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HomeMy WebLinkAbout09-24-2003 Planning Commission Packet;1. CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, September 24, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting RoLLCALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter ABSENT: None STAFF: Planner Oosterhous, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of September 10, 2003.(APPROVED 7-0) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taping action on such items. However, the Planning Commission may instruct staf f accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 18, 2003. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. APPLICATION #03-116 (397-26-002) RAISSI, 14195 Saratoga Avenue; Request for design review approval to construct atwo-story residence, a detached second dwelling unit, a detached three-car garage, and a basement which is to be located under the main residence. The maximum height of the residence is 21 ft 8 inches. The proposed floor area of the main residence is 2,380 square feet. The project includes the demolition of the two existing buildings, aone-story residence and a detached garage with living space. The property is zoned R-1 12,500. The .~ property is located along Heritage Lane and the Heritage Preservation Commission has reviewed and approved the proposal. (CHRISTY Oosrl=xxous) (APPROVED 7-0) APPLICATION #03-195 (510-O1-003) QUICKE, 19892 Mendelsohn Lane; Request for design modification to a previously approved project. Specifically, the modification is to the tower element, which is at the rotation point of the structure. The plans approved by the Planning Commission on November 21, 2000 had smooth exterior walls with no window glazing. The height of the tower element has increased and there are now windows. (THOMAS SULLIVAN) (Applicant regraests this item be continued to meeting on October 8, 2003.) (APPROVED TO CONTINUE 7-0) 3. APPLICATION #03-176, (CITYWIDE) -CITY OF SARATOGA; -Multiple Zoning Ordinance Amendments updating and expanding Section 15-06: Definitions, of the Saratoga Code. The proposed amendments to Article 15-06 provide for consistency between ordinance requirements and long time practices as well as simplifying the rules. (THOMAS SULLIVAN) (CONTINUED FROM MEETING ONSEPTEMBER 10, 2003) (APPROVED 7-0) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT AT 9:IS PM TO NEXT MEETING - Wednesday, October 8, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to plamung@saratoga.ca.us CITY OF SARATOGA PLANNING COMMISSION - LAND USE AGENDA • DATE: Tuesday, September 23, 2003 -12:00 IIOOII PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue ' TYPE: Land Use Committee , SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR rl WEDNESDAY, SEPTEMBER 24, 2003 "' i• ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #03-116 - RAISSI 14195 Saratoga Avenue LAND USE COMMITTEE Item 1 The Land Use Committee is comprised of interested- Planning Commission members. The committee conducts site visits to properties which are new items on the Planning Commission agenda. The site visits are held on the Tuesday preceding the Wednesday hearing, between 12:00 p.m. and 2:00 p.m. Iris not necessary for the applicant to be present, but you are invited to join the Committee at the site visit to answer any questions, which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. • CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, September 24, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA ~ , TYPE: Regular Meeting , ROLL CALL: Commissioners Cynthia Barry, Mohammad Garakani; Susie Nagpal, Michael Schallop, -Mike Uhl, Ruchi Zutshi and Chair Jill Hunter PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of September 10, 2003: ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regardingOral Communications underPlanning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 18, 2003. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" .with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. APPLICATION #03-116 (397-26-002) RAISSI, 14195 Saratoga Avenue; Request for design review approval to construct atwo-story residence, a detached second dwelling unit, a detached three-car garage, and a basement which is to be located under the main residence. The maximum height. of the residence is 21 ft 8 inches. The proposed floor area of the main residence is 2,380 square feet. The project includes the demolition of the two existing buildings, aone-story residence and, a detached garage with living space. The property is zoned R-1 12,500. The property is located along Heritage Lane and the Heritage Preservation Commission has reviewed and approved the proposal. (CHRISTY OOSTERHOUS) 2. APPLICATION #03-195 (510-01-003) QUICKE, 19892 Mendelsohn Lane; Request for design modification to a previously approved project. Specifically, the modification is to the tower element, which is at the rotation point of the structure. The plans approved, by the, Planing Commission on November 21, 2000 had smooth exterior walls with no window glazing. The, height of the tower element has .increased and there are now windows. (THOMAS SULLIVAN) ' (Applicant requests this item be continued to meeting on October 8, 2003.) 3. APPLICATION #03-176, (CITYWIDE) -CITY OF SARATOGA; - Multiple Zoning Ordinance Amendments updating and expanding Section 15-06: Definitions, of the .Saratoga Code. The proposed amendments to Article 15-06 provide for consistency between ordinance, requirements and long time practices as well as simplifying the rules. (THOMAS SULLIVAN) (CONTINUED FROM MEETING ON SEPTEMBER 10, 200.3 DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT TO NEXTMEETING - Wednesday, October 8, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA • If-you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@sarato ag ca.us i ao. , MINUTES SARATOGA PLANNING COMMISSION. . DATE: Wednesday, September 10, 2003 ' PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA ' TYPE: Regular Meeting .Chair Hunter called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Nagpal, Schallop, Uhl and Zutshi Absent: None Staff: Director Tom Sullivan, Associate Planner Christy Oosterhous and Assistant Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of August 27, 2003. Motion: Upon. motion of Commissioner Barry, seconded by Commissioner Uhl, -the Planning Commission minutes of the regular meeting of August 27, 2003, were adopted with a correction to page 11. (6-0-0-1; Commissioner Schallop abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 4, 2003. REPORT OF APPEAL RIGHTS Chair Hunter announced that appeals are possible for any decision made on this Agenda by filing an Appeal. Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). i~ Saratoga Planning Commission Minutes of September 10, 2003 Page 2 CONSENT CALENDAR -ITEM NO. 1 RESOLUTION OF APPROVAL #03-035. APPLICATION #03-150 ALAIN PINEL REALTORS, 12772 Sarato a-Sunnyvale Road: Staff has prepared a resolution of approval for adoption by the, " Planning Commission following their motion at the August 27, 2003, meeting to permit black~lettering and a gold logo for Alain Pinel Realtors, a tenant at the Saratoga Oaks Center. (CHRISTY' OOSTERHOUS) ~ ~ ' Director Sullivan advised that the Commission should vote on the Resolution prepared'fo formalize the action taken at the last meeting relative to the signs for Alain Pinel Realtors for their offices at Saratoga Oaks Center. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Garakani, the Planning Commission adopted Resolution of Approval #03-035. formalizing ,the approval granted at its meeting of August 27, 2003, to allow an Exception to a Sign Program in order to permit black lettering and a gold logo for Alain Pinel Realtors; for their offices located at the Saratoga Oaks. Shopping Center, 12772 Saratoga- - Sunnyvale Road, by the following roll call vote: AYES: Barry, Garakani; Hunter,' Nagpal, Uhl and Zutshi NOES: -None ABSENT: None ABSTAIN: Schallop *** PUBLIC HEARING -ITEM N0.2 APPLICATION #03-146 (397-19-013) AHN, 19615 Saratoga-Los Gatos Road: The applicant requests Design Review approval to construct aone-story single-family residence greater than 18 feet in height, which requires Planning Commission approval. The maximum height of the proposed residence is 24 feet. The proposed residence, including garage, will be 5,482 square feet. Materials and colors include beige stucco exterior and a brown :tile roof. The gross lot size is 42,776 square feet. The property is zoned R-1-40,000 and the lot is triangular in shape. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking Design Review approval to allow aone-story single-family residence with a maximum height of 24 feet proposed and resulting in an approximately 5,500 square foot house. • Described the materials as being beige stucco with brown the roof. The lot is 43,000 square feet and zoned R-1-40,000. The surrounding area predominately consists of lots of one acre or more. No basement is proposed. • Said that the setback is 100 feet from Saratoga-Los Gatos Road, which greatly reduces the visibility of this structure from the road. The rooflines are varied, with 201inear feet at the 24-foot height and SO linear feet being less than 18 feet in height. • Informed the Commission that following the site visit, the applicant submitted a revised driveway plan that preserves Tree #27, which the Arborist believes can be saved despite root damage that can be mitigated. Saratoga Planning Commission Minutes of September 10, 2003 Page 3 ' • Said that three non-native trees will be removed, which will have but a minor impact on the Urban Forest. • Recommended approval. ~ ' ~. .Commissioner Barry asked if the roof tiles on the sample board reflect cement tiles. Associate Planner Christy Oosterhous replied that she was uncertain. Commissioner Barry asked if staff had discussed .the possibility. of incorporating pervious paving materials on this property, as there is a considerable amount of impervious surface: Associate Planner Christy Oosterhous advised that staff .has not pursued the. inclusion of pervious paving. ~ ~ ~ ~ ~ ~ , Commissioner Nagpal asked what is the current percentage of pervious coverage. Associate Planner Christy Oosterhous said she was not sure what the current coverage is but that the proposed amount equals. 32 percent. The driveway, which is currently gravel, is proposed to be replaced with pavers on sand. Commissioner Nagpal asked whether the applicant has been made aware of the mitigation measures for the trees. ' Associate .Planner Christy Oosterhous advised that the property owner wants to save that tree and prefers the revised plan for the driveway. Commissioner Zutshi asked for details on the stages of roof heights. Associate Planner Christy Oosterhous advised that the highest point is 24 feet for about 201inear feet. The next step down is at 21 feet. Next is 18 feet and the garage is 16 feet. Commissioner Garakani questioned whether the issues of bulk and mass are what bring this project to the Commission. Director Tom Sullivan advised that under the Design Review Section of the Zoning Code, residences taller than 18 feet are required to be brought before the Planning Commission for public hearing. Bulk and mass -are just one area that is taken into consideration. Chair Hunter opened the Public Hearing for Agenda Item No. 2. Mr. Young Ahn, Applicant and Property Owner, 19615 Saratoga-Los Gatos Road, Saratoga: • Thanked the Commissioners for their visit to his property. • Said that. he has striven to achieve a design that offers good balance and harmony for the neighborhood and assured the Commission that he has consulted with his neighbors. • Advised that all his neighbors are okay with his plan. • • Pointed out that 26 feet is the maximum height allowed under the Zoning Code. Saratoga Planning Commission Minutes of September 10, 2003 Page 4 • Stated that with the four percent slope on his property, from south to north, the appearance of height , of his home from the road would seem to be 16 feet; resulting in an 8 foot difference from the actual maximum proposed height of 24 feet.- • Added that there are a lot of trees that screen his, site from, the road and that there will be a 100 fpot setback, with the closest point being the garage, which would be -set back 66 feet. The minimum requirement for this setback is only 30 feet. • Assured that they want to make this house better, riot worse. ' • Said that his designer is available for questions. • Informed that he purchased this lot in April and worked for three months to develop the plan. , • Said that the driveway is proposed to be constructed of small cellblock pavers. • Stated he would be available to answer any questions. Commissioner Barry suggested that water would not drain through that type of paver. Mr. Young Ain .said that this material is better than concrete. Chair Hunter pointed out that the large trees along Highway 9 are very important and expressed appreciation to Mr. Young Ahn for his work in retaining the large Monterey Pine. Mr. Young Ahn said that he fully agrees with Chair Hunter on this issue. Mr. Tri Hong, Project Architect, said he would be available for any questions. Commissioner Barry asked Mr. Tri Hong about the roof the material and about the poss7ble inclusion of pervious surfaces. Mr. Tri Hong: • Stated that the roofing material is concrete tile. • Advised that the driveway had originally been planned as concrete but that Mr. Young Ahn instead chose to use pavers, which drain better than solid concrete. Director Tom Sullivan suggested that the Commission can elect to condition the inclusion of pervious pavers for the driveway should it wish to do so. Commissioner Zutshi asked about the width of the entry porch as well as the columns. Mr. Tri Hong replied that the porch is 18 feet wide and the columns are two foot square. Commissioner Garakani stated that the total height of the. building, as-well as its entry feature, are of concern to him and questioned if they would consider a redesign. Mr. Tri Hong said that this is a widespread house and one wants the plate height to gradually step up. Said it is important to look at the whole picture; not just one element. Pointed out the eight-foot difference from the site of the house to the road, which leaves the structure appearing to only be 16 feet maximum height as seen from the road. fa Commissioner Garakani asked Mr. Tri Hong what he considers when, descnbmg bulk and mass o structure. Saratoga Planning Commission Minutes of September 10, 2003 Page 5 Mr. Tri Hong replied large unarticulated stucco walls and/or two-story structures. Commissioner Garakani asked what the maximum .allowable height is for atwo-story Home. Director Tom Sullivan replied that the maximum overall height for a home is 26 feet, which does not differentiate between one and two-story structures: ~ , Commissioner Zutshi asked if attic space is counted. Director Tom Sullivan replied not if attic space is unusable. Vaulted spaces are counted if above 15 i I ~, , feet in height. Mr. Scott Emery, 14780 Live Oak Lane,' Saratoga: • Stated that this will be a welcome improvement to the neighborhood. • Described the existing walking path in the area that is used by a lot of people from the elderly to young moms to children. However, this path ends in front of five homes, including this one. • Recounted an experience his wife and her friend had while walking along the portion where the path, terminates. They were forced to jump into bushes in order to avoid a car that was driving on the shoulder of the road in order to pass another car.- • Suggested that it would be a good step to have the path continue along the frontage. of this property. Chair Hunter asked if the path is in place on the parcels on either side of this one. Mr. Scott Emery said that the path alternates on both sides of the street in some areas. Commissioner Nagpal asked if improving the path in front of this property wound connect to the.. existing path. Mr. Scott Emery replied he was not sure. Associate Planner Christy Oosterhous advised that it would connect to the south but would take a few properties up the road before it connects again to the north. Additionally, it might require cutting back of pine trees to install a walking path. Commissioner Barry: • Expressed her thanks to Mr. Scott Emery for bringing this issue of the pedestrian .path up for discussion. • Added that her own daughter used to ride her bicycle on Highway 9 about 20 .years ago and that she used to be afraid for her safety when doing so. • Said that this is a point well taken and that it is important to develop a consistent path. • Pointed out that many property owners appear to have taken it upon. themselves to install a path in front of their property. Director Tom Sullivan: • Pointed out that CalTrans has less right-of-way in front of these few houses than along the rest of Saratoga-Los Gatos Road. Saratoga Planning Commission Minutes of September 10, 2003 Page 6 • Advised that while an Ordinance Amendment will enable the Commission to impose exactions with a Design Review, approval, this Amendment is effective in October. Until that 'time, the Commission does~not have the authority to impose such an exaction. ,. Mr. Tri Hong advised the Commission that upon consultation with his client, Mr. Young Ahn Has no problem installing the path but seeks direction on how big and wide it must be. Assured .that Mr.~ Young Ahn is willing to do so for safety's sake. , , Chair Hunter said that this will help although there will still be other parcels remaining without a path. I Chair Hunter closed the Public Hearing for Agenda Item No. 2. Commissioner Uhl: • Stated that this is a beautiful design and the applicant did a great job meeting with his neighbors. • Commended Mr. Young Ahn for going out of his way to preserve the Monterey Pine. • Expressed appreciation for Mr. Young Ahn's willingness to put in a path, saying Mr. Young Ahn has been more than accommodating. ~ ' • Said he supports the project. Commissioner Garakani: • Advised that while the design of this home is good, he has a problem with its bulk and mass. • Said he does not want to see more homes that are both wide and tall. • Stated this house is too big and that the entry feature is too wide and too tall. Commissioner Nagpal: • Stated that this is a nice looking design on a one-acre lot. ' • Said that the height benefits the roofline and makes the design nicer. • Expressed her support for the applicant's project with the inclusion of pervious pavers on the driveway, compliance with the Arborist's recommendations, installation of the pedestrian path and preservation of trees. Commissioner Barry: • Reiterated the importance of the pedestrian path, saying that if this family is willing to lead the way, maybe others will voluntarily do so too. • Added that the path could simply be gravel and that the details should be left to the applicant and staff to work out. • Suggested a Condition of Approval requiring the inclusion of some pervious paving. • Agreed with Commissioner Nagpal about the beautiful design of the house but that the entry stands out as an unnecessarily tall feature. • Added that, however, this house design is proportional and to lower the entry they would have to reduce the whole house and that would gain nothing. Commissioner Schallop expressed his agreement with the comments made by .Commissioners Barry and Uhl. Commissioner Zutshi: Saratoga Planning Commission Minutes of September 10, 2003 Page 7 • Said that this is a balanced building with its differing rooflines. However, the entrance is huge at 18 feet wide and 18 feet tall. • .Suggested that if th'e entr were to be lowered b a few feet, she would be ha ~ f Y Y PPY• • Said that this is both a long and a tall house. ' , Commissioner Uhl said that the applicant has designed the house so, long because he does riot want to' construct atwo-story structure, preferring the lifestyle achieved with asingle-story home. Director Tom Sullivan said that the plate line of the entry and front. of the house do not want to be the same as that would create problems with drainage. If the design of this structure has to' be lowered, the whole house must get longer to compensate. Chair Hunter: • Said that this is a nice design that might be long but is also proportional. • Said that since it is built inside a valley, she is not concerned about the 24-foot height. • Thanked the applicant for preserving the Monterey Pine and reiterated the impgrtance of the scenic highway that is Highway 9: ' • Suggested that the applicant and staff work with CalTraris on the issue of the pedestrian path. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner- Barry, .the Planning Commission granted Design Review .Approval (Application #03-146) to construct cone-story single-family residence with a maximum height of 24. feet on property located at 19615 Saratoga-Los Gatos Road, incorporating the newest recommendations of the Arborist (dated September 10, 2003), with the use of pervious pavers on the driveway and with the applicant working with staff regarding the details of installing a pedestrian path at the front property line, by the following roll call vote: AYES: Barry, Hunter, Nagpal, Schallop, Uhl and Zutshi NOES: Garakani ABSENT: None ABSTAIN: None ~~~ PUBLIC HEARING -ITEM N0.3 APPLICATION #03-150 (393-21-006) AT&T Wireless, 13000 Glen Brae Drive: Request for Use Permit. approval to install six panel antennas and an equipment enclosure at the location of an existing utility lattice tower near Congress Springs Park along the railroad tracks at Glen Brae Drive and Chardonnay Court. Irrigation and landscaping are proposed.. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant. is seeking approval of a Use Permit to allow the installation of a six- panel antenna and equipment enclosure on an existing 125-foot utility tower located near Congress Springs Park. The antennas would be .positioned 60 feet above grade and would match the tower. The antennas are four.feet long, one foot wide and four inches deep. Saratoga Planning Commission Minutes of September 10, 2003 ~ .Page 8 • Described the equipment enclosure as 19 feet long, 10 feet, wide and six feet high. The building materials for the equipment enclosure are- earth tone slip slumpstone, which would be covered with creeping fig vines. • Stated that staff, as a result of concerns expressed by members of the Planning Commission during their site visit, is recommending the planting of additional screening landscaping, such as oleander bushes. • Informed that the FCC establishes standards for RF emissions. The RF levels for~this installation ' would fall well below the maximum permissible. • Stated that this installation would be visually unobtrusive and would have -less impact than other installations in ,the City. • Recommended approval with the modification to require the enclosure to be constructed seven-and- a-half feet high, with additional landscape screening and irrigation to support that landscaping: Commissioner Garakani asked if this is the same carrier that has the installation on Cox Avenue. Associate Planner Christy Oosterhous replied no. The installation on Cox belongs. to Nextel. Commissioner Uhl said that the installation on Cox looks terrible. Associate Planner Christy Oosterhous reminded that this is a different carrier. Director Tom Sullivan: • Advised that the City had required landscaping for the Quito Road installation but that the landscaping subsequently died. Staff had to threaten to bring that applicant back before the . Commission for a revocation hearing before the replanting of the required landscaping occurred. • Added that the installation on Cox looks exactly as it was approved and was one that had been denied by the Commission and appealed to Council, which overturned the denial. Commissioner Barry: • Questioned whether this applicant has followed the protocol established by a previous body of Planning Commissioners. • Added that she does not see the coverage of issues such as noise and mandatory testing as well as the upgrading requirement, which requires any facility to maintain state of the art equipment as technology improves. . • Asked if that protocol was used in evaluating this application. Director Tom Sullivan: • Replied that he has not seen that protocol and that it is not included within City Code. • Added that equipment upgrades automatically occur, as it is necessary for carriers' equipment to stay state of the art in order to remain competitive. • Advised that the only potential noise impacts would be air conditioning units but since this is an open equipment enclosure, there will be no air conditioning units associated with this installation. • Reminded that the FCC requires regular mandatory testing. Commissioner Barry asked staff if it would be too onerous to require either six-month or one-year review of this site to assure continued maintenance of the screening landscaping. •. Saratoga Planning Commission Minutes of September 10, 2003 Page 9 Director Tom Sullivan advised that his staff understands that if ',they bring a cell site forward to the Commission, they own that site and will have the on-going responsibility to assure. that it is well maintained. ' Commissioner Uhl pointed out that landscaping could help alleviate the unsightliness of these towers: , Director Tom Sullivan cautioned that PG&E is unwilling to have any type- of landscaping with any height located near its towers and lines. , Commissioner Barry asked whether staff has looked at ways to limit installations and pointed out that it ~ ~ r is not clear to her that these new antennas increase coverage. ~ „~ Chair Hunter opened the Public Hearing for Agenda Item No. 3. Mr. Rich Hildebrand, AT&T Representative: • Explained that the reason for the six-foot high enclosure is that it is Federally mandated: However, if it were required to be any higher, some of their equipment would not'function. • Suggested that it would be preferable for them, if required to construct the seven-and-a-half foot high equipment enclosure to hide some of their equipment, to move some of the equipment (antennas) from the equipment structure onto the tower and keep the cabinet at six feet in height. Commissioner Garakani asked how large this additional equipment is that would have to be placed onto