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05-11-2005 Planning Commission Packet
CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, May 11, 2005 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fnaitvale 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: \TOne STAFF: Planners Welsh ~ Ungo-McCormick, Director Livingstone and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of April 27, 2005. (APPROVED 5-0-2) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regarding Oral Communications under Planning Commission direction to Sta f f. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 5, 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 #03-272 (503-80-O1), SHANKAR, 22461 Mount Eden Road; -Requests Design Review Approval to build a new two-story house on a Santa Clara County parcel, which abuts the City boundary and is proposed for annexation to the City. The Hillside Residential lot contains 1.89 acres and has a 28% slope. The house contains 5,188 square feet with a 2,570 square foot garage basement, a 533 square foot second dwelling unit and conversion of the barn into a -~. 592 square foot cabana. The height of the house is 25 feet 11 inches as measured from natural grade. (ANN WELSH) (APPROVED 7-0) 2. APPLICATION #05-012 (398 05 001) JOSEPH, 13001 Anza Drive; -Request Design Review Approval to remodel an existing single-family home to include an 1,175 square foot addition and to exceed the 18 foot height limits. The total floor area of the existing residence and proposed addition is 3,877 square feet. The maximum height of the proposed residence is 19.41 feet. The gross lot size is 16,804 square feet and zoned R-1-12,500. (DEBOR<~.x LINGO-MCCoRMICx) (APPROVED 7-0) 3. APPLICATION #04-398 (503-19-117) YUNG 20673 Rice Court -The applicant requests design review approval to construct asingle-story, single-family residence. The project includes the demolition of an existing residence. The total floor area of the proposed residence and garage is 5,465.43 square feet. The maximum height of the proposed residence is 23.6 feet. The lot size is approximately 40,376.75 square feet and the site is zoned R-1 40,000. (DEBORAH L1NG0- McCoRMicx) (APPROVED 7-0) DIRECTORS ITEM - None COMMISSION ITEMS - i~?one COMMUNICATIONS - None ADJOURNMENT AT 8:35 P.M. TO THE NEXT MEETING - Wednesday, May 25, 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 ctclerhC~saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on May 5, 2005 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available forpublic review at that location. The agenda is also available on the City's website at ww~v.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to lanning@sarato ag, ca.us CITY OF SARATOGA PLANNING COMMISSION .~ -SITE VISIT AGENDA DATE: Tuesday, May 10, 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, MAY 11, 2005 • ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #05-012 - JOSEPH Item 2 13001 Anza Drive 2. Application #04-398 - YUNG Item 3 20673 Rice Court 3. Application #03-272 - SHANKAR Item 1 22461 Mt. Eden 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 and/or owner to be present to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the Public Hearing. • i CITY OF SARATOGA PLANNING COMMISSION AGENDA ' DATE: Wednesday, May 11, 2005 - 7:00 p.m. PLACE: Council Chambers/Civic Theater,13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Comrriissioners 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 27, 2005. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regarding Oral Communications underPlanning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May S, 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 #03-272 (503-80-O1), SHANKAR,. 22461 Mount Eden Road; -Requests Design Review Approval to build a new two-story house on a Santa Clara County parcel, which abuts the Ciry boundary and is proposed for annexation to the City. The Hillside Residential lot contains 1.89 acres and has a 28% slope. The house contains 5,188 square feet with a 2,570 square i~ foot garage basement, a 533 square foot second dwelling unit and conversion of the barn into a 592 square foot cabana. The height of the house is 25 feet 11 inches as measured from natural grade. (ANN WELSH) 2. APPLICATION #05-012 (398 05 001) JOSEPH, 13001 Anza Drive; -Request Design Review Approval to remodel an existing single-family home to include an 1,175 square foot addition and to exceed the 18 foot height limits. The total floor area of the existing residence and proposed addition is 3,877 square feet. The maximum height of the proposed residence is 19.41 feet. The gross lot size is 16,804 square feet and zoned R-1-12,500. (DEBORAH UNGO-MCCORMICK) 3. APPLICATION #04-398 (503-19-117) YLTNG 20673 Rice Court =The applicant requests design review approval to construct asingle-story, single-family residence. The project includes the demolition of an existing residence. The total floor area of the proposed residence and garage is 5,465.43 square feet. The maximum height of the proposed residence is 23.6 feet. The lot size is approximately 40,376.75 square feet and the site is zoned R-1 40,000. (DEBORAH UNGO- M000RMICK) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, May 25, 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 make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificateof Postingof Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on May 5, 2005 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us • If ou would like to receive the A enda's via a-mail, lease send our a-mail address to planning@sarato a.cga.us_ y g P Y • MINUTES SARATOGA PLANNING COMMISSION ~~e ~~ DATE: Wednesday, Apri127, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Nagpal called the meeting to order at 7:02 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Kundtz, Nagpal, and Rodgers Absent: Commissioner Uhl and Schallop Staff: Director John Livingstone, Associate Planner Christy Oosterhous, Associate Planner Ann Welsh, Associate Planner Lata Vasudevan and Code Enforcement Officer Jana Rinaldi PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of April 12, 2005. Motion: Upon motion of Commissioner Bunter, seconded by Commissioner Kundtz, the Planning Commission minutes- of the regular meeting of April 12 2005, were adopted as submitted. (4-0-2-1; Commissioners Schallop and Uhl were absent and Rodgers abstained) ORAL COMMUNICATION There were no Oral Communication Items. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on Apri121, 2005. REPORT OF APPEAL RIGHTS Director John Livingstone announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b); 10 days for Conditional Use Permits. • Planning Commission Minutes for April 27, 2005 CONSENT CALENDAR There were no Consent Calendar items. *** PUBLIC HEARING -ITEM NO.1 APPLICATION #OS-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 the new home would be 17 feet, 10.5 inches. The lot size is 19,724 square feet and is located in the R-1-20,0000 zoning district. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the appellant has appealed an Administrative Design Review approval to allow the construction of a 3,702 square foot home with 736 square foot garage. The proposed home consists of beige stucco. • Informed that the appellant lives across the street from this property and wrote a letter indicating his concerns that was included in the staff report. The appellant provided an additional letter yesterday during the site visit. • • Explained that staff has drafted an additional condition that would limit the height to three feet for any landscaping at the front corner portion of the property to prevent any blind corner conditions at the corner of Shadow Oaks Way and Woodview Lane. • Stated that the proposed home meets the City's requirements. • Said that staff has prepared a draft resolution and recommends that the Commission adopt this resolution denying this appeal and upholding the Administrative Design Review approval. • Advised that the Planning Commission's action on this request is final. • Provided a technical correction to page four of her staff report so that the stated date is November 15, 2004, instead of 2005. Commissioner Hunter asked why the existing wrought iron fencing could not be retained. Planner Lata Vasudevan advised that during construction of a new home, opaque construction fencing with asix-foot height is required to obscure the construction site from the immediate area. The existing wrought iron fence is not opaque. Commissioner Hunter clarified that this fencing would not be allowed to be retained any way Planner Lata Vasudevan replied correct. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Mr. Jim Borden, Appellant, 14091 Shadow Oaks Way, Saratoga: • Thanked the Commfission for hearing him out, saying it was an honor to appear before them. • Reported that he had been asked by his neighborhood to act as their spokesman and/or scribe. Page 2 Planning Commission Minutes for April 27, 2005 Page 3 • Informed that his neighborhood is a mixture of both young families and retirees, many of which could not attend this hearing. • Stated his hope that this Commission cares about this neighborhood full of lawns, trees and shrubs. The homes in this neighborhood were originally built at about the same time. • Declared that he has a passion for safety at that corner of Shadow Oaks and Woodview. • Reported that cats have been killed on that corner, including his own. Additionally, his son was in an automobile accident near this corner and was nearly killed. • Said that he was surprised when construction fencing appear at this property across the street from his. • Reiterated that this is an area of lovely streets with similar homes that are different but still the same. The Shadow Oaks Tract was built in 1955 but no single builder built more than two homes in this tract. • Added that anyone that has rebuilt in this neighborhood has rebuilt in the same style. He added that he rebuilt his own home a few years ago but it does not look new. Rather, it fits in the character of the existing neighborhood. The home next door was also rebuilt identically to the original home and has the same feel. It has the same look, feel and architectural integrity as when originally constructed. • Pointed out that in this neighborhood people are out walking their dogs all day long. This is a gorgeous street. • Stated that his issue with this project is the setback distance. • Opined that while on the plans, the setback from Shadow Oaks is stated as 22 feet, he measures it as 18 feet, which would create a visual impairment from the street. • Said that there is a six-foot high wood fence to be located from Woodview. • Explained that the front of this proposed new home has been moved from Shadow Oaks to Woodview. • Stated that there was some confusion with addressing in the notifications, using both 14110 and 14118 Shadow Oaks. This confusion is one reason why people were not properly notified. • Said that he finds the existing wrought iron fencing to be fine but does not understand why construction fencing is required. • Said that this creates a blind comer. Drivers cannot see around this house especially as cars are likely to be parked near the front door, along the street. • Stated- that this new home is two-and-a-half times larger than the original and is seven feet higher. It goes from its current 15-foot height to a 22-foot height. The house, at the proposed 113.5 feet in length, is also twice as long as most homes in the neighborhood. • Said that this home is located as close to the front as it can get. The proposed stucco and faux stone are not compatible to the predominate use of wood. • Declared that he and his neighbors care about their neighborhood's appearance and safety. Commissioner Hunter questioned the 22-foot setback confusion. Mr. Jim Sorden reported that a staff member that is no longer with the City approved this project. He said that the side yard setback stated on the plans is at 22 feet but is actually only 18 feet. Commissioner Kundtz asked if the applicant came forward with his neighbors to discuss his intentions to rebuild him home as part of the design process. Planning Commission Minutes for Apri127, 2005 Page 4 Mr. Jim Sorden advised that he had tried for six months to see if anything was planned after he saw a surveyor working on site in July. Said that no attempt was made by the applicant to contact the neighbors and the neighborhood was aware of plans only when the construction fencing was put up. Commissioner Rodgers asked where Mr. Jim Sorden measured the-side yard setback. Mr. Jim Sorden: • Advised that the architect is the one who provided the 22-foot setback measurement on the plans but it appears that the architect did not measure from the point that was closest to the property line. • Said that this proposed structure is big and bulky and would be real close to the street. Commissioner Rodgers asked if anyone measured to verify the setback. Mr. Jim Sorden said he had done so using a laser level. Chair Nagpal asked staff about the setback requirement. Planner Lata Vasudevan said that as explained on Page 3 of the staff report, this is a substandard lot width. The required exterior side yard setback, along Shadow Oaks Way is 20 feet. The side yard setback from Woodview is 10 feet. She added that bay windows are allowed to protrude into a required setback by up to two feet. Mr. Vince Kubo, 14121 Shadow Oaks Way, Saratoga: • Explained that he has lived in this neighborhood since 1990. • Stated that he served as a police officer for 30 years including traffic enforcement. • Said that there is potential for a blind intersection situation at this corner. • Suggested that this home be place far enough away so as not to create a blind intersection because as currently proposed it would create a blind intersection. • Said that while progress cannot be stopped, public safety issues must be paramount. • Suggested the inclusion of either a Stop Sign or posting a reduced speed sign at 15 miles per hour to alleviate any impacts. • Asked the Commission to endorse that suggestion to the City's Safety Committee. • Reminded that the feel of this neighborhood incorporates large front yards: • Reiterated his belief that this new home would encroach on the intersection. Commissioner Kundtz asked Mr. Vince Kubo if the community's CC&Rs are relied upon and reviewed on a regular basis by members of the community. Mr. Vince Kubo replied no. There have been no continual neighborhood meetings. Commissioner Cappello asked Mr. Vince Kubo if, in his opinion, the existing home is placed satisfactorily so as not to create a blind intersection. Mr. Vince Kubo said that it is borderline. There is lots of existing foliage so there is not a clear and unobstructed view. But it meets the spirit of the law. Planning Commission Minutes for April 27, 2005 Page 5 Ms. Virginia McPherson, 14171 Woodview Lane, Saratoga: • Stated that she lives three houses away from the project site. • Said that she is glad that someone is taking an interest in updating this home as this corner is the entrance to their street. • Said that her primary concern is the safety of that corner at Shadow Oaks and Woodview. • Reported that there are seven children under the age of 10 living on the street and playing on the street. • Said that this corner is already an issue with the overgrown foliage. • Stated that neighbors are careful and drive slowly in this area but that the corner should be open. • Pointed out that the current front entrance for this property is on Shadow Oaks. The proposed home has a proposed front entrance at the corner. This would result in people parking at the corner to be near the front door when visiting this property. • Said that having cars parked there would create a visibility problem for the neighbors that walk and ride bikes. • Asked that the safety of this corner be assured. Ms. Rachel Frame, Project Designer: • Said that she planned this structure and is representing the property owners. • Thanked the Commission and staff for their patience with this project. • Reminded that this is the third time this project has been heard. It has been approved twice. • Assured that she and her clients are very concerned with fitting into this neighborhood. They have proposed asingle-story home with no basement that meets all City standards. • Added -that they plan to clear out the corner area of brush and open up visibility and the existing wrought iron fencing is coming down. • Said that her clients want to keep as much natural landscaping as possible on this parcel and trees will be protected during construction. • Advised that the existing turnaround driveway would be eliminated and less impervious surface would be contained on site. • Reminded that the Planning, Building and Public Works Departments have already approved this project. • Stated that she expects that the Commission will approve this plan again this evening. • Thanked the Commission for its time. Commissioner Rodgers asked Ms. Rachel Frame where the front of the proposed house is defined. Ms. Rachel. Frame replied on the corner. Chair Nagpal asked Ms. Rachel Frame if the front is considered to be on Shadow Oaks or Woodview. Planner Lata Vasudevan replied that where there is the shorter lot line, which in this case is Woodview. Director John Livingstone said that there are three different items to consider, the Zoning Ordinance, site design and the Building Official, working with Fire, who assigns addresses The front door itself can be put wherever the property owner likes and not necessarily on the designated front elevation. Planning Commission Minutes for Apri127, 2005 Page 6 I i Commissioner Hunter questioned that nothing requires the front door to be located at the front elevation of a house. Said that traditionally, front doors are found at ~ithe front elevation. She asked how that happened. Ms. Rachel Frame said that the way the lot is configured here, it makes more sense to put the front door where they have placed it, at the corner. She added that she believes it is illegal to park on a corner and that the Safety Committee could have that curb painted red to prevent such parking. Commissioner Rodgers asked Ms. Rachel Frame for the purpose of the six-foot high fence to the right of the front door. Ms. Rachel Frame replied that this fence is located 30 feet away from the street and is intended to create privacy for the rear yard. Without this fence there would be complete visibility into the back yard. Commissioner Rodgers pointed out that the CC&Rs prefer a lower fence. Chair Nagpal asked if plan sheet C-1 reflects an accurate representation of the proposed fence placement. Ms. Rachel Frame replied correct. Commissioner Hunter clarified for Ms. Rachel Frame that the Planning Commission has never yet considered this project because it was lower than 18 feet in height and as such underwent Administrative Design Review. Commissioner Rodgers asked about the proposed fencing materials. Ms. Rachel Frame replied redwood. This is to match the existing fence on the other side of the home. Commissioner Hunter asked Ms. Rachel Frame if it would be possible to move this house back toward Saratoga Avenue so as not to be so close to that corner. Ms. Rachel Frame advised that they are trying to save mature existing trees along the driveway. These trees would have to be torn down to relocate the house. Commissioner Hunter pointed out that moving the house back would be one way to alleviate the neighborhood concerns. Ms. Rachel Frame pointed out that the difference in front setback for the new house is only two feet closer than the existing house's front setback: Commissioner Cappello said he does not see it that way. Ms. Rachel Frame said that that existing house, from the front corner closest to Woodview and Shadow Oaks, is 47 feet from Woodview. The new home would be 45 feet from Woodview. Planning Commission Minutes for Apri127, 2005 Page 7 Commissioner Cappello said he does see what Ms Rachel Frame is saying now. Ms. Caron Whitacre, 14070 Shadow Oaks Way, Saratoga: • Said that she is very concerned about blind spots. • Advised that she has two teenaged drivers, including one new driver. • Said that she has warned them to be very careful at this corner as there is lots of traffic from Redwood School in this neighborhood. • Stated that her second concern is the proposed size of this house. • Reminded that this is a nice rural neighborhood and the existing ambiance needs to be kept the way it is. • Said that the new neighbors should be able to remodel as others in the neighborhood have done but should match the existing neighborhood. Ms. Fleur Kettmann, 19406 Vineyard Lane, Saratoga: • Said that she often walks the streets of Saratoga. • Said that the size of this house is of concern as it clashes with the beautiful and unpretentious architecture of the existing homes. Mr. Jie Chen, Applicant and Owner of 14118 Shadow Oaks Way, Saratoga: • Thanked the Commissioners for holding this hearing. • Said that they have taken lots of time to consider safety issues. • Assured that they will be cleaning up the bushes in order to open up visibility at the corner. • Pointed out that a neighboring fence is located just two feet from the street. • Said that Saratoga is a beautiful City that he loves. Commissioner Hunter pointed out that the side of Mr. Chen's new home would face Shadow Oaks. She asked Mr. Jie Chen if there would be any type of screening between the house and street. Mr. Jie Chen replied that there would be landscaping. Commissioner Hunter stressed the importance of having a clear view from the street. Mr. Jie Chen assured that there would be no fence along this side frontage facing Shadow Oaks. Mr. Jim Sorden, Appellant: • Thanked the Commission for this evening's hearing of his appeal. • Declared that the bulk and design of this home does not fit within this neighborhood. • Said that the front of this house should be on Shadow Oaks. • Pointed out that all other homes in the neighborhood are set back between 50 and 70 feet away from the street. • Stated that if it is true that this project has been approved twice by the Planning Department, he is outraged. How can it be approved if the neighbors never heard about the proposal. • Reminded that this is a dangerous intersection and that Dr. Chen and the City would be responsible if a blind intersection is created and someone is subsequently hurt there. • Added that he does not want to see any more dead animals there or endangered children. • Advised that he has worked with the Safety Committee in the past. Planning Commission Minutes for Apri127, 2005 Page 8 • Added that a stop sign would not needed if this house is correctly positioned on this lot. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Cappello: • Said that staff has looked at this plan and found the setbacks to be based upon Code requirements. • Suggested that safety requirements could be imposed in cases such as a corner lot. • Asked if any other codes other than Planning regulations are considered. Director John Livingstone said that each application is considered on a case-by-case basis. There are standard setback requirements and the applicant is meeting all such standards. He added that findings must be made for approval and/or denial of this request. Chair Nagpal reminded that approval or denial is based upon Design Review findings. Commissioner Rodgers: • Said that neighbor concerns appear to be threefold. First is traffic and safety. Second is the aesthetics of the proposed home. Third is the Code Requirements such as setbacks. Chair Nagpal suggested handling each of the issues separately, staring with safety issues. Commissioner Hunter: • Stated that there is a safety issue with the placement of the front door at the corner. • Said that there is a natural tendency for visitors to park on the street nearest the front door. • Said that in her opinion it is unfortunate not to have the front door facing Shadow Oaks. Commissioner Cappello: • Said that it is hard to make assessments based upon safety. Agreed that a home that would leave the entire corner unobstructed would be safest. Said that he finds it hard to find this particular home design and placement to be unsafe. Commissioner Rodgers: • Said that the Commission has been told that this project meets the City's minimum standards. • Said that she is not sure the necessary view triangle is provided here. • Reminded that this is not supposed to be a high-speed street. • Suggested that something be done to keep the landscaping and walls low near the corner. • Said that sheds fine with the project. • Stated that she is trying to understand how people come out of Woodview onto Shadow Oaks. • Said that by keeping things lower than three feet, the visibility from the corner should be clear and may be acceptable. • Said she is not aware of the requirements regarding how far people must stay back from a corner when parking.. Planning Commission Minutes for Apri127, 2005 Page 9 Commissioner Kundtz said he couldn't separate the size and density of the home with safety but that managing the shrubbery can cure the size and density. Chair Nagpal agreed that safety is a very serious consideration but that this Commission could not do a whole lot with what has been said. The Commission must consider Design Review issues. Added that this new home is not significantly closer to the corner than the existing home. Commissioner Hunter: • Said that she knows this house well as her child played there often as a youngster. • Said that this neighborhood is a beautiful one and that house designs have stayed the same in this entire neighborhood. She agrees with Mr. Borden's assessment of that fact. • Said that with the side elevation facing Shadow Oaks and the maximum height of 17.5 feet, she does not find this proposed home to be excessively bulky nor does it change the feel of this neighborhood. • Stated that she would like to see some redesign since when a large number of neighbors have a problem with a project in their neighborhood, she hears them. • Said that what is seen is a very long side view of a house as one enters Shadow Oaks. She would like to see the house moved back on the lot instead of a 113.5 foot side yard elevation located right on the street. Commissioner Cappello: • Said that the home does not appear to be excessive when compared to others in the neighborhood. It does not appear to be bulky. • Added that this seems to be a lovely home that would fit into this neighborhood. There are other homes in the neighborhood that also have a newer look. • Reiterated that he has no issues with bulk. Chair Nagpal sought clarification from staff that the Woodview elevation is the front and that the Shadow Oaks elevation is the right elevation. Planner Lata Vasudevan replied correct. Commissioner Rodgers: • Called out the building materials as stucco with stone veneer and wood shutters. The side elevation (along Shadow Oaks) consists of stone veneer beneath stucco, as does the front elevation (along Woodview). • Pointed out that design guidelines call for articulation when houses are long. This house design provides that articulation. • Said that while she wishes the house's frontage faced Shadow Oaks, it meets the requirements regarding bulk. It is not much taller than the existing home. Chair Nagpal: • Said that she too prefers the concept of frontage on Shadow Oaks. If so, the side elevation would be along Woodview. • Said that the project includes articulating rooflines, stone veneer and shutters. The intent of the Design Review findings has been met. Planning Commission Minutes for Apri127, 2005 Page 10 • Advised that it would be difficult to make the findings necessary to deny this design. • Stated that she tends to support staff's recommendations. ~', Commissioner Hunter pointed out that there are no similar turret type entryways in this neighborhood. Chair Nagpal asked what the height is for that feature. Planner Lata Vasudevan replied 17 feet. Commissioner Hunter pointed out that usually entries are limited to 16 feet in height. Commissioner Cappello reminded that the turret is recessed in such away- as to minimize its impacts. Additionally, no one from the neighborhood raised the issue of this turret. While it is an unusual entry for this neighborhood, if neighbors found it objectionable, objections would have been raised. Commissioner Rodgers said that this is a remarkable neighborhood with remodels that have been consistent with original designs. She added that the turret is actually not even visible from Shadow Oaks. Chair Nagpal suggested moving on to the third issue. Commissioner Rodgers: • Stated that having asix-foot high fence along Woodview Lane is not necessarily compatible. This is not a neighborhood that closes off front views with six-foot high fences. Commissioner Kundtz said that from his perspective this is a lovely designed home. While it includes features that are seen elsewhere in Saratoga, some of those features may be inconsistent with this neighborhood. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission voted to deny an Appeal and uphold the Design Review to allow the construction of a new home at 14118 Shadow Oaks Way, with added conditions to: 1. Fences shall be as represented in Plan Sheet C-1, with six-foot redwood fencing to be located 30 feet away from the street; and 2. Temporary construction fencing shall be open chain link, by the following roll call vote: AYES: Cappello and Nagpal NOES: Hunter, Rodgers and Kundtz ABSENT: Schallop and Uhl ABSTAIN: None This motion failed. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission considered the denial of an Appeal and to uphold the Design Planning Commission Minutes for Apri127, 2005 Page 11 Review to allow the construction of a new home at 14118 Shadow Oaks Way, with added conditions to: ' 1. Fences shall be as represented in Plan Sheet C-1, with redwood fencing -not to exceed three feet in height along Woodview Lane; and 2. Temporary construction fencing shall be open chain link. Commissioner Rodgers withdrew this motion. Chair Nagpal re-opened the Public Hearing- for Agenda Item No. 1. Mr. Jai Chan: • Advised that this fencing is to create privacy and is located 30 feet from the front property line. • Reminded that the existing wrought iron fencing is to be removed. Mr. Jim Sorden: • Stated that having the new home located 25 feet closer to Woodview is a significant impact. • Added that he did not believe that the home could not be moved further back on the lot. Chair Nagpal re-closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the . Planning Commission voted to deny an Appeal and uphold the Design Review to allow the construction of a new home at 14118 Shadow Oaks Way, with added conditions to: 1. Fences shall be as represented in Plan Sheet C-1, with six-foot redwood fencing to be located 30 feet away from the street; and 2. Temporary construction fencing shall be open chain link, by the following roll call vote: AYES: Cappello Nagpal and Rodgers NOES: Hunter and Kundtz ABSENT: Schallop and Uhl ABSTAIN: None The motion passed and this action is final. *** Chair Nagpal announced that she would need to recuse herself from Agenda Item No. 2 as she lives within noticing distance. She turned the gavel over to Vice-Chair Rodgers and left the dais and Council Chambers. Acting Chair Rodgers assumed the gavel and-began Public Hearing Item No. 2. Director John Livingstone took a moment to introduce the City's new Code Enforcement Officer, Ms. Jana Rinaldi. PUBLIC HEARING -ITEM N0.2 Planning Commission Minutes for April 27, 2005 Page 12 APPLICATION #OS-099 (397-15-018) California Farmers' Market Association, 14000 Fruitvale Avenue: Request approval for a Conditional Use Permit allowing the California Farmers' Market Association to hold a Farmers' Market in the parking lot area of West Valley College, Saturdays year round. (DANA RINALDI) Code Enforcement Officer Jana Rinaldi presented the staff report as follows: • Advised the applicant is seeking approval of a Conditional Use Permit to allow a Farmers' Market to be held in Parking Lot #3 at West Valley College. • Explained that this market used to be held at Saratoga High School but that location is no longer available after May 14a'. • Said that the applicant is hoping to establish at West Valley College effective May 14`x. • Described the market as being held every Saturday with 40 to 65 vendors. The applicant has secured an agreement with West Valley College to lease Parking Lot #3 for a market to be held from 9 a.m. to 1 p.m. with 87 stalls: The maximum allowed number of vendors would be 72. • Explained that outside markets are not listed as allowed uses in R-1 zoning districts under City Code. However, the Community Development Director may make the determination that certain types of activities are compatible as a community function. • Advised that a trained market manager will be on site from 7 a.m. to 3 p.m. • Said that noise mitigations include keeping the market separated from the residents on Allendale. Set up is not to begin until after 7:30 a.m. There would be no amplified.music allowed. Live music will be permitted but it cannot be amplified. Free parking will be available with a total of 200 spaces being set aside for this market. • Reiterated that the market hours are from 9 a.m. to 1 p.m. each Saturday beginning May 14~'. Again, set up cannot begin until 7:30 a.m. • Advised that the required findings can be found in the affirmative and recommended approval. Commissioner Kundtz asked for verification that set up could not occur prior to 7:30 a.m. Code Enforcement Officer Jana Rinaldi confirmed that fact. Commissioner Rodgers asked where the vendors would be prior to 7:30 a.m. Code Enforcement Officer Jana Rinaldi deferred this question to the applicant. Acting Chair Rodgers opened the Public Hearing for Agenda Item No. 2. Mr. Doug Hayden, Applicant and President, California Farmers' Markets Association: • Thanked the Saratoga-Los Gatos School District. • Explained that the market has outgrown its Saratoga High School location and is graduating and moving on to West Valley College. • Thanked staff, particularly Jana Rinaldi. • Assured that a market manager would be on site at 7 a.m. to serve as a sentry to make sure that no one from the Farmers' Market is on site unti17:30 a.m. • Said that they -would be sensitive to traffic and will use A-frame signs to direct traffic away from Allendale and to the main college entrance on Fruitvale. Planning Commission Minutes for Apri127, 2005 Page 13 • Stated that this is a fabulous site for their market with room to grow, restrooms on site and available shade. Said that he looks forward to moving this market to West Valley College effective May 14~'. Commissioner Hunter said that it was nice to see Mr. Doug Hayden back before the Commission in happy circumstances. She added that she likes the inclusion of live music at the Cabrillo Farmers' Market and finds such markets to be real community events. Mr. Simon Zarrin, 13751 Harleigh Court, Saratoga: • Explained