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HomeMy WebLinkAbout01-26-2005 Planning Commission Packet(:% '. CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, January 26, 2005 - 7:00 p.m. PLACi:: Council Chambers/Give Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Jill Hunter, Susie i\Tagpal, Linda Rodgers, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Mohammad Garakani ABSENT: Commissioner Schallop STAFF: Interim Director Livingstone and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE ?MINUTES: Draft Minutes from Regular Planning Commission Meeting of January 12, 2005. (APPROVED 6-0) ORAL COtv4vtUN~ICATIONS -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 lativ generally prohibits the Planning Commission from dish{ssing or taking action ort such items. However, the Planning Commission may instruct staf f accordingly regarding Oral Communications under Planning Commission direction to Staf f. OR~=1L COMI~'IUNICATIONS- PLAN~'I\'G COMMISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 20, 2005. 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 # 04-032 (389-12-019) SIERRA, "The Reading Clinic" 18820 Cox Avenue; - Request for a Conditional Use Permit to allow an educational facility in an existing tenant space in the Quito Shopping Center. The proposed use will tutor individuals in reading, writing and math. The site is located in a Commercial Zoning District. (joHI~T LIVINGSTONE) (APPROVED 6- 0) '/' 2. APPLICATION # 04-280 (386-14-028) FREITAS, "Primary Plus" 18720 Bucknall Road; - Request for a Conditional Use Permit and Design Review to allow an educational facility at the old school district site with the addition of two ne~v 960 square foot classrooms, one of which has already been installed. The proposed use will provide early education and day care to infants, toddlers, preschool and kindergarten ages and after school programs for children up to the age of 12 years old. The site is located in a Residential Zoning District. (JoxN LIVINGSTONE) (APPROVED 6-0) DIRECTORS ITEM - l~TOne COMMISSION ITEMS Discussion of Agenda items for the joint meeting v~~ith the City Council on February 16, 2005 COMMUNICATIONS WRITTEN City Council Minutes from Regular Meetings on December 1, 2004 ADJOURNMENT AT 8:10 PM TO THE NEXT MEETING - Wednesday, February 9, 2005 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 mahe reasonable arrangements to ensure accessibility to this meeting (28 CFR 3.102-3.104 ADA Title II). Cer-tificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the Cit}~ of Saratoga, declare that the foregoing agenda for- the meeting of the Planning Commission of the City of Saratoga was posted on January 20, 200 at the of fice of the City of Saratoga, 13777 Fruitt~ale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the Cit}~'s tivebsite at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your e-mail address to la~nning@saratoga.ca.us • CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, January 25, 2005 - 3:30 p.m. 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, JANUARY 26, 2005 • ROLL CALL REPORT OF POSTING AGENDA AGENDA Application #04-032 - SIERRA -The Reading Clinic 18820 Cox Avenue 2. Application #04-280 - FRIETAS -Primary Plus 18720 Bucknall Road Item 1 Item 2 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 3:30 p.m. and 5:00 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 AGENDA DATE: Wednesday, January 26, 2005 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners Jill Hunter, 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 January 12, 2005. 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 under Planning Commission direction to Staf f. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 20, 2005. 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. ApplicantlAppellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION # 04-032 (389-12-019) SIERRA, "The Reading Clinic" 18820 Cox Avenue; - Request for a Conditional Use Permit to allow an educational facility in an existing tenant space in the Quito Shopping Center. The proposed use will tutor individuals in reading, writing and math. The site is located iri a Commercial Zoning District. (JOHN LIVINGSTONE) 2. APPLICATION # 04-280 (386-14-028) FREITAS, "Primary Plus" 18720 Bucknall Road; - Request for a Conditional Use Permit and Design Review to allow an educational facility at the old school district site with the addition of two new 960 square foot classrooms, one of which has already been installed. The proposed use will provide early education and day care to infants, toddlers, preschool and kindergarten ages and after school programs for children up to the age of 12 years old. The site is located in a Residential Zoning District. (JOHN LIVINGSTONE) DIRECTORS ITEM - None COMMISSION ITEMS Discussion of Agenda items for the joint meeting with the City Council on February 16, 2005 COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on December 1, 2004 ADJOURNMENT TO NEXT MEETING - Wednesday, February 9, 2005 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale 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@saratogacaus. 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). Certificateof Postingof 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 January 20, 2005 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.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to planning@sarato ag_ ca.us • MINUTES SARATOGA PLANNING COMMISSION ~~Q~p DATE: Wednesday, January 12, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl Absent: Commissioner Zutshi Staff: Associate Planner John Livingstone, Associate Planner Christy Oosterhous and Associate Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of December 8, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of December 8, 2004, were adopted with corrections to pages 5, 10 and 20. (6-0-1; Commissioner Zutshi was absent) ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Associate Planner John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 6, 2005. REPORT OF APPEAL RIGHTS Associate Planner John Livingstone 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 for Design Review and ten (10) calendar days for Use Permits, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. Saratoga Planning Commission Minutes of January 12, 2005 Page 2 *** PUBLIC HEARING -ITEM NO.1 APPLICATION #04-150 (397-15-018 397-14-022 397-13-030) METRO PCS, West Valley College, 14000 Fruitvale Avenue: Request for Use Permit approval to install three panel antennas and an equipment enclosure at the theater building on the West Valley College Campus. The theater building is currently utilized by several wireless facilities. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking approval for the installation of three panel antennas and an equipment enclosure at the West Valley College theatre building. The antennas will be on the exterior of the building, at roof level and will be 60 feet high. The enclosure consists of a concrete pad that is ,10 feet by 6 feet with 6 foot high fencing. The enclosure would be located at the rear of the building. • Recommended approval. Commissioner Hunter asked staff if there is a limit to the number of antennas that can be accommodated at this site. Associate Planner John Livingstone replied that there might be an RF emissions .issue if too many antennas are combined within one location. 'ssioner Na al sou ht assurances that the emissions stud conducted takes into consideration Comrru gp g Y the cumulative effects including existing and proposed antennas. Associate Planner Christy Oosterhous replied yes. The emissions study was based upon the antennas from seven carriers. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Ms. Presley, Representative and Applicant for MetroPCS, stated that she was available for any questions. Chair Garakani asked Ms. Presley if she has plans for other sites in Saratoga. Ms. Presley replied yes. One is under consideration for placement at the Saratoga Library. She added that their equipment is small with little area necessary to accommodate it. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission approved a Use Permit to allow the installation of three panel antennas and an equipment enclosure at the theater building on the West -- Valley College Campus located at 14000 Fruitvale Avenue, by the following roll call vote: ~' Saratoga Planning Commission Minutes of January 12, 2005 Page 3 __ AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: Zutshi ABSENT: None ABSTAIN: None ~~~ PUBLIC HEARING -ITEM N0.2 APPLICATION #04-370 (503-68-013) CHRISTENSEN/ROSSI. 14111 Palomino Way: Appeal by Christensen of an administrative decision to approve an outdoor kitchen/wall and deck as an unenclosed accessory structure within six feet of the side property line on the Rossi property located at 14111 Palomino Way. The property is located in the Hillside Residential District and the lot size is 45,716 square feet. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that this action is an appeal of an administrative decision to allow an outdoor kitchen/wall and deck with outdoor kitchen, a gas grill, pizza oven and icemaker. • Reported that work had begun on this project until a complaint from an adjacent neighbor resulted in a "stop work" order being issued on September 21, 2004, for construction without permits. • Stated that on November 24, 2004, the Community Development Director made the determination to approve this construction pending revised plans to lower the wall. • Said that the neighbor filed an appeal of that decision on November 24, 2004. . • Advised that a 1993 permit had been issued for an exterior deck that was 24 feet by 20 feet. The actual deck was constructed 10 feet longer. No final inspection -was obtained and that permit expired. • Informed that this recent administrative decision was made based upon the assumption that the deck in question had been legally permitted. • Stated that staff is recommending that this appeal of that decision be upheld and that plans be revised to comply with Code requirements. • Said that the deck was built around protected trees (Oak and Redwood) and the Arborist should review the impact of this deck on these trees. The barbecue should be moved from the side yard setback, which does not permit a barbecue any closer than six feet from a side property line. Commissioner Hunter asked if this item would also go on to Council. Associate Planner Ann Welsh replied no. An administrative decision's appeal ends with the Planning Commission. The next option would consist of Civil Court action. She added that when the Commission makes initial decisions, those decisions could be appealed to Council. Chair Garakani asked staff to confirm that tonight's decision is final on this matter. Associate Planner Ann Welsh replied correct. Chair Garakani asked staff to clarify how finish grade differs from natural grade. Associate Planner Ann Welsh replied that the Zoning Ordinance does not define finish grade. That is why this is such a difficult topic. Saratoga Planning Commission Minutes of January 12, 2005 Page 4 Commissioner Nagpal pointed out that the Building Code says that the final grade is that which complies with the approved plan. Associate Planner Ann Welsh replied that this is a reasonable interpretation. Associate Planner John Livingstone added that this is consistent with how staff has viewed finish grade. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Mr. Joe Christensen, Appellant, 14055 Palomino Way, Saratoga: • Identified himself as a 20-year resident of Saratoga, five years on Palomino Way. • Said that this situation has. an impact on his home life and investment in this property. • Stated that the action to overturn this administrative decision should be taken by the Commission. • Advised that he can view this structure from every living space and recreational space on his property. • Said that this structure violates the 20-foot setback of Hillside Residential zoning. • Added that if this administrative decision were not overturned, this type of structure would be classified as an unenclosed structure elsewhere in the City of Saratoga. • Suggested that the Arborist needs to review the impacts on the protected trees, that the window located in the center of the wall needs to be removed and that the barbecue needs to be moved. • Pointed out that this deck looks like atwo-story home, overlooking their property. • Advised that he and his 14-year-old daughter are no longer comfortable using their spa. • Disagreed with the decision that this 10-foot high wall can be considered an unenclosed garden structure. • .Declared that he did not buy an acre of property to live next to a freeway quality wall. • Said that this decision to allow this structure was a disservice to his family. This structure is a multi-use structure that results in a higher intensity of use. • Stated that the administrative decision was not consistent and that this structure should have automatically been prohibited. • Restated that this structure has had a negative impact on his family and their guests as it disturbs .their privacy and has view impacts. • Pointed out that the 1993 permit for this deck was never finaled. • Said that if a complete review of the facts had been done, the fact that this deck was non- conforming would have been discovered earlier. • Suggested that this structure should have required design review approval and not been accepted as an unenclosed garden structure, which this is not. • Reminded that this intensity in use so close to a property line is not allowed. -The rear yard is a more appropriate location for this use, not a side yard. • Said that an outdoor kitchen structure should be considered within a public .hearing forum rather than at an administrative level. • Reiterated that this structure has resulted in an invasion of privacy and view impacts from his property. It devalues his property. • Said that a use of this nature only belongs in the rear yard setback. It represents very similar or greater use than many other types of enclosed structures. • Said that he questions allowing a walUkitchen structure with 10 foot-high walls. Saratoga Planning Commission Minutes of January 12, 2005 Page 5 • Urged the Commission to protect trees, to enforce the Codes that pertain to decks, to require the relocation of the barbecue and removal of the window in the wall. • Asked the Commission to follow the regulations of the Desi Handbook as this current situation sets an incorrect precedent for all residents in Saratoga. Chair Garakani thanked Mr. Joe Christensen for the packet of information provided at the site visit. Asked if the window has since been removed since he did not notice it during the site visit. Mr. Joe Christensen said that this window was covered by a black tarp at yesterday's site visit. He assured that it is still there and overlooks his pool and spa. Associate Planner Ann Welsh advised that while the plans depict an optional window, the recommendation is that no window be included. Commissioner Nagpal asked Mr. Joe Christensen if he has a written copy of his comments made this evening. Mr. Joe Christensen replied no. Mr. Ron Rossi, 14111 Palomino Way, Saratoga: • Stated that nothing has changed with his deck. • Assured that there never was a functional window planned-for this wall but rather an opening to be filled with obscured colored decorative glass. The window was never intended to be asee-through window and they had told the Christensens that fact. • Added that when the Director required the lowering of the height of this structure, most of this opening was lost. • Said that he has resided on this property since 1978 and that there was a forest of bamboo separating the properties so there were no views from one property to the other. There were never any noise or smell impacts from the two properties. • Advised that they recently took out this bamboo as it had become invasive and posed a risk to the Oak and Redwood trees. They replaced the bamboo with three large specimen Redwood trees and a Maple tree. • Said that they are prepared to accept any condition and/or record a covenant on his property to require the planting of screening landscaping as well as life-long maintenance of said plantings to remain the responsibility of him and/or any future owners of his property. He added that he was also willing to plant, at his cost, any additional screening trees on the Christensen property. • Said that they are willing to relocate the barbecue. • Said that permanent landscaping is the only solution. • Stated that staff overruled the Director's decision following his departure. • Reported that he attempted to call Planner Ann Welsh but received no call back until after the staff report had already been mailed out. However, Planner Ann Welsh spent a lot of time working with the Christensens. • Stated that he has a right to equal input from staff and that that Director's determination was correct. • Pointed out that the deck was in place since 1980 as part of the swimming pool. • Showed an aerial photograph from 1989 that showed the pool and deck. • Said that a neighbor who could not be here in person this evening sent a letter of support. Sazatoga Planning Commission Minutes of January 12, 2005 Page 6 • Stated that the staff report provided by staff was biased and erroneous. • Said that the deck in its present configuration was built under a permit. Chair Gazakani asked Mr. Ron Rossi where the aerial photograph he provided was obtained. Mr. Ron Rossi said that he had it in his office. Commissioner Nagpal asked how he knew the date of this photograph. Mr. Ron Rossi: • Said that he removed a stairway from the deck in 1992 that was still in place at the time this aerial was taken. Therefore, the photograph had to pre-date 1992. • Stated that finish grade equals when construction is finished. With natural grade, no one could have a deck, as the deck would slope: Commissioner. Nagpal asked Mr. Ron Rossi if his beginning construction without permits was simply an oversight on his part. Mr. Ron Rossi: • Said that similar approvals aze granted all the time in Sazatoga. • Said that initially, they were simply going to cover the deck with the and didn't think that a permit was required for that work.. • Added that they also hired someone to remove the bamboo that had become- invasive and realized that with that removal, they could now see in to the pool and spa area of the neighboring property. • Reminded that he had a permit with the City for the family room that was under construction at the same time. Building staff was coming by the house all the time to inspect that project so he would never have knowingly undertaken additional work on his property that required a permit without obtaining that permit. Commissioner Rodgers reminded Mr. Rossi that five years ago he had represented neighbors who had a dispute and was able to bring forward a resolution to Council. Asked if he was unable to broker such a resolution with the Christensens. Mr. Ron Rossi said that he would love to. He said that he had tried to come up with a solution with the Christensens, as he is a big advocate of mediation. Reminded that his offers included a landscaping easement, provision of screening landscaping and the relocation of the barbecue. Commissioner. Rodgers pointed out that these two homes are located very closely at that point and that the Christensen home is oriented towazd the Rossi home. Mr. Ron Rossi reminded that his deck was not previously visible from the Christensen property because of the screening provided by the bamboo on his property. Commissioner Rodgers pointed out that this is a very lazge structure that is very visible from the Christensen property. Asked if there is any way to re-orient this structure. Mr. Ron Rossi: • Reported that their barbecue has been located at this spot forever. Saratoga Planning Commission Minutes of January 12, 2005 Page 7 • Added that the use has not intensified as they have been using this area for years and that an added icemaker does not make this azea into a kitchen. • Reminded-that there has never been a noise problem from his property and that he is willing to have any kind of reasonable noise restrictions imposed upon him. Commissioner Rodgers asked if anything else can be done to screen this structure and whether he is willing to have restrictions on the hours of use. Mr. Ron Rossi said that he is willing. He added that they have already lowered the structure and installed landscaping that will grow quickly to screen this structure from the neighbor's view. Commissioner Nagpal asked Mr. Ron Rossi if there is another location on the property that can accommodate this use. Mr. Ron Rossi: • Replied no, there is no other place. • Added that this deck area is situated right off their kitchen. Moving it would be costly and less convenient to use. • Reminded that they have used the deck area in this way for the last five years. • Said that they can see their neighbor's house from their kitchen. • Agreed that landscaping is the solution and reminded that he is willing to record a covenant to retain responsibility to provide this landscaping. • Pointed out that such a covenant is enforceable. Mr. Park Miller, Architect, 327 Oak Meadow Drive, Los Gatos: • Advised that he has worked with Mr. Rossi several times. • Said that he was called by Mr. Rossi following the issuance of the "red tag" stopping construction. • Said that there is a solution available that is beneficial to all. • Reminded that the objective for Mr. Rossi is to repair his deck and improve the privacy between the Rossi and Christensen properties. • Said that Mr. Rossi consulted with Planning staff and was advised that this could be considered an unenclosed garden structure, as it is an unenclosed decorative wall and terrace and sits in a garden. • Said that there are limitations to the use of an unenclosed decorative structure and they made adjustments to the plan and submitted it to staff. They were told that -this was an issue for consideration by the Community Development Director. The Director found that this application conformed as an unenclosed gazden structure but that the neighbor appealed that finding. • Stated that the staff report has made additional recommendations and Mr. Rossi finds most acceptable. • Said that the wall cutouts were simply decorative. • Said that there are two options to consider. One, the structure as a whole is an unenclosed gazden structure, no different than a gazebo. Two, a retaining wall up to three to four feet is permitted. It can then be backfilled and the deck placed on finish grade. • Showed a photograph as an example of proposed landscaping consisting of vines and trees. • Reminded that there is no intensification of use. The use would be the same as before. Commissioner Nagpal pointed out that a wall does not normally include a window but rather serves as a physical barrier between two properties. Saratoga Planning Commission Minutes of January 12, 2005 Page 8 Mr. Park Miller replied that the wall addresses immediate privacy needs. Commissioner Nagpal asked if forming a physical barrier is the goal for this wall. Mr. Park Miller replied yes. Commissioner Nagpal asked Mr. Park Miller if he has evaluated locating this elsewhere on the Rossi property. Mr. Park Miller said that,he became involved after the fact. He is trying to help find a solution. He added that the way the Rossi house is configured; this area represents an activity node between the kitchen, deck and pool. Commissioner Rodgers asked Mr. Park Miller if he was involved when the deck foundation was placed. Mr. Park Miller replied no. Chair Garakani asked if the vegetation in the sample photograph would require full sun. Mr. Park Miller replied that this photograph is simply intended to serve as an example of what kind of screening with landscaping is possible. Mr. Paul Mehus, 629 N. Santa Cruz Avenue, Los Gatos, pointed out that every site is different. This is not a classic side yard as the Rossi house is angled on this property. Mr. Todd Johnson, Appraiser; 85 College Avenue: • Said that Mr. Rossi hired him after learning that the Christensens were having an appraiser determine negative value impacts on their property as a result of this structure on the Rossi property. • Said that he inspected the deck and saw it from the Christensen property perspective. • Reminded that previously, bamboo on the Rossi property provided privacy for both the Christensen and Rossi properties. • Pointed out that the wall will be landscaped and maintained to mask the appearance of the unenclosed garden structure on the Rossi property from view on the Christensen property. • Disagreed that the structure was visible from every room of the Christensen home and assured that landscaping would substantially reduce views of this unenclosed garden structure located on the Rossi property. • Reported that it is his conclusion that there is no diminishing of property values for the Christensen property. Some privacy was lost with the removal of the bamboo and the unenclosed garden structure will serve to reduce noise impacts. • Added that the Mr. Rossi is prepared to provide all required screening landscaping for both properties. • Advised that with the covenant agreed to by Mr. Rossi, the Christensens are assured landscaping maintenance. • Added that such an installation would be permitted in Monte Sereno. Saratoga Planning Commission Minutes of January 12, 2005 Page 9 Commissioner Hunter pointed out that at a hearing in December, many spoke out against having walls in the hillsides as being offensive. Mr. Todd Johnson said that with the landscaping this wall will not be visible and therefore would have no impact at all. Associate Planner Ann Welsh advised that in the Hillside zoning district, a property owner could enclose 4,000 square feet area of their property. Ms. Dana Rogers-Burns, Real Estate Agent, 12600 Easton Drive: • Said that the Rossi home is beautiful and enhances the neighborhood. • Opined that the deck is charming. • Suggested that the structure proposed is a benefit to both properties and that with the proper landscaping, this visibility will soon go away. • Said that Mr. Rossi's willingness to impose a covenant on his property is a brave thing to offer and is