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HomeMy WebLinkAbout11-08-2005 Planning Commission PacketCITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, November 08, 2005 - 3:30 p.m. ~ PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee ~~~ SITE VISITS WILL BE ON TUESDAY, NOVEMBERS, Z(1~S ~°} "~- FORTHE FOLLOWING ITEMS' ~• ROLL CALL REPORT OF POSTING AGENDA , j,,,t AGENDA 1. Application #06-002 MEHRA, NARAYAN Item 2 13998,14000 Shadow Oaks Way 2. Application #06-100 BRUCE Item 3 20390 Park Place 3. Application #06-090 CROWN CASTLE Item 4 Highway 9/Big Basin Way 4. Application #06-094 CROWN CASTLE Item 5 20506 Saratoga/Los Gatos Road SITE VISIT COMMITTEE The Site Visit Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties that 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 that may arise. Site visits are generally short (S to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the Public Hearing. • . CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, November 9, 2005 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Jill Hunter, Robert Kundtz, Linda Rodgers, Michael Schallop, Mike Uhl, and Chair Susie Nagpal PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of October 26, 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 tahing action on such items. However, the Planning Commission may instruct staff accordingly regardingOral Communications underPlanning Commission direction to Staf f: ORAL COMMUNICATIONS' PLANNING COMMISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 3, 2005. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested.persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. / 1. APPLICATION #05-123 (397-23-044) - ROSEVEAR, 20283 La Paloma Avenue; -The applicant requests design review approval to construct a new multi-story residence with a maximum height of 25 feet. The total floor area of the new home including the attached garage will be 2,880 square feet. The gross lot size is 7,491 square feet and the site is zoned R-1-10,000. This application was conditionally approved by the Planning Commission at a public hearing on September 28, 2005. This application is again being presented at a public hearing at the applicant's request and according to the Planning Commission's direction because the a~plicant is unable to comply with a specific condition of approval established at the September 28` public hearing. 2. APPLICATION #06=002 (397-34-006, 397-34-007, 397-30-060)13998 and 14000 Shadow Oaks Way, and 13425 Fruitvale Ave. - MEHRA, NARAYAN &t SARATOGA UNION SCHOOL DISTRICT -The applicants request a recommendation of approval of a General Plan Amendment, Rezoning and Lot Line Adjustment. Saratoga Union School District proposes to transfer 9,851 square feet of its property at Redwood Middle School to a residential property at 13998 Shadow Oaks Way, and 6,868 square feet of its property to the neighboring residential property at 14000 Shadow Oaks Way. The portion of school property being transferred to the two residential lots is situated on the opposite (north) side of Wildcat Creek and is not used by the school for any purpose. The two residential property owners would like to add this unused portion of land to their respective lots for maintenance purposes. The parcel owned by the school district is in General Plan designation CFS (Community Facilities) and is zoned R-1-40,000. The two residential lots are in General Plan designation RLD (Residential Low Density) and are in the R-1-20,000 zoning district. All three parcels would remain in the same General Plan and zoning designations. However, a General Plan Amendment is required for approval of this application so that the General Plan and zoning designation boundaries are consistent with the new proposed lot lines of the three parcels. 3. APPLICATION #06-100 (397-22-012) - SARATOGA FEDERATED CHURCH SCHOOL, 20390 Park Place; -The applicant requests modification of plans that required the installation of an automatic gate at the Church parking lot access to SR-9, across from Oak Street. When originally planned, the parking lot was to allow traffic ingress directly from SR-9, and the gate was proposed to mitigate potential cut-through traffic into the neighborhood. However, as designed, traffic flows only in a one-way direction providing egress onto SR-9. 4. APPLICATION #06-090 -Crown Castle, Highway 9/Big Basin Way; -The applicant request approval for a conditional use permit to co-locate an omni antenna and associated cabinet directly on existing telephone poles along Highway 9/Big Basin Way. The proposed height of each antenna will not exceed the height of the existing telephone poles. 5. APPLICATION #06-094 (517-09-044) -Crown Castle, 20506 Saratoga Las Gatos Road; -The applicant requests approval for a conditional use permit to construct an unmanned telecommunications hub within a 691.23 sq. ft. tenant space, which would provide sublease area for up to four carriers, in the CN Zoning District. DIRECTORS ITEM - Remind Commissioners that the meeting on November 23, 2005 is cancelled COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, December 14, 2005 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA Incompliance with theAmericans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerh at (408) 868-1269 or ctclerh@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Elizabeth Runyan, 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 November 3, 2005 at the of fice of the City of Saratoga,13777 FruitvaleAvenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to planning@saratoga.ca.us • • • i DGa~~ MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, October 26, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Nagpal called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl Absent: Commissioner Kundtz Staff: Director John Livingstone, Associate Planner Therese Schmidt and Planning Intern Suzanne Thomas PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of October 12, 2005. • Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Schallop, the Planning Commission minutes of the regular meeting of October 12, 2005, were adopted as submitted. (4-0-1-2; Commissioner Kundtz was absent and Commissioners Schallop and Uhl abstained) ORAL COMMUNICATION Mr. Kai Chan, 19999 Cox Avenue, Saratoga: • Asked when the City is going to fix the railroad tracks that cross Cox Avenue. • Said that he addressed this issue at another meeting a year ago and nothing has been done. Director John Livingstone gave Mr. Chan a business card and asked him to call him for assistance with the appropriate jurisdictional agency. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 20, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of ' D ~ ~ ~ -. the decision, or ten (10) calendar days for a Conditional Use Permit, pursuant to Municipal Code 15.90.050(b). • I ~~% u; ~ i I i V iJ~ w Planning Commission Minutes for October 26, 2005 Page 3 • CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #04-189 (389-46-013 & 013) -SUB-ACUTE, 13425 Sousa Lane: The applicant requests Conditional Use Permit and Design Review approval to place two modular structures (one 1,440 square feet and one 1,200 square feet) on the parcel, construct a trash enclosure and remove trees. The maximum height of the proposed modular is approximately 12 feet. Total site coverage will not exceed 60 percent. The site is zoned R-1-10,000 (THERESE SCHMIDT) Planner Therese Schmidt presented the staff report as follows: • Advised that the applicant is seeking Conditional Use Permit and Design Review Approval to allow for two modular structures, a trash enclosure, removal of accessory structures and removal of a tree. • Described the zoning as R-1-10,000. • Stated that the applicant, Sub-Acute, operates a nursing home and day care facility that requires a Conditional Use Permit. • Stated that Design Review is required for structures more than 1,000 square feet. The modular structures will provide storage for medical records and supplies as well as a conference room. • Reported that this application is exempt from CEQA and meets the zoning setbacks, heights and parking requirements. • Explained that the Arborist has recommended that one Ordinance-sized tree be removed. In addition, the neighbors are asking for the removal of five additional trees. The applicant is willing to remove the five additional trees as a good will measure for his neighbors. • Reported that several concerns have been raised. One concern is an existing pass through in the fence that allowed high school students access to the high school. Some neighbors are requesting the permanent closure of that pass through while others want it to remain open for use. The applicant has closed this pass through and is willing to keep it closed or reopen it per the Planning Commission's decision. • Stated that the existing trash enclosure at the rear of the site will be moved to the front of the parcel. While this is not a normal placement for a trash enclosure, in this case staff supports it in this situation. The applicant is willing to relocate the trash enclosure or leave it where it is depending upon Commission direction. • Informed that the applicant is replacing a rear fence and adding additional landscaping area as a buffer for adjacent residents for a total of 13-feet in width. • Reported that 50 parking spaces are provided on site, with five handicapped spaces and one van accessible space. • Advised that an emergency generator was inadvertently left off the plans. ~ ~ ~ ~ ,~ : Planning Commission Minutes for October 26, 2005 ~ ~" ! Pa e4 9 Explained that the site can accommodate this emergency generator on site without losing any parking. • Suggested that a condition be added to accommodate the necessary emergency generator. • Stated that neighbors have also expressed concern about the density and number of structures allowed on this parcel. • Said that staff is supportive of the relocation of structures to the front of the parcel and/or removing Building E, which would garner six additional parking spaces. • Recommended that the Commission take action to allow the relocation or to require the removal of Building E. • Said that other neighbors were concerned that the project be completed in a timely fashion. • Stated that Conditions 1 through 19 must be implemented within six months of this approval or Building D would lose its temporary occupancy status until all of these conditions have been satisfactorily met. • Reminded that this Conditional Use Permit would supersede any others issued over the last 40 years. Commissioner Hunter commended Planner Therese Schmidt for an outstanding presentation on this project. • Planner Therese Schmidt thanked Commissioner Hunter and described the uses of the buildings as follows: Building A houses the daycare Squiggles and Giggles, Building C i houses the Sub-Acute hospital, Building D is for storage and Building E is the larger building for storage, office and meeting space. Commissioner Cappello asked which five trees are proposed for removal by the neighbors. Planner Therese Schmidt said that the only tree removal required to accommodate this project is a privet tree. The others that neighbors are requesting to have removed are located in the rear and are indicated in the Arborist's report. Commissioner Cappello clarified that the one tree that must be removed is located where Building E would be placed. Commissioner Rodgers told Planner Therese Schmidt that she gave a fabulous report and thanked her for her thoroughness in working with the applicant and neighbors. She asked if the pass through in the fence had been part of a previous Use Permit. Planner Therese Schmidt replied that per her research it had not been a requirement under any Use Permit: Commissioner Uhl asked about having trailers on site prior to issuance of appropriate Use Permit approvals. Schmidt said that the a licant has told her that they have a long history of • Planner Therese pp using modular structures but that she was unable to find any corresponding permits. She ~ I' ~ J ~ ~ ~~ 1(~ ~ ~ ~. Planning Commission Minutes for October 26, 2005 ~~ Page 5 . added that this situation came to the attention of Code Enforcement and the Use Permit process was initiated. She added that Building E would be replacing an existing modular that has been on the site a number of years. Chair Nagpal clarified that this is without benefit of permits. Planner.Therese Schmidt replied correct. Chair Nagpal asked staff if there have been other permanent modular structure approvals outside of temporary use. Director John Livingstone replied yes. A school recently had some put in that matched the existing school buildings. They went through Design Review with the Planning Commission. Commissioner Hunter reminded that a modular house was also approved at one time. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Mr. Michael Zarcone, Project Applicant, Sub-Acute, 13425 Sousa Lane, Saratoga: • Identified himself as the President of Sub-Acute. • Thanked the Commission for its site visit the previous day. • Stated that staff has been extremely helpful. • Admitted that he is "guilty as charged" regarding lack of permits. • Explained that he started leasing the property and later purchased it. Said that the Sub- Acute facility is a 38-bed hospital conducted in Building C. Buildings A and B are where residential care occurs with 25 residents. Another building, consisting of 2,500 square feet is used for office use and supply storage. • Said that the intensive care maximum patient load was reduced from ten to eight. • Stated that Building A houses Squiggles and Giggles, an acute care daycare facility for a maximum of 26 children. • Added that Building B houses a County supported school that serves the developmental and educational needs of the hospital's child residents. • Said that he understands the nearby residents' concerns over the possibility of over- utilization of this property. • Said that modular buildings were brought on site years ago for office and storage uses. Building E, which is 24 feet x 40 feet, would be replaced with a modular that is 24 feet by 60 feet. • Stated that he is not opposed to the relocation of Building E and understands neighbors' concerns. • Said that they are giving up two storage spaces with this application so that the amount of space would basically be the same. • Stated that he was raised in Saratoga and now understands that his neighbors are upset. He said that he was not trying to be difficult. • Reminded that the neighbors do not object to the relocation of the modular to the front of • the property as well as the relocation ° of the trash enclosure also to the front of the property. ~' u~ iri l~r- Planning Commission Minutes for October 26, 2005 Page 6 • Added that he has arranged a change in pick up times from Green Valley. They have also • added rubber wheels to the garbage containers to quiet the noise made when they are rolled around. • Advised that they have also removed some lights from the site. • Said that when he learned of neighbor concern about the pass through he had it closed off. • Assured that he has tried to make as much effort as possible and that he would remove requested trees and add fences as desired by the neighbors. He said that he would be more sensitive to his neighbors in the future. • Stated that these buildings are needed for office and storage space. • Reminded that no Variances are sought. • Said he hopes for approval and thanked the Commission for its consideration. Commissioner Hunter: • Said that as a long-time resident of Saratoga, she had never visited the Sub-Acute facility. • Thanked Mr. Michael Zarcone for the opportunity to see what they are doing there. • Stated that the facility touched her heart. • Asked about how Building D would be lowered. Mr. Michael Zarcone said that they would lower the ground and drop the building into the hole so that it is at ground level instead of raised on a foundation. Commissioner Hunter asked Mr. Michael Zarcone if he has purchased these modular buildings. • Mr. Michael Zarcone said that the modular buildings were originally leased and later were lease to buy. The administration building has been owned outright for a long time now. Commissioner Hunter said that the County Office of Education should be commended as well for its efforts to bring a school on site to serve these children. Chair Nagpal thanked Mr. Michael Zarcone for the tour. She stated her concern over the compliance history of Sub-Acute and asked him what his plan is for maintaining compliance into the future. Mr. Michael Zarcone: • Said that some of his employees are smokers. He plans to create a smoking area near the front sound wall and as far away from nearby residents as possible. • Pointed out that neighbors now have his cell phone and email contact information.- • Reminded that lots of neighborhood concerns were raised recently of which he had previously been unaware. Gommissioner Hunter asked Mr. Michael Zarcone if he has considered holding an open house to allow his neighbors to understand the purpose of this facility. Mr. Michael Zarcone said that he tried to do so in the past but no one came but his mom. He • said he would be willing to try to have such an event for the neighbors again in the future. ; ~ ~ ;~ u ~ Planning Commission Minutes for October 26, 2005 u Page 7 Ms. Teresa Mills, 13365 McCulloch Avenue, Saratoga: • Stated that she is not opposed to the hospital and that she respects and appreciates what they are doing. • Declared that what she opposes is the way they have been operating in this residential neighborhood. -- • Expressed support for the relocation of the trash enclosure. • Explained that trash was being picked up at 6 a.m. three times a week, with the related noise disturbing her household. • Said that in addition, her street's trash was also picked up on a fourth day of the week and also at 6 a.m. • Stated that the relocation of this enclosure further from the homes is the best solution and that she appreciates Sub-Acute's willingness to do so. • Reported that the trees the neighbors want removed have grown over their property lines and homes as well as helping displace a fence. • Pointed out that the proposed landscape barrier would not thrive beneath these overgrown Acacia trees. • Said that she recently spoke to the previous owner of her home who advised her that an additional modular unit was placed on site in March of 2000. He was able to influence the placement of that unit. • Thanked the Commission for the opportunity to address this item. . Ms. Liz Goesseringer, 19489 Dorchester Drive, Saratoga: • Stated her opinion that the City has a gem with this hospital and the Squiggles and Giggles daycare facility. • Said that these facilities are vital to the families served. • Advised that she has a disabled child who goes to Squiggles and Giggles and that she bought her house nearby in order to be close to this facility. • Asked the Commission to please help accommodate their needs. Mr. P.J. Goesseringer, 19489 Dorchester Drive, Saratoga: • Stated that Squiggles and Giggles is a great place that is top notch. The workers are nice and are like a second family. • Informed that his sister has special needs and would have nothing to do without this facility. Squiggles and Giggles offers fun art, parties and games for his sister. Squiggles and Giggles offers great care for special needs kids. Mr. Milton Wheeler, 18284 Montpere Way, Saratoga: • Identified himself as a resident of Saratoga as well as the Administrator for Sub-Acute. • Stated that he would come back at the end of the public hearing to make closing remarks on behalf of the facility. Ms. Mary Scates, 150 Evergreen, Boulder Creek: • Said that she is a teacher at Sub-Acute with a Masters in Special Education. • Said that she has been teaching for 16 years and currently serves students ranging in age from three to 21 years who live at the hospital. 1 ,~1 Planning Commission Minutes for October 26, 2005 ~ `'v ~ '~ I Page 8 • Informed that the County runs the school for students who are too medically fragile to go off site to attend school. • Stated that it is a privilege to work with the students and staff here. Ms. Susan Stevens, 1360 Garvans Drive, San Jose: • Said that she has a 16-year-old daughter, Jacqueline,-who has been served by this facility since 1996. She started with special day care after school but later was no longer able to attend public school. This is the only facility that she can attend now. • Added that this is a special place for those who cannot take care of themselves. • Reminded that necessary medical equipment and supplies need to be kept on site to serve these children. • Said that these modular buildings are necessary in order to give complete care. • Said that what is best for the community as a whole has to be paramount. This facility offers the community amuch-needed service. • Stated that awin-win resolution would be achieved with the relocation of the building. Mr. Peter Commondour, 13338 Carrick Avenue, Saratoga: • Said that he is not against this hospital but that he just wants to peacefully co-exist with it. • Described the recent grand theft at his home due to people using the pass through in the fence to access the area. • Thanked Mr. Michael Zarcone for closing off the fence and said that he wants to be sure that this pass-through stays closed. He does not want to see people coming through. Reiterated that he is not against this hospital or its mission. Ms. Jackie Lee, 18560 Emanuel Court, Saratoga: • Said that her home is located at the end of the Court with 150 feet of her property adjacent to the hospital. • Said that she has lived in this home for 10 years now. • Stated that she has had bad experiences in dealing with this hospital and is looking forward to starting from scratch with the hospital as far as neighborhood cooperation. • Said that she would like to see frequent public hearings such as this one tonight in the future. • .Reported that she spent the last 3.5 years trying to get the shared fence with the hospital replaced. • Said that in 2001, she first contacted Michael Zarcone and Milton Wheeler about fixing the deteriorating fence. Nothing happened. In November 2002, two sections fell and she obtained three repair quotations. They told her that they didn't have the budget to share the cost of the fence. In April 2002, they had workers take fence boards off thus. shortening the height of the fence.- She had to get the Sheriffs Office involved to stop them. She hired an attorney in October 2002. That didn't help. In July 2004, the replacement fence was finally built. Commissioner Hunter asked Ms. Jackie Lee if her home is where the wisteria is and does she like it. i,-V,' L„ iJ dj~.~ J Planning Commission Minutes for October 26, 2005 Page 9 Ms. Jackie Lee said yes and explained that her gardener cuts it back each year. She reiterated her desire to see future correspondence and to see this facility observe the Codes of the City. Commissioner Rodgers said that mediation processes are a good way to maintain good neighbor and community relations. Ms. Jackie Lee agreed. Mr. Roy Dreisback, 18607 Emanuel Court, Saratoga: • Said he supports this facility and has lived on this court for 26 years. • Added that he thought the fence should be maintained without the pass through. • Stated his understanding that the pass through was never required and that he wants to keep the fence at a six-foot height. Dr. Paul Quintana, 5 Palm Avenue, Saratoga: • Advised that his wife serves as a Planning Commissioner for the Town of Los Gatos. • Said that the issue at hand here is the modular buildings that they really need. • Described a recent meeting where they had to take over space normally used by kids in order to accommodate a larger consultation group to evaluate a patient's needs. • Said that he is here this evening in support of allowing these modular buildings on site. • Stressed that they are really needed. Dr. Stuart Slamowitz, 18268 Montpere Way, Saratoga: • Said that he is here to show support for the Sub-Acute hospital. • Said that this is a community-based issue. • Stated the need to provide cost effective round-the-clock treatment of children with cerebral palsy, multiple sclerosis, brain injuries, trauma and other needs. • Informed that Squiggles and Giggles is a novel day care and full time school. • Said that modular units would help in the management of storage and office needs. • Explained that a medical practice today is complex. • Thanked the Commission for its time. • Reminded that Sub-Acute is the first such pediatric facility in California. Mr. Baker Cleveland, 139 Essex Way, San Jose: • Said that he has a few concerns but is supportive of this use. • Stated that his wife works at Squiggles and Giggles. • Said that his heart goes out to Michael Zarcone as he has been going over backwards to meet the neighbor's needs. • Reminded that this is not a profit company. • Advised that this facility helps children enjoy life. • Pointed out that a simple swing to serve a handicapped child costs $2,000. • Said that issues such as fences and tree removal can be something for which the community offers help. • Expressed concern that someone may take retribution against the hospital for closing the pass through in the fence. a---1 ~ ` ~ Planning Commission Minutes for October 26, 2005 ~ `'`' ~ , `~ Page 10 Ms. Carol Walker, 13345 McCulloch, Saratoga: • Said that she and her husband, Don, have resided in the neighborhood for 33 years. • Said that their main concern is the intrusion on their privacy. • Explained that there have been broken trees, garbage and fence impacts. • Said that the hospital itself is not a problem but the abuses on adjacent property is. • Said that the only reason things have begun to happen over the last six months is that the neighbors finally got angry.