that he lives about a half mile away from the campus and has for the last six years. • Said that he bought into what he thought was a quiet cul-de-sac. • .Said that his neighborhood is impacted by lots of traffic for both West Valley College and Redwood School. This traffic parks in his cul-de-sac. • Stated that he wants to support a Farmers' Market but is concerned about impacts, such as noise and traffic, on his neighborhood. • Said that while this market may start out small, it could grow larger in time. • Suggested that good intentions are not always enforceable. • Reiterated concerns of traffic, noise and future growth. Mr. Cyril Tang, 19127 Allendale Avenue, Saratoga: • Said he lives right across the parking lot from the college, next to the church and has lived in this home for 16 years. • Stated that he enjoys peace and tranquility, particularly on Saturdays and Sundays when college is out of session. • Pointed out that Allendale is busy during the week and that Saturdays and Sundays are the only days when there is peace. • Stated his concern regarding noise and traffic impacts as well as the safety for people out walking. • Said that he was not sure that expansion could be controlled in the future. Acting Chair Rodgers asked Mr. Cyril Tang to clarify where his home is located in relation to the area proposed for this Farmers' Market. Mr. Cyril Tang said that it is located next to the church and cautioned that traffic impacts on Allendale cannot be controlled. Acting Chair Rodgers pointed out that the proposed location of the market is at the corner of Allendale and Fruitvale. Ms. Joy Tsai, 19225 Allendale Avenue, Saratoga: • Reported that her home is located right near the theatre entrance at West Valley where she has lived for 15 years. • Pointed out that Villa Montalvo started out- small and is now very busy. Things -that start out small tend to grow into a larger activity. • Stated that she wants the Planning Commission to be aware of noise impacts on the neighborhood. • Cautioned that people will use Allendale to access this Farmers' Market. Planning Commission Minutes for Apri127, 2005 Page 14 • Said that she supports the college activities from Monday through Friday but that she expects Saturdays and Sundays to be quieter. • Said that customers will be there at 8 a.m. as she has seen that occur at the Saratoga High School market. Mr. Lyle McCarty, 19235 Harleigh Drive, Saratoga: • -Said that he lives close to the area being discussed. He and his wife have been in this neighborhood for 33 years. • Pointed out that he has read that the residents near Saratoga High School have been dissatisfied with the impacts of the Farmers' Market on their neighborhood due to noise, traffic and odors. Acting Chair Rodgers asked Mr. Lyle McCarty if he has any suggestions to prevent these problems. Mr. Lyle McCarty said that those in charge of the Farmers' Market should be aware of these potential impacts and prevent them from becoming a problem. He cautioned that people might end up parking on Harleigh Drive to patronize the market. Acting Chair Rodgers pointed out that there would be free parking on campus for market customers. Mr. Lyle McCarty asked for clarification as to where the parking and market would be located. Commissioner Hunter replied at the corner of Allendale and Fruitvale, near the bus stop. Code Enforcement Officer Jana Rinaldi reiterated that there would be 87 parking stalls dedicated- to market customers at no cost to them. Mr. Brett England, 13896 Yerba Santa Court, Saratoga: • Advised that he is a 10 year resident of the area and lives directly across from the bus station. • Explained that there are eight homes in his cul-de-sac. • Added that in the 10 years he has lived here; there have been substantial changes. In 1998/99 changes were made to the bus stop. While it used to be one stop, he was turned into a huge transfer station. In 2001, VTA constructed an operators' facility, which is a cinder block toilet facility. VTA and the City worked to relocate the original proposed placement of this facility. • Said that the neighborhood is supportive of the Farmers' Market with concerns over safety and logistics. • Pointed out that the proposed location, Parking Lot 3, is located close to the bus stop, Allendale Avenue and to Redwood Middle School. • Suggested that Parking Lot 4, located to the south of Lot 3, has better access and is a bigger lot. It is situated between two entrances and would cause little conflict with residential uses. • Pointed out that there are 10 children residing on his cul-de-sac. • Said that there is no parking permitted on his cul-de-sac on weekdays and that he would like to see this restriction extended to weekends too. • Said that although signage is to be used to direct traffic away from Allendale onto Fruitvale, he would still suggest that the market be located on Parking Lot 4. • Stated that the neighborhood looks forward to having a Farmers' Market nearby particularly if it is moved south and further away from residential uses. Planning Commission Minutes for Apri127, 2005 Page 15 • Pointed out that Fruitvale is a four-lane divided road while Allendale is simply atwo-way road. Access would be improved if Parking Lot 4 were selected. Commissioner Hunter asked if more traffic on Allendale might not result from moving over to Lot 4. Mr. Brett England said no, less traffic would use Allendale. Acting Chair Rodgers pointed out that Lot 4 is the next lot over, further from Allendale. She asked if the use of orange cones helps control traffic and parking on his cul-de-sac. Mr. Brett England said they use cones on weekends when neighborhood children are riding their bikes on the court. While they might help, he continues to encourage traffic using Fruitvale. Ms. Kristie Liddie, 20275 Franklin Avenue, Saratoga: • Said that she is sorry to see the Farmers' Market leave Saratoga High School. • Reported that it has been nice to go over to the market and was a very pleasant experience with great food. • Said that such a market is an embellishment to the community and allows neighbors to talk with neighbors. The market brings people together and is a nice event. • Said that it would be nice to have the market at West Valley College so Saratoga can still have a local Farmers' Market. • Reiterated that the market encourages community bonding and that she would hate to see it go. Commissioner Hunter stated that she absolutely agrees with Ms. Kristie Liddie's comments. Mr. Ted Macouley, 13791 Sena Oaks, Saratoga: • Said that he just found out about the market's relocation to West Valley College and thinks it is a great idea. • Questioned why the market must leave Saratoga High School. Is it their choice? • Said he would like to hear from more neighbors near Saratoga High School. • Expressed support for locating the market at Parking Lot 4, which is further up Fruitvale. • Said that a church is going in near his home and questioned why he was not informed. Is noticing distance 500 feet. Commissioner Hunter: • Replied yes, noticing distance is 500 feet. That's why the Chair could not participate in this evening's hearing on the Farmers' Market as she lives within 500 feet of the campus. • Reported that the Farmers' Market was located at Saratoga High School for nine years. There were noise and traffic issues as it was located on a much smaller space. • Added that there are now too many things happening on the high school campus, including the swim center, sports and a Chinese school. Mr. Ted Macouley asked if other alternate sites were considered. Commissioner Hunter said that West Valley College offered the market an opportunity to not have to charge for patrons to park. Planning Commission Minutes for Apri127, 2005 ~ Page 16 i I Mr. Ted Macouley asked how he might reach neighbors near, Saratoga High School to discuss impacts with them further. Acting Chair Rodgers suggested that Mr. Ted Macouley could read meeting minutes on line from a recent meeting at which the market was discussed to obtain names and addresses of nearby neighbors. Commissioner Hunter assured Mr. Ted Macouley that he would really enjoy the experience of attending the Farmers' Market with his young children. Mr. Bill Cooper, 14503 Big Basin Way, Saratoga: • Explained that increased activity at Saratoga High School was the primary problem with new baseball fields and the PAL Center. The school needed its facilities for educational events. Commissioner Hunter pointed out that the overall pazking available at Saratoga High School is probably less than 200. At West Valley College there aze miles of parking spaces available. Mr. Bill Cooper reminded that the Farmers' Market did not work out when it was at the Village due to parking constraints. Commissioner Cappello asked Mr. Bill Cooper how Parking Lot 3 was selected and use for that space granted by the College. Mr. Bill Cooper said he would defer this question to Mr. Hayden. He reminded that WVC had issues regarding Saturday uses on campus. Mr. Doug Hayden: • Said he had taken notes during the public hearing and wanted to respond to questions raised. • Explained that the issue on use of Parking Lot 3 versus Parking Lot 4 is that by law the college is required to charge for use of its parking. By law, the college had to delineate parking spaces for the proposed Farmers' Market and 200 spaces were determined to be sufficient. The market will pay the college for use of 200 spaces for each week's mazket. • Added that the parking for the market needed to be located away from the Saturday on-campus activities as there are still students on campus on Saturdays. The college didn't want the market too close to where its students park because those students would use up the Farmers' Market free parking and the school would lose its parking revenue generated by those students on Saturday. • Reminded that at Sazatoga High School, the Farmers' Market was originally held at the location where the PAL Center was later constructed. When the market had to relocate on that campus, it was located much nearer to residential uses with less adequate parking. available. Prior to relocating on campus, the market never had any noise issues and/or complaints. The noise issues only arose when it-was located closer to residents. The .combination of uses on site, which included football games and swim meets helped to create the neighborhood parking issue. • Assured that they would have no amplified music and don't envision any noise issues at WVC. The location of the market is well buffered by the 10-foot berm. • Reminded that since the college is in session on Saturday, there is existing traffic. • Added that the main college entrance off Fruitvale is the best pazking available from that direction. He added that he did not think that Allendale would be used much as a means to reach the mazket. Planning Commission Minutes for Apri127, 2005 Page 17 • Stated his belief that the market would generate no more than 120 to 150 cars. • Informed that 132 neighbors were surveyed and letters were sent. There were 49 responses of which only two were negative. • Assured that the Farmers' Market would not become a problem for the WVC area. He does not envision any problems to this area. If problems come up, he wants to hear about it so he can take care of it immediately. Commissioner Cappello asked about smells such as fish when the ice used to keep it cool during the market is thrown out afterwards. Mr. Doug Haden said that the fish vendor has packaged fish product and takes his used ice off site. It is illegal to dump this ice since it was used to preserve raw food product. Acting Chair Rodgers closed the Public Hearing for Agenda Item No. 2. Commissioner Cappello: • Said that this market would be wonderful for this community and offers so many positives. • Stated that there may be some negatives but that the benefits would outweigh any possible negatives. • Stated that he was in favor of the Farmers' Market at this location. Commissioner Hunter: • Reminded that when someone lives near a school, particularly a taxpayer owned facility, they can expect community type events such as this to occur on campus. • Reported that she lives near a school and loves the sounds of joy that emanates from that nearby school. • Declared that the community is lucky to have a facility such as West Valley College, which is such a beautiful facility that has offered its Parking Lot 3 for this Farmers' Market. • Stated that it is an incredible and exciting thing to have this Farmers' Market in Saratoga and that she looks forward to going to it. It will be a real asset and the activities are only occurring at the middle of the day and won't impact adversely. Said this market is a fun thing for the whole community. Commissioner Kundtz: • Agreed that the asset of this market outweighs any liabilities. • Expressed appreciation for the articulate comments from the neighbors. • Assured that Mr. Doug Hayden will not want to have to move the market again and will do his best to mitigate any impacts. Acting Chair Rodgers: • Reported that she had attended a Statewide Planners' Conference a couple of weeks ago and had mentioned the plans for relocation of this Farmers' Market. • Advised that many people expressed astonishment that we were having a problem finding a location for this Farmers' Market. • Commended West Valley College and the sponsors of the Farmers' Market. Planning Commission Minutes for Apri127, 2005 Page 18 • Pointed out that if problems arise, there will be someone there- on site to deal with issues as the occur. • Reminded that if imposed conditions are not met, this market can be reviewed again. • Stated her hope that the Commission and the applicant have met the concerns raised by the neighbors. • Opined that this is the best location that could have been found for this market in this community. • Stated that reviewing the required findings and the imposed conditions can assure that this project is not detrimental to the health, safety and welfare of the community. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission approved a Conditional Use Permit (Application #05-099) to allow a weekly Saturday Farmers' Market at West Valley College at 14000 Fruitvale Avenue, by the following roll call vote: AYES: Cappello, Hunter, Kundtz and Rodgers NOES: None ABSENT: Schallop and Uhl ABSTAIN: Nagpal Director John Livingstone mentioned that there is a 10-day appeal period on this action. *** Acting Chair Rodgers returned the gavel to Chair Nagpal who returned to the Council Chambers and dais following completion of Agenda Item No. 2. PUBLIC HEARING -ITEM N0.3 APPLICATION #04-274 -MetroPCS (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) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that MetroPCS is seeking approval for a wireless facility at the Heritage Orchard and Saratoga Library. • Informed that one antenna would be located within a new flagpole that is 48 feet high. The base of the flagpole is 11 inches wide and the top portion is 7-inches wide. • Explained that the existing trash enclosure at the Library would be enlarged to house the supporting equipment cabinets. • Advised that both the Library Commission and the Heritage Preservation Commission reviewed this proposal. • Said that someone from Kerwin Ranch Court had submitted correspondence citing concerns about potential interference from this equipment with equipment they use. • Assured that this antenna is using a different frequency and there would be no interference with the surrounding neighborhood. Planning Commission Minutes for April 27, 2005 Page 19 • Recommended approval. Commissioner Hunter asked if other places or types of installation were offered. Planner Christy Oosterhous: • Advised that staff had explored different locations for the supporting equipment cabinets but that those other options interfered with the architectural lines of the building or with views from the building. • Added that other installations considered created complications with need for trenching and/or drainage issues. • Said that the project applicant could elaborate on these issues. Commissioner 1Vagpal said that the trend for antennas in flagpoles or fake trees is an interesting phenomenon. She expressed concern about the idea of 50-foot tall flagpoles all over Saratoga. Commissioner Kundtz asked the purpose for an illuminated flagpole. Planner Christy Oosterhous reported that the HPC brought the issue of the United States Flag Codes. If an American flag is left up overnight, that flag must be illuminated. Another option is to take down the flag every evening. Commissioner Hunter asked who would pay to have this flag lighted. Commissioner Rodgers asked who preferred the option of illumination. Planner Christy Oosterhous said that there is no preference per se. The option is to illuminate at night or removed the flag at the end of each day. Chair Nagpal asked for verification that this flagpole would be painted dark brown. Planner Christy Oosterhous replied correct. Chair Nagpal asked if the HPB prefers to have the flag illuminated or is this just required under the Flag Code. Planner Christy Oosterhous replied that this illumination is required if the flag is to be left up after dark. Chair Nagpal opened the Public Hearing for Agenda Item No. 3. Kelly Presley and Jennifer Estes, Representatives, MetroPCS: • Said that they are asking for a Conditional Use Permit that complies with both zoning and land use policies. • Explained that the Library Commission is fully supportive as indicated at a June 2004 meeting. • Advised that they had looked at several sites in this area and this is the best site available. It will be unobtrusive. • Thanked staff, particularly Christy Oosterhous as well as the members of the Library staff. • Said that they were available for any questions and request approval of this application. Planning Commission Minutes for Apri127, 2005 Page 20 Chair Nagpal asked what other provision would be made if the flag were not to be illuminated but rather required someone to take the flag down each day. '~ Ms. Jennifer Estes said that it is up to the Library as to whether the flag is to be raised and lowered each day. Everyone involved is simply working to respect national guidelines regarding flag etiquette. Ms. Cheriel Jensen, 13737 Quito Road, Saratoga: • Reminded the Commission of a scientific study that she had provided previously about mice exposed to cell phone frequencies that had hemorrhages in the brain as a result of the microwaves. • Reported that she won't be able to go to the Library, just after voting to support the library bond issue. • Pointed out that many people chose not to go to the Theatre building at West Valley because of all the cell antenna installations at that theatre. • Asked that the City not sell out its library with this installation. • Stated that she is outraged that this is even being considered. Chair Hunter advised Ms. Cheriel Jensen that with the Telecommunications Act, the Commission does not have the authority to consider safety issues. Ms. Kelly Presley: • Advised that screening landscaping would be provided. • Said that an independent licensed engineer has verified that this installation is 5,800 times below the FCC allowed RF exposure levels. Commissioner Rodgers said that the Commission is permitted to discuss and turn down an installation based on safety issues. She asked if there is room for other carriers on this property. Ms. Kelly Presley said that there is room but that other carriers would have to apply with the City for their respective Conditional Use Permits. Commissioner Hunter asked how many carriers are possible on this site. Ms. Jennifer Estes replied that this Planning Commission would control expansion on a case-by-case basis. Assured that they could accommodate co-locations. Planner Christy Oosterhous advised that MetroPCS has coverage levels that do not go as far as some of the other carriers. Other carriers have more extensive coverage area per installation and therefore require fewer locations. Chair Nagpal pointed out Condition #10 that requires a Landscaping Maintenance Agreement. Ms. Jennifer Estes added that there would also be a Landscape Bond posted. Chair Nagpal asked if the independent RF study found that exposure levels were within reason. Ms. Jennifer Estes replied yes, it met exposure levels based upon its height. Planning Commission Minutes for Apri127, 2005 Page 21 Chair Nagpal closed the Public Hearing for Agenda Item No. 3. Commissioner Hunter: • Expressed surprise that both the Library Commission and Heritage Preservation Commission accepted this expansion of the trash enclosure that would be extended by 210 square feet. • Pointed out that the landscaping installed does not get that high and that the site would consist of a big, enormous flagpole too now, which sounds most unattractive. • Reminded that this Commission did not get the opportunity to look at the Library plans. • Said that she would support this application due to the support offered by the Library Commission and Heritage Preservation Commission. Chair Nagpal asked Commissioner Hunter if she could recommend landscaping that could better screen this enclosure. Commissioner Hunter said this screening landscaping needs to be taller and more substantial than what is there. Planner Christy Oosterhous suggesting that bushes could be installed right against the enclosure and pointed out that the orchard trees will mature and offer better screening in the future. Commissioner Cappello: • Expressed agreement with Commissioner Hunter's comments. • Agreed that extending the trash enclosure further is not very .sightly and would be even more obvious. • Said that he is surprised that the HPC didn't comment regarding the extension into the orchard. • Said that it would be nice to have afive-year plan for each carrier. Director John Livingstone said that this issue is just one of about nine Ordinances to be updated. This list would go to Council in June-in order for these proposed updates to be prioritized. Chair Nagpal asked about lighting. Commissioner Rodgers: • Said she had questions both about lighting and the equipment enclosure. • Stated that she would prefer to see the flag taken down each night and not include lighting. • Said that this is an alternative in available flag etiquette as opposed to lighting the flag. • Advised that she is not happy with the extension of the "big brown box" that is located in front of the library. • Questioned whether larger orchard tress can be required. Commissioner Hunter replied yes. Commissioner Rodgers suggested that the trees that must be removed and relocated to accommodate this installation should be replaced with larger trees. Planning Commission Minutes for April 27, 2005 Page 22 Director John Livingstone cautioned that a specific process was undergone to determine specifically what types of trees would be planted in this Heritage Orchard. He suggested an alternative such as installing a lattice with flowering evergreen shrub or vine, such as Jasmine to help camouflage the enclosure from view. Commissioner Kundtz: • Stated that he supports having an overall strategic plan. • Said that proliferation is what concerns him. • Suggested that it is the Library's decision as to whether to rise and lower the flag each day versus illuminating the flag and leaving it flying at all times. • Add that he has no preference. • Opined that having the American flag flying makes a positive statement that he could ascribe to. Chair Nagpal: • Thanked Ms. Jensen for attending this hearing. • Said that this is a difficult decision to make but that the FCC has jurisdiction on RF emissions standards. • Expressed support for including taller landscaping to screen the enclosure. • Agreed that the flag equals a nice visual. Commissioner Hunter said that the Library Commission would have a problem with including a lattice feature as that would not be in keeping with their building's architecture. Chair Na al su ested leavin that issue to staff. gP gg g Commissioner Hunter said that since both the Heritage Preservation Commission and Library Commission support this request, she too would support it. Motion:- Upon motion of Commissioner Rodgers, seconded by Commissioner Nagpal, the Planning Commission approved a Conditional Use Permit (Application #04-274) to allow the placement of a wireless facility consisting of one antenna concealed within a flagpole and a related equipment cabinet to be located within the existing trash enclosure that is to be enlarged at the Heritage Orchard/Saratoga Library located- - . at 13650 Saratoga Avenue with the following amendments to the conditions: ^ That Conditions 11 and 13 be amended to offer an alternative to lighting . fixtures for the flag as long as flag etiquette is honored; ^ That Conditions 14 to 16 be amended to require further screening to hide the equipment/trash enclosure with landscaping; by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal and Rodgers NOES: None ` ABSENT: Schallop and Uhl ABSTAIN: None Ms. Joan Pizani, Director of Recreation: • Joined the audience as the vote was being finalized. Planning Commission Minutes for Apri127, 2005 Page 23 • Clarified the issue of the flag and its illumination. • Reported that the Library Commission wanted a flagpole but had no manpower available to raise and lower it each day and made that fact clear. • Said that the illumination allows the flag to remain out. • Added that MetroPCS would be replacing this flag when it gets worn, approximately every six months or so. *** PUBLIC HEARING -ITEM N0.4 APPLICATION #OS-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 widow 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) Associate Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking approval for the Modification of Approved Plans. • Described the subject property as being zoned R-1-40,000 and consisting of 21,052 square feet. • Explained that the project was approved at a maximum height of 24 feet, 6 inches. The applicant seeks to extend the maximum height by one foot to 25 feet, 6 inches. • Reported that this home is currently under construction and Building staff issued a Stop Work order when it was determined that the home's roof was not being constructed according to plan. • Added that the applicant must secure this Modification in order to remove the Stop Work order. • Said that staff is recommending approval of this Modification to allow the maximum height of 25 feet, 6 inches. • Said that neighbor input includes one neighbor that prefers the current height and wants to see no increase in the maximum height. • Reported that staff prefers to see a peak roof and recommends that this project incorporate a peak roof versus the flatter roof that has been built. This is due to aesthetics and better function of the peak roof. • Said she was available for any questions. Commissioner Hunter asked what are the small additional changes that are also being sought. Planner Ann Welsh said that they want to add a window to a side elevation, change the roofline in the back on the first floor and change the color very slightly. Commissioner Hunter asked if all of these changes have been done already. Planner Ann Welsh replied no, the window has not yet been added. Planning Commission Minutes for April 27, 2005. ~ Page 24 Y Commissioner Cappello asked staff to elaborate on why theey prefer the peak roof to what has been installed. I Planner Ann Welsh replied that it is standard preferred building practice not to have a flat room because they tend to leak more. Using a flat roof is not a recommended building practice. Additionally, a peak roof is more aesthetic. Chair Nagpal pointed out that a 25 foot, 6 inch high roof is still six inches less than the maximum allowed height and the intention for this change is to result in an improved project. Planner Ann Welsh said that it would address both an aesthetic and construction concern. Reported that there are also neighbor concerns to be considered. One neighbor likes it as it is now and does not want to see the height increased. Commissioner Kundtz asked why a Stop Work order was issues when-the overall height is less than the maximum allowed. Planner Ann Welsh said that it was not being constructer per approved plans. Commissioner Rodgers pointed out the increase in ceiling height to nine feet for the first floor that had received Administrative approval. Chair Nagpal opened the Public Hearing for Agenda Item No. 4: Mr. Thomas Lu, Project Architect: • Stated that they are here to get the roof issue resolved. • Said that the decision is based upon good design. • Reminded that the project was originally approved at the Administrative level. Later the obtained approval to raise the first floor ceiling from eight feet to nine feet high. • Said that the planned roof pitch was 5 and 12. The contractor modified the-roof height before staff official approval was received. • Said that he designed this house with a the roof. With a flat roof, the the roof won't look good or be as structurally sound. • Stated that it would be an unfortunate design feature if this flat room must stay. Commissioner Rodgers restated that after the original design approval, the applicant came back for an adjustment to allow nine-foot ceilings on the first floor. She asked if the applicant had not at that time assured staff that the home would still be finished according to the approved plans, including maximum height. Mr. Thomas Lu said that the contractor ended up switching from a 5 and 12 roof to a 4 and 10 roof pitch to compensate for the change in the first floor ceiling height. Commissioner Rodgers stated that she has a problem seeing a project approved and later come back seeking changes. This owner came back and later put in something that was not allowed. She asked Mr. Thomas Lu if there was no way to anticipate that an additional overall height of one foot would be Planning Commission Minutes for Apri127, 2005 Page 25 I~ required to accommodate the additional interior ceiling height and still maintain the 5 and 12 roof pitch approved? Mr. Thomas Lu said that the contractor adjusted the pitch to accommodate the added ceiling height. Commissioner Rodgers stated that she feels a sense of obligation to the neighbors to hold this project to the approved maximum height. Commissioner Cappello asked Mr. Thomas Lu when he realized that the maximum height would be exceeded. He said that it appears both the owner and architect were aware of that fact. Mr. Tomas Lu said that it was not their intention to build a flat roof. Commissioner Cappello pointed out that without the City having issued a Stop Work order, this project would have been finished with a flat roof. What was being built was satisfactory to them until it was discovered to be incorrect according to approved plan. He asked if changing the roof pitch was the only option at that time. Mr. Thomas Lu replied yes, since the height approved was 24 feet, 6 inches. Ms. Karen Bhatia, Property Owner and Applicant, 13228 Pierce Road, Saratoga: • Said that they had no option but to reluctantly switch to a flatter roof design. • Declared that they want a roof that is structurally sound. To incorporate a peak roof, they only need to increase the maximum height by one foot. They are still not asking for the maximum of 26 feet. • Stated that they would appreciate the Commission considering the long-term effects of a flat roof on their new home. Mr. Hans Stellrecht, 13200 Pierce Road, Saratoga: ' • Advised that his home is located to the east of this property. • Reminded that height had always been a sensitive issue and had been worked out. • Said that this is a nice design and that he was less unhappy once he saw the roofline as it is now. He would like to see it left as it is. The flat portion is less visible from Pierce Road. • Said that he-can understand what they tried to do by increasing the interior ceiling height but he would not like to see the overall building height increased. • Reminded that mitigation landscaping was required with the approval and that this required landscaping is not shown on the plan currently and should be there. • Reiterated that he likes the roof as it current is constructed because it is -not a big deal from Pierce Road. He added that the record should reflect the mitigation of trees. Chair Nagpal asked Mr. Hans Stellrecht if the roof were to be peaked would it change his view any or have impacts on him. Mr. Hans Stellrecht replied yes. Planner Ann Welsh read into the record a letter left by Ms. Tina Liddy, 20275 Franklin Avenue, Saratoga, who is speaking out on behalf of her mother, Aleta Westphal, who lives at 13216 Pierce Road, Saratoga: Planning Commission Minutes for Apri127, 2005 Page 26 • Stated that the proposed height of 24 feet, 6 inches had not sounded so tall until it was seen constructed. This is a huge house on a small lot. • Expressed concerns about the condition of the driveway since construction began. This property has aright-of-way easement on Ms. Westphal's driveway that was granted when the properties were built. • Said that construction trucks are destroying this driveway and often block access to and from the driveway that is shared by both homes. • Questioned who would pay for repairs to construction damage. Planner Ann Welsh: • Clarified that there is a 20-foot right-of-way on Ms. Westfal's property. • Said that when a project is reviewed, staff requires a title report to show that the applicant has the right to use a shared driveway. • Said that the impacts of construction on this driveway could be addressed through Conditions of Approval. Mr. Thomas Lu reminded that they are only asking for one additional foot in height. This added height would not be visible from Mr. Hans Stellrecht's home and would create no significant impact. Chair Nagpal asked Mr. Thomas Lu if they are willing to return the driveway to its pre-construction state. Ms. Karen Bhatia said that the driveway they are using is -one for which they have aright-of-way easement. It is always in the same condition, which is not very good. They have created no additional damage to the driveway. Chair Nagpal asked Ms. Karen Bhatia if-there is a shared maintenance agreement. Ms. Karen Bhatia replied no. Chair Nagpal closed the Public Hearing for. Agenda Item No. 4. Chair Hunter said that she thought applicants were required to repair any damage to streets after completion of construction. Planner Ann Welsh said that this is a private right-of-way.