the tower. Mr. Rich Hildebrand replied very small. Commissioner Barry asked if it would be visible from the nearby residences. Mr. Rich Hildebrand advised that this equipment represents new technology that will help locate cell phone users. Commissioner Garakani asked for the dimensions of this equipment. Commissioner Uhl suggested that they appear to be approximately three feet from looking at the plans. Mr. Rich Hildebrand said that they are probably less than one foot. Commissioner Nagpal asked Mr. Rich Hildebrand how often emissions tests are conduction after installation and what sort of monitoring program is in place. Mr. Rich Hildebrand advised that a lot of local jurisdictions require regular testing and they perform that testing as required. Added that their emissions are less than one percent of that allowed under FCC regulations. Commissioner Nagpal asked Mr. Rich Hildebrand if he would be open to regular testing. • Mr. Rich Hildebrand replied yes. Saratoga Planning Commission Minutes of September 10, 2003 ~ Page 10 Commissioner Uhl asked- about incorporating oleanders as screening landscaping and asked Mr. Rich ~ ' Hildebrand if he has any objection to that requirement. Mr. Rich Hildebrand asked for clarification as to what amount of area would need to be screened. Commissioner Uhl suggested that the whole,lot should be hidden from view with this landscaping. Mr. Rich Hildebrand replied that he did not think that would be a problem. ~' Chair Hunter cautioned that since this is public park that is ,well used by children in 'the community, oleanders are not a good landscaping choice since their leaves ark poisonous if 'ingested. Director Tom Sullivan advised that something safer could be selected: Commissioner Barry asked about coverage with these new antennas. ~, Mr. Rich Hildebrand said that the installation is intended to meet three objectives:' coverage, capacity and new services (locating cell phone users). Commissioner Barry pointed out that the exhibit seems to demonstrate that coverage is already good. Director Tom Sullivan advised Commissioner Barry that this exhibit depicts coverage as it would be with this new installation. Mr. John A. Yfantis, 13135 Quito Road, Saratoga: • Stated that RF levels need to be quantified and that watts or mili-watts should be provided. , • Stated that these levels can be detrimental to the health of people and animals. Mr. Meir Levi; 13126 Anza Drive, Saratoga: • Pointed out that the cell phone coverage is poor in Saratoga. • Added that he cannot even use his cell phone from inside his house. • Said that he is just a subscriber and not a part of AT&T. • Said with the GSL technology he will be able to use his cell phone internationally, which is very useful since he travels overseas. • Declared his full support for this application, saying that it is needed. Chair Hunter closed the Public Hearing for Agenda Item No. 3. Commissioner Barry pointed out that this is the first such antenna application where there have not been lots of people present in opposition due to safety concerns. Commissioner Garakani replied that it is likely due to the fact that most people now understand that they cannot prevent such installations. Added that he will support this application based upon testimony. Commissioner Uhl stressed the importance of making antenna sites look better as befits the community. . Saratoga Planning Commission Minutes of September 10, 2003 Page 11 Commissioner Zutshi agreed, saying that while we cannot help but have antennas, they should be worth looking at and somehow beautify the-area through screening landscaping. ~ ' Commissioner Nagpal said she supports what has been said acid suggested that RF reports be prodded.' to staff for their files.. ~ ~ ~ , Commissioner Barry stressed the importance of requiring regular,testing after installatio$. Commissioner Nagpal agreed that annual testing should be required. Chair Hunter said that she is fine with this request-since the utility towers are already there and due to the need for cell phone connections. Suggested a native lilac plant in -lieu of oleanders, since oleanders are not appropriate for a park where children play and since the native lilac is both beautiful and fast growing. Motion: Upon motion of ,Commissioner Nagpal, seconded by Commissioner Zutshi, -the Planning Commission .approved Application #03-150 ' granting a Use Permit to allow the installation of six antennas and an equipment enclosure on property located at 13000 Glen Brae Drive and Chardonnay Court, which is the location of an existing utility lattice tower near Congress Springs Park, with the .added requirements that: • Three sides incorporate screening landscaping (park, road and neighborhood side; • That there be regular monitoring of RF emissions on an annual basis; • With the GSL antenna being moved from the enclosure to the tower; and • That a seven-and-a-half .foot wall be constructed around the equipment enclosure; by the following roll call vote: AYES: Barry, Garakani, Hunter, Nagpal, Schallop, Uhl and Zutshi NOES: None ABSENT: None ABSTAIN: None ~~~~** PUBLIC HEARING -ITEM N0.4 APPLICATION #02-182 (389-14-037) DORCICH ORCHARD SUBDIVISION, 13089 Quito Road: Request for Planning Commission approval of a seven lot subdivision of the 1.97 acre property located at the corner of Quito Road and Martha Drive. The R-1-10,000 zoned parcel would be subdivided into lots ranging from 10,072 square feet to 12,356 square feet. Six of the lots would take access from the proposed private cul-de-sac. The seventh lot would take access from McFarland Street if a lot line change were approved for Lot 3. The existing historic farmhouse would be restored and moved onto Lot 4, which is at the end of the cul-de-sac. (ANN WELSH) Assistant Planner. Ann Welsh presented the staff report as follows: • Advised ,that the applicant is seeking to subdivide a 1.97-acre parcel into seven lots on property located at 13089 Quito Road. Saratoga Planning Commission Minutes of September 10, 2003 Page 12 • Described the zoning as R-1-10,000. ' • Informed that the proposed lots would range from 10,000 to 12,000 square feet, with fix' lots' to access a proposed new cul-de-sac off of Martha Avenue and the seventh to have reverse frontage and be accessed from McFarland Avenue. ' • Stated that ~ the Mitchell House, a farmhouse that has been recommended for preservation by the Heritage Preservation Commission, would be relocated on the property and retained and restored. • Said that this subdivision does not meet the Subdivision Map Act Standards regarding lot shape and street width. The required road width is 45 feet for the right-of-way with 30 feet paved: ,What is ' ,proposed is 28 feet paved right-of-way with the elimination of the right to park on one side of the street as well as on the bulb. ~ Stated that staff is concerned that this represents a serious reduction in overflow parking that could. create an intensification of street parking on the surrounding neighborhood. These concerns can be avoided by meeting street size requirements. • Added that this is not a reasonable deviation from standards in that five of seven lots would not comply. • Recommended denial and, that the applicant be directed to revise their plan to meet zoning and design criteria. Commissioner Garakani said that during the site visit the applicant presented several cul-de-sac plans, all of which were worse than this one. Assistant Planner Ann Welsh pointed out that without topography information, what has been provided in insufficient. Added that there are no irregularities with this parcel that would warrant deviation from the requirements. Commissioner Nagpal sought clarification on the street width and reasoning behind it. ~ ' Assistant Planner Ann Welsh advised that the Fire Department only allows parking on one side of the street if the street width is between 28 and 36 feet wide. A street must be a minimum of 37 feet to allow street parking on both sides of the road. Commissioner Barry asked why staff is not requiring 60 feet. Assistant Planner Ann Welsh pointed out that -this is a cul-de-sac while the 60-foot street is the standard for aright-of-way street. Commissioner Nagpal asked if any discussion had occurred regarding having the street- turn in from Quito Road. Assistant Planner Ann Welsh advised that Subdivision Map Act requires that new .streets access. from lower intensity roadways. Commissioner Nagpal asked if deviation from that rule is possible. Assistant Planner Ann Welsh said that staff would not so recommend. Mr. Tom Kitwell, A licant: PP Saratoga Planning Commission Minutes of September 10, 2003 Page 13 • Described the benefits of his project, wherein they are splitting atwo-acre ,property into seven lots with proposed houses to be two-story that will blend with the existing historical farmhouse. • • Said that they will preserve the existing historic house, which will be relocated to the center'lot. !' • Added that the anticipated cost of restoration of the farmhouse will be $480,000. • Quashed the rumor that they plan to build a walled and gated community, adding that .the only wall would be a sound wall to mitigate sound from Quito Road. • Said that they plan to preserve all Category 1 trees and most of the Category 2 and 3'trees. , • Described the proposed houses as being 3,000 square foot. , ' ' • Said that they initially, had a 40-foot road but that both Public Works and Planning staff had recommended a reduction to 28 feet. • Said-that there is not enough width for this parcel to expand the road further with six or seven lots: • Added that the only solution for a cul-de-sac accessing from Martha is a 28-foot road. • Took exception to staff's issue about property lines not being straight or radial to the cul-de-sac, saying that theirs is the only practical solution and is similar to other cul-de-sacs in the community. • Said that the selling price per lot could not be justified if there were fewer lots. • Pointed out that per their., calculations there will be 44 parking. spaces on the seven lots and 70 spaces available when counting street parking on Martha and Quito. • Said that the project does meeting Zoning and Subdivision requirements and'requested approval. • Stated that even if they went with a 37-foot wide street-that would only provide about four-more parking spaces. Commissioner Barry expressed interest in seeing a schematic of the site when the road was at 40 feet in width. Commissioner Nagpal asked how many lots could be accommodated to meet lot depth requirements. Mr. Tom Kitwell replied four. Commissioner Nagpal questioned the practicality of stacking cars six deep on a driveway. Commissioner Garakani agreed that this would not be practical all of the time. Assistant Planner Ann Welsh said that this is just a demonstration on behalf of the applicant and is not a practical alternative. Commissioner Uhl asked if it is in compliance. Mr. Tom Kitwell .pointed out that the requirement reads "as practical" and therefore this is not outside the letter of the law. Assistant Planner Ann Welsh: • Replied that there are two issues and sets of regulations. • Advised that the Zoning issues are lot depth, width and setbacks. This project conforms to those standards. • Informed that the .Subdivision regulations consider the aesthetics for the design of the entire subdivision regarding how usable lots would be and calls for right angles to the street and to the radius of a cul-de-sac. Saratoga Planning Commission Minutes of September 10, 2003 Page 14 • Added that this is a flat piece of land with no issues such .as streams crossing the parcel. The soils , are excellent and there are no restrictions to prevent compliance with subdivision requirements .but rather this applicant simply wants an extra one to two lots more than the. parcel can effectively accommodate. Commissioner Barry stated that there is no requirement to allow the maximum number of lots. Commissioner Nagpal agreed; stating that there is no requirement for up to 12,000 square ,foot .lots, There could be larger lots. Assistant Planner Ann Welsh pointed out that the minimum lot size required is 10,000 square feet and 12,000 square feet for corner lots.. Commissioner Uhl asked why fewer lots were not proposed. Mr. Tom Kitwell said that there would be no profit with only six lots. Seven lots. are required to make this a financially viable project. Reminded that they will expend $480,000 in restoring the historic structure. Chair Hunter said that she attended Heritage Preservation Commission meetings and is well aware that the requirement to retain and restore this historic farmhouse was no surprise to the applicant but rather has been made quite clear as a condition for the development of this property over the last several years. Mr.-Salim Sagarchi Project Developer: • Explained the drop in real estate prices recently, which resulted in a reduction of their original purchase price from $3.6 million to $2,8 million. • Said that they have worked with the City for over a year now and they have met the Zoning requirements. • Said that he is just now hearing that the road is too narrow and said that it was a recommendation by staff to develop this as a private road. • Said that he is working this project in order to make a living and after two to three years of work his profit margin is only six percent. Chair Hunter asked staff why a private road was recommended over a public road. Assistant Planner Ann Welsh: • Advised that -staff had sent correspondence to this applicant recommending the reduction to six lots. The use of a private road is just a judgement call and that they have worked with the applicant for over a year to try and make this project work. • Added that in the past the City has allowed a 28-foot road. • Stated that they have tried to consider all options. Director Tom Sullivan stated that when inclusion of either a public or private road is considered, all impacts have to be discussed. Assistant Planner Ann Welsh advised that there was no discussion of a 28 foot wide road with the proposed seven lots and reminded that her last letter included a recommendation for a reduction to six lots.. However, the applicant elected to move forward with their proposal for seven lots. Saratoga Planning Commission Minutes of September 10, 2003 Page 15 Mr. Tom Kitwell said -that the problem is with the width of the lot when accessed from Martha. The ' 28- foot wide road is the only practical thing to do. , ,Commissioner Nagpal asked for clarification that comments' on design 'are not being considered this , evening. Assistant Planner Ann Welsh replied yes. , Commissioner Uhl asked if the Planning Commission- would consider each new residence at a future date. ~ ~, Assistant Planner Ann Welsh replied yes, each structure would come before the Commission for. Design Review approval. Commissioner Barry pointed out that with past applications, issues such as trees and building envelopes have been considered during the Subdivision approval. Chair Hunter questioned the viability of a fig tree that is supposed to be doomed. Mr. Tom Kitwell said he was not sure. Mr. Lupe Chavarria, Project Civil Engineer: • .Said that this tree, located on Lot 6, could be saved but would need to be trimmed. Commissioner Uhl asked if there are any alternatives to a Martha Avenue entrance. Assistant Planner Ann Welsh replied that a standard traffic impact. analysis finds that there is too much,, traffic flow on Quito to access this new street from that road. Director Tom Sullivan added that it is a clear and practical nationwide standard to minimize the number of driveways and/or streets on major arterials. Commissioner Barry questioned if one entrance could access off Quito. Assistant Planner Ann Welsh said that the Traffic Consultant has blessed the access off of Martha. Chair Hunter pointed out that a private road is the responsibility of the property owners to maintain. Commissioner Barry advised that when the City's Circulation Element was revised, it was determined that any future development would be limited by the ability of the surrounding streets to accept, the impacts of the development. This was incorporated as a clear policy of the Circulation Element. Chair Hunter opened the Public Hearing for Agenda Item No. 4. , Ms. Paula McCarthy, 18566 Martha Avenue, Saratoga: • Identified herself as the .neighbor directly across the street -from the proposed development and therefore the most impacted. Saratoga Planning Commission Minutes of September 10, 2003 Page 16 • Expressed her support for the project albeit without any deviation from City.Codes: • Said that she knew the late Mr. Dorcich and he was aware that this property would riot remain'an orchard. • Suggested working with this developer to make this development the best it can be as it could. enhance this property. • Said that the fence issue was a huge issue for her, particularly when asix-foot~chain link.fence was installed on the property line. • Stated that this project will be in improvement and pointed out that houses that cost more than a million dollars would not have six cars parked in front so that parking for this development should ' not become an issue. • Reiterated her support of this project without any deviation from Code requirements. • Questioned what would happen if this project were not to be approved. • Pointed out that- if the property is developed with fewer but larger lots, the result would be very large homes that would not fit in with the immediate area. • Suggested the need to balance the size of lots with the size of homes on those lot$. Commissioner Nagpal asked Ms. Paula McCarthy if she would like to see a small park area incorporated into this development. Ms: Paula McCarthy replied yes, if feasible. Mr. James Togami, 18859 McFarland Avenue, Saratoga: • Said he has resided in this neighborhood for six years. • Stated that he understands the financial position of the developer but, on the other hand, while the. developer will build and leave the neighborhood, the rest of the residents are stuck with whatever is built. ' • Said that seven houses on this property is not very aesthetic nor the best fit for the neighborhood. • Agreed that real estate prices have gone down, which is the current economic reality. However, this project should not be approved simply for the possibility of economic benefit to the developer. A lot of businesses can't even break even these days. Therefore, there is no reason to approve something if it is not right in the first place. • Stated that a driveway from McFarland will encroach on another house, which he would not like if it were his home. • Said that no one would likely park six cars in a driveway as drivers need to be able to come and go. Therefore, they will likely park on the street. • Asked the Commission not to bend its standards due to financial hardship. Mr. Christopher Ducote, 18569 McFarland Avenue, Saratoga: • Said his property is located behind proposed Lots 3 and 4; which is adjacent to the old house at the moment. • Said he has resided in the neighborhood for 51 years, 20 years in his current residence. • Stated his two concerns include access from McFarland. and the plan for two-story homes on these newly created lots.. • Said that he essentially has lived with no neighbor for 20 years. • Stated that introducing two-story homes is a big step. Saratoga Planning Commission Minutes of September 10, 2003 Page 17 • Advised that the homes in the area were traditionally 900 to 1,200 square feet. With additions over the years, the homes now. average between 1,800 to 2,000 square feet not the 3,000 foot average~as stated by this developer. • Pointed out the history of accidents along McFarland Avenue where parked cars have been hit. • Stated that plans to access this new cul-de-sae from McFarland would result in' severe access problems. Commissioner Barry asked if these accidents have been documented. Mr. Christopher Ducote replied yes, both by the City and Sheriff's Department. Commissioner Garakani pointed out that there is already. one two-story on the block. Mr. Christopher Ducote advised that this was a remodel and not original to the neighborhood. Commissioner Garakani asked about cars parked along McFarland. Mr. Christopher Ducote said that he parks cars near the newly proposed street .entrance in order to prevent his cars from being hit by passing traffic. , Mr. John Yfantis, 13135 Quito Road, Saratoga: • Said that the property was no bought for charity but for profit. • Pointed out that staff has. said that Zoning requirements are being met but not' Subdivision • requirements. • Stated that seven lots is riot the way to go. • Suggested that entry from Quito would be fine and that there would be less traffic than before when the fruit stand was operated from this site. • Stated that he knew Mr. Dorcich for 18 years and he wanted this property to remain as it is and tried to sell it as such. • Expressed that he is against this project as proposed.. • Said it seems that there has not been clear cut communication between this applicant and the City... • Offered his opinion that rules must be followed so that double standards do not occur. Reported that there is a record of accidents and that he himself has seen many occur. • Said that he told the City that more lights were needed along McFarland. • Advised that it is the consensus of the neighborhood that seven homes would not be compatible. • Suggested that everyone meet half way. • Said that any entitlement granted to this developer should be available to all in the neighborhood, including the right of two-story homes. • Thanked the Commission for its time. Mr. Don' Bonnett, 18612 McFarland Avenue, Saratoga: • Said he has been in the neighborhood since 1977. • Said that access from McFarland would take from the adjacent house and infringe on that home's appearance., • • Expressed concern over too many two-story homes, saying that there are several in the neighborhood but that he does not want all homes in this development to be two-story. This would not be in keeping with the overall neighborhood. Saratoga Planning Commission Minutes of September 10, 2003 Page 18 . • Said that since cars have been parked on the corner, no ,accidents have occurred there since. It appears that reflector lights from these cars are visible to passing motorists. • Said that he knew Lou Dorchich since 1978/79 and that T,ou would have loved his orchard to , remain an orchard: Commissioner Barry asked if there is a neighborhood association: , Mr. Don Bonnett replied that it is informal and that he has not participated in it. Said he did participate in the effort to have the speed bumps installed. Commissioner Barry advised that the City has an opportunity for neighborhoods to petition for aone- , I story overlay that would limit homes to asingle-story, such as was approved for Saratoga Woods. Mr. Don Bonnett said that he doesn't mind a few two-story homes, just not all homes in the neighborhood. Mr. Robert Block, 18595 McFarland Avenue, Saratoga: • Agreed with his neighbor. • Said that he does not want a driveway access onto McFarland as it would be unsafe.. • Said that six lots on this subdivision would be best. • Stated that the speed bumps were added to slow traffic and .having a house here would not, be an asset to that area of the street. Commissioner Garakani asked Mr. Block how he feels. about the existing two-story borne on his street. Mr. Robert Block replied that it was there when he moved in. Thanked the- staff for its good work done here. Mr. Conrad Lynch, 18581 McFarland Avenue, Saratoga: • Identified his house as the two-story previously mentioned. • Questioned whether a lot line adjustment would be required to accommodate this new driveway access from McFarland. • Said that this driveway would be right across from his home and that he does not want it. • Said that he has cars parked on the street as do his neighbors. • Said that there is no room to park on the bend of the road. • .Admitted that he was under the impression two-story homes were not permitted and said that if an existing one-story next door to him was proposing asecond-story addition, he would object even though he himself has atwo-story residence. • Stated that someone from out of their area is proposing to make a profit out of their concerns. Commissioner Barry assured that profit is not part of the consideration under Land Use law. Mr. Michael Bustamante, 18802 McFarland Avenue, Saratoga: • Advised that he was part of the Traffic Committee that worked to obtain speed bumps. • Said that the issue with the corner is that it is dark and narrow. • • Pointed that the owner of the two-story cannot park in front of his own house because of the bend in the road. Saratoga Planning Commission Minutes of September 10, 2003 Page 19 • Said that if only six homes are constructed on this parcel, there will be no need from access from McFarland Avenue. • Suggested basements in lieu of two-story homes. • Pointed out that the Belle Grove development: should by no means b'e a reference and/or map to development of this site. ~ ' Mr. John Yfantis, 13135 Quito Road, Saratoga: • Stated that he -did not think the City would allow two-story homes. • Said he was told that second stories would be allowed only if the second floor is offset or if the property owner, obtains his neighbors' support. . • Stated that if two-story homes are allowed on this development, he wants the same entitlement for ~, all other properties in the neighborhood. Ms. Elizabeth Lara; 18872 Devon Avenue, Saratoga: • Said she is 41 years old and that she also knew Lou Dorcich. • Said that per a survey, 82 percent of the people want single-story homes. • Suggested that the Mitchell home be kept in a prominent location on this property and not on Lot 4 that is tucked into the back. • Expressed the importance of having that home as a showplace to the neighborhood. • Said that public safety is a concern. Her nephew rides his bike in the neighborhood and additional development raises safety concerns for the neighborhood. • Asked that construction impacts be minimized during development of this property. • Said that 16 coastal redwoods are plotted but that she only saw 13. Only 4 are expected to live and asked that a way be found to result in minimal impact on trees. ' • -Asked that the architectural style be in keeping