a benefit to the neighbor next door. • Said that she hopes this can be resolved. • Pointed out that different amenities are desired these days. She said that she finds lots of pizza ovens and elaborate landscaping. • Reiterated that this will be a benefit to both parties. Commissioner Rodgers stated that Ms. Rogers-Burns might have a different perspective if she were showing the Christensen home. Ms. Dana Rogers-Burns replied that this is a structure more than a traditional wall and would be landscaped away from view. Mr. Rob Posadas, 14141 Palomino Way, Saratoga: • Said that this structure is viewable from his property too but that he is looking forward to its completion as he expects that it will be beautiful. • Said that it is common to see outdoor barbecue areas such as this and that they improve the feel of a neighborhood. • Stated that this would be impressive and encouraged its approval. Chair Garakani asked Mr. Rob Posadas if he would feel the same if he lived on the Christensen property. Mr. Rob Posadas said he would like it even more if he lived on the Christensen property. He said that he lives further than the Christensens do and would want landscaping to screen it from view. Commissioner Nagpal asked Mr. Rob Posadas if he is the rear yard neighbor to the Rossi property. Mr. Rob Posadas replied yes. Ms. Rina Pieters, 14178 Palomino Way, Saratoga: • Said that she has known the Rossi family for 25 years. • Assured that the end result would be beautiful. Saratoga Planning Commission Minutes of January 12, 2005 Page 10 • Stated that they are considerate people who will take their neighbor's interests into consideration. Mr. Kirb Miller 14098 Palomino Wa , Sarato a: y Y g • Said that he has resided in the neighborhood for 33 years and his kids played together with the Rossi children. • Identified himself as an acoustics professional. • Said that the general rule of thumb regarding noise is to avoid any sight of line between the source and the observer. • Stated that the potential source of noise is better off the more obstructed it is from view. • Declared that the Rossis are great neighbors. Mr. Bob Weaver, San Jose: • Stated that he once lived on Palomino Way. • Said that it is unfortunate that everyone is here this evening spending time on this issue. • Agreed that both families feel strongly about their respective positions on this issue and that a solution is required. • Suggested that there is no problem or conflict that cannot be resolved and that the give and take that comes with mediation could better deal with this situation. • Said that the Rossis are great neighbors and have a beautifully landscaped property. Ms. Mariola Ilnicka, 14174 Palomino Way, Saratoga: • Said that she has lived in the neighborhood for 13 years. • Stated that the Rossi yard is always beautiful and appealing to the neighborhood. • Said that she would support such a structure and assures that it will be a beautiful addition with the proposed landscaping. Mr. David Rossi, 1205 Normandy Drive, Campbell: • Identified himself as the Rossis' son. • Pointed out that the way this lot is configured, the house is built down into the hill. Lots of property on the site is unusable. • Stated that the deck is located next to the kitchen and his family has used this deck for most of his live, since 1980. His parents since 1975. • Said that they have put in a deer fence and effectively screened it with landscaping to hide it. • Reported that the property line landscaping between the Christensen and Rossi properties has been maintained by his mom for the last 30 years while trees have died on the Christensen property. • Said that this proposed use does not represent intensification of a use as it has been in place since 1980. • Suggested that emotion is getting in the way and that he is not sure what the Christensens want. • Reiterated his belief that-the Christensens do not maintain the property line and that this unenclosed garden structure will actually serve to increase their privacy. • Said that the Christensen home slopes further down than his family's home, as their land is set lower. • Said that he looked for a definition of kitchen and found one that says that it consists of 220 power and full-sized refrigerator, which he found to be rather a vague description. Ms. Lillian Fromer, Palomino Way, Saratoga: • Said that she is a one-year resident. Saratoga Planning Commission Minutes of January 12, 2005 Page 11 • Stated that she envies the Rossi garden and has a straight on view into it. • Added that the Rossi family is quiet. Mr. Joe Christensen, Appellant: • Advised that this is not a neighborhood dispute with the Rossis. • Added that the only issue he finds disappointing is when the Rossis say that they talked with them. • Stated that a wall in a rural area is unacceptable. • Pointed out that if there is an appearance that homes are too close together, some potential buyers simply walk away. • Agreed that he has spoken with staff a significant number of times regarding this situation. • Advised that in order to do so he waited in line, signed in and met with staff. • Said that he had one meeting with Ann Welsh in January. However, the Director never returned calls to him. • Informed that he has owned this home for five years and agreed that there have been no noise concerns in the past with the Rossis. • Pointed out that staff had rejected the proposal by the Rossis and the matter went to the Director for consideration. The Director overturned staff's denial based upon a meeting with Mr. Rossi. • Said that this structure has a negative impact on his property and would set a precedent by being classified as an unenclosed garden structure. Instead, this is an outdoor kitchen that has adverse impacts on privacy, views, intensity of use and property values as a result of having it located six feet away from his property. • Added that there are no other comparable structures in the Hillside zoning district that is located so_ close to the property line. • Reminded that this impacts the value of his home. • Advised that this is not about landscaping mitigating design flaws. Rather, site use is the issue. • Stated that to resolve existing Municipal and Residential Handbook compliance issues, the Arborist needs to review impacts on the protected trees, the optional window depicted on the plans needs to be removed and the barbecue needs to be relocated near the pool. If this barbecue is portable, it can stay. If not, it should be moved. • Said that the deck encroaches into the setback and is actually an existing non-conforming deck. It is more than 11 years old and a Class V deck, which now should be scheduled for elimination, as there is no proof that there is a legal permit. • Said that the whole deck as it now exists is not how it was depicted on the plans. It is much larger. • Stated that concentrated use is a big issue. Rear yards are where people are to gather, not side yards. • Cautioned that this is aprecedent-setting decision in calling this an unenclosed garden structure as if it were like a trellis. • Said that the impact is like allowing a kitchen in the side yard. • Stated that landscaping is not intended to mitigate design problems, which include privacy and bulk impacts. • Reminded that this structure is visible from the main rooms of his home, including the master bedroom. • Described this structure as a freeway style stucco sound wall. It decreases property values and landscaping won't fix this issue. • Reiterated that this structure decreases his family's enjoyment of their home. Saratoga Planning Commission Minutes of January 12, 2005 Page 12 • Stated that when he bought this home, he expected 20 foot setbacks not afreeway-style wall located just six feet from his home. • Pointed out that he pays higher property taxes for living here in a rural area. Chair Garakani asked if there was a lot of screening provided before by the bamboo. Mr. Joe Christensen replied yes. Chair Garakani asked Mr. Joe Christensen if he was aware that the deck was there on the Rossi property. Mr. Joe Christensen said he did not know for sure. However, what he sees now is something higher than ever seen before. Chair Garakani said that privacy would be an issue when people are standing on this deck without the proposed landscaping. Mr. Toe Christensen reminded that the aerial provided by staff shows an overhead trellis and not the deck extension as it exists today. Chair Garakani closed the Public Hearing for Agenda Item No. 2. Commissioner Rodgers asked staff to explain the comment by Mr. Christensen regarding the Class V non-conforming structure that should be scheduled for elimination. Associate Planner Ann Welsh advised that this applies to non-conforming structures. However, the assumption is that this deck is a legal non-conforming structure so this rule does not apply. Associate Planner John Livingstone added that forcing owners to remove non-conforming structures is difficult. A draft has been prepared that proposes to removed this language from the Ordinance. Commissioner Nagpal asked if a physical barrier such as this could be construed as a fence. Associate Planner Ann Welsh replied that since this structure is not an enclosure, it does not apply. Commissioner Nagpal asked if there is a protocol that determines when such an application is handled administratively as opposed to being brought to.the Commission. She asked if the Commission could make Design Review findings. Associate Planner Ann Welsh advised that the Ordinance doesn't address this. If the Director feels it is beyond his/her scope, that Director has the option to bring a request before the Planning Commission for a decision. Since this item was so contentious, .staff thought it was important to bring this .item to the Commission. Commissioner Nagpal said that in clarification, upon looking at the Ordinance as it pertains to accessory structures, it appears that the Direct could have brought this item to the Commission. Saratoga Planning Commission Minutes of January 12, 2005 Page 13 Associate Planner Ann Welsh added that it could be determined that such a structure requires a Use Permit. Commissioner Schallop: • Said that this is a complicated issue and he appreciates hearing both sides. • Stated that the removal of the bamboo highlighted what is going on with this structure. • Said that even thought construction is already underway, this item should still be considered as if it is an original permit review prior to construction. • Called out three potential arguments. One, this is a legal non-conforming and previously existing deck with no record provided by the City or the owner. Two, the Director approved this project as an unenclosed garden structure, which is not a proper interpretation, in his opinion. Three, the issue of finish grading, which he interprets to be based upon an approved plan. • Said that in looking at the equities of this situation, he visited both sites today. • Advised that clearly there are impacts on the neighbor's views. as a result of this structure, which is visible from their yard. • Pointed out that most property owners would not want to be looking at this .structure from their yard. Commissioner Rodgers: • Stressed the importance of balancing the impacts on these two neighboring properties. • Reminded that this is a rural atmosphere in a Hillside Residential zoning district, which is different from the flats of Saratoga. Instead people expect views of trees and wildlife, one of the reasons for the development of Hillside Residential regulations. • Pointed out that the Design Guidelines caution against using landscaping to cure architectural problems. • Described several problems with this wall structure including height, setback, noise and line of sight. • Said that there are other ways to deal with noise outside of installing a large wall, including regulating hours of use and notification of neighbors. • Stated that she is concerned about what kinds of applications are approved and stressed the importance of having plans before the City prior to construction beginning. • Stated that she did not believe this structure can appropriately be categorized as an unenclosed garden structure, which are ornamental and decorative structures that are no closer than six feet to a side yard property line and shall not exceed 8 feet in eight. Examples- of unenclosed garden structures are open, not solid walls, no kitchen structures. Therefore, asemi-enclosed kitchen is not a garden structure. Rather it should fit the types of structures already listed. • Said that she does not see the need for something that high, while it may be nice when viewed from the Rossi property. However, the architect could probably come up with a more creative solution. • Stated that she would not have approved this deck as it stands and that since a retaining wall issue is not before the Commission, it is not appropriate to consider one. Chair Garakani asked Commissioner Rodgers if she does not believe this qualifies as an unenclosed garden structure. Commissioner Rodgers said no, it does not serve the same or similar function as any of the other listed unenclosed garden structures. Saratoga