- If repairs are added as a Condition of Approval, it is typical to establish apre-construction condition of a road. The same person who established-that condition is the same person who would later evaluate the post construction condition of the same road. Commissioner Rodgers asked if it is too late to add this requirement to the Conditions of Approval. Planner Ann Welsh replied no. It would just have to be added to the draft Resolution. Director John Livingstone added that when an approved project comes back for approval of Modifications the Commission could look at other items. However, there is a line between City enforcement and involvement in a Civil matter between neighbors. Planning Commission Minutes for Apri127, 2005 Page 27 Commissioner Hunter asked about the issue Mr. Hans Stellrecht raised about required screening trees. Planner Ann Welsh advised that the landscape page identifies that additional required items are included in the Resolution. Chair Nagpal reminded that it had been conditioned that after framing the applicant was to have a discussion with the neighbor regarding landscaping. Commissioner Rodgers asked staff to verify that during the administrative review where the increase in ceiling height on the first floor was raised from eight feet to nine feet, did staff receive assurance that there would be no impact on the maximum height of the home. Planner Ann Welsh replied yes. She had been told that they would be able to reconfigure the internal structure without impacting the maximum height. Commissioner Rodgers said that this fact bothers her. The height of this home was an issue and this is a sensitive site. Chair Nagpal questioned whether cone-foot increase in overall height is going to impede anyone's views. Commissioner Rodgers: • Said that she does not like being put into this sort of position after the applicant made representations in order to get their approval for interior changes. They have built anticipating that an additional foot would be approved. • Stressed the importance of installing the approved screening landscaping as soon as the roof is framed. Commissioner Cappello: • Stated his agreement. He too does not like being in this position. • Said that the impact on the neighbor is hard to assess but it is possible that some additional view will be blocked for the neighbor. • Advised that he is inclined not to approve. • Agreed that the flatter roof is not functionally as ideal but it is still functional and acceptable at this point. The impact on the neighbor requires more consideration. Chair Nagpal said it is easy to get to the point during construction where changes are required but it is a difficult decision to allow this change. Commissioner Kundtz: • Said that he too agrees with Commissioners Rodgers and Cappello. • Reminded that the approved changes to interior ceiling heights were based upon no overall extension of the final approved building height. • Said that he feels the Commission is being leveraged into doing something it is not comfortable with. Planning Commission Minutes for Apri127, 2005 ~ Page 28 Chair Nagpal asked if this project were to have come before ~~this Commission at a height of 25 feet, 6 inches originally, would it have been approved. Commissioner Hunter replied no. Commissioner Rodgers replied no. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Rodgers, the Planning Commission approved a Modification of Approval Plans (Application #05-118) without allowing an extension of height to 25 feet, 6 inches, without staff s recommendation to peak the roof and requiring the landscaping conditions to take place immediately upon continuation of construction of this project, on property located at 13228 Pierce Road, by the following roll call vote: AYES: Cappello, Hunter, Kundtz and Rodgers NOES: Nagpal ABSENT: Schallop and Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM NO. S 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 squaze 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 lost size is 49,701 square feet. The proposed second dwelling unit houses athree-car garage and 650, square feet of living space. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised- that the applicant is seeking approval for a Modification of Approved Plans for property located at 14377 Old Wood Road. • Described the zoning as R-1-40,000. • Reported that the applicant received Planning Commission approval in November 2001. The applicant received conditional final occupancy two years later. • Said that there are two issues here. One is the request to keep a portion of the original house that is slated to be demolished. The other is for the Planning Commission to determine the amount. of floor area to be allowed under a density bonus for a second dwelling unit. • Reminded that the Zoning Ordinance has been revised to allow second dwelling units as a permitted use. -There is a 10 percent density bonus for the second dwelling unit if it is deed restricted as an affordable unit in the event that it is ever to be rented out. • Said that this property is maxed out in squaze footage at 6,200 squaze feet. The proposed density bonus is 640 square feet. The applicant would have to reduce the size of the original house to meet the second unit requirement. • Stated that staff is recommending that the applicant comply with the maximum 10 percent density bonus. Planning Commission Minutes for Apri127, 2005 Page 29 • Said that staff is recommending that the Modification be approved with the requirement that the garage be redesigned as a carport. Commissioner Rodgers clarified that the Ordinance requirements for second dwelling units is based upon State Law. She reminded that the City's Housing Element addresses this as well. Planner Ann Welsh said that State Assembly Bill 1866 went into effect in January 2003. It mandated that an Administrative process be used for review and approval of second dwelling units. It prohibited standards except for issues such as heights, lot coverage, floor area and setbacks that could be imposed. Prior to adoption of this State Law, second units required a Conditional Use Permit. Commissioner Hunter asked if the 10 percent density bonus is not required under the law. Planner Ann Welsh replied that some bonus provisions are required. Chair Nagpal sought clarification that with a one time 10 percent increase in density, the applicant must meet all other requirements. Planner Ann Welsh said that the 10 percent coverage and FAR as well as all other requirements are maintained. Chair Nagpal opened the Public Hearing for Agenda Item No. 5. Mr. Andrew Barnes, 14377 Old Wood Road, Saratoga: • Reported that State Law on second units changed during his project's construction. • Said that staff had refused his application for. a second dwelling unit twice. • Reminded that Code allows up to a 1,200 square foot second dwelling unit. • Advised that they would cut this building down in size to 650 square feet. They are asking for an additional 10 square feet from the allowed 640. • Adding that he wants an enclosed garage rather than a carport and is asking for approval of an enclosed garage for his collection of cars. Chair Nagpal thanked Mr. Andrew Barnes for waiting until 11:30 p.m. to hear his request. Commissioner Hunter reminded that this original house was not a second unit. Mr. Andrew Barnes said that it makes sense to keep it and use it as a guesthouse or when his kids return. Commissioner Rodgers said that the State Law encourages cities to add more second dwelling units. She asked Mr. Andrew Barnes if he were okay with a carport. Mr. Andrew Barnes said that he prefers a garage but is willing to consider a carport but wants guidance on what that means. • Planning Commission Minutes for Apri127, 2005 Page 30 Commissioner Rodgers asked if calculating the 400 to 1,200 square foot second dwelling unit is not including the garage. She asked Mr. Andrew Barnes if he were willing to put in a glass ceiling in the foyer so that space would not require being double counted due to excessive height. Chair Nagpal said that this request is to grandfather an original dwelling into a second unit. The intent of the grandfather clause is for original second units and not original living units. Suggested that the foyer issue raised by Commissioner Rodgers regarding the need to double count that space is a viable one. Mr. Terry Martin, Project Architect, 45 E. Main Street, Unit B, Los Gatos: • Said that he has had multiple projects in Saratoga and this is his first time before the Planning Commission. • Said that all they are asking for is clear, clean and concise directions. • Reported that they have been arguing this issue with staff for the last five to seven months. • Said he is available for any questions. Chair Nagpal closed the Public Hearing for Agenda Item No. 5. Commissioner Hunter joked that anyone who sat- through five hours of public hearings before their own hearing takes place' deserves an extra 10 square feet. Said that staff can explain the requirements for a Carport. Commissioner Rodgers: • • Said that the architecture of the house should be used to create -the carport. The three-car garage should not be excluded from the overall building area counted. Therefore a carport is a good solution. • Said she was fine with the additional 10 square feet based upon the aesthetics of the house. Commissioner Cappello said he has no issue with the additional 10 square feet and it appears that there are no neighbor issues. Chair Nagpal said that the maximum square footage is 6,200 plus 620 square feet. Would this project as proposed go over that total? Planner Ann Welsh replied yes. She added that this total couldn't arbitrarily be exceeded without a Variance. A Variance has not been advertised. Chair Nagpal said that as long as the overall total square footage does not exceed 6,820 square feet there is no site coverage issue. Planner Ann Welsh said that the applicant could reconfigure the house to eliminate 10 square feet internally, perhaps by removing an internal wall. Commissioner Kundtz said that he agrees the project must meet coverage limits without need for a Variance. Chair Nagpal re-opened the Public Hearing for Agenda Item No. 5. Planning Commission Minutes for Apri127, 2005 Page 31 Mr. Andrew Barnes said that this requirement is anal. In reality additional units from 400 to 1,200 square feet are allowed. Chair Nagpal explained that the issue is overall site coverage. She added that the glass ceiling proposed by Commissioner Rodgers is a real option so that the foyer space would not have to be double counted. Chair Nagpal re-closed the Public Hearing for Agenda Item No. 5. Commissioner Cappello said he feels for the applicant for having to remove 10 square feet and have a carport instead of the garage he prefers. Chair Nagpal reminded that staff has offered recommendations. She asked staff if there are ways to allow 10 additional square feet. Planner Ann Welsh replied no. The noticing was not for a Variance. A Variance would require additional fees and noticing. There is a way to reconfigure the floor area internally and would not be that onerous to do so. Commissioner Cappello asked if this request should be denied tonight and Mr. Andrew Barnes could file for a Variance. Planner Ann Welsh said that the Commission could condition a revised plan. Motion: Upon motion of Chair Nagpal, seconded by Commissioner Kundtz, the Planning Commission approved a Modification of Plans (Application #04-216) approving staffs recommendations and including a change in the original Condition of Approval that required the demolition of the original house, allowing the retention of a portion of the original home on property located at 14377 Old Wood Road as a second dwelling unit with three car carport as long as overall site coverage is accurate at 6,820 square feet or less, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal and Rodgers NOES: None ABSENT: Schallop and Uhl ABSTAIN: None *** DIRECTOR'S ITEMS Design Review Board: Director John Livingstone advised that at the last Council meeting, Council forwarded the Design Review Board issue to the Planning Commission for review. Chair Nagpal suggested that a Study Session would be the best format to discuss this issue. Planning Commission Minutes for Apri127, 2005 Page 32 Director John Livingstone advised that there is no Study Session set on May 25`~ and one could be set for 5 p.m. that evening. ~~ Cell Site: Director John Livingstone advised that the cell site has been called up to Council. Alternatives to Improve Village Parkin Director John Livingstone advised that this issue would also come back to the Planning Commission. Pending Study Sessions and Commissioner Training: Director John Livingstone reminded that the Study Session with the City Attorney would be held on May 11`i' at 5 p.m. Planning Commission training will also occur on May 19~' in Mountain View. Another Study Session has been set for June 8`~ with the City Arborist. It was discussed and decided that this session would be cancelled and rescheduled for later in the summer. COMMISSION ITEMS Commissioner Rodgers advised that she attended the League of California Cities Conference and would report in more detail at a later date. COMMUNICATIONS There were no Communications Items. AD TOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Cappello, Chair Nagpal adjourned the meeting. at 12:10 a.m. to the next Regular Planning Commission meeting of May 11, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • • ,~~ Item 1 REPORT TO THE PLANNING COMMISSION Application No./Location: 03-272, Design Review/ 22461 Mount Eden Road Applicant/Owner: Udaya ~ Kavitha Shankar Staff Planner: Ann Welsh, AICP, Associate Planner Date: May 11, 2005 APN: 503-80-O1 Department Head: :~~~ MTjED~E~i-R~", ~ 500 ft Buffer- Shankar '~. '~..,~-_%~ ~'~, \'` ~I Shankar - Mt. Eden Rd \~ : ` ~~' ~~ ~` t =mar - ~ ,~i :r~-,~ 5T( r ~~ ,~, r ~ f `I ~~~ ~~, , ~i ~~ ~ MTED~NRD ~ R I ~ ' ~'_`-- `. \ i ~ 1-~ -' I __ ~^'" ILL ~~~ % i~ ~' ~ -~ ~ ~, 0 250 500 750 1000 1250 ft~ 22461 Mount Eden Road ,.- . : . ~._ J ~l'.~ ~.~[ File No. 03-272 -22461 iLlountEden Road EXECUTIVE SUMMARY CASE HISTORY Application filed: 12/11/03 Application complete: 4/19/05 Notice published: 4/27/05 Mailing completed: 4/28/05 Posting completed: 4/19/05 PROJECT DESCRIPTION The applicant proposes to construct a two story Spanish style home with basement on the 1.89 acre lot which abuts Mount Eden Road and presently contains a two story home with a barn, a horse stall and second dwelling unit. The proposed home is 5,188 square feet in floor area with a 2,569.5 square foot basement of which 473 square feet is a garage. A 533 square foot second dwelling unit is proposed and the existing 592 square foot barn is to be converted into a cabana. The proposed height of the home is 25 feet 11 inches as measured from the average natural grade. The project will involve 1,690 cubic yards of cut and 610 cubic yards of fill. The property is currently within Santa Clara County but is in the process of being annexed to the City. With the annexation, the parcel is to be reviewed under the pre-zoning of Hillside Residential District. STAFF RECOMMENDATION Staff recommends that the project be approved subject to the conditions outlined in this staff report. • t...~... ~ .J3•-• FVe No. 03-272 - 22461 MountEden Road STAFF ANALYSIS ZONING: Prezoned -Hillside Residential District GENERAL PLAN DESIGNATION: The Hillside Specific Plan states that apre-zoning density designation should be established for County lands. Since this parcel is pre-zoned Hillside Residential and is in the process of being annexed to the City from Santa Clara County, the General Plan designation is the same as Hillside Conservation Single Family which permits .5 DU/net acre. MEASURE G: Not applicable PARCEL SIZE: 1.89 acres AVERAGE SITE SLOPE: Average slope of lot is 28.27% GRADING REQUIRED: The grading plan indicates that the project will require 1,690 cubic yards of cut and 610 cubic yards of fill. Therefore, the threshold is met for considering the findings for grading that exceeds a 1,000 cubic yards in accordance with Section 15- 13.050(f). ENVIRONMENTAL DETERMINATION: The proposed project consisting of constructing 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 a new home. MATERIALS AND COLORS PROPOSED: The plans depict stucco with sand finish facade in Kelly Moore, Malibu Beige (LRV: 56), trim and gutters in Kelly Moore: Loam 413 (LRV: 14) and Spanish Clay Tiles in Old World Blend, which is a burnt rust blended color. • File A'o. 03 272 -22461 MountEden Road Lot Size: Lot Coverage: Floor Area: Setbacks: Height: ~~ Hillside Residential Proposal 82,328 sq. ft.'s Building Footprint Driveway/Parking Walkways, Patio Pool TOTAL First Floor Second Floor Total Second dwelling Cabana Basement/Garage TOTAL Front Side House -Rear Code Requirements 87,120 sq. ft. Maximum Allowable 25% of net site area or 4,370 sq. ft. ls,ooo sq. ft. 5,670 sq. ft. 800 sq. ft. 10,840 sq. ft. 2,801 sq. ft. Maximum Allowable 2,387 sq. ft. 6.,428 sq. ft.~~ 5,188 sq. ft. 533 sq. ft. 592 sq. ft. (2,569.5 sq. ft.) 6,313 sq. ft. Minimum Requirement 35 ft. 30 ft. 48 ft. 20 ft. 176 ft. 60 ft. Two Story Maximum Allowable 25 ft.11 in. 26 ft. Due to 28.27% slope, net site area is reduced by 54% for the purpose of calculating floor area, yielding a net site area of 37,871 square feet. ~`~ Section 15-56 (d) permits a 10% floor area bonus for second dwelling units if the property is deed restricted for low or moderate-income rental. This provision provides an additional 584 square feet of floor area and permits retention of a portion of the existing second dwelling. 0®®~~~ 4 • ~: File No. 03-272 -22461 MountEden Road PROJECT DISCUSSION This application for Design Review approval was previously before the Planning Commission on February 9, 2005. At that time a number of revisions were proposed. A Study Session was held to re~~iew the plans on March 9, 2005 and the March 23, 2005 Public Hearing was continued with the applicant's permission to the present date. The plans have been revised in a number of ways since the March 9`h study session. A brief review of the project is as follows. This application is for Design Review approval of a 1.89-acre property that is currently located within the County but is proposed for annexation to the City. The parcel is pre- zoned Hillside Residential which permits single-family dwellings on two acre lots. A resolution initiating the annexation was adopted by Ciry Council on March 3, 2004 and another resolution finalizing the annexation will be scheduled for a City Council vote in the near future. Since the parcel is pre-zoned Hillside Residential (HR) it is being re~nev~~ed in accordance with the Saratoga Hillside Residential zoning standards. This project has undergone numerous revisions. The initial location of the house was proposed on the same basic footprint as the existing house. However, after the City Geologist reviewed the previous location, the applicant decided to revise the house location in an attempt to avoid the landslide impacting the former building location. As the geotechnical report states "land sliding of variable activity is present to the west, north and east of the proposed building site." (March 15, 2004, Geotechnical Report) Thus, geotechnical limitations had a major impact on the location of the proposed house on the lot. The applicant proposes to demolish the existing two-story house and construct atwo- story, 25 foot 11 inch high, Spanish style home containing 5,188 square feet with a 2,569.5 square foot garage basement. A 450 square foot balcony is proposed to project fifteen feet from the kitchen area to the west of the property. The property presently has a barn, which is to be demolished, and a horse stall which is to be converted into a 592 square foot cabana and a second dwelling unit containing 533 square feet which is to be remodeled to elimiriate the square footage within the garage and convert this area into a carport. The total square footage for the property is 6,313 square feet excluding the basement. The parcel has an average slope of 28.27%. The applicant is seeking the 10% density bonus for the second dwelling unit in return for deed restricting the second dwelling as a low or moderate-income rental unit: NEIGHBORHOOD INPUT Comments were received from a number of the neighbors. The neighbor to the south of the property had concerns with the drainage plan. He objected to the storm water dissipaters concentrating water flow close to his property line. In response to this, the applicant re«sed the grading plan to connect both the main drainage line from the house and the drainage line from the proposed pool area; rerouting these lines to the west of the property out to Mount Eden Road. ~®U~~:~ File Rro. 03-272 -22461 MountEden Road This neighbor also had concerns with the balcony. The issue was the potential lack of privacy the balcony feature might create between the two properties. In response to this concern, the balcony has been reduced in length from 25 to 15 feet and the fireplace has been removed from the balcony and placed in the rear of the property in the area adjacent the cabana. In addition, the landscape plan has been revised to depict additional evergreen plantings at the mutual property line in order to create a visual buffer to enhance privacy. These plantings are identified as four, twenty-four inch boxed Douglas fir trees and eleven, fifteen-gallon Italian Cypress trees. Another concern expressed by neighbors was the safety of the new driveway. A sight distance line for the new- driveway was developed by the County Department of Roads and Airports, for the Encroachment Permit. The City Arborist reviewed this line. He observed that achie~~ing sight distance to the west would involve minor pruning of four trees and achieving the sight distance to the east might place five trees at risk of removal. He also recommended revising the limits of grading to avoid impacts on two nearby Oak trees. In response to the Arborist's comments, the County clarified the conditions of their Encroachment Permit by stating that they do not require tree removal rather they consider cleaning up trunks and clearing away vegetation as sufficient to maintain sight distance and thereby meet the conditions of the Encroachment Permit. A number of neighbors expressed concern with the size of the house saying that they felt that it was too large and bulky. There were objections to the three-story look of the structure, which was created by excavating for the basement and garage. In response to this objection, the plans were revised to create a berm along the exposed wall of the house. In addition, the house has been lowered into the ground approximately three feet in order to comply with the maximum height requirements. TRAILS SUBCOMMITTEE The Trails Subcommittee recommended that the existing equestrian trail, which crosses a portion of the property frontage along Mount Eden Road, be formally dedicated as a permanent trail easement. In response to this request, the applicant has revised the plans to indicate that the trail will be dedicated to the City of Saratoga. Recording this equestrian trail easement will be required prior to final occupancy permit. GRADING IN HILLSIDE RESIDENTIAL DISTRICTS . The Zoning Ordinance (Section 15-11.160) requires in the Hillside Residential Zoning District that the Planning Commission make the necessary findings for grading in excess of 1,000 cubic yards. The following analysis addresses the required findings and concludes that the findings can be made to support the proposed grading. (a) The additional grading is necessary in order to allow reasonable development of the property or to achieve reasonable vehicular access to the proposed development. (~®~®®~ File No. 03-272 -22461 MountEden Road II' Given the geotechnical constraints of the property, the additional grading is necessary to allow reasonable development of the property. ' (b) The natural landforms and vegetation are being preserved and protected. Much of the cut proposed for the development is to create the basement/garage. The existing seasonal drainage swale to the rear of the property is to remain undisturbed. A number of the trees in the path of development are to be relocated on the site. Thus natural landforms are being retained to a great extent. (c) The increased grading is necessary to promote the compatibility of the construction with the natural terrain. The grading is necessary in order to achieve the height limitation of 26 feet. Excavation to lower the basement further into the hillside increased the need for additional grading in excess of 1,000 cubic yards. Lowering the structure into the hillside will minimize the prominence of the structure and increase the compatibility with the natural terrain. (d) Grading is necessary to integrate an architectural design into the natural topography. The increased cut is necessary in order to integrate the structure into the natural topography. Given the limited build able area, the applicant has a reduced footprint and is requesting atwo-story structure. The cut is necessary to integrate this architectural design into the natural topography and minimize the bulk and mass of the structure. (e) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. This finding can be met since lowering the house into the hillside will reduce the prominence of the structure. Lowering the house into the hillside creates the need for increased grading. (fl No building site shall be graded so as to create a flat visible pad surrounding the main residential structure. The proposed site plan does not depict a flat pad for the proposed house. Much of the existing topography is retained. As the above analysis concludes, the findings for approving grading in excess of 1,000 cubic yards can be met. DESIGN POLICIES A1VD TECHNIQUES. The proposed project will conform to the applicable design policies and techniques set forth in the Residential Design Handbook. ~~®®~ File No. 03-272 -22461 MountEden Road Policy #l, Technique #6, use architectural features to break up massing, by the low profile entry along Mount Eden Road and varying height of roof elements. Policy #2, integrate structures with the environment, Technique #l, use of natural colors and materials is addressed through use of neutral colored, low reflective value, stucco and rust/brown colored tile-roofing material. Technique #4, integrate all structures on the site is addressed by combining the garage and house in a single structure and coordinating the colors and material of accessory structures. Policy #3, avoid interference with privacy, Technique #1 is addressed by planting of additional trees and landscaping to ensure privacy, and scaling back the balcony. Technique #3, maintain landscaping to enhance privacy, is addressed by requiring tree planting, i~Tlimlzing tree removal, transplanting trees and requiring additional landscaping. Policy #4, preserve «ews and access to views, Technique # 2, which calls for ma<ximi~ing views while avoiding privacy conflicts, is addressed by planting trees in areas of potential conflict and scaling back the proposed balcony. Policy #5, design for energy efficiency, Technique #l, design for maximum benefit of sun and wind is addressed since the main living area windows are southwest facing in orientation. Technique #3, allow light, air and solar access to adjacent homes, is addressed since the proposed home with a 48 foot setback to the closest neighbor will not encroach on their solar access. CONCLUSION The proposed residence is designed to conform to the policies set forth in the Ciry's Residential Design Handbook and to satisfy the findings required within Section 15-45.080 of the City Code. The residence is compatible with the neighborhood, natural features are preserved within the constraints of the site and privacy impacts are minimized. The proposed project will satisfy Hillside Residential zoning regulations in terms- of allowable floor area, setbacks, maximum height and impervious coverage. The City Arborist, the Saratoga Fire- District, the Public Works Department; the City Geotechnical Consultant and Santa Clara County Roads and Airports Department have re«ewed this application. Their comments are included as conditions of approval. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting the Resolution for application #03-272. ATTACHMENTS 1. Resolution 2. Staff Report dated February 9, 2005 without attachments. • ~~~~®~ Fi]e No. 03-272 -22461 MountFden Road 3. Arborist Reports dated 7/21/04 and 1/3/05 4. Fire Department report dated 7/22/04 5. Geotechnical Clearance Memorandum dated 7/1/04 and Geotechnical Reviews dated 1/ 8/04 and 3/16/04. 6. Santa Clara County Encroachment Permit 12/29/04 7. Affidavit of Mailing, Address List, Notice 8. Neighborhood Correspondence 9. City Council Report -March 3, 2004 -Initiation of Annexation Proceedings 10. Plans, Exhibit "A" • • ®~~~~ • Attachment 1 • ®®~®YQ~ RESOLUTION NO I~': 05 APPLICATION N0.03-272 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Shankar/22461 Mount Eden Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval to construct a new two-story 5,188 square foot home with a 533 square foot second dwelling unit and a 592 square foot cabana on a 1.89 acre parcel which is to be annexed to the City. 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 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 met: 1. Avoid unreasonable interference with views and privacy. The proposed construction impacts the scenic character of Mount Eden Road as well as the view of the neighbor south of the property. In order to minimize these impacts the following re~risions have been made to the plans. a. The area south and west of the house is to be planted with a substantial landscape screen, which will eventually create a visual buffer between this house and Mount Eden Road. b: The proposed balcony has been reduced in size to project 15 feet from the house. In addition, a substantial landscape buffer of Italian Cypress and Douglas fir trees is to be planted within the southern property line setback area in order to enhance mutual privacy. Lighting on the balcony is to be shielded and kept to a min;rrium in order to maintain the scenic character of the area. ~~~®~~ File,l~o. 03-272 - 22461 AlountEden Road 2. Preserve Natural Landscape. The plan proposes to retain a significant portion of the natural landscape. The seasonal drainage swale to the rear of the property will be undisturbed. The impervious coverage ratio for the property is proposed at 13% of the site. The existing equestrian trail is to be dedicated along Mount Eden Road. Four of the trees, which would be removed to achieve the site design, are to be retained and transplanted to the west of the house. The comments of the arborist regarding minimising grading at the front stairway have been incorporated into the grading plans. 3. Minimize perception of excessive bullz. The proposed main structure uses architectural features to break up massing and is in keeping v~rith the character of the existing neighborhood. The north and east facade which would be most prominent along Mount Eden Road- are low profile in design. The south and west facades have greater setbacks to mitigate the prominence of the elevation. Extensive tree planting is proposed to the south and west of the house to create a visual screen between the adjacent properties. 4. Compatible bulk and height. The proposed home ~~ith a height of 25 feet 11 inches as measured from the average natural grade is compatible in terms of bulk and height with the existing residential structures on adjacent lots. The adjacent parcel to the south which is most impacted by the proposed development has three, two-story structures and a high percent of impervious coverage. In terms of solar access, the proposed home would not impair the solar access of adjacent neighbors since there is a 48 foot setback between the closest neighbor to the south of the property. The design maxitr~es the benefit of sun since the majority of the windows and the main living areas are located on the southwest elevation. S. Current grading and erosion control methods. The Zoning Ordinance (Sectionl5-11.160) requires in the Hillside Residential Zoning District that the Planning Commission make the following findings for grading in excess of 1,000 cubic yards on hillside lots. The following analysis addresses the required findings and concludes that the findings can be made to support the proposed grading. a. The additional grading is necessary in order to allow reasonable development of the property or to achieve reasonable vehicular access to the proposed development, Given the geotechnical constraints of the property; the additional grading is necessary to allow reasonable development of the property. b. The natural landforms and vegetation are being preserved and protected. '~. File 1~~0. 031T1-22461 MountFden Road Much of the cut proposed for the development is to create the basement. The existing seasonal drainage swale to the rear of the property is to remain undisturbed. A number of the trees in the path of development are to be relocated on the site. Thus natural landforms are being retained to a great extent. c. The increased grading is necessary to promote the compatibility of the construction with the natural terrain, The grading is necessary in order to achieve the height limitation of 26 feet. Excavation to lower the basement further into the hillside increased the need for additional grading in excess of 1,000 cubic yards. Lowering the structure into the hillside will minimize the prominence of the structure and increase the compatibility with the natural terrain. d. Grading is necessary to integrate an architectural design into the natural topography. The increased cut is necessary in order to integrate the structure into the natural topography. Given the limited build able area, the applicant is requesting atwo- story structure. The cut is necessary to integrate this architectural design into the natural topography. e. The increasedgrading is necessary to reduce the prominence of the construction as viewed from surrounding views or f rom distant community views. This finding can be met since lowering the house into the hillside will reduce the prominence of the structure. Lowering the house into the hillside creates the need for increased grading. f. No building site. shall be graded so as to create a flat visible pad surrounding the main residential structure. The proposed site plan does not depict a flat pad for the proposed house. Much of the existing topography is retained. As the above analysis indicates, the applicant has met the burden of proof required to support said application for Design Review approval. 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 by Udaya and Kavitha Shankar for Design Review approval is hereby granted subject to the following conditions: ~~ i~~~®~~ File Rro. 03-2T1-72461 MountEden Road COMMUNITY DEVELOPMENT I The development shall be located and constructed as shown on a Exhibit "A", Shankar Residence prepared by Robert Avilles Design dated 12/16/04 with revisions to 4/18/05 and Grading and Drainage Plan prepared by Lee Engineers dated 4/19/05 revised per the conditions of approval outlined in this staff report. Conditions outlined in this staff report shall be incorporated into the final plans. 1. A deed restriction must be recorded with the County Recorder of Deeds, which limits rental of the second dwelling unit to low or moderate-income households. This restriction must be recorded prior to final occupancy permit 2. Four sets of complete construction plans incorporating required revisions and the Resolution for application #03-272 and the Arborist Report on a separate plan page shall be submitted to the Building Division. 