with the existing neighborhood. • Asked that any home, be it one or two-story, be reviewed and approved by the Planning Commission. • Stated that the developer has not communicated with the neighborhood and the residents feel very frustrated. • Recommended aCity-sponsored planning discussion about this development. Mr. Tom Corson, 1833 Swarthmore Drive, Saratoga: • Stated that Ann Welsh did a great job on the report and that he agreed with all her conclusions. • Expressed disagreement with several items from the Environmental Impact Report. • The impacts on oaks and redwood trees. • The fact that this Mitchell House will be .hidden and the orchard destroy runs counter the Item 4A -Cultural Resources. • The development of this property will physically divide an existing neighborhood, counter to Item 7A -Land Use and Planning. This project will divide the El Quito neighborhood and two- story homes within cone-story neighborhood is a bad idea. Additionally, the wall is not a good idea. • Inadequate emergency access is a huge issue and is totally inadequate in this proposal, which would invite disaster. Having a 28 foot road is a bad idea and counter to Item 13E - Transportation/Traffic. • • Destroying an entire orchard is counter to Item 15A -Degrade Quality of Environment. Additionally, only 17 trees out of the existing 115 trees would be saved. Saratoga Planning Commission Minutes of September 10, 2003 Page 20 • Counter to Item 13B -Cumulative Significant Impacts, this project would mix two-story homes ' within. aone-story neighborhood, which is a bad idea. The applicant is trying to put 10 pounds. •' of stuff into afive-pound bag. • Stated that this project benefits only one entity, the developer. • Recounted his understanding that when this developer wanted to buy the adjacent property that had, been refused to be sold to him, he sent in a shell buyer.. ~ , • Stated that if this is true, this is outrageous. Ms. Paula McCarthy, 18566 Martha Avenue, Saratoga: • Suggested that whatever is decided, please do not take too long because trees are already dying due to lack of care. • Reminded that bigger lots will result in bigger homes. Ms. Elizabeth Lara, 18872 Devon Avenue, Saratoga: • Expressed her belief that notification of this hearing was inadequate. • Said that the mailing went out August 27th and was received August 28th. The City offices were closed on August 29th and September 1St; leaving little opportunity for members of the community to discuss this project with staff. Mr. Salim Sagarchi, Project Developer: • Advised that he is a Saratoga resident, having lived on Afton Avenue for the last 15 years, which is five minutes away from this property: • Said that he cares about .the neighborhood. • Assured that he did not purchase the lot next to the Dorcich property. However, he will be remodeling the house next door for the new buyer, a real estate agent, and that new owner in turn has agree to a 250 square foot lot line adjustment. • Announced that he plans to live in one of these seven homes to be constructed. Mr. Tom Kidwell: • Asked for permission to run a video of road conditions along McFarland. • Pointed out that one big shrub is causing a visual barrier for traffic. • Said that his client has made the effort to meet with neighbors, having had open houses. • Said that they have addressed the issue of the lot line adjustment. • Said that they can live with single-story homes but do require the seven lots. Chair Hunter asked about inclusion of a small park. Mr. Tom Kidwell replied that the project would be unfeasible with both a park and the renovation of fhe historic house. Chair Hunter asked if basements have been considered. Mr. Salim Sagarchi said he has no problem with single story versus two-story homes. Mr. Tom Kidwell pointed out that Fire has approved their plan and that the CC&Rs would have . restrictions against on-street parking. Saratoga Planning Commission Minutes of September 10, 2003 Page 21 . Chair Hunter closed the Public Hearing for Agenda Item No. 4. • 1: Commissioner Nagpa • Stated that she has 14 things. on her list that require resolution. • Expressed appreciation for the neighbors who showed up. • Said that lots more discussion is required. , • Added that single-story homes should be proposed for these lots. • Stated that she feels the Subdivision and Design Review should be combined. Commissioner Garakani said he has trouble with that since the lot line adjustment would take about 10 months during which time the applicant has to pay for this property. Chair Hunter questioned whether a Study Session would be appropriate. Director Tom Sullivan advised that staff has met with the applicant, owner and Dorcich family. The applicant has been unwilling to consider six lots. Staff is recommending denial. Commissioner Barry asked whether. the applicant would. have to start over and pay new fees if this project is rejected outright. Director Tom Sullivan said the applicant could appeal to the City Council first. If the denial is upheld, the applicant would pay new fees and bring a new project forward. Fees are on a deposit system charged against for staff time. Commissioner Barry asked if staff is asking for a yes or no decision on this project. Director Tom Sullivan replied yes. Commissioner Barry: • Expressed appreciation for staff's view on this. • Said that she herself had been thinking of a Study Session but staff's input has changed her mind., • Said that staff does a good job and has put a lot of time'and effort her. • Stated that a clear message was given to the applicant, who was unwilling to make an adjustment. • Said that a vote up or down is called for this evening. • Said that she cannot approve this project and is willing to vote on it tonight. Commissioner Garakani: • Said he has some issues including previous approvals for cul-de-sacs much like this one: • Asked that staff and the Commission be sure as to why they are rejecting this project and to be sure the reasoning is consistent. • Stated that if a two-story is permitted in a neighborhood, everyone else in the neighborhood should have the right to have atwo-story. Commissioner Schallop asked staff to clarify that the applicant has never submitted a proposal for . fewer than seven houses. .Assistant Planner Ann Welsh replied correct. ,, Saratoga Planning Commission Minutes of September 10, 2003 ~ Page 22 Commissioner Schallop: • Stated that the Commission must interpret the Code taking into consideration what is a practical use for a property and not what is practical for economic considerations. ' • Declared that seven parcels on this property will not work and that he cannot approve for seven lots. • Suggested that the applicant be forced to put forward a proposal, for five to six l'ots'.. , • Stated that giving an exception is inconsistent with Code. Commissioner Uhl agreed with Commissioner Schallop and said that this development does. not yet ' meet community needs: Commissioner Barry suggested that a Study Session could be an approach to a new development proposal. ~ , Commissioner Zutshi expressed agreement with Commissioner Schallop's technical analysis. Said that she is supportive of a Study Session and perhaps a continuance but ,she is not ready to make a final decision at this time. Chair Hunter: • Stated that seven lots is not appropriate and that the parcel off of McFarland is a makeshift lot. • Said that this is a very emotional property for this community and that the neighbors have a right to decide what type of development comes into their neighborhood. . • Supported denial with the applicant having the right to appeal to Council. r fewer. Comrrussioner Nagpal said that consensus seems to be for six lots o Mr. Salim Sagarchi said that he would agree to six lots if the decision could be finalized tonight: Director Tom Sullivan said that this is impossible as the Commission does not have an exhibit available depicting a six parcel subdivision. Chair Hunter pointed out that the only proposal before the Commission is for seven lots. Commissioner Nagpal suggested that the applicant be allowed to return with a revised subdivision map consisting of six lots. Director Tom Sullivan clarified that the Commission's intent is to continue this item and conduct a Study Session. This will occur after staff has performed an analysis of the six lot subdivision proposal. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Garakani, the Planning Commission continued Application #02-182 to a date uncertain and directed staff to work with the applicant to develop a six lot subdivision, which will be reviewed with the community at a Study Session before returning to the Planning Commission. If a new six parcel subdivision plan is not submitted within 30 days, this item will be rescheduled for a Resolution of Denial, by the following roll call vote: AYES: Barry, Garakani, Hunter, Nagpal, Schallop, Uhl and Zutshi NOES: None Saratoga Planning Commission Minutes of September 10, 2003 Page 23 ' 4 ~ ' ABSENT:. None ABSTAIN:' None ~~~*** PUBLIC HEARING - ITEM NO. S APPLICATION #03-176 (CITYWIDE) - CITY OF SARATOGA: Multiple 'Zoning Ordinance Amendments updating and expanding Section 15.06: Definitions, of the Saratoga Code. The proposed amendments to Article 15-06 provide for consistency between ordinance requirements and long time practices. as well as simplifying the rules. (THOMAS SULLI~AN) Director Tom Sullivan recommended that, due to the lateness of the hour and the time necessary to complete it, Item 5 be continued to the next Planning Commission meeting on September 24, 2003. ~~~ DIRECTOR'S ITEMS Director Tom Sullivan advised that he has just returned from a four day League of California Cities Conference. Announced that the LCC has approved the drafting of a ballot initiative for 2004 seeking a Constitutional amendment to protect the revenues of local government. Stated that the cities and counties are walking in step on this issue. COMMISSION ITEMS None COMMUNICATIONS Written: City Council minutes from Regular Meeting on August 6, 2003. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Garakani, seconded by Commissioner Nagpal, Chair Hunter adjourned the meeting at 10:37 p.m. to the next Regular Planning Commission meeting of September 27, 2003, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk S , r Application No./Location: 03-116;14195 Saratoga Avenue Type of Application: Design Review , Applicant/Owner:. Dick Finnegan, Architect Sam Raissi, Property Owner Staff Planner: Christy Oosterhous AICP, Associate Planner Date: September 24, 2003 ~,. f:- APN: 397-26-002 Department Head: ~ 1`tly~ JilritW~il t1VCIIUC Q®~~~~- Application No. 03-116; 14195 Saratoga Avenue , ' EXECUTIVE SUMMARY CASE HISTORY ~ ' ' ' ,i ~~ I . Application filed: 5/08/03. Application complete: 8/06/03 ' ' Public hearing conducted: 9/24/03 '~ ~~ PROJECT DESCRIPTION The applicant requests design review approval to construct~a two-story residence, a detached second dwelling unit, a detached three-car garage, and a basement which is to be located under the main residence. The project received design review approval from the Planning , I Commission in July of 2000; however, the design review approval expired: ' STAFF-RECOMMENDATION ~ ', Staff recommends the Planning Commission conditiorially approve design review application 03-116 by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Documentation of the property owner's neighbor notification. 3. Arborist Report, dated Apri116, 2000. - 4. Planning Commission minutes July 12, 2000 and July 26, 2000. ~ ' 5. Mailing labels for project notification. 6. Reduced Plans, Exhibit "A". • ®®~1~~2 STAFF ANALYSIS ', ZONING: R-112,500 ' GENERAL PLAN: Residential Medium Density Maximum Dwelling Unit Per. Acre 3.48 i „, MEASURE. G: Not Applicable ' PARCEL SIZE: 21,766 square feet AVERAGE SITE SLOPE: 9.7% GRADING REQUIRED: 434 cubic yards cut, 118 cubic yards fill ~~ ENVIRONMENTAL DETERMINATION: The proposed project which includes construction of a new single-family residence is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of asingle-family home in an urbanized area. MATERIALS AND COLORS PROPOSED: Proposed materials and colors are a wood shingle siding on-all structures and a stone veneer on the lower part of the walls of the second dwelling unit and main residence. Roof materials are to be slate. Copper downspouts and facia are proposed. • O~f1®03 Lot Coverage: Building - ~ Main Residence Detached Garage Second Unit Driveway, patios, & walkways. TOTAL (Impervious Surface) Floor Area: First Floor Second Floor Main Residence Detached Garage Second Unit TOTAL Basement Setbacks*: RESIDENCE Front Rear First Floor Second Floor Right Side First Floor Second Floor Left Side First Floor Second Floor roposed I 1 Code ~egtYirements ' I , ,~ , Maximum Allowable 37 % ~ 55°~0 2,380 sq. ft. ., ~ ' 651 sq ft. ' 66~ sq ft. ~ ~ ' 4,236 sq. ft. 7,930 sq. ft; Maximum Allowable ' ' . 2,380 sq. ft. 650 sq. ft. 3,030 sq. ft. 651 sq. ft. 663 sq. ft. ~ . 4,344 sq. ft. ~ 4,596 sq. ft. ' . 1,640 sq. ft .Minimum Requirement 135 ft. 25 ft. 110 ft. 25 ft. 130 ft. 35 ft. 18 ft. 6 ft. 35 ft. 11 ft. 11 ft. 6 ft. 11 ft. 11 ft. ~~ Q®(~~04 Left Side 35 ft. 6 ft. SECOND Front 30 ft. 25 ft. DWELLING Rear ~ 240 ft. ~ 25 ft. ~ ~ , UNIT Right Side 30 ft. 6 ft. i Left Side 6 ft. 6 ft. "' Height: Maximum Allowable Residence 22 ft. 26 ft. Garage 12 ft. 12 ft. Second Dwelling 12 ft. 12 ft. * Lot width is non-conforming. Side yard setbacks are determined by MCS 15-65:160(a). i~ Q~~QD$ Arborist Report The Arborist .Report dated April 16, 2000 details the' project impacts on the existing'trees. The proposed driveway is in direct conflict and requires the removal of one tree (#8): Tree #8 is a 32-inch diameter cedar. Replacement trees are required .for the removal of tree #8 including, one 48-inch boxed native specimen, one 36-inch boxed native specimen, and one 24-inch boxed native specimen. The project as proposed exposes several' other tries to severe, and extreme impacts. The Arborist Report provides many detailed mitigations which ,are conditions of approval intended to reduce the extent of construction damage to acceptable levels so that the retained trees can reasonably be assured of 'survival without decline ,(see attachment 3). ' •I Design Review Findings Staff finds the proposed project supports the findings for design review; therefore, .staff recommends the planning commission approve of the proposed project. The proposed project implements the following Residential Design Policies: • The second story windows on the left and right side elevations are clerestory windows to reduce the privacy impacts of the second story on adjacent property owners. • The two-story residence is low in profile with a maximum height of less than 22 feet. • The second-story building line is recessed from the building line of the first-story (with the exception of the left side elevation). • Materials and colors are earth -tone and will blend well with the surrounding environment. Materials and colors include beige shingles, stone accents, and a slate roofing material. • The proposed ceiling heights are minimized at 8 feet maximum height with the exception of the proposed living room which includes 10 foot ceiling heights. • Hip. rooflines, variation of materials including shingle and stone, columns, and a bay window and deck contribute to the architectural interest of the proposed residence, and reduce the mass and bulk of the proposed residence. • • The applicant has provided evidence that the immediate and surrounding neighbors support the project (see attachment 2}. These property owners include the parcels immediately adjacent on Saratoga Avenue and behind the project site on Squirrel Hollow Lane. Conclusion The proposed residence conforms to the policies set- forth in the City's Residential. Design Handbook. The residence does not interfere with viewsheds or privacy, it preserves the natural landscape, -and minimizes the perception of bulk so that it is compatible with the ~~~~~s neighborhood. The proposed project supports the findings required .for design review as detailed in the staff report. STAFF RECOMMENDATION: ' Staff recommends the Planning .Commission conditionally approve design review application 03-116 by adopting the attached Resolution. ' • i~ ®~~Q`7 I. APPROVAL OF RESOLUTION NO. Application No. 03-116. , CITY OF SARATOGA Pi,.ANNING COMMISSION STATE OF' CALIFORNIA Sam Raissi; 14195 Saratoga Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a new two-story residence with a detached three car garage and detached dwelling unit; 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 project, which proposes. to construct a new single family home, is categorically exempt from .the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home in an urbanized area; :and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 and the City's Residential .Design Handbook .have been determined: The proposed project implements the following Residential Design Policies: • The second story windows on the left and right side elevations are clerestory windows to reduce the privacy impacts of the second story on adjacent property owners. • .The two-story residence is low in profile with a maximum height of less than 22 feet. • The second-story building line is recessed from the building line of the first-story (with the exception of-the left side-elevation). • Materials and colors are earth tone and will blend well with the surrounding environment. Materials and colors .include beige shingles, stone accents, and a slate roofing material. • The proposed ceiling heights are minimized at 8 feet maximum height with the exception of the proposed living room which includes 10 foot ceiling heights. i ~~~~~19 • Hip rooflines, variation of materials including shingle and stone, columns, and a bay window and deck contribute to the architectural interest of the proposed ~residenc~, and reduce the mass and bulk of the proposed residence. ~ ' • .The applicant has provided evidence that the immediate and surrounding neighbors support the project. These property owners include tli~ parcels immediately adjacent on Saratoga Avenue and behind the project site on Squirrel Hollow Lane. , NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the- site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 03-.116 for Design Review Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The .development, shall be located and constructed as shown on Exhibit "A" incorporated by reference. All changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. The development shall be located and constructed as shown on Exhibit "A." 2. Four sets of complete construction plans incorporating this Resolution and the ArborisY Report dated April 16, 2000 as a separate plan page shall be submitted to the Building Division. 3. The site survey shall be stamped and signed by a Licensed Land Surveyor. 4. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 5. The maximum height of the house shall not exceed 22 feet, as measured from the immediately adjacent natural grade not created by fill. ,~ • 6. A grading and drainage plan combined with a storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. 7. 'The applicant or his designated representative shall apply for and secure a grading permit if deemed necessary. 8. All proposed landscaping shall be installed prior to fmal building inspection. ®®~~10 • CITY ARBORIST 9. All recommendations contained in the Arborist Report dated April 16,' 2000 shall be followed. 10. Prior to Final Building Inspection, the Arborist shall inspect the site to Zerify compliance with tree protective measures. The bond shall be released after a favorable site inspection by the ,Arbonst, the planting of any required replacement trees, and payment of any outstanding Arborist fees. FIRE PROTECTION DISTRICT 11. Roof covering shall be fire retardant and comply with the standards established for Class A roofing. Replacement less than 10% total roof area shall be exempt. 12. Early Warning Fire Alarm System shall be installed and maintained for the entire main and second dwelling unit ("granny unit"). Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to .Saratoga Fire District for approval. (City of Saratoga Code 16-60) 13. Automatic sprinklers shall be installed in newly, constructed attached/detached garages, workshops, or storage areas within the garage which are not constructed as habitable space. An NFPA 13D sprinkler system with 2 heads per car stall and 2 head calculation is required. To ensure proper sprinkler operation, the garage shall have a smooth; flat, horizontal ceiling. The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Documentation of the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. The sprinkler-system and underground water supply must be installed by a licensed contractor. 14. Driveways:. All new or improved driveways shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side. a: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. b: Driveway surface indicated as paver blocks, provide manufacturer's specification for load bearing, must be capable of sustaining 35,000 pounds vehicle weight. 15. Security Gate: Gate width. shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. (~~~®1~ 16. Premises Identification: Approved numbers or addresses shall be provided for all , new. and existing buildings in such a position as to be plainly visible and legible from i the street or road fronting the property. ~. CITY ATTORNEY 17. Applicant agrees to hold City harmless from all costs and expenses, including ~ , attorney's fees, incurred by the City or held to be the liability of City in connection ' with City's defense. of its actions in any proceeding brought in any State Federal , Court, challenging the City's action with respect td the applicant's project.., ' Section 2. Construction must commence within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities. must be met. ' Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen days from the date of adoption PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 24th day of September 2003 by the following roll call vote: AYES: -NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission •~ ~~~~~~ • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and ' Property Owner or Authorized Agent. The undersigned hereby acknowledges the ' approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date i• i~ ~~~9~~.3 ' r i „~ Neighbor Notification Template fbr Development Applications I~ate:_--~4~-g-~s~.29,03 PROJECT ADDRESS: 14195 Saratoga Ave. Sasan Raissi Applicant Name: ' Application Number:~~~ ~ The Saratoga Planning Commission requires applicants to work with their- neighbors to address issues and concerns regarding development applications prior to the evening of the pzrblic hearing on the proposed project. The Planning Corizmission does not look favorably upon neighbors ~ajho fail to voice their concerns and issues when solicited by applicants prior to-the pzrblic hearitzg. Staff arzd the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicani. Please enszrre the signatzre on this doczrmerzt is representative of all f•esidents residing on your propertt-~. ~My signature below certifies the following: I have reviewed the`project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. _i.My signature below certifies the f©llowing: I have reviewed the project. plans; I understand the scope of work;. and I have issues or concerns, which after discussion -with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: ~1}~fI(~ 5 u-~r~ ~~(o~~ow ~~. ~ - ~~°-~ ~ ~~ ~r~ ~` ;~ r e~ ~- ~' Neighbor Phone ~: ~ ° ~' ~% Z ~~ r Printed: ~~ c t;~ C N ~ ' ~ ~ A Signature:. City of Saratoga Plafzrzing Departure i~~~~"5 I ' 1 Neighbor, Notification Template for Development Applications Date: ~ ~ ~' " ' ,03 PRO~cT ADDI~ss: 14.195 Sarat0ga Ave. I Applicant 1Vame: Sasan Raissi Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The.Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by ' , applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may~have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property: . si afore below certifies the following: I have reviewed the project plans; I Y 1 understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion ' with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): " Neighbor Name: Neighbor Address: Neighbor Phone #: " Signature: Printed: rif„ „~ c„r„t,,,,,. ~C~ 7 /`f~ • "f.-M'. Aln++v,iw.ir Tlnnnrtw,nv,! • • Neighbor Notification Templafe ,for ' Development Applications ~ '. ' Date:_ 03 PROJECT ADDxESS: 14195 Saratoga Ave.. ~ ~ ~ ' Applicant Name: SaSari RaISSI ; Application Number: n2 1 i ~ _ -v~-r The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior. to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please'ensure the signature on this document is, representative of all residents residing on your property. ,~My signature below certifies the following: I have reviewed the project plans; I understand the scoge of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; -and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): =~.. _ ~/~ Neighbor Name: ~~~- l" CV \ , ~ 1 Neighbor Address: ~~ ~ ~ ~~ ~~ ~~~ ~~ ~~ ->C~~? If~~~ Neighbor Phone #: Signature: Printed: ~~'~l Yi~~-_ Gt{~i (f~'l (~C~C~ ~ ~ ~~ ~'ifi~ n{~Cn rnfnrrn pin»»i»n• nnnnrl~Li~f'~ ®~~ ~,~~ Attachment 3 _ BARRIE D. CO~ , ~~ ~ AND ASSOCIATES °~~ Horticultural Consultants ~ '~ `~' (408) 353-1052 RECEIVED ~~~ 23535 Summit Road MAY 0 `$ 2000 - Los Gatos, CA 95033 PLANNING DEPT. . , i TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT ~ ` THE RAISSI PROPERTY „ ~ ' 14195 SARATOGA AVENUE SARATOGA Prepared at the Request of: Judi Crowley City of Saratoga Community Planning Dept. 13777 Fruitvale Ave. Saratoga, CA 95070 Site. Visit by: Michael L. Bench Consulting Arborist April 16, 2000 Job # 04-00-076 Plan Received: March 27, 2000 Plan Due: April 26, 2000 (;~~~+~ . 