150.00 21 it m 64M Mp_ MUD t? SO !1 12.35rr IMS' H37Y, 4853 IK 06 Ste 26000 imm IBDm 12 Q'IB27 13 509T2r BJT1 ,AID to ID-CM M157 r30ID 92 2r•S3r Gies 1600 n 35'7537 eon nom 1 20' ism uom w 19333, 211.(6 620m !4 Gf5r1D tom t000 rt 4z)10 462+ 6r00 is- to mco, 316 bmm 115 2 ►1334 Is5! 4lJD ii 56 UrMS4 93328 336D rA00 46� 26000 C� AC T V]®. D A 45 0 CONSISTING OF TWO SHEETS BEING ApOrtTION OF THE QUITO RANCHO AND LYING ENTIRELY WITHINTHE CITY OF Cv- APATOGA, CALIFORNIA SCALM r-10(7 ^�j, ^ —� 1b /c Appeal Application Mary Ann Welch and 5150 Homeowners Association (Ken Rothmuller - President) Project File No- DR-88-079 Mr_ & Mrs_ D_ Leckrone Second Story Addition with Deck 000021 Name of Appellant: Address: ' Telephone: Name of Applicant: Project File No.: Project Address: Project Description: (TA Date Received:_ Hearing Data:( • Fee _ ' CITY 'USE Ot APPEAL APPLICATION • M4Qy AMW W EL.Cq 5150 140ME-oopG - -pS A %(X , k 1 (oZS �--i- RES I DEM MQ4wQS I) nQr _lC DIt VOUOLACSS I_Aldr- - PG-t,K Li Decision Being Appealed: 4-PPQ VA OP Qpf�t.l CA.-10 D2 8 8- O07�1 C-S16(N A4210 A, 0 L l U6. 11 PL`R.NtiZ • Grounds for the Appeal (Letter may be attached): ire *Please do not sign this applicat ;on until it is presented at the City offices. If you wish specific pp appeal please list them on a separate be notified of this TIIIS APPLICATION MUST BE SUDDtITTCD WITUIN TEN 11 U. A' U 10) CALENDAR DAYS Or 000022 File No. APN AUTHORIZATION FM PUBLIC NOTICING I. k/W f2� 1u1y1.1,G -2 M42 ANIJ ��1�.}} A , as appellant on the above file and property known as JLpN 300 -1(0 - 06 7- , bereby authorize Engineering Data Services to do the legal noticing on the above file. Date: Signature. 000023- DR 88 -079 Leckrone Project Appeal First, we appologize for not bringing some of these issues up at the Planning Commission's design review meeting. There are several reasons why these issues are being raised late in the approval process: 1. Individuals in the 5150 Homeowners Association were approached individually by Mr. Leckrone, not as a group. Mr. Rothmuller suggested very early in the process, a general meeting for a presentation and group discussion. 2. Several people were told that Mary Ann Welch agreed with the proposed project. Since she was one of the closest neighbors who would be affected, others in the Tract felt they should have no reason to object. Ms. Welch never signed any letter agreeing with the project because she had not seen the plans to base her decision. 3. Incomplete information was presented to the homeowners. For example the idea of a balcony and the multi- window rear part of the addition was a surprise to a majority of us. This was discovered after the design review meeting. 4. We thought the Planning Commission would consult the CC&Rs as a part of the process. We did not understand that it was our responsibility to present the relavent sections. 5. Many of us had vague feelings that the plan was "ugly ", but had difficulty expressing this in a concrete and more objective way. After the design review, the appropriate Zoning Regulations and the Commission's Staff report helped us quantify our objections. 6. Once people begain openly discussing the project, many more concerns were raised. 7. None of us fully understood the process. The appeal is based on two issues. First, the CC&Rs of the Homeowner's Associated were not used as a part of the process. Second, we disagree with the planning commission findings as they relate to the Zoning Regulations (15- 45.080). 000024 i DR 88 -079 Leckrone Project Appeal The CURS of Tract 5150 were not taken into consideration. The CC&Rs place additional restrictions on construction and additions for Tract 5150. In particular, the modifications must be approved by the homeowner's architectural committee (refer to the next page). Since George Day is no longer a part of the decision making process, a poll of all of the homeowners in the 5150 Non - Profit Corporation was taken after they heard all of the facts concerning this project. The results were: Approve of the addition = 3 Disapprove of the addition = �Y tZ , Qu4MtJJ1_'-' Did not choose to vote = 1 oY Total = 16 A major of homeowners do not approve of Lechrone's proposed second story addition. 2 000025 5150 Homeowner's Association Vote on Leckrone's Second Story Addition On November 3, 1988 a meeting of the 5150 Homeowners Association to discuss the proposed second story addition to the Leckrone's residence (Application Number DR-68 -079). A vote was taken at this meeting to determine whether the homeowners (acting as the . Architectural Control Committee specified in the CC&Rs) where FOR or AGAINST the proposed building addition. Following that meeting those people unable to attend or be contacted were asked for their opinion. The following tally summarize the 16 homeowners of the 5150 Homeowner's Association. Name Attended Vote Signature Noy 3, 1988 Meeting OCCOOGO00000 CCCCCGOGOC GCCCO 0000000000 CO�°OOOO / / Cohen No Paley Proxy Agains�> RossiE NO �:1 ,r:..,s7 Apgar Proxy Against Nasan Proxy For Spiro Naz Saj jadi No Blaseck Yes Against Clover Na Tam Proxy Abstain Rothmuller Yes Against Gingerich Yes For Leckrone Yes For Welch Yes Against Hinshaw Yes Against Archdeacon Yes Against 000026 A(12,Tdv-y Or 6 Q 000027 Kenneth Rothmuller 19625 Douglass Lane Saratoga, CA 95070 Ken & Mary Jane: DANIEL E. LECKRONE 19521 Douglass Lane Saratoga, CA 95070 ( Lot #11) June 1, 1988 Stopped by Monday afternoon to bring you up to date on our apres fire reconstruction plans, but no one seemed home. I have had a chance to meet with each of our next door neighbors - -- the Gingerichs, Wessons, Lahonns, Welches, and Hinshaws - -- and they are all in favor of our proposed second story addition. I will continue trying to reach each of you personally, but in the interim let me ask that you sign and return the attached letter in the enclosed envelope so that I can try to speed the review and permit process with the city. Best ards, i Daniel E. eckrone DEL /ggi reconst Enclosure: Letter to City of Saratoga � NC—Alf" - to P(..AtIA OP, - 4oMEOcJ� C-*S 000028 City of Saratoga Attn: Planning Commission Re: 19521 Douglass Lane Saratoga, California Lot No. 13 Gentlemen: May 13, 1988 On Monday night, May 2, the Leckrone family residence located at 19521 Douglass Lane was damaged by a fire which destroyed and /or severely damaged the south end of the residence, including the garage. The Leckrone's have explained to us their plan to rebuild their home as soon as is humanly possible and have discussed with _us their desire to reconstruct the damaged area as a two story structure. I have no objection to the proposed reconstruction and urge you to expedite whatever approval process is appropriate to enable its prompt completion. cc: Daniel E. Leckrone Enclosure: Plat 5150 Sincerely, Mr. and Mrs. Kenneth Rothmuller 19625 Douglass Lane (Lot #11) 000029 j u � D ,1 t X • 4 po I's Q ftls Q#a4� �aa f r �'►r . J (b� id M E Q�yq o ZIA. ih 4� q • BASIS OF 01631HGS The bo6j.UMM of sr uslrlwm of D"IM how mom Mu Ill shm qM W wkW "sOW Tied ULOKok' fiW In Idl tM of Mqr d hr t& IN tK die of to Gry halo of M owliq d seed chafl.h d t slerw••. We . h lows of loerlssM &M WM Flo r'* CURVE DATA to SOIL NOTE MMUMM AADn6 NO A Mil NWI us InPWW Iw MG vM1a6M 14 1k her M16TH RIMS 1 d krik a Awe »w. . &W Mrdk 1pt.lilwi. -A Aim bro a 6wfipHw IM Unk of G" DO& FDIIwY 11 Dy4r r0eq VH [ • Mew Uw4k WAnia• "M ^ 71 g a H r4i rsm I uss r iam raw srN O :�'�ny sr • Smm Q ` II.Sr .gym �e�4R4r • ~ • r z ,xi •�,,1e .. trxOS nm 4 It rc 7 .nres Re 56 IM m &00 ♦ Q�d �r ,. 4,r i \ 4 ��.�'`� A � % KENOy�,':'�r� ..e M�� V 4,� i �� 4°99 ._ •\ � � ,� _ ,aF.�- .'� � �r 4 po I's Q ftls Q#a4� �aa f r �'►r . J (b� id M E Q�yq o ZIA. ih 4� q • BASIS OF 01631HGS The bo6j.UMM of sr uslrlwm of D"IM how mom Mu Ill shm qM W wkW "sOW Tied ULOKok' fiW In Idl tM of Mqr d hr t& IN tK die of to Gry halo of M owliq d seed chafl.h d t slerw••. We . h lows of loerlssM &M WM Flo r'* CURVE DATA to DELTA MMUMM AADn6 NO DELTA I M16TH RIMS 1 6Ntlq Aim bro a Iymu r0eq VH cmno Sam um play "M 71 g a H r4i rsm I uss r iam raw srN r L sr d Smm f.-M II.Sr .gym pm am z ,xi .. trxOS nm :MM SIDm It rc 7 .nres Re 56 IM m &00 vrrx WNW .en MAI a U= to Glow n .m Ir rlj' QZ, 1 ur• inn, 411 L r fen AD L' tsfr bU' f +ed Sl! l am VON M IM' M 150M r � w 6 rrorev .r: :nsx u k1aA 4m II v W r+rx o S MOO iskm TOMMIS. . e 1U. w IN bwk 1 of lord reblivM M ib sop. r llr as W" Mr lover UWE I N b frost am / PM 111 1, 1 - kag a" w� ie MI r+l lrei1r11 Mrw� `� C� , C� CJ ®. 0 5O It ��b 'f" *f CONSISTING OF TWO SHEETS Enrsrd t3EINQ ^PORTION OR -119 CARTO RANCHO M40 • lovisb•Mtlow *nrarulnl ol, LYING VMAVILYWff"IN%Two CITY OF • waft •..161sbNil .Nreewerskt SAMATOGA, CALIFORNIA . � . sw•+.�1 ah ner...l w k .i • blambs r sboir101, .rrrld�•d � / SCA A P•100' � N•wn4ssrr ALSO N7Tl:Lsle ft IM >7 of lrlorsl C+ll"'m OM Sf"K �J/ e 6LORQ9 S. NOLTaP AND ASSOCIATES 7 WILQ1QiNC —A"'P HHERf-BURVay no �;a ✓¢(SI /J .� /�� 3.a /•..�..• //may+ 1�/� /'7 �r /f a • Y. •Y1(1W • W' Ole" • Q C) Mon, Jun 20, 1958 Daniel E. Leckrone 19521 Douglass Lane Saratoga, Ca 95070 Dear Dan: received your letter dated June 1, 1988 concerning your proposed repair and alteration of your existing home (plat 5150, * 13). Since you are planning a major change to a two story design, this should fall under the 5150 Homeowner's Association CC & R's (see enclosed section). We don't have a architectural control committee, but I believe, given the location of your home at the corner of Douglass, all of the homeowners should have input (not just the few surrounding neighbors). I would suggest you put together a site drawing of how the addition would look from the street and present this at our next homeowner's meeting (sometime in early July). Sincerely, Ken Rothmuller President 5150 Homeowner's Association cc: City of Saratoga Planning Commission 000031 california Land Title Company I 4332098 Escrow Number 12396 -JR After recording DECLARATION OF RESTRICTIONS 715 return to file 9,^t"K This Declaration made and dated this 19th day of July 1972, by GEORGE W. DAY CONSTRUCTION COMPANY, INC., a corporation WHEREAS, said party is the owner of a certain tract of land situate in the City of Saratoga, County of Santa Clara, State of California, described as follows--:.- That certain Tract entitled `Tract No. 5150 which Nap was filed for record in the office of the Recorder of the County of Santa Clara, State o� ,..'