- • Agreed that there is no reason to re-open the pass through in the fence and that there have been no problems since it has been closed off. Ms. Anne Proctor, 20151 Thompson, Los Gatos: • Said that she is the program director at Squiggles and Giggles. • Reported that as technology improves, equipment needs grow. Storage space is a tremendous issue. • Stated that in order to adequately serve these patients, this requested space is needed. • Said that she hopes this application is approved. Ms. Edith Cruickshank, 18388 Baylor Avenue, Saratoga: • Informed that she moved to Saratoga in order to be close to Squiggles and Giggles. • Said that she has a daughter who needs the services offered by this facility. • Reminded that issues often come up between neighbors and that Michael Zarcone is doing a good job to work with his neighbors. • Suggested that the past history be looked at separately from this request. • Pointed out that usually both neighbors have to ante up for shared items such as fences. Mr. Milton Wheeler, 18284 Montepere Way, Saratoga: • Expressed his appreciation for the site visit yesterday. • Explained that he has taught high school and served as principal for 30 years and loves and appreciates kids. • Said that he has a document with family signatures from Squiggles and Giggles. • Asked supporters in the audience to stand. • Suggested that the Use Permit be granted to allow the movement of the building up front as this building is vital to their needs. • Said that he felt that the Commission can see the need for this type of facility in the community and that they were able to see an overall picture of what occurs on campus, with the hospital, school and daycare. This is a valuable asset for Saratoga. • Thanked the Commission for its consideration. Commissioner Cappello asked Mr. Milton Wheeler about his impressions on neighbor feedback and whether they had been aware of the frustration of the neighbors and whether he had any remedy and/or recommendations. Mr. Milton Wheeler said that communication between the hospital and community is vital. He said that contact information has been made available and assured that he is on campus all _ ~ ~ ~, u t ~t ; ~ I~ Planning Commission Minutes for October 26, 2005 =~ '~.,~ + '-'~'-~ U Page 11 day and will be available to the neighbors. Stressed that communication on both sides has been lacking in the past and he believed that it would improve a lot in the future. Commissioner Cappello said. that communication had not been well received in the past and that sometimes mediation is needed. He asked if change is possible. Mr. Milton Wheeler said he believed so. Commissioner Rodgers pointed out that some free mediation services might be available and should be investigated to help increase communication. She assured that the Commission would attempt to solve as many issues as possible tonight. She asked if this facility is a for- profit ornon-profit facility. Mr. Milton Wheeler replied that it is afor-profit but is not making a profit. Chair Nagpal said that compliance efforts are higher now due to the need for a Use Permit. She said that this represents a special use within a residential community. She expressed support for a condition that promotes on-going interaction with the neighbors. Mr. Milton Wheeler said that perhaps a periodic open house would help. Chair Nagpal said that lots of special uses have on-going communication with surrounding uses. Mr. Milton Wheeler reminded that both sides have contact information now. Planner Therese Schmidt: • Said that two issues require further clarification. • Explained that the generator needs Use Permit approval too. • Added that no requirement for a fence opening to serve as a pass through was found to have been imposed for any previous Use Permits that she researched. • Pointed out that that this Use Permit would supersede any previous Use Permit. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Director John Livingstone reminded that the Municipal Code gives the Planning Commission on-going jurisdiction over Use Permits. The Commission may elect at any time to modify or delete any conditions or add new ones as needed. If neighbors have any issues, the matter could be agendized at a future meeting. Commissioner Hunter questioned the smoking that occurs near neighboring fences as a potential issue. Director John Livingstone said that neighbors would write to the Commission and if it is determined to be a matter that is appropriate for consideration it would be agendized before the Planning Commission. ~ ~--~ ~fi' n ~~ ~ ,~ ~~1 Planning Commission Minutes for October 26, 2005 ~=- ~ I..d ~~~-~ L Page 12 Commissioner Uhl: • Stated that the intent of the Use Permit is to permit the modular structure that was: installed without a permit. • Said that alternately that structure could be removed as enforcement. • Said that it is clear that lots of compromise is needed. • Stated that the neighbors and facility have correspondence regarding significant issues of the past and that these must be prevented from reoccurring. • Expressed his full support for what this hospital is doing. Commissioner Cappello: • Said that he is proud that this facility is located in Saratoga. • Stated that what they are doing is just fabulous. • Advised that with the tour of the facility he realized that the level of care required and provided is heart warming. • Pointed out that being located within a residential area is difficult and he can see where struggles have taken place. • Said that it is important that the hospital take on a much more neighbor-friendly approach: • Said he would like to see quarterly neighborhood meetings. • Expressed concern over the proposed generator location and is unclear exactly where it would be on site and that a clarification of that issue would be great. • Agreed that these buildings are needed and that he supports this project. • Declared that he would like to see this hospital flourish. Planner Therese Schmidt said that the generator would be placed on an asphalt area north of Building B and south of Space #49. This generator is required by the State for emergencies. Commissioner Hunter: • Advised that during her tenure on this Commission projects such as Villa Fatima and St. Andrews School have come before the Commission with neighbor concerns. • Said that this is difficult for neighbors and for the hospital. • Recounted that she has herself negotiated with neighbors over fence replacements. • Said that while she normally stands by trees, in this case she can support the removal of the proposed trees. • Said that she has no objections and would like to say that this is a fantastic facility. • Extended congratulations to all who work there. They can be proud of what they do for this world. Commissioner Schallop expressed his agreement with the previous comments. Commissioner Rodgers: • Said that she has nothing but admiration and respect for this facility and supports it 100 percent. • Reported that she has represented facilities similar to this. • Pointed out that this matter is before the Commission for permits and land use issues. • Said that the pass through in the fence is a real liability issue for the hospital and encouraged them to check into that with their attorneys before reopening that pass through n r~ (~~ ~' LJ t~U~ 1~ i..: Planning Commission Minutes for October 26, 2005 Page 13 since neighbors have already given notice of mischief and/or criminal activities using that pass through. • Stated her support for keeping that opening closed. Commissioner Uhl suggested a change to condition of approval #19. Planner Therese Schmidt said that it could be outright stricken. Commissioner Hunter pointed out that she likes to keep kids off main highways and has mixed feelings about closing the pass through. Said that if the neighbors do not object, she would have no problem with having that opening. Chair Nagpal sought consensus on the issue of the fence. Commissioner Cappello supported leaving it as is. There is an option to reopen it in the future. Commissioner Uhl said that it should remain closed as it promotes crime when open. The finding is required that this project does not impact the health, safety and welfare of the public. That can be assured with the gate remaining closed. Commissioner Schallop asked if the easement issue is before the Commission. Planner Therese Schmidt said that this would be rivatel recorded. P Y Commissioner Schallop supported tying the closure of the pass through into the conditions of approval for this Use Permit. Chair Nagpal stated her preference to keep the pass through closed. Commissioner Rodgers: • Said keeping it closed is also important for the safety of patients and staff of the hospital. • Expressed support for the relocation of Building E to the front of the property. • Suggested closing off the bottom of Building E for safety and prevention of people accessing the under part of the building. • Stated her support for the trash enclosure. Chair Nagpal said that something needs to be added to Condition #2-E regarding the generator and the removal of condition #19. Commissioner Uhl suggested adding a requirement for quarterly correspondence with the surrounding neighbors. Commissioner Rodgers said that the permanent closure of the pass through should also be conditioned. Planning Commission Minutes for October 26, 2005. Page 14 Chair Nagpal said that this condition should include fence maintenance and the closure of the pass through. Director John Livingstone said that the project would be approved per the attached plans, Exhibit A, that shows fences and building placement. Commissioner Rodger suggested taking out Condition #19. Chair Nagpal thanked staff and the applicant for taking the Commission through the site yesterday. Cautioned that she feels the intensity of this use is close to being maxed out on this particular property. Commissioner Rodgers agreed saying that without going to a second story or losing parking the site would now be maxed out. Chair Nagpal said that the Commission appears ready for a motion. Expressed appreciation for the neighbors who have come out this evening and assured that going forward would be for the best. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Uhl, the Planning Commission granted a Conditional Use Permit and Design Review Approval (Application #04-189) to allow the placement of two modular structures (one 1,440 square feet and one 1,200 square feet) on the parcel, construct a trash enclosure and remove trees on property located at 13425 Sousa Lane, for the following amendments: • Adding an approval for the generator to this Use Permit; • Amending Condition #2 adding a new paragraph E regarding the generator and the need to provide four sets of plans to include the generator's location on site; • Amending Condition #19 to read that the opening in the fence shall remain closed and secured with a chain link fence. • Adding Condition #22 that requires the establishment of a mechanism to facilitate work between this facility and its neighbors; by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 2 • U APPLICATION #04-167 (386-44-040) - Cingular Wireless Services, Inc., Cox Avenue at the railroad tracks east of Garnett Court: The applicant requests approval for a Conditional use Permit to construct a small unmanned telecommunications facility. This will consist of the installation of panel antennas on the existing PG&E tower and the installation of indoor ~' ~ ~ 1 !~ ~ Planning Commission Minutes for October 26, 2005 I" ~ - ~ ~J~" '-' ~` Page 15 communications equipment cabinets inside a new ground-level shelter that will be approximately 12 feet by 20 feet. (CONTINUED FROM MEETING .ON SEPTEMBER 28, 2005) (SUZANNE THOMAS) Planning Intern Suzanne Thomas presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow a small unmanned telecommunications facility on property located on Cox Avenue adjacent to the railroad tracks. • Described the facility as consisting of six panel antennas and one GPS system on an existing PG&E tower. • Stated that an equipment cabinet would be installed. • Said that this would be a co-location site with the existing Nextel antennas. • Reminded that this item was before the Commission at its meeting of September 28, 2005, at which time the Commission asked for additional information and continued this item. • Said that issues such as similar antennas at Congress Springs and a coverage gap were raised. • Said that coverage maps have been provided. • Explained that Cingular uses numerous firms to contract new locations and providing one overall plan is considered proprietary. • Said that numerous letters from neighbors have been received but that there are no unaddressed comments. • Said that this installation would be visually unobtrusive and not injurious to the community. • Reported that the applicant is present tonight together with technical staff. Chair Nagpal opened the Public Hearing for Agenda Item No. 2. Ms. Marsha Converse, Veloc.Tel, Inc., Applicant's Representative, 4160 Hacienda Drive, Pleasanton: • Stated that Cingular agrees to the City's policies. • Reminded that this item was continued from September 28th because she was unable to satisfactorily answer the Commissions' questions on radio frequently coverage. • Said that she has brought with her this evening two RF (Radio Frequency) experts: • Assured that their RF levels are within FCC guidelines. • Added that she is also accompanied by an EMF (Emissions Frequency) expert as well. • Stated that all four of them are available for questions. • Asked the Commission to support this co-location. Commissioner Rodgers questioned the half-mile versus two-mile coverage range. While she understands the range is typically two miles, this installation offers only half-mile coverage range. Commissioner Uhl asked why other antennas provide more coverage than this one including another proposed for installation in Saratoga. Mr. Alvin Avunkiv, RF Engineer: j I I ~r~ '_~ _. Planning Commission Minutes for October 26, 2005 t:1 ` '' Page 16 • Clarified that they are proposing just one site. The second site depicted on the coverage plan has been withdrawn. Commissioner Uhl asked why they are so close together. Mr. Alvin Avunkiv said that the placement depends upon the height and propagation of antenna. Chair Nagpal asked what generates a larger radius of coverage. Mr. Alvin Avunkiv replied that it is how high you place the antennas. In a more open area, the signal goes further that it does in a more cluttered area. Chair Nagpal asked if this is real time data based upon dropped calls. Mr. Alvin Avunkiv said that signal strength is applied to a mathematical tool. Commissioner Cappello asked about the Congress Springs site and what is needed in order to increase coverage from there. Mr. Alvin Avunkiv replied that the height would have to be increased to between 100 and 120 feet. Commissioner Uhl asked if that had been considered. Mr. Alvin Avunkiv replied no. Commissioner Uhl asked why not. Ms. Marsha Converse said that it might be due to height limitations. She assured that whenever feasible they increase heights on existing locations as a preference to establishing a new location. Chair Nagpal asked if existing sites are evaluated prior to searching for new ones. Ms. Marsha Converse replied yes. Chair Nagpal asked if Cingular evaluated increasing at Congress Springs. Ms. Marsha Converse said that they are given a search range. Said that there is a pretty substantial coverage deficiency and she is not sure that Congress Springs could provide the needed coverage. • Commissioner Cappello asked if it is reasonable to assume that Cingular evaluated and found the increase at Congress Springs not to be feasible. Mr. Alvin Avunkiv reported that new sites cost much more than expanding existing sites. ice; !~`<~ ~ll ~, i Planning Commission Minutes for October 26, 2005 '-~ ~~~ ''~-~ ~' `- Page 17 Commissioner Cappello asked if any of the four representatives could outright answer this question. Mr. Sam McGowan, RF Engineer, Cingular: • Said that here are other reasons they don't want to raise towers. • Said that these installations are designed to mitigate interference with itself. They have to keep the towers lower so that they don't get too far. Commissioner Uhl said that even with the revised proposal it does not look like Cingular has a far-reaching long-range plan. He cautioned that this community has a sensitivity to towers. Commissioner Schallop asked if Commissioner Uhl has a particular question. Commissioner Uhl stated that this design is probably good and sounds like a good solution. Mr. Kai Chan, 19999 Cox Avenue, Saratoga: • Said that his house is closest to this tower. • Pointed out that Nextel is already here since 2002. • Said that screening trees were planted at that time but have not grown. The landscaping there now is ugly. • Stated that now a second company is coming with more antennas more than 60 feet from • the ground. Nextel is at 75 feet. • Expressed concern on health impacts although he understands. that Director John Livingstone has advised him that health issues relating to antenna installations are not under City jurisdiction. • Said that he has asked the City whether any further antennas are planned for this area in the future, saying that he might have to move away from the area. • Asked about landscaping proposed and questioned what might happen if equipment were to overheat in this unmanned facility. • Questioned if more radiation would be emitted when this equipment gets older. • Asked who monitors safety. • Reiterated his health impact concerns. Chair Nagpal asked if a maintenance agreement is part of this approval. Director John .Livingstone said that staff has actually been increasing landscaping requirements with such installations based upon past problems. Reiterated that the FCC has the exclusive jurisdiction over emissions standards and cities cannot make findings regarding health effects. Chair Nagpal pointed out that an RF exposure report has been provided. Ms. Marsha Converse: • Reported that the EMF Expert, Bill Hammit, who is a registered professional engineer prepared this report. He looked at both existing and proposed facilities. The exposure t;} Ii1,I ~~ ~ ~i I { ~' ~'' '~f. 'a 1f Planning Commission Minutes for October 26, 2005 ~'~` '~ ' ~ ~-` L Page 18 level is 1.7 percent, which is just under 1 percent per carrier. There is no question that this is a compliance level. Reminded that Congress pre-empted local jurisdictions on emissions. Chair Nagpal closed the Public Hearing for Agenda Item No. 2. Commissioner Cappello: • Expressed appreciation for the applicant coming back, saying he knows it is not easy. • Stated that this Commission has the obligation to the community since cell service is widely used and owes its residents seamless coverage. This serves the community. • Said that he is now convinced that this site is necessary to fill the existing gap in coverage. • Cautioned that for future applications he will be more careful in scrutinizing sites since most innocuous sites have now been used up. New applications will be closer to residential uses and he wants to be sure that other sites are not possible before placing close to residential uses. He wants to understand why any proposed site is absolutely necessary: • Said that he can understand that proprietary reasons existing for carriers to not share their long-term plans. • Stated his support. Commissioner Uhl said that this design is very well done including its proposed landscaping. He expressed support with the comments made by Commissioner Cappello that each site must have supportable reasons. Commissioner Hunter expressed appreciation for use of native plants in the landscaping. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Cappello, the Planning Commission approved a Conditional Use Permit (Application #04-167) to allow the construction of a small unmanned telecommunications facility that consists of the installation of panel antennas on the existing PG&E tower and the installation of indoor communications equipment cabinets inside a new ground-level shelter on property located at Cox Avenue at the railroad tracks, east of Garnett Court, by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 3 APPLICATION #06-007 (397-10-030) - KLAYKO, 15175 Via Colinas The applicant requests Design Review Approval to construct aone-story single-family residence on a vacant lot. The total floor area of the proposed one-story residence, including an • attached second dwelling unit, is 6,012 square feet. A 5,947 square foot basement is proposed including the dwelling unit. The maximum height of the proposed residence is Planning Commission Minutes for October 26, 2005 '-' ~~ =-~~ ~-f ~ Page 19 23.5 feet. The gross lot size is 1.12 acres and the site is zoned R-1-40,000. (CHRISTY OOSTERHOUS) Director John Livingstone presented the staff report as follows: • Stated that the applicant is seeking Design Review Approval to construct a new one-story single-family residence on a vacant lot with a basement and second dwelling unit for a total floor area ratio of approximately 6,000 square feet. • Said that the maximum height would be 23.5 feet. • Described proposed materials as a slate roof, beige cement plaster and stone veneer. • Reported that no tree removal permit is included and that the Arborist has proposed the removal of Trees #3 and #4. • Informed that the applicant is proposing a significant landscaping plan. • Said that neighbor comments were received regarding concerns about trees, construction impacts and mailboxes. Most issues have been addressed. • Said that necessary findings can be made in the affirmative and recommended approval. Commissioner Rodgers pointed out and questioned the number of fireplaces depicted on Sheet 4 of the plans including one in the master bedroom, bedroom 2, office, living room, family room and outside on a porch for a total of seven. Director John Livingstone explained that there is no maximum number of allowable gas burning fireplaces. The only restriction is one wood-burning fireplace per residence. Commissioner Rodgers said that she does not see chimneys on the roof. Chair Nagpal opened the Public Hearing for Agenda Item No. 3. IVIr. Dave, Project Builder: • Said that there are quite a few fireplaces but that they are gas appliances that have direct vents and are very clean and very small. They are mostly decorative. • Explained that this house would be heated through a hydronically-heated floor system. • -Said that only one chimney is used to support the one wood-burning fireplace that would be on the outdoor porch. Mr. Chris Spaulding, Project Architect: • Said that the client is the one who wanted only gas fireplaces inside the home. Commissioner Hunter asked if there is any solar component to this new house. Mr. Dave explained that they are using a highly efficient boiler system to heat the entire house. The house itself would be highly insulated. He added that the extensive tree shading does not allow solar to be used on this house. Chair Nagpal closed the Public Hearing for Agenda Item No. 3. • Planning Commission Minutes for October 26, 2005 ~ `~~' ~W~, ~' Page 20 Commissioner Hunter said that this is a spectacular piece. of property and a very nice house. She said she has no objection. Commissioner Rodgers agreed and said she is glad that this is a single-story house that is sensitive to the neighbors. Suggested that the wood fireplace designation on the plans be swapped to more accurately reflect its proposed placement on the exterior porch rather than indoors as currently labeled on the plans. Commissioner Cappello said he appreciates two design features in particular. One is the L- shaped house to help preserve a tree, which he feels is commendable. The second is the use of a subterranean basement. Stated that he likes this design and supports it. Chair Nagpal agreed that this is a spectacular site and a great house design. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Rodgers, the Planning Commission granted .Design Review Approval (Application #06-007) to construct aone-story single-family residence on a vacant lot located at 15175 Via Colina, with the clarification on the plans on the placement of the only wood-burning fireplace to be located on the porch, by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM NO.4 APPLICATION #05-122 (510-06-006) SPITTS, 19330 Saratoga-Los Gatos Road: The applicant requests Tentative Parcel Map approval to subdivide a 140,394 square foot lot (3.223 acres) with an existing residence into two separate building sites with a remainder lot. The existing residence would be retained on Parcel 1. Parcel 2 would include a new building site. Parcel 1 is 52,272 square-feet (1.200 acres) and Parcel 2 is 57,630 square feet (1.323 acres). The property is zoned R-1-40,000. (CHRISTY OOSTERHOUS) Director John Livingstone presented the staff report as follows: • Stated that the applicant is seeking approval of a Tentative Parcel Map to subdivide a parcel into two parcels with a remainder lot. • Said that the second parcel would include a new building site. The remainder lot would be a conservation site. The existing single-family residence on Parcel 1 would be retained. • Described the property as consisting of three acres. Each parcel would be approximately one acre. • Explained that a majority of this property is -zoned R-1-40,000 and the site is accessed from Saratoga-Los Gatos Road. • • Reported that the applicant held neighborhood meetings and subsequently substantially revised their plans. ~ ~ J ;~~, Planning Commission Minutes for October 26, 2005 ~ ~~ ~-~~-~ ~' Page 21 • Said that this new lot would be a true flag lot with access from Highway 9. • Said that the Arborist's report stated that three Oaks would be required to be removed with the new driveway and new residence. The Arborist felt that these trees could be removed and established replacement values. • Recommended approval and advised that the applicant is present. Chair Nagpal asked staff to confirm that the remainder parcel would be a part of Parcel #2 and could never be sold separately or developed. Director John Livingstone replied correct. Commissioner Rodgers asked if Council took action at its last meeting to annex the portion of the parcel that is located in County jurisdiction. Director John Livingstone explained that annexation is a two-part process. One is initiation and the other is completion. The initiation process was done and this annexation will go back to Council for completion. He reminded that just a sliver of this property is in County jurisdiction. Commissioner Rodgers asked if this annexation must be completed before the Commission can take any action this evening. Director John Livingstone explained that the annexation process must be completed prior to completion of the Final Map recordation. Commissioner Uhl asked about shared easements for the driveway. Director John Livingstone explained that there is no shared easement for the driveway. There are two different driveways. Each parcel will independently include its own driveway. There are no easements. Commissioner Hunter pointed out that the driveway's meandering shape was design to help keep the huge Monterey Pines safe. Chair Nagpal opened the Public Hearing for Agenda Item No. 4. Ms. Jolie Houston, Attorney Representative for Applicant: • Said that everyone has worked hard on this proposal. • Thanked staff for all of their help and said that a good design has been developed for this property. • Stated that the project Engineer and Arborist are here tonight. • Reiterated that the rear parcel is a true flag lot with its own access. The remainder lot is restricted through a covenant and cannot be-built upon with any structures of any kind. The remainder parcel is restricted to Parcel 2. • Said that a row of Sycamore trees and trail will be preserved as a result of this remainder lot. ~~C~C~~ Planning Commission Minutes for October 26, 2005 Page 22 • Said that this is a really good opportunity and that this project as proposed with a remainder lot will help to shield view of the new house on Lot 2 from its neighbors. • Suggested a change to Condition #5 adding language that `the Final Map shall have recorded on Parcel 1 and Parcel 2 a requirement that the garage on Parcel 1 shall be demolished and rebuilt prior to construction of a house on Lot 2." • This Condition would allow the Final Map to be recorded and either lot sold while ensuring that the required garage conditions are still met. It gives some flexibility to the owners on timing of any sale of parcels while ensuring that the City's conditions are met. Chair Nagpal said that if the garage stays on Lot 1 the lot would not be in conformance to requirements. She added that the City is not asking that this garage be removed and rebuilt in order to obtain the Tentative Parcel Map but only prior to recordation of the Final Map. Attorney Jolie Houston said that they need a recorded Final Map in order to sell either parcel. Chair Nagpal said that when the road/driveway goes in the garage must come out. Attorney Jolie Houston agreed that the garage must be demolished and rebuilt prior to the road going in. Director John Livingstone said that staffs main concern is enforcement that becomes more difficult when two different owners own the properties. Staff feels that the cleanest way to handle this requirement for the garage is to do it prior to Final Map. Attorney Jolie Houston: • Said that notes with these requirements would be included on the Final Map and would be properly disclosed to any new buyer(s). • Added that this gives more flexibility on how this property can