1 Tree Survey And Preservation~ommendations At. The Raissi Property, 19195 Saratoga Av~emie, Saratoga Assignment At the request of Judi Crowley, Planning Department City of Saratoga, I reviewed the proposal to demolish an existing home and existing cottage to construct a new home with" '' a basement, a detached garage, and a granny unit on a deep narrow lot in the context of potential damage to or the removal of existing trees.'This report further provides information about the health and structure of the trees on site, and makes recommendations by which damage to them can be restricted within acceptable. , ,, , horticultural practices to prevent significant decline.. ,The plans reviewed for this report are: (1) the Topography MaP' Prepared by MH ~ ' Engineering, Morgan Hill, sheet 1, Job #99103, dated June 1999; (2) The Floor Plans prepared by Dick Finnegan, Architect, Drawing 2-12, dated 7-7-99 discontinuous to 8- 25-99: ' Summary This .proposal exposes, fifteen trees to some level of risk by construction. , Procedures are suggested to mitigate the damage that would be expected. Because of the fact that the value of the retained trees is substantial, a bond equal to 15% the value of the retained trees should be sufficient to assure that protection is provided. Observations . There are six trees on this site and nine trees on adjacent properties that are at risk of damage by proposed construction: The attached map shows the location of these trees and their approximate canopy dimensions. Each tree has been tagged with a metallic label ; indicating its assigned number. All trees that will be affected by proposed construction and meet the requirements of the City Ordinance are included. Typically, the root systems of trees extend outside their canopies by a minimum of 50% greater than the total canopy diameters. If the canopy reaches into the construction area, the root. system in all' likelihood does as well and, therefore, has been included. The fifteen are classified as follows:. Trees # 1-7, 10, 12, 13, 15 coast live oak (Quercus agrifolia) Trees #8, 9 incense cedar (Calocedrus decurrens) Tree # 11 California black walnut (Juglans hindsii} Tree #14 big leaf ample (Ater macrophyllum) The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent Poor) on data sheets that follow this text. Because the combinations of these ratings may be difficult to interpret, the overall condition of each of these specimens is rated as follows to aid with planning. • • • Prepared by: Michael L. Bench, Conswlting Arborist Apri116, 2000 ~~~~~0 Exceptional specimens must be retained at any cost and whatever procedures are needed to retain them in their current condition must be used. Fine specimens must be retained if possible but without major design revisions. , Mitigation procedures recommended here are intended to limit damage within accepted horticultural standards in order to prevent decline. Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent fiuther decline. Marginal specimens are typically.worth retaining but could be .removed if necessary to facilitate construction. Mitigations recommended here are intended to prevent significant decline.. ' Trees located on adjacent properties must be treated as Exceptional regardless of condition. Tree #9 has been "topped". This is a very destructive pruning procedure, which renders the tree highly susceptible to branch breakage as they mature. Once done, this damiage cannot be repaired. Frequent endweight thinning (every 5-7 years) will be essential for the life of the tree to•reduce the risk. Impact of Construction This is a complicated project, and there are many features that expose the fifteen trees to several levels of risk. For economy reasons, a scale is used to describe each construction featwe/procedure that would affect the trees. The scale (most severe to least severe) to rate-this impact is: Direct Conflict (Removal due to building) Extreme Severe Sigtificant Moderate Minor Insignificant Applied to the project proposed, this scale rates the most notable construction features. Insignificant damage is omitted. • Tree Stave And Preservation commendations At y 71te Raissi Property, 14195 Saratoga Avemte, Saratoga • 2 Exceptional. S imens Fine Specimens Fair Specimens Margina! S imens 7,10,13,14,15 3 4 6,11,12 ~ 2 5,8 9 1 ' Prepared by: Michael L Beach, ConsultirtgArborist April 16, 2000 ~000{2~; Tree Srirv Atx1 Preservatio~ecommendations At The Raissi Property, 14195 Saratoga Ave~rae, Saratoga Degree of Impact by Proposed: Construction 3~, Tree # Im act Descri tion 8 ~ _- Direct Conflict ~ New driveway construction 7, 12, 13 Severe , Existing driveway demolition 7, 9 Severe New driveway construction 12 - _ _ _ Extreme New driveway construction 10, i l Severe Granny unit foundation construction 14 _ = -^ Extreme Granny unit patio construction 11 ~ Minor - Granny unit (G.U.) parking 13 -----=, Severe Garage foundation construction 14 Moderate House foundation 8t basement ~ , 15 Minor House foundation & basemern 5, 6, 13 ---- - Severe Grading for swab 14, 15 Moderate Grading for Swale 1, 2, 3 Minor to Severe Drainage discharge 7 Severe Relocation of water meter 9 Extreme Trench for drain 7, 9-13 Unknown Trenching for other utilities. 10 Minor Footing for front entry wall 13 ~-- Severe Trenching for irrigation (sheet 11) 12, 15 Moderate Trenching for imgation (sheet 11) 11 Minor Trenching for. irrigation (sheet 11) 10, 11 Minor to Severe Pruning for G.U: construction 10, 11 - . Severe Grading of G.U. contours 445-447 14 _ Severe ~ Grading of G.U: contours 442-443 15 Moderate Grading of G.U. contours 442-440 It is significant to note that the impact is assessed individually. and independently of the other construction features, but a cumulative effect does occw and must not be ignored This is addressed during consideration for clearances and tolerances in the Recommendation section of this text. In addition to the specific risks, all the trees maybe exposed to one or more of the following, which must be prevented. 1. The stockpiling of materials, or the storage of equipment over the root systems. 2. The dumping of construction materials, especially waste materials, such as painting products, mortar, concrete, etc.) under the canopies: 3. The piling of soil from excavations (basemern, footings, etc.) under the canopies of trees. 4. The construction traffic, including foot traffic across the root systems, and the parking of vehicles or construction equipment under the canopies. • • Prepared by: Michael L. Bench, .ConsiiltingArborist Apri116, 2000 4 Tree Su And Preservation7!!~comniendations At rvey The Raissi Property, 1;1195 Saratoga Ave~rue, Saratoga 5. Demolition of the existing buildings, driveway, and ~thways adjacent to trees ~ , resulting in bark injuries, broken branches, or root loss. 6. Broken branches or bark injuries as a result of construction equipment passing too close. The'landscape plan proposes plants that are reasonably compatible with existing tries but ', location of irrigation trenches must be sited beyond tree dripline. ' Recommendatlons , The. following mitigation suggestions are intended to reduce the extent of construction ' damage to acceptable levels, so that retained trees can reasonably be assured of survival without decline. If any changes to these plans occur during construction, recommendations may require alteration. , 1. I suggest that temporary construction fencing be provided in two phases: a. Demolition b. Construction Fencing must be as noted on the attached maps. Fencing must be chainlink, a minimum height of 5 feet mounted on steel posts driven 18-inches into the ground. Fencing must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. Fencing must not be temporarily moved during construction. 2. I suggest that the existing driveway be retained during demolition of all buildings on the property. 3. I suggest that the existing driveway be retained and used during excavation for the basement, and for construction of the residences: 4. I suggest that that the proposed new driveway conform to the existing topographic contours and that a clean porous fill be used without grading or scraping cuts of the existing soil to construct "the new driveway. 5. Demolition of the existing driveway must be done completely by hand inside the following radius distances:. Trees #.7,12 - I S feet measured from the trunks Tree # 13 - 25 feet measured from the trunk Inside these areas, the existing paving must be broken up and removed by hand. 6. I suggest that the Grading Plan be revised so that the contours 440 through 448 be retained as they exist. The drainage plan must be revised to retain existing contours. This implies that the elevations of the footings for the residence and the Granny Unit may have to be raised to achieve this objective. In this event, fill soil may be used around the base of the footings to provide a drainage away from the buildings. n~i Prepared by: Michael L Benclt, CansultingArborisJ Apri116, 2000 ~~J~23 II Tree Survey And Preservati~ecommendations At 5 The Raissi Property, 14195 Saratoga Avem~e, Saratoga ~ ' 7. The proposed garage'must be constructed completely on-top of the existing grade and the footing must be, discontinuous, which requires a pier and on-grade beam design. The floor of the garage must be poured on-tap of the existing trade. , 8. The foundation for the Granny Unit must be of a pier and on-grade beam,design. This requires that the footing also meet this standard and thus'be discontinuous. Additional reinforcing steel will likely be required to achieve this objective. 9. The proposed patio for the Granny Unit must be constructed completely on-top of the- existing grade, without excavation whatsoever. 10. Trenches for any utilities-(gas, electricity, water, telephone, T'V cable, etc.) must be located outside the canopy perimeters of retained trees as shown on the attached plan. The trench for the new water service must be located as shown on the attached plan. For tree #7 or other trees where this cannot be achieved, I suggest that the city arborist be consulted. A 2-foot section of each trench adjacent to any tree must be left exposed for final inspection by the city. arborist..~ , 11. The drainage system as shown on the plan crosses the root zone of tree #9 (Drawing #3). It must be redesigned as shown. If this cannot be achieved,. the city arborist must be consulted. 12. I suggest that the new driveway be constructed of pervious materials for any, portion that is closer than 15 feet of the trunks of trees #7 and 1'2. This construction must meet the following requirements: -No grading cuts must be made beneath tree canopies or as noted; -Materials must be applied on-grade; -Fill soil must contain less than 10% clay; -Base materials must contain no granite fines; -Compaction must not exceed 80%; -Edging must be on-grade "Snap Edge" or by pier and beam method. -All of these conditions must be followed completely if the trees. are expected to survive in good health. This implies that the elevation of the footings, the garage floor, and the building structures may require elevation redesign to achieve these objectives. l 3: I suggest that trees # 10 and 11 be pruned the maximum of 15% of their total canopy mass to allow construction of the Granny Unit. Any pruning must be done by an ISA certified arborist and according to ISA, Western Chapter Standards, 1988. 14. The Irrigation Plan must be revised as noted on the plan in attachments. There must be no grading, trenching, or surface scraping beneath the canopy perimeter of retained trees, unless specifically indicated on the enclosed plan. Where this may conflict with drainage or other requirements, the city arborist must be consulted... Prepared by: Michael L. Beach, Consulting Arborist Apri116, 2000 ~. • • ~~J~~~4 ' urve And Prese~-aation7~ecommerxlations At ~ 6 . Tree S y The Raissi Property, 1 X195 Sarartoga Avemre, Saratoga ~' 15. Supplemental irrigation must be provided to retained frees #7, and' 9 -13 during the dry months (any month receiving less than 1 inch of rainfall). Irrigate with 10 gallons . for each inch of trunk diameter, every two weeks, throughout the construction period. 16. A platform buffer must be placed between areas of construction of the Granny Unit and the protective fence for root. protection of trees # 10 and 11 and between tree # 13 and the garage as shown on the attached plan: A platform buffer consists of 4 full inches of coarse bark chips (shredded redwood is not acceptable for this. propose due to its compressibility} bespread over the existing grade, which must immediately be covered liy 1-inch plywood (full sheets), tied together, and secured to prevent slippage. This platform is sufficient for workers on foot using hand carried tools. This platform must cover the entire exposed root zone area adjacent to. construction. 17: Landscape pathways, especially those under the canopy of tree #13, and other amenities that are constructed under the canopies of trees must be done completely on-grade without excavation. . 18. A fu113-inch layer of coarse wood chips must be spread over the remaining root zone which is exposed to construction activity near trees #7, 9-13, 14 and 15. Spreading of chips must be done by hand. 19. Excavated soil may not be piled or dumped (even temporarily) under the canopies of trees. Soil excavated for the basement of footings must be exported from the site as it is excavated. Loose soil must not be allowed to slide down slope to cover the root collars of retained trees #1, 2, and 3. 20. I suggest that drain discharge must be directed a minimum of 15 feet to the side of the trunk of any tree. 21. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be installed directly in contact with the bark of a tree due to the, risk of disease. 22. Materials or equipmern must not be stored, stockpiled, dumped, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. Value Assessment The values of the trees are addressed according to ISA Standards, Seventh Edition. The value of tree #8 is $6,815, which is equivalent one 48-inch boxed, one 36-inch boxed, and one 24-inch boxed native specimens. Replacements are suggested. However, 36-inch boxed and larger trees are often difficult if not impossible to obtainon short notice. I suggest that these be secured at the onset of construction with a supplier. C7 Prepared by: Michael L Bench, ConsriltingArborist Apri116, 2000 ~-~~~i~s • ~ ' ' '' 1 V Tree Survey Acrd Preservation Recommendations At 7 ' _ The Raissi Property, 14193 Saratoga Avenue, Saratoga ~ , Acceptable native tree replacements are:. ' , ~ , ; Coast live oak - Quercus agrifolig Valley oak - Quercus lobata ' -Tan oak - Lithocarpus densiflorus ~ '. ~ ' Big leaf maple - Acer tnocrophyllum ', ~~ California buckeye - Aesculus californicd ~ ~ ~ , Coast Redwood -Sequoia sempervirens ' The. combined value of the retained trees is $69,532. I suggest a bond equal to 15% of the total value of the trees to assure protection. Respectfully submitt Michael L. Benc , ~ iate ~,~ Ba o tC e;~t~cip~lr- nr~~~ Enclosures: ' Tree Data Charts Maps (3) Tree Protection Before, During and After Construction Protective Fences MLB/sl •i • Prepared by: Michael L Bench, Consulting Arbor7st Apri116, 2000 ~o~~zs .~ Job Title: Raissi Property - ~ _ Job Address: 14195 Saratoga Avenue _ - ~ - - Job #04-00-076 Mea surom ente Con dition Pru ni I Cabiin Nee ds PasUD bsas e Pro blems R ecom mend . HARRIS D. COATS and ASSOCIATES (~3S3t052 ey # Plant Name S n w N ~ ~ ~ ~ f Z o ~ _ ~ o w LL ~ ~ ~ ~ = ~ i S ~ x ~ U o K ~n N ~ f. ~ v 7 !z~ o 3 ~ ~ z 3 O tmi ~ ~ _ Z ~ czi i ! Q ~ ~a 0 ~ 2 ~ C t~.t Z 2 ~ ~ _ W 3 d > ~ s: ~ o W o W ., ~ ~ a ~ ~ ~ ~ ~ z ~ ~ f H v N ~ ~ ~ `~ ~ U w w ~ 7 QQ ~ rip Ltl o _ yrJ y z ~ ~ » W - v U Fp- O ~ ~ ~ o V ~- ~ v ~ N o W z w ~ ~ V) z ~ i o 7 1 CDast Llve Oak 15.0 18 35 15 3 2 5 1 Quercue rifolia ` In 177 X $27isq. In. _ $ 4,789 X sp. Gass 100% ^ $4,789 X cond. 60°~ _ $ 2,881 X loc. 70% _ $ 2 003 Total Value 2 Coast Live Oak 18.0 " 16.0 23 50 25 2 3 5 . in 355 X $27/sq. in. _ $ 9,585 X sp. rises 100% _ $9,586 X cond. 80% _ $ 5,75f X toc. 85% _ $ 3 738 - Trial Value 3 Coast Live Oak -24.0 ` 25 45 45 1 2 3 . in 452 X $27/eq. In, _ $ 12,208 X sp. doss 100°~ ^ $12,208 X cond. 90°~ _ $ 10,987 X toc. 70% _ $ 7 691 Total Vetue 4 Coast Live Oak 15.0 '• 12.0 818 20 36 55 1 2 3 . in 273 X $27/sp. M. _ $ 7,371 X sp. class 900% _ $7,371 X cond. 90% _ $ 8,834 X loc. 75% ~ 4 975 Total Value - 5 Coast Live Oak 9.0 '• 7.0 6,0 19 30 20 1 3 4 . in 93 X $27/sq, in. ^ $ 2,511 X sp. class 100% _ $2,511 X cond. 7b% _ $ 1,883 X IDC. 70% ^ - $ 1 318 Total Value 6 Coast Live 08k 14.0 15 ~ 35 30 1 2 3 . In 154 X $27/ag. in. _ $ 4,154 X ap. loss t00% _ $4,154 X cond. 90% _ $ 3,739 X loc. 70% ~ $ 2 817 Total Value REPLACEMENT TREE VALUES b.paf = E38 15~ga1 ^ 5120 24'box • S42D 38"box • !<1,320 1 • BEST, 5 s WORST 4B'box =!5,000 a2"box a 37,000 72"box • 815,000 - -Pape 1 Of 3 -. u Job Title: Raissi Property Job Address: 24195 Saratoga Avenue Job #04-00-076 pAoas urem ents Cond ition Pn min /C abN Noe ls PooUD tooss o Prob lans R ecom mend . '4 ~ ~ BARRIE D. COATE d ASSOCIATES ~ s Q ~ ~ ,~ = ~ ~ ~ w ~ an 140 3531052 ~ ~+ ~ ~Z-, ~, c~ ~, $ ~ ~ w ~ c ~ a } I a ~ oO ~ ~ ~y 23l3S 5swn(l Rand ~+~+ ~ '? ~ ~ ~ ~' Q :~ i w ~ ~ w a '? ~ o ~ q J .:~ a ~ t : - LasGilos,U ~ ~ o: + ~. ~ ~ o t O . o 2 N Z ~ 2 Z z C7 T in ~ ° ~ o ° V ° V 3 cA t-i i ~,,, ~ ~ V 7 ~ ~ ~ W ~ . s a 1- v V w + Y z F- F- Vl o 0 a~ ~ m = ~ w nom. ~ 1 -~- d ~ o c ~ ~ ~ S ~ ~ h g S z a Key * Ptant Name o ~ O ~ x M x m v U v a 7 Liv Oak 15.0 17 35 40 1 ~ 1 2 j y ~ ! - I s . !n 177 X $271sg. in. _ $ 4,789 X sp. class tOD96 $4,769 X cond. 1009'0 $ 4.769 X Ix. 859'0 $ 4,054 Value - Total 8 Incense Cedar 30.0 32 45 30 2 3 5 ( t Calocedrus decurrens . kt 707 X $27Isq. in. _ $ 19,078 X sp. lass 70°!0 = $13,353 X cond. 8096 $ 8,012. X loc. 8596 $ 8 810 Total Value 9 incense Cedar 19.0 •• 18.0 33 40 25 1 4 5 . in '411 X$27/sq. in. e $ 11,097 X ep. lass 7096 ~ $7,788 X cond. 80% ~ $ 4,881 X Ix. 85% $ 3982 Total Value 10 Coast Live Oak 19.0 20 40 35 1 1 2 ~ - in 283 X $27lsq. in. _ $ 7,851 X sp. lass 10096 = $7,851 X cond. 100°6 $ 7,851 X ioc. 8096 - _ $ 8 121 - - - - Total Value 11 California Black Walnut 17.0 " 5.0 ~ 1816 34 40 1 2 3 ~ - Ju tans hindsil . In 237 X $27lsq. tn. _ $ 8,399 X sp. Class 10% _ $840 X cond. 909b $ 578 X loc. 75°~ _ $ 432 Total Value 12 Cwst Live Oak 14.0 15 35 30 2 1 3 ' . fn 154. X $27lsq. in. _ $ 4,154 X ap. lass 10096 _ $4,154 X card. 9096 = $ 3739 X loc. 7596 m 2 804 _ - - - Total Value` L_J • ~. - - - - - - REPLACEMENT TREE VALUES ~r 5.gs1 s S36 t6~ga1 s 1120 ~ - - ~ - 1 s BEST, 5 s WORST _ - 24'box ^ E420 . 3s"box s $1,320 - - _ ry~ 4Bbwc s 52"box= S7,OOD 72'box Page 2 - _ . - ~s.~ - - ,n - Job Title: Raissi Property Job Address: 14195 Saratoga Avenue ~ Job #04-00-076 ` ~ ~ t ~ t 1 ja ( I 1 0 ~ BARRIE D. COATE I o j ` ~' v~ j and ASSOCIATES ~ f ~ ~ ~ I ~ ~ t ~ ~ ~ ~ ~ ~ t~13531051 ~ LL ~ F ~ zi = O j 3 e 4 z w •• 215355aroeRRo~d ~ `~ a w ~ 3 u'S ? ~ y ~ w ~ ,Q ~ po v °~ ~ tw„ ~" ~iy n laiC~at,U 950 o~n~ ~ qq ~ ~ g ~ ~ V ~ C ~ ~ 2 (~(~~' to ~ O p O O 3 ~ ~ij ,'~ 1 ~ = W ~ ~ ~ O Z ~ Z Z ~ to Z !- V ~ Y V V N H b cc2~ lU ~ ~ ~ j '~ ~ Z W w Z ~ ~ w W C! Key # Plant Name o ~ o o ~ s ~n ~ ~n chi ~ ~ v i v ~ a ~ ~ ~ ~ ~ ~ z z 13 C Live Oak 35.0 ® 3' 36 48 60 1 ~ 2 3 1 a . in 962 X $27isq. in. a $ 25,984 X sp. class 100% ~ $25,984 X cond. 90% _ $ 23,387 X loc. 75% _ $ 17 528 .Total Value 14 B' Leaf Mee 18.0 20 , 40 50 1 1 2 Acer mac h lum 1 . In 254 X$27/sq. in. _ $ 8,887 X sp. class 30% _ $2,080 X cond. 100°k = $ 2,080 X loc. 75% = 1 545 Total Value 15 Coast Live Oak 28.0 27 35 80 1 1 2 - . in 531 X $271eq. In. ~ $ 14.328 X su. close 100% _ $14,328 X cond. 10096 ~ $ 14.328 X Ioc. 75% _ $ 10 748 Total Value ~ ~ ~ ! ~..[~a~.,.~a.d.aa®.mea~, .. _. __ _ -___ bNmds Q LLI NO TRENCHES INSIDE OF u.~s.~nLbT~aW°"°"a•`"'""=i°""""_'_°° ~ Q THIS LINE eeca~FO.co~te w..~nw.w.~ v__awn,~.,s...„w._.__ -. IRRIGATION MUST BE "BROWN LENS" ud A~„SSOCIATFS - ~r."w.d ~ x ~ '^e mss! _ _ ~„ u OR DRIP TUBING ON TOP :",;.'1C: mn.wuwm _ OF EXISTING GRADE ----- ---- -- / - iuv n.rnan[. rorvsu~T+er ~uAn'._M.~i":.:_-_._ +u[.nyu naooa¢t si.. ~..a.~.~ I -F4).gg 6'&{ir( V w ~u+ 5.7 NEW WA"1'IiR MAINI.INI~: c~ r /~ 11 ,~~~ .,,.._... I~;Nw - 1°`. I~ ~ - 4 t5 ca[o a~o~ 'yp, a _,,,, r . ~ 1 ~ ~~ .. .: ' 4 ., , ~~ .. - ~-«3..~t~ as, ~ .~ Rya:. fi r` S,Sd - ® _ _ _ _ ~ r - - _ _ ' r i „~ Attachment • 4 ~~'Q®+~~ PLANNING COMMISSION MINUTES PAGE 3 JULY 12, o000 ~ ~ - ~, ; 3. DR-99-014 (503-29-057) - CHANG, 22005 Dorsey Way; Request for DesiQ Review approval ~ , to demolish an existing 4,001 square foot,. single-story residence and constru anew 4,203 square t, two-story residence on a 40,031 square foot parcel. Maximum height oposed is 26 feet. The ~ , pare is located within an R-1-40,000 zoning district: (CONTINUED 7/26/00) , ' ~~ ~~ , 4. DR-00-0 (397-28-047) - BLACKWELL PROPERTIES, 13992'~Alta Vista Avenue; Request ' for Design R 'ew approval to construct a 4,821 square foot, j~vo-story residence on a vacant parcel. Maximu height proposed is 26 feet. The parcel is 251 square feet and is located, within ' ari R-1-12,500 zonin 'strict. 5. DR-00-020 .(503-82-00 - K2M ASSOCIATES; L 4, Rodeo Creek .Hollow; Request for Design Review approval to coda truct a new 4,827 s re foot, two-story residence on a vacant lot: ' Maximum height proposed is let. The 44,136 quare foot site is located v~~ithin an R-1-12,500 zoning district.. \\ Commissioner Barry noted she vas not remo~ ' Ite #5, and asked Director Walgren to review for the record the issue regarding when a biotic study is \quired and when a 60' easement is called for in the ordinance.. ' Director Walgren explained that the Cit s current or nce, which was not in place when the subdivision was approved, requires that iotic assessment be one by a wildlife biologist at the time a subdivision is proposed next to a sig ' 'cant creek. The assessmen 's to determine the extent of riparian , comdor, define it, and restrict that t a permanent easement as part o he subdivision approval. He noted it is possible that in preliminary su 'visions, this easement precludes ce lots from existing, and it may result in reconfigurations of the bdivisions to assure that building envelop are away from the easement area. He said that in this cas there was a riparian protection easement recor d, however, it was not a result of the study that pre- ated the ordinance developed, which imposes. a 60' re irement based'on the building setback for this Wing district. He explained this is what was recorded fort 'property, and the . projects submitted for e five lots on this subdivision have all met the restrictions of the e ement. COMMISSIONED PATRICK/BERNALD MOVED- TO APPROVE THE CONSENT .CALENDAR. PASSED 6-0 (C i MISSIONER ROUPE WAS ABSENT.) As a poin of order, Commissioner Bernald stated that in the event Blackwell Properties arid K2Iv1 Associat were not aware, the Commission has passed their projects by riot pulling it from the consent . calendar; therefore, there will be no further discussion regarding those items this evening. PUBLIC HEARINGS i ~~,~~ 6. DR-00-015 &r SUP-00-001 (397-26-002) - RAISSI, 14195 Saratoga Avenue; Request for Design Review approval for the demolition of an existing 742 square foot residence and the construction of a new 3,030 square foot, two-story residence with an 820 square foot basement and a 651 square foot detached garage. Second-unit Use Permit approval is also requested to allow a 663 square foot second dwelling. The site is 21,780 square feet and is located within an R-1-12,500 zoning District. (CONTINUED FROM 6/28/00) Director Walgren presented the staff report, noting this is a request for design review consideration to demolish an existing single-story cottage on a one-half acre parcel located at 14195 Saratoga Avenue, and replace it with a new two-story structure 22' in height, which is as physically low as a two-story structure can be. The proposal would include redeveloping the property by demolishing the accessory PLANNING COMMISSION MINUTES JULY 12, 0000 PAGE 4 ~ ' building toward the back of the site and replacing it with a detached garage and a detached second , • dwelling unit. He' said second dwelling units are permitted in. certain zoning districts if they meet , certain criteria, of which one is that the lot size must be 1.6 times the area prescribed for the district. Another criteria is that either the second dwelling or the main residence is restricted to occuparYcy b~y a ~. senior citizen or a person who is physically handicapped. He said those restrictions are recorded on the. ' second dwelling and there has to be a reporting to monitor the units. He said. the. project meets all . minimum zoning standards, and; conditions include tree protection measures ands' conditions' from emergency service providers. He stated that staff feels that the necessary design reviev~~ findings can be made to recommend approval of the application. Chairman Page opened the Public Hearing at 7:55 p.m. Dick Finnegan addressed the Commission as architect for the applicants. Commissioner Patrick asked Mr. Finnegan whether he had considered the architectural style along the area of Saratoga Avenue before he designed the plan. Mr. Finnegan responded that he looked at the neighborhood and found a variety of styles. He.said the actual site is almost invisible from the street, and it did not seem to be a big concern as it is very heavily .wooded and cannot be seen from the road. Commissioner Jackman commented on the tree protection, noting that the part of the driveway to be removed needs to be dug out manually. She asked if the contractors were ready to go to this extent, noting it was very important to read the arborist report. Mr. Finnegan said that the arborist report had been reviewed and the applicants are willing to abide by it. Commissioner Bernald said it did not appear that any consideration was-given to the privacy of the lots on Warden Way, and Mr. Finnegan responded there is only one lot that has a view of the house. Responding to Commissioner Bernald's question regarding whether clear story windows had been considered, Mr. Finnegan said that that side of the structure has to have legal fire windows and clear story windows could not be installed. Commissioner Kurasch asked about the 20' width of the driveway, which seemed to take up most of the front yard. Mr. Finnegan responded that it is set up for atwo-way travel lane; however, the applicant would agree to reduce it if necessary. Commissioner Kurasch asked if Mr: Finnegan would have any objection to adding another material to the foundation area to make it a little snore contrast, and he responded that as an architect he would not want to do that as the material is an element of the stucco Mediterranean house, and brick, rock, etc. would be superfluous and not appropriate. There was no one else from the public who wished to address this issue. COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING (AT 8:04 P.M.) PASSED 6-0 (COMMISSIONER ROUPE WAS ABSENT.) f~~~~33 __ _ _ _ ' PLANNING COMMISSION MINUTES PAGE 5 JULY 12,.0000 ~' Commissioner Jackman commented that with the lot restrictions and the numbers, this is the best plan for this site. She said the driveway is wide but it can b'e part of the landscape. She likes the plan and as long as restrictions regarding the trees are followed; she would support the project. , ' Commissioner Patrick stated she could not support the application. She did not think the design was. appropriate for the location. ' Commissioner Barry noted she had no problem with the staff report on this project. . Commissioner Bernald concurred.v<~ith Commissioner Patrick. She has concerns about privacy and if the side looking to Worden Way were setback and better articulated it would make for a better home. It is a stucco house in an older neighborhood and she did not believed it fit in. Commissioner Kurasch .said she has .seen this style of architecture in other neighborhoods and it is difficult for her to object based on architecture. She said she had a problem with the driveway, which fills up a large area in front of the property. She said the architecture would be an impact in this neighborhood. Chairman Page concurred with Commissioner. Kurasch. He said this is anicely-designed house, although the driveway is too v~~ide. He said the design is not appropriate for this section of Saratoga Avenue. COMMISSIONERS BARRY/JACKMAN MOVED TO APPROVE DR-00-015. " During discussion, Director Walgren suggested a second motion, which he understood would not meet all of the concerns raised. He said that the architect had worked with staff to develop this architecture, -which is a mix of what the applicants wanted and what staff felt would be acceptable on the heritage lane. He said that the mitigating factors included roofing materials, colors, and the building's distance from the street. He proposed a motion to approve the project with a requirement that the architecture be further revised to more of a craftsman or country style as a condition of .approval, and that the .architectural plans come back to the Commission for a final check if that. is acceptable to the applicant as a motion. COMMISSIONERS BARRY/JACKMAN AMENDED THE MOTION TO APPROVE THE PROJECT WITH A REDESIGN WITH ASSISTANCE FROM STAFF TO MAKE THE DESIGN LESS HYBRID, TO REFLECT THE CONCERNS OF THE PLANNING COMMISSION REGARDING NATURAL MATERIALS, AND TO REQUEST AONE-LANE DRIVEWAY. Commissioner Patrick said she could not accept the motion, noting that to continue to allow the . applicants to redesign the house would be acceptable, but she did not want to redesign. the house. Commissioner Bernald agreed. Commissioner Kurasch concurred, stating she would rather see it come back and review it than try to imagine what the redesign will be. Chairman Page asked Mr. Finnegan whether he preferred continuing the item to give the applicant an opportunity to make modifications with assistance from staff or if it were denied tonight, the applicant could appeal to the City Council. Mr. Finnegan stated he would be willing to work with staff to address the concerns expressed earlier. ~ ~ ~~ ®~~~~ PLANNING COMMISSION MINUTES JULY 12, o000 • , .PAGE 6 COMMISSIONER BARRY- WITHDREW HER PREVIOUS MO~'ION AND MOVED. TO CONTINUE THE ITEM TO JULY 26, 2000. COMMISSIONER JACKMAN SECONDED ~HE MOTION. PASSED'6- 0 (COMMISSIONER ROUPE WAS ABSENT.) 