_'.fornia, on May 25, 1972 in Book 302 pages 9 and 10 thereof, re arenee is hereby tads, and igZRBAS, said party is about sell property shown on said Nap which they desire to subject to certain restriction+, eonditiona, covenants and agreements between themselvee and the purchasers of said property, as hereinafter set forth= HSN THEREFORE said party declares that the property shown'on said leap of "Tract No. 5150" is held and shall be conveyed. subject to restrictions, conditions, covenants, charges and agree- s wants set forth in the Declaration, to -wit: PART A. RESIDENTIAL AREA COVENANTS. E A -1 Land use and building type. No lot shall be used ' except for residential purposes. No building shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single- family dwelling not to exceed two and one- half.storiea in height. A -2 Architectural Control. No building shall.be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have bean approved by the architectural control committee estab- lished by PART B of this Declaration as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location %:ith respect to topography and finish grade elevation, and has received Design. Review Approval by the Saratoga Planning Commission including proposed setbacks, perimeter and interior fencing, common green and private landscape areas, and all other re irements of Section 13.3 -1 of NS -3 Saratoga Zoning Ordinance No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless simi'arly approved. Sideyard fences .shall not exceed six (6) feet in .,eight, and shall conform to the frontyard setback lines as set forth herein. Rear line fences -shall be in conformity with those installed'by the subdivider, or if any other fence is installed it shall be subject to the approval of the board of directors of the Improvement Association, hereinafter mentioned, except as shown on the site development plan dated 24 January 1972, Exhibit "Y ", file C -148 on file with the planning department of the City of Saratoga, internal fencing on the individual lots shall be limited to fifteen percent (15%) of l the area of the lot in addition to protective fencing for the J=aediate swimming pool area. 000032,a ;c �y� J TW @Eq MO ZU00Z July 21, 1988 13777 FRUITVALE :\ VENUE . SARATOGA. CALIFORNIA —)5070 (408) 867 -3438 COUNCIL MEMBERS: Ken Rothmuller 19625 Douglas Lane Saratoga, CA. 95070 Dear Mr. Rothmuller: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman We have received the copy of your letter to Mr. Leckrone dated June 20, 1988, which you carboned to the Saratoga Planning Commission. Although there is no application on file which is subject to the Planning Commission approval, we have placed your letter under written communications for 7/27/88. Thank you for notifying the Planning Commission of your concerns. Cordially, Kathryn '/Caldwell Associate Planner KC /dsc 000033- MR. AND MRS. DANIEL E. LECKRONE 19521 Douglass Lane Saratoga, CA 95070 MEMORANDUM To: All Members 5150 Homeowner's Association From: Dan and Helena Date: August 30, 1988 Helena and I would like to thank each of you for your patience and help over the past several months. We have talked with most of you regarding the reconstruction and are pleased that our plan to add a second story addition over the garage area has your support. Construction will be beginning soon so the mess will probably get worse before it gets better. To give you an idea of what the finished product will look like, we've enclosed a copy of the architect's drawing of the front of the house. We are in the process of identifying fire resistant building materials and fire control systems and would be happy to make all such information available to you if you have an interest. We've learned the hard way about the fire statistics surrounding attached garages and shake roofs. Please feel free to call either Helena or me if you have any questions. Mme{ PVAE Enclosure: Copy of architect's drawing �55� � PiAT 000034 .I J iII Ma2 �-NA —� �' / `I� �I III f . - -- ., - - -�� Lj D Z Z d d Lj --California Land Title Company 4332098 Escrow Number 12396 -JR After recording DECLARATION OF RESTRICTIONS return to file This Declaration made and dated this 19th day of July 1972, by GEORGE W. DAY CONSTRUCTION COMPANY, INC., a corporation WHEREAS, said party is the owner of a certain tract of land situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: That certain Tract entitled "Treat No. 5150 which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of 6...1!fornia, on May 25, 1972 in Book 302 pages 9 and 10 thereof, re arence is hereby made, &Ad WHEREAS, said party is about sell property shown on said Map which they desire to subject to certain restriction+, conditions, oovenanta and agreements between themselves and the purchasers of said property, u hereinafter set forth: 1IW/ SWEREFORE said party declares that the property shown on said Map of *tract No. 5150• is held and shall be conveyed, subject to restrictions, conditions, covenants, charges and agree - srats set forth in the Declaration, to -wit: PART A. RESIDENTIAL AREA COVENANTS. A -1 Land use and building type. No lot shall be used except for rem a purposes. No building shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single - family dwelling not to exceed two and one- half_staries in baight. A -2 Architectural Control. No building shall be erected, placed or altered on any of until the construction plans and specifications and a plan showing the location of the structure' have been approved by the architectural control committee estab- limbed by PART 8 of this Declaration as to quality of workmanship and materials, harmony of exterior design with existing structures and as to location with respect to topography and finish grade elevation, and has received Design Review Approval by Che Saratoga Planning Commission including proposed setbacks, perimete and interior fencing, common green and private landscape areas, and all other recuirements of Section 13.3 -1 of NS -3 Saratoga or al on any lot nearer to any street than the minimum buildinq setback line unless simi`arly approved. Sideyard fences -shall not exceed six (6) feet in aseight, and shall conform to .the frontyard setback lines as set forth herein. Rear line fences -shall be in conformity with those installed'by the subdivider, or if any other fence is installed it shall be subject to the approval of the board of directors of the Improvement Association, hereinafter mentioned, except as shown on the site development plan dated 24 January 1972, Exhibit •Y•, file C -148 on file with the planning department of the City of Saratoga, internal fencing on the individual lots shall be limited to fifteen percent (15%) of the area of the lot in addition to protective fencing for the immediate swimming pool area. PART R. ARCHITECTURAL CONTROL COMMITTEE. a� 2-1 Membership. The Architectural Control Commaittee.is composed or George V. Day, Muriel Day, and Louis E..Lsto, C/O George W. Day Construction Co., Inc., 14651 Big Basin way, Saratoga, California 95070. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaininq members shall have full authority to designate his successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The committee shall act until, at the election of the committee, the =rs of the committee shall be transferred to the non -profi a n + to which ra erance s hereinafter ma e. 000036 DR 88 -079 Leckrone Project Appeal We disagree with the Planning Commission's Findings of Article 15- 45.060 of the Zoning Regulations in the following areas: (a) Avoid unreasonable interference with views and privacy Welsh's view of the Santa Cruz Mountains will be directly affected. Approximately 50% of her current view will be lost by the second story addition. Currently, the only portion of each others house that can been seen from their respective backyards is the top of their roof lines. If the second story addition is erected, the large view windows in the rear of the second story addition will look directly into Welsh's backyard and rear living areas of their house. In addition the proposed 8 foot balcony /deck will further reduce both parties privacy during the long, out door season in Saratoga. Both parties will suffer reduced privacy with this addition. The privacy issues was addressed by the commission with the suggestion of adding some landscaping to create a privacy "wall ". Twenty foot high and very dense plants would have to be added to create this affect. It takes time for plants to mature to this level and this additional landscaping would not promote the "open" feeling encouraged by the CC&Rs. Over time, these landscape "improvements" would only decrease the view of the mountains from the Welch "s property. The planning commission tour (as stated in the minutes of the design review meeting on October 26) of the proposed addition did NOT cover any other the houses to the rear of the Leckrone project, so the privacy and view issues were not fully explored. The following pages illustrate the privacy and view issues, including excerpts from the Residential Design Handbook of the City of Saratoga. 3 000037 .1 Angredient-�• . in the quality of in l tara�toga. Privacy problemsd impacts should be _ :-.:rii 7yed . and addressed in the initial --design stage, not with q t n, measures ,_ proposed ate=tbOught. = molar -:; a tention­shouldlrbe given vacy' concerns' :. on ' sub= ,._. . sthndard small; :_.and Aa, loft, s. -�.rt: __ - `•. 4. sr� :� a. co DO'S • tAiwiwzc 4tc&VA-4m U)i vkdo Uvs #ja KVWAbOV.AA • &riad ufper • Qu Stn4alm-ILt kAha-vso fo -ei roi* Lnew ratkcra+0sA� Et vi tw. DON'T'S • hv►d wiKdow a44A thdW-V%M k4, n,6 4f4A* i *CLGr Privacy. M WeA 661bptk- .:,. � �L�"�L�III�I�I�1 Mei Welch's House Drawing shown to scal e ......................................... .............--.T:: 10' bushes 100 Feet I Property Line 95 Feet Leckrone's Second Story Addition I V to second story "A 044" 10 C) C) C> DR 88 -079 Leckrone Project Appeal (c) Minimize perception of excessive bulk The Report to the planning commission indicated that "the structure will not appear excessively bulky... ". We disagree. if the site plan is consulted, it shows the house is position on an angle with the closest point to the street being the garage and the second story addition. This will be the first thing you notice as you walk or drive by. The second story covers 1/3 of the house. Refer to the following photo with the two story addition overlay and excerpts from the design handbook. A simple way to reduce the bulk is to make a single story addition. There is more than enough'land on the Leckrone property to recreate a single story version of additional rooms. 4 000042 POLICY.1 The bulk of a ...structure . is related to its floor area, height, design and relation- ship to its surroundings. A structure is perceived to be bulky. vhen these elements are combined in .such a '.vay as to create a residence that is out of scale, visually and struc- turally, with `� nei hborin residences and its..ovn. -na ura setting. -The .residence then appears massive," blocky, and overwhelming to the eye. The purpose. ., of this policy is to ensure the.,.maximum integratiori__- of structures with their natu- ral and built environments. 000043 I: IN Poky 1 TECHN QUE #3: Use materials and c olors to reduce bulk DO'S • `ao�i�rh GlevafioO6 by us,v�q chi rnokt�ia.Us. • Use vta#ura.(,- u�Per fou,Kdeuliows�iWd («ucr rr{-iows 06 haus�. • Use ma;teHalp, +Pna* arcate Inec- i�v�#a;Q. pv°I�srttwvs. DON'T'S • Awed la►`�e sije Avoid vcr�icdl orienta#icn o6Akateviale; ow L�*f areas. • Dowt rte{ o,,, I,�.Kdsca�SVAA +a reduce, b YES NO s Before the addition: After the addition. This is not compatible with original design ::- r.;::; :::: :::;::• :::::::.:....... :.or the rest of the residences.................. .................................................. ......................... ...... . ............... . ... . ................................................................................ ............................... . ............... ..... 000045 I DR 68 -079 Leckrone Project Appeal M Compatible bulk and height The proposed second story addition will not be compatible in terms of bulk and height with other neighboring structures. This issues was not directly addressed in the Report to the Planning Commission. There is NO two story residential structure on Douglass Lane within four blocks of the Leckrone residence (refer to photos of both sides of Douglass lane on pages S to 12. All of residences on the street are low roof, large, sprawling "George Day" ranch designs. Within the 5150 Tract (refer to photos of all houses in the tract on pages S to 1(0 ), there is only one, original partial two story design out of 16. Additional setback provision were made for this and the adjacent house. There is also one partial two story addition, but it is set way back from the front property line and it joins the Novokovich's ranch in the back. There are no windows in this addition which face the adjoining property. Both of these houses are attractive two story designs which look good by themselves and within the neighborhood setting. Guidelines from the design manual are included which address the bulk concept. 