be sold and developed. • Assured that nothing would be done on Parcel 2 until the garage on Parcel 1 is demolished and rebuilt. Mr. Bob Sandy, 19400 Saratoga-Los Gatos Road, Saratoga: • Explained that his home is one house over from this property. • Stated that this subdivision of property does not make sense, particularly the 1,000 foot long driveway to the back parcel. • Said that the initial proposal was for a bridge over the creek, which made more sense. • Stated that Saratoga-Los Gatos .Road is dangerous. • Disagreed with the position stated in the project file that there is no reason to complain about access from Saratoga-Los Gatos Road. Mr. Don Lucas, 19370 Saratoga-Los Gatos Road, Saratoga: • Said that his property is contiguous to this property. • Questioned the proposed length of the driveway to serve the rear parcel. • Said that he has resided for 30 years on the parcel on the right side of this project site. • Stated his belief that this property has been considered anon-conforming parcel for years and did not meet requirements for subdivision over the last 30 years. i, .. ` J Planning Commission Minutes for October 26, 2005 U ~~ ts-l ~ ~ ~ Page 23 • Added that since the recent change of Directors, it has been determined by staff that this subdivision does conform to subdivision requirements by removing the back portion of the property and establishing it as a riparian corridor. • Said that he objects to the placement of the driveway and suggested that it be relocated to the other side of the property. • Said he does not believe the Arborist's evaluation that the driveway on this property would not adversely impact the trees on his property. • Said that there is no reason why the driveway could not be relocated to the other side of this property. • Added that moving the driveway would make the need to rebuild the garage mote. • Suggested a continuance to allow him time to secure an Arborist of his own. Mr. Henry Wu, 19290 Saratoga-Los Gatos Road, Saratoga: • Said that his home is one house over and he purchased it 16 years ago. • Explained that when he was searching for a property he was looking for a place that had large lots, big trees and fewer neighbors to ensure more privacy. When he found his property, it was ideal. • Stated his desire to preserve the neighborhood as it is. Pointed out that the Spitts no longer live in this neighborhood and the only reason to split their parcel is to increase its value. • Suggested that the property be sold as it is and the Spitts can still make a lot of money. • Objected to this proposal. Mr. Bob Sandy said that the Bainter bridge plan should come back to the Commission. Ms. Sally Lucas, 19370 Saratoga-Los Gatos Road, Saratoga: • ,Said that she is an adjacent property owner to the west. • Said .that the Oaks proposed for removal are located in the direction in which their master bedroom looks out. • Advised that she and her husband are very concerned about the continued health of their trees. • Informed that they have spent between $8,000 and $10,000 each year in the care of their trees and are concerned that the roadway over their tree roots would kill them. Mr. Don. Lucas said that he agreed with Mr. Sandy's support of a bridge over Bainter Creek to access the new proposed rear parcel on this lot. Attorney Jolie Houston: • Said that the Project Civil Engineer could best explain why the road location was chosen. • Stated that more cut and fill would be required as well as use of retaining walls if the driveway were to be located on the other side of this property. • Said that the Arborist report was provided to Mr. Lucas and he was represented by an attorney at the neighborhood meetings. • Assured that the change in Planning Director has not impacted how this proposal was _ reviewed. • Added that the project was also reviewed by the City Attorney. ~~ ~ ~1~ i~ Planning Commission Minutes for October 26, 2005 Page 24 • Pointed out that any new house would require Design Review Approval with public hearing. • Said that the project meets the R-1-40,000 zoning requirements. • Said that the Project Arborist is here and can reiterate his finding that the road would not impact the Lucas' trees. The removal of the Oak trees would not impact the Lucas' house and views. Commissioner Cappello said that it might be helpful for the applicant to offer the same information as was provided during the site visit on the safety of the driveway and approach leading off the property as well as the proposed material for the driveway. Attorney Jolie Houston advised that the access to Saratoga-Los Gatos Road from this property has been deemed to be safe as per expert analysis. Commissioner Rodgers thanked the applicants for not using a bridge over Bainter Creek. She asked how designating the rear of this property as a Riparian corridor allows them to build on a lot that was previously unbuildable. Attorney Jolie Houston said that this remainder lot would be unbuildable. It cannot be sold separately and as thus is excluded from the calculations required to subdivide the property. Commissioner Rodgers said she still cannot understand why that is the case. Attorney Jolie Houston said that if the parcel was split- into just two lots, it would not comply with subdivision requirements, which require specific minimum lot width measurements. Chair Nagpal clarified that without the remainder lot this property would not be subdividable because it is too long. The length of the lot has to be cut in order to have a depth and width that can be subdivided. Code allows the creation of a remainder lot. This practice is valid within the Subdivision Map Act. Commissioner Rodgers asked whether the frontage along Bainter Road is not sufficient to access the rear lot. Ms. Jitka Cymbal, Project Civil Engineer: • Explained that if this property were to be developed into just two parcels, the average width of the rear parcel would be too narrow to meet minimum requirements. The property narrows and is extremely deep. • Assured that there have been no recent changes to local Ordinances or State law regarding subdivision. Chair Nagpal said that it appears that this concept was simply not previously evaluated. Commissioner Uhl said it seems like they are trying to go around existing Code. Director John Livingstone said that he did a lot of research and evaluated this proposal with the City Attorney. He said that it is a valid means of the Subdivision Code and changes the n j ~'~ ~ ~ ! i Planning Commission Minutes for October 26, 2005 ~ ~~ !1~1 Page 25 depth, which alters the width of the lots. Without the remainder lot, it would not be possible to create two buildable lots on this property. Chair Nagpal explained that it is too difficult if the lot is too deep. Commissioner Uhl asked for further explanation on.the width versus depth of a lot. Commissioner Cappello asked for further input on the safety of access from Saratoga-Los Gatos Road for the new lot. Ms. Jitka Cymbal: • Stated that access from Saratoga-Los Gatos Road was evaluated by experts who determined it to be safe. • Added that there are no visibility issues to turn -right from the site onto Saratoga-Los Gatos Road. No left turns can occur from the driveway due to an existing median. Commissioner Hunter asked if any correspondence had been received from the neighbors on the other side. Ms. Jitka Cymbal said not to her knowledge. She said that these neighbors were present at the neighborhood meeting. Attorney Jolie Houston reported that a second neighborhood meeting was held with notice being sent on August 4th. The first meeting had been held in July. Commissioner Hunter asked if a driveway on the other side of this property had been considered. Ms. Jitka Cymbal: • Reported that they had evaluated the possibility of placing the driveway on the other side but there were several issues. One is the existence of large trees that would be impacted. Additionally, the next door neighbor has a structure within 10 feet of this property line that includes a 10 foot slope drop toward that structure from this parcel. A retaining wall would be required to protect that structure. More cut and fill would be required. It was found not to be possible. Commissioner Hunter asked for further assurances about the impacts of the driveway on the pine trees on the Lucas property. Mr. Dave Dockter, Project Arborist: • Said that they had explored several access options. • Stated that the first option was access from the north side. This can be done safety away from the Redwood trees so that no cuts into roots would occur. Additionally, a predominate section of this roadway is in now. They are proposing no cut and instead will build up to leave existing roots uncut. Very little area is compacted. They are proposing the use of a geo grid that offers a soft footprint that offers a good stiff and thin sandwich layer for the driveway. ~~I~ U ~~ Planning Commission Minutes for October 26, 2005 1.J L! Page 26 • Added that with access from the south side of the property a lot of cut and fill would be required as well as retaining walls and removal of Oak trees. • Assured that he can offer a good comfort level that they would be staying away from the neighbor's tree roots and that there are lots of conditions of approval to assure that. • Added that the City's Arborist also peer-reviewed his report and recommendations. • Reiterated that they will have a pretty solid soft footprint to the back lot with a minimum of grading. Commissioner Uhl asked about the potential of bridge access from Bainter Road. He asked if the project could not be developed without the riparian corridor and whether access is possible from Bainter. Attorney Jolie Houston: • Clarified that this property does indeed have legal access to Bainter Road. • Explained that there was neighbor opposition to access from Bainter via a bridge at which time her clients changed their plans. • Reported that staff supported not having access from Bainter. • Pointed out that no construction would occur in the conservation easement. This remainder lot can neither be built upon nor sold separated from Parcel 2. However, an access road could be put on it. • Reiterated that this lot has legal access to Bainter. Ms. Julie Lomas, 19405 Bainter Road, Saratoga: • Said that this is more complicated than it has to be. • Reported that she attended the meeting at which time the possible use of a bridge for access was discussed. Mr. May Liao, 19310 Saratoga-Los Gatos Road, Saratoga: • Said he is the adjacent neighbor to project site. • Said that he opposes this subdivision because it generates one more neighbor and less privacy. Mr. Steve Spitts, Property Owner and Applicant, 19330 Saratoga-Los Gatos Road, Saratoga: • Advised that he had corresponded with 26 families. • Stated that allies and adversaries appear to come and go. • Said that actually the optimal use of land would be through the use of bridge access from Bainter Road but they altered their plans to accommodate neighbor concerns. • Assured that they have done the best they could to accommodate the largest number of neighbors while meeting the practices and policies of the City of Saratoga. • Pointed out that this is a complicated and arduous process. • Said that he lived on this property for 13 years and regrets that some of his neighbors do not agree with his plan. • Said he is hoping for approval. Chair Nagpal closed the Public Hearing for Agenda Item No. 4. {t ~ ~~ `~ Plannin ommi sion Minutes f r t r I' ~ ~ ~'~ g C s o Oc obe 26, 2005 Page 27 Commissioner Uhl said he still has questions as to how the Riparian Corridor makes this property viable for subdivision. Director John Livingstone: • Pointed out that this is a three-acre parcel in an R-1-40,000 zoning district. • Stated that one acre per parcel is what is required in order to subdivide in this zoning district. • Explained that the Code has minimum width and depth requirements for parcels. • Advised that the portion of this property located toward the creek narrows quite a bit and the width at the back gets too narrow to create a buildable lot. • Said that three acres offer a large area with which to work. By losing the narrow portion of the lot through the creation of this proposed remainder lot, the back property line for Parcel 2 is now located at a wider portion of the property that meets minimums standards. There must be a certain width at the midpoint. Commissioner Schallop pointed out that this subdivision still meets zoning requirements. Commissioner Cappello: • Assured that there is nothing backdoor or sneaky going on here. • Said that this subdivision meets requirements. • Pointed out that experts have determined that there would be no impacts to trees and no safety concerns regarding site access. • Said that there is no cut required into the ground and therefore no impacts on tree roots. • Said that this subdivision creates lots that meet the requirements of the R-1-40,000 zoning and therefore these lots fit into this neighborhood. • Stated that there are no grounds for denial. Commissioner Schallop agreed that the necessary findings can be made to support the Resolution for this subdivision. Commissioner Rodgers: • Agreed with the previous comments. • Pointed out that the additional conservation area will serve the community by helping to preserve the rural aspect. • Said that this project has created a second lot that offers a good building lot. This would be a nice place upon which to build. • Stated that this subdivision will benefit both the community and this landowner. • Expressed agreement that the nine points can be made in the affirmative. • Asked whether the requirement for the soft footprint for the road is called out for in the Conditions of Approval. Director John Livingstone replied that this condition is outlined in the Arborist Report. Attorney Jolie Houston said it was item 19. U U~ l~j l~ Planning Commission Minutes for October 26, 2005 Page 28 Commissioner Schallop said that regarding the applicant's proposed modification to the Conditions, he actually supports staff's recommendation. He added that the neighbors seem to prefer access to this site from Saratoga-Los Gatos Road. Commissioner Hunter said that lots of correspondence has been received. Said that this is spectacular property along Bainter. Said she reluctantly supports this application. Chair Nagpal: • Assured that the concept of a remainder parcel is not a new one at all. • Said that with athree-acre parcel in an R-1-40,000 zoning district, two buildable parcels are very appropriated. Use of a remainder parcel allows them to do that. • Said that the issue of trees has been addressed. • Said that the Bainter Road access had been considered and the neighborhood in general wants access to be from Saratoga-Los Gatos Road. • Said that she can see why the applicant wants the requirement for the garage demolition and reconstruction to be in effect following the Final Map but it is hard to enforce. Therefore, she too supports staff's recommendation that this action occur prior to recordation of the Final Map while the property still has just one owner. Commissioner Rodgers said that this is a creative proposal. While the neighbors were under the impression that this property could not be legally subdivided, it was actually always possible to divide it but no one figured out exactly how until now. Commissioner Uhl said that while he is not comfortable he sees no reason to deny this proposal relative to the required findings. He said he would support this project although it makes him uncomfortable. Motion: Upon motion of Chair Nagpal, seconded by Commissioner Schallop, the Planning Commission approved a Tentative Parcel Map (Application #05- 122) to subdivide a 140,394 square foot lot (3.223 acres) with an existing residence into two separate building sites with a remainder lot on property located at 19330 Saratoga-Los Gatos Road, by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 5 APPLICATION #05-179 (386-26-070 & 071) -CITY OF SARATOGA, 19848 Prospect Road: The applicant requests a Tentative Subdivision Map, General Plan Amendment from a Quasi Public Facility to Medium Density Residential, General Plan Conformity , Determination for Property Disposal and Mitigated Negative Declaration, to demolish the ~, : rn `'~ r-~ ~ lra, ~ Planning Commission Minutes for October 26, 2005 L ~ Page 29 existing church facility and replace it with nine single family residential lots. (JOHN • LIVINGSTONE) Director John Livingstone presented the staff report as follows: • Advised that the City of Saratoga is the applicant in this request. • Said that the applicant seeks approval of a Tentative Subdivision Map to allow the subdivision of the former Grace Lutheran Church into nine singe-family residential parcels ranging in size between 10,000 and 17,000 square feet in a new cul de sac. • Explained that once the entitlements for a subdivision are finalized, this property would be sold to a developer. • Stated that this evening's consideration takes three parts. First is the adoption of a Mitigated Negative Declaration. Second is the General Plan Amendment and Determination of Conformity with the General Plan. Third is the Tentative Subdivision Map. • Informed that these would be large lots that meet minimum requirements. An island at the center of the cul de sac bulk helps preserve existing trees. • Said that this proposal meets required findings and recommended that the Commission forward a recommendation to Council for approval. • -Said that several meetings were held including meetings with neighbors, a Study Session on site with the Planning Commission up to this evening's Public Hearing. Commissioner Rodgers pointed out that her copy of the Initial Study is missing pages. • Director John Livingstone apologized and said that problems must have occurred with the copy machine. Commissioner Rodgers asked about the concept of dividing this parcel in to 10 lots, nine with homes and one common lot. She said she would like to see this done. Commissioner Hunter said she does not think that there is any problem with that concept and that small, contained parks exist in other parts of the City. Chair Nagpal opened the Public Hearing for Agenda Item No. 5. Mr. Bill Ford: • Said that his property is contiguous to the southwest corner of this property. • Said he submitted a letter on August 24~'. • Stated that his first concern is that the elevation of the church property and how it would impact surrounding properties as far as when houses are built here. Director John Livingstone said that this issue has been thought about quite a bit. He added that staff felt it is best to wait for a specific developer to deal with each parcel on a case-by- case basis. The applicant could decide on all one-story or two-story structures. This is a detail item to be dealt with at Design Review rather than at Subdivision. Mr. Bill Ford: `: f o f ~~ L` ~~ ~ ~ ~~ Pa e30 Planning Commission Minutes for October 26, 2005 g • Said that he would lose three large trees located along the property line, Trees #35, #37 • and #39. • Added that there is also a substantial hedge of English Laurel and three Camphor trees that are not Ordinance protected. • Asked that the protection of this landscaping be conditioned in order to leave a buffer there. • Announced that the White Socks won. Mr. John Mallory, 12258 Kirkdale, Saratoga: • Said that he is representing the group, Citizens to Create the North Saratoga Community Center. • Advised that he is also a former Councilmember who appreciates seeing young representatives on the Planning Commission. • Said that he does not think that comments raised by opponents have been responded to adequately including comments on the Mitigated Negative Declaration. • Said that one concern is why the Grace Church property was not considered in the total community planning and needs. • Said that the selling off of this property will have a significant impact on recreation. • Questioned how staff can say that there is no negative impact on recreation when there is a shortage of recreational facilities in the community. • Expressed concern about rezoning this last major property from public use to residential. • Said that an assessment of long-range community needs is needed before selling off the last large parcel. • • Recommended the establishment of a citizen committee. • Thanked the Commission for its consideration and its service to the community. Chair Nagpal closed the Public Hearing for Agenda Item No. 5. Commissioner Hunter asked about a lack of response to community comments. Director John Livingstone: • Said that Council made the decision to sell this property and that question is not before the Commission. • Added that the Commission would have to feel that there is an environmental impact to deny support of the Mitigated Negative Declaration. Commissioner Hunter said that the loss of trees represents an environmental impact. Director John Livingstone said that the limited number of trees proposed for removal .does not reflect a significant environmental impact. The total number of trees on site is 13. The removal of any trees would be mitigated with replacement trees. Commissioner Hunter asked if Trees #35, #37 and #39 could be preserved. Director John Livingstone said that this issue is not necessary as part of the Tentative , Subdivision. Tree removal can be considered with specific Design Review proposals. ..~ r.i ill `~ `ll u~~ G,1 ~ Planning Commission Minutes for October 26, 2005 Page 31 Commissioner Uhl said that Trees #35, #37 and #39 are ranked as poor and are guarantee to be removed. He added that in order to be pro-active, it makes sense to start planning for replacement trees now. Commissioner Hunter pointed out that many of these trees are in poor shape due to the cutting that has occurred to keep them off the wires. Commissioner Cappello supported the concept of considering trees when specific Design Review applications come before the Commission because at that time it would be known where replacement trees need to be placed. Director John Livingstone said that the City Arborist attended one. meeting. Some trees are in poor condition due to topping. They would be replaced with better species in better locations. There will ultimately be a better tree cover and buffer at those locations. Commissioner Uhl said that the adjacent neighbors might want to take efforts on their own lots to plant screening landscaping. Commissioner Rodgers pointed out that the Arborist was most concerned about the trees on proposed Lot 8 as they are the most important trees on this property. Commissioner Hunter said that she is concerned about the Negative Declaration declaring no impacts when there could be impacts down the road. Chair Nagpal reminded that what has been prepared is a Mitigated Negative Declaration with mitigations proposed. She pointed out that every project has some sort of impact. Commissioner Cappello pointed out that extensive reviews of this material have occurred. There have been meetings at the site with neighbor input. The Arborist walked through the property. Chair Nagpal reminded that the decision to subdivide was made by Council. The Commission is reviewing a proposed Tentative Subdivision. Director John Livingstone advised that Council is the body that approves the Final Map. Chair Nagpal asked if the three actions could be taken under one motion. Director John Livingstone said that separate motions would be appropriate. Commissioner Hunter said that this subdivision makes her sad. She said that it is a big decision to sell off property and she did so as Vice Chair of a School Board Subcommittee that subdivided two school sites in 1976. Chair Nagpal reminded that this Commission is not making that decision. r, p l ~ ~ ~ Planning Commission Minutes for October 26, 2005 ~~ ' '' ~ ` Page 32 Commissioner Rodgers: • Reiterated that this decision has already been made by Council. • Stated that the Planning Commission's decision here is on land use. • Said that she would like to see more of a sense of neighborhood with this subdivision and that she would like to see one park lot incorporated into this map. Commissioner Hunter said that she appreciates the concerns and thoughts about that. Motion: Upon motion of Chair Nagpal, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to CounciF for the adoption of a Mitigated Negative Declaration for the Tentative Subdivision Map proposed for property located at 19848 Prospect Road, by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council for the approval of a General Plan Amendment from a Quasi Public Facility to Medium Density Residential and for a General Plan Conformity Determination for Property Disposal as proposed for property located at 19848 Prospect Road, by the following roll call vote:. AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None Motion: Upon motion of Commissioner Schallop, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council recommending the approval of a Tentative Subdivision Map to create nine single-family residential lots on property located at 19848 Prospect Road, by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Kundtz ABSTAIN: None *** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS • ~ L r-1 ~ fli 1 Planning Commission Minutes for October 26, 2005 ~` ~ ~ ' Page 33 Commissioner Hunter advised that she attended Village Revitalization meetings. Chair Nagpal stated that the joint session with Council was a good meeting. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Uhl, seconded by Commissioner Cappello, Chair Nagpal adjourned the meeting at 11:15 p.m. to the next Regular Planning Commission meeting of November 9, 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: Type of Application: Owner/Applicant: Staff Planner: Meeting Date: I APN: 05-123; 20283 La Paloma Avenue Design Review Rosevear Lata Vasudevan AICP, Associate Planner ~'` November 9, 2005 397-23-044 Department Head:}-~y • L,..\ \\\ J, ~ 00.R~l.WY ~ ` ~ . ~ 1 ~% / ~ ~ 6ViATOpA.lV ; ./Y `~ - ,~- '" ~,.. ~. ..:. _ - ~• ~~~~~~„. L ~ i ~ ~ ~~:. ~• ~ ~ '~~- v ~_ u,.