7. ~ DR-00-017 (3 6-47-030) -SUN/HUANG,19172 Brockton Lane; Request for Design. Review approval for th addition of a 722 square foot second-story to an existing si bl~-story structure on a corner lot. he existing structure is 2,630 square, feet, and the pro sed addition is 741 square feet at a m imum height of 24 feet. The 13,000 square foot site ' located with an R-1- . 12,500 zoning distri (CONTINUED FROM 6/28/00) i ~N~ Director Walgren presented th staff report, noting that this proposal is to r taro the existing residence of a 2,630 square feet structure, i eluding the garage, and add a 722 square of second-story to the main residence. The maximum height oposed is 23.5', which is under the 26' eight limit, and is a relatively low structure fora ,two-story bu' ing. He said the neighborhood h a predominance of two-story homes in the-area. The proposal ha been reviewed carefully by the plicants. He referred to a letter from the applicants listing the constr 'nts with doing asingle-story uilding and the reasons they want . a second-story. Staff feels the architect e proposed and the mate als are compatible with the existing neighborhood. -While the addition will ffect some of the neiQ bors' views, it does not significantly obscure views of the western hills. He sa it may block sma view sheds, but does not obliterate or obstruct anybody's views of the mountain beyond the resi ences. Staff feels that necessary findings could be made for this project. He said ne hbors withi a 500' radius were notified of the project. Letters from two residents regarding view she and the a licant's responses were distributed tonight. Chairman Page asked whether any CC&zR's we on ecord with the City for this neighborhood, and Director Walgren said he was not aware of any, bu would check the title report. Chairman Page opened the Public Hearing at 8:20~S.m Jason Sun addressed the Commission; noting at the d ign has no windows on the east side, and one small window for bathroom on the west side. There was no one from the public who wi ed to speak on t item. COMMISSIONERS PATRICK/BER LD MOVED TO CLO THE PUBLIC HEARING (AT 8:22 P.M.) PASSED 6-0 (COMMISSION ROUPE WAS ABSENT.) Commissioner Patrick stated t s is an appropriate addition, which takes into consideration the neighbors and neighborhood. Commissioner Barry concu d. Commissioner Bernald s ted the plan was appropriate to the neighborhood. Commissioner Kuras commented that she sees the neighborhood changing, noting that approximately one-third of the ho es are two-story.. She is reticent about changing this as a precedent for another two- story. She felt she d not want to support that precedent. Commissioner Jackman stated that the addition has been done as best can be to avoid impact on the neighbors, and she will be supporting the project: ~i ~ ~ ~~~~a~S PLANNING COMMISSION MINUTES JULY 26, 2000 PAGE 3 ' , PUBLIC HEARINGS ~ ~ " ' 2. DR-00-015 & SUP-00-001 (397-26-002) - RAISSI,14195 Saratoga Avenue; Request fpi•~ , Design Review approval for the demolition of an existing 742 square foot residence and the construction of a new 3,030 square foot, two-story residence with an 820 square Foot, basement and a 651 square foot detached garage. Second-unit Use Permit approval is also requested to allow a 663 square foot second dwelling. The site is 21,780 square feet and is located within an R-1-12,500 zoning district. (CONTINUED FROM 7/12/00 TO MAKE PLAN REVISIONS , • PER THE PLANNING COMMISSION'S DIRECTION) Director Walgren presented the staff report, stating that this project had been reviewed by the Planning ~~` Commission on July 12, 2000, wherein the Commissioners noted that this particular stretch of Saratoga . ~ , Avenue is the only designated heritage lane in Saratoga. He. said that the plan came with a positive staff' recommendation, noting that the project met all zoning requirements. Staff did not feel there were any negative issues regarding privacy protection, solar protection, or design compatibility' issues; however, the Commission deliberated' on the architectural finishes of ,the building such as stucco finish and contemporary design elements. The applicant was directed to revise the plans for further consideration, to ' modify the design using rustic or rural materials to better integrate into Saratoga Avenue. Additionally, a .couple of Commissioners felt that the left side windows posed a problem on the neighboring properties. The applicant has returned with basically the same envelope with shingle siding versus stucco- acid a stone-base to the building with simulated shake shingles to, all of the buildings, and revised. the left windows to be upper level clerestory windows. Staff feels that the applicant has responded to all 'of the concerns expressed by the Commission and recommends approval of the project. Chairman Page opened the Public Hearing at 7:43 p.m. ' Dick Finnegan, architect for the applicant, addressed the Commission. Commissioner Jackman noted that the driveway had been narrowed down to 15 feet and that it was very close to Saratoga creek. She asked if all of the driveway area included pervious pavers. Mr. Finnegan responded it was all pervious and would basically drain all water runoff. There was no one else from the audience who wished to address this issue. COMMISSIONERS JACKMANBARRY MOVED TO CLOSE- THE PUBLIC HEARING (AT -7:45 P.M.) PASSED 6-0 (COMMISSIONER BERNALD WAS ABSENT.) ' Commissioner Roupe stated he was not present at the original hearing; however, he-had a chance to drive by the property and has seen the effort made to comply with the earlier concerns of the Commission, and he had no additional concerns to express. Commissioner Kurasch concurred, stating she had no concerns, noting the revisions are an improvement. Commissioner Jackman said she had no concerns. Commissioners Patrick and Barry concurred with the other Commissioners. ~~~~~s PIANNING'COMMISSIONMINUTFS PAGE 4 JULY 26, 2000 Chairman Page agreed.and expressed his appreciation for reducing the driveway. Mr. Finnegan noted that the applicant likes the house better with the revisions. ~ , COMMISSIONERS BARRY/PATRICK MOVED TO APPROVE DR-00-O15. PASSED 6-0 .(COMMISSIONER BERNALD WAS ABSENT.) ' . , COMMISSIONERS BARRY/PATRICK MOVED TO APPROVE SUP-00-001. PASSED 6-0 ' (COMMISSIONER BERNALD WAS ABSENT.) 3. DR-99-005 & V-9 -0.10 (503-53-064) - PONTIER-DeMATTEI, 15045 S hills Drive; Request for Design R view and Variance approval to construct a new 3,747 quare foot, two- . story residence with a 30 square foot basement and a 440 square foot de ched garage on a vacant lot: Variance app oval is necessary to locate the residence within th rear-yard setback to minimize impacts to large ak trees and for retaining walls-exceeding thr e feet in height within the front setback. The site 's 27,225 square feet and is located with' an R-1-40,000 zoning district. (CONTINUED FR M 7/12/00 DUE TO LATE HO -PLEASE REFER TO PREVIOUSLY DISTRIBUT STAFF REPORT AND EXHIB S) i~ Commissioner Patrick recused herself from tem #3, and left the dais. Director Walgren presented the staff report, noting that the prof t meets all zoning and ordinance requirements in terms of maximum permitted or area, lot. cover ge, building height, etc. He said the variance request is to allow the building to be to ted 20' from' at would otherwise be a 50' rear yard setback towards the back of the property. He said is is an un ual project because when first submitted it met all of the. setback requirements and was to ted dir tly in the center of the pre-existing, pre- - .approved building envelope. The applicants had des ed a home to comply with the City's zoning ordinance; however, upon plan submittal and City arbo ' review, which required the home to meet the City's minimum setback requirements, it wedged it dir y between two very large, significant oak trees in the center of the property. Director Walgren sai this could physically be done; however, the City arborist felt that it would virtually destroy those o tree While the applicants did have a right, to proceed with that proposal, given that it was a .approved of in a subdivision with apre-approved. building envelope, they followed staff's suggesti nand virtuall redesigned the project. with entirely new plans that detached the garage and fit the build' g towards the ba of the site. Director Walgren reported that staff ha previously .discussed ' h the applicant what would be a reasonable distance to keep from the rea property line, and the 20' si a setback requirement was agreed upon. He said the lots interconnect in uch a way that an adjacent pr erty owner probably would not necessarily view that property line a he property's rear yard. He said a can see homes as one walks the property beyond or above the tr e line, but there is nothing directly ad cent that should be impacted by the variance.. With those circ stances, staff is supporting the variance d feels that findings can be made. Furthermore, staff feels t t the design review findings can be made to commend approval of the project tonight. Responding to a questio from Commissioner Roupe regarding the retaining wall, Director . Walgren explained that a retainin all that exceeds 3' needs a variance. Commissioner. Roupe asked whether the conditions in the variance had been met, and Director Walgren ~~~~~~ Attachment 5 ~~ ($'~~~~8 ®09L5 case, C.YBTL S MECWAN or current .owner 3 MOORPARK AVE 173 'JOSE CA 95117 1VI~CHAEL L HULME or current owner 15222 MONTAlJVO HEIGHTS CT SARATOGA CA 95070 CYMBAL or current owner 14262 SARATOGA AVE SARATOGA CA 95070 s~age~ ssaappy ®Jl2l3A~d ~d ROBERT & SHIRLEY CANCELLIERI or current owner ' 14860 CODY LN SARATOGA CA 95070 ' _ __ ---. - t TR CANCEL;I;IERI or curren owner 14860 CODY LN SARATOGA CA 95070 SINA & FARIBA BARKESHLI or VINCENT ,& ARLE~E TONZi or current owner 14232 5ARATOGA AVE SARATOGA CA 95070 JACK L ~ JANET G- ~tAHAM or current ,owner 14285 LUTHERIA WAY SARATOGA CA 95070 UPTON or current owner 14280 LUTHERIA WAY SARATOGA CA 95070 NSTANCE ISHIHARA or ,. current owner 14199 JUNII'ER LN SARATOGA CA 95070 current owner 14221 LUTHERIA WAY SARATOGA CA 95070 STEPHEN G & LINDA JOHNSON or current owner 14307 LUTHERIA WAY ' SARATOGA CA 950'70 JEFFREY & XIANGHON~ WANG or current owner 14230 LUTHERIA WAY SARATOGA CA 95070 . _ , MICHAEL & HO SHIAU or current owner 14211 JUNII'ER LN SARATOGA CA 95070 CYNTHIA A GARVEY or current owner 14231 JUNIPER LN SARATOGA CA 95070 _. - -- BRENNER or current owner 14241 JUNIPER LN SARATOGA CA 95070 . TR HLTFFMAIV or current owner PO BOX 2819 SARATOGA CA 95070 _--- P ANTHONY or current owner 14241 LUTHERIA WAY ` SARATOGA CA 95070 u ~ GLORYN T FA~AONE or current owner 14290 LUTHERIA WAY SARATOGA CA 95070 1V~ARK M -&_ANN_WILBTJI~ or current owner 14200 LUTHERIA WAY SARATOGA CA 95070 - r-_.. LETSON or current owner 14221 JUNIPER LN SARATOGA CA 95070 _. SHORROLLA~i -&~HHTER-A~1VL_ .._.. SEDARATI or current owner 14230 JUNIPER LN SARATOGA CA 95070 - _ RAKISH & DEEPTI JUSTIN S- & IVY WANG or current TAM or current owner DEVANAGONDI or current owner owner 14164 SARATOGA AVE 14216 JUNIPER LN 14198 JUNIPER LN SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 MICHAEL E & ET ALBAUGH or current- owner 14260 LUTHERIA WAY SARATOGA CA 95070 AN K &~T LIU or current ner 14075 LOMA RIO DR SARATOGA CA 95070 `GARY NI & FIONA RODRIGUES or current owner 14098 LOMA RIO DR SARATOGA CA 95070 CHU or current owner 14081 LOMA RIO DR SARATOGA CA 95070 ~. . 1GIYUNG=KWAIT-. & TER~SA----- KOU or current owner 14069 LOMA RIO DR SARATOGA CA 95070 -- I SANQUINI or current owner 14087 LOMA RIO DR SARATOGA CA 95070 E~~~~~9 ..Wort ini ai-?~dwai asn ~~~~slaaUC paaa ulOOwC ~09L S ~as~~ JOHN B & MARY CALLAGHAN or current owner 14093 LOMA RIO DR SARATOGA CA 95070 , JOSEPH F & FRANCES SPADES or current owner 14090 LOMA RIO DR SARATOGA CA 95070 C D & SARA ALLEN or current owner 14101 LOMA RIO DR SARATOGA CA 95070 -- ---. SAL S & MARTHA RL7IZ or current owner 14082 LOMA RIO DR ~ ' SARATOGA CA 95070 - -. _ _ IMMANUEL LUTHERAN CHURCH OF SARA or current owner 14103 SARATOGA AVE SARATOGA CA 95070 PATRICIA & GARY VICK or current owner 14137 SQUIRREL HOLLOW LN SARATOGA CA 95070 DAVID N & ROBEN MARTIN or current owner 14167 SQUIRREL HOLLOW. LN SARATOGA CA 95070 ALLEN J & CYNTHIA RUBY or current owner 14205 SQUIRREL HOLLOW LN SARATOGA CA 95070 3UBRAMANYAM S & PRATHIBHA TALLAK or current owner 14190. SQUIRREL HOLLOW LN SARATOGA CA 95070 - - DONA R TOBIASON or current owner 14130 SQUIRREL HOLLOW LN SARATOGA CA 95070 SASAN H RAISSI or current.owner 14195 SARATOGA AVE SARATOGA CA 95070 -- -- WENDIE E WEISNIAN or current owner 14147 SQUIRREL HOLLOW LN SARATOGA CA 95070 _. PRESTON & 1VIARGARET BURLINGHAM or current owner 14173 SQUIRREL HOLLOW LN SARATOGA CA 95070 COOLEY or current owner 14215 SQUIRREL HOLLOW LN SARATOGA CA 95070 _ ,. _ JAMES A & CAROLYN GRIFFIN or current owner 14170 SQUIlZREL HOLLOW LN SARATOGA CA 95070 s~age~ ssaappd ` ®A213Ab1 ~~ ~, S C V W D or current owner SARATOGA ~CA 95070 „, '. or JOHN R & SLJSAI~T I{I~TILL ! current owner ~ ', , 14058 ~LOMA RIO DR' ' SARATOGA CA 95070 ROBERT S & JOAN SEIPEL or current owner ' .14127 SQUIRREL HOLLOW I:N SARATOGA CA 95070 ALBERT & DIANE CLEMENT or current dwner , 14157 SQUIRREL HOLLOW LN ' SARATOGA CA 95070 _. POLK I & ANNE LAFFOON or current owner 14191 SQUIRREL HOLLOW LN , SARATOGA CA 95070 CHIA F & H[JELLING SU or • current owner 14204 SQUIRREL HOLLOW LN SARATOGA CA 95070 JAY NI & PAULA BLOOM or current owner 14150 SQUIRREL HOLLOW LN SARATOGA CA -95070 __ _ KEITH A & ARRIAGA-BARNA ARTHUR B & SHEILA BARNA or current owner STABENOW ~or current owner 14199 SARATOGA AVE PO BOX 1386 SARATOGA CA 95070 LOS ALTOS CA 94023 ARTHUR B & SHEILA STABENOW or current owner PO BOX 1386 LOS ALTOS CA 94023 - --- JACQUELYN M GLASS or current owner 14410 SQUIRREL HOLLOW LN SARATOGA CA 95070 _ _ SAMUEL B. & LOETA FISHER or GRANT D & PATRICIA current owner WAKELIN or current owner PO BOX 3385 14239 WORDEN WAY SARATOGA CA 95070 SARATOGA CA 95070 - -. ARCHIE E TARTT or current owner .14183 SARATOGA AVE SARATOGA CA 95070 JOHN E & ELLEEN BOSCH current owner 14241 WORDEN WAY SARATOGA CA 95070 ~~D~~~4 ,~09t5 aot aletdwal as0 ~ Wlslaays paa j yloows ®09ti5 aase~ ~ s~age~ ssaippd ®A2l3Ab- ~~U JURI '~ & ELIZABETH MATISOO ALAN H & DIANNE PORTNOY THU V & TRAN NGIIYEN or , or current owner or current owner. current owner 1 53 WORDEN WAY 14265 WORDEN WAY 14277 WORDEN WAY ' TOGA CA 95070 SARATOGA CA 95070 ~ SARATOGA CA 95070 ' S C V W D or current owner S C V W D or current owner , LAND ONLY. ' ALTA VISTA AVE or current owner SAR.ATOGA CA 95070 SARATOGA CA 95070 , WILLYS I & BETTY PECK or WILLYS I & BETTY PECK or ' current owner ~ current owner r or current owner ~ .14275 SARATOGA AVE 14275 SARATOGA AVE ~~ SAR.ATOGA CA 95070 SARATOGA CA 95070 or current owner or current owner or current owner or current owner or current owner or current owner or current owner I ----------- ___ .. current owner or current owner i ~~C1®~~ ..n4rc .ioi a~eidwa~ asn ~~„ s~aau~ paaa uloowS w ! ... N'' aarurow Q-~.iz.rJ» o~ n *~i: ',j, ~~flf ;i~ ~~ ~. ~.;,(;;: ,.,~ ~~ , "~'~'. ~,,: i' ~; ;:. :~ ~'~`i ., C7 -t J6' I ~ ~~ I ~p '~~. -----~.~ ! 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Beet ~~lt4. 1•e' I .I ..... fF MI, 4 ' ti-~ 6:A~ 6~ a d-0" 181~A1 I.d ' nl-a 4~.e 9fi-o P xJ r Vj U r~ W y/fjM F- Fi W x I, V M ~ A. a REVISIDNS ~~ ~~ ~ ' ~~ ~~ ~PL-16 PR- IcCMN~j, Q d iY1LGt6 ~ •0 .-~6KG Ceb AG Mi PIM1tlfi MCLIF•~1gQ~01 KR CfILrtY PM.~11V,v :t~ur.NlNls4u~.INJ - -~a~',raftxi~mw.,wa 1 Q .. d Wsxvpc ~ lfllb ~VMEr+. Elx l T1~~7.~r3 W ~1Y auww~cPo+eR.IN51~ .s puswrce. n.plq~r~lq.° ~" - wlnw "n"` '0 1 ~ W <o NW.NMLLBfi -o PRtN ~ "~ ( m w'~ua ('fm a 6 ) U W<Q m ,` CCO m . s Yq ~ W a 0 fm~ mom •o (EGLrNID 2x4 yA1ps ixb eTd17S p¢ra. wW e d~ ~X R+lb A711~ ~'R'i wW I0' ~~ ~. Om ~/Ar/e~ brN A4 Nd~ d..Y ~N m RAISGI BAr a4~a 01'10 11111b nevprows dr j • • 9'•d 4-e vavroa atitmA QfP.m.ruml4' 9fWJAi NY45 •aN • potuP rW4aae, ~~ ERs 6ae ue, '0 3M Pd. Our ~0 ~ M1 ~~ ~H PAU ~Q .. iv vi O 60ri ~ ~ ' 1 p _e } kITcH91 'F OiuI~RM, ~ ~ cpr, m.a= ~ ~ ux ¢. F~CAWr~. vrssxsEt I tWt ly+viT)'eyc~. rmw OE9. Pio'iY MRI w+WW .wCV64 pPe~pa Mx.rWg. b5o ~- V re ' Y lT TI-'~ ...:1-1 ' - ' .Q ry#f 1116 ~........la. _ , = i:.i W ~ _'4 ;~ . ~LGOo astl~ 0 • M,L• ~ ~ ~,_ .., ~ 6 r m I ~ ~'Fr ~ 1+ "' i ly WS ' aa rr T fF•W i rwi ~T 2`•~ I .a.. ~. 646~ARtl1.0~W1 WL6 1 ~T ~~' T I I ~~ . ~ . __._1.. ~ ~_ ~ _ ..._. 7T ___rrrfff i i ~ ,R. ~;.a ~ ~ j - ~ - .__ ~. ;.1. ~ .~, t t II ,_ ° ,. ~ :I T~_ ~r ~~ _~ u u coso I s zc4 ~ ~ ~• '0 ~~ i ~~ . d ~~ ;~ -' W .~ c ) ~ ~ ~~ ~ _, o m ~ -- ---- g ~ ~ m~< `~- - ~ ~ 6 _~ ~ I ~ ~ ~ I I o ~ <m ~ I I I~ ~ I I ~ _Q ~ f°¢ ~ ~ I Ili I I ~ P w W ~~~ ~ ~ ~---~ ~ ; , x ~ ~ ~ ~ --- Z an.o.or, taw~lr. ~ M _ ,.016 ~u6 h+t6roATi~ SrWNKtLPt,.eiWr x o,a ~ r3o~i1 .. ~. 84,. MrfNLl02. ~yryBI.HLM`'p~?''~°X'°,'~MRo44 reePE-MnCIB . i ~ 1 , r ~ , . ~ 16 ~ ~pxy~7g xwc4eP 7o RP8 µqt f6RFpfYOY~. • ~ P6 N?If:P Ga e.o 1=t e,o i•t e.s I~t IA W U ~ ai.o V +~ K41551 M ~ w GP~IZ~GE FLG~i2 I~I,f1N ud~l~b A . a ~ ADa ~~.~~.R .are ru ~w~aw.` ~ ... _. . ._ .. ~...~ ~ ........ ' .. :....,:...... .~......,,.... H.~ .w....~..:,..o.wu :..v w.....w.....w,..~.o~w.+..._n:.....~......vr~.+r~~lw.~ ... ~.... ........... 1~ ~o~.~ ~~ . ~ k I ~~II ~I r~ BCA L6 P s2o Rpoa PLI.Ns ENTERIOR ELEYAT70N NOTES ~Y aYYn YW Mn. w~MUY ~~paµ ie ~. Po~ ' 'cwiw w~w~i'r.~n,..-wYi`;. - .iela i'ucm°iV'i~:• , SfffAlOR.fbiVi •'(fP.ONlWL6S •/T1~kM.NH! Ct9l Ft~'NO s~~(~ dF.~t 'AUpi 61h~0•G(U•dN•~ PeFj+N~N~A•I~flA~SM~osfqTfP.AI(.pyyf• tit NOlO Wa+ERhP!m+M~'ur AFf~wA~ iv4 ~FI@2~DI4WItb:T7A++1 WAi,sa dlMMr,~' 10 ~ P~ aF1A6 PABP N~•+i~_ ~Rf~ i ' e-2~' F----- ~e~y,Kf~t ~ oRP~ ~~ . ~ ~u 4swc u ~ T i A'o W ~ 4s4..a.1. ru~w ~ , `~~ - !I't M~f HEd'dl ' i ~~ suING~ES ~ ~aoF T ItE, V ~ ! EAST t0 4b~d. fw+Y~ ~r~ \-elms i ~ nAt VIFW t?'9" ~ ....._ REAR Ira' sc A ~~ b NORTH T ~,.~ 7 1s 99 SOUTH 1419b SARATObA. e rwuw.aY.... ... .. ... VIE4/ I 11 u -r, { P I I • -- "'"' WEST n -- ~ ~ I L~___ -- --- . Roof PLAN cE I' aa~ ;p.. a vNfIL t1mHf WKldff 9.4. ~n.lil8 IGB.o, ER.2o13 0/ ~. Fc~to/ Ys'~ iy'~' ~,~.~ a '(1fiNL .w,~a ~Qo ~ ~ ~I ~ fs ~ ~ $~iR Nou I ~, 4.. ` ~ ~ .- V1Ou r.- : -~ i. ! I~~j U Fsp ,~ ' ___ _ .. i ~! I ~ 0 PPL45NC " mbo I ~ d ~ w nanruec _ i~ rox. O KtT >~ ~' I.IVI>JG r~ - ~ 9G}9~ ~ IIe ~ Ind ,q, ,,'; - ~ atR *~ecc -~ view Aaau-~ . ,~,~ 9. x~ „~ ~ - _ _~ ,~, Ilgnd~lal~ •oa F . ~ . ~ ~ 6 63 LEFT SOUTH '~, 5CAL6 y"e{'0° . ~ ,;,na..~...... ~ f ~e 6" -,~ .111 W. V V• Z W a ~. aW ~~ .. ~ ~ s s ~ • 14195 SARATOGA AtiE~ a4~ .a. ...,...... . .. ~ ..u.:. ,: v~Y~.r. ......:.~x:..ele.'....Y_...+w-_•n.~..._...,.....~~.....'~......_.....:...r~Yiw:~.w4.,ro...~..:.......:..t.+u~'P.NVti..+e.su.,.f::..~psY'_'. 'Mi'.~'.~'4I :.:.~:-_.._.i ~ -.~ J. h yM ..._ .__. .,::ver~'....=1'Wer.!•=ti. ~'ica~4`M.,.__:. _:__. .,.....':a+.HVS__wirl,?rat. M +fi i,*. c.... ....... ., •... ~.~~:-...nH .-...:._ ....... ~~...>. ,.. .. . - ~-.- -~ tP.t. 11 .NORTH EAST ~ 3g'- ~~ • z~ ~~ c~ W z~ z ~_ ~~ M ~ Q_ a e.a i~wel04~e1/t. ~. . .m.. Iwif w~p~xf mpg ~ Awt m/ RYA TIP• .. Pwsi~ out11R. si, i ii-~ ~. .• li i rc NORTH I-r---7 (------~ ~----1 I I ' ~ ~ ~ E ~ I ~ ~ ~ I ~ I ' ~ r I ~ r 1 ~ ~1 ~ ~ it ~ I l Y 1 ~ 1 I 1 I r I xio a ~ 1 n i ~ ~ 1 ' ~ , ~ 1 1 M. I ~1 ~I I .. it ~ ~ ~~ ~ '' 1 I / .. ee ~ / EAST 3 CAR GARAGE -' `~` 651 s"n~u. W W N V N Z .r. Q W RIGHT SOUTH ' O W Q W ~ ~. FHO NT WEST L ~. ~ ~ Q Iv ~ ~ B t g~A1E ~". I'p' .w,~p v, I~D° ~m.~ nm'J. .cjq ewr.w D,~ vewm Ae" IA I g9 5ARA7pGA AV& ~A~~~ ~ W W. •~ ,F • yU ~ S11 Pk6r,Fnwi 16 60L ~ ~ W • gI.1~G GbYERAC'+€~ .MAIN R561DLrNGS' 2r38o IMe'ir Flme Natural Designs 612 Pd(Midlmuuidm Ylmo,B~okrm, P 5crl yy ~! CAR G,4¢AGE G51~ I. ,~ ~ - 831.338.408D PM's Z N~ ~ _(- g R A N nIW u N I r G G 3 `~ "° P.O. Box 664 % p'°'dd'N"'t3toferDi~y e 1 Gi ~ A Boulder Creek, Ca. ~ ~ , ° 10r' ~ W 1 M _ pWJ1i1yAV• pATI05••WAtJ~ 4~23~ ~' 95008 a led. (4 T muace,~xa 7"p~ p •w Im(wudmr srwl~mun e t or rcr.~t,. r _ PIa.M list Nnc ~ • Code: Plant Names Amt, Size to ealamars~t,ww + soa ~ ~ V' I-0T S i2£~ ZL7~G p 7•~~ a TAM: Y! ,wmhmPdyrlunPHCJwIir 0 60t ~ Tara cov6tilo~ TI NtilYdmM~m~ITlr aio„aoorrs N 1 16fYL Tz an,++.~rol~l~ I t60~ 01 A'd°w+aa~roalw~'wr~mcror ze Iflrt A _ 4 {~r,RC6i•{ T,- G & ©P k7r' 3334 e: Tndrlgnmm JrlliadN &rJoadn R f Od _ 1, Ia~Y1M64 Sn~my' y~pyieq 1 16(Id - - T/ 14Vda6addr~SrlptMgn4 I 1SfItL IMnrlCdor.,8woiwladvfiurlcYdmbdn N ~ , 9hi0c Tul. i'r~BhBod NeAell~an p,~o.( Fruvl . St AplprA~Nilunu'~b'WNYLMdOrli a 6fii ~ figWydlgWNkpa~ ~ ss rrddorawewTlowleuclr~r o soi lilamfirwnwumpn ~ W , :. ~~1QrIWYNhlr&oadiOBrprr 10 60i .___.._............_._:.._.._.....__._..,...,.:....,_.~ ~ CruiJ~miawHwklln a soa g+..Gruff_Lkil~raddls-:4ladrrrnBrdhl2_:. y ~;~ Eac //~ ~ ea caR.add.rarbld~wa.r a lel( I.yp V~ !n II.I~rxwMe~ld,a,radalo'awr a ur( ar IruianwAatllor Tapn P 150d S9 lavridMDnlWfi~rlllavadlr t/ IGIL~ ~ .~ I ~ / ~(/ ~ Yorwfilddw FaOiy(lN 10 Itld . / ~~q^~w sa amaonmrme.wlrrr~owM' a aoi R~ 1, II tia 1 ~soo 4D + I Brae ~ ~ M's+t I ~" C i ~ ~ ~~ Off` ~ No 1 ~ S ~' - A'S F~ 511 I t . ~." 4 1 ~.l0 l ~ .} M 44i •~ ~. ~~//jy ~ ~ '~ ~ .r T_ ~ I 2 'N~,iO .(Ili~ee TZ 2 .M '~"x' pr~~,i: ~,~ N',~ ' ~ ( _ 1 li"p~~ 'K Albs ~ ~I~t'h,Y, 2 ~ ~._ gal .... ir..~.t> ~~ . ~ , , 1". _ _ . -~, ,~j,' I~ ~D~a 2 ~ ~ ~~ ~ . ~ Mf,b ^ GI ~ ." I 0 . ~.1g p~\0 7,I,~ QQIR 6ARAG6 7~ 0 Aa't7~ ,~ Reoe~K ~~ ryf iwe N I i of ~ '•E•••11, ~ _ ~vsuuo ~• ~ - ~ •J 1 1 ~ c~ ~ - 1 8p W •y`PIwNC \ I 9it• I '~° I ~ .I.+.ro 8c• nw I 34 -' 3 ~ 4M.eo PF I '~"~ i I<t ~",I IAAI N R@SI DANCE ~,,, y t ~ „ •,' hronel I F-' ~ ~ * I G I Mue M. . ~~ __ ~ ~ S~ 1 wp I 5 ~Y'° >r I r\ lslloc . '- 1 36 l I I ~ ~' .. I I ;.~:~ I III SIe ~M4ao I I +. {AT.6y I ~ b I I t I , I ..,y., . m ; 2 I ;mA ..: ~ i I ~ ~ ~ GRAN/JV UNIT ~ I ~ J IloMdlwr ^ /1 ~ --_ _ _ i I W'I X +~ ee h~Nwop 71 +~17 I 9f7.S~. ~ 3 ~ e ae ~e' M+ ~.. 2V'out. ~ Pt ~p~ colt lo' ad iO 10 I SS r t j '~ S G A. L E IN = 10 I SD ; 9 •; ~ 3 I I' • ~'` ~ LANDSCARE ~ PIAN ~~ ~~ '• 14 19 ~ 5'bRpT064~ AVt3 / i WW x ., ~ ~ ~ " ' ~r,~ W NadYal s ~ ~ Z MII z~ Irrigation Legend ' N Q W M ~~ ~ ~ x + ~'~~w. o aurorewwl+.m~, G ~, V • • F.ar ~ V . o o a~am~,~ao~ r~osen~3ooPro+gH„a, M OC atmr • a ~ A Q . sx eaue„~aoumo,odoaw • - O~~FdrFbasa'w.ab ~~ T ~~>~d~Wlrodrnaddhoshbb . •e D 9CI 190' Shnb NtadS m.~le . ~ /iRCi(. bPlA . 2 Q W . N ~ ~ ~ S 14i~w ~. I hp v~ ~soo sa ~ I 6a~ ~ d1 l ~ I ) qY„ ~c ~ , ~~• p'~ ~ F+6 I S ~ ~ Or'd' A `} ~ 4M0! ~ 4G ~ ~ PIl+uT1uL_•~ S • !r o~ .~ ~.f0 ~~ ~ MG 4 0 r r r~• ~'iO .~.pp ~~L~ ~•x i UIE I ,~~ ~~ r ~ ~ '~ li"O1Arc; M"• 445'4: wIL~ I ~ ~ co r,~ Aoe1r __ ~~ I I p. ti I I 1G I~was ~' gry 9t> ~ I I Mq,lp A., ~ - I Jl ~I iMao FF ~ I 1~ _' ~ r L FgSTyy, I I . I FUr71K4 I I d ALAI N RB81 DGN~E ~ v •H i ~A6-{I av '° LiF6 I 'SDI. I ~ . , : w.a I I i`1O0 I ~~~ I f ! ~.- I ~„ evl ~ +i woJ I ~ ~ I ~ I npdPry~ I . r.l ~~ ~., I F~ I _ I ~47•sb I I I ~~ Om' ~ . w I _ = x~ itta ° ~ I _ i~s,>b ~ crtn,vuv uN 1T N u d~ ~ ~ ~ I ~ylh0' - f ~ / (.