3. The location of the new fire hydrant as required by the Saratoga Fire District should be shown on the final site plan. 4. The existing equestrian trail along Mount Eden Road shall be formally dedicated to the City of Saratoga. This dedication shall be recorded on the deed prior to final occupancy permit. 5. The property owner shall maintain the sight distance triangle, which is required to improve visibility along Mount Eden Road for the driveway Encroachment Permit. 6. Lighting in the area of the balcony shall be low voltage and shielded to minimize the visual impact on adjacent neighbors. 7. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hndscaped area. 8. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 9. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 10. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. 11. A utility plan, including the location and trenching for the fire hydrant and other utilities shall be submitted with the revised plans for the arborist to review in terms of impact on adjacent trees. ®~~~~L4~ File No. 03-272 -22461 Moun[Eden Road 12. The landscaping along the southern property line shall be installed prior to the start of construction, in order to ensure that a visual screen is established prior to final occupancy of the proposed home. CITY ARBORIST REPORT The City Arborist re~~iewed this project and prepared two reports dated July 21, 2004 and January 3, 2005. These reports are included as Attachment 3. The recommendations of these reports are included as conditions of approval. Among the recommendations outlined in this report are the following: 1. Relocate trees # 18,19, 20, and 21 to an alternate location on the site. 2. A bond equal to $72,940, which is 100% of the trees to be retained, is required prior to issuance of final zoning clearance. FIRE PROTECTION DISTRICT The Saratoga Fire District reviewed this application on July 22, 2004. Their requirements, which are included as Attachment 4, are conditions of approval. The requirements specify among other items: 1. The developer shall install one fire hydrant unless the adjacent parcel at 22551 Mount Eden Road completes this hydrant requirement prior completion of the Shankar residence. 2. Automatic sprinklers shall be installed in the house, the second dwelling unit and any accessory structures which are 500 square feet or greater. GEOTECHNICAL AND PUBLIC WORKS REVIEW Geotechnical Clearance was granted on July 7, 2004 and the conditions of this clearance are included in Attachment S. Related geotechnical reviews are also included in this attachment. The conditions outlined in the July 7`h clearance memorandum are included as conditions of approval. SANTA CLARA COUNTY DEPARTMENT OF ROADS AND AIRPORTS The County issued a re~~ised Encroachment Permit on 12/29/04. This permit includes the requirement for sight distance clearance, which has been added to the Grading and Drainage Plan. The requirements of .this permit are included as conditions of approval. This permit is included as Attachment 6. 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 1.j4J~~ii+~l•3 File No. 03-272 - 22461 MountEden Road 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, Ciry 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. • ~®~~~.~ 6 File 1Vo. 03-272 -22461 MountEden Road 'I' PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of May 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 00018 Item 1 • REPORT TO THE PLANNING COMMISSION Application No./Location: 03-272/ 22461 Mount Eden Road ApplicandOwner: Udaya &r Kavitha Shankar Staff Planner: Ann Welsh, AICP, Associate Planner Application Type: Design Review Date: February 9, 2005 APN: 503-80-O1 Department Head: ?~i ~~ Q 500 ft Buffer - Shankar Shankar - Mt. Eden iZd °=~' ~ ~ .. Y ~ , ~~ iv1T E~RL1., ~, - ; ~. ~~~ 3' ~ ~q '-~ ~: ~_, TE ~x j~-'- MT E E R[3~. MT ED~.[~1 Fbp DEHR'T . ~~~ ~ ~ 0 250 500 750 1000 1250 ft_j 22461 Mount Eden Road 0~~~~~ File No. 03-ZT1-21961 MountEdea Road EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing. completed: Posting completed: PROJECT DESCRIPTION 12nvo3 12/23/04 v26/OS v26/OS v19/OS The applicant proposes to construct a two story Spanish style home with basement on the 1.89 acre lot which abuts Mount Eden Road and presently contains a two story home with a barn, a horse stall and second dwelling unit. The home is 5,842 squaze feet in floor azea with a 1,908 square foot basement. A 533 squaze foot second dwelling' unit is proposed The property is currently within Santa Clara County but is in the process of being annexed to the Ciry. . With the annexation, .the pazcel is to be reviewed under the pre-zoning of Hillside Residential District. STAFF RECOMMENDATION Staff recommends that the project be approved with conditions relating to landscape, trail easements, and buffer screening. ATIACIiMENTS 1. Draft Resolution 2. Arborist Reports dated 7/2v04 and 1/3/05 3. Fire Department report dated 7/22/04 4. Geotechnical Clearance Memorandum dated 7/v04 and Geotechnical Reviews dated v 8/04 and 3/16/04. 5. Santa Clara County Encroachment Permit 12/29/04 6. Affidavit of Mailing 7. Neighborhood Correspondence 8. City Council Report -March 3, 2004 -Initiation of Annexation Proceedings 9. Plans, Exhibit 'A' ®~~®:~® • • • File No. 031T1-ZZ46lMountEdenRoad • ~ STAFF ANALYSIS ZONING: Prezoned -Hillside Residential District GENERAL PLAN DESIGNATION: The Hillside Specific Plan states that apre-zoning density designation should be established for County lands. Since this parcel is pre- zoned Hillside Residential and is in the process of being annexed to the City from Santa Claza County, the General Plan designation is the same as Hillside Conservation Single Family which permits .5 DU/net acre. MEASURE G: Not applicable PARCEL SIZE:1.89 acres square feet gross. AVERAGE SITE SLOPE: Average slope of lot is 28.27% GRADING REQUIRID: The grading plan indicates that the project will require 810 cubic yazds of cut and 770 cubic yards of fill of this amount, 585 cubic yards of cut and fill is required for the basement. Thus, 995 cubic yards of cut and fill is required for grading exclusive of the basement. Since basement excavation is not typically counted as grading, the threshold is not met for considering the findings for grading that exceeds a 1,000 -cubic yards. in accordance with Section 15- 13.050(f). ENVIRONMENTAL DETERMINATION: The proposed project consisting of constructing 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 azea and is connected to utility and roadway infrastructure and consists of constructing a new home. MATERIALS AND COLORS PROPOSID: The plans depict stucco with sand finish facade in Kelly Moore, Navajo White and Spanish Clay Tiles in VieJo Blend, which is a rust blended color. o~ozi Ft/eNo. 03-1T1-TZ961MouatEdenRo~ad Lot Size Lot Coverage: Floor Area: Setbacks: Height: Hillside Residential Building Footprint Driveway/Parking Walkways, Patio Pool TOTAL First Floor Second Floor w/Garage Second dwelling Basement TOTAL Front Side House -Rear Proposal Code Requirements 82,328 sq. fix 87,120 sq. ft. Maximum Allowable 25% of net site area or 4,370 sq. ft. 15,000 sq. ft. 5,670 sq. ft. 800 sq. ft. 10,840 sq. ft. 2,801 sq. ft. Maximum Allowable 2,387 sq. ft. 6,428 sq. ft.~"" 654 sq. ft. 533 sq. ft. (1,908 sq. ft.) 6,375 sq. ft. ' Minimum Requirement 35 ft. 30 ft 48 ft. 20 ft. 176 ft. 60 ft. Two Story Maximum Allowable 25 ft.10 in. 26 ft. '~ Due to 28.27% slope, net site area is reduced by 549'o for the purpose of calculating floor azea, yielding a net site area of 37,871 square feet. ~'~ Section 15-56 (d) permits a 10% floor area bonus for second dwelling units if the property is deed restricted for low or moderate-income rental. This provision provides an additiona1584 square feet of floor area and permits retention of a portion of the existing second dwelling. ~~Q~~~~ • C7 s File No. 03-2T1-22461 MountEden Rorad PRO ECT DISCUSSION J This application is for Design Review approval of a 1.89-acre property that is currently located within the County but is proposed for annexation to the City at the City's request. This parcel is pre-zoned Hillside Residential which permits single-family dwellings on two acre lots. A resolution initiating the annexation was adopted by City Council on March 3, 2004 and another resolution finalizing the annexation will be scheduled for a City Council vote in the near future. Since the parcel is pre-zoned Hillside Residential (HR) it is being reviewed in accordance with the Saratoga Hillside Residential zoning standards. This project has undergone numerous revisions. The initial location of the house was proposed on the same basic footprint as the existing house. However, after the City Geologist reviewed the previous location, the applicant decided to move the- house location in an attempt to avoid the landslide impacting that building location. As the geotechnical report states "land sliding of variable activity is present to -the west, north and east of the proposed building site " (March 15, 2004, Geotechnical Report) Thus, geotechnical limitations had a major impact on the location of the proposed house on the lot. The applicant proposes to demolish the existing two story house and construct a two story, 25 foot 10 inch high Spanish style home containing 5,188 square feet with a 654 square foot attached basement level garage and a 1,908 square foot basement. A 550 square foot balcony is proposed to project from the kitchen area to the west of the property. The property presently has a barn, which is to be demolished, and a horse stall which is to be modified and a second dwelling unit containing 533 square feet which is to be remodeled to eliminate the square footage within the garage. The total square footage for the property is 6,375 square feet excluding the basement. The parcel has an average slope of 28.27%. The applicant is seeking the 10% density bonus for the second dwelling unit in return for deed restricting the second dwelling as a low ormoderate-income rental unit. NEIGHBORHOOD INPUT Comments were received from a number of the neighbors. -The neighbor to the south of the property had concerns with the drainage plan. He objected to the dissipaters being located close to his property line. In response to this, the applicant revised the main drainage line from the house; however, the remaining dissipater at the property line should also be rerouted to eliminate concentrated flow onto the adjacent southern property. This revision is included in the conditions of approval. This neighbor also had concerns with the balcony. The issue was the potential lack of privacy such a feature might create between the two properties. In response to this concern, staff recommends that the balcony be scaled back to minimize impacts on ®~~J2~ FikNo. 03-172 -12461 Mount EdenRoad privacy. In addition, the landscape plan should be revised to depict additional evergreen plantings at the mutual property line in order to create. a visual buffer to enhance privacy. The applicant does not want to scale back the balcony and considers the evergreen buffer as sufficient mitigation between the two properties. Another concern expressed by neighbors was the location of the new driveway. In response to this concern, staff contacted the Santa Clara County Department of Roads and Airports since this portion of the road is maintained by Santa Clara County. An Encroachment Permit had akeady been granted for the driveway; however staff requested that the County re-check the driveway for safety concerns. In response to this request, the County made a site visit and revised the conditions of their Encroachment Permit. The County conditioned the Encroachment Permit on the property owner maintaining a sight triangle by removing and/or pruning trees and vegetation and grading an elevation, which interferes with, sight distance. Removal and pruning of the trees and lowering an embankment at this curve along Mount Eden Road may contribute to the overall safety of this juncture in the road, which according to one neighbor has been the site of a number of accidents. This sight distance line was reviewed by the City Arborist and he noted that achieving sight distance to the west would involve minor pruning of four trees. However, achieving _ the sight distance to the east would place five trees at risk of removal. He also recommended revising the limits of grading to avoid impacts on two nearby oak trees. 'lion of the second dwellin unit. Another issue brought up by a neighbor was the dispose g The concern was that the existing second dwelling be remodeled to reflect the design to the proposed main house. Also, the creation of the carport in the second dwelling unit was questioned. The thought was that a completely enclosed garage space is preferable to a carport. In order to meet the allowable floor azea, the garage portion of the existing second dwelling would be converted into a carport because this is not considered as floor area. Given that the existing garage is built against a hill and by virtue of topography is well below and screened from Mount Eden Road, there appears to be little visual impact to creating a carport in this area. Staff recommends that the front facade of the structure remain. Another neighbor expressed concern with the size of the house saying that they felt that it was too large. Responses from eight of the surrounding neighbors were generally in favor of the project and stated that they did not have any concerns that needed to be addresses prior to the public hearing. • ~~~~~~ File No. 03-?T1-Z?'f61 MountRden Road ~. TRAILS SUBCOMMITTEE The Trails Subcommittee recommended that the existing equestrian trail, ~ ated saes a portion of the property frontage along Mount Eden Road, be formally de permanent trail easement. The applicant would prefer not to formalize this trails use and encumber his property with an easement although he will continue to allow the use of the trail for equestrians on an informal basis. Staff recommends that the existing trail be formally dedicated to the City because it will link with the Ho Subdivision trail and create a lasting public amenity. Recording an easement for the equestrian trail is included in the conditions of approval. 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. (b).preserve natural landscape. .(c) Minimize perception of excessive bulk (d) Compatible bulk and height. (e) Employs current grading and erosion control methods. (f) Utilizes Residential Design Guide policies and techniques. Actual Findings The following findings have been made regazding the proposed new construction. (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 andprivacy. The proposed construction impacts the scenic character of Mount Eden Road as well as the view of the neighbor south of the property. In order to m;nin,~e these impacts the following recommendation aze made. 1. Since the driveway location requires regrading along the roadway within a sight triangle azea, the area east of the regraded area should be planted with replacement vegetation and evergreen trees, which will eventually create a visual buffer. between this house and Mount Eden Road 2. The proposed balcony is oriented towards the large yard area, which is the high quality view however this deck may impact the privacy of the neighbor south of the property. In order to rninim;7e this impact the plans should be revised to reduce the length of the 25-foot balcony. Also, structural features such as planter boxes or some other design technique should be placed along the southern portion of the balcony in order to limit view angles to long rather than short. distance views towards the neighbor's property. In addition a substantial landscape buffer of evergreens should be .~~~~~~ File No. 03-271-22'f6lMountEdenRa~ad planted within the southern property line setback azea in order to enhance mutual privacy. Lighting on the balcony should be shielded and kept to a minimum in order to maintain the scenic character of the area. (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 minimi2ed and will be in beeping with the general appearance of neighboring developed areas and undeveloped areas. The plan proposes to retain a significant portion of the natural landscape. The drainage channel to the rear of the property will be undisturbed. The impervious coverage ratio for the property is proposed at 13% of the site. The existing equestrian trail is to be dedicated along Mount Eden Road Four of the trees which would be removed. to achieve the site design are to be retained and moved elsewhere on the site. The comments of the azborist regarding grading at the front stairway and the grading boundary at the sight triangle shall be incorporated into the final plans. (c) Minimize perception of excessive bulb. The proposed main or accessory structure in relation to structures on adjacent lots and to the surrounding region will minimize the perception of excessive bush and will be integrated into the environme-u. The proposed main structure uses azchitectural features to break up massing and is in kee in with the character of the existing neighborhood; The north and east facade P g -which would be most prominent along Mount Eden Road are low profile in desiga The south and west facades have greater setbacks to mitigate the prominence of the elevation. (d) Compatible bulb 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 with a height of 25 feet l0a h es ~ s~m~ ~e ~ o~g ~a~ gael natural grade is compatible in terms of bulk an gh structures on adjacent lots. The adjacent parcel to the south which is most impactedby the proposed development has three; two story structures and a high percent of impervious coverage. In terms of solar a there~ea 48f oo t tback between the closest solaz access of adjacent neighbors sm neighbor to the south of the property. The design maximizes the benefit of sun since the majority of the windows and the main living areas are located on the southwest elevation. (e) Current grading and erosion control methods. The proposed site development orgradingplan incorporates current grading and erosion control standards used by the Ciry. ®Q~~~;~b F~eNa 03-1T1-ZZ461MountF_deaRoad The grading plan indicates that the project will require 570 cubic yazds of cut and 15 cubic yards of fill for the basement and the remaring cut and fill will amount to 995 cubic yards. The applicant will be required to minim~e the impacts of grading in the vicinity of protected-trees as indicated in the azborist report including eliminating fill in the vicinity of trees #10,11, 12 and 17 and min;m;zing cut in the area of the sight distance triangle to preserve the tree canopy along Mount Eden Road and preserve as much of the natural topography as possible. (~ Design policies and techniques. The proposed home will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook The proposed project conforms to Residential Design Handbook Policy #1, Technique #6, use architectural features to break up massing, by the low profile entry along Mount Eden Road and varying height of roof elements. Policy #2; integrate structures with the environment, Technique #1, use of natural colors and materials is addressed through use of neutral colored stucco and rust/brown colored tile-roofing material. Technique #4, integrate all structures on the site is addressed by combining the garage and house in a single structure and coordinating the colors-and material of accessory structures. Policy #3, avoid interference with privacy, Technique #1 is addressed by planting of additional trees and landscaping to ensure privacy, and scaling back the balcony. Technique #3, maintain landscaping to enhance privacy, is addressed by requiring tree planting, ~nim;zing tree removal and requiring additional landscaping. Policy #4, preserve views and access to views, Technique # 2, which calls for ma~imi?ing views while avoiding privacy conflicts, is addressed by planting trees in areas of potential conflict and scaling back the proposed balcony. Policy #5, design for energy efficiency, Technique #1, design for maximum benefit of sun and wind is addressed since the main living azea windows aze southwest facing in orientation. Technique #3, allow light, air and solar access to adjacent homes, is addressed since the proposed home with a 48 foot setback to the. closest neighbor will not encroach on their solaz access. Thus the above analysis concludes that the findings required for granting design review approval can be met if the plans are revised per the conditions outlined in the staff report. The City Arborist, the Saratoga Fire District, the Public Works Department, the City Geotechnical Consultant and Santa Clara County Roads and Airports Department have .reviewed this application. Their comments are included as conditions of approval. COMMUNITY DEVELOPMENT The development shall be located and constructed as shown on Exhibit "A", Shankaz Residence prepared by Robert Avilles Design dated December 16, 2004 and Grading and Drainage Plan prepared by Lee Engineers and dated January 3, 2005 as revised per the conditions of approval outlined in this staff report. Conditions outlined in this staff report shall be incorporated into the final plans. - - ---.: Fi/eNo. 03-1T1-1146JMountEdenRo`zd 1. Revise the balcony .area by reducing the length of -the balcony to the degree whereby it does not impact the privacy of the neighbor to the south and it is not a conspicuous design element from Mount Eden Road. 2. Revise the Grading and Drainage plan to eliminate the energy dissipater adjacent the proposed swimming pool. Connect the pipe to the western drainage pipe which is depicted adjacent the proposed house. 3. The right side elevation adjacent the garage of the house shall be revised to reduce the cleazance between ground floor elevation and finished grade to no more than five feet. This can be accomplished by a creating a berm along the facade which slopes down to natural grade. 4. In accordance with Section 15-06.090 of the Zoning Ordinance, revise the ratio between garage and basement to equal the 20%/80% requirement in order for the basement to not be included as floor area and the house to be viewed as two story. This requires eliminating one bay of the garage and excavating one hundred additional square feet of the basement. The applicant must consult staff in making these revisions. 5. Due to the landslide issues with the site, staff recommends that all surface water be carried off of the site. On-site water retention does not appear feasible for this site. 6. The retaining wall that is located within the front yard setback must be reduced to three feet per Zoning Ordinance section 15-29(b). 7. A deed restriction must be recorded with the County Recorder of Deeds, which limits rental of the second dwelling unit to low or moderate-income households. This restriction must be recorded prior to final occupancy permit. 8. Four sets of complete construction plans incorporating required revisions and the Resolution for application #03-272 and the Arborist Report on a separate plan page shall be submitted to the Building Division. 9. The complete construction plans shall include a revised final landscape plan. This final landscape plan shall depict the trees which are to be transplanted as per the recommendation of the City Arborist, the proposed evergreen buffer screening at the southern property line and along Mount Eden Road, the replacement trees as well as tree protection fencing as depicted in the Arborist Report. 10. The location of the new fire hydrant as required by the Saratoga Fire District should be shown on the final site plan. 11. The existing equestrian trail along Mount Eden Road shall be formally dedicated to the City of Saratoga. This dedication shall be recorded on the deed prior to final occupancy permit. ~~~~2~ • e LJ ~o Fi]eNa. 032T1-22961 MountEden Road 12. The sight distance triangle, which is required to improve visibility along Mount Eden Road for the driveway Encroachment Permit, shall be maintained by the property owner. 13. Pest resistant landscaping plants shall be considered for use throughout the landscaped azea, especially along any hazdscaped area. 14. Plant materials selected shall be appropriate to site specific characteristics such as soil type; topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 15. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 16. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. 17. A utility plan, including the location and trenching for the fire hydrant shall be submitted with the revised plans for the azborist to review in terms of impact on adjacent trees. CITY ARBORIST REPORT The City Arborist reviewed this project and prepared two reports dated July 21, 2004 and January 3, 2005. These reports aze included as Attachment 2. The recommendations ~_~___ outlined in this report are the following: 1. Relocate trees # 18,19, 20, and 21 to an alternate location on the site. 2. Revise the driveway and curb to be at least 9 feet away from the trunks of trees #2 and 3. (This requirement conflicts with the sight triangle cleazance conditions of -the Encroachment Permit.) 3. A bond equal to $72,940, which is 100% of the trees to be retained, is required prior to issuance of final zoning clearance. FIRE PROTECTION DISTRICT The Saratoga Fire District reviewed this application on July 22, 2004. Their requirements, which are included as Attachment 3, are conditions of approval. The requirements specify among other items: 1. The developer shall install one fire hydrant unless the adjacent parcel at 22551 Mount Eden Road completes this hydrant requirement prior completion of the Shankaz residence. ®®®~~~ i~ File No. 03-7T1-?2961 MountEden Road the second dwelling unit 2. Automatic sprinklers shall be installed in the house, and any accessory structures which aze 500 square feet or greater. GEOTECHNICAL AND PUBLIC WORKS REVIEW Geotechnical Clearance was granted on July 7, 2004 and the conditions of this clearance aze included in Attachment 4. Related geotechnical reviews are also included in this attachment. The conditions outlined in the July 7`~ Clearance memorandum aze included as conditions of approval. 1. A noteworthy item in the geotechnical cleazance memorandum is the following: due to the complexity of the landslide conditions, at a minimum daily inspections by the Geotechnical Consultant shall be completed during grading of identified landslide areas. SANTA CLAR.A COUNTY DEPARTMENT OF ROADS AND AIRPORTS The County issued a revised Encroachment Permit on 12/29/04. This permit includes the requirement for a sight distance cleazance, which has been added to the Grading and Drainage Plan. This permit is included as Attachment 5. CONCLUSION The proposed residence is designed to conform to the policies. set forth in the City's Residential Design Handboo7k and? to satisfy the findings required within Section 15-45.080 of .-.~_ ~,.ae ;~ ~P,7PIf1T',Pfl wirh r1,P recommended conditions. The residence 1S compatible with the neighborhood, natural features are preserved within the constraints of the site and privacy impacts are minimized. The proposal if developed with conditions and revisions, will satisfy Hillside Residential 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 the Resolution for application #03-272. L V ~/ V V'~O ~Y ._ '1 12 • Attachment 3 • ~~~~~~ RESOURCES ~ ARB Professional Arboricultural Consulting & Tree Care A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 22461 MT. EDEN ROAD SARATOGA, CALIFORNIA OWNER'S NAME: SHANKAR APPLICATION #: 03-272 APN #: 503-80-001 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 Jul 21, 2004 y _ ~~~i~~~~~iG P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlir~ „P+ Phone: 650.654.3351 • Fax: 650.654.3352 ~ Licensed Contractor #7967b_ David L. Bobby, Registered Coting Arborist • July 21, 2004 SifMMARY Twenty-nine trees were inventoried for this report. Of these, seven (#18-23 and 25) are in conflict with the proposed design. As mitigation, I recommend replacements for trees #22 and 23, and the relocation of trees #18-21. Tree #25 should be removed regazdless of the proposed project and replacements are not suggested due to its significantly poor structural condition. Plan revisions are recommended to protect the longevity and structural form of trees #2 and 3. Tree #26 should be permitted for removal due to its weakened stability condition. Replacements aze recommended. 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 22461 Mt. Eden Road, Saratoga. This report presents my findings and recommendations. Plans reviewed for this report include Sheets 1 thru 10 by Robert Aviles Design, dated 6/26/04. The trees' locations, numbers and canopy perimeters are presented on an attached copy of Sheet 1 (Site Plan). Trees #1, 8, 10, 18, 19 and 21 aze not shown on the Site Plan. Their locations were plotted on the attached map and should not be construed as being surveyed. I suggest each tree's location be shown on all future plans. Tree #24 is located on the neighboring western property. It was included in this report as its root zone and canopy are susceptible to potential damage during construction. .For identification purposes, metallic tags with engraved numbers corresponding to those presented within this report aze attached to the trees' trunks (the exception being #24). FINDINGS Twenty-nine trees regulated by City Ordinance were inventoried for this report. All trees are considered native to the City and include 19 Coast Live Oaks (Quercus agrifolia) and 10 Valley Oaks (Quercus lobata). Trees #18-23 and 25 aze in conflict with the proposed design and would either be removed or expected to decline and/or become unstable. ~~~~~~ Shankar Property, 22461 Mt. Eden Road Saratoga Page 1 of 4 Ciry of Saratoga Community Development Department David L. Bobby, Registered Consulting Arborist • -July 21, 2004 i Trees #22 and 23 are situated where soil is eroding away. The proposed grading appears necessary to correct the situation; however, the activities will jeopazdize the trees and promote their decline. As such, they will be considered a loss whether retained or removed. Given the trees' relatively small size, location and less than ideal structural stability, I fmd their loss is appropriate. Trees #18 thru 21 will also require removal to achieve the proposed grading and/or home design. I fmd they aze suitable for retention and should be relocated to an alternate location on site rather than be removed. This work shall be performed under the supervision of an International Society of Arboriculture (ISA) Certified Arborist. I recommend tree #25 be removed regazdless of the proposed project. Decay is prevalent throughout its lower trunk and has created a lazge hollow in the trunk's base. As such, the tree is unsafe and presents a significant risk to public safety. Though not in direct conflict, the longevity and structural form of trees #2 and 3 would be at risk by implementing the proposed design. To maintain their current condition and achieve sufficient overhead clearance, I recommend the driveway (including curb) be redesigned to be at least nine feet from the trees' trunk. Tree #26 is proposed for removal and I support this decision. The soil surrounding the base of the trunk has eroded away and exposed most of the structural support roots. The tree appears to have slightly uprooted as evidenced by its slight lean towazds the north. Overtime, I suspect the tree's ability to support itself will become further compromised. For the above reasons and those stated in my eazlier report dated 12/29/03, I find the removal of this tree is appropriate. Replacements are recommended for mitigating the loss of trees #22, 23 and 26. They must consist of those defined by the City of Sazatoga as being native and be equivalent in value to those removed. RECOMMENDATIONS The recommendations presented below aze based on plans reviewed. They aze subject to change upon the plans being revised. 1. The driveway and curb should be redesigned to be at least nine feet west from the trunks of trees #2 and 3. 2. The locations of all trees presented within this report should be shown on all future site, grading and drainage, and landscape plans submitted to the City. 3. Tree protective fencing shall be installed prior to any demolition, grading, surface scraping, construction or heavy equipment arriving on site. It shall be comprised of six-foot high chain link mounted on two-inch diameter, galvanized steel posts, driven ~00~~~~ Shankar Property, 22461 Mt. Eden Road, Saratoga Page 2 of 4 l City of Saratoga Community Development Department David L. Gabby, Consulting Arborist • July 21, 2004 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. Fencing shall be placed precisely as shown on the attached map, and be no further than one-foot from the proposed and existing driveway, and two feet from the proposed retaining wall near tree #15 and staircase beneath tree #17's canopy. Please note the fencing assumes the driveway will be revised beneath the canopies of trees #2 and 3. 4. Should the existing horse trail remain open during construction, I recommend the fencing's location be reviewed on-site with the general contractor and me prior to grading or demolition occurring. 5. Unless otherwise approved by the City, all demolition and construction activities must be conducted outside the fenced areas (even after fencing is removed) as well as outside from unpaved areas beneath the canopies of trees inventoried and not inventoried for this report. These activities include, but aze not limited to, the following: grading; surface scraping, trenching, storage and dumping of materials (including soil fill), and equipment/vehicle operation and pazking. 6. The removal of handscape beneath the trees' canopies must be performed carefully to avoid scraping the soil surface and roots immediately beneath the surface. I recommend the handscape is manually removed. Equipment shall not operate or park on unpaved soil beneath the trees' canopies at any time. 7. Throughout construction, water must be supplied every three weeks to each retained tree during the months of May thru October. I suggest an application rate of 10 gallons- . per inch of trunk diameter. The water can be effectively applied by placing soaker hoses on the soil surface beneath the trees' mid- to outer-canopies. 8. All underground pipes and irrigation lines planned for removal beneath the canopies of retained trees .should remain buried and be cut off at existing soil grade. 9. Upon availability, plans showing drainage, irrigation and underground utilities should be reviewed by the City for tree impacts. Additionally, plans to landscape other areas of the property not shown on the current set of plans should also be reviewed prior to installation. 10. All underground utilities (i.e. water, gas, sewer, electrical) should be designed outside from beneath canopies of retained trees. 