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09-08-2004 Planning Commission Packet
CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, September 8, 2004 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Susie Nagpal, Linda Rodgers, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Mohammad Garakani ABSENT: None STAFF: Planners Livingstone ~z Ooosterhous, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of August 25, 2004. (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 taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staf f. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 2, 2004. 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. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #04-161 (397-15-018, 397-14-022, 397-13-030) Verizon Wireless, West Valley College 14000 Fruitvale Avenue; The applicant requests use permit approval to install an emergency generator at the location of an approved wireless facility located on the West Valley College campus. The college campus is located within an R-1-40,000 zoning district. Several wireless carriers are located at this site. The emergency generator will be placed on the ground at the northeast corner of the theater building with other equipment cabinets and equipment approved in the Spring of 2004. Modifications to the original use permit approval also include the following: l) increasing the lease area from 12' x 25' to 15' x 25' (a total increase in area of 75 square feet); and 2) enclosing the lease area with an 8-foot chain link fence. (CHRISTY OosTERxovs) (APPROVED 7-0) 2. APPLICATION #04-168 (517-22-003) - Borelli, 20200 Hill Avenue; -Request for Modification of Building Plans and Development Conditions to the previously approved new one story house. The minor modifications include changes to the floor plan, height and design. The proposed building footprint will remain in approximately the same location. The proposed floor area will remain the same at approximately 7,402 square feet including athree-car garage. The 3,086 square foot basement will also remain the same. The maximum building height of the residence will not exceed 26 feet. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40,000. (JoI-IN LIVINCSTONE) (APPROVED 5-2, GARAKANI ~ HUNTER OPPOSED) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on July 21, 2004 and minutes from Special Meetings on August9, 2004, August 11, 2004, August 16, 2004 and August 18, 2004 ADJOURNMENT AT 7:55 PM TO THE STUDY SESSION - Wednesday, September 22, 2004 at 5:00 p.m, in the Saratoga Senior Center 19655 Allendale Avenue, Saratoga, CA Incompliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerh at (408) 868-1269 or ctclerh@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to mahe reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on September 2, 2004 at the of fice of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us If you would like to receive the Agenda's via e-mail, please send your a-mail address to planning@saratoga.ca.us CITY OF SARATOGA PLANNING COMMISSION • SITE VISIT AGENDA DATE: Tuesday, September 7, 2004 -12:00 noon PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR WEDNESDAY, SEPTEMBER 8, 2004 • ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #04-161 - VERIZON WIRELESS Item 1 14000 Fruitvale Avenue 2. Application #04-168 - BORELLI Item 2 20200 Hill Avenue 3. Application #04-178 - HEIKALI 14410 &t 14416 Big Basin Way~~ '""The Planning Commission will conduct a site visit and hold a brief Study Session at the site regarding this project. SITE VISIT COMMITTEE The Site Visit 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. It is encouraged for the applicant and/or owner to be present 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 ,• STUDY SESSION AGENDA DATE: Wednesday, September 8, 2004, 5:00 p.m. PLACE: St. Michael's Serbian Church,18930 Allendale Avenue, Saratoga, CA TYPE: Adjourned Regular Meeting ROLL CALL REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 2, 2004 STUDY SESSION AGENDA APPLICATION #03-259 (397-O1-014) St. Archangel Michael Serbian Orthodox Church c/o Nenad Vuckicevic 18870 Allendale Ave -The applicant requests design review and conditional use approval to construct a 52 foot high church on the 3.1 acre property which is • zoned R-1, 20,000. The parcel is classified as Quasi-Public Facility in the General Plan. The church adds approximately 4,926 square feet of floor area to the existing 13,473 square feet on the lot. The parkmg plan calls for 81 parkmg spaces on pervious concrete. The study session is an information meeting for the Planning Commission to get their questions about the project answered and for the Planning Commission to express any issues or concerns that they may have regarding the proposal so that the applicant can revise the plans and address their concerns prior to the hearing. Also, the study session will allow the applicant to have feedback from the Commission prior to finalizing their proposal. No decision will be made at this meeting. ADJOURNMENT TO REGULAR PLANNING COMMISSION MEETING - Wednesday, September 8, 2004, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA n U STUDY SESSION • PLANNING COMMISSION STUDY SESSION EXECUTIVE SUMMARY Topic: St. Archangel Michael's Serbian Orthodox Church- Design Review and Conditional Use Permit Application to construct a new church. Application #03-259 -18870 Allendale Avenue - APN: 391-1-14 The study session on the proposed construction of a new church on the above noted property is called to review the plans and materials provided by the applicant. The reports and plans to be discussed are identified below. 1. Exhibit "A" -Sheets 1 through 7. Cover Sheet, Existing Conditions Plan, Site Plan, Church Floor and Roof Plans, Church Elevations, Cross Sections, Grading and Drainage Plan. • The draft plans depict a church of approximately 5,000 square feet. The existing square footage on the property is 13,473 square feet. The ridge of the roofline is at 33 feet with a bell tower dome rising to 44 feet and a central dome rising to 52 feet in height. A 300 seat church is proposed with 81 parking spaces. In order to meet the impervious coverage limits, the applicant proposes a pervious parking lot of porous paving. 2. Photo simulations of the proposed Church. • Three views of the church are provided in a photo simulation of the church as viewed along Allendale Avenue. 3. Report from County Sheriff's Office prepared by Sgt. Bill Tait dated May 27, 2004. - Historical Activity for 18870 Allendale Avenue. • In response to comments from neighbors, a report was prepared by the County Sheriffs department. The report concludes that there has been no adverse activity at this location for the three-year period from 2002, through 2004. 4. Arborist Report - prepared by David Babby Dated November 30, 2004 5. Description of Church Activity prepared by Gerry De Young of Ruth ~ Going, Inc. 6. Santa Clara County Fire Department Report -prepared by Wayne Hokanson dated 12/10/03. ©~~~1. September 8, 2004 7. Correspondence from Neighbors • • Staff has received numerous e-mails and letters regarding the proposed church. The majority of the comments are from neighbors opposed to the construction. Attachments: 1. Report from County Sheriff's Office 2. Arborist Report - prepared by David Babby 3. Description of Church Activity 4. Santa Clara County Fire Department Report 5. Correspondence from Neighbors 6. Photo simulations 7. Plans prepared by Ruth ~St Going dated 5/02/04 Prepared by Associate Planner: Ann Welsh, AICP ~~ • ®O()0~2 • Attachment 1 ~~ L_J ~OQO~~ OFFICE OF THE SHERIFF SANTA CLARA COUNTY LAURIE SMITH, SHERIFF MEMORANDUM TO: Dave Anderson, City Manager-City of Saratoga FROM: Sgt. Bill Tait SUBJECT: Historical Activity for 18870 Allendale DATE: May 27, 2004 Sir; Attached is a printout of Sheriff s Office activity for the Serbian church located at 18870 Allendale, Saratoga. There appears to be no adverse activity at this location for the three-year period. RECEIVED MAY 2 7 2004 CITY OF SARATOGA • C7 y 4 ~ ~ n r ~ ~ ~ ~ r 00 ~ ~ ~ ~ ~ O O ~ O N N N N d o D ~ n e'* f D V ~ 01 Q1 W O O ~ " N b ~ ~ ~1 ~ O N C C ~ ! 0 ~ N ~ ~ ~ O n n - • n s ~. N iCl1 rt n n ~ -; ~ ~ c c fD ~ ~ '~ ~ 1 ~ C rr ' O n N y ~ ~ ~ ~ ~ a V V V V O O O O a a a F m m m m N z z z z v v v v r r r r rt m m m m ~~ D D D D~ ~ ~ „a, T ~ O F+ F+ F+ N T X z Z zl~ fD !') ~ o o v c~n 70 ~ 3 vi \ ~ m r ~°~~ 0 c~ N O A VDU®05 n d fD 0 v c~ J 0 N m ~D N N N O O A ~ ~ r ~ ~ ~ d O O C W W W D o ~ v t0 ~ ' O D ~' N ~ ry N ~ ? C (D 7 f`1 O O ~ ~ ~ Q co Da ~ ~ ~ a 0 0 0 D D D r r r °D °D °v r r r rn m m n D D D ~+ r ~ X Z ~ V r Z n ~ O O ~ ~ ~ N r-r O cfl • N O • • 07 ~D O Q N N J O N cc c~ ~~ w N oO A ~ ~ ~ N N N 0 ~ ~ ~ O! N BOA ~ D Fr+ W VOI fD D ~ ~ ~. ~ r ~ r C ~ ~ 7 fD C . ~ ~ ~ O O O (gyp D D D ~1 ~F~N D°a°D~ m rn ~n D D D n r r r Z X Z N O -A cu ao z Ocrn~ ~~~ o~,~ a~^°~~ N ~ iii"~~~ D rn ®®~®Q !, Attachment 2 • ©®~®o~ RESOURCES . ARB ~tofaastona~ d~t~otiauttuta~ eonsuttin9 ~ ~saa Bata A TREE INVENTORY AND REVIEW OF THE PROPOSED CHURCH AND PARING LOT AT ST. ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH 18870 ALLENDALE AVENUE SARATOGA, CALIFORNIA OWNER'S NAME: SERBIAN ORTHODOX CHURCH APPLICATION #: 03-259 APN: 391-01-014 • Submitted to: Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered ConsultingArborist #399 Certified Arborist #N'E-4001A • November 30, 2003 P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ~®~~0;~ • • David L. Bobby, Registered Consulting Arborist November 30, 2003 SUNIMARY The proposed project exposes 24 trees regulated by City Ordinance to potential damage. All trees are planned for retention. Plan revisions are necessary to the pazking lot beneath tree #23's canopy, the eastern portion of the detention/retention pond, and the bubbler and pipe beneath tree #5's canopy. Additional recommendations are provided within the report to minimize the anticipated damage to trees. A bond amount of $22,670 is recommended for compliance to these recommendations. INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with constructing a new Church and pazking lot at 18870 Allendale Avenue, Sazatoga. This report presents my findings; provides mitigation for trees being damaged; identifies each tree's condition, species, size and suitability for preservation; and presents tree appraisal values. Data compiled for each inventoried tree is presented on the table attached to this report. Plans reviewed for this report include sheets 2, 3 and 7 (Ruth & Going, Inc.) and sheets 4, 5 and 6 (CJK Design Group). The trees' locations, numbers and canopy perimeters, as well as the recommended tree protection fencing locations are shown on an attached copy of the Grading and Drainage Plan (sheet 7, dated 11/17/03). Note tree #14 is shown on sheet 2 but not on other sheets. Its location was added to the attached plan. FINDINGS The proposed project exposes 24 trees regulated by City Ordinance to development impacts. They include 9 Coast Live Oaks (Quercus agrifolia), 2 Coast Redwoods (Sequoia sempervirens), 1 Douglas Fir (Pseudotsuga menziesii), 6 Italian Stone Pines (Pinus pinea), 2 Monterey Pines (Pinus radiata), 1 Olive Tree (Oleo europaea), 2 Scazlet Oaks (Quercus coccinea) and 1 Scotch Pine (Pinus sylvestris). There is a row of 43 Italian Stone Pines located along the existing western property boundary. They range in trunk diameter from an estimated 8 to 24 inches. They were not St. Archangel Michael Serbian Orthodox Church; 18870 Allendale Avenue, Saratoga Page 1 of 4 City of Saratoga Community Development Department ®®0010 • David L. Babby, Registered Consu/hng Arborist November 30, 2003 • individually inventoried as they appear to be an adequate distance from the construction project. However, protection fencing is necessary as they are exposed to potential damage. Tree #5 is at risk of being damaged by installing the bubbler and pipe beneath its canopy. I suggest the bubbler and pipe location is revised to be no closer than 12 feet from tree #5's trunk and 20 feet from #6's trunk. The eastern portion of the detention/retention pond must be reduced in size away from the eastern property boundary by 35 feet. This will help minimize impacts to trees #6, 8, 9 and 10. The proposed parking lot will adversely impact tree #23. I suggest the parking is designed no closer than 10 feet from its trunk. RECOMIlVIENDATIONS All recommendations presented below are intended to mitigate foreseeable damage from implementing the project as proposed. Modifications to the current plans may necessitate their revision. 1. Tree protection fencing must be installed prior to any demolition, surface scraping, . grading or heavy equipment arriving on site. It shall be located as shown on the attached plan and be comprised of five- to six-foot high chain link mounted on two- inch diameter steel posts, driven 18 inches into the ground and spaced no more than 12 feet apart. Once established, the fencing must remain undisturbed and maintained throughout the construction process until final inspection. Fencing established on asphalt can be properly supported by placing the posts into a concrete base. 2. Where beneath canopies, fencing should be established no further than one-foot from existing and future pavement, one-foot from the edge of the detention/retention pond and eight feet from the proposed building. 3. Fencing beneath tree canopies # 1 and 2 is required in two phases, demolition and construction. The demolition phase involves placing the fencing within one-foot from the existing pavement. The construction phase involves expanding the fencing to the canopy perimeters within one-foot from the future pavement edge. This must occur immediately following removal of the existing asphalt. 4. Great care must be taken by the equipment operator assigned to remove asphalt from beneath tree canopies # 1 and 2 (even though the asphalt is outside the protection fencing). During the process, only the asphalt itself shall be lifted off the soil. No soil shall be excavated or scraped during the process. • 5. All construction activities must be conducted outside fenced areas (even after fencing is removed). These activities include, but are not limited to, the following: grading, St. Archangel Michael Serbian Orthodox Church; 18870 Allendale Avenue, Saratoga Page 2 of 4 City ojSaratoga Community Development Department ~®O®~~ • • David L. Babby, Registered Consulting Arborist November 30, 2003 surface scraping, clearing/grubbing, trenching, storage and dumping of materials • (including soil fill), and equipment/vehicle operation and parking. 6. The swale proposed beneath tree canopies #1 and 2 must be established within one-foot of the future pavement edge. 7. The proposed bubbler and pipe must be redesigned to be no closer than 12 feet from tree #5's trunk and 20 feet from #6's trunk. The trench must be dug using hand tools and all roots two inches and greater in diameter retained and tunneled beneath. 8. The pazking lot should be designed no closer than 10 feet from tree #23's trunk. 9. The eastern portion of the detention/retention pond must be reduced away from the eastern property boundary by 35 feet. 10. Tree #14's location should be integrated into all plans showing trees. 11. Unless otherwise approved, no grading or trenching shall occur beneath the actual, on- site tree canopies (their widths are shown on the attached table). 12. From March thru September, supplemental water must be supplied to trees #1-5, 23 and 24 each month. The suggested application rate is 10-gallons per inch of trunk diameter applied by soaker hoses placed on the existing soil surface beneath the mid- • to outer-canopy. 13. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site which allows Herbicides and pesticides used beneath handscape must trees. drainage beneath canopies. be labeled for safe use neaz 14. All pruning must be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to standards established by the ISA. Information regarding Certified Arborists in the azea can be obtained by refemng to the following website: http: //www. isa-arbor. com/arborists/arbsearch. html. 15. The root collazs (defined by a distinct swelling at the base of trunks) of trees #1 and 2 must be cleared to minimize the risk of infection by various root rot diseases. The procedure must be performed by either a tree company or landscape contractor familiaz with the process. Damage to the trunk must not occur during digging. 16. All walkways and patios proposed beneath tree canopies must be installed on top of existing grade without causing soil cuts. This will apply to the eastern portion of walkway that encircles the Church. 17. The landscape design (including planting and irrigation) should be reviewed by the • City prior to implementation. St. Archangel Michael Serbian Orthodax Church; 18870 Allendale Avenue, Saratoga Page 3 of 4 City of Saratoga Community Development Department Q®~~~2 • David L. Bobby, Registered Consulting Arborist November 30, 2003 18. Stones, mulch or other landscape features must be placed no closer than one-foot from the base of trunks. 19. Irrigation trenches proposed within the fenced areas and parallel to the trunk, should be placed no closer than 15 times the trunk diameter. Irrigation trenches installed radial to the trunk can be placed no closer than 5 times the trunk diameter and at least 10 feet apart at the canopy's perimeter. 20. Irrigation beneath Oak canopies must consist of a drip type system. No irrigation shall spray beneath Oak canopies or come into contact with trunks of other trees. 21. Lawn must not be installed beneath Oak canopies. Plant material must be of low water use and comprise no more than 20-percent of the dripline. A publication of compatible plants can be obtained from the California Oak Foundation at 510/763-0282, or a-mail: oakstaff@californiaoaks. org. 22. Bender board shall not be installed nor should rototilling occur within the fenced areas. 23. All pathways, patios and other landscape features proposed beneath canopies must be established on existing grade without grading cuts or root cutting. . TREE PROTECTION BOND The combined value of inventoried trees is $90,680. To encourage compliance to recommendations within this report, I suggest a 25% bond which equals $22,670. The appraised tree values are presented on the attached Tree Inventory Table. These values were calculated in accordance with the Guide for Plant Appraisal, 9`j` Edition, International Society of Arboriculture, 2000. Attachments: Tree Inventory Table Copy of Grading and Drainage Plan • St. Archangel Michael Serbian Orthodox Church; 18870 Allendale Avenue, Saratoga Page 4 of 4 City of Saratoga Community Development Department O®O®g3 ~.y • ' - p-.. ARBO~ RESOURCES - - ~iOfES4L01LRL ~LDO'CLaU.L~IItQL C~0/21U.~ttn9 & ~t6C (~[it6 TREE INVENTORY TABLE ,. ~ .. '~ ~ ~ 3 o 3 ~' i .. ~~ ° a ~ ,~ ~ . ~ . ~_ ib ~$ ~ b ~° ~~ a ~ ~ o ~ a ~~ o ~a " '^ ~ ~ ~ o ~ ~ ~ TREE .. A '~ ~ ~ ~_ ~ ~ ~ U ~~ '~ $ ~~ ~ ~ ~ ~ as .~ ~ ~~ °' ~~ ~~ C~ Q NO. TREE NAME ~ ~ ' ~ ~ .. Coast Live (J&K I I - I I I ° I ° I I I I - I I 1 (Quencus agrijolia) 31 50 70 75 /0 25 /o Fair Moderate 4 511,200 Coast Live Oak 2 ( e-rus a ' olio) 33 - 50 65 100% 50% Good Hi 4 - 520,900 Scarlet Oak 3 er+cus coccinea 10 - 30 30 100% 75% Good Moderate 3 - 51,560 Scarlet Oak 4 ( e~+cus coccinea) 13.5 - 35 40 l00% 50% Good Moderate 3 - 52,160 Scotch Pine (Pimes Ivestris 17.5 - 40 35 100% 50% Good Moderate 2 - S3, Coast Live Oak 7 ( uer+cus a ' olio 11.5 - 25 25 75% 25% Fair Moderate 4 - 51,320 Coast Live Oak g ( e-rus a 'olio) 11 8 15 35 100% 50% Good Moderate 3 - 51,890 Coast Live Oak 9 ercus a 'olio) 15.5 - 30 45 75% 25% Fair Moderate 3 - 52,130 Coast Live Oak 10 uencus a 'olio) 17 - 20 50 75% 25% Fair Moderate 3 - 52,500 Italian Stone Pine 11 (Pinus inea) 13.5 - 20 45 75% 25% Fair Moderate 4 - 5810 Italian Stone Pine 12 (Pinus inea) 15 - 20 30 75% 25% Fair Moderate 4 - 5950 Coast Live Oak 13 ( uerrus a 'olio) 18 - 25 40 75% 25% Fair Moderate 3 - 52,760 Italian Stone Pine 14 (Pinus inea) 19 - 25 50 75% 25% Fair Moderate 3 - 51,400 lb: lta76ABe>~eAraur~ Som. PrePood fit. ab ol~~s° h ~P~ lkpmbo~t Novnw6a 3®'U~4 Ae~jj: D~rilL Bab~j, RCA ~: ' ARBO~ RESOURCES ~ - Jnr- sofisslonae o~s~otlaut~usa~ eonsuetln9 ~' ~saa easy TREE INVENTORY TABLE .. ~ .. '~ -- ~ 3 ~ 3 ~ ~ ~~ 3 ~ . ~ H , ~ ~, ~ ~~ ~ $ ~ ~' b ~b\g ~ c a o o ~'S .~ ~ ~ ~ .~ ~ ..~ ~ ~ TRF~ A ~ ~ ~ o ~ ~ ~ 'b ~ ~~ ~ ~' ~ ~ ~ ~' a NO. TREE NAME ~ ' ~ ~~ Italian Stone Pine I I - I I I ° I ° I I I I - I I 15 (Pines pinea) 12 25 40 75 /0 25 /o Fair Moderate 4 5680 Italian Stone Pine 16 (Pines inea 23 - 25 60 75% 25% Fair Moderate 4 - 51,970 Italian Stone Pine 17 (Pines inea) 16 - 25 40 75% 25% Fair Moderate 4 - S1,050 Coast Live Oak lg enyus a 'olio) 13 - 25 30 100% 50% Good Hi 5 - S2,390 Monterey Pine 21 (Pines mdiam) 21 - 35 40 75% 100% Good Moderate 5 - 51,440 Monterey Pine 22 (Pines rodiaw 22 - 40 50 50% 100% Good Modernte 5 - 51,230 Coast Redwood 23 Se oia seen rvirens) 17 - 35 20 75% 100% Good Moderate 2 - 54,500 Coast Redwood 24 (Se oia sem rvirens) 31.5 - 50 30 100% 100% Good Hi 3 - S16,200 • Job: Idd7iglkwddcAvawy So~araao P-iNdler: Ciq ojSo~p Corwiwrti[y Devdopwrrnt Depoasa~t Prgsdh: D~rldL Bobby, RG! N~'L1~1J~5 3nN3ny ~ _ ~ 31bpN311y ~t s _-~ '_,~_ - ~ s { ~ _ .~ ~ ~-.:- ~~ ^~ §§ u .ySS R E . ~ U A ~ 8 ~~ o i e 4 O r ~H f d U ~~~ +~1 . ~ ~ r 1 ~~ ~ :~~ ~ w ,' ~~~' I ~ I Jb • ' 1 ~~ i ~ ~~ ~ , o ~ n ~~ n o ~~ ~ r o ~ , _~ ~ ~ $ ~ ~ N ~ ~ . 00! ~ Q b~ rl ` ~ ° ` M o (~ c i ( J , ~ ~ i, x ~ ~~ ~ U rl W r ~ 0 T C ~ ~ H ~ a a ~ Lj ~\ ~ ~ e /~ ~,. ~ ~ ~ ~ N ~ ~ ~~ F ~ ~ I ("y j U ~~y a q x~ ~~ o~ ~ a r as ~ s a ~` ' 66 Py ~' \ '' `~ ~ .i •i •i ®®~®~6 • Attachment 3 • R-G • Ruth and Going, I Engineering May 20, 2004 Planning Ms. Ann Welsh Mailing Address: Assistant Planner P.o. Box 2s4so City of Saratoga San Jose CA 95159-6460 13777 Fruitvale Ave Saratoga, CA 95070 2216 The Alameda Santa Clara RE: St Archangel Michael Serbian Church Use Permit ca 95050 Ph: (408) 236-2400 Fax: (408) 236-2410 Dear Ann: Enclosed are three copies of a revised plan set. This plan set has been revised to incorporate comments received after your review of the initial filing. Primarily the plan revisions respond to comments regarding the Grading and Drainage plan, as well as the City's arborist comments to the plan. I've not included the architectural plans in the set as they have not changed since the original submittal. In addition to transmitting the plans, I want to provide you with additional information regarding the operation of the Church that may be useful to your traffic consultant. The Church has compiled information regarding the average attendance levels at the various activities that occur during a typical week. Beginning with the Sunday morning (10:00 - 11:30 am) service about 100 people are on the site during the Liturgy (worship service). Following Liturgy a number of staggered activities occur throughout the day, including Church school classes for children, the serving of lunch, language and, history classes, Adult Bible Studies, youth dance practice and, once a month, a meeting of the Board of Directors of the Church. The number of individuals attending these activities fluctuates but does not exceed about 50, except for lunch which can have as many a 80 people. These activities occur throughout the day ending by 5:00 pm. During the week, the activity level is very low. Almost all activities occur in the evening between 6:00 and 9:00 pm. The greatest number of people attending is usually for the Mens Club activity, or Youth fellowship averaging attendance of about 40 in total. Other weeknight activities may include Vespers, Choir Practice, • ~4®418 R+G Ruth end Going, Inc. and Auxiliary Group meetings. As with the Sunday activities, these are staggered throughout the evening. Activities on Saturday are primarily center on children's activities including games, library time and Spiritual talks. Again the level of the activity varies, however, the average attendance is roughly 20 children. With regard to the availability of parking, the Church is gathering information about the average number of vehicles parked on the site during the various activities. They indicated that during their recent Easter service (their peak attendance event) all cars were parked on the site; none were parked on the surrounding streets. I trust that the neighbors will concur with this observation. In addition to weekly activities the Church, like other Churches, has a limited number of Special Events. These events celebrate the spiritual and cultural heritage of the Church and it's members. The average attendance at these events is approximately 200 people, with two of these events (Easter Liturgy and Christmas Eve Program) attracting up to 350 people. Given the size of these events, the Church proposes to develop a Parking Management Program for City approval as part of the Conditional Use Permit. We would like to work with your traffic consultant to develop this program. I hope that this information will be useful in assessing the effect of traffic on the neighborhood. I would anticipate that the traffic consultant will undertake traffic counts to determine the existing traffic conditions in the area. Should the consultant require any additional information about the Churches current activity levels please either have them contact me directly, or through you. 4s"~a Gerry De Young On behalf of St Michael Serbian Church cc: Jan Ivancovich w/encl. (~®U~~9 • Attachment 4 • 00®®20 c~~+ c ~P ~r'~ m~ ~~ • coumsv a wrv~a CODEI8EC. ~ sNEeT .strict ~licy 2.2.2 FIRE DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 ! (408) 378-9342 (fax) • www.sccfd.org PLI-N REVIEW NUMBER 03 2637 BLDfi PERMR NUMBER coNrRDLNUwBER FlLE NUMBER 03-259 DEVELOPMENT REVIEW COMMENTS No.l REOUIREIAENr 5 Fire Hydrant Location Identifier. Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the fire department. 1.4.2 =C s 2.4 Fire A,pvaratus (En¢ine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications sheet A-1. Note: The proposed roadway on-site appears to comply with the standards. Thank you. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standard Details and Specification A-6 and Local Government Standards. Fire Department Kev B~quired: The building shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire Department Standard Detail and Specification sheet K-1. At time of final inspection, access keys shall be provided to the fire department. City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE Appllc~ntWm~ DATE PAGE ['G ^ ^ ^ ^ ^ RUTH + GOING INC 12/10/2003 2 OF 2; CJFLOOR AREA LOAD DESCRIPTION BY Commercial Development Hokanson, Wayne \1!'QF PROJECT LOCATION ST ARCHANGEL MICHAEL ORTH CHURCH 118870 Allendale Av Organized as the Santa Clara County Central Fire Protection District Serving Santo Clara County and the communities of Campbell, Cupertino, Las Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga ©VO~ • Attachment 5 • ~~®®~~ 4/2/04 Page 2 of 4 . -----Original Message----- From: Ted Macauley [mailto:tmacauley@accountingpartners.com] Sent: Saturday, April 03, 2004 9:26 PM To: Ann Waltonsmith; kk2king@comcast.net; sbogosian@aol.com; kline@caspr.com; nstreit@cpa- online.com; drebarry@aol.com Cc: Ann Welsh; stephlmacauley@comcast.net; tmacauley@accountingpartners.com Subject: Serbian Orthodox Church St. Archangel Michael My wife and I grew up and currently reside in Saratoga and have recently become aware of plans submited by the Serbian Orthodox Church of Saratoga to rebuild its church. We are deeply concerned about what they have presented and are vehemently opposed to this construction. I am forwarding you a copy of the letter that we will be delivering to the community with the assumption that you have already seen the plans and pictures of the proposed structure. I would welcome the opportunity to meet with you at your earliest convience to discuss this matter. 4/2/04 Dear Neighbor, We recently became aware of a neighborhood issue that concerned us and we wanted to provide you with some information on this development. The Serbian Orthodox Church located on the corner of Allendale and Camino Barco has applied • for and received a Conditional Use Permit that would enable them to build an entirely new Church on their land. I have enclosed a picture of what the Church will look like as well as some pertinent facts about the project for you perusal. . The church currently has a 75 seat facility. Their plans calls for building a 250 - 275 seat facility to better handle more members. The plans call for a bigger facility to accommodate more and larger events to beheld at the church, thus significantly increasing traffic flow all along Allendale Avenue. From the Voice of St Archangel Michael -January 2003 newsletter (this it the Church's newsletter that Xou can read online at httn%/saratoga serbian-church.net) - "In effect, the new church building will present us with the opportunity in the future to create a cultural center that we can share with all the people of Santa Clara Valley" It is apparent that one of the intents of the church is to attract many people from outside the Saratoga community to visit, thus increasing traffic patterns for those of us that live i~ the area. . The existing church sits 120 feet from the street. The new plans call for a church to sit 55 feet from the curb. When questioned as to why they would move it so close to the street, the church responded that they want to "create a street presence" for their new facility. . The church is currently one story and non-descript. The new facility will raise over 50 feet tall when measuring the two bell towers. This is twice as tall as an average two story house. Additionally, as you can tell, the architecture of the new church is quite different than the existing community. . The existing church has no bells. The new facility will have a loud bell tower that will ring. .The church hopes to have the project approved and built in two years, causing large congestion along a road that is akeady crowded with West Valley students. . The church actually has its large lot of land divided into two -the larger lot is zoned for what is called QPF (Quasi Public Facility). This is the lot that the new Church and new ®~®23 oi~i~nna 4/2/04 Page 3 of 4 pazking spots will be built upon. The smaller lot contains a small house and is zoned residential. In the Mazch 30d' meeting, when nearby neighbors that live on Camino Bazco questioned the church about the plans for the smaller lot, they expressed that their plans only called for building on the QPF lot and that they had no plans for the residential lot at all. When pressed on this issue, they repeatedly denied any plans for this lot. However, in the Voice of St Archangel Michael -December 2002 newsletter (http•//saratoea.serbian- chtueh.net/newsletter//dec02,pd~ - the church writes that after the lazger QPF lot is re-built then "the site will be merged and then a Use Permit based on a Master Plan for one lazge pazcel will be reviewed." They go on to write "In the long run, this is the best way to get the best use of property." This type of intentional miscommunication is what we aze dealing with on this project. We went to a Neighborhood Meeting Tuesday night, March 30d' at the Sazatoga Library and were joined by only 2 other homeowners in the area and by 15 representatives of the church as well as engineers, consultants and architects. We left with the distinct impression that the church was very intent on building this Church as they have tried in the past but have failed. We have found that others in the community were not aware of the grand scale of this project and hope that once the community becomes aware of the specifics, we will all stand together to share our views. We are available to speak about this issue and share anything else that we learn. We aze including a copy of a Ne~.ghborhood Temp]ate for Development Application for your review. This is your opportunity to formally shaze your concerns or support of the church. In speaking with the Saratoga Planning Department, they explained that individually written letters tend to carry "more weight" than a simple petition. To show community support, our thought was to submit all Applications together. If you send your application to us at our home address (or just drop it off ), we will formally submit everything as a package. Additionally, we aze including a copy of the Site Plan as well as before and after pictures of what the new Church will look like. As faz as we understand, the timeline for the next steps aze as follows: May 20~' -Responses from the Neighborhood (Template for Development Application) aze due to the City of Sazatoga so it can be included in the write up for the Planner assigned to this project. Jun 9~' or June 2 rd -Planning Commission Public Hearing. This is when the neighborhood has a chance to formally share their feelings with the Commission. Immediately -Contact as many influential people that you canto share what is happening. Most people in the neighborhood are completely unaware of what is being planned. Below is a listing of the Planning Commission Members. It is important that as many people as possible contact these individuals to shaze your views of the Project. Additionally, the Planner assigned to the project for the City is Ann Welsh and she can be contacted at 408.868.1230. Her email is awelsh~rc sarato~,a~ca,us. Commission Roster Term Ending Name Contact April ' 05 Jill Hunter (Chair) - 408 868 1200 April ' 05 Ruchi Zutshi (Vice Chair) - 408 868 1200 April ' 04 Dr. C rLnthia Barry (408) 377-3813 April ' 05 Mike Garakani - 408 868 1200 • C7 ~~~®24 4/2/04 April ' 06 Mike Uhl April ' 06 Michael Schallop April ' 07 Susie V. Nagpal - 408 868 1200 - 408 868 1200 - 408 868 1200 Page 4 of 4 In addition to homeowners in the area, we are in the process of contacting the most successful and influential realtors in the area as we believe this is an issue they will also be concerned with as it will effect the price of property. Also, we think the following individuals should be aware of any concerns that you may have regarding this project. Please take the time to contact each of these people to share your feelings. Citv Council Contact Information Ann Waltonsmith, Mayor awaltonsmith@saratoga.ca.us Kathleen King, Vice Mayor kk2king comcast.net Stan Bogosian sbogosian_ aol.com Norman Kline kline@caspr.com Nick Streit nstreit c~a-online`com We will be holding a meeting to discuss potential action as a neighborhood, later this month. Please let me know if you are interested in attending as well as if you are interested in volunteering to help with this cause. All advice is greatly appreciated. If you share concerns with this project, it is imperative that we act swiftly and aggressively to make our feelings heard. We can be reached at 408.390.9631 or tmacaulev accountingpartners.com. • Thank you for your time. Ted & Stephanie Macauley 13791 Serra Oaks Court Saratoga, CA 95070 • ~~~~25. 