-._ _.__.1!'+ y. ~/~ _ 1 _ _ '' ~" _ FBI II """ ~ X wNICIG /~ ~~ 1 . 4M~a0 ~ 9M,••s + •• flr. ~ • II 41L 1) ~ '1T!•1]• ! ~ ,; tl, ~•~ l~3'L~`'p~~,1 31'c~l~ RL ~7sH ! ~ lo' ~, m' ~ ~ * I ~~ 55 '~ S G A L E I" = 10 I ~ I b :•, ... IRRIGATIpN •pL~N ~'r 3 Io r.,,~.,, ~r.w . _ nam II ~ • li 195 SARATOG~- Av8 ... r...._.,..... ~l • ~'~, .. • • C7 I Tea ~ tw+ R. (~ 'h46K e~Nd'ppy~rroo o cxaonous rGr.Maakb.c. r~ ~ ~/ 4 / ~ •o ox4 C.F•Itallyf ?.W'ec. IS R ~~~ .:.. A3D 017K i F.4f ~~ . le ~ {Cro.go„f$ , ? ~~. Noab kridi~t p~T10 R.19 NWI.. mlf.,w~a. ~~ ~~~~ 1~ ~ _. _.. ~ : ~ .~...,aN«~ru.~,.~ r j~ ~ _• ~.a N.4gAf ~ s i ` 'ar. ~nG~gFi~. .:. , ' ... . r1t}11CY1aR•!m• ~ ~~ ~~oiYO~~ I~~.r-d - ,~.~TioN. SECTION NOTES ~aaiwirlApYr~W Mrtr.ronarwanrwrwn a n•u.rr. rraio ~µy~ purm a +w a r.rie nar nn r.ono ns w.o. ~1~WrpLL~re~r Mpr•t r 1•RMU4Mr•u1W tW O.OI a~r~i•a~,Krs rLfwO~IpwW~l w~iOiKUl~ural~arr N6•IM,Otr Y~4rIPIH1,Ii0~ ueWW w•YrIMwI1WRTa WaI.YrNnr\ W Y1 •aNAaYnar4 rOp•~i qua NlMIY34 rAp1a pwfr•a3ar0{f,trW MIaalMrCr MOrM14rOTr3 •w.,ra aw a m nier ~r rr 04 •u., rq.a aow M rYR r4 NR[wniwNmAr'IrF0.W uoM. MiRrrt~u MYw4lr Mla•V.N100JrOr YIIIINr.pal0 r•Ma M• wer wx.m.n u.w un wwno. meu ru rN aaw.1°i.n •ou.e.r w a,uea..+nrn rounw.n+ww+e a~.un.n•us..eeo.aaw...<rma.rns nwnw wwra~a• wn ris+w n.e s.s a ,w w..o a mr0°i n"iw w'ia°rmuu°~sw v" mn.."00"0ae..:n.a.01p1. .ern G rwil•OwM rasMaPOCOroN •rtw0~1M•WONt ywr•ros~uua.lr. wuroweiwsa wra+rarrw re,a rrwnrie°1.w4°aw ~o ~..r.aa.~.r~ o~,..~....~,.~~~..~r~..,....a...., .,~. µmp,~p6 ~ I\\. \~ A It ~~ ~tl }b~par IW15 6NmGAYi 1y; m~~ NnfLar~,e+.Tleµ W ~m6gei~' q~ ctpi~{ jttt ~ Il4 ar o pEySgi0N6 BT ~ ~ ~.~ 1x84Nrm,c a+.ti' re.r •. P..rarov~ N•~ra ^ <c fn 0 ~ W h r ~ Q Q (m 0 x ~ ~ F f~¢ ~ ~ ~.m. W F: M ~ 113o%I I leMAS u01~ V ~ R4KS~ a ¢ ~+ a40~ a ~ .. .:. 8 Is I uu~si~ i ~ GWI f11IG. eGOM. R0R IF~)IMpA -L--- - - ---- r~a.µµ.~~ --- - yfolilrlA.fe~ar.evx.tp~w,M ~ as+r M+Rrtf. sar ~F H4ns.M1sN E1 Iz ~GbF SAN ~ ' ud a r d i '~ l_. 1.....L __ Td ply 41~T.eaTm ~,i~.nucaw ~., ~„ ». _~. ~EGTION • J :~ R-sc KIYUiW.1 6l M 1`R. uw-u~~ • M; ~4 p_t4 I)4a1P. p7, ~' ~1 ~J~ON ~va,Ny ain rH"..i-o mNC: TIlB Wafaa~2 s/solb Aar a//Vs°d. (fR) reA kv. r?yi A~ q'rsWr.~ w/Ryw.eue.~e.w. o/14"G~t ~Spstle.YAA. .y YO RI7 f ,~K w 1P1~ v/G~~Q~ aatiG. IN..r~.o U ~~~. r- A-16QMaa r KlHORWt~ 0•G.Wlexv c1a.x1tsT11TPJ 1116 ~ htt10 ~CN1}I.trloll ,wwFa~~r 4a'S =1$o s 4.47. ; •Gy n8•ag4 Ot5 ~ 4- brlt• PoW e162•IRNf t rrreer+a.) ~ ~ . f Cp2~Nl~• 4 om RirWeR• . u ~~ _ IAi .D X F ~ ~JI B ~ ~ v v r3----.~..- ~ ~~ 4.Yb Np(L.AfRi ~' - - o ~ _- 1 ` .~ .4.G ~, ~ h °~ ut ~_- are o .« I a T ro s~ I r~ r ~ ~ 1 ~ ~ aaW~ Ala -.~ ~ ~~fl ° _ ~ exB HAx r.r.Rl p ~ ~ d d w \. _ .. 4 .~_y. .. b _ 1: ~ YeAD.11 ~~y- _ ~ . - I ' .~..- a _ __ _ ~ I ~: I I I:. . ` ` '---- n p°" "a' ara,RPws ~~ ores tNDt, M ~'.o ... IMF:. I..N11`.r ... ...... .... fi14M1~ SIN 6r~~ RIN6P32aw RRN a t ~B.o• N/axleaa.~,t -lu'o.o• ?)R1 . i i 1 e SID t DeaYr 4x4 °•~ u•aeare. oxu iA WERIL a/ +!e'cent ~. ~ ~u~5 ~~N . To w~u, N.T.4. ~A~y If00F FRAh1QIG I) Fa°f ptyaood a be SS' DD%phwood uD arcs Bd (~ 6"D.o edge axl li'e.e. seta 2) Eamdreotplyaood6eloaeAGllfotxSeEemioB1aw30"x12•fmpwege. 7) FidreAxl2DF.YlU.ON,6x1D,DF.A3ltr2x6audx(mleaoDwaiaooaal A) Sxl uudi ®16•oa (I/Atn 10'0") 7x6 quilt®16"o.e (UMsc M'-0".) 5) ILAms IitPIAM ~~ ~ . 6) CI}jrdu2x6DF.®16"o.a(IlMulti'OJ2~DP.A2®I6.0.0(I/Afoc70'-0.) T? Aeftem7x6®48•o.cV.ON. q Uaridge6a7x120.F.a2vdlryRfiipeU.O.N. parcy2p2augegelv.~aax4aegod. ID)Sap AaL peiryaeW ®rootiolaextiod tot mmp. ttioglex II)glapAu6aamdomaoat. 12)FW6 veDry° permotxrL Muu9amrryvo'a 13)VeaOae urie rytce UlSO otelaoga 1A)P.S.L beeou to be puelemP.~,G. (30H) ' l3)Sdat aeW th°wo an ple°iiad'boptt6a It 4,4 aApl~a Amu ~tr111b4new eIl iIGo.4.g4-•01F.1.trye Pw ~~~~ ~' -a I. 6 i i plYISION8 ~~ '6 u 0 ~~ WO QO (m 0~ 0 m~p m x ~ m ~ < ~ ~ *~ V b`•~ ~7 W x ~ U Dna EItJb~J ~ ~~ . M ~ ewtl AO~~ p. < a 20 enwr •roua•n~& l~ %D m ~111R 1 RpF(• 4r4 C.F. p¢ b 14 GA(ZAGE RceF FRAf~IiNG -'lAU ,~~ ~ • J ~~ °~ , ~~ anav Ae na>am+tE el.~ (ass A,s xortn/ AC AS9YAlrCaM7PFlE M Ap As'b!f'' ~ ~~ ew. sAar a< wurA~ ewc e~Aar farnalr nez BD eLOM aM• C' G'aV/Al2 AYNI f arm m cuAn+avr p A'7A'1IIOEI DMY 091E7NY al>F alraar l!. fSEI! 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T.r ~~, NEafGR r3~DABs scar k.,r. iria(oAE p1AlD(TOB rnr car rr.a/ en l~Y1elON3 uuanmAn AI0 A71p7Aift sera /doe ermmrar~ andequd dmmlwbepdehlpml9. _ ~'~ w Y ° 0 ) '. \. s O ~ 24' DYueMrTeudl - As 1 F . ~ 0 <n $m Q W~U m~0 ~m0 •fsC WSW as ~ l;e/d~ /eM went Aw RNSS- I C 8 F I N N S GAN ,..,.,.. ,~„ R C H I T E C T aA~Q~ • City of Saratoga Community Development Department MEMO TO: Planning Commission FROM: Thomas Sullivan, AICP DATE: September 24, 2003 RE: Application.#03-195 Attached please find a letter from Jolie Houston; Attorney for the property owners at 19892 Mendelsohn Lane. They are requesting that this project be continued to the next meeting on October 8; 2003. i• 000001 BERLINER COHEN ATTORNEYS AT LAW $ANFORDA.BERLINER' LINDA A.CALLON A PARTNERSHIP INCLUDING ANDREW L. FABER JAMES P. CASHMAN PROFESSIONAL CORPORATIONS WILLIAM J.GOINES' STEVEN J.CASAD ROBERT W. HUMPHREYS NANCY J. JOHNSON RALPH J. SWANSON JEROLD A. REITON TEN ALMADEN BOULEVARD PEGGY L. SPRINGGAY ROBERT L. CHORTEK JOSEPH E. DWORAK JONATHAN D. WOLF ELEVENTH FLOOR ' SAMUEL L. FARE KATHLEEN K: SIPLE ALAN J. PINNER KEVIN F. KELLEY SAN JOSE, CALIFORNIA 951 I3-2233 FRANK R. UBHAUS MARK MAKIEWICZ TELEPHONE: (408) 286-5800 ~A Professional Corporation FACSIMILE: (408) 998-5388 . www.berliner.com RETIRED SAMUEL J.COHEN Branch Office -Merced, CA September 11, 2003 Mr. Tom Sullivan VIA FACSIMILE & U.S. MAIL Community Development Director City of Saratoga 1377 Fruitvale Avenue Saratoga, CA 95070 Re: 19892 Mendelsohn Lane Dear Tom: • This letter is submitted on behalf of Robert and Janie Quicke, the property owners of 19892 Mendelsohn Lane, concerning the re-submittal of their architectural and review application. It is our understanding that their application has been scheduled for the. September 24, 2003, Planning Commission meeting. Because the applicants will be out of the country at that time, we respectfully request that their application be .continued to the next available Planning Commission meeting. If you have any questions, please do not hesitate to call me at (408) 286-5800. Sincerely, BERLINER COHEN JO E HO STON E-Mail: jh@berliner.com JH:cem cc: Robert and Janie Quicke Bill Gould ~,, , PAULA. PELOSI JOHN F. pOMINGUE ' THOMAS P. MURPHY SETH J. COHEN NADIR V. HOLOBER MONICA B. ~OROCHOFF BRIAN L. SHETLER CHRISTINE H. LONG MICHAEL VIOLANTI KRISTIN GENC JOLIE HOUSTON ~ CHARMIAN D. TUNNEY CHRISTIAN E. PICON~ DAVID D. WADE ' EILEEN P. KENNEDY NATHANIEL WILLIAMS ' PETER BAJOREK LIV K. HASSETT HARRY A. LOPEZ ~ BRIAN N. KIM AARON M. VALENTI OF COUNSEL HUGH L. ISOLA' STEVEN L. HALLGRIMSON ERIC WONG NANCY L. BRANDT CHARLES W.VOLPE JEFFREY S.KAUFMAN UH1601656.1 ~ ~~®~2 01-091103-13279001 ITEM 3 ~- REPORT TO THE PLANNING COMMISSION I Application No.: #03-176 (Revisions to Article 15-06 -Definitions) l Location: CITYV111DE Type of Application: Zoning Ordinance Amendment Applicant/Owner: City of Saratoga ~ Staff Planner: Thomas Sullivan, AICP ~ Date: September 24, 2003 Project Description In an on going effort to make the City, of Saratoga processes and ordinances consisteht with one another, Staff is presenting to the Planning Commission a set of amendments to the Definitions section of the Zoning Ordinance. This section was selected as the next major update as it is one of the most widely used portions of the Saratoga City Code. The proposed amendments not only move towards rectifying practices and the letter of the, law but also provide much needed streamlining and clarification. In addition to providing revisions to existing definitions, Staff is recommending that several new planning terms be defined in this section. The definition of "height" has been completely rewritten. Currently, the definition is vague and difficult to administer. Currently the definition of height addresses both fences and structures. These have been separated. Other highlights include changing the definition of driveways and streets so that a common driveway is not considered "right-of-way as a street is also considered. The definition of "Manufacturing" has been removed, as it is not a permitted use within the City. Staff has provided the typical~trii~fi for deletions and bold italic for additions. This seems the best method to present the proposed changes to the Commission. 15-06.005 Application of definitions. The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise. 15-06.010 Abandon. "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure, or during brief periods of • discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. ~~~~~~~ _ v 15-06.011 Abatement. ~ ~ ~ ~ ~~ "Abatement" means the act of eliminating the condition that causes a. nuisance. 15-06.020 Abutting. "Abutting," means having property lines or district lines in common. ' 15-06.021 Access. "Access" means a way or means of approach to provide vehicular or pedestrian physical ' entrance to a property. 15-06.022 Accessory Structure. "Accessory Structure" means a structure detached from the main structure on the lot and incidental and subordinate. to the main structure or use, but not. including Second Dwelling Units. 15-06.023 Accessory Use. "Accessory Use" means a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on the same lot with the principal use. ' 15-06.024 Acre. i "Acre" means a measure of land area containing 43,560 square feet. ' 15-06.030 Addition. "Addition" means any construction, which increases the size of a structure in terms, of site coverage, height, or gross floor area. 15-06.040 Alley. "Alley" means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation., 15-06.050 Alteration. "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a cgs-er-structure, or change in relative position of {~ai+di~rgs-a~ structures on a site, or substantial change in the exterior appearance of any btri+dir~g--ar structure. ~ Q~~~®~ ~. . 15-06.051 Apartment Unit "Apartment Unit" means an independent, self-contained dwelling unit with -one or more rooms with private bath and kitchen facilities in a building containing three or more,such ' dwelling units. 15-06.052~Applicant "Applicant" means a person submitting an application for development. ' Where the Applicant is not. the owner of the lot that is the ,subject of the application for' development,-the Applicant shall provide the approving authority with evidence that the application for development is authorized by the owner. 15-06.053 Application for Development ~ ~ ~ ' "Application for Development" means the application form and all ~ accompanying documents and exhibits required of an applicant by the approving authority for development application review purposes. 15-06.060 Approving authority. "Approving authority" means the legislative body, commission, committee or official of the City designated under the provisions of this Chapter as having the authority to ~tti~r- approve or deny a particular type of application. 15-06.061 A urtenances PP "Appurtenances" means the visible, functional, or ornamental objects accessory 'to and part of buildings, such as; chimneys, flag poles; cupolas, spires, or antennas. 15-06.061 Architectural Feature "Architectural Feature" means a prominent or significant part or element of a building,., structure, or site. 15-06.062 Architectural Style "Architectural Style" means the characteristic form and detail of buildings of a particular historic architectural context or period. 15-06.070 Attached. "Attached" means anything physically connected to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiling 15-06.080 Attic • "Attic" means that part of a building that is immediately below and wholly or partially within the roof framing. ~~'~®®a3 15-06.090 Basement. "Basement" means a space in a structure that is partly or wholly~belovv grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal'to forty-two inches. (See Figure 1 a) If the finished floor directly above the space 'is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. This requirement applies to all lots, with the exception of hillside lots. , On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be'counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical-distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such. space, then the entire ,space is a basement that shall not be .included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure; whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. 15-06.100 Bed and breakfast establishment. "Bed and breakfast establishment" means a structure designed as asingle-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and. breakfast is served to the guests on the premises. 15-06.105 Below Market Rafe Dwelling Unit. "Below market rate dwelling unit" means a dwelling unif, which is rented, leased or sold to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the evenf that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. 15-06.110 Block. "Block" means any lot or group of contiguous lots on one side of a street and-lying between intersecting streets, railroad rights-of-way, waterways or unsubdivided land. 15-06.120 Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. 15-06.122 Building, Main. "Building, main" means a building in which the principal use of the parcel and/or building site is conducted. • • ~QU~®~ ~ ~ 15-06.125 Building site. « „ . "Building site" means a /of, occupied or to be occupied by a main building and accessory buildings, or by a dwelling and its accessory buildings, together with such open spaces as are required by the terms of this chapter. 15-06.130 Cabana. "Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection .with use of a swimming pool. 15-06.140 Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all.sides:. 15-06.150 Clinic. "Clinic" means a facility for the medical diagnosis and treatment of outpatients. 15-06.160. Community facility. "Community facility" means a place, structure, area or other facility used for and providing fraternal, social or recreational programs or activities generally open- to the public. The term includes parks, swimming pools; recreational courts, community centers, libraries, museums, and golf courses. 15-06.165 Community view sheds. "Community view sheds" means any views, which are visible from an area which -has scenic value for the community. 15-06.170 Corral. "Corral" means an area enclosed by fencing for the keeping of horses or other livestock. 15-06.180 Covered parking. "Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space.' 15-06.185 Creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where banks do not distinguishably end, the City or Santa Clara .Valley-Water District shall determine the fop of such banks: ~~Q~®~ 15-06.190 Day care facility. , "Day care facility" means the use of a site or portion. of a site for a group day care program for eight stx or more persons ehifd~err-other than those resident on the site. The term includes nursery school, preschool -and similar facilities. ; ' ~~ ,. 15-06.200 Detached. "Detached" means. a building or structure,. which is not attached to any other building or ' structure. 15-06.204 Development. ; "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; .change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Acf (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. . 15-06.210 District. , "District" means a portion of the City within which certain uses of land and structures are permitted, conditionally permitted, or prohibited and within which certain yards and other open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter." 15-06.220 Drive-through service. "Drive-through service" means a feature or characteristic of a use. involving the sales of products or provision of services to occupants in motor vehicles, including drive-in or drive-up windows. 15-06.230 Driveway. "Driveway" means a private roadway servicing up to four parcels ,the use, of which is limited to persons residing or working on the site and their btrstrtess visitors, which provides access to off-street parking or loading spaces on the site. ,. •i 15-06.240 Dwelling. "Dwelling" means. a pfaee-permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational • vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. ~~~~~~ (a) Dwelling unit. means a room or group of rooms including living,. sleeping, eating; cooking and sanitation facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having-not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, ' designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building primed-However, asingle-family dwelling and a lawful second unit dwelling located. upon the same site shall not be deemed amulti-family ' dwelling. (d) Second unit dwelling means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-1, or HR district where a legally created single-family dwelling is .situated. .Second dwelling units are not to be sold separately from the primary dwelling, but maybe rented 15-06.250 Emergency access. "Emergency access" means a street, which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency. 15-06.255 Equestrian zone. r~ "Equestrian zone" means an area of the City where. horses may be maintained for private use and commercial or community stables may be maintained only in 'such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning .regulations set forth in Chapter 15 of this Code. 15-06.260 Family. "Family" means an individual or -two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each occupant has access to all parts of the dwelling unit. A family shall be deemed to include necessary household servants. The term shall riot include a group of persons occupying a hotel, motel, bed and breakfast establishment, nursing home, or institution of any kind. 15-06.261 Fence. "Fence" shall mean any structural device, other than a wall of a building, forming a. physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic or other similar materials. 15-06.270 Financial institution. ``Financial institution" means a bank, savings and loan association, credit union, thrift association. or similar organization. 15-06.280 Floor area, . ~~~~®`~ {aj Floor area means the total habitable and/or accessible floor space under roof :of all floors of a building measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rogms, interior courts,, underfloor areas with' an interior height of five feet or greater, porches, verandas 'and similar building elements with a solid roof and enclosed on -three or more sides; garages 'and enclosed accessory structures. In the case of a sloped ceiling or ground surface, the floor area shall .be measured to the point at which the interior height is less than five feet. The term "interior courts" as used in this section means an area within the structure enclosed on all sides.. Gress fleart Floor. area -does not include basements, exterior roof overhangs, exterior unenclosed .balconies, inaccessible attic areas, unenclosed accessory structures and unenclosed areas underneath exterior decks or balconies. The term "enclosed" as used in this section means a structure with three or more walls, or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof. 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street, which does not result in the creation of a nonconforming lot with respect to frontage, width or depth. If more than one property line of a corner lot abutting on a street can be designated as frontage without creating a nonconforming lot, then any of such property lines may be deemed the frontage. 15-06.295 Game arcade. "Game arcade" means an establishment having more than three coin or token operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site. 15-06.300 Garage. "Garage" means an accessory structure or a portion of a main structure that has a permanent roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles. Haairrg 15-06.310 Gasoline service station. • "Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, .and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used. 15-06.320 General Plan. "General Plan" means the current General Plan as .adopted by the City pursuant to the requirements of the Government-Code and includes, for the purposes of this Chapter, any specific plan applicable to the site. • ~Q~~~B 15-06.325 Geotechnical clearance. "Geotechnical clearance" means a written acknowledgement from the City Engineer jndicating ~, that: (a) The applicant has identified all geological and geotechnical hazards and constraints present on the site; (b) The applicant has evaluated those hazards and constraints, identified in subsection (a) which would affect the proposed development of the site or impact adjacent properties,; as required by' ,the City Engineer and City Geotechnical Consultant; (c) The applicant has developed appropriate measures to avoid and/or mitigate tliose hazards and constraints evaluated in subsection (b) to the. sati~factiori of the City Engineer and City Geotechnical Consultant; (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical clearance does not and shall not be construed as constituting an approval or' entitlement of any form or type. 15-06.330 Guest house. "Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site. ~-: ~^ ~ r , ~ ~ t ) • e 15-06.340 Height of Buildings "Height of Building" means the vertical distance from the average of the highest and lowest point of the lot at the building's edge, measured from natural grade, of that portion of the lot covered by the building to the topmost point of the roof excluding appurtenances, unless .otherwise specified in this chapter. The Community Development Director, through the use of the best available information, shall determine natural grade. 15-06.341 Height of Fences, walls and hedges "Height of fences, walls and hedges" means a vertical line from the highest point of the fence, wa// or hedge fo a point directly below at either the natural grade or the finished grade, whichever such grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the ®~~~~ fence. shall be the vertical disfance measured from fhe top of the fence to the bottom of the retaining wall in the manner prescribed herein. 15-06.350 Home occupation. "Home occupation" means tie any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture. of products in a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to, the use of the dwelling for dwelling purposes, and in accord with .the provisions of this Code. r ,, 15-06.360 Hotel. . "Hotel" means a structure or portion thereof or a group- of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or similar use. 15-06.370 Impervious surface. "Impervious surface" means any structure or hard surface which.. substantially impairs.. the natural permeability of the soil, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces comprised of gravel, clay, bricks with sand, or concrete 15-06.380 Institutional facility. "Institutional facility" means a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential, or health care services to the community at large: The term includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or colleges. Its use does not involve direct on-site sales of products or personal services. 15-06.385 Intermittent stream. "Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons. 15-06.390 Keeping; keeping for private use. (a) Keeping, in relation to the keeping of animals, means the harboring or maintaining possession of any animal on a-site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupant of the site. (b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the owner of the -site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or sale. 15-06.400 Kitchen. ~ I ®®~~~:~ "Kitchen" means a room designed, intended or used for the cooking and preparation of~food 15-06.405 Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from.the building perimeter to the interior wall of the Lightwell, that is enclosed on four sides, that is open at the top, and. allows Jight into a below grade bevel of a building: Lightwells shall have guardrails. and gates in compliance with the Uniform ;Building Code. 15-06.410 Loading facility. "Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor.vehicle or trailer in connection with the use of the site on which such facility is located. The loading facility area on the site may ~ include .loading berths, aisles, access driveways, turning and maneuvering areas, clearances and similar features a~ which ~-eetit~g meet the requirements established by this Chapter. 15-06.420 Lot. "Lot" means a parcel of land consisting of a single lot of record. (a) Lot of record means a lot which is part of a subdivision and shown on a map thereof. as recorded in the office. of the County Recorder, or a legally created parcel of land described by • metes and bounds or shown on a parcel map which has been so recorded. (b) Corner lot means. a. lot abutting the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight -lines drawn from the intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty-five degrees or less, or if the centerline of the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five degrees or less. (c) Interior lot means a lot other than a corner lot. (d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the requirements of this Chapter for site width. The length of a corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. (e) Hillside lot means a lot having an average slope of ten percent or greater. (f) In-fill lot means a lot surrounded by other developed lots in at least three out of four northern, southern, eastern or western directions: (g) Reversed .corner lot means. a corner .lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel streets. 