5 000046 P-oNcy 1 TECHNIQUE #S: Design structure to fit with existing neit or mod DO'S • � cow�p�a�tible. uti ib ►tied' rasiridoaFip b�`ut s�it�iad� be, cvvv�a�4-ib{e.. Is DON'T'S • Amid over4e vKi 0rusi-i rtSidt,��cu • bo vim- -6 Va ediM or 5+-wd ov,#- 0 0 C) -14 YES TIM NO r--:l rn it El 0 a V 11 (41) 1'� 7 5 3 c!) !4) (3) C!) c1) f1) CIO) C1) Co 14-431 19701 11659 /9(607 117-r7-os W 117 -17 -2] 317- /i.•70 �17'l1. -73 317- 11.'f! 1'156 5 I� 5 11 �� c» (6) to S17•�v-71 31)-/(0 -70 j 14452 o 177-�7'LZ J I� I,�s2 J► 14444 (16) co SL ACy- 317 -17 -07 C1) 14494 W r�1 1445o 317 -12 -l4 14462 117- � 7 • Sys 597 -� �- S1. �te) 717 -lb -G7 1157Vrib) C,.) 397 -l7 -21 317.17 -06 iu (r,) _ 317 -1V -6b 14 Szc� '3'1 7- 16 - 69 1170 0 e' w 317 -1(. -78 317-K Co t� 14751 1470 317- /(o -iL 317-11.-10 14[,25 9?7- 1i. -64 14573 4521 ,7 /ri-t.2 9•17-rL -G� i � L N. Do v t,.A55 L �t f1) CIO) C1) Co 14-431 11644 14400 714700o V7 -17-51 �17'17•+� 117-r7-os W 117 -17 -2] J c» (6) to 144 87 14 � s s �. 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Sall h ' Y. � .W ,� , � �.' .: yy *lam' - � a � :,.� � ':,`%� '��,., 'K �. �, s `.' ��. -.. 111Y14"+tfYrs - � •r w•ur .. �� � , - . -r'tY • f �'��- ... .... •c. %_ _ ••rte Y•` �� � J� iC � r•. ^F'Y s - ` a 14 ,�i�'�' ti o �`. '� } - +` ��,. •�: . r �. i . t �, . ®• , ; ... � ... _ �ry. �, � E¢•` :.1 °:- ....- T .• :��i' e �'.t,�T.'0. .. .. ?� ��� _.. u4. . . �"� _ . ���` +a, . 3�I�"+�'r ++r k 1 G}"ti "p p t .ham � -4 v }.� :J`:'��fi, �` {. s , ;_ �`�' a rm� `' r � � `"�'t°¢ rEw+�'�`;4.S;�h <.�' =' � IT mp „sx.. fir.. i�1� BEY a: I r M K t „s2 Ce) I 1 moo 000057 Barbara N. Hinshaw 19576 Kenosha Ct. Saratoga,Ca. 95070 City Council City of Saratoga 1377 Fruitvale Ave. Saratoga, Ca. 95070 November 22, 1988 Re: Design Review No. 88 -079 (Leckrone) appeal Dear Council, As an adjacent neighbor to Mr. and Mrs. Dan Leckrone, my husband and I strongly object to the proposed second story addition to their home. Although we sympathize with the Leckrone's fire loss, their proposed addition, with wrap around deck, does not fit into the general architectural scheme of our #5150 Planned Community. Our development was originally approved with manditory common greens which is open space maintained by the homeowners group. The object was to give the neighborhood an open rural feeling with privacy. The proposed addition destroys both these concepts. The Leckrones have a very large flat lot and could do much building, within the setbacks, without going up. We have a two story home, but it is not an addition, we don't have a wrap around deck, and most important, it was approved in the original development plan with no objection. In order to build our two story house the planning commission imposed much greater side yard setbacks for our neighbors so there wouldn't be a conjested look. With the proposed Leckrone addition, there is no room for greater setbacks, hence a conjested look. We join the majority of the homeowners in #5150 Planned Community and ask that you deny the Leckrones a permit to build a two story addition as it doesn't fit into the architectural scheme of our neighborhood and will cause a lack of privacy and a conjested look. Sincerely, Barbara N. Hinshaw 000058 JoHN R. ARCHDEACON 19628 Kenosha Court Saratoga, California 95070 30 November 88 Ci y Council 13777 F ruitvale Avenue Saratoga, California 95070 Subject: Design Review No.88 -079 (Leckrone) Appeal Council Members: My wife and I endorse as emphatically as we can the view -point of Ms. Maryanne Welch who objects to the alterations and building plan Mr. Leckrone proposes for his home. Ms. Welch's objections that the second story addition to Mr.Leckrone's garage would literally eradicate her privacy and adversely impact on the visual aesthetics of the low silhouette of this community have real merit. Mr. Ken Rothmuller, incumbent president of our 5150 homeowner's association, and I have independently verified Ms. Welch's contention by establishing lines of sight between various points in the rear of her home and the balcony and window levels of the proposed second story addition to Mr. Leckrone's home. Some degree of architectural mutilation of a community may happen with the passage of time, but I urge the Council to apply preventive measures now to mimimize if not block it by recognizing Ms. Welch's position. Signed, �John R. Archdeacon Molly T. Archdeacon 000059 RFCF.1VEr) PLANNING DEPT. APPLICANT'S MEMORANDUM TO: City Council City of Saratoga FROM: Dan and Helena Leckrone DATE: December 1, 1988 RE: Application No. DR -88 -079 19521 Douglass Lane APN 397 -16 -062 Cover Sheet . . . . . . . . . . . . . . . . . . . . . . . 1 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Discussion. . . . . . . . . . . . . . . . . . . . . . . . . . 3 -9 Exhibits: A Declaration of Restrictions, Parts A and B. B (not used) C Plan View D -1 Site'Section. D -2 Lesh landscape analysis. E Photo - View from Welch window with overlay. F Sketch of front of addition. G Chronology. H Letters of support for addition. \del \resp.ldec2 1 =j SUMMARY I. THE PROVISIONS OF THE APPLICABLE DECLARATION OF RESTRICTIONS ( "DOR ") HAVE BEEN SCRUPULOUSLY COMPLIED WITH AND HAVE IN NO WAY BEEN INFRINGED OR AVOIDED. . . . . . . . 3 A. Two -Story Structures Are Specifically Contemplated By Part A -1 Of The Declaration Of Restrictions. . . 3 B. The Architectural Control Committee Mechanism Has Been Complied With . . . . . . . . . . . . . . . . . 3 II. THE FINDINGS OF THE PLANNING COMMISSION THAT THE PROJECT DOES NOT UNREASONABLY INTERFERE WITH THE PRIVACY OR VIEWS OF THE SURROUNDING RESIDENCES ARE CORRECT AND SHOULD BE AFFIRMED IN THEIR ENTIRETY. 5 A. Privacy. The Two Houses Are 195 Feet Apart And Separated By Multiple Tiers Of Tall, Dense Landscaping. The Narrow Gap Which Permits A Small (8' x 151) Portion Of The Addition To Be Seen From The Welch Kitchen Window (and vice versa) Will Be Immediately Closed Off With A Mature Clump Of White Birch. . . . . . . . . . . . . . . . . . . . . . . 5 B. View. No Portion Of The Addition Will Rise Above The Existing Landscape Horizon And Therefore Cannot Materially Impact The View Of The Hills From The Welch Property . . . . . . . . . . . . . . . . . . . 6 III. THE ADDITION HAS BEEN PROFESSIONALLY DESIGNED AND REFINED TO AVOID ANY APPEARANCE OF BULK OR HEIGHT. . . . 6 IV. THE RESULTING STRUCTURE WITH ITS TWO -STORY GARAGE END WILL BE COMPATIBLE WITH NEIGHBORHOOD STRUCTURES, NEARLY 20% OF WHICH ARE TWO STORY. . . . . . . . . . . . . . . 7 V. BEFORE $20,000 WAS SPENT PLANNING THE ADDITION, THE FEELINGS OF NEIGHBORING PROPERTY OWNERS WERE SOLICITED AND NO OBJECTIONS WERE REGISTERED . . . . . . . . . . . 8 VI. IN SUMMARY, THE APPELLANTS HAVE RAISED NO ACCURATE, RELEVANT, OR MEANINGFUL OBJECTIONS TO THE PLANNING COMMISSION'S RECOMMENDATION AND IT SHOULD BE AFFIRMED. 9 \del \resp.ldec2 2 000061 t I. THE PROVISIONS OF THE APPLICABLE DECLARATION OF RESTRICTIONS ( "DOR") HAVE BEEN SCRUPULOUSLY COMPLIED WITH AND HAVE IN NO WAY BEEN INFRINGED OR AVOIDED. A. Two -Story Structures Are Specifically Contemplated By Part A -1 Of The Declaration Of Restrictions. The Declaration of Restrictions ( "DOR") applicable to Tract No. 5150 contains at PART A (titled "RESIDENTIAL AREA COVENANTS" and attached as Exhibit A) the substantive provisions relating to land use and building 'type, establishing a variety of standards and limitations with respect to the construction and use of the subject properties. Each and every such standard or limitation has been complied with, including specifically the stipulation of section A -1 limiting construction to single family dwellings ... "not to exceed two'and one -half stories in height". The DOR thereby specifically approves and contemplates two -story structures, contrary to Appellant's assertion that the area was planned as a one -story neighborhood. B. The Architectural Control Committee Mechanism Has Been Complied With. Section A -2 entitled "Architectural Control" undertakes to regulate development,by providing that construction plans and specifications are to be approved by the Architectural Control Committee established by PART B of the DOR as well as by the Saratoga Planning Commission. PART B of the DOR is entitled "Architectural Control Committee" and provides at section B -1 that (see Exhibit A): - "The Architectural Control Committee is composed of George W. Day, Muriel Day, and Louis E. Leto (emphasis added) ... "; and that, \del \resp.ldec2 3 000062 - "In the event of death or resignation of any member, the remaining members shall have full authority to designate his successor." Since the morning after the fire destroyed the south end of the residence in question, Mr. Leto (a member of the Architectural Control Committee) has been deeply involved in the design and engineering of project as it was ultimately approved by the Planning Commission, and he has agreed to serve as the General Contractor to oversee the construction and assure that it com- plies in all particulars with the DOR. To assure that the letter of the DOR as well as the spirit has been complied with, the Architectural Control Committee will probably have approved the plans and specifica- tions under review by the time of the Hearing. Thus, the contention of the Appellants that the DOR (referred to by the Appellants as the "CC &Rs ") has somehow been infringed or violated is incorrect. Further, Appellants provide no explanation for the assertion that Mr. Rothmuller has somehow replaced the Architectural Control Committee established by the DOR. It is interesting to note that the DOR also provides that even if the Architectural Control Committee becomes inactive and fails to act on a request within 30 days, "approval will not be required and the related covenants shall be deemed to have been fully complied with." The DOR thereby assures that it is the action of the Planning Commission which is controlling rather than the action or inaction of the Architectural Control Committee. \del \resp.ldec2 4 000063 II. THE FINDINGS OF THE PLANNING COMMISSION THAT THE PROJECT DOES NOT UNREASONABLY INTERFERE WITH THE PRIVACY OR VIEWS OF THE SURROUNDING RESIDENCES ARE CORRECT AND SHOULD BE AFFIRMED IN THEIR ENTIRETY. A. Privacy. The Two Houses Are 195 Feet Apart And Sepa- rated By Multiple Tiers Of Tall, Dense Landscaping. The Narrow Gap Which Permits A Small (8' x 151) Portion Of The Addition To Be Seen From The Welch Kitchen Window (and vice versa) Will Be Immediately Closed Off With A Mature Clump Of White Birch. As is apparent from Exhibit C, the boundaries with all adjacent properties are characterized by tall, dense landscaping most of which ranges from 20 -40 feet in height and 10 -15 feet in depth, is evergreen in character, and creates a complete visual barrier. The rear property line, however, has one section approximately 25 feet in length within which the existing land- scaping is only about 10 feet high and 8 feet thick. Even though the buildings are nearly 200 feet apart, it is possible to stand at the Welch kitchen window and through a narrow 10 foot 'gap in the Welch trees, see the top half of the easternmost third