9/2/2004 Saskia Kirbach Christopher Adams • 13786 Sara Oaks Court Called 713/04 -discussed concerns with St. Michaels Church Issues were 1. Height 2. Level of Activity 3. Style of Church 4. Control Traffic -Shuttle use if threshold is reached. • • ~a~~~~26 • NEIGHBORHOOD RESPONSE FORM A. ^ I am opposed to the planned building of the St. Archangel Michael Serbian Orthodox Church. 0 I will attend the neighborhood meeting (# of attendees _~ ^ I would like to help volunteer • • g, •~ I am in support of the proposed building of the church and would not like to receive further information. C. Neighbor ivfunc: v~~ ~ - w ~ - Neighbor Address Neighbor Home Phone # ~ C,.O ~ t ~ ~ ~ Cell Phone# Neighbor Email (preferred method of communication) Signature ~ ~ Date Q ~ ~~ ~ ~~ )/l~a~c~ O®~~D2'?' Page 1 of 1 Ann Welsh From: Kristin Borel Sent: Wednesday, May 26, 2004 7:50 AM To: Ann Welsh Subject: FW: Plans for building new Serbian church on Allendale -----Original Message----- From: Joanne Lee [mailto:joanneclee@rnmcast.net] Sent: Friday, May 21, 2004 8:07 PM To: Kristin Borel Subject: Plans for building new Serbian church on Allendale Dear Ms. Borel; I'm a resident on Chester Ave. near the existing Serbian church on Allendale. I have recently been informed of the Serbian church's plans to build a new church on the existing site. I have the following concerns: • 1) The new building is several stories higher and much larger than the old. I am concerned about the noise that will come from the bell towers, the traffic congestion caused by a larger facility, parking overflow into the surrounding neighborhood during large events and proximity to the street for a building whose architecture will not blend into the existing community. 2) The current facility and parishioners are fairly unobtrusive to the neighborhood. Providing a cultural center with the new building will impact the neighborhood. While I welcome and support people who wish to practice their religious beliefs, I am concerned as to what other non-secular events will be allowed and am concerned about noise and traffic/parking impact. I'm part of the resident group that is trying to work with the church organization to address concerns and hopefully come to a compromise that will be agreeable to all parties. I would like the city to work with us and the church to make the following changes: 1. Move the house on the property to the front of the lot and put the church in the back which will make it less visible from the street. 2. Scale back the scope and size of the project. Thanks for your consideration in the matter. Sincerely, Joanne Lee ~~ L..J Q®~®,~8 5/26/2004 Ann Welsh From: Kristin Sorel Sent: Wednesday, May 26, 2004 7:50 AM To: Ann Welsh Subject: FW: Proposed Expansion of the Serbian Church -RESEND -----Original Message----- From: virginia king [mailto:vking97®yahoo.com] Sent: Saturday, May 22, 2004 7:30 AM To: Kristin Borel Cc: vking97®yahoo.com Subject: Proposed Expansion of the Serbian Church - RESEND Dear Ms. Sorel, I am resending my message to correct some grammatical errors I found. I am very concerned about the proposed expansion of the Serbian Church on Allendale Road. In addition to an expansion of the church, I understand they want to become a Serbian cultural magnet for the Santa Clara Valley. The proposed placement of the Church on the lot so near Allendale Road is a concern because of the inconsistency with the surrounding architecture. I am particularly distressed by the size of the building and by the proposed 53' Bell Tower, not only because the building will dwarf the surrounding homes and the bell tower will tower over the nearby residences but because of the noise pollution caused by the ringing of the bell. This is a quiet neighborhood and I'd like to keep it that way. This noise pollution could reduce our property values. An additional concern is the increased traffic caused by the magnet Serbian cultural center for the Santa Clara Valley. This is a family neighborhood. We already have significant traffic from West Valley College and the Morman church. If this huge church and center are added, what's next? Four lanes on Allendale and traffic lights and tour busses. I hope you will consider these concerns before allowing our neighborhood to be disrupted. Thank you. Virginia G. King 13762 Serra Oaks Court Saratoga • Do you Yahoo!? Yahoo! Domains - Claim yours for only $14.70/year http://smallbusiness.promotions.yahoo.com/offer ~®~®29 Message Ann Welsh From: Kristin Borel Sent: Wednesday, May 26, 2004 7:06 AM To: Ann Welsh Subject: FW: St Archangel Michael proposed facility -----Original Message----- From: Diane Drewke [mailto:drewke@comcast.net] Sent: Monday, May 24, 2004 9:17 AM To: Kristin Borel Subject: St Archangel Michael proposed facility Dear Kristen: I would like you to know I am very concerned about the new proposed facility of St Archangel Michael Serbian church on Allendale. I am concerned about the following things: • Bell tower creating noise issues. I have not heard or seen any bells in Saratoga and think in the middle of a residential part of town it is inappropriate. • Increase traffic from 75 to 250-275 seating which is over 300 percent increase • Additional traffic from larger parties being able to be held there by church members • Additional traffic from more non church related events being held there • Size of the building and lack of set back and green space • Creating a cultural center for for all Santa Clara causing traffic and I feel it is an inappropriate place in the middle of a residential part of Allendale. • Building architecture is not in keeping with the neighborhood or any religious building I have seen in Saratoga or Los Gatos. • Increased calls of code violations from parties and events at the church. • Viability of the church finances to complete the project. I live on corner of Allendale and Serra Oaks Court which is two house is down. I have a 4 year old son. I am worried about the traffic. Saturday and Sunday is the only time we get a respite from West Valley College traffic. We also have two 7 year olds across the street and a 6 and 4 year old next door. So there are a lot of young children in close proximity to Allendale who are out of school and out playing on weekends. I feel our quality of life as well as property values will decline if the proposed church is allowed as currently planned. It is also my understanding that the church has had problems with noise and parties in the past. This does not bode well if they have a larger facility. I am not against a new church in keeping with the current or slight increase in seating, character of the neighborhood and no bell tower. If you would like to speak to me in person I would be happy to talk to you further about this issues my phone number is (408) 741-0991. Diane Drewke Page 1 of 1 • • ®00030 5/26/2004 Ann Welsh From: Kristin Borel .Sent: Wednesday, May 26, 2004 7:05 AM To: Ann Welsh Subject: FW: FW: Concerned Saratoga Neighbor Ann, Could you let Ruchi know when this is going to come before them? Kristin -----Original Message----- From: Ruchi Zutshi [mailto:ruchi zutshi~yahoo.com] Sent: Monday, May 24, 2004 1:32 PM To: Kristin Borel Subject: Re: FW: Concerned Saratoga Neighbor When is this project comong to us --- Kristin Borel <kborel®saratoga.ca.us> wrote: > Ted requested that I forward this message to you. > Kristin Borel > -----Original Message----- > From: Ted Macauley > [mailto:tmacauley®accountingpartners.com] > Sent: Thursday, May 20, 2004 1:44 PM > To: 'Stephanie Macauley' > Subject: Concerned Saratoga Neighbor > I write to you to express my concern over the > planned building of a new Serbian Church that is > currently located at 18870 Allendale Avenue in > Saratoga. As a neighbor that lives less than 500 > feet from the new proposed structure ( 13791 Serra > Oaks Court) I have many concerns. > First, I am concerned over the proximity of the new > structure to the street. At a meeting I attended > several months ago, we were shown the plans for the > new facility which move the structure much closer to > the street than it is currently. When asked if they > would move the structure to the back of the lot, the > leaders of the Church took great offense and said > that they had the right to "curb appeal" for their > facility and that they wanted it as close to the > street as possible and "shouldn't have to move it to > the back of the lot". > Secondly, the architecture of the proposed church is > in stark contrast to surrounding homes in the area. > Architectual drawings of the proposed church were > presented and it is readily apparent that this > proposed structure does not blend into the existing > neighborhood. Not only is the structure much taller > than any of the surrounding homes, they are planning > to add bell towers that will ring loudly throughout •> the neighborhood. > Third, I have many concerns as they relate to the > size of the facility and to traffic. The existing > traffic is already heavy due to West Valley College > and will only increase due to increasing the size of 1 ®~~®~~ > the new facility from 50 to 300 seats. With two > small children and many others on my street, I think > the increase in traffic will cause a greater safety > issue than currently exists today. . > Lastly, it was stated at the meeting as well as in > the Church's newsletter, that they intend to make > this a Cultural Center for the entire Silicon > Valley. None of the members representing the church > at the meeting I attended, lived in Saratoga. They > were all from outside of the area and commute in to > our neighborhood to congregate unlike the > parishioners of Sacred Heart, Saint Andrews and the > Latter Day Saints Church whose parishioners live > primarily in Saratoga. In the past the Church has > held many events outside of Sunday service and > indicated at the meeting I attended that this new > facility would enable them to hold even more and > larger events. > I am available to speak further about this issue and > can be reached at 408.986.8310 > Ted Macauley > 13791 Serra Oaks Court > Saratoga, CA 95070 _____ Ruchi Zutshi • Do you Yahoo!? Friends. Fun. Try the all-new Yahoo! Messenger. http://messenger.yahoo.com/ ~_J ~~~®32 Serbian church construction Ann Welsh From: Kristin Borel Sent: Wednesday, May 26, 2004 7:03 AM To: Ann Welsh Subject: FW: Serbian church construction -----Original Message----- From: Nguyen, Sam L. [mailto:SNguyen@HEWM.com] Sent: Friday, May 21, 2004 9:15 AM To: Kristin Borel Subject: Serbian church construction Good morning Ms. Borel: Page 1 of 2 I am writing to express my concerns and interests in the proposed construction of a new Serbian Orthodox church on Allendale. Because this structure will be built within about 100 yards of our neighborhood, I would like to express my concerns to the Planning Commissioners. I fully support the rights of the members of the church to pursue their goals for establishing . a beautiful place to meet and practice their religion. However, as the proposed plan may have significant and adverse impact on our family's ability to enjoy our property, I would like an opportunity to provide my input to the Commissioners. First, we are concerned that the significant expansion of the church will increase traffic in the neighborhood. In addition, the significant increase in traffic based on the proposed use of the church for non religious activities may not be in furtherance of the goals of the church. We already have a community center nearby and do not need another commercial "community center" operated by a church. Second, the size and architectural design of the church that is situated in close proximity of the street may not be in harmony with the neighborhood. We would like to be able to provide some input into the process to ensure that the church meets its goals and that the church goals will. not have an adverse impact to the neighborhood. Thank you for your time and interest in this matter. Please forward our concerns to the Commissioners and feel free to contact me should you have any questions. • Regards, Sam Sam L. Nguyen ~ Patent Attorney ~ HellerEhrman ~ 275 Middlefield Road ~ Menlo Park, CA 94025 ~~~~®33 5/26/2004 Serbian church construction Page 2 of 2 tel: 650.324.7028 ~ fax: 650.324.0638 ~ email: snguyen@hewm.com <mailto:snguke~hewm.com> ~ web: www.hewm.tom Heller Ehrman White 8 McAuliffe LLP The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email and delete the message and any attachments. U 5/26/2004 ®~®:~~ Page 1 of 1 . Ann Welsh From: Kristin Borel Sent: Wednesday, May 26, 2004 7:02 AM To: Ann Welsh Subject: FW: Serbian Church -----Original Message----- From: Marilyn Natoli [mailto:mjnatoli@comcast.net] Sent: Friday, May 21, 2004 8:42 AM To: Kristin Borel Subf ect: Serbian Church Bear Kristen Asa 24 year resident of 18569 Allendale Avenue, Saratoga, I have seen many changes in Saratoga through and have retained a strong affection for the community and environment. The reason for my message to you today is to express my opinion regarding the Serbian Orthodox Church new construction project on Allendale, nearest cross street of Camino Barco. My concerns center around the impact such a large, visible building on the traffic, use, proximity to street and architecture. • .Increased traffic is inevitable with the marked increase of building capacity from 80 to 275 seats . Use, not limited to religious activities, as a cultural center for others to share in the rnunty • Location on site and architecture will impose anon-conformity to the street • Bell towers to ring in Saratoga which I believe to be an exception as other churches do no have bells that ring. The existing facility may require renovation or rebuilding however it should be in character with the rest of the street and not place a negative impact on existing residential home values or current resident life style. Sincerely, Marilyn Natoli 18569 Allendale Avenue Saratoga, CA 95070 r~ ~J ~~~®35 si~~nn~a Message Page 2 of 2 worried about the traffic. Saturday and Sunday is the only time we get a respite from West Valley College traffic. We also have two 7 year olds across the street and a 6 and 4 year old next door. So there are a lot of young children in close proximity to Allendale who are out of school and out playing on weekends. I feel our quality of • life as well as property values will decline if the proposed church is allowed as currently planned. It is also my understanding that the church has had problems with noise and parties in the past. This does not bode well if they have a larger facility. I am not against a new church in keeping with the current or slight increase in seating, character of the neighborhood and no bell tower. If you would like to speak to me in person I would be happy to talk to you further about this issues my phone number is (408) 741-0991. Diane Drewke ICJ • 5/26/2004 Message Ann Welsh From: Tom Sullivan Sent: Tuesday, May 25, 2004 12:08 PM To: Ann Welsh Subject: FW: St Archangel Michael Serbian church on Allendale -----Original Message----- From: Ann Waltonsmith Sent: Tuesday, May 25, 2004 11:26 AM To: Diane Drewke Cc: Dave Anderson; Tom Sullivan Subject: RE: St Archangel Michael Serbian church on Allendale Dear Diane Drewke Page 1 of 2 Thank you for your email on your concerns about the Serbian Orthodox Church's project. I am passing the message on to Tom Sullivan, Director of Community Development. This project is currently at the Planning Department and the Commission level. Your information will be helpful to the Department and to the Commission as they make their decisions. The Council does not get involved with the project at this stage. If the project plans are contested in the future, it would then come before the City Council. I hope that during the public meetings to be held on the project, you will be able to meet with the church and come to some compromises. Sincerely Ann Waltonsmith Mayor, City of Saratoga From: Diane Drewke [mailto:drewke@comcast.net] Sent: Mon 5/24/2004 9:21 AM To: Ann Waltonsmith Subject: St Archangel Michael Serbian church on Allendale Ann, I would like you to know I am very concerned about the new proposed facility of St Archangel Michael Serbian church on Allendale. I am concerned about the following things: . Bell tower creating noise issues. I have not heard or seen any bells in Saratoga and think in the middle of a residential part of town it is inappropriate. • Increase traffic from 75 to 250-275 seating which is over 300 percent increase • Additional traffic from larger parties being able to be held there by church members • Additional traffic from more non church related events being held there • Size of the building and lack of set back and green space • Creating a cultural center for for all Santa Clara causing traffic and I feel it is an inappropriate place in the middle of a residential part of Allendale. • Building architecture is not in keeping with the neighborhood or any religious building I have seen in Saratoga or Los Gatos. • Increased calls of code violations from parties and events at the church. • Viability of the church finances to complete the project. I live on corner of Allendale and Serra Oaks Court which is two house is down. I have a 4 year old son. I am ~~~43'7 5/26/2004 Page 1 of 1 Ann Welsh From: Grant Fash [gfash@msn.com] Sent: Thursday, April 22, 2004 6:54 PM To: Ann Welsh; kk2king@comcast.net; sbogosian@aol.com; kline@caspr.com; nstreit@cpa-online.com Cc: tmacauley@accountingpartners.com Subject: Serbian Orthodox Church I am concerned about the proposal for the new church and would urge all of you to reject the plans as proposed. Specific concerns: 1. Architecture -does not fit with neighborhood, too tall 2. Location -too close to street 3. Size -concerned about church hosting events other then normal services, especially on days other then Sunday Grant Fash 18581 Allendale Ave. Saratoga, CA 95070 • • • E~~~~38 9/2/2004 Page 1 of 1 Ann Welsh From: Michelle Bronson [michelle_bronson@yahoo.com] Sent: Friday, May 21, 2004 11:55 AM To: Kristin Borel; Ann Welsh; kk2king@comcast.net; sbogosian@aol.com; kline@caspr.com; nstreit@cpa-online.com; Ann Waltonsmith Subject: Future Church Sturcture My husband and I are very concerned about the project to be untaken on Allendale. We do not find it conducive to the neighborhood, the traffic increase and the Architectural appearance. We have lived in this area for over 25 years and are very unhappy that the concerns of the neighborhood were not considered. Where are my representatives protecting and backing me. This is a quiet area and from the information received this will be a huge undertaking, not to mention the noise and dirt while this church is being built. Where are all of these new people coming from? Michelle and Barry Bronson Via Alto Ct. Do you Yahoo!? Yahoo! Domains -Claim yours for only $14.70/year • • a~~®39 4i~i~~na Page 1 of 1 Ann Welsh From: Ann Waltonsmith Sent: Friday, May 21, 2004 12:25 PM To: Michelle Bronson; Kristin Borel; Ann Welsh; kk2king@comcast.net; kline@caspr.com; nstreit@cpa- online.com Cc: Tom Sullivan; Dave Anderson; Cathleen Boyer Subject: RE: Future Church Sturcture Dear Michelle Bronson Thank you for your email on you concerns about the Serbian Orthodox Church's project. I am passing the message on to Tom Sullivan, Director of Community Development. This project is currently at the Planning Department and Commission level. Your information will be helpful to the Department and the Commission as they make their decisions. The Council does not get involved with the project at this stage. If the project plans are contested in the future, it would then come before the City Council. Thanks for the information. Ann Waltonsmith Mayor, City of Saratoga From: Michelle Bronson [mailto:michelle_bronson@yahoo.com] Sent: Fri 5/21/2004 11:54 AM To: Kristin Borel; Ann Welsh; kk2king@comcast.net; sbogosian@aol.com; kline@caspr.com; nstreit@cpa- online.com; Ann Waltonsmith Subject: Future Church Sturcture My husband and I are very concerned about the project to be untaken on Allendale. We do not find it conducive to the neighborhood, the traffic increase and the Architectural appearance. We have lived in this area for over 25 years and are very unhappy that the concerns of the neighborhood were not considered. Where are my representatives protecting and backing me. This is a quiet area and from the information received this will be a huge undertaking, not to mention the noise and dirt while this church is being built. Where are all of these new people coming from? Michelle and Barry Bronson Via Alto Ct. Do you Yahoo!? Yahoo! Domains - Claimyouurs for_on_y $14.70~ear • ~~~~~~ 9/2/2004 Page 1 of 1 Ann Welsh • From: Joanne Lee [joanneclee@comcast.net] Sent: Friday, May 21, 2004 8:08 PM To: Ann Welsh Subject: Plans for new Serbian church on Allendale Dear Ms. Welsh; I'm a resident on Chester Ave. near the existing Serbian church on Allendale. I have recently been informed of the Serbian church's plans to build a new church on the existing site. I have the following concems: 1) The new building is several stories higher and much larger than the old. I am concerned about the noise that will come from the bell towers, the traffic congestion caused by a larger facility, parking overflow into the surrounding neighborhood during large events and proximity to the street for a building whose architecture will not blend into the existing community. 2) The current facility and parishioners are fairly unobtrusive to the neighborhood. Providing a cultural center with the new building will impact the neighborhood. While I welcome and support people who wish to practice their religious beliefs, I am concerned as to what other non-secular events will be allowed and am concerned about noise and traffic/parking impact. I'm part of the resident group that is trying to work with the church organization to address concerns and hopefully come to a compromise that will be agreeable to all parties. I would like the city to work with us and the church to make the following changes: . 1. Move the house on the property to the front of the lot and put the church in the back which will make it less visible from the street. 2. Scale back the scope and size of the project. Thanks for your consideration in the matter. Sincerely, Joanne Lee ~~~®~1 9/2/2004 4/2/04 Page 1 of 4 Ann Welsh . From: Ann Waltonsmith Sent: Monday, April 05, 2004 9:25 AM To: Ann Welsh Subject: RE: Serbian Orthodox Church St. Archangel Michael Thanks Ann for the nice email. Ann Ann Waltonsmith Mayor, City of Saratoga From: Ann Welsh Sent: Mon 4/5/2004 9:23 AM To: 'tmacauley@accountingpartners.com'; Ann Waltonsmith; kk2king@comcast.net; sbogosian@aol.com; kline@caspr.com; nstreit@cpa-online.com; drebarry@aol.com Cc: stephlmacauley@comcast.net Subject: RE: Serbian Orthodox Church St. Archangel Michael Dear Ted: Thank you for sharing the letter that you sent to the neighbors in the vicinity of the proposed church on the St. Archangel Michael's Serbian Orthodox Church property located at 18870 Allendale Avenue. As planner for the . project, I would like to clear up one major misconception regarding your letter. You state that the church community has applied for and received a Conditional Use Permit. While it is true that a Conditional Use Permit application was received by the City, this permit has not been rg anted. The church's application will receive a public hearing at a future date and the Conditional Use Permit will be subject to a vote of the Planning Commission. All neighbors within 500 feet of the proposed church will be notified by mail of the public hearing. If the Planning Commission votes to approve the project and if there are no appeals to the decision, then the project is approved. If there is an appeal to the decision of the Planning Commission then the application goes to City Council for another public hearing. The neighborhood meeting on March 30th at the Saratoga Library was the City staffs attempt to ensure that all neighbors within 500 foot of the proposed project are made aware of the proposal and have ample time to review and comment on the application. Although only 4 neighboring property owners attended this meeting the applicant had sent out about 50 notices. I hope this clarifies the current status of this project. If you have any further questions about the process I will be glad to answer them. Sincerely, Ann Welsh, AICP Associate Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (p) 408-868-1230 (f) 408-867-8555 nwelsh@saratoga.ca.us gi~i~nna Page 1 of 1 C7 1I u • Ann Welsh From: Ted Macauley (tacauley@accountingpartners.com] Sent: Monday, April 05, 2004 9:22 AM To: Ann Welsh Cc: gdeyoung@ruthandgoing.com Subject: Traffic Report We were interested in seeing a copy of the Traffic Study /Report that was conducted for the Church project and wanted to find out the best way to go about seeing this. Do you know where we can find this? :~,: AC~~L~ITI~G P A R ~'T 1V E. ~ S Ted Macauley President hacauley cr accounting~artnerscom www. accountingpartners. com crn~~r~~ro nnworarl by Piaxo Your Partner In Success 2041 Mission College Suite 270 Santa Clara CA 95054 tel: 408.986.8310 fax: 940.234.1690 Wanr a signature like this? Add me to your address book... Q®®®43 9/2/2004 Page 1 of 1 Ann Welsh From: Ted Macauley ~tmacauley@accountingpartners.comj Sent: Saturday, April 03, 2004 1:44 PM To: gdeyoung@ruthandgoing.com Cc: Ann Welsh; stephlmacauley@comcast.net Subject: follow up Gerry, Thank you for the material that you provided to me. I had a couple of questions for you. First, I wanted to verify with you that the original plan depicted a church with 150 seats versus the 250 seat plan recently submitted. If this is the case, I was curious as to why this was increased. Secondly, can you address the plans for the smaller lot that is currently zoned Residential. Is there a plan that calls for a General Plan Amendment to QPF (Quasi Public Facility status) for the smaller lot once the larger lot is developed before merging the sites and then getting a Use Permit based on a Master Plan approved? Finally, I was curious as to whether you knew if the city had written and adopted a QPF ordinance for the site. Thanks for your time. ACCOLIVTP~VG PARTNERS Ted Macauley President tmacauley~?a accountin artners.com www. accountingpartners.com Your Parh~er In Success 2041 Mission College Suite 270 Santa Clara CA 95054 tel: 408.986.8310 fax: 940.234.1690 Signature powered by Plaxo Want a signa[ure like this? Add me to your address book... • • CP~~®~~ 9/2/2004 Page 1 of 1 C7 • Ann Welsh From: Ted Macauley [tacauley@accountingpartners.com] Sent: Sunday, April 04, 2004 7:55 PM To: Ann Welsh Cc: gdeyoung@ruthandgoing.com Subject: question Ann, I wanted to check with you to see if the city was requiring the Church to put up the building poles prior to the hearing so everyone can see the height /size of the project. ACCOti-NTING PARTNERS Ted Macauley President hnacaul~ cr accounti~artners.com www.accotultin artners.com rr~...,w. ..,.. ...,...e.