~ , i--- _r i v _, Poo.A: _ ~ \ , \ %< ~: f ~\ ~, ... a, uva u~w' ~,~~.. A _ ~:` - l li ! t ; 20283 La Paloma ~~ CAq, Properties w ithin 500 ft. • 20283 La Paloma _` '~~'~ i ~ ;~ • > ^~ .. r Application No. OS-123; 20283 La Paloma CASE HISTORY: Application filed: 04/05/05 Application complete: 08/03/05 Notice published: 09/14/05 Mailing completed: 09/08/05 Posting completed: 09/16/05 Public Hearing: 09/28/05 PROJECT DESCRIPTION: On September 28, 2005, Planning Commission approved with conditions the applicant's request for design review approval to demolish an existing single story home and a detached garage structure and construct a new 2,880 square foot two-story home at 20283 La Paloma Avenue. At the September 28`h hearing, the Planning Commission adopted Resolution No. 05-040, which approved this application with a condition (condition #S) that the applicant and neighbor at 20295 La Paloma come to an agreement with regard to the windows and type of glazing at the proposed second floor left (west) side of the facade. During the hearing, the Commission stated that if an agreement is not reached, then the matter regarding the second floor windows can be reviewed again by the Planning Commission. Unfortunately, several attempts to reach an agreement have been futile. Therefore, the applicant has requested that this issue be presented at this hearing so that the Planning Commission can make a firm decision regarding the design of these second floor windows. Since the overall design of the home has been approved by the Planning Commission at the September 28`h public hearing, Staff is attaching to this report only the drawings pertaining to the second floor windows, rather than the entire plan set. The drawings provided by the applicant show several options for the second floor window design for consideration. The neighbor has submitted another letter of concern that is attached to this report. Staff recommends that the Planning Commission approve the window design as originally proposed. STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, which amends Resolution No. OS-040, thereby approving the design of the second floor windows as originally proposed. ATTACHMENTS: 1. Resolution (amending Resolution No. OS-040) 2. Resolution No. 05-040 3. Letter from neighbor at 20295 La Paloma Ave. Application No. OS-123; 20283 La Paloma 4. Affidavit of mailing notices, public hearing notice, and mailing list for project notification 5. Reduced Sheets showing various second floor (west facade) window design options. • • i~ • Attachment 1 • • APPROVAL OF RESOLUTION NO. Application No. 05-123 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Rosevear; 20283 La Paloma Resolution Amending Planning Commission Resolution No. OS-040 WHEREAS, the Ciry of Saratoga Planning Commission has received an application for Design Review to demolish the existing single story home and the detached garage structure and construct a new 2,880 square foot two-story home at 20283 La Paloma Avenue. The maximum height of the structure will be 25 feet; and WHEREAS, on September 28, 2005, the Planning Commission adopted Resolution No. OS-040, which conditionally approved said application after 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 applicant is unable to fulfill the requirement stated in condition of approval #5 of Resolution No. 05-040, which requires that the applicant and neighbor at 20295 La Paloma Ave. reach an agreement regarding the proposed second Iloor windows on the west facade. Therefore, the matter has been presented to the Planning Commission at a public hearing on November 9, 2005 to adopt a formal decision regarding the final design of these second Iloor windows; and WHEREAS, the project consisting of construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 and the City's Residential Design Handbook have been determined: (a) Avoid unreasonable interference with views and privacy. The primary view is across La Paloma Avenue, towards the southwest direction. The proposed home would not obscure this view from other properties. The project vicinity has a mixture of one and two-story residences that are situated close together compared with other areas in Saratoga. The proposed new home would not create an unreasonable interference with privacy in that the proposed windows are not in close proximity with windows on homes in adjacent parcels. (b) Preserve Natural Landscape. The property is in a developed area with existing homes situated in relatively small lots. such that there is not much remaining of the I P Application No. OS-123; 20283 La Paloma natural landscape. The front portion. of the site already slopes down to the street such that there would only be a gradual change between the street level and the garage. The two Oaks at the rear of the property are in good condition and have a high suitability for preservation. These two trees are expected to remain in good condition since the applicant will be required to comply with all City Arborist recommendations. (c) Preserve Native and Heritage Trees. There are no heritage trees in proximity of this project. Both of the native Oak -trees -are expected to survive if the recommendations stated in the City Arborist Report of June 6, 2005 are followed. (d) Minimize perception of excessive bulk. The proposed home is in an English style with sweeping roof lines. The charming style of the home combined with the `terracing' of each level of the home provide significant visual interest, thereby diminishing any perception of bulk (e) Compatible bulk and height. The project vicinity is a mixture of one and two- story residences. The proposed home has been designed in a manner that minimizes the appearance of its height. The height of the proposed home does not exceed the maximum height allowed in the are and the zoning district. (f) Current grading and erosion control methods The proposal is required to conform to the City's current grading and erosion control methods so as to prevent impacts on neighboring properties. (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 avoiding unreasonable interference with privacy and views and minimising bulk as detailed in the findings above and the staff report. 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, this Resolution shall amend in entirety Resolution No. OS-040, hereby granting Design Review Approval of application 05-123 subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" incorporated by reference. 2. Four sets of complete construction plans incorporating this Resolution and the Arborist Report, dated June 6, 2005 shall be included on the plans submitted to the Building Division for permit plan check review. Application No. OS-123; 20283 La Paloma 3. Front yard landscaping and replacement trees shall be installed prior to final occupancy inspection. 4. The Sweet Gumtree at the front of the property shall be retained. 5. Any changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. No downgrading in the exterior appearance of the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 6. 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 " 7. 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. If water can not be maintained on site, an explanatory note shall be included on the plans. 8. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 9. 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 at all times. In the event that the balance is less than $500, all staff work on the project shall cease until the balance is restored to a minimum of $500. CITY ARBORIST 10. All recommendations contained in the Ciry Arborist Report dated June 6, 2005 shall be followed. 11. 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 City Permits. 12. Prior to issuance of Ciry Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $27,300 to guarantee the maintenance and preservation of trees. 13. 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 Application No. OS-123; 20283 La Paloma trees (if applicable), a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. PUBLIC WORKS 13. An Encroachment Permit shall be issued for any improvements in the right-of-way prior to commencement of construction. FIRE DEPARTMENT 14. The applicant shall comply with all Fire Department conditions. CITY ATTORNEY 15. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must commence within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga • City Code, this Resolution shall become effective fifteen days from the date of adoption • Application No. OS-123; 20283 La Paloma PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 9th day of November 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 wilting, 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 • 8 • Attachment 2 • • APPROVAL OF RESOLUTION N0.05-040 Application No. 05-123 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Rosevear; 20283 La Paloma WHEREAS, the Ciry of Saratoga Planning Commission has received an application for Design Review to demolish the existing single story home and the detached garage structure and construct a new 2,880 square foot two-story home at 20283 La Paloma Avenue. The maximum height of the structure will be 25 feet; 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 consisting of construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences; and • WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 and the City's Residential Design Handbook have been determined: (a) Avoid unreasonable interference with views and privacy. The primary view is across La Paloma Avenue, towards the southwest direction. The proposed home would not obscure this view from other properties. The project vicinity has a mixture of one and two-story residences that are situated close together compared with other areas in Saratoga. The proposed new home would not create an unreasonable interference with privacy in that the proposed windows are not in close proximity with windows on homes in adjacent parcels. (b) Preserve Natural Landscape. The property is in a developed area with existing homes situated in relatively small lots such that there is not much remaining of the natural landscape. The front portion of the site already slopes down to the street such that there would only be a gradual change between the street level and the garage. The two Oaks at the rear of the property are in good condition and have a high suitability for preservation. These two trees are expected to remain in good condition since the applicant will be required to comply with all City Arborist recommendations. (c) Preserve Native and Heritage Trees: There are no heritage trees in proximity of • this project. Both of the native Oak trees are expected to survive if the recommendations stated in the City Arborist Report of June 6, 2005 are followed. ~~ • • (d) Minimize perception ofexcessive bulk. The proposed home is in an English style • with sweeping roof lines. The charming style of the home combined with the `terracing' of each level of the home provide significant visual interest, thereby diminishing any perception of bulk (e) Compatible bulk and height. The project vicinity is a mixture of one and two- story residences. The proposed home has been designed in a manner that minim~es the appearance of its height. The height of the proposed home does not exceed the maximum height allowed in the are and the zoning district. (f) Current grading and erosion control methods. The proposal is required to conform to the City's current grading and erosion control methods so as to prevent impacts on neighboring properties. (g) Design policies and techniques. The proposed project conforms to all of the applicable design poliiies and techniques in the Residential Design Handbook in terms of avoiding unreasonable interference with privacy and views and minimizing bulk as detailed in the findings above and the staff report. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and • other exhibits submitted in connection with this matter, application number OS-123 for Design Review Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" incorporated by reference. 2. Four sets of complete construction plans incorporating this Resolution and the Arborist Report, dated June 6, 2005 shall be included on the plans submitted to the Building Division for permit plan check review. 3. Front yard landscaping shall be installed prior to final occupancy inspection. 4. The Sweet Gumtree at the front of the property shall be retained. 5. The applicant and the property owners of 20295 La Paloma shall be in agreement with regard to the windows and type of glazing on the second floor left (west) side facade. 6. Any changes to the approved plans must be submitted in writing with a clouded set of plans highlighting -the changes. No downgrading in the exterior appearance of ~~ • • the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 7. 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." 8. 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. If water can not be maintained on site, an explanatory note shall be included on the plans. 9. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 10. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a m;nimum $500 surplus balance at all times. In the event -that the balance is less than $500, all staff work on the project shall cease until the balance is restored to a m;n;mum of $500. CITY ARBORIST 11. All recommendations contained in the Ciry Arborist Report dated June 6, 2005 shall be followed. 12. 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 City Permits. 13. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $27,300 to guarantee the maintenance and preservation of trees. 14. 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 (if applicable), a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. PUBLIC WORKS 13. An Encroachment Permit shall be issued-for any improvements in the right-of-way prior to commencement of construction. /Z • • FIRE DEPARTMENT 14. The a licant shall com 1 with all Fire De artment conditions. PP P Y P CITY ATTORNEY 15. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of Ciry in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must commence within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen days from the date of adoption • • /3 • • • PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 28th day of September by the following roll call vote: AYES: Chair Nagpal, Cappello, Hunter, Kundtz, Rodgers, Schallop, Uhl NOES: None ABSENT: None ABSTAIN: None Chair, Planning Commission ATTEST: ecretary, Pl g 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 3 • • /S s • KEN & BARBARA BOND 20295 La Paloma Avenue Saratoga, CA 95070 (408) 741-8511 November 1, 2005 • City of Sazatoga Planning Commission c/o Community Development Department 13777 Fruitvale Avenue Sazatoga, CA 95070 Re: Proposed Project: 20283 La Paloma Avenue Requested Design Review Approval Applicant: Bryan and Katrina Rosevear Application Number: 05-123 ' Hearing Date: November 9, 2005 Dear Planning Commissioners: :~ ~~~D Np~ ~ ~ c~rYO 1 Z~~~ ///; "ARq rO~A We reside at 20295 La Paloma Avenue, and wish to again submit our written opposition to design review approval of the Roseveazs' proposed project located at 20283 La Paloma Avenue (the "project"). Background When we last appeazed before you on September 28, 2005, the Rosevears' project was conditionally approved subject to a number of requirements. One of these requirements was the Rosevears' reaching an agreement with us regarding the placement, size, and obscuring of their upstairs windows facing into our bedroom. During the meeting, we were able to reach initial agreement with the Rosevears to i) use the original size window but glaze or otherwise obscure the bottom 2/3 of the windows facing our property; and ii) execute a written agreement between ourselves and the Rosevears as to the duration the obscured glass would be kept in place, and the circumstances under which it could be removed. Because it is difficult to enforce the retention of glazed windows once a project has been finalized, our only requirement for withdrawing our objections to the proposal was that any agreement by the Roseveazs to obscure the windows must be in writing. This is because windows can easily be changed, and a written agreement would provide our only means to ensure that the windows would not be replaced. We felt that this was a reasonable compromise Page 1 /~ on our part, given the fact that the Roseveazs would be able to retain the original size and placement of the windows. Following the meeting, the Rosevears changed their minds and refused to enter into a written agreement altogether. This was disappointing as we wanted to reach an agreement that would retain our privacy as well as allow the Rosevears to go forward with their project. Subsequent efforts failed to bring about a final agreement that was acceptable to both parties, although we did attempt to reach a resolution. As a result, the Rosevears have once again brought this matter before you for a decision regarding the design of their proposed project, including the size and placement of their upstairs windows. This letter addresses our ongoing concerns, which are that (i) our privacy be considered in the approval of the project; and (ii) the Commission consider the size and bulk of future projects on nonconforming lots generally. We ask the Commission to apply the privacy guidelines set forth in the City of Sazatoga's "Residential Design Handbook", as well as consider privacy guidelines applied by surrounding communities in making a determination as to the size and placement of the Rosevears' upstairs windows. We also ask that, in the future, the Commission consider bulk, size, and "transitional neighborhood" guidelines applied to development on small lots by surrounding communities. These considerations can be instructive because neighboring communities have considered the issue of smaller lot size and neighborhood preservation in depth, which is not generally applicable to Saratoga given the overall rural nature and large lot sizes in most Saratoga neighborhoods. • Priva An area of key concern for us has been the issue of privacy. As you know, the project calls for large side windows that directly face into our bedroom. These side windows are a secondary source of light and view for the Rosevears -their primary view, ventilation, and light will come from double French doors leading out to decks from both of the upstairs bedrooms. In contrast, our bedroom window facing the Roseveazs' property is our primary source of light and ventilation, and faces straight ahead. While we appreciate the Roseveazs' desire for windows on the side of their home, we question the need for the excessive size of the proposed windows. Policy #3 of the City of Sazatoga's Residential Design Handbook is "Avoid Interference With Privacy". The City's policy with regazd to privacy is as follows: "Residential privacy is a key ingredient in the quality of life in Sazatoga. Privacy problems and impacts should be resolved and addressed in the initial design state, not with mitigation measures proposed as an afterthought. Particular attention should be given to privacy concerns on substandard, small and infill lots". Relevant privacy guidelines of the City o£ Saratoga are to (i) control view to adjacent properties - minimize second-story windows facing neighboring properties and use structural features to limit view angles to long rather than short distance view; and (ii) Locate buildings to minimize privacy impact -locate structure to increase visual distance between buildings and increase setbacks for living areas that require more privacy. Page 2 / Policy #4 includes design guidelines to maximize view but avoid conflict with privacy - Do not sacrifice neighbor's privacy by insisting on the complete view; avoid designs that interfere with privacy. The illustrations of these guidelines are attached. The following design guidelines from the City of Palo Alto may provide additional guidance, and we request that the Commission note them: . Use smaller upperJloor windows and/or selective glazing at privacy sensitive locations. Windows may still remain operable, particularly for ventilation for bathrooms and egress for bedrooms. When necessary to achieve greater privacy, re-orient the direction of windows or decks or adjust window size or sill height. As we discussed at the September 28, 2005 Planning Commission meeting, we remain concerned that the Rosevears will be able to "swap out" any glazed or obscured glass which might be approved in the project plans. For this reason, we would request that any recommended plans make use of smaller windows. Smaller windows would allow for light and ventilation, while reducing privacy issues. On this point, the City of Los Altos design guidelines comment: Second floor side yard windows should be no larger than UBC minimum nor more than the number required for egress or light and ventilation requirements. In prior discussions with City staff, it was acknowledged that the Rosevears' plans do not require either of the windows facing our home -the French doors provide for required egress as well as light and ventilation. Of course, it is desirable to have windows facing the street to preserve the architectural integrity of their plan. As a result, we would recommend that the Planning Commission consider these guidelines, and require that the project make use of smaller window sizes such as options "E" or "C" as presented at the September 28, 2005 meeting. Alternatively, instead of having the three casement windows, as originally presented, reduce the width to one casement window, either of-the original height or with a higher sill, set near the outer corner of each room. The Rosevears should also be directed. to screen the windows with tall vegetation, such as Potocarpus. Bulk Considerations and Zoning Regulations While a great deal of attention has been focused on the issue of privacy, we. still continue to have some concerns about the project's bulk and size. We appreciate that the Commission has already reviewed the project for bulk considerations, and while we do not necessarily agree that the project is appropriate for our neighborhood, we respectfully honor your findings. Our concern at this time is for future projects which will be brought before the Commission, seeking to build out small lots to the maximum extent permitted. While change is inevitable, we believe that the overall character of our neighborhood is in transition, and will be greatly diminished if there is not additional guidance and supplemental restrictions Page 3 /v placed on the development of small, nonconforming lots in the Saratoga Village neighborhood. Some policies of other cities addressing this concern are included below: City of Los Altos Transitional character neighborhoods are those that are in the process of changing their character and identity. Major changes include two-story additions in a one-story neighborhood, large homes in a neighborhood of small homes, and many upgraded homes in a neighborhood of older, smaller designs. In a transitional character neighborhood, a .good neighbor design reduces the abrupt changes that result from juxtaposing radically different designs or sizes of structures; proposed projects should not set the extreme and should be designed to soften the transition. Town of Los Gatos The town has identified a trend towards the development of two story houses and second story additions in the Los Gatos residential community. One of the unique traits of Los Gatos is the variety of house sizes, shapes and designs, especially in the R-1 and R-1; D zones. While there are many creative second-story designs, the town is concerned that property owners and developers are restricting their design alternatives to only second story. A continuation of this trend could jeopardize the character of our neighborhoods. To maintain a proportionate distribution of single story and two story housing stock in Los Gatos, property owners and designers are encouraged to strongly consider single story designs as viable development alternatives. If a second story design is chosen the applicant shall be required to explain why a single story design does not work It is clear from the Commission's comments at the September 28th meeting that great value is placed on historic buildings and traditional architecture, including those on La Paloma. Three Commissioners specifically mentioned how much they like the La Paloma area and its mix of charming older homes, many of which were built in the 1920's. What we all love about our neighborhood and the Saratoga Village will eventually be whittled away if these considerations around small lots are not addressed. We do not wish to prolong the discussion about small lots and large homes in the present context, which would be better suited to a discussion about modifications to existing regulations to take into consideration that "one size fits almost all" zoning regulations impact smaller lots more intensely than larger lots, as shown in the chart below. • Page 4 / • 50% Chart 1 m 40% .. 0 J y.. 0 30% N e0 a 20% 10% ~ ~ ~--rr i 5, 000 • • 1u,000 15,000 20,000 25,000. 30,000 35,000 40,000 Lot Size Perhaps a separate zoning district for lots less than 8,000 square feet in Saratoga could be crafted to address these neighborhood issues, and some guidance proposed on limitations to second- story structures for nonconforming lots. However we do wish to point out that the proposed project will be almost twice as big as both houses on either side, and we wonder whether this scale is in keeping with the character of La Paloma Avenue. Thank you again for your time and consideration of this issue. 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COUNTY OF SANTA CLARA ) I, ~-d1A I/~SkD~t ~av/ ,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 ~at Planning Commission on the ~ day of ~G~9-~-~J~.J 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. Signed U 3~ • 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 9tb day of November 2005, at 7:00 p.m. The public hearing will be held in the Civic Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details of the project described below will be available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT LOCATION: 20283 La Paloma Avenue APPLICATION NO: 05-123 APN: 397-23-044 APPLICANT/PROPERTY OWNER: Rosevear DESCRIPTION: The applicant requests design review approval to construct a new multi- story residence with a maximum height of 25 feet. The total floor area of the new home including the attached garage will be 2,880 square feet. The gross lot size is 7,491 square feet and the site is zoned R-1-10,000. This application was conditionally approved by the Planning Commission at a public hearing on September 28, 2005. This application is again being presented at a public hearing at the applicant's request and according to the Planning Commission's direction because the applicant is unable to comply with a specific condition of approval established at the September 28`h public hearing. 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, November 1, 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. 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I~ 0 0 0 0 0 0 ~~~ ti~ ti ti ~ Op000000~- O In Ln l17 Ln lf~ to ~ N O O O O O O O D a a a a a a a U U U U U U U O U ~_ aaaaaaa~ p C~ C7 C~ C7 C~ C9 z c~000000~ wf--HF-F-t-~w waaaaaaa m cn cn cn cn cn cn v~ M ~ Ln CO f~ 00 M M M M M M I_HF_-HI_H Z Z Z Z Z Z ~ > > > ~ ~ °~aaaaaa aaaaaa ~ c~ c~ c~ c~ c~ c~ ~ 0000000 ~~~~~~~a W (n (n (n to fn fn J m l1) In l(7 In In Ln (~ O M M M M M M N 1~ tt ~ ~ ~ d' ~ 1~ 00 r r ~- r r r r W W H F- a a w ~ Z Q J J m wa w F- a° ~ m U W~~ a a z~zaz~Jz zzw~wQ=~ WpJJYmaln J~C7~w~OZ w?°w~~o~m wmwa~aOw ~a~~-mz~cn 00 O O ~ N M~ In ~ ~ N N N N N N 0 0 0 0 0 0 0 0 M M M M M M M M ~ ti ~ ~ ~ ti ~ ti 0 0 0 0 0 0 0 0 M M M M M M M M • • r~ • Attachment 5 3~ /' U '~ tN L t6 N LJL W z W Q Q C G 0 J Q N ', Q N J 0 C L s N Z t O L t O U 1~ ~ ((~ ~ O L U ~ `i N L N -N v N J C~ G O L J..1 O N ca v • • 3 °~ Regarding Application #05-123 20283 La Paloma Avenue Applicants: Bryan 8~ Katrina Rosevear 408-741-5905 The pictures that follow are photos taken from the future location of the window in the master bedroom of the proposed project through out the day to help illustrate what could been seen if the windows were allowed per current plans. • Photo taken approximately 9:15 AM. Note that no detail is visible inside room and reflections on windows obscure view. These windows are 75 feet away: • 1 of 3 ~~ Photo taken approximately 1:00 PM. Note that no detail is visible inside room and reflections on windows obscure view. • • Photo Taken Approximately 6:00 PM. Note that no detail is visible inside room and reflections obscure view. 2of3 ~~ ~• i • Photo taken approximately 8:30 PM. Some detail is visible inside room. However, when a room is lit from the inside at night you cannot see well outside because the light • reflects off the inside of the glass. Therefore, the residents really lose nothing by lowering their blinds because there is no view outside with the lights on inside the room. If the lights are off inside the room there will be nothing to see from the proposed window locations because of the darkness. This same view can easily be attained NOW by someone inside the Kardach home (located at the corner of La Paloma and Lutheria) with binoculars. The left window has fans at the bottom which the Bond's use for ventilation. Note that the blind above the fans is lowered just enough so fans can still function and thus give the Bond's the ventilation they claim they will lose if they close their blinds. • 3of3 ~~ • • Q z O_ O z O Q J W W ~_ N L Z O ~~ a N U N ~3 r~ ~J • m z O_ O z O QI J W W _~ L Z 0 ~~ a U N ~~ 3 O c 3 m c c 3 m O m R L- V O c 3 u ~~O ~ ~- ~ ' ~' ~ ~~ ~ o a~ o-~N > > o 0 E ~cc '~ L o 3 3 I ~IIIII~I IIIII~ 'I III li ~ I~,,~~,, ~ ~Ili~l~ .'::I.;:'..; i.: .