of the second story portion of the addition - -- an area about 15 feet long and 8 feet high (Exhibits D and E). And from that vantage point it is possible to get a long range (2001) view of the Welch kitchen window. In an effort to avoid even this nominal privacy issue, the Applicant has undertaken two corrective measures outlined by Lee Lesh landscape consultants (Exhibit D, paragraph 3). - The planting of a mature 20 feet .tall clump of birch trees having a head approximately 15 feet in width which will provide complete screening of the narrow sight envelope (cost $1,200); and, - An intensified feeding and watering program which will increase the height of the existing 10 foot oleander hedge to 14 feet within 24 months (cost $1, 000) . \del \resp.ldec2 5 000064 These will provide a double layer of screening and no portion of the addition will be visible during any season of the year from the Welch window. B. View. No Portion Of The Addition Will Rise Above The Existing Landscape Horizon And Therefore Cannot Materi- ally Impact The View Of The Hills From The Welch Prop- erty. Because of the mature landscaping throughout the neigh- borhood, the view of the Santa Cruz mountains from the Welch kitchen window does not begin until approximately 15 degrees above ground level (see Exhibit E photograph.) The roof line of the proposed addition will only rise to approximately 10 degrees above ground level. Therefore, no portion of the proposed second story addition will even approach the landscape horizon repre- sented by existing landscaping. Consequently, no portion of the Welch window's view of the Santa Cruz mountains could be impacted by the proposed second story addition. It is physically impossible - -- without regard to the additional screening dis- cussed at item A above with respect to the narrow horizontal sight envelope being screened to avoid even any nominal privacy issue. III. THE ADDITION HAS BEEN PROFESSIONALLY DESIGNED AND REFINED TO AVOID ANY APPEARANCE OF BULK OR HEIGHT. The sketch presented as Exhibit F presents a much more realistic view of the proposed dwelling than do the relatively stark architectural elevations. The sketch reflects existing landscaping as well as the fact that the two -story portion of the house sits some five feet below street level. The Applicant has incurred the expense of a cosmetic redesign of the front facade \del \resp.ldec2 6 000065 4 in an effort to even further increase the harmony of the design and materials and to avoid any appearance of unnecessary bulk. IV. THE RESULTING STRUCTURE WITH ITS TWO -STORY GARAGE END WILL BE COMPATIBLE WITH NEIGHBORHOOD STRUCTURES, NEARLY 20% OF WHICH ARE TWO STORY. Every effort has been made by trained professionals to incorporate the design, materials, and the feeling of the exist- ing structure into the new structure and to assure aesthetic harmony. Of the three houses which bound the subject property, one - -- the Hinshaw's - -- is a two -story structure which was a part -of the neighborhood from the beginning. A second two story structure was added within the 5150 plat within the past three years. While the existence or non - existence of other two -story structures is certainly not controlling,'the myopic observation reported by the Appellants should be corrected. Within the neighborhood served by Douglass Lane from Fruitvale, there are probably at least 50 residences of which approximately 10 are two -story structures, representing about 20% of the dwellings in the neighborhood. As indicated earlier, the existence or non - existence of other two -story structures is largely irrelevant given the mature character of the landscaping in the neighborhood. For instance, the Hinshaw's two story home which is immediately adjacent to the Applicant's property is quite simply not visible and therefore of no concern. \del \resp.ldec2 7 11i1�� V. BEFORE $20,000 WAS SPENT PLANNING THE ADDITION, THE FEELINGS OF NEIGHBORING PROPERTY OWNERS WERE SOLICITED AND NO OBJEC- TIONS WERE REGISTERED. The Applicant went to great lengths to assure that the nearby neighbors were given an opportunity to voice any possible objection before substantial time and over $20,000 was invested in the project. As is reflected in the Chronology at Exhibit G, as the planning process began most neighbors within 500 feet - -- including specifically Ms. Welch and Mr. Rothmuller - -- were contacted to determine if they would have any objection to the addition of a second story to the portion of the premises being rebuilt. No objection was raised by any such individual includ- ing specifically the Appellants Welch and Rothmuller. In fact, most of the property owners in the 500 foot radius signed a letter addressed to the Planning Commission requesting that it expedite plan approval and the issuance of a building permit. (See Exhibit H) Ms. Welch was never asked to provide such a letter. Mr. Rothmuller responded by suggesting that a street elevation of the plan when developed be made available to all members of the Homeowners Association. However, he regis- tered no objection to the project. The first set of the final plans emerged in late July and were reviewed in detail with Mr. Rothmuller. Once again he voiced no objection. As a further courtesy to the members of the Homeowners Association, a copy of the street elevation together with a brief update of the status of the project was sent to each. No objec- tion was raised or suggested by anyone until Ms. Welch appeared at the Design Review Hearing after the project had been approved and voiced a wide spectrum of objections. \del \resp.ldec2 8 • 000067 a w VI. IN SUMMARY, THE APPELLANTS HAVE RAISED NO ACCURATE, RELEVANT, OR MEANINGFUL OBJECTIONS TO THE PLANNING COMMIS- SION'S RECOMMENDATION AND IT SHOULD BE AFFIRMED. Every effort has been made to assure that the project in question complies in all particulars with all applicable rules and regulations. Not only have minimum standards been complied with, but they have been exceeded in such areas as the specifica- tion of a report -in alarm system, a fire -proof roof having the appearance but not the danger of wooden shakes, and the re- roofing the entire structure to assure aesthetic harmony from day one. The proposed addition was scrutinized carefully by the Planning Commission Staff which concluded that all design regula- tions have been complied with, that the site was suitable for the development of a second story, that the design was appropriate, that there would be no loss of privacy to nearby residents, and that there would be no loss of view. Although the Applicant had no obligation to do so, from the outset it solicited objections from neighbors. The Applicant provided information on several occasions and never received a single objection. On the contrary, Applicant received nearly a dozen letters of support. Not until after some $20,000 had been spent on the project by the Applicant, and not until after the Planning Commission had adopted the recommendation of the Staff and approved the project was any objection voiced. Then and only then did Ms. Welch and Mr. Rothmuller emerge. It is respectfully submitted that there exists no meritori- ous objection to the project as approved, and that this appeal should be rejected and the finding of the Planning Commission affirmed. \del \resp.ldec2 9 November 30, 1988 Mr. and Mrs. D. Leckrone 19521 Douglass Lane Saratoga, CA 95070 Dear Dan and Helena: It is unfortunate that your reconstruction and addition has not proceeded in a timely fashion. As homeowners, we would like you to get your house repaired, but we also expect you to follow the restrictions and procedures in the 5150 Homeowner's CC &Rs. These CC &Rs were drafted for the common good of all of the homeowners so that the initial concept of this development would be preserved into the future. The procedures for additions and reconstruction are quite clearly spelled out in the CC &Rs. Since you are a lawyer, I would expect that the provisions in A -2 and B -1 were fully understood. Unfortunately, you did not comply with the these procedures. The steps which should have been followed, included: 1. Submit a full set of plans (front, back, side, top, etc.) to the Architectural Control Committee. In section B -1 it states that this responsibility and powers shall be "transferred to the non - profit corporation..." 2. The committee would review the plans and either approve or disapprove the proposal. . 3. If the plans were approved by the committee, then they would be submitted to the city, along with the committee's recommendation. These steps were NOT followed. Instead, approval letters (pre- written by you) without any plans were supplied to the homeowners for their signature. Another letter with only a front view was supplied much later for "their information ", not their approval. This letter further indicated that work �lfl,' would begin soon, implying all the necessary approvals have been satisfied. I requested twice that you make a presentation to all of the homeowner's with your plans, but you never accepted my offer. Finally, at the last homeowner's meeting, information collected from the city files by another homeowner was presented. This was the first time a majority of homeowners had an opportunity to review, in detail, your building plans. After reviewing this information, an overwhelming majority of the homeowners (75 %) disapproved of your proposal. The reasons for disapproval were many, including: reduced privacy and restricted views by adjacent neighbors, visible night -time lights, poor appearance, excessive bulk close to the street, lack of harmony with other houses in tract, and reduction in property value. The appeal will be heard next week at the Saratoga City Council meeting. We fully expect the council to overturn the planning commission's ruling. In the unlikely event that this does not happen, we have sought legal advice for follow -on actions. An injunction to prevent any construction and the legal process for enforcing 5150's Homeowner's CC &Rs are the next logical steps. These actions will only delay your construction and cost the homeowner's money, neither of which is a very satisfactory outcome. I strongly suggest you reconsider your addition plans in light of the homeowner's reactions. You certainly have more than enough land to extend you house to the rear for your recreation and exercise room. This would eliminate the homeowner's objections and would seem to offer you a number of advantages over your present, including: easy access to the backyard and pool area, complete privacy, elimination of wasted space for stairs, and a far better return on your investment. I hope you will consider the issues raised and proposals offered in this letter. The sooner this matter is settled, the better for you and the entire tract. Sincerel , G(JIG�tJ en Rothmuller President 5150 Homeowners Association r ., r 000010 SARATOGA CITY COUNCIL EXECTIVE SUMMARY NO. MEETING DATE: 12/7/88 ORIGINATING DEPARTMENT: Planning AGENDA ITEM K3 CITY MGR. APPROVAL V -88 -017, DR -88 -055; 21425 Tollgate Road; Achkar - Appeal of the SUBJECT: Planning Commission decision denying variance and design review applications to allow a new 7,661 sq. ft. home where 5,220 sq. ft. is the maximum allowed --------------------------------------------------------------------- - - - - -- Recommended Motion: Deny the appeal and affirm the decision of the Planning Commission. Report Summary: On October 26, 1988, the Planning Commission denied variance and design review applications for a new 7,661 sq. ft. two -story single family