-n.f h.. D/~ tel: 408.986.8310 fax: 940.234.1690 Want a signature Add me to your address book... ~~®®45 Your Parh~er In Success 2041 Mission Colleee Suite 270 Santa Clara CA 95054 9/2/2004 Ann Welsh From: Ann Welsh Sent: Monday, April 05, 2004 11:54 AM To: 'virginia king'; Kk2king@comcast.net; Sbogosian@aol.com; Kline@caspr.com;Nstveit@cpa- online.com Subject: RE: Serbian Orthodox Church Dear Ms. King: Thank you for expressing your concerns regarding the proposed expansion of the St. Archangel Michael Serbian Orthodox Church. As planner for this application, I would like to clear up one major misconception surrounding this project. While it is true that a Conditional Use Permit application was received by the City, this permit has not been granted. The church's application will receive a public hearing at a future date and the Conditional Use Permit will be subject to a vote of the Planning Commission. All neighbors within 500 feet of the proposed church will be notified by mail of the public hearing and a notice will be advertised in the Saratoga News two weeks prior to the public hearing. If the Planning Commission votes to approve the project and if there are no appeals to the decision, then the project is approved. If there is an appeal to the decision of the Planning Commission then the application goes to City Council for another public hearing. The neighborhood meeting on March 30th at the Saratoga Library was the City staff's attempt to ensure that all neighbors within 500 foot of the proposed project are made aware of the proposal and have ample time to review and comment on the application. Although only 4 neighboring property owners attended this meeting the applicant had sent over 50 notices. If you live within 500 feet of the proposed church you should have received a notice for this recent neighborhood meeting. If you live beyond the 500 foot limit, I would be glad to include you in the mailing list for future neighborhood notices regarding this project. Also, our a-mail letter will be included in the staff report as will all correspondence . Y received for this project. I hope this clarifies the current status of this project. If you nave any =urLner questions about the process I will be glad to answer them. Sincerely, Ann Welsh, AICP Associate Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (p) 408-868-1230 (f) 408-867-6555 awelsh@saratoga.ca.us --Original Message----- From: virginia king [mailto:vking97~yahoo.com] Sent: Monday, April 05, 2004 5:56 AM To: Ann Welsh; Kk2king@comcast.net; Sbogosianc~aol.com; Kline~caspr.com; Nstreit@cpa-online.com Cc: vking97c~yahoo.com Subject: Serbian Orthodox Church Dear Ms. Welsh, Ms. King, Mr. Bogosian, Mr. Kline and Mr. Streit, I have just recently found .out that the Serbian Orthodox Church at 18870 Allendale Road is planning a ~~®~~V • 1 \ .LJ ~ ~ 1._7 Jeighbors voice concerns over church plan Serbian Church has plans for new chapel By KnusTUV Bnsu n he Rev. Slobodan Jovic is a worried L man. For the last four years h~ has nursed adream-a dream of building a Opel on Allendale Avenue. some followers of the Serbian Church in the y Area have waited even longer. - 1usyear, though, it.seemed.to be all C41~LRg_ ether. There were. enough funds to go ahead h plans for a neiv chapel. AKift with the Ser- n Chwch in Cupertino had ended some rs ago and the property had been sold. t was to be their dream project, complete h cupolas end bell towers. Their planned - pel would take the place of a makeshift pel that has. served as a place of worship on :adale Avenue since 1968. An architectur- rmhad been commissioned for the design. hen the group decided• to call a meeting rm local residents about its plans. cauley was one of two local residents p for that meeting in March of this e was horrified at what he saw. vly jaw dropped, I nearly fell out of my r when I saw a simulation of the new build- ~f the church," said Macauley, who then :e out against the proposed plan at the sing. • Macauley, who went to school in Saratoga before moving elsewhere, has lived in his house on Sena Oaks Court for the last six years, ever since returning to the city. "I was a very concerned man by the end of the meeting," said. Macauley. He said that he patent back home and talked with his wife, Stephanie, late into the night. He was worried that more people would start coming to the property once a new chwch was built. He was worried about the safety of neighborhood children because of increased trafSe. He was worried that the church build= ing was not consistent with the rest of the huildings is the area... . "The size, height and location of the chwch really bothered me,"said Macauley. He set about informing his neighbors. Very soon, a neighborhood task force had been formed. "We have nearly 100 homeowners who are part of our association right now. And nearly 95 percent of them are opposed to the boil of the church as planned," said Macauley The neighbors have been meeting every few weeks. They have a website so that those inter- ested can voice their concerns. Many of them worry that the facility will become acultural cen- ter. "Ourconcemsareconsistent,"saidMacauley. Jovic has lived in Saratoga for the last fow years. He lives on the 4.3-acre facility on Allendale. "We have 450 families on ow mail- ing list in Santa Clara County. For years we have been using this makeshift property that was originally intended to be a chwch school," 6e said. Jovic says that a church built in the Byzan- tinestyle would be a beautiful addition to the neighborhood: "One of ow cliwches built in this style in Sacramento has won a design award," fie said.. Jovic says that he wants the chwch to be built but also wants to address the concerns of the neighbors. "The same people who come to the church oa Sunday morning will use the new facility," he said. The current facility will accommodate fewer than 100 people. If the plan for the new church is approved, the capacity would go up to 250. Nick Miljevich, whose father had donated the~plot to the Serbian Orthodox Church, said that the chwch should~be built at the back of the property, away from the eyesight of neigh- bors: . Macauley said that the church has not responded to a letter sent by the neighborhood committee, but Jovic said that, though he lives in the neighborhood, he has never been invit- ed tonne ofits meetings. Macauley said that he welcomes the grow= ing ethnic diversity in Saratoga and would like to talk to clear the air. Jovic likes to talk about an old Serbian say- mB while ~~B about the church. "It is snore important to get along with your neighbors than your blood brother," he says. "The broth- ermight befar away, but yow neighbor is right next to you." The real good-neighbor test, though, will begin only after the matter comes up for a planning commission hearing i~rs~-~ JULY28, 2004 SARA. E~Kir`~~1~ . •Plwtotraph by c3eorae S.kkewd ~ ev. Slobodaa Jovic stands in front of the existing property of -the Serbian Orthodox Church on Allendale Avenue. The Serbian ~nity is the area is interested in building a church in traditional Byzantine style on Allendale. ~~®'~ S P E. A K OUT ~~~J LETTERS I an old orchard: The various-fruit and nut predator, :he mountain lion t d trees have died, and the unlandsca ed , ex en s his ra i ifficult to understand p areas of our property have gradually reverted'to native ve elation li nge to nclude our backyards? Deer a=e cuteandrelativel Yharmless; buf a mountain ~ neighbors objections ~ - g ve oak bay laurel, madrone and toyon. It is delightful to find the same vegetation in lion perched in a live oak in m cerns me. It appalls me to even h~ dth~a nt uld our backyard as I find when I hike in the i wo be necessary to destroy one of these beautiful creatures but if they are roami I was delighted to read about the Ser- bian Church's pI8nS (SARATOGA NEWS, mounta ns near our home. When we firstmovedhere, there were , ng our neighborhoods, I can see that it may evolve tothat.TLin sarever t f July 28) for a new chapel that would replace their current building on Allen- many fascinating .bird species=-quail, dove, robin, finch, owl, thrasher, mock- g you o whack. So, I'm up for suggestions, information and dialogue. dale Avenue. I couldn't, however, under- stand nearby resident Mr. Macauley's mgbird and hummingbird, to name a few. Ihaven'tseequailiriyears,norhaveIse~en . STEVEFoX . objections to the project. Isis concerns would be perfectlyunder- thrashers, finches or mot birds reaeat-' :. kmg lY~ It was entertaining and charming o be , - Sartatoga . standable•if. the church were planning to buildthe chapei onSerra Oaks Court but hi e ' scolded by the hummers when we didn't- keep their feeders full, but lately there are very few of them a u Residents sh wi t s is Allendal we .re talking about-,a majortrafficarteryandhometonotoatyme ' ro nd: By far, the dominant birds ciesnow ~ is the crow I d o n g a lack of tole e church scurrentmakeshiftcha 1 butalso the Church of Latter Day Saints and West . un erstand that they are all God's creatures, but crows are poor sub- ranc ValleyCollege. Additional traffic should be negligible with such. a small congregation stitutes for the various birds that are now Bone from our landscape. I'd blame it all Your recent article seems to indicate that Saratoga has become a city that wants andposenogreaterthreattoneighborhood cUuldrenthanthatwhichaheadyexists. °II my neighbors' cats, butshey have all' been eatenby the pack of coyotes that . to stop the growth of churches' plans ("Neighbors voice concerns over church A distinctive, beautiful piece of archi- tecture is a rare thing. This,new chapel roamed our area until this past spring. In the past few months even the coyotes Pte," SARATOaA NEWS, July~B},a aty . where the design pf church structures is . :ould be a real gift to the city. and elevate Le spirits of many who happen upon it. td have disappeared: Iwonder-if they have - been poisoned by an angry pet owner. I taken from the congregation andgiven to others that know what is best I have `no ilte to encourage Mr. Macauley and his association to keep an open mind. Itwould think that's too bad, because despite the fact that the coyotes killed our two cats, h a . knowledge of the Serbian church or their beliefs, but I am very 'sorry to see my city ~e:a shame for the Rev. Jovic and his-con- ~egation to have to modify their long-held t ey lso helped control the deer popu- lation by bringing down some fawns each show such lack of tolerance andconsider- ation when a church is ready to grow. I do !ream unnecessarily. sp~g• Deer have always lived in these moon- know that the church has owned the pr erty for many, many years, probab y" COLLEEN BALOUGH tains, but their numbers seem to have longer.tfien most of the neighbors. .Casa Blanca Lane increased dramatically is the past two ~ years. It seems that the average a e of'our ~ANg FATTEN g local herd has dropped as more of the Carniei court )rehard iS -a better - fawns are surviving. I like deer,:but it is dis- concerting t . IlaCe fOr SOCCer fields o see them eat the very vege- tation that has been considered deerproof over th an '; ous ds of years. When there is overpopulation deer will eat an thi CONGRATULA'ITONS The Saratoga City Council is once again ~ ringing.upthesubjectofbuildingtwofull- , . y ng, and I am certainly finding thaf_to be' true. Additionally; I am concerned;about the $ARATOGA News editor. Dick Sparrer married Natalie Dodd on ' ze~soccer fields, rest rooms and parking : .ciliti+bs;in the•Kevin Moran Park located ancreased number of ticks that they bring and the accompanying risk of disease. My , Saturday. He and Natalie are enjoy . . ing their two,:week hone o i . Frides Crossing: However, I believe that the building of wife thinks weshould allowpeople tohunt - the deer to supply the locaifood banks. ymo n a. Hawaii,' We hope you will join us in congratulating them! ~o fuli-size soccer fields, rest rooms and How long will. it be before their No. =1 i~kiag facilities in Kevin Moran-Park ~uld''be detrimental xo-our neighbor- aod: Traffic will. increase within our aglborhood. And in addition, restrooms ll onl c t ib ~T DECllr ZO / C (a r t o o n s t ' Yi e y on r ute to strangers coming . s w to.;our.neighborhood; making itunsafe - . c.cliililren•walkinghome through;Kevin oraa Park from $lue~Hills Elementary =" hoof; and for neighborhood children - -- --- '~ io frequeat,the park daily. - "~ Rurthermo;e I believe that it is unreal- i¢ fo;.the.city ofSaratoga xo h'old:onto ~t-~;Q ,located on :Saratoga Avenue em't~Ct~uld be.put tq'good use for the aefitof the community. Therefore, I rec- xnendthat the Saratoga City Council e,-to build the two full-size soccer fields, t rooms and parking facilities on the le; "unused'.'•, Heritage Orchard, Cxxis~rnvE GULwcx ;Saratoga `~ I~ ANIMAL / owNG~s . ~;, .~ .. . i~ i CC N D~ Emend i to Swaw~sr CA 95030 Non by Sm a~ fQK soasvc rrod~tr•~ Y ~ ~NI ~0~48 Sc r~t~y~jc~ ~ ~ ~` < `'r , "~'~~'~'~ s P E A K OUT °~® L ` ~1~~ _~ ;~ ~ i ra :RT SHE a. C 0 ~ f it Continued from page 12 and less aesthetic appeal. Saratoga has less open space per capita than any communi- ty in the Bay Area. The Heritage Orchard presents a beau- tiful entry to Saratoga. The need for beau- ty tojustify Saratoga's reputation as one of the Bay Area's most desirable residen- tial areas far outweighs the brief period of yeazs in which a minority of our population would indulge in soccer. Adults are here for decades. Many of us have fought long and hard to preserve the limited open space we still have. For the common good to prevail, the orchard must remain and be cherished for its beauty and its symbolism. F.I.. STUTZ.MAN Former mayor of Saratoga Serbian church concerns are not due to intolerance Regarding the recent article and subse- quent letters to the editor regarding the Serbian Orthodox Church building plans, we find it disappointing that some imme- diatelyattack aneighbor who lives close to the proposed new structure as "intolerant." Nowhere in the article was there any state- mentmade against the church, their beliefs, or the parishioners' right to worship. Rather the concerns raised are relevant concerns about any new structure pro- posedfor the already very busy Allendale neighborhood area. If West Valley College or the Mormon church, who have existing structures adjacent to Allendale, proposed a new structure with increased usage like what the Serbian Orthodox Church is proposing, the very same concerns would he expressed: traffic impact; architectural integrity; noise concerns (new Bonging bell tower?);setbacks; and, the frequency and nature of the new structure's usage. These issues and concerns exist regardless of the group who proposes them. To immediately make the polarizing and inflammatory statement that neighbors with valid concerns are "intolerant" or somehow "anti-religion" is pure negative politics and is beneath an informed Sarato- ga community discussion. Let's stick to the valid issues expressed by Mr. Macauley and many others, work with the church leader- ship and neighbors who are directly impacted (everyone whose street opens onto Allendale), and find a way for both sides topegotiate a palatable solution. D. AND R. HUFF Harleigh Drive Heritage Orchard is not appropriate for fields In response to Christine Gulrich's (Aug. 11) letter about soccer fields in the Her- itage Orchard, perhaps some history would be helpful. In 1984, the orchard was designated a historic landmark by the Saratoga City Council in acknowledgement of its impor- tance in Raratr~oa'c hictnrv The most expensive Hawaian~s - Agdtn the_lon~ More than 30 years o. f ~ius~a~~~l : y~!~ ~~~~~~ .' lessons learned 2me~l ';Which in Maui, - ~ tal ofa ~ , ' the oth~e ~ t~ By DICK SPARRER were sip 11 I wanted was a'raspberry flavored Hawaiianahayed ' ~ `~`~ ~~' ~. ;~;r.> tlletnswt~ ice. Little did I know it would cost me more than ' ' ~ ~. hair ands $2,500! Can't figure-out how a little ice and some sugary syrup can , they ~dn?taha cost so much?•V-rell, let me backtrack a bit. ~ - - - ~ d .And here s aa~ suiTOUndetl b}~k Back on Plug. 7, I was lucky enough o get marrie to the '' " wife asks,,"Are .beautiful Natalie. And Natalie was lucky enough to land a- Ilook'as goodie husband like me-a guy who learned his lessons well_dur>ng: ea an s this one, &uy§; tl d training session iaughiby a 32-y r husb uylaie.wife .~_ _ _ ydu want anY PE Randee. Now, Randee was a wonderful school teacher. Butwhil~ . No, dear,'ri she may have been an expert at teaching California~history, .. . ~ ' N°w," tfiat'sa~ And hat~lea~ " and the like too classroom full of fourth graders,~she was . v h " t :. mg th'e streets: o .e en a better teacher w en it came to instructing me on flow ~ ~ - ~ ~ visited spot bn;9 , _ , to be a husband.' ~ ~ ` ~' She taught me to never buy clothes for` her aY~Merwyn s tf ° down the street there was a Nordstromnearb • that Safewa is a y, y ' great~:plaee = ~ dQWIl tiae sidew with my 6i•sin #~ to buy broccoli, burif it was meant to sell flowers theywou~id ~ ~ ll t w - when I felt a to l ca it Safe ay FTD and tha costume jewelry is fine for a , ~- Halloween costume, but real jewelry is measured in karats= The next thin Still, maybe the mostimportant lesson I learned during ' ~ replaced ~yarti " my manyyears in the husband training program was iwo lit-; gallery , of oceaL tle words-"Yes, dear." And if 1 repeated those words at#he. "wouldn'f•.f}i correct time, I would never get many trouble:~~ asked "Andtlri~ So with those lessons fully engrained in my brain; I green;" ;:~ '- "Yes,°dea3e~'t later we ere tl tered the holy union of matrimony lastmont~ for the second: w : time in my,life. Tow; don't think for a momer5'~hat just: ~~ my America}ke$ because 3°m mentioning this training and "ail tlu"'s "yes;'dear"; and, nb, theythi junk Thai it's some assault on my masculinity: After a11, I am- h u t I t u w Momenfs Tali detour we Wert t e man of the ho say is he ... se, and wha h; ait a ; minute, Ithink I hear'~Nataliecoming ... oh,no,it's just the Hawaiian sltavq dog .._ naw, what was I saying? Oh yeah, the man of'the .:focus on raspbe ~ house .. . that'sane, I just let herthink she's in charge:. we just get cane Or is it the other way around? Th ivi w h i d h u ' That's where:, "No dearhj#' ere as t e ng room f nci ent oft e l rniture:I , wanted it a certain way,-and explained that to her in no that statement uncertain terms. She stared at_me for a long time; then said, 'So tfiere it wa ~ No,~I think we'li set.it up.this way."I ended the controversy shaved ice $12` quickly by getting in"the final words-"Yes, dear " .priceless. `, Then there was that issue with the baseball`memorabilia ` ",Want toxatk% in the family room. "I think it looks great inhere," I satdr. ~ '` dsparrer@sycrr< .. , ~ ~:. " all regions of Saratoga. These citizens real- ized the importance of preserving, for cur- rentand future generations, what little we have left of the "Valley of Heart's Delight." Former mayor of Saratoga Marty Clevenger wrote, "The fact is that the land is a historical orchard. It is not something waiting to be developed. It is serving its intended use." A group of citizens organized STOP (Saratoga Treasures Orchard Preserva- tion).Based on their work, the efforts of the Saratoga Heritage Preservation Com- missionand the obvious fervor of the com- munity at large,-the city council unani- mouslypassed aresolution in 2000 which states: "The Heritage Orchard is hereby recognized as a valuable asset to the com- munity that should be maintained in per- petuityfor the enjoyment of generations to come" (Ordinance No. 00-049). The orchard stands as a tribute to our agrarian past and the importance fruit growers played in our city's history. Even rn)r lihrarv hnilrlino cnrrrnmrlvr9 nn thrPP expressing appreciation forthe peacef and reflective value of those beautiful tre in our historic orchard: It is truly an oa; in the midst of our town. Indeed; the He itage Orchard is serving its purpose at our community very well. PHYLLIS BALLINGAI Sazatoga Heritage Preservation commission Proposed utility users tax has several weaknesses:' Doug Robertson's apologia letterfc the actions of the revenue review commi tee and the city council regarding utilit tax (Aug. 18) was interesting. Howeve there were some points he did not address 1. If this tax passes, the money will g directly into the general fund. once in th general fund, it w. ~~~~~, p other revenues '~ •7. ..• t~....• al. ~.~ a'. F ~-- ~ ~ o x m o~z _ " ~ `~ X ~~W A W ~~~ a a Lw7 v~ ~ ¢ ~ O ~ ¢ p O v, z o Fo ~~~~ Z ,. ~ ~o~x~~o a ~ .a U ~~~ ooo~~~~~~ ~ W U W v~ U U U C7 ~ ~ H M~ z ~, ~ ~ w O R. W ¢ [ + v] ~ cv cn ~h v~ ~c l U ~ ~ W ~ ~ ~ ~ ;. 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JrIIpJ QN ~rll ~ o o a uwo,p ~ N N p°~ -- - N'd'ld 39~dN I b21o oN`d 9N I o`dal9 o ~ I ~ ~ 0 ~ o a ~ w ~ ° ~ Q ! ~ W o N ~ ti' 4 $ ~ O ~ ~ S g ~ ~ ~ ~ ~ ~ ~ ~ ~~ m ~ L ~ ~ Q I~ G ~ F F F ~ M M ,~ ~ d ! S ~ L~ ~ W ~ v ° I ~ o ~ Z ~~ ~ Z ~~ I I ~ Z ~O ~~ ~ ~ z~ i l l x ``' a h J I I I I wa~~:~ - ~,ce. o+0'oyywo \o+a\YO[Of0\k"!a\O 'ay ou+wp • • • • anN~i~~ 3~~aN3~"1br ~ s CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, September 8, 2004 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Susie Nagpal, Linda Rodgers, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Mohammad Garakani PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of August 25, 2004. 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 regarding Oral Communications underPlanning Commission direction to Staf f: REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 2, 2004. 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. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #04-161 (397-15-018, 397-14-022, 397-13-030) Verizon Wireless, West Valley College 14000 Fruitvale Avenue; The applicant requests use permit approval to install an emergency generator at the location of an approved wireless facility located on the West Valley College campus. The college campus is located within an R-1-40,000 zoning district. Several wireless carriers are located at this site. The emergency generator will be placed on the ground at the northeast corner of the theater building with other equipment cabinets and equipment approved in the Spring of 2004. Modifications to the original use permit approval also include the following: 1) increasing the lease area from 12' x 25' to 15' x 25' (a total increase in area of 75 square feet); and 2) enclosing the lease area with an 8-foot chain link fence. (CHRISTY OOSTERHOUS) APPLICATION #04-168 (517-22-003) - Borelli, 20200 Hill Avenue; -Request for Modification of Building Plans and Development Conditions to the previously approved new one story house. The minor modifications include changes to the floor plan, height and design. The proposed building footprint will remain in approximately the same location. The proposed floor area will remain the same at approximately 7,402 square feet including athree-car garage. The 3,086 square foot basement will also remain the same. The maximum building height of the residence will not exceed 26 feet. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40,000. (Joi-IN LIVIN~sTONE) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on July 21, 2004 and minutes from Special Meetings on August9, 2004, August 11, 2004, August 16, 2004 and August 18, 2004 ADJOURNMENT TO NEXT MEETING - Wednesday, September 22, 2004 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerh at (408) 868-1269 or ctclerh@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on September 2, 2004 at the of Tice of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location The agenda is also available on the City's website at www.sarato aQ ca.us If you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@sarato ag ca.us • o~q MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, August 25, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting a~ Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Rodgers, 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 July 28, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of July 28, 2004, were adopted with corrections to pages 2 and 9. (4-0-3; Commissioners Garakani, Rodgers and Uhl abstained) ORAL COMMUNICATION Ms. Muriel Mahrer, 13577 Myren Drive, Saratoga: • Explained that she has been a resident of Saratoga since 1955 and that she is here this evening with complaints and suggestions. • Said that the integrity of her neighborhood has been compromised by a huge addition next door, with a new addition that is just seven feet from their joint property lines. • Stated that she is upset and feels that the process did not look out for her interests. She now faces a view of a huge wall from four windows in the portion of her home that she spends the greatest time. • Urged the amendment to the Code that would not allow an addition without a minimum of a 20-foot setback without a hearing process. • Opined that this particular approval should have gone to the Planning Commission and not through an administrative process. • Said that she had requested a row of trees to screen this addition from her property and that she is asking the Planning Commission to ensure that protective row of trees. • Stated that four new windows now look into her home and said that she had asked that the glass on • those windows be frosted to ensure her privacy. • Asked that this item be placed on the next agenda and urged the Planning Commission to visit the property. Saratoga Planning Commission Minutes of August 25, 2004 Page 2 • Provided photographs and copies of letters she has sent to the City on this subject. Chair Garakani cautioned Ms. Muriel Mahrer that the Commission couldn't discuss this matter this evening. Director Tom Sullivan asked if the Commission would like for staff to prepare a report on this matter for the next agenda to outline the approval process. Chair Garakani asked why this particular application did not come to the Planning Commission. Director Tom Sullivan replied that it would have to have been appealed in order to come before the Commission. Commissioner Hunter asked Ms. Muriel Mahrer if she felt that she had had the option to appeal. Ms. Muriel Mahrer said that she felt discouraged from doing so as she was told that what was approved was permissible under the existing regulations. Director Tom Sullivan asked if there is a consensus that a report is desired on this matter. The entire Commission expressed support for the provision of a written staff update at the next meeting. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 19, 2004. REPORT OF APPEAL RIGHTS Director Tom Sullivan 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). CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #04-178 (510-09-018 044 043) HEIKALI, 14410 & 14416 Big Basin Way, 20506 Saratoga-Los Gatos Road: The applicant requests Design Review approval to renovate the facades of the above-noted contiguous commercial structures. The facade changes include raising the parapet, painting and resurfacing, removal of existing ornamentation on the structure and replacement and opening up of windows and doors. The property is located in the CH-1 zoning district and is designated . CR-retail commercial in the General Plan. (ANN WELSH) Saratoga Planning Commission Minutes of August 25, 2004 Page 3 Assistant Planner Ann Welsh presented the staff report as follows: • • Advised that the applicant is seeking Design Review approval for a facade change for an 11,836 square foot commercial property on the southwest corner of Big Basin and Saratoga-Los Gatos Road. • Described the proposed exterior changes as including the removal of existing ornamentation, replacement of windows and doors and other exterior elements. Interior improvements will include seismic and ADA upgrades. Commissioner Hunter expressed concerns with the terminology of "modernizing" this property. Pointed out that the Village Guidelines equals an historic feeling for the Downtown. Said that updating this project is okay but to say it is being modernized is of concern. Questioned why that particular term was used. Assistant Planner Ann Welsh: • Said that the Village Guidelines give lots of different directions. The applicant is upgrading their property to keep it current with current retail guidelines. • Said that the historic significance of this particular property is more nostalgic than actually being of any historic significance. • Advised that Leslie Dill reviewed this property and application. She found that the facade elements were not historic or integral to the character of this building. Historic elements are non-existent for this building. Ms. Dill's conclusion was that this structure is not of great historic value. Commissioner Uhl asked if the Heritage Preservation Commission endorses the recommendations made by Ms. Leslie Dill regarding this proposal. Assistant Planner Ann Welsh replied that the Heritage Preservation Commission saw a previous draft of the proposed facade changes. They wanted additional character added. Commissioner Uhl asked staff if the applicant did add additional character to the design. Assistant Planner Ann Welsh: • Said that the applicant was directed to a previous project, for which the Planning Commission had held a Study Session. They were shown the progression of changes for that site. • Stated that the applicants came back with revised plans that incorporated additional light fixtures, cornices atop pediments, slate kick plates and a toned down/more subdued paint color scheme. • Reported that, in her view, these changes represented added character but it is up to the Commission to determine if it is sufficient. Commissioner Uhl asked if the colored elevations depict the updates. Assistant Planner Ann Welsh replied yes. Commissioner Hunter asked about the accent colors. Commissioner Uhl pointed to the sample board and said there are dark brown and green accent colors • with four different field colors. Commissioner Hunter: Saratoga Planning Commission Minutes of August 25, 2004 Page 4 • Said that this property represents the entrance to the Village and that this is one of the most visible buildings into the Village. • • Reported that when her son saw the elevation she was reviewing, he asked her "where are they putting the strip mall?" • Pointed out that there is no articulation to the roofline to help give the building pizzazz. • Reminded that this used to be a very handsome building that has become run down over the years. Assistant Planner Ann Welsh said that this issue is very subjective and that the Design Guidelines can be interpreted a lot of ways. The nostalgia of the building is more a matter of discussion for the Planning Commission. Commissioner Hunter pointed out that no representative for this project participated in the Planning Commission's site visit. She asked way no one was there as this is not usual. Assistant Planner Ann Welsh said she would defer to the applicant for a response. Commissioner Hunter pointed out that a Study Session was held on the Laundry Building. Assistant Planner Ann Welsh: • Said that she had advised the applicant and property owner that the Planning Commission wanted a Study Session. However, they are interested in expediting the project in order to get the building occupied and felt their design was in line with the requirements. • Stated that certain elements now covered up would be uncovered and highlighted, resulting in the original structure being unearthed. They are removing some elements but also uncovering others. Commissioner Hunter said that the proposed very large windows make her very nervous when the tenants for the space are unknown. Director Tom Sullivan reported that the new uses would have to be similar to previous uses. A restaurant would not be permitted because the site cannot meet parking demand for a restaurant. The uses would be similar to historic uses so that the existing non-conforming parking situation can be continued. If the uses were to change, parking issues would have to be revisited. Commissioner Nagpal sought clarification on what historic uses have to be retained. Director Tom Sullivan replied retail and office. Assistant Planner Ann Welsh clarified that the office uses would be upstairs. Commissioner Rodgers asked staff what issues are before the Planning Commission, facade improvements, landscaping and parking? Assistant Planner Ann Welsh replied that the exterior improvements are up for consideration by the Planning Commission. A building permit is pending to do the interior renovations that include seismic and ADA upgrades. The only interior improvements that might impact the exterior are skylights. An enclosed mechanical equipment room at the corner of the property would have to be screened if it were • to be found visible. Saratoga Planning Commission Minutes of August 25, 2004 Page 5 Commissioner Uhl asked staff for a rundown on the steps taken in reviewing the new Fire Station. Director Tom Sullivan reported that there were two public hearings before the Planning Commission, whose actions were appealed to Council. There were Public Safety Committee meetings. Once compromises were reached, a third public hearing before the Planning Commission occurred. Commissioner Uhl asked how that project compares to this one. Assistant Planner Ann Welsh replied that the scope was much larger for the Fire Station as it involved the demolition and reconstruction of the previous Fire Station while this project represents a facade update. Commissioner Hunter added that the public is also paying for the Fire Station through a bond. Commissioner Nagpal asked about a landscape plan. Assistant Planner Ann Welsh pointed out that the landscaping is part of the site plan, which is sheet A- 0-5. The landscaping plans include re-landscaping the existing landscape areas at the corner. Commissioner Hunter asked if the building would house five different businesses. Assistant Planner Ann Welsh replied that there is a lot of flexibility as to how the space is ultimately divided between tenants. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Mr. Joe Barbano, Young & Borlik Architects, Project Architect, 261 Hamilton Avenue, Palo Alto: • Said that they are creating a very dynamic retail environment from what is currently a dilapidated building. • Said that they considered three different design options and worked with staff to add character to the building. They plan to restore some original elements and have refined their colors. • Reported that they took a lot of time studying the downtown to see what colors were there and found that muted colors were prevalent. • Stated that they plan to unify the center but still give each unit its own identity. • Said that they are trying to respond to the desire to make this building into a nice entrance to the downtown and provide a destination for everyone. • Said that he felt their design meets the requirements of the Village Design Guidelines. • Apologized for missing the site visit, saying that they were unaware their participation was required. Commissioner Hunter questioned the proposed name for the building, the Art Centre. Mr. Joe Barbano said that this is a working title and tentative name. Commissioner Hunter asked how much larger the windows would be and how many tenants are anticipated for the building. Mr. Joe Barbano: Saratoga Planning Commission Minutes of August 25, 2004 Page 6 • Said that there are currently five tenant spaces. • Added that the windows facing Saratoga-Los Gatos Road would bring more light into the buildings. • • Reported that an existing concrete block area that faces Big Basin Way used to be windows. • Stated that they want to keep a separate identity for the three separate buildings. Commissioner Zutshi asked if there is a reason why the applicant does not want to restore the building as it presently is. Mr. Joe Barbano said that their design is more honest to the building and offers more simplicity. Commissioner Zutshi stated that ornamentation gives character and distinction too. Mr. Joe Barbano said that there would be distinction when the buildings are occupied by tenants that bring life to the area. Commissioner Uhl stated that the project looks like a strip mall and asked the applicant to explain how it is different from a strip mall. Pointed out that downtown Saratoga is not conducive to a strip mall. Asked how Mr. Joe Barbano responds to this. Mr. Joe Barbano pointed out that the original building was a very plain building. Commissioner Uhl said he agreed. Commissioner Rodgers pointed out that all three buildings appear to have the same height. • Mr. Joe Barbano said that the flower shop building is not currently as tall as the other two buildings. Commissioner Uhl said that the three are pretty close to the same size, which may be what gives it a strip mall appearance. Said that this building design is not unique at all but that no one is saying that it should be kept as it is. Mr. Joe Barbano said that storefront materials could be changed. For instance wood siding instead of metal could be used. Director Tom Sullivan pointed out that the Fire Station has wood windows. Commissioner Uhl said that he did not believe that major changes are required but just some tweaking to give the project unique character. Commissioner Nagpal said that she would like to hear the thoughts about how this project as proposed meets the requirements of the Village Design Guidelines for issues such as pedestrian character and the preservation and/or enhancement of the historic quality of the Village. Mr. Joe Barbano said that they are creating a walkway, using colored concrete, opening up the facade along the parking lot side to create additional entrances, adding benches and an information kiosk. Commissioner Nagpal cautioned that this is a pretty critical building to the downtown and that she wants to see more character than is proposed here. Saratoga Planning Commission Minutes of August 25, 2004 Page 7 Commissioner Uhl stressed the need to preserve and enhance the architectural character of the Village. Chair Garakani asked the applicant if they are open to suggestions. Commissioner Uhl asked if they could accommodate suggestions to enhance the design. Mr. Joe Barbano replied if that's what it takes. Commissioner Rodgers pointed out that the proposed benches are plastic, which is not in keeping with those existing in the downtown that are made of wood or iron. Mr. Joe Barbano agreed that the benches could be changed to something that is more appropriate. Commissioner Rodgers asked about street trees. Director Tom Sullivan replied that these are City trees. Commissioner Rodgers asked how they would be protected during construction. Director Tom Sullivan cautioned that this area does not want to be blocked off. Commissioner Uhl asked why the applicants did not support the idea of a Study Session. Mr. Joe Barbano replied that it was a time issue and that they had worked diligently with staff on their proposal. Mr. Steve Borlik, Project Architect: • Reminded that this is one property and that there is some desire to preserve this single building theme yet break it up into components. • Said that they have raised the parapet to hide equipment and that heights vary a bit. • Reported that cornice moldings have been picked to give the buildings individual character. • Stated that their original colors proposed offered too much contract that staff felt was too much. • Assured that the issue of color is completely open. Commissioner Uhl said that he likes the idea of the middle structure being a bit higher as well as the suggestion to use wood windows. Said that minor changes are needed to break it up a little. Mr. Steve Borlik: • Said that they worked with staff for a long time. • Reported that when they realized the July meeting was full, they were offered a Study Session to be held tonight. However, their client wanted to move forward with the application. • Assured that they are not interested in putting a strip mall in that corner. They are taking a minimalist approach in design. • Said that they had tried to accentuate what had originally been done with different windows and doors. • Reminded that the eight-foot wide pedestrian walkway opens all three spaces to the sidewalks. Saratoga Planning Commission Minutes of August 25, 2004 Page 8 • Advised that he spent the morning walking the Downtown. Commissioner Hunter said that just because something was allowed in the past does not mean it would be allowed now. The Commissioners serve as stewards of the community too. She reminded that Palo Alto, where the architectural firm is located, also cares a great deal about its community. Commissioner Uhl said that this project is not there yet. It is not unique enough yet for this critical corner. Mr. Steve Borlik said that they are open to different window treatments and that they followed the guidelines as written. Commissioner Hunter said that it was unfortunate that the applicants did not meet with the Planning Commission at its site visit. Mr. Steve Borlik said that due to the written information they received, they were unaware that attendance was required or even recommended. It appears from the written documentation that it is intended that the applicant make its case during the public hearing itself. Commissioner Uhl said he could understand the desire to get this project built fast. Commissioner Rodgers said that she likes the concept of taking the building back by removing artificial architectural elements. Mr. Steve Borlik said that they are willing to meet on site with the Commissioners and apologized for misunderstanding the importance of that step. They were under the impression that they were not supposed to be there. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter said that she is distressed by this project as she feels that this is one of the most important corners in the Village. She loves it too much to just put up whatever comes before us. Commissioner Nagpal said that the applicant should be given specific guidelines from the Commission and questioned whether a Study Session is required at this point. Chair Garakani sought comments and suggestions from the Commission on how each feels about the project and what can be done to correct concerns. Commissioner Hunter said that this is a very square box, a modern contemporary building. The historic Village that is Saratoga's is one of the few such left in the Santa Clara Valley and must be retained. Chair Garakani said there are two choices, to leave the building as it is today or come up with some scheme to fix it. Asked if the Commission is supportive of the modernization of this building. Commissioner Rodgers: • Said that what is there now is sad and dilapidated. Saratoga Planning Commission Minutes of August 25, 2004 Page 9 • Questioned what elements should be emphasized since the historic significance of the building is in . question. • Said that a square box would not meet the needs. • Suggested that more aspects could be incorporated to better blend in this project but she is not prepared to give that tonight. Commissioner Nagpal suggested that the applicant now revise their plans to incorporate what has been said this evening. Commissioner Uhl reiterated that the project needs to be more unique, have more character, incorporate different building heights, and incorporate wood windows and perhaps circular window elements. The project needs to be more unique and exciting as this is an important corner of Saratoga's Village. However, this project is not all that far off. Commissioner Schallop pointed out that there is no majority to approve this project tonight and suggested that the applicant be given the option to receive a vote tonight, a continuance and/or the scheduling of a Study Session. Chair Garakani re-opened the Public Hearing for Agenda Item No. 1. Chair Garakani asked the applicants if they want a vote or a continuance this evening. Mr. Steve Borlik said that he respectfully asks for a Study Session. • Commissioner Uhl said it is important to save some historic character of the building. Commissioner Hunter pointed out that it was previously known as the Hogg Building. Director Tom Sullivan suggested that the project be continued to a date uncertain. The project would be re-advertised and an on-site Study Session would be scheduled. Commissioner Uhl asked how the process could be accelerated. Director Tom Sullivan replied that the only way is to vote on the proposal tonight. Commissioner Hunter said that she wants the owner to be proud of this building. Mr. Steve Borlik asked if the project could return to the next meeting. Commissioner Nagpal pointed out that there are Study Sessions already set for the two September meeting nights. Mr. Steve Borlik said that if no vote is taken this evening, this project is delayed another month and a half. • Director Tom Sullivan said that staff could schedule a separate Study Session, which would be scheduled as soon as possible upon coordination of schedules. He said that other projects already advertised couldn't be bumped from the schedule. Sazatoga Planning Commission Minutes of August 25, 2004 Page 10 Mr. Steve Borlik said he does not want to sit still for two months. Commissioner Uhl said that Director Sullivan would set the Study Session within the next two weeks. Commissioner Nagpal suggested that the architects revise their plans based upon this evening's comments prior to the Study Session. Commissioner Uhl suggested that the Study Session discussion could occur during the site visit. Director Tom Sullivan suggested that the continuance could be to the Public Hearing on September 22nd Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the Planning Commission continued consideration of Application #04-178 (facade renovations to commercial structures located at 14410 & 14416 Big Basin Way and 20506 Saratoga-Los Gatos Road) to the Planning Commission meeting of September 22, 2004, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop, Uhl and Zutshi NOES: None ABSENT: None ABSTAIN: None **x~ • PUBLIC HEARING -ITEM N0.2 APPLICATION #03-112 (517-21-004) CHENG, 20045 Mendelsohn Lane: The applicant requests Tentative Pazcel Map approval to subdivide a parcel located at 20045 Mendelsohn Lane into three parcels. Pazcel 2 and 3 would include a new building site. An existing single-family residence is located in the proposed building envelope of Pazcel 1. The existing pazcel is 2.63 acres or 114,563 squaze feet. The proposed net parcel sizes include Pazcel 1 would be 35,289 squaze feet, Parcel 2 would be 21,400 square feet and Pazcel 3 would be 20,284 square feet. The property is zoned R-1-20,000. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking approval of a Tentative Parcel Map to subdivide a pazcel into three parcels. • Explained that there is an existing single-family residence on Pazcel 1. • Said that of the original parcel, which is 1.77 acres, Pazcel 1 would consist of 35,289 square feet; Parcel 2 would consist of 21,400 square feet and Pazcel 3 would consist of 20,284 squaze feet. The property is zoned R-1-20,000. • Added that Design Review approval would be required in the future to construct single-family residences on Parcels 2 and 3. • Said that a Creek Protection Easement is in place that limits construction near the creek. • Additionally, the Coopers Hawk that nests on the property would be protected. • Said that no trees would be impacted and that existing trees do not prevent the development of these parcels. Saratoga Planning Commission Minutes of August 25, 2004 Page 11 • Stated that the project meets and exceeds the minimum lot sizes. The width, depth and frontage • requirements are met and exceeded. The building envelopes are ample. • Recommended approval. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Mr. David Cheng, 20045 Mendelsohn Lane, Saratoga: • Said that he has resided here since 1995. • Advised that his engineer, Jitka Cymbal, from Westphal Engineering, is available for questions. • Stated he too is available for any questions from the Commission. Ms. Jitka Cymbal, Project Engineer, Westphal Engineering: • Said that they are dividing a property, half of which is currently undeveloped. • Stated that they are creating two additional parcels from one. • Added that eventually two more homes would be constructed. • Said that she has nothing to add to the staff report but is available to answer any questions. Commissioner Zutshi asked if there is a water problem. Ms. Jitka Cymbal said that there are no flooding records. The FEMA map shows this property as being ranked the same as the rest of Saratoga in regards to flooding potential. Commissioner Rodgers asked about the requirement for rolled curb at Saratoga-Los Gatos Road. Ms. Jitka Cymbal said that this is a Public Works condition. The Public Works Department is currently studying the issue and is not yet sure what the end result will be. The suggestion was made to have an in-lieu fee paid to meet the final requirement. Mr. Jeff Thurman, 20017 Mendelsohn Lane, Saratoga: Said that he has no objections. Said that in the last eight years, there have been no water problems. Chair Garakani closed the Public Hearing for Agenda Item No. 2. Commissioner Nagpal said that she has no problems with this project. There is a lot of land here, the slopes are consistent and the project meets requirements. She asked if there would be any non- conforming setbacks with the existing house. Associate Planner Christy Oosterhous replied no. Commissioner Nagpal said that the access road will serve these three parcels and that she supports the application. Commissioner Schallop had no comment. • Commissioner Rodgers asked if the addresses would be the same. Saratoga Planning Commission Minutes of August 25, 2004 Page 12 Director Tom Sullivan replied no. New addresses would be assigned for the two new parcels during the issuance of building permits. Commissioner Hunter thanked Mr. Cheng for his thoroughness, which had all the neighbors in support. She said he did a fine job and expressed her pleasure that the Coopers Hawk nest would be protected. Wished Mr. Cheng luck with his project. Commissioner Zutshi said she had no comment but recognized that a lot of work was done. Commissioner Uhl agreed that the neighbor comments were great and the project well handled by Mr. Cheng. Chair Garakani agreed. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission approved a Tentative Parcel Map (Application #03-112) to subdivide a parcel, located at 20045 Mendelsohn Lane, into three parcels, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop, Uhl and Zutshi NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING -ITEM N0.3 APPLICATION #01-002 (397-OS-006) BRIZGYS, 14529 Evans Lane: The applicant requests Tentative Parcel Map approval to subdivide a 120,661 square foot lot (2.77 acres) with an existing residence into two separate building sites. The existing residence would be retained on Parcel 2. Parcel 1 would include a new building site. Parcel 1 is 40,001 square feet and Parcel 2 is 68,920 square feet. The property is zoned R-1-40,000. (CHRISTY OOSTERHOUS) r~ Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking a Tentative Parcel Map approval to subdivide a parcel into two. Parcel 1 will consist of 40,001 square feet and include a new building site. Parcel 2 will consist of 68,920 square feet and has an existing residence. The property is 2.5 acres net and the zoning is R-1-40,000. The land use is Low Density Single Family Residential. • Explained that access is from an access easement from the public right-of-way. • Said that a condition of approval for Lot 1 will require that the site development plan reduce perception of bulk and work with the slope through a stepped down/terraced designed house. • Reported that one tree (#37) is not expected to survive. Additional analysis will be done when the lot is developed. • Said that the lot size meets and exceeds minimum dimensions. The lots are regular in shape and rectangular. There are ample building envelopes. • Recommended approval. Saratoga Planning Commission Minutes of August 25, 2004 Page 13 Commissioner Hunter asked staff to clarify that a house could be built on the new parcel as far off as 25 years from now. Director Tom Sullivan replied correct. The approval of this new pazcel lasts forever. Commissioner Hunter asked if the building envelope could be changed. Associate Planner Christy Oosterhous said that the building pad could be relocated within the building envelope. Director Tom Sullivan said that setbacks could change. If so, the envelope could change. Commissioner Hunter asked if a Geotechnical report was prepazed. Associate Planner Christy Oosterhous replied yes. Commissioner Nagpal asked if these are build able lots. Associate Planner Christy Oosterhous said that the lots have cleazance. Commissioner Rodgers asked about the address numbers. Director Tom Sullivan said that the street address assigned is based upon which street emergency • vehicles access a parcel, or where the lot meets the public road. Associate Planner Christy Oosterhous suggested that the applicant could clarify this. Chair Gazakani opened the Public Hearing for Agenda Item No. 3. Mr. Ray Brizgys, Applicant and Property Owner, 14529 Evans Lane, Saratoga: • Said that he has lived in Sazatoga for eight or nine years now. • Said that the property is from his in-laws. • Advised that most of the property is not developed. Pazcel 1 is undeveloped. Said he was available for questions. Chair Gazakani asked from what street would Parcel 1 be accessed. Mr. Ray Brizgys replied Cordwood Court. This is a flag lot. He added that his own access for Lot 2 is from Evans Lane, for which he has an easement from his neighbor. Chair Garakani closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Nagpal, the Planning Commission approved a Negative Declaration for the Tentative Parcel Map application for property located at 14529 Evans Lane, by the following roll • call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop, Uhl and Zutshi NOES: None Saratoga Planning Commission Minutes of August 25, 2004 Page 14 ABSENT: None ABSTAIN: None • Motion: Upon motion of Commissioner Zutshi, seconded by Commissioner Hunter, the Planning Commission approved a Tentative Parcel Map application for property located at 14529 Evans Lane, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop, Uhl and Zutshi NOES: None ABSENT: None ABSTAIN: None DIRECTOR'S ITEMS *** There were no Director's Items. COMMISSION ITEMS Director Tom Sullivan suggested that the language concerning the site visit notification to applications be modified to encourage attendance by the applicant during the Commission's site visits. COMMUNICATIONS City Council Minutes from Regular Meeting on July 7, 2004, Special Meeting on July 26, 2004 and . Joint meeting on July 6, 2004. AD TOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Schallop, Chair Garakani adjourned the meeting at 8:43 p.m. to the next Regular Planning Commission meeting of September 15, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • Item 1 • • • REPORT TO THE PLANNING COMMISSION ~ Applicant No./Location: UP 04-161; 14000 Fruitvale Avenue (West Valley College) ~ Type of Application: Applicant: Staff Planner: Use Permit for an Emergency Generator & Modification to Approved Plans Verizon Wireless Christy Oosterhous, Associate Planne> Date: September 8, 2004 APN: 397-15-018, 397-14-022, 397-13-030 Department Head: 14000 Fruitvale Avenue (West Valley College) 000~~~ EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed PROJECT DESCRIPTION 05/26/04 07/26/04 08/26/04 08/18/04 09/02/04 Pursuant to a recently adopted ordinance which requires use permit approval for emergency generators the applicant has applied to install an emergency generator at the site of an approved wireless facility. Two additional modifications to the approved plans are also proposed. These modifications include increasing the lease area by 75 square feet and enclosing the equipment with an 8-foot chain link fence. STAFF RECOMMENDATION Approve the use permit application and modification to approved plans with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Noise Study, dated May 21, 2004. 3. Recently adopted ordinance for generators. 4. Letter of authorization from West Valley College. 5. Affidavit of mailing notices, public hearing notice, notification. 6. Plans, Exhibit "A." and mailing labels for project • • • 0®~~®~ Application No. 04-161, 14000 Fruitvale Avenue, West Palley College • STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN: Residential-Very Low Density MEASURE G: Not applicable PARCEL SIZE: Approximately 23 acres AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: The generator will be painted to match the existing equipment and theater building. ENVIRONMENTAL DETERMINATION: T'he proposed project which includes installation of equipment is categorically exempt from the Envirorunental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. • ®~U®®3 Application No. 04-161, 14000 Fruitvale Avenue, West Valley College PROJECT DISCUSSION • The applicant requests use permit approval to install an emergency generator at the location of an approved wireless facility located on the West Valley College campus. The college campus is located within an R-1-40,000 zoning district. Several wireless carvers are located at this site. The emergency generator will be placed on the ground at the northeast corner of the theater building with other equipment cabinets and equipment approved in the Spring of 2004. Modifications to the original use permit approval also include the following: 1) increasing the lease area from 12' x 25' to 15' x 25' (a total increase in area of 75 square feet); and 2) enclosing the lease area with an 8-foot chain link fence. By way of background, in Spring of 2004, the applicant obtained use permit approval for the installation of 12 panel antennas and two GPS antennas to be located on the roof of the West Valley College theater building. Prefabricated fiberglass equipment cabinets were also approved to be located on a concrete pad. The previously approved use permit application included removing 16 Metricom panel antennas and equipment. A recently adopted zoning ordinance requires use permit approval for emergency generators to protect citizens of the City from excessive, unnecessary, and unreasonable noises. The applicant has submitted a noise assessment study, which confirms that the generator meets all applicable requirements of the City Code concerning noise. The noise study is attachment 2 of this report. The emer enc enerator is necess for the a licant (Verizon Wireless Facilities) to • g Y g ~' PP provide consistent connection for the wireless customers during emergencies such as earthquakes or blackouts. The proposed generator will run for twenty minutes a week for testing. During emergency situations the proposed generator will supply back-up power for a maximum of four hours. Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff recommends the planning commission approve of the proposed project based on the following findings: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually and acoustically unobtrusive and that the impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the generator will be operated under the noise restrictions of the municipal code to protect the citizens of the City from excessive, unnecessary, and • unreasonable noises. 0®~~®~ Application No. 04-161, 14000 Fruitvale Avenue, West Palley College . • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the noise levels and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the proposed generator will be painted to match the building and the other equipment. Conclusion The project satisfies all of the findings required within Section 15-55.070 of the City Code. The generator and modifications to approved plans are not expected to be detrimental to the public health, safety or welfare nor is it expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to antenna facilities and noise controls. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve use permit application number 04-161 including modifications to approved plans by adopting the attached resolution of approval. • • ®~~®®S • Attachment 1 ©®®®®~ Application No. 04-161, 14000 Fruitvale Avenue, West Valley College • RESOLUTION NO. Application No. 04-161 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Verizon; 14000 Fruitvale Avenue (West Valley College) WHEREAS, the City of Sazatoga Planning Commission has received an application for use permit approval and modifications to approved plans to install an emergency generator and a chain link fence; and to increase the lease azea by 75 squaze feet at West Valley College; 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 includes the installation of equipment 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 installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually and acoustically unobtrusive and that the impact of the facility will be less than significant. b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the generator will be operated under the noise restrictions of the municipal code to protect the citizens of the City from excessive, unnecessary, and unreasonable noises. c) That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the noise levels, location and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new generator will be painted to match the building and the other equipment. NOW, THEREFORE, the Planning Commission of the City of Sazatoga does hereby resolve as follows: ©®~®~~ Application No. 04-161, 14000 Fruitvale Avenue, West Palley College Section 1. After careful consideration of the site plan, architectural drawings, plans . and other exhibits submitted in connection with this matter, application number 04-161 for Use Permit Approval be and the same is hereby granted subject to the following conditions: 1. The proposed generator, fencing and lease area shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 3. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 4. 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 to the applicant's project. 5. The generator shall operate for maintenance purposes no more than 20 minutes a week. To minimize disturbance to students and residents, the college and/or City • staff may specify the time of day and/or day of week of the 20-minute maintenance operations. 6. The generator may operate during emergency situations defined as events similar to and including black-outs and earthquakes. During an emergency situation the generator shall run for a maximum of four hours. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 8`h day of September 2004 by the following roll call vote: ~1, OQ~'~®~8 Application No. 04-161, 14000 Fruitvale Avenue, West Palley College • 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 ®~~~~~ • Attachment 2 • ®®~®~o Consultants m ACOUStiCS 8 AudiON~sua System Oesrr- t3o sonar srrPer San Francisco Caldorrna 9a'oa Tel: 415 397 0442 Fax: a15 397 U454 crosalter~crosaltsr com www.crosalter,com Charts M Seher pE Dsvrtl R Schwrno FAGS Mthpny P Nasr, PE Ew DueSMr Thomas A 6rfr:n~7~wr PF ~ian T Roec~ JuM C Frwytag. r'E Harcltl S GdAM~g, of Kennett. W Graven PE. Trrwthy M Der ErK ~ eroaan„!s~ PE MKhnal D ToV, PE Ournnd R 8egau!t. Pn D. Bober, 9 Skye ROSS A JB rO7.i.~' Pruhp N $ag7ltt5 Jayryn R Duty Cn~nno ~. I.t:ye: J~rhp A ldaL;.~. Rahe<? P A.Nans;c Jury G U'Angu'a BrrHn 6ru61aU Joe L'roc.n,.• r. Brenda R Yr! Er:; AYee Tromp i mr-. c.. iW+~d!~ K~nfn~'• ~4g'rra John<I,.,, Ma'~.. ^ No^ ~r:. Ra`yk0 KurOSr; 1.~ Charles M S a l t e r May 21, 2004 Thesha Blas Cal Com Systems 2001 Omega Road # 100 San Ramon, CA 94583 Fax: (925) 362-9526 ~"'~~ 41_ ~'. _ ~. .: ' .. dap+' •'.. ;" a? ;j?. ~:-. ~: p +.' r' r5 4 ' A s s o c i a t e s I n c Subject: Verizon Generator Noise Study West Valley College Site -Saratoga, California Dear Thesha: This letter summarizes our noise study of a backup generator for a Verizon Wireless cell phone antenna to be located at West Valley College Campus at 14000 Fruitvale Avenue in Saratoga, California (see Overall Site plan, attached). In summary, the generator with enclosure will meet the City's Zoning Ordinance at the nearest property lines. DESCRIPTION The purpose of our work is to estimate future noise levels from the Verizon Wireless backup generator at the nearest campus property lines and compare these levels with the allowable levels outlined in the City's Municipal Code. We have not evaluated the effect of the generator on adjacent college buildings and grounds. You have provided us with manufacturer's sound data for a Generac 60 kW Diesel generator with a Series 2000 Sound Attenuated Enclosure marked Level II Reduction. In summary, this package generates 65 dBA' at 23 feet under full load. The project site is located adjacent to the northeast corner of the Theater building. The building surrounds the site on the east and south sides, and an earthen berm separates the site from Parking Lot 1 to the north, and other campus buildings to the west. t A-Weighted Sound Level - A term for the A-Weighted sound pressure level. The sound level is obtained by use of a standard sound level meter and is expressed in decibels. Sometimes the unit of sound level is written as dB(A). O®O®11 Thesha Blas 21 May 2004 Page 2 • ACOUSTICAL CRITERIA Section 7-30.040 of the City's Municipal Code defines ambient noise standards for various land uses and times of day. The most restrictive criterion limits outdoor noise from mechanical equipment to 45 dBA at residential property lines during the nighttime hours. The City has indicated that this standard should apply to the campus property line adjacent to residences2. ANALYSIS AND FINDINGS The nearest residences are located to the east and north of the project site. Based on the sound data provided, we have calculated noise levels at these property lines. Estimated sound levels from the generator with enclosure are below 40 dBA at the east and north campus property lines. Therefore, no mitigation is required. Please call if you have any questions. Sincerely, CHARLES M. SALTER ASSOCIATES, INC. Josh M. Roper Senior Consultant JMR Encl: 2 Telephone conversation with Christie Olsenberg, May 18'" 2004. S Charles M Salter Associates Inc ~ =~'~~'~ 5ar F'~^= ~~ ~ ~ -~'~° '~ •'~ a9? oaaz ~~®'l./~~~ I~q'~~1 IM h 1~~+0 M~~A rt~Mlf ^YA1i Q ~ O jAYy ~ IYO I~Lti' i! ~~~~~ ~~ ~~ s \//~~ ~~ ~ 4< ~~ \~ ~ W 2S 1 • • ~a•r. `L% ~~} a~~~/J 3~~,,0 ~ lS y3 .