15-06.430 Lot line. "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot,-.the lot line abutting a street, or, on a corner lot the shortest dimension of fhe lot fronting the street, or, on a double frontage lot, ~~~~11 the lot line abutting the' street providing the primary means of access to the lot, or, on a flag, lot, the interior .lot line 'most parallel to and nearest the street from which the means of access is , . obtained, except -that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot. line will be the property line from which the front yard is measured. (b) Rear lot line means the lot boundary opposite, or approximately opposite. tie front lot lin ~ ~ ~ ; . A lot bounded by only three lot lines will not have a rear lot liner (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any-lot line not abutting a street; (e) Exterior lot line or street lot line means any lot line abutting a street. (t) The Community Development Director may assign or designate lot lines for irregular shaped parcels. « ~, 15-06.445 Mixed Use Development. The development of a lot or building with two or more different land uses, such as residential, commercial, office or- public. 15-06.450 Motel. "Motel" means hotel, as defined in Section 15-06.360. 15-06.460 Nonconforming. "Nonconforming" means not in conformity with any of the. regulations set forth in this .Chapter. (a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. (b.) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of size, coverage, yard spaces, height, distance between structures, or other regulation of this Chapter for the district in which the structure is located. (c) Nonconforming facility means a structure or site, which conforms with the regulations of this . Chapter but is used or occupied by one or more nonconforming uses. (d) Nonconforming lot means a single and separate parcel of .land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconforming. (de) Nonconforming site means a site which was lawfully created in compliance with all zoning arid subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer • ~~®~~~ conforms with the .standards of .area, frontage, width, depth, or 'other regulation of this Chapter for the district in which the site is located. 15-06.470 Nursing home. "Nursing home" .means a residential structure in which nursing, dietary and other personal ' services are rendered to six or more convalescents, i'nvalids'or elderly persons, residing at the, faci/ity~hefeat, and in which surgery or other medical treatment customarily given.in hospitals is not performed. A convalescent home or rest home shall tie deemed a nursing home: The' term shall not include a so-called half-way house or rehabilitation center occupied by persons . under treatment for alcoholism, drug abuse or any contagious disease. ' 15-06.480 Office. , (a) Professional office means a use providing professional or consulting services: (b) Administrative office means a use providing facilities for the conduct of management and administrative functions of a business or other enterprise. (c) Medical office means 'a use providing consultation, diagnosis, therapeutic; preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners of .medical and healing arts for humans. 15-06.485 Open space. "Open space" means as defined in the Open Space Element of the General Plan. . 15-06.487 Parking District "Parking District" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking far several. individual properties. 15-06.490 Parking facility. "Parking facility" means an area on a site or within a building, or both, used or intended for use for parking of one or more motor vehicles, including aisles, access driveways, turning and , maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures. 15-06.495 Perennial stream. "Perennial stream" means a watercourse of persisting water flow throughout the year. 15-06.500 Repealed. (Ordinance 71.66, adopted September 6, 1989.) « „ • ~~~~~~ 15-06.516 Quasi-Public Use. ' "Quasi-Public use" means a use owned or operated by a nonprofit, religious, medical or' charitable institution, having the primary purpose of serving fhe general public and providing educational, cultural, recreational, religious, or similar types of programs. 15-06.520 Property line. "Property line" ,means lot line, as defined in Section 5-06.430. 15-06.525 Protected creek. "Protected creek" means any creek identified in the most recently available Maps of Flood Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara Valley Water District, and as may be amended from time to time. 15-06.530 Recreational court. "Recreational court" means any planked, paved or otherwise hard surfaced outdoor area used primarily for athletic activities, other than swimming .pools,. and including; but not limited to, courts for tennis, racquetball; paddle ball, squash, basketball, and similar activities. 15-06.540 Religious institution. "Religious institution" means a use providing facilities for organized religious worship and religious education and other activities incidental thereto. A property tax exemption obtained pursuant to Section 3(f) of ,Article XIII of the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that such use is a religious institution.- 15-06.550 Restaurant. "Restaurant" means any eating or drinking establishment having seating capacity which sells or . offers for sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, soda fountain or dining room. 15-06.557 Restriction. "Restriction" means a limitation on properfy that may be creafed in a property deed, lease, mortgage, through cerfain zoning or subdivision regulations, or as a condition of approval of an application for development. 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. 1 n '1 • •! ~~~~1~~ ~ ,. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail ~~ use having more than seventy-five percent of the gross floor. area used for display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, ahd similar goods, which uses .have demonstrably low parking demand generation per square foot of gross floor area. , (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. ~ , 15-06.570 Right-of-way. "Right-of-way" means a strip or area of land used, or reserved or intended for use,. as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, _ and includes- all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access, pedestrian, equestrian and utility easements. (a) Public right-of-way means a right-of-way owned by the City or any other public entity or public utility. (b) Private right-of-way means aright-of-way owned by and for the benefit of one or more persons, including aright-of-way offered for dedication to the City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity. (c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated- right-of-way, whether or not the entire width or area is actually used for such railroad- facilities. 15-06.575. Repealed. « •„ 15-06.585 Service establishment. "Service establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects and not primarily for the sale of goods or merchandise. 15-06.587 Setback. "Setback" means the minimum distance between the structure and. any lot line. ~~ ,~ ~~~~~.J~ 15-06.590 Setback line. "' "Setback line" means a line that is located at the required minimum distance from 'aby Jot line, which establishes area within which the principal structure, a fence, or a wall greater than six (6) feet,- and certain enclosed accessory structures listed in Section 45-80.030(d) , must be erected or placed. ~, ,, , 15-06.600 Shopping center. "Shopping center" means a group of five or more retail service establishr'nents, planned, developed, owned or managed as a unit, with off-street parking provided on the site. 15-06.565 Sight Triangle "Sight triangle" means a triangular-shaped portion of land established at street intersections. pursuant to Section 15-29.010(e) in which nothing is erected, placed, or planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection. 15-06.610 Sign. See Section 15-30.020 in this Chapter for definition of sign, sign area;. sign -height, sign program, illuminated sign, free standing sign, portable sign, identification sign, construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate sign,. special event sign and subdivision sign. 15-06.620 Site. "Site" means. a lot, as defined in Section 15-06.420. (a) Gross site area means the total horizontal area included within the property lines of a single site. (b) Net site area means that portion of gross site area remaining after deducting therefrom the following: (1) Any portion of a site within the right-of-way of an existing public or private street, road. or access easement, except an emergency access street. (2) Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or batfding-s~ife appre~f or a recorded subdivision er-paree4 map, (3) The portion of a flag lot constituting the access corridor lying between the ,front lot line and the frontage line of the corridor at the street. (4) Any portion of a site within an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by the City Geologist as'`Md'" or "Mrf;" and (6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical analysis approved by the City Geologist. • c: ~~~~~~ (c) Site frontage. means the length of the front lot line. (d) .Site width means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines., (e) Site depth means the. horizontal distance from the midpoint of the front lot line to' the- ' midpoint of the rear lot line, or to the- most distant point on any other lot line where there is no .rear lot line. ' (f) Site coverage means the percentage of net site area .covered by impervious surfaces including all structures, open or enclosed, or projections of structures. 15-06.630 Slope. "Slope" means the average slope of the net site area determined by the following formula, and rounded to the nearest whole percent: Average slope is :00229 / I x L = A Where: I =Contour intervals in feet (at intervals of not more than five feet.) L =Combined length of contour lines in feet A =Net site area expressed in acres 15-06.640 Stable. "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. (a) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. (b) Commercial stable means any establishment providing services or shelter for .horses owned and used, by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding, schools, related shows, lessons, clinics and similar activities, , ' ,but not including community stables. (c) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale. 15-06.650 Storage. (a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure- and kept in connection with -such occupant's use of the premises. "Storage" does not include any area where merchandise offered for sale is on display or where retail services are otherwise being rendered, nor does the term include any area generally accessible to persons other than the occupant who may lawfully, come upon the premises. (b) "Off-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property which is not owned by the occupant of the site or structure.. 15-06.655 Story, ~ , "Story" means that portion of a building, included between the surface of any floor and the surface of the floor. next above, or if there is no floor above, then ,the space 'between the floor and the ceiling or roof next above. Basements are excluded from being considered astory., 15-06.660 Street. here-site "Street" means an existing permanent public or private right-of-way, which is used as the principal means of access to abutting properties. ' (a) Public street means a street owned and maintained by the City, the County or the State, ,including streets offered for dedication, which have been regularly maintained, or improved by the City, the County or the, State. (b) Private street means a street in private ownership and used or intended for- motor vehicle travel by the owners of the street and persons having' express or implied permission from the owners to use such street. Driveways serving four or fewer parcels are not considered streets. (c) Street line means the boundary of a street right-of-way. (d) Emergency access street. See Section 15-06.250. 15-06.670 Structure. "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes- retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence ~- ~ ~~~~" ~~~~~' ~~ ~ r~_ce not exceeding six feet in height. (a) Main structure means a structure housing the .principal use of a site or functioning as the principal use. (b) Accessory structure- means a detached structure, the use of which is subordinate -and incidental to, and customarily associated with, the main structure or the principal use of the site, and which is located on the same site as the main structure or principal use. The term includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds. ; aed 15-06.680 Subdivision Ordinance. "Subdivision- Ordinance" means the subdivision ordinance of the City as contained in Chapter 14 of this Code. ~, ~~ • 15-06.690 Swimming pool. "Swimming pool" means a pool, pond, open tank or-tub capable of containing water to a depth of two feet at any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa and hot tub. ~~~~~~ ~, L....J 15-06.700 Use. "Use" means the conduct of an activity, or the performance of a function or operation,.'on ~ site ~. or within a structure. (a) Principal use means a use, which fulfills a primary function of a household; establishment, institution or other entity, or the primary function of a site or structure. , (b) Accessory use means a use, which is subordinate and 'incidental to, ands customarily associated with, a specified principal use, and which is conducted on the sai`ne site as ,the principal use. (c) Permitted use means a use. listed by the regulations of any particular district as a permitted use within that district, and generally permitted therein as a matter of right when conducted in accord with the purposes, objectives and regulations established by this Chapter. (d) Conditional. use means a use listed by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary and conditional basis, subject to the issuance of a conditional use permit and to all other purposes,' objectives and regulations established by this Chapter. (e) Change of use means the replacement of an existing use by a new use, or'a change in the nature of an existing use; but not including a change of .ownership, tenancy, or management where the previous. nature of the use, line of business, or other function is substantially unchanged. 15-06.702 Variance • "Variance" means permission to depart from-the literal requirements of this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards, .side yards and rear yards, allowable floor area, height of structures, distance between. structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion of non-conforming structures, in accordance with the procedures and requirements set forth in this Chapter. Specific findings of fact must be made by the Planning Commission fo grant this permission, see section 15-70 of this code. 15-06.704 Vested right "Vested right" means a right that cannot be changed or altered by subsequent changes in regulation. . 15-06.710 Village. "Village" means the area of .the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as either CH-1 or CH-2. 15-06.715 Watercourse. C7 "Watercourse" means the elongated channel or depression whether natural or manmade, in which water does or may flow and may include the overflow area, if any, of such channel or depression. 15-06.720 Yard. "Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a Q'®®~~,9 specified distance, open and unobstructed except for the uses and structures otherwise permitted-aHeweefeit~-Hy the regulations, of this Chapter. (a) Yard measurement. Required yards. shall be measured as the minimum horizontal distance .from the lot line to a line parallel thereto on the site, except in the following cases: (1) Where a street line ~-p+a~tne 'is located within the site; the required yard shall be measured from such street ate instead of the lot line. (2) On a site, which is not rectangular or approximately rectangular in shape, required yards '. .shall be measured in such manner as determined by the f?fat~ring Community Development Director or as prescribed by the Planning Commission. (b) Front yard means a yard measured into a lot from the front lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the front lot line. (c) Rear yard means a yard measured into a lot from the rear lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of the lot between the side lot lines intersecting the rear lot line, provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. (d) Side yard means a yard measured into a lot from a side lot line (or such other line as may be applicable under subsection (a) of this Section), extending between the front yard and the rear yard. An exterior side yard is a side yard measured from an exterior lot line or a street or . plan line; an interior side yard is aside yard- measured from an interior lot line. 15-06.740 Zoning Map "Zoning Map" means the map- or maps that are part of the zoning ordinance and delineate fhe boundaries of zone districts. STAFF RECOMMENDATION Adopt the attached Resolution recommending that the City Council amend the Definitions Section (15-06) of the Saratoga City Code. ATTACHMENTS 1. 'Resolution C7 ~~~~~~. r ~~ ~ i• i~ Attachment 1 ®~7.i'~~ ' RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION ~ , ' STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received an application to amend various sections of Article 15-06: Definitions; and , WHEREAS, the Planning Commission held a duly noticed Public Hearing at which tune all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, information has been submitted that supports said application, and the following findings have been determined: ^ The. proposed amendments is in accord with the objective's of the Saratoga General Plan in that Land Use Policy 5.0 states, "The City shall use the design review process to assure that new construction and major additions thereto are compatible the site and-the adjacent surroundings." ^ That the proposed amendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity in that said amendments implement sound planning techniques. ^ .That the proposed amendments provide clarification and implement planning practices that protect neighborhood integrity. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the proposed amendments to various sections of Article 15-06: Definitions as detailed below. Section 2. That 15-06: Definitions is amended to read: DEFINITIONS 15-06.005 Application of definitions. The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise. 15-06.010 Abandon. "Abandon" means to cease or discontinue a use. or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging a site or structure, or during normal periods of vacation or seasonal closure; or during brief periods of •i • ~~~~~~ .discontinuance in connection with a pending sale or other transfer of ownership or management of a use or structure. 15-06.011 Abatement. ,, "Abatement" means the act of eliminating the condition that causes a nuisance: 45-06.020 Abutting. f "Abutting," means having property lines or district lines in common. 15-06.021 Access. "Access" means a way or means of approach to provide vehicular or pedestrian physical , entrance to a property. 15-06.022 Accessory Structure. "Accessory- Structure" means a structure detached from the main structure on the .lot and incidental and subordinate to the main structure or use, but not including Second Dwelling Units. 15-06.023 Accessory Use. "Accessory Use" means a use of land or a building or portion thereof incidental and subordinate. to the principal use of the lands or building and located on the same lot with the principal use: • 15-06.024 Acre. ' "Acre" means a measure of land area containing 43,560 square feet. 15-06.030 Addition. "Addition" means any construction, which increases the size of a structure in terms of site coverage, height, or gross floor area. 15-06.040 Alley. "Alley" means a service roadway providing a secondary means of public .access to abutting property and not intended for general traffic circulation. 15-06.050 Alteration. "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in relative position of structures on a site, or substantial change in the exterior appearance of any structure. • ~~C~~23 I. 15-06.051 Apartment Unit "Apartment Unit"means an independent, self-contained dwelling unit, with one or more rooms with private bath and kitchen facilities in a building containing three oc more such dwelling units.. , 15-06.052 Applicant , "Applicant" means a person submitting an application for development. Where the Applicant is not the owner of the lot that is the subject of the application for development the, Applicant shall provide the approving authority with evidence that the application for development is authorized ~ r by the owner. ~ „, 15-06.053 Application for Development "Application for Development" means the application form and all accompanying documents and exhibits required of an applicant by the approving authority for development application review purposes. 15-06.060 Approving authority. "Approving authority" means the legislative body, commission, committee or official of the City designated under the provisions of this Chapter as having the authority to approve or deny a particular type of application. 15-06.061 Appurtenances • "Appurtenances" means the visible, functional,, or ornamental objects accessory to and part of ,buildings, such as; chimneys, flagpoles, cupolas, spires, or antennas. . 15-06.061 Architectural Feature "Architectural Feature" means a prominent or significant part or element of a building, structure, or site. 15-06.062 Architectural Style "Architectural Style" means the characteristic form and detail of buildings of a particular historic architectural context or period. 15-06.070 Attached. "Attached" means anything physically connected- to a building or structure so as to become an integral part thereof. The term includes components of a structure joined together by a common wall, floor or ceiling. 15-06.080 Attic "Attic" means that part of a building that is immediately below and wholly or partially within the roof framing. ' ~~~~~~ 15-06.090. Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the ; vertical distance from grade to a finished floor directly above,such space is less than or equal to forty-two inches. (See Figure 1 a) If the finished Boor directly above the space is snore than .forty- two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area: This requirement applies to all lots, with the exception of hillside-lots. , On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space ~is more than forty-two .inches above grade shall be 'counted as floorarea and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1 b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is abasement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure; whichever is lower. The Commuriity Development Director shall make the determination for sites where it is unclear as to which is the natural .and which is the finished grade. Basements are. subject to the requirements of Section 15-80.035. 15-06.100 Bed and breakfast establishment. ' "Bed and breakfast establishment" means a structure designed as asingle-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and. ~, breakfast is served to the guests on the premises. 15-06.105 Below Market Rate Dwelling Unit: "Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in .Health and Safety Code sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. 15-06.110 Block. "Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad rights-of-way, waterways or unsubdivided land. 15-06.120 Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. • Q®~3~~5 15-06.122 Building, Main.. "Buildin main" means a buildin in which is conducted the rinci al use of the arcel and/or 9, 9 P P p building site on which it is situated. 15-06.125 Building site. ,- "Building site" means a lot, occupied or to be occupied by a main building' and- accessory, buildings, or by a dwelling and its accessory buildings, together with such open spaces as are required by the terms of this chapter and having its principal frontage on a street; road, or .highway. ~ , 15-06.130 Cabana. ~ ~ ' "Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection with use of a swimming pool. ', 15-06.140 Carport. "Carport" means an .accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all sides. 15-06.150 Clinic. "Clinic" means a facility for the medical diagnosis and treatment of outpatients.. 15-06.160 Community facility. "Community facility" means a .place, structure, area or~ other facility used for -and providing ' fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums, and golf courses. 15-06.165 Community view sheds. "Community-view sheds" means any views, which are visible-from an area, which has scenic value for the community. 15-06.170 Corral. "Corral" means an area enclosed by fencing for the keeping of horses or other livestock. ~! ~~`~~~~ 15-06.180_ Covered parking. "Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic and vegetation are riot ordinary roof coverings and cannot be used in providing a covered parking space. 15-06.185 Creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where banks do not distinguishably end, City or Santa Clara Valley Water District shall determine the top- of such banks.. 15-06.190 Day care facility. "Day care facility" means the use of a site or portion of a site for a group day care program for eight or more persons other than those resident on the site. The term includes nursery school, preschool and similar facilities. 15-06.200 Detached. • Detached means a building or structure, which is .not attached to any other building or structure. 15-06.204 Development. "Development" means, on land, in or under water, the placement or erection of any solid. material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid; or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the. Subdivision Map Act (commencing with Section 66410 of .the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such .land by a public agency for public recreational use; construction,. reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. 15-06.210 District. "District" means a portion of the City within which certain uses of land and structures are permitted; conditionally permitted, or prohibited and within which certain yards and other open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter." ~~ ~, ~~ ®®~~~ 15-06.220 Drive-through service. "Drive-through service" means a feature or characteristic of a use involving,the sales of products or provision of services to occupants in motor vehicles, including drive-in or drive-up windpws. 