~ , $~~ ..y .~ ;:Y ~Ifl • r~ L U z O O z O Q w w N Z O II a U N • ~~ • • • 0 z O_ O z O Q J W W ~_ N Z O ~~ a U N ~~ w z O_ O z O Q w w N O -\~ II U ~~ r~ ~_~ • O J J Q _Z ~_ ~/ Z ~'. QII J W W ~_ N L O ~~ R U N ~ ~~ i I • • • Item 2 • • • REPORT TO THE PLANNING COMMISSION Application No./Loc. Type of Application: Property Owners: Planner: Meeting Date: APN: 06-002/13998 and 14000 Shadow Oaks Way, and 13425 Fruitvale Avenue General Plan Amendment and Rezoning in Conjunction with a Lot Line Adjustment - Mehra, Narayan and Saratoga Union School District Lata Vasudevan, AICP,~~ Associate Planner November 9, 2005 397-34-006, 397-34-007 &t 397-30-060 Department Head: ~ ~~ '. .~ _ , ~ ~, .\ _ \ ~ ~-_.~„ l _..... J._.._-. ' ~' r _ t _ ..._ .,•' ` - ~ C - 397-30.060 i '`. ~ -' -- ~B-397-34007 _.=~~"'"~.-~ -= -- ~ A - 397-34006 -'_.. ~ ~--y ~,._ ~~ Parce6 w ithin 500 feet ~~~--'`"` { i ~ ~~ ~__, ., ._\ ' .J ,i- ~~ r ~ ~~ ~ r -- t `~~ ~ A ~` ----- _ -y ~: ~ - ~~~~ ~. ~, ~~ ~; t~ ~~ I .,_ , ~~ ~~~ ~ ' / '~ . __ -- .,..,! ., ,~..M _ ~ J.. ~I ~f - _ - i ._.. ~ - r ~ ;- ~ ,: _.- ~ ...-1 ~ 9 ; 150 3 459= 666--7¢4it -'~ ~ i '_.._ .._. / 1 _ ._s , ....._.._._.._ I r~~ ~ ~~...__-1_._-_. I I / w.l .. ~__._.__-\ ! ~ ~ I I ~ w~>oM c. ' ...~iw, ICI 13998 and 14,000 Shadow Oaks Way, = and 13425 Fruitvale Avenue Application No. 06-OOZ;13998and14000 Shadow Oaks Way,13425FruitvaleAve. EXECUTIVE SUMMARY CASE HISTORY: Application filed: 07/05/05 Application complete: 10/18/05 Notice published: 10/26/05 Mailing completed: 10/20/05 Posting completed: 10/28/05 PROJECT DESCRIPTION: The applicants request a recommendation of approval of a General Plan Amendment, Rezoning and Lot Line Adjustment. Saratoga Union School District proposes to transfer 9,851 square feet of its property at Redwood Middle School to a residential property at 13998 Shadow Oaks Way, and 6,868 square feet of its property to the neighboring residential property at 14000 Shadow Oaks Way. The portion of school property being transferred to the two residential lots is situated at the southwest side of the school site. This portion of property is traversed by Wildcat Creek, and is not used by the school for any purpose. The two residential property owners would like to add this unused portion of land to their respective lots for maintenance purposes. The parcel owned by the school district is in General Plan designation CFS (Community Facilities) and is zoned R-1-40,000. The two residential lots are in General Plan designation RLD (Residential Low Density) and are in the R-1-20,000 zoning district. All three parcels would remain in the same General Plan and zoning designations. However, a General Plan Amendment and Rezoning are required for approval of this application so that the General Plan and zoning designation boundaries are consistent with the new proposed lot lines of the three parcels. Once the General Plan Amendment and Rezoning have been approved, Staff will approve the Lot Line adjustment administratively. STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the General Plan Amendment and Rezoning application to the City Council by adopting the attached Resolutions. • • Application No. 06-002,•13998and14000 Shadow Oaks Way,13425FiuitvaleAve. STAFF ANALYSIS GENERAL PLAN AMENDMENT AND REZONING: EXISTING ZONING: R-1- 40,000 PROPOSED ZONING: R-1- 20,000 EXISTING GENERAL PLAN DESIGNATION: CFS (Community Facilities) PROPOSED GENERAL PLAN DESIGNATION: RLD (Residential Low Density) MEASURE G: Not applicable. PARCEL SIZE: 16,719 square feet (southwestern portion of parcel 397-30-060 at 13425 Fruitvale Ave.) SLOPE: 10.05 % average site slope GRADING REQUIRED: N/A • J Application No. 06-DO2,• 13998 and 14000 Shadow Oaks Way, 13425 Fruitvale Ave. PROJECT DISCUSSION Back ound: • The Saratoga Union School District owns parcel 397-30-060, which is the site of Redwood Middle School. 16,719 square feet of this 17.81 acre parcel is located on the northwest side of Wildcat Creek abutting 13998 and 14000 Shadow Oaks Way. As further described in the attached letter, the school district has agreed to transfer this piece of property because it is separated from the remainder of the school site by Wildcat Creek and therefore is not used by the school for any purpose. Maintenance of this portion of land has been a topic of concern among the property owners of 13998 and 14000 Shadow Oaks Way and the School District. The proposed lot line will be immediately adjacent to the northern creek bank, and the actual creek would remain on the school property. A pathway running adjacent to the western property line of 14000 Shadow Oaks Way connects to Redwood Middle School from Shadow Oaks Way and will not be disturbed by the proposed lot line adjustment. Also, there are no trails on this piece of property that would be impacted by this proposal. Wildcat Creek is within the jurisdiction of the Santa Clara Valley Water District [SCVWD]. The School District has already contacted SCVWD regarding the impending transfer of the subject portion of land. A letter from the School District and a response letter from SCVWD are attached for reference, which describes their easements that are adjacent to the subject portion of land. SCVWD has not indicated interest in purchasing the subject portion of land. However, SCVWD has indicated a possible interest in obtaining an easement on the subject property. A final determination on a requested easement is forthcoming form the SCVWD. Nevertheless, Staff has added a condition of approval in the attached resolutions requiring compliance with SCVWD's request for an easement. Also important to note is that anyone proposing to do any type of work within SO feet of a watercourse under the jurisdiction of the SCVWD is required to obtain a permit from the agency. As an example, the applicants would require a permit from the SCVWD if they wanted to install a fence. General Plan Conformance: The following General Plan Policy is applicable to the proposed redesignation: Land Use Element Policy 4.2: "Non-residential development shall be confined to sites presently designated on the General Plan for non- residential uses. Existing non-residential zoning shall not be expanded nor new non-residential zoning districts added" The land uses of the three properties would remain the same and would not be impacted as a result of the proposed lot line adjustment. The redesignation of the subject portion of land will slightly reduce the area of the non-residentially designated school property that the school does not use for any purpose. The lot line adjustment is a sensible proposal where the new lot line will follow the geographical boundary created by Wildcat Creek. 3 Application No. 06-002;13998and 14000 Shadow Oaks Way, 1342SFrzritvaleAve. • Zoning Regulations: The portion of the site affected by this rezoning is currently zoned R-1-40,000 (Very Low Density Residential) while the two single- family residential properties are zoned R-1-20,000 (Low Density Residential). The proposed General Plan Amendment and- Rezoning would allow the subject parcels to develop under one single land use designation and corresponding zoning designation. Environmental- Analysis: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b) (3) because there is no possibility of an impact on the environment in that the project would not result in a significant amount of increased development potential for the parcels in question. Neighbor Correspondence: No negative comments have been received regarding this project as of the writing of this report. STAFF RECOMMENDATION Staff recommends the Planning Commission: 1. Adopt the Resolution (Attachment 1) recommending City Council approval of the General Plan Amendment 2. Adopt the Resolution (Attachment 2) recommending City Council approval of the . Rezoning. ATTACHMENTS 1. Resolution Recommending Approval of General Plan Amendment 2. Resolution Recommending Approval of Rezoning 3. Letter from the Saratoga Union School District to SCVWD, and response letter from SCVWD 4. Letter from School District describing reasons for sale of property S. Affidavit of Mailing Notices, Public Hearing Notice, Mailing list for project notification. 6. Reduced Plans, Exhibit A • • Attachment 1 • r~ U s Application No. 06-002,•13998and 14000 Shadow Oaks Way, 13425FruitvaleAve. RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SARATOGA AMEND THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND USE DESIGNATION OF A PORTION OF ASSESSOR PARCEL NUMBER 397- 30-060 FROM COMMUNITY FACILITIES [CFS] TO LOW DENSITY RESIDENTIAL [RLD] WHEREAS, an application was made to the City of Saratoga under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for a Lot Line Adjustment to modify the lot lines between three parcels (APN 397-34-006, 397-34-007 and 397-30-060), all as more particularly set forth in File No. 06-002 of this City; and, WHEREAS, an application was made to the City of Saratoga for an amendment of the General Plan Land Use Map to redesignate approximately 16,719 square feet in the southwest portion of parcel APN 397-30-060 (as modified by the aforementioned Lot Line Adjustment) from Community Facilities to Low Density Residential to conform with the existing single family residential designation of the two parcels (APN 397-34-006 and 007) described in Exhibit A of City of Saratoga application 06-002; and, • WHEREAS, the Planning Commission has conducted a duly noticed hearing at . which time all interested parties were given full opportunity to be heard and to present evidence; and, WHEREAS, the Planning Commission finds that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b) (3) because there is no possibility of an impact on the environment in that the project would not result in significant development on any one of the three parcels; and WHEREAS, the Planning Commission has determined that the General Plan Land Use Map needs to reflect and be consistent with the Low Density Residential land use designation of the neighborhood along Shadow Oaks Way; and, WHEREAS, the Planning Commission finds that the proposed General Plan amendment is consistent with land use goals and policies of the General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council amend the City of Saratoga General Plan Land Use Map by changing the land use designation of 16,719 square feet in the southwest portion of parcel APN 397-30-060 to Low Density Residential from Community Facilities, as shown in Exhibit A (attached), subject to the following condition: Application No. 06-002,• 13998 and 14000 Shadow Oaks Way, 13425FruitvaleAve. The applicants shall comply with all requirements of the Santa Clara Valley Water • District [SCVWD] that pertain to the granting of an easement to SCVWD on the subject portion of land. PASSED AND ADOPTED by the Saratoga Planning Commission, State of California, the 9`h day of November 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission C • • Attachment 2 Application No. 06=002,• 13998 and 14000 Shadow Oaks Way,13425FruitvaleAve RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING ADOPTION OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ZONING MAP OF THE CITY OF SARATOGA BY FOR A PORTION OF ASSESSOR PARCEL #397-30-060 FROM R-1-40,000 TO R-1-20,000 WHEREAS, an application was made to the City of Saratoga for a change of the Zoning Map to rezone approximately 16,719 square feet in the southwest portion of parcel APN 397-30-060 (as modified by the aforementioned Lot Line Adjustment) from R-1- 40,000 to R-1-20,000 to conform with the existing zoning of the two single family residential lots, as described in attached Exhibit A; and WHEREAS, the Planning Commission has conducted a duly noticed hearing at which time all interested parties were given full opportunity to be heard and to present evidence; and • WHEREAS, the Planning Commission has determined that the Zoning needs to reflect and be consistent with the approved Low Density Residential land use designation of the single family residential parcels that would acquire this portion of land; and . WHEREAS, the Planning Commission finds that the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b) (3) because there is no possibility of an impact on the environment in that the project would not increase the development potential for the parcels in question.; and WHEREAS, the Planning Commission has determined that the proposed rezoning is consistent with General Plan Goals and Policies described below: Land Use Element Policy 4.2: "Non-residential development shall be confined to sites presently designated on the General Plan for non-residential uses. Existing non-residential zoning shall not be expanded nor new non-residential zoningdistrictstidded" The uses of the three properties would remain the same and would not be impacted as a result of the proposed lot line adjustment. The redesignation of the subject portion of land will slightly reduce the area of the non-residentially designated school property that the school does not use for any purpose. The lot line adjustment is a sensible proposal where the new lot line will follow the geographical boundary created by Wildcat Creek. • _( Application No. 06-002,•13998and I4000ShadowOaks Way, I3425FruitvaleAve. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council adopt an ordinance to rezone the 16,719 square feet in the southwest portion of parcel APN 397-30-060 from R-1-40,000 to R-1-20,000 as shown in Exhibit A of City of Saratoga planning application 06-002, subject to the following condition: 1. The applicants shall comply with all requirements of the Santa Clara Valley Water District [SCVWD] that pertain to the granting of an easement to SCVWD on the subject portion of land. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, the 9`~ day of November 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • l~ • Attachment 3 • • // 10/28/2005 09:05 FA% 408 8670777 SUSD Bt'S OFFICE '~ SARA'pOGA UrIION SCHOOL DISTRICT Business Services 20460 Forrest Hills Drive Saratoga, CA 95070 (408) 867-3424 Ext. 507 FAX (408) 867-0777 January b, 2004 Susan Tippets Santa Clara Valley Water District Community Project Review 5750 Almaden Expressway San Jose, CA 95118 RE: Parcel #397-30-Od0 Dear Ms. Tippets: Y am writing to you seeking information on an easement your firm has on .the above mentioned parcel number. This parcel is the site of our Redwood Middle School. There is a creek that rtuis through the southwest comer of the parcel. This creek separates the main portion of our property and creates a .45 acre piece of land that is adjacent to parcel #'s 397-34-006 and 397-34- 007. On a copy of book 397 page 30 from the Office of the County .Assessor there is a notation that you have an easement on this property near the creek. Could you please provide me with the details of this easement? We aze considering declaring this small piece of property surplus and offering it for sale to the adjacent neighbors. The details and restrictlops of your easement could be a deciding factor in this process. Our process to declare this property surplus is lengthy and difficult. I would appreciate anything you could do to get this information to me or an estimate of how long it will take for you to process as soon as possible. Thank you in advance for your attention to this request. I can be reached at the address or phone number above or you could email me at g~ton C~sarato~ausd org. Sincerely, Ellen D. Tipton Chief Business Official l~j 002 ~~ File: 26051 Wildcat Creek February 11, 2004 ~ooa 5750 AIMADEN EXPWY SAN JOSE, CA 951183696 TEL@PHONE (409) 265-2600 FACSIMILE (bOB) 266-0271 www.volleywater,org AN EGUgL OPPORTta`ll1Y EMPLOYER Subject: Request for Information Regarding Distri.ct=Easement Adjacent to Redwood Middle School in Saratoga _ . Ms. Ellen D. Tipton Saratoga Union School District ~.: t`;t~: Business S .,:_s _ ,~.K•~ .~•-:,;~,:;~ ~:~n~~= . ~ ~=x '~ a,. p:= 20460 Forrest Hilis Qrive •`~`~ ~ ~- °.~.=~~~ ~';: ' Saratoga, CA 95070 fi:'` .:~':. Dear Ms.Tipton: The Santa Clara Valley Water District (D information on January 12, 2004. Redwood Middle School is located wi Federal Emergency Management Age site immediately adjacent to Wildcat-( base flood elevation has been deterrr delineated within the flood zone. The 100-year flooding with average d~,pth; one square mile. ; '~`' ~:~~. Your letter dated Jan`uar~-6~Qo4 st 1~.. District) interest in p;os.sllly,.;declaring to restricted access caused by Wildc sale to the adjaceri~ land gwners;`~ :.~: I have compiled the`follo~Virig irifor ,.. helpful to you and better'enabfe's~y this property. Our records indicatE District's property as stated In youi 008 and 397-30-054, 055. Please descriptions for more specific infor • .:...: ;rirt)~staff received a request for the subject ~~` ~~ ~;: ~`~',~ e WildcatC~eek,~w~#ershed. According to the Flood IRS~~ance Rate Map (enclosed), a portion of the is within a spe~.ial;flaod hazard zone, Zone AE. The to be~395=feet~irt`•t~ils=area and a floodway has been ~ining~p::oction~oi~-t)eslte;is within Zone X; an area of :ss~tkian a foot or withadrainage area of less than ek. on for yourtas~e° d make~aii'`Infolx t=the easements fkjeFPiS~tnc~ dopes 'elf'-de'cisfon~ when r~=q~:lestion are not ~tsaare located on. assessor parcel~~r easement IocatlQr If you have any questions or comments, please call me at (408) 26 Please reference District t=ile No. 26051 on future correspondence Sincerely, ~~/ ~~~~~%~rl~ Wendy AII~ on, P.E. Assistant Engineer Community Projects Review Unit Enclosures: Assessor Parcel Maps, FIRM Panel, Easement Descriptions cc: B. Goldie, S. Tippets, U. Chatwani, W. Allison. File (2) wa:mf 0211 c-pl.doc 37:~Q 0,6.0:'sirpl.u&due ntfy be offered:l'or ::_~,~, . ~, .rLV tha#-t~i•`e~:information is :on~idenng the sale of Ipcated'ort~the School i~r'cels 39~ Ni3.4-006, naps and eas:ement s and restrictions. ~.,.; •~r_ extension 31 NSF ng this project`;~ The mission of the Soma Clara Valley Watar District is a healthy, safe and enhanced quolly of I"iving in Santa Clara County thnwgh vrotershed stewardship and Comprehensive management of woter resources in a practical, costeffe<tlve and environmentally sonsiN~e moaner. • /t~ ~J • Attachment 4 • /~ Saratoga Union School District 20460 Forrest Hills Drive Saratoga, California 95070-6020 (408) 867-3424, Ext. 507 (408-867-0777 FAX www.saratogausd.org August 17, 2005 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Sirs: Application No. 06-002 Lot Line Adjustment In response to your request for additional information dated August 4, 2005, we would like to acknowledge that the Saratoga Union School District owns certain real property known as Santa Clara County Assessor's Parcel Number 397-30-060. The District hereby acknowledges the right to authorize the lot line adjustment. . Approximately 19,400 square foot portion of this parcel is located on the northwest side of the Wildcat Creek and directly adjacent to 13998 and 14000 Shadow Oaks Way, Saratoga, California. The District is agreeing to the transfer of this piece of property for the following reasons: - This piece of property is a nuisance and in a dangerous condition in that it jeopardizes the public's safety and increases the liability of adjacent landowners - The District desires to avoid the possibility of legal action by Mehra and/or Narayan to force the District to remediate the alleged nuisance and dangerous condition - The District does not utilize this piece property for any purpose, as it is separated from the remainder of the School Site by the Wildcat Creek; and -This piece of property is landlocked and there are no viable purchasers of the Disputed Property other than Mehra and Narayan. Saratoga Union S hool District J Ellen Tipton Chief Business Official /~ • • Attachment 5 • /h AFFIDAVIT OF MAILING NOTICES • STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~ Q,~ ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 year_s;rthat acting for the City of Saratoga Planning Commission on the o?b~day of O~U~J 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within S00 feet of the property to be affected by the application; that on said day there was regular communi tion by United States Mail to the addresses shown above. Y 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 9t~ day of November 2005, at 7:00 p.m. The public hearing will be held in the Civic Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details of the project described below will be available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT LOCATION: 13998 and 14000 Shadow Oaks Way, and 13425 Fruitvale Ave. APPLICATION NO: 06-002 APN: 397-34-006, 397-34-007, 397-30-060 APPLICANT/PROPERTY OWNER:. Mehra, Narayan & Saratoga Union School District DESCRIPTION: The applicants request a recommendation of approval of a General Plan Amendment, Rezoning and Lot Line Adjustment. Saratoga Union School District proposes to transfer 9,851 square feet of its property at Redwood Middle School to a residential property at 13998 Shadow Oaks Way, and 6,868 square feet of its property to the neighboring residential property at 14000 Shadow Oaks Way. The portion of school property being transferred to the two residential lots is situated on the opposite (north) side of Wildcat Creek and is not used by the school for any purpose. The two residential property owners would like to add this unused portion of land to their respective lots for maintenance purposes. The parcel owned by the school district is in General Plan designation CFS (Community Facilities) and is zoned R-1-40,000. The two residential lots are in General Plan designation RLD (Residential Low Density) and are in the R-1- 20,000 zoning district. All three parcels would remain in the same General Plan and zoning designations. However, a General Plan Amendment is required for approval of this application so that the General Plan and zoning designation boundaries are consistent with the new proposed lot lines of the three parcels. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you maybe limited to raising only those issues you or someone else raised at the Public Hearing. /~ In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Tuesday, November 1, 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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' °~ ~~ ~~ ~ ~r.•~se ...' ~-- I I I I I I I I 11 II P t A a a 3 :~ • Item 3 • REPORT TO THE PLANNING COMMISSION Application No./Location: Applicant/Owner: Staff Planner: Type of Application: Date: I APN: App # 06-100/ 20320 Park Place Saratoga Federated Church Suzanne Thomas, Assistant Planner, Modification of Approved Plans November 9, 2005 397-22-012 Department Head:-~Z ~~~ --: ~ 500 0 EuHer erouno 20320 Park PI :. ~ 20320 Park PI -. Q Parcels vrilhin 5001120320 Park Placa ',^` `j.' ``Y `~~....'~'~~-~•~"%~ ,i ~~ ,~~ ~tempeao W ~` W~! a..+la.~^Y.~c W.r - -, ~~~\y~, ~~J. l% YJ'~'\` ~'`: f`~•~ ~~-~\\ o ,v 7 ~ i ~ 1 I. ~ /' i'. / f ' ~.^ \. \ ,'\~\/ ,~ \~.'",~~ ~% \ / ~ ,~~~.~~ay ~_ `--.111! I \"%%i~ \ 20320 Park Place • EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 09/14/05 10/14/05 10/26/05 10/19/05 10/03/05 The Applicant requests a Modification to the Approved Plans as stated in Condition #33 of City Resolution 02-091. Resolution 02-091 approved the new fire station at 14380 Saratoga Avenue, and included Condition #33, which required an automatic gate on the parcel that is now part of the church parking lot. At the time, there was concern that drivers would use the parking lot as a short cut off SR-9, but the circumstances that triggered this recommendation have changed since the resolution was passed. STAFF RECOMMENDATION Approve the application for a Modification to Approved Plans by adopting the attached Resolution. • ~~ • File No. 06-I00; 20320 Park Place STAFF ANALYSIS ZONING: Professional-Administrative Office (P-A) GENERAL PLAN DESIGNATION: Public Use Corridor MEASURE G: Not applicable PROJECT DISCUSSION The applicant is requesting relief from the gate requirement described in Condition #33 of City Resolution 02-091 (Attachment 2): "The parking and circulation system for the project shall be constructed as shown on the approved plans for the either the option where the property as being transferred to the Federated Church or the option illustrating the property as being maintained by the Fire Department....The gate shown on the approved plans as being on PN 397-22-012 immediately adjoining Saratoga-Los Gatos Road shall be relocated to the opposite side of the parcel to immediately adjoin APN 397-22-044. The gate shall be an automatic gate:' According to both the applicant (Attachment 3) and the Saratoga Fire District (Attachment 4), there were three factors contributing to the gate requirement, which have since changed: • o Early in the project, Fire District architects had represented the parking lot as having traffic ingress- directly from SR-9. There was concern that SR-9 drivers would use this access as a short cut to bypass the intersection of Saratoga Avenue and SR-9 and, therefore; a gate was proposed for that driveway. However, it was the church's intent to have that access point used only as aone-way exit onto SR-9. For this reason, Condition #33 included a reference to relocating the gate to the opposite end of the lot (Attachments 7 and 8). o Traffic conditions at the aforementioned intersection have improved since the time of the resolution. According to Chief Gordon Duncan of the Saratoga Fire District, "this has reduced the overall incentive and incidence of cut-through traffic to the neighborhood." o At the time of the resolution, there was concern that plans to restrict turns at the intersection of SR-9 and Oak Place would generate an increase in cut-through traffic through the church's lot. After several months of implementing these turn restrictions, "there does not appear to be any significant cut-through traffic through the church's new parking lot." The addition of a gate to the existing parking lot and landscape would reduce the integration of the structures with the environment and would be a financial burden to the church. Jerry Bruce, Director of Church Administration for Saratoga Federated Church, believes that this one-way ungated exit has decreased the traffic flow into the adjacent neighborhood by allowing church members and visitors to exit directly onto SR-9 without having to re-enter Park Place. a~ File No. 06-100; 20320 Park Place Correspondence Staff received a letter from the Saratoga Fire District and from numerous letters from neighbors who support this request for relief from the gate requirement. No negative correspondence was received on this application at the date that the staff report was distributed to the Planning Commission. One neighbor, Denise Michel, did express concerns about traffic on Park Place. Although the applicant had suggested that this approval be considered temporary for the first five years, Staff .recommends that this modification to a conditional use permit be finalized, subject to SMC 15-55.100. "The Planning Commission shall, in all cases, retain continuing jurisdiction over each use permit and may at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of a use permit or impose any new conditions if the Commission determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 15-55.070 of this Article." • CONCLUSION The automatic ate was on 'all included to revent cut-through traffic and reduce • g ~ Y P potential traffic impacts on the adjacent neighborhood. However, the conditions that triggered this recommendation have changed, and there is support for relieving Saratoga Federated Church of this requirement. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the application for Modification of Approved Plans by adopting the attached Resolution. • File No. 06-100; 20320 Park Place ATTACHMENTS 1. Resolution with conditions. 2. Resolution No. 02-091: A Resolution of the City Council...Approving Application #02-176 for a New and Temporary Fire Station. 3. Letter from Jerry Bruce, Director of Church Administration, Saratoga Federated Church, to John Livingstone; September 2005. 4. Letter of support from Chief Gordon Duncan, Saratoga Fire District; June 28, 2005. 5. Neighbor letters. 6. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels. 7. Portion of Assessor's Parcel Map Book 397, Page 22. 8. Map showing original and modified locations of gate N • Attachment 1 • • APPROVAL OF RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Saratoga Federated Church; 20320 Park Place WHEREAS, the City of Saratoga Planning Commission has received an application for Modification of Approved Plans to relieve applicant from a requirement to install an automatic gate as described in Condition #33 of City Resolution 02-091; 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 relief. WHEREAS, the applicant has met the burden of proof required to support said request for Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan and other exhibits submitted in connection with this matter, the application of Saratoga Federated Church for relief from this requirement has been approved and is hereby granted subject to the following condition: CITY ATTORNEY Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of Ciry in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. 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 PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 9`h day of November 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 City Planning Commission. Property Owner or Authorized Agent Date r~ ~~ • a • t ` • • SOLUTION N0.02-091 RE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERTURNING THE PLANNING CONIIVIISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPROARY FIRE STATION SARATOGA FIRE PROTECTION DISTRICT; 14380 SARATOGA AVENUE WHEREAS, the City of Saratoga City Council has received from the Saratoga Fire Protection District ("Applicant") an application for Design Review, Conditional Use Permit, and Lot Line Adjustment for the approval of a new Fire Station at 14380 Saratoga Avenue and Temporary Fire Station at 20473 Saratoga-Los Gatos Road to be used during construction of the new Fire Station; and WHEREAS, on September 25, 2002 and October 9, 2002 the Planning Commission held a duly noticed Public Hearing where the above project was denied and appealed to the City Council. On November 6, 2002~-e City Council 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 of Sarato a has considered the "~ WHEREAS, the City Council of the Crty g application and all testimony and other evidence. submitted in connection therewith; and . WHEREAS; the applicant has met the burden of proof required to support said application for Design Review, Conditional Use ~ Permit and Lot" Line Adjustment approval, and the following findings have been determined: Environmental Review The Saratoga Fire Protection District, as lead agency, has approved a Mitigated Negative Declaration for the proposed project. The City Council as a Responsible Agency has reviewed the environmental effects of the project "as shown in the Mitigated Negative Declaration. Design Review The proposed project meets the design criteria stated in Section 15-46.040 based on the " following: " The project is in character with the neighborhood ~in that the design of the Fire Station is modeled after a Julia Morgan design. The Federated Church located to the rear of the Fire " Station was designed by Julia Morgan. The materials and architectural features proposed help the project fit in with the character of the neighborhood. The design has been pulled back significantly from the existing location on the comer of Saratoga Avenue and • ' ~~ • • • _ rove si t distance for drivers alon that Saratoga Los Gatos Road to reduce bulk and unp gh g intersection. The design also includes a plaza area that will add a pedestrian scale element to the corner. The applicant is proposing a hand troweled finish to the exterior of the building. The quality exterior finish with the Mission file roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. The applicant is proposing to enhance the existing site with a new landscape plan that will provide trees the entire length of Saratoga-Los Gatos Road and to use colored bricks to distinctively mazk the pedestrian zone on the pavement on the front apron. The landscape plan includes a retention. basin and provides drainage from the parking area into the landscape azeas to help meet Storm Water Quality requirements. CONDITONAL USE PERMIT: The applicant is requesting a Conditional Use Permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district ~ variation to the lot coverage, and limit landscaping in the front yazd area. Where a Use Permit is required section 15-55- .030 of the City Code gives the City discretion to allow variations from the standard site . area, coverage, structure height, yazd minimums and other standazds for the Zone District. In light of the numerous competing design and land use considerations reflected in the Ad Hoc .committee's Scheme A, the City Council has determined that the necessary findings can be made to support the Use Permit as follows: That the proposed temporary and permanent Fire Stations with code variations are in accord with the objectives of the Zoning _ Ordinance and the purpose of the district in which they aze located in that they aze conditionally permitted uses- that will be replacing the existing Fire Station and will have no significant traffic impacts. The Fire Stations aze necessary to provide fire protection for the City. The setback and~landscaping variations will allow the permanent Fire station to have a 59-foot front apron that will avoid safety problems and will allow for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. The lot coverage variation is necessary to allow several nonconforming lots to be used for one project. • That the proposed Fire Stations and the conditions under which they will be operated will not be detrimental to the public health, safety, or welfaze, nor materially injurious to properties or improvements in the vicinity in that the • proposal is a continuation of the existing use. -The proposed new Fire Stations will provide adequate pazking for the 24 employees that will use the Fire Stations and will have no significant environmental or traffic impacts to the property or surrounding azea. /D • • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15- 18.030 of the zoning regulations except for the Code variations described above which the City Council has determined are necessary to achieve the safety and circulation objectives described above. Lot Line Adjustments The applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be moved to enlarge the parcel that will become parking for the church. The City Council makes the. following findings in accordance with the zoning regulations to approve the requested lot- line adjustment: • The proposed lot line adjustment is consistent with the General Plan in that the~lot line adjustment will allow for a larger lot--=; rea for the new Fire Station and- improve the current parking situation between all of the involved parcels. • The proposed lot line adjustment is consistent with the regulations contained in • the Zoning Ordinance and the Subdivision Ordinance in that the lot line adjustment is specifically approved by the City Council through the granting of a Conditional Use Permit under chapter 15 of the City Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. Site Coverage The proposed project has less 30% site coverage for the total or gross site which includes the portion of the right-of--way and the existing contempo site that will be retained by the Fire district. However, the proposed plan does not meet the City Code Section 15-06.620 (b)(1) that requires access easements be deducted from the gross lot size. The net site area requires that the area being counted by the applicant in the existing right-of--way that. runs between the existing contempo building and the existing parking lot be subtracted from the lot size. This would bring the proposed site coverage to 32.1 %. The City Council hereby finds that this variation is appropriate for commercial projects where shared circulation patterns created by easements between the City or property owners parking lots acts as a public benefit allowing patrons of the establishments to access more than one site without having to merge back onto a city street. ~~ • • • City Code Section 15-18.07 provides that site coverage shall be calculated based on the size of each lot. This project is being developed on multiple lots. The City Council hereby determines that a variation from standards to allow the use of several nonconforming lots to contribute to an existing fire station use to be a benefit to the health safety and welfare of the City. Now, TxEItEF01tE, the City Council 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 together will all public testimony and other evidence submitted during the public hearing, the application for Design Review, Conditional Use Permit, Lot Line Adjustment approval and variation from the setback and site coverage standazds described above is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located. and coi~nicted as shown on Exhibit "A", incorporated by reference. Any changes to the approved plans- aze subject to the Community Development Director's approval. Any changes to the approved plans must be submitted in writing and each change indicated on the plan set with a cloud. 2. The following shall be submitted to the Building Department for review of the construction level drawings: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. i. All recommendations of the City Arborist set forth in the report of Mazch 15, 2001 shall be adhered to and included as a separate plan page. ii. The site plan shall be stamped and signed by a Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." b. Four (4) sets of complete grading plans incorporating this Resolution and March 15, 2001 Arborist Report as a sepazate plan page. The grading plans shall demonstrate that: i. No Retaining wall shall exceed five feet in height and three feet within the • front yard setback. ii. All applicable recommendations of the City Arborist will be implemented. 4 /~ • e-size tree shall be removed without first obtaining a Tree Removal • 3. No Ordmanc Permit. 4. No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height with the exception of temporary construction fencing. 5. No structure shall be permitted in any easement. 6. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices required by State .and federal regulations. If all storm .water cannot be retained on-site due to topographic, soils or other constraints, an explanatory. note shall be provided on the plan. 7. All exterior stucco finishes shall have a hand troweled fuush. 8. Provide a quarterly newsletter to residents of the District advising them of the location of the temporary fire station and regularly updating them on construction time frames and construction activities tfi~ will impact the .intersection at Saratoga Avenue and Saratoga-Los Gatos Road. 9. The District shall retain ownership of all lands at 20473 Saratoga-Los Gatos Road • (APN 397-22-019, 015, 042, 012) in order to satisfy all parking requirements for the temporary and permanent fire stations or, if a portion of said lands are to be sold, shall secure a recorded easement or other interest running with the land granting the owner of the land at 14380 Saratoga Avenue (APN 397-22-019) permanent access to six parking spaces on property accessible from the alley between the Federated Church property and the Post Office property. If the off site parking is at a location not shown on the approved plans, the Applicant shall file revised plans showing the new location of the parking for approval by the Community Development Director. 10. No building permit shall tie issued unless. (1) George Whalen way' has been vacated by the City of Saratoga and. (2) title to the Heritage Plaza has been transferred from the City of Saratoga to the Fire District. 11. All mitigation measures identified in the Mitigated Negative Declaration shall be implemented prior to final building inspection of the new Fire Station. . 12. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." The fencing shall be inspected by staff prior to issuance of a Building Permit. • 13. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any protected trees ~~ • • • on the site. 14. All trenching for any utilities shall be located outside the driplines of all retained trees. If this cannot be achieved a project Arborist shall be retained to determine acceptable locations. 15. No excavated soil shall be stored below the canopies of any trees. 16. Prior to issuance of a Demolition, Grading, or Building Permit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $4,166 pursuant to .the report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. 17. Prior to-Final Building Inspection approval, the staff shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the security referenced in the preceding Condition shall b.~eleased. , 18. The Magnolia tree on property line in front of the existing Contempo building M shall be maintained along with as many of the existing trees as possible that are located in the existing parking landscape area on pazce1397-22-015. 19. Provide a solid door on the trash enclosure. 20. Replace the existing broken fence on the retaining wall in the existing pazking azea. 21. Prior to issuance of a building permit the applicant shall provide the City of Saratoga with a covenant applicable to the Fire District pazcels to assure the required number of parking spaces will be provided for the proposed project and ensure continued compliance with the applicable site coverage requirements. 22. The proposed temporary tent used to pazk the fire apparatus under shall be 5 feet from property lines and the membrane structure shall be fire retardant, non- combustible fabric (CBC 3112.2) or fire sprinklers will be installed. PUBLIC WORKS 23. The Applicant will share responsibility with the City of Saratoga for design and Construction of improvements to the Highway 9Big Basin Way intersection, Improvements to Sazatoga Avenue, and the relocation of the Memorial Arch to • Blaney Plaza as follows: The Applicant shall be responsible for the following design and improvement items: /~ 6 • • e im rovements from northbound Hi way 9 • A) Design of nght turn lan p P~ to eastbound Saratoga Avenue. B) Construction of concrete curb and gutter improvements associated with Condition (A) above. C) Design and construction of concrete sidewalk improvements along the Highway 9 frontage of the Applicant's property.. D) Design and construction of concrete curb and gutter improvements along the Saratoga Avenue frontage of the Applicant's property. E) Design and construction of sidewalk improvements along the Saratoga Avenue frontage of the Applicant's property, which shall be marked distinctively (e.g., with colored concrete or brick work) to distinguish the pedestrian zone from the remainder of the driveway apron improvements. F) All costs associated with the relocation of the Memorial Arch to Blaney Plaza including removal, transportation, foundation construction, and installation. G) The applicant shall pay $25,000 or 20% which ever is less towazds the cost of modifications to the signal at the intersection of Highway 9 and Saratoga Avenue necessary to incorporate the dedicated right turn lane. Final design plans for the improvements described a~'-~ve shall be reviewed and approved by the Public Works Department prior to construction. The City of Saratoga will be responsible for the .following design and improvement items: H) Design of lane line (striping) modifications on Sazatoga Avenue that wild add a dedicated right turn lane from westbound Sazatoga Avenue to northbound Sazatoga-Sunnyvale Road. I) Construction of asphalt pavement improvements associated with Condition (A) above. ~ Design of signal modifications to the Highway 9Big Basin Way intersection associated with Condition (A) above, which will include the capacity for a signal interuptor. K) All costs relating to the design of Blaney Plaza and all Blaney Plaza improvements other than the foundation for the Memorial Arch. The City and the Applicant shall jointly prepaze and submit all necessary permit applications to Caltrans for the above conditions. 24. The applicant shall conform to the City of Sazatoga's Construction and Demolition Debris Recycling Ordinance. 25. The applicant shall post in locations readily visible to passers-by signs with the required construction hours and -phone number of a person working for- the General Contractor and the Santa Clara County Sheriffs Office available to call • 24-hours a day for complaints. The sign location, size and wording shall be subject to approval of the Community Development Director. 7 ~~ 1 • • 26. All parking for construction contractors, subcontractors, and their employees shall be located within the fenced area of the site per the approved plans or at the West Valley Community College and/or the Santa Clara County property adjoining Highway 9 opposite Tollgate Road Applicant shall hold a community workshop for residents in the vicinity of the pazking areas and submit a parking plan for approval by the Community Development Director specifying the number of spaces to be provided at each location, plans for shuttles from the parking area to the project site, and hours of operation for the parking area. No catering vehicles shall be permitted at the West Valley Community College District site. No tools or other materials may be stored in the pazking areas except pursuant. to a sepazate staging plan approved by the Community Development Director. 27. All vehicles carrying materials to or from the project site shall travel on the routes specified in the approved plans. No vehicles shall queue for entry to the project site on any City street except as authorized by the Public Works Director. At times when queuing on City streets will be required (i.e., removal of demolition debris, grading; and pouring the foundation) Applicant shall post signs at least three days in advance notifying motorists o~the expected dates of the pending work and the possibility of delays. When `vehicles aze queued~on northbound Highway 9 Applicant shall post traffic control personnel at the intersection of Highway 9 and Oak Place to direct traffic in accordance with any applicable traffic restrictions imposed by the Ciry. When vehicles are queued on westbound Saratoga Avenue Applicant shall post traffic control personnel at -the intersection of Saratoga Avenue and Park Place to direct traffic in accordance with any applicable traffic restrictions imposed by the City to reduce non- - residential cut-through traffic on Pazk Place and Oak Place. 28. All materials shall be stored within the fenced area of the project site or at an off site location pursuant to an off-site staging plan approved by the Community Development Director following a workshop with residents in the vicinity of the staging azea. No materials shall be delivered to the site before 7:30 a.m. or after 6:00 p.m. or on Saturday, Sunday, or holidays. 29. Applicant shall m;n;m;~e impacts to the level of service at the intersection of Highway 9 and Saratoga Avenue as follows: 30. Prior to issuance of a demolition permit, Applicant shall equip each Fire Truck .maintained by Applicant with a remote traffic signal pre-emptor and shall cause the signal at the intersection of Highway 9 and Saratoga Avenue to be equipped with a receiver to allow operation of the pre-emptor. If the signal controller cannot accommodate the receiver the Applicant shall install the preemptors and receiver within 30 days of the signal controller upgrade; 31. A portion of the site adjacent to the intersection of Highway 9 and Saratoga Avenue to be identified by the Public Works Director shall remain free of any structures, vehicles, equipment, materials, or other objects greater than three feet in height to provide improved visibility at the intersection of Highway 9 and ~~ • azato a Avenue. S g 32. All trucks shall enter and exit the site in accordance with the approved plans and shall be guided by traffic control personnel when entering the public right of way from the project site. 33. The parking and circulation system for the project shall be constructed as shown on the approved plans for the either the option where the property is transferred to the Federated Church or the option illustrating the property as being maintained by the Fire District. The applicant shall record a notice of the applicability of the use permit and this requirement to the subject property in the office of the Santa Clara County recorder prior to issuance of a grading permit. The gate shown on the approved plans as being on APN 397-22-012 immediately adjoining Sazatoga-Los Gatos Road shall be relocated to the opposite side of the pazcel to immediately adjoin APN 397-22-044. The gate shall be an automatic gate. 34. Other than approved safety devices there shall be no amplified sound on the Project site or on.any Project pazking area. .~ b 35. All conditions of approval shall be made a part of the project bid documents and all bidders shall be required to acknowledge that they and all subcontractors have reviewed and agree to abide by the conditions of approval. Prior to each stage of construction (i:e., demolition, grading, construction) Applicant shall require the contractor and subcontractors chiefly responsible for that stage of construction to attend a preconstruction meeting with the City to review the ' conditions of approval. CITY ATTORNEY 36. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought by any third party in any -State or. Federal Court, challenging the City's action with respect to the applicant's project. 37. Noncompliance with any of the conditions of this permit shall constitute a . violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. ~~ • • Section 4. The City Council hereby directs staff to do the following: 38. The Public Works director is directed to work with CalTrans to (1) optimize the timing of the signal at the intersection of Highway 9 and Saratoga Avenue in light of the increased volume of traffic on Highway 9 during the a.m. and p.m. peak periods; (2) identify short term and long tens measures to facilitate left turns into the Fire Station site from southbound Highway 9; (3) make any improvements necessary to allow the signal at the intersection of Highway 9 and Saratoga Avenue to accommodate a receiver to allow use remote signal pre-emptor by the Saratoga Fire Protection District; and (4) remove all restrictions on right turns during red lights where consistent with accepted traffic safety principles. 39. The Public Works Director is directed to continue to work with the Village Green Cut-Through/Highway 9 Traffic Signal Task Force to coordinate with residents of the Village Green and other members of the community to develop a set of proposals for consideration by the City Council. The Task Force report shall be presented to the City Council no later than March 31, 2003. 40. The Public Safety Commission is directed to~esent to the City Council no later than June 30, 2003 a proposed Motor Vehicle resolution that would (a) prohibit all construction vehicles from the Village Green area except for vehicles necessary for authorized construction on the streets subject to the restriction (e.g., residential remodeling or other construction); (b) prohibit non-residential -cut- . through traffic on Oak Place and Park Place; and (c) prohibit parking on streets for more than two hours without a permit. Prior to preparing the proposed resolution the Commission shall notify affected residents and hold at least one community workshop. The resolution shall be accompanied b}t:a report describing the manner in which the restrictions would be implemented, the specific streets upon which the restrictions would apply, and methods of reducing ' any inconvenience to affected residents. The report shall recommend the period of time that the Motor Vehicle Resolution should remain in effect. Following adoption of a Motor Vehicle Resolution the City Council will direct the Public Works Department to immediately post signs and take other actions necessary to implement the resolution and direct City Code Enforcement and Sheriff s office personnel to enforce the resolution. • 10 /~ The above and foregoing Resolution was passed and adopted at an adjourned meeting of the City Council of the City of Saratoga held on the 6~' day of November 2002 by the following vote: AYES: ~Councihnembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None • ABSTAIN: None ABSENT: None ~~ Nick Streit, Mayor ATTES~T~ :'._. ~ E Ca ee ~. yer Clerk 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 Council. Property Owner or Authorized Agent Date /9 • CJ • • Attachment 3 • ~O .