Planning Commission Minutes of January 12, 2005 Page 14 Chair Garakani asked if she feels this is a structure. Commissioner Rodgers said she is not sure but she knows it does not qualify as an unenclosed garden structure. While it does not have to be defined specifically as a kitchen, it clearly is not an unenclosed garden structure, as it does not fall within the descriptions in the Code. Commissioner Nagpal: • Agreed with Commissioners Schallop and Rodgers, saying that this is very difficult and that an entire neighborhood is here. • Said that she too has difficulty fitting this structure into the unenclosed garden structure category and reminded that barbecues are not allowed within six-feet of the rear property line. This use is even more intense that a simple barbecue. • Said it is difficult to agree to this structure and use within a side yard setback. Commissioner Rodgers: • Agreed with Commissioner Nagpal. • Added that although the neighbors appear supportive of the Rossis, when looking at this structure from the Christensen property, they are very directly affected. Unfortunately, it appears this matter has put a wedge into this neighborhood that she hopes can be resolved. Commissioner Hunter: • Said that being on the Planning Commission can be a very difficult thing. • Advised that-the Commissioners are volunteers with differing professions. She has previously sat on the School Board. • Stated that both the Christensens and the Rossis are wonderful. • Said that from the Christensen property, this structure can be seen very clearly and it does impact them tremendously. • Advised that mistakes were made. • Suggested Cherry Laurel as a shrub that is rapid to grow. • Said that she hopes all of these neighbors can get along and thanked everyone for coming to the meeting. • Announced that she plans to support the staff recommendation to uphold this appeal by the Christensens. Commissioner Uhl: • Apologized for missing the site visit. • Said that the City has regulations and Codes to avoid these types of situations. • Said that from looking at the Code, he would never have approved this if it were coming before the Commission as a new application: Chair Garakani • Said that both sides are affected. However, the Rossis have had this deck and enjoyed it for a long time. • Said that with the removal of the bamboo, everything suddenly become more visible. • Said that when good vegetation has grown in, the Rossis can come back and re-apply. However, at this point, this structure cannot be allowed. Sazatoga Planning Commission Minutes of January 12, 2005 Page 15 • Stated that if this item were before the Commission prior to being constructed, it would not be approved as it is. This is too much for this area. • Pointed out that even if the wall comes down, the deck will still be there. There will still be a barbecue. • Reminded that asix-foot high wall is allowed at the property line and Mr. Rossi is not required to plant any screening landscaping. • Agreed that the wall does not look too good right now. Commissioner Hunter pointed out that an outdoor fireplace is not a good idea in the Hillside district. Associate Planner Ann Welsh advised that an at-grade fireplace is allowed but that bazbecues aze not permitted in a side yard setback. Chair Garakani said that he would prefer to have these neighbors work together to come up with a solution. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission upheld an appeal and overturned an administrative decision made by the Community Development Director to approve an outdoor kitchen/wall and deck as an unenclosed accessory structure within six feet of the side property line on the Rossi property located at 14111 Palomino Way, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: Zutshi ABSENT: None ABSTAIN: None Chair Garakani advised that this action of the Commission is final. *** PUBLIC HEARING -ITEM N0.3 APPLICATION #04-176 (503-16-050) KOENIG, 13071 Pierce Road: Request Design Review Approval to build a new two-story house. The proposed house will be 5,404 square feet. The proposed floor azea includes athree-caz garage. The structure will also have a 360 square foot cabana and a 1,996 square foot basement. The gross lot size is 54,198 squaze feet and zoned R-1-40,000. The maximum building height of the residence will not exceed 26 feet. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking Design Review approval to allow the construction of a new two-story house with 5,404 square feet and athree-car garage, a 360 squaze foot cabana and a 1,996 squaze foot basement. The maximum height will be less than 26 feet. • Described the pazcel as consisting of 54,198 squaze feet in an R-1-40,000 zoning district. • Stated that the homes in this neighborhood vary in age and design with no consistent pattern. • Said that the project proposes horizontal wood siding, which is similar to that used across the street. Saratoga Planning Commission Minutes of January 12, 2005 Page 16 - • Informed that this project is consistent with Design Review findings and with the Residential Design Handbook as it incorporates varying rooflines, horizontal siding and bay windows that add character and help reduce bulk. • Said that two protected trees would be removed, an apple and a palm, and would be replaced with trees of equal value. Seven new trees are proposed. • Recommended approval. Chair Garakani opened the Public Hearing for Agenda Item No. 3. Mr. Walter Chapman, Project Designer: • Advised that his clients, the Koenig's, submitted plans five years ago that were denied due to perception of mass. • Said that he has come up with solutions to the issues raised at that time by rotating the mass away from the neighboring property. The windows face to the front and back yazds. • Said that the primary use of the home would be to the south side of the property, including the garage. • Stated he was available for any questions: Commissioner Hunter asked if Mr. Chapman was the designer five years ago. Mr. Walter Chapman replied no. Commissioner Hunter asked if the neighbor who had concerns is the right side neighbor. Mr. Walter Cha man re lied es. Their concerns were loss of sunli ht. To alleviate that concern, they P P Y g have moved the second story to the other side leaving more of the first story element closer to their side. Commissioner Hunter pointed out a letter from Mr. Weldon that sounds as if he is still riot happy. Mr. Walter Chapman said that Mr. Weldon might have comments this evening. Commissioner Hunter asked Mr. Walter Chapman if he is aware of Mr. Weldon's letter. Mr. Walter Chapman replied yes. He added if this house were limited to being asingle-story, there would be more house located at the shared property line with the Weldon property. He assured that he has taken their concerns into consideration as much as possible. Ms. June Weldon, Pierce Road, Saratoga: • Stated that she can't stand the azguing any more and that they have decided to stop fighting this. • Said that they do not want atwo-story next to them but won't dispute it -any further. • Said that after the framing is completed, the two sides would determine where additional shrubs aze needed. This has been agreed to with the Koenigs. • Said- that this will be an enormous house that will look into their three bedrooms. However, it is nicer than the previous design. - Saratoga Planning Commission Minutes of January 12, 2005 Page 17 Mr. Walter Chapman said that they have agreed to plant to the Weldons' specifications and have a handshake agreement with them as well as having placed that condition on the plans to document that agreement. Commissioner Hunter: • Pointed out that Pierce Road is going through a change. It has lazge pazcels and people who buy them aze tearing down and putting up new houses. • Said that this house design is good looking. • Said that there are wonderful oleanders on site that will help screen and that this is likely to be less intrusive than the Weldon's may feaz. • Said that she has no objection to this request. • Stressed that it is difficult for people to see change in their neighborhood and reported that lots of people have approached her to express their concerns for the Weldons. • Added that denying atwo-story is hard to do. Chair Gazakani closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Uhl, the Planning Commission granted Design Review Approval to allow the construction of anew two-story house on property located at 13071 Pierce Road, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and -Uhl NOES: Zutshi ABSENT: None ABSTAIN: .None DIRECTOR'S ITEMS ~~~ Associate Planner John Livingstone advised that Council discussed scheduling Planning Commission training,- particularly Design Review training, perhaps in combination with another city. Commissioner Nagpal suggested that an agenda be developed for the upcoming joint session with Council. Commissioner Hunter: • Agreed that the upcoming joint Council/Planning Commission meeting set for February 24`~ is crucial. • Stated that she would like for the Commission to have input on what type of design review training is proposed for the Commission and suggested that this training occur after April when the new Commissioners come on board. She reminded that three seats are up-for appointment this yeaz. • -Asked staff to place an item on the next Planning agenda to allow the Commission to further discuss potential agenda items for the joint session with Council. COMMISSION ITEMS Chair Garakam suggested that the site visits be returned back to the previous 3:30 p.m. time. Saratoga Planning Commission Minutes of January 12, 2005 Page 18 Commissioner Schallop said that first thing in the morning is best for him. Commissioner Uhl agreed that 7:30 a.m. would be a good time. Associate Planner John Livingstone said that staff could accommodate 7:30 a.m. site visits. Chair Garakani suggested that the next site visit occur at 3:30 p.m. to allow staff the time to ensure that an early morning schedule would not adversely .impact counter coverage if these visits were to be moved to 7:30 a.m. in the future. COMMUNICATIONS There were no communications items. AD TOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, Chair Garakani adjourned the meeting at 10:25 p.m. to the next Regular Planning Commission meeting of January 26, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • • • K" • • • Item 1 REPORT TO THE PLANNING COMMISSION Application No./Location: 04-032;18820 Cox Avenue Applicant/Owner: Sandy Sierra/Quito Village Group, LLC -Staff Planner: - John F. Livingstone, AICP - --- - - InterimCommunity Development Director Application Type: Conditional Use Permit for the Reading Clinic Date: January 26, 2005 n APN: 389-12-019 Department Head: ~L ~~ ,, ,_ ,, - ; ~ ~~ • - ~ `~, I I I ~_..__-.1.._ ....__-----~-.. ,~ :~ ~~~~2 _ _~r I ,..._ ddfer zaes grand 180 (bc Avenue ,~' I ~'~"-' I._ /~.. ~ ~ ~'~ , N I 18820 ~c Avenue ~ ,! ~ ; "' ~ ~ I Ra SOd Fran 18820 Qtt Avenue / ~ ~ f ,W~• __ I I .. ^~ ~ ~ ' I ~ ....~ I _ _. rcunw i •.~. .., i ._._. 1.. _i ~9~ ~% / _ _ S _ ...-1 -, ---~ `r ,` ~ ~ ,' ~ ~ i ~ I ~ ~ ~ 1 _ .'- -~ :._ --- . ~ I _. :. ~ ~ ~ t ~ a>go-'- - ~~ -r- -• I - m~ I r . .. .' ~'1• ` SWATOC4AV ~, ~__~__~-__ __' _ __ ... _ -J _ ._-_ ... .: .1 _ I I ~ ....._ J _ ~ ~I ~ ~`y. _ \! F ~RD ~ ~; / 1- 1 `, - / ~ ~ I ~ ~,I can ~ ~ ,,-,_ t~ .--- - ~,_ ;~ I ~~ ` ... ' -..~ ~ / / ~._ .....I .. I - ' .. ~aiocanir,~ \~,eaic a,~p,~ ~ y~•~.~ - -- - fr~o~a I'~ - i ~-}-~I..._~ -,--I-! arror~ ~ _, ~ I ~" _._ \ ~ I I .: ;. ~~; ~_ Y ~,, ~~ ~ . I- ._~ i~l -; ~ r~- , ~ ~i . .: >. I- _ I y ~,o" Aso 30o nso sao icon % ~°"~ I I Pp I J ~ _ ` ~ I I ' ~_' ~ i " I '`f _ I I ~ - ~ ~ Fem. ---a ,.. .. I ~ J. _ ~~:c ~-. _ .._... ......--L_ ..~.~ .... _ .._ ~ . 18820 Cox Avenue ®C1©O~. EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 2/23/04 12/13/04 U12/OS U06/05 U20/05 The applicant is requesting a Conditional Use Permit to allow an educational facility in an existing tenant space in the Quito Village Shopping Center. A conditional use permit is required to change from a retail use to an educational use. The site is a 1,320 square foot commercial space located in the Quito Village Shopping Center and is within a Neighborhood Commercial zoning district. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution 2. Letter from the applicant 3. Program Overview 4. Neighborhood Notification form 5. Fire District Letter 6. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels 7. Applicant's Plans, Exhibit "A° • • 0®0002 Application No. 04-032;18820 Cox Avenue, The Reading Clinic STAFF ANALYSIS ZONING: C-N, Neighborhood Commercial GENERAL PLAN DESIGNATION: Retail-Commercial MEASURE G: Not applicable _ __ PARCEL SIZE: 6.24 acre (Quito Village Shopping Center) AVERAGE SITE SLOPE: Less than 3% GRADING REQUIRED: None proposed MATERIALS AND COLORS PROPOSED: No exterior changes are proposed. ENVIRONMENTAL DETERMINATION: The proposed project consisting of the conversion of an existing small structure from one use to another is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). PROJECT DISCUSSION The Reading Clinic has been in business at the current location since November 2003. During the review of their business license request for this location staff found that no Use Permit had been received or building permits issued for the interior tenant improvements. The applicant has now applied for the Use Permit and will comply with all Building Code and Fire requirements. Educational Facllityas ConditionallyPermitted Use Establishing and operating an Educational Facility in any of Saratoga's Neighborhood Commercial Zoning Districts requires the issuance of a Conditional Use Permit. This process allows the Planning Commission to impose conditions on a project to ensure its compatibility with adjacent land uses. Parkingand Circulation Parking for the proposed educational facility is provided in the Quito Village Shopping Center. Based on aretail-parking requirement of one-space/200 square feet, a retail use would require 6.6 spaces. The applicant is proposing to have a maximum of 6 staff members working at the facility. The City Code requires one parking space per employee for an educational facility, thus the applicant would not exceed the allowed parking for the tenant space. Staff has also surveyed the parking area during the business day and found there to be adequate parking available. ~®~®~~ Application No. 04-032;18820 Cox Avenue, The Reading Clinic Hours of Operation The applicant is proposing the following hours of operation: Monday through Friday: 8:00 a.m. to 7:00 p.m. Saturday and Sunday: 8:00 a.m. to 5:00 p.m. • The center allows earlier and later hours of operation than that proposed by the applicant. Staff has not placed a condition of approval limiting the hours of operation to those stated __ __.____above,_to__allow the owner greater flexibility for any future adjustments to the hours of _ __ operation. Signage The applicant is subject to the Quito Village sign program. Staff has included as a condition of approval that all proposed signage conforms to that program. Correspondence No correspondence regarding this application has been received to date. Conclusion Staff feels that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: • The proposed educational facility meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment is appropriately located to provide a service required by the residents of Saratoga and it promotes a stable, attractive environment which compliments the Quito Village Shopping Center and the adjacent residential neighborhood; and • The proposed educational facility will not be .detrimental to the public- health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposed project will be required to meet all building and fire code requirements; and • The proposed educational facility will comply with all other applicable provisions of the Saratoga Municipal Code. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. • ®®~®©~ • Attachment 1 • ~~~®~S RESOLUTION NO. Application No. 04-032 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Reading Clinic 18820 Cox Avenue WHEREAS, the City of Saratoga Planning Commission has received an application -------xo-allow an_educational facility in_an_existing_tenant_space in the Quito Village Shopping_ _ ______.._ Center. The site is located in a Commercial Zoning District; and WHEREAS, the Planning Commission has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds the proposed project consisting of the conversion of an existing small structure from one use to another is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA); and WHEREAS, the Planning Commission finds that all of the findings required within Section 15-55.070 of the Ciry Code can be made in the affirmative in that: The proposed educational facility meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment is appropriately located to provide a service required by the residents of Saratoga and it promotes a stable, attractive environment which compliments the Quito Village Shopping Center and the adjacent residential neighborhood; and • The proposed educational facility will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposed project will be required to meet-all building and fire code requirements; and • The proposed educational facility will comply with all other applicable provisions of the Saratoga Municipal Code. Now, THEREFORE, the Planning Commission of the Ciry of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the floor plan and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit approval is hereby granted subject to the following conditions: ~®~~~ PLANNING 1. The Planning Commission shall retain continuing jurisdiction over the Conditional 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. 2. This Use Permit supersedes all previous Use Permit Approvals. 3. The store shall operate as represented on the plans marked Exhibit "A". 4. Any intensification of this use shall require an amended Conditional Use Permit. -- -- - - 5.- -Prior- to-issuance-of-Building--P-er-mits -for-any-internal -tenant--improvements, - detailed construction plans shall be reviewed and approved by the Planning Division for Zoning Clearance to verify consistency with the approved Exhibit "A" plans. The construction drawings shall incorporate a copy of this Resolution as a separate plan page. 6. -The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 7. Deliveries shall take place only during normal business hours. 8. Any signage shall obtain a building permit and conform to the Quito Village Sign Program and City Code Article 15-30. CITY ATTORNEY 9. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit or Business License must be issued and construction or business operations commenced .within 36 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 15-55.080 and 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. • ®®~®~~ PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of January 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ---- 1.110.~1L~ 1--10.1111111'-l_.V1111111JA1V11- ------- --- _---- - --' ---- -- ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and. conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date i i r~ ~~ ~®~i~o~ • Attachment 2 i~ ®~®©~ Deborah C. Winter, Esq. Attorney at Law 26 Alvarado Avenue Los Altos, California 94022 Tel: 650.948.9552 • Fax: 650.948.9442 Mobile: 650.823.8546 • winterlawC~earthlink.net January 6, 2005 - -- -The-Planning-Commission - -____- - - - _.__- - - --___ _ -- of The City of Saratoga ~ ~ ~ ~ IUD 13777 Fruitvale Avenue U II ,, Sazato a, CA 95070 J~ IU g JAN 0 7 2005 L Re: The Reading Clinic, Inc. / 18820 Cox Avenue CfTY OF sAruTOGA Application #04-032 / Plan;ng Submission ~ ~ ~ l~ Deaz Members of the Commission: This letter is a request to review The Reading Clinic's submission for planning approval. We hope this submission provides all the information needed for a favorable review. The Reading Clinic offers professional services that provide assessment and consulting to people with challenges in the learning process. The Reading Clinic's consultants meet with clients to determine their strengths and weaknesses and provide alternative methods for the client to build on their strengths and overcome areas that need improvement. Please see the enclosed brochure which provides an overview. The average length of each study session is 55 minutes and the hours of operation are: Monday through Friday, 8:00 a.m. to 5:00 p.m. during the Summer period (mid-June through August); Monday through Friday, 8:00 a.m. to 7:00 p.m. and Saturday, 8:00 a.m. to 5:00 p.m. during the Fall, Winter, and Spring period (Sept. through mid-June). The peak hours of operation are: Monday through Friday, 8:00 a.m. to 12:00 p.m. during the Summer period; Monday through Friday, 3:00 p.m. to 7:00 p.m. during the Fall, Winter, Spring period. The maximum number of staff and clients on site during the busiest time of day are: four (4) consulting staff, one (1) office personnel, one (1) manager and eight (8) clients. The Reading Clinic's location at 18820 Cox Avenue is located in a shopping center with adjacent tenants consisting of a The Movable Feast, a restaurant, on one side and Quito Nails, a nail salon, on the other. Both adjacent tenants have reviewed the project plans and neither have any concerns or issues with The Reading Clinic as their adjacent tenant. Please see the enclosed signed approvals from The Movable Feast and Quito Nails. r~ ~~ ~®3.® PAGE TWO January 6, 2005 The City of Saratoga Planning Commission Re: The Reading Clinic, Inc. / 18820 Cox Avenue Application #04-032 /Planning Submission - The-Reading-Clinic~nitiall~ applied-for-a license-prior-to-opening~or_business. The. -_____ Reading Clinic believed in good faith they had addressed all compliance requirements prior to opening. After The City of Saratoga notified The Reading Clinic of application and permit issues, The Reading Clinic worked diligently with the City of Saratoga Planning Department and the Santa Clara County Fire Department to address requirements based on the E-2 Occupancy classification. To date, The Reading Clinic has obtained the necessary permits and completed the requirements identified by the Santa Clara County Fire Department. Other improvements, including a second restroom, are identified in the project plan drawings and will be completed upon approval and obtaining the necessary permits. Please see the enclosed permit granted by the Santa Clara County Fire Department. The Reading Clinic looks forward to the Commissions site visit on January 25 and continuing to work with The City of Saratoga to meet planning requirements. The Reading Clinic has strived to keep its business a friendly and cheerful place providing a service that is in demand and a value to the Saratoga community. Should the Planning Commission have any questions or require additional information, please feel free to contact my office. Sincerely on behalf of The Reading Clinic, Deborah C. Winter, Esq. Enclosures: The Reading Clinic Overview of Programs The Moveable Feast approval Quito Nails approval Santa Clara County Fire Department Permit cc: The Reading Clinic, Inc. DCW:emd • • Attachment 3 ®®®®~~ ,arm: 1Nelcome! niC~ An Overvievu Of Our Programs ^~~~ _. Since 1997, The Reading Clinic has helped children and adults'with a wide variety of learning differences to improve their .,_ mss:,,:---- --- reading, spelling, math, comprehension, and writing skills.-Our-successisbased-on-our stu ents-successes ---- - Led by directors with more than twenty-five combined years of experience, managed by highly educated learning consultants aware of current research, and staffed by skilled tutors trained in effective techniques, we work as a team along with parents and schools. Because we tailor our programs to an individual's changing needs, and then administer those. programs intensively on a one-to-one basis, our students are able to perform at a level they and their families might not have viewed as possible--a level that matches their true potential. Teachers, resource specialists, psycho educational consultants, and parents throughout the San Francisco Bay Area know the Reading Clinic's record of success and use us as a component in programs for students who need help. We see the results of our work in significant increases on standardized tests, in feedback from parents and teachers, and in the flowering of our students' personalities. The Reading Clinic uses widely recognized tests to identify the symptoms and diagnose the causes of learning.difficulties. In personal consultations, we explain the tests as well as the process of reading, spelling, comprehension, writing, and ~~- math. We offer this diagnostic service on its own, or use it to craft a program with realistic goals geared to the specific individual. Later, we employ the tests as a benchmark to measure progress. Based on the latest research and proven methodology, our programs are customized to address different areas of need. For difficulty with the mechanics of reading, our tutors are trained in multisensory methods that show students how to use articulatory feedback to strengthen the sounding out process, and how to exercise visual memory to improve word recognition and spelling. We have also adapted these methods to give emerging readers in kindergarten and first grade more confidence. The purpose of reading is to draw meaning. For students who have weak comprehension, we offer a program that stimulates and develops conceptual imagery and expressive language. Our writing program helps students at both primary and secondary grade levels with mechanical skills, organization, and clear expression. We help students having difficulty with arithmetical skills, as well as reasoning and problem solving. Finally, we tutor students in content-showing them how to develop and use skills in specific subject areas. The goal of all of these programs is enhanced academic performance and increased self-esteem. We empower our students by making them aware of their ability to do good work independently. Independence requires the ability to learn from and correct mistakes. To effectively monitor his or her performance, a student must be willing to take risks. The Reading Clinic gives students a safe and accepting environment. Rather than telling our students how to be better learners, we engage them in an ongoing process of discovery. In the dialogue-based format of one-to-one sessions, students improve their abilities to follow directions and stay on task. As they build on their own knowledge and expertise, our students take on more responsibility and gain more confidence. ~-~~~13 Attachment 4 ~mU~14 Neighbor Notification Template for Development Applications- .. . Date: 5 i~5 U PROJECT ADDRESS: I ~S ~ ~~ C 0 k AJ~.N'~~. S S A ~.ATOG a Applicant Name: ~~f (SEA 01 N ~ CC.t N 1G Application Number: ~ ~' ~ ~ 1- 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 a~:d 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 Sarutoga. ~My signature below certifies the following: I have reviewed the project plans; I understand the scone 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 scone 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: Movable Feast 18818 Cox Avenue Saratoga, CA 95070 Signature: City of Saratoga Neighbor Phone #: ~f-~g ~ ~9 ~ ~~~ Printed: ~~~~~~ Planning Department ~®~®~~ Neighbor Notification Template for Development Applications -- e: 5 ~5 Oy PROJECT ADDRESS: I ~ `6 ~.0 cox A Vi. N ~~- . 