home in the NHR zoning district. The maximum area allowed on the lot per Ordinance 15- 45.060 is only 5,220 sq. ft. The applicant appealed the Planning Commission decision. Fiscal Impacts• Attachments: Motion and Vote A:achkar None 1. Memo from the Planning Department 2. Appeal letter dated 10/31/88 3. October 26, 1988 Planning Commission meeting minutes (amended on 11/9/88) 4. Report to the Planning Commission, 10/26/88 5. Plans 000001 0919W o1 O&M ° 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: 12/7/88 FROM: Stephen Emslie, Planning Director SUBJECT: V -88 -017, DR -88 -055; 21425 Tollgate Road, Achkar Background /Description On 10/26/88, the Planning Commission denied design review and variance applications for a new two -story home in excess of the allowable floor area. The Planning Commission was unable to make the required findings and denied the applications with a unanimous vote. Project Description The proposed home is located on Tollgate Road, one lot away from Deer Springs Court. An existing long driveway leads to a fairly level area on a designated major ridge line, where the home is proposed to be located. The remaining site is characterized by moderate to steep northwest facing slope. The level area of the lot is bare while the slopes are vegetated with shrubs and oak trees. An open space easement 60 feet wide at the maximum, exists at the eastern corner of the lot, and a 30 -40 ft. wide slope easement exists along the front property line. Analysis of the Appeal The applicant based the appeal to the City Council on the design of the house which, in the opinion of the applicant, is compatible with the surrounding homes, will not impact the adjacent homes, and all the neighbors support the application. The applicant feels that the proposal meets the criteria of the design review regulations, except for the size. Response: The Planning Commission was unable to make the required variance findings regardless of the design of the home. They recognized that the subject lot was not exceptional in size, shape or topography, which are findings necessary to justify the variance. The allowable floor area for any lot in the City over 10% in slope must be adjusted based upon the lot size and slope. Moreover, the limitations on this lot including slope and open space easement and the location of the lot at a major ridge line, should not allow a home excessive in size. The applicant could develop the lot and 000002 Memo to City Council Re: V -88 -017, DR -88 -055; Achkar, 21425 Tollgate Road build a home of reasonable size (5,220 sq. feet). All the new applications for homes submitted after 11/9/87, when the amendment to the design review ordinance became effective, including those in the NHR zoning district, are restricted in floor area relative to the size and average slope on the lot. The proposed home was to be about 47% over the allowable floor area. Granting the variance would constitute a special privilege inconsistent with the limitations on other lots in the same zoning district. At the 10/26/88 meeting, the Planning Commission also indicated that the adjacent large homes would not be approved today after the new design review ordinance became effective. Design Review Findings The required design review findings cannot be made, primarily because the proposed home would exceed maximum allowed development and impact the adjacent home to the rear. Since the subject site is immediately adjacent, at the rear, to the R -1- 40,000 zoning district, a variance for a larger home would be incompatible with the smaller homes allowed in the R- 1- 40,000 district. Further, the proposed 7,661 sq. ft. home was designed around a courtyard which increased the bulky appearance of the home. In addition to the size of the home, its location on a major ridge line could extend the impact of the home on its surroundings. A reduction in size of the home by 2,441 sq. ft., to meet the Code restriction and a reduction of height to meet the subdivision height limitation of 21 ft. at the maximum, will significantly mitigate the perception of bulk and the impact of the home, in such a prominent location, on the surrounding area. Other Consideration An amendment to the CC &R's was approved by the Council on 7/9/85 to allow a two -story home on the subject lot ( #12). However, the height of the home was limited to 21 ft. maximum and not to exceed an elevation of 981 ft., unless approved by the City. The proposed home is 26 ft. in height. Recommendation Staff recommends the City Council deny the appeal and affirm the decision of the Planning Commission. The applicant can resubmit plans for a new home at any time. Step en Emslie Planning Director SE /ta /dsc 000003 11 101 S; $ Date Received: Hearing Date: Fee : CITY USE APPEAL APPLICATION Name of Appellant: Address: �.4To f it /7 J Telephone: L4 Name of Applicant: _Cub, Project File No.: Project Address: - a ' Project Description: �jp .0� Decision Being Appealed: r Grounds for the Appeal (Letter may be attached): - � L ^Y,i�'• + +�A'L ' S- signature AV V GCv� *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. / 0� TIITS APPI.TC,%TION MUST BE SUBMITTED IVITI-11N TEN 10 CALENDAR DAYS Or. b�O r' U, D,\ • L U KV- 000004 . PLANNING COMMISSION MEETING Page 8 OCTOBER 26, 1988 PUBLIC HEARINGS Continued Mr. Rose reiterated his claim that other developments had not had the same requirements imposed; he was agreeable to a Continuance in order to present information from his engineers. HARRISBURGER MOVED TO CONTINUE SUP -87 -001.2 TO DECEMBER 14, 1988. Passed 6 -0. 12. DR -88 -005 Arhkar, 21425 Tollgate Road, request for design review approval of a new V -88 -017 two -story single family home in the NHR zoning district per Chapter 15 of the City Code. Variance approval is requested to allow 7,661 sq. ft. floor area where 5,220 sq. ft. is the maximum allowed per Chapter 15 of the City Code. ------------------------------------------------------------------------------------------------------------ Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission dated October 26, 1988. The Public Hearing was opened at 11:38 P.M. Ms. Fenelli, Representing the Applicant, commented as follows: - Reviewed the Application and presented slides of the pad elevations - Pad elevations were approved in the General Grading Plan at the time of Subdivision Approval - The pad elevation under consideration was established with the agreement that only a single story house would be permitted - Noted site constraints, concluding that there was virtually no place to move the house on the lot - Lowering the pad 8 ft. would require removal of 16,000 cu. yds. of soil - Adjacent homes, square footages and slope percentages were compared with this proposal - Perception of bulk: Applicant would be making no change to the contours of the site; the only grading required would be under the present pad in order to construct the garage, wine cellar and mechanical equipment room; perception of this house would be a one story house - Confirmed that proposed house was compatible with adjacent homes; noted the view of the house as one approached from Tollgate Rd. - Preservation of Natural Landscaping: landscape plan of Applicant was reviewed - Residential Privacy: every effort had been made to maintain a low profile - View Impacts: only one home would be impacted by this house - Believed that Design Review Criteria had been followed with the exception of floor area ratio - Reviewed Variance Findings presented by the Applicant and submitted a petition and letter Ms. Lynn Sprague cited the following concerns: - Perception of bulk: cited view of the house as one approached such - Square footage allowed: if variances were granted, a precedent could be set Mr. Sheldon Glen, Lot 10, stated that the homeowner should be able to maximize the use of site; there were no traffic problems and the proposed structure would not impact other homes. Ms. Emil Acquilus, Lot 13, cited traffic hazards from the narrow road. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 11:55 P.M. Passed 6 -0. Commissioner Harris stated the Commission did not view square footage as the only measure of evaluating a home; however, this was the only tool available in addition to the Design Review Guidelines. She reviewed the considerations regarding Lot 9 and stated that she could not make the Variance Findings required. Commissioner Siegfried concurred; homes previously approved would not be approved today. Commissioner Burger also could not make the required Findings; she suggested that the design be reduced and brought back to the Commission for consideration. BURGER /SIEGFRIED MOVED TO DENY V -88 -017. Passed 6 -0. BURGER /HARRIS MOVED TO DENY WITHOUT PREJUDICE DR -88 -055. Passed 6 -0. 000005 REPORT TO THE PLANNING COMMISSION FROM: Tsvia Adar DATE: 10/26/88 PLNG. DIR. APPRV. APPLICATION NO. & LOCATION: DR -88 -055, V -88 -017; 21425 Tollgate Rd. APPLICANT /OWNER: Achkar APN: 503 -28 -122 Q Ira ■ '+ I ]n •I ++ ) +I -1'91 )tl1a+ apt-go •9t •Lr1/ tltlrl pd t1t T u2al W> +/r l.1� 1Jr9e r -6-,f :il 6-(I ,.. 1WI t `Y,{+ (11 91 vof -ss -++ i� !n 1f1, LIT f, G o Y17 03. 26-99 -A• ..•= (I) rlv 1 +L7 O +' °' 1W'1 (Itl L1115 \2Z ,d �� 'p . y a•IYw 503 �•�•M ,� A` ♦�� 921 q 00 I+NA N51p • • M1 M1'n• lef got-.- a� 101 -t1 II I also , +310 17!71 (1) f9n•tt•ta ql (m ,JY17 1 I 2 sn of -99•711 IH M -,. 1). W. w ,e1 -at -It , 1199{ � SIt01 (f01 l'O afCH! ilOal p9) f.l•I.. 9a 1.9.22.11 M-H -ti !* I.a01 4) l tatted •• (to ''�Y �EEPyrEL al�l.■L (9) I.asaty ,araM1.t� ^� t,otr ,v *mm fofsl of +° : nt +la frfr C +r. 9 N 9.N fif sir, In at 13) 7of•ai -.1 1 +616 tq r f •) Atr p�,o t1a r Mt -ai•ef ), 1,. t � , 111. I.ao1 c1u uaaf2fat {IIt�A1 0' /O1 -aa -�O 117t. ( ■1 1921 -ta -oa 61.6-2 +ee �, a 91111 fA O V. M9i1J. L,a [111111) �e +NV sop, /{�j, +• .a �Jf fi 4 4 n n1- �e yv v sr J u11{fil L1Cp <n) -1f•e� x111, f.6- 91•a9f A fOf - ♦ °- b FJ K M• f.f -1t•�1 _...w war me File No. }� -"��� V%$2-17 PLANNER'S WORKSHEET JTrails and pathways map checked ✓ vicinity /locator map included ✓ Dimensions shown on plot plan Adjacent structures Directional arrow Trees labelled Plans reflect field conditions Heights shown on cross sections Consistency between elevations, cross sections & floor plans ✓ Natural and finished grade on cross sections V Height of underfloor & attic areas included in floor area calculations Roof pitch shown LAll sheets included in submittal with required reductions ✓ Colors submitted Staff Reports ✓ Conditions from other agencies /department correct V Consistent figures throughout report ✓ History files examined V Correct address & application number on all pages of the report Description consistent with advertisement Plans labelled Order of attachment consistent with list V/ All attachments included V Typographical errors corrected Dates on the resolutions correct JApplicant notified of recommendation ✓ Applicant notified that staff report available Fri. 3 -4:00 p.m. A:checklist 6/88 I ,Ift File No. DR -88 -055, V -88 -017; 21425 Tollgate Road EXECUTIVE SUMMARY CASE HISTORY: Application filed: 5/23/88 Application complete: 7/25/88 (The applicant requested that staff schedule the application for the 10/26/88 Planning Commission meeting) Notice published: 10/12/88 Mailing completed: 10/13/88 Posting completed: 10/6/88 PROJECT DESCRIPTION: The applicant requests design review approval of a new two -story single family home in the NHR zoning district per City Code Section 15- 45.060 (a)(1) and (3). Variance from Ordinance 15- 45.060, is also requested to allow 7,661 sq. ft. floor area where 5,220 sq. ft is the