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HomeMy WebLinkAbout04-27-2005 Planning Commission Packet_; CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, April 27, 2005 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Jill Hunter, Robert Kundtz, Linda Rodgers, Michael Schallop, Mike Uhl, and Chair Susie Nagpal ABSENT: Commissioners Schallop ~ Uhl STAFF: Planners Oosterhous, Welsh ~ Vasudevan, Code Compliance Specialist Rinaldi, Director Livingstone and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of April 13, 2005. (APPROVED 5-0) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regardingOral Communications underPlanning Commission direction to Staf f. ORAL COMMUNICATIONS- PLANNING COMMISSIO\' 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 vas properly posted on April 21, 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, or ten (10) calendar days for a conditional use permit, 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 #05-094 Appellant -BORDEN; Property Owner - CHEN (397-16-056) 14118 Shadow Oaks Way -Appeal of approved Administrative Design Review application 04-307 to demolish the existing home and construct a 3,702 square foot home with a 736 square foot garage. The height of new home would be 17 feet 10.5 inches. The lot size is 19,724 square feet and is located in the R-1-20,000 zoning district. (LATH VASUDEVAN) (APPEAL DENIED 3-2, HUNTER AND KUNDTZ OPPOSED) APPLICATION #05-099 (397-15-018) California Farmers' Markets Association, 14000 Fruitvale Avenue: -Request approval for a Conditional Use Permit allowing the California Farmers' Markets Association to hold a Farmers' Market in the parking lot area of West Valley College, Saturdays year round. (JA~.A RINALDI) (APPROVED 4-0-1, NAGPAL RECUSED) APPLICATION #04-274 Metro PCS (397-30-053)13650 Saratoga Avenue (Saratoga Library)- The applicant requests use permit approval to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. Related equipment cabinets will be installed in the area of the existing trash enclosure. (CHRISTY OOSTERHOUS) (APPROVED 5-0) 4. APPLICATION #05-118 BHATIA (503-16-026),13228 Pierce Road; -Request for Modification of Approved Plans. The applicant is requesting to increase the height of the structure from the approved height of 24 feet 6 inches to 25 feet 6 inches. The project is under construction and a redesign of the roofline is requested due to the excess height. In addition, minor changes such as revised window locations and a gable roof on the rear elevation are requested. There are no changes proposed to the square footage, which increased from a 2,814 square foot single story to a two story 4,553 square foot home. The gross lot area is 21,052 square feet and the parcel is zoned R-1-40,000. (AivN WELSH) (APPROVED 4-1, NAGPAL OPPOSED) 5. APPLICATION #04-216 BARNES (397-05-055), 14377 Old Wood Road; -Request for Modification of Approved Plans. The applicant is requesting to keep, as a second dwelling unit, a 1,450 square foot portion of the 2,476 square foot home that was required to be demolished as a condition of design review approval of the 6,037 square foot new home constructed on the lot. The lot is zoned R-1- 40,000 and the lot size is 49,701 square feet. The proposed second dwelling unit houses athree-car garage and 650 square feet of living space. (ANN WELSH) (APPROVED 5- 0) DIRECTORS ITEM Report on the April 20, 2005 City Council meeting regarding feedback from the Design Review Board Ad Hoc Committee COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT AT 12:15 AM TO THE NEXT MEETING - Wednesday, May 11, 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@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to mahe reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on Apri121, 2005 at the of fice of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA ~~ DATE: Tuesday, April 26, 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, APRIL 27, 2005 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #05-099 - Farmers' Market Association Item 2 14000 Fruitvale Avenue 2. Application #04-216 - Barnes Item 5 ~~ 14377 Old Wood Road 3. Application #04-274 - Metro PCS Item 3 13650 Saratoga Avenue 4. Application #05-094 - Sorden/Chen Item 1 14118 Shadow Oaks Way 5. Application #05-118 - Bhatia Item 4 13228 Pierce Road 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 andlor 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, April 27, 2005 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Jill Hunter, Robert Kundtz, Linda Rodgers, Michael Schallop; Mike Uhl, and Chair Susie Nagpal PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of April 13, 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 staff accordingly regardingOral Communications under Planning Commission direction to Staff. ORAL COMMUI`TICATIONS- 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 April 21, 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, or ten (10) calendar days for a conditional use permit, 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 #05-094 Appellant -BORDEN; Property Owner - CHEN (397-16-056) 14118 Shadow Oaks Way -Appeal of approved Administrative Design Review application 04-307 to demolish the existing home and construct a 3,702 square foot home with a 736 square foot garage. The height of new home would be 17 feet 10.5 inches. The lot size is 19,724 square feet and is located in the R-1-20,000 zoning district. (LATA VASUDEVAN) 2. APPLICATION #05-099 397-15-018 California Farmers' Markets Association 14000 ~ ) , Fruitvale Avenue: -Request approval for a Conditional Use Permit allowing the California Farmers' Markets Association to hold a Farmers' Market in the parking lot area of West Valley College, Saturdays year round. (JaNa RINALDI) APPLICATION #04-274 Metro PCS (397-30-053)13650 Saratoga Avenue (Saratoga Library)- The applicant requests use permit approval to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. Related equipment cabinets will be installed in the area of the existing trash enclosure. (CHRISTY OosTERHOUS) 4. APPLICATION #05-118 BHATIA (503-16-026),13228 Pierce Road; -Request for Modification of Approved Plans. The applicant is requesting to increase the height of the structure from the approved height of 24 feet 6 inches to 25 feet 6 inches. The project is under construction and a redesign of the roofline is requested due to the excess height. In addition, minor changes such as revised window locations and a gable roof on the rear elevation are requested. There are no changes proposed to the square footage, which increased from a 2,814 square foot single story to a two story 4,553 square foot home. The gross lot area is 21,052 square feet and the parcel is zoned R-1-40,000. (ANN WELSH) 5. APPLICATION #04-216 BARNES (397-05-055), 14377 Old Wood Road; -Request for Modification of Approved Plans. The applicant is requesting to keep, as a second dwelling unit, a 1,450 square foot portion of the 2,476 square foot home that was required to be demolished as a condition of design review approval of the 6,037 square foot new home constructed on the lot. The lot is zoned R-1- 40,000 and the lot size is 49,701 square feet. The proposed second dwelling unit houses athree-car garage and 650 square feet of living space. (ANN WELSH) ~f DIRECTORS ITEM - Report on the April 20, -2005 City Council meeting regarding feedback from the Design Review Board Ad Hoc Committee COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, May 11, 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 35.102-35.104 ADA Title II). . Certificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on Apri121, 2005 at the office of the City of Saratoga, 13777 FruiNale 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 ~~ o MINUTES ~~ SARATOGA PLANNING COMMISSION DATE: Wednesday, April 13, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Commissioner Nagpal called-the meeting to order at 7:02 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Kundtz, Nagpal, Schallop and Uhl Absent: Commissioner Rodgers Staff: Associate Planner Christy Oosterhous PLEDGE OF ALLEGIANCE ELECTION OF A NEW PLANNING COMMISSION CHAIR AND VICE-CHAIR Motion: Upon motion of Commissioner Hunter, Commissioner Nagpal was selected as the Planning Commission Chair. (6-0-1; Commissioner Rodgers was absent) Motion: Upon motion of Commissioner Uhl, Commissioner Rodgers was selected as the Planning Commission Vice Chair. (6-0-1; Commissioner Rodgers was absent) APPROVAL OF MINUTES -Regular Meeting of March 23, 2005. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission minutes of the regular meeting of March 23, 2005, were adopted as submitted. (6-0-1; Commissioner Rodgers was absent) WELCOME NEW COMMISSIONERS Chair Nagpal welcomed newly appointed Commissioners Cappello and Kundtz to their first meetings on the Planning Commission. ORAL COMMUNICATION There were no Oral Communication Items. • ,~ - -,` Planning Commission Minutes for April 13, 2005 Page 2 REPORT OF POSTING AGENDA Associate Planner Christy Oosterhous announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on Apri17, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b); 10 days for Conditional Use Permits. CONSENT CALENDAR There were no Consent Calendar items. *** PUBLIC HEARING - ITEM NO.1 APPLICATION #04-065 (386-53-019) Verizon Wireless, 12383 Saratoga Sunnyvale Road: The applicant requests Use Permit Approval to install- three panel antennas at the site of an existing lattice tower located in the "Gateway" near the railroad tracks and Azule Crossings. The existing lattice tower includes a "top hat," which holds panel antennas for another carrier. The height of -the existing lattice tower including "top hat" is 140.5 feet.. The applicant requests approval to replace the existing "top hat" with a new "top hat," which would extend an additional 5.5 feet in height and hold both the existing and proposed panel- antennas. -The proposed height including "top hat" will be 146 feet. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement and a generator are also proposed. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant, Verizon Wireless, is seeking approval of a Conditional Use Permit to . allow three panel antennas at an existing PG&E lattice tower. • Explained that the height of the lattice tower would increase by 5.5 feet. An equipment area will be located on the ground and enclosed with an eight-foot high wood fence. • Reported that there are several carriers already on site. ~~ • Added that a generator is proposed, which will require weekly testing. • Recommended approval with revised Conditions of Approval #8 and #9. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Ms. Karen McPherson, Applicant, Verizon Wireless: • Complimented staff on a wonderful job in presenting this application. • Stated that it has been a pleasure working with Christy Oosterhous. • Advised that Verizon is joining two existing carriers on this site, MetroPCS and~Sprint. _ Planning Commission Minutes for April 13, 2005 Page 3 • Stated that the noise standard that they should be held to is the standard as outlined in the City's Commissioner Cappello asked if the proposed landscaping consists simply of oleanders. Noise Ordinance. • Added a concern about the requirement for landscape maintenance and suggested that consecutive shorter-term contracts (five years) are more typical than the stated "perpetual maintenance of the landscape." Ms. Karen McPherson replied yes. They will plant seven oleanders that will be regularly watered. Oleanders are both disease and bug resistant and will do quite well. Chair Nagpal asked for clarification about the concerns with proposed language included on the April 12, 2005, staff memo. Ms. Karen McPherson: • Said the Condition #8 has ambiguous language reading, "or if the generator interferes with the quality of life of the residences and/or businesses in the area, additional housing for the generator may be required by staff." • Assured that they plan to comply with the City's Noise Ordinance standards, which are very strict. If they are simply asked to meet those Noise Ordinance standards, they are comfortable with the Condition. • -Added that there is a lot of legalese in Condition #9 and that both sides' attorneys should be able to work out the details in a way that is acceptable to all. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter said she was fine with this request. She added that she could understand the concerns raised about the two conditions mentioned and was sure that these issues could be resolved so that this applicant is held to the same standards as other similar applications. Commissioner Schallop expressed his agreement, saying that the wording is ambiguous. Commissioner Hunter stated that no one could sign up for landscaping forever. Commissioner Kundtz: • Stated that he has concerns about a portion of the draft Resolution that can be resolved with a simple addition of text. . • Suggested that Section 1, Item I, could have the added language following the word antennas to read, "...antennas, landscapning and fences as shown on Exhibit A. " Motion: Upon motion of Commissioner Kundtz, seconded by Commissioner Hunter, the Planning Commission granted a Use Permit Approval (Application #04-065) to allow the installation of three panel antennas in a co-location with two existing carrier with a maximum height of 146.5 feet and including a 532 square foot equipment enclosure surrounded by eight foot .high wood fence and screening oleanders on property located at 12383 Saratoga-Sunnyvale Road, with the revisions stated to the Conditions, by the following roll call vote: - ~.. Planning Commission Minutes for April 13, 2005 Page 4 AYES: Cappello, Hunter, Kundtz, Nagpal, Schallop and Uhl NOES: None ABSENT: Rodgers ABSTAIN: None **~ DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Chair Nagpal sought clarification whether the 3:30 p.m. site visit start time continues to be the most convenient for the Commission. Upon discussion, it_was determined that the visits would occur at 3:30 p.m., later on days where the list of sites to visit requires less time than typically required. COIVIlVILJNICATIONS There were no Communications Items.- AD TOURNMENT TO NEXT MEETING U~ on motion of Commissioner Hunter, Chair Nagpal ,adjourned the meeting at 7:20 p.m. to the next P Regular Planning Commission meeting of Apri127; 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk i i • _, Item 1 REPORT TO THE PLANNING COMMISSION Application No./Location: 05-094;14118 Shadow Oaks Way Type of Application: Appeal of Admin. Design Review Application No. 04-307 Appellant: Jim Sorden Applicant/Owner: Jie Chen Staff Planner: Lata Vasudevan, AICP, Associate Planner Date: April 27, 2005 r APN: 397-16-056 Department Head: ~~ ~V • • 14118 Shadow Oaks Way ~4®4~ Application No. OS-094(Appeal of Admin. Design Review Application No. 04-307); 14118 Shadow Oaks Way CASE HISTORY: Application filed: 10/01/04 Application complete: 10/27/04 Neighborhood Review Period (Re-Norice): 02/2U05 - 03/07/05 Appeal Filed: 03/17/05 Notice published: 04/13/05 Mailing completed: 04/Ol/OS Posting completed: 04/15/05 ZONING: R-1-20,000 (Single-Family Residential) GENERAL PLAN DESIGNATION: RLD Residential Low Density MEASURE G: Not applicable PARCEL SIZE: 19,724 square feet (gross and net) AVERAGE SITE SLOPE: 3%. ~ i Y f fill. A adin ermit would be re wired. "" GRADING REQUIRED:142 CY of cut and 15 C o gr g p q ENVIRONMENTAL DETERMINATION: The proposed project consisting of construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. • ~®®~~ Application No. OS-094(Appeal of Admin. Design Review Application No. 04-307); 14118 Shadow Oaks Way PROJECT DATA: Lot Coverage: Floor Area: Building: Walkways, Patios, Driveways: TOTAL: (Impervious Surface) Existing House: Proposed House: Living Area:- . Garage: TOTAL PROPOSED: Setbacks: Height: Front: Rear: Interior Side: Exterior Side: Residence: Proposed Code Requirements Maximum Allowable: 29% 45% 4,438 sq. ft. 1,182 sq. ft. 5,620 sq. ft. 8,876 sq. ft. 2,866 sq. ft. Maximum Allowable: 3,702 sq. ft. 736 sq. ft. 4,438 sq. ft. 4,440 sq. ft. Minimum Requirement: 30 ft. -2 in. 30 ft. - 0 in. 50 ft. - 8 in. 35 ft. - 0 in. 19 ft. - 9 in. 10 ft. - 0 in.l 22 ft. - 2 in. 20 ft. - 0 in. Maximum Allowable 17 ft. -10.5 in. 26 ft. ' Pursuant to MCS 15-65.160, the interior and exterior sideyard setback requirements are 10% and 20% of the lot width, respectively, because the width of the lot is less than the standard of 110 feet for the R-1-20,000 zoning district. 1~®®®~ Application No. OS-094(Appeal of Admin. Design Review Application No. 04-307); 14178 Shadow Oaks Way PROJECT DISCUSSION: The applicant requests Administrative Design Review approval to demolish the existing home and construct a new one-story home with a height of 17 feet 10.5 inches. The square footage of the home will be 3,702 square feet for the living area and 736 square feet for the attached three-car garage. The exterior will be beige (`sandstorm') stucco with white -trim and gutters, cultured stone veneer accents and gray roof material that has a wood shake appearance. This project was originally approved with conditions on 1\TOVember 15, 2005 after a 15-day public review period. However, after noticing the installation of construction fencing at the project site, the appellant Mr. Sorden contacted Planning Staff and said that he and several other property owners across the street never received a public review notice about the impending new construction. Staff acknowledged the error after noticing that the database in the Ciry GIS system did not include any information on properties that are directly across the street from the subject lot. Staff, therefore voided the approval and re-noticed this application on February 18, 2005 ensuring that all properties within 250 feet of the subject site were given opportunity to review and appeal the application. Mr. Sorden, of 14091 Shadow Oaks Way, filed an appeal on March 17, 2005, during the 15-day appeal period. Appeal Mr. Sorden submitted a letter (attached) along with his appeal application that indicates all of his concerns regarding this application. The following is a discussion of Mr. Borden's five concerns stated in his letter and paraphrased below. Concern #l~ The proposed project is on a blind intersection and that it is extremely dangerous. The northeast corner of the proposed home will not be significantly closer to the corner than the existing home. MCS 15-29.010 (c) states that no fence, wall or compact hedge located within a triangle having sides 50 feet in length from a street intersection shall exceed three feet above the established grade of the adjoining street. The proposed project will not be in violation of this ordinance. Staff has added a condition of approval that the low wall and planting proposed on the landscape plan L1.0 be consistent with this Municipal Code requirement. Concern #2' The design compatibility of the project with the existing Shadow Oaks Tract homes. • • The homes built on this tract are 1950's style ranch homes. This neighborhood is not much different from other post WWll tracts in Saratoga that are currently being replaced with newer homes that are similar in style with the applicant's new home. ~+~~~®~ Application No. OS-094(Appeal ofAdmin. Design Review Application No. 04-307); 14118 Shadow Oaks A'ay Concern #3: The home is bulkier in com arison with other homes in the nei hborhood. Most of the homes in the neighborhood are one-story ranch homes. Staff finds that the proposed home, with its facade articulations, 'ill not be significantly bulkier than the other homes in the neighborhood. The existing home is approximately 86 feet long. The footprint of the existing home in comparison with the proposed home can be viewed on Sht. C-1 of attached Exhibit A. Staff surmises that homes in the neighborhood are roughly 16 feet in height. The proposed home is 2 feet taller than the homes in the area. Most newer homes are taller than homes built 50 years ago. The proposed home will not be built on a man made 4-foot pedestal as described by the appellant. The existing topography of the lot is such that it is higher in elevation at the building pad than in other areas. As seen on the elevation drawings on Sht. A-6, the finished floor of the home at elevation 105 feet will not be much higher than the finished floor of the existing home, which is at approximately 104.9 feet. Height is measured from the average of the lowest and highest existing natural grade at the proposed building's edge. The grading proposed for this project is also shown on Sht. C-2, which further illustrates that no `pedestal' of earth will be created. In fact, the opposite will occur since what is shown on the grading plan is that the new building pad will be graded down to elevation 102.67. Concern #4: The project does not conform to items 2,10 and 17 of the CC~R's of the Shadow Oaks Tract. The City is not responsible for enforcing CC&zR's of a subdivision. Any issues related to the CC~R's are between the property owner and the homeowners association. Concern #5: Lack of effort by the City, homeowner, or project architect to inform or consult with neighbors regarding the proposed project, and that the neighborhood notification template was ignored. Staff requires the neighborhood notification form for all design review projects. However, Staff did not request this form for this application. It is not expected that the applicant would automatically know that he should talk to neighbors before the public noticing process unless Staff advises to do so. Staff has already acknowledged its error in the public noticing process, and has rectified the situation by re-noticing this application. Such lack of effort as perceived by the appellant was by no means intentional. Trees The City Arborist Report prepared for this application indicates 11 ordinance-sized trees that are in close proximity to the proposed project. Only one tree - a Blue Elderberry - is proposed for removal. The City Arborist determined the removal of this tree to be appropriate and has required one 24-inch box replacement tree as mitigation. All of the other ~~+~®®~+ Application No. OS-094(Appeal of Admin. Design Review Application No. 04-307); 14118 Shadow Oaks Way . I trees would be impacted at acceptable levels provided that the recommendations contained in the Ciry Arborist Report are followed. These recommendations have been made conditions of approval in the attached Resolution. Conclusion The following is a discussion of how this project meets all of the Design Review findings stated in MCS 15-45.080. Design Review Findings: A. Avoid unreasonable interference with views and privacy. The height, elevations andplacement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds, will avoid unreasonable interference with views and privacy. Because of the existing, mature neighborhood trees, there will not be unreasonable interference with views or privacy. B. Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by. designing structures to follow the natural contours of the site and minimizing tree and-soil removal; grade changes will be minimized and will be in beeping with the general appearance of neighboring developed areas -and undeveloped areas. Grading is proposed, however it will be primarily in the vicinity of the building pad. C. Preserve Native and Heritage Trees. There are no protected native or heritage trees that will be impacted by this proposal. D. Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots and to the surrounding region will minimize the perception of excessive bulb and will be integrated into the environment. Because the new dwe]]ing will be single story and will have facade articulations including shutters and stone veneer accents, the bulk and mass will be Yninimi~ed. The varying rooflines and bay windows also i~nimize the perception of bulk and will provide further visual interest. E. Compatible bulb and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (iii) unreasonably impair the light and air of adjacentproperties to utilize solar energy. The proposed home will not impair the light and air of adjacent properties. As there are existing single story homes that are similar in size, it is determined that the proposal will be of compatible bulk and mass. F. Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The grading that is proposed is in the vicinity of the building pad, and the grading quantity is not high. The project will meet all grading and erosion control standards. G. Designpolicies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. r~ ~~~~~ Application No. OS-094(Appeal ofAdmin. Design Review Application No. 04-307); 14118 Shadow Oaks Way STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution denying the appeal and approving application No. 04-307 with conditions. The decision on this appeal is final and not subject to further appeal to the City Council. ATTACHMENTS: 1. Resolution denying the appeal. 2. Appeal application and accompanying letter from Appellant Sorden. 3. Affidavit of Mailing Notices and List of property owners who were sent notices regarding the public hearing for this application. 4. City Arborist Report dated October 13, 2004. S. Reduced plans, Exhibit "A". • v®®®~ r-~ Attachment 1 • ~~~~ RESOLUTION NO. Application No. 05-094 Denial of Appeal of Administrative Design Review Application No. 04-307 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Chen; 14118 Shadow Oaks Way (Property Owner) Sorden (Appellant) WHEREAS, the City of Saratoga Planning Commission has received an appeal of Administrative Design- Review application No. 04-307 which proposes to construct a 3,702 square feet one-story home with a 736 square feet attached garage; and WHEREAS, the Planning Commission held a duly noticed Public Hearing on April 27, 2005 at which time all interested parties were given a full opportunity to be heard and to present evidence; and ' WHEREAS, the project, which proposes construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences; and WHEREAS, the appellant has not met the burden of proof required to support said application No. 05-094 which appeals Administrative Design Review Application No. 04- 307 in that the following findings specified in Municipal Code Section 15-45.080 have been determined: A. Avoid unreasonable interference with views andprivacy. The height, elevations andplacement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds, will avoid unreasonable interference with views and privacy. Because of the existing, mature neighborhood trees, there will not be unreasonable interference with views or privacy. B. Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimi.Zed and will be in beeping with the general appearance of neighboring developed areas and undeveloped areas. Grading is proposed, however it will be primarily in the vicinity of the building pad. C. Preserve Native and Heritage Trees. There are no protected native or heritage trees that will be impacted by this proposal. D. Minimi.Ze perception of excessive bulb. The proposed main or accessory structure in relation to structures on adjacent lots and to the surrounding region will minimi.Ze the perception of excessive bulb and will be integrated into the environment. Because the new dwelling will be single story and will have facade articulations including shutters and stone veneer accents, ~~~®~~ i the bulk and mass will be mi iced. The varying rooflines and bay windows also ilLnimize the perception of bulk and will provide:further visual interest. E. Compatible bulh and height. The proposed main or accessory structure will be compatible in terms of bulb and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (iii) unreasonably impair the light and air of adjacentproperties to utilize solar energy: The proposed home will not impair the light and air of adjacent properties. As there are existing single story homes that are similar in size, it is determined that the proposal will be of compatible bulk and mass. F. Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The grading that is proposed is in the vicinity of the building pad, and the grading quantity is not high. The project will meet all grading and erosion control standards. ' G. Designpolicies and techniQues. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, Application No. 05-094 appealing Administrative Design Review application No. 04-307 has been denied, and approval of Administrative Design Review application No. 04-307 is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The project shall be constructed as shown on Exhibit A of the Administrative Design Review application, with the materials and colors to be the same as the submitted material and color board. 2. Four (4) sets of complete construction plans incorporating this Notice of Approval and City Arborist report printed onto a separate plan pie shall be submitted to the Building Division. 3. The construction plans shall include final landscape, irrigation and utility plans for Staff approval. The proposed landscaping and the.low wall shall be consistent with MCS 15-29.010 (c). 4. The height of the structure at its highest point shall not be taller than 17 feet 10.5 inches as shown on the approved plans. The elevation of the lowest and highest natural grade at the building's edge and the elevation of the highest point of the structure shall be indicated on the elevation drawings submitted to the Building Division. ~®®~~~ 5. The site plan shall be stamped by a licensed land surveyor. 6. The monetary bond for $33,930 shall be on file with the Community Development Department prior to building permit issuance. Tree fencing shall be installed prior to building permit issuance. 7. All Arborist Report recommendations shall be followed per the Ciry Arborist Report dated October 13, 2004 8. The complete construction plans submitted to the Building Division shall include a grading, drainage and storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 9. In order to comply with standards that minimise impacts to the neighborhood during site preparation and construction, the applicant shall comply with Municipal Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Applicant shall comply with all Fire Dept. requirements. 11. Front yard and exterior side yard landscaping shall be installed prior to final building inspection. 12. An Encroachment Permit from the City Public Works Dept. is required for work within the Ciry right of way. Compliance with all Public Works conditions is required. 13. Any revisions require planning staff approval. Staff will approve no downgrading of the exterior of the residence from the approved plans. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Any exterior changes to approved plans may require filing an additional application and fees as a modification to approved plans. CITY ATTORNEY 14. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of Ciry in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the Ciry's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction 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. PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 27th day of Apri12005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission • ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date ~~~~~ i~ I. Attachment 2 • ~~~~~~.~ Appellant Name: CITY OF SAR.ATOGA • PLANNING COMMISSION APPEAL APPLICATION /_ . / ~1,~ ~, ~~~~%~~-=rte, Address: ~ T ~ C% Telephone #: ~C~ ~ L~~ i ~ G' ~ f Name of Applicant (If different than Appellant): Project file number and address: Cam' ~ -" _~ ~=' Decision being appealed: /~/ ?/"~~~~~4'~ ~ / ~' /J'~~` ; G ~~ /~'%v4'' f~'G~f~-~ Grounds for appeal (Letter maybe attached): ~;'/ --_-___ __.__ f._5 c~~/~ l Applicant Signature: y ^ Municipal C~i~ae Section 2-05.030 (a) appeals: • No Hearing $100.00 • With Hearing $200.00 Date: © Municipal Code Section 15-90.010 appeals (Zoning related): • Appeals from Administrative Decisions to the Planning Commission $250.00 ^ Municipal Code Section 15-90.020 appeals (Zoning related); Appeals from the Planning Commission to the Ciry Council $250.00 ^ Request for a Continuance: D • First Request No Charge ~ ~ ~ ~ (j~ /~ • 2°d Request. $250.00 v C5' BAR 1 ~ 2005 CITYOF Date Received: ~'"1"~"vrrv SARA roG,~ ~~VFLOPIv~Fr, Hearing Date: Fee: Receipt #: . ~~~~~~~ ~ ~ March 17, Zoos City of Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Administrative Design Review # 04-307. Proposed Razing and Reconstruction of 14110 Shadow Oaks Way which has been reassigned -with the new address of 14118 Shadow Oaks Way. REQUEST FOR PLANNING COMMISSION HEARING The Shadow Oaks/Woodview committee respectively requests a public hearing on the above matter. There are several main issues: The safety of people and animals: The proposed project is on a blind intersection. IT IS EXTREMELY DANGEROUS TO MAN AND BEAST. THE LIABILITY FOR THE CITY AND NEW OWNER IS CONQUEQENTAL. • The design incompatibility of the project with the existing Shadow Oaks Tract homes. The bulk of the home, in comparison with all other homes on the neighboring streets, as it is 113 foot long and sits on a 4 foot pedestal with a flattened roof. The project does not conform to items 2, 10 and 17 of the CC&Rs for the Shadow Oaks Tract. The lack of effort by the City, the new owners of 14118 Shadow Oaks and or the project's architect to inform or consult with neighbors between July 2004 and February 2005. The Planning Department's "Neighbor's Notification Template for Development Application" was totally ignored. More details on the above issues will be forthcoming as the date of the Public Hearing draws near. On behalf of the Shadow Oaks\Woodview committee, Jim Sorden (741- 1007) requests the opportunity to bring this issue before the Planning Commission. Thank you, Sorden 14091 Shadow Oaks Way Saratoga, CA 95070 o ~c~~o~ BAR 1 7 2005 _-,~ C/TYOFSgRgTOGq ~Mi'N-Tv OEV~LOPNjEN'r ~~~~~~~ i i Attachment 3 • ~~~~~~~ • AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~ V ~®~~~ ,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 1 S~ Planning Commission on the day of ~~ 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was .regular communication by United States Mail to the addresses shown above. Signed ~~~~~ 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 Wednesday, the 27th day of April 2005, at 7:00 p.m. Located in the City Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT: APPLICATION #OS-094; 14118 Shadow Oaks Way APN: 397-16-056; Appellant -BORDEN, Property Owner - CHEN Appeal of approved Administrative Design Review application #04-307 to demolish the existing home and construct a 3,702 square foot one- story home with a 736 square foot garage. The height of new home would be 17 feet 10.5 inches. The lot size is 19,724 square feet and is located in the R-1-20,000 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 Tuesday, April 19, 2005. 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. Lata Vasudevan, AICP Associate Planner 408-868-1235 FINNELL ROBERT R TRUSTEE ETAL LULU ROSS & BARBARA ~or Current Owner or Current Owner 14210 DOUGLASS LN 14190 DOUGLASS LN TOGA, CA 95070-5561 SARATOGA, CA 95070-5536 X9716011 apn: 39716012 METCALF RALPH M & HELEN A TR KELCH JOSEPH E TRUSTEE THE or Cyrrrent Owner or Current Owner 14130 DOUGLASS LN 14150 DOUGLASS LN SARATOGA, CA 95070-5536 SARATOGA, CA 95070-5536 apn: 39716015 apn: 39716014 MCPHERSON MARK & VIRGINIA CHANG TUNG L & LIN-YUAN TRUSTEE or Current Owner or Cun-ent Owner 14191 WOODVIEW LN 14171 WOODVIEW LN SARATOGA, CA 95070-5553 SARATOGA, CA 95070-5553 apn: 39716022 apn: 39716021 BURKET MARGUERITE M or Current Owner 14200 WOODVIEW LN SARATOGA, CA 95070-5556 apn: 39716024 BURKE MARK & JERESE TRUSTEE or Current Owner 14170 WOODVIEW LN SARATOGA, CA 95070-5547 apn: 39716028 LYKKE DONALD E & BERNICE H or Current Owner 14130 WOODVIEW LN SARATOGA, CA 95070-5547 a •39716030 TACRE RICHARD J & CARON L TRUSTEE or Current Owner 14070 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39716033 SU YUAN-MOU &MEI-HWA F or Current Owner 14040 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39716036 O'RORKE or Current Owner 14031 SHADOW OAKS WY SARATOGA; CA 95070-5544 apn: 39741003 BORDEN JAMES AND ANNE or Current Owner 14091 SHADOW OAKS WY SARATOGA, CA 95070-5543 apn: 39741006 ~H GLORIA D TRUSTEE rrent Owner 14121 SHADOW OAKS WY SARATOGA, CA 95070-5560 apn: 39741009 WHISNANT WILLIAM L & STEPHANIE V TRUSTEE or Current Owner 14090 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39716031 MULLANEY STEPHEN P & ELIZABETH H • or Current Owner 14060 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39716034 MOLLAHAN or Current Owner 14011 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39741001 CUMMINS or Current Owner 14045 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39741004 WHITTEMORE W & P TRUSTEE or Current Owner 14101 SHADOW OAKS WY SARATOGA, CA 95070-5560 apn: 39741007 BOYD J & W TRUSTEE or Current Owner 14131 SHADOW OAKS WY SARATOGA, CA 95070-5560 apn: 39741010 HARKEY BYRON J & MARY F or Current Owner 14170 DOUGLASS LN SARATOGA, CA 95070-5536 apn: 39716013 NILAND EDWARD J & MURIEL B TRUSTEE or Current Owner 14110 DOUGLASS LN SARATOGA, CA 95070-5536 apn: 39716016 ALLESHOUSE WILLIAM O & HONORA B TRUSTEE or Current Owner 14231 WOODVIEW LN SARATOGA, CA 95070-5559 apn: 39716023 STRONG ALLAN L & NATHALIE V or Current Owner 14150 WOODVIEW LN SARATOGA, CA 95070-5547 apn: 39716029 NETLLEMAN BRIAN J & KIM A TRUSTEE or Current Owner 14080 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39716032 FU CHERNG-CHYI & CHEING-MEI TRUSTEE or Current Owner 14050 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39716035 PECK or Current Owner 14021 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39741002 BURGER or Current Owner 14075 SHADOW OAKS WY SARATOGA, CA 95070-5544 apn: 39741005 DEL GRANDE FRANK & ANNE L TRUSTEE or Current Owner 14111 SHADOW OAKS WY SARATOGA, CA 95070-5560 apn: 39741008 DANNER ALDEN E & ANN TRUSTEE or Current Owner 14190 WOODVIEW LN SARATOGA, CA 95070-5556 apn: 39716053 ~~®~~~ SUTTON MURIEL M & LAWRENCE T LAI ROBERT S & THERESA H or Current Owner or Current Owner 14120 SHADOW OAKS WY 20738 WOODWARD CT ' SARATOGA, CA 95070-5546 SARATOGA, CA 95070-5335 apn: 39716055 apn: 39716056 WALKER RICHARD M & CONNIE C or Cun~ent Owner 14188 QUAIL ACRES SARATOGA, CA 95070-5540 apn: 39716058 HORTIN ROBERT W & CAROL A TRUSTEE or Current Owner 1 QUAIL ACRES SARATOGA, CA 95070 apn: 39716060 WALKER RICHARD M & CONNIE C ETAL or Current Owner 14180 QUAIL ACRES • SARATOGA, CA 95070-5540 apn: 39716057 BONSALL MARJORIE or Current Owner 14131 WOODVIEW LN SARATOGA, CA 95070-5553 apn: 39716132 BOSSI ROBERT D & DEBRA D MILLER MICHAEL J & VERONICA R TABOADA THOMAS J & CHRIS A or Current Owner TRUSTEE TRUSTEE 14151 WOODVIEW LN or Current Owner or Current Owner SARATOGA, CA 95070-5553 14101 DOUGLAS LN 14113 DOUGLAS LN apn: 39716133 SARATOGA, CA 95070-5535 SARATOGA, CA 95070-5535 apn: 39724028 apn: 39724029 MULLIGAN KATHLEEN A KRUKA WILLIAM C & EVETT M WOOD GLADYS C TRUSTEE or Current Owner or Current Owner or Current Owner 14125 DOUGLAS LN 14137 DOUGLAS LN 14161 DOUGLAS LN SARATOGA, CA 95070-5535 SARATOGA, CA 95070-5535 SARATOGA, CA 95070-5535 apn: 39724030 apn: 39724031 apn: 39724032 . PHIPPS JERRY M & HARRIET C BERG JOSEPH U & MARILYN J LONG JOSEPH P & RUTH M TRUSTEE TRUSTEE TRUSTEE or Current Owner or Current Owner or Current Owner P O BOX 2095 14175 DOUGLAS LN 14191 DOUGLAS LN SARATOGA, CA 95070-0095 SARATOGA, CA 95070-5535 apn: 39724033 SARATOGA, CA 95070-5535 apn: 39724034 apn: 39724035 LIU JIM F & TINA C TRUSTEE WU CHIN-HWAUN & MAN-MEI BARRETT KATHRYN E or Current Owner or Current Owner or Current Owner 14222 LOVELAND CT 14220 LOVELAND CT 14060 DOUGLAS LN SARATOGA, CA 95070-5905 SARATOGA, CA 95070-5905 SARATOGA, CA 95070-5555 apn: 39724061 apn: 39724062 apn: 39724072 I~TORRING TOM & TO-NGA THI PICHE WILLIAM K & SUSAN C PATSY LOU RESCHAR TRUSTEE TRUSTEE or Current Owner or Current Owner or Current Owner 112 CALFHILL CT 14128 SARATOGA AV 14118 SARATOGA AV -LOS GATOS, CA 95032 SARATOGA, CA 95070-0000 SARATOGA, CA 95070-0000 apn: 39725040 apn: 39724077 apn: 39724078 YANG AMY S ETAL FARAONE TEDD E TRUSTEE KAPLAN JONATHAN M & MICHELLE or Current Owner or Current Owner W 14031 SARATOGA AV 14041 SARATOGA AV or Current Owner SARATOGA, CA 95070-5437 SARATOGA, CA 95070-5437 14051- SARATOGA AV apn: 39725041 apn: 39725043 SARATOGA, CA 95070-5437 apn: 39725044 ATTAWAR KRIPAL C & DUA ANDRES MICHAEL A &-LINDA M FINE JILL M & LARRY R TRUSTEE or Current Owner or Current Owner or Current Owner 14035 SARATOGA AV 14065 SARATOGA AV 14075 SARATOGA AV SARATOGA, CA 95070-5437 SARATOGA, CA 95070-5437 SARATOGA, CA 95070-5437 apn: 39725064 apn: 39725099 apn: 39725100 MISLE HOWARD N & TAMARA R WEAVER ROY H JR & VERNA T JORDAN DELOISE A TRUSTEE- or Current Owner TRUSTEE or Current Owner 20041 HERITAGE OAK or Current Owner 20026 HERITAGE OAK SARATOGA, CA 95070-5565 20033 HERITAGE OAK SARATOGA, CA 95070-5565 apn: 39741011 SARATOGA, CA 95070-5565 apn: 39741013 apn: 39741012 ~'~~~~~ ANDREWS DONALD P & GAIL D 'TRUSTEE or Current Owner HERITAGE OAK TOGA, CA 95070-5565 apn: 39741014 or Current Owner apn: • CARNEY JOHN M & PATRICIA or Current Owner 20010 HERITAGE OAK SARATOGA, CA 95070-5565 apn: 39741015 or Current Owner apn: or Current Owner apn: or Current Owner apn: :~; t '~ ~~~ • Attachment 4 • ~~®~~~ .~ ' /'~ A TREE INVENTORY AND REVIEW OF A PROPOSED NEW RESIDENCE AT 14110 SHADOW OAKS WAY SARATOGA, CALIFORNIA OWNER'S NAME: Chen APPLICATION #: 04-307 APN #: 397-16-056 Submitted to: Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A • October 13, 2004 ~~~~~~ David L. Babby, Registered Consulting Arborist October 13, 2004 SUMMARY '. . There are 11 trees regulated by City Ordinance that are in close proximity to the proposed project. They include six Coast Live Oaks (#2-5, 9, 10), three Arizona Cypress (#6-8), one Blue Elderberry (#1), and one Coast Redwood (#11). Specific data compiled for each tree is presented on the attached table. Tree #1 is proposed for removal on Sheet L1.0. This tree is relatively small and its loss would be insignificant. As mitigation, I suggest the installation of one tree of 24-inch box size. Tree #9 would be severely damaged by installing the driveway and electrical line within a few feet of its trunk. The location of the proposed Swale will also impact the tree. A setback of five feet from the trunk is recommended for all features. All other trees are anticipated to be impacted at acceptable levels provided the recommendations presented in this report are carefully followed and incorporated into construction plans. Per City Ordinance, a bond equal to 100% of the appraised value of trees planned for retention is required, which equals $33,930. INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with demolishing an existing residence and constructing a new one at 14110 Shadow Oaks Way, Saratoga. This report presents my findings and recommendations. Plans reviewed for this report include Sheet C-1 (by SMP Company, dated 9/16/04) and Sheet L1.0 (by Reed Associates, dated 9/22/04). The trees' locations, numbers and canopy perimeters are shown on an attached copy of Sheet C-1 (Preliminary Grading and Drainage Plan). Tree #6-8 and 10 are not shown on plans reviewed. Their trunk locations have been plotted on the attached map and should not be construed as being surveyed.. ~ The appraised tree values shown on the attached Tree Inventory Table are calculated in accordance with the Guide for Plant Appraisal, 9`" Edition, published by the International Society of Arboriculture, 2000. Chen Property, 14110 Shadow Oaks Way, Saratoga Page I of 3 City of Saratoga Community Development Department ,^ ~ ^f '~ David L. Babby, Registered Consulting Arborist October 13, 2004 RECOMMENDATIONS 1. The surveyed location of trees #6-8 and 10 should be added to the Grading & Drainage, Site and Landscape Plans. 2. The proposed swale, electrical line and circular driveway should be redesigned to be at least five feet from tree #9's trunk. 3. Tree protective fencing shall be installed precisely as shown on the attached map and established prior to any demolition, grading, surface scraping, construction or heavy equipment arriving on site. It shall be comprised of five- to six-foot high chain link mounted on two-inch diameter, galvanized steel posts, driven 18 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection. 4. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed). These activities include, but are not limited to, the following: grading (soil fill and excavation), surface scraping, trenching, stockpiling and dumping materials, and equipment/vehicle operation and parking. 5. A four-inch layer of wood chips from a tree company should be manually spread beneath the canopies of trees #2, 5 and 9. 6. The trenches proposed for the water line beneath tree #2's canopy and electrical line beneath tree #9's canopy must be manually dug using hand tools. All roots two inches and greater in diameter shall be retained during the process. 7. The portion of driveway proposed beneath the canopies of trees #2 and 9 shall be manually excavated using hand tools. Roots encountered that are two inches and greater in diameter shall be cleanly severed near the soil cut line. The freshly cut root ends shall be immediately wrapped in a plastic sandwich bag that is sealed using a rubber band or electrical tape. 8. All underground pipes and irrigation lines planned for removal beneath the trees' canopies should remain buried and be cut off at existing soil grade. 9. At the start of construction (during the months of May thru October), supplemental water should be provided to trees #2 and 9. I recommend a rate of 10 gallons of water per inch of trunk diameter applied once a month. The water can be effectively supplied by placing soaker hoses on the soil surface beneath the trees' mid-canopy. 10. The removal of understory plants and shrubs beneath the trees' canopies shall be performed manually. Chen Property, 14110 Shadow Oaks Way, Saratoga City of Saratoga Community Development Department Page 2 of 3 ,..~ David L. Babby, Registered Consulting Arborist October 13, 2004 i 11. Trenches for phone and/or cable shall be designed outside from beneath the canopies of retained trees. 12. On Sheet L1.0, items #1 and 7 of the "Tree Protection Notes" shall be superceded by recommendations within this report. 13. On Sheet L1.0, the layout of Pittosporum between trees #3 and 4 should be redesigned so they are at least eight feet from tree #3's trunk. 14. The irrigation design should be reviewed for tree impacts prior to implementation. 15. Trenches for irrigation and lighting should be designed to be at least 12 times the diameter from the trunks of retained trees. If inside this distance, the irrigation lines must be placed on top of existing grade or dug in a radial direction to the trunks, in which case, they must be no closer than five times the diameter of the nearest trunk. Irrigation should not spray beneath the Oak canopies or within five feet from the trunks of all other trees. Irrigation beneath the canopies of Oaks should be a drip type system. 16. Stones, mulch or other landscape features should be at least one-foot from the trunks of retained trees and not be in contact with the trunks of new trees. Installing edging material or tilling beneath canopies should be avoided. 17. Any tree pruning should be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to ISA standards. 18. I recommend one tree of 24-inch box size be installed to mitigate for the removal of tree #1. Acceptable replacement species include Quercus agrifolia, Quercus lobata, Quercus kelloggii, Quercus douglasii, Quercus dumosa, Acer macrophyllum, Aesculus californica, Pseudotsuga menziesii and Sequoia sempervirens. Attachments: Tree Inventory Table Site Map (Copy of Sheet C-1) • • Chen Property, 14110 Shadow Oaks Way, Saratoga Page 3 of 3 City of Saratoga Community Development Department ,:rp, ~; „„ , ~, ~~I~t.:~a~~o~ ~, D f I = ~ c I mTx NO H ~ 2 ° _ mm~ - y" 28 . M~- --- --- - - P.U.E. ARE L ~M c., ~js-9 ~ ~ - ~ ~~~ ~ i ~ _' / _ ma 8105WAL •S.1>< _~- c~T _ '_'- - -f `. /.-, n / Ii ice. V^ ~o ^ 1 ~ % I.._ p~J/ ~ C ,~ ~_ - I- 81 ~ ~~ T = __ ,; r , ~ ;~_ ~ _ - - , - - --- - --- z r--------- ---- ------ /~ I,, I w Am3 - ~ '~- 1 ~ ~ A ~ ~ V ,. S ^ ~ 9y . ~ j e ~ A - a. e ~(; ,.._ h~.e~yy '-~ ,%'~ • ~ C~7 ~ - =-- - : S a ~ ~ ~ ~ H p0 I ~ 31 ~ _ f to R IY I X 9 pg® ~ / C E n I 1 = H ~ ~ !: ~ A - I 11:~ c ~~ 1' Tq .~ O w I II W O I~ ~ .. 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I i i i ~ o "o a ~'I I "~ I r i ii i I it I ~ I I ~i a I I ~~ Q o~ I~ i I :_ i t I I -~ ~~ e a ~ ~ ~ ~aa ~s • • • ~ ~ ~ ~,~ ~7 f~~~ ~ ~ ~~d~~i ~~ ~~~~~~~~ ~ o e .n F ~~~~~~ ~ ~ ~8~~ ~, n a m ~ ~~ ~ o ~~~ ~~~a Z ~ ~~ ~~a~ ego O n ~ a ~ a' V ~~~~~~~~~~ ~~ r r ai Y ai m~C y 0 O 3 ~~ ~~ d 3 ~~~ ~ z ~~~, ~a U $ a w a ~ ~~ o~ ~ ~ ~ 0., '~ ~ _~ ~~~~~ ~ ~- ~- • •- • d t i • Item 2 REPORT TO THE PLANNING COMMISSION Location/Application No.: 14000 Fruitvale Avenue/Application No. OS-099; Application Type: Conditional Use Permit Applicant/Owner: California Farmers' Market Association/West Valley College Staff Planner: Jana Rinaldi, Code Compliance Specialist r Date: April 27, 2005 APN: 397-15-018, 397-14-022, 397-13-030 Department Head:~~~ LC71r~ ~ I ~ '~ 11 \ , d - ~ T ~ ' I ` , '• I it ,J7 } ~',_ t ~'~- ' °~ ~I~'- i ~ ~ ii .~ I ' ~, ~ __ - ~ ' 1 _ . ,\ ~ t Y ,_. _ ~. 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L-Iu[C~ 14000 Fruitvale Avenue ~~®~01 CASE HISTORY Application filed: 03/22/05 Application complete: 04/15/05 Notice published: 04/13/05 Mailing completed: 04/11/05 Posting completed: 04/21/05 PROJECT DATA ZONING: Rl- 40,000 GENERAL PLAN DESIGNATION: CFS -Community Facilities MEASURE G: Not applicable PARCEL SIZE: 36,000 (Parking Lot area used by the Market) AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: Not applicable MATERIALS AND COLORS PROPOSED: Temporary tents, umbrellas and tables ENVIRONMENTAL DETERMINATION: Temporary agricultural trucks sales are categorically exempt from CEQA Guidelines per section 15304. • ~~®©02 Application No. 05-099;14000 Fruitvale Avenue PROJECT DESCRIPTION The applicant is requesting a Conditional Use Permit for a Certified Farmers' Market. Every Saturday morning, approximately 40-65 Certified Producers and Specialty Food Purveyors will bring farm-fresh produce to consumers. The Certified Farmers' Markets Association (hereinafter "CFMA") has an agreement (attached) with West Valley College to lease an area of Parking Lot 3 adjacent to Allendale and Fruitvale Avenue. The Vendors will use temporary stands such as tables to sell their products and use an estimated eighry- seven 10' X 10' stalls. The Market will be open on Saturdays throughout the year from 9:OOam to 1:OOpm. The Market site will have an estimated eighty-seven (87) stalls, CFMA is requesting that the Use Permit allow a maximum of seventy-two (72) vendors. Seventy- two vendors is the maximum that CFMA can accommodate since some vendors will take up to 1 1/z to 2 stalls to sell their product. Vendor occupancy varies throughout the year. During the winter months, estimated occupancy is 25-35 vendors; and during peak summer month's the occupancy is estimated to reach 60-72 vendors. All Local, County and State Regulations regarding Certified Farmers' Markets and Direct Marketing will be followed including the Health Permit from the Santa Clara Environmental Health Department. The Certified Farmers' Market is inspected and regulated by the County Agricultural Commissioner.. Individual vendors are required to display all appropriate certificates necessary during hours of operation. CFMA is requesting a Conditional Use Permit from the Planning Commission to operate this Market at West Valley College. The City Code specifies permitted and conditional uses for all zoning districts. Outdoor markets are not expressly listed as a conditional use for the R-1 zoning districts. However, pursuant to City Code Section 15-05.055(b), the Community Development Director may make the determination through an Administrative Interpretation that certain type of activities (such as a Farmers Market in this case) maybe classified under general category of Conditional Uses specified in City Code Section 15- 12.030. The Community Development Director has classified the Farmers Market use as a Community Facility based on his finding that: (1) The proposed activity closely resembles the listed activities with respect to purpose, type, function and manner of operation in that it is like a Community Facility and is open to the general public. (2) The proposed activity is no more objectionable than the listed activities with respect to the level of noise, traffic, odors, disturbance, glare- and other impacts normally associated with the listed activities in that it is using an existing parking area and will have conditions of approval that will control and minimize the proposed activities. (3) The proposed activity is consistent with the general purposes of this Chapter and the specific purposes of the regulations for the zoning district in which the activity will be conducted in that it is similar to a Community Facility as listed section 15-06.160. C7 v~~~~3 Application No. 05-099;14000 Fruitvale Avenue GENERAL MARKET PROCEDURES A trained Market Manager will be on-site at all times prior to Market set-up through takedown, from 730am to 3:OOpm. The Market Manager is responsible for the safety and concerns of the growers, food purveyors and consumers. At anytime the Market Manager maybe contacted on-site on the Market cell phone. NOISE MANAGEMENT West Valley College and CFMA are aware of nearby neighbors' concerns that the operation of the Market may create unacceptable noise levels. To mitigate these concerns CFMA and West Valley College have agreed to the following conditions: 1. The Market site on Parking Lot 3 will be separated from residents on Allendale Avenue by the existing Bus .Depot and the elevated landscaping area at the corner of Fruitvale and Allendale Avenues. The distance between the nearest residence and the Market will be approximately 350'. 