15-06.230 Driveway. ' « ,. Driveway means a private roadway servicing up to four parcels; the use of which is limited to persons residing oc working on the site and their visitors, which provides access to off, -street ' parking or loading spaces on the site. 15-06.240 Dwelling. ' "Dwelling" .means a permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels., motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities; constituting a separate and independent housekeeping units, occupied or. intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. ' (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, asingle-family dwelling and a lawful second unit dwelling located upon the same site shall not be deemed amulti-family dwelling. (d) Second unit dwelling, means an attached or detached residential- dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-1, or HR district where a legally created single-family dwelling is situated. Second dwelling units are not to be sold separately from the primary dwelling, but may be rented. 15-06.250 Emergency access. ~"Emergency access" means a street, which is gated or otherwise closed to regular uSe by vehicular traffic and intended for use by vehicular traffic only in the event of emergency. 15-06.255 Equestrian zone. "Equestrian zone" means an area of the City where horses may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. • • • ~'~~~~~ 15-06.260 Family. "Family" means an individual or two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each occupant has access to all parts. of the dwelling unit. A family shall be deemed to include necessary household servants. The term shall not include a group of persons occupying a hotel, motel, bed and breakfast establishment, ' nursing home, or institution of any kind. ' ,. 15-06.261 Fence. ~ ' "Fence" shall mean any structural device, other than a~ wall of a building, forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, .stake, plastic or other similar materials. 15-06.270 Financial institution. "Financial- institution" means a bank, .savings and loan association, credit union, thrift association or similar organization. 15-06.280 Floor area. Floor area means the total habitable and/or accessible floor space under roof of all floors of a building measured. to the outside surfaces of exterior walls, including halls, stairways, elevator Floor area does not include basements, exterior roof overhangs, exterior unenclosed balconies, inaccessible attic areas,- unenclosed accessory structures and unenclosed areas underneath exterior decks or balconies. The term "enclosed" as used in this section means a structure with three or more walls, or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof. shafts, ducts, service and mechanical equipment rooms, interior courts, underfloor areas with an interior height of five feet or greater, porches, verandas and similar building elemepts with a solid roof and enclosed on three or more sides, garages and enclosed accessory structures. In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at which the interior height is less than five feet. The term "interior courts" as used in this section means an area within the structure enclosed on all sides. 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street, which does not result in the creation of a nonconforming lot with respect to frontage, width or depth. If ,more than one property line of a corner lot abutting on a street can be designated as frontage without creating a nonconforming lot, then any of such property lines may be deemed the frontage. • ~Q~~~9. I 15-06.295 Game arcade.. ~, Game arcade means an establishment having more than three coin or token operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public: A game arcade may exist as either'a principal use or as an incidental use conducted by another principal use on the site. 15-06.300 Garage. "Garage" means an accessory structure or a portion of a main structure that has a permanent ~I roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles. 15-06.310 Gasoline service station. "Gasoline service station" means a place where gasoline, oil; tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used. 15-06.320 General Plan. "General Flan" means the current General Plan as adopted by the City pursuant to the requirements of the Government Code and includes, .for the purposes of this Chapter, any specific plan applicable to the site. 15-06.325 Geotechnical clearance. "Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that: (a) The applicant has identified all geological and geotechnical hazards -and constraints present on the site; (b) The applicant has evaluated those hazards and constraints identified in subsection (a) which would affect the proposed development of the site or impact adjacent properties, as required by the City Engineer and City Geotechnical Consultant; (c) The applicant has developed appropriate measures to avoid and)or mitigate those hazards and constraints .evaluated in subsection (b) to the satisfaction of the City Engineer .and City Geotechnical Consultant; (d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the application. Geotechnical clearance does not and shall not be construed as constituting an approval or entitlement of any form or type. • ~I• ~ i. 15-06.330 Guest house. "Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests, of the occupants of a dwelling whit on the same site. 15-06.340 Height of Buildings ~ , "Height of Building" means the vertical distance from the average of the highest and lowest point of the lot at the building's edge, measured from natural grade, of that portion of the lot covered by the building to the topmost point of the roof excluding appurtenances, unless otherwise specified in this chapter. The Community Development Director; through the use. of the best available information, shall determine natural grade. 15-06.341 Height of Fences, walls and hedges "Height of fences, walls and hedges" means a vertical line from the highest point. of the fence, wall ' or hedge to a point directly below at either the natural grade or the finished grade, whichever such grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the fence shall be the vertical distance measured from the top of the fence to the bottom of the retaining wall in the manner prescribed herein. 15-06.350 Home occupation. ~~ "Home occupation" means any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture of products in a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to the use of the dwelling for dwelling purposes, and in accord with the provisions of this Code. 15-06.360 Hotel. "Hotel" means a structure or portion .thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment, or similar use. 15-06.370 Impervious- surface. • "Impervious surface" means any structure or hard surface which substantially impairs the natural permeability of the soil, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces comprised of gravel, clay, bricks with sand, or concrete. ~~~~~~ 15-06.380 Institutional facility. "Institutional facility" means a place, structure or area .operated by a public or private organization or agency, used for and providing. educational, residential, 'or health care services ' to the community at large. The term includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or~colleges, Its use does not involve direct on-site sales of products or personal services. 15-06.385 Intermittent stream. "Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons. 15-06.390 Keeping; keeping for private use. (a) Keeping, in relation ,to the keeping of animals, means the harboring or maintaining possession of any animal on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupant of the site. (b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the owner of the site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire. or sale. 15-06.400 Kitchen. "Kitchen" means g room designed, intended or used for the cooking and preparation of food. 15-06.405 Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. Lightwells shall have guardrails and gates in compliance with the Uniform Building Code. 15-06.410 Loading facility. "Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which .such facility is located. The loading facility area on the site may include loading berths, aisles, .access driveways, turning and maneuvering areas, clearances and similar features, which meet the requirements established by this Chapter. ~~~~~~ p - ~ ~ ' ~ I ~ I • 15-06.420 Lot. , "Lot" means a parcel of land consisting of a single lot of record. ~ ;, (a) Lot of record means a lot which is part of a subdivision and shown 'on a map thereof as recorded in the office of the County Recorder, or a legally created parcel of land described 'by metes and bounds or shown on a .parcel map which has. been so, recorded. ~ , (b) Corner lot means a lot abutting the intersection of two or'more streets. A lot dbuttirig on a . curved street or streets shall be considered a corner lot if straight lines ,drawn from the ', ` intersections of the lot lines with the street lines meet at an' interior angle of one hundred thirty-' five degrees or less, or if the centerline of the street abutting the lot has an interior angle over , the distance of any curve of one hundred thirty-five degrees or less: ' (c) Interior lot means a lot other, than a corner lot. (d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the requirements of this .Chapter for site width. The length of a corridor access shall 6e measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. (e) Hillside lot means a lot having an average slope of ten percent or greater. , ' (f) In-fill lot means a lot surrounded by other developed. lots ' in at least three. out of four northern, southern, eastern or western directions. (g) Reversed ,corner IoY means a corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear: ' (h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel streets. 15-06.430 Lot line. "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the lot line abutting a street,, or, on a corner lot the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and .the longer dimension.is ' considered the depth, the front lot line will be the property line from which the front yard is measured. (b)-Rear lot line means the lot boundary opposite; or approximately opposite the front lot line. A lot bounded by only three lot lines will not have a rear lot line. (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. (f) The Community Development Director may assign or designate lot lines for irregular shaped parcels. 15-06.440 Repealed. • ~~~~~~. 15-06.445 Mixed Use Development. The development of a lot or building with two or more different land uses, such as residential, commercial, office or public: ' , ~ , ,15-06.450 Motel. "Motel" means hotel, as defined in Section 15-06:360. 15-06.460 Nonconforming "Nonconforming" means not in conformity with any of the regulations set forth in this Chapter. (a) Nonconforming use means a use of a structure or .site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. (b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, .reclassification, or the adoption of~ or change in zoning regulations, no longer conforms with the standards of size, coverage, yard spaces, height, distance between structures, or other regulation of this Chapter for the district in which the. structure is located. (c) Nonconforming facility means a structure or site, which conforms with the regulations of this Chapter but is used or occupied by one or more nonconforming uses. (d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconforming. (e) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other regulation of this .Chapter for the district in which the site is located. 15-06.470 Nursing home. "Nursing home" means a residential structure in which nursing,' dietary and other- personal services are rendered to six. or more convalescents; invalids or elderly persons residing at the facility, and in which surgery or other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall be deemed a nursing home. The term shall not include a so-called half-way house or rehabilitation center occupied by persons under treatment for alcoholism, drug abuse or any contagious disease. 15-06.480 Office. (a) Professional. office means a use providing professional or consulting services. (b) Administrative office means a use providing facilities for the conduct of management :and administrative functions. of a business or other enterprise. (c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners of medical • and healing arts for humans. 0®~~~4 i ~ i ~~ ~ - i. i 15-06.485 Open space. "Open space" means as defined in the Open Space Element of the General Plan': 15-06.487 Parking District "Parking District" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking for several individual properties. ~ ~, ,, , 15-06.490 Parking facility. "Parking facility"-means an area on a site or within a building, or both, .used or intended for use for parking of one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures. 15-06.495 Perennial stream. "Perennial stream" means a watercourse of persisting water flow throughout the year. ~' 15-06.500, Repealed. 15-06.510 Repealed. 15-06.516 Quasi-Public Use. "Quasi-Public use" means a use owned or operated by a nonprofit, religious, medical or charitable institution, having .the primary purpose of serving the general public and providing educational, cultural, recreational, religious, or similar types of programs. 15-06.520 Property line. "Property line" means lot line, as defined in Section 5-06.430. • ~~~~~~ 15-06.525 Protected creek. I ' ' ' "Protected creek" means any creek identified in the most recently available Maps of Flood Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara Valley Water District, and as may. be amended from time to time. 15-06.530 Recreational court. "Recreational court" means any planked, paved or otherwise hard. surfaced outdoor area used primarily for' athletic activities, other than swimming pools; and including, buf not limited to, courts for tennis, racquetball, paddle ball, squash, basketball, and similar activities. 15-06.540 Religious institution. "Religious institution" means a use providing facilities for organized religious worship and religious education and other activities incidental thereto. A property tax exemption obtained ,pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes prima .facie. evidence that such use is a religious institution. 15-06.550 Restaurant: "Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for 'immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order. cafe, luncheonette, tavern, bar, soda fountain or dining room. 15-06.557 Restriction. "Restriction" means a limitation on property that may be created in a property deed; lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use- having more than seventy-five percent of the gross floor area used for display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. ~~~~~ i i, - 15-06.570 Right-of-way. "Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, ' road or alley, or to provide pedestrian or equestrian access, or public utility service, or any .combination thereof, and includes all and any part of the entire width or .other area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, .alley, pedestrian, equestrian or utility. purposes. "Right-of-way" includes access, .pedestrian, equestrian and utility easements. (a) Public right-of-way means aright-of-way owned by the City or any other public entity or ~ ~, public utility. (b) Private right-of-way means aright-of-way owned by and for the benefit of one or more persons, including aright-of-way offered for dedication to '.the-City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity. (c) Railroad right-of-way means a strip of land on which railroad tracks,, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities. 15-06.575 Repealed. 15-06.580-Repealed. 15-06.585 Service establishment. "Service establishment" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair or maintenance of personal effects and not primarily for the sale of goods or merchandise. 15-06.587 Setback. "Setback" means the minimum distance between the structure and any lot line. 15-06.590 Setback line. "Setback line" means a line that is located at the required minimum distance from any lot line, which establishes area within which the principal structure, a fence or a wall greater than six (6) feet, and certain enclosed accessory structures listed in Section 15-80.030(d) must be erected or placed. • ~QQ~~`7 ~ 1( I I ~I 15-06.600 Shopping center.. " ho in center" means a rou of five or more retail service establishments, planned, S pp g 9 p developed, owned or managed as a unit, with off-street parking provided on the site.: 15-06.565 Sight Triangle ~ ' "Sight triangle" means atriangular-shaped portion of land established at street intersectibns pursuant to Section 15-29.010(e) in which nothing is erected, placed, or .planted tir allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving -the intersection. 15-06.610 Sign. See Section 15-30.020 in this Chapter for definition of sign, sign area, sign ,height, sign program, illuminated sign, free standing sign, portable sign, identification sign, Construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate sign, special event sign and subdivision sign. 15-06.620 Site. "Site" means a lot, as defined in Section 15-06.420. (a) Gross site area. means the total horizontal area included within the property lines of a single site. (b) Net site area means that portion of gross site area remaining after deducting therefrom the following: (1) Any portion of a site within the right-of-way of an existing public or private street, road or access easement, except an emergency access street. (2) Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map. (3) The portion of a flag lot constituting the access corridor lying between the front lot line and the frontage line of the corridor at the street. (4) Any portion of a site within an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by the City Geologist as "Md" or "Mrf;" and (6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical analysis approved by the City Geologist. (c) Site frontage means the length of the front lot line. (d) Site width means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines. (e) -Site depth means the horizontal distance from the midpoint of the front lot line to the- midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. (f) Site coverage- means the percentage of riet site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. ~'®~~~8 ~~~ 15-06.630 Slope. ~ ~ "Slope" means the average slope of the net site area determined by the- following formula, and ' , rounded to the nearest whole percent: ~ ' Average slope is .00229 / I x L = A Where: I =~ Contour intervals in feet (at intervals of not more than five feet.) ~ ~ ~, L =Combined length of contour lines'in feet A =Net site area expressed in acres 15-06.640 Stable. "Stable" means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. , (a) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. (b) Commercial stable means any establishment providing services or shelter fbr horses owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables. (c) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale. , 15-06.650 Storage. ' (a) "On-site storage" means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure and kept in connection. with such occupant's use of the premises. "Storage" does not include any area where merchandise offered for sale is on display or where retail services ,are otherwise being rendered,' nor does .the term include any area generally accessible to persons other than the occupant who may lawfully come upon the premises. (b) "Off-site storage" means the .use of a site or structure., or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property which is not owned by the occupant of the site or structure. 15-06.655 Story. "Story" means that portion of a building included between the surface of any floor and the .. surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story. • ~~~~~~ :. ;. 15-06:660 Street. "Street" means an existing permanent public or private right=of-way, .which is used as the principal means of access to abutting properties. (a) Public street means a street owned and, maintained by the City, the County or the State, including streets offered for dedication, which have been regularly maintained or improved by the City, the County or the State. ' (b) Private street means a street in private ownership and used or .intended fdr motor vehicle travel by the owners of the street and persons having express or implied permission from the .owners to use such street. Driveways serving four or fewer parcels are not considered streets. (c) Street line means the boundary of a street right-of-way. (d) Emergency access street. ,See Section 15-06.250. 15-06.670 Structure. "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or -any piece of work artificially built up or composed of parts. joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as :the principal use. (b) Accessory structure means a detached structure, the use of which is subordinate and incidental to, and customarily associated with, the main structure or the principal use of the site; and which is located on the same site as the main structure or principal use. The term includes, but is not limited to, detached garages or carports, cabanas, gazebos, arbors, sheds. 15-06.680 Subdivision .Ordinance. "Subdivision Ordinance" means the subdivision ordinance of the City as contained in Chapter 14 of this Code. 15-06.690 Swimming pool. "Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa, and hot tub. 15-06.700 Use. "Use" means the conduct of an activity, or the performance of a function or operation, on a site or within a structure. (a) Principal use means. a use, which fulfills a `primary function of a household, establishment, institution or other entity, or the primary function of a site or structure. (b) .Accessory use means a use, which is subordinate and incidental to, and customarily associated with, a specified principal use, and which is conducted on the same site as the principal use. „ •, ~~~~~~ 't z ~~ ~ .. (c) Permitted use means a use listed by the regulations of ariy particular district as a permitted ~' use within that district, and generally permitted therein as a matter of right when conducted in accord with the purposes; objectives and regulations established by this Chapter. (d) Conditional use means a use listed by .the regulations of any particular district as' a conditional use within that district, and aNowable therein solely on a discretionary and conditional basis, subject to the. issuance of a conditional use permit and to all other purposes, objectives and regulations established by this Chapter. ~ , (e) Change of use means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged.. 15-06.702 Variance r "Variance" means permission to depart from the literal requirements of this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards, side yards and rear yards, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion of non-conforming structures, in accordance with the procedures and requirements set forth in this Chapter. Specific findings of fact must be made by the Planning Commission to grant this permission, see section 15-70 of this code. 15-06.704 Vested right "Vested right" means a right that cannot be changed or altered by subsequent changes in •, regulation. 15-06.710 Village. "Village" means the area of the City subject to the Saratoga Village Specific Plan, as adopted by the City on May 18, 1988, and classified pursuant to this Chapter as.either CH-1 or CH-2. 15-06.715 Watercourse. "Watercourse" means the elongated channel or depression whether natural or manmade, in which water does or may flow and may include the overflow area, if any, of such channel or depression: . 15-06.720 Yard. "Yard" means an area within a lot, adjoining and measured from a lot, street or plan line for a specified distance, open and unobstructed except for the uses and structures otherwise permitted the regulations of this Chapter (a) Yard measurement. Required yards shall be measured as the minimum horizontal distance from the lot line to a line parallel thereto on the site, except in the following cases: . (1) Where a street line is located within the site, the required yard shall be measured from such street instead of the lot line. i~ ~~ ®~®~1. r ., ~~ 'l ' ~> (2) On a site, which is not rectangular or approximately rectangular in shape, required yards , shall be measured in such manner as determined by the Community .Development Director or , as prescribed by the Planning Commission. , (b) Front yard means a yard measured into a lot from the front lot line (or' such other line ~S may ' be applicable under subsection (a) of this Section), 'extending the fu11 width of the lot between the side lot lines intersecting the front lot line. (c) Rear yard means a yard measured into a lot from the rear~lot line (or such other line as may be applicable under subsection (a) of this Section), extending the full width of~'the lot between -the side lot lines intersecting the rear lot line, provided that for lots having no defined rear lot ~ , line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. , (d) Side yard means a yard measured into a lot from a side lot line (or such -other line as may be applicable under subsection (a) of this Section),'extending between the front yard and the rear yard. An exterior side, yard is a side yard measured from an exterior lot line or a street or plan, line; an interior side yard is a side yard measured from an interior lot line. 15-06.740 Zoning Map "Zoning Map" means the map or maps that are part of the zoning ordinance-.and delineate the boundaries of zone districts. , PASSED AND ADOPTED by the City of Saratoga Planning Commission; State of California, on September 24, 2003 by the following roll call vote: , Ass: . NOES: ~ ' ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission • ~~~~~~