5 a ~AT~6~ Applicant Name: ~ W`l. 2`l.~l pl N ~ C~ I ~ l G Application Number: ~ ~ ~~ ~ ~ The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of - -the public-hearing-on-the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited-by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. 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 Sarutoga. ~My signature below certifies the following: I have reviewed the project plans; I understand the scone 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 derstand the sco a of work; and I have issues or concerns, which -after discussion un g lcasc with the applicant, have not been addressed My concerns are the followm (p attach additional sheets if necessary): Neighbor Name: Lan Tran dba Quito N-ails Neighbor Address: 1 R R 7 d c^ n ,r A is ca C^ r^ ~- .~. ~• ~ Neighbor Phone # ". ~ ~ - Q r ~ (.C.1 Signature: Printed: ~.~-~ ~ l ~~~~' City of Saratoga Planning Department ~~~~~.~ • Attachment 5 • ®~~~.~ Oct, 21. 2~04~ ~~ 58AM oG ti ~ FI ~ mwfsn. U•wa PERMIT 04 2751 Pride FireProtection F1RE DEPARTMENT SANTA CLARA COUNTY .'P>:ItMIT EXPIRI~o~''4~ P ~~ 14700 Winchester Bivd., l,os Gatos, CA 95032-1818 (408) 378-4010 • (408) 376-93421fa>V • wunu.sccrd.org Granted to: PI2IQE FIR& PROTECTION ._______, who-has applied under the provisions of the Fire Prevention Cody of _, _ The Cit +~Of Saratoga ,_ . to ---- Modify acommercial-fire sprinkler-system. •---- - - Location: 18820 COX AV ~~:' !~~.:;--~!C~: ~"~~~ ~~ City: ~5aratoga ,_ r " y~a'~are!~%~Wa+•:~ :~ if •1~~'tt~Y6i~l~i6tr.+ H M~"r. THE READING CLIT\TIC bM4100R~ `~ Premises known as: .. •• .„~ •~f~ti;>alt `p,. ... Issued this date _ ZO October 2004 Subject to the following conditions: -=-~:.. ^.~~ - ~• A I I work shall comply w1th. NFPA Std. 13 (1919), manufacturers: listings end local fire codes. .. • :. ..~-- •- -' TESTING: Q Welded -pipe inspection O Hydrostatic test at 200 psi for 2 hours ~[] 24 hour stand-by battery test n Leak test required at 50 psi above static pressure ^ 60 hour stand-by battery test ^ Concentration /Pressurization test ~] Functional test for Hood & Duct Appointment scheduling (24 hour advance notice): (408) 378-4010 This permit does not take the place of any license required by law and is not transferable. Any change in use or occupanry of premises shall require-anew permit. This permit is issued on condition that there shall be compliance with all provisions of.~he Fire Prevention. Code. Any violations of these provisions maybe grounds for avocation of permit. POST ON A ~ ~ '~ ~ ~~ ~elaMarbo .. PREMISES - s:~iu,. Fos r-evenrinn Viv{run Organized as the Santa Clara County Central dire Protection District ___ _...._ ._,. .,~~ $erv-ng Sonlo Go-a County and fhe communities o/ Camphell, Cupertino. Los Altos; Los Altos Hilis, Los Crotos, Monte Senyno, Morgon Hill, and $omtogo _ • • ®®~~~~ • Pride Fire Protection No,4438-P. 3 ~z f1! dI ~ w ~ ~~~ ~ ti ~ C ~~~W n 6 Q b .~po __ ZI ~ ~ ~ F ~ p '~~ ~~ 4~~ W Q KW Q W 6 S1~W~~~~~ ..~Z_......o~ m ~ a~ S e o ?°a i aau e OOO ' --~~W-o~-~~, • '• I m ~ I ~~i~~~~~~ z .: r .~1 1.e .e ~: • Oct. 21. 2004 6:59AM .. .~ ~`\ ., ~, ~ ~ . ,,, ~•~... . `1 ~ ~ , \,~ ~` ~ ,, , `ti ~ ;;, ~,, `;, `` ; ` `,` , ~ •\', 4,\ ', , ~ ~• ~ 1 ,~ ', • ,'\ , ` ~ ` ~~,\ ,, `.. • ;'~ .~ ~ ~ ;~. .,`` , ~ lU ~, , `,~ . ` ~ ~`.` `fit ,• ,~• •, ,\ `\4;\~ • \ ti,\., `\, ~, .; , '•, \, `~' ' ` `,~1``' ~ ~.' • ~\ ~,`. ~. ~ ~\ . `. g 9 ~ ~° x ~~~~ ~ a~a s ~ e .C ~~ ~~9'i_ W- ~ ~, ~ ~~~;~~ ~~i~~~ l~i~~~ e~'. :~~~~1 ~I~e ~~ ~i;~ ! • Attachment 6 • ®~~®2® City 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 W_ __ednesday,_the 26`~ day_of January 2005, at 7:00 p.m. ___ _ _ _ _ Located in the City theater at 13777 Fruitvale Avenue; Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, between the hours of 7:30 a.m. and 12:00 p.m., Monday through Friday. Ciry Hall is closed every other Friday. Please check the Ciry web site at ~z~~n~~.saratoga.ca.us for the City's work schedule. APPLICATION # 04-032 (389-12-019) SIERRA, "The Reading Clinic" 18820 Cox Avenue; - Request for a Conditional Use Permit to allow an educational facility in an existing tenant space in the Quito Shopping Center. The proposed use will tutor individuals in reading, writing and math. The site is located in a Commercial Zoning District. • 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 maybe 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. Please provide any comments or concerns in writing to the Planning Department to the attention of the staff planner indicated below. 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 Interim Community Development Director 408.868.1231 C -. .. ` '~~;~ ~: ~ , ~~, F~ ~, e~o.n~ Ewa, _ BuFfer zones around 18820 Cox Avenue ~ ' ~ i I ' N i -^-'`°'R~~_A -- ~ . _ I! i SMATt ~n ail 1B820CoxAvenue r~roan I IW `? E 500' From 18820 Cox Avenue r j t,',ondorriniuns L..__..- TMk , .._~ Merged_Parcels - _ _ _ ,._..... s ---~ I i ~ f ~, 150 300 ~' _ _ _ - `~~ I -- __c _ _~.. ,..__._ _.. ,P~ FP[iLP1;U ~! ~. - \ ~ - [ ~ i- L ~ -- ~`~ l --~ _« .~~. ~ , ,_ ., ;_ F 600 750 it j II I(fs- ---t___7 I i I _ I _ ,_._. _ - -- _~ ~ . 18820 Cox Avenue .._.. L • ~®®®22 . AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) - -- I-John FLivingstone,-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 City of Saratoga Planning Commission on the 6`i' day of January= 2005, that I deposited in the City of Saratoga Mail Room 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 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 for 18820 Cox Avenue; that on said day there was regular communication by United States Mail to the addresses shown above. r ned • rURINO HERMAN ~ ZARI R 12820 PASEO PRESADA SARATOGA, CA 95070-4121 TAGHIPOUR SOHRAB 18676 PASEO PUEBLO SARATOGA, CA 95070-4127 MCGOLDRICK M. KATHLEEN TRUSTEE 12860 PASEO PRESADA SARATOGA, CA 95070-4122 VONDRUSKA THOMAS E &r ANNE 18660 PASEO PUEBLO SARATOGA, CA 95070-4127 FRANTZ LEON H 6~ BETTY L TRUSTEE f 18692 PASEO PUEBLO SARATOGA, CA 95070-4127 MARTIN MARLAN E &z BERTHA J TRUSTEE 18645 COX AV SARATOGA, CA 95070-4107 LAM NEIL BUDNIK PAUL P JAMESON ROBERT C ~ EILEEN D 18661-COX A--V------ - 555-GR~SGI~D TRUSTEE SARATOGA, CA 95070-4107 LOS GATOS, CA 95030-8512 18693 COX AV SARAT'OGA, CA 95070-4107 CHOU CHUN WEN &r PI YUN LIN 12884 PASEO PRESADA SARATOGA, CA 95070-4122 BARBARA ALICE BILLINGS- TRUSTEE 10 DAWN HILL DR SANDY, UT 84092 MORRISON DAVID J TRUSTEE ETAL 4100 MOORPARK AV 201 SAN JOSE, CA 95117 REYNOLDS GREGORY A &r ELLEN M 18747 DEVON AV SARATOGA, CA 95070-4607 BILIONIS VASILIOS A 18789 DEVON AV SARATOGA, CA 95070-4607 SANCHEZ FRANK J JR c~ JODY 18831 DEVON AV SARATOGA, CA 95070-4607 WANG FAM 2002 LIV TR TRUSTEE 1228 RUPPELL PL CUPERTINO, CA 95014-5049 PRINCE OF PEACE EVANG LUTH CH OF SARATOGA 12770 SARATOGA AV SARATOGA, CA 95070-4147 PRESBYTERY OF SAN JOSE 12850 SARATOGA AV SARATOGA, CA 95070-4147 SANFILIPPO DELORA J W TRUSTEE 18809 COX AV SARATOGA, CA 95070-4100 ROLANDPAUL 18761 DEVON AV SARATOGA, CA 95070-4607 MILLER CAROLYN F 18803 DEVON AV SARATOGA, CA 95070-4607 WILLIAMSON KENNETH E Esc JEANNE D TRUSTEE 18845 DEVON AV SARATOGA, CA 95070-4607 MARCOLINA JOHN R 6x MARY L 18887 DEVON AV SARATOGA, CA 95070-4607 REILLY MORTGAGE ASSOCIATES LP 2000 CORPORATE RIDGE 925 MCLEAN, VA 22102-7805 PRESBYTERY OF SAN JOSE 12850 SARATOGA AV SARATOGA, CA 95070-4147 BEEBE JAMES E 13005 PASEO PRESADA SARATOGA, CA 95070-4124 KAWAGUCHI HITOMI S 18775 DEVON AV SARATOGA, CA 95070-4607 SABIC NEZIR &r HANA 3129 TODD WY SAN JOSE, CA 95124-2201 • BUTLER ROBERT D ~sz SHARON P 18859 DEVON AV SARATOGA, CA 95070-4607 DAHL SHERILYN A 18901 DEVON AV SARATOGA, CA 95070-4607 ~~4~®24 SUIT THOMAS L &z BARBARA K `TRUSTEE 18915 DEVON AV TOGA, CA 95070-4607 MENLO EQUITIES 2901 TASMAN DR 220 SANTA CLARA, CA 95054 HOMEN FRANK Esc MARY TRUSTEE 18929 DEVON AV SARATOGA, CA 95070-4607 STERN STEVEN E TRUSTEE ETAL 18860 COX AV SARATOGA, CA 95070-4196 CHAPPELL LAURA A CANCELLIERI ROBERT &r SHIRLEY MARUSIC SLAVKO ~ KATARINA M TRUSTEE _18.7.24 COX AV 18692 COX AV SARATOGA, CA 95070-4195 18708-COX AV SARATOGA, CA 95070-4108 SARATOGA, CA 95070-4108 MUNDWYLER EDWARD G &z E B 18676 COX AV SARATOGA, CA 95070-4108 CRIBBS THOMAS E &z OPAL V TRUSTEE 18645 PASEO LADO SARATOGA, CA 95070-4ll8 ~ARZA FRED R E JJ 18693 PASEO LADO SARATOGA, CA 95070-4118 ULMER VICTOR K ~u BARBARA TRUSTEE 13004 PASEO PRESADA SARATOGA, CA 95070-4125 BEECHIE ANITA S 1409 FLORA AV SAN JOSE, CA 95130-1219 UNADKAT DHIREN J &r ANANDI D TRUSTEE 18661 DEVON AV SARATOGA, CA 95070-4651 IN PETER G 9 DEVON AV SARATOGA, CA 95070-4651 KUNG CHING HSIANG ~ CHANG HUA TRUSTEE ETA 18660 COX AV SARATOGA, CA 95070-4108 TELFER GORDON S 670 BOISE CT SUNNYVALE, CA 94087-4267 SIMKA HARSONO S ~ PAULA M 18709 PASEO LADO SARATOGA, CA 95070-4118 WONG WILLIAM 13145 MONTROSE ST SARATOGA, CA 95070-4628 WYCKOFF EMMA L P O BOX 391338 MOUNTAIN VIEW, CA THOMAS HENRY &r MARY ANN Y TRUSTEE 18955 MC FARLAND AV SARATOGA, CA 95070-4627 TERRA COMMERCIAL REAL ESTATE P. O. BOX 26190 SAN JOSE, CA 95159 SANBORN WILLIAM ~ CYNTHIA 18644 COX AV SARATOGA, CA 95070-4108 NIVA GARY W ~ ALINKA K 16090 VIEWFIELD RD SERENO, CA 95030-3141 . ZILLMER PEGGY Y &r FRED C PO BOX 814 SARATOGA, CA 95071-0814 HUIZINGA STUART Est VICKI 18692 PASEO LADO SARATOGA, CA 95070-4119 ESTLER ROBERT W &r ERIKA M TRUSTEE 94039-1338 18644 PASEO LADO SARATOGA, CA 95070-4119 PRUSA JEROME F 18677 DEVON AV SARATOGA, CA 95070-4651 BILLINGSLEY JAMES W &z FAE A 18725 DEVON AV SARATOGA, CA 95070-4651 MALKIN ROBERT 18693 DEVON AV SARATOGA, CA 95070-4651 SABELLA FRANK S ~ ELEANOR M 18724 DEVON AV SARATOGA, CA 95070-4646 ~~~iL D SEMONES.CHRISTOPHER F &r MICHELLE C 18708 DEVON AV SARATOGA, CA 95070-4646 STATON MERVYN A ETAL 18692 DEVON AV SARATOGA, CA 95070-4646 PUTMAN DAVID G Esc CAROLINE W MOLLICONE KATHY J 18693 MC FARLAND AV 18709 MC FARLAND AV SARATOGA, CA 95070-4623 SARATOGA, CA 95070-4623 KIM ELIZABETH O ETAL SHAMBLEN ROBERT L TRUSTEE _18.900 DEVON AV 1669 -2 HOLLENBECK PMB514 SARATOGA, CA 95070-4606 SUNNYVALE, CA 94087 KELLER MARTIN J 18858 DEVON AV SARATOGA, CA 95070-4606 SIDDIQUI AHMAD Z 18844 DEVON AV SARATOGA, CA 95070-4606 YING SOMA S HANG &r PIERRE Y 4715 MALERO PL SAN JOSE, CA 95129-1455 VESTNYS GORDON W C~ MARY K TRUSTEE 4675 GARNET ST CAPITOLA, CA 95010-3114 TANAKA DON &z KATHLEEN BOHLIN BERNARD D ~ SANDRA 18774 DEVON AV 18760 DEVON AV SARATOGA, CA 95070-4606 SARATOGA, CA 95070-4606 YOUNIS CHARLES T II MALONE ROBERT J 18747 MC FARLAND AV 18761 MC FARLAND AV SARATOGA, CA 95070-4625 SARATOGA, CA 95070-4625 PHELAN JEFFERY B &r MELISSA L 18789 MC FARLAND AV SARATOGA, CA 95070-4625 DRUMM PATRICK T &z SHEILA A 18803 MC FARLAND AV SARATOGA, CA 95070-4625 CAUBLE GARY L &r JENNIFER C TRUSTEE 18831 MC FARLAND AV SARATOGA, CA 95070-4625 AFTAB MOHD N ~ SAMINA 18873 MC FARLAND AV SARATOGA, CA 95070-4625 GUITERREZ PRIMITIVO ~ JESSIE 18845 MC FARLAND AV SARATOGA, CA 95070-4625 GUPTA SUBHASH 5 TOH HEIGHTS SINGAPORE, 50780-6 CARVELHO LUCILLE TRUSTEE 6339 TUCKER DR SAN JOSE, CA 95129-3950 YARON TOVA L TRUSTEE 18725 MC FARLAND AV SARATOGA, CA 95070-4623 DAVIS JOAN G TRUSTEE 14850 OKA RD 23 LOS GATOS, CA 95032-0000 DEDIEGO WILLIAM E 18830 DEVON AV SARATOGA, CA 95070-4606 BALERO MANUEL 3 18788 DEVON AV SARATOGA, CA 95070-4606 CARNES CRAIG A ETAL 18746 DEVON AV SARATOGA, CA 95070-4606 ~:y • • BEACH DAVID E ~ KATHLEEN A 18775 MC FARLAND AV SARATOGA, CA 95070-4625 KECK JAMES B Est BETTY A 18817 MC FARLAND AV SARATOGA, CA 95070-4625 TOGAMI JAMES L &z GALE N 18859 MC FARLAND AV SARATOGA, CA 95070-4625 HESS ROBERT J Esc STELLA T TRUSTEE 18858 MC FARLAND AV SARATOGA, CA 95070-4626 ~~~~~~ .