11. Irrigation should spray not spray beneath the trees' canopies. Irrigation trenches should be designed at least 10 times the diameter of the nearest trunk; irrigation installed within this distance should be placed on top of existing grade. 12. All plant material planted beneath a tree's canopy must be compatible with Oaks and be drought tolerant. Shankar Property, 22461 Mt. Eden Road Saratoga Page o, Q ~~ City of Saratoga Community Development Department David L. Babby, Registered Cons~ting Arborist • July 21, 2004 13. Mulch, stones or other landscape features must be placed no closer than two feet from the base of the trees' trunks. Bender board should not be installed and tilling of the soil should not occur beneath the trees' canopies. 14. Herbicides should not be used beneath the trees' canopies. Where used on site, they should be labeled for safe use near trees. 15. I recommend trees # 18 thru 21 be relocated on site rather than removed. They must be installed at least 20 feet from another and outside from beneath the canopies of other trees. The work must be performed under the supervision of an ISA Certified Arborist and according to industry standards. Post-transplant care guidelines should be provided by the aborist, and shall include installing adrip-type system water- supply source to irrigate the root ball for two to three years following transplant. I suggest the trees be relocated prior to any grading or demolition occurring. 16. The removal and pruning of trees must be performed under the supervision of an ISA Certified Arborist and according to ISA standards. Information regarding Certified Arborists in the area can be obtained by referring to the following website: http: //www. isa-arbor. com/arborists/arbsearch. html. 17. Soil should be cleared from the trunks of trees #14; 15 and 16 to expose their root collars (the area where the support roots and trunk merge -indicated by a distinct swelling at their trunks' base). The work shall be performed under supervision of an ISA Certified Arborist or a landscape contractor familiar with the process. 18. New trees equivalent in value to trees #22, 23 and 26; which is $18,770, shall be installed on site prior to final inspection. The replacement values are shown on the bottom of the attached table. Acceptable replacement species include Quercus agrifolia, Quercus lobata, Quercus kelloggii, Quercus douglasii, Quercus dumosa, Acer macrophyllum, Aesculus californica, Pseudotsuga menziesii and Sequoia sempervirens. The replacement species, location and size should be shown on the landscape plans. The future location of the relocated Oaks should also be shown. TREE PROTECTION BOND Per City Ordinance, a bond equal to 100% of the appraised value of trees planned for retention is required (including those to be transplanted). My review reveals this amount to be $72,940. 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. Attachments: Tree Inventory Table Site Map (Copy of Sheet 1) pm~03f Shankar Property, 22461 Mt. Eden Road, Saratoga Page 4 of 4 City of Saratoga Community Development Department ARBOR RESOURCES. ~ Professional Arboricultural Consulting~,& Tree Care TREE INVENTORY TABLE er ,-. ~ o ~ o w y 3 ~ '% A .-. y ~ aU ~ .~ ~ ~ b ~ o ~' b ~ o c ~ w ~. °a ~ ;~ ` ' ~ a. b^ ~ C ~ U~ 'EGG U ~~ ~a~ s ~. o .~ . TREE > 8 ;~ °' o ~ ~ g ~ ° ° $ . ~ ~ ~ ' ~. ~ > . x U c ~. ~ gg~~ F. NO. TREE NAME F+ ' U ^ .. v~ .. O v~ A ~ Coast Live Oak 1 (Quercus agrifolia) 11 20 25 100% 50% Good High 4 - X - $2,030 I 2 Coast Live Oak I (Quercus agrijolia) I 15 I 25 I 30 I 75% I 50% I Fair Hi ~ I I 1 - I - I - I I $2,500 3 Coast Live Oak (Quercus agrifolia) 12, 8.5 20 30 100% 25% Fair Moderate 2 - - - $2,360 4 Valley Oak (Quencus lobam) 8 25 20 75% 25% Fair Moderate 4 - - - $1,030 5 Coast Live Oak (Que~cus agrifolia) 9 20 20 100% 25% Fair Moderate 4 - - - $1,090 Valley Oak (Quercus lobata 9.5 30 30 75% 50% Fair High 4 - - - $1,580 7 Valley Oak (Quercus lobata) 9.5 20 35 75% 25% Fair Moderate 4 - - - $1,320 S Coast Live Oak (Quencus agrifolia) 13.5 20 25 100% 25% Fair Moderate 4 - X - $1,970 9 Valley Oak (Quencus lobata) 11 30 25 75% 25% Fair Moderate 4 - - - $1,660 10 Valley Oak (Querouslobata) 8 30 20 75% 50% Fair High 4 - X - $1,710 11 Valley Oak (Quercus lobata) 15 35 40 75% 50% Fair High 3 - - - $3,370 12 Valley Oak (Quercus lobata) 8.5 30 15 75% 25% Fair Moderate 4 - - - $1,120 13 Valley Oak (Quercus lobata) 10 30 20 75% 25% Fair Moderate 4 - - $1,420 Site: 22461 Mt Eden Rd, Sorotoga ~ r Prepared for: CiryofSarotogaComn~rinityDeveloplnentDept ~~~~~ ~~ Prepared by: David L Babby, RCA 1 of3 July 21, 2004 ., ,- ' -~ ARBO~RESOLIRCES ~ Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE ,-. o .. ~ ~~ ~ ~ ~ ~ ~ A ~ ~ ° 04 as 0.1 U ~';~ .. ~ °~ ~ v o a TREE °>'. ~ .r m °' a T o ~c o ~ ~c ~o ~. ~ :~ ~ ~ ~ v~ > °~~ ~ ~ ° ~ ~~ °~ ¢.: ` ~ N0 TREE NAME .~ x U ~ v .~-~ O - ~ .A--~ q . F ., Coast Live Oak 15 (Quercus agrifolia) 13 35 30 100% 25% Fair Moderate 2 - - - $2,100 Coast Live Oak )uercus agrifolia) 22 25 30 100% 25% Fair Moderate 3 - - - $5,400 Coast Live Oak >uercus agrijolia) 19 5 25 35 100% 25% Fair High 2 - - - $4,680 Coast Live Oak hter~cus agrifolia) 7 10 15 100% 75% Good High - X X - $1,140 Coast Live Oak heercws agrifolia) 6.5 10 15 75% 50% Fair Moderate - X X - $750 Coast Live Oak )uetrrts agrifolia) 11.5 20 25 100% 100% Good High - X - - $2,8 Coast Live Oak )uerous agrifolia) 7.5 15 15 100% 75% Good High, _ X _ _ $1,230 Coast Live Oak )uerrus agri olia) 7.5 15 10 100% 50% Good Moderate - X - - $1,090 Valley Oak Quercus lobam) 6.5 20 10 100% 50% Gaod Moderate - X - - $1,180 Coast Live Oak htercus agrifolia) 22.5 15 30 75% 50% Fair High 5 - X X $6,100 Coast Live Oak htencus agrifolia) 15, 14, 12,11 40 40 50% 0% Poor Low - X X - $0 Valley Oak Quercus lobam) 37 60 90 75% 50% Fair Moderate 3 - X - $16,50( Coast Live Oak htercus agrifolia) 17.5 25 35 75% 25% Fair Low 3 - X - $2,790 Coast Live Oak htetcus agrifolia) 20 35 40 100% 75% Good Moderate 3 - - - .$6,000 REPLACEMENT TREE VALUES 15- Ilon = 5120 24-inch box =5420 36-inch box = 51,320 48-inch box = 55,000 52-inch box = 57,000 72-inch box = 515,000 Site: 22461 Mt Eden Rd, Saratoga Prepared jor City of Saratoga Commrtnity Developtnettt Dept Prepared by: David L Babby, RCA 1 of 3 July 21. 2004. _ _. ' ARBO RESOURCES ~ ~ . - Professional Arboricultural Consulting & Tree Care TREE IlWENTORY TABLE ;-. w .., ~ ~ ~ ~ o .. . q ~ ~ @ ,-, ~ .d. ~ ib ~ c .i~ °bg c ~ ~.a ~ , a b^ ~ °~• ~ w b m a ~ ' :8 a U w 0 w ~ . ~" ~ ~~ ~ ~ ~ o ~ ¢ ~ ~ A ~ ~ ~ U Gq ~ P~1 ~ b . ~ ~ ~ ~ ~ ~ Q TREE - > ~ ~ ~ o ~ ' ~ o ~ o ~ o ~ ~ ~ ~ x a'~. c ~ ~ o 'r a ~ NO. TREE NAME (~ -K ~ V- x v-- ~ ~ . ~ ~ w . . ~ . . . I Coast Live Oak) I I I I ° I ° I ~_ ~ I I - I I - I I 29 (Quercus agrifolia 32 55 70 50 /0 75 /o Fair Hi 4 X $14,600 REPLACEMENT TREE VALUES 15- allon = 5120 24-inch box =5420 36-inch box = 51,320 48-inch box = 55,000 52-inch box = 57,000 72-inch box = 515,000 Site: 2II61 Mt Eden Rd, Saratoga Prepared jar: City of Saratoga Community Development Dept Prepmed by: David L Bobby, RCA 3 oj3 ~.i+~~~;+a~~ Jr....., ..,.a . I .1, 2Y ICI \~` M7~1„e I~ ~~ ~• i I /\ - ` ~ / iJ .. ~ ' ~ : ~ ~ SCALE: 1' = 20' 2 ro ~ ~. wH IIiG e• ~ i .~4,5 ~•.. • . ~~. ' 6 ~ • ~ ~ ;P6 Site Address: 22461 Mt. Eden Road, Saratoga 4 ;k spared for. Ciry of Saaatoga Commmity Developnrcnt Department PROTECTIVE FENCING ts'-off •g • *~ \ bRIVeWAY ` 9, N3IC;: Map"idrntifies 29 trees of Ordinance siu. - ~ 47•i.00 / \ Canopy perimeters are approximate. ~ \ -Map hez been reload (n siu end is not to scale. c< ' ~ ' 10~~ '12 ' ~ ~~ 3r ~ ~: 1n1y 21, 2004 ~~ ~~ ,il ~ 131 14~ ~MaD F, S. t p . ~ • 16 ~65s, :. ~j- V t~~Rbg ~ ~- ~ ~ ~~ ~o ~ t. RKQW~Cb R€51D:JJCE \ ~ /rsut. '~ ' ~ pJ9gT.T.0.9.•474.00 ~ wASte 8, 4 ...G~e 19G RA.PP, •4BCo.2•J i. F,](LN.SD \ r.y .' .rot9.73 - r 1 4. J L \ (Z)CA oFF ~ . , _ STKEE~PPRICG ` ` ~~MNS.p~ 21 ~~ TW] ~ ...\\ ~Q '¢~ \ F4urtat ~ . F8}SD ~. ~`~ ~. ~ ~ `~ O ` ~ ' 1 `~ , 1'~~ ~ --. ~~.. 'EXIST. EbGE ) vl \ G1F GAV EriENT y 9 D1'"°"4•°° ~ PROTECTIVE FENCING ., °R"'1' ~o ~ ~ ~ / \ \ ~~ OOt - a OAcK boas Ni ' OEaK ~ \\ e .r'.d"R 7NL_ G79AO 16)bAR ' ~nu 41.9ao /7R.REtlNN .",~ .~ ~ ~ ~'. 26 ~ '„ `ear ~ I 0~,~ (NET) ~ - ~ 1 f tl 25~ ~ .oo ' ~igtVrc _.~ '~ ~2i ~-~~ Prepared By: 11RBOR RESOURCES ' Profeulonnf Ar6arleuRural C. onrxlring R Tree Cnre P.O. Ba 25295 San Mateo. CA 91402 Phax: (650) 654-??51 • Email: arborresoerar:dcarthlink.ma '~~ 5Mr5'V'rr ~] 9~' .a>, pRoJ SC.T~ O.ESGRIPTION: b6t-(o(,FiN EXISTING 25To1?Y y,Fb 'fLFE GITs(, ~6-( BDCKS . ceN~1P11cT N 6w 2 sToR`( h• F, b• J 1•E'rfEls=. T}4RT 6Wk. q. At.(. hDJACENj 1•AIJG USE IS RESIbENT1AL (S.F.R) ~„ Slb~tl'~6LDG; - r (~ N. A5 2ND,. IT / `] o^ -J1~ :: °~ • • . .Y}~. ~ ~ ., ~.K ,A,R.BOR ~,ESOURCES~~, „ ... Professional Arbnric:~ltural t:onsultrnR',c4c -Tree C:ar~ January 3, 2005 Ann Welsh Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: S1TB DIS'1'AN~CE L1NE REVIEW; 2246.1 IV1t.1N;den toad, Saratoga [Dear Ann: have reviewed the `site distance lines' proposed on the Grading; and Drainage Plan (dated 12/t/04 by Lee Engineers), and my findings and recommendations are presented below. t . The proposed `sight line' west from the driveway entrance appears obstructed only by branches of one Valley Oak and three Coast Live Oaks. Sight clearance can seemingly be achieved through the pruning of these trees. 2. The proposed `site line' east from the driveway entrance is obstructed by numerous trees. My assessment reveals trees 1f2, 4, 7, 1 S and 16 arc at potential risk of removal and several others may require pruning. Please note, however, due to the density of the trees along the road and site line, a meeting is necessary between the project Engineer, City Engineer and 1' to more fully determine the impacts. 3. The "grading boundary for traffic sight" requires revision to protect the longevity and stability of the two Oaks immediately north of the boundary (the second and third Oak east of the proposed dissipater}, To achieve this, the limits of grading should be established at least 15 feet from the second Oak and ] 0 feet from the third. 4, The proposed grading design north of the home's future Staircase Conflicts with trees #i1-13-and 17. The plans should be revised so no grading is desisned beneath their canopies north of the proposed staircase, Sincerely, c David L. Babby, RCA Consulting Arborist ~~~~~~ P.O. Box 252')5, San Mateo, California 94402 • Email: arborresoarccsf~l~cartltlink.net Pltonc: G$0.654,~351 • Fax; GSO,G54.3352 Licensed Gontr;tctor 1t79C7(i3 T~'d G0Z~60 SO/E0/Z0 ZSEE bS9 0S9 sa~.lnosaa ,ioq,r.y • • • Attachment 4 • ~~~~~~ 22461 mt eden rd From: Harold [hal@saratogafire.com] Sent: Thursday, July 22, 2004 4:19 PM To: Ann welsh subject: 22461 mt eden rd revised site • revised site plan- review plan review Ann, it should be noted that I have not seen anything for the hydrant requirement for Huerta at 22551 Mt Eden Road. If this project starts first, the hydrant will be required prior to the delivery of combustible construction materials. Do you have any info on the Huerta project? Hal sARATOGA FIRE DISTRICT COUNTY OF SANTA CLARA 14380 sARATOGA AV. sARATOGA, CALIFORNIA 95070 Telephone: 408-867-9001 Fax: 408-867-2780 www.saratogafire.com <http://www.saratogafire.com> PLAN CHECK REVIEW TRANSMITTAL FOR PLANNING DEPARTMENT FILE #: 03-272 DATE: January 7, 2004 (Note: this transmittal was in Central Fire District office prior to being given to Saratoga Fire) Note: received revised site plan, comments for this submittal dated July 22, 2004, shown in italics. # OF LOTS: One APPLICANT: shankar LOCATION: 22461 Mt Eden Road PROJECT: demolish existing main dwelling, construct new 8,233 sq ft main dwelling, convert existing single story building to 1,170 sq ft second dwelling unit. Note: revised site plans shows increase. in total floor area to 8,415 sq ft for the main dwelling, second dwelling remains-same size. 1: ~ Property is located in a designated hazardous fire area.. 2: Fire hydrants: developer shall install oNE fire hydrant that meet Saratoga Fire District s specifications. Hydrant(s) shall be installed .and accepted prior to construction of any building. (city of Saratoga code 14-30.040 [a]) NOTE: this requirement will~be waived when a previous project for Huerta @ 22551 Mt Eden Road DR-O1-018 completes its hydrant requirement. If the Huerta pro,~ect does not fulfill this hydrant requirement, then the shankar project will be required to provide one hydrant. 3: 'Roof covering shall be fire retardant and comply with the standards established for Class A roofing. Replacement less than 10% total roof area shall be exempt. (City of Saratoga Code 16-15.080) 4: Early warning Fire Alarm system .shall be installed and maintained for both main and second dwelling units. Early warning Fire-Alarm 5 stem shall have documentation relative to the proposed installation and shall be submitted to Saratoga Fire District for approval. (City of Saratoga Code 16-60) 5: Automatic sprinklers shall be installed for the new 8,233 8,415 sq. ft. main dwelling and-1,170 sq ft second dwelling including any garage, workshop, storage areas and basement. An NFPA 13R sprinkler system with a single 2.5" Fire Department Connection (FDC) and 4 head calculation is required for each dwelling. The designer/architect is to contact the appropri-ate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Documentation of the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. -The sprinkler system and underground water supply must be installed by a licensed contractor. .(City of Saratoga Code 16-20.150 for fire flow >2,000 gpm; City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory. structures #500 sq ft) Page 1 ~~~~~~ • 22461 mt eden rd revised site plan review 6: Driveways: All new or improved driveways shall be a minimum of fourteen. (14) feet wide with a one foot shoulder on each side. (City of Saratoga Code 16-15.200, as required by Saratoga Fire District) a: unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) b: Maximum driveway gradient shall not exceed eighteen percent (18%) for. more than fifty (50) feet. c: Finished slopes from level to 12..5% shall have at least a six inch aggregate base and a double-coat oil and screening surface. d: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. e: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland cement) concrete surface. (City of Saratoga code 16-15.200, as required by Saratoga Fire District) 7: Parking: Provide a parking -area for two emergency vehicles at the- proposed dwelling site or as required by Saratoga Fire District. Details shall be shown on building plans. Note: site plans show off street parking for 2 vehicles. 8: Premises Identification: Approved numbers or addresses shatl be provided for all new and existing buildings in such a position as to be plainly visible and legible .from the street or road fronting the property. (CFC 901.4.4) g: The pro]]ect shows an existing propane tank. A permit from Saratoga Fire District shall be obtained for the use and maintenance of such tank in accordance with CFC Article 82. Provide. adequate vehicle protection such as guard posts or bollards.- (CFC 8001.11.3) APPROVED: HAL NETTER PLAN CHECKER: HAL NETTER • Page 2 ~~~~4'~ !'T • Attachment 5 €~~~~~ • MEMORANDUM TO: Ann Welsh, Associate Planner CC: Applicant FROM: Iveta Harvancik, Associate Engineer SUBJECT: Geotechnical Clearance Conditions for 03-272, 22461 Mt. Eden Road (Shankar) DATE: July 1, 2004 Conditions of approval are as follow: 1.. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final project construction plans (i.e., site preparation and grading, drainage improvements, design parameters for foundations, pool shell, pavement and retaining ~ walls) to ensure that their recommendations have been properly incorporated. The consultant shall. verify that adequate erosion control measures are specified for areas of fill placement. The results of the plan reviews shall be summarized by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to issuance of a Grading Permit. 2. The Project Geotechnical Engineer and/or Project Engineering Geologist shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for keyways, foundations and retaining walls prior to the placement of engineered fill, steel and concrete. Due to the complexity of site landslide conditions, at a minimum, daily inspections by the Geotechnical Consultant shall be completed during grading of identified landslides areas. Keyways excavated for the placement off 11 materials, and the basement excavation, shall be inspected by the Project Engineering Geologist to confirm site geologic interpretations. The Project Engineering Geologist shall log excavations and cut slopes. Data fr~~~~~ mapped exposures shall be included in project documentation. ~~ • -1- • • The results of these inspections and the as-built conditions of the project shall be described by the geologic and geotechnical consultants in a letter(s) and submitted to the City Engineer for review and approval prior to fnal (as-built) project approval. 3. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to issuance of a Grading Permit. 4. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 5. Applicant shall submit plans to Santa Clara County Roads and Airports Department for review and approval. All conditions required by the Roads and Airports Department shall be incorporated into Grading and Drainage Plan or other development plans prior to issuance of permits. All conditions shall be fulfilled prior to fmal project approval. Encroachment Permit shall be issued by the Roads and Airports Department prior to commencement of any work in the County right-of--way. • ~~~~~~ -2- C~ e ~ e O e o ~O~C~~ ~~`~~ o~ ~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Incorporated October 22, 195C> January 8, 2004 Udaya Shankar 22461 Mt. Eden Road Saratoga, CA 95070 RE: 22461 Mt. Eden Road,' Saratoga Geotechnical Review Dear Mr. Shankar: Stan Bogosian Kathleen King Norman Kline Nick Streit Ann Waltonsmith Attached please find Preliminary Geologic and Geotechnical Review letter prepared by the City Geotechnical Consultant, dated January 7, 2004. Supplemental Engineering Geologic and Geotechnical Engineering Investigation needs to be prepared as per recommended action No. 1 of the review letter. Please submit two copies of the addendum report summarizing required information for further review. Upon the satisfactory completion of the outlined tasks, Geotechnical Clearance can be issued. . If you have any questions regarding Geotechnical Clearance process, please do not hesitate to call me at (408) 868-1274. Sincerely, r Iveta Harvancik Associate Engineer Public Works Department Co: Ann Welsh,.Communitybevelopment Department • ~~~~~~ • • 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408)869-3438 MEMORANDUM TO: John Cherbone, Public Works Director DATE: January 7, 2004 FROM: City Geotechnical Consultant SUBJECT: Preliminary Geologic and Geotechnical Review (S0283) RE: Shankar, DR-03-272 22461 Mt. Eden Road At your request, we have completed a preliminary geologic and geotechnical review of the subject application using: • Grading and Drainage Plan (1 sheet, 20-scale) prepared by Lee Engineers, dated December 10, 2003. • Site Plan, Floor Plans, Elevations, Sections, Existing Floor Plans and Elevations, Landscape Plan. (8 sheets, 20- and 4-scales) prepared by Robert Aviles Design, dated November 2003; and • Geologic Hazard and Geotechnical Investigation, Proposed D'Angelo Residence, .22461 Mt. Eden Road, Saratoga, California (report) prepazed by Milstone Geotechnical, dated Apri118, 2000. In addition, we have performed a site inspection, reviewed pertinent technical documents from our office files, and discussed aspects. of the subject application with the applicant and project geotechnical consultant. DISCUSSION Based on our review of the referenced plans, the applicant proposes to demolish an existing residence, bazn and shed, and construct new structures in the same general vicinity as the older structures (in the eastern portion of an irregularly shaped lot). The property is bounded on the west and north by Mt. Eden Road, on the south by an existing residential development, and on the east by an undeveloped pazcel. The new improvements include atwo-story residence and attached garage and basement, swuruning pool and surrounding deck, and new driveway and patio. An existing, detached garage would remain, and be converted into a secondary dwelling. The referenced Grading and Drainage Plan indicates that the proposed • construction would involve approximately 490 cubic yards of excavation and 530 cubic -yards of fill (net unport of 40 cubic yards). ~~~~~~~ • John Cherbone - January 7, 2004 Page 2 S0283 SITE CONDITIONS The subject property is generally characterized by moderately steep to steep (10 to 40 percent inclination), south-facing, natural valley and surrounding hillside topography. The eastern portion of the property is generally defined by asouth-flowing ephemeral drainage ravine. Grading associated with construction of existing site improvements, Mt. Eden Road and improvements on adjacent parcels has resulted in local cut and fill slopes with gradients up to 50 percent inclination. Drainage on the property is characterized by uncontrolled sheetflow directed to the south and channeled flow within the eastern ravine. The property is underlain, at depth, by bedrock materials of the Santa Clara Formation (i.e., conglomerate, sandstone, siltstone, and expansive claystone). The bedrock material is overlain by potentially expansive silty clay and sandy clay with gravel (soil, colluvium and artificial fill). According to the City's geologic map, the intact bedrock materials are overlain by a large, shallow landslide complex. The Ground Movement Potential Map of the Upper Calabazas Creek Watershed indicates that the property is located within the "Ps" category. "Ps" is defined as "relatively unstable material including landslide debris, surficial slope materials (i.e., thin soil, slope wash, colluvium, etc.) and weak bedrock; commonly less than 10 feet in thickness on gentle to moderately steep slopes, subject to shallow iandsliding, slumping, and soil creep activity." The subject property is located approximate) ma ed traces of the otentially active Berrocal fault and t~ 1,200 feet and 1.5 miles east, respectively, of pp P active San Andreas fault. During past reconnaissances of the area, we have observed open cracks in Mt. Eden Road just west of the property. The cracking is associated with periods of heavy rainfall and is believed to be caused by slow downslope landslide movement. Downhole observations of large-diameter boreholes drilled on the adjacent parcel to the east revealed landsliding to depths of approximately 25 feet; however, those depths do not necessarily indicate the depths of other landslides in the vicinity of the property. CONCLUSIONS AND RECOMMENDED ACTION The proposed development is potentially constrained by .expansive surficial and bedrock materials, soil creep, landsliding, adverse drainage, and -the susceptibility of the site to strong seismic ground shaking. The referenced geologic and geotechnical report (Milstone, 2001) addresses a different development plan- (for a previous owner) than what is shown on the referenced plans. The previous development site was located in the western portion of the property, whereas the current development plan places new improvements in the eastern portion of the property. Although data, findings and recommendations presented. in the 2001 report may be generally applicable for the current development, some additional investigation and desi~ considerations are required to fully address the new application. ~~~~~~~ • • - John Cherbone January 7, 2004 Page 3 ~~ S0283 ', According to the 2001 Milstone report, the new residential structure would be located on the toe of a Dormant landslide (Dls). Previous site exploration on the subject property and adjacent parcel to the east indicates that landsliding may locally be on the order of 25 feet in depth. However, site-specific landslide parameters and the long-term stability of the proposed development site have not been determined. Consequently, we recommend that supplemental site exploration and laboratory testing be conducted to characterize the landslide conditions impacting the building site, and slope stability analyses be completed to demonstrate long-term site stability. In addition, other geotechnical aspects of the proposed development need to be evaluated and addressed in the form of geotechnical design criteria and construction recommendations (e.g., proposed swimming pool, use of existing barn walls to support the driveway cut, etc.). We recommend that the applicant retain the services of a Certified Engineering Geologist and a Registered Geotechnical Engineer to characterize site-specific conditions, evaluate potential constraints to the proposed development, and provide design criteria to mitigate potential constraints prior to Geotechnical Clearance: 1. Supplemental En~ineerin~ Geologic and Geotechnical Engineering Investisation - A Certified Engineering Geologist and Registered Geotechnical Engineer shall conduct asite-specific investigation of the new building sites. The investigation shall include, but not necessarily be limited to the following: • The Project Engineering Geologist shall prepare an updated engineering geologic map and cross sections at an appropriate scale (i.e., 1"=20'). The map and cross sections shall depict the .extent and probable thickness of eazth materials (fill, colluvium, apparent landslide debris and bedrock), natural and aztificial slopes, existing and proposed topographic conditions, and locations of proposed structures and improvements. • The Project Engineering Geologist and Project Geotechnical Engineer shall assess the long- term stability of the building sites, including the impact that the proposed development may have on slope stability. Supplemental subsurface exploration appeazs necessary to more clearly identify the characteristics of the underlying landslide(s) (i.e., landslide boundaries, depth, strength characteristics, etc.). We recommend -.that the consultants utilize appropriate subsurface investigation methods, such as large-diameter. borings or hand-dug excavated shafts, which allow the geologist to directly inspect and log excavation walls and perform detailed sampling of identified shear surfaces. The consultants shall i obtain representative samples and perform appropriate laboratory tests to provide characterization of geotechnical properties as a basis for slope stability analyses. ~c.Y~+~+~.;~~.r.~ • • John Cherbone January 7, 2004 Page 4 S0283 w ut not necessaril be limited to ^ Geotechnical design recommendations shall include, b y , recommendations for uplift forces in areas of expansive soil and bedrock materials (if applicable) and lateral forces -for foundation design. Foundation .design criteria shall include recommendations for minimum pier depth, pier diameters, and steel reinforcement. Recommendations shall be provided for improving surface drainage problems in the vicinity of the building sites. • The City requires that proposed basements be investigated by a Certified Hydrogeologist. It is our understanding that the City's concern is with the potential for adverse drainage or surfacing of subsurface water in the basement. Therefore, the project geotechnical consultants shall provide recommendations for under-slab drains (such as a minimum of 6 inches of gravel hydraulically connected to a perforated pipe running down the center of the -slab) that are hydraulically connected to a sump with a pump, or other appropriate measures to mitigate the potential for. surfacing of subsurface water. In addition, an impervious barrier. (such- as minimum 10 millimeter thick plastic sheeting) shall be considered between the recommended sand and .gravel for a more effective capillary break under concrete slab-on-grade floors. • We understand that the previous consultant has been contacted by the applicant and will likely perform the supplemental investigation. However, if another consultant is retained, then the new geologic and geotechnical consultants shall review data, findings and design criteria presented in the previous report (Milstone 2001), construct an original engineering geologic map and cross sections, and provide a new report addressing all geologic and geotechnical aspects of the new development. The consultant should discuss the intended investigation with the City Geotechnical Consultant prior to site exploration. The results of the Supplemental Engineering Geologic and Geotechnical Engineering Investigation shall be summarized in an addendum report with appropriate illustrations and submitted to the City for review and approval by the City Engineer and City Geotechnical Consultant prior to Geotechnical Clearance. This review has been performed to provide technical advice to assist the City in its discretionary permit decisions. Our services have .been limited to review of the documents previously identified, and a visual review of the property.. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties, ei~ expressed or implied. ~~~~~~ .~ Q ~~~s~ O "~ O~ ~ ~ ~ - -~~ ~~Lv_ • • 0 ° ~ ~ ~0~~ C~~~~ o~ ~ 13777 FRUITVALE AVENUE • SARATOGA,. CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Incorporated October 22, 1956 Stan Bogosian Kathleen King March 16, 2004 Norman Kline Nick Streit Ann Walionsmith Udaya Shankar 22461 Mt. Eden Road Saratoga, CA 95070 RE: 22461 Mt: Eden Road, Saratoga Geotechnical Review Dear Mr. Shankar: Attached please find Geologic and Geotechnical Review letter-prepared by the City Geotechnical Consultant, dated March 15, 2004. Supplemental Engineering Geologic and Geotechnical Engineering Investigation needs to be prepared as per recommended action No. 1 of the review letter. Please submit two copies of the addendum report summarizing required information to the City for fiuther review. Upon the satisfactory completion of the outlined tasks, Geotechnical Clearance can be issued. In addition, please submit one copy of all documents and drawings submitted to Cotton, Shires and Associates to me. Thank you. If you have any questions regarding Geotechnical Clearance process, please do not hesitate to call me at (408) 868-1274. Sincerely, Iveta Harvancik Associate Engineer Public Works Department Co: Ann Welsh, Community Development Department ~.: ~'~ .~ ~ _ __ .. .