2. Market set-up will commence no earlier than 7:30am. 3. Live or amplified music will not be allowed at the Market. CUSTOMER PARKING The Farmers' Market will provide free parking with over 200 prepaid parking spaces for the Market shoppers. Five stalls for handicap parking are located adjacent to the Market site. The entrances to the Market will be adequately protected for the consumers and demarcated by a series of traffic cones. MARKET REFUSE All growers and food purveyors are responsible for removing all refuse from their stalls and associated customer aisle areas. The on-site Market Manager will place two trash cans within the Market area for consumer use. The Market Manager will remove the waste, typically ~/i garbage bag per can, from the Market site. It is the Market manager's responsibility to deem the Market area clean of debris prior to leaving the site. Restroom facilities will be provided by West Valley College. HOURS OF OPERATION The applicant is proposing the following hours of operation: Saturday: 9:OOam to 1:OOpm, bea nning May 14, 2005. All year around. • ~~~~®~ Application No. 05-099;14000 Fruitvale Avenue Per the agreement with West Valley College, set-up will start no earlier than 7:30am and takedown will occur from 1:OOpm to 3:OOpm. SIGNAGE The applicant is proposing multiple on-site and off-site signs consistent with the type of use. The signs, if placed at the location requested by the applicant, should not interfere with normal pedestrian or vehicle traffic and not constitute a hazard. A copy of the type and description of signs- and proposed location is included with the Use Permit application packet. SURVEY AND CORRESPONDENCE On January 6, 2005 Philip L. Hartlet, President of West Valley College sent a introduction letter to the 130 residents adjacent to the proposed Market site, to inform them of the upcoming activities at West Valley College. Part of this letter included information and a survey about the proposed Farmers' Market. Out of the 1301etters/survey sent, 46 residents responded with only 2 negative reactions to the proposed Market. Copies of the January 6, 20051etter and survey responses are included with the Use Permit application packet. A letter dated January 20, 2005 from a concerned Saratoga resident is attached. Although this letter does not support the Farmers' Market, the main focus deals with complaints about the Shuttle buses from the Villa Montalvo events. Staff has talked to this person and advised them of this hearing. FIRE AND SAFETY The Saratoga Fire Department and the Santa Clara Sheriff's Department have been notified of this Use Permit Application. Both agencies have submitted approval letters. CONCLUSION Staff has determined 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 Saratoga Farmers' Market meets the objective 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 will be mutually beneficial to the surrounding uses, and will be conveniently located to provide a service beneficial to the residents of Saratoga; and • The proposed Saratoga Farmers' Market will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimise potential impacts; and ~~~®®~ Application No. 05-099;14000 Fruitvale Avenue • The proposed Saratoga Farmers' Market will comply with all other applicable provisions of the Saratoga City Code. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the Resolution attached to this staff report. ATTACHMENTS 1. Resolution of Approval 2. Notice, Noticing Affidavit and Noticing Labels 3. Application packet 4. Map 5. Letter dated January 6, 2005 6. Letter dated January 20, 2005 7. Contract between the California Certified Farmers' Market Association and West Valley College • ~~®®®~ Attachment 1 • ~~~®~ Application No. 05-099;14000 Fruirvale Avenue RESOLUTION NO. ~: Application No. 05-Q99 i CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA CONDITIONAL USE PERMIT FOR A CALIFORNIA CERTIFIED FARMERS' MARKETS ASSOCIATION, SARATOGA FARMERS' MARKET 14000 FRUITVALE AVENUE WEST VALLEY COLLEGE WHEREAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit to allow the establishment of Saratoga Farmers' Market at West Valley College on Saturdays year around, commencing on May 14, 2005; 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 Planrlin Commission finds the ro osed project allowing fora g P P Certified Farmers' Market is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15304, "Temporary agricultural truck sales"; 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 Saratoga Farmers' Market meets the objective 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 will be mutually beneficial to the surrounding uses, and will be conveniently located to provide a service beneficial to the residents of Saratoga; and • The proposed Saratoga Farmers' Market will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impacts; and • The proposed Saratoga Farmers' Market will comply with all other applicable provisions of the Saratoga City Code. • v~~~~~ Application No. 05-099;14000 Fruitvale Avenue WHEREAS, the Planning Commission finds that all of the findings required within Section 15-05.055(b) of the Ciry Code can be made in the affirmative in that: • The proposed activity closely resembles the fisted activities with respect to purpose, type, function and manner of operation in that it is like a Community Facility and is open to the general public. The proposed activity is no more objectionable than the listed activities with respect to the level of noise, traffic, odors, disturbance, glare and other impacts normally associated with the listed activities in that it is using an existing parking area and will have conditions of approval that will control and minimize the proposed activities. • The proposed activity is consistent with the general purposes of this Chapter and the specific purposes of the regulations for the zoning district in which the activity will be conducted in that it is similar to a Community Facility as listed section 15-06.160. Now, THEREFORE, the Planning Commission of the Ciry of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan and other exhibits submitted in connection with this matter, the application 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. The Saratoga Farmers' Market shall operate as represented on the Use Permit application with a maximum of seventy-two (72) vendors on site. 3. Any intensification of this use shall require an amended Conditional Use Permit. 4. The operating hours of the Saratoga Farmers' Market includes set-up activities no earlier than 7:30am and clean-up activities no later than 3:OOpm. At no time shall vendors arrive on the property of West Valley College located at 14000 Fruitvale Avenue, Saratoga, California, 95070 earlier than 7:30am. Site clean-up shall be completed by 3:OOpm. The California Certified Farmers' Markets Association is required to provide a site manager responsible for vendor compliance of the with the conditions of the Use Permit approval and all other applicable regulations. 5. On or before April ls` of each subsequent year, the applicant is required to provide the City of Saratoga Community Development Department copies of the County of -~~®~~-~ Application No. OS-099;14000 Fruitvale Avenue Santa Clara Environmental Health Permit, and clearance letters from the Fire District and County Sheriff's Department. 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. Live or amplified music is inconsistent with the stated agricultural nature of the Saratoga Farmers' Market and is prohibited. CITY ATTORNEY 8. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of City in connection 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. 9. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit and shall constitute grounds for the revocation of the Conditional Use Permit. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga Ciry Code, this Resolution shall become effective ten (10) days from the date of adoption. • ~~~®~® Application No. 05-099;14000 Ftvitvale Avenue PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of Apri12005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • ®~~.1. • Attachment 2 • ~~~Q~~ City of Saratoga I` Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 27`h day of Apri12005, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, Monday through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the planner noted below. APPLICATION #05-099 (397-15-018) California Farmers' Markets Association, 14000 Fruitvale Avenue: -Request approval for a Conditional Use Permit allowing the California Farmers' Markets Association to hold a Farmers' Market in the parking lot area of West Valley College, Saturdays year round. All interested persons may appear .and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only. those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The 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. Jana Rinaldi Code Compliance Specialist Email: jrinaldi@saratoga.ca.us Phone: (408) 868-1214 ,~~®®~~ AFFIDAVIT OF MAILING NOTICES • STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Jana Rinaldi, 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 11`h, day of April, 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to- wit: (See list attached hereto and made part hereof) id ersons are the owners of said ro er who are entitled to a Notice of Hearing that sa p p p ty pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. f~~~~ Signed • ~~~Q~.~ • Attachment 3 CALIFO F RS' MARKET S ASSOCIATIONS 3000 Citrus Circle, Walnut Creek, CA 94598 (925)465-4690 FAX (925)465-4693 March 22, 2005 John Livingstone Interim Director of Planning City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Conditional Use Permit for the Saratoga Certified Farmers' Market... West Valley College Dear Mr. Livingstone: I have attached 3 copies of the application for the conditional use permit for the Saratoga Certified Farmers' Market at the West Valley College. On March 17, 2005 the West Valley-Mission Community College District Board of Trustees approved the use of the West Valley College parking lot by the California Farmers' Markets Association for the Saratoga Certified Farmers' Market. We have been working with Dr. Philip Hartley, President of West Valley College for nearly 5 months to secure this site for the Saratoga Community. Dr. Hartley has been very thorough in his research and planning concerning this issue by surveying 130 residences adjacent to the proposed market site. All but 2 of the 46 respondents supported the move to the college. It is clear that the market is ready to go to college. Because the wheels of change have moved a bit slower than anticipated we are now on a tight schedule to meet our West Valley College opening date of May 14, 2005. Our contract with Saratoga High School ends on May 18, 2005. It is our request to have this item appear before the Planning Commission on April 13, 2005. Should there be an appeal and it goes to Council we could still make the May 14th opening. Please let me know if there is anything I could do to help make this process go any smoother for your department. President Attachments: Conditional Use Permit Application Site maps Operational Procedures Project Descriptior. Site Description Traffic A-Frame sign maps Check #7284 • ,~Q~~ A non profit grower organization O erational Procedures P Saratoga Certified Farmers' Market West Valley College General Market Procedures A trained market manager will be on-site at all times prior to market set-up through takedown, approximately 6:45am to 2:30pm. The market manager is responsible for the safety and concerns of the growers, food purveyors and consumers. At any time the market manager may be contacted on-site on the market cell phone. Farmers' stalls will consist mostly of 10"pop-up tents, umbrellas and tables. An information booth will be the on-site "office" for the market during its operation. The market is regulated and inspected by the Santa Clara County Agricultural and Environmental Health departments. Restrooms for the farmers and food purveyors will be provided by West Valley College. Noise Management The West. Valley College and the Saratoga Certified Farmers' Market are aware of nearby neighbors' concerns that the operation of the market may create unacceptable noise levels. To mitigate these concerns. the Market and West Valley College have agreed to the following conditions: The market site on parking lot 3 will be separated from residents on Allendale Avenue by the Bus Depot and the elevated Landscaping area at the corner of Fruitvale Avenue and Allendale Avenue. The . distance between the nearest residence and the market will be approximately 3 50' . 2. Market set-up will commence no earlier than 7:30am. 3. Amplified music will not be allowed at the market. Customer parking The farmers' market will provide free parking with over 200 prepaid parking spaces for its market shoppers. Five stalls for handicap parking are located adjacent to the market site. ~~~~~~~ Mkt. Procedures Page 2 Market Refuse All growers and food purveyors are responsible for removing all refuse from their stalls and associated customer aisle areas. The on-site market manager will place two trash cans within the market area for consumer use. The market manager will remove this waste, typically '/2 garbage bag per can, from the market site. Before the market manager leaves the site it must be deemed clear of market debris. Consumers/Protection from parking lot traffic The entrances to the market will be adequately protected and demarcated by a series of 18" traffic cones. Fire and Safety The Saratoga Fire Department and the Santa Clara Sheriff's Department have been notified of this permit request and will submit their responses to the Saratoga Planning department. • PROJECT DESCRIPTION ~'~ THE WEST VALLEY COLLEGE, SARATOGA CERTIFIED FARMERS' MARKET WHAT: A Certified Farmers' Market is a location certified by the County Agricultural Commissioner, where consumers purchase fresh fruit, nuts and vegetables direct from local Certified Producers. The Certified Farmers' Market program is developed and regulated by the California Department of Food and Agriculture to bring farm produce directly to the consumer. The Agricultural Commissioner assures that producers grow the produce they sell. Only California products may be sold. No reselling is allowed at a California Certified Farmers' Market. The California Farmers' Markets Association will operate the West Valley College, Saratoga Certified Farmers' Market, anon-profit association of 11 markets with 300 participating farmers and food purveyors. WHERE: West Valley College, Saratoga WHEN: Saturdays, Year Round, gam -fpm, beginning Saturday, May 14~', 2005. WHY: To provide the nearby community access to the vine/tree-ripened fruit and vegetables direct from local certified growers. HOW: 40-65 Certified Producers and Specialty Food Purveyors will bring their farm-fresh produce to consumers. The Certified Producers will use temporary stands such as tables to sell their products and use an estimated eighty 10 X 10 stalls from 7:30am to 2:30pm on Saturdays, beginning May 14th, 2005. All local, county and state regulations regarding Certified Farmers' Markets and Direct Marketing will be followed including a Health Permit from the Santa Clara Environmental Health Department. The Certified Farmers' Market is inspected and regulated by the County Agricultural Commissioner. Individual Producers display all appropriate certificates necessary during hours of operation. They will be responsible for maintaining the cleanliness of their stalls and the surrounding Certified Farmers' Market common area. The Farmers' Market Manager is on site each market day to insure proper procedures. are being followed. ti ' `~Q`~~ WEST VALLEY COLLEGE, SARATOGA CERTIFIED FARMERS' MARKET SITE INFORMATION APPLICANT: LOCATION OF EVENT: DESCRIPTION: EST. ATTENDANCE: Saratoga Farmers' Market presented in affiliation with California Farmers' Markets Association West Valley College, 14000 Fruitvale Avenue, Saratoga The Farmers' Market will operate 4 hours one day a week, year round, beginning May 14`'', 2005. Approximately 800-2,000 on a weekly basis over 4 hours. PROJECT REP: Doug Hayden, Director; California Farmers' Markets Association. 800-806-3276 925-858-6117 (cell phone). TYPE OF USE: Temporary agricultural sales, regulated by the United States Department of Agriculture, California State and Santa Clara County Department of Agriculture. BUILDING AREA: SITE AREA: NUMBER OF STALLS: ENVIRONMENTAL ASSESSMENT: RESTROOMS: INSURANCE: Temporary canopies, umbrellas and tables in parking lot. Parking lot 3, West Valley College Approximately 50 to 80 stalls varying upon the season Temporary agricultural truck sales are categorically exempt from CEQA Guidelines per section 15304. Access to hand washing and restroom facilities is required for Growers as outlined in the Food Facilities Health Code. CFMA will provide all applicable insurance. FIRE/HEALTH PERMITS: CFMA will acquire all necessary Fire and Health permits. CLEANING: CFMA will leave the event site clear of waste and remove all market trash. • • APR-07-2005 12:52 PM CA FARMERS MKT ASSOC • WAYDEN,DOUG 925 465 4692 P. 02 ENVI~~~taNMENTAL NEALTFI PERMIT PERMIT HOLDER IS RESPONSIBLE FOR THIS PERMIT: Renew on or before expiration date, If Permit Holder does not receive renewal notice present this Permit to the address below on or before the expiration date, Late payments are assessed a 25% penalty. CALIFORNIA FARMi=RS MARKET AS`;O 830 NAVARONNE WY CONCORD, CA 94618 PERMIT YS NOT TRANSFERABLE & MAY BE REVOKED FOR CAUSE. Permit is void on change of owner. Mew owner must apply and pay for permit (s) p~j,Qt to operation or penalties will be assessed at 25%. l.~ ------~-------- -~-- --~--- ~ 5~-NTA CLAKA C:UUN7'Y-DtPHl4'fMEN'i (~1= ENVfFiCJNMcN'I'AL HEALTH 1555 BERGER DR pLt)C3. 2; SUITE 300, SAN JOSE, CA 9b1122716 1 408-918-3400 ENVIFZONMENTAL HEALTH PERMIT REGULATED FACILITY : CF.4RM MKT-SARATOGA Facility ID: FA0240439 HERRIMAN AV Account ID: AR1241290 SARA70GA, CA 95070 Issued: 7/30/2004 OWNER NAME : CALIFORNIA FARMERS MARKET AS80 aermi~# PT0440536 1401 -CERTIFIED PARII~iERS' MARKET Proerem ~ PR0340548 CFARM MKT-SARATOG,a Valid From 9/1/2004 to d/:31/2005 Ben Gale, pirectar of Environmental Healtf~ C!SpLAY IN PUBLIC VIEW ~i 8001.tp1 1.C.1.03.00 ~ K O~Q ~ r ~~ • Doug Hayden California Farmers' Markets Association 3000 Citrus Circle Walnut Creek, CA 94598 Fire Department Clearance for Use Permit March 29, 2005 I have received and reviewed the information you sent on the Farmers' Market event to be held at the West Valley College. This document becomes the letter of approval and is part of the Use Permit to be issued by the City of Saratoga. These are the conditions as required by Saratoga Fire District: 1. The location, date and times of the Farmers' Market are acceptable. 2. There shall be site maps showing evacuation routes from within the site. Recommended locations for-these evacuation maps. are at the end of each aisle and centrally located in each aisle. The purpose is to show dispersal areas for the crowd to go during an emergency. The dispersal areas can be the open areas adjacent to the market and the parking lots adjacent to the market. 3. The fire access lanes around the market shall be kept clear of any obstructions and no encroachment or parking is allowed. Participants can use the access lanes for travel to and from the parking lots and safe dispersal areas but not to congregate. 4. Portable fire extinguishers for this event are required in accordance with California Code of Regulations (CCR) Title 19. (CFC 3208) Based on the size and type of activities involved, there shall be a minimum class 2A extinguisher for every 6,000 square feet of market. Maximum travel distance to an extinguisher is 75 feet. If there is any cooking other than food warming, there shall be a minimunm class l OB extinguisher every 30 feet or at each booth containing cooking appliances that are greater than 30 feet apart. If any cooking operations use cooking grease, combustible cooking media such as vegetable or animal oils and fats, or produce grease laden vapors then the requirement is a minimum class 40B or class K extinguisher every 30 feet or at each booth containing cooking appliances that are greater than 30 feet apart. Additionally, any booth involved with cooking grease (such as deep frying) shall be a minimum of 20 feet from any other booth. (CFC 3216.3.3) This event shall be subject to site visits by the Saratoga Fire District. Any condition or situation deemed unsafe by the District shall be corrected or cease and the Saratoga Community Development Department shall be notified. This letter becomes part of the approval package and a copy shall be kept on site during all events and shall be presented upon demand. Any questions can be directed to me at 408-867-9001, extension 304. Hal Netter, Fire Prevention Inspector cc: Steve Prosser, Public Safety Office, City of Saratoga ~I.YCY' r~~ County of Santa Clara Office of the Sheriff 55 Vvest l2nu~ er .~~•enue Z; San Jose, California 951 1 O- 172 I (4081 80&900 Laurie Smith Sheriff March 30, 2005 City of Saratoga Community Development Attention: Assistant Director Kristin Borel 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Saratoga Certified Farmers' Market Use Permit Location: West Valley College, 14000 Fruitvale Avenue, Saratoga Date/Time: Every Saturday/9:00 a.m. to 1:00 p.m. Contact: Doug Hayden, President California Farmer's Market Association Saratoga Community Development: The Sheriffs Office has no objections with granting a Use Permit for the Saratoga Farmers' Market. I request the permit reserve the right to review or revoke the permit regarding any traffic, law enforcement, or public safety concern. If you have any questions, please contact Sergeant Don Ray at (408) 868-6600. Sincerely, LAURIE SMITH, Sheriff By: i ; John Hirokawa, Captain West Valley Patrol Division 1601 S. De Anza Blvd, Suite 148 Cupertino, CA 95014 ~i~~~~ D 6 o0B 0 ~I N r. aue~ a~ea,L;o7 ~ut~aed O O O O sauna ~~{~ ~ O O O O uoa a~e~~ ,.SI d c ~ y ~ U s ar ~ ~ F ~ m U _y L N C~ w a y- r%~ _ L CC w 0 U O ;, e u O u O • .~ c 0 U t A F ao c~ a N N y U Q ~ ;e 0 Q u v O O RS on c x ~, ro a a _U 'Lf C cd ~." J. anuand a~en.;mag .I • • ~~~~~® alsTy ia~uo~sn~ I I s~l~;S iauue~ Allendale &Fruitvale i `,\ ~ ~ ~ ~~ ,~~- ~o { ~~~, ~ ~- ~I~l \~ ~z ~. ` ~ ' f' LfY ,~i.''.i } '' f i Fruitvale & Allendale Saratoga Avenue &Fruitvale Big Basin Way & 76 Gas Station Main Entrance on Fruitvale Redwood Junior High~,~~~~ Map24 atoga Yage 1 of 1 www.map24.com • • ~- ~~9 ~~ ~ v UI ~ ~ -~ ~L ;. 3 ~ i ~ / • t~++,,.//,,,,,,,,,.,o ,,,o„7d rnm/cnnrra/r,rint/v7 n n/nnt r,nrtal nrint_nhn 4/12/2OOJ Redwood Junior High ;~ Page 1 of 1 ,~ _~~ t~~ ~ ~' ` ~~ .~ n 2 5 m m _ ] ~ F S . ` r . - -~.Ci ~ ._ -- ...... r.r -}•' • • ~~~~~~ hrrn•/lunx~u iic man7~..~nml~nnrcelnrint/v2.~_(~/cnt n~rtai nrint.nhn 4/12.~20Q5 • Attachment 4 • i ~ - a, i O ~ c ~ Y Q cU") t0 S ,CJ!) ~ t0 N lD t"] (V ~ I f .~• ~.^I 1. LL ~ < ~ . o N E ~ ~ ~_ c - o - ~ ' ~ ~ i _ o ~ = 3l~Hl~ 393110 H1f10S G aCi N (-) H C- Q N d C = U to L `p T .Z Z rl - C _ ~ O L ~ O d ~ ___ o - _ ~ ~ a a (n (n ti ~ ~ ~ 3 a Z Z- 01 - ~ F~ Y +- z a ~ ® ~ C c t ~. ~! ~ m'r', ~ ~ a ~ N in ~ ~ ~ ~ 3 fC J c W J J I 1 Y~ aY ~ fl v ^ ... w D O LL ~~~~ m m ~~ O CU, C7 ` ~.Q - m V I o ~ _ ~ am ~a .~ ~ 4 V ` ~ m 0 ~ ~r. E i~ ~ - _ O ~.~ Oi L d LL' t ~_¢ ~o - ~ o~ E V N a c o a ¢.U J' , U~¢ ¢ c ¢` < ¢` m m m U U U U U v o LL c.~ ~ ~ = LL ~ li W ! o C p oC ~ Y~ U S to oC O O LL O ~I ;~ ~. m y :~ X16, ' . J ~ ~ / ~••i a 4~ AdM S91131H111 m `~ ~ c (1~ L I V. ~ . I J/( ~ ~ a~ W y ~ ~ 'i~ ~ n C C Q Y ' I '~ ~ 6u~jaed ~_ ~ ~~ ~ ~ ~=~o}js~ ~ ~~ ~'' ''` ~ ~ ~ ~ AdM SNOISSIWOV ~~'~ r i r ~~ ~ W ~ Q ti' ~ _..~ o, c~ ~ °~..' i ~..i • ~ is J C c~ ~W - - ~ ~ _ W ~ i O ..d bl ~ ® ` - ~~ Q ~ p J 6, ~~ .~ ~ !i~ J Y 1 -- ~ HIdM H1~ON W ~ --- - iii a I 39NdH1N3 NIdW V - Jll : ~ '_ ~: ~' J M a / ~ ' ~ --- C ~ ~ = m J 5 3lOFl19 3931109 H1HON a r I a `./ ~ i Q I ~ ~+ ~ ..tJ W ! _ ~ ~a I W ~ f° ~ I 4. i ~ y I m (A Q c~ I 3 Y p w I c o i ` a J = , 3f1N~11d 3ldON3lld I - J a ~ N M ct' lS7 ~ CG i ti OO ~ I • Attachment 5 • Deaz Neighbor: January 6, 2005 The purpose of this communication is to inform you about upcoming activities at West Valley College that may be of special interest to you because of your proximity to the college campus. But first let me introduce myself since I have just completed my first semester at West Valley College as its new President. I am a native Californian with over 32 years experience as a college administrator and instructor and I am pleased to be part of the community served by the College. I have had the pleasure of meeting some of you in person, and I am in debt to many more of you for your support of our successful bond measure (Measure H) in the November election. With the passage of Measure H, West Valley College will undertake a dozen building projects over the next 5-7 yeazs. Only two of these projects involve construction of new buildings. The other projects will involve repair, refiubishment and modernization of existing buildings. It is my intention to keep you informed about these projects and to invite you to express any concerns that may arise as these projects progress. The two new construction projects include a 20,000 square foot Technology Center that will provide high tech classroom space for a variety of disciplines. This Center will be built in the center of the campus between the current administration building and the creek that cuts a diagonal path across the campus. Therefore, most of the construction, dust, noise and activity involving this project will be interior to the campus although I assume there will be a construction staging area closer to the perimeter. We will control construction times, staging and activities to minimize impact on our own daily functions as well as neighbors. The architectural fum selected for this project is The Steinberg Group. The second construction project is a 6,000 square foot, single story extension of our existing science building. The location of this project is on the northern side of the campus attached to the northeast wing of the existing building. The azchitect for this building will be Kruger Bensen Ziemer Architects, Inc. The optimistic date for groundbreaking on these two new buildings is October 2006. It is our plan to create a website open to the public that will have a weekly update on construction plans and activities so you can be informed in a timely manner. When possible, tours of the construction. sites will be scheduled. As our direct neighbors we feel you deserve this consideration. The other refurbishment and renovation projects will be largely confined to the interior of existing buildings. There will be some amount of trenching in the interior of campus to "r'1: WEST VALLEY COLLEGE 14000 Fruitvale Avenue • Saratoga, California 95070-5698 • 408.867.2200 • www.westvalley.edu The other refurbishment and renovation projects will be largely confined to the interior of existing buildings. There will be some amount of trenching in the interior of campus to provide utilities to the new building as well as upgrades to current infrastructure possibly beginning July 2005. It may be necessary to bring a few relocatable buildings onto campus to house classes for a short period (i.e. 4-6 months) while buildings are being remodeled. As always we will insure that all health and safety codes are followed and that our beautiful natural environment is protected. That is about what we know at present. I will keep you informed as our timetable becomes more detailed and definite. On another subject............ You may have read in the Sazatoga News that the Farmers Market held on Saturdays in Sazatoga at Sazatoga High School will no longer be able to operate at that site after May 2005. The Saratoga Farmer's Makket is a State of California certified market which means that all foods sold must be grown or produced by the vendors themselves. Since many people in Saratoga appreciate this enterprise, the Farmer's Market has made a formal proposal to West Valley College to hold the market every Saturday morning on our campus. There is no net revenue to the College for allowing this activity; however the College might be willing to provide the space as a public service if our community was in support. If we were to respond favorably to the proposal we would require: • The Makket to be located in our parking lot located on Fruitvale Avenue directly across from Redwood Middle School. • Strict hours of operation (i.e. 8:00 AM -12:00 noon, Saturdays only). • College staff to supervise. But before I respond to this proposal I would like to know your opinion, pro, con or neutral. Therefore I am enclosing a stamped, self-addressed cazd for your use to let me know what you think. If you would prefer you may email me at philip_hartley@westvalley.edu. Well, thank you very much for your attention and response. West Valley College ranks as one of the most beautiful community college campuses in the state and provides quality programs and opportunities to match. The capital investment we make during the next few years will help preserve this fine institution for decades to come. Sincerely, Philip L. Hartley, Ph.D. President • • • Farmers Market.xls '~ Farmers Market Residential Survey -- 2005 response Number Name - Address Yes- No 20 Charles Poe 48 Ann Bhandarkar 111 Glenda Rossie Teresa and 61 Simon Zarrin 56 Sherri Pollack 4 Allen Lienwand Robert & Ilda 112 Roberts 69 Bernice Schelble 63 Bromage Mary 93 Ted Suyeyasu 3 Henry Jr. Krous Maryann 89 Anenson Cheryl & Lonnie 14 Smith Michael & Judy 96 Bruno Yman & Cryril 40 Tang Robert & Yvette 79 Lee 38 65 Wyman 88 X Stephen Rowe X Atul Bhatnagar ,Kimberly X England X Rhoda Freiman 23 Ann Suyeyasu 68 Jack Vance 34 Oscar Falconi Barry & Mary 109 Cohen 14128 Short Hill CT Yes.: 19336 Harliegh Drive Yes' 19607 Kenosha Ct Yes 13751 Harliegh Drive NO, 13755 Richelieu Ct Yes" 19050 Camino Barco Yes 14169 Okanogan DrivE Yes 19358 Athos Place Yes 13740 Harliegh Ct Yes' 19152 Camino Barco ' Yes 14183 Chester Ave Yes 14052 Short Hill Yes' 14363 Chester Ave Yes 14072 Okanogan Dr Yes 19127 Allendale Ave 'NO 13864 Yerba Ave NO Yes. 19096 Harliegh Drive Yes Yes 19171 Allendale Ave Yes 19193 Allendale Ave Yes All endale Ave Yes Yes Yes .Yes NO Yes Yes 24 Carl & Gail Jones 19155 Camino Barco 57 K. Ramesh Babu Channi 87 Sabharwal Kathy and Harry 87 Shehtanian 74 David Careek Yes 13929 Camino Barco Yes 14168 Okanogan Drive 1'es 19339 Harleigh Dr. Yes_ C~~p~( Farmers Market.xls Comment's- Parking Concern Thank you for the updates Would not have a problem if market was open after 12:00 Glad of relocation Both strongly agree Parking Concern Noise and early setup/ personal issues Greta Idea/Heartily support with this community by our neiborhood Lets create a Win Win solution All of Allendale is in agreement to have all traffic moved to Fruitvale Move to Fruitvale Ave Move to fruitvale Ave No nothing allowed on campus? Please move to Fruitvale, Make it clear to the public by suppling a Noise pollution in the evening Great Idea!!!! Please be strict about the hours Delighted Delighted ..:t ~' ~~ Page 1 Farmers Market.xls 41 Ed Buckly 19149 Allendale Ave. Yes Total Response Total Yes 29 33 =No ,; 3 Nutural 1' Please on Fruitvale side • ...~ ~C~~C~c~_.C_~~ t-~--.--- ~ a ~~ ~ APR =1 ~ 22004 ~. f.-_ Le ::.• 1~ 1 'fit - 6~P~'( • Farmers Market.xls ~s~~ ~~ ~_J Attachment 6 • +~~~~~. Kathleen King Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor King, a~~~~\ ~!` o G~~rJ~ ~~ ~~ .~ }~ January 20, 2005 It is a bad idea to add this farmers market on the West Valley College campus. I believe that Villa Montalvo shuttle bus services were previously located in the very spot where it is now proposed to put the farmers market. For several years, the shuttle bus services has been moved to the area facing Allendale Avenue. Since then, fow nights a week in the lovely summer time, ow section of Allendale Avneue becomes one of the noisiest spots in the Bay Area, and the streams of shuttle buses keep going until 11:20 p.m. In front of my house, the shuttle buses stop to turn left onto Allendale. Each bus seems to be trying to speed up to make in 10 seconds from 0 to 40 miles an hoot. You can imagine how much noise they generate. We have to change ow bed time to accommodate this situation. I believe Allendale Avenue is classified as a semi-busy street and not for business activities. ] think the shuttle buses, making so much noise, should not be allowed to run until almost mid- night in this neighborhood for four nights a week all summer. May_I suggest to relocate the shuttle bus services back to the original area facing Fruitvale? I have two questions: 1. Is there a noise level control ordinance in the City? 2. How could the shuttle bus services, a noisier activity than a commercial theater, be allowed each summer in front of ow house? - - We highly appreciate your help. Sincerely,. Cheng Kwang Tsai Resident 19225 Allendale Avenue Saratoga, CA 95070 • • • ~~~~~~~ Attachment 7 ~~~~~e~ PROPOSED AGREEMENT WEST VALLEY COLLEGE, SARATOGA CERTIFIED FARMERS' MARI~T This Agreement (hereinafter "Agreement") is made and entered into as of m , 2005 by and between the West Valley-Mission Community College District for West alley College (hereinafter "West Valley College"), and the California Farmers' Markets Association (hereinafter "CFMA"),anon profit mutual benefit corporation, for the provision of management and operation of the Saratoga Certified Fanners' Market to be held at West Valley College. BACKGROUND CALIFORNIA FARMERS' MARKETS ASSOCIATION California Farmers' Markets Association, a California Non Profit Mutual Benefit Corporation, dedicated to the concept "Fresh from the Farm", operates Certified Farmers' Markets in the Greater San Francisco Bay Area. With participation of over 300 farms. and producers throughout California and the combined staff experience of over 50 years in developing and operating Certified Farmers' Markets, CFMA is able to successfully integrate Certified Farmers' Markets '~ into cities by implementing unique marketing strategies that produce optimal visits of both producers and consumers with cost efficiency while providing education about nutrition, issues facing California family farms and food security. WITNESSE'I'H WHEREAS, the 10 year old Saratoga Farmers' Market, a popular community event, wishes to relocate from the Saratoga High School; and WHEREAS,. the WEST VALLEY COLLEGE maintains otherwise idle public facilities which could accommodate a Certified Farmers' Market for the benefit of the Community; and WHEREAS, the CFMA has the experience and expertise in operating, marketing and managing certified farmers' markets and maintains in-house talent and resources to accomplish the tasks necessary to successfully operate the SARATOGA Certified Farmers' Market; and WHEREAS, the Saratoga Certified Farmers' Market has the necessary resources and funds to cover the expenses and costs of operating the market; and • ~~0~~~ THEREFORE; the CFMA and WEST VALLEY COLLEGE agree as follows: 1. USE PERMIT. CFMA holds a Use Permit.in the,City of Saratoga allowing for the operation of the Certified Farmers'. Market subject to certain conditions. 2. RIGHT TO ENTER. Permission is hereby granted to use and utilize for a Certified Farmers' Market, hereinafter the "permitted area", on the campus parking lot of WEST VALLEY COLLEGE, see site plan attached, between the hours of 7:30am and 3:OOpm, Saturdays, Year Round beginning, Saturday, May 14`x, 2005. The market will be open from 9:OOam to 1:OOpm. CFMA will supervise the set-up of vendor stalls between the hours of 7:30am and 9:OOam and take-down~between 1:OOpm and 3:OOpm. Farmers' market vendor vehicles will not be allowed to enter the permitted area prior to 7:30am. CFMA shall keep and maintain the permitted area free and clear of any and all trash, refuse, garbage debris or litter arising from or incidental to its use of the property as permitted hereby. CFMA shall not commit, suffer or permit any waste on the permitted area. 3. SCOPE OF SERVICES. CFMA shall organize, operate, maintain and manage the Saratoga Certified Farmers' Mazket at West Valley College (as such term is defined in Section 27512 of the California Health and Safety Code/Article 6.5,-Title 3 of the California Administrative Code). ' The WEST VALLEY COLLEGE Certified- Farmers' Market will be held on Saturdays, Year Round beginning May 14~', 2005 at the location and during hours of operation as approved. The duties and services to be performed by the CFMA are specified in the SCOPE OF SERVICES attached hereto as Exhibit 1. 5. INDEMNIFICATION AND INSURANCE. CFMA shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CFMA, its agents, representatives, members; employees or subcontractors. CFMA shall indemnify and hold WEST VALLEY COLLEGE harmless against all claims, demands, causes of action and liabilities of every kind and nature arising out of or in connection with the Farmers' Market.operationspedormed pursuant to this agreement. This indemnity shall apply regardless of any active and/or passive negligent act or omission of WEST VALLEY COLLEGE. The Farmers' Mazket shall not be obligated to indemnify any parry for claims arising from the sole negligence or willfi~l.misconduct of WEST VALLEY COLLEGE, their agents or employees. The indemnify set forth in this Section shall not be limited by insurance requirements (described herein) or by any other provision of this Agreement. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Comprehensive General Liability Insurance. 2. Insurance covering Automobile Liability, code 1 "any auto" and endorsement CA- 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Agreement -March 10, 2005 2 ~~~~~~ (b) Minimum Limits of Insurance. CFMA shall maintain limits-no less than: 1. General Liability: $3,000;000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other. form with a general. aggregate-limit is used; either the general aggregate limit shall apply separately~to this project/location or the general aggregate limit shall be twice the required. occurrence limit. 2. Automobile Liability:, -$3,000,000. combined single limit per accident for bodily injury and property damage. - 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor code of the State of California and Employers Liability limits of $3,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by-the WEST VALLEY COLLEGE. At the option of the WEST VALLEY COLLEGE, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the WEST VALLEY COLLEGE, its officers, officials and employees: (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: a. The WEST VALLEY COLLEGE, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by, under the control of, or on behalf of the CFMA; products and completed operations of the CFMA occupied or used by the CFMA, or automobiles owned, leased, hired or borrowed by the CFMA. The coverage shall contain no special limitations on the scope of the protection afforded to the WEST VALLEY COLLEGE, its officers, officials, employees or volunteers. b. The CFMA's insurance coverage shall be primary insurance as respects the WEST VALLEY COLLEGE, its officers, officials, -employees and volunteers. Any insurance_or self-insurance maintained by the WEST VALLEY COLLEGE, its officers, officials, employees or volunteers shall be excess of the CF1vIA's insurance and shall not.contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the WEST VALLEY COLLEGE, its officers, officials, employees or volunteers. d. The CFMA's insurance shall apply separately to each insured against whom claim is made or suit is brought; except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. Agreement -March 10, 2005 ~~~~~~ 'I The insurer shall agree to waive all rights of subrogation against the WEST VALLEY COLLEGE,. its officers, employees. and volunteers for losses arising from work performed by the CFMA at the WEST VALLEY COLLEGE. . 3. -All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits-except after thirty (30) days' prior written notice by certified mail; return receipt requested, has been given to the WEST VALLEY COLLEGE. " (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. CFMA shall furnish WEST VALLEY COLLEGE with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certif cafes and endorsements are to be received and approved by the WEST VALLEY COLLEGE prior to December 18th, 2004. The WEST VALLEY COLLEGE reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CFMA shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages-for subcontractors shall be subject to all of the requirements stated herein. (h) The WEST'VALLEY COLLEGE-may approve a variation in those insurance requirements.upon adetermination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the WEST VALLEY COLLEGE's interests are otherwise fully protected. 6. INDEPENDENT CONTRACTOR STATi1S. It is understood CFMA is not acting hereunder in any manner as an employee, agent or representative of the WEST. VALLEY COLLEGE, but solely under this Agreement as an independent contractor with no connection to the members or employees of the WEST VALLEY COLLEGE, or their known relatives. The WEST VALLEY COLLEGE shall not, under any circumstances, be liable to CFMA or any person or persons acting for any such liability arising by virtue of negligence or intentional acts by the WEST VALLEY COLLEGE, its officers, members, agents or employees. 7. DESIGNATION OF PRIMARY PROVIDER OF SERVICES. This agreement contemplates the services of the CFMA. The CFMA may seek expertise and- assistance from firms, organizations, or associations to accomplish and/or ensure the successful operation and management of the Certified Farmers' Market. Agreement -March 10, 2005 4 ~~~~~~ 8, LICENSES AND CERTIFICATES. CFMA shall at all times observe and obey all- applicable ordinances, resolutions, rules and regulations of the West •Valley-Mission Community College District; City,County, State and Federal law and shall obtain and maintain all necessary permits, certificates, and licenses required to operate a Certified Farmers' Market at the West Valley College. CFMA shall ensure that all participating farmers, producers, entertainers and. vendors obtain and maintain all necessary permits, certificates, and licenses required pursuant to the Certified Farmers' Market regulations, local City, County, State and Federal laws. 9. PRODUCT -MIX. CFMA shall. establish a product mix of fiuits, nuts, vegetables, and non- agricultural products in the Certified Farmers' Market that will-ensure maximum selection and minimize over-duplication. 10. NONDISCRIMINATION. CFMA agrees that no person shall, on the basis of race, color, religion, ancestry, national origin, sex, age, medical condition or physically handicapping condition; pursuant to California Government Code Section 12990, be excluded from participation in, be denied the benefits of, or be subjected to discrimination at the Farmers' Market or in the process of managing or operating the Farmers' Market. 11. TERM. The term of the Agreement shall commence as of the date of execution.hereof and shall. be renewed. annually upon the same. terms and conditions or under such other terms and conditions as shall be agreed upon by both parties. 'T'his agreement shall be subject to .renegotiation and maybe rescinded by WEST VALLEY COLLEGE after 60calendar days' notice to CFMA. • 12. IN KIND SUPPORT: CFMA is committed to seekin wa sand means to rovide .g y p appropriate.in kind support for activities and programs at WEST VALLEY COLLEGE. Space within the use permit area will be made available on as per requested basis to WEST VALLEY COLLEGE to promote its activities and programs. . 13. NOTICES. Notice required by this agreement shall be personally delivered or mailed, postage pre-paid, as follows: To: -Doug Hayden, President California Farmers' Markets Association - 3000 Citrus Circle, Suite 111 Walnut. Creek, CA 94598 To: Philip L. Hanley, Ph.D, President West Valley College 14000 Fruitvale Avenue Saratoga, CA 95070-5698 Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail. Agreement -March 10, 2005 5 ~~~~~`~~ ,,. ,, I i t - 14. ENTIRE AGREEMENT: This Agreement, including any exhibits attached hereto and .initialed by the parties; constitutes the entire agreement and understanding between District and CFMA. This Agreement may be altered or amended only in a writing signed by both Parties. 15. WAIVER. No waiver of any provision of this Agreement or any rights or obligations of any Party hereunder will be effective, except pursuant to a written instrument signed by the parry or parties waiving compliance, and any such waiver will be effective only in-the specific instances and for the specific purpose stated in such writing.- 16: SUCCESSORS'AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives and successors. This Agreement may not be assigned. 17. TERMINATION. This Agreement may not be revoked except upon sixty (60) days' advanced written notice to the CFMA and in such event the CFMA shall have the full right to complete and prepare an appeal of the revocation within ten (10) days to WEST VALLEY COLLEGE. In the event the WEST VALLEY COLLEGE terminates this Agreement without the consent of CFMA, WEST VALLEY COLLEGE agrees that. termination is based upon good cause such as CFMA's default ofany substantial terms of this Agreement, fraud or serious mismanagement which breach WEST VALLEY COLLEGE has brought to CFMA's attention and CFMA has had a reasonable opportunity to cure: 18. CHOICE OF LAWS/ATTORNEY'S~FEES. This Agreement shall be interpreted in . accordance with the laws of the State of California without regard to or application of conflicts of law rules or principles. District and CFMA agree and consent to jurisdiction in the state or federal courts in Santa Clara County, California. If action is taken by either Party to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees together with costs and expenses incurred in pursuit thereof. 19. SEVERABILITY. Should any part, of this agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect .the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 20. MISCELLANEOUS. This Agreement consists of the-text of the Agreement and constitutes the entire understanding and agreement of the parties. 21. -COST. Pursuant to Education Code Section 82542, the following charges will be paid by CFMA to WEST VALLEY COLLEGE on a quarterly basis; $150- per week for staff services, $200 per week for parking. • Agreement -March 10, 2005 6 ~~~~~ 22. AUTHORITY TO EXECUTE. Philip L. Hartley of the WEST VALLEY COLLEGE is authorized to execute this Agreement by the WEST. VALLEY COLLEGE on l (F , 2005. Demonstrating our agreement with these prop WEST VALLEY COLL GE By: Title: President . Date: ~ ~ ~~ ~ ~ visions, we sign this document. CALIFORT]I SETS ASSO Tit :President Date: ~ ~~ - O S • • • Agreement - Mazch 10, 2005 ~ 7 ~~~~ ~'® Exhibit 1. SCOPE OF SERVICES The CFMA agrees to manage and operate a Certified Farmers' Market. The CFMA will be responsible for the management and operations of the Certified Farmers' Market in adherence to this General Plan. This plan constitutes the scope of work to be performed: Market Site A. Site Plan 1. Monitor Traffic Flow 2. Continue to monitor parking accessibility. 3. CFMA will hold the Certified Farmers' Market within the permitted area. B. Organizational Structure and Management 1. Contact the City, County, and Local Government for all necessary permits and licenses. CFMA will contact the County Agricultural Commissioner and County Department of Environmental Health to obtain the necessary permits and certificates. 2. Develop and modify Market rules and regulations as necessary to reflect the specific needs of the Certified Farmers' Market. 3. Develop and implement a marketing plan that will mutually benefit the coexisting promotions of the WEST VALLEY COLLEGE, SARATOGA and the Certified Farmers' Market. 4. CFMA specializes in quality grower recruitment, integrating local community/merchant programs and "market specific" marketing and promotion efforts. C. Grower Recruitment and Coordination Maintain, recruit, secure and confirm growers to yield a product mix and array each market day that will provide optimal grower supplies to satisfy market visitors while considering space limitations of the site. II. Operations and Management A. Obtain, maintain and supervise management of the Certified Farmers' Market that will effectively assure safety and satisfaction of the market visitors. B. Assure adherence and enforce State and Local Agricultural and Health Regulations and all applicable state and local laws. ~~~~~. C. Assurance to market rules and regulations, product quality, set-up and clean-up procedures. Perform and monitor site clean up including sidewalks and streets within the market area. Obtain feedback to assure adherence to guidelines of the Market and the WEST VALLEY COLLEGE, SARATOGA. D. Market Day Systems: Post signage, Information Booth, Customer Relations, Grower Placement, Traffic flow within the Farmers' Market project area. Monitor placement of street barriers. Provide access to restroom facilities for farmers and vendors. E. Insurance. Secure liability insurance in aggregate amount of $3,000,000 listing WEST VALLEY COLLEGE, SARATOGA and City of Saratoga as additional insureds. III. Promotion A. Each season the marketing, promotion, publicity and community outreach plan will include an emphasis on community-oriented and nutritional educational events. B. Opening Day Celebration • The opening day celebration will be Saturday, May 14th, 2005. C. CFMA will coordinate Crop Campaigns, Seasonal promotions and special events such as: Music, Recipe Promotions, Comparative Tasting, Cooking Demonstrations, etc. with other activities held at the market and other Community Services programs and activities sponsored by the WEST VALLEY COLLEGE, SARATOGA. ~Q~~~~ ~ ,~ ~p pp ~ I C7 CJ1 .A W N ~ y ALI~ENDALE AVENUE i m ~ fn ~ i '~ rry ~ 7C' I C (n CO ~~ ~ m ~ o °' a ~ -r ~ ~ ~o _ - l~ ~` a ~' ~ I J C ~ ' N~R7H COLLEGE CIRCLE i - ~ m ~- ~, ; ,! 0 ~ ~ ~s :.. ~~ ~~ ~; - ' ~i ~ --- -- _ -- ---- w ~ ~ ;~ _C 7 ~ 'i! - MAIN ENTRANCE I a ' ` r. ~' ;°. 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I N ~ _ fO ~ _ _ _ _ _ Pa N x C7 p ~ ~ _ _ - , _ p _ ~. _ _ .. - _ -- SOUTH COLLEGE CIRCLE N _ ~ - - _ 3 ~ --- -- - ° i ~ _ I ~~~~~~ Item 3 • 'REPORT TO THE PLANNING COMMISSION Applicant No./Location: UP 04-274; 13650 Saratoga Avenue Type of Application: Conditional Use Permit for a Wireless Facility Applicant/Owner: Metro PCS a,- Staff Planner: Christy Oosterhous, Associate Planner~t Date: Apri127, 2005 APN: 397-30-053 Department Head: ~~~ • • 13650 Saratoga Avenue (Saratoga Library and Heritage Orchard) ~~®~Oi EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed PROJECT DESCRIPTION 08/26/04 03/31/05 04/13/05 04/07/05 04/21/05 Metro PCS requests use permit approval to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along the Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. The flag will be illuminated. Related equipment cabinets will be installed in the area of the existing trash enclosure. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. Resolution of Approval. Library Commission Meeting Minutes, dated June 2, 2004. Arborist Report, dated March 23, 2005. Affidavit of mailing notices, public notice, and mailing labels. RF Exposure Report. Coverage Map. Photosimulations. Plans, Exhibit "A." • • • ®~~~ Application No. 04-274, 13650 Saratoga Avenue STAFF ANALYSIS ZONING: R-1-20,000 GENERAL PLAN: PF (Public Facility) and OS-MR (Open Space and Managed Resource) MEASURE G: Not applicable " PARCEL SIZE:. Approximately 20 acres AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: The entire flagpole is to be painted dark brown (AC 86-N Rich Earth/Kelly Moore). The 220 square foot addition for the equipment cabinets shall match the existing trash enclosure in color, material, and style. ENVIRONMENTAL DETERMINATION: The proposed project which includes installation of equipment cabinets and one antenna concealed inside a new. flagpole is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. • ~~~3 Application No. 04-274; 13650 Saratoga Avenue PROJECT DISCUSSION Metro PCS requests use permit approval to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. The flag will be illuminated. Related equipment cabinets will be installed in the area of the existing trash enclosure. The proposed flagpole will be 48 feet in height with a tapered diameter. The diameter of the flagpole will be 11 inches at the base and 7 inches at the top. -For your reference, the existing flagpoles in front of City Hall are 8.28 inches in diameter at the base. The wooden utility poles along Fruitvale Avenue are 19 inches in diameter at the base. The flagpole will be installed approximately six feet from the Library off a northeast corner of the building primarily visible from Saratoga Avenue at the intersection of Fruitvale and Saratoga. A gold-colored ball will be located at the top of the proposed flagpole. The flagpole is to be painted dark brown similar to the light pole fixtures at the nearby intersection and throughout the City. The dark earth tone color will blend with the backdrop of the Library and hillside as opposed to a reflective metallic finish. The existing trash enclosure will be expanded by 220 square feet to include the proposed equipment cabinet area. The proposed addition will match the existing enclosure in materials and color. The existing landscaping in the affected areas will be replaced to match the existing landscaping. No generator is proposed. A lease is currently being negotiated with the City. The City will receive revenue from the applicant. Surrounding land uses include religious and educational institutions, government buildings and residential properties. Specifically, St. Andrews Parish and School, Sacred Heart Parish and School, City Hall, and single-family residences are located adjacent to the project site. To avoid negative aesthetic impacts that commonly occur with antenna flagpoles the pole will be tapered, painted dark brown, and a proportional flag will be flown. Often an un- proportional flag exasperates the size of the pole especially when the pole is not tapered. An 8-foot by l2-foot United States of America flag is proposed. Under the Telecommunications Act of 1996, .the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities.. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. The applicant has provided a cumulative RF exposure report which evaluates both the proposed and existing wireless facilities. The cumulative report concludes that the RF energy is well below the Maximum Permissible Exposure limit established by the FCC at .17% of the public exposure limit for a person anywhere at the ground. r~ ~~~~~4 Application No. 04-274, 13650 Saratoga Avenue Library Commission Review The Library Commission reviewed the proposed application in June 2004. The meeting minutes indicate the Library Commission recommended proceeding with the negations to locate the Metro PCS flagpole and equipment cabinet at the proposed location. The Library Commission meeting minutes are attached for your reference. Heritage Preservation Commission Review On April 12, 2005 the Heritage Preservation Commission (I-1PC) reviewed the application. HPC moved to recommend approval to the Planning Commission with the added condition that the application include up-lighting for the flagpole at night. The Flag Code states, that when flying the flag at night, it should be illuminated: In response, the applicant is proposing two or three 150 watt Halogen lights mounted flush to the ground. An alternative to lighting includes taking the flag down each night. The HPC also suggested that the Orchard caretaker would provide guidance on the relocation/removal of the small orchard tree in conflict with the proposed equipment cabinets. Arborist Review The arborist has reviewed the proposed project. With the exception of a small orchard tree all trees are planned for retention. As previously mentioned in this report, the small orchard tree approved for removal shall be relocated or replaced at the Orchard Caretakers direction with respect to size, species and location. Conditional Use Permit Findings The proposed project supports the findings for conditional use permit approval; therefore, staff recommends the planning commission approve of the proposed project. based on the following findings: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive as flag poles are a common occurrence at public centers, and that the aesthetic impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will riot be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility -will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. The aesthetic impact of the design of equipment cabinet enclosure will be less than significant. ~~~~®~ Application No. 04-274, 13650 Saratoga Avenue i I Conclusion The project satisfies all of the findings required within Section 15-55.070 of the City Code. The antennas and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to antenna facilities. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve use permit application number 04-274 by adopting the attached resolution of approval. • • ~~~®®~ Application No. 04-274, 13650 Saratoga Avenue RESOLUTION NO. Application No. 04-274 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA. Metro PCS; 13650 Saratoga Avenue WHEREAS, Metro PCS requests use permit approval to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. An 8-foot by 12-foot United States of America flag is to be flown with up-lighting at night. Related equipment cabinets will be installed in the area of the existing trash enclosure with landscaping to match existing; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes the installation of an antenna and equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070:` That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive as flag poles are a common occurrence at public centers, and that the aesthetic impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. The aesthetic impact of the design of equipment cabinet enclosure will be less than significant. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: ~~®~®~ Application No. 04-274, 13650 Saratoga Avenue I Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04-274 for Use Permit approval and the same is hereby granted subject to the following conditions: 1. The proposed United States of America flag, lighting, flagpole, equipment cabinets, and landscaping shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. If the subject site is decommissioned in the future, all antennas and related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 4. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 5. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. 6. -All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. 7. An 8-foot by 12-foot United States of America flag shall be flown unless the City determines another size is necessary to ensure proper proportionality between the pole and flag. The applicant shall maintain the flag in proper condition according to the Flag Code. 8. The applicant shall maintain the dark brown finish of the pole. The pole is to be painted Rich Earth AC 86-N Kelly Moore unless otherwise specified by the City. 9. Any `orchard tree' approved for removal .should either be relocated on site or replaced. The new location of the relocated or replaced tree shall be chosen by the Orchard Caretaker. In the event that the tree is replaced the species and size should also be selected by the Orchard Caretaker. 10. The applicant shall install (to -the satisfaction of the Community Development Director) the landscaping and landscaping improvements substantially in accord with the Landscape Plan ("LSP") submitted. with this Application and execute and '~` ~®~®~ Application No. 04-274, 13650 Saratoga Avenue record a Landscape Maintenance Agreement satisfactory to the City Attorney for perpetual maintenance of the landscaping. The Landscape Maintenance Agreement may, in the City Attorney's sole discretion, require Applicant to agree to security by bond, cash deposit and/or otherwise, and to agree to allow the City (after reasonable notice to Applicant) to perform maintenance which has not been done as required (as determined by the Community Development Director) and to have the cost thereof constitute a lien and encumbrance upon the property, collectible in a civil action or as a special assessment for nuisance abatement at the same time and in the same manner as real property taxes. 11. The- applicant shall maintain the lighting and fixtures for the Flag. HERITAGE PRESERVATION COMMISSION 12. The small orchard tree approved for removal shall be relocated or replaced at the Orchard Caretakers direction with respect to size, species and location. 13. The flagpole shall be up-lit at night. CITY ARBORIST 14. All recommendations contained in the Arborist Report received March 23, 2005 shall be followed. 15. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $32,130 to guarantee the maintenance and preservation of trees on the subject site. 16. Prior to Final Building Inspection approval, the Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of any required replacement trees, a favorable site inspection by the Arborist, and payment of any outstanding Arborist fees. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of Apri12005 by the following roll call vote: ~~~Q~ Application No. 04-274, 13650 Saratoga Avenue AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have. no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby aclrnowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • ~~~~~~ • Attachment 1 ~~~~~.~. Application No. 04-274, 13650 Saratoga Avenue RESOLUTION NO. ~. Application No. 04-274. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Metro PCS;13650 Saratoga Avenue WHEREAS, Metro PCS requests use permit approval to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. An 8-foot by 12-foot United States of America flag is to be flown with up-lighting at night. Related equipment cabinets will be installed in the area of the existing trash enclosure with landscaping to match existing; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes the installation of an antenna and equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive as flag poles are a common occurrence at public centers, and that the aesthetic impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to. insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. The design of equipment cabinet enclosure and landscaping to match existing will not change the aesthetic impact from Saratoga Avenue. ~~~®~~ Application No. 04-274, 13650 Saratoga Avenue NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04-274 for Use Permit approval and the same is hereby granted subject to the following conditions: 1. The proposed United States of America flag, lighting, flagpole, equipment cabinets, and landscaping shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. If the subject site is decommissioned in the future, all antennas and related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 4. The Planning Commission shall retain continuing jurisdiction over the Use. Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 5. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any .State Federal Court, challenging the City's action with respect to the applicant's project. 6. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. 7. An 8-foot by 12-foot United States of America flag shall be flown unless the City determines another size is necessary to ensure proper proportionality between the pole and flag. The applicant shall maintain the flag in proper condition according to the Flag Code. 8. The applicant shall maintain the dark brown finish of the pole. The pole is to be painted Rich Earth AC 86-N Kelly Moore unless otherwise specified by the City. 9. Any `orchard tree' approved for removal should either be relocated on site or replaced. The new location of the relocated or replaced tree shall be chosen by the Orchard Caretaker. In the event that the tree is replaced the species and size should also be selected bythe-Orchard Caretaker. t~~~~.~ Application No. 04-274, 13650 Saratoga Avenue 10. The applicant shall install (to the satisfaction~~ of the Community Development Director) the landscaping and landscaping improvements substantially in accord with the Landscape Plan ("LSP") submitted with this Application and execute and record a Landscape Maintenance Agreement satisfactory to the City Attorney for perpetual maintenance of the landscaping. The Landscape Maintenance Agreement may, in the City Attorney's sole discretion, require Applicant to agree to security by bond, cash deposit and/or otherwise, and to agree to allow the City (after reasonable notice to Applicant) to perform maintenance which has not been done as required (as determined by the Community Development Director) and to have the cost thereof constitute a lien and encumbrance upon the property, collectible in a civil action or as a special assessment for nuisance abatement at the same time and in the same manner as real property taxes. 11. The applicant shall maintain the lighting and fixtures for the Flag. HERITAGE PRESERVATION COMMISSION 12. The small orchard tree approved for removal shall be relocated or replaced at the Orchard Caretakers direction with respect to size, species and location. 13. The flagpole shall be up-lit at night. CITY ARBORIST 14. All recommendations contained in the Arborist Report received March 23, 2005 shall be followed. 15. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $32,130 to guarantee the maintenance and preservation of trees on the subject site. 16. -Prior to Final Building Inspection approval, the Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of any required replacement trees, a favorable site inspection by the Arborist, and payment of any outstanding Arborist fees. Section 2. Construction must be commenced within 24 months or approval will exprre. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. Application No. 04-274, 13650 Saratoga Avenue PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of Apri12005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date ~~®~~~- Attachment 2 ~~~~1~ DATE: TIME: LOCATION: CITY OF SARATOGA LIBRARY CONIlVIISSION Minutes June Z, 2004 12:00 noon Community Room Saratoga Library 13650 Saratoga Adenine Saratoga, CA 95070 1. Call to Order Chair Cross called meeting to order at 12 noon. 2. Roll Call Commissioners Present: Chandra, Cross, Foscato, Gipstein, Grover, Johnson, Manzo Others Present: Council Member Kline, Assistant City Manager Tinfow, Recreation Director Pisani, Staff Liaison Burns, County Librarian Cervantes, Community Librarian Barnes, Friends of Saratoga Libraries President Parker, Art Commissioner Murray, Saratoga New Reporter Basu, two (2) Representatives of Metro PCS 3. Report on Posting of the Agenda Burns reported that pursuant to Government Code Section 54954.2, the agenda for this meeting was properly posted on May 28, 2004. 4. Accept Agenda Items and Order Gipstein/Johnson moved to accept the agenda as presented. Motion passed 7/0. 5. Approval of Minutes of April 12, 2004 (special meeting of the Library Commission). Foscato/Manzo moved to accept the April 12, 2004 minutes as amended. Motion passed 5/0 (Chandra and Grover did not attend 04/12/04 meeting). Approval of Minutes of Apri128, 2004 (regular meeting of the Library Commission). Manzo/Foscato moved to accept the Apri128, 2004 minutes as amended. Motion passed 4/0 (Chandra, Cross,. and Foscato did not attend 04/28/04 meeting). Approval of Minutes of March 24, 2004 (regular meeting of the Library Commission). Gipstein/Foscato moved to accept the March 24, 2004 minutes as amended. Motion passed 6/0 (Manzo did not attend 03/24/04 meeting). Approval of Minutes of May 19, 2004 (special meeting of the Library Commission). Chandra/Manzo moved to accept the May 19, 2004 minutes as amended. Motion passed 4/0 (Foscato, Grover, and Johnson did not attend 05/19/04 meeting). 6. Oral & Written Communication Burns read three communications to the Commission: -Save the Date for Commission Recognition Dinner -September 30, 2004 - Chandra Resignation Letter -Effective June 4, 2004 - Invitation to community Meeting -June 7, 2004 Copies a part of permanent record ~t~001.~ Tabled until September 2004 8. Old Business [] 7. New Business A. B. C. D. E. Commission to consider proposal to install flag pole and antenna by cell phone company o library site -Pisani Metro PCS distributed plans and answered questions about installation of an antenna camouflaged in a flagpole on the library site generating monthly revenue for the City of Saratoga. Copies a part of permanent record Manzo/Foscato moved to inform City Council that the Commission recommend proceeding with negotiations with Metro PCS after considering the proposal and after learning that Metro PCS will cover liability and ongoing cost and maintenance of flag and pole,. and will mitigate impact of expansion of trash enclosure with new landscaping with the caveat that any concerns that may arise from the Community Librarian be addressed. Motion passed 6/0; 1 abstention Landscape Improvements After discussion regarding the lack of water for some plants and shrubs, Tinfow reported that the City was taking action to address irrigation and Commission took no action. Discuss floor, carpet and plumbing damage caused by soil- from patrons walking through orchard and consider options to mitigate problem. Tinfow reported that the Mayor duected that a working committee, consisting of two representatives from the Library and Heritage Preservation Commissions, City Staff, Library Staff,- and Novakovich, meet to discuss the problem and possible solutions. Cervantes suggested that a Redwood Middle School student be invited to participate on working committee. Lipstein and Manzo agreed to represent .the Library Commission with Cross serving as the alternate. Community conversations regarding service reductions -Cervantes JPA direction to Commission to gather input regarding library budget reductions Manzo/Foscato moved to postpone taking action on Community conversations regarding service reductions at this time as the JPA's Library budget forecast has improved somewhat due in part to the current. state budget proposal and the impending cost savings-from the August 26, 2004 system-wide Monday closures and 04/05 FTE reductions. Use of Community Room -Barnes Reservation policy to be discussed.- In response to letters posted in the Saratoga News, Barnes explained current local and JPA polices regarding the Community Room. Cross, Lipstein, and Barnes will meet to review existing policies and consider revisions that may address Saratoga resident preference in making reservations. Copies a part of permanent record. F. 1tFID -Circulation Technology -Barnes A. Library Construction Project List - Tinfow, Assistant City Manager • Tinfow reported progress to date • Bench honoring Willys Peck is moving forward • Meeting to be scheduled with Thompson-Pacific Copies a part of permanent record B. Review 04/05 Library Commission Work Plan Submitted to Tinfow for presentation to City Council. Johnson questioned the amount budgeted and i~ was determined that an error had been made and will be corrected. Copies a part of permanent record. Library Commission Agenda June 2, 2004 Page 2 of 4 ~~~~~~is . 9. Reports: (This section is informational only; no actions will be taken.) A. Melinda Cervantes, County Librarian • Cupertino Library will close for 6 weeks during transition into expanded facility • -State Librarian has resigned • Alum Rock Library building project underway • Morgan Hill is considering a 2-story downtown library facility • JPA election Committee is using June 2005 as a working date for next library funding ballot measure B. Anne Cross, Chair • Newly formed Saratoga City Foundation is seeking members • Begin recruiting Library Commissioners for current and upcoming openings • Confirmed quorum for July 7~' joint meeting with City Council C. Dolly Barnes, Community Librarian No report D. Marylou Taylor, Art Commission Liaison to Library Commission Le Murray gave report • Saratoga Reads continues to develop - Coincides with Building Bridges - Sponsors sought • Art in the Park not happening this October - Exploring Citywide/InterCommission event • Merchants express support for downtown murals • Rotating art at Gateway in planning stages E. Virginia Parker, Friends of the Saratoga Libraries • 04/05 Board in place • By-Law change to allow FSL to participate in ballot activities that support libraries • June 16 joint meeting with City Council • Book-Go-Round sales continue to increase • Membership increasing slightly • Seeking a manufacturer for ceramic book spines F. Lori Burns, Staff Liaison Circulated updated roster 10. Agenda Items for Nezt Meeting -June 23, 2004 Subcommittee reports on Orchard and Community Room Policy Patio gate resolution Library User Fees 11. Adjournment Gipstein/Johnson moved to adjourn meeting at 3:00. Motion passed 4/0 In compliance with the Americans with Disabilities Act, if you are a disabled person and you need adisability- related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at 408.868.1269 or ctclerk(a,saratoga.ca.us Requests must be made as early as possible and at least one full business day before the start of the meeting. Library Commission Agenda Page 3 of 4 June 2, 2004 ~~~~~~~ Prepared by: ~ uvrv~J off. Lori Burns, Human Resource Analyst i 868-1252 lbuins(cr~sarato a~ ca.us Library Commission Agenda June 2, 2004 • • Page 4 of 4 ~~~~2® ~_~ ~...~ Attachment 3 • #~ -~ ~ ~- =~`~~ ARBOR RESOURCES Professional Arboricultural Consulting & Tree Care .I A TREE ORY AND REVIEW OF THE PROPOSED METRO PCS CELLULAR EQUIPMENT AT 13650 SARATOGA AVENUE SARATOGA, CALIFORNIA SITE NAME: Saratoua City Library OWNER'S NAME: Metro PCS SITE #: SF071006 Submitted to: Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A March 23, 2005 P.O. Bor 25295, San Mateo; California 94402 ~ Email: arborresources@earthlink.net Phone: 650.654.3351 E Fax: 650.654.3352 • Licensed Contractor X796763 ~~~2~ David L. Babby, Registered Consulting Arborist March 23, 2005 . INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with the installation of Metro PCS cellular equipment at the Saratoga City Library, 13650 Saratoga Avenue. This report presents my findings and recommendations. Plans reviewed for this report include Sheets A-1 thru A-4 by Metro PCS, dated 3/14/05. The trees' locations, numbers and canopy dimensions are presented on an attached copy of Sheet A-1 (Key Map and Partial Site Plan). FINDINGS There are seven moderately-sized trees within proximity of the proposed project activities. They include one American Sweetgum (#1), three Flowering Pears (#2-4) and three Coast Redwoods (#5-7). All are planned for retention and specific data compiled for each is presented on the attached table. An additional 12 small `orchard trees' along Saratoga Avenue are also in close proximity to the proposed project activities. They are approximately three feet tall and have canopies equally as wide. To my understanding, one these will be removed as a result of constructing the proposed equipment cabinets. As mitigation, I recommend they be relocated to an alternate location on site or replaced. All others can be adequately protected through the installation of a three- to four-foot high wire enclosure. Trees #5-7 are not shown on the project plans but must be added. Their approximate locations are presented on the attached map and should not be construed as being surveyed. The proposed route of the underground coax and Power/Telco trenches will mostly impact trees #1 and 5. Hand digging is recommended to minimize root damage to tree #1. The proposed route of the Power/Telco trench requires revision to lessen root damage to tree #5 (specifications for doing so are presented in the next section). Based on trees inventoried for this report, the tree- protection bond for this project is determined to be $32,130. RECOMMENDATIONS The recommendations presented below are intended to serve as guidelines .for mitigating the potential tree damage incurred during installation of the proposed project components. They should be carefully followed and incorporated into construction plans. ~ This amount represents the combined, appraised tree values presented on the attached table. The values are calculated in accordance with the Guide for Plant Appraisal, 9`ti Edition, published by the International Society of Arboriculture, 2000. Saratoga City Library, 13650 Saratoga Avenue, Saratoga Page 1 of 2 City of Saratoga Community Development Department David L. Babby, Registered Consulting Arborist March 23, 2005 i 1. The surveyed location of trees #5 thru 7 should be shown on the project plans.. 2. The proposed route of the Power/Telco trench should be designed beyond tree #5's canopy. An example for possibly achieving this is shown on the attached map. 3. Tree protective fencing shall be established precisely as shown on the attached map and installed prior to any grading, surface scraping, construction or heavy equipment arriving on site. It shall be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter galvanized posts, driven 18 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction and landscaping process. The relocation or removal of fencing shall be approved by the City before doing so. 4. For each small `orchard tree' located in neaz proximity to the approved trench locations, the existing trash enclosure, or any paths of travel, wire enclosures should be installed to encircle each tree. The wire should be at least two feet from the trunks in all directions and extend vertically above the canopies (approximately three to four feet high). The area within the enclosure shall be regarded as protected. 5. Unless otherwise approved, all site development activities must be conducted outside the designated fenced/protected areas and outside from beneath the canopies of trees not inventoried for this report. These .activities include, but are not limited to, the following: grading, surface scraping, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and pazking. 6. Any `orchard tree' approved for removal should either be relocated on site or replaced. The new locations of the relocated or replaced trees shall be chosen by the Heritage Preservation Commission (HPC). In the event that the trees are replaced, the species and size should also be selected by the HPC. 7. Trenching- for the underground coax cable within 15 feet of tree #1's trunk .must be manually performed using shovels. All roots encountered during the process .with diameters of one-inch and greater should remain undisturbed and be tunneled beneath. 8. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage .beneath canopies. In addition, fuel should not be stored nor shall any refueling or maintenance of equipment occur within 50 feet of the trees' trunks (unless on the street or parking lot). 9. Herbicides should not be applied beneath the canopies of retained trees. Where used on site, they must be labeled for safe use neaz trees. 10. Any tree pruning shall be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to ISA standards. Attachments: [1] Tree Inveritory Table & [2] Site Map (a copy of Sheet A-1) Saratoga City Library, 13650 Saratoga Avenue, Saratoga -Page 2 oft ~ ~'~ ~~~ ~~ .. Ciry of Saratoga Community Development Department .. ARBOR RESOURCES - Professional Arboricultural Consulting & Tree Care ~ TREE INVENTORY TABLE ~ ,-. w _ ~ ~, ~ d] O' 3 h O. ~; 3 ^ ~ y . ~ a ~ .~ ~ ~ ~, ~ @ ,~ ~ ~ ~ ,o ~~ .O o o .~ b 00 0 o c ~ ao ~ ~..a ii A ~ p., ~ ,,~ : ~ ~,. v ~ ~ ~ +.+ V1 o ~ ~ A h ` ' . V `° cs..c OE o o d ~ _ X. a. O ib ~ ~ o ~ u V ~ ~ o N > ~ ~ ~ N ~ ~ ~ x V (/] c U ~~ c o w . TREE NAME ~ x U x . ~ O ~nr~ AC o. ~, ark H American Sweetgum 1 (Liquidambar styrac~ua) 13.5 40 30 100% 50% Good High 3 - $2,030 Flowering Pear 2 (Pynts calleryana) 11.5 35 25 100% 50% Good High 5 - $1,010 Flowering Pear 3 (Pyres calleryana) 12.5 30 35 100% 50% Good High 5 - $1,050 Flowering Pear 4 (Pyres calleryana) 9.5 25 20 100% 50% Good High 5 - $610 Coast Redwood 5 (Sequoia sempervirens) 34.5 65 40 75% 75% Good High 3 - $15,600 Coast Redwood (Sequoia sempervirens) 17 50 30 75% 75% Good High 3 - $3,130 Coast Redwood 7 (Sequoia sempervirens) 28.5 60 30 75% 75% Good .High 4 - $8,700 REPLACEMENT TREE VALUES 15-gallon = 5120 24-inch box =5420 36-inch box = 51,320 48-inch box = 55,000 52-inch box = Site: 13650 Saratoga Ave»ue, Saratoga Prepared for: City of Saratoga Community Development Depart Prepared by: David L Babby, RCA box = 515,000 d March 23,~QS ~,,, ~~ d'y~o PC''/ i ~, s: metro ~ UNDERGROUND ROUTING ,~ < WITHIN A NEW ~'-O" WIDE ~~ ~ EASEMENT (~ 138'-6' L.F.) ~ ~ I i i i ~Q' i i ~ i i i EXISTING ~ ~ ~ i / i DIRT/LANDSCAPING AREA ~ ~ G,y F O KL.G L B /i ~ ~i i ~Q' i i ~ i i i i i / i i ~ ~ '' 1 '!'r`eP.~ ~ P i ~ i / ~ 7 ~ ~ ~ ' / ~ / / / i~ ~ i NEW metroPCS ~ EQUIPMENT LEASE i ~ i ~ AREA ~ I SQ. i i FT.) ~ 2 ,~ / i ~~ i~ - Preferred U/T/E location ~' v i ~ EXISTING ~H ENCLOSURE / !I /~~ '~ ~' i i i i i i i i ---~ -- SIDEWALK NEW metro rc anw R C I~ wirHlnRiG,a n~,E PROTECTIVE FENCING EASEMENT _i . F ~ / ~( ~~ POWER P.O.C. FROM EXISTING ~ ~`4~j. ELECTRICAL PANEL VIA EXISTING S ~ O ~\' ~ ~ 1 OOAMP BREAKER. NEW E-MON/D- ~ ~ ~ \ 1~ - - - - - - METER INSTALLED NEAR POWER P. ' I ~\ ~R~~ ~11T~C~ _ FIELD VERIFY LOCATION OF POWEI I - - X ;, UTILITY ROOM. I ~ - - - - - - - + TELCO P.O.C. FROM PMPOE IN TE I / UTILITY ROOM. NEW NIU INSTALLEI TELCO UTILITY ROOM. FIELD VERIF ' I ~ ~ LOCATION OF TELCO UTILITY ROOT I ~~ ~~ ~_ ` ~ ~ EXISTING BUILDING I HIGHEST POINT a~ ~~ ` EL=406.4' AMSL ~ O` ~ HT=138.2' ~~6 ~ - ~ Prepared By: . 7 ~ ARBOR RESOURCES Professions! Arboriculrural Consulting & Tree Cc P.O. Box 25295 • San Mateo, CA • 94402 ~/ Phone: (650) 654-3351 • Email: arborresou~ink.i ~~ A CESS EASEMENT F OM I ~...> i'~°~~~ LEASE AREA TO PUBLIC R.O.W. (SARATOGA AVE) ~ PARTIAL SITE PLAN <, ~~6 EXI O 0 4~ 1 EXISTING . TREE --- - I ~ i. `1 EXISTING TREI 03 • Attachment 4 ~~~~~ City of Saratoga ', Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 27`h day of April 2005, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, Monday through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the planner noted below. METRO PCS REQUESTS USE PERMIT APPROVAL TO LOCATE A WIRELESS FACILITY AT THE SITE OF THE HERITAGE ORCHARD AND SARATOGA LIBRARY ALONG HERITAGE LANE. THE PROJECT CONSISTS OF THE INSTALLATION AND OPERATION OF ONE ANTENNA CONCEALED INSIDE A NEW FLAGPOLE. RELATED EQUIPMENT CABINETS WILL BE INSTALLED IN THE AREA OF THE EXISTING TRASH ENCLOSURE. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice.- The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing fists. In some cases, out-of -date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christy Oosterhous Associate Planner coosterhous@saratoga.ca.us 408 868-1286 • • • AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~- ~y~ti~ ~``~'w~ ,being duly sworn, deposes and says: that I am a citizen of the United States, ov-er~/the age of 18 years; that acting for the City of Saratoga .Planning Commission on the 1 day of ~ ~ ~ 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons-are the owners of said property who are entitled to a I~TOtice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. .._ . _____._. ~U~ _ Signed ~~~~~ MUELLER, KEITH J ETAL 38933007 19351 ATHOS PL SARATOGA CA 95070-5139 LEE, ROBERT A & YVETTE A 38933019 13864 YERBA SANTA CT SARATOGA CA 95070-5149 VANCE, JOHN D & JUDY F TRUSTEE 38933008 19363 ATHOS PL ~, SARATOGA CA 95070-5139 EMPEY, CHARLES H & LINDA G TRUSTEE 38933020 13832 YERBA SANTA CT SARATOGA CA 95070-5149 ENGLAND, BRET L & KIMBERLY A 38933018 13896 YERBA SANTA CT SARATOGA CA 95070-5149. BROWDER, EDWARD H & PATRICIA A 38933021 13800 YERBA SANTA CT SARATOGA CA 95070-5149 BROWN, JOHN T & PATRICIA K HULME, RUSSELL P & JULIE L LY, KHANG SIEU & FUNG KA 38933022 38933023 .TRUSTEE 13801 YERBA SANTA CT 13833 YERBA SANTA CT 38933024 SARATOGA CA 95070-5149 SARATOGA CA 95070-5149 13865 YERBA SANTA CT SARATOGA CA 95070-5149 HUANG, SUNG-CHI ETAL 38933025 13897 YERBA SANTA CT SARATOGA CA 95070-5149 SCVWD 38933026 HARLEIGH DR SARATOGA CA 95070-0000 38943002 19389 Kerwin Ranch Saratoga, CA 95070 38943003 19363 Kerwin Ranch Saratoga, CA 95070 38943004 19337 Kerwin Ranch Saratoga, CA 95070 CHUANG, YIN-CHI & CH1NG C 38943005 19313 KERWIN RANCH CT SARATOGA CA 95070-5100 r~ L_~ 38943007 13676 Ronnie Way Saratoga, CA 95070 38943008 13684 Ronnie Way Saratoga, CA 95070 38943009 13690 Ronnie Way Saratoga, CA 95070 38943010 13696 Ronnie Way Saratoga, CA 95070 38943013 13675 Ronnie Way Saratoga, CA 95070 TRAVERS, KELLY 38943017 19336 KERWIN RANCH CT SARATOGA CA 95070-5175 38943011 13693 Ronnie Way Saratoga, CA 95070 38943014 13669 Ronnie Way Saratoga, CA 95070 HAMID, GUL & ADEEBA 38943018 19312 KERWIN RANCH CT SARATOGA CA 95070-5175 KUFIS, JAMES C & CAROLLYN CHANG, CHEW LING & M TRUSTEE THERESA 38943020 38943021 19264 KERWIN RANCH CT 19240 KERWIN RANCH CT SARATOGA CA 95070-5175 SARATOGA CA 95070-5175 38943012- 13681 Ronnie Way Saratoga, CA 95070 WILDER, ALTA F TRUSTEE 38943016 19360 KERWIN RANCH CT SARATOGA CA 95070-5175 JU, PETER C & JAN-MAE TRUSTEE 38943019 19288 KERWIN RANCH CT SARATOGA CA 95070-5175 WANG, FU-HWA & LING- 38943022 19241 KERWIN RANCH CT SARATOGA CA 95070-5100 ~~ SILVERMAN, SHERMAN & YVETTE 43023 5 KERWIN RANCH CT TOGA CA 95070-5100 TANG, GEORGE H & YUET- . LING 39325017- 19520 TWEED CT SARATOGA CA 95070-5038 SIU, NANCY L & FRANCIS C 39325020 13517 SARATOGA AV SARATOGA CA 95070-4537 39325027 PO Box 2789 Saratoga, CA 95070 WRIGHT, KELVIN & DZUNG T 39336003 19818 MERRIBROOK DR SARATOGA CA 95070-5441 NT, DARLENE G & GLENN D 39336006 19814 MERRIBROOK DR SARATOGA CA 95070-5441 MC COLLUM, SHERRY H & JOHN L 39336009 19810 MERRIBROOK DR SARATOGA CA 95070-5441 WU, PHILIl' LIFU & CHYONG- TYUE 39336026 19708 CRESTBROOK DR SARATOGA CA 95070-5047 WENZEL, JAMES G & ELAINE A 39336029 13665 ROSSMERE CT SARATOGA CA 95070-5419 IN, MICHAEL F & CAROLE USTEE 39336032 13680 ROSSMERE CT SARATOGA CA 95070-5419 VITEK, MARY J 39325015 19541 TWEED CT SARATOGA CA 95070-5038 LOPEZ, EDGAR & IIZENE 39325018 19490 SCOTLAND DR SARATOGA CA 95070-5026 FABRI-PETERSON, ANNETTE C TRUSTEE 39325021 P. O. BOX 3106 ALPINE WY 83128 39325028 PO Box 2789 Saratoga, CA 95070 SANTA CLARA COUNTY 39336004 SARATOGA CA 95070-0000 GRANT, GLENN D & DARLENE G 39336007 19814 MERRIBROOK DR SARATOGA CA 95070-5441 RUSSELL, ROBERT L & LOIS L TRUSTEE 39336010 19806 MERRIBROOK DR SARATOGA CA 95070-5441 VAUGHAN, JANE J TRUSTEE 39336027 19694 CRESTBROOK DR SARATOGA CA 95070-5047 HSIEH, LI-LIN & DAITZ 39336030 ` 13671 ROSSMERE CT SARATOGA CA 95070-5419 BURDEN, QUENTIN H & SHIRLEY J 39336033 13685 ROSSMERE CT SARATOGA CA 95070-5419 LUGH, HARRISON & DIANA 39325016 19540 TWEED CT SARATOGA CA 95070-5038 CHEN, RON B & SU-MING I 39325019 19474 SCOTLAND DR SARATOGA CA 95070-5026 ST ANDREWS PARISH RE, CT WARD VESTRY TRUST 39325024 PO BOX 2789 SARATOGA CA 95070-0789 39325029 13601 Saratoga Avenue Saratoga, CA 950700 CALIFORNIA STATE OF 39336005 SARATOGA CA 95070-0000 MC COLLUM, JOHN L & SHERRY H 39336008 19810 MERRIBROOK DR SARATOGA CA 95070-5441 RUSSELL, ROBERT L & LOIS L TRUSTEE 39336011 19806 MERRIBROOK DR SARATOGA CA 95070-5441 PUDER, HELEN M 39336028 19680 CRESTBROOK DR SARATOGA CA 95070-5047 VISWANATHAN, ASHA TRUSTEE 39336031 13675 ROSSMERE CT SARATOGA CA 95070-5419 ANDERSON, ROLFE C & SHOLEH H TRUSTEE 39336034 13690 ROSSMERE CT SARATOGA CA 95070-5419 ;;~~ . BABIENCO, ALLORIE W & YOSHIDA, RALPH T & FLORA FITZSIMMONS, JOSEPH J LOVINA B TRUSTEE M TRUSTEE ~ TRUSTEE ETAL 39336035 39336036 39345001 13695 ROSSMERE CT 13701 SARATOGA AV ', 14611 BIG BASIN WYE SARATOGA CA 95070-5419 SARATOGA CA 95070-5431 SARATOGA CA 95070 FITZSIMMONS, JOSEPH J SARATOGA CITY OF ~ WEST VALLEY JT COMMUNITY TRUSTEE ETAL 39715017 COLLEGE 39345004 ALLENDALE AV 39715018 14611 BIG BASIN WYE SARATOGA CA 95070-0000 ALLENDALE AV SARATOGA CA 95070 SARATOGA CA 95070-0000 HAQUE, PROMOD & DORCAS A S C V W D 39730010 39730018 13780 SARATOGA AV SARATOGA AV SARATOGA CA 95070-5432 SARATOGA CA 95070-0000 SCVWD 39730028 SARATOGA AV SARATOGA CA 95070-0000 O CONNOR, DAVID F & MARY E 39730043 P O BOX 235 SARATOGA CA 95071-0235 ROMAN CATHOLIC WELFARE PECK, JAMES R & JULIE A CORP OF SAN JOSE 39730049 39730047 13846 SARATOGA AV 13724 SARATOGA AV SARATOGA CA-95070-5455 SARATOGA CA 95070 MCCREADY, JACK D & MARY FORD, BARRY & PATRICIA B TRUSTEE TRUSTEE 39730054 39730055 13840 SARATOGA AV 13838 SARATOGA AV SARATOGA CA 95070-5455 SARATOGA CA 95070-5455 CHEUNG, VINCENT W & LILY W 39730024 13820 SARATOGA AV SARATOGA CA 95070-5455 SOUSA, WILLIAM P JR & JULIA R TRUSTEE 39730046 13830 SARATOGA AV SARATOGA CA 95070-5455 SARATOGA CITY OF 39730053 SARATOGA AV SARATOGA CA 95070-0000 SARATOGA UNION S D 39730060 FRUITDALE AV SARATOGA CA 95070-0000 UNITED STATES POSTAL COMBELLICK, THOMAS A & TUTTLE, JEFFREY D SERVICE EUNICE J TRUSTEE 39730063 39730061 39730062 2150 NORTHFIRST ST 101 ALLENDALE AV 13810 SARATOGA AV SAN JOSE CA 9513T SARATOGA CA 95070-0000 SARATOGA CA 95070-5455 MARIANI, LOUIS J JR & ROSE E 39734008 13986 SHADOW OAKS WY SARATOGA CA 95070-5542 • ~'~~~~ a~ Attachment 5 • • MetroPCS • Proposed Base Station (Site No. SF07100B) 13650 Saratoga Avenue • Saratoga, California • Statement of Hammett ~ Edison, Inca, Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of MetroPCS, a personal wireless telecommunications carrier, to evaluate the base station (Site No. SF07100B) proposed to be located at 13650 Saratoga Avenue in Saratoga, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that- the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on -the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply • for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Approx Frequency Occupational Limit Public Limit Personal Communication ("PCS") 1,950 MHz 5.00 mW/cm? 1.00 mW/cm2 Cellular Telephone 870 .2.90 0.58 Specialized Mobile Radio 855 2.85 0.57 . [most restrictive frequency range] 30-300 1.00 0.20 General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are connected to the antennas by coaxial cables about 1 inch thick. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of--sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward- • =~ HAMMETT & EDISON, INC. _ ~ CONSULTING ENGINEERS _ MP71 OBS9G ~. SAN FRANCISCO Page 1 of 3 C! Computer Modeling Method Site and Facility Description • Study Results MetroPCS • Proposed Base Station (Site No. SF07100B) 13650 Saratoga Avenue • Saratoga, California the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically-very near the antennas. The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Based upon information provided by Metro, including zoning drawings by Genre Technology Inc., dated August 13, 2004, it is proposed to mount three EMS Model MTRR7517-OOODPL2 directional panel PCS antennas on a new 50-foot flagpole sited just north of the Saratoga City Library, located at 13650 Saratoga Avenue. The antennas would be mounted at an effective height of about 46/2 feet above ground and would be oriented at 120° spacing, to provide service in all directions. The maximum effective radiated power in any direction would be 1,890 watts, representing six channels operating simultaneously at 315 watts each. There are reported no other wireless telecommunications base stations installed nearby. For a person anywhere at ground, the maximum ambient RF exposure level due to the proposed Metro operation is calculated to be 0.0017 mW/cm2, which is 0.17% of the applicable public exposure limit. The maximum calculated level on the roof of the Library is 26% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. Recommended Mitigation Measures Since they are to be mounted on a tall flagpole, the Metro antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To prevent occupational exposures in excess of the FCC guidelines, no access within 5 feet directly in front of the Metro antennas themselves, such as might occur during maintenance work on the pole, should be allowed while the base station is in operation, unless other measures can HAMMETT & EDISON, INC. CONSULTING ENGINEERS S.4N FRINCISCO MP710B596 Page 2 of 3 ~~~~~~ • • MetroPCS • Proposed Base Station (Site No. SF07100B) 13650 Saratoga Avenue • Saratoga, California • be demonstrated to ensure that occupational protection requirements are met. Posting explanatory warning signs' at the antennas and/or on the pole below the antennas, such that the signs would be readily visible from any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC-adopted guidelines. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by MetroPCS at 13650 Saratoga Avenue in Saratoga, California, can comply with the prevailing standards for limiting human exposure to radio frequency energy and, therefore, need not for this reason cause a significant impact on the environment. -The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2005. This work has been carried out by him or under his direction, and all statements are true and correct of his own knowledge except, • where noted, when data has been supplied by others, which data he believes to be correct. August 25, 2004 • Warning signs should comply with ANSI C95.2 color, symbol, and content conventions. In addition, contact information should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. HAMMETT & EDISON, INC. CONSULTING ENGINEERS 5.4N FRANCISCO MP710B596 Page 3 of 3 • • FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz." These limits apply for continuous. exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Freq_uenc~ Applicable Range (MHz) 0.3 - 1.34 1.34 - 3.0 3.0 - 30 30 - 300 300 - 1,500 1,500 - 100,000 4r Y ~~ ~ U 3 ~~ ~3 Q ~ 1000 100 10 1 0.1 Electromagnetic Fields (f is freauencv of emission in MHz Electric Magnetic Equivalent Far-Field Field Strength Field Strength Powei- Density (V/m) (A/m) (mW/cmZ) 614 614 1.63 1.63 100 100 614 823.8/f -1.63 2.19/f 100 180/j~ 1842/ f 823.8/] 4.89/ f 2.19/f 900/ fz 180/j~ 61.4 27.5 0.163 0.0729 1.0 0.2 3.54~f 1.59ff ~f/106 ~J'/238 f/300 f/1500 137 61.4 0.364 0.163 5.0 1.0 ! Occupational Exposure PCS ~ Cell ~ FM ~~ ~~~~~ f ~~ ~ ~ Public E/xnosure 0.1 1 10 100 103 104 1OS Frequency (MHz) s Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August -1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings -and uneven terrain, if required to obtain more accurate projections. HAMMETT & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO FCC Guidelines Figure 1 ~~Q'~~~ RFR.CALCTM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines , The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip .(omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three conditions have been met: 1) D>~ 2) D>Sh 3) D> 1.6~. where h =aperture height of the antenna, in meters, and ~. =wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: 0.1 x P power density S = 1~ x ~ x D xn h ~ in mW/cm2, where 8Bw =half-power beamwidth of antenna, in degrees, and Pnet =net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET-65 gives this formula for calculating power density in the far field of an individual RF source: 2.56 x 1.64 x 100 x RFF2 x ERP power density S = in mW/cm2, 4x ~tx D2 where ERP =total ERP (all polarizations), in kilowatts, RFF =relative field factor at the direction.to the actual point of calculation, and D =distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HAMMETT & EDISON, INC. CONSULTLNG ENGINEERS Methodology SAN FRANCISCO ''" ~Fl glue 2 • Attachment 6 • ~~~~R~~ Legend for the Coverage maps; I Red- Good Coverage Indoor & Outdoor Yellow- Good Coverage Outdoor & Fair coverage Indoor Blue- Fair Coverage Outdoor & Spotty coverage Indoor Green- Spotty Coverage Outdoor & Marginal coverage Indoor Fuchsia- Marginal coverage Outdoor, & No Coverage Indoor. Magenta- No coverage • • • - • • 3/21/2005 Photosimulation of view looking south from across Saratoga Ave. 48 ft flagpole 0 0 0 0 yright 2004, Previsualises lnc., all rights reserved. Accuracy of this photosimulation based upon -~~~+- a--:. ... n Questions? Call l-8T.-799.3210 or visit Metro~'CS~ __ Sarat_ ogaeLi6rary 13650 Saratoga Ave Saratoga, CA 95070 SFA-7108 jt.~i r ~.o. L~.yrs~it~~ L' yO T i H N N O i v O y d t .,.. • i __ .~ 0 3 d .~ 0 0 3 0 0 s d • 3 t t ~, October 5th 2004 Saratoga Area MetroPCS Coverage Plots Proposed & Existing Coverage For West Valley College 14000 Fruitvale Avenue (SF0636) Saratoga Library 13650 Saratoga Avenue (SF0710) Prepared By Jon Schwartz Senior RF Engineer metroPCS, Inc. 1080 Marina Village Parkway 4`'' Floor Alameda, CA 94501 (510) 747-4625 jschwartz @ metropcs.com n r~ U Proposed sites 710, 636, 612, & 684 shown as points of reference only, not on air. The need for the currently proposed sites 710 & 636 in the Saratoga area is evident by the above coverage plot. A large area of little to no coverage fills much of Saratoga. "i'he addition of proposed sites 710 and 636 in the North-East area of Saratoga clearly fills in a large geographic area. Both 710 and 636 sites are required to provide this coverage. Building one or the other site will not provide adequate coverage (as will be shown on the following page). • • • COLOR KEY: GREE1~1=Good in-Building, =Good Outdoor/Mobile, RED = Mazginal Outdoor/Mobile OTHER COLORS =Topography (not signal) By only building site 710 there is a lazge azea of little to no coverage on and surrounding the West Valley College campus. As can be seen in the above plot, the area surrounding the proposed 710 site is not served by site 636. Hence, both 710 and 636 are required to provide adequate coverage to this region. ~~ ~~ V • U ~~ ~ I I ~ I ~ ~a G~ ry ~' I i i ~~ Sl jc ir~ a.~ ffc W p a r N ~ w ~ ~ ° ~ m Q n O °o ~ V Q o O Q Q Q ~ ~ ~ a o ~ Q ~ z ~ ~ C/~ M ~_ J ~ J ~ O W M ~: U a? 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Ou <a W '~ n~n 1.~ (Q '° U ~ 0 (~ y V ~/ a~ ~_ - E- ~~ • • Item 4 i REPORT TO THE PLANNING COMMISSION • • Staff Planner: Ann Welsh, AICP, Associate Planner Application No./Location: 05-118, Modification of Approval/ 13228 Pierce Road Application Type: Modification of Approved Plans Applicant/Owner: Ashok and Kiran Bhatia Date: Apri127, 2005 APN: 503-16-026 Department Head:: ~~ 13228 Pierce Road ~~0001 EXECUTIVE SUMMARY CASE HISTORY Application Approved: 6/23/04 Modification of Approval Application: 3/24/05 Notice published: 4/13/05 Mailing completed: 4/12/05 Posting completed: 4/6/05 PROJECT DESCRIPTION This Modification of Approval is a request for a redesign of the roofline of the second story of the house remodel that was granted design review approval on June 23, 2004. The redesign would raise the roofline from the approved height of 24.5 feet to 25.5 feet. STAFF RECOMMENDATION s Staff recommends that the roofline be peaked rather than the "As Built" condition of a flat roof because this is the recommended practice for both aesthetic and functional reasons. Creating a peaked roof will require raising the roofline to 25 feet 6 inches. ~~ ~®®~02 • STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: The General Plan designates this area as Residential Very Low Density, which requires low-density single-family dwellings with a density of 1.09 dwelling units acre. This house is located in Area "B": Congress Springs -Pierce Road Area of the General Plan. The proposal is consistent with the Area Plan policy of maintaining the single-family character of the area. MEASURE G: Not a~, hp 'cable PARCEL SIZE: 21,052 square feet gross/net AVERAGE SITE SLOPE: Average Slope of lot is less than 10% GRADING REQUIRED: Since the proposal is primarily creation of a second story very little additional grading is required. ENVIRONMENTAL DETERMINATION: The proposed project consisting of renovating an existing single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of remodeling and renovating one single-family residence. ' MATERIALS AND COLORS PROPOSED: The exterior finish proposed is bone stucco with oyster white fascia trim and charcoal brown Class "A" composition shingle roof. • ~Q)~~~.~ i R-1- 40,000 Proposal~~ Code Requirements i Lot Size 21,052 sq. ft. 40,000 sq. ft. Lot Coverage: Maximum Allowable 29.1% 35% Building Footprint 2,864 sq. ft. Driveway,Walkways ,Patio 3,270 sq. ft. TOTAL 6,134 sq. ft 7,368 sq. ft. Floor Area: First Floor Maximum Allowable w/Garage 2,833sq. ft. 4,596 sq. ft. Second Floor 1,758 sq. ft. TOTAL 4,591 sq. ft. Setbacks:. Minimum Requirement Front 30 ft. 30 ft East Side -1St Iloor (e) 9.18 ft 9.87 ft (nonconforaiing1otwidth) 2nd floor 15 ft. 9.87 ft. + 5 ft =14.87 ft. West Side =15C Iloor (e)12.29 ft. 9.87 ft. . Rear -1St Iloor (e) 36.77 ft. ft 5 0 2nd floor 60 ft. f 6 0 Height: Existing one story Two story Maximum Allowable 14.5 ft 25.5 ft 26 ft. v®®®o~ . • r~ PROJECT DISCUSSION DESIGN REVIEW This project was approved with a peaked roof built to a height of 24 feet 6 inches. While under construction, the building inspector issued a stop work order at the time of roof inspection because the roof was not built according to the approved plans. The roof as currently built contains a flat portion at the ridgeline. The roof was redesigned with a flattened profile in order to meet the height limit as approved by the Planning Commission. In order to release the stop work order, the applicant is seeking a modification of the approved plans. The applicant would prefer to have a peaked roof however in order to do this they must exceed the height permitted in the design review approval. Since a peaked roof is the preferred design from a structural and aesthetic standpoint, staff recommends that the roof height be approved at 25 feet 6 inches. NECESSARY FINDINGS The Zoning Ordinance, Section 15-45.080. identifies the following findings as necessary for granting Design Review approval. (a) Avoid unreasonable interference with views and privacy. The increase in. height will not have an unreasonable impact on view or privacy. (b) Preserve Natural Landscape. The existing landscaping will remain and no trees will be removed. (c) Preserve Native and Heritage Trees. No trees will be removed. (d) Minimize perception of excessive bulk. The increase in roof height will help balance the proportions in the roof line. (e) Compatible bulk and height. The two-story structure is compatible in bulk and height with the neighboring dwellings since Pierce Road has a mix of single and two story dwellings. (~ Current grading and erosion control methods. The project does not involve any grading. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. • ®®D~•S i NEIGHBORHOOD INPUT I~ The applicant produced two signed notices from the neighbors that approved the increase in height to 25 feet 6 inches. However, after the legal notice was mailed out to the surrounding neighbors, one neighbor within the view shed of the property stated that they preferred the roof as currently designed. Since the original resolution of approval required additional screening along the eastern property line, the additional screening should mitigate the additional height. CONCLUSION The proposed project is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy. all of the findings required within Section 15-45.080 of the City Code. Staff prefers a peaked roofline for this house-for aesthetic and functional reasons. However, given the preferences of the adjacent neighbor to keep the roof as currently designed, if the Planning Commission finds that the 24 foot flattened height is preferable, there would not be significant impacts on the character of the Pierce Road streetscape: STAFF RECOMMENDATION Staff recommends that the roofline be peaked rather than the "As Built" condition of a flat roof because this is the recommended practice for both aesthetic and functional reasons. Creating a peaked roof will require raising the roofline to 25 feet 6 inches ATTACHMENTS 1. Draft Resolution 2. Affidavit of Mailing 3. Neighborhood Correspondence 4. Verification of Building Height, Westfall Engineers, March 31, 2005 5. Plans, Exhibit "A" • • • ~®0®~~ • • Attachment 1 V ®®®O~ RESOLUTION N0.05- APPLICATION N0.05-118 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Bhatia/ 13228 Pierce Road WHEREAS, the City of Saratoga Planning Commission has received an application for modification of approval to increase by one foot the height of a home that was approved as a 24.5 foot high, 1,758 square foot second story addition on to an existing single story dwelling for a total floor area of 4,553 square feet. WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "l~Tew Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and roadway infrastructure and involves the construction of one single family home and associated out buildings; and . WHEREAS, the applicant has support said application for Design findings have been determined: met the burden of proof required to Review approval, and the following The Zoning Ordinance, Section 15-45.080 identifies the following findings as necessary for granting Design Review approval. (a) Avoid unreasonable interference with views and privacy. The increase in height will not have an unreasonable impact on view or privacy. (b) Preserve Natural Landscape. The existing landscaping will remain and no trees will be removed. (c) Preserve Native and Heritage Trees. l~TO trees will be removed. (d) Minimize perception ofexcessive bulk. The increase in roof height will help balance the proportions in the roof line. ~~ • • ~~®®08 (e) Compatible bulk and height. The two-story structure is compatible in bulk and height with the neighboring dwellings since Pierce Road has a mix of single and two story dwellings. (f) Current grading and erosion control methods. The project does not involve any grading. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Ashok and Kiran Bhatia for Design Re~~iew approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" "Residential House Addition for Ashoh and Kiran Bhatia prepared by Thomas Liu and Associates", dated 9/20/04, dated stamped 4/1/2005. The conditions of approval identified in this report shall be incorporated into the revised plans. 2. The existing roof shall be built according to the elevations noted as "Option 1-Building Elevations" on the above noted plans. 3. Four sets of complete construction plans incorporating this Resolution on a separate plan page shall be submitted to the Building Division. 4. The complete construction plans shall include a final landscape plan, which depicts all proposed screening vegetation along the eastern property line and along Pierce Road. CITY ATTORNEY 1. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of Ciry in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 2. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City ®®~®~ could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. ~~ Section 2. Construction must be commenced within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27`h day of April, 2005 by the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless -and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • • ®~®~~® • Attachment 2 r~ u ~~®~~~. i AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLAR.A ) /~ I, f I /(~~ ~/~ ,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 f ~ day of ~ ~ ~ ~' 200, that I deposited in the United States Post Office within Santa Clara County, a I~TOTICE 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 I\otice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. ;, i~~ Signed • ~~®®~.~. SESTRIERE LLC 13605 SURREY LN SARATOGA, CA 95070-4258 16009 EVULICH ROY & ANGELA TRUSTEE 13616 SURREY LN SARATOGA, CA 95070-4257 50316012 LADONNIKOV MAXIM & TATIANA 13388 SURREY LN SARATOGA, CA 95070-4217 503.16018 MARIAN CRAWFORD 14 CORRALA VISTA DR WATSONVILLE, CA 95076 50316022 MORRISSEY BARBARA A 13240 PIERCE RD SARATOGA, CA 95070-4215 50316025 LAN SIDNEY D & NANCY B TRUSTEE 13198 PIERCE RD SARATOGA, CA 95070-4215 50316030 MATHIS KATHRYN K 13180 PIERCE RD SARATOGA, CA 95070-4212 50316033 JONES BARRY W & BRENDA 13251 PIERCE RD SARATOGA, CA 95070-4235 50316053 MINTEGUI ANGEL L & CONNIE S TRUSTEE 13144 PIERCE RD SARATOGA, CA 95070-4212 50316063 ~LLRECHT HANS H & INGE H STEE 13200 PIERCE RD SARATOGA, CA 95070-4215 50316066 TSU CHUAN-JEN C & LIN-LIN P 13625 SURREY LN SARATOGA, CA 95070-4258 50316010 JUANG RUDY Y & SHAU C P 13600 SURREY LN SARATOGA, CA 95070-4257 50316013 CHANG LILY L 13386 SURREY LN SARATOGA, CA 95070-4217 50316019 JAN CHIN-LANG & PAY-JANE 13270 PIERCE RD SARATOGA, CA 95070-4240 50316023 CARACCIOLO GIRARD F & MARY A 12280 SARTOGA SUNYVLE 112 SARATOGA, CA 95070 50316026 CARTER ANDREW L ETAL 13194 PIERCE RD SARATOGA, CA 95070-4215 50316031 KENNEDY KATHRYN 13180 PIERCE RD SARATOGA, CA 95070-4212 50316034 MCCOLLUM JOHN C & HELEN W TRUSTEE 13290 PIERCE RD SARATOGA, CA 95070-4240 50316057 HSI DON & PHEBE 1313 8 PIERCE RD SARATOGA, CA 95070-4212 50316064 TERRILL JOHN E & DOROTHY J TRUSTEE 13277 PIERCE RD SARATOGA, CA 95070-4235 50316082 KORELITZ JOEL & KAREN 13630 SURREY LN SARATOGA, CA 95070-4257 50316011 LE HUE N & BERNARD J 13570 SURREY LN SARATOGA, CA 95070-4257 50316014 BERMAN GARY S & KELLY O TRUSTEE 13360 SURREY LN SARATOGA, CA 95070-4217 50316020 BAMDAD RAFI & KATAYOUN 13250 PIERCE RD SARATOGA, CA 95070-4240 50316024 WESTPHAL ALFRED J TRUSTEE ETAL 13216 PIERCE RD SARATOGA, CA 95070-4215 50316027 MOROCCO RALPH J & JOAN K 13190 PIERCE RD SARATOGA, CA 95070-4215 50316032 KENNEDY KATHRYN TRUSTEE ETAL 13180 PIERCE RD SARATOGA, CA 95070-4212 50316035 THOMAS WILLIAM E & MARTHA F TRUSTEE 13282 PIERCE RD SARATOGA, CA 95070-4240 50316058 BEAUDOIN HAROLD A TRUSTEE POBOX55 SARATOGA, CA 95071-0055 50316065 SCHNEIDER PRISCILLA B TRUSTEE 13291 PIERCE RD SARATOGA, CA 95070-4235 50316083 ~~®~~,a~ JACOBS PAUL E & RENEE M TRUSTEE 13093 PIERCE RD SARATOGA, CA 95070-4211 50316087 VERDOORN RONALD D TRUSTEE 18850 BELLA VIVA SARATOGA, CA 95070-0000 50316090 HANSEN RUSSELL C TRUSTEE ETAL 18890 BELLA VINA SARATOGA, CA 95070-0000 50316093 SHAH DEVANG & SUNITA TRUSTEE 18800 BELLA VINA SARATOGA, CA 95070-0000 50316088 POELLOT J MICHAEL & BEVERLY R TRUSTEE 18860 BELLA VIVA SARATOGA, CA 95070-0000 50316091 ALLEY DONALD J & KATHLEEN A TRUSTEE 20673 RICE CT SARATOGA, CA 95070-4226 50319117 CONRADO PAUL R & ELIZABETH L - 18820 BELLA VINA SARATOGA, CA.95070-0000 50316089 YONEDA DAWN MIYEKO TRUSTEE 18880 BELLA VINA SARATOGA, CA 95070-0000 50316092 GODBOLE VISHWAS R & ARATI V 20695 RICE CT SARATOGA, CA 95070-4226 50319118 • • ~~®®~.