maximum allowed. PROJECT DISCUSSION: The proposed home exceeds the allowable floor area by 2,441 sq. ft. and overbuilds the lot. No exceptional conditions exist on the lot that can serve as grounds for the variance approval. Granting the variance will constitute special privilege inconsistent with the limitation on other lots in the NHR zoning district, submitted after 11/9/87. The proposed large home is designed around a courtyard with fairly long elevations (104 ft. and 116 ft.) and will appear massive and incompatible with the adjacent homes, mainly with the homes to the rear within the R -1- 40,000 zoning district. In addition, the home is placed on a major ridge line and will stand out further and impact 'the surrounding area. The home should be moved below the ridge elevation so as not to extend 8 ft. above the top of the ridge. Staff is unable to make the required design review findings. STAFF RECOMMENDATION: applications. ATTACHMENTS: Denial of the design review and variance 1. Staff Analysis 2. Applicant's variance findings 3. Plans, Exhibit A TA /dsc 1 I II1. DR -88 -055, V -88 -017; 21425 Tollgate Road STAFF ANALYSIS ZONING: NHR GENERAL PLAN DESIGNATION: Residential Hillside Conservation PARCEL SIZE: 1.393 acres (60,679 sq. ft.) AVERAGE SITE SLOPE: 26.2% GRADING REQUIRED: Cut: 1404 Cu. Yds. Cut Depth: 10 Ft. Fill: -0- Cu. Yds. Fill Depth: -0- Ft. MATERIALS & COLORS PROPOSED: Exterior: Light Champagne Beige stucco #69, dark beige "Kingfish" #05 -400. Roof: Red -brown tile. PROPOSAL LOT COVERAGE: 24.6% (14,927 sq. ft.) HEIGHT: 26 ft. SIZE OF STRUCTURE: Cabana: Lower Floor: First Floor: TOTAL: SETBACKS: Front: Rear: Right Side: Left Side: 260 sq. ft. 1,243 sq. ft. 6,158 sq. ft. 7,661 sq. ft. 107 ft. 81 ft. 45 ft. 26 ft. CODE REQUIREMENT/ ALLOWANCE 15,000 sq. ft. 26 ft. 5,220 sq. ft. Front: 30 ft. Rear: 60 ft. Right Side: 20 ft. Left Side: 20 ft. PROJECT DESCRIPTION: The proposed home is located on Tollgate Road, one lot away from Deer Springs Court. An existing long driveway leads to a fairly level area on a designated major ridge line, on which the home is proposed to be located. The remaining site is characterized by moderate to steep northwest facing slope. The level area of the lot is bare while the slopes are vegetated with shrubs and oak trees. An open space easement exists at the eastern corner of the lot, and a slope easement exists along the front property line. Variance Findings Staff is unable to make the following variance findings: The subject lot is not exceptional in size, shape or topography. The allowable floor area for any lot in the NHR zoning district must be adjusted for the lot size and slope F, DR -88 -055, V -88 -017; 21425 Tollgate Road Moreover, the limitation on this lot by slope and open space easement, and by the location of the lot at a major ridge line, should not allow a home excessive in size. The applicant can develop the lot and build a home of a reasonable size of 5,220 sq. feet. There are other homes in the NHR zoning district which are restricted in floor area relative to the size and average slope on the lot. All the new homes submitted after 11/9/87 are subject to the same floor area standard. There are other homes in the vicinity which exceed the allowable floor area according to the current zoning ordinance. However, these homes complied with the code requirements at the time of submittal. The home on 21449 Tollgate Road, approved in 1980, exceeds the current allowable floor area by 2.4 %, and the home at 14599 Deer Springs Road, approved in 8/87, is about 10% over the current allowable floor area. The proposed home will be about 47% over the allowable floor area. Granting the variance will constitute a special privilege inconsistent with the limitations on other lots in the same zoning district. Design Review Findings The proposed home will overbuild the lot and overwhelm the adjacent home to the rear. The lot is immediately adjacent at the rear to R- 1- 40,000 zoning district, and will be incompatible with the homes allowed on smaller lots. The proposed 7,661 sq. ft. home is designed around a courtyard which increases the bulky appearance of the home. In addition to the large size of the home, its location on a major ridge line will extend the impact of the home on its surroundings. The home should be relocated at least 8 ft. below the top of the ridge line elevation (Ordinance 15- 14.110(a)). Road Access The existing driveway and the inside radius of the driveway is not adequate for the fire access and should be widened to meet Saratoga Fire District standards. Grading The proposed amount of grading is 1,404 cu. yds. and 10 ft. deep. It is required mainly at the garage area and to widen the narrow access driveway and the turnaround area. The applicant's intention is to lower the pad elevation by the garage area in order to reduce the slope of the existing driveway which is narrow and steep and does not meet the Fire District requirements. RECOMMENDATION: Deny the variance and design review applications. 3 00001..0 FILE NO. VARIANCE FINDINGS (Supplement to Variance Application) Variance applications are requests to construct structures or create lots, parking spacings, etc., that do not conform to the regulations of the zoning district in which the site is located. Five (S) findings must be made to obtain approval. (Additional findings are required for variances pertaining to signs and parking). The findings point to the special circumstances that would cause unnecessary hardship and difficulties inconsistent with the intent and purpose of the Zoning Ordinance. The special circumstances pertain to the physical characteristics of the site, including site size, dimensions, shape and topography. The circumstances are to be site specific and not pertain to all properties within the zoning district. Please describe in clear, concise language how your project would meet the required findings below: 1. A strict or literal interpretation of the Zoning Ordinance would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Ordinance. 'Ile Cbjecti*le cf the a IxEr oe is to xe:bm the pareptim cf bulk by xwb= q the height and Sias cf a residmm 'Il e U _qhape desyi,.c�n of this build=, cueaotly udriinda� the vis�ral =rrtim Cf the b�uldLn3 f= �y d mctirn, `� reb red=rxT the Pareptim & bilk. Adam to the 34-Me fXt s't rrbrd wm d cmag .V restr-ict the Uyim area withait c aisii7T aN pmurtml dzl g' in the bulk cf the have. 2. Exceptional or extraordinary physical circumstances exist that are applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zoning district, (The exceptional circumstances are not a result from actions of of the owner.) �. - ■• q- -� _a� ��- •• - �•tr •• •i y �.a••a�■, �i• ••. =• -•:.r .a ?11 -•� -� •.lncl�_�. 1 • • •� •� ■� -- �• • • •� • • • - • c • i a - • - ••- r MM - r • • • 0 Zile •� • = a •- • - �_tr•_r •v •i • 3. Strict or literal interpretation and enforcement of the specified regulation of the Zoning Ordinance would deprive the applicant of privileges enjoyed by owners of other properties classified in the same zoning district. laaa- - .� •- rye- •i -� i� •i •oil om •one w•_•r • •• • 1.1 c- • ■•- - •i aaM •a••.• 1 = - - •-- �=-+• - a ••• • ■• 041 6 1- • • 1 111 -• • - .• 1■- •,per ••11 =- .• r• • ■• ••� / -f •• n...•a.• a -a •- p- -• .�a- •••.r•- .• •• .• • r 6 000011 4. Granting the Variance "will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zoning district. M3V c 1E the Lots umthm this szxhvimm have a lam porti,m cf the Ict qn is quite std. Rr tract part, steep areas are in c�ez space Itit 1!11 sia� �atiam. 21is lot has a large and flat building pad 41ich easily y�mcbbes in the wi y M gnxum � portirn crF the Lot is no greabed than the �' °D� ai flat cf buildiM site a wage ai the adjaoent lc is S. Granting the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. - •Ir. . •1 ■ - .� •- goals- M Y - • - 6-s • a • - r1 - • •- a ■- it • _ Z ON ■• • •r r c_ •� • • n c i� i - I hereby certify that all the information contained in the supplement is, to my knowledge and belief, true and cor41,1.1XI14- ectly represented. Name A • Signature 000012 12127 Marilla Drive Saratoga, CA 95070 November 30, 1988 Grace E. Cory Deputy City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: DR -88 -055; V -88 -017 To the Members of the Council: I'm writing to express my opposition to the granting of a var- iance requested in the above referenced case. Although I have another commitment on Dec. 7 and cannot attend the public hearing, I would like my objection included in the record. Having some knowledge of the city's formulas for maximum square footage allowed on hillside property, I believe those for- mulas are reasonable when viewed from the perspective of maintaining reasonable open space and scale in hillside areas for all Saratoga residents as well as nearby property- owners. The appellant in this case seeks permission for an overage of nearly 47 percent. Appellant knew, or should have known, the maximum buildable area under current Saratoga regulations when the lot was purchased. To then proceed to design a house nearly half again as large as the allowable maximum seems to flout both the letter and the spirit of city policy. A smaller overage for justifiable design reasons might deserve more sympathetic consideration. As the matter stands, I oppose this request for a variance. Since Robert D. Ingle SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. /5' ,3J AGENDA ITEM L MEETING DATE: December 7, 1988 CITY MGR. APPROVAL ORIGINATING DEPT: ENGINEERING j SUBJECT: PROPOSED PARKING RESTRICTIONS ALONG SARATOGA AVENUE AT LUTHERIA TW Recommended Motion: , Adopt Resolution No. MV- , prohibiting parking along a portion of the southeasterly side of Saratoga Ave. at Lutheria Way. Report Summar There presently exists a limited sight distance problem for vehicles entering Saratoga Avenue from Lutheria Way. This problem initially is caused to a certain extent by 2 large oak trees located on both sides of Lutheria Way and when there are vehicles parked along Saratoga Avenue in this. area, the problem is compounded. By restricting parking along the southeasterly side of Saratoga Avenue for 115 feet southwesterly of Lutheria Way and for 130 feet northeasterly of Lutheria Way, the problem will be lessened. The Public Safety Commission supports this proposed parking restriction. Fiscal-Impacts: The cost to place the "No Parking" signs on Saratoga Avenue at Lutheria Way should amount to approximately $150.00 and would cane from the Traffic Safety Budget (3033- 3010). Attachments: 1. Resolution No. MV 2. Memos from Public Safety Comni.ssion. 