- ~~ September 2005 City of Sazatoga John Livingstone SARATOGA FEDERATED CHURCH Re: City Resolution 02-091, Condition #33 -Automatic Gate Overview: We are requesting relief from that portion of the above-referenced condition #33 that mentions an automatic gate in relation to a new pazking lot added to the church property as part of the recent Fire District renovation project. It is our belief that significant changes have occurred since the initial proposal of such automatic gate which collectively have eliminated the need for such a gate. With the subsequent developments we believe the automatic gate now represents an unnecessary financial burden to the church, would in fact be aesthetically detracting from the improved landscaping and would be of very limited value in achieving its originally intended purpose. Background: During the days and weeks leading up to a final agreement on the Fire District renovation project many parties were being asked to make concessions to enable an overall project approval. One of the concerns that had received significant airtime during the previous yeaz or two was the issue of "cut-through" traffic in the Village Green neighborhood around the church. The idea of an automatic gate as part of our new parking lot was proposed by the neighbors as a tool to prevent cut-through traffic through our neighborhood via this new pazking lot. Our agreement to the automatic gate requirement was made in the spirit of cooperation being asked of everyone involved. It is not our desire to undo that cooperation, rather it is our intent that this issue be evaluated in light of numerous subsequent changes to the relevant circumstances. One factor that gave the gate appazent added value at the time it was originally proposed was that the Fire District azchitects had initially represented the parking lot as having traffic ingress directly from SR-9. As such, the gate was initially proposed as being at the then described entrance right at SR-9. It was not the church's intent to have traffic flow that direction but rather to have it be one-way, exit only, onto SR-9, with its only entrance being through our existing parking lot. This change to the traffic flow was made in the final proposal and this is why the resolution mentions that the gate "...shall be relocated to the opposite side of the parcel..." Another factor is that at that time there were significant traffic flow bottlenecks from both the north bound and west bound approaches to the intersection of SR-9 and Sazatoga Ave. that have since been relieved. The impact those changes would have on traffic patterns azound the neighborhood was not yet determinable. The intersection has now -been improved and this has greatly reduced the overall incentive and incidence of cut- through traffic to the neighborhood. Thirdly, discussions to mitigate cut-through traffic in the neighborhood had lead to the decision, but not yet the implementation of, turn restrictions at the intersection of SR-9 and Oak Place. The impact of these turn restrictions on cut-through traffic and the potential that they could increase the incentive to cut-through the church's new lot was PHONE 4na.s~7.loon Fax 4n8.8G7.6012 www.saratogafedrrated.org CT / $USInPSS ~~~ICB al I~,37OSARATOGA AVENUE SARATOGA ~A 9>n7n Sanctuary Rf 20390 PARK PLACE SARATOGA ~A 98070 not yet able to be assessed. It has been several months now since the new pazking lot has • been operational, with all the aforementioned improvements in place. There does not appear to be any significant cut-through traffic through the chwch's new pazking lot Statement of Intent: It is the Chwch's intent to take reasonable steps to minimize cut- through traffic in and azound ow neighborhood, especially when it involves trespassing through ow property. We are very concerned about the safety of ow neighbors, members, visitors and most importantly ow preschool children and pazents. We will not allow cut- through traffic through- our parking lot to become a problem. Current Assessment: The parking lot in question has been in operation for several months now. There has not been any evidence of significant cut-through trafl:ic. The usage of this new lot by chwch members and visitors does in fact decrease the amount of traffic into the neighborhood as now such users can exit directly onto SR-9 without having to re-enter Park Place and drive through Pazk Place and Oak Place to exit the neighborhood. This can become a significant long-term benefit to the neighborhood residents. It is ow belief that installation of an automatic gate for this pazking lot could reduce the number of direct exits from ow lots by a faz greater number than any reduction of cut-through visits through the neighborhood. We have discussed ow proposal with the residents of Pazk Place, the Co-Presidents of the Village Green Neighborhood Association and with the Fire District. They have each prepazed a letter of support. • Re uest: We hereb re uest tem r relief from the requirement of an automatic gate ~_ Y q im azY in accordance with the above mentioned resolution. The requirement to install the automatic gate could be reactivated by the Park Place neighbors as follows: 1) Notice can be given in writing to the Chwch and to the City at any time until the end of five (5) years from this date. If the gate is not required in this manner within that 5 year period than this temporary relief shall become permanent. 2) The Chwch would have 60 days from the date of such notice to negotiate a solution with the notifying party or parties. Participation of a city representative could be requested during such negotiations, but not required. 3) If no alternative solution is agreed upon within the 60 day notice period, then the Chwch shall be required to proceed with the installation of an automatic gate within the following 60 days. Such installation shall be subject to City building department approval and sign-off. Sincerely, `~~ Jerry Bruce, Director of Chwch Administration ~~ • Attachment 4 • • ~3 • • SARATOGA FIRE DISTRICT SERVICE SINCE 1923 June 28, 2005 City of Saratoga John Livingstone We are writing to express our support for the Saratoga Federated Church request of temporary relief from a portion of Condition #33 of City Resolution 02-091- referring to an Automatic Gate. We appreciate the concern shown by the City Council for neighborhood safety when this requirement was created. We continue to be concerned about safety in and azound the neighborhood. The issue ofcut-through traffic continues to be one of the factors that threatens the safety of residents and visitors to the neighborhood. • Nevertheless we a reciate the Church's position that this gate may not be necessary. PP We support their request to move forwazd without the automatic gate at this time. It is our understanding that some of the most relevant conditions under which this gate was originally proposed no longer exist. 1) First and foremost is the design of the pazking lot. As initially drafted and proposed by our architects, the parking lot would have had a direct entrance from SR-9. The improvement in design, to have traffic flow only one way with egress only to SR-9 and no ingress except via the church's existing pazking lot, was a relatively late change in the city approval process, as evidenced by the wording within the resolution about relocating the gate. 2) Secondly, at that time, there were significant traffic flow bottlenecks from both the north bound and west bound approaches to the intersection of SR- 9 and Saratoga Ave. that have since been relieved. This has reduced the overall incentive and incidence ofcut-through traffic to the neighborhood. 3) Thirdly, discussions to mitigate cut-through traffic in the neighborhood had lead to the decision, but not yet the implementation, of turn restrictions at the intersection of SR-9 and Oak Place. The impact of these turn restrictions on cut-through traffic and the potential that they could ~~ 14380 Saratoga Ave. • Saratoga, CA 95070-5953 • (408) 867-9001 • Fax (408) 867-2780 www.saratogafire.com • • increase the incentive to cut-through the church's new lot was not yet able • to be assessed. It has been several months now since the new parking lot has been operational, with all the aforementioned improvements in place. There does not appear to be any significant cut-through traffic through the church's new parking lot. We heartily endorse this proposed solution, and will work in close cooperation with the church and the city to promote its success and the success of additional traffic safety initiatives as they come about We urge approval of this request. Thank you for your consideration. Sincerely, ~i~~~ ~~jt,~~~rrc~ Gordon Duncan, Chief Saratoga Fire District • • ~~ • • Attachment 5 C7 ~~ --• . September 1, 2005. • To: Residents of Park Place, Saratoga From: Saratoga Federated Chwch RE: Request by the Chwch for relief from a requirement to install an automatic gate Several years ago, as many of you will recall, much public discussion surrounded the . process of planning. the new fire station. One outcome of those discussions was the plan to develop a portion of the fire station's land as a parking lot to then be sold to the chwch. The fire station and the parking lot have now been operational for many months. An additional requirement was added to the parking lot plan during those discussions in 2002. Specifically the plans called for an "automatic gate" to be installed in ow new parking lot. The purpose was to prevent the newly configured land from becoming a target for cut-through traffic to enter Park Place and bypass the intersection at Saratoga Ave. and Hiway 9. Attached to this memo we have provided a copy of ow request to the City of Saratoga for relief from this automatic gate requirement. Ow position is laid out clearly in that request. It has been drafted with the assumption and hope that you will in fact support ow request. Please review the attached letter. Then please sign below indicating yow support or non-support for ow request and return it to me. Regardless of vour position, we hope to Eet this letter back from everyone so that you each can be heard. Certainly if you have any questions about this or any other issues with the chwch we welcome your call. I can be reached at the office on 867-1000 during most weekdays. If needed you can also call my cell phone at (408) 314-4644, or email me at jeny@saratogafederated.org. It is ow hope that you know we value you as neighbors and want to do everything in ow power to be a benefit and blessing to the community. Please let us know anytime we fail to live up to that standard. Sincerely, Jerry Bruce Director of Chwch Administration • • September 1, 2005 • To: Residents of Park Place, Saratoga From: Saratoga Federated Chwch • RE: Request by the Church for relief from a requirement to install an automatic gate Several years ago, as many of you will recall, much public discussion surrounded the process of planning. the new fire station. One outcome of those discussions was the plan to develop a portion of the fire station's land as a parking lot to then be sold to the church. The fire station and the parking lot have now been operational for many months. An additional requirement was added to the parking lot plan during those discussions in 2002. Specifically the plans called for an "automatic gate" to be installed in ow new parking lot. The purpose was to prevent the newly configured land from becoming a target for cut-through traffic to enter Park Place and bypass the intersection at Saratoga Ave. and Hiway 9. Attached to this memo we have provided a copy of ow request to the City of Saratoga for relief from this automatic gate requirement. Our position is laid out clearly in that request: It has been drafted with the assumption and hope that you will in fact support ow request. Please review the attached letter. Then please sign below indicating your support or non-support for ow request and return it to me. Resardless of vour position, we hope to aet this letter back from everyone so that you each can be heard. Certainly if you have any questions about this or any other issues with the church we welcome your call. I can be reached at the office on 867-1000 during most weekdays. If needed you can also call my cell phone at (408) 314-4644, or email me at jeny(cr~saratogafederated.or~. It is ow hope that you know we value you as neighbors and want to do everything in ow power to be a benefit and blessing to the community. Please let us know anytime we fail to live up to that standard. Sincerely, Jerry Bruce Director of Church Administration By signing below, we indic~te that w~ / DO NOT (circle onej support your request. J /' • Address pZ 4 September 1, 2005 To: Residents of Park Place, Saratoga From: Saratoga Federated Church RE: Request by the Church for relief from a requirement to install an automatic gate Several years ago, as many of you will recall, much public discussion sun-ounded the process of planning the new fire station. One outcome of those discussions was the plan to develop a portion of the fire station's land as a parking lot to then be sold to the church. The fire station and the parking lot have now been operational for many months. An additional requirement was added to the parking lot plan during those discussions in 2002. Specifically the plans called for an "automatic gate" to be installed in ow new parking lot. The purpose was to prevent the newly configwed land from becoming a target for cut-through traffic to enter Park Place and bypass the intersection at Saratoga Ave. and Hiway 9. Attached to this memo we have provided a copy of ow request to the City of Saratoga for relief from this automatic gate requirement. Our position is laid out clearly in that request. It has been drafted with the assumption and hope that you will in fact support our request. Please review the attached letter. Then please sign below indicating yow support or non-support for ow request and retwn it to me. Regardless of your position, we hope to get this letter back from everyone so that you each can be heard. Certainly if you have any questions about this or any other issues with the chwch we welcome your call. I can be reached at the office on 867-1000 during most weekdays. If needed you can also call my cell phone at (408) 314-4644, or email me at jern,(~saratogafederated.or~. It is ow hope that you know we value you as neighbors and want to do everything in our power to be a benefit and blessing to the community. Please let us know anytime we fail to live up to that standard. Sincerely, !~` 3erry Bruce Director of Chwch Administration $y signing below, we indicate that v~+~ D 3;/~~1(circie onej support yow request. Name J~lar~2r~ ~- G/ti~s{~sev- Signature Address • o? 9 :4 • • By signing below, I indicate that I support providing the Federated Chwch with temporary relief from City Resolution 02-091, Condition #33, which requires the chwch to install an automatic gate in their new parking lot added to the chwch property as part of the Fire District renovation project. Changes in the parking lot's traffic flow patterns from the original design, and the apparent absence ofcut-through traffic in the pazking lot since it opened, significantly reduces the need for such a gate at this time. Although I agree that the automatic gate is currently unnecessary, I remain concerned about traffic and parking on Park Place. Specifically, I continue to be concerned about: the cwrent speed and level of cut-through traffic on Pazk Place; the chwch's inability to prevent trespassing on their property; and changes over the last decade to Park Place, instigated by the chwch, that have left this historic residential street looking like a parking lot and thoroughfaze. I remain hopeful that the chwch will take the initiative to address these problems and that the City will support Pazk Place improvements. If the chwch's parking lot becomes a path for cut-through traffic to or from Highway 9 in the future, I will be asking the chwch to install the gate, and the City to enforce Condition #33. If this circumstance occws, I do not think such a gate would be an unnecessary financial bwden to the chwch, nor do I think such a gate would be (needs to be) aesthetically detracting from the landscaping. Furthermore, I think such a gate could be of value in achieving its originally intended purpose. • • Denise Michel Name Signature _20375 Pazk Pl. Address 30 • • July 2005 City of Saratoga John Livingstone We are writing to express our support for the Saratoga Federated Church request of relief from a portion of Condition #33 of City Resolution 02-091- referring to an Automatic Gate. We appreciate the concern shown by the City Council for our neighborhood safety when this requirement was created. We continue to be concerned about safety in and around our neighborhood. The issues of speed and cut-through traffic continue to be factors that threaten the safety of residents and visitors to the neighborhood. We have spoken with Jerry Bruce from the Church about their proposal. We are the- co- president's of the Village Green Neighborhood Association ("VGNA") but this letter does not intend to express the considered opinion of the VGNA. We have not recently made this a matter of discussion amongst the entire VGNA and therefore cannot and do not represent this as being their opinion. It is our personal opinion that the proposal presented by the Church does represent the past and current situation fairly. We agree with their conclusions and recommendations. We therefore urge you to approve the Church's request for relief from the automatic gate requirement as outlined in their proposal. Sincerely, Bryan Rosevear 20283 La Paloma ~~~~`~~~ Jim Kardach 227 ~ L~.~ ~~(~~ ~~~ • 3~ • Attachment 6 • 3~ AFFIDAVIT OF MAILING NOTICES . STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Suzanne Thomas ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 19th day of October , 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. ~~ • 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 9th day of October 2005, at 7:00 p.m. The public hearing will be held in the City Hall theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding office closures on alternate Fridays. APPLICATION/ADDRESS: #06-100 - 20390 Park Place APPLICANT: Saratoga Federated Church • APN: 397-22-012 DESCRIPTION: The applicant requests modification of plans that required the installation of an automatic gate at the Church parking lot access to SR-9, across from Oak Street. When originally planned, the parking lot was to allow traffic ingress directly from SR-9, and the gate was proposed to mitigate potential cut-through traffic into the neighborhood. However, as designed, traffic flows only in a one-way direction providing egress onto SR-9. (THOMAS) 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, November 1, 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. • Suzanne Thomas 408-868-1212 3~ Jam and- Smudge Fnae Printing Use Avery® TEMPLATE 5160® ALLEN, JOHN N & MARY OR CURRENT OWNER I4500 OAK ST SARATOGA, CA 95070-6087 APN: 51710008 BOSTON, BRADFORD J & KAREN OR CURRENT OWNER 14490 OAK PL SARATOGA, CA 95070-5929 APN:39722004 CHEMERIS, PETER OR CURRENT OWNER 20370 ORCHARD RD SARATOGA, CA 95070 APN: 39722033 CRAWFORD, OTTO M & BETTS R TRUSTEE OR CURRENT OWNER 12471 GREENMEADOW LN SARATOGA, CA 95070-3032 APN: 50324054 DOWNEY SAVINGS AND LOAN ASSOCIATION TRUSTS OR CURRENT OWNER PO BOX 6000 NEWPORT BEACH, CA 92658-6000 APN: 50324057 ESPINOSA, GARY H & DIANAGAY J TRUSTEE OR CURRENT OWNER 14510 OAK ST SARATOGA, CA 95070-6087 APN: 51710007 G & G MCCANDLESS PROPS LLC OR CURRENT OWNER 545 MIDDLEFIELD RD 130 MENLO PARK, CA 95025 APN: 39731011 GUN, LEVENT & HEDIYE OR CURRENT OWNER 20385 PARK PL SARATOGA, CA 95070-0000 APN: 39722061 JACKMAN, ERNA B OR CURRENT OWNER '14515 OAK ST SARATOGA, CA 95070-6025 APN: 51709027 KLEAR, ELIZABETH P TRUSTEE OR CURRENT OWNER 20387 THELMA AV SARATOGA, CA 95070-4946 APN: 51709017 ~ www.averycom , ~ gVE17Y® 5160® 1-800-GO-AVERY ; - ! ATLAS PROPERTIES LLC ~ ; , BLOXHAM FAMILY LP . OR CURRENT OWNER OR CURRENT OWNER 48 ATLAS AV 14610 BIG BASIN WY . SAN JOSE, CA 95126-3101 SARATOGA, CA 95070-0000 APN:51710014 APN:50324058 ~; - CALLA PROPERTIES INC OR CURRENT OWNER 540 SANTA CRUZ 215 LOS GATOS, CA 95030 APN: 51709025 COX, FLORA M TRUSTEE ETAL OR CURRENT OWNER 20465 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-5909 APN: 39722011 DAMES, THOMAS W & C H OR CURRENT OWNER 14478 OAK PL SARATOGA, CA 95070-5929 APN: 39722007 ELLENIKIOTIS, ANTHONY J & GEORGIA TRUSTEE OR CURRENT OWNER 14451 CHESTER AV SARATOGA, CA 95070-5624 .APNi 51709020 FITZINIMONS, JOSEPH J TRUSTEE ETAL OR CURRENT OWNER 14611 BIG BASIN WY E SARATOGA, CA 95070 ppN:51709043,51709018,51709044 GALVIN, THOMAS A TRUSTEE ETAL OR CURRENT OWNER 20369 PARK PL SARATOGA, CA 95070-5936 APN: 39722028 CAMPBELL, VIRGIL H TRUSTEE ETAL OR CURRENT OWNER 8750 MCCARTHY RANCH DR SAN JOSE, CA 95135 APN: 39722006 CRANE, DENNIS M ETAL OR CURRENT OWNER 20379 PARK PL ` SARATOGA, CA 95070-0000 APN:39722062 DOMINICAN SISTERS OF THE- CONGREGATION CONS OR CURRENT OWNER 20400 SARATOGA-LOS GATOS RD SARATOGA, CA-95070-0000 APN: 51710015 ENGINEERING INFORMATION SYSTEMS INC OR CURRENT OWNER P.O. BOX 25 • ' SARATOGA, CA 95071-0025 APN:39731020 FITZSIlvII~QONS, MICHAEL D TRUSTEE ETAL ': OR CURRENT OWNER 165 SUMivIERFIELD ST DANVILLE, CA 94506 APN: 51709021 GASIK, JEFFREY F OR CURRENT OWNER 21070 DORSEY WY SARATOGA, CA 95070-5336 APN:51709026 GUNN, SONJA A ETAL HELM, RONNIE L OR CURRENT OWNER ~ OR CURRENT OWNER PO BOX 2095 ~ :14516 OAK ST ' SARATOGA, CA 95070 SARATOGA, CA 95070-6087 APN: 39731008 ' ~ APN: 51710006 JEFFERY, NORMAN B TRUSTEE ETAL KIM, JOUNG S & YOUNG H TRUSTEE OR CURRENT OWNER OR CURRENT OWNER PO BOX 453 7221 SILVER LODE LN SARATOGA, CA 95071-0453 ;SAN JOSE, CA 95120-3356 APN: 39722005 APN: 51709042 LONG, JOSEPH JR & SUSAN D ETAL DAVID J & KATHLEEN .LYNCH, OR CURRENT OWNER OR CURRENT OWNER PO BOX 95 20360 ORCHARD RD SARATOGA, CA 95071-0095 SARATOGA, CA 95070-5937 APN:39722032 APN:39722034 Jam and Smudge Free Printing Use Avery®TEMPLATE 5160® MARTLAGE~ DALE E & CHERYL L USTEE CURRENT OWNER 75 OAK PL SARATOGA, CA 95070-5928 APN: 39722053 `OSTROWSKI, JOHN L & M. CLAIRE ETAL OR CURRENT OWNER 12750 IONE CT ~SARATOGA, CA 95070-3804 ~qPN: 39722045 PROCTOR, FRED J & AILEEN M TRUSTEE ETAL OR CURRENT OWNER 20328 ORCHARD RD SARATOGA, CA 95070-5937 APN: 39722037 ~SARATOGA FOOTHILL CLUB OR CURRENT OWNER PO BOX 2233 SARATOGA, CA 95070-0233 APN: 39722031 ~SERMONE, RICHARD & DIANA TRUSTEE R CURRENT OWNER 94 OAK PL TOGA, CA 95070-5929 APN: 39722003 SINGLETARY, RICHARD B TRUSTEE ETAL OR CURRENT OWNER 20363 PARK PL SARATOGA, CA 95070-5936 APN: 39722027 'SOWOLLA, KRIS A & CAROL A TRUSTEE OR CURRENT OWNER 219 JACKSON ST LOS GATOS, CA 95030-0000 APN: 39722002 iJNIT'IrD STATES POSTAL SERVICE OR CURRENT OWNER 14376 SARATOGA AV SARATOGA, CA 95070-5953 APN: 39722046 SARATOGA FIRE DISTRICT OR CURRENT OWNER 14380 SARATOGA AVE SARATOGA, CA 95070-5953 39722042, 39722019, 39722012, ~L2015 T066 OR CURRENT OWNER APN: 51709063 ~ www.averycom 1-800-GO-AVERY MATAS, FRANK & LETHA J TRUSTEE OR CURRENT OWNER 20385 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-5910 APN: 39722050 OUR LADY PATINA VILLA OR CURRENT OWNER 20400 SARATOGA-LOS GATOS RD SARATOGA, CA 95070-5927 APN: 51710034, 51710009 SARATOGA FEDERATED CHURCH OR CURRENT OWNER ' 14370 SARATOGA AV ' SARATOGA, CA 95070-5953 APN: 39722044, 39722021 SARATOGA LODGE NO FOUR TWO EIGHT IOOF TRUS OR CURRENT OWNER POBOX54 ' SARATOGA, CA 95071-0054 APN: 51710011 SHORT, WALTON & JENNIFER K OR CURRENT OWNER ' 20312 ORCHARD RD SARATOGA, CA 95070-5937 APN: 39722048 SOLOMON, DAVID M & MARGARITA V OR CURRENT OWNER P.O. BOX 3028 SARATOGA, CA 95070 APN:39722060 STYSLINGER, BRIAN & DENISE OR CURRENT OWNER 20375 PARK PL SARATOGA, CA 95070-5936 APN: 39722029 WORDEN, RONALD W & BARBARA S TRUSTEE ETAL OR CURRENT OWNER P.0. BOX 52085 ;PHOENIX, AZ 85072 ' ~ APN: 50324034 T023 OR CURRENT OWNER APN:39733001 CALIFORNIA STATE OF OR CURRENT OWNER SARATOGA-LOS GATOS RD SARATOGA, CA 950?0-0000 APN: 39722020, 39722014 A~/ERY® 5160® MATHENY, N D TRUSTEE OR CURRENT OWNER 470 VANDELL WY STE A CAMPBELL, CA 95008 APN: 51709015, 51709046, 51709047 PALMER, PETER & ANASTASIA OR CURRENT OWNER 14473 OAK PL SARATOGA, CA 95070-5928 APN: 39722052 SARATOGA FEDERATED CHURCH OR CURRENT OWNER 20390 PARK PL SARATOGA, CA 95070 APN:39722023 SCHUPPERT, RICHARD & MARY OR CURRENT OWNER 20350 ORCHARD RD SARATOGA, CA 95070-5937 APN: 39722035 SINGER, PAUL H & TERRI M TRUSTEE OR CURRENT OWNER 20320 ORCHARD RD SARATOGA, CA 95070-5937 APN:39722047 SORENSEN, DAVID L OR CURRENT OWNER 14493 OAK ST SARATOGA, CA 95070-6025 APN:51709024 SULLIVAN, L M & LOUELLA M TRUSTEE ETAL OR CURRENT OWNER 20570 CANYON VIEW DR SARATOGA, CA 95070-5876 APN: 50324059 -YOUNG, RICHARD A & JEAN L OR CURRENT OWNER 20340 ORCHARD RD SARATOGA, CA 95070-5937 APN: 39722036 OR CURRENT OWNER ADDRESS NOT AVAILABLE-5 KK APN: 50324076 SARATOGA CITY OF OR CURRENT OWNER SARATOGA-LOS GATOS RD SARATOGA, CA 95070-0000 ' APN: 39722018 3 b • Attachment 7 C, 3~ • ~r _ CZu~,~o R a~ ~~ 0 RC H A R D .A„~ ^,.a p 56.74 50 50 50 60 60 ! c~ :a \ ~ C p Rte, ~~/ ,~~' 32 ~, 33 34 ~ 35{~ 36 37 . o .~ ~ ° ~~ 204// Q v~e/r ~. ~ PCL 3 ~ -o,3.z.- cr- s l~C-C+1 pa.4~-cs6 ALL b •' S6 44 ~1 50 50 405 - M - 41 a"~P ~ 1 ,~ 2 ~~ ,-'~,~9 ~ J~4 ~; 5 " 3'~ ~ ~ ~ ~ ~ _ s s~ '0 ~, 31 ~ ~ i ~~ ~~~J ~ i `x•311 !:60 ~ 6 f ,,, X62'` 1 1 Z9 P ,`'ham $ `~~`.R ~4a~~~~ i~ '~~° ~~~°~ ~~ ~ ~ JQ' `6~ ~~' ~1 SQ._ ~lVfl ~ ~- ~ t ~ 1 Rf0UES11 R OUST 1 R OU 1 ~ ~ t ~ "~~ ACA ~~~ ~ ~p ~ 1998/991 1998/99 1 1998 99 1 ~ c ® 45 p~, 23 ~4s ~: ~~i7 oYi+'a5 +~ u5. ~i raasa a" ~ ~v a~ ~ 3 0-MAPS-5g ARK L07 e A ~ : r ao 8' 17-19 TC ~ 3az s7.o UNITE D ~°~~ ~ a a ~ "~18 ' ~-~6 7 ~ ',s4 STATES ~ up-~ SDR- i5z '" ~, ~ r 'S LP-39 CDR- ~~' ~ A use ~ v P_' 15 ~1.~•e1-~13 ~ ~ x.214 ~ 46 \~~ " ~~, ~~ ~ ~ ~.EP• ~~ C~' ~ I ~Qt_ ~ 61~ OP ~?Q815 D9.445 y? ~ /9 E 's C o~y'i~i2A /~4'/ so ~ ~. 4 1 a~.~a ~ 14 ~'° p4 ; ; w ~Plti-~ 72 2r~•,y~ ~F~ ~~ ~~ ~ SARATPGA X11 12 ~'~'~'-0.11- FAC Q rr tn.6" ~'~r F a ~" ~„ FlRE QEPT. ~ O + '~c ~0~7 dc, `t• ~ o.oo~ rocs 1 ~, A pp ;., „ STATE V e~ ~ t016J ~ f ~ CI YvOF~ •~~~ ~ •..10.0 J ~~ .9.54 SARAT06A v ' 1-0- 1 s ,~ 44 76.36 rae o1 RESUBDiVI510N a~ocF-•T SARATOGA" LOS GAT Off- ! '~ 1 s i• H w owC f- Q O 1'~{CT'C` ~`i'1-lZ-~t~lvl~ic'L MRM~~~Y .39'1- z~z-~~ ~~ • Attachment 8 • ~9 • d .i ro: ~ i H ~~ ~~ ~ Q -~ ~~ ~ ~ ~ 6 I s~ r ~ ~ ~§ ~ ~ c~ ~ .~ j ~'~~ • • ~ yR • } ' ~ ~o r' N~ 3~~ ~~ r ,.i._~ r = ~~ o\ . . ~ 9 /tel. s ~ ~ ~.. 3 ~~ ~D \, ~ •' Cry m / 'T ~j 'd Sao ~ /r ~~ ~ _ .,. ~p t v) m ~ a . ~ D 0' o ~ ~~ c~ ~5: ~~®~ ........... -~ ' a Fire ]Protection istric ~„ ' Sarato~ yo • _~ '~ • ~~ ~~ ~~~ ~.~ ~~ ,~ ~;~~ ~j~$~ ~~l ~~~I ~~I ~ 1 Item 4 REPORT TO THE PLANNING COMMISSION 9. ~7 y ...- i Applicant No./Location: UP 06-090; Highway 9 and Quito Road Type of Application: Conditional Use Permit for co-location of whip antennas and GPS units, with associated equipment cabinets, attached to utility poles within the public right-of--way of State Scenic " ~ Highv~~ay 9 and Quito Road Applicant/Owner: Crown Castle Staff Planner: Therese M. Schmidt, Associate Planner Date: November 9, 2005 APN: NA -Public Right of Way Department Head: ~~ Highway 9 and Quito Road Highway 9 and Quito Road • • • Application No. 06-090, Public Right-of--Way of Highway 9 and Quito Road EXECUTIVE SUMMARY CASE HISTORY Application filed: 09/09/05 Application complete: 10/18/05 Notice published: 10/26/05 Mailing completed: 10/26/05 Posting completed: 11/03/05 PROJECT DESCRIPTION The applicant requests use permit approval for the installation of five (5) omni directional OpenCell whip antennas, each measuring 8' 3" in length with a diameter of 2", mounted on a 6' extension arm extending laterally from existing utility poles, four (4) of which would be located along State Scenic Highway 9 and one (1) along Quito Road. A GPS antenna would also be attached to each pole for the purpose of E-911 compliance and OptiNet timing management. Associated equipment would be attached to each pole in a cabinet measuring 36"x31"x23." STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. Applicant Letter of Justification. 4. Project Photos/Photo Simulations. 5. RF Exposure Report. 