~ ~: 1 ' c` :\~~ ~ E ma 4 / ~`~,% ~~ / ~~~~~3 ~ A ~'%~ / ~ ~" ~ O ::' `~ •1`~ ~.' Z ~ ~S J,. \~\'~:~~~1ti~~~ ~ ~ .)% J~ _ ~~ \~ ~` .. R ~~ ~ I ~~ / J,• ~. ~~y s e , " ~~~' ~ aaaSaa ~ ~ 9 Y ~ ~ ~ W ~ ~ V~ ^ N ~ ~ N •- III ~ ~ a=g^~R ~ Q ~ ~ ~ ~ ~ ~ 444444 ~ 9 fi w~ w p>y0 MQK Attachment 3 • ~®~®~4 ORDINANCE 231 AN ORDINANCE AMENDING ARTICLE 15-80 MISCELLANEOUS REGULATIONS RELATING TO EMERGENCY OR STANDBY GENERATORS AND HEATING, VENTALATION AND AIR CONDITIONING EQUIPMENT THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: ^ The proposed Ordinance amendment regulating the location and noise emission of Emergency or Stand-by Generators and Heating, Ventilation and Air Conditioning equipment (HVAC) is in accord with the objectives of the City of Saratoga General Plan wherein it is stated that the Noise Element of the General Plan states, "The Noise Element is intended to be used by the community in the goal of preserving the quiet residential environment of Saratoga by conditioning noise to levels that are compatible with existing and future land uses, and by preventing increases in noise levels where noise sensitive land uses are located. " ^ The proposed Ordinance amendment regulating the location and noise emission of Emergency or Stand-by Generators and Heating, Ventilation and Air Conditioning equipment (HVAC) is in accord with the objectives of the City of Saratoga Noise Ordinance in that in 7-30.010 (Purposes of Article) declares the following "This Article is adopted for the following purposes: . (a) To protect the citizens of the City from excessive, unnecessary, and unreasonable noises from any and all sources in the community subject to regulation and control by the City; (b) To maintain and preserve the quiet residential atmosphere of the City; (c) To implement the goals and policies contained in the Noise Element of the City's General Plan; (d) To establish noise standards for various land uses and activities within the City; (e) To prohibit noise which disturbs the peace and quiet of a neighborhood or causes discomfort or annoyance to persons of normal sensitivities. " Section 2. Adoption. That Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS of the Saratoga City Code sections are amended to read: Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.030 Special rules for accessory uses and structures in residential districts. The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district: (a) Stables and corrals. No stable or corral, whether private or community, shall be located closer • than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent. Q®~®~~ (b) Swimming pools. No swimming pool or accessory mechanical equipment shall be located in . a required front, side or reaz yard, except as follows: (1) A swimming pool and accessory mechanical equipment maybe located within a required reaz yazd, but no closer than six feet from any property line. Any portion of such swimming pool that • is located outside of the reaz yard shall comply with the side yard requirements for the site. (2) If the required minimum side yard is more than ten feet, accessory mechanical equipment maybe located within such side yazd, but no closer than ten feet from the side yazd property line. (c) Recreational courts. Recreational courts shall comply with all of the following restrictions, standards and requirements: (1) The recreational court shall not exceed seven thousand two hundred squaze feet in area. (2) The recreational court shall not be illuminated by exterior lighting. (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front yazd or any required side yazd. Such courts may be located within a required reaz yard, but no closer than fifteen feet from any property line. (6) The natural grade of the azea to be covered by the recreational court shall not exceed an average slope often percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the Planning Director, so as to create a complete landscaping buffer from adjoining properties within two yeazs from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Planning Director, shall be furnished to the City to guazanty the installation of the landscaping improvements in accordance with the approved landscaping plan. (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, . erosion or earth movement. (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of--way on or in the vicinity of the site. (d) Enclosed accessory structures. No enclosed accessory structures shall be located in any required yazd of any lot, except as follows: (1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, cazports, recreation rooms, hobby shops and other similaz structures maybe located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height often feet if the structure is still located within the required reaz yard. (2) Subject to approval by the Community Development Director, gazden sheds, structures for housing swimming pool equipment and other enclosed structures of a similaz nature, not exceeding two hundred fifty squaze feet in gross floor area, maybe located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height often feet if the structure is still located within the required reaz yazd. This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unenclosed garden structures. Subject to approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains maybe located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of • setback from the side and reaz property line in excess of six feet, up to a maximum height often feet if the structure is still located within a required side or rear yazd. (f) Solar panels. Subject to approval by the Planning Director, solar panels not exceeding six feet in height may be located within any portion of a rear yazd. ~~~®g~ (g) Barbeques. Permanent bazbeques, such as those constructed out of brick or masonry, maybe ' located no closer than six feet from the rear property line and shall not exceed four feet in height. (h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section, • accessory structures not exceeding fourteen feet in height maybe located in a required reaz yazd in any R-M district, provided that not more than fifteen percent of the reaz yard azea shall be covered by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the reaz property line than the required side yard on the abutting lot and not closer to the exterior side property line than the required front yazd of the abutting lot. (i) Refen al to Planning Commission. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections (d)(2), (e) and (f) of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. (j) Modification of standards. The Planning Commission shall have authority to modify any of the regulations set forth in subsection (d), (e), (f) or (g) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear yard, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. (Amended by Ord. 71.86, 1990; Ord. 71.98 § 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 § 1, 1998) (k) Emergency or Stand-by Generators. No emergency or stand-by generator shall be allowed between the lot line and any required front, side or reaz yard setback line. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning Noise. Outside a required front, side, or reaz yard, an emergency or stand-by generator may be permitted upon the granting of a Conditional Use Permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified Acoustical Consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7-30 concerning Noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal ofnon-conforming generators maybe required as a condition of approval for any design review application involving expansion or reconstruction of more than 50 percent of the main dwelling. (1) Heating, Ventilation and Air Conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or reaz yard setback line. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning Noise.. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal ofnon-conforming HVAC equipment maybe required as a condition of approval for any design review application involving expansion or reconstruction of more than 50 percent of the main dwelling. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, pazagraph, • sub-pazagraph, sentence, clause and phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. O~~D®1`7 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the May 19, 2004, and was adopted by the following vote following a second reading on the June 2, 2004: AYES: Councilmember Norman Kline, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT: Councilmember Stan Bogosian, Nick Streit ABSTAIN: None APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY • • • Q~~~Dg8 ANN WALTONSMITH, MAYOR • Attachment 4 • 0~'~®~~ LETTER OF AUTHORIZATION ~ [~~~~ ~~ JUG 2 6 2004 CITY pF SARATpGA TO: CITY OF SARATOGA """T" rrvFf anti.,,.-, APPLICATION FOR ZONING/USEBUILDING PERMIT WEST VALLEY JOINT COMMUNITY COLLEGE DISTRICT, as owner of the below-described property, does hereby appoint Verizon Wireless and its contractors as agent for the purpose of consummating any application necessary to ensure Verizon Wireless their ability to use and/or construct improvements to the property licensed to them for the purpose of constructing a communications site. We understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. We hereby authorize employees of the City of Saratoga to enter upon the subject property during normal business hours as necessary to inspect the property for the purpose of processing this application. Located at: 14000 Fruitvale Avenue, Saratoga, CA 95070 Assessor's Parcel Number: 397-15-018 Signature of Property Owner: ~,_. _.-/ 3 _ _ ~-- ..~ '~ Vame: G~' d ~ ~ ~ _ ~ > ~ ; title: 2 ~ ! G ~ _ '~-. date: ~ L_ • • Site #: 1500272163 /West Valley College ®O®O~O • Attachment 5 QQ~~21 AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~ ' ~ ~`~ ~~~ ,being duly sworn, deposes and says: that I am a citizen of the United States, over t~h~e age of 18 years; that acting for the City of Saratoga JJv Planning Commission on the (U day of 2004, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. ~~ Oy Signed • ~®®~D2~ City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 8`h day of September 2004, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Thursday from 7:30 a.m. - 5:00 p.m. APPLICATION #04-161 (397-15-018, 397-14-022, 397-13-030) Verizon Wireless, West Valley College 14000 Fruitvale Avenue; The applicant requests use permit approval to install an emergency generator at the location of an approved wireless facility located on the West Valley College campus. The college campus is located within an R-1-40,000 zoning district. Several wireless carvers are located at this site. The emergency generator will be placed on the ground at the northeast corner of the theater building with other equipment cabinets and equipment approved in the Spring of 2004. Modifications to the ongmal use permit approval also include the following: l) mcreasmg the lease area from 12' x 25' to 15' x 25' (a total increase in area of 75 square feet); and 2) enclosing the lease area with an 8-foot chain link fence. 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. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The Ciry uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of -date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christy Oosterhous Associate Planner 408 868-1286 coosterhous@saratoga.ca.us ~®®®~~ • • uYe-ero Iszel ^•d W I I I I < m oooaa[eletel•~w Dove-erotseel•~wa ~ C7 1e998 VJ'MA~•btl e09ro 1l'J'~nuq V W ~ ~} ~ ~ N N N N (ri O M w.em•e ..ie~ o~-z P••N ty.y~pgp Dove . 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Livingstone, AICP, Associate Planner ,1~.~~ Project Modification VVV September 8, 2004 517-22-003 Department Head ~~~i~j- ~ - ~• Q Hill Ave 20200 500 ft radius ~ ~ ®Hill Ave 20200 ~ Q Hill Ave 20200 parcels w Rhin 500 ft ~. ~ ~ ~. o \ N ZD ir, ~ / n. s I > ' ~~~ ~C - . ~~o ont o Aso 0o so o ~r •I 1 20200 Hill Avenue oooocr~. EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 05/25/04 07/22/04 08/25/04 08/20/04 09/03/04 Request for Modification of Building Plans and Development Conditions to the previously approved new one story house. The minor modifications include changes to the floor plan, height and design. The proposed building footprint and setbacks will remain the same. The proposed floor area will remain the same at approximately 7,402 square feet including a three-car garage. The 3,086 square foot basement will also remain the same. The maximum building height of the residence will not exceed 26 feet. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40,000. STAFF RECOMMENDATION 1. Approve the Modification of Building Plans application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution with conditions 2. Notice, Noticing Affidavit and Noticing Labels 3. Applicant's Plans, Exhibit "A" • • OOU002 File No. 04168; 20200 Hill Avenue STAFF ANALYSIS ZONING: R-1-40,000 (Single Family Residential) GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 80,586 sq. ft. gross, 77,003 sq. ft. net AVERAGE SITE SLOPE: 3% GRADING REQUIRED: The applicant is proposing 366 cubic yards of fill and 954 cubic yards of cut. The basement is not included in this calculation. ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. Proposal Code Requirements Lot Coverage: Maximum Allowable . 23% 35% Building Footprint 7,402 sq. ft. Driveway Pavers 6,930 sq. ft. Patios, Pond and Walkways 3,532 sq. ft. TOTAL 17,864 sq. ft. 26,951 sq. ft. Floor Area: Maximum Allowable First Floor 7,402 sq. ft. 6,740 sq. ft. with a 10% (Basement) not counted (3,086 sq. ft.) secondary unit bonus TOTAL 7,402 sq. ft. 7,414 sq. ft. Setbacks: Min. Requirement Front 70 ft. 30 ft. Rear 126 ft. 50 ft. Left Side 34 ft. 20 ft. Right Side 56 ft. 20 ft. Height: Maximum Allowable Residence 26 ft. 26 ft. Detached Garages Existing N/A 15 ft. C:UvlyDocuments~Project Modifintions~iill Avc 20200 Staff Repo Modification #2.doc ooOOO ~j File No. 04168; 20200 Hill A ven ve PROJECT DISCUSSION • Background The original structure was approved as a two-story 6,730 square foot house with a 1,780 square foot basement on March 26, 2003. The applicant was issued a building permit for the original design and has started site grading and some foundation and basement work. On February 11, 2004, the applicant received approval from the Planning Commission for the first proposed project modification that changed the proposed two story structure to the current one story configuration. The applicant has now applied for a second project modification. The major difference between the approved project and the proposed project is the increase in height to a portion of the west side of the structure where two bedrooms are located. During the construction the General Contractor discovered that the gently sloping lot creates a grade change in this area. The applicant is proposing to raise this portion of the building reducing the difference of the grade to the finish floor creating a larger crawl space and increasing the height to 25 feet, 8 inches. Previously the height of the building this area was 22 feet 6 inches. The change will reduce the amount of grading for the project by approximately 200 cubic yards. Other changes to the project include elevation changes. The applicant is proposing to remove the eyebrow dormers and replace the eyebrow style entrance with a gable roof • design. The applicant is also proposing to change two single garage doors to a double. All of the proposed changes to the plans are identified with a cloud on the proposed drawings. Although staff prefers the previous design with the classic eyebrow styled dormers and entrance, the proposed design is still outstanding. The applicant is still proposing to use quality materials including a slate roof, wood windows, and stone. Design Review The proposed project implements the following Residential Design Guidelines policies. • Policy 1,"Minimi.2e Perception of Bulh" The project meets this policy in that the proposed house will have varying roof elements to visually reduce the height and bulk of the structure and breakup the elevations of the building. The applicant has proposed a landscape plan that will surround the house with trees that will reduce the visibility of the home from the public and adjacent neighbors. • Policy 2, "Integrate Structures with the Environment" The proposed project meets this policy in that the applicant has chosen a natural stone to accent the front facade with a dark gray slate roof to blend in with the existing tree canopy. The applicant is also maintaining the numerous Oak trees throughout the site in addition to • providing an extensive landscape plan around the property. C:UvlyIbcuments~Projcct ModificationsU-Iill Ave 20200 Staff Repo Modification #2.doc ~000a~ File No. 04-168; 20200 Hill A ven ue • Policy 3, "Avoid Interference with Privacy" The project will protect the privacy of the adjacent properties by maintaining the existing Oak trees that surround the property in addition to the providing an extensive landscape plan. The proposed project also provides substantial setbacks from the adjacent neighbors to the side and rear of the property. • Policy 4, "Preserve Views and Access to Views" The proposed house is not in a view corridor and will not have an adverse affect on neighbor's views. The proposed home will be located in approximately the center of the lot surrounded by landscaping and an existing Oak forest in the rear of the property. Policy 5, "Design for Energy Ef ficiency" The project meets this policy in that the location of the proposed house has not altered the solaz access of adjacent properties. The existing mature trees will provide shade and wind protection. The house will meet the State Energy Guidelines through the use of wall insulation and high-energy efficiency heating and cooling appliances. Parking The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The applicant is proposing athree-caz garage with ample open parking provided in the circular driveway. Trees The applicant is not proposing any changes to the previously approved plans concerning the landscaping or trees. The applicant currently has a tree protection bond and has continued to work closely with the City Arborist during all phases of the construction. Fireplaces The applicant is proposing all gas fireplaces. Correspondence No negative correspondence was received on this application at the date that the staff report was distributed to the Planning Commission. The applicant has shown the proposed plans to the adjacent neighbors as documented by the applicant. GENERAL PLAN CONFORMITY Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. C:~IvtyL)ocoments~Project Modifications~i-Iill Ave 20200 Staff Repo Modification #2.doc ~~~®®~ File No. 04-168; 20200 Hill A venue Land Use Element Polio The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed new house is consistent with the above General Plan Policies in that the proposed project will be located in approximately the center of a large lot with over 100 existing trees on the site and the applicant will provide approximately 100 additional trees to the site. The applicant is exceeding all setbacks for the structure that maintaining the rural character of the street and reducing the visual impact of the structure. The design of the structure will be consistent with the rural feel of the neighborhood and compatible with the adjacent surroundings with its French style windows and doors, slate roof and stone siding. Conclusion The proposed project is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the City Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the application with required findings and conditions by adopting the attached Resolution. C:~Ivtyf)ocuments~Projcct Modifications~Hill Ave 20200 Staff Repo Modification #2.doc ~ O~"OC Attachment 1 • ~QODUO'~ APPROVAL OF RESOLUTION NO.04- . CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Borelli; 20200 Hill Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for Modification of Building Plans and Development Conditions to change the previously approved new one story house. The minor modifications include changes to the floor plan, height and design. The proposed building footprint and setbacks will remain in approximately the same location. The proposed floor area will remain the same at approximately 7,402 square feet including athree-car garage. The 3,086 square foot basement will also remain the same. The maximum building height of the residence will not exceed 26 feet. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40,000; 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 proposed project consisting of construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: Policy 1,"Minimize Perception of Bulh" The project meets this policy in that the proposed house will have varying roof elements to visually reduce the height and bulk of the structure and break up the elevations of the building. The applicant has proposed a landscape plan that will surround the house with trees that will reduce the visibility of the home from the public and adjacent neighbors. Policy 2, "Integrate Structures with the Environment" The proposed project meets this policy in that the applicant has chosen a natural stone to accent the front facade with a dark gray slate roof to blend in with the existing tree canopy. The applicant is also maintaining the numerous Oak trees throughout the site in addition to providing an extensive landscape plan around the property. • Policy 3, "Avoid Interference with Privacy" The project will protect the privacy of the adjacent properties by maintaining the existing Oak trees that surround the property in addition to the providing an extensive landscape plan. The proposed project also provides substantial setbacks from the adjacent neighbors to the side and rear of the property. . ~~~~0~8 • • Policy 4, "Preserve Views and Access to Views" The proposed house is not in a view corridor and will not have an adverse affect on neighbor's views. The proposed home will be located in approximately the center of the lot surrounded by landscaping and an existing Oak forest in the rear of the property. • Policy 5, "Design for Energy Efficiency" The project meets this policy in that the location of the proposed house has not altered the solar access of adjacent properties. The existing mature trees will provide shade and wind protection. The house will meet the State Energy Guidelines through the use of wall insulation and high-energy efficiency heating and cooling appliances. The design also contains sofitted eves that create additional shade and stone siding that provides thermal mass. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and is consistent with the following General Plan Policies: Conservation ElementPolic~6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Land Use Element Policy 5.0 The Ciry shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The ro osed new house is consistent with the above General Plan Policies in that the proposed P P project will be located in approximately the center of a large lot with over 100 existing trees on the site and the applicant will provide approximately 100 additional trees to the site. The applicant is exceeding all setbacks for the structure that maintaining the rural character of the street and reducing the visual impact of the structure. The design of the structure will be consistent with the rural feel of the neighborhood and compatible with the adjacent surroundings with its French style windows and doors, slate roof and stone siding. 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, the application of Vincent Borelli 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` date stamped June 25, 2004, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. '000009 2. The following shall be included on the plans submitted to the Building Division for the . building and grading permit plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: i. A maximum of one wood-burning fireplace is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burning. ii. The site plan shall be stamped and signed by a Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks are per the approved plans." 3. The final landscape plan submitted during the building permit plan check review will need to meet all of the requirements outlined in Section 15-47 of the City Zoning Ordinance. 4. No retaining wall shall exceed five feet in height. 5. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. Any existing fences or walls not meeting the zoning ordinance standards shall be removed prior to the project being final. 6. 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. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 7. Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 8. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. 9. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hadscaped area. 10. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. • 00001 . 11. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 12. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. 13. The height of the structure shall not exceed 26-feet as defined in Section 15-06.340 of the City Zoning Code. 14. The applicant shall be responsible in contacting the City Staff to make arrangements for the City Arborist to be on site during critical construction activities that may impact any protected trees on site as determined by the Community Development Director. 15. The applicant shall work with the City Arborist to take all measures necessary to ensure the survival of tree #73. 16. The applicant shall record a deed restriction for the secondary dwelling unit that restricts it so that it may only be rented to below market rate households. PUBLIC WORKS 17. The applicant or its designated representative shall apply for and secure a grading perrrut. 18. The Project Geotechnical Engineer shall review and approve a letter prepared by JF Consulting, Inc., dated December 30, 2002, with subject Supplemental Geotechnical Evaluations, as well as all Geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. The Project Geotechnical Engineer shall specifically evaluate the sump and pump system for basement drainage. The results of the Geotechnical Plan Review shall be summarized by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to issuance of a Grading Permit. 19. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all Geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundation construction prior to placement of fill, steel and concrete. 20. The results of these inspections and the as-built conditions of the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to finalization . of the Grading Permit. 00011 21. The owner (applicant) shall pay any outstanding fees associated with the City . Geotechnical Consultant's review of the project prior to project Zone Clearance. 22. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 23. The property owner shall be responsible for drainage improvements and or damage to the existing drainage swale in the public right-of-way as determined by the Public Works Director. CITY ARBORIST 24. All recommendations in the City Arborist's Reports dated January 5, 2004, December 23, 2002, October 10, 2002 and October 11, 2002 shall be followed and incorporated into the plans. This includes, but is not limited to: a. The Arborist Reports shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. b. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note 'to remain in place throughout construction." The fencing shall be inspected by staff prior to issuance of a Building • Permit. c. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. 25. Prior to issuance of a Building, Grading or Demolition Permit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount recommended by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. 26. Prior to Final Building approval, the City Arborist or Staff shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the bond shall be released. 27. The applicant shall submit one complete set of plans with the Building Permit submittal to be routed to the City Arborist for review of the final landscape; irrigation and grading plan and any special provisions need for the maintenance of tree #73. FIRE PROTECTION DISTRICT 28. The roof covering shall be fire retardant, Uniform Building Code Class "A" prepared or • built-up roofing. (Reference Uniform Fire Code Appendix 3, City Code 16-20:210). 0~~©~~ • 29. Automatic sprinklers shall be installed in the newly constructed garage (2 heads per stall), workshops, or storage areas, which are not, constructed as habitable space. To insure proper sprinkler operation, the garage shall have a smooth, flat, hoxlzontal ceiling. The designer/architect shall contact the San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. (City of Saratoga Code 16-15.090[I]). Automatic sprinklers are also required for the residential dwelling (including the square footage of the basement). Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. A four head calculated sprinkler system is required. A licensed contractor shall install the sprinkler. 30. All driveways shall have a minimum width of 14 feet plus 1-foot shoulders. 31. Slopes form 11% to 15% shall be surfaced using 2.5" of A.C. or better on a 6" aggregate base from a public street to the proposed dwelling. Slopes from 15% to 17% shall be surfaced using a 4" PCC concrete rough surfaced on a 4" aggregate base from a public street to the proposed dwelling. 32. Provide an Early Warning Fire Alarm System throughout all portions of the structure, installed per City of Saratoga standards. 33. Provide parking for two emergency vehicles at he proposed dwelling site or as required by the fire District. 34. The width of the security gate shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from the fire department. Details shall be shown on the plans. CITY ATTORNEY 35. 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 Ciry in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 24 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • OOU®~~ PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 8th day of September 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This ermit is hereby accepted upon the express terms and conditions hereof, and shall have no P 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 • 000®14 • Attachment 2 • ~~0®~~ Ciry of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 8`h day of September 2004, at 7:00 p.m. Located in the Ciry Council Chambers at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Friday 8:00 a.m. - 5:00 p.m. APPLICATION # 04-168 (517-22-003) - Borelli, 20200 Hill Avenue; -Request for Modification of Building Plans and Development Conditions to the previously approved new one story house. The minor modifications include changes to the floor plan, height and design. The proposed building footprint will remain in approximately the same location. The proposed floor area will remain the same at approximately 7,402 square feet including athree-car garage. The 3,086 square foot basement will also remain the same. The maximum building height of the residence will not exceed- 26 feet. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40,000. 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. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of -date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. John F. Livingstone, AICP Associate Planner 408.868.1231 • ~~~®~6 • i - Q HiN Ave 20200 500 ft radius ® Hill Ave 20200 0 Hill Ave 20200 parcels w Rhin 500 ft G _ ~j N ~O _ -- -- -.__ ~p, 0~ W~ ~~ s '9i~ ~o~~ -~ -Vlonta~. - ~ 0 150 _300 p60 600- 7b0ft L ~ ~ , ~ ~~ 20200 Hill Avenue ~q Ln. P i 3 m ao~®~`~ AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, John F. Livingstone, being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the Ciry of Saratoga Planning Commission on the 20th day of August, 2004, that I deposited in the mail room at the City of Saratoga, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to- wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing • pursuant to the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application 20200 Hill Avenue; that on said day there was regular communication by United States Mail to the addresses shown above. ohn F. Livingstone P Associate Planner C7 O~U®g8 ~P 51718021 or Current Owner N R & ELIZABETH CURRY LPN 51719081 or Cun-ent Owner '.8000 AUDREY SMITH LN iARATOGA CA 95070 AGREEMENT T ARING LPN 51720014 or Current Owner ?0080 MENDELSOHN LN iARATOGA CA 95070 DAVID P & DENISE MOYLES APN S 1720017 or Current Owner PO BOX 3525 SARATOGA CA 95070 APN 51720020 or Current Owner LJ VINCENT R & SUSAN BORELLI APN 51722003 or Current Owner 20200 HILL AVE SARATOGA CA 95070 TA H LIU APN 51722008 or Current Owner 20125 WINK RD SARATOGA CA 95070 HENRYS & LISA CHANG APN 51722012 or Current Owner 15050 BONNIE BRAE LN SARATOGA CA 95070 SHEAU-DONG WU APN 51722048 or Current Owner 20150 BONNIE BRAE LN SAR.ATOGA CA 95070 ~LTER J & CATHERINE FULDE APN 51722103 or Current Owner 15164 MONTALVO RD SARATOGA CA 95070 ~ABELLE M FREDERICKSON APN 51719024 or Current Owner 20270 CALLE MONTALVO SARATOGA CA 95070 APN 51719086 or Current Owner APN 51720015 or Current Owner APN 51720018 or Current Owner MAUREEN C STURLA APN 51720021 or Current Owner 20170 BONNIE BRAE WAY SARATOGA CA 95070 HELENA L SMITH APN 51722004 or Current Owner 20152 HILL AVE SARATOGA CA 95070 HILBERT K & ROSEMARY ALBRECHT APN 51722009 or Current Owner 20190 WINN RD SARATOGA CA 95070 APN 51722013 or Current Owner APN 51722057 or Current Owner APN 51722104 or Current Owner AVID F & MARGARET ELGART APN 51719076 or Current Owner 20301 HILL AVE SARATOGA CA 95070 APN 51720013 or Current Owner FAY R WEISLER APN 51720016 or Current Owner 20161 HILL AVE SARATOGA CA 95070 APN 51720019 or Current Owner APN 51720022 or Current Owner APN 51722007 or Current Owner ANDREW T YANG APN 51722011 or Current Owner 10398 SAN FERNANDO AVE CUPERTINO CA 95014 STANFORD M SHOOR APN 51722047 or Current Owner 15177 PIEDMONT RD SARATOGA CA 95070 SCOTT L GARDNER APN 51722065 or Current Owner PO BOX 36290 SAN JOSE CA 95158 DONALD R & SHEILA CALL APN 51722105 or Current Owner 14930 MONTALVO RD SARATOGA CA 95070 000019 COUCH JOHN D TRUSTEE 6r ET AL APN: 51718021 15001 MONTALVO RD SARATOGA, CA 905070 KLINE NORMAN C AND ALLISON A APN: 51720015 20121 HILL AV SARATOGA CA 95070-6310 BELL JAMES W AND LINELLE S APN: 51720013 20090 MENDELSOHN LN SARATOGA CA 95070-6454 MEYER CARL AND MARINA APN: 51722109 20252 HILL AVENUE SARATOGA, CA 95070-6351 SCATONA INVESTMENTS LLC APN 51722108 or Current Owner 409 WASHINGTON ST 201 MONTEREY CA 93940 EMMONS W & MARGARET COOGAN APN 51722113 or Current Owner 20120 HILL AVE SARATOGA CA 95070 ROBERT M PATTERSON APN 51722118 or Current Owner 15195 PIEDMONT RD SARATOGA CA 95070 CHRISTIAN DANA O APN: 51720020 20230 BONNIE BRAE WY SARATOGA CA 95070-5900 ZAPATA RAYMOND AND KIMBERLY P APN: 51719086 28001 AUDREY SMITH LN SARATOGA CA 95070 LENAHAN JEAN D ET AL APN: 51720018 307 SEA VIEW AV PIEDMONT CA 94610 HSU NAI-TING AND CHIN HSIA TAMMY TRUSTEE APN: 51720019 14900 MONTALVO RD SARATOGA CA 95070-6328 • BREITENBACH LOUIS W AND MARY K METZ SYLVIA R AND LEONARD J APN: 51720022 APN: 51722104 20130 BONNIE BRAE WY 7280 BLUE HILL DR UNIT 1 SARATOGA CA 95070-5954 SAN JOSE CA 95129-3624 APN 51722109 or Current Owner ROHRER T JONES APN 51722114 or Current Owner 20100 HILL AVE SARATOGA CA 95070 NOORUDIN A & H BILLAWALA APN 51722110 or Current Own PO BOX 187 SARATOGA CA 95071 PEGGY M & LEO SHORTING APN 51722116 or Current Owner 15252 MONTALVO RD SARATOGA CA 95070 • OOU020 Q r... 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President Wineinger noted that the Chamber was present this evening to continue to enhance their relationship between the Chamber and the City. President Wineinger noted that a CounciUChamber AdHoc Committee has been working together for the past yeaz to enhance communications and develop better teamwork. President Wineinger requested that continued efforts be focused on the following: • Revitalization of the Business District in the City of Sazatoga o Amend the sign ordinance o Amend the hours of operations • Business Directory -need funds to distribute the directory to every resident A discussion took place in regazds to the $5,000 the City did not provide the Chamber this year for distribution of the Chamber Directory. • Vice Mayor King pointed out that the City had to make many cuts during the past two yeazs and would not have been appropriate to fully fund the Chamber. Vice Mayor King noted that it would have been hard to fund the directory when only Chamber members were listed in it. Executive Director Davis noted that the business community requested that the Directory be mailed to every resident. Executive Director Davis stated that the directory is of great value to the City because several pages are dedicated for community information with no chazge to the City. Executive Director Davis stated that the directory is not just an advertising tool. A Discussion took place in regards to the recent Montalvo Shuttle Program. Councilmember Kline introduced the Village AdHoc's Draft Village Development Plan. Councilmember Kline explained the goals and objectives, the overview of the Development Plan, Village promotion, Village design & enhancements, and Village economic restructuring. Councilmember Kline pointed out that the Development Plan would only work if the City forms a RDA. Councilmember Kline noted that the Development Plan would start out in the Village and over time spread to all if the other business districts in the City. . President Wineinger pointed out that some businesses were leaving the Gateway due to design issues with the Master Plan. President Wineinger suggested that the City seek out businesses that would increase sales tax revenue. Councilmember Kline noted responded that staff was working on all areas of Saratoga to bring in new businesses. Mayor Waltonsmith thanked the Chamber for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. Conference With Legal Counsel -Existing Litigation (Gov't Code Section 54956.9(c): (1 case) -Thompson Pacific Construction v. City of Saratoga (Santa Clara County Superior Court Action No. 104 CV021639) Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: Councilmember Nick Streit ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Ann Sullivan, Secretary to the City Manager Pete Kolf, Administrative Services Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 21, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 21, 2004 was properly posted on July 15, 2004. r~ • • City Council Minutes 2 July 21, 2004 COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ray Davies noted that he was a Los Gatos resident. Mr. Davies stated that he was present this evening to discuss to issues. Mr. Davies told the Council about an incident that happened at the Town's July 4`~ celebration involving Mayor Steve Glickman. Mr. Davies stated that Mayor Glickman, failed to read the names of the local men and women serving overseas. Mr. Davies presented the Council copies of the Los Gatos Weekly and pointed out that the editorial discussed the incident. Mr. Davies stated that the second issues he wanted to discuss were his concerns regarding the safety on Highway 9. Mr. Davies stated that he has attending several meetings in regards to this issue and recently reviewed the VTA's timeline for the project. Mr. Davies stated that the timeline only mentioned the stripping project but failed to mention the pedestrian crossing. COMMUNICATIONS FROM COMMISSIONS Glynis Wineinger, President of the Saratoga Chamber of Commerce, thanked the City Council for the opportunity to meet with them prior to the City Council meeting. President Wineinger noted that their intent is to continue to communicate with the City and to work towards some common goals that would affect all businesses in the City. President Wineinger noted that the Chamber feels that the City understands the concerns of the business and they look forward to working together to enhance all the business districts in the City. In regards to "Celebrate Saratoga", President Wineinger announced that it would be held on September 18`h from 5:30 p.m.-10:30p.m. President Wineinger stated that they are still looking for volunteers to help with this event. President Wineinger announced that the Chamber started two new projects for 2004 - networking group and Witchy Walk-A- Bout (October 31, 2004). President Wineinger state that for more information regarding Chamber events please visit their website at www.saratogachamber.org. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None • City Council Minutes 3 July 21, 2004 ANNOUNCEMENTS Mayor Waltonsmith announced the following information: • Tonight's meeting was being dedicated in memory of Andrew Bedard, a third grader who attended Saratoga Elementary School. Andrew unexpectedly passed away approximately 2 weeks ago. • Four vacancies were available on the Library Commission to fill expired terms. Applications and information regarding these vacancies are available on the City `s website at www.sarato a.ca.us or by contacting the City Clerk's Office. Deadline to file is September 9, 2004. • Town Hall meeting hosted by Senator McPherson at the Senior Center on July 23, 2004 from 6:00 p.m.- 8:00 p.m. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KIN/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 1B. ACCEPTANCE QUITCLAIM OF REAL PROPERTY FROM SANTA CLARA VALLEY WATER DISTRICT TO THE CITY OF SARATOGA STAFF RECOMMENDATION: Adopt Resolution accepting Quitclaim of Real Property from Santa Clara Valley Water District to the City of Saratoga. TITLE OF RESOLUTION: 04-056 K1NG/KLINE MOVED TO ADOPT RESOLUTION ACCEPTING QUITCLAIM OF REAL PROPERTY FROM SANTA CLARA VALLEY WATER DISTRICT TO THE CITY OF SARATOGA. MOTION PASSED 4- 0-1 WITH STREIT ABSENT. City Council Minutes 4 July 21, 2004 1C. BUILDING SITE APPROVAL FOR ONE LOT LOCATED AT 22122 MT. EDEN ROAD -OWNER: HORVATH STAFF RECOMMENDATION: • Move to adopt resolution No. BSA-02-062 granting the building site approval of application No.BSA-02-062 for one lot located at 22122 Mt. Eden Road. TITLE OF RESOLUTION: BSA-02-062 KING/KLINE MOVED TO ADOPT RESOLUTION NO. BSA-02-062 GRANTING THE BUILDING SITE APPROVAL OF APPLICATION NO.BSA-02-062 FOR ONE LOT LOCATED AT 22122 MT. EDEN ROAD. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 1D. KEVIN MORAN PARK IMPROVEMENT PROJECT -CONSULTANT SELECTION STAFF RECOMMENDATION: Select MPA Design as the consultant; Authorize City Manager to enter into a Professional Service Agreement in the amount of $40,750.00; Adopt resolution amending FY 04-04 Budget. TITLE OF RESOLUTION: 04-057 KING/KLINE MOVED TO SELECT MPA DESIGN AS THE CONSULTANT; AUTHORIZE CITY MANAGER TO ENTER INTO A • PROFESSIONAL SERVICE AGREEMENT IN THE AMOUNT OF 540.750.00; ADOPT RESOLUTION AMENDING FY 04-04 BUDGET. MOTION PASSED 4-0-1 WITH STREIT ABSENT. lE. REQUEST TO CHANGE ARTS COMMISSION MEETING TIME STAFF RECOMMENDATION: Adopt resolution approving the change in meeting time. TITLE OF RESOLUTION: 04-058 KING/KLINE MOVED TO ADOPT RESOLUTION APPROVING THE CHANGE IN MEETING TIME. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 1F. PROPERTY TAX LEVY TO SERVICE THE DEBT ON THE LIBRARY BOND STAFF RECOMMENDATION: Adopt resolution approving the increase in property taxes. TITLE OF RESOLUTION: 04-059 • Mayor Waltonsmith noted that Interim Finance Director Kolf requested that item 1 F be removed from the Consent Calendar. City Council Minutes 5 July 21, 2004 Interim Finance Director Kolf explained that at the time the staff report was prepared he had not yet received the assessed valuation of City from the County Assessors Office and consequently could not recommend the specific tax levy on the library general obligation bonds. Interim Finance Director Kolf noted that the County recently contacted him and he was able to calculate the tax levy, which is • reflected in the amended resolution. The recommend rate of the property tax level is 1.484 cents per $100 per assessed valuation. KLINE/KING MOVED TO ADOPT RESOLUTION APPROVING THE INCREASE IN PROPERTY TAXES AS AMENDED. MOTION PASSED 4- 0-1 WITH STREIT ABSENT. PUBLIC HEARINGS 2. 2004 HAZARDOUS VEGETATION MANAGEMENT PROGRAM - ASSESSMENT REPORT STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution TITLE OF RESOLUTION: 04-060 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that under State and local laws, local governments routinely abate the seasonal fire hazards of hazardous vegetation and/or combustible debris on undeveloped property. For the County and several cities, • including Saratoga, this abatement program is administered by the County Fire Marshal's office. In many cases, property owners find it convenient to have the district take care of vegetation or debris removal and to pay through a property tax lien. City Clerk Boyer explained that the City Council approved 135 parcels for inclusion in the program at the start of the season, and all were inspected at least once, and most several times during the season. A total of 32 parcels were abated by the County's contractor, which amounts to 74% voluntary compliance. This past year, the County performed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $63,051.16. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. City Clerk Boyer noted that Debbie Craver from the County Fire Marshall's Office was present this evening to answer any questions that the Council may have. Vice Mayor King stated that that the last two years the Council asked the County to sent two notices to property owners. Vice Mayor King asked if the County was complying with Council's request. • City Council Minutes 6 July 21, 2004 Debbie Craver, Program Coordinator/County Fire Marshall's Office, responded that in addition to the packet that is sent out in December and the two additional cards, the County also sent a 15-day reminder notice that was sent out two weeks before the abatement was is scheduled. • Mayor Waltonsmith opened the public hearing and invited public comments. Kim Foster noted that she was the owner of parcel #513-13-140 and was present this evening to request that the City Council waive the administrative fee of $1,345.00. Ms. Foster noted that she has lived at this property since 1997 and has always complied in a timely manner. Ms. Foster stated she did not receive the packet in December and furthermore when she received the postcard from the County it was postmarked May 28th, which only gave her less than two weeks tow, comply. Ms. Foster noted that she contacted a local contractor, Matt Novacovich, to cut the weeds before the deadline. Ms. Foster noted that Mr. Novacovich never completed the job. Ms. Foster stated that this was the first time she was not in compliance. Mayor Waltonsmith closed the public hearing. Vice Mayor King asked if the City grants the fee waiver, who would pay the administrative fee. Coordinator Craver responded that the fee would not be recovered. Coordinator noted that this particular property was abated two months after the compliance deadline. • Councilmember Kline noted that his concern regarding granting the property owner's request is that there is a procedure place, which has worked well in the past. Councilmember Kline noted that if the fee were waived for one person then more people would expect the same. Councilmember Kline stated that he does not support waiving the administrative fee. City Manager Anderson stated that when this problem happened two years ago, Council instituted the extra noticing to help property owners mitigate abatement before the County did it for them. KLINE/KING MOVED TO ADOPT RESOLUTION CONFIRMING REPORT AND ASSESSMENT OF BRUSH ABATEMENT CHARGES. MOTION PASSED 4-0-1 WITH STREIT ABSENT. OLD BUSINESS COMER DEBRIS SEDIMENTATION REMOVAL PROJECT UPDATE STAFF RECOMMENDATION: Accept report and provide direction to the Santa Clara Valley Water District regarding the Comer Bridge Sedimentation Removal Project. John Cherbone, Public Works Director, presented staff report. City Council Minutes 7 July 21, 2004 Director Cherbone noted that yesterday the Council toured the site along with the Santa Claza Valley Water District and several neighbors. The District explained that the project would begin in August to remove the sediment from the Comer Debris Basin. Director Cherbone noted that Beau Goldie from the District was 4. present this evening to further explain the project. Beau Goldie, Santa Claza Valley Water District/Assistant Operating Officer, presented that background of the project and explained the sediment removal plan. Mr. Goldie noted that the project was scheduled to start on August 2, 2004 and should take approximately 10 days. Mr. Goldie pointed out that sediment removal projects were planned for the Wildcat Creek @ Fruitvale and Wildcat Creek @ Portos. Mr. Goldie stated that three bank repair projects were planned for Sazatoga Creek upstream @ 4~' Street, Sazatoga Creek @ Walnut, and Saratoga Creek downstream @ Walnut. Mayor Waltonsmith thanked Mr. Goldie for his presentation. Bob Wallace noted that he lived downstream of the Comer Debris Basin. Mr. Wallace stated that he had no particular objection to the project but feels it is only a temporary solution. Mr. Wallace stated that a permanent solution would be to remove the bridge. Mr. Goldie stated that the removal of the bridge is scheduled in District's CIP for 2014. Mr. Goldie stated that the project could become a part of the Miller/Wazdell Project if the study shows that the removal of the bridge would help mitigate problems at Miller/Wazdell. Mayor Waltonsmith thanked everyone for attending tonight's meeting. VTA OPERATOR'S FACILITY -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Adopt resolution amending the annual budget of the City of Sazatoga for FY2004- OS to provide financing for the VTA Operator's Facility; Adopt resolution to declaze George Bianchi Construction, Inc. to be the lowest responsible bidder on the project; to award a construction contract for VTA Operator's Facility to George Bianchi Construction, Inc. in the amount of $221,148 and authorize the City Manager to execute the same; and to authorize staff to execute change orders to the construction contract, and for other miscellaneous work associated with the project up to $15,026. TITLE OF RESOLUTION: 04-061 & 062 John Cherbone, Public Works Director, presented staff report. Director Cherbone presented the background of the project. Director Cherbone explained that in a mutual effort to relocate the facility, the City of Saratoga and the Valley Transportation Authority entered into a Cooperative Agreement in December 2002. Per the agreement, the City was to provide project management and VTA was to pay all associated costs for the project up to $225,000. Of the • • • City Council Minutes g July 21, 2004 overall VTA project of $225,000 the Council approved $18,826 for architectural and engineering design services performed by Bill Gould Design. Director Cherbone stated that $206,174 remained in the budget for construction. • Director Cherbone pointed out that the project went to bid in December 2003 and all bids were considerably over the budget limit with the lowest bid of $325,000. Director Cherbone noted that staff reviewed the design and modification were made to lower the construction costs. Staff met with the lowest bidder and renegotiated a revised proposal. Based on the changes the proposal was lowered to $227,377, which included a change order in the amount of $6,229. In order to close the final budget gap, it was necessary to approach VTA for additional funding. The Mayor and City Manager met with representatives of VTA at a recent Mayors and Managers meeting to discuss the need for additional funding. Based on the discussion VTA agreed to provide additional funds in the amount of $30,000 to complete the project. Director Cherbone noted that staff was recommending that George Bianchi Construction Inc. be the lowest bidder on the project and award the construction contract to this firm in the amount of $221,148. Robert Lee thanked the City Council and VTA for supporting the project. Mr. Lee commended Director Cherbone for his diligence and dedication to the project. Bret England stated that this project has been going in on for the past 2-%i years. Mr. England thanked Director Cherbone for his diligence and hard work. KING/KLINE MOVED TO ADOPT RESOLUTIONS TO AMEND THE ANNUAL BUDGET OF THE CITY OF SARATOGA FOR FY2004-05 TO PROVIDE FINANCING FOR THE VTA OPERATOR'S FACILITY; DECLARE GEORGE BIANCHI CONSTRUCTION, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A CONSTRUCTION CONTRACT FOR VTA OPERATOR'S FACILITY TO GEORGE BIANCHI CONSTRUCTION, INC. IN THE AMOUNT OF $221,148 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT, AND FOR OTHER MISCELLANEOUS WORK ASSOCIATED WITH THE PROJECT UP TO $15,026. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 5. DESIGN SERVICES FOR BLANEY PLAZA IMPROVEMENTS -PHASE I STAFF RECOMMENDATION: Approve professional services proposal from Greg Ing and Associates in the amount of $9,500 for development of design plans for Blaney Plaza; Authorize staff to execute Professional Services Agreement with Greg Ing and Associates; Authorize staff to expend up to $7,500 for surveying and miscellaneous costs associated with the project. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the background of the project. Director Cherbone stated that at the July 7`h City Council meeting, Council directed staff to schedule a City Council Minutes 9 July 21, 2004 site visit at Blaney Plaza to discuss the level of work desired to be performed. The level of design work and associated cost would be dependent on the level of improvements made to the plaza. Director Cherbone explained the options as follows: 1) Improve Blaney Plaza per the approved Master Plan and approve design contract. This option would implement the Blaney Plaza Master Plan both in design and construction. 2) Improve Blaney plaza at a level per City Council direction and approve design contract. This option would complete the design plans per the Master Plan, but would only implement the plans at a level per Council direction. 3) Improve Blaney Plaza at a level per City Council direction and approve design contract per option 1. This would implement design plans and improvements to Blaney Plaza at a level per Council direction. Director Cherbone noted that dependent on Council direction, design plans and construction documents would be developed for the second phase of improvements to Blaney Plaza. Work would commence sometime in the late summer with the goal of completing the wok prior to the annual Holiday Tree Lighting event in November. Councilmember Kline explained that he would support spending $12,000 to finish the design but dose not want the construction phase to begin until after the State's budget is passed and the City is more financially stable. Vice Mayor King stated that she would really like to seethe Plaza completed before the holiday season. Vice Mayor King started she supports $12,00 to • complete the design work. Councilmember Bogosian noted that he would like to get the safety issues addressed. Councilmember Bogosian noted that he doesn't feel comfortable spending $12,00 on a consultant, he would rather see $12,000 spend on fixing safety issues. Director Cherbone responded that in order to mitigate the safety improvements the correct way it would take more than $12,000, but staff could make temporary repairs until the City can start the construction phase of the project. Councilmember Kline noted that he supports short-term safety solutions. Mayor Waltonsmith noted that she supports finishing the design work and fix the safety hazards. Director Cherbone noted that he would schedule a walk through with his staff to determine what they can do in house. Councilmember Bogosian asked what would be the downside in to not awarding the design contract Director Cherbone responded that if the design contract is not awarded there • would be a possibility that in a year from now the cost maybe higher. City Council Minutes 1 Q July 21, 2004 Councilmember Bogosian noted for the record that he would not be supporting the design contract but fully supports any action to fix safety issues in Blaney Plaza. K1NG/KLINE MOVED TO APPROVE PROFESSIONAL SERVICES • PROPOSAL FROM GREG ING AND ASSOCIATES NOT TO EXCEED $12,000; DIRECT STAFF TO FIX ALL SAFETY ISSUES IN THE PLAZA INCLUDING THE SIDEWALK AVOIDING ANY DAMAGE TO THE TREES. MOTION PASSED 3-1-1 WITH STREIT ABSENT AND BOGOSIAN OPPOSING. 6. RE-EVALUATION OF COMMISSION RECOGNITION EVENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Ann Sullivan, Secretary to the City Manager, presented staff report. Secretary Sullivan explained that at the Apri121, 2004 meeting Council directed staff to continue with the traditional dinner at the Saratoga Country Club. Secretary Sullivan explained that due to recent budget constraints for FY 04-OS Council may want to reconsider its original direction. Secretary Sullivan stated that an alternative to the formal sit-down dinner at the county club might be an event held at the Civic Center, either in the City Hall Court Yard or the Community Center. Secretary Sullivan stated that this alternative could be catered for approximately $5,000. Consensus of the City Council to cut costs of the Annual Commission Recognition Event to $5,000 and direct staff to contact Hakone Gardens for an alternative location. Jeff Swartz, West Valley Board of Trustee, suggested that staff contact the food service program at the College. Mr. Swartz stated that the program provides catering services and might help cut the costs of the event. NEW BUSINESS 7. REPORT ON UTILITY USER TAX ORDINANCE AND ADVISORY BALLOT MEASURE REGARDING USE OF UTILITY USER TAX REVENUES STAFF RECOMMENDATION: Accept report and provide direction to staff regarding text of ordinance and advisory measure for formal consideration by Council on August 4, 2004. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that at its meeting of July 7, 2004 the City Council received the report of the Revenue Review Committee and directed staff to prepare the necessary documentation to submit a utility user tax and companion advisory measure for voter consideration at the November election. City Attorney Taylor noted that a draft tax ordinance and a draft advisory measure were included in the City Council Minutes 11 July 21, 2004 staff report. City Attorney Taylor stated that a public hearing has been noticed for the meeting of August 4, 2004 to formally consider placing the tax and advisory measure on the ballot. City Attorney Taylor reviewed the recommendations made by the Revenue • Review Committee: • The tax would be a 5% tax on utility usage in the City • The tax would not take effect unless approved by a majority of voters voting at the next City election • The tax would sunset after 10 years • The tax would be a "general tax," meaning that it would not be earmarked for any specific purpose City Attorney Taylor pointed out that because the tax would not be restricted by the terms of the measure, Council also requested that staff prepare an advisory measure to allow voters to clarify their preferences as to how tax revenues would be used. The advisory measure states that revenues should be used for a series of capital improvement projects. City Attorney Taylor explained the exemptions stating the ordinance exempts electricity and gas users from the tax on those utilities if the user is eligible for the California Alternate Rates for Energy (CARE) program established by state law. The ordinance also allows the City Council to establish other exemptions by resolution. The CARE exemption is included in the ordinance because it is a defined exemption standard that can be administered using information already in the possession of the service supplier (PG&E). City Attorney Taylor noted that staff is not aware of comparable programs for other utilities and none of the ordinances reviewed from other cities included exemptions for other utilities based on programs comparable to CARE. Some cities include in the tax ordinance exemptions based on the user's income. These exemptions are then administered by the City, which determines a user's eligibility and then provides the exemption determination to the utility. City Attorney Taylor explained "Partial Payments" stating that the draft ordinance provides that if a user makes a partial payment to the utility provider, the provider must remit to the City the City's pro-rata share of that payment. The PG&E draft provides that partial payments shall be applied first to the bill issued by the provider and that only after that bill is paid in full shall payments be applied to the user tax. In regards to wireless services, City Attorney Taylor explained that the tax would apply to wireless telephone service as well as traditional phone service. City Attorney Taylor explained that Federal law directs the manner in which wireless service may be taxed. The rules are designed such that the tax must be applied to telecommunication services in a uniform, non-discriminatory manner, so as to avoid discriminatory taxation of its residents and to avoid creating an unfair competitive advantage to certain companies or industry sectors. • City Council Minutes 12 July 21, 2004 City Attorney Taylor noted that a voluntary statewide organization of WT public ' agencies has been formed to help promote uniformity in the application and collection of WT in California. City Attorney Taylor explained that three recommendation from the "UUT Task Force" in regards to how wireless service be taxed: A. Tax applies, regardless of where the call originates or terminates, and regardless of whether or not the call is included in a package or is billed as a separately listed call. B. Tax does not apply to separately listed calls (calls not within a package) that do not originate or terminate within the city. If the origination or termination cannot be determined, the tax does not apply. C. Tax does not apply to any call-related charges, including charges for packages that include airtime. The tax does apply to the non-call portion of the package. City Attorney Taylor noted that the draft ordinance has been structured to use option A. City Attorney Taylor noted that this option was the option used by the majority of the cities whose ordinances were reviewed. City Attorney Taylor noted that because the tax would be a general tax, the decision to submit the tax to the voters must be approved "by atwo-thirds vote of all members" of the City Council. City Attorney Taylor explained that at least four "yes" votes are required to place the measure on the ballot. City Attorney Taylor continued to explain that although a general tax requires supermajority Council approval to be placed on the ballot, it requires approval by only a simple majority of the voters to be adopted. City Attorney Taylor stated that all general taxes must be considered by the voters at a regular election for members of the City Council. In conclusion, City Attorney Taylor noted that in order to place the measure on the November 2, 2004 ballot, the Council