~ • ~~~~~~~ ~~~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867-3438 ' MEMORANDUM TO: John Cherbone, Public Works Director DATE: March 15, 2004 FROM: City Geotechnical Consultant SUBJECT: Geologic and Geotechnical Review (S0283A) RE: Shankar, DR-03-272 22461 Mt. Eden Road _______- At your request, we have completed a geologic and geotechnical review of the subject application using: • Grading and Drainage Plan (1 sheet, 20-scale) prepared by Lee Engineers, dated Mazch 1,.2004. In addition, we have reviewed pertinent technical documents from our office files pertaining to the revious a lication, and discussed aspects of the subject application with the applicant and pr P PP geotechnical consultant. DISCUSSION The applicant is proposing to demolish an existing residence, barn and shed, and construct new structures in the west-central portion of an irregularly shaped lot. An existing barn would remain. The referenced Grading and Drainage Plan indicates that the proposed construction would involve approximately 1,100 cubic yards of excavation and 1,100 cubic yards of fill (zero net import/export). A large portion of the planned fill would be used to construct a level grass play area atop an identified landslide. The referenced plan reflects a revision from the previous submittal, which depicted new improvements in the eastern portion of the property. We understand that the applicant has opted to revise proposed building sites in an attempt to avoid the landslide impacting the previously selected building locations. In our previous review memorandum (dated January 7, 2004), we noted that property development is potentially constrained by expansive surficial and bedrock materials, soil creep, landsliding, adverse drainage, and the susceptibility of the site to strong seismic ground shaking.. A previously submitted geologic geotechnical report (Milstone, 2001) addresses a different development plan, (for a previous owner) than what O~O~~~- :. ~ • John Cherbone Mazch 15, 2004 ~ S0283A ' Page 2 ~~ %~ is shown on the referenced plans. Although data, findings and~~ recommendations presented m the 2001 report may be generally applicable for the current development, some additional investigation and design considerations appear to be required to fully address -the new application. According to the City's geologic map, the bedrock materials underlying the property aze' overlain by a large, shallow landslide complex. The Ground Movement Potential M'ap tot the Upper'Calabazas Creek Watershed indicates that the property is located within the "Ps" category. Ps is defined as relatively unstable material including landslide debris, surficial slope materials (i.e., thin soil, slope wash, colluvium, etc.) and weak bedrock; commonly less than 10 feet in thickness on gentle to moderately steep slopes, subject to shallow landsliding, slumping, and soil creep activity." During past reconnaissances of the area, we have observed open cracks in Mt. Eden Road just west of the property. The cracking is associated with periods of heavy rainfall and is believed to be caused by slow downslope landslide movement. If caused by slope movement, then the western landslide identified as "Old" (Ols) by previous consultants would- actually be an Active landslide (Als). Downhole observations of large-diameter boreholes drilled on the adjacent parcel to the east revealed landsliding to depths of approximately 25 feet; however, those depths do not necessarily indicate the depths of other landslides in the vicinity of the property. CONCLUSIONS AND RECOMMENDED ACTION Observation of large-diameter borehole LD-2, excavated within the currently proposed building envelope as part of the 2001 Milstone investigation, did not identify the presence of shearing associated with landsliding. However, landsliding of variable activity is present to the west, north and east of the proposed building site, and the extent of these landslides have not been well defined. Despite the apparent lack of obvious shearing in borehole LD-2, additional subsurface exploration is needed to characterize-the potential impact of landsliding on the building site (and to demonstrate the lack of landsliding underlying the site). Consequently, we recommend that supplemental site exploration and laboratory testing be conducted to characterize the landslide conditions impacting the building site, and slope stability analyses be completed to demonstrate long-term site stability. In addition, other geotechnical aspects of the proposed development need to be evaluated and addressed in the form of geotechnical design criteria and construction recommendations (e.g., proposed swimming pool, use of existing barn walls to support the driveway cut, etc.). We recommend that the applicant retain the services of a Certified Engineering Geologist and a Registered Geotechnical Engineer to characterize site-specific conditions, evaluate potential constraints to the proposed development, and provide design criteria to mitigate potential constraints prior to Geotechnical Clearance: ~~~~~~~~ ,• • • Mazch 15, 2004 john Cherbone S0283A ' Page 3 1. Supplemental Engineeri~ Geologic and Geotechnical Engineering Investi ag tion - A Certified Engineering Geologist and Registered Geotechnical Engineer shall conduct asite-specific investigation of the new building sites.. The investigation shall include, but not necessarily be limited to the following: • The Project Engineering Geologist and Project Geotechnical Engineer shall assess the long- term stability of the .proposed development sites (structures, driveway, and playground azea), including the impact that the proposed development may have on slope stability. Historical aerial photographs should be reviewed to help characterize landsliding in the vicinity of the property. Supplemental subsurface exploration appears necessary to more clearly identify the characteristics of the landslide(s) in close proximity to (and/or underlying) the proposed development (i.e., clear definition of landslide boundaries, depth, strength characteristics, etc.). We recommend that the consultants utilize appropriate subsurface investigation methods, such as large-diameter borings or hand-dug excavated shafts, which allow the geologist to directly inspect and log excavation walls and perform detailed sampling of identified shear surfaces. As needed, the consultants shall obtain representative samples and perform appropriate laboratory tests to provide characterization of geotechnical properties as a basis for slope stability analyses. The potential for adverse impacts to the house site from future movement of nearby landslides (encroachment or removal of support) should be evaluated. The potential contribution that the proposed fill prism may have on the identified landslide in the western portion of the property should be evaluated. • The Project Engineering Geologist shall prepare an updated engineering geologic map and cross sections at an appropriate scale (i.e., 1"=20'). The map and cross sections shall depict the extent and probable thickness of earth materials (fill, colluvium, apparent landslide debris and bedrock), natural and artificial slopes, existing and proposed topographic conditions, and .locations of proposed structures and improvements. The locations of fissures are other possible deformation in Mt. Eden Road should be depicted on the map and cross sections. • p Geotechnical design recommendations shall include, but not necessarily be limited to, recommendations for uplift forces in areas of expansive soil and bedrock materials (if a licable and lateral .forces for foundation design. Foundation design criteria shall PP ) ~~~~~ ~. " • • Mazch 15, 2004 . john Cherbone ~ S0283A ' Page 4 ~~ include recommendations for minimum pier depth,~',pier diameters, and steel reinforcement. Recommendations shall be provided for improving surface drainage problems in the vicinity of the building sites. • The City requires that proposed basements be investigated by a Certified Hydrogeologist. It is our understanding that the City's concern is with the potential for adverse drainage or surfacing of subsurface water in the basement. Therefore, the project geotechnical consultants shall provide recommendations for under-slab drains (such as a minimum of 6 inches of gravel hydraulically connected to a perforated pipe running down the center of the slab) that are hydraulically connected to a sump with a pump, or other appropriate measures to mitigate the potential for surfacing of subsurface water. In addition, an impervious barrier (such as minimum 10 millimeter thick plastic sheeting) shall be considered between the recommended sand and gravel for a more effective capillary break under concrete slab-on-grade floors. • We understand that the previous consultant has been contacted by the applicant and will likely perform the supplemental investigation. However, if another consultant is retained, then the new geologic and geotechnical consultants shall review data, findings and design criteria presented in the previous report (Milstone 2001), construct an original engineering geologic map and cross sections, and provide a new report addressing all geologic and geotechnical aspects of the new development. The consultant should discuss the intended investigation with the City Geotechnical Consultant prior to site exploration, and provide the City with the opportunity to observe exploratory excavations prior to backfilling. The results of the Supplemental Engineering Geologic and Geotechnical Engineering Investigation shall be summarized in an addendum report with appropriate illustrations and submitted to the City for review and approval by the City Engineer and City Geotechnical Consultant prior to Geotechnical Cleazance. This review has been performed to provide technical advice to assist the City in its discretionary permit decisions. Our services have been limited to review of the documents previously identified, and a visual review of the property. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This wazranty is in lieu of all other warranties,, either expressed or implied. ®~~~~~ • • ~ ~ ~J Attachment 6 ~~~~~ r SANTA CLARA BOUNTY ROADS AND AI ENCROACHMENT PERMIT. S DEPARTMENT # 5 6 0402.42 ~ R 1 INSPECTIONS REQUIRED ! TO SCHEDULE INSPECTIONS CALL 408-573-,Zi('bq 24 HOURS BEFORE STARTING ANY WORK. KEEP THIS PERMIT ON JOB SITE SEE ATTACHMENTS FOR `PERMIT REQUIREMENTS Permit Number bate Issued Expiration Date. 56040242 R1 DEC 29, 2004 MAY 12, 2005 PERMITTEE UDAYA SHANKAR 22461 MOUNT EDEN RD Telephone SARATOGA CA 95070 (408) 872-1113 • LOCATION OF WORK Address Road Name Locaide 22461 MT EDEN RD @ VILLA OAKS DR 74-19-59 File Number APN Zone 3-111 DESCRIPTION OF WORK Installation of County Standard B/4 driveway approach with valley gutter as shown on the attached plan sketch and detail. SPECIAL PROVISIONS • Revision 1 12/29/04: *- Refer to e revised plan sketch .(attached) for work above. * Property owner is the responsible party to-keep the- sight , triangle :clear, according to the plan. *- All other conditions of the original permit remain the same. *- Attach this to the ori;inal permit LDE BOND- INFO BONDS AMOUNT TYPE.. RELEASE DATE Performance . Labor and Material Monument Engineers Name Plan ID No. Inspection By Roads & Airports SP No. Ted Ng rn 0 0 N N j Sr. Construction Inspector CANCELED BY -------------- Inspector BY -------------- -------------- Permit Office ATTACHMENTS Revised plan sketch 1" ~~~~ ~ D ' ~ ~.EE ENGIN~RS 1211 PARK AVENUE SAN JOSE ,CALIF. 95126 (4081 293-3833 JOB 611EET NO: OF _ CALCULATED BY ~ DATA i CHECKED BY DATE BCALE roan aa•~ ~r.nam. i~a+ Haas inc_c~rmo~.u....oi~so • - ` County of Santa Clara Roads and Airports Department Planning Office County Government Center, East Wing, 7th Floor 7o west Redding Street San Jose. California 951 10-1705 (408) 299-5780 FAX 947-1 165 • Ann Welsh, AICP City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 December 29, 2004 Subject: Revised Encroachment Permit for 22461 Mt. Eden Rd. Dear Ann: Per your letter dated September 29, 2004 regarding the sight distance at the property located at 22461 Mt. Eden Rd. , I had requested that my Department S revise the encroachment permit. The Roads and Airports Dept. reviewed the situation and has issued a revised Encroachment Permit which I have attached to this letter for your information. If you have further questions regarding the mater, please contact me at (408) 299- 6720. Sincerely, ~~ c Ted Nguyen Planning Office, Permit Issuance Unit attachment: copy of revised permit # 56040242 R1 • Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss '~~~~~~ County Executive: Peter Kutras, Jr. • ~~ L_~ Attachment 7 ~~~~~~ . AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) A :~ /,~ I, ~~t.--~y~'..f~~ ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the Ciry of Saratoga ~, : ~-.rZ Planning Commission on the ~~~~ day of ~ ~~_~ ~ 200; 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 S00 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 • ~~~~~ LINDY FARMS I Or Current Owner 12280 SARATOGA SUNNYVALE RD 101 SARATOGA CA 95070 VINCE S GARROD Or Current Owner 22600 MOUNT EDEN RD SARATOGA CA 95070 MARINERO ERNESTO E AND HAZEL G.S. Or Current O~~vner 22501 MT EDEN RD SARATOGA CA 95070 KIM FOSTER Or Current O~~~ner 22217 MT EDEN RD SARATOGA CA 95070 KEENAN JOHN E TRUSTEE ETAL Or Current Owner 22215 MT EDEN RD SARATOGA CA 95070 SAEID ~ ATOUSA GHAFOURI Or Current Owner 22126 VILLA OAKS LN SARATOGA CA 95070 RICHARD J ~ BARBARA D ANGELO Or Current Owner 22461 MOUNT EDEN RD SARATOGA CA 95070. GARROD VINCE S TRUSTEE ETAL Or Current Owner ~, 22600 MT EDEN RD SARATOGA CA 95070 '~ DAGMAR M HORVATH Or Current Owner 15209 BLUE GUM CT SARATOGA CA 95070 WAI-YAN ~ TSAI-PI HO Or Current Owner 22121 LINDY LANE CUPERTINO CA 95104 ARMANDO ~ BARBARA HUERTA Or Current Owner 2314 SAMARITAN DR SAN JOSE CA 95124 CHRIS ~ ANGELA CARSTEI~TS Or Current Owner 22188 VILLA OAKS LN SARATOGA CA 95070 PAUL A ~ JULIE SCOLA Or Current Owner PO BOX 188 SARATOGA CA 95071 HANK C ~ YUNGHWA CHANG Or Current Owner 22388 MOUI\TT EDEN RD SARATOGA CA 95070 MARINERO ERNESTO E AND HAZEL G.S. Or Current Owner 22501 MT EDEN RD SARATOGA CA 95070 JOHN ~ CHERYL KEEI~TAN Or Current Owner 22215 MT EDEN RD SARATOGA CA 95070 INDERJIT S &t PARAMJIT UPP~ Or Current Owner 22183 VILLA OAKS LN SARATOGA CA 95070 PART SCHERF Or Current Owner 22200 MOUNT EDEN RD SARATOGA CA -95070 • ®~~~~~~ ~~ ~~ NOTICE OF HEARING BEFORE PLANNING COMMISSION CITY OF SARATOGA'S PLANNING COMMISSION announces the following public hearing on Wednesday, the 11th day of May 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 #03-272 (503-80-O1), SHANKAR, 22461 Mount Eden Road; -Requests Design Review Approval to build a new two-story house on a Santa Clara County parcel, which abuts the City boundary and is proposed for annexation to the City. The Hillside Residential lot contains 1.89 acres and has a 28% slope. The house contains 5,188 square feet with a 2,560 square foot garage basement, a 533 square foot second dwelling unit and conversion of the barn into a 592 square foot cabana. The height of the house is 25 feet 8 inches as measured from natural grade. • ~~~~~ • • • Attachment 8 • ~~~~~~ - • ' I ~_ August 5,'.2004 Mr. Udaya Shankar 22641 Mt. Eden Road Saratoga, CA. 95070 Dear Mr. Shankaz: RE: Application for new home Vie have reviewed your proposal to remove an existing home and building a new structure and very appreciate the opporhuuty to comment on your proposal. We, here at the Garrod Trust have only a concern about the amount of widening of the Road you will be required to do. The present corner is dangerous to cars, bicycles, joggers and horses,. however your engineers may design away the problem. Our concern would be that they do not increase the problem. Otherwise Good Luck in your building and we look forwazd to having you as a neighbor. ' cere y, Vince S. Garrod: Trustee, Gazrod Trust :-~- ~- . -= -=_ - • ®~ `' ~~ - l~ghbor Nutircatiun Template f~ Development Applications Date: ~' 31 ~ ° ~ ~.t.~ IZo cu~ S ~ PROJE DRESS: ~?-~j-b f 1`~I ou.~1 , A a , ~~ ~ ems' Applicant Name: r. ~ rt , S~aM ~~ Application Number:_ d 3 -2 } 2 The Saratoga Plann:ng Co»~mission re.~~~ira_c 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 soticited by f applicants prior to the public hearing. Stajj`'and the Planning Commission prefer that neighbors take thfs opportunity to express any concerns or issues they may have diregtly to the applicant. Please ensure the signature on this document is representative of all residents residing on yourproperty. Irrespective of thr opinion exlvressed below, you "may reserve the right io amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have m'vieweci the project~plans; ~ un erstand the scope of work; and Y do NOT 6a~e any concerns or issues vvbich need to be address by the applicant prior to the City's public hearing nn the. proposed prgiect. ^My signatvrc below certifies the following: I have reviewpci the project plans; I understand the scope o work; and I have issues or concerns, which after discussion Yvitb the applicant, hove not beau addressed. My concerns are. the fallowing (please attach additional sheets if necessary): f. ~' . Ncighbor Namc: _ f ~GL ~,~ ~ • ~ /~ o~ ar.~.ri Neighbor Addresca: 090? ~o~ ~o /~ ~! L ~'1 6 ~.n, Neighbor Phone fF: _, ~- ~ ~~~ Si ature: Printed: . f}'~ ~ C~IJS ~} ~ h ~T o ~' ~ .' ~ ~.. • • City of Saratoga PlanningDep'~~~ l~ghbor Nutircatiun Template f~ Development Applications Date• '3 2t't' rR~JE )RESS:_~~ ( ~ ~~ Sot~~ ~ C~-q 5 c~•o Applicant Nance: r: n . ~ `ti r . Application Number:_ 0 3 - 2 ~-Z The Saratoga Planning Commission re~t~irpc applicants to work with theft' neighbors to address issues and concerns regarding development applications prior to the evening of thepubiic 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 diregtly to the applicant. Please ensure the signature on this document is representative of all residents residing on yourproperty. Irrespecltve of the v~rinton expreaaad bclaw, you -may reserve-tfie right to amend your opinioriat a later date-and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project•plans; ~ d land the sco a of work• and Y do NOT have any concerns or issues wbich need to be address by the applicant prior to the City's public hearing nn the. proposed project. :.._. • ^My si~aturc 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 ~ • ,rith the applicant, have oot been addressed. My concerns art: the following (please attach additional sheets if necessary): MD 2 ~r•~-L uu ~T P 1~4~1 s ~Ro~~~ Sc 2 h~$~lG. TfK ~o~~'c'~f G~~n'tc•v7~',• /~,~. _ .„~ /~ .ter .. _ . r t. •. ~ T -nw e.?Y ~J .nn ~.~wJ 11-Q GS ~ 14Nd-C•~}-+C /~1/'Li lit ~ u ~ ~ i~ f C~HZ - P®2~`' Ro o-~ 'f'l ~s . .~L o ~" gyp!' y zZ~ g ll/l s1~. _ ~ ...~ i.__ t ,g ~~ Neighbor Phone {l: ,~~~ - S~ ~ Signature: Printed: - . C~zs ~,z , c 8/lam/0¢ •. ''~- - ~ _ PlanningAepart~~~~ City of Saratoga ~. Ncighbor Ivam : ~ s ~~iGU Neighbor Addrt:aa. P~ghbor Nutif cxUun Template f~ Development Applications Date: 3 20°~ ' PROJECT AD 12ESS: 261 Mo ~- ~ Sa ~ , ~-A-°I5°~' ~f' Applicant Name: r~ rS . tom. S~n~t.~t ~r" ~ . Application Number: b 3 ~ 2T 2 The Saratoga Planning Commission re.~~~irPS applicants to work with theft' 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 soticited by f applicants prior to the public hearing. Stajj`~and the Planning Commission prefer that. neighbors take this opportunity to e,~press any concerns or issues they may have diregtly to the applicant. Please ensure the signature on this document is representative of all residents residing on yourproperiy. Irrespective ufth~ vpinto-i expreasad below, you -may reserve the rightto amend your opinion-at a later date and communicate it to the City of Saratoga. ~c y signature below certifies the following: I have reviewed the pmjeCt•plans; ~ • »nderstand the scope of work; and Y do NOT have any concerhs or issues wbich need to be address by the appYlcant prior to the City's public hearing nn the. proposed prgject. ^My signature below certifies the following: I have re~+iewP.ci the project plans: I understand the scope of worl~; and I have issues or copceras, which after discussion yvitb the appiica~nt, have not been addressed. My concerns arP the following (please attach additional sheets if necessary): ~~,~~"^ {N e- ~5 C, S ~_ iu i ~,~ ~Jl ~ ~ ~ ! S -a ~/ Q C:~~ C~CS~ J i -~--~- { / ) t .~-U h~1v'L. ~`~~'1 Gi ~J..t- S'G-(eQ^"~ j c~~ '~1~.~. Ol/~c..~ C21a D1/uCi~ ~ ~'`~" Neighbor Name: ~~~ ~r~.i ever J ,~ ~c._ •,~.ie~.oQ .° • .._. . Neighbor Addrrnca: _ _ ~~ ~~ Neighbor Phone 4~. Signature: Printed: - • ~jy~e y-~ ~/'~~ -ate _ ._, ~~~ __ ~;.~, ~=-. City of Saratoga PlanningDepartm~Q®~~® l~ghbor Nutificuiivn Template f~ - Development Applications Date: ~ 3 e ~ PROJECTADDRESS:_ 2-~1-(~I MOUNT ~-~~1 P.~ADjS~-Ta~Q~ ~so.~, Applicant Name: N~ ~. ~ t~l?-S . l) D Ayf~ ~ 1~N ~/~2. ~ . Application Number: C7 3 - 2 ~Z . The Saratoga Planning Commission re.~~~iras applicants to work with theft' 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 soticited by ~ • applicants prior to the public hearing. Staf, j`'and the Planning Commission prefer that ~ ,~ neighbors take this opportunity to express any concerns or issues they may have dtregtly . to the appticant. Please ensure the signature on this document is representative of all residents residing on yourproperty. Irrespective ufthr vpireton exlvreasaed below, you -may reserve-t3ie 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 re'vieweci the project•plans; ~ understand the scope of work; and Y do NOT have any concerns ur issues which need to be address by the applicant prior to the City's public hearing nn the. proposed project. ^My signature below certifies the following: I have reviewert the project plans: I understand the scope of work; and I have issues or concerns, which after d[scussion with the applicant, have not been addressed. My conaesns are the following (please attach additional sheets if necessary): Ncighbor Name ~~ rte ~~ - Neighbor Addresca: 2~,1-I ~~ ~~ R.OA-.~ ~ SAS ~o~~ Neighbor Phony #l: ~ ~(.~~_r-~,~ ~l ~ Signature: Printed: '~'~ ®®~~ City of Saratoga PlanningDepartm~nt 1'~hbor Nutircatiun Template f~ Development Applications _ .• Date: ~ ~ 1 ~`° ,2 ;~- ~~,,,` I ~ Sd • PROJEC DRESS: 6 ~ ~+ ~ ~~ ~ ~ ~ Applicant Name: ~~'~ ~ fS • S~~ t" Application Number: d 3 -2 ~- Z The Saratoga Planning Commission re.~~~irpc applicants to work with theft' neighbors to address issues and concerns regarding development applications prior to the evening of tltepublic hearing on the proposed project. The Planning Commission does not took favorably upon neighbors who fail to voice their concerns and issues when soticited by ~ • applicants prior to the public hearing. Sta, fj`'and the Planning Commission prefer that ~ ,~ neighbors take thfs opportunity to express any concerns or issues they may have diregtly . to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective ufthr.vpiriton prpressed below, you -may reserve~tfie right to amend your opinion- at a later date and communicate it to the ~ ; ~ -• City of Saratoga r ,~y signature below certifies the following: I have reviewed the pmject•plans; ~ understand the scope of work: nm have any concerns or issues vvbich need , to be address by the applicant prior to the City's public hearing nn the.proposed project. ~~ ~ ~~~ ^Ivly 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 yvitb the a plicaut, have aot been addressed. My concerns are the following (please P attach additional sheets if necessary): - • .~ ,~i:; 1 ~ ~~. ~ ~~,~-J rim ~ ~' ~ ~. ~ k~) ~. n ~ • v f • R Neighbor Name: r1 ~ S ~ ~ ~ ° ~ ~ rl ~ , ; Neighbor Addre:.aa: • ~r~~~S°~ C~ , • Nei~hti•r rh•ne {l: ~~ 1 ~}s s-- ~3~ ~ X : / ~~ City of Saratoga Planning Department l~hbor Nutilica~~iuu Template fa~ Development Applications Date: ~ 3 - ° -~ ~~ ~ PROJEC DRESS: Z~1-b I ouw ,, Sc~~~,~~s, ~~-~ So3•o Applicant Name: ~ ~n - S a ~ . Application Number: b 3 -2~ 2 The Saratoga Planing Commission re.~~~iras applicants to work wish their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Sta,~`'and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have direr~rly to the applicant. Please ensure the signature on this document is representative of al! residents residing on yourproperty. Irrespective ujthe vpi,-twi ex1vresaad below, you "may reserve~tlie 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 pmject•p1anS; T »nderstand the scope of work; and Y do NOT have any concerns or issues wbich need to be address by the applicant prior to the City's public hearing nn the. proposed project. • ^IVly signature below certifies the following: I have reviewed tl,e prajeet plans: I derstand the scope of work; and I have issues or concerns, which after discussion Yvitb the applicant, hove not been addressed. My concerns are the following (please attach additional sheets if necessary): ~ ~ Neighbor Name: ~©~iL~ ~' C _.. f ,~. '` ~ ~ ~l 7©~ Neighbor Addrpaa: .~. p Neighbor P1aonG #l: ~~ ~ - Signature: p ' ted: ~ ~ - . ti _ --f ;> ~ ~~~~~ City of Saratoga ~ Planning Aepartment Devi Date: ~ ~~ 3b~ 2G'v~ PR4JEG"T ADDRESS: ~-p~l~~t N~~: l<a~~ ~ •. - - -- - ---r---- --- elopaaent Applications Qu:11~ s~~ ~ L~YCtiTO i ~ ~ ~~~~ ~~ Applicaticm Numbex: X73 - 2~ Z The S{aratasa Planning E`o~rmission re~drPS apjaliratsts to work with theft' neighbor's to address issues and concerns regardinj~ development applications prior to the evening of the public hearing on the proposed project Tfie Fla_ nning Cormission does not look favorably upon neighbors who fail to voice their concerns and issues when aolicttsd by ~ applicants prior to the public hearirSg, Sta~`'and the Flanrting Commission prefer that neighbors tallce this o~pomauty to ezpr~s any coneeros or issues they may have direr~tty to the applicant. please Etrsu~ the signature on this document is representatlv~e of al! residents residtt~g Qn yourproperty. Irrespect~tvQS ujtle vplnion exprrtaad below. you may reserve-tlie ~gkt to arr~nd yon opinion-at a later date a~ul communicate it to the ~ clsaratcga. ~My signature below c~rtifiec the following: I leave reviewui the praject•plans; I send the sc,o~e of wow: and T do 15IiaT tinve ony ~onceroa or isauBS wb1cL nod #~ be sd~ss by the appbeant prior to the City's publir. he.Aring cm the proposed project. ' LJMy signature below oestifies the following: I have reviewrci #,he project ply; j understand the sage ~fwor~; and I ~a~-e iaset~ or ~o~cetns, ~rhie,Y6 der ~iscs~sslae ~r$th the applicant, hsexc pest beats addressed. My coacexns azr. the fi~tlczwing (please ash additional shits if r~ecesaar}t): Neiglibor Name: ~K d er ~ i ~- S , `- a~~ !M ~ ~~ r ~~ Dlrighbor Adc~RS: 2 2~~~ V ~ ~ ~ A- a~-~ s ~-'lD . ~A ~R A ~ a ~ A ., Ce4 ~ S o ~ o Neighbox Phone fl: Signature: Priated: L/o8- g~ ~ -3 ~Gj :~ • f= :; qty of Saratoga Planning Depat7in~nt • Attachment 9 • ®~~~~e~ • SARATOGA CITY COUNCIL MEETING DATE: March 3, 2004 ORIGINATING DEPT: Community Development PREPARED BY: Ann Welsh, AICP AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Initiation of Annexation Proceedings for Shankar Property, 22461 Mount Eden Road (APN: 503-80-01) RECOMMENDED ACTION: Staff recommends that City Council discuss the subject annexation and direct staff to proceed with the implementation process discussed below. REPORT SUMMARY: The applicant for the property located at 22461 Mount Eden Road has submitted an annexation application. This application is submitted in concert with an application for approval to demolish the existing dwelling and construct a new single family dwelling on the 1.89-acre parcel. The subject parcel abuts the municipal boundary and is within the .City's Sphere. of Influence. Due to the location of the parcel and proposed development, the City policy is to evaluate the annexation. 22461 Ml. Eden of / -N- ~.._ ~. C~ • • City Council Report -Shankar Ann~~~~ Mazch DISCUSSION: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of the (Local-Agency Formation Commission) LAFCO in processing annexation applications within the City's urban service area. (Government Code 4 56757.) The Act requires, however, that the City follow the procedures used. by LAFCO to the maximum extent practicable (See Government Code 4 56757.) The Act establishes athree-part process for annexations: (1) Initiation of Annexation (see Gov't Code 44 57000(a) and 56650 et seq.); (2) Protest Proceedings (see Gov't Code 57000 et seq.); and (3) Approval of Annexation (see Gov't Code 4 56757). Initiation of Annexation 1. Preparation of Supporting Documents. The Act and- other state laws require that annexation proponents prepare a number of documents as part of the annexation process. Before commencing with public hearings, staff will prepare or .cause to be prepared these documents. The documents fall in three categories: a service plan, LAFCO materials, and the California Environmental Quality Act. These are . described below. A. Service Plan. Government Code sections 56653 and 56700 requires that all annexations begin with a proposed service plan for the area to be annexed. The plan must include the following components: i. A description of the land to be annexed including a map prepared by the City Surveyor; ii. A list of the organizational changes proposed (in this case, annexation to-the Ciry and perhaps Ciry assumption of public services currently provided by special districts. Staff has not yet ascertained what, if any, districts would be affected by this proposal.); iii. The reasons for the proposal; iv. A listing and description of the services to be provided to the annexed lands together with a discussion of the level and range of services to be offered; v. An indication of when the services listed can feasibly be extended to the annexed lands; vi. An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands; and vii. Information on how the services to be provided would be financed. B. LAFCO Materials. Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below .before approving an annexation. (See Gov't Code 567S7(c).) Although the formal findings need not be made until the end of the process, staff believes it is prudent to prepare the documentation necessary to support the findings before embarking on the public review process. The City will be required to make the following findings. Each 2of6 ~~~ LJ finding is followed by a brief description of the process staff will use to develop the information available. i. That the unincorporated territory is within the urban service area of the city as adopted by the commission. Staff has confirmed that this is the case for the affected properties. ii. That the county surveyor has determined the boundaries of the proposal to be definite and certain; and in compliance with LAFCO's road annexation policies. The city shall reimburse the county for the actual costs incurred by the county surveyor in making -this determination. The City Surveyor must prepare this information for review by the County Surveyor. iii. That the proposal does not split lines of assessment or ownership. Staff will worh with the County Assessor's office to obtain confirmation of this fact. iv. That the proposal does not- create islands or areas in which it would be difficult to provide municipal services.. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties inproviding municipal services since the majority of services will remain the same. Typically an annexation in the middle of a Bloch would create difficulties for emergency service response as to what jurisdiction is responsible: Because of the uniQue situation, that the City of Saratoga service contractors are the same as the County, it will reduce impacts of providing services. v. That the proposal is consistent with the adopted general plan of the city. The land use designation for the lands to be annexed is RHC (Residential Hillside . Conservation); this is consistent with the existing uses of the lands to be annexed The land has been prezoned Hillside Residential which is consistent with the General Plan designation and the surrounding zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following General Plan Policies: L U.1.1 Lands shall not be annexed to Saratoga unless they are contiguous to the existing City Limits and it is determined by the City that public services can be provided without unrecoverable cost to the City and dilution of services to existing residents. LLL1.1(Imp) Annexation proposals shall be carefully studied to determine their economic and urban service impacts to the City. Staf f has discussed this annexation with the City geologist and a geotechnical report has been prepared for the proposed house. Thegeologist expressed concern with annexation of Mount -Eden Road, which provides frontage for this parcel. The geologist recommended eliminating the road from the annexation process, since the long-term maintenance of the road could be costly due to underlying instability. 3 of 6 ~~'~~ vi. That the territory is contiguous to existing city limits. Staff has confirmed this fact and will be obtaining a report from the City Surveyor. vii. That the city has complied with all conditions imposed by the LAFGO for inclusion of the territory in the urban service area of the city. Staf f is investigating the conditions that were imposed at the time the urban service area was approved to confirm that the City has complied. C. California Environmental Quality Act. Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). In this case it appears that the annexation would be exempt from CEQA review pursuant to section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they include only existing structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive: Staff is confirming that this exemption applies. If an exemption is not available, a negative declaration would likely be required; this would require a total of three months for preparation and public review prior to the City's final action. 2. Notice to Affected Agencies. The Act requires that notice of pending annexations be given to all agencies potentially affected by the annexation. (See Gov't Code 56654, 56658(b).) In-this case the County may be the only such entity. Staff is determining whether there would be any other agencies. This notice would be sent at least 21 days prior to the date proposed for Council action on the determination to initiate proceedings and may be sent before completion of all the items listed above. 3. Determination to Initiate Proceedings. Based on the background information prepared by staff and the comments of any affected agencies the Council would determine whether to formally initiate annexation proceedings. This would occur at a regular City Council meeting to be scheduled as soon as possible following completion of the items described in item 1, above. Waiver of Protest Proceedings The city may waive the protest proceedings if the following criteria can be met: 1. All owners of land within the affected area consent to annexation and the area is considered uninhabited (an area with less than 12 registered voters). The Shanher annexation falls into this category since the applicant has applied for annexation and the parcel is an area with less than 12 registered voters. 2. All affected agencies that gain or lose temtory give consent to waiver of protest proceedings. Written consent from the county to waive protest proceedings will be requested. The ci must ~ve the county mailed notice of the filing of petition or resolution of application ry ~ initiating annexation proceedings by the city. The city shall not .take any action on the resolution of application initiating proceedings for 10 days following the mailing. The county 4of6 ~~~~'~~ • I during the ten-day period may through a written 'demand request the city to make determinations on the proposal only after notice and hearing. If no written demand is filed, the i city may make determinations without notice or hearings.' Annexation Approval If there are no protests then City Council must adopt a resolution ordering the annexation. The resolution must contain the findings specified in Government Code section 56757 and discussed above. Following adoption of the resolution, staff would ~ file the resolution and relevant supporting documents with LAFCO and the annexation would be complete. The timeline below is an estimate based on the services of several consultants and working with other agencies. It may proceed more quickly or slower based on individual responses. Annexation Timeline March Aril Ma June Jul 4 weeks 4 weeks 2 Weeks 2 Weeks 2 Weeks Service Plan Count Review Res and to Notice of filin A rove Annexation Surve Ma Count Comments Geolo Re ort No written demand for notice or hearin 3 Months CEQA, if not exem t FISCAL IMPACTS: The following list of fees is an estimate. Additional fees may be required as the process continues. LAFCO processing fees---------------------------------------''---$340 State Board of Equalization fee based on less than Sacres----$350 Reimbursement of the County Surveyor-------------------------Unknown City Staff time ....................................................... 60 hours City Surveyor---------------------------------------------------------$5,000 City Geologist--------------------------------------------~-----------$5,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff will proceed with the annexation as directed by Council. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: 5 of 6 C~ • • • ~I ~I At the direction of Council Staff will proceed. ADVERTISING, NOTICING AND PUBLIC CONTACT: The item has been placed on the City Council Agenda, noticed and posted pursuant to Government Code 54954.2. ATTACHMENTS: None • • ~~~~~ 6 of 6 RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION PROCEEDINGS OF THE PROPERTY LOCATED AT 22461 MOUNT EDEN ROAD AND SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER AND ACCEPT PROTESTS OF SAID ANNEXATION WHEREAS, the City Council is considering the annexation of a parcel of land located at 22461 Mount Eden Road contiguous to the City of Saratoga in order to provide for use of City services and to apply the terms of the City General Plan and City Code; and WHEREAS, the City of Saratoga City Council has determined the project to be exempt from the California Environmental Quality Act CEQA pursuant to section 15319 of the CEQA Guidelines; WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the proposed property to be annexed on Mount Eden Road is located in the City of Saratoga's Urban Service Area and Sphere of Influence and is Pre-zoned Hillside Residential; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and determined that said temtory has two registered voters and is therefore considered uninhabited for the purposes of annexation proceedings; THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby NOW, , initiates annexation proceedings and will consider annexation of the territory known as Assessor's Parcel Numbers 503-80-O1 at 22461 Mount Eden Road (with the exception of the Mount Eden Road right of way) to the Ciry at a public hearing on the proposed annexation on May 5, 2004; and BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby directs the City Clerk to issue all required notices regarding the public hearing described above. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3rd day of March 2004 by the following vote: AYES: King, Waltonsmith, Streit, Bogosian, Kline NOES: ABSENT: ABSTAIN: ATTEST: Ann Waltonsmith, Mayor • Cathleen Boyer, City Clerk ~- ~~~~~ ~~-~ G~ ~~ ~~ ^ ., t ~~ ~~~3gg o~N ti ~ -. n.'_ } U Y o U } a0 U ~ o ~o r CD Q' H J d ~ -~ X U l1 W I J J J F !