6. Coverage Map. 7. Plans, Exhibit "A." L~ Application No. 06-090, Public Right-of--Way of Highway 9 and Quito Road STAFF ANALYSIS ZONING: Within R-1 Residential Zoning GENERAL PLAN: Residential Low Density MEASURE G: Not applicable PARCEL SIZE: Not Applicable/Placement within the public right-of--way at various locations AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: None proposed ENVIRONMENTAL DETERMINATION: The proposed project, which includes a use permit for co-location of whip antennas and GPS units, with associated equipment cabinets, attached to utility poles within the Public Right of Way of State Scenic Highway 9 and Quito Road, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities. PROJECT DISCUSSION: The applicant (Crown Castle Solutions) requests use permit approval to install five (5) omni directional OpenCell whip antennas, each measuring 8' 3" in length with a diameter of 2", mounted on a 6' extension arm extending laterally from existing utility poles, four (4) of which would be located along State Scenic Highway 9 and one (1) along Quito Road. A GPS antenna would also be attached to each pole for the purpose of E-911 compliance and OptiNet timing management. Associated equipment would be attached to each pole in a cabinet measuring 36"x31 "x23." Crown Castle Solutions is ahub-based, owner and operator of shared wireless infrastructures, including extensive networks of towers and hub facilities. Nearly every major wireless carrier is a tenant on sites that are owned or managed by Crown Castle, including Verizon Wireless, Cingular, T-Mobile, Nextel, Sprint PCS, as well as various state and federal government agencies, and broadband data service providers. The proposed antennas would link with a central hub, which is currently under review under application Number 06-094, and would provide coverage along State Route 9 going east and west between Stoneridge Drive and the City of Monte Sereno, north along Quito Road as far as Woodbank Way, and north along Saratoga Sunnyvale Road, and Saratoga Avenue as far as Herrman Avenue. A coverage. map is provided as Attachment 6: Each antenna system is designed to provide simultaneous service to multiple carriers. At this time Crown Application No. 06-090, Public Right-of--Way of Highway 9 and Quito Road • Castle has contracted with Nextel Communications; however, service is anticipated for additional carvers. The antennas will be placed at varying heights on existing utility poles; however, none of the antennas will extend above the height of the poles. A photo simulation has been provided as Attachment 4. The following is the requested tip height of each site: • Site 2: Antenna tip height of 44' 8" • Site 3: Antenna tip height of 35'6" • Site 4: Antenna tip height of 28'6" • Site 5: Antenna tip height of 32'3" • Site 7: Antenna tip height of 32'6" An RF Emission Compliance Report, dated October 10, 2005, and certified by Klaus _ Bender - a Registered Professional Engineer, verified RF Emission compliance with Federal standards. See Attachment 5. Conditional Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff recommends the planning commission approve the proposed project based on the following findings: • a) That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; and Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications are identified as appropriate conditional uses in the R-1 Singe-Family Zoning District and provides an essential service for the residents of Saratoga. Approval of the Conditional Use Permit would fulfill the general objectives of MSC 15-12, which is to protect the public health, welfare, and safety, of the residents of Saratoga, while protecting and enhancing the quality of life found in single family neighborhoods. b) That the proposed location of the conditional use, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed antennas will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. A certified RF Report Dated October 10, 2005, verified that the proposal would meet required RF standards. The operation and maintenance of the antennas will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3 Application No. 06-090, Public Right-of--Way of Highway 9 and Quito Road c) The proposed conditional use will comply with all other applicable provisions • of the Saratoga Municipal Code. As conditioned, the application will meet all applicable provisions of the Saratoga Municipal Code General Plan Findings The proposed project supports the findings for conformance with the General Plan; therefore, staff recommends the Planning Commission approve the proposed project based on the following findings: Circulation Element Goal 4.0 -Strive for aesthetically pleasing views from all roads in Saratoga and the Sphere of Influence. The applicant is proposing to co-locate five (S) whip antennas and a 36'X31 "x23 "equipment cabinet directly onto five (S) existing utility poles in the public right-of--way along State Scenic Highway 9 and Quito Road. The antennas will be mounted on a lateral arm and will not extend above the existing pole. Co- location will eliminate the need to construct one or more new structures along this stretch of highway while provided coverage to multiple wireless carriers. The proposal will have minimal visual impact. Conservation Element Goa12.0 -Facilitate the safe movement of vehicular traffic . within and through the City, taking into consideration the environmental, historical, and residential integrity of the City. The proposed whip antennas and associated equipment will require routine maintenance approximately once a month and will not generate substantial trip resulting in impacts to the historical and residential integrity of the City or create excessive traffic. Conservation Element Goa16.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed whip antennas and associated equipment will be co-located on existing utility poles; therefore, no additional supporting structures or towers will be required which may have an impact to the rural atmosphere of Saratoga. Safety Element Goal 5.0 - To develop and maintain an emergency preparedness plan, which will provide effective response in the event of.a natural or manmade .disaster. • Application No. 06-090, Public Right-of--Way of Highway 9 and Quito Road The proposed whip antennas and associated equipment would provide alternative emergency response communications for police, fire, paramedics, and other emergency services. Conclusion: The project satisfies all of the findings required within Section 15-55.070 of the City Code. The whip antennas, GPS units and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to wireless facilities. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve the conditional use permit application number 06-090 by adopting the attached resolution of approval. • • • Attachment 1 • RESOLUTION NO. Application No. 06-090 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Crown Castle; Highway 9 and Quito Road WHEREAS, the City of Saratoga Planning Commission has received ~an application for Use Permit approval for the installation of five (5) omni directional OpenCell whip antennas, each measuring 8' 3" in length with a diameter of 2", mounted on a 6' extension arm extending laterally from existing utility poles, four (4) of which would be located along State Scenic Highway 9 and one (1) along Quito Road. A GPS antenna would also be attached to each pole for the purpose of E-911 compliance and OptiNet timing management: Associated equipment would be attached to each pole in a cabinet measuring 36"x31"x23"; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes a use permit for co-location of whip antennas and GPS units, with associated equipment cabinets, attached to utility poles within the Public Right of Way of State Scenic Highway 9 and Quito Road, is • categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of -CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and is consistent with the following General Plan Goals: Circulation Element Goal 4.0 -Strive for aesthetically pleasing views from all roads in Saratoga and the Sphere of Influence. The applicant is proposing to co-locate five (S) whip antennas and a 36"X31 "x23" equipment cabinet directly onto five (5) existing utility poles in the public right-of--way along State Scenic Highway 9 and Quito Road. The antennas will be mounted on a lateral arm and will not extend above the existing pole. Co- location will eliminate the need to construct one or more new structures along this stretch of highway while provided coverage to multiple wireless carriers. The proposal will have minimal visual impact. • Conservation Element Goa12.0 -Facilitate the safe movement of vehicular traffic within and through the City, taking into consideration the environmental, historical, • and residential integrity of the City. The proposed whip antennas and associated equipment will require routine maintenance approximately once a month and .will not generate substantial trip resulting in impacts to the historical and residential integrity of the City or create excessive traffic. Conservation Element Goa16.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed whip antennas and associated equipment will be co-located on existing utility poles; therefore, no additional supporting structures or towers will be required which may have an impact to the rural atmosphere of Saratoga. Safety Element Goal 5.0 - To develop and maintain an emergency preparedness plan, which will provide effective response in the event of a natural or manmade disaster. The proposed whip antennas and associated equipment would provide alternative emergency response communications for police, fire, paramedics, and other emergency servaces. WHEREAS the a licant has met the burden of proof required to support said • pp application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: a) That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; and Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications are identified as appropriate conditional uses in the R-1 Singe-Family Zoning District and provides an essential service for the residents of Saratoga. Approval of the Conditional Use Permit would fulfill the general objectives of MSC 15-12, which is to protect the public health, welfare, and safety, of the residents of Saratoga, while protecting and enhancing the quality of life found in single family neighborhoods. b) That the proposed location of the conditional use, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and • 8 The proposed antennas will operate in full compliance with all state and federal • regulations including the Telecommunications Act of 1996. A certified RF Report Dated October 10, 2005, verified that the proposal would meet required RF standards. The operation and maintenance of the antennas will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. c) The proposed conditional use will comply with all other applicable provisions of the Saratoga Municipal Code. As conditioned, the application will meet all applicable provisions of the Saratoga Municipal Code. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 06- 090 for Use Permit approval ~ and the same is hereby granted subject to the following conditions: Community Development Department 1. The proposed antennas shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. If the subject site is decommissioned in the future, all related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for building permits. 4. Applicant shall provide proof of approval from CalTrans for construction within the public right-of--way prior to issuance of building permits. 5. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 6. Applicant agrees to hold City harmless from ~ all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. • q 7. 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. Santa Clara County Fire District 1. Review of the Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application, and receive from, the Building Department all applicable construction permits. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 9th day of November 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 City Planning Commission. Property Owner or Authorized Agent • • Date ~~ • AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~c~PV /~, ~~~i;a~T ,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 Conunission on the ~?G day of ~fy~c~^ 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 aze the owners of said property who aze 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 aze.those shown on the most recent equalized roll of the Assessor of the County of Santa Claza as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by U, nited States Mail to the addresses shown above. ~-/~ Signed • /3 City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 9th day of November 2005, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, Monday through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the planner noted below. APPLICATION #06-090 -CROWN CASTLE, HIGHWAY 9BIG BASIN . WAY; -THE APPLICANT REQUEST APPROVAL FOR A CONDITIONAL USE PERMIT TO CO-LOCATE AN OMNI ANTENNA AND ASSOCIATED CABINET DIRECTLY ON EXISTING TELEPHONE POLES ALONG • HIGHWAY 9BIG BASIN WAY. THE PROPOSED HEIGHT OF EACH ANTENNA -WILL NOT EXCEED THE HEIGHT OF THE EXISTING TELEPHONE POLES. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Therese M. Schmidt, Associate Planner 408-868-1230 • /h~ r ~~-~. P ~~ ~._` w v , ti~ P np ti ~ f7q ~ r F O ? Q`O ~ % P ~ 5 ~ ~ ~ Q~ ~.,. ~ Q e f ~ o % W \ \ ~\ A h \ y O f f` o. o ~, ~ ~ o b / _ !) K V ``ttr~ii Q ~ ; v k ~ p 9s .°' o M 5i h4,y ~~ O G~ ~ . .~~ oa 1~ ~~ ~ a2~ , aa~ c O: ~~ fOS ~'° °Q4i C O _ O 4 ~ / ~ 1 ~ ~ '// ~/" r „.° ~ 66 ~` C7 ~, y`4`+00, + 1 / ~ir.o• is~s _ ham' 4~ O ~'~ '` ~ N ~ O~ --~- p d+'~G Q ' O of/t/\'/\/ 9, ACC .d, / ~~' ~ ~ s'~ \ iO ewe x Lei ~ ~~ ~ N `~. i ! r b p ~ ~~ ~. p PQ to ~' ~ •- d 4 P'C g i ~ ?~a \ `e P ~ i /~/ O \ O D` OD s ~ f 6~ ~ yOr O 5~ r P e 1 `\ ~i ~ ~4~ ~ f~ yro .F X01 f~ 4 i b 'jam .; O y,~ i dry. ® ti O ' ~4 o' S ~~ r` X i r~^b 60 ~' pp~ °j ~ i R ~ R. ' ay ~o o~p ~ a i O ~ ~ `.Y c r 'Yµ O` q r S g ~\ ~ g`k .` ~ ` ~ y. Otj ~mr $ a ` \ "'\` e '`.r ~ L I g 'Ky µ~ G ~8~` Y ~~ '~d ~ ~ ~ ~ o \~ ~.r) ~~// it ~ ~~ 2 Jb)~ ,Y ~'~ LJ I ~, 7~~ ~ 4g '~\ A BO iati . ~~ w 7 r ~ ~\ y~ ~ p ' ~ ~! of oy ~~ yjd~ / ~' ~ ~. b ~ \~// r W ~~kO F-- NQN Q 0 ~ f U~~ 0 ~~~J z 0 Q ~ ~~U U Qd~ Z IW Z y J W Z O O N tn0 O ~ t0 N ~ ~ ~ O QUv W J ~ ~j~ Zit W N N o '~ ~ O m a~ C /~ , ~ n e i -•~ 1 ~. . 1 Owners ~ MCDONALD RICHARD ~ Address,_.~~~:,= .__, fn- 16011 GRANDVIEW AVE J ~ ~~~=~_ MONTE SERENO CA 95030 410-25-003 2 SGARLATA CARMELO S/COOK CAROLE F 18295 LEXINGTON DR MONTE SERENO CA 95030 410-25-004 3 HAKIM ROBERT & DAWN 18305 LEXINGTON DR MONTE SERENO CA 95030 410-25-005 4 HACKWORTH MICHAEL L & JOAN D 18311 LEXINGTON DR MONTE SERENO CA 95030 410-25-007 5 6 7 KIRKORIAN JOHN & M 1995 TRUST FOSCATO SYDNEY E JR & CATHREN A TRAMIEL JACK & HELEN 18321 LEXINGTON DR 18327 LEXINGTON DR 18331 LEXINGTON DR MONTE SERENO MONTE SERENO MONTE SERENO CA CA CA 95030 95030 95030 410-25-009 410-26-0Ot 410-26-002 8 WESTWIND ENTERPRISES LTD 18380 LEXINGTON DR MONTE SERENO CA 95030 410-26-005 9 SHIBA SEIJI r3< DELLA T 18350 LEXINGTON DR MONTE SERENO CA 95030 410-26-006 10 11 12 MARTIN MARILYN J BELLEW DOLORES M LIN JIMMY J r3< JEANNE C 18340 LEXINGTON DR 18320 LEXINGTON DR 18300 LEXINGTON DR MONTE SERENO MONTE SERENO MONTE SERENO E SERENO CA CA CA CA 95030 95030 95030 95030 410-26-007 410-26-008 410-26-009 410-26-015 13 14 FARRIS RAY K IUBOVONE MARY VALERIE F FARRIS RAY K II TRUST 18335 LEXINGTON DR 18401 LEXINGTON DR MONT MONTE SERENO CA 95030 410-26-016 15 LANDAU JOSEPH R & JUDITH T 15985 GREENWOOD RD MONTE SERENO MONTE SERENO CA CA 95030 95030 510-10-004 510-10-005 16 LI CHENG-MING 8 PI C 15965 GREENWOOD RD MONTE SERENO CA 95030 510-10-013 17 BALMA FRANK R 8 DENISE E 15995 GREENWOOD RD MONTE SERENO CA 95030 510-10-015 18 SMITH CATHERINE H . 18480 DECATUR RD MONTE SERENO CA 95030 510-10-022 19 HERBERT FRANCIS P/LIN LIN C 18530 DECATUR RD MONTE SERENO CA 95030 510-10-024 20 BLAINE SIGRID J 8~ RICHARD C 16041 GREENWOOD RD MONTE SERENO CA 95030 510-11-004 21 GODDARD ALLAN M & ABBY A 16000 GREENWOOD RD MONTE SERENO CA 95030 510-11-005 22 NGUYEN HUNG O 8 LEANNA 15960 GREENWOOD RD TOS RD MONTE SERENO CA 95030 510-11-006 23 MASON THOMAS S 8 CAROLYN L 18310 SARATOGA LOS GA :; n l~ i ~ ~- ~ ^. O 2~ y n O ~/ / ~~ ~ ~~ `` O /^'~ 1..1. i ~ ----- O rozs ~.T O ~~~ O ~\ O 3p~b ~cJ ,,ti- J, ,o. ~, ,a~ .Sg .~ F # viiners~> - O Address G_ ~= ! r - _ State > _ ZIPS .-- z APN,_ ' _ . , 1 . AUYEUNG FRANK FNVONG WING TAN 15441 EL CAMINO GRANDE SARATOGA CA 95070 397-09-001 2 ZANKER WILLIAM D 8. MAXINE M 15401 VIA COLINA DR SARATOGA CA 95070 397-09-004 3 MOGHADAM FARHAD/ZARRINKHAMEH SHOLEH 15440 VIA COLINA DR SARATOGA CA 95070 397-09-005 4 GEE FRANKLIN 8 MARGARET 19264 MONTE VISTA DR SARATOGA CA 95070 397-09-006 5 SCLAVOS STRATTON D 1£ JODY L 19222 MONTE VISTA DR SARATOGA CA 95070 397-09-007 6 JIANDANI MOTI K & SONI M 19188 MONTE VISTA DR SARATOGA CA 95070 397-09-008 7 GUDAPATI ROSHAN/MEKA KRISHNAVENI 19170 MONTE VISTA DR SARATOGA CA 95070 397-09-009 8 DINAPOLI JOHN B & MELINDA M 19120 MONTE VISTA DR SARATOGA CA 95070 397-09-010 9 MAIR JAMES D 8 GRETCHEN W 19221 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-09-035 10 FARMER DENNIS W & ANGELA R 15485 EL CAMINO GRANDE SARATOGA CA 95070 397-09-042 11 MORSE JOHNS & ANNETTE R 15463 EL CAMINO GRANDE SARATOGA CA 95070 397-09-043 12 MARVIN CLOYD E & MARY KAY 15355 VIA COLINA DR SARATOGA CA 95070 397-10-002 13 LIAO 2005 TRUST 19310 SARATOGA LOS GATOS RD SARATOGA CA 95070 510-06-007 14 BACCI DONALD P & BLYTHE T 19261 CITRUS LN SARATOGA CA 95070 510-06-043 SARATOGA CA 95070 510-06-047 15 BELL WARREN M & LEE M 19234 CITRUS LN 16 WU HENRY C & VICTORIA W 19290 SARATOGA LOS GATOS RD SARATOGA CA 95070 510-06-049 17 SPINAZZE ROBERT A & GEORGIANNA 19220 SARATOGA LOS GATOS RD ~ SARATOGA CA 95070 510-06-050 18 SPINAZZE ROBERT A & GEORGIANNA 19249 CITRUS LN SARATOGA CA 95070 510-06-051 19 RIDER ADELINE M 19202 CITRUS LN SARATOGA CA 95070 510-06-055 20 HALL STEPHEN D & LOUISE M 19201 BOUNTIFUL ACRES WAY SARATOGA CA 95070 - 510-06-057 IFUL ACRES WAY SARATOGA CA 95070 510-06-058 21 THOMAS MIWAKO 19239 BOUNT SARATOGA CA 95070 510-06-062 22 GOSS CHARLES L & YVONNE J 19180 AUSTIN WAY _ • /~ ~ . ~/ d- ~\~y E6~Ola ....,- ~ \a~ N ,~..o, ti~ ~• ~. 1 ~~I I~ ~-s „~r \ ~ -•~\ 4ti J ~b - ~C• ~ `~ ~~~a rP r a p ~ ~~ ~~~ ~ .ya /Nd°/ \~. ~ / yL ~,1~ \~51u9 '~ w~ O •• J O Z/-••'~ y~ N ~ O ; s. 2• s ~'. 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Q .. u+ N ~."iiT atu ~ ~~ ~ ~\ `~ ~ C, ~ ~ - s ` ?~ ~ ~ 1t ~ )/@ ` ~` ~ ~ , ~ / \ ~~ C ~~ c~ ~1 i~ =l ~ ~~ r 1 /~ ~ ~ ' 1 1 ~'~\ 1 J `` 1 ~. , .' .. ~ / ^O y~~ ~r '~ • i OR' ~'a \~b ~\ ~/~qy~m O~ ~i// c~ ~/ ~ / ~b& o~ 0 z -) O =o,--___ Opp N O J ~~N ~ aD Q II Q o ~ r" U~~ ~M~J ~ZOa ~ a~U U Q~tn 0 z w 0 z J W Z 0 N m o ~ N C ~ ~ N ~ O ~' Q v 3 C) ~~~ WNW N O ~ 01 ~ N m /9 ~..,r u w+ „ ,~ x :z '±, w,, R k7d' "'~ 4y # . v ~ v Owners ~ , - " Address= :.~ „,.. __ C t~~ . r _~ ~ MONTE SERENO $tete CA LPG 95030 397-08-006 1 2 3 4 5 BROWN RICHARD W & ELLEN M SCHINDLER RONALD P & ADA H MORALES HENRY & SHIRLEY M NAGEL MILFORD E TABARI LEELA J 18765 AUSTIN WAY 15561 QUITO RD 15575 QUITO RD 15515 MONTE VISTA DR 15510 MONTE VISTA DR R MONTE SERENO MONTE SERENO SARATOGA SARATOGA SARATOGA CA CA CA CA CA 95030 95030 95070 95070 95070 397-08-009 397-08-010 397-08-053 397-08-054 397-08-061 6 ROBERT SUSAN 18736 MONTEWOOD D SARATOGA CA 95070 397-08-062 7 W ILLIAMS ROBERT J & CAROLE A MONTEWOOD DR MONTE SERENO CA 95030 397-08-086 8 STEINBORN CATHRINE/JOHNSON FORD 18740 AUSTIN WAY MONTE SERENO CA 95030 397-08-087 9 SALVATORE WAYNE & STELLA 18726 AUSTIN WAY MONTE SERENO CA 95030 397-08-088 10 CHANG HANK & YUNGHWA L 18718 AUSTIN WAY SARATOGA CA 95070 397-08-098 11 WATKINS DAVID & LAURA TRUST 18700 MONTEWOOD DR MONTE SERENO CA 95030 397-08-103 12 NAKATANI HIROKO T 18681 AUSTIN WAY MONTE SERENO CA 95030 397-08-107 13 FERGUSON PATSY A 15601 QUITO RD. RD LOS GATOS CA 95030 510-08-018 14 MOROSIN ENTERPRISES INC 18840 SARATOGA LOS GATOS RD LOS GATOS CA 95030 510-08-019 15 MOROSIN ENTERPRISES INC 18840 SARATOGA LOS GATOS LOS GATOS RD LOS GATOS CA 95030 510-08-021 16 STONE PETER G 8 ANN M 18740 SARATOGA OS RD LOS GATOS CA 95030 510-08-022 17 BAKHTIARI OSCAR 8 SORAIA 18800 SARATOGA LOS GAT S GATOS RD LOS GATOS CA 95030 510-08-023 18 HO HUEI-MIN & KAY C 18700 SARATOGA LO TE DR LOS GATOS CA 95030 510-08-024 19 FARR OMID M 18685 SERRAMON LOS GATOS CA 95030 510-55-001 20 KOBER FREDERICK A & SYDENE W 18705 SERRAMONTE DR • • • ~~ . •~ ~ ~~: i ~' •~ ' -- fj bb~ _~ 9q'ZZt ~ ~ / ~ M ' ~ o q c ~' ~ I u ~ ~ °'OO hry^. r n ~~ ~ C -9e: ~~+ ~ ~/" O g iQ_-__ 96'SlZ ~~~ I~SI ~;~ .M.31l~. 1S 39 a e ~ ~_ rn r • C ~ 6- r` t~^, '4 z~f Zo'r1 - Y 9Z'E6 LE'9bq b~b,9 ~ . - o9z ~ ° O =~~. 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O p 'fs'671 ~ ~ ~ ~ I O mi M ~ ~ PEPPER A ~ OF~~CE NIA I ~ O _ '~• O - m ~~ OQO ~ t' O ~ ~1 ! a _ :'~ ~~ \ , r ry~C ` ~~~` ~ ~ ~ ~~ O I ~( h ~ - '8 ----~'-----! ~ ~ • ,O ~szss '~-=~--'- 1y ~-'--- ... ... .--'-- ---~ s ~ . ~ _ ---~ a ~------ a a ti ----------- ~~----------; Q. ----- ~--~,.--------~---------------- ~ a 4 .7 E ~ x -, e. e vm, ~ o ~ ---- --~~--------F-------,m-------- i ' I, 1 ~Li ___ ____- ~ e A ~ -aC R1 ~x_____ _______ Ni`R-__--_ .p4~__-____ - ~ 9 Y s g 0 4 d ~ O ~ OZON Q~~~ r U ~ F.: U ~ °iww O ZOa ~ a~U U Qacn O z w O z J lY w z 0 w a a N m o I N ~m~ H ~ O 6~~~ 3 ~~~ U ~ j H N N ~ O ~~ ,. «..: , clri ~~~ate ,rte ~-~ J QWfl8~8 . ~' ._ PAL NORMA E TRUST rwu~.vaa 19731 THREE OAKS WAY - -..-•' -~ - _. SARATOGA -. ___ CA 95070 397-18-042 BELOGORSKY MARIE 19761 THREE OAKS WAY SARATOGA CA 95070 397-18-043 FRIEDLE RONALD H & JULIA B 14945 THREE OAKS CT SARATOGA CA 95070 397-18-104 ' KRALL DAVID & KAREN 19720 THREE OAKS WAY SARATOGA CA 95070 397-19-001 ROBINSON KARL W & THERESA L 19670 THREE OAKS WAY SARATOGA CA 95070 397-19-002 TINSLEY VICTOR E & MARINE D 19699 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-19-017 INMAN RONALD D & PATRICIA 19711 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-19-018 WALKER DUANE 8~ DORIS 19733 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-19-019 SHANNON HARRY L & SUE A 19765 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-19-020 SZETO PAULINE L 19770 THREE OAKS WAY SARATOGA CA 95070 397-19-021 MERNA L & FRANK W ISIDORO 15041 PARK DR SARATOGA CA 95070. 510-01-005 . YOUNG OTIS P & TESSIE J 15101 PEPPER LN SARATOGA CA 95070 510-01-024 ~ 15121 PEPPER LN SARATOGA CA 95070 510-01-025 KLEIN JEAN C PARDEN JAMES A/READ-PARDEN LISA M 15141 PEPPER LN SARATOGA CA 95070 510-01-026 NEALE DAVID E & ANNE P 15081 PEPPER LN SARATOGA CA 95070 510-01-046 RAMAKRISHNAN T S & KALPANA 15020 PARK DR SARATOGA CA 95070 510-01-047 WILLIAMS DAVID M & AMY H 15160 PEPPER LN SARATOGA CA 95070 510-03-007 FRANKOLA JAMES W & PAMELA D 15140 PEPPER LN SARATOGA CA 95070 510-03-008 PERAZZO JAMES & ELEANOR 15100 PEPPER LN SARATOGA CA 95070 510-03-009 19730 SARATOGA LOS GATOS RD SARATOGA CA 95070 510-03-019 TEYMOURI SASAN 8 11 12 5 1E • • • ~~ ' '~ ~ ~: .\ dpys~s os~ ~ ~ dpy ' ,'v ~ L+. ~/ ~~~ i `*'.\ _~ 9.}•=3-- iii ~_ ~~ ?; 1 ..~ .~~.~~~ T it i ~ .~ VJ .~ '^ ' ~/ ' Ll `~ z off. ^ ~a ~~ 4~ ,b ~ ,r. ~ `~ ~~ ~y ~ . 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L L9L` O 6/ :>~ gi~•f.~l „ ~ ~ / a ~ tr •Lo~.6rE ^. Oq <. gg. ~ ~~ { d• 0 68, ~= O ~ Q 3 ~ - 9, r.. r /bO r „ L9,g1 . c ~ o ! •FF£ ro ~ ^.^. , d ~•e$ ~~ e \h O zs'soz c a . o>r ~ ct •r~y N Vi ~ l he 6Z ne ~ ^ by gC~E•EL~ ``•' ~ _- '~~ r ~ b ~'° `~& I°- ' 0 • 5~ 1 N ~ ~ S N j c uL ". ~st~, ~h ~' sc~ 4 ~ ,~ - ~, oe b re rft .,so•y2 b 2 ^a k~ ~'~~F•6 L'~~ h° `oro h\ ~ `ba ` ``Z\~ y F O' „ h~ ~~ `- ~ ~° ss F ~ 1 i ~ ~, ~ •. J Oti0 ~ ~ O N M ~ ~Q II U ~~~ 0 LL '~ J ~ ZOQ ~ a~U U Q a. c~ Z w 0 z J w 3 O W a a N o I m a ,~ m y~0 3~~ ~~~ z~l w N N o iD ~ ~ m ... ~: ~~ # . ` 1 Owners::,;- PHILBRICK VINCENT J & MARGARET J Address _ _, _ 15200 ORIOLE WAY City ~~~. , SARATOGA States CA D -, 95070 ,AP.I{ 397-07-015 2 DEVLIN SAMUEL R 15160 ORIOLE WAY SARATOGA CA 95070 397-07-016 3 VIGOUROUX JOHN & KRISTA 15295 SOBEY RD SARATOGA CA 95070 397-07-043 4 RUMSEY ROBERT W & FRANCES C 15285 SOBEY RD SARATOGA CA 95070 397-07-044 5 RULE WILLIAM T & AMY 15317 SOBEY RD SARATOGA CA 95070 397-07-045 6 BECK CLARK & MARIA T 15300 SOBEY RD SARATOGA CA 95070 397-07-076 7 SATHAYE SHIRISH S &ARCHANA 15315 SOBEY RD SARATOGA CA 95070 397-07-081 8 SATHAYE SHIRISH S &ARCHANA 15315 SOBEY RD SARATOGA CA 95070 397-07-083 9 HINSHAW JAN A & JEANNETTE 15227 QUITO RD SARATOGA CA 95070 397-07-108 10 MARINO CHARLES A & PATRICIA A 15185 QUITO RD SARATOGA CA 95070 397-07-111 11 CHOI 2005 TRUST 15201 QUITO RD SARATOGA CA 95070 397-07-112 12 FOLK ROY E & DAISY M 15314 SOBEY RD SARATOGA CA 95070 397-07-113 13 BEDFORD ROBERT D & CHRISTINE A 15229 QUITO RD SARATOGA CA 95070 397-07-114 14 BOYLE ROBERT D & LAUREN R 15231 QUITO RD SARATOGA CA 95070 397-07-115 15 GILBEAU AUDREY J & KENNETH W SARATOGA CA 410-37-016 16 GILBEAU AUDREY J & KENNETH W 18600 TWIN CREEKS RD SARATOGA CA 95070 410-37-017 17 MALYSZ EDWARD F & PATRICIA F 18459 TWIN CREEKS RD MONTE SERENO CA 95030 410-39-005 18 GROFF JAMES R & DAELENE C 18467 TWIN CREEKS RD MONTE SERENO CA 95030 410-39-006 19 LONBERGER ROY V & CAROL A 18527 TWIN CREEKS RD MONTE SERENO CA 95030 410-39-010 20 WEIGHT DAVID J & SHARON L 18601 TWIN CREEKS RD SARATOGA CA 95070 410-39-014 21 BORDELLO STEVEN J & SUSAN L 18657 TWIN CREEKS RD SARATOGA CA 95070 410-39-015 22 LLOYD ROBERT/STEADMAN KAREN SARATOGA CA 410-39-016 23 LEXOR INVESTMENTS INC SARATOGA CA 410-39-017 24 ABIOG ANTHONY A & GISSIA B 15276 QUITO RD SARATOGA CA 95070 410-40-001 25 VANAKEN PHIL & CHRISTINE 15254 QUITO RD SARATOGA CA 95070 410-40-002 26 S C V W D/STRAFORD STRAFORD CT MONTE SERENO CA 95030 410-40-006 27 IWAGAKI KENNETH J & MARTHA M 15292 STRATFORD CT MONTE SERENO CA 95030 410-40-025 1~ u ~~ • Attachment 3 ~~ BMS COMMUNICATIONS INC ~~ Letter of Justification 1. The proposed conditional use will not be detrimental to the public health, safety or welfare, nor be materially injurious to property or improvements in the vicinity; Unlike other land uses, which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunications facilities aze based on technical requirements which include service area, geographical elevations, alignment with neighboring sites and customer demand components. Placement within the urban geography is dependent on these requirements. Accordingly, wireless telecommunication facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in all locations. The proposed facility at the subject location will not be detrimental to the character of development in the neighborhood for the following reasons. It will be unstaffed, have no impact on circulation systems, and generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage azea wireless access to the rapidly expanding communications infrastructure by providing voice and data transmission services not currently available. The installation of antenna sectors and transmission equipment will not result in any material changes to the character of the local community. This proposed wireless telecommunications facility will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. 2. The proposed conditional use is compatible with existing and future uses to the extent those are known, and will comply with each of the applicable provisions of the Zoning Ordinance...; Since their introduction, wireless telecommunications systems have proven to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.) and natural disasters (earthquakes, floods, etc.) where normal land line communications aze often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi-governmental agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proven to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications system networks are desirable in the interest of public convenience, health, safety, and welfare, and thus are proper in relation to the development of the community. The proposed project wilUdoes not incur automobile use nor pedestrian access. s Crown Castle Solutions BMS COMMUNICATIONS INC. { ~~ 3. I the proposed Conditional Use Permit affects land located within the coastal zone, .f the proposed conditional use will comply with the provisions of the land use plan of the Certified Local Coastal Program This project. is not located within the coastal zone. 4. Based upon information available at the time of approval, adequate- utilities, access roads, drainage and other necessary facilities exist or will be provided to serve the proposed use. This project will have adequate utilities provided to it by the existing building that it will be located on. • • Crown Cast/e So/utrons ~a 3fl /f Q CROWN UU 1 ~~TLE sITE 1s N/S OF SARATOGA LOS GATOS RD 185' W/O GREEN WOOD RD MONTE SERENO, CA POLE # GT29589 • • /~ CROWN uu r ~~TLE SITE 7B N/S OF SARATOGA LOS GATOS RD 165' W-O GREEN WOOD RD MONTE SERENO, CA POLE # GTZ9589 Omni Antenna Y~ _ y __ .`~...4.~..._::. ~a 4XD-G2 Cabinet 6M5 •00 ^NONANT~D •A• • Y 1T^ 101 •IYI TALL~T OA 00000 TNLHOB OL7-11N Ewa Oe~ ats-Oleo IIID~i'Jf Ilv CCSIOYNI llp~OtNM~~ /J(~ CROWN ~(/ ~ CASTLE cun~ YAlINAFi tLl ~ LOCATION NAME lye ~ , ~~~ Y/O ollEa+ woo YOIRE X110. G Antenna Node 1 Photosimulatfon CROWN ~- CASTLE SITE 2 N/S SARATOGA LOS GATOS RD 535' E/O AUSTIN WY SARATOGA~CA POLE # GT988D9 6M5 ne eroxunr •wT •YIT• f01 •1ri ~u~rT ow uo~~ n1so~ ~a•-vet ^w>c ao~ uo-oaro 1no~a.Tr0.~ ocsluse neieorrre. j /J~ CROWN !(/ ~ t:ASTtE cnowN c