~ i Attachment 3 ®~~.~ NEIGHBOR NOTIFICATION FOR DEVELOPMENT APPLICATIONS Date: 6 ~: ; I ~ b~I ~~T PROJECT ADDRESS: 13228 Pierce Road Saratoga, CA 95070 Applicant Name: Ashok and Khan Bhatia Application Number: This is regarding the RemodeU2nd story Addition project at 13228 Pierce Road. The Project Design was approved by the Saratoga Planning Commission in June 2004. This is a Revision to the building height. We are proposing a 9 Feet ceiling height on the 1 S` floor. This would change the total building height~to be increased by 1 foot to 25 feet 6 inches. The original building height was 24 feet 6 inches. • My signature below certifies that I do not have any concerns or issues which need to addressed. My signature below certifies that I do have the following concerns: Neighbor Name: ~ Gt ti S ~ ~ e~~ ~' ~G ~^ Neighbor address: r ~ Z o o P~ ~ ~cC ~ a Neighbor phone #: ~ 0 8 ~ [ 7 ~cF 2a~ Signature: Printed Name: ~~ flu U'LC ~' ~~~~~6 - NEIGHBOR NOTIFICATION FOR DEVELOPMENT' APPLICATIONS Date: ~ ° ~ ~ I ~~ PROJECT ADDRESS: -13228 Pierce Road Saratoga, CA 95070 Applicant Name: Ashok and Kiran Bhatia Application Number: This is regarding the RemodeU2"d story Addition project at 13228 Pierce Road. The Project Design was approved by the Saratoga Planning Commission in June 2004. This is a Revision to the building height. We are proposing a 9 Feet ceiling height on the 1 ~` floor. This would change the total building height to be increased by 1 foot to 25 feet 6 inches. The original building height was 24 feet 6 inches. My signature below certifies that I do not have any concerns or issues which need to addressed. My signature below certifies that I do have the following concerns: Neighbor Name: ~ /~ o~ ~~' Neighbor. address: 3 d ~ Neighbor phone #: ~ ~/ - /cf ~ ~ Signature: ~'~- 8--~,-. ' Printed Name: /~'d,~ ~~~ 1~.~ p ~~,-; • ®®~.~ • Attachment 4 • ®®~.~ --- ---o-----• -- -.._. • iNarch 31, 2005 in~,K;a itu_i Rn:;tN wnr I-AX. ~ni);)) l1ti7 i~~fil PROJECT: 13328 Pierce Road Saratoga, California. To whom It May Concern: This is to confirm that I surveyed the building height for the above referenced project with the following results: F,xisting grade high point:-Elev. = 501.60' Existing grade low ~~oint: Elev. = 500.14' 1~verage existing gr•~.de at building= 500 87' Heighest point of rc~oi- elevation = 524.87' Fuilding height = 24.00' VIIESTf~=ALL ENGINEERS, lNC. CU-)SUlliriy Enyir)fa;'r~ r•~ Harry Babieka /~ L.S._ 4953 !/~ N0. X953 E~ires 12/31!05 • a ~~ ;~~1:'rm:~.; ,~avu. ~.c f(1i 1i; 111ft,1I • • ~. o ~- oP--~- ~ - - - -.- - $ :r' ~ - -- =-- III -, - - - -. __ N ~ M^^i O v {~ o ~ L ~ W ~ ~ ~ ~ ~ ~N b ~ ~ ~ ~ ~ ICJ . a s ~ E ~ ~ ~ ° D ' ~ T~p ~ o t (~ ~ ~ -~ -~ cam- ~ ,N ,ski ~-° ~ i ~ ° . ~, R 8 ' ~ i ~ ~ m -tit` ,~ ~ rn ,; ~ r ~ ; ~ ~ ~ ~ i~ ~ ~ • ~• to -a ~'' V' 4 C a > - ~ $ w .~• fP is Boa o.. N-- -g -p N -t -~ .. \ »//J"`_"'/ N .. - _.__. - _.. o $ ~ ^ 'y a -1 c~ ~ a m ~ ~ ~ I~ v _ ~ \ \ Q ~ ~~ N - ~ '$' ~ v. 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UU & ASSOCIATES ~ ' ` ., i OWNER: KIRAN BL ASHOK BHATIA ARCHITECTURE PLANNING: 13228 PIERCE ROAD APN#SO3-O16-026 20770 CARNIEL AVENUE `. SARATOGA, CA. 95070 SARATOGA, CALIFORNIA 95070 (H) 408-872-1659 ` - __ . - ... -- , . -. _ .... (aoe~-ss~-ease S .-. Z v 0 Z -~ ~~ t w~ a ~E1 ib" ,.~_ s _ ~ ~ ~ g RESIDENTIAL HOUSE ADDITION- -; a ~ OWNER KIRAN & ASHOK BHATIA 7HOMas H. uu & assoGATES ~ ~ ARCHITECTURE PLANNING o ~ ;~ 13228 PIERCE ROAD APN#503-0~6-026 20710 CARNIEL AVENUE ~ ~ 1 -P SARATOGA, CA. 95070 SARATOGA, CALIFORNIA 95070 (I-I) 408-872-1659 i (40.8)-887-8878 s ' • i ITEM 5 REPORT TO THE PLANNING COMMISSION Application No./Location: #04-216, Modification of ApprovaU 14377 Old Wood Road • • Applicant/Owner: Staff Planner: Date: APN: Andrew Barnes Ann Welsh, AICP -Associate Planner April 27, 2005 397-05-055 Department Head: ,~.~~ ® old wood road ~ ~- 1. J \ ~! _ T--- 500 ftold wood road SOBEY RD _ i ~~- Q Buffer zones around old wood road i~ TEN HI 13228 Pierce Road ®~~®1 EXECUTIVE SUMMARY CASE HISTORY Application filed: 5/15/Ol Application complete: 10/23/01 Project approved: 11/28/01 Modification Application Filed: 7/6/04 Modification Notice published: 4/13/05 Mailing completed: 4/12/05 Posting completed: 4/6/05 PROJECT DESCRIPTION This is a two-part application. The first part involves modification of approved plans, to keep a portion of the original house that was to be demolished as a condition of approval. The second part is a request for the Planning Commission to interpret the amount of added floor area that is allowed under the density bonus provision of the second dwelling unit ordinance. The project being modified was approved by the Planning Commission on November 8, 2001. On November 14, 2003, the new house was granted a conditional final occupancy permit with a performance bond to assure demolition of the existing older house. In the two years time intervening between the approval of the project and the completion of construction; the Zoning Ordinance was revised to allow second dwelling units as a permitted use. This revision to the zoning ordinance also permitted a ten percent density and impervious coverage bonus, if a property owner is willing to deed restrict the unit to low ormoderate-income households. To take advantage of this bonus zoning provision, the applicant now seeks approval to keep a portion of the original 2,476 square foot house as a second dwelling unit. The new house and existing garage contain 6,180 square feet of floor area. The maximum floor area allowable in the R-1 40,000 zoning district fora 49,701 square foot lot is 6,200 square feet. The new ten percent density bonus would allow an additiona1620 square feet of floor area on the property for a total floor area of 6,820 square feet. The applicant is requesting to reduce the size of the original home to meet the second dwelling unit requirement, but maintain an 800 square foot garage that exceeds the total floor area for the lot. STAFF RECOMMENDATION Staff recommends that the modification be approved with the condition that the garage be redesigned as a carport by eliminating the sides of the garage structure to reduce floor area to comply with the maximum floor area requirements of the zoning ordinance. ®®Q,®2 STAFF ANALYSIS ZONING: R-1, 40,000 Zoning District GENERAL PLAN DESIGNATION: RVLD -Very Low Density Residential MEASURE G: Not applicable PARCEL SIZE: 49,701 acresgross/net I AVERAGE SITE SLOPE: Average Slope of the lot is 9.3 i ~ GRADING REQUIRED: The proposed project does not require any grading. i ~ ENVIRONMENTAL DETERMINATION: The proposed project consisting of a remodel to asingle-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single- family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of remodel to a second dwelling unit. MATERIALS AND COLORS PROPOSED: The remodeled structure is to match the existing house iTl color. w ~~~~®~ Proposal Code Requirements Lot Coverage: ~ Maximum Allowable 32.6% 35% Building Footprint 3,846 sq. ft. Detached garage 616 sq. ft. Pool 800sq. ft. Terrace &r Patio 1,070 sq. ft. Driveway 7,430 sq. ft. Front Entry 216 sq. ft. TOTAL Approved ISR 13,978 sq. ft. (n) 2"d Dwelling 650 sq. ft. 17,395 sq. ft. (n) Garage 800 sq. ft. 10% =1,739 sq. ft. (n) Deck 777 sq. ft. TOTAL with bonus 16,205 sq. ft. 19,135 sq. ft. Floor Area: Maximum Allowable First Floor 3,846 sq. ft. for 49,701 sq. ft lot Second Floor 1,500 sq. ft. in R-1, 40,000 Ceiling > 15 ft. 218 sq. ft. 6,200 sq. ft. Detached Garage 616 sq. ft. Total 6,180 sq. ft. 10% bonus-FAR (n) 2°a DU 650 sq. ft. 620 sq. ft. (n) Garage attached 800 sq. ft. TOTAL 7,630 sq. ft. 6,820 sq. ft. Setbacks: Minimum Requirement -Front 60 ft. 30 ft. Rear 100 ft. 50 ft. Left Side 59 ft. to P.L &t 20 ft. 25 ft. to creek bank 20 ft. Right Side 20 ft. 20 ft. Height: Maximum Allowable Primary Residence 25 ft. 6 in. 26 ft. 2nd DU 17 ft 7.5 inches 15-56.030 Second Dwelling Unit Development Standards. Except as otherwise provided in Section 15-56.050, each second unit shall comply with all of the following development standards: (a) Lot size. If the second unit is attached to the main dwelling, the net site area of the lot upon which the second unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot. (b) Unit size. The second unit shall be at least four hundred square- feet and shall not exceed twelve hundred square feet of living space, not including the garage. If a second dwelling unit has a basement, the area of the basement is included as part of the total maximum allowed. (c) Building codes. The second unit shall comply with applicable building, health and fue codes. (d) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). Aone-time ten percent increase in site coverage and • allowable floor area may be granted by the Community Development Director if the new second dwelling unit is deed restricted so that it may only be rented to below market rate households.. ~.~ ~~~~®~ (e) Parking. A minimum of one off-street covered parking space within a garage shall be provided for the second unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement maybe waived if the second dwelling unit is deed restricted so that they may only be rented to below market rate households. If the garage requirement is waived, an open parking space must be provided. (f) Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (g) Common entrance. If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served by either a common entrance or a separate entrance to the second unit must be located on the side or at the rear of the main dwelling. (h) Limitations on number of bedrooms. A secondary living unit may not have more than two bedrooms. (i) Appearance. All new construction to create a secondary living unit must match the existing main structure in color, materials and architectural design. (Amended by Ord. 218 § 2 (part), 2003) • ~~~6)®~ PROJECT DISCUSSION PLANS INCOMPLETE The current application was filed on July 6, 2004 and staff has reviewed the submission and deemed it incomplete on four separate occasions. All of the items that are necessary for a complete application have been submitted with the exception of a plan revision to eliminate the 800 square foot garage as floor area. On January 22, 2005 the applicant provided a letter (Attachment 5) stating that they disagreed with staff's interpretation of the zoning ordinance which included the three-car garage which is attached to the second dwelling unit. The applicant asked to be scheduled for a Planning Commission meeting in order to have a public hearing on the modification of plans. Since it is within his right to request a public hearing if there is a disagreement on the issue of completeness, staff scheduled this public hearing to consider the plans. DISAGREEMENT ON INTERPRETATION The disagreement on interpretation of the zoning ordinance revolves around interpretation of the following section of the zoning ordinance. 15-56.030 Second Unit Development standards. (b) Unit size. The second unit shall be at least four hundred square feet and shall not exceed twelve hundred square feet of living space, not including the garage. The applicant seeks the interpretation that the above phrase excludes the square footage of garage space in the floor area calculation for second dwelling units. This interpretation differs from the way staff has interpreted this portion of the ordinance. The logical extension of the applicant's interpretation is that one could have unlimited floor area if it is in garage space and it serves a second dwelling unit. Staff has interpreted this section to mean that the garage is not counted toward the actual unit size, which is limited to a maximum of 1,200 square feet; not that garages are omitted from the total floor area calculation for the entire site. Staff disagrees with the applicant's interpretation and rather reads Section 15-56.030 (d) as the specific provision governing site coverage: (d) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). Aone-time ten percent increase in site coverage and allowable floor area may be granted by the Community Development Director if the new second dwelling unit is deed restricted so that it may only be rented to below market rate households. This provision allows only 640 additional square feet in floor area and 1,740 square feet in additional impervious coverage. Floor area includes garages under City Code Section 15-06.280. In order to comply with this 10% maximum bonus in floor area, plans for the proposed second dwelling unit must be revised as follows:. ~' ~~~®®~ 1. The floor area of the second dwelling unit, which is depicted as 650 square feet must be reduced to 640 square feet. 2. The fully enclosed garage, which consists of 800 square feet, should be redesigned to be an unenclosed carport in order to comply with floor area requirements. If the plans are revised to address these floor area concerns staff can support the modification of approval. DESIGN REVIEW FINDINGS The proposed project is consistent with all the following Design Review findings stated in MCS 15- 45.080: (a) Avoid unreasonable interference with views and privacy. The second dwelling unit is not in a view corridor and will not have an adverse affect on neighbor's views. The existing mature trees that surround the site will be maintained and retain privacy. (b) Preserve Natural Landscape. The existing landscaping will remain and no trees will be removed. (c) Preserve Native and Heritage Trees. No trees will be removed. (d) Minimize perception of excessive bulk. The second dwelling will be remodeled to reflect the style of the existing new house. With elimination of the rear portion of the structure the bulk will be reduced. The design of the second dwelling unit with carport will be compatible with the existing dwellings since the structure is being remodeled to be compatible in color and material to the new home and the existing garage. (e) Compatible bulk and height. The second dwelling is compatible in bulk and height to the neighboring dwellings since it is less than 18 feet in height. (~ Currentgrading and erosion control methods. The project does not involve any grading. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. CORRESPONDENCE Correspondence received on this application for the revised plans was all positive at the date that the staff report was distributed to the Planning Commission. The proposed plans were shown to the adjacent neighbors as documented by the applicant. The file contains a petition dated February 8, 2004 that was passed around the neighborhood in opposition to previous plans but the revised plans have not received any negative correspondence. ~~~~0~ i CONCLUSION ~, The proposed project is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15-45.080 of the City Code. The second dwelling if revised as recommended does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal if revised as recommended in the staff report satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height, and impervious coverage. STAFF RECOMMENDATION Staff recommends that the modification. be approved with the condition that the garage be redesigned as a carport by eliminating the sides of the garage structure to reduce floor area to comply with the maximum floor area requirements of the zoning ordinance. ATTACHMENTS 1. Draft Resolution for application #04-216 2. Staff Report and Resolution for main house dated November 28, 2001 3. Affidavit of Mailing 4. Correspondence from Neighbors 5. Correspondence from Applicant 6. Photos of Structure to be converted into 2nd dwelling unit. 7. Second dwelling unit plans r ~~~~®8 • • Attachment 1 C ~~~~~~ i RESOLUTION NOS: 05- APPLICATION NO.04-216 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA BARNES~143T1 OLD WOOD ROAD WHEREAS, the City of Saratoga Planning Commission has received an application for Modification of the Design Review approval to allow a second dwelling unit; and, WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of-Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and roadway infrastructure and involves construction of a second dwelling unit; and C, WHEREAS, the applicant meets the burden of proof required to support said application for Modification of Design Review approval, and the following findings have been determined: The proposed project is consistent with all the following Design Review findings stated in MCS 15- 45.080: 1. Avoid unreasonable interference with views and privacy. The proposed house is not in a view corridor and will not have an adverse affect on neighbor's views. The existing mature trees that surround the site will be maintained and retain privacy. 2. Preserve Natural Landscape. The existing landscaping will remain and no trees will be removed. 3. Preserve Native and Heritage Trees. No trees will be removed. 4. Minimize perception of excessive bulk The second dwelling will be remodeled to reflect the style of the existing new house. With elimination of the rear portion of the structure the bulk will be reduced. The design of the second dwelling unit with- carport will be compatible with the existing dwellings since the structure is .being remodeled to be compatible in color and material to the new home.. 5. Compatible bulk and height. The second dwelling is compatible in bulk and height to the neighboring dwellings since it is less than 18 feet in height. 6. Currentgrading and erosion control methods. The project does not involve any grading. 7. Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. Now, THEREFORE, the Planning Commission of the Ciry of Saratoga does hereby resolve as follows: SECTION 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the .application by Andrew Barnes for modification of Design Review approval is granted subject to a number of conditions. COMMUNITY DEVELOPMENT 1. Four (4) sets of complete construction plans incorporating the attached Resolution as a separate plan page shall be submitted. 2. Exhibit "A" dated December 1, 2004 prepared by Terry Martin, Architects shall be revised to reflect the conditions outlined in this report. 3. The garage shall be redesigned to create a carport in order to comply with the floor area requirements of the zoning ordinance. 4. The floor area calculations shall be revised on the site plan to reflect the reduction in floor area. 5. Prior to submittal for Building Permits, the above plans shall be submitted to the Planning Division staff in order to issue a Zoning Clearance. FIRE PROTECTION DISTRICT The Santa Clara County Fire Department reviewed this application on 12/9/03 and their recommendations shall be included as conditions of approval: 1. Replace missing switch or remove in living room 2. Provide smoke detector in all sleeping areas and corridor. CITY ATTORNEY 1. 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. 2. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this Ciry per each day of the ~a~®~~. violation. li SECTION 2. Construction must be commenced within 36 months or approval will expire. SECTION 3. All applicable requirements of the State, County, City and other Governmental entities must be met. SECTION 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of April by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no • force or effect unless and until agreed to, in writing, by the Applicant; and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions withui the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • ~~~~~~.~ a • Attachment 2 • ~~~~~~ ~. _, ~~ ITEM 4 REPORT TO THE PLANNING COMMISSION Application No. /Location: Applicant/Owner: Staff Planner: Date: APN: DR-O1-020;14377 Old Wood Road BARNES/4 QUARTERS INC. Thomas Sullivan, AICP Community Development Director November 28, 2001 397-05-055 Department Head: ~.~I • q I W ~ boo S q O ;.ROAD OLD OOD RD• ~o cT ~'°o 00 0 400 800 Feet 14377 Old Wood Road ~®015 ,, ~'; File No. DR-O1-020; 1 ~ Old Wood Road . I EXECUTIVE SUMMARY ~~ CASE HISTORY Application filed: Application deemed incomplete: Application complete: Notice published: Mailing completed: Posting completed: 05/15/01 06/05/01 Esc 08/08/01 10/23/01- 11/07/01 11/07/01 11/09/01 PROJECT DESCRIPTION The applicant proposes to demolish the existing 2,476 square foot, single-story residence and has requested Design Review approval to construct a new 5,559 square foot, two-story residence with a 927 square foot basement. The maximum height of the residence is proposed to be 26 feet. The existing 616 sq. ft. garage will remain. The westerly portion of the parcel is heavily treed, has a creek and a sanitary sewer easement. The site is 49,701 square feet and is located within an R-1-40,000 zoning district. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-Ol- 020. ATTACHMENTS 1. Resolution DR-O1-020. 2. Arborist Report dated June 5, 2001 3. Geotechnical Report 4. Plan Set, Exhibit "A" r~ • J ~~~~~~ `, • File No. DR-OI-020; ~701d Wood Road /1`' STAFF ANALYSIS ZONING: R-1-40, 000 GENERAL PLAN DESIGNATION: Residential -Very Low Density MEASURE G: Not applicable PARCEL SIZE: 4.9,701 sq. ft.. AVERAGE SITE SLOPE: Average Slope of Site 9.3%. Slope at Building Site <1% GRADING REQUIRED: Total cubic yards of cut would be 400 cubic yards to a maximum depth of cut is 7.5 feet. Of the total, 300 cubic yards of would be necessary to construct the basement. Total cubic yards of fill would be 400 cubic yards. There will be no off hauled soil. • ENVIRONMENTAL DETERMINATION: The proposed project consisting of construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of constructing one single-family residence and associated out buildings. MATERIALS AND COLORS PROPOSED: The exterior finish is proposed to be stone veneer of either limestone or sandstone which will be square cut and have rough split face. The roof is proposed to be Vermont slate in asemi-weathered in agray-black tone. The windows are proposed to be white vinyl. The gutters are proposed to be copper while the fascia and trims will be in a Kelly-Moore Peninsula blue (a medium blue that complements the slate roof material) The wrought iron railing is proposed to be a denim blue. Color and material samples will be available at the public hearing. The wrought iron railing is ornate, but it is on the rear elevation. • C:\MyDocuments\4 quarters inc DR-O1-020 sr.doc ~~~~~ :`, ' File No. DR-01-OZO; ~701d Wood Road Lot Coverage: Floor Area: Setbacks: Building Footprint Driveway Walkway Covered Patio/Carport Pool and Patios TOTAL (Impervious Surface) First Floor Second Floor Garage (Basement) TOTAL Front Rear Left Side Right Side Height: Residence ~ ADJUSTED FOR LOT SIZE • I I, Proposal Code Requirements Maximum Allowable 32.7% 35% 6,037 sq. ft. 1,609 sq. ft. so4 sq. ft. 919 sq. ft. 3,740 sq. ft. 13,109 sq. ft. 5,348 sq. ft. 0 689 sq. ft. (3,209 sq. ft.) 6,037 sq. ft. 60 ft. 206 ft. 59 ft. to P.L &t 25 ft. to creek bank 20 ft. 25 ft. 6 in. 14,021 sq. ft. Maximum Allowable .7,200 sq. ft Adjusted" 6,194 sq. ft. Minimum Requirement 30 ft. 50 ft. 20 ft. ~ 20 ft. 20. ft. Maximum Allowable 26 ft. • C:\MyDocuments\4 quarters inc DR-O1-020 sr.doc ~~/~®~~- ~ ~. ' ' ~ File No. DR-01-020; ~701d Wood Road • PROJECT DISCUSSION Design Review The applicant proposes to demolish the existing 2,476 square foot, single-story residence and has requested Design Review approval to construct a new 5,264 square foot, two-story residence with a 927 square foot basement. The maximum height of the residence would be 26 feet. The site is 49,701 square feet and is located within an R-1-40,000 zoning district. The neighborhood is a mixture of architectural styles. Unlike many Saratoga neighborhoods, the area is not predominated by ranch style houses. The greater Sobey Road area has many large custom designed dwellings. The architecture of the proposed structure is palatial in terms of the detailing, mass of the roof lines, use of auto courts, and the "statement" that the entry-way announces along the front elevation. Predominate building _ materials used in the neighborhood. are a mixture of stucco, wood and brick. Meaning no disrespect to the project architect, Thuyen Q. Nguyenphuc, the drawings do not do the selected building materials justice. The stone veneer is very soft in appearance. The mortar lines are very understated. The blues selected for the trim colors can be found in both the stone veneer and the slate roof. The proposed project does implement applicable Residential Design Guidelines as discussed below. • Policy 1 "Minimize the Perception of Bulh", Technique #1, "Minimize Changes to Natural Topography". The portion of the lot where the building is to be constructed is nearly flat with an average slope of less than one percent. The proposed grading is to construct the basement not to alter the topography in order to construct the residence. Policy 1, Technique #3, "Lase Materials and Color to Reduce Bulh", which suggests softening elevations by using different materials on different levels, the use of natural color and materials on the lower portions and foundations of a house and the use of materials that create horizontal proportions. The project proposes stone columns to create vertical pedimentation and window trim and an eave line with corbels which provide horizontal detail. The use of stone -and stucco, arched and rectangular fenestration and soft colors that include taupe and light browns to break up the mass of the building. • Polity 1 "Minimize the Perception of Bulh", Technique #4 "Minimize Building Height", suggests varying the roof element of a structure to reduce bulk. The roofline is varied as the building setbacks are increased from the front property line. • Polity 1, Technique #6 "Else of Architectural Features to Breah Llp Massing". The front entry portico is 60 feet from the front property line. The roof element of the .front elevation slopes back from the front property line. As a point of reference the existing residence that would be demolished is 195 feet from the front property line. C:\MyDocuments\4 quarters inc DR-O1-020 sr.doc ~ ~ ®~ . ` i /.