must act no later than August 6, 2004. City Attorney Taylor explained the Advisory Measure and noted that the measure would be placed on the ballot with the WT to provide guidance to the City Council as to the manner in which revenues generated should be spent. City Attorney Taylor noted that the measure lists and describes the following priorities: • Maintaining Streets and Filling Potholes • Repair Aging Curbs and Gutters • Replace Aging Storm Drains • Sidewalk Improvements and Repairs • Building Bridges • Landscaped Medians • Civic Center Improvements • City Hall Improvements • Civic Theater Improvements • Community Center Improvements • North Campus Improvements • City Council Minutes 13 July 21, 2004 City Attorney Taylor stated that this list was based on the list of projects reviewed by the Revenue Review Committee. The City Council may wish to change the items on this list or change the level of detail provided regarding the various priorities. . In addition, City Attorney Taylor noted that the measure suggests fiscal responsibility policies that should be used by the City in managing the funds. City Attorney Taylor explained the policies: • The City should aggressively pursue other regional, state and federal funds to leverage local funds so that the infrastructure and facilities projects described above can be delivered more quickly and to allow the City to build additional infrastructure and facilities improvements that are needed to serve the residents of Saratoga. • No funds derived from utility user tax revenues should be used for staff salaries and administration. ,100% of the funds should be reserved for project delivery. • An oversight committee made up of City of Saratoga Residents should monitor the uses to which Utility User Tax proceeds are spent and report annually to the City Council and to the community. City Attorney Taylor explained that the first two policies are based on principles embodied in the Countywide advisory measure approved by Santa Clara County voters in connection with a proposed sales tax increase in 1996. The third is modeled on the oversight committee established in connection with the library bond measure. If the UUT passes along with the Advisory Measure, Vice Mayor King asked if the citizens could request another advisory measure to change the way the revenue is directed. City Attorney Taylor responded that only the City Council could place another advisory measure on the ballot. Councilmember Kline noted that he doesn't support the draft advisory measure because it is too detailed. Councilmember Kline asked if the proposed advisory measure could be challenged. City Attorney Taylor noted that the more detail the greater the risks are. Councilmember Kline requested that the City Attorney be directed to draft a general statement on the advisory measure leaving out specific projects. Councilmember Bogosian noted that he disagreed with Councilmember Kline. Councilmember Bogosian stated that the more honest and specific the advisory measure is, the better. Richard Allen, Chair/Finance Commission, explained that the Finance Commission spent several recent meetings reviewing the city budget and stated to Council that they believe the budget is under-funded. Chair Allen stated that the Finance Commission recommended structural changes at that time. Chair Allen stated that with that as a backdrop, on Monday July 19`t' the Finance Commission City Council Minutes 14 July 21, 2004 reviewed the Revenue Review Committee's recommendation for a citywide Utility Users Tax. The Commission also discussed infrastructure maintenance data ' presented by staff. Chair Allen stated that the Commission's review was limited to the information presented and their knowledge of the city budget. • Chair Allen stated that after considerable debate the Finance Commission concluded that the RRC's focus on infrastructure, which was their charter, was too limiting when citywide funding alternatives were being considered. Chair Allen stated that the Finance Commission believes that a broader set of budget issues need to be solved. Chair Allen stated that the Finance Commission recommends that the Council have more latitude on the use of the proposed funds. Chair Allen stated that the Finance Commission's recommendation is against a companion advisory measure that would restrict the Council's ability to meet the needs of the community for the short and intermediate term. Chair Allen read the Finance Commission's motion which was passed unanimously: "In order to provide an intermediate term solution to the city's budget shortfall and infrastructure deterioration, we recommend: • A Utility Users Tax • A 10-year duration • A 5% tax on Phone, Cable, Water, and PG&E • A general use tax giving the Council latitude to: o Fund Infrastructure Maintenance • o Support operations-specifically to selectively restore cuts in service levels o Rebuild reserves o Accommodate future cost increases o Solve other needs deemed critical by the Council Further, the Finance Commission will continue to advise the Council on appropriate use of funds." Councilmember Kline thanked the Finance Commission for their review of the RRC's report. Councilmember Kline stated that he supports the Finance Commission's recommendations. John Feinster, President/SASCC, stated that because they are a nonprofit group they cannot take a stand on political issues, but can offer the support of the members who have come forward. Mr. Feinster stated that many members have stated that they support the City's efforts to generate additional funds. Vice Mayor King noted that she supports a detailed advisory measure. Councilmember Bogosian stated that he does not support the propped WT as it has been presented this evening. • Mayor Waltonsmith thanked the Finance Commission and the RRC for their hard work and recommendations to the City Council. Mayor Waltonsmith noted that she concurred with Councilmember Kline that the advisory measure should be a general statement. City Council Minutes 15 July 21, 2004 Councilmember Kline added that he would not support the advisory measure as presented this evening. City Attorney Taylor stated that he would draft a more general advisory measure for Council review for August 4, 2004. Norman Siegler, Finance Commissioner, noted that City employees have not had a merit increase in two years. Commissioner Siegler stated that if the Council does not recognize this, the City wouldn't have quality employees to implement programs that maybe funded if the WT passes. Commissioner Siegler stated that the Council must consider future needs of the City. Commissioner Siegler noted that the FY 04-OS Budget was balanced only in name because many programs were cut short. Councilmember Kline noted that that the City has financial problems that affect the entire operation of the City not just the streets. Councilmember Kline noted that his concern with the advisory measure is that it will tie the hands of future City Council members who may not agree with the list of projects listed in the proposed advisory measure. Councilmember Kline noted that if we are going to have an advisory measure it should be general - to be used for streets and infrastructure. Councilmember Kline noted that his preference would not to have an advisory measure at all. Councilmember Bogosian noted that at the last meeting he indicated that he would like to see a specific tax on the ballot that would be limited to infrastructure. Councilmember Bogosian stated that he would not support the WT or the . advisory measure. Vice Mayor King noted that she supports a detailed advisory measure. Mayor Waltonsmith noted that she supports 5% WT and a general advisory measure. Mayor Waltonsmith declared a 10-minute break at 9:00 p.m. Mayor Waltonsmith reconvened the meeting at 9:10 p.m. 8. REPORT ON EMERGENCY PREPAREDNESS COMMITTEE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that as part of the discussion of the New Standardized Emergency Management System (BEMs) Multihazard Functional Plan adopted by Council on March 17, 2004, Council directed staff to convene a meeting of the emergency preparedness stakeholders as the "Disaster Council". • Assistant City Manager Tinfow stated that on July 12, 2004 the Disaster Council met and held a very successful meeting. Assistant City Manager Tinfow noted that further research indicated the need to change the groups' name since the City Council Minutes 1C July 21, 2004 "Disaster Council" refers to the City Council in times of emergency. The group agreed to call itself the "Emergency Preparedness Committee". Assistant City Manager Tinfow explained that the group is to meet annually to • confirm that the City maintains its compliance with both State and Federal emergency management requirements. Mayor Waltonsmith thanked Assistant City Manager Tinfow for her report. 9. DESIGNATION OF VOTING DELEGATE FOR 2004 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Select voting delegate for 2004 Annual Conference. Mayor Waltonsmith stated that the League of California Cities was requesting the City designate a voting delegate for the Annual League Conference to be held in Long Beach on September 17-19, 2004. Councilmember Kline noted that he was the City's representative to the League and volunteered to attend the conference. MOVED TO APPOINT COUNCILMEMBER KLINE AS THE VOTING DELEGATE AND CITY MANAGER ANDERSON AS THE ALTERNATE. MOTION PASSED 4-0-1 WITH STREIT ABSENT. • AGENCY ASSIGNMENTS Mayor Waltonsmith reported the following information: Saratoga Historic Foundation -recently attend the annual membership party at Garrod Ranch. Sister City Liaison -preparing for the Muko, Japan exchange students visit to Saratoga in September. Vice Mayor King reported the following info information: SASCC Liaison -working on their agreement with the City. Councilmember Bogosian had no reportable information. Councilmember Kline had no reportable information. CITY COUNCIL ITEMS Vice Mayor King announced that Senator McPherson would be hosting a Community Forum on July 23, 2994 in the Senior Center. OTHER • None CITY MANAGER'S REPORT City Council Minutes 1'7 July 21, 2004 None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 9:30 p.m. • Respectfully submitted, Cathleen Boyer, CMC City Clerk • • City Council Minutes 18 July 21, 2004 • MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 9, 2004 Mayor Waltonsmith called the meeting to order at 1:30 p.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Norman Kline, Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 9, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 9, 2004 was properly posted on August 6, 2004. DISCUSS AND PREPARE BALLOT ARGUMENTS IN SUPPORT OF PROPOSED ADVISORY MEASURE AND UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write argument in favor of the WT to be submitted to Registrar of Voters. Mayor Waltonsmith noted that because the City of Saratoga is a general law city, not a charter city, the ballot arguments could have a fifth person help write and sign the document. Mayor Waltonsmith suggested that the Council consider Richard Allen, Chair of the Finance Commission. Mayor Waltonsmith distributed sample ballot arguments. The City Council discussed each sample and brainstormed ideas for the final argument. City Councilmembers concurred to meet on Monday, August 16, 2004 to draft a rebuttal argument in response to the argument against the WT Measure. • City Council Minutes August 9, 2004 ADJOURNMENT Pursuant to Government Code section 54955, at its meeting of August 9, 2004, the City • Council voted (by a vote of 4-0-lwith Bogosian absent) to adjourn that meeting until Wednesday, August 11, 2004 at 12:30 p.m., at Administrative Conference Room, 13777 Fruitvale Avenue to consider item number 1 from the agenda for the August 9, 2004 meeting. Mayor Waltonsmith thanked everyone for attending the meeting. Respectfully submitted, Cathleen Boyer, CMC City Clerk • • 2 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING • AUGUST 11, 2004 Mayor Waltonsmith called the meeting to order at 12:30 p.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Norman Kline, Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk Richard Allen, Chair/ Finance Commission & Revenue Review Committee Member Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54955, the agenda for the meeting of August 11, 2004 was properly posted on August 9, 2004. 1. DISCUSS AND PREPARE BALLOT ARGUMENTS IN SUPPORT OF PROPOSED ADVISORY MEASURE AND UTILITY USER TAX • MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write argument in favor of the WT to be submitted to Registrar of Voters. The City Council discussed and reached agreement on the final arguments supporting the WT and the Advisory Measure. City Councilmembers concurred to meet on Monday, August 16, 2004 to draft rebuttal arguments in response to the arguments against the WT and Advisory Measure. ADJOURNMENT Mayor Waltonsmith thanked everyone for attending the meeting. Mayor Waltonsmith adjourned the meeting at 2:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 1 August 11, 2004 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 16, 2004 • Mayor Waltonsmith called the meeting to order at 1:30 p.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Norman Kline ABSENT: Councilmember Stan Bogosian Councilmember Nick Streit ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk Richard Allen, Chair/ Finance Commission & Revenue Review Committee Member REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 16, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 16, 2004 was properly posted on August 12, 2004. 1. DISCUSS AND PREPARE REBUTTAL ARGUMENT IN RESPONSE TO THE ARGUMENT OPPOSING THE UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write Rebuttal Argument in Response to the Argument Opposing the WT Measure to be Submitted to Registrar of Voters. The City Council discussed and brainstormed ideas for the rebuttal arguments opposing the WT and the Advisory Measure. City Councilmembers concurred to adjourn the meeting until Wednesday, August 18, 2004 to finalize the rebuttal arguments in response to the arguments against the WT & Advisory Measure. • ~~ City Council Minutes 1 August 16, 2004 ADJOURNMENT • Pursuant to Government Code section 54955, at its meeting of August 16, 2004, the City Council voted (by a vote of 3-0-1 with Bogosian & Streit absent) to adjourn that meeting until Wednesday, August 18, 2004 at 9:00 a.m, at Administrative Conference Room, 13777 Fruitvale Avenue to consider item number 1 from the agenda for the August 16, 2004 meeting. Mayor Waltonsmith thanked everyone for attending the meeting. Respectfully submitted, Cathleen Boyer, CMC City Clerk ~J 2 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING . AUGUST 18, 2004 Mayor Waltonsmith called the meeting to order at 10:00 a.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Councilmembers Norman Kline, Councilmember Nick Streit ABSENT: Vice Mayor Kathleen King Councilmember Stan Bogosian ALSO Lorie Tinfow, Assistant City Manager PRESENT: Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 18, 2004 Cathleen Boyer, City Clerk, reported that Pursuant to Government Code section 54955, the agenda for the meeting of August 18, 2004 was properly posted on August 16, 2004. 1. DISCUSS AND PREPARE REBUTTAL ARGUMENT IN RESPONSE TO THE ARGUMENT OPPOSING THE UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write Rebuttal Argument in Response to the Argument Opposing the UUT Measure and the Advisory Measure to be Submitted to Registrar of Voters. The City Council discussed the final drafts for the rebuttal arguments opposing the UUT and the Advisory Measure. City Councilmembers approved the final rebuttal arguments for Measure U & V. ADJOURNMENT Mayor Waltonsmith thanked everyone for attending the meeting. Mayor Waltonsmith adjourned the meeting at 10:00 a.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 1 August 18, 2004 ITEM 1 C REPORT TO THE PLANNING COMMISSION • • Application No./Location: #04-178 / 14410 ~ 14416 Big Basin Way, 20506 Saratoga-Los Gatos Road Applicant/Owner: Young ~ Borlik Architects/Nasser Heikali Staff Planner: Ann Welsh, AICP, Associate Planner Date: September 22, 2004 APN: 517-09-018,-044 ~¢ -043 Department Head: .. : -,. '~. ~ ~- = i ,. i i _ r~- ~ ~ ~~ ~. _ ~ ,. _. _ ~. / ~ ~;~`..-, _ ~ ~ -1 i 1 ~~ ~, ~ r' ~y i i ~ ~ 1 i T I / ,?' 'i ,~ ti i ~ ~i f ~ j-~ ~ .. ~ ,,.. `, iii ' ~ ~ ~ ~ j i ~ ~ .,v,, ~ ~. ~~ .. , -- i \' ii ~, / ~ ~ ~ r~~` ~~ j. ~ -' y ~ ~ , i r '< ~ ~ ~' ~ ; ~~ i I ~;. ., <~ .~ ., •, '~~~ l ~ Y '~V~ j ~ r,!r ~ I - V' \ \ % I I - ~ ~ ~ 1. ~ ~\ ~ \ I `~ / ~\ \ \ ~ / \ \ ~\ / / / ~ I' I ~ ~ ~ ,~ ~. , ~ , `'lam ', ,^, ,;~. ., ; . _ '< ~' 0.00 0.06 0.12 0.18 0.24 0.30 km '_r~ j'%` ,~ ' ~ ~~ ~ Fyn T r. ~ 14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road 00000 EXECUTIVE SUMMARY CASE HISTORY Application filed: 6/07/04 Application complete: 7/26/04 Notice published: 8/08/04 Mailing completed: 8/09/04 Posting completed: 8/01/04 1st Public Hearing 8/22/04 PROJECT DESCRIPTION The public hearing on this application was continued from the August 25th Planning Commission meeting to September 22nd, in order to allow the applicant time to revise the plans to address the concerns raised by the Planning Commission on the suitability of the design. On September 7`h, the applicant met on-site with the Planning Commission and presented alternative proposals for the renovation of the site. The Planning Commission provided the applicant with input on the alternative proposal, which retained much of the facade detail that currently exists on the buildings. The revised facade renovation plan reflects their comments. The revised plan takes inspiration from the existing Corinthian Corners buildings; rather than restoring and emphasizing authentic architectural elements of each structure or creating a more contemporary retail space. The flower shop adjacent the parking lot would be retained, however the architectural language would be completely revised to create a focal point among the existing buildings. The interior changes while not the subject of this review include seismic and ADA upgrades to the existing structures. The property is located in the CH-1 District. STAFF RECOMMENDATION Approve the Design Review application with conditions as identified in the staff report by adopting the Resolution for application #04-178. ATTACHMENTS 1. Draft Resolution 2. Dill Design Group report dated June 18, 2004 3. Fire Department report dated Apri120, 2004 4. Affidavit of Mailing 5. Neighborhood Correspondence 6. Plans, Exhibit "A" 000002 Application # 04-178 14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road • STAFF ANALYSIS ZONING: CH-1 District: The CH-1 District is designed to implement the Saratoga Village Specific Plan and achieve the following objectives with respect to the village. (1) Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners; (2) Preservation and enhancement of the architectural and landscape quality of the Village; (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; and (4) Conservation of historic structures. GENERAL PIAN DESIGNATION: The General Plan designates this area as CR -Retail Commercial. The property is located within Area J, which is the Village Area. Applicable guidelines for development in this area include the direction that the Village should be preserved and promoted as an historical area, with maintenance of existing historical or unique landmarks. Care should be taken with use of colors and materials. Conveniences such as benches and kiosks should be located at strategic areas. Commercial uses that generate sales tax revenue should be encouraged in the Village. . MEASURE G: Not applicable PARCEL SIZE:16,180 square feet AVERAGE SITE SLOPE: Average Slope of lot is less than 10% GRADING REQUIRED: The applicant proposes no changes to the grade. ENVIRONMENTAL DETERMINATION: Section 15300.2 of CEQA states that a Categorical Exemption shall not be used for a project, which may cause a substantial adverse change in the significance of historic structures. On the basis of the attached report prepared by Dill Design Group, historic architects, dated June 18, 2004, the Heritage Commission approved the findings that the existing structures are not historic resources under CEQA. MATERIALS AND COLORS PROPOSED: The exterior finish is to match the existing facade of Corinthian Corners. 000003 Application # 04-178 14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road • ZONING REGULATIONS CH-1-Commercial Proposal Code Requirements Historic District Lot Size Building Coverage: Floor Area Setbacks: 16,180 sq. ft. 57% First Floor 9,227 sq. ft. Second Floor 2,608 sq. ft. Front No Change Side No Change Rear No Change s,ooo sq. ft. Maximum Allowable 80% 9227 sq. ft. 3,172 sq. ft. (existing) Minimum Requirement No Setback No Setback No Setback Height: Maximum Allowable 22.2 ft. 35 ft. Site may be covered 100% by structures if for any structure coverage in excess of 80%, an equivalent area on the site is devoted to pedestrian open space. • • 3 ®oooo~ Application # 04-178 14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road • PROJECT DISCUSSION Design Review This Design Review application involves changes to the facade of the 11,836 square foot attached properties located at the corner of Big Basin Way and Saratoga-Los Gatos Road. The current plan reflects the fourth major revision that the applicant has submitted. The previous revision proposed to restore some original architectural elements in the structures along Saratoga-Los Gatos Road and Big Basin Way while creating a more contemporary retail space. The revised plan takes inspiration from the existing Corinthian Corners buildings rather than restoring and emphasizing authentic architectural elements of each structure. In making these changes to the structures most of the existing facade elements of the shops along Big Basin Way and Saratoga-Los Gatos Road would be retained including the open pediments over doorways and windows and false columns which are not original architectural features. In the revised plans, the major area of change is the flower shop, which is currently not architecturally compatible with the adjacent structures. This structure would be retained, however the architectural language would be completely revised to complement and create a focal point among the existing buildings. The existing flower shop is an awkward smallish mass for the focal point of this corner, so by extending the height, and taking inspiration from the existing architecture, the building can be a more proper anchor. In order to retain the existing flower shop structure, the window locations and heights would remain. The two main doors would be reframed as one with an arch element above. The parapet roof would be extended to emphasize the massing. In order to unify the Big Basin building with the flower shop, the upper parapet detailing and window trim would be extended towards the flower shop with added door and window at the improved pedestrian patio. By using the Corinthian detailing as the focal point for the new flower shop entry, the existing character of the corner is retained and enhanced. Proposed window muntin detailing would be a mix of open glass and perimeter divided lights, thus updating to current retail requirements without losing the character and detailing of the existing windows. Existing painted brick kickplates would be plastered over in order to cleanup and simplify the streetscape of the corner. Walking surfaces on the property, adjacent the parking lot would be changed to atwo-colored concrete pattern to give a smaller scale to the patio and sidewalks. • ~'®~®OS Application # 04-178 14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road The parking lot perimeter would be planted with xylosma congestum, a hedge that will eventually screen and soften the parking lot edge. A water feature is proposed along the north side of the Big Basin building. The applicant has presented an alternate site plan scheme, which provides additional landscaping and pedestrian seating and social space on Saratoga-Los Gatos Road. This alternative site plan eliminates one parking space in an effort to create added pedestrian amenity and greenery planting area. Saratoga Village Design Guidelines As the Saratoga Village Design Guidelines suggest, (p. 26) physical change is part of the continuing evolution of the Village. As a general approach, storefront treatments should respect the original period and style of the building, maintaining its historical integrity to as great an extent as possible. Although the existing facade is not original architectural detailing, the Corinthian Corner facade's quaint charm is reflective of a unique character, the loss of which could be viewed as a diminution of the character of this prominent commercial corner. Commercial Historic District Zoning In terms of the CH-1 District, the zoning ordinance identifies the purpose of this commercial district as follows: (1) Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners; The proposed design does preserve the small scale pedestrian character of the Village and would have the effect of making the area more inviting to potential shoppers by refreshing the retail space. (2) Preservation and enhancement of the architectural and landscape duality of the Village; The proposed plan does enhance the architectural and landscape quality of the Village by creating a unifying focal point at the corner and creating additional landscaping and pedestrian amenities. (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; The proposed facade change invites new retail uses by creating more commercially viable retail space. (4) Conservation of historic structures. The proposed plan retains the existing character of the structures rather than restoring, original authentic architectural elements. Although the existing facade is not original architectural detailing, the Corinthian Corner facade's quaint charm is reflective of a unique character, the loss of which could be viewed as a diminution of the character of this prominent commercial corner. U ©U®Os Application # 04-178 14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road Necessary Findings The Zoning Ordinance, Section 15-46.040 identifies the following findings as necessary for granting Commercial Design Review approval. a. Architectural features and landscaping shall be harmonious where more than one structure is proposed. Such features shall include height, elevations, roofs, materials, color, and appurtenances. b. Colors of wall and roof material shall blend with the natural landscape and be nonreflective c. Roofing materials shall be wood shingles, wood shakes, file or other material such as composition approved by the Planning Commission. No mechanical equipment shall be located on the roof unless it is appropriately screened. d. The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. Actual Findings The following findings have been made regarding the proposed facade changes. a. Architectural features and landscaping shall be harmonious where more than one structure is proposed Such features shall include height, elevations, roofs, materials and color. The proposed exterior renovation serves to harmonize the facades of the subject structures by creating a focal point, which reflects the existing character of the . structures. b. Colors of wall and roof material shall blend with the natural landscape and be nonreflective Retaining the existing color palette on the Corinthian Corner properties will serve to blend with the natural landscape and be non-reflective. c. Roofing materials shall be wood shingles, wood shakes, the or other material such as composition approved by the Planning Commission. No mechanical equipment shall be located on the roof unless it is appropriately screened The proposed roof design with raised parapet and cornice is a design that is cited in the Saratoga Village Design Guidelines as an acceptable facade element. The mechanical equipment is located on the roof. The plans depict screening of the mechanical equipment from Big Basin Way and Saratoga-Los Gatos Road via the parapet. Mechanical equipment may be visible from some vantage point at the rear of the structure since the parapet does not extend along that portion of the building. d The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area The proposed facade change is compatible in terms of height, bulk and design with . other structures in the immediate area. The continuity of the roof lines and the ~U~Q'7 Application # 04-178 14410,14416 Big Basin Way, 20506 Sazatoga-Los Gatos Road compatibility of the colors is consistent with the Saratoga Village Design Guidelines and is consistent with other structures in the immediate area. In summary, the proposed project is consistent with the findings for Commercial Design Review since the plan is harmonious in terms of facade material and color. Roof material and design are consistent with the Saratoga Village Design Guidelines for storefronts. Conclusion The staff can make the findings required for Design Review approval if the proposed project can be revised to screen all mechanical equipment from view of surrounding property. NEIGHBORHOOD INPUT Staff received one phone call regarding this application. A representative for Saratoga Village Center was concerned that intensification of use of this property would have the effect of causing overflow parking onto their parking lot. The Saratoga Village Center which has on-site parking is concerned that shortage of on- site parking at Corinthian Corners would produce overflow parking on their parking lot. The applicant has sent via certified mail copies of the proposed plans to adjacent property owners with the request that they complete the neighborhood notification • template and send it back to the applicant. As the certified receipts convey, the property owners are all absentee landlords who do not live adjacent to the subject property. Comments were received from only the above noted property owner. In terms of shopkeepers who are adjacent to the property, the applicant has collected Notification Templates from seven nearby business owners all of whom support the project. Although 81 notices were mailed on August 9`~ to property owners within 500 feet of the property in question, no comments, calls or questions were received regarding the proposed application. It appears that after significant public outreach, the proposed project is supported by the surrounding shopkeepers and there is come concern on the impact of the proposed use on adjacent parking lots. ECONOMIC DEVELOPMENT ANALYSIS The following comments were received from the Economic Development Department. Staff views this site as an integral property in Saratoga Village CH-1 zone. Due to its location, size and prominence with street frontage on Big Basin Way and Saratoga-Los Gatos Road the ability to attract quality retail tenants is extremely • high. iC3~U048 Application # 04-178 14410,14416 Big Basin Way, 20506 Saratoga-Los Cratos Road After reviewing the plans, staff concludes that the new interior and exterior design will make this property more competitive in the commercial markets. Many structures downtown have difficultly attracting viable retail tenants due to aging infrastructure, which does not meet current retail standards. The addition of the proposed Village kiosk has been a need for a long time, and supports a community atmosphere. In addition, the proposed changes to the building, along with modern upgrades to interior and exterior, will no doubt make this building a focal point in the Village. COMMUNITY DEVELOPMENT The conditions of approval identified in this report shall be incorporated into the revised plans. 