¢- ~ 0 0 0 °°~~°°° 0 ~°°°O°°° V 3 ° O G < < O Q ~: ~ a c=+ i cn y ,_ U `~;~./_'~ tea'//~ ~_ ~_ ~-~- [ r ~~a II i `=! -~ 1 I ~ ~` - ~.I -..f i ~ - - ..... ~ ~` 1 1 '~1 P, 1 i ~.\ \~ ~ ~ / ~`il~ i ~ r~ _ - '~. .' o >. 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V • Item 2 REPORT TO THE PLANNING COMMISSION Application No./Location: 05-012/13001 Anza Drive Type of Application: Design Review Applicant/Owner: Joette Joseph, owner Paladin Design Group, applicant Staff Planner: Deborah Ungo-McCormick, AICP, Contract Planner Date: May 11, 2005 APN: 389-05-001 Department Head: ~~~ . ,., Street Labels L_ 500 from 13001 Anza 0 Condomniums [- Merged_Parcels `.r ~\ ~~ ''"E ~" swr+ - i ate. _. ~ ~ , '\ ~\ ~~. ~ on +tieE ~ ' - -~--- ~ oe..N:uuo ~ ~ \r!~rapxc~ ~,ro,:a~`o"°`~~°'~ w.BEgr - xEwx6~ weeacm _ ~ , `~~ t „~ ` ~ ~ ~ fm ~~ ~ f, ~~~ ~[ - Y ~ ,s ,~ - ?S -ate \.~ ,: ~;. .\ Y n~ ,.c ~~ !~ .'~~ ~ -'``_ v~ ,' .vn. \~v~: \~\ \\ \ , M1 ~.s ate. ___. ~~~ ~ ; ;;_,_ ,, '~'~. . ~ . ~ ~ r _.... __ .; , o zoo- aoo aoo eoo ~ooon; ~ '~"' '"may' _,. 13001 Anza Drive O®0001 CASE HISTORY: Application filed: OU07/OS Application complete: 04/14/05 Notice published: 04/27/05 Mailing completed: 04/28/05 Posting completed: 05/05/05 ZONING: R-1-12,500 (Single-Family Residential) GENERAL PLAN DESIGNATION: RLD (Residential -Low Density) MEASURE G: Not applicable PARCEL SIZE: 16,804 sq. ft. (gross) and. (net) AVERAGE SITE SLOPE: 1% GRADING REQUIRED: Not applicable. 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. PROJECT DATA: Proposed Code Requirements Lot Coverage: Maximum Allowable: 47.79 % SS Residence: 3729 sq. ft. Garage: 550 sq. ft. Driveway: 1,291 sq. ft. Pool and hardscape 2460 sq. ft. TOTAL: 8030 sq. ft. 9,242.2 (Impervious Coverage) Slope: 1.0% :7 • ®®oooz t Application No. OS-012; 13001 Anza Drive Floor Area: Home ~ Existin ' 2 636 sq ft Maximum Allowable: g , , . . Living Area Addition: 691 sq. ft. Garage: 431 sq. ft. Garage Addition 119 sq. ft. TOTAL: 3,877sq. ft. 4,206 sq. ft. Setbacks: Minimum Requirement: Front: 25 ft. -0 in. 25 ft. - 0 in. Rear: Building +/-65 ft. - 0 in. 25 ft. - 0 in. Pool 26 ft. - 6 in. 25 ft. - 0 in. Side: (interior) 10 ft. - 0 in. 10 ft. - 0 in. Side: (street) 25 ft. - 0 in. 25 ft. - 0 in. Height: Maximum Allowable: Residence: 19 ft. - 4 7/8 in. 26 ft. - 0 in. • v®000. PROJECT DISCUSSION: nests Desi Review a royal to remodel the existin sin a-sto The applicant req gn pp g gl ry structure on the site and to construct a 1,175 square foot addition. The addition is proposed along the rear portion of the home for purposes of enlarging the kitchen, family room and living room area, -and to add a small area in the rear of the attached. garage. The project also includes a covered patio structure next to the addition, which is not calculated as floor area. The site contains an existing pool in the rear yard and no changes are proposed in that area. The applicant is also proposing to add a pitch to the existing roof in the middle portion of the building, in the area above the family room. Skylights are proposed to increase natural lighting for this area. The maximum height of the home will be approximately 19' - 5 inches feet at the topmost point of the building, The style of architecture of the existing home is contemporary. The colors and materials are tan stucco exterior with white trim and composition roof. The colors and materials for the addition will match the existing. The house is situated on a corner lot and meets setback requirements for corner lots. No changes are proposed to existing setbacks along both street frontages and the interior setback. The addition in the rear of the house will also meet (and exceed) minimum rear yard setback requirements. Staff finds that the proposed modifications are compatible with the style of the existing home and that the.modification in the pitch of the roof will enhance the architectural style of the structure. The proposed addition and- roof modifications are in keeping with the character of Anza Drive. - Neighbor Review The applicant has shown the proposed plans to neighbors as indicated in the attached Neighborhood Notification Templates. One letter was received from neighbors at 19312 Dehavilland Drive with concern over potential placement of windows that would look into their yard or house, but also acknowledged that the design does not appear to involve windows that would negatively impact their privacy. No negative comments have been received at the time of the writing of this Staff Report. Trees There are no protected trees on the property. There are two protected trees within the front sidewalk.on Anna Drive and near the rear of the site. The proposed area of work is limited to the rear of the existing structure and:will be accessed from the side yard on Anna Drive. Therefore, these trees would not be affected by construction activities and no tree protection measures are required. Staff, however, is recommending that any landscaping that is removed or damaged along the Anza .Drive street side be replaced in kind prior to final approval of building permit. Geotechnical Clearance.• Not applicable • ®®®09r Application No. OS-012; 13001 Anza Drive 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 site is located in a relatively flat area of Saratoga in a neighborhood of many single-story ranch style homes. The proposed addition is located in the rear of an existing home. The addition will be a maximum height of approximately 19-5 feet. New windows that are proposed would not affect privacy on adjacent homes. (b) Preserve Natural Landscape. Since the site is flat, minimal grading is proposed. The proposed home addition and remodel is proposed in the rear portion of an existing home and will be in keeping with the general appearance of the neighborhood. The site contains no protected tress and the applicant proposed to maintain existing ornamental vegetation. A condition of approval of the project requires that any landscaping removed or damaged along the street frontage area during construction shall be replaced prior to final approval of building permit. (c) Preserve Native and Heritage Trees. There are no protected trees on the lot. Two protected trees are located within the public right-of-way area near the front and rear of the site. However, since the addition to the existing-home is limited to the middle portion of the site, away from either tree, it is not anticipated that either tree will be affected by construction on the site and no mitigation is required. (d) Minimize perception of excessive bulk. The proposed addition will result in a small increase in the height at the topmost portion of the roof, in the middle portion of the house. The colors and materials that are proposed will match the existing and thus will blend with the existing environment. These measures will help minimise the perception of excessive bulk. (e) Compatible bulk and height. The roofline pitch is in keeping with the pitch of the existing home and its placement in the middle portion of the home will help minimise any impacts of the increase in height of the home resulting from the proposed addition/remodel. The proposed addition will be in keeping with the existing single-story home and will be compatible with the surrounding neighborhood. (f) Crarrentgradingand erosion control methods. The proposal will involve minimal grading and will conform to the Ciry's current grading and erosion control standards. (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. The home is also designed for energy efficiency including a covered porch to shade new openings along the west wall. • ®®~0+~ Application No. OS-012; 13001 Anza Drive Conclusion Staff finds that all of the Design Review findings can be made in the affirmative. STAFF RECOMMENDATION: Staff recommends that the Planning Commission conditionally approve Design Review Application OS-012 by adopting the attached Resolution. ATTACHMENTS: 1. Resolution 2. Template signed by neighbors indicating they have reviewed a copy of the proposed plans. 3. Affidavit of Mailing Notices, Public Hearing Notice and List of property owners who were sent notices regarding the public hearing for this application. 4. .Reduced plans, Exhibit "A", date stamped April 18, . 2005 • • ~~®~~~ • Attachment 1 APPROVAL OF RESOLUTION N0.05-17 Application No. OS-012 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Joseph; 13001 Anza Drive . WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review fora 1,175 addition and remodel to a one-story home. The maximum height of the structure will. be 19 feet, 5 inches; 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 California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home in an urbanized area; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 have been made in the affirmative: (a) Avoid unreasonable interference with views and privacy. The- site is located in a relatively flat area of Saratoga in a neighborhood of many single-story ranch style homes. The proposed addition is located in the rear of an existing home. The addition will be a maximum height of approximately 19-5 feet. New windows that are proposed would not affect privacy on adjacent homes. (b) Preserve Natural Landscape. Since the site is flat, minimal grading is proposed. The proposed home addition and remodel is proposed in the rear portion of an existing home and will be in keeping with the general appearance of the neighborhood. The site contains no protected tress and the applicant proposed to maintain existing ornamental vegetation. A condition of approval of the project requires that any landscaping removed or damaged along the street frontage area during construction shall be replaced prior~to final approval of building permit. (c) Preserve Native and Heritage Trees. There are no protected trees on the lot. Two protected trees are located within the public right-of-way area near the front and rear of the site. However, since the addition to the existing home is limited to the middle portion of the site, away from either tree, it is not anticipated that either tree will be affected by construction on the site and no mitigation is required. (d) Minimize perception of excessive bulk The proposed addition will result in a small increase in the height at the topmost portion of the roof, in the middle portion of the house. The colors and materials that are proposed will match the existing and thus will • ~~®®~~ blend with the existing environment. These measures will help minimise the perception of excessive bulk. (e) Compatible bulk and height. The roofline pitch is in keeping with the pitch of the existing home and its placement in the middle portion of the home will help I1Lnim~e any impacts of the increase in height of the home resulting from the proposed addition/remodel. The proposed addition will be in keeping with the existing single-story home and will be compatible with the surrounding neighborhood. (f) Current grading and erosion control methods. The proposal will involve minimal grading and will conform to the City's current grading and erosion control standards. (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. The home is also designed for energy efficiency including a covered porch to shade new openings along the west wall. 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. 05-012 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, date stamped April 18, 2005) and in compliance with the conditions stated in this Resolution. Any proposed changes, -including but not limited to facade design and materials - to the approved plans shall be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved plans are subject to the approval of the Community Development Director. 2. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 3. Any landscaping in the front setback adjacent to the public right-of-way that is removed or damaged during construction shall be replaced prior to approval of the final building permit. 4. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices, shall be submitted along with the complete construction ~~~~~~ drawings. An explanatory note shall be provided if all storm water cannot be maintained on site. 5. Applicant shall obtain an Encroachment Permit from the City Public Works Department for any work in the public right-of-way. 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. FIRE DISTRICT 7. Applicant shall comply with all Santa Clara County Fire Dept. conditions. 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 .Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All a licable re uirements of the State, County, City and other Governmental PP q 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, the 11th day of May 2005 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 Ciry Planning Commission. Property Owner or Authorized Agent Date ~~®~~.~ r~ ~_~ Attachment 2 L_~ ~~®~~.~ ~~ -_~.. • Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning-Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Stajf and the Planning Commission prefer that ____ __ neighbors take-this-oppor-tunit3~-to-express-a~~oncerns-0r-issues-they-may~iave-d#reetly----- 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: Earl & Mary Thygeson Neighbor Address: 19312 Dehavilland Dr Saratoga, CA 95070 Neighbor Phone #: ~ ~'-,~~ --JD~'~ Signature: y~~~ O " . Printed: ~~r'~ T~ e5o~ City of Sazatoga Planning Department ~~®O~a~ - -... _ . --- -. . _ _ . ._. • '. • Neighbor Notificat><on for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that -- ------neighbor-s-tak~ this-~Ppor-tuni#~ to-express-any-concerns-or-issues-they_may_hav~_dizectl,~ 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. l~ 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: Kung & Shu-Shun Tsai Neighbor Address: 19268 Dehavilland Dr Saratoga, CA 95070 Neighbor Phone #: =~-0 '2~ -~73 2- Signature: Printed: 5~1u S~w~ ~~ai City of Saratoga Planning Department ;~'1 O®~~ i r~ Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS:13001~ Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that ~Pighhors-take~his~pporlunit~~o~xpr_ess~ny~oncerns or~ssueslhey~nrry_hav~ dir~~11~-__ 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: -Lance & Olga Agee . Neighbor Address: 19294 Dehavilland Dr Saratoga, CA 95070 Neighbor Phone #: ~~~' ~~~," ~~~~ Signature: ,, ~~ ,; ;~ City of Saratoga Printed: ~c Planning Department • • ~~®~~~ • • • ~ .', Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that -neighbors-take-this-opportunity-to-e~cpr~ss-arry-concerns-o~issues~hey_may~iav~slire_ct_ly ______- 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 Sara a. My-signature below certifies the-following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concer 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: 13000 Anza Dr Saratoga, CA 95070 Neighbor Phone #: , ~~ ~~~- ~ ~~ Printed: ~%"' /c Planning Department The Karlak Family Intv. Trust Neighbor Notification for Development Applications Date: 12/16/04 ' PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Stafj~and the Planning Commission prefer that neighbors-take-this~pportunity-tfl~xpr~ss-an,~-cvncer-ns-or-issueslhey~nay~e direetl~_ _ 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. C~ My-signature below certifies the-following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^ My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: 13018 Anza Dr Saratoga, CA 95070 Neighbor Phone #: ~ 0 ~%Q ~ ~ ° ~ Printed: ~. `~ Planning De rtment ~~+0®~~ Willie & Monica Hsung l~~J • '~~nfor~ Neighbor Notificat><o Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that -- -- ---neighbors-take--this-opportunity-to-express-any-concerms~r_issueslhQ~ms~ 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. Q~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: Terry & Judith Zaccone Neighbor Address: 13046 Anza Dr Saratoga, CA 95070 Neighbor Phone #: ~-c~~- ~S7 - ~ ~ i 5 Signature: Printed: 9i~-c ~ ~ L c.~~.-.~ ~ v dy Zr~. c c~c-^~- City of Saratoga Planning Department ~~+0~~~ Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph • Application Number: The Saratoga.Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning-Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that --neighbors-take~his-oppor-tunity-to~xpr~ss~y~oncer~as-ar-issueslhey~na~rha~direc~ly 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. ~I 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: fang Ping Chen Mei Hsiu Neighbor Address: 13068 Anza Dr Saratoga, CA 95070 Signature: Neighbor Phone #: 4 D ~~ ~~ ~~~ Printed: ~r ~(- t~2f ~/~-f~, • City of Saratoga Planning Department ~~®~~O ,", - • .. Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Stafj'and the Planning Commission prefer that ---- - neighbors t~ this opportunityto~xpress-arry~oncerns-or~ssues-the,P-may-have-direstl3~- - 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. ~I My-signature below- certifies the-following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^ My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: 13080 Anza Dr Saratoga, CA 95070 Mailing Address: 13527 Toni Ann Pl. Saratoga, CA 95070 Neighbor Phone #: ~~e~~~ ~`7// ~ Signatur~ ~ ;~ Printed- ~J ~ i ~, y~c y/N~ ~f / /, 1 ,/ } J ~~ Mingtang Yin Tsun Chang • City of Saratoga ~ Planning Department %~~~2~ ,~ • Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga- CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that - neighliors~ake-this-opportunity-to-express-arry-cencer~ts-or-issues-they-mad-have-dir~ctl~, 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 Sara ga. ~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: Lawrence & Elizabeth Burgess Neighbor Address: . 13102 Anza Dr Saratoga, CA X5070 Neighbor Phone #: ~~ `f ~~ ~`~~~~ Signature: Printed:. City of Saratoga Planning Department ';~~~~~~ _~., ', Neighbor Notificat><on for Development Applications '~~ Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that ----------neighbors take-this-opportunity-to-express-any-concer-ns-or-issues-they-may-have-dirk-t13~ -- - 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 Ciry of S_,ara~toga. L~' My-signature below- certifies the-following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ~~ My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary). Neighbor Name: Neighbor Address: 13126 Anza Dr Saratoga, CA 95070 Meir & Lynn Levi Signature: f, ~ ~~ . City of Saratoga Neighbor Phone #: ~~ ~ -~ Printed: i r Planning Department -~ Neighbor Notification for Development Applications Date: 12/16/04 PROJECT ADDRESS: 13001 Anza Drive, Saratoga CA 95070 Applicant Name: Joette Joseph Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by ___ ______~plicants prior to the public hearing. Sta and the Planning Commission prefer that .neighbors take this opportunity to express arty 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 Sar toga. ~My-signature below certifies the-following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns. or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^ My signature below certifies the following: I have reviewed the project plans; I understand the scope of.work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: 13148 Anza Dr Saratoga, CA 95070 Beverly J Korbay Signature: P o-z~~~ City of Saratoga v~ Neighbor Phone #:. ~ ~ ~-S .~ ~ ~"~ Z, Printed: ~e~/_~l~ard~a~ Planning Department • ~~0~2'~' Attachment 3 ~~®~~ai AFFIDAVIT~OF MAILING NOTICES i STATE OF CALIFORNIA ' ) !) SS. COUNTY OF SANTA CLARA : ) I, Deborah IJngo-McCormick, 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 _____ ____-_-Department on the 28th day of March, 2005, that I deposited in the United States Post Office within Santa Claza 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 Heazing 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 200 feet of the property to be affected by the application; that on said day there was regular i communication by United States Mail to the addresses shown above. i 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 healing on Wednesday, the 11`h day of May 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: PROJECT LOCATION: 13001 Anza Drive APN: 398 05 001; Joseph, property owner Applicant requests design review approval to remodel an existing single- family home to include an 1,175 square foot addition and to exceed the 18 foot height limit. The total floor area of the existing residence and proposed addition is 3,877 square feet. The maximum height of the proposed residence is 19.41 feet. The gross lot size is 16,804 square feet and zoned R-1-12,500. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Tuesday, May 3, 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. Deborah Ungo-McCormick, AICP Contract Planner 408-868-1232 ~pn / IM ~ 500' from 73007 Anza ---\ ~ ~ r P ~ °' ~.~ _w..,, `J' `'~' ~, / CorWortinpure _ i~Y' . 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I II c ~ _ ~I-I l 4' V E: - ' ., O - O' - -. -~~ .1 I i ~ _~ _ - .~ p c _ ~__ a ® ~ - s_ .. ~~, .i ~=1 Au ~ _ i '- N V ~ ~ _ o ~I. r 0 4=_ =1!=:. _ o _ I = €l i c c i -I c ~ __ °li° I-:__II o _°. _ ~ ia._ f.- - -... - _ - .,O-.b m - ~ ~-I -~ U O - ": - ~ =ei= Q _ _- 4 - ~ u ° o L. ~ ~ c ~ .. - __ e ~ ~ ~ -- i y Ei- U :: i. O „_____.___._.__.._.._____. _._ p ~_ m -_"__i...__...__.._._....__._._...____~._._.._ ='I I_ ri m ~ w r :': < - ~ ./ :. Q n ... i_ I' ova ^J o .-2 y e ~ O.- ~:O .. m-1 I~ W :l ~~ uY~ ° °{, :. u ~~ ` n ~ " U~O U N Z LLO 'r V .(W.^ .V / O Vl = ~ v O~ V ~ N • Item 3 • REPORT TO THE PLANNING COMMISSION Application No./Location: 03-398 20673 Rice Court Type of Application: Design Review Applicant/Owner: Abe Yung, Owner Tom Sloan, Metro Design Group, Applicant Staff Planner: Deborah Ungo-McCormick, AICP, Contract Planner Date: May 11, 2005 APN: 503-19-117 Department Head: i jG047Ci ::.... :I.-.. )R _ .....__..._.. i. i o DSO 30o aso soo ~so~ _ i;_ :: I 1 i i i ~.. ~.. X11 _ _ ~ DR _ AR i ~ ~~ ,.- ~ ;'~ GONNE i .. GL~eR • \. i ._._. ~. ~., \ f _ • I i `, i ~ .....~ I ~ ~ _ - \ 20673 Face Court ~ j ~ \ _ ,: 500' from 20673 FSce Court --~-- - ~ - - - -r ~ y : G '~~ ` Condominiums ~ ~ 4 ~ o~~ ,a . ~ , - .- acD~acREeiNOUOw , \ ..._ Merged_Parcels ~ i ~ . ~ {.y y ~ „ l~ _ `. . ' sen9ioca .__ _ _ i _ __ y ~T, f .~ - . ~ ,. t~=t3 i~ ~ ~ ~ _ ~ ~ r ~ ~~ E ,~ ~ , , ~ : - `' u=. ~•~ _ ' ~ I "_ `~ ~ r ........ ,4~ _ ....._. I ~ // ~ ~ r cT E,vM SARATOOA ( i ! I ~ ~ f _~ .... _. ~PARMr0UN70A_... f ' I I I: ~ I ~ •~ ~ _....~ , ~\ CNIDIMCN CT,- i \ I, - % - _ EROAPADERLBPLERURO ~ ~ ~ ...._.' . ~ ~ 1 x\\__\ _ _ \ -.- SARATOGA -__. I I 20673 Rice Court • ~~Oa01 i EXECUTIVE SUMMARY CASE HISTORY: Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION: 12/21/04 04/14/05 04/27 /OS 04/28/05 05/05/05 The applicant requests design review approval for a new single-story residence. The project includes the demolition of an existing residence. The total floor area of the proposed single-story residence and garage is approximately 5,466 square feet. The maximum height of the proposed residence is approximately 23 feet, 6 inches. The lot-size is approximately 87,855 square feet and the site is zoned R-140,000. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the application for Design Review with required findings and conditions by adopting the attached Resolution. • • • ®©®~2 Application No. 03-398/05; 20673Rice Covrt C7 STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 40,376.755 gross and net square feet SLOPE: 14% average site slope; 2% slope at building site GRADING REQUIRED: 978 cubic yards cut: 15.60 cubic yards fill (site work);110 cubic yards fill (swimming pool) ENVIRONMENTAL DETERMINATION: The proposed project including the demolition of an existing single-family residence and the 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. MATERIALS AND COLORS: Materials and colors include a dark tan stucco exterior with white trim and a slate file roof in earth tone colors. Ledgestone veneer base and wood windows are also proposed. ~~~~3 Application No. 03-398/05,• 20673 Rice Court PROJECT DATA: Proposal Code Requirements i I Lot Coverage: 27% Maximum Allowable 35% Main residence 5,465.50 sq. ft. Driveway 3,116.20 sq. ft. Patios, walks, and pools 1,693.00 sq. ft. Covered porches 686.50 sq. ft. TOTAL i 11,222.50 sq. ft. 14,131.86 sq. ft. Floor Area: Maximum Allowable -Main Floor 4,588.82 sq. ft. i Garage 876.61 sq. ft. TOTAL 5,465.43 sq. ft. 5,532.00 sq. ft. Setbacks: Min. Requirement Front 50 ft. 30 ft. Rear 50 ft. 50 ft. Left Side 20 ft. 20 ft. Right Side 20 ft. 20 ft. Height: Maximum Allowable 23.6 ft. 26 ft. Lowest elevation pt. 416.44 Highest elevation pt. 419.65 Average 418.05 At the topmost point of 439.50 the structure "~~~®®~~ Application No. 03-398/05,• 20673 Rice Court PROJECT DISCUSSION The applicant requests design review approval to construct a new single-story, single- family residence. The project includes the demolition of an existing residence. The total floor area of the proposed single-story residence and garage is 5,465.75 square feet. The maximum height of the proposed residence is 23.6 feet. The lot size is approximately 40,376.75 square feet and the site is zoned R-140,000. The proposed residence is a modern approach to the French Chateau style including towered elements, wide columns, and stone accents. Identifying features of the proposed residence include gable rooflines over arched windows along the front facade and an entry porch with arches- and ledgestone veneer accents. Architectural styles in the neighborhood vary. Lot sizes in the area are typically one acre or more. The average slope of the property is 14%. The existing residence is a single-story with access from a driveway off Rice Court. The proposed single-story home will utilize the same access driveway with some modifications to accommodate the location of the new garage. The design of the proposed residence utilizes the slope of the lot to minimize mass and bulk, and incorporates most of the existing trees on the site. The footprint of the proposed single-story residence is located in proximity of the footprint of the existing home, except that the location of the existing house is at more of an angle from the street. The existing house has the garage and driveway area on the west side of the property. The new residence now includes a "porte-cochere" as part of the main entryway, and the garage is now on the east wing of the house. Thus, the driveway is being moved to the front of the residence. The `porte-cochere" is setback more than 50 feet from Rice Court and the actual residence is set back more than 60 feet from Rice Court. The profile of the proposed house is only slightly taller than the existing house and continues to presents itself as a one-story from the closest property line. The property also currently contains a swimming pool, which is proposed to be removed, several retaining walls, -and a small vineyard in the westernmost corner of the site. The owner is proposing to re-landscape the rear yard in a manner that relates better to the proposed residence, while retaining most of the existing mature trees. No changes are proposed to the rear west corner, where the vineyard is located, a part of this submittal. The proposed grading plan results in approximately 850 to 950 cubic yards of cut. Grading of the site is primarily associated with shifting the footprint of the house to be more parallel with the street, and moving the driveway to the front of the house, through the port cochere. The applicant indicates that the reason for this design is to accommodate accessibility requirements for the owner. While a significant amount of grading is proposed, staff feels that the area of grading will not be visible from the street and that the applicant has made significant efforts to mitigate this through the retention of trees and incorporation of protected and native trees in the front yard landscaping. ®®~~+~ Application No. 03-398/05,• 20673 Rice Court i Neighbor Correspondence ~~ ~~' The applicant has provided the Ciry's neighbor notification templates for two of the adjacent properties. The applicant has indicated that the owner shared the proposed house plans with all his neighbors on Rice Ct. and immediately adjacent to the site, and that while none had expressed any concerns about the project, some were reluctant to sign the forms. No negative comments have been received regarding this project. Trees i The project site contains a number of 'large, mature trees in the front area as well as along the entire perimeter of the site, including trees on the adjacent property along the east boundary of the site. The Arborist ,Report identified 48 trees regulated by the Tree Ordinance that could be exposed to potential damage. Four protected trees are proposed for removal including three Fern Pines (#45, 46, 47) and one Deodar Cedar tree (#5). The Fern Pines are multi-trunk trees and 'the Deodar Cedar is 14.5 inches in diameter. All of these trees are located in the front area of the property. The Arborist report dated January 6, 2005 concluded that based on their existing condition, the removal of all four trees would be appropriate and would have minor affects on the overall landscape for the project. The Arborist recommends replacements only for tree #48, as trees 45-47 have been repeatedly reduced in height over the years and have very poor structural integrity. The Arborist also recommended redesign of the original grading, drainage and landscape design submitted for the project to increase assurance of the survival of trees 1-6,19-26 and 32-34. The applicant has since amended the grading, drainage and landscape plan and incorporated most recommendations outline in the original Arborist Report. The Arborist has reviewed the final plan set and finds that plans conform to the recommendations of the original report. The arborist recommends only one additional change related to irrigation laterals proposed beneath tree #43 Coast Live Oak) in accordance with condition #18 of the original report (See Arborist Letter dated April 11, 2005). This has been added as a condition of approval of design review. A tree bond is required for the project equal to 100% of appraised value of trees planned for retention, or $140,760. Geotechnical Clearance The application requires does not geotechnical review. 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 footprint of the proposed single-story residence is located in close proximity of the footprint of the existing single-story; therefore, there is little change in the impacts to views and privacy in comparison to the existing conditions. Additionally, the project has been ~~®~~~ Application No. 03-398/05,• 20673 Rice Court designed to preserve most of the existing mature landscaping along the periphery of the site, which serves to enhance privacy for adjacent properties. (b) Preserve Natural Landscape. The proposed residence and landscape plan incorporate most of the existing mature vegetation on the site. The use of earth- tone stucco and a slate file roofing in earth tone colors will- blend with the natural environment. These measures serve to preserve and enhance the natural landscape of the site. (c) Preserve Native and Heritage Trees. The project site contains many mature trees, including several native and heritage trees. The project plans have been designed to incorporate and maintain existing vegetation and to minimize removal of protected trees. Only four protected trees, three Fern Pines (#45, 46, 47) and one Deodar Cedar (#48) will be removed from the site. The arborist concluded that the removal of all four trees would be appropriate and would have minor affects on the overall landscape for the project. One replacement tree is required and a tree bond is required for the project equal to 100% of appraised value of trees planned for retention, or $140,760. All arborist report recommendations have been made conditions of approval of the project to ensure a high degree of survival for all new trees and those retained on site. (d) Minimize perception of excessive bulk Architectural details such as conical rooflines, decorative gable rooflines over the windows, ledgestone veneer accents, arched windows and the porte cochere entryway break up building lines, create architectural interest, and reduce mass and bulk. (e) Compatible bulk and height. The design of the proposed residence incorporates the slope of the site and is located in general proxunity of the existing residence. The proposed residence is set back more than 60 feet from Rice Court and presents itself as a one-story from the closest property line. The proposed residence will be in keeping with the general appearance of the site and neighborhood. (f) Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control methods. (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 as detailed in the findings above and staff report. Conclusion Staff concludes that the Design Review findings can be supported. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ~~®®®~ Application No. 03-398/05,• 20673 Rice Court ATTACHMENTS: 1. Resolution of Approval. 2. Neighbor Notification templates. 3. Arborist Report, dated January 6, 2005 and April 11, 2005. 4. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 5. Reduced Plans, Exhibit "A." • • ~~~®®~ • Attachment 1 • ®~~®~ Application No. 03-398/05,• 20673 Rice Court I APPROVAL OF RESOLUTION NO.OS-0_ Application No. 05-012 . CITY OF SARATOGA PLANNING~COMMISSION STATE OF CALIFORNIA Yung; 20673 Rice Court WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review for new 5,466 square foot, one-story home at a maximum height of 23 feet, 6 inches; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to construct a new single-family home, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home in an urbanized area; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 have been made in the affirmative: a. Avoid unreasonable interference with views and privacy. The footprint of the proposed single-story residence is located in close proximity of the footprint of the . existing single-story; therefore, there is little change in the impacts to views and privacy in comparison to the existing conditions. Additionally, the project has been designed to preserve most of the existing mature landscaping along the periphery of the site, which serves to enhance privacy for adjacent properties. b. Preserve Natural Landscape. The proposed residence and landscape plan incorporate most of the existing mature vegetation on the site. The use of earth- tone stucco and a slate file roofing in earth tone colors will blend with the natural environment. These measures serve to preserve and enhance the natural landscape of the site. c. Preserve Native and Heritage Trees. The project site contains many mature trees, including several native and heritage trees. The project plans have been designed to incorporate and maintain existing vegetation and to minimise removal of protected trees. Only four protected trees, three Fern Pines (#45, 46, 47) and one Deodar Cedar (#48) will be removed from the site. The arborist concluded that the removal of all four trees would be appropriate and would have minor affects on the overall landscape for the project. One replacement tree is required and a tree bond is required for the project equal to 100% of appraised value of trees planned for , retention, or $1.40,760. All arborist report recommendations have been made ~~~®~® Application No. 03-398/05; 20673Rice Court conditions of approval of the project to ensure a high degree of survival for all new trees and those retained on site. d. Minimize perception of excessive bulk Architectural details such as conical rooflines, decorative gable rooflines over the windows, ledgestone veneer accents, arched windows and the pone cochere entryway break up building lines, create architectural interest, and reduce mass and bulk. e. Compatible bulk and height. The design of the proposed residence incorporates the slope of the site and is located in general proximity of the existing residence. The proposed residence is set back more than 60 feet from Rice Court and presents itself as a one-story from the closest property line. The proposed residence-will be in keeping with the general appearance of the site and neighborhood. f. Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control methods. 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 as detailed in the findings above and staff report. 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, Application No. 04-398 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, date stamped April 29, 2005) and in compliance with the conditions stated in this Resolution. Any proposed changes, -including but not limited to facade design and materials - to the approved plans shall be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved plans are subject to the approval of the Community Development Director. Four sets of complete construction plans incorporating this Resolution and the Arborist Report dated January 6, 2005 as a separate plan page shall be submitted to the Building Division. 3. The site plan shall be stamped and signed by a Licensed Land Surveyor ~~~®~~ Application No. 03-398/05,• 20673 Rice Court 4. The site plan shall contain a note with the following language: "Prior to foundation inspection by the Ciry, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." ', 5. A grading and drainage plan stamped by a registered civil engineer combined with a storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. An explanatory note shall be provided if all storm water cannot be maintained on site. 6. The construction set shall include a final landscape, irrigation and utility plan. The final landscape plans shall show the required replacement trees. The utility plan shall show locations of air conditioning units. Any proposed undergrounding of utilities shall take into account potential damage to roots of protected trees. 7. The owner/applicant is responsible for all damages to curb, gutter and public street caused during the project construction by project construction vehicles at the property frontage. Public Works Inspector will determine if any repair is required prior to Final Occupancy Approval. 8. Applicant shall obtain an Encroachment Permit from the City Public Works Department for any work in the public right-of-way including demolition of existing driveway approach, new driveway approach, construction and curb, gutter and street repair, if needed. 9. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices, shall be submitted along with the complete construction drawings. An explanatory note shall be provided if all storm water cannot be maintained on site. 10. 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. CITY ARBORIST 11. All recommendations contained in the City Arborist Report dated January 6, 2005 shall be followed, 12. The location of laterals shall be revised to comply with recommendation #18, page 4 of the January 6, 2005 Arborist Report, or the plan is modified to indicate the laterals will be placed on top of existing soil grade. This change shall be presented on the final set of construction- documents. The city arborist shall be consulted to any alternative installation method different the those described above. ~~~~2 Application No. 03-398/05,• 20673 Rice Court 13. Tree protective .fencing and other protective measures, as specified by the Ciry Arborist in review of the final plans, shall be installed and inspected by Planning Staff prior to issuance of Ciry Permits. 14. The submitted landscape and imgation plan shall be consistent with the preservation recommendations stated in the Ciry Arborist Report . 15. Prior to issuance of Ciry Permits, the applicant shall submit to the Ciry, in a form acceptable to the Community Development Director, security in the amount of $140,760.to guarantee their maintenance and preservation. 16. Prior to Final Building Inspection approval, the Ciry Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the Ciry Arborist, and payment of any outstanding Arborist fees. FIRE DISTRICT 19. Applicant shall comply with all Saratoga Fire District conditions CITY ATTORNEY 20. 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 Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga Ciry Code, this- Resolution shall become effective fifteen (15) days from the date of adoption. • ~~~0~.~ Application No. 03-398/ 05,• 20673 Rice Court PASSED AND ADOPTED by the; City of Saratoga Planning Commission, State of California, the 11th day of May 2005 by the following roll call vote: AYES: I~TOES: 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 • ®~~~: • "- ARB R RESOURCES Professional Arboricultural Consulting & Tree Care April 11, 2005 Deborah Ungo-McCormick Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: REVIEW OF PLANS for the Proposed Residence at the Yung Property; 20673 Rice Court, Saratoga; Application #: OS-398 Dear Deborah: I have reviewed the following documents in connection with the proposed new residence at the above-referenced site: [lJ the most recent set of revised. plans; [2] a letter, dated 3/25/05, by Mr. Tom Sloan of the Metro Design Group; and [3] a letter, dated 3/21/05, by Mr. Jarrod Ryan Baumann of Reed Associates. My review reveals that the plans conform to my previous recommendations and are generally conducive towards achieving the protection of trees being retained and mitigation of those being removed or severely impacted. There is one item shown on the Irrigation Plan (Sheet L1.0) involving irrigation laterals proposed beneath tree #43's canopy. I suggest the location of the laterals are revised to comply with recommendation #18, page 4, of my original report, or the plan is modified to indicate the laterals will be placed on top of existing soil grade. This change can be presented on the final set of construction documents. If neither of these suggestions is possible, I should be consulted for an alternative installation method. Sincerely, t,~~ -David L. Babby, RCA Consulting Arborist P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@.earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ~~®®~S . _ • f:~ ~RB R RESOURCES Professional Arboricultural Consulting & Tree Care A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 20673 RICE COURT SARATOGA, CALIFORNIA OWNER'S NAME: Yung APPLICATION #: 04-398 APN #: 503-19-117 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 • January 6, 2005 P.O. Box 25295. San Mateo. California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352. • Licensed Contractor #796763 ~1~00~~ David L. Bobby, Registered Consulting Arborist • January 6, 2005 ~ I INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with the demolition of an existing residence and construction of a new one at 20673 Rice Court, Saratoga. This report presents my findings and recommendations. ~ I Plans reviewed for this report include Sheets A-0, A-1, C-1, C-2 and L-1 (by Metro Design Group, dated 12/7/04) and Sheet C-1 (by Bagoye & King, Inc., dated 10/04). For identification purposes, round, metallic tags with numbers corresponding to trees presented in this report were attached 'to the trunks of each inventoried tree on the subject property, FINDINGS The proposed project exposes 48 trees regulated by City Ordinance to potential damage. They include twelve Arizona Cypress'(#11, 12, 14, 15, 17-20, 22, 24-26), one Coast Live Oak (#43), seventeen Coast Redwoods (#9, 10, 27-41), one Deodar Cedar (#48), four fern Pines (#44-47), twelve Monterey Pines (#1-8, 13, 16, 21, 23) and one Silk Tree (#42). Specific information regarding each ;tree is presented on the attached table.' Their locations, numbers and canopy dimensions2 aze identified on an attached copy of Sheet C- 1 (Grading and Drainage Plan).3 Five trees, #44-48, aze in conflict with the proposed design and would require removal. Based on their overall condition and/or size, their removal appears appropriate. I recommend replacements only for tree #48 as #44-47 have been repeatedly reduced in height over the years and have very poor structural integrity. Trees #1-6, 19-26 and 32-34 will be jeopardized by implementing the proposed design. Plan revisions to the grading, drainage and landscape design are necessary to achieve a high assurance of their survival (see the `Recommendations' section of this. report). ~ The plans indicate .trees #19 and 22, (both of which are mentioned above) would be removed to accommodate the proposed grading design. These trees appear in overall good condition and provide an .effective ;screening element along the northwest property boundary. An alternative solution for achieving their retention would be to redesign grading beyond the designated fenced areas shown on the attached map. i ' The trunk diameters of trees #26-41 are visual estimates as access for measuring them was not available. s The actual canopy dimensions for most of the trees are larger than what is shown on the plans. References to canopy sizes should be derived from the attached documents. s Trees #13, I5, 16, 20, 21 and 26-41 are not 'shown on plans reviewed. Their approximate trunk locations are plotted on the attached map and should not be construed as being surveyed. Yung Property, 20673 Rice Court, Saratoga i Page 1 of 4 City of Saratoga Community Development Department ~'®®~~~ • David L. Bobby, Registered Consulting Arborist . • January 6, 2005 All trees anticipated to remain (# 1-43) are ~ expected to survive provided the recommendations presented in this report aze cazefully followed and incorporated into construction plans. Per City Ordinance, the tree protection bond for this project shall equal 100% of the appraised value4 of trees planned for retention, which is $140,760.5 RECOMMENDATIONS 1. Plans should be revised as follows: a. The proposed driveway beneath the canopies of trees # 1 thru 4 and walkway beneath tree #5's canopy must not extend beyond the southwestern edge of the existing driveway. b. All grading and drainage components should be designed outside from the designated fenced areas shown on the attached map. c. The two dissipaters proposed in the front yard should be established at least 35 feet . from tree #43's trunk. d. The portion of lawn proposed within tree #43's designated fenced azea should be removed from the design. e. Where beneath the canopies of trees #5 and 6, any grading or trenching required for drainage should not extend beyond the home's foundation by more than two feet. f. The Redwoods proposed for installation along the northern property boundary should be removed from the design. _, g. The surveyed trunk locations of trees #13, 15, 16, 20, 21 and 26-41 should be added to all site related plans. h. Sheets A-1 and L-1 indicate tree #42 will be retained, whereas Sheet C-1 indicates it will be removed; plans should be revised so they correspond to another (this report reflects it will remain per Sheets A-1 and L-1). i. The scale on Sheet C-0 appears to actually be 1/16"=1' rather than 1"=10'; the scale should be corrected. 2. The portion of driveway proposed beneath the canopies of trees #1 thru 4 and walkway proposed beneath the canopies of trees #5 and 6 shall be established on top of existing soil grade and not require soil excavation (i.e. a no-dig design, to include any edging). The soil surface must not be compacted; the subbase materials can be but should not exceed 75-percent density (incorporating geotextile fabric into the design could help decrease compaction requirements). 3. Any retaining walls installed beneath the canopies of retained trees shall be established on top of existing grade (such as adry'-laid stone wall) or by using discontinuous footings (such as a pier and above-grade beam foundation, in which no soil excavation should occur except for the piers). a The appraised tree values shown on the attached Tree Inventory Table aze calculated in accordance with the Guide for Plant Appraisal, 9`~' Edition, published by the International Society of Arboriculture, 2000. s This amount presumes only trees #44-48 would be removed. Yung Property, 20673 Rice Court, Saratoga Page 2 of 4 City of Saratoga Community Development Department ~~®~~~ David L. Babby, Registered Consulting Arborist • January 6, 2005 4. Any new drainage components or underground sewer, water and utilities (electric, gas, hone, cable, fiberoptic, etc.) should be designed and installed outside from beneath P the trees' canopies. Where this is not possible, I should be consulted for alternative installation methods. 5. The temporary or permanent drainage design must not require water being discharged beneath or towards the canopies of retained trees. 6. The existing driveway beneath the canopies of trees #1 thru 4 should remain throughout the entire construction process and only removed just before the new driveway will be installed (typically during landscaping). When it is removed, including the portion beneath the canopies of trees #1 thru 6, the hardscape shall first be broken into small pieces using a jackhammer. The pieces must be manually lifted onto a loader that shall remain on hardscape at all times and off unpaved soil beneath the trees' canopies. Within one-hour after the soil surface is exposed, afour- to six- inch layer of wood chips, clean sand, or landscape soil mix -shall be manually spread over the surface and remain moist until the overlaying materials are installed. r 7. Tree protective fencing must be installed precisely as shown on the attached map6 and established prior to any demolition, grading, surface scraping, construction or heavy equipment arriving on site. It must be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter galvanized posts, driven two feet 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 driveway removaUinstallation process; the relocation or dismantling of fencing must be directly approved by the City before doing so. 8. Unless specifically 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: demolition, grading, surface scraping, trenching, equipment cleaning, stockpiling dumping materials, and equipment/vehicle operation and parking. 9. Any unused, existing underground utilities or pipes located beneath the trees' canopies should remain buried and be cut off at existing soil grade. 10. The removal of the existing wood steps or other features within the fenced areas shall be manually performed. 11. Throughout construction, water should be supplied to trees # 1 thru 42 during the months of May thru October. I suggest a rate of 10 gallons of water per inch of trunk diameter applied every three weeks. The water can be supplied by deep-root injection or placing soaker hoses on the soil surface beneath the trees' mid- to outer-canopy. 12. Any approved grading or trenching beneath the canopies of retained trees shall be performed by hand. Roots encountered during soil excavation that require removal 6 Protection fencing shown on -Sheet C-1 varies from what is recommended on the attached map. Yung Property, 20673 Rice Court, Saratoga Page 3 of4 City of Saratoga Community Development Department ~0'l~~~i® David L. Babby, Registered Consulting Arborist • January 6, 2005 should be cleanly severed near the soil cut line. The freshly cut ends of roots having diameters of two inches and greater should be immediately wrapped in a plastic sandwich bag that must be tightly sealed using a rubber band or electrical tape. 13. The removal of plants, shrubs or groundcover beneath -the canopies of retained trees must be manually performed. Great care should be taken to avoid excavating soil during the process. Any stumps must be ground below grade rather than pulled out using an excavator. All ivy shall be removed and remain at least two feet from the trunks of retained trees. 14. The pruning and removal of trees must be performed under supervision of an individual certified by the International Society of Arboriculture (ISA) and according to ISA standards. Clearances over the driveway and from the home shall be achieved prior to the arrival of heavy equipment at the site. 15. Herbicides should not be used beneath tree canopies. Where used on site, they should be labeled for safe use near trees. e 16. The proposed landscape plan should encompass the planting and irrigation design throughout the site (including beneath the trees' canopies). ~ 17. Plants should comprise no more than 20-percent of the area beneath a tree's canopy. Plants proposed beneath an Oak's canopy shall be drought-tolerant. 18. Irrigation lines should be established outside from beneath the trees' canopies; where within this distance, they should be placed on top of existing soil grade. If trenches are necessary, they should be dug in a radial direction to the trunks and be no closer .than five times the diameter of the nearest trunk. Imgation should not spray beneath the Oak canopies or within five feet of the trunks of other trees. 19. Stones, mulch or other landscape features should not be in contact with the trees' trunks. Installing edging material or tilling beneath canopies should be avoided. 20. 'The removal of tree #48 should be mitigated by the installation of tree(s) equivalent to its appraised value of $3,740. Replacement tree values and sizesare presented on the bottom of the attached table. 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) • Yung Property, 20673 Rice Court, Saratoga Page 4 of 4 City of Saratoga Community Development Department „~~, ~ ARBQ : RESOURCES r Professional Arboricultural Consulting.& Tree Care TREE INVENTORY TABLE i ~, o 3 o 3 .; ~ q ~ 3 °~ ~~ y .. ~, ~ ~ ^ ~ a.~b ~i~ C c ao A ~ ~ ~ ,> ~ ~ ~ U~ ~~ U ~'m ~. a ~ c ~; . A oo v ~ ,, c ib . ~ \ ~ ib \ ~ . o an ;~ ,~ TREE A ~ ~ ' o° '~ ~ ° o ~ o ~ o ~ o ~ > ~ ~ ~ ° ~ -~ „ . u ° U ~ o o ° ~' NO: ME TREE N . H~ x U x~ ~~ O ~~ ~ ~: ~ F. Monterey Pine 1 (Pines radiates) 17.5 40 20 50% 50% Fair Low 1 - $560 Monterey Pine 2 (Pines radiates) 16.5 40 30 50% 75% Fair Moderate 1 - $600 Monterey Pine 3 (Pines radiates) 20 30 30 50% 75% Fair Moderate 1 - $880 Monterey Pine 4 (Pines radiates) 27 35 30 75% 50% Fair Moderate 1 - $1,590 Monterey Pine 5 (Pines mdiata) 20.5 60 30 50% 75% Fair Moderate 1 - $920 Monterey Pine (Pines radiates) 29 70 40 50% 50% Fair Moderate 1 - $1,5 Monterey Pine 7 (Pimts radiates) 14.5 45 30 50% 50% Fair Low 3 - $390 Monterey Pine 8 (Pines radiates) 23.5 55 45 50% 50% Fair Moderate 3 - $1,010 Coast Redwood 9 (Sequoia sempervirens) 15 60 25 100% 75% Good High 3 - $3,190 Coast Redwood 10 (Sequoia sempervirens) 23 60 25 100% 75% Good High 4 - $7,400 Arizona Cypress 23.5 @ 11 (Cupressus arizonica) 1' SO 35 100% 25% Fair Moderate 5 - $5,700 Arizona Cypress 15, 6.5, 12 (Cupressus arizonica) 4, 4, 7 50 40 100% 75% Good High 4 - $5,000 Monterey Pine 13 (Pines radiates) l4 50 35 50% 75% Fair Moderate 4 - X $390 Arizona Cypress 14 (Cupressus arizonica) 10, 5, 3 35 15 100% 50% Good High 3 - $1,740 REPLACEMENT TREE VALUES IS- allon = 5120 24-inch box =5420 36-inch box = 51,320 48-inch box = 55,000 52-inch box = 57,000 72-inch box = 515,000 Site: 20673 Rice Court, Saratoga Prepared for: City of Saratoga Community Development Depart Prepared by: David L Babby, RCA 1 of 4 January 6, 2005 **~~ ~F:Y®~Rs2 i • • • ~..Y~®tii-~ie~ ~: i Attachment 3 • ~~®~~.~ Neighbor Notification Template for. Development Applications Date: ~~G ~1;~[illp¢ ~ ~ 3 !~ l~ G~ rIZ07ECT ADDRESS: Z Applicant Name: ~ ~bti~1 ~ ~'2+.~'l ~ ~ ~~e ` ~ ~~ Application Number: The Saratoga Planning Commission reguires 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. ?'he 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 t3~e applicant:--Please-ensur-e-the-signatures-on_ his_document s_re~vresentative ~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. ysignature 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. eviewld the ro'ect ]ans; I ^My signatwe below certifies the following: I have r ~ p ) P understand the scope of work; and I have issues or concerns,.wbicb after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): bor Name: ~`' 1 (~~ `~ ~~ ~"~'~l t I ~ S ~~~ Neigh Neighbor Address: ~~. ~Gt V'~.i ~ ~ ! ~ ; L Gt • Neighbor Phone #: ~ ~ ~' ~~ ~ "~ Z~ Signature: n `ti ~t V ` ~ !l \\ l: J~,~ Printed: ~f E`~~jl r~ 'I-~/~~~~ :J' d ©®~~~ ('itv nfSaratol:a Planning Department tification Tem late n eighbor No P Development Applications ~. Date: ~~ ~~~ ' PROTECT ADDRESS : ~1 CJ ~v-I ~ R l Ge C -E Applicant Name: ~Ob1~ Slc~'~1 ~ ~~' ~~~~ Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly -- -to-the-applicant.__P_Iease_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. ~1vlysignature 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. wid the ro'ect lans; I ^My signatwe below certifies the following: I have revie P J P understand the scone of work; and I have issues or concerns,':which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~~ '~~~~ Neighbor Address: Signature: ~', , nf.S rato.Qa Neighbor Phone #: ~~~ " 1 11 Printed: t1c L/~c%.~AfD ~ ~u~dt ~ ~`n • • ~~®~~~ Planning Department • Attachment 4 ~~, ~J ~~~~~~ i AFFIDAVIT OF MAILING NOTICES '~ STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Deborah Ungo-McCormick, 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 Department _on_ the _28th_ day_ of March,_ 2005,_ that L_ 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 aze entitled to a Notice of Heazing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the. City of Saratoga in that said persons and their addresses aze those shown on the most recent equalized roll of the Assessor of the County of Santa Claza as being owners of property within 200 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 • ~~~~'~~ 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 11th day of May 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 - ---- ------7:3D a.m.-- 5:00-p.m. ---- ------ ----- -- -__ -- -- ------- - PROJECT LOCATION: 20673 RICE COURT APN: 503-19-117; Yung, property owner Applicant requests design review approval to construct asingle-story, single- family residence. The project includes the demolition of an existing residence. The total floor area of the proposed residence and garage is 5,465.43 square feet. The maximum height of the proposed residence is approximately 23.6 feet. The lot size is approximately 40,377 square feet and the site is zoned R-1 40,000. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Tuesday May 3, 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. 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Z, mp z wy{y zi{z0>>.. jrn ~CZ S p~ _ ~PxL ~.. uPPy~{Rny 00{{ i ~ m>u z ~ ~ ,P p SpOAE 4z ~ i ; rnN ' =~ ~mP= R~ >;Oc,~iam~i(~m alp` I A, a7R .{m.. ~--,- A 3 O a~r?CggplM1Am I ii l~ ~ -q ;, ymn ~~ A \pAA j AV m _A 'I~j` N~' mAmm Zmy=~L l _ A tR 0 O• p~ i m N ~ A j, mzP ai giymr~m .. ~ O ~ I NR O mmZ > m I O I ~, mzp0 => mN31~Om II II y j \ A ~! ~A O~ O OOP Zm I. I x. ^, O~ y 1 ~p1` I ., 1 S zr I~~~I i~~ '' I ~! f - 4~~ ~7 -~ ~ \ - . ~ 1 iP A ' ~ I ~p ~ d'~; ~\ ~ Pp l ~,~ ~ © _ ~ - ~ " ~'~ f " - v \ O ~ ~ / \ \ ~. 1 ~ ~ ; ~~ 11 ~ 'R ~ ~-..-.1 ! Kam ~ \ 1I ~y T i \\ I q. A V6 ! a . ~ r j/ j u: v 'T-r A ~ m ! - C I ~ ` \ ;A / j wv J 0% ', b ~ ~~y/1' I ~Y 1 It ' ,1 S ~ I I / .~ ' h f ~ 1 ~uJ q ~ k ~ ~ ~ ~ " ~ ~ ~ ?fig ! - I Dank. ~ _ .~~ ~ ~. d.~• , . ~ - _ . . ~.,~~ ,;v N:. ~.~~ 1;~~ ~ I~~ . a. ; I o I ~ I ~ a )k Oxk rn~ m4 y~ Z~ i~ ;~z >22P > Om » ~ ~ Di ~m. y, Kc Z]fp iZij, AN jN P m~ N m ~p v m zy- ~i m ~ __~ K . '~P ~ vy ~ ~ D (~ y V A Z P m m A ~ P z X A ~ m m A rnA~O yi pj _y ~ O~O v v ~ y O~O p P m O ~ m~ A (r A ^' ; P P N N N P P i N > m O A m O O T ~ m m y 0 A A v O v m ~ O r ~ mpAO ni ai m y~ A N m ; S z m m ~ >~ < m "o m g F ~ =Oi A D A 0 m i~ z A p ; m{ i ~ m ~ r 0 r y O y 0 ~ ~>NZ 4 y p O y O ~> m ~ D } ~ F m i K m o m N nN mr z- a r ~ z R~ ~ ?} X O 0 P ` A m~ N r ~.r ~ "prn O tiz yA A m v r z ^' ' ffi rn > r N Z 0~ ii qi A ~ P~ Z ! N tl Z ; m m 0 Q~ m m OF i P v .- i I _ / ~ j , 7c 1 ~ \ ~ l:J '~ ' I '~ I I 7 i X Z • ~\ !~ / - \~/ l~~Qf `-- _~ III ~ ~~ .`J` a p~mm ~~ ~ .F tut r~i 1 pimp / \I~ - ~ \ ~@ ;n ~ .rte ~imZ r ~` F 1 b y~o rn / ~ ~Y'Tf - j/ ~. ~ i - ~ _~ f J A P F can ~ y / \ ;, , ,k\' ' / F ~ f y _!r~ {~ m 1 uT '~ .1 ~ i a 4 s { ~' ~ / / 1 ! SiW7~ v~ ~a F x '. ~ 1 ,~ ~ ® '~ >,' 4 y,,t~ ~p b~ ., N O lQJ ~ ~ . I Y ~ O I 6 ~ ~;; ay ; - _- V / ~ ~ ~ ~~ V \, ' 41~ UO C ` - ~ -- _ o ~ a ;~ ____ a - ~--~ > c~~tlNjuApz ~ ~Ai pz mT~ 0~- m>yD Am~t3>~ >> mipOp yirn p0 9m mN m~ mm <OR8> i m z>m O ~~~yr t<~nnyP I' 2 QT ~ OA ZP > r % G A ~Fy 02 • ~y m ~ ,~jN z v_ my ~ mP my ~P ~ ~ m ->i t9. O tt 1I . `~ ` ~ G ~f n ~ S E!t ~~ y ~~ m' ~ ~ (I' ~: G a..'. ]9 'R to m m3P~p t7Pr1 ~im~ m d N O ~ m A D ~ PROJECT: y e ~. E ~.R 0~ rn ~ m m m rn YUNG RESIl7ENG~ W u 0~ S R R~ g 3 0 z 1 ~ ~ ` m ° m ~ ~~2 z ?i ~ z o o : o H ~ ~: u ~ 20613 RIGS COURT o N ~ 0 N 0 aK d ~ R~~; ~~ m m ~i O A u N r N ,' o A SA~R~TOG~, G,'4 Q 50'10 = ~$ ~n'o ~~u 3 -~ Q~ c~ aids Q N~ ~~ a ~ ~, ~. o z v v Oo~~~=4~ m °ogn ~zo N N N- _ ,.°~s ~a _ • ~~w... ,,.,,.o. ®~ -~- d O r z • ~,8. x 4 =~ ~a ;m.. ~~ ,. e`°o j ' ~ \ \ 1'4s~~ ~y 4 I~j-' //'~ // G ,~ n `% / 3~ G~, ~ ~ l ~ ~, i, '~ N I.a II k j / I ~ ~ ~~ / ~~O J ~ .~ I p I ~ ~ I i ~~ f I \ ~i03m? I\ >) \ t~~zp i I 0~@I !~ I N ym> I ~ ply?b I >;p)P P~prA `\ so~A; j k mA-IP3 I c>o~N I p0~mm ..4~ m y Dp~ ; i mops I o~~ NN<~ R=^z I I N Dij A )D~n H ~Si~ i o>ma ~ ' ~~ II `' 1 >~ 'I j i.- '-1--- ----- -- I •----~----- i 'W 0 I < a} I ` ,4 A ~$ tea, I ry u ~u I I N I i I I i I D ~_ - - I Z ----- la I 111 I@ ~- _ - - - - _ - I ~~: ~Dmz 'm(DmD Oy I Oyy ZO p~z~yp I ~: wr Ni~pP'z i ~,~' O~>mz~~ OWi~y~cm A{l~mym p OD p4yyN I ~A~Z~Pi =i:i~I~DF I mm-Ni~i3 Km Od;pymy~A OD-IAx)y pp ~DNt~r ~ ODDympl"OOm i i cc }}11y~ AT ~1'AL~0204 p I ^p'~O9>~~i ~ I i ~ I A{Om>>yz I ~ \ ` Dma~~my I '~ p '9 Z P ~ y~ 10 AN R~~~ ; , I I ~~, I, I A I __ ~i ~ A DI MD mi D A ~ i i ~. Di ~ j I I wl A i AI ~ N I i @j a ~ I a~ m A l i I i ip I m p ~ Oi O p Ai pp j I I , .~ -~ ~- I i I IL I- I IY i ------- - N IW ,- -. ~ / ~ \ \ 6 r l ~ d,~ ~qT ~ ~ ~y ~ / @ \ •pO ~,Q ~ / ,,I I O,y / ~, T ~' I wcwe ~ ~ ~ ~ / y I V I I \ v ~ / / _ ~ I ---~ r-- ~ ~ I ~~\ ~ . 1 a I ~ ~'>~' ~ ) I j A I _ ~y ~ I --- -I~IE~ -- -~ I~' ~ I .j U /~ , a ~ j p 1. _ /_, t~ w I" ~ ; I I _ ~ \ - - - - jl I _ - - - - - - - - - I it I ' I I `I ~' f I Ic-<' ~Am ~ ~ ~ - j I ~~ I h ` ~`~OI ~ O m ~O ~... z ~ D I •, -I 0 p -~ I ~ I~' --- ---~4 ; ~ I ~, I I~ I _. I. .___ _ _ _ _ _ _ _ __. __. _ -~ A I i; --"--- - I ,: i 3 I' ~ ~m !~ A 4I I I ~ I I j la I ~ ~:~ I ~ (T.I I II i ;I ~`m I n i y i i 17 I IA ~ I ! ,~ U ~ I A I I I ~c- - 'I I I 0 ~ , j ~ _.- _ _ I I \ I - ---'-- - -'-'-'-'--'--~. I I j x~ I i. r____ ~ I i `~i U III ~: I d a ~'-'t I I I w. -- I I ' ;I - ----~, j yy; ~,- I ! I A >p m p~0 > ~ ' ; I < p ~ ~T i~ I ~ Dso ~ ~© O I I : I ~--Y__ i~ I ~ ~Ni n ~ ~ i it I A m^ -Zi ~~ I I ! i~ ~ ~ i y is p S ~ I ~ w I ~~ I ~ ~ II P i i Zm .' P j ~ ~ ___ _--- - ~ _~ ._~1_ mj ;: I i I I P I ~'~ I j ~ G ~~ I I _ I ~ ' I • ,L I i _._~._._ 4 i._. I I _ I A I ~'Y i I 14 i 't N p ~ A ~ = m A n D ~ PROJECT: .. s E~ ~ y m i YUi~tG R~511~ENGE ~ m N a ~~ ~' rn -~ 1 Z n 'I 4 Ul N ;~ to ~ N m < ~~ e~~ a U ~ ~ ~ v ~ n ~ o ~ _ ~ " ~' 206'73 RIGS COURT N Z . ~~~ 200 ~ ~ ° of o N 0 A ; N 0 $~ A rn o o ' S~RA~TOGA~,G~ 950'10 g3n~~A~~ ~ -a~~ ~~,; Z rv ©~~~x~ ~ " stio~ -~Zo ~~~Q ~a _ • • ~~ O u N O .fl .fl ~+ O ®.~ n D r ~~ rn ~rn ~~ od .~ 4~ 7~ r---! u i ?v v AD D ®m rn '0 N N c A ~ c ~P r -~,I i' =l7 d z z 0 ~ 0 . ,~ P y~ y~ r r r D r; r' z z rn m A <i "' Z I D, ~j I D. i 'd p D ~(~ Q1 D R Ni A A N-~ AjO~ NAAP P ~-~ 6~ ~N -i N N j0` fP N 0~ .J A ;0~ 0~ A W O ' A}~ ~S ~uAA c n . I R:1+N R j ;' 'j~ 1 D Z ~ z ~;:. ; o ~, d a. ,:, , D A N N P.N N N 0 D A rn P .p c,.~i N _ cu y rn D p I .: CA i N ~A J N u+ .fl c+ p N N l'y' ~~ s ~__ ^ ^ z ~ PROJECT: ~ m E a_ n 4 ~ `{rte T fTl 0 n ~ rn m m D = D rn rn YU1~G R~51I7E1~lGE O A .~^ ~~~ ~ ~ ~ ~ ~ ~ ' 'T1 ~ n D Ol i w a m _ ~'&Rv~'^ ` ~ ~ ~ ~V Z Z o 1 o Ql ~ N \ a ~ ~ 206 ~ 3 RIGS COURT " C o - .. ~ N a~^°~ x~~ z ~ o m R~ m m • Q -~ A u o ~ N ~ o O ' S~R,4TOGA~,G~ g507O Z ~~~~~~~~ d:~' °~~ • ~,~~ p ° m ,• • • ,< ~ / / ~ ~ / ~ NI /~~ ~ // / \ / ~ / ` / ~ / \ / \ / ~ /~ \ / ~/ :< ,\ / , ~ % 1~ vALLlr F ~~ / r ~~ ~;~ \ / , a ~ i ~ o~' 9 / ~ \ /.~ vALLer / / / / / / \ // / ~ // / ~ ~ \ ~ \ ~ ;~// - ~~ \ ~ ~ \ \\ \ Him / / / / Re IIP, '~ ` \ /~ \\ Y .:, ~ r `~ 9 ,, ~i ~ / / '~ ` i yA`LEY / / ~ RAR ~ 4 ``~~ m m $ S m yy ~\ ~ j3^~t~~ I - - - ~ ~ ~3 S ~ ~ ~ ^v <N Y <<z P ~~ `~ ~ A y , I r } ~~ ~ R 9~ 1 I --~ i _ I ~ I - N: i I I _- ei I p F Ny ~ , yA - I ~ I I __. ~ 1 ~tP I a @ ~ D -~ I ~(/ I ~ = L , i y~ ~i li u ~ ~----s:: -------- I ~.. ~ ~ - - - - - - - - - - - - r I L ~+ I L ~'--- I ~ r r ~ -a~ r ~ a i I I I tiA ~ I ~< I i 1 I 1 m~ _. ~ vbe ...L.-~_.__. - -I a , R~Dbe 1 I -.- s.q _ I . _. _L_ ._. _. Pm I ~ m z I , I I r+ ~ L I Y r I I I ~ - ~" F ~~u ,~~ ~ ~ I I yw I I I ~ I---- a-------------~-~ +- I A 7 ti~ r ;~ I i I I --- i ;i L_ ~ i ~ ~ i ~-~ ;- - - - I I __.; i - - OA ~ I_ ~ q I _` ~ I I ~ ~ r I ~ ~ -l I o? O o ~4 I -~, . i j ~- s .- I i -J I ~" ~ _ _ p I ` ! I ~ Rlpbe I - ~ ~ Jr ~ ~ A Y ~ A ~ ~ i t a,,r i ~ Ripb! I R R j x " ~~. i I ~ ;~ I ~' ~ ~ o F ~ I i I i ~ ~ -- ~, ` r ~ j / ~ I I i I / / ~ I a !' I I ~ I I I ~ i` l ~ ~ I __ I ~ aiDbe ~~ s~ 4a L ~ A i °0 0 ~ 0 p= _ ;a € g I i I v S m ~ €m F i ~ ~ I I I ~ I a . ! ~ ~o ~ =N a I I a i z I I I - ,N ~a d `Z l~ V ` ~ i k k ID'v O C p _ ~ `' I I O -~ I I ~ ~~J ~ I ; I ~ ~~ I I ._ _. -ro I i i ! I r I , i I 1 i I ; o z i --------j--- ~- --- ---~ a I 1 I I ~r +~° I P~ = ~ p y p ~ x o p ~ N (\ v y PRO,IEGT: _ m ~ ~ 4 ~ rn rn ~ x y ~ m = rn m ~~ YU1~lGR~51~7ENGE ~~~g~~'~. ~ o Tii -~ Z n y v 01 t to ~ u m m' R r e b a ~ t,, N ; i N O ~ 2 06 7 3 RIGS GOURT o = ,. ~ ~ ~ ~ ~' ° ~ bb o m ~ m a ~a rn F W ~ A o N ~ o A S~R~TOG~, G,~ 9 5 0'T O . ~ R ~ C g~ s Q 6~~ m 3 a ON1 -' ~< ~ ~„~ " Z ©N°~ ~~~ ;;; ~ ~ sgo~ ~Zo _, O ~ y p ~ • ~.w.et ~. ~ . ,. • >~ C < 1 :~ ,~ ii Gr`~C -~ / s S b .s ,~ i I ~\' $.~ i~ ice,. ~ '~'I~~ I m ~ ~ ~ ~ ~ ~~ \s ~` A I ~ Ly V~/ F -- ~~ I I ~ II I In r .. ~ ~ ~ -- ~ , I ,u y~ 4 r.{i f'=. NH ' I I I I rr ~~ r~ ~ ~_„ u ~ .~ ' r ~' I ~ Fn:. y n ~~ i I "1~~ ~ ~„~ ~ ~' y i n~ ~ 44 i1' ! 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"yr Yjf fix' M ~ ~a _ '}- ~ $ I fi ~ =` ._ ~,~ r~~ ~'ly~ y ~+~ Into •_I ~' A ~_. t '~ N i y I I~ ~1~ I • ~ S ~4 P ~ ~ .;t'~.2. ~i ~ I f-. < I ~a i u > ®~ ° ~"''NA I ales 'n ~ ~. ~ ~'.• P r? yin ®I a I n o k l i i /~ ~~ 7 r - __ f.ti ~ N I I / / 'l ~- 'V IA -- I ' Im I ~ / / ~' I I AiM1f la ~ / I 33'-6' 9"' y __~f -~??~~ I I r ' 11 { r~l~ ~~aa u ~~:° ~~ _ r_'`h , ~_~ ~ ~ / I ~ ~~ r L _ IL ~A ~ _"~; ;'LJ(f V ~~'~ I K I~ / ~~ ri ~'~ - ~ ~.. u *' ~u Q h Q' \\\~1 ~ ~' u n ~ D x t 8 A F A ~ m > u /~ O ~ A o D ~ D r~ P ~~ 0 0 I~u (j1 A 0 A (~ m A n D D -~ PROJECT: x F o ~ 4 - n n T" n m m D Z m rn YUi~tG RESIZ7ENG~ ~ "' m .. ° ~ ~ ° ~ G ~ s ° (71 -I n ~ ~ to A m mS~~ kR° ~ ~ z 0 N H ~: 0 206 '13 RIGS GOURT N ° X ~~ n R p n~~ ~ - ~~ ti~~ A N rn o 0 ~~ ' ' ~ ~ N ~ 4 SA~R,4TOG/~,GA~ 950 10 ~ g~QR ~ -=~{ ~~,~ A Z a v ©~~~~~~ °8g~ ~zo N . yob, w ~ I )1 I I \ C' I, ~ ioaol~u ~ In ~ u I ~ ~ I~~~' uAi ~ I ~~~ I Q ~ ~ a s~ ~ ~ ~~m I ~ i ,! > I ~ `I I o ~~ I ~~ I I 4 4 I i ]]i I o o uN I x \\ `~~'~ `\ ~ ,~ J p p3 ~; A ~ 4n c ~ Pu ?t ~ ~ A ny p> 3j ' i 3~ i -'~ i ~ ~i 4; (` ~ ~, " ~, J ~. 4. I i ~ m ,Fy.. ,'~ ~ I {: ~y~ u~Y :~',.I j 1 u ~ a }, J,~~. A ~' L W ~ u _ - aa~ 4.~; in ~ i• '6~`; O Uy ~N ~Jr -6 ui r k -Z ~ a JJ r~(i NF ~ .. a ~ ~ F. ~O o ~ ~ s I ~~ - ,~{;; rya _. m m g y .~~~ 'v rr m o a pp 'I m a p ~ I S a 3 ,,„nd;'1 h; ~ ~ ~ 4a i1rP 1. ti 1 9 ~ nH~~ V_ ~~' ~. _ ~ it f ;. I ~r , ~~ N 4~ . _ ~ ti h ~ ~ I~ w ~Qj 7 m nA ~ ~, ~@ ;~ F N ~°~ "~,~ ~:~ r~ °mz of 'n ~~ r i,~ 4.1~ i ~ ~ .{4 ~' ' ~ ~r ~ 'r 71 v € 0 m m 0 rn i ~ y' '~ j,' / ~ v I I. ;, o 1'11 ' ~ ~ ~ ~'~ ~~ ~ I ~~'~~'~~ '~ -,a ,; r II ~ ~ ~I l „y ~~ ~ rI O SS ~° ~S{J lr~.~~ I~~ I__I__~,~.lLS S I I 1 ~ )=~ ~~ t > < ~I~ Cam-? ~Il~~ I ~ ~ ` ~~ ~ x ~ a i x.11 -~ ~,~I `1` 7 ~~ ~ ~ r , ~~ ~,~ ~ ~; we ~ ~ a `• ~_ I 1h b i 1,' ~ ~ _~ ~ ~ i ' ~ ~~ ; VIII `',;~\I - ®I ,,,1 ~~ Q~ R ~ QO u Y IS < A i p Z3 ~ F Fi ~ ~ Q. i Q rJ1 ~C~ ~ m ~ N m 0' 8 1 ' w ~, ~ ~ z ~ m i a a < ~ m A p00 ~ 3 A 7 e .9. N O m a -i gg o ~ ~. + I _ P y y T i ~ N q a i '"~ r ~ u ~R ~ ~ ~ ~ N ~ ~ °~ ~ ° IP u ~ > y A m P u ~u + ~ V > ap +, ~~ I ; 1 ! rn ~ ,, ~ ; Y b: ,i , ~ ~, ~. rrn { ~ II', ~- ~ ~ '''1" i / ~ ~ ~ ~ O ~~ ~J z MI ~~ i~~ ' i~t • ~ _ , .; I O~a m~ P m 1 4y 2pppFGN d vPPN= €m WAI illok Ou 6~ i n j j 8 i i n 1,~ I ~ ~~ ~ i i ~ ~ s<s ~ ) C I ~ y ~ y'o ~ R~ ~ _> ~ I °_ a i o °o N p O D p ~ = m 0 A n v D PROJECT: _~ n v Ze,o ~ ' n v D W W ~ YUi~tG RE5117ENGE W u a ~ R R Q~~ ° ~ rn ~ z + o n' o ~ N . ~: 20623 RIGS COURT N N m o ~ P~~r~~~g ~ ~ ~ ~m~ n ~~ V~ ~ A ; ~" ~ ~ ~ ' z o°'~~~"~~n d ~ ANrn ;~ u ~ o S~RA~TOG~,G,+~ 950'70 ~3~~°~~~ ~ ~ -~ °~,~ N N s°~~ ~ • • m3 v ,I 1, s~ „t , ;I ~ I , 1 m m ~ m a ~ \ ~ ~ v ~; v o F ~~ A '1 I:~ p p A ~ 1 ~ c ~ :+ a ~JA W :` P 1 ~ ~ M m ~ y> I v~ lu - ~ ~ Am i Q ~ _ U ~ R a f 1l'-3' --- ~, ```\ ` •.~ I ` `~ ~. I \ . ~~F.~. ~ ~~ I ,., ~1 U i I ~ U -.~ ,I '. !I ' ~ a ~ p; r n i r m i ~ . 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P I //~ I ~ I u~ ~ ii I i ~~ ~~ I: 09 ~ ~ ~I 1i ~1 ~ ~ .D ~ ~ ~p ~ I II F @z '~ y ~~ I ^~, i l > n ~ 55 a~ v i t' ~ '~ m m m - i ~: ~~~~ ~ r; I ~ I ~-~_ >~ i f ~~ ~~ t~ ~ I I~ ~F-~~ N I~Ij ~ '°~m ~. rn f~ `~a~ \/'~\ f _. ~. ~ J ~Fa I I A $ " I A RPR~~ O P 8pN E Z ,i ° iYn > o n ~O ' ~ j o i I 1 ~ --- j I { I l I it so g f I~ ~ i Am ~na ~ I , ~- ' 3 n3 OF ~ I I . .~ i % li L~ I W~^41 I ~- I N~ I i -r- I I I v I I _ II 27._3'. _ ___~ j I N A A m A n ~ PROJECT: r m^ R p ~ rn m ~ m ~" m YUNG R~5117E1~tG~ o A ~ g~~ R~ e ~ y "4 Cfl 1 m n 0 Oo w a m _ n mn ~ a n o ' z 3 ~ ~' 206'13 RIGS COURT ~ Z Z~~Rg a rn ~ o ~ ~ 0 N ~ N o 0 A S~R~TOG~, G,~ 85010 ~ R ~~s,~~R~~ N n =£g~ °~„ _ p 0 N ©°o~uvg~ $ ° ~ °mo~ 'OZO Z ~, ° ~ ° ~ v • / ~ , ~,_." ms ~ m ~~yS > ~ mz< r ~~ ~?~$ \, oo a` s/; :^ I® '- ~~~ ® Vii`: / ,_ I i^~ ~ ° u 3pmN mu m ~,,n N ~~ I ~zm mil~\ ~ >i / 3 - /~ ~~~ /~~ / -___\ ~\ > m A % @?,p 3% y Orvrv- ~ i~ ~ M°a 1,f \ ~ Po x;11, .~i~ ~~~ ,~ ~ K / ~`_ '~;' 1N i ~ zz 4~$pp~o zy m as O$o m~ I, ~n I ~-~'$-Q~-.__ ~" ~.1~ I / ' ,.-, ~ ~.\` y .fir /', ~ `` ,_- 1 P ° > ~ i > y a ° ~ - z ~ p m a tl ~ ~ i \\, / ~ _ ` 1\ III -~-•- 'jr \`--' \ ~~ ~ ~ r :_.. -t /Iy -[~ u ~ it -\- 66 ~.~^ ---- ~_~ "a 'S Z o "~"~~' ' I ~ ~ ,~ ~ ,, \ ~ .k~ '~ pie _zo `~ I i Y ,/. t A ~ ~,o~ to I •,I ~, ~. 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