3. Memos from City Engineer. Motion and Vote: • 0 RESOLUTION NO. MV- RESOLUTION PRDHIBITING PARKING ON A PORTION OF SARATOGA AVENUE AT LUPHERIA WAY The City Council of the City of Saratoga hereby resolves as follows: Section 1: The following portions of street in the City of Saratoga are hereby declared to be congested areas and the following limits for parking of motor vehicles are hereby established for said portions of said street. NAME OF STREET Saratoga Avenue Saratoga Avenue DESCRIPTION Southeasterly side between the southerly line of Lutheria Way and 115 feet southwesterly. Southeasterly side between the northerly side of Lutheria Way and 130 feet northeasterly. PARKING LIMIT No Parking Anytime No Parking Anytime This section shall beccue effective at such time as the proper signs and /or markings are installed as delineated above. The above the foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the day of 1988, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 13777 FR1`ITVALE AVENUE • S,- \R,-\ "I-OG,-\, CALIFORNIA 950 0 (408) 867 -3438 November 18, 1988 To: City Engineer From: Community Services Director �4 r , COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman Subject: Proposed Parking Restrictions along Saratoga Avenue at Lutheria Way You will recall that you submitted a report to the PSC for con- sideration at their October meeting recommending that parking be eliminated for specified distances on either side of Lutheria Way along Saratoga Avenue because parked cars made it difficult for traffic leaving Lutheria Way to travel on Saratoga Avenue to observe cross traffic. At the October meeting of the Commission, the Commissioners asked that the property owners be notified regarding your proposal, and given an opportunity to show cause why the City should or should not take the actions you recommend- ed. Based on the information you provided me, I wrote letters to all of the property owners outlining the details of your propos- al, and inviting them to attend the PSC meeting. At its regular meeting on 11/14/88, the PSC reconsidered your recommendation on this issue. They noted that none of the residents invited to come to the meeting were in attendance. In light of this, they chose to support your staff recommendation to specifically prohibit parking along the SE side of Saratoga Avenue for 115'in a SW direction from Lutheria Way, and for 130' NE of Lutheria Way as you proposed in your original 9/28/88 report. Feel free to contact me if you have any questions. jm cc: PSC Er -man, Dorseyg a 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: Director of Ccm nzdty Services DATE: 10 -24 -88 FROM: City Engineer SUBJECT: proposed parking Restriction on Saratoga Avenue at Lutheria Way In response to the public Safety Commission's concern regarding the property owners being affected due to the proposed parking restriction on Saratoga Avenue at Lutheria Way, there are no residences fronting Saratoga Avenue within the limits of the proposed restriction. Both of the homes where this restriction is proposed front on Lutheria Way, of the two other homes; one to the southwest of Lutheria Way fronts on Saratoga Avenue with no proposed restriction along its frontage; and the other hame fronts on Juniper Lane with no restriction proposed for its Saratoga Avenue side. Attached is map showing the above addressed homes in question, along with the proposed parking restrictions. Let me know if you need any additional information on this matter.. S. Shook City Engineer RSS /df Attachment SCLI G � 13 zdo S� �03 FD7- 24-23. J N 397 -24 -42 C.-W1z C14232 Saea,.jy�-,q Wi //� s, Currie H. Hawthorne Farm Or /ea n , Va. 0 397-23 -36 Sullivan, Margot J. 14221 LutheriQ ivy. Sara to ga , G a. 9� G 7C 03 .397 -24- Z3 Hoover, Char /es R. /420o Luflaer,a 14/y. Sara tv 94 � C«. 950 /C 3 9 7 -24- 4,Z Ishi hQr.2, Mak! 14199 ✓4 n ipc''r _ /r, �y 2fr. V'�� 13777 FRUITVALE AVENUE (408) 867.3438 October 20, 1988 To: City Engineer From: Community Services Director ' S� � 'LA 9070 IL MEMBERS: OCT 21 1988 MarthaAClevenger CITY pp David Moyles SARATOG onald Peterson CITY ENGINEER'S- peryCL- Sturzman Subject: Proposed Parking Restriction on Saratoga Avenue at Lutheria Way This is in response to your memorandum of September 28, 1988, to the Public Safety Commission concerning the above referenced subject. At the regular meeting that the Saratoga Public Safety Commission held on October 10, 1988, the Commission unanimously decided to table this matter until their November 14 meeting. Because your recommendation involved the establishment of a no parking zone along Saratoga Avenue, the Commission felt that the affected property owners should be informed of this proposal before any action is taken. The Commission felt that a total of four property owners along Saratoga Avenue on either side of Lutheria Way would be affected and asked that they be informed of the matter coming before the Commission on November 14. Please follow up on the Commission's request. If you would Prefer that I notify the property owners of this meeting, I will be happy to do so as soon as you provide me with their names and addresses. Please feel free to contact me if you have any ques- tions. jm cc: Erman Dorsey PS 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Public Safety Commission DATE: 09 -28 -88 FROM: City Engineer SUBJECT: Proposed Parking Restriction on Saratoga Avenue at Lutheria Way We have been requested, by a resident of Lutheria Way to prohibit parking along a portion of Saratoga Avenue at its intersection with Lutheria Way. Presently, there are very large oak trees on the southeasterly edge of Saratoga Avenue located at both sides of Lutheria Way. Recently one of the two large oaks southwesterly of Lutheria was removed as it was dead. The existing trees along with any vehicles parked along Saratoga Avenue in this area present a difficult sight distance for vehicles needing to enter Saratoga Avenue from Lutheria Way. We recommend that parking be prohibited along the said southeasterly side of Saratoga Avenue for 115 feet southwesterly of Lutheria Way and for 130 feet northeasterly of Lutheria Way. This prohibition of parking is not going to completely eliminate the sight distance problem, but it will certainly improve it. There is no accident history at this location of which the limited sight d stance was factor. S. Shook City II�g' mpr 1 Attac nnent V _ V P � O GP. XI 1 Z- Z4 "Tiar, k Oak TOO SCALE: 6a ' /Oo K o " P � 5 / ��6 Z lo�c � oad oOA � flCe �ecen t!y /rmb✓ed. O . � DRAWN BY f 00,-s ax APPROVED BY 1 CITY OF SARATOGA s`A`E HOR. 1 = Showi7 STANDARD DRAWING VERT. 1 = DATE Y127/ee SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 1S�3'� ; AGENDA ITEM MEETING DATE: Dec. 07, 1988 CITY MGR. APPROVAL ORIGINATING DEPT: Engineering j SUBJECT: REQUEST FOR STOP SIGN ON ST. CHARLES STREET AT SIXTH STREET Recommended Motion: Adopt. Resolution No. MV- establishing a stop intersection at St. Charles and Sixth Street. Report Summary: Resulting from a request, by a.citizen, to consider installing a stop sign on St. Charles Street at its intersection with Sixth Street, a review was conducted by staff. This intersection has narrow approaches and limited sight distance and motorists use St. Charles Street as a "short cut" from Oak Street to Sixth Street. Although there is no accident history at this intersection, a stop sign should be installed on St. Charles'Street @ Sixth Street in order to more clearly establish right-of-way. The Public Safety Commission unanimously supports the installation of a stop sign on St. Charles Street at Sixth Street. Fiscal-impacts: The cost to place a stop sign and paint the.appropriate markings would amount to appoximately $150.00 and would come from the Traffic Safety Budget (3033 - 3010). Attachments: 1.,. Resolution No. MV- Memo from Public Safety Commission. 3. -Memo from City Engineer. , Motion and Vote: RESOLUTION NO. MV- RESOLUTION DESIGNATING THE INTER.SECI'ICN OF ST. CHARLES STREET AND SIXTH STREET AS A STOP INTERSECTION The City Council of the City of Saratoga hereby resolves as follows: SECTICN I. The following intersection in the City of Saratoga is hereby designated as a stop intersection. St. Charles Street All vehicles traveling on St. Charles St. southerly bound shall stop before entering Sixth Street. This section shall become effective at such time as the proper signs and /or markings are installed. The above and foregoing was passed and adopted by the City Council of the City of Saratoga.at a regular meeting held on the 16th day of December, 1988, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR �0 13777 FRUITVALE AVENUE . SARATOGA. CALIFORNIA 95070 (408) 867 -3438 November 18, 1988 To: City Engineer COUNCIL MEMBERS I Karen Anderson Martha Clevenger " efv David Moyles Donald Peterson Francis Stutzman From: Community Services Director Subject: Request for Stop Sign on St. Charles at 6th Street This is in response to your memorandum dated 11/3/88 to the PSC which made the recommendation to install a stop sign on St. Charles Street at its intersection with 6th Street in order to more clearly establish the right -of -way for traffic on 6th Street. At its regular meeting on 11/14/88, the Saratoga PSC reviewed Your report, and unanimously decided to support your staff recom- mendation. Feel free to contact me if you have any questions. Fri nwi��ql ... . • jm cc: PSC 00 (5& 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Public Safety Commission DATE: 11 -3 -88 FROM: City Engineer SUBJECT: Request for Stop Sign on St. Charles at Sixth Street We have been requested, by Mrs. Joseph Ryan of 15325 Norton Road, to consider installing a stop sign on St. Charles Street at its intersection with Sixth Street. With the recent construction of condominituns on St. Charles Street, there is considerably more traffic coming out of St. Charles Street at Sixth Street; also vehicles use St. Charles Street as a "short cut" from Oak Street to Sixth Street. the physical characteristics of this intersection, i.e. narrow approaches and limited sight distances, cause the "cannon sense" driver on St. Charles Street to cane to a full stop before entering Sixth Street. Although there is no accident history at this intersection, we are recce rending that a stop sign be installed on St. Charles Street at its intersection with Sixth Street in order to more clearly establish right -of -way. Under Section 21800(b) of the California Vehicle Code a driver on a ternunating highway (road) shall yield to vehicles on the through highway (cross street). Ro S. Shook City Engineer RsS /df Attachment L� CAT /OH MAP *fO,OOSED STOP 514;Al _ST CHART Es ST, OJT S /XTy ST. v ' � e � A\e 13777 FRL'IT\/'ALE A\' LIFORNIA 95070 (408) 867'3438 NOV 04 1986 COUNCIL MEMBERS: November 4, 1988 Mrs. Joseph Ryan 15325 Norton Road Saratoga, CA 95070 Dear Mrs. Ryan: Karen Anderson CITY OF SARATOGA Martha Clevenger CITY ENGINEER'S OFFICE David Movies Donald Peterson Francis Stutzman This is to inform you that your request for the City to install a stop sign on St. Charles Street will be considered by the Saratoga Public Safety Commission at their regular meeting on November 14, 1988. This meeting will begin at 7:00 p.m. and will be held in the "Senior Lounge" portion of the Saratoga Community Center (directly behind City Hall). You are welcome to attend this meeting in support of your request. Please contact me if you have any questions. Very truly yours, �ToddW. Ar4�bw Community Services Director jm cc: Public Safety Commission City Engineer L,21�. Traffic Technician SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.3 MEETING DATE: 12 -7 -88 ORIGINATING DEPT: ENGINEERING AGENDA ITEM CITY MGR. APPROVAL i SUBJECT: FINAL BUILDING SITE APPROVAL FOR SD 88 -012 OAK PLACE, CHARLES CHEATHMI Recommended Motion: Approve Resolution No. SD 88- 012 -01 approving Final Bulding Site. Report Summary: 1. SD 88 -012 is ready for Final Building Site Approval. 2. Owner has completed all conditions for Final Building Site. 3. Owner has paid all fees. Fiscal-Impacts: None. Attachments: 1., Resblution SD 88.- 012 -01. 