1. The alternative site plan, which eliminates one parking space and creates added patio area shall be incorporated into the final plan set. 2. Plans shall depict the type of vines to be planted under the trellises. This is omitted on the site plan. • 3. A re-circulating water feature such as a fountain should be incorporated into the proposed patio area, which abuts Saratoga-Los Gatos Road. 4. A drinking fountain should be placed on the pedestrian walkway adjacent the Big Basin Road building. 5. The mechanical equipment on the roof shall be screened from view by panel screen in areas where existing parapets do not screen the equipment from public view. 6. The proposed skylight transoms shall be lowered so that the highest point of the skylight does not project above the parapet. 7. The existing three lots should be merged into one lot, since the building are adjoining and the parcels are contiguous and under one ownership. 8. Four sets of complete construction plans incorporating required revisions and this Resolution on a separate plan page shall be submitted to the Building Division. FIRE PROTECTION DISTRICT The Saratoga Fire District reviewed this application on June 29, 2004 and their • requirements are included as conditions of approval: -000009 Application # 04-178 14410,14416 Big Basin Way, 20506 Sazatoga-Los Gatos Road 1. Roof covering shall be fire retardant and comply with the standards established for Class A roofing. Replacement of less than 10% of the total roof area shall be exempt. (City of Saratoga Code 16-15.080) Ann, you may have to 2. Early Warning Fire Alarm System shall be installed and maintained for all occupancies. 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) 3. Automatic sprinklers shall be installed in the proposed carport space. An NFPA 13D sprinkler system with 2 heads per car stall and 2 head calculation is required. To ensure proper sprinkler operation, the carport 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. (City of Saratoga Code 16-15.070) 4. 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 the street or road fronting the property. (CFC 901.4.4) 5. Required Fire flow: the fire flow for this project is 1,750 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants(s), which are spaced at the required spacing. 6. Garage Fire Sprinkler Required: An approved automatic fire sprinkler system designed per National Fire Protection Association Standard #13D and local ordinances, shall be provided for the garage. To ensure proper sprinkler operation, the garage shall have a smooth, flat, horizontal ceiling. A state of California licensed fire protection contractor shall submit three sets of plans, calculations, a complete permit application and appropriate fees to this department for review and approval prior to beginning their work. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting the Resolution for application 04-178 ., .~ Q®U010 • • Attachment 1 • ~©U~11 RESOLUTION N0.04- . APPLICATION N0.04-178 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Heikali/14410,14416 Big Basin Way, 20506 Saratoga-Los Gatos Road WHEREAS, the Ciry of Saratoga Planning Commission has received an application for Design Review approval to changes to the facade of the above noted commercial structure located in the CH-1 Zoning District. 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 is Categorically Exempt from the Environmental Quality Act (CEQA) in accordance with Section 15300.2 of CEQA, which states that a Categorical Exemption shall not be used for a project, which may cause a substantial adverse change in the significance of historic structures. On the basis of the attached report prepared by Dill Design Group, historic architects, dated June 18, 2004, the Heritage Commission approved the findings that the existing structures are not historic • resources under CEQA. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: a. Architectural features and landscaping shall be harmonious where more than one structure is proposed Such features shall include height, elevations, roofs, materials and color. The exterior renovation would harmonize the facades of the subject structures by creating a unifying focal point, which is inspired by the existing character of Corinthian Corners. b. Colors of wall and roof material shall blend with the natural landscape and be nonreflective The proposal is to match the color palette which exists on the Corinthian Corner properties. These colors do blend with the natural landscape and are non-reflective. c. Roofing materials shall be wood shingles, wood shakes, file or other material such as composition approved by the Planning Commission No mechanical ec{uipment shall be located on the roof unless it is appropriately screened • Q'~~~f 2 File No. 04-087 l3218PierreRoad . The roof design with raised parapet and cornice is cited in the Saratoga Village Design Guidelines as an acceptable facade element. The mechanical equipment is located on the roof. The plans shall depict screening of the mechanical equipment from Big Basin Way and Saratoga-Los Gatos Road via the parapet. d. The proposed development shall be compatible in terms of height, bulb, and design with other structures in the immediate area. The proposed facade change is compatible in terms of height, bulk and design with other structures in the immediate area. The continuity of the roof lines and the compatibility of the colors is consistent with the Saratoga Village Design Guidelines. 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, the application of Nasser Heikali for Design Review approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT • The development shall be located and constructed as shown on Exhibit A Remodel for Nasser Heikali,14410,14416 Big Basin Way and 20506 Saratoga-Los Gatos Road, dated 9/14/04, prepared by Young and Borlik Architects. The conditions of approval identified in this report shall be incorporated into the revised plans. 1. The alternative site plan, which eliminates one parking space and creates added patio area shall be incorporated into the final plan set. 2. Plans shall depict the type of vines to be planted under the trellises. This is omitted on the site plan. 3. A re-circulating water feature such as a fountain shall be incorporated into the proposed patio area, which abuts Saratoga-Los Gatos Road. 4. A drinking fountain shall be placed on the pedestrian walkway adjacent the Big Basin Road building. S. The mechanical equipment on the roof shall be screened from view by panel screen in areas where existing parapets do not screen the equipment from public view. 6. The proposed skylight transoms shall be lowered so that the highest point of the skylight does not project above the parapet. • 7. The existing three lots shall be merged into one lot, since the building are adjoining and the parcels are contiguous and under one ownership. C~~U0~,3 File No. P4-087 13218PietreRoad 8. Four sets of complete construction plans incorporating required revisions and this • Resolution on a separate plan page shall be submitted to the Building Division. FIRE PROTECTION DISTRICT The Saratoga Fire District reviewed this application on June 29, 2004 and their requirements are included as conditions of approval: 1. Roof covering shall be fire retardant and comply with the standards established for Class A roofing. Replacement of less than 10% of the total roof area shall be exempt. (City of Saratoga Code 16-15.080) Ann, you may have to 2. Early Warning Fire Alarm System shall be installed and maintained for all occupancies. 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) 3. Automatic sprinklers shall be installed in the proposed carport space. An NFPA 13D sprinkler system with 2 heads per car stall and 2 head calculation is required. To ensure proper sprinkler operation, the carport 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. (City of Saratoga Code 16-15.070) 4. 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 the street or road fronting the property. (CFC 901.4.4) 5. Required Fire flow: the fire flow for this project is 1,750 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants(s), which are spaced at the required spacing. 6. Garage Fire Sprinkler Required: An approved automatic fire sprinkler system designed per National Fire Protection Association Standard #13D and local ordinances, shall be provided for the garage. To ensure proper sprinkler operation, the garage shall have a smooth, flat, horizontal ceiling. A state of California licensed fire protection contractor shall submit three sets of plans, calculations, a complete permit application and appropriate fees to this department for review and approval prior to beginning their work. • -(~~D0~14 File No. 04-087 13228PietreRoad • CITY ATTORNEY 1. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of City in connection vaith City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 2. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • • ~~OU01~ File No. 04-087 13228PierreRoad PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of • California, this 22nd day of September, 2004 by the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission ' here acce ted u on the ex ress terms and conditions hereof and shall • This permit is by p p p , 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 • t~~0®16 • Attachment 2 • ~~~®~~ DELL D~S~GN GKaUP 455 LoS GATvS bvULEVAKD #~ZvB LvS GAT~~S, CA g5v,5z 4v 8 •558 •5448 June 18, 2004 Mr. Steve Borlik, Architect Young and Borlik, Architects, Inc 261 Hamilton Ave, Suite 218 Palo Alto, CA 94301 Rc: Historical Evaluation 20506 Saratoga-Los Gatos Road and 14410 and 14416 Big Basin Way, Saratoga, CA Uear Mr. Borlik: This letter is regarding 20506 Saratoga-Los Gatos Road and 14410 and 14416 Big Basin Way, commonly known as "Corinthian Corners." My firm has investigated these buildings, and I conclude that they aze not historic resources under CEQA, with the following supporting information: California Environmental Quality Act (CEQA) Background Under the Califomia Environmental Quality Act (CEQA), a "project that may cause a substantial adverse change in the significance of a historic resource is a project that may have a significant effect on the environment." In this context, a historic resource is one that is listed in or determined to be eligible for listing in the California Register of Historic Resources. California Register Criteria Buildings and sites associated with the lives of persons that provided value to their community where the remembrances of those personages and their contributions to society, important to local, state or national history are potentially eligible for the National, California and/or local registers. In order for a resource to be eligible for the California Register of Historic Resources, a building, site or object must meet three standards of review: A property must be significant at the local, state or national level,. under one or more of the following criteria: 1. [t is associated with events or patterns of events that have made a significant contribution to the broad patterns of the history and cultural heritage of California and the United States. 2. It is associated with the lives of persons important to the nation or California's past. 3. It embodies the distinctive characteristics of a type, period, region, or method of construction, represents the work of an important creative individual, or possesses high artistic values. 4, It has yielded, or may be likely to yield, information important to the prehistory or history of the State or the Nation. M fAX: 4vd•55S•544~ dd~earchistory.com ~~'(14$8 JUN-'11-tl9 ln:JC n,-, ~c~r. '.. u. ...~~ •••••~- •- D+LL DLS+GN Gt~vUP 1'AG1:. 1 7'he resource must retain enough of its historic character or appeazance to be recognizable as an historic property, and to convey the reason for its significance; and It is fifty yeazs old or older (except for rare cases of structures of exceptional significance). Resources already listed or determined eligible for the National Register, or California Historic Landmarks #770 or higher are also, by definition, eligible for the California Register. A property is automatically eligible for the Register if it has been listed under any state, national or local historic resource criteria, unless the preponderance of evidence indicates otherwise. Historic Status 7'he parcels are not currently listed on the National Register of Historic Places. They may or may not have been included as contributing to a downtown Saratoga district listed as California Registered Landmark No. 435 in 1950; the City is currently reseazching the nomination form. None of the subject buildings are listed on the "Saratoga's Heritage: A Survey of Historic Resources" The list was compiled and published by the Heritage Preservation Commission, City of Saratoga, in 1993. ~ Evaluation 1'he building at 14416 Big Basin Way was originally built before 1920 (part of it was a bakery in its early life-with an outdoor oven) and the building at 20506 Saratoga-Los Gatos Road ("7'he Hogg Building") was built before 1930 (based on maps, personal accounts, and other historical evidence), making them both older than the fifty year threshold for California Register (and CEQA review); however, these facades were significantly altered after the Corinthian Corners antique store acquired them late in the twentieth century. The remodeling is not fifty years old. 3'he physical construction of the current facades makes it clear that the original fronts were not retained in the remodeling process. Some original fabric remains in the building trusses and side party walls, but they aze not character-defining features of the buildings. The buildings no longer retain their historic integrity as per the widely recognized seven criteria used by the National Register. Although they both retain their original location and general setting within the village, they no longer retain their historical design, workmanship, feeling, association, or materials. The alterations do not appear to be reversible. Due to the loss of integrity of the buildings, these properties are not eligible under any criteria for the California Register. The buildings no longer convey any historical associations with personages, events, or patterns of development, and they arz not architecturally significant. They do not retain adequate historic character or appearance to be recognizable as historic properties. The building at 14410 Big Basin Way is a recent building, younger than the fifty-year threshold for the Califomia Register. It replaced an earlier gas station on this site. • Pro roes less than fifty years old can be considered eligible for the California Register, but such Pe properties must be shown exceptional. The recent building and the two altered buildings are not 1'AG~ L ~~~©~9 JV~I~La v~ ~.... ~.. ... _ .._ -_ ._ _ _. . ~_ DELL Df_S~GN GT~oJP PAGL ~ associated with exceptionally significant events, patterns of development, personages or architectural design that would make them eligible for the California Register. Methodology and Citations Dill Design Group, with the assistance of April Halberstadt, Consulting Historian, consulted building permit records, historical maps, photographs, personal accounts of Saratoga history, and other archival resources available at the City of Saratoga and the Saratoga Museum. The following are sources used in the preparation of this letter: Califomia 1967 Garrod, R.V. Saratoga Story. Self published. Saratoga, California 1962. Sanborn Fire lnsurance Maps, 1918, 1930, and 1945 Clarke, Henry Saratoga Village. Unpublished manuscript in the files of the Saratoga Museum, 2003 Cunningham, Florence Saruloga's First Hr~ndred Years. Panorama West Publishing. Fresno, Qualifications Leslie A. G. Dill, Principal of the firm Dill Design Group, has a Master of Architecture with a certificate in Historic Preservation from the University of Virginia. She is licensed in California as an architect. Ms. Dill is listed with the Northwest Information Center of the California State Office of Historic Preservation as meeting the requirements to perform identification, evaluation, registration, and treatment activities within the professions of Historic Architect and Architectural Historian in compliance with state and federal environmental laws. The Northwest Information Center utilizes the criteria of the National Park Service as outlined in 36 CFR Part 61. Disclaimers The consultant has not undertaken and will not undertake an evaluation or report on the structural conditions or other related safety hazards that might or might not exist at the site and building, and will not review the proposed project for structural soundness or other safety concerns. Thz consultant has not undertaken analysis of the site to evaluate the potential for subsurface resources. Thank you for the opportunity to provide this information to you for your use. Please do not hesitate to contact us if you have any questions or comments. Sincerely: • • • • P~~ ~ ~-~,~~20 Historic Architect • Attachment 3 • • 14410-14416 Big Basin wy plan review -fire • From: Harold [hal@saratogafire.com] Sent: Tuesday, ]une 29, 2004 10:44 AM To: Ann Welsh Subject: 14410-14416 Big Basin wy plan review SARATOGA FIRE DISTRICT COUNTY OF SANTA CLARA 14380 sARATOGA AV. sARATOGA, CALIFORNIA 95070 Telephone: 408-867-9001 Fax: 408-867-2780 www.saratogafire.com <http://www.saratogafire.com> PLAN CHECK REVIEW TRANSMITTAL FOR PLANNING DEPARTMENT FILE #: 04-178 DATE: .7 une 29, 2004 # OF LOTS: Three APPLICANT: Heikali LOCATION: 14410, 14416 Big Basin way,,20506 Saratoga-Los Gatos Road PROJECT: seismic upgrades and tenant improvements to commercial buildings Ann, here are the notes from our site visit of ]une 25, 2004. These are conditions that are to be anticipated but not limited to, based on the owner 's roposals. Further details will come as it goes through yours and the Building Department plan review. A. Met with owner and architect to inspection current condition of buildings. Most of buildings have 2' x 4' ceiling rafters, these would not support any sprinkler system or new 5/8" sheet rock, wood members already are showing bowing from existing 1/2" sheet rock. would probably get T-bar or some kind of drop ceiling. B. Found sump in floor in antique store under stairs. Observed water runoff, possibly a spring, goes to underground drain, unknown if it is storm . or discharge to creek or sanitary sewer system. Also saw other drain pipes emptying into sump. This has a possible infiltration or contamination condition with an open sump. C. Determine occupant load and exit requirements. verify proposed spaces with one exit will not require two or more exits per CBC Chapter 10, Table 10-A D. Found glass door behind flower shop opens and hits gas meter. If door is not a required exit, eliminate door or relocate meter or change swing of door to open inward to avoid the meter. E. Parking in carport in back will require a one hour separation between the carport (occupancy code u-1) and the B occupancies per CBC Chapter 3, Table 3-B. F. Protection for the buildings shall include but not be limited to the following requirements: 1: Property is located in a designated hazardous fire area. 2: 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. (City of Saratoga Code 16-15.080) Ann, you may have to check on this, I was not sure what the proposed roof would be or even if the roof was being replaced at all. 3: Early Warning Fire Alarm system shall be installed and maintained for all occupancies. 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) 4: Automatic sprinklers shall be installed in the proposed carport space. An NFPA 13D sprinkler system with 2 heads per car stall and 2 head . calculation is required. To ensure proper sprinkler operation, the carport shall have a smooth, flat, horizontal ceiling. The designer/architect is to Page 1 UUUU22 • • 14410-14416 Big Basin Wy plan review -fire 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. (city of Saratoga Code 16-15.070) 5: 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 the street or road fronting the property. (CFC 901.4.4) APPROVED: HAL NETTER PLAN CHECKER: HAL NETTER C~ Page 2 ~€1®23 • Attachment 4 C Q®~~ ~ • • • AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 yeazs; that acting for the City of Sazatoga Planning Commission on the ~ day of 2004, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) ' • that said ersons are the owners of said roe who are entitled to a Notice of Hearing p P P rtY pursuant to Section 15-45.060(b) of the Zoning Ordinance of the Ciry of Sazatoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. Signed • O(~U025 K,I~EAR ELIZABETH P TRUSTEE or Current Owner 20387 THELMA AV SARATOGA, CA 95070-4946 FITZSIMMONS MICHAEL D TRUSTEE ETAL or Current Owner 165 SUMMERFIELD ST DANVILLE, CA 94506 GASIK JEFFREY F or Current Owner 21070 DORSEY WY SARATOGA, CA 95070-5336 FITZIMMONS JOSEPH J TRUSTEE ETAL or Current Owner 14611 BIG BASIN WY E SARATOGA, CA 95070 FRANK L BURELL III or Current Owner 470 VANDELL WY STE A CAMPBELL, CA 95008 HELM RONNIE L or Current Owner 14516 OAK ST SARATOGA, CA 95070-6087 OUR LADY FATIMA VILLA INC or Current Owner 20400 SARATOGA/LOS GATOS RD SARATOGA, CA 95070-5927 SARATOGA CITY OF or Current Owner SARATOGA, CA 95070-0000 ~ZSIMMONS JOSEPH J TRUSTEE ETAL or Current Owner 14611 BIG BASIN WY E SARATOGA, CA 95070 SORENSEN DAVID L or Current Owner 14493 OAK ST SARATOGA, CA 95070-6025 JACKMAN ERNA B or Current Owner 14515 OAK ST SARATOGA, CA 95070-6025 FITZSINIMONS JOSEPH J TRUSTEE ETAL or Current Owner 14611 BIG BASIN WY E SARATOGA, CA 95070 or Current Owner ESPINOSA GARY H & DIANAGAY J TRUSTEE or Current Owner 14510 OAK ST SARATOGA, CA 95070-6087 SARATOGA LODGE NO FOUR TWO EIGHT IOOF TRUS or Current Owner POBOX54 SARATOGA, CA 95071-0054 ATLAS PROPERTIES LLC or Current Owner 48 ATLAS AV SAN JOSE, CA 95126-3101 OUR LADY FATIMA VILLA ~LENIKIOTIS ANTHONY J & GEORGIA TRUSTEE or Current Owner 14451 CHESTER AV SARATOGA, CA 95070-5624 JAMES KENNEDY or Current Owner 540 SANTA CRUZ 215 LOS GATOS, CA 95030 KIM JOUNG S & YOUNG H TRUSTEE or Current Owner 7221 SILVER LODE LN SAN JOSE, CA 95120-3356 FRANK L BURELL III or Current Owner 470 VANDELL WY STE A CAMPBELL, CA 95008 HIRSCHFELD HAROLDINE M TRUSTEE or Current Owner 14524 OAK ST SARATOGA, CA 95070-6026 • ALLEN JOHN N & MARY or Current Owner 14500 OAK ST SARATOGA, CA 95070-6087 SARATOGA CITY OF or Current Owner SARATOGA, CA 95070-0000 DOMII~IICAN SISTERS OF THE CONGREGATION CONS or Current Owner 20400 SARATOGA-LOS GATOS RD or Current Owner or Current Owner or Current Owner 20400 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-5927 or Current Owner or Current Owner or Current Owner ~?D~~i26 JOHNSTON DAVID S or Current Owner 616 BROOKWOOD LN TOGA, CA 95070-5831 TOSCO MARKETING CO DC17 or Current Owner P.O. BOX 52085 PHOENIX, AZ 85072 INN AT SARATOGA INC. or Current Owner 20645 4TH ST SARATOGA, CA 95070-5867 CASABONNE YVES G & ANNETTE E TRUSTEE or Current Owner P O BOX 247 EL VERANO, CA 95433-0247 BLOXHAM FAMILY LP or Current Owner 14610 BIG BASIN WY SARATOGA, CA 95070-0000 ~OXHAM FAMILY LP or Current Owner 14610 BIG BASIN WY SARATOGA, CA 95070-0000 LEES PARTNERSHIP or Current Owner 14493 BIG BASIN WY SARATOGA, CA 95070-6093 or Current Owner CUNNINGHAM DENNIS M or Current Owner 14407 BIG BASIN WY SARATOGA, CA 95070-6080 ~HUR ANDERSEN LLP urrent Owner PO BOX 192202 SAN FRANCISCO, CA 94519- 2202 ~ANCELLIERI ROBERT & SHIRLEY TRUSTEE or Current Owner 14860 CODY LN SARATOGA, CA 95070-6018 SARATOGA CITY OF or Current Owner 4TH ST SARATOGA, CA 95070-0000 PAYNE GEORGE M TRUSTEE or Current Owner 15940 ROCHIN TR LOS GATOS, CA 95032-0000 CRAWFORD OTTO M & BETTE R TRUSTEE or Current Owner 12471 GREENMEADOW LN SARATOGA, CA 95070-3032 SULLIVAN L M & LOUELLA M TRUSTEE ETAL or Current Owner 20570 CANYON VIEW DR SARATOGA, CA 95070-5876 WALLACE BERNARD A or Current Owner P O BOX 1060 DISCOVERY BAY, CA 94514 MASEK JOSEPH C & MICHELLE or Current Owner 14467 BIG BASIN WY SARATOGA, CA 95070-6093 or Current Owner ADDRESS NOT AVAILABLE-5 ~~ CAROLYN HOLM or Current Owner 1 GOODWIN CT REDWOOD CITY, CA 94061 FRANK L BURELL III or Current Owner 470 VANDELL WY STE A CAMPBELL, CA 95008 ~ANCELLIERI ROBERT & SHIRLEY TRUSTEE or Current Owner 14860 CODY LN SARATOGA, CA 95070-6018 or Current Owner ADDRESS NOT AVAILABLE-5 KK PAYNE GEORGE M TRUSTEE or Current Owner 15940 ROCHIN TR LOS GATOS, CA 95032-0000 ACCOUNTS PAYABLE or Current Owner PO BOX 6000 NEWPORT BEACH, CA 92658- 6000 BLOXHAM FAMILY LP or Current Owner 14610 BIG BASIN WY SARATOGA, CA 95070-0000 MELTON THELMA D TRUSTEE ETAL or Current Owner 4710 SANTA LUCIA DR WOODLAND HILLS, CA 91364 ROSENFELD JAMES I & ARLENE H TRUSTEE or Current Owner 14219 OKANOGAN DR SARATOGA, CA 95070-5549 CUNNINGHAM SUSAN K or Current Owner P O BOX 2230 CUPERTINO, CA 95015-2230 STARK CHARLES D & KATHIE L or Current Owner P.O. BOX DRAWER 219 APTOS, CA 95001 FRANK L BURELL III or Current Owner 470 VANDELL WY STE A CAMPBELL, CA 95008 E~~U®27' .SOWOLLA KRIS A & CAROL A TRUSTEE or Current Owner 219 JACKSON ST LOS GATOS, CA 95030-0000 CALIFORNIA STATE OF or Current Owner SARATOGA, CA 95070-0000 SARATOGA CITY OF or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA FEDERATED CHURCH INC or Current Owner 14370 SARATOGA AV SARATOGA, CA 95070-5953 SARATOGA FEDERATED CHURCH or Current Owner 14370 SARATOGA AV SARATOGA, CA 95070-5953 SARATOGA CITY OF or Current Owner ARBELECHE LN SARATOGA, CA 95070-0000 GUNN SONJA A ETAL or Current Owner PO BOX 2095 SARATOGA, CA 95070 ENGINEERING INFORMATION SYSTEMS INC or Current Owner P.O. BOX 25 SARATOGA, CA 95071-0025 DUNCAN GORDON A & HELEN J or Current Owner 20531 BROOKWOOD LN SARATOGA, CA 95070-5868 HIGGINS WILLIAM L & VIRGINIA B TRUSTEE or Current Owner 20550 BROOKWOOD LN SARATOGA, CA 95070-5800 ~OX FLORA M TRUSTEE ETAL •ARATOGA FIRE PROTECTION or Current Owner 20465 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-5909 SARATOGA FIRE PROTECTION DIST or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA FIRE DIST or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 DIST or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA CITY OF or Current Owner SARATOGA, CA 95070-0000 CALIFORNIA STATE OF or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 SARATOGA FEDERATED CHURCH or Current Owner 20390 PARK PL SARATOGA, CA 95070 OSTROWSKI JOHN L & M. CLAIRE ETAL or Current Owner 12750 IONS CT SARATOGA, CA 95070-3804 3D PROPERTIES or Current Owner P O BOX 234 SARATOGA, OR 95071-0234 SARATOGA FIRE PROTECTION DIST or Current Owner SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 UNITED STATES POSTAL SERVICE or Current Owner 14376 SARATOGA AV SARATOGA, CA 95070-5953 JAVANMARD GHOLAMREZA EZAT or Current Owner 20440 ARBELECHE LN SARATOGA, CA 95070-5439 G& G MCCANDLESS PROPS S C V W D LLC or Current Owner or Current Owner SARATOGA AV 545 MIDDLEFIELD RD 130 SARATOGA, CA 95070-0000 MENLO PARK, CA 95025 SEAGRAVES MARGARET or Current Owner TRUSTEE or Current Owner 13371 SARATOGA AV SARATOGA, CA 95070-4535 LAVELLE THOMAS R & GAYLE S or Current Owner 20571 BROOKWOOD LN SARATOGA, CA 95070-5868 JACOBS HUGH A & GLORIA M TRUSTEE or Current Owner 20510 BROOKWOOD LN SARATOGA, CA 95070-5800 HIGGINS WILLIAM L & VIRGINIA B TRUSTEE or Current Owner 20550 BROOKWOOD LN SARATOGA, CA 95070-5800 BROCKETT PATRICK J or Current Owner 20620 BROOKWOOD LN SARATOGA, CA 95070-5831 ~~(~~28 ~~ Attachment S • ®~(D®2y Ne• bor Notification Tem late for• g P Development Applications Date: - 27- ~ 410, ~ 44/~ ~~ ~ c-~.s~N ~,aaY PROJECT ADDRESS: 2D5o6 SA2A'fDU°-' LOS C~ctoS >~7, Applicant Name: `rDtlN~ g {3o~ec.~IG ArtCN iT~CfS, 1~C• Application Number: ~" - ~ 7 g 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 tlae 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ' ~ ~, ,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. ^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: ~: . ..P ~; .,~,. `~ i~ ; ;: __„ ,- - - N g bor Phone # - Signature: Printed: _. • • .J City of Saratoga Planning Departmej ®0®3U • • Neighbor Notification Template for Development Applications . Date: - 7- I~~O/ 1 ~}~'~lo ~I to ~S~N ~~/ PROJECT ADDRESS: 20506 SMATaca°~' LOS C~A7oS 1Z.~7, Applicant Name: `t'b~NG g ~o~L~k A-zCN ~TECTS, l~C. ly g Application Number: ~ - ~ 7 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. LJMy 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. • ~ ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, whtcb after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~>~rPlo~~A- ~~~~~ Neighbor Address: f ~-~ ~(~i ~St ~ -~~ q~ c ~ ~(d ~~ , (.~- / 7U Neighbor Phone #: ~~ ~ ~~'>' ~O L~ ~~ , Signat • C't of Sarato a Printed: Planning Departm n~~Qa31 Date: - 7- PROJECT ADDRESS • i Neighbor Notification Template for Development Applications 14410, ~ ~F4/~ ~/ U t~•s~N ~^~+a Y ZoSob s~--rac,~*- cos ~ctos ~y, Applicant Name: `(byAl~g ~3oiec.~IG ArtCN1TECT5, l~C• Application Number: ~ - ~ 7 g 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. • ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT Gave 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 sco a of work; and I Gave 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: ~-~'~t" ~~~ i1~' Neighbor Address: I~~~ $~ ,~ ~,~ ~h ~4u ~ Neighbor Phone #: u~ I - N ~ 6 Signature: Printed: l City of Saratoga Pla~tning Department ~QQ~32 • • .. Neighbor Notification Template for Development Applications • Date: - 7- I q~~0~ 1 q'~'~!o ~l (a t~.s~N ~'~ PROJECT ADDRESS: 20506 SA2ATa~-r l,os C~ctaS 1~7, Applicant Name: `rO~NG ~ ~c~ec.ik A-tCl1 ~TECTS, l"~C• Application Number: ~ -" ~ 7 g 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. Sta, fj''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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ~y 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. ^My signature below certifies the following: I have reviewed the project plans; I • understand the scope of work; and I have issues or coucerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~~/~/1 //1/ ~~~ ~F L Neighbor Address: ,~ ~~ ~ ~~ ~~ O r o ~ ~ ~ ~ Neighbor Phone #: l ~~ ~ J ~6 ~- ~e Signature: • ?w.- ~ Printed: Plannin De artmr, ~~~~`3`~ City of Saratoga 8 P N~hbor Notification Tem late fo• g P Development Applications Date: - 7- 14~10,1~4/~ ~~~ r~.s~,v t,,,raY PROJECT ADDRESS: ZDSob SA2A-ro~' l,os Cae~tos 1et7, Applicant Name: ~p~NG ~ ~oiec.~K ArtCNiTECTS l~C• Application Number: ~ - ~ 7 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. Staj, j''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. Irrespective of the opinion expressed below, you may reserve the right to ame~id your opinion at a later date and communicate it to the City of aratoga. 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. ^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: Q g~ ~~ ~~~~~ Neighbor Phone #: ~~~ ~~-O~l, ~~ Printed: City of Saratoga • • ~> Planning Departme~~®®a~4 • hbor Notification Tem late f• N g p Development Applications • Date: - 7- I q~~0~ 1 ~F4'~lo C3/G ~S~N ~Y PROJECT ADDRESS: 20506 Sil2A'fa~*' LOS C~A?oS 1~7, Applicant Name: `~b~NG g ~3c~ec.ik ArCGI iTECTS, !~~• Application Number: ~ - ~ 7 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City o Saratoga. 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. ^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 #: ~ '( :~ i U ~~. Signature: Printed: • ~ '~/ ~^. ~ ,,: j' 0®0035 City of Saratoga Planning Department Neighbor Notification Template for Development Applications Date: -~ 7- ~~410, 144/ MI6 aas~N ~aY PROJECT ADDRESS: 20506 SMA't'n~*' l,oS C~7oS » Applicant Name: `roVNb g {3o~2t.~IC f1-tGl ~TECfS, l~C• Application Number:~~ _ r 7 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. Stajf 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ^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. ^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, Gave not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: G ~ -s Neighbor Address: ~~y,~c .B ~ ~~~_.s~ ~ L~ ~~~ ,I ~~ 1 ~ p ~ C.~ 6 7~ Neighbor Phone #: ~,~~(~~'~O ~a,~13 Z- Signature: Printed: City of Saratoga Planning Department n U • • ®4(~®~~ • • ~~~ ~; "s. 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