• ~ File No. DR-OI-020; ~'701d Wood Road • The proposed entry structure is identified by the use of arched transom windows and double doors. The entry protrudes from the face of the front facade by six feet. The front elevation roof design allows the building to duninish in mass or "importance" as it slopes away from the street. • Policy 1, Technique #5, "Design Structure to Fit with Existing Neighborhood". The proposed project fits with the eclectic nature of the neighborhood. Policy 2, "Integrate Structures with the Environment," Technique #3, "Lase Landscaping to Blend Structure with the Environment", suggests preserving the existing vegetation as much as possible. Twenty-eight trees are on the site and none would be removed in order to construct the project. Tree #20 may have its root system damaged if mitigation is not enforced. Conditions have been added to address this issue. • Policy 3, "Avoid Interference with Privacy", Technique #3 "Lase Landscaping to Enhance Privacy", which suggests the use of evergreen trees and shrubs to provide year-round privacy. The existing site conditions reflect this technique. The proposed 927 sq. ft. basement does not have direct access to the outside. The limited size of the basement and the lack of direct access to the outside limits the concern that it may be used as a second unit: The City Arborist, the Public Works Department and the Saratoga Fire District have reviewed the application. There are no additional conditions from the Public Works Department as this is a fully developed lot. Comments from the City Arborist and the Saratoga Fire District are included as conditions of approval. Parking The Saratoga City Code requires each residence to have at least two. enclosed parking spaces within a garage. The residence will have an attached 689 sq. ft. three-car garage Grading The project involves only minimal site grading (total cut is 400 cubic yards) as it is a flat lot. The vast majority of the grading is for the basement. The basement involves 300 cubic yards of cut to a depth of 7 U2 feet. All cut material will be used on site. Geotechnical Review The Geotechnical review has indicated that the project is constrained by adverse drainage conditions, shallow groundwater, slope instability along- the creek banks, liquefaction during a strong earthquake, and the susceptibility to strong seismic ground shaking. The Geotechnical Consultant's recommended conditions have been included in the resolution. C:\MyDocuments\4 quartets inc DR-O1-020 sr.doc ~~®~~® •~ ' • ` File No. DR-01=020; .~701d Wood Road Trees . There are twenty-eight trees on site that would be exposed to some risk due to project construction. However none would be removed in order to construct the project. Tree #20 may have its root system damaged if mitigation is not enforced. Conditions have been added to address this issue. Fireplaces The plans indicate that six fireplaces and three chimneys, with multiple flues are proposed in the new residence. The fireplace located on the first floor covered porch will be wood burning. All of the interior fireplaces will be gas burning only. Conclusion The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15-45.080 of the Ciry Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-OI- 020 • ~~.®~21 C:\MyDocumen[s\4 quarters inc DR-O1-020 sr.doc ,~ ~ • • • THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK • • ~~~~~2 ~` , , File No. DR-O1-020; 1~7 Old Wood Road • ~ Attachment 1 APPROVAL OF RESOLUTION NO. DR-O1-020 -CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA BARNES/14377 OLD WOOD ROAD WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval for the construction of a new 5,559 square foot residence on a 49,701 square foot parcel; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the project is Categorically Exempt from the Environmental Quality Act. (CEQA) pursuant Section 15303, titled "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and -roadway infrastructure and involves the construction of one single family home and associated out buildings; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that.twenty=eight trees are on the site and none will be removed in order to construct the project. The proposed entry is identified by the use of arched windows and columns. The front entry' is 60 feet from the. front property line. The roof element of the front elevation slopes back from the front property line. As a point of reference the existing residence that would be demolished is 195 feet from the front property line. The proposed entry structure is identified by the use of arched transom windows and double doors. The entry protrudes from the face of the front facade by six feet. The front elevation roof design allows the building to diminish in mass or "importance" as it slopes away from the street. ^ The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minim~ing tree and soil removal; grade changes will be minim~ed and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas in that the lot is nearly flat. The proposed grading is to construct the basement, not to alter the topography in order to construct the residence. ~~®~~~ ' ' File No. DR-01-020; Old Wood Road • I Additionally, twenty-eight trees are on the site and none would be removed in order to construct the project. I The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy in that the structure's design incorporates elements and materials which minimize the perception of bulk and integrate the residence into the surrounding environment. The neighborhood is an eclectic mix of "statement" architecture. The proposed project fits with the eclectic nature of the neighborhood. The project setbacks provide sunlight and air corridors. The project is conditioned to implement the recommendations of the City's Geotechnical Consultant. The proposed residence will conform to each of the applicable design policies- and techniques set forth in the Residential Design Guidelines and as required by Section 15- 45.055. In particular the project conforms to Policy 1, "Minimize the Perception of Bulk", Technique #1, "Minimize Changes to Natural Topography"; Policy 1, Technique #3, "Use Materials and Color to Reduce Bulk"; Policy 1, Technique #4 "Minimize Building Height"; Policy 1, Technique #6, "Use of Architectural Features to Break Up Massing"; Policy 1, Technique #S, "Design Structure to Fit with Existing Neighborhood"; Policy 2, "Integrate Structures with the Environment," Technique #3, "Use Landscaping to Blend Structure with the Environment", Policy 3, "Avoid Interference with Privacy", Technique #3, "Use Landscaping to Enhance Privacy" .and Policy 3, Technique #4, "Reduce Noise Impacts on Adjacent Dwellings". Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of ANDREW A. BARNES for Design Review approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit °A°, incorporated by reference. 2. Prior to issuance of a Building Permit, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: C:\MyDocumen[s\4 quarters inc DR-O1-020 sr.doc ~ ®®~ 1.__.J File No. DR-01-020; ~TOId Wood Road • a. -Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: i. Six fireplaces are included on the plans and only one maybe wood burning. The other fireplaces shall be gas burning. One wood burning fireplace with a gas starter and five gas-burning fireplaces shall be noted on the drawings. All chimneys shall be indicated on the plans. ii. All the recommendations of the City Arborist shall be followed and incorporated into the plans. iii. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. • iv. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that the vertical and horizontal are as approved by the Planning Commission." 7. No Ordinance-size trees shall be removed without first obtaining a Tree Removal Permit. 8. No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 9. No structure shall be permitted in any easement. 10. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction -Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. CITY ARBORIST 11. All recommendations in the City Arborist's Report dated 06/05/01 shall be followed and incorporated into the plans. This includes,-but is not limited to: a. The Arborist Report shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. The recommendations found in the Arboiist Report are to be considered Conditions of Approval. • b. Five (S) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." The fencing shall be inspected by staff prior to issuance of a Building Permit. C:\MyDocuments\4 quarters inc DR-O1-020 sr.doc ~~~~~~ ' ' . ' File No. DR-01-020; ~701d Wood Road i c. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on-the site. ~~ d. Prior to issuance of a Building Permit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $17,959 pursuant to the report and recommendation by the Ciry Arborist to guarantee the maintenance and preservation of trees on the subject site. e. Prior to Final Occupancy approval, the City Arborist shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the bond shall be released. f. Any future landscaping shall be designed and installed in accordance with the Arbonist's recommendations. g. A project arborist certified by the International Society of Arboriculture shall be retained to (1) provide on site supervision during key aspects of construction of the residence, pool and driveway for the purpose of preventing or minimising damage to trees; and (2) provide regular written progress reports to the Ciry of these supervision functions as they occur. FIRE PROTECTION DISTRICT 12. The roof covering shall be fire retardant, Uniform Building Code Class "A" prepared or built-up roofing. (Reference Uniform Fire Code Appendix 3, City of Saratoga Code 16-20:210). 13. Automatic sprinklers shall be installed in the newly constructed garage (2 heads per stall), workshops, or storage areas, which are not, constructed as habitable space. To insure proper sprinkler operation, the garage shall have a smooth, flat, horizontal ceiling. The designer/architect shall contact the San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. (Ciry of Saratoga Code 16-15.090[I]). 14. All driveways shall have a 14-foot minimum width plus one-foot shoulders. 15. Plans shall be checked for weed/brush abatement accessibility. 16. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of Ciry of Saratoga Code Article 16-60. (Alternative requirements, sprinkler systems 16-60-E). 17. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the fire district for approval. C:\MyDocuments\4 quatcer; inc DR-O1-020 sr.doc ((~~ ~~~~.1~~ ~, ` ' ~ File No. DR-01-020; Old Wood Road • 18. Automatic sprinklers are required for the residential dwelling (including the square footage of the basement). Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval. A four head calculated sprinkler system is required. The sprinkler system shall be installed by a licensed contractor. CITY ATTORNEY 19. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of Ciry in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 20. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this Ciry per each day of the violation. PLANNING COMMISSION 25. That the applicant submits detailed landscape and irrigation plans at the time of building permit application. 26. That the applicant revises the site plan so that the pool equipment is relocated to the opposite side of the house, closer to the pool. 27. That subject to the re«ew and approval of the Ciry Arborist and the Community Development Director the front setback shall be increased by five feet. GEOTECHNICAL 28. These conditions. are attached in a Memorandum from Iveta Harvancik, Associate Engineer. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date. of adoption. • C:\MyDocumenrs\4 quarters inc DR-O1-020 sr.doc ~ ~ V File No. DR-01-020;1~lOld Wood Road , ~ _ PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 28`h day of November 2001 by the following roll call~'vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent C:VV1yDocuments\4 quarters inc DR-O1-020 sr.doc Date ~®~~~~ • • • Attachment 3 ~~Q~~~ AFFIDAVIT ~OF MAILING NOTICES ~~, STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA ) /s) /~~~ I, ~ N G ~ ,bean dul sworn, de oses and sa s: that I am a ~ y r y citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the ~~ day of ~ _ 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there -was regular communication by United States Mail to the addresses shown above. Signed • ~~~~~~ NOTICE OF HEARING BEFORE PLANNING COMMISSION CITY OF SARATOGA'S PLANNING COMMISSION announces the following public hearing on Wednesday, the 27th day of April 2005 at 7:00 p.m. in the City Council Chambers, which are located in the Civic Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details and plans- are available at the Saratoga Community Development Department, Monday through Thursday, 7:30 a.m. - 5:00 p.m. If you have questions, on the project please direct them to Ann Welsh, Associate Planner, awelsh@saratoga.ca.us or 408-868-1230. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only -those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. APPLICATION #04-216 BARNES (397-OS-055), 14377 Old Wood Road; -Request for Modification of Approved Plans. The applicant is requesting to keep, as a second dwelling unit, .a 1,450 square foot portion of the 2,476 square foot home that was required to be demolished as a condition of design review approval of the 6,037 square foot new home constructed on the lot. The lot is zoned R-1- 40,000 and the lot size is 49,701 square feet. The proposed second dwelling unit houses athree-car garage and 650 square feet of living space. • ~~~~~~ PORTNOV MIKHAIL & LANA 14141 SOBEY RD SARATOGA, CA 95070-5605 39703002 IRAN TH1NH Q & HANH TRUSTEE 14341 SOBEY RD SARATOGA, CA 95070-5675 39703005 REED DAVID G ETAL 18801 TEN ACRES RD SARATOGA, CA 95070-5638 39703039 ASHJAY JAVAD & MITRA 14403 SOBEY RD SARATOGA, CA 95070-5607 39703057 FORMICO MARTIN A & LINDA C TRUSTEE 14456 SOBEY RD SARATOGA, CA 95070-5609 39704026 GIAMMONA LUCILLE G TR TRUSTEE 14251 SOBEY RD ~' SARATOGA, CA 95070-5605 39703003 ' MOORE PATRICK J & BARRETT O TRUSTEE 14133 SOBEY RD SARATOGA, CA 95070-5605 39703021 OSTBY RAYMOND K & NATHA TRUSTEE PO BOX 2474 SARATOGA, CA 95070-0474 39703045 SCHNEIDER RUSSELL T & MAUREEN B 14425 SOBEY RD SARATOGA, CA 95070-5607 39703058 FORTE RICHARD H & CAROL A TRUSTEE 14474 SOBEY RD SARATOGA, CA 95070-5609 39704054 CREMONA RUTH H TRUSTEE BLAKE ROBERT & MICHELLE F 14416 OLD WOOD RD TRUSTEE SARATOGA, CA 95070-5633 14394 OLD WOOD RD 39705042 SARATOGA, CA 95070-5633 39705043 CORDERO MARION & MYRIAM B BOYLE DONALD W & DALE V 14358 CORDWOOD CT TRUSTEE SARATOGA, CA 95070-5628 14336 CORDWOOD CT . 39705045 SARATOGA, CA 95070-5628 39705046 MARSHALL DANIEL & CLARISSA 14270 OLD WOOD RD SARATOGA, CA 95070-5632 39705049 SANT DAVID G & DIANN L TRUSTEE 14211 OLD WOOD RD SARATOGA, CA 95070-5631 39705050 FALCOCCHIA GEMMA TRUSTEE ETAL 14275 OLD WOOD RD SARATOGA, CA 95070-5631 39705052 4 QUARTERS INV CO 14377 OLD WOOD RD SARATOGA, CA 95070-5631 39705055 SHAHABI SAIID & MAHNAZ 14307 OLD WOOD RD SARATOGA, CA 95070-5631 39705053 WALKER NELSON L & MARY A 14415 OLD WOOD RD SARATOGA, CA 95070-5631 39705056 HO JEFFREY M & PRISCILLA L 12790 WOODMONT DR SARATOGA, CA 95070-3815 39703004 OSHIMA SATOSHI & SUMlKO 14137 SOBEY RD SARATOGA, CA 95070-5605 39703022 FEEMSTER JOHN R & PHYLLIS D TRUSTEE 18800 TEN ACRES RD SARATOGA, CA 95070-5664 39703056 CORCORAN TIMOTHY & CAROL 14437 SOBEY RD SARATOGA, CA 95070-5607 39703059 NOELLE AKASHA TRUSTEE 14470 SOBEY RD SARATOGA, CA 95070-5609 39704055 HILLIG LORETTA A TRUSTEE 14372 OLD WOOD RD SARATOGA, CA 95070-5633 39705044 ALKORAISHI ALI H P.O.BOX 700400 SAN JOSE, CA 95170 39705048 SHENASA HOSSEIN & NAZANIN 14233 OLD WOOD RD SARATOGA, CA 95070-5631 39705051. DIMUCCI VITO A & BETTYJANE TRUSTEE 14343 OLD WOOD RD SARATOGA, CA 95070-5631 39705054 DONZELLI ROBERT H & SH W 14268 SOBEY RD SARATOGA, CA 95070-5606 39705057 ~~~~~~ DONOVAN WALTER E & `MARILYN J 14226 SOBEY RD TOGA, CA 95070-5606 05058 THURSTON ROBERT L & KAYLENE L 14324 CORDWOOD CT SARATOGA, CA 95070-5628 39705061 BOZZINI ANTHONY G & SUSAN T 14314 OLD WOOD RD SARATOGA, CA 95070-5632 39705100 • • SILVER JORDAN R & TAMMY 14138 SOBEY RD SARATOGA, CA 95070-5606 39705059 39705063 SAKHUJA SHASHI B & MANJU 18692 SOBEY RD SARATOGA, CA 95070-5663 39705060 39705064 ~~~~~~ • Attachment 4 • ~~ t ~~~~ Neighbor Notification Template for Development Applications .Date: ~~ ~D y PROJECT ADDRESS: /~/3 77 6 ~d Gz~oad 2~a~ Applicant Name: ~~ 4R,~w ~A~"' ~°~ Application Number: "~ ° ~ al ~ ~ ~ir'~'ca~°~ "~` `~~~°"~ ~'Y~ ~l° ``~ The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning-Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ~y signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or 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: l V~ ,SD/16 ~ bAI~~L~,~~~~ Neighbor Phone #: ~~ ~~~, ~ /J ~`T ~ Signature: Printed: • ~;,...,r ~„~„~,,,,,, Planning Department®®®a~~ Neighbor Notification Template for ~' / Development Applications Date: ~/!~(~%` PROJECT ADDRESS: /y377 ~ Lo( r~v~ad ~~~~ Applicant Name: ~ ~-~~:~ ~% Application Number: ~ a `~- ~ 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 and the Planning Commission prefer that ~~. neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: /~//~ ~~ Vi/ f3~/z/X~ S Neighbor Address: /y.3 7 `7 oty w~ ~ ~ ~y Neighbor Phone #: y0~' ~~/___ / ~5 ~'~ Signature: Printed: G~ ~ < /~/ lit r,;,,, „r c„v,,,,,,~„ Planning Departm. ~~~s~~ • Date: 9'~9 ~~ y PROJECT ADDRESS: Neighbor Notification Template for Development Applications /y3 77 a~ ~o~~~ ~~ Applicant Name: ~ ~ ~ ~ ~w i~ A 2 ~%~°j J ~ l~J ~ ~ U l5 UCT 1200 4 CITY OF SARATOGA -` •r I1~fIT•r nC~Ir_r r~-- Application Number: ~o ~/' ~~~ The Saratoga. Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ~1VIy signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. OMy signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. 1Viy concerns are the following (please attach additional sheets if necessary): Neighbor Name: /1"c~~C'~T~ ~-r'/~~`1~ ~-~~~~/ Neighbor Address~:a ~~ Signature:- d~'~ . ~ifir n{Qn rn innn Neighbor- Phone #: ~~~ ~~ -l ~~ Printed:.: . %~- Planning DeDartmel[~~~ ~ ~ ~,"7 Planning Commission City of Saratoga Feb 8, 2004 Dear Sir i t to the Commission to d a t d b i e reques t y Barnes has su m We understand that our neighbor Mr An grant him a waiver which would allow him to keep the second dwelling on his property in violation of code restricting the number of dwellings on a one acre property, and also in violation of the original agreement with the City to destroy the old original dwelling. after completion of the new dwelling. We wish to notify you of our strong objections to this intentional violation of longstanding sound planning code policy which protects the value of all properties in the neighborhood. Furthermore, we suspect that this waiver request was the original intention of Mr Barnes, and that his plan was all along to ask for the waiver after his new home was completed, expecting that he could prevail on the Commission to grant the waiver out of sheer indifference after the fact. We are certain that you are fully aware .that granting this waiver request would set an extremely bad pzecedent for Saratoga, and we urge you to deny the request. By copy of this letter to many neighbors (and to Mr Barnes, we are soliciting their help in urging the Commission to deny the request and to require compliance to code. LET'S STZCR TO THE RULES!- t l ' ~~ ~ Y y, y~ ~ ' ~/ ours ru Nelson & Schottie Walker 14415 Old Wood Rd Saratoga, CA 95070 ph: 867-2401 nels96@pacbell.net CC: The Saratoga News D & D Sant Occupant 14800 Los Gatos Blvd 14211 OId Wood Rd 14138 Sobey Rd v and B Di:Mucci Occupant Occupant 14343 Old Wood Rd 14394 Old Wood Rd 14133 Sobey Rd R and S Donzelli Occupant Occupant 14268 Sobey Rd 14358 Cordwood Ct 14137 Sobey Rd James Cremona Occupant Occupant 14416 Old Wood Rd 14336 Cordwood Ct 14341 Sobey Rd R & M Schneider Occupant Occupant 14425 Sobey Rd 14307 Old Wood Rd 14251 Sobey Rd A & T Falcocchia The Marshalls Occupant 1425 Old Wood Rd 14270 Old Wood Rd 14226 Sobey Rd Occupant The Sakujas Andy Barnes 14372 Old Wood Rd 14692 Sobey Rd 14377 Old Wood Rd FEB 1 0 2004 CITY OF SARATOGA PROPERTY MATTERS 2/11/04 PLANNING COMMISION CITY OF SARATOGA DEAR SIR; WE ARE"WRITING TO ECHO THE SENTIMENTS EXPRESSED IN THE LETTER DATED 2/8/04 FROM-THE WALKERS CONCERNING THE PROPERTY ON OLD WOOD ROAD.WE ARE CERTAINTLY NOT HAPPY WITH THE PROSPECT OF HAVING TWO FAMILIES LIVING ON PROPERTY ADJACENT TO US.WE ALSO UNDERSTAND THAT MR. BARNES HAS HAD THE ORIGINAL STRUCTURE REPAINTED LEADING TO THE LOGICAL CONCLUSION THAT HE EXPECTS OR HAS BEEN GRANTED A WAIVER. IN THIS CONNECTION, WITHIN THE PAST TWO WEEKS, WE WERE NOTIFIED BY YOU THAT THE OWNERS OF THE PROPERTY AT "~14~3 ~flBEY=32aAii~'WERE REQUESTING A WAIVER OF THE DWELLING SIZE RESTRICTION TO ADD APPROX. 330 SQ. FT. OF LIVING AREA. THIS NOTICE CAME MORE THAN TWO MONTHS AFTER THE REMODEL HAD COMMENCED AND IT APPEARS AS IF THE NEW FOOT- PRINT OF THE HOME HAS BEEN COMPLETED.AGAIN,IF THIS IS TRUE,THE LOGICAL CONCLUSION IS THAT THE OWNERS EXPECT OR HAVE BEEN GRANTED A WAIVER. WE WOULD APPRECIATE YOUR COMMENTS ON THESE MATTERS. YOURS TRULY, - BOB AND SHIRLEY DONZELLI -. 14268'SOBEY ROAD SARATOGA, CA. 95070 CC• -- THE' WALKERS 14415 OLD WOOD ROAD SARATOGA, CA. 95070 • Page 1 ~~~ ~ ° 2004 ~~~~ ~~ ~ARATOGA .. -.~ City of Saratoga February 25, 2004 Community Development Department , 13777 Fntitvale Avenue Saratoga, CA 95070 Attention: Planning Commission Re: NOTICE OF HEARING We are in receipt of a Notice Of Hearing scheduled for Wednesday, the 25~' day of February 2004, at 7:00 p.m. regarding Application #03-269 (397-03-057) ASHAY, 14403 Sobey Road We are pleased to see such due diligence exhibited by the Planning Department to keep our neighbors and us fully apprised of any and all variations relevant to our Municipal Codes in a timely and effective manner. Recently, our neighbors in close proximity and eve received a letter directed to the Planning Commission regarding our next-door neighbors; Mr. And Mrs. Andrew Barnes at 14377 Old Wood Road, citing a serious Municipal Code variation. A copy of that letter is attached for reference. If there is any merit to this allegation, we look forward to the continuing due diligence of the Planning Commission to apprise our relevant neighbors and us with a planned, timely, and proper Notice Of Hearing. Thank you for your attention, time and action in addressing this matter. Sincerely, Vito A. DiMucci 14343 Old Wood Road (since 197 ) Saratoga, CA 95070-5631 Phone: 370 3421 Email: dimhccva;dprodi~~-.net BettyJane DiMucci ~, Copies to: The Saratoga News 14800 Los Gatos Blvd. The Saratoga News Mr. & Mrs. Said Sahadi 14800 Los Gatos Blvd. 14307 Old Wood Road Mr.& Mrs. David Sant Ms. Loretta Hillig 14211 Old Wood Road 14372 Old Wood Road Mr. & Mrs. Dan Marshall Occupant 14270 Old Wood Road 14394 Old Wood Road Occupant Mr. & Mrs. Andrew Barnes 14233 Old Wood Road 14377 Old Wood Road Occupant Cremona Family 14292 Old Wood Road 14416 Old Wood Road Ms. Gemma Falcocchia Occupant 14275 Old Wood Road 14336 Cords;good Court Mr. & Mrs. Anthony Bozini Mario & Meriam 14314 Old Wood Road 14358 cordwood Court • • Mr. & Mrs. Nelson Walker 14415 Old Wood Road Mr. & Mrs. Sakajus 18692 Sobey Road Occupant 14138 Sobey Road Occupant 14226 Sobey Road Occupant 14251 Sobey Road Mr. & Mrs. Robert Donnzelli 14268 Sobey Road Occupant 14341 Sobey Road Mr. & Mrs. Schneider ~, ~ ~ ~ ~ ~n 14425 Sobey Road U MAR 0 - 2004 cl~~~ ,~,~,..~., ~,-,,r-, „~, - ... ~ w Planning Commission-,' ~ Feb 8, 2004 City of Sart~to~a Dear Sir L+fe understand that our neighboY~ Mr Andy Barnes has submitted a request to the Commission tq gr•hnt hiu- a wa~vet' which would allow hiin to keep the second dwelling do his property in vi.olA~ion of code restricting the number of dwellings on a one acre prp~rty, and also its violation of the .drlginal agreement with, the City tq destroy the old original dwelling after completion of the new dwelling. • We wish to notify you pf our strong objections to this intentional violation of longstandincj sound planning code pol~.cy which protects the value of ail pr'PpertisS in the neighb9rhood. Furthermore, we suspect that this waiver requ(eat was the origfna2 intention of Mr $arnea, and that his plan was ell aloa-i~.to ask for the waiver gf~er his neiu home was completed, expectipg that he could prevail on the Commission to grant the waiver out bf sheer indifference ilftet the fac't:. We are certain that you are fully aware that granting this waiver xequest would set an ssctremely bad precedent for Saratoga, and we urge yqu to deny the request. By copy of this letter to many neighbors (and to 3+ir 8arnes)~ >,+e. are soliciting their Help in urging the Commission tp deny the Yequest and to require compliance to code. L~T'$ $TICK '3'O ~'HE RULESI Yours truly, Nelson 6 Schottie Naik¢r 14415 Old Wood Rd Saratoga, CA 95070 ph: 867-2401 ne1s96@pacbell.net CC: The Saratoga News D.& D Sant Occupant 14800 Los Gatos Blvd 14211 Old good Rd 14138 Sobey Rd V and $ AiMucci Occupant occupant 14343 Old Wood Rd 14394 Old Wood Rd 14183 9obe1- Rd R and S Donzelli occupant Occu~iant 14268 Sobey Rc~ 14358 Cordwood Ct 14137 Sobey Rd James Cremona Occupant Occupant 14416 Old Wood Rd 14336 Cordwood Ct 14341 Sobey Rd R & M Schneider Occupant Occupant 14425-Sobey Rd 14307 Old Wood Rd 1425],-Sobey Rd A 6 T Falcocchie The Marshalls Occupant 14275 Old Wood Rd 14270 Old Wood Rd 14226 Sobey Rd Occupant . The Sakujas Andy Barnes 14372 Old Wood Rd 14692 Sobey Rd 14377 Old Wood Rd v ~~~~~ • Attachment 5 • v ~~~~~ Jan. 22, 2005 ~~ ~ J~~ 2 ~- 2005 FM: Andrew Barnes 4 Quarters Investment Company c_T~~ ~ SA~.4TCGA _ 14377 Old Wood Road Saratoga, Ca. 95070 TO: Ms. Ann Welsh Associate Planner City of Saratoga 1377 Fruitvale Ave. Saratoga, Ca. 95070 Ref: Application #04-216, 14377 Old Wood Road In Response to Your Letter of Jan. 21.2995 Dear Ms. Welsh: Again, I am in total disagreement with you. I am.not going to resubmit the plans to you. They more than conform to the requirements as specified in the Ordinance. As I read the Ordinance, and as so do many other people including my Architect, that I am allowed to keep the structure as is. In fact I have spent several thousands of dollars in order to comply with the Ordinance. I am not going to re-label anything that would change the actual facts in this matter as .you have requested. It is not a "Modification of approved plans" in actually it is a "Remodel of an existing Second Dwelling Unit". I believe the State of California has enacted specific laws that allow secondary dwellings, and they have encouraged people and Cities to enact ordinances to allow them. I believe that the City of Saratoga's ordinance was enacted to conform to this new law. And that the general plan was changed to conform to this new law. As I read the Ordinance I believe that I fall under the statue of existing dwelling and should be grandfathered. The dispute arises from the change and the enactment of the ordinance during construction of the new dwelling. The new dwelling is not a fu116,200 as you say. It is actually only 5,230 which does not include the detached garage. Also I had to pay a penalty of over 200 sq. ft. because of the height of the foyer as this is a two story house, and that you have since waived that requirement in several new applications. Since you have waived that requirement in other applications, I hereby request that you waive that requirement in this case. Also the Ordinance allows for Garage and that it is not counted in the allowable square footage. Since I believe that you wrong in this matter, I hereby request that you put my application on calendar so that the Planning Commission or City Council can decide this matter. Regards, ~.--.-_-~~ --Andrew Barnes cc: Terry Martin • Attachment 6 C7 ~~~~~~ • • • 1~rc~pas~~ ~~~ Die{1~~~ t~t~; ~' it cs ~.n„ y"+'~,' ' . ~ ~ ~ ~ ~ ~" r t ' ~F ~ 4 Y ~a, - JK 4 ~ a Y4? x~ '' '~ ~ ti ;r - -~ ~ s ~ .~- . ~ s, '~ ~ ~' 1' ~ ~ ~ j 3 ~ ~. ~'C'~...""'t,,,~ ~~, ~ ~~r ' ' ~ ~Y ` ~~~ ~ ~ , a `` ~ ~ ~ ' ~ i .~ . '~ v .~c * ' rte. a z . ,. , . r ~. . _ _ ~ . ..y, - _ i . _ ~ ~ _ n ( . ~ q ... ., _ R ~' - - .. ;~ ' .. f -~ ~, ~ .. -- t - _.. _._ .. ,.,., _ '~ f ~ ~ x. b~ Z~'S~gFMi _ + 1 1.- _ r.... - ' a k~K ~I~o. ~ qtr \~, ~,< ~ ~ i 4s~ . 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