26 Resolution Approving Tentative Map. 3. Location Map. Motion and Vote: RESOLUTION NO. SD 88- 012 -01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Charles Cheatham The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 10,002 square feet of .Parcel shown as Lot B on Parcel Map, Prepared by Edward Hahamian and submitted to City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of Saratoga at a regular meeting held on the day of 19 by.the following vote: • AYES: NOES: ABSENT: ATTEST: 0 CITY CLERK MAYOR r r RESOLUTION NO. SD -88 -012. RESOLUTION APPROVING TENTATIVE MAP OF BUILDING SITE AT 14458 OAR PLACE 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 -012 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 11/9/88 being hereby made for further particulars, 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 the 16th day of June, 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: - Done. 1. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. - N.A. Existing Map. 2. Submit "Parcel Map" to City for checking and recordation and pay required checking and recordation fees. 3. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. Half - Street on Oak Place. 4. Submit "Irrevocable Offer of Dedication" to provide easements, as required. - See Deferred IMProvement Agreement. 5. Improve Oak Place to City Standards, including the following: A. Designed structural section between centerline and flowline B. P.C. Concrete curb and gutter (V -24) C. Pedestrian Walkway (4 ft. P.C.C.) M SD -88 -012; 14458 Oak Place - With Building Plans . Construct standard driveway approaches. pproaches. 7 Watercourses must be kept free of obstacles which will change, retard or prevent flow. - N.A. 8. Engineered improvement plans required for-street improvements. - Done. 9. Pay Plan Check and Inspection Fees as determined from Improvement Plans. - Done. 10. Enter into "Deferred Improvement Agreement" for the required improvements in #5 - With Building Plans above. 11. Convey storm runoff to street, storm sewer or watercourse as approved by the City Engineer. 12. Provide adequate site distance and remove obstructions of view as required at driveway and access road intersections. 13. Applicant shall remove fence from the public right -of -way and obtain an encroachment permit for the new driveway. - N.A. 14. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health standards. 15. Domestic water shall be supplied by San Jose Water Works. Done. 16. The applicant shall showing the location and final map dintendeduseof approval, wellslato the SCVWD for review, certification and registration. - With Building Plans. See P.G. & E. Letter 17. The applicant shall pay appropriate fees to West valley Sanitation District I for connection to the sanitary sewer. * 18. The existing 3/4 inch gas service line shall be relocated in accordance with P.G.& E. requirements, prior to final map approval. 19. Design review approval by the Planning Commission shall be required for any structure on the subject site. 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. City Section 3. All applicable requirements of the State, County, and other Governmental entities must be met. -* 18. Use existing cottage to live until ccanpletion of house. Then P.G. & E. will decide to remove or use gas line for the new connection. Cottage will be demolished after completion of new house. SD -88 -012; 14458 Oak Place 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 Commission, State ofDCalifornia, this day ogallove°gmber,P19881by the following vote: AYES: Commissioners Guch, Burger, Harris, Kolstad, Tucker & Tappan NOES: None ABSENT: Siegfried ATTEST: Chairman, Planning mmission Secretary, Planning Commission The foregoing conditions are hereby accepted. Signature of Applicant Date J )< %ew -TTo f7 ewe 04 1 _ -x� \ a� I I � r c •s I �o-I ►.eeNT Ff 4'4• Liecaa l.cwTVO ,u FiC(D 8y., 3/ U.u.yy wyYp $at.nca A�.Rr. \ Fl, I. .. . Q^. ^Tb C4.�3Tr ^ Nom!.. �ON�Ia• ` ^�. .'bid` �� , _\ I WtTwaT R3t►.+pn.t ` i�"_...,� . , ` ,_ � ` E ,.:.` ..�1r_�t.yti �� �. ' D moor at- tlat -Atla) �'t• !� i' 50t..t[tc . ToJ4STj,rc: Se�tvc N� R . ecew OCLtlIL '<Mrl4N SOC.wC.: 7Z /L-%i Dt � is FsTiseccs�s��. t'*Y �. -.se � W� ya Zy• I cant wra tAnpwQ . I � �• X11 i 77/ \ :. t'•t.. ��1.�: fCIV s tYr SUMMARY OF FEES & BONDS ENGINEERING DEPARTMENT TRACT NO SD NO 88 -012 Storm Drain Fees $ 600.00 Park & Recreation Fees - 1,300.00 Plan Check & Inspection Fees 200.00 Final Map Check Fees $ 0.00 DEFERRED I14rROVPMENT A IMMENT nY OWNER OR HIS SUCCESSORS IN 1NTE REST TO CONSTRUCT LAND DEVELOPMENT iMPROMIENTS Project identification: SD 88-012 This agreement between the CITY OF SARATOGA, hereinafter referred to as CITY, and MR. CHUCK CHETHAM 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, MEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title and posses- sion of the real property described-in Exhibit "A ". All the terms, cove- nants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon any sale or division of the property described in Exhibit "A ", the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. II. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: The public interest is served by having all improvements along Oak Place done at once, 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 "B ". (Cross out improvements that are not re- quired.) 1. Curb and gutter 2. Sidewalks 3. Driveways 4. Street grading, base and paving 5. Storm drainage facilities kXX)BMXi=XxmKRM&X:P* >MWxitaQ at #Jt30& 31xXa &Jtitk*A"JEJt2tXX 8. Underground conduit with wiring and pull boxes 9. Barricades and other improve- ments needed for traffic safety E#39aanexxX ==xxaax3czXkKKAxgax=a. sacixxbc4ax�aeRO�x�ciC�aacA »Flcx> xstlRgp�c 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" C. When the I)ircc-.t.ur cif I'uhlic Works dctcrmLnc:n that the rc:asons for the deferment of the improvcmc'nts as set forth in Section II no longer exist, he shall notLfy Ownc•r in writing to commence their installation and construction. The .notic'e •shall I:e mailed. to the current owner or o� hcrs of the land as shown on the latest adopted county assessment roll. The notice shall describe the work to be done by owners, the time within which the work shall commence and the time within which it shall be completed. All or any portion of said improvements may be required at' a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall include the amountto be paid and the time when payment must be made. III. PERFO&`t4NCE OF THE 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 And specifications for the improvements to be prepared by com- petent persons legally:-qualified to do the work and to submit said improve ntent plans and specifications Tor approval prior to commencement of the c work described in the notice, and to pay City inspection fees. 'The work shall be done in accordance with City standards in effect at the time the improvement plans are submitted for approval. .Owner agrees to commence and complete the work within the time specified in the notice given by the Director Of Public Works and to notify the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements re- quired under this agreement, City may, at its option do the work and 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. J0114T COOPERATIVE PLAN Owner agrees to cooperate upon notice-by City with other property owners,.the City and other public agencies .to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. V REVIEW OF REOUIRE'ENTS 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 Ithe.City and the Owner. VI T1AI;;TENAl7CF. OF IDLPROVE:fENTS City agrees to accept for maintenance those improvements speqified in Section II which are constructed and completed in. accordance with City standards and requirements and are installed within rights -of -way or ease - mcnts dedicated and accepted by resolution of the City, after the expira- tion of one year from date of satisfactory completion, Owner to maintain said improve at Owner's sole cost and expense at all times prior to such acceptance by City. 01 --ner agrees to provide any necessary temporary drainage facilities, access road or other required improvenents, to assume responsibility for the proper fu-- ictioning 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. VII. UONOS Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to City a faithful performance bond and -a labor avid materials bond in an amount and form acceptable%to City ,_to be released by City Council in whole or in part upon completion of the work required and pa)-ent of all persons furnishing labor and materials in the performance 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. INDEINITY The Owner shall assume the defense and indemnify and save har-mless the City, its officers, agents and employees, from every expense, liability or payment by reason of injury, including death, to persons, or damage to , property suffered through any act or omission, including passive negligence or act of negligence, or both, of the Owner, his employees, agents, con- tractors, subcontractors, or his employees, agents, contractors, subcontrac- tors, or anyone directly or indirectly employed by either of them, or arising in any way from the work called for by this agreement, or any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non - performance of the work. IN WITNESS WHEREOF, City has executed this agreement as of CITY OF SARATOCA MAYOR I14 WITNESS WHEREOF, Owner has executed this agreement as of • November 14 1988 Owner Charles R..Cheatham (General) ir on STATE OF CALIFORNIA 11 COUNTYOF Santa Clara I SS. i • On November 14, 1988 before me, the undersigned, a No TB Lary Public in and for said State, personally appeared Charles R. Cheatham W K W I W R9[ W*XkrAP ltrt�t7K &r proved to me on the basis of satisfactory evidence) a to be the person _ whose name is subscribed to the within instrument and acknowledged that Vi executed the same. ITNESSImy hand and offi�i:al seal. OFFICIAL SEAL \�"� yn0 LEEANN MICHAEL Signatur (�I� li, NOTARY PUBLIC - CALIFORNIA �— Principal Office in Santa Clara Count Leeann Michael My Commission Expires April 6. 1990 OFC -2056 Name (Typed or Printed) rtn�..,.. ra orr w EXHIBIT "A" r1he certain real property situated in the County of Santa Clara, State of California, more particularly described as follows: Parcel B as shown on the Parcel Map was filed for record in the office of the Recorder at the County of Santa Clara, State of California, in Book 585 of Maps, at Pages 30 and 31. 54 r w 1. In rove Oak Place to city standard. 2. Construct 4' wide concrete walkway. 3. Construct storm drain as required by the Engineer. 4. Provide all utilities overhead and underground. ■ to REPORT TO THE PLANNING COMMISSION FROM: Tsvia Adar DATE: 11/9/88 PLNG. DIR. APPRV APPLICATION NO. & LOCATION: SD -88 -012, DR -88 -061; 14458 Oak Place APPLICANT /OWNER: Cheatham APN: 397 -22 -009 LD 1+440 20 20C PL. •.I t 997- 24-40 397-Z4- OAK 1... i)7 (3) Cot 7) Cpl 377-27-19 (9) 04 A3 � 10� i 7.24-41 317 -of• "99 8 1441 14490 } 1 01. 'Y J 347-27-30 O 41? i 03 04 02 09 - 2Z 79�- 14301 �s d ? `jr 4t g 14Z �j 'i 317''!x' ? ° •117-lS o1 �f .7 #.7 Z --Z -- pR £ k.14- 14333 >> 6 CA t s) �? 44) 317-23 927- 317 -27- 19 14347 - 14 U49 397- 3t -Or° 35 1434 5 14 Z60 37 -1- 19 317-Ze- SIT. 23'31 3 Q °I 317-3- it n 3972/' 3287 �� O . 397-4 i t. 2G t V .s %i� J 119 391-1 t43 Q �► CV 3 23 (y) �' 'M ~ ^h ti 3ro� 397 - ry'� ry o 42 �tlo ')It. A T gg 7 yF tfs µ39f IA 375 317oe1 C p`_ � op •1 397'SI- 317 14 - 05 46 (itst3ar5) 19 397'Z2.-2.5 Ql 1 .,4° 317-23 "� 3f1�1' %,�r�'t 10 5972 7"44 00 ^y w 1 p ° `y� 9 ,y°�Z1° .0 p 3,, of q� 'ftt ` * Wri5�tt.1 9�rY4 y3V�21 .4,to y'1 �� �' 44 tj` � ,f1 X13. A 9 ryp.Z 71i 1i y� �? Q �j44, 70 .. Oir 341 397.22- r 3417 (15r if.r 17 � k� I 1+440 20 20C PL. •.I t 997- 24-40 397-Z4- OAK 1... i)7 (3) Cot 7) Cpl 7rfi) (9) 04 A3 � 10� i 7.24-41 317 -of• "99 8 1441 14490 } 1 01. 14478 Q7 14474 4b p 03 04 02 09 - N C3) 20385 1446b X07 317- 21- 09 397- 2f - L�1 2035 (1) 1469 3?7-2Y-u! (2) 317-3- 3972/'