- I~ROSCH MICHAEL G &z I-FANG 18844 MC FARLAND AV S TOGA, CA 95070-4626 BUSTAMANTE MICHAEL TRUSTEE ETAL 18802 MC FARLAND AV SARATOGA, CA 95070-4626 SAITO TOSHIYUKI ~z MASAKO 18830 MC FARLAND AV SARATOGA, CA 95070-4626 MAC QUIDDY STEPHEN E ~sz JENNIFER L 18788 MC FARLAND AV SARATOGA, CA 95070-4626 PERRY JAMES F &r ELSIE J TRUSTEE 18816 MC FARLAND AV SARATOGA, CA 95070-4626 VAN DYKE MATTHEW C &r LISA A 18774 MC FARLAND AV SARATOGA, CA 95070-4626 SENTER MARY P FINLAYSON RICHARD B &r KRISTIN HAYTKO GEORGE J Esc BARBARA A _15.405 VIA PALOMINO W 18950 MC FARLAND AV MONTE SERENO, CA 95030-2241 -18746 MC FARLA~ID AV -- SARATOGA, CA 95070-4636 SARATOGA, CA 95070-4626 CLANTON DONALD G Esc E L TRUSTEE 3309 WALTON WY SAN JOSE, CA 95117-3076 • • SLOAN THOMAS J &~ SANDRA L ADAMS TENAYA L Esc SCOTT 18900 MC FARLAND AV 13075 HEATH ST SARATOGA, CA 95070-4640 SARATOGA, CA 95070-4610 ~~~®~r~ ~. ~ i ~ ~ j Qi ~ ~~ I ~ _~ I ~ 3 ~6~ ap a ~ C D I I °~ e ~,° ' ~~g 36•g d I ~ ~ o I ~ O ~ ~ o 0 a~ ~ ON 6 6Y~6 ~ ~ O I I I I 5.~ ® ~'E ~ G'~u ~ a€$~ sya 3~ ~m ~ G~ C~ I s~ o~ yI ;, }~ M~~~ V'~QqR~°vo j ;.'g °6FY~; _~ p~ ® ~ l~ -_ `i a 5~ 5 v~®lJ, ~l tlv VI~fiN ~ ~~E n6~§~ ~ C 8d ® ~ ~ it .u ^I O ~ ~ ± ` ® w 0 0 ~ I1nII I1(7I' ae ;g~yjg ! $&~ '~ ~ Ie~~B ~ ; ~j ., .r a~ s ~ ~ o i i O l~Cy OON~pm L~J _ E ~SOC ji69~ ~•~q y/y~~ ~~y (~1 \ NNQ'~T 6G70U IDJOWB er ~ W •V ~a0®®~n® 0~...J~O~O O U E VoJO ~.u ,~ 6J.d '~ P (~ 5n7Dls 6DapJ 6aiM ~p a7Dp ~JJD fold f tl alo=s Jaqw 7aa4s ~ ~' ~ ~ (D ~ O I" ~ ~ I~ V' ~ ~ ~ M~ F- N M W N Q W W U Q _ J U X 1 1 F- Q ~ M H ~ J (/) (n f- ~ (n Q ao N 0 0 O H N 0 0 ~ ~ X 0 0 F-H !r ¢ W S L/l W W ~/ Q Z (~ W Q J (% 1 L~ Q Q (n Li ~ W ~ Q ~ LAW UWW d W1..~ O QW ~ ~' X00 000 QOO ( /) aN _ m W W 0 w w U W W Z U q U mm Z~~ 0mm ¢~~ g mm g~~ ~ W Q ~' ~ O(n X ZZ ~ZZ QZZ ~ W ~ ~ ~ O ~ W ~ ~ N Q? 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IMM +t~ P O ~ [ ~ L L 1""~ b 3 ~_ ~~ \r q~q~ I.f' e f~ ~_ ~_ ®_ \~ d ~LL I~ ~--'-- i • • • • `° Item 2 ~ REPORT TO THE PLANNING COMMISSION i• Application No./Location: 04-280;18720 Bucknall Road Applicant/Owner: Steve Frederick/John and Carole Freitas - -Staff-P-lanner--: John-F-L-ivingstone-AICP------ ------ - Interim CommuniryDevelopment Director Application Type: Conditional Use Permit, Design Review Date: January 26, 2005 APN: 386-14-028 Department Head: ~~~ ^ artaw~aw,d~arzoa,cl~ll~ted ~~ ~~ - " `~ ~ `'~ ,. -, sar ~„~sno a,d~ao Pond ,~ % `~ ~ ~_a----~,' ~ ~' ; ~- ~ _ i ~_ w 's+la+.raq#v.. ~ N j ~ •~~ : ve{iEVCr ~ ~ ~ ~ ~ _:.~ i 111 r i`` ~ e~auu ra -.- ~.. "I ~~ ,. ~ - 1 ... I .: .S1MT~AV ~ { ~ ~ I _~ \~ ~` (!) MS~fiPdjH ` ' „'7 __L. T~ EW IAffiIWi ~~•~ ~ y I ~.SNNTO}TAV \.\ _~ .-~ P.. Pl.®LO }..1. _.. _L... _ ~ . -i \ ,•'` ; ~ f 45D 600 750 ft ~ ~i / ~ I ~ i ~ ~ ~ I ~ .. fs ~~ _ ~ i t ~ I ~ I I I / ti a~.v e®u vi..7-'T-T-~-- • 18720 Bucknall Road 0~0®O~ EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 9/02/04 U26/04 1/12/05 U06/05 ll20/OS The applicant is requesting a Conditional Use Permit and Design Review to allow an educational facility at the old school district site with the addition of two new 960 square foot classrooms, one of which has already been installed. The proposed use will provide early education and day care to infants, toddlers, preschool and kindergarten ages and after school programs for children up to the age of 12 years old. The site is located in a Residential Zoning District. STAFF RECOMMENDATION Approve the Conditional Use Permit and Design Review application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution 2. Fire District Comments 3. City of Saratoga Notice, l~TOticing Affidavit, and Noticing Labels 4. Applicant's Plans, Exhibit "A" • • ®®®®®~ Application No. 04-280;18720 Bucknall Road, Primary Plus STAFF ANALYSIS ZONING: R-1-10,000 GENERAL PLAN DESIGNATION: M-10, Single Family Residential Medium Density MEASURE G: Not applicable PARCEL SIZE: 12.03 Acres AVERAGE SITE SLOPE: Less than 3% GRADING REQUIRED: None proposed MATERIALS AND COLORS PROPOSED: Match Existing ENVIRONMENTAL DETERMINATION: The proposed is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). PROJECT DISCUSSION The existing site was owned by the Moreland School District until Au st 2002 when Action Day Care/Primary Plus purchased the school. The existing use -has been in operation since 2002. Recently it came to the Building Division's attention that a new portable classroom had been installed at the existing school site. A Stop Work Order was placed on the site. The applicant has now applied for a Conditional Use Permit and Design Review and will comply with all Building Code and Fire requirements. Educational Faczlityas ConditionaJlyPermitted Use Establishing and operating an Educational Facility in any of Saratoga's Residential Zoning Districts requires the issuance of a Conditional Use Permit. This process allows the Planning Commission to impose conditions on a project to ensure its compatibility with adjacent land uses. Since there is no existing Conditional Use permit for the educational facility this Use Permit will establish the maximum number of students and classrooms. Currently there are 275 students and 40 staff. The applicant would like to have the Use Permit establish the maximum number of students allowed per the State License for the school, which are 397 students. Staff contacted the Moorland School District Office and the only records they could find showed that in 1978 the original school had 321 students that particular year. Given the fact that the increase would be gradual over time and the use has more parking than required, staff recommends the maximum number of students beset at 397. As part of the Conditional Use Permit the Planning Commission maintains jurisdiction over the use. ®®~®®~ Application No. 04-280;18720 Bucknall Road, Primary Plus As an alternative the Planning Commission may direct staff to lower this amount and amend condition of approval #3. Parkingand Circulation The City Code requires one parking space per employee for an educational facility. The maximum number of students allowed per the State License is 397. This would require 54 faculty members. The school currently has a total of 68 parking spaces. This will exceed the required number of spaces and provide 14 visitor spaces. • Hours of Operation -- The applicant is proposing the following hours of operation: Monday through Friday: 6:30 a.m. to 6:00 p.m. Saturday and Sunday: Closed Correspondence No correspondence regarding this application has been received to date. Findings for the Conditional Use Permit Staff feels that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: • The proposed educational facility meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment is appropriately located at a prior school district site; and The proposed educational facility will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposed project will be required to meet all building and fire code requirements; and • The proposed educational facility will comply with all other applicable provisions of the Saratoga Municipal Code. The Conditional Use Permit allows a variation from standards per Article 15-55.030. In this unique circumstance the existing school has 30,260 square- feet of existing structures on a 12-acre site. The R-1-10,000 Zoning district allows a maximum of 4,400 square feet of structure. Staff is recommending that the Planning Commission support the variation in standards to allow the addition of 1,920 square feet for two new classrooms. ®®®®0~ Application No. 04-280;18720 Bucknall Road, Primary Plus Findings for Design Review ofa Commercial structure In reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria within Section 15-46.0404: Where more than one building or structure will be constructed, the. architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. Where more than one will be erected or on the site, the ~1 positions and shall have a common or comb be harmonious in appearance. • Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. • Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. • Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition, as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. • The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. (Amended by Ord. 226 4 2 (part), 2003) The two proposed new classrooms meet the above findings in that they will be located on an existing paved area. The proposed classrooms will match the existing classrooms and be compatible with the existing school and grounds. The air conditioning units will be located on the back of the structure. STAFF RECOMMENDATION Approve the Conditional Use Permit and Design Review application .with conditions by adopting the attached Resolution. • ®®~®®~ Attachment 1 • ~Q~®®®~ RESOLUTION NO. Application No. 04-280 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Primary Plus 18720 Bucknall Road WHEREAS, the-City of Saratoga Planning Commission has received an application for a Conditional Use Permit and Design Review to allow an educational facility at the old school district site with the addition of two new 960 square foot classrooms. The proposed use will provide early education and day care to infants, toddlers, preschool and kindergarten ages and after school programs for children up to the age of 12 years old. The site is located in a Residential Zoning District; and WHEREAS, the Planning Commission has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds the proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA); and WHEREAS, the Planning Commission finds that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: • The proposed educational facility meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment is appropriately located at a prior school district site; and • The proposed educational facility will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposed project will be required to meet all building and fire code requirements; and The proposed educational facility will comply with all other applicable provisions of the Saratoga Municipal Code. WHEREAS, the Planning Commission finds that all of the findings required within Section 15-55.030 of the Ciry Code can be made in the affirmative in that: In this unique circumstance the existing school has 30,260 square feet of existing structures . on a 12-acre site. The R-1-10,000 Zoning district allows a maximum of 4,400 square feet of structure. Limiting the floor area of the 12-acre site to 4,400 square feet would be unreasonable and the two new classrooms will have a less than significant impact. ~~~®~`~ WHEREAS, the Planning Commission finds that all of the findings required within Section 15-46.040 of the City Code can be made in the affirmative in that: Where more than -one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. • Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. •L-andscaping-shall-integr-ate-and accommodate-existing-trees-and - --- - vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. • Colors of wall and roofing materials shall blend with the natural landscape and be norireflective. • Roofing materials -shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. i ht bulk and • The proposed development shall be compatible m terms of he g , design with other structures in the immediate area. (Amended by Ord. 226 4 2 (part), 2003) The two proposed new classrooms meet the above findings in that they will be located on an existing paved area. The proposed classrooms will match the existing classrooms and be compatible with the existing school and grounds. The air conditioning units will be located on the back of the structure. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the floor plan and other. exhibits submitted in connection with this matter, the application for a Conditional Use Permit and Design Review approval is hereby granted subject to the following conditions: PLANNING .. 1. The Planning Commission shall retain continuing jurisdiction over -the Conditional 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. Use Permit A royals. 2. This Use Permit supersedes all previous pp 3. The school shall operate as represented on the plans marked Exhibit "A" and be limited to a maximum of 397 students with operating hours Monday througlr~~~~®~ Friday 6:30 a.m. to 6:OOp.m. and closed on the weekends. ' 4. Any intensification of this use shall require an amended Conditional Use Permit. • S. Prior to issuance of Building Permits for any internal tenant improvements, detailed construction plans shall be reviewed and approved by the Planning Division for Zoning Clearance to verify consistency with the approved Exhibit "A" plans. The construction drawings shall incorporate a copy of this Resolution as a separate plan page. 6. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over .the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 7. Deliveries shall take place only during normal business hours. FIltE DISTRICT 8. The applicant shall comply with all Development Review Comments from the Santa Clara Fire District (attached). CITY ATTORNEY 9. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit or Business License must be issued and construction or business operations commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, Ciry and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-55.080 and 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. • ®~~~~~ PASSED AND ADOPTED by-the City of Saratoga Planning Commission; State of California, this 26th day of January 2005 by the following roll call vote: I AYES: i 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 Ciry Planning Commission. Property Owner or Authorized Agent Date ~~~®~~ • Attachment 2 • ~~~~~~. L~ CL~ C ~P o~'!r g FIRE "~ GOURYESY /SERVICE FIDE DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org • 04 2281 PLAN REVIEW NUMBER BLDG PERMR NUMBER CONTROL NUMBER p - FILE NUMBER 04-280 DEVELOPMENT REVIEW COMMENTS CODE/SEC. ~ SHEET ~ NO. ~ REQUIREMENT uFC - 1. Appendix III-A use 2. 305.9.3 CCR Title 19 Article 568 Reveiw of an additional 960 square foot building added to an existing pre-school site. Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine. compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. Additional access is provided via side gate from Paseo Presada. Required Fire Alarm: Provide a fire alarm that shall be interconnected to all adjacent buildings within 20 feet. Prior to installation, a licensed fire protection contractor shall submit to the fire department, one (1) set of specifications, three (3) 'sets of shop drawings designed per NFPA Std. 72 as amended by chapter 35 of the California Building Code, a completed permit application, and applicable fees for review and approval. 3. (Provide a 2A10BC Fire extinguisher every 75 ft of travel distance. City PLANS SPECS NEW RMDL AS OCCUPANCY CONST.TYPE ApplleantName DATE PAGE STG ^ ^ ^ ^ ^ E-3 V-N STF DEVELOPMENT 9/13/2004 1 of 1 SECJFLOOR AREA LOAD DESCRIPTION BY New Classroom Commercial Development Chase; Melanie NAME OF PROJECT LOCATION EL QUITO SCHOOL 18720 Buclcnall Rd • Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, ~®o®~~ Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga Attachment 3 ®~~~a~ Ciry of Saratoga ` Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF PUBLIC HEARING The Ciry of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 26th day of January 2005, at 7:00 p.m. Located in the City theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, between the hours of 7:30 a.m. and 12:00 p.m., Monday through Friday. City Hall is closed every other Friday. Please check the Ciry web site at v~~~wv.saratoga.ca.us for the City's work schedule. APPLICATION # 04-280 (386-14-028) FREITAS, "Primary Plus" 18720 Bucknall Road; -Request for a Conditional Use Permit and Design Review to allow an educational facility at the old school district site with the addition of two new 960 square foot classrooms, one of which has already been installed. The proposed use will provide early education and day care to infants, toddlers, preschool and kindergarten ages and after school programs for children up to the age of 12 years old. The site is located in a Residential Zoning District. 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. Please provide any comments or concerns in writing to the Planning Department to the attention of the staff planner indicated below. 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 Interim Community Development Director 408.868.1231 ®®~~~~ / /~ ~ _... _~I _. --- _,... --: ~ ~.• ,.\ \~ '\~`~\ v' ' ~ \Xi AsEogtr+rs'~ a~or+>•r- -~ . _. ~ ; Buffer zones around 18720 BuoWlall Fbad ,; . ~ { r\ \ ;\• ~• " ;'~~• ~\ `(, \\ ~ \\/ ~ /; \ \ ~ Cbndomruurts l%~~ ```` -I ~ "~ % ~ ~'"F' `\PA$EOP~P , \ v~• I ( i i 1 ~' ~ X - , \.: ~..~ owl :~~ ~, , 18720BucknallR~ad ~" - '~ . "=~ \,,; ` ~~~\ I I~ ~J; E`J 500' Fran 18720 BUCWiall Fi1ad ` \y ~~ooooea~ Er " -t ~ \~' , ~ I avow i I ` I fv~rged_Parcels / ;,~,I r'' `~/ ,` `~,~. I ~ ,- ,.PASegcuvw j" ~ ~' / ( /'~\ ,,T . ~~ ~~ -sAfnTCrJytiv ~~ A"~ ~~: ~1\~ ,~\ - Wt~~~ E . . ~~:~~i ~ i~o`, ox..f" ~~`;~ f,. . `pRv ,' ~~ I ._I\`~ _ ora S .: ~ ~~ - ,Arw)Tlc{~a2iaaEr ,r ._~ 's ~-=` \, - /-- -~- -~- ~I ~ ---- ~~i~~ i' ~ ? \ ~ ,'''~~,~ .' f~,, ° ~ / ` ~ 'P" .vru~~~- vtm,_~ euavuar~ :DR~ARATOCA IdEN f.T^~ `i ~~i c~iF.Rf'L\ \\., ,~~ "~'/~, ~(t ..: _I _ I _. I - ~r S(/ ~ /~ f 1 .~ ~~ o~ si~Pwr A~~ Pwst - F 1 _~ ;~ '4 _. ,, , \: .~~. ,~l •; ' -'~ i ~~.: ~PALQOA ,•$ApATCf.A AV - ~~ \fRY AV .L` ~~` .: ~ .\` i :\ ~I ... 1 I tN ARIEFN UN I N^ T ME i . i : : -'' ~~ \` -` '' i ;:. ~._ : ~ .. 7'~~(AV -` AAA QT PAS PlE8L0~ . ~` .: ~~ l / _ ._ - i i ~ .... I Y - ~ i , \ 0 150 300 450 600 750 ft ' ~ % ( ~ ' i' \~;~ / t---r" ) ~r I I I I I L.._I _- I axro. ~I I...-I I. I f ;" ;" :•' I `~ I I I I I i I I L_.... I .~ _ ~_..... I_. a... ~, i s ~ I I ..e, . i 18720 Bucknall Road • ~~®®~s AFFIDAVIT OF MAILING NOTICES • STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) ohn F~ L-ivingstone-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 City of Saratoga Planning Commission on the 6th day of January= 2005, that I deposited in the City of Saratoga Mail Room 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 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 for 18720 Bucknall Road; that on said day there was regular communication by United States Mail to the addresses shown above. S" ed • 0®®~~.~ J OOST JOHN H TRUSTEE 1084 WELCH AV _ JOSE, CA 95117-2866 RIZVI AYLIA TRUSTEE 12552 SARATOGA AV SARATOGA, CA 95070-4145 GARCIA MICHELLE D Esc EDWARD D 12576 SARATOGA AV SARATOGA, CA 95070-4145 AHMED ZAHEER U 12540 SARATOGA AV SARATOGA, CA 95070-4145 MOTALLEBI BADRI V 12564 SARATOGA AV SARATOGA, CA 95070-4145 KAWCAK T'NAY L ETAL 12528 SARATOGA AV SARATOGA, CA 95070-4145 WU CHARLIE &z CHRISTINA BROOKMAN JOHN W ~z DOROTHY FAVORITO THOMAS D Esc JUDY L A TRUSTEE 12571 PASEO CERRO _ 12591 PASEO CERRO __ _ _ _ _ _ SARATOGA, CA 95070-4138 I2581 PASED-CERRO SARATOGA, CA 95070-4138 SARATOGA, CA 95070-4138 CROSS BRETT E &r MILAGROS D 12601 PASEO CERRO SARATOGA, CA 95070-6609 GRANTHAM JACKSON L JR ~ VIRGINIA R TRUSTS 12611 PASEO CERRO SARATOGA, CA 95070-6609 BOLTZ LEILA MAE 12621 PASEO CERRO SARATOGA, CA 95070-6609 HWANG SHIN H &r HEE J 18675 BUCKNALL RD SARATOGA, CA 95070-4103 VAUGHN BEVERLY J &i WARD D TRUSTEE 5605 ORA ST SAN JOSE, CA 95129-3152 VOSHAGE HAROLD A &z CAROL E TRUSTEE KLINE ROGER G 12624 PASEO FLORES 12638 PASEO FLORES SARATOGA, CA 95070-4117 SARATOGA, CA 95070-4117 KRULL GEORGE E Esc MIRIAM C TRUSTEE 12649 PASEO OLIVOS SARATOGA, CA 95070-4150 CRAWFORD JEFFREY &z ELIZABETH 12681 PASEO OLIVOS SARATOGA, CA 95070-4150 KIYAMA TERRY ~ CYNTHIA 18637 BUCKNALL RD SARATOGA, CA 95070-4103 PRAM TRI &~ HAI 18628 BUCKNALL RD SARATOGA, CA 95070-4104 ~.EAN PHILIP G JR ETAL 18580 BUCKNALL RD SARATOGA, CA 95070-4102 LEE MOON SUNG ~ CLAIRE Y 12680 PASEO OLIVOS SARATOGA, CA 95070-4151 SALAFIA JOSEPH H ~ LUCILLE T TRUSTEE 18612 BUCKNALL RD SARATOGA, CA 95070-4104. CALLEJO ROBERT JR ~St EDITA D 18564 BUCKNALL RD SARATOGA, CA 95070-4102 SCHABES MANFRED E 12652 PASEO FLORES SARATOGA, CA 95070-4117 VAN WICHEN ZARA J TRUSTEE ETAL 12643 PASEO OLIVOS SARATOGA, CA 95070-4150 YEN CHIN-LIN 1080 SARATOGA AV 11 SAN JOSE, CA 95129 FAUNCE LIONEL O ~ JOAN C TRUSTEE 18644 BUCKNALL RD SARATOGA, CA 95070-4188 BACON DAVID G &r CHRISTINE M 18576 BUCKNALL RD SARATOGA, CA 95070-4102 HOFFMAN MILDRED V TRUSTEE 18581 PASEO TIERRA SARATOGA, CA 95070-4128 ®®®®~,~ DECHER JUSTUS M &t CAROLYN S ROSIE LOUIS D TRUSTEE 18629 PASEO TIERRA 18597 PASEO TIERRA SARATOGA, CA 95070-4128 SARATOGA, CA 95070-4128 WELCH ELLSWORTH W 6x JACQUELINE H TRUSTEE 20925 JACK'S RD SARATOGA, CA 95070-5711 BLACK ROBERT P ~ MARILYN L TRUSTEE 12750 PASEO PRESADA SARATOGA, CA 95070-4120 SIMMONS WALTER J ~ JEANETTE . B ETAL -- 18645 PASEO TIERRA SARATOGA, CA 95070-4128 CANNA JAMES F 12784 PASEO PRESADA SARATOGA, CA 95070-4121 ECKE SYLVIA H &r DEAN H TABRIZI FARHAD &r SEPIDEH CEFALU JOHN D &z DOROTHY M 18676 PASEO TIERRA 18660 PASEO TIERRA TRUSTEE SARATOGA, CA 95070=4I2~ SARATOGA-C~1 95070=4I29 1864-4-P-ASEO_T_IERRA -- ---- SARATOGA, CA 95070-4129 ARMER MERCY R TRUSTEE ETAL 18628 PASEO TIERRA SARATOGA, CA 95070-4129 GRINDSTAFF ROBERT W TRUSTEE 18597 PASEO PUEBLO SARATOGA, CA 95070-4126 .LIN YEOU-LIANG &z SHUMEI 18661 PASEO PUEBLO SARATOGA, CA 95070-4126 MCGOLDRICK M. KATHLEEN TRUSTEE 12860 PASEO PRESADA SARATOGA, CA 95070-4122 SARK VINKO &z STOJA S 18596 PASEO TIERRA SARATOGA, CA 95070-4129 CHRISTENSEN HAROLD F JR 18629 PASEO PUEBLO SARATOGA, CA 95070-4126 LEE JUNG-CHUNG &r TSU JAR J 1844 SHERI ANN CL . SAN JOSE, CA 95131-0000 FRANTZ LEON H ~ BETTY L TRUSTEE 18692 PASEO PUEBLO SARATOGA, CA 95070-4127 VONDRUSKA THOMAS E &z ANNE JEMISON FRANKIE TRUSTEE 18660 PASEO PUEBLO 18644 PASEO PUEBLO SARATOGA, CA 95070-4127 SARATOGA, CA 95070-4127 MARTIN MARLAN E Est BERTHA J TRUSTEE 18645 COX AV SARATOGA, CA 95070-4107 LAM NEIL - 18661 COX AV SARATOGA, CA 95070-4107 JAMESON ROBERT C ~ EILEEN D TRUSTEE 18693 COX AV SARATOGA, CA .95070-4107 CHOU CHUN WEN &r PI YUN LIN 12884 PASEO PRESADA SARATOGA, CA 95070-4122 TOM PAUL K ~c DORA L 18580 PASEO TIERRA SARATOGA, CA 95070-4129 TRASK THOMAS ~ MADELINE 18645 PASEO PUEBLO SARATOGA, CA 95070-4126 FURINO HERMAN ~ ZARI R 12820 PASEO PRESADA SARATOGA, CA 95070-4121 TAGHIPOUR SOHRAB 18676 PASEO PUEBLO SARATOGA, CA 95070-4127 FAGALDE DONALD G &r GENEVIEVE M. 18628 PASEO PUEBLO SARATOGA, CA 95070-4127 BUDNIK PAUL P 555 CRESCI RD LOS GATOS, CA 95030-8512 • KAABIPOUR EBRAHIM &z SHAHI~ 12600 SARATOGA AV SARATOGA, CA 95070-4189 ®®®~.~ __ . . PRESBYTERY OF SAN JOSE 12850 SARATOGA AV S TOGA, CA 95070-4147 JOHN Esc CAROLS FREITAS LLC 3030 MOORPARK AV SAN JOSE, CA 95128-2518 TERESI ROBERT G TRUSTEE 117 LOMA VISTA CT LOS GATOS, CA 95032-2419 GIDWANI SANJAY ~ SHALINI S 18925 MELLON DR SARATOGA, CA 95070-3517 MORRISON DAVID J TRUSTEE ETAL 4100 MOORPARK AV 201 SAN JOSE, CA 95117 JOHANSON RICHARD A Esc JEANNE M 12537 SARATOGA AV SARATOGA, CA 95070-4144 KLEINBERG GERALD L YIN CHIN &r CHILING FANG JOYCE S ETAL 18701 WOOD DELL CT 18700 WOOD DELL CT 12619 SARATOGA AV SARATOGA, CA 95070-3546 SARATOGA, CA 95070-3573 SARATOG~C 95070-4146 LYNETTE CLEAVLAND(EST OF FRANK RODGRIGUES) 146 PALM AV SAN CARLOS, CA 94070 SAICH JOHN M TRUSTEE 331 CARLTON AV LOS GATOS, CA 95032-2602 SIMONS ORREN C &r MELISSA A 12669 SUN VALLEY CT SARATOGA, CA 95070-4171 POCHARI THOMAS R &r DIANE P 12847 JEPSEN CT SARATOGA, CA 95070-3730 HUA BA VAN 6~ JENIFER 12590 PASEO CERRO SARATOGA, CA 95070-4139 THURSTON DAVID L ~t WENDY A 12619 PASEO FLORES SARATOGA, CA 95070-4116 STANLEY JOSEPH E ~ HELEN M TRUSTEE 12655 PASEO FLORES SARATOGA, CA 95070-4116 • KAJIOKA TODD Est DENISE 12610 PASEO CERRO SARATOGA, CA 95070-4139 VALLANCEY MARC A PO BOX 35691 LOS GATOS, CA 95030-0691 DICKINSON PAUL ETAL 12631 PASEO FLORES SARATOGA, CA 95070-4116 HAHN ELIZABETH TRUSTEE 12667 PASEO FLORES SARATOGA, CA 95070-4116 MILLER J R &~ FAY J TRUSTEE 12600 PASEO CERRO SARATOGA, CA 95070-4139 SONNTAG ANNETTE W ~St CHARLES B 12570 PASEO CERRO SARATOGA, CA 95070-4139 PASTRIKAS ANDREW J &r MARY R TRUSTEE 12643 PASEO FLORES SARATOGA, CA 95070-4116 CRONK BLANCHE E TRUSTEE 18707 BUCKNALL RD SARATOGA, CA 95070-4105 ®~~®~~ CULLEN ROBERT E TRUSTEE ETAL 18931 SARA PARK CL SARATOGA, CA 95070-4167 BRYAN ANDREA 18925 SARA PARK CL SARATOGA, CA 95070-4167 WU TING YUEN 18929 SARA PARK CL SARATOGA, CA 95070-4167 ARNOLD KATHRYN M 18932 SARA PARK CL 72 SARATOGA, CA 95070-4164 CARPIO JOVITA M TRUSTEE 18927 SARA PARK CL SARATOGA, CA 95070-4167 COSSI DONALD 18923 SARA PARK CL SARATOGA, CA 95070-4167 ALLARIO ROBERT L TRUSTEE ETAL HORTIN BEVERLY M TRUSTEE GRINER BEN O ~ ANNE S TRUSTEE _14169_OKANOGAN DR 18921_SARA_PARK CL 18919_SARA PARK_CL __ __ SARATOGA, CA 95070-5533 SARATOGA, CA 95070-4167 SARATOGA, CA 95070-4167 HO JUDY ETAL 13095 VIA ESCUELA CT SARATOGA, CA 95070-4461 RUO ANNE C 1345 TURNSTONE WY SUNNYVALE, CA 94087-3737 NADELL PAUL S 18926 SARA PARK CL SARATOGA, CA 95070-4164 PORTER MARILYN M TRUSTEE 18917 SARA PARK CL SARATOGA, CA 95070-4167 NIELSON DOROTHEA A TRUSTEE 18922 SARA PARK CL SARATOGA, CA 95070-4164 ALLARIO ROBERT L ~ ILDA TRUSTEE 14169 OKANOGAN DR SARATOGA, CA 95070-5533 HAYDEN JANET M ETAL 19501 NORTHHAMPTON DR SARATOGA, CA 95070-3332 TEYMOURI SASAN ETAL 18972 SARA PARK CL SARATOGA, CA 95070-4166 NAMBA PATRICIA Y 18973 SARA PARK CL SARATOGA, CA 95070-4169 FLETCHER ALEXA J 18915 SARA PARK CL SARATOGA, CA 95070-4167 ALLARIO ROBERT L TRUSTEE ETAL 14169 OKANOGAN DR SARATOGA, CA 95070-5533 PALM. UIST AMES E Fst MARSH Q J TRUSTEE 18920 SARA PARK CL SARATOGA, CA 95070-4164 RAPPAPORT DANIEL C &r MICHELE HOLMDAHL CHARLOTTE N C TRUSTEE TRUSTEE 18969 SARA PARK CL 18976 SARA PARK CL SARATOGA, CA 95070-4169 SARATOGA, CA 95070-4166 CUNNINGHAM ELEANOR L TRUSTEE 18967 SARA PARK CL SARATOGA, CA 95070-4169 VAYNSHTEYN IRINA 18965 SARA PARK CL SARATOGA, CA 95070-4169 MALEKSALEHI MOOSA &z SHOHREH 4966 EL CAMINO REAL 209 LOS ALTOS, CA 94022-1406 ®®®~2~ . ~ AGEE SOMA M 18966 SARA PARK CL - SARATOGA, CA 95070-4166 ALLARIO ROBERT L ETAL 14169 OKANOGAN DR SARATOGA, CA 95070-5533 MOBILIO SHIRLEY C ETAL 18964 SARA PARK CL SARATOGA, CA 95070-4166 BRABANTJO H 18960 SARA PARK CL SARATOGA, CA 95070-4166 HOFSOMMER ARMIN C ~ ROBIN C APEL PETER J ~ ANGELICA M 14510 A BIG BASIN WY 18956 SARA PARK CL SARATOGA, CA 95070-6091 SARATOGA, CA 95070-4177 • KIM GREG S ETAL 18942 SARA PARK CL SARATOGA, CA 95070-4165 ®®4®2~. • . • ~ ~xO~C~~~v ~ maNZ~ °z ITI ~AZa'~z~m~' T W ~ pG1 U1 ~~ S~ C y C D N 6 DDD m z m~ °o b 2 T ~ n C [rl ~ (O e?~~ ~yzw Z anm~Z mm OT ~' m ~ Z ~ m ~ °-~°~~ D ~ T O Z ~ X ~ ? p p~~=R~L1 Z N ° n ~ c D ~ p~ m m m ~ ° 1 v ~ ~ -i ~o' z _~ n C m ~ ~ T ~ O m ~~ z 0 3 z $ `t' y O F ~OUI ym~ ~ n i~ ~pm S ~~ fll z° A ~ umi n °Ox m ~ ~a ~ ~Z D n a ~ , b z ° '^ G7 ~ ~ ~ C7 cn ~ ~ r ° Z z z N O _^ ` ' _ W Q A r O O y " T v ~ I I ~ ~ I I s d 0 0 I ~~ ~ A Q G9 ~] ~~ Z ~ r ~ .ZI T m g~ F • i ~~~~~ n z goo Z o ~n ~' ~ QS! sQ~~ _ ~ Gt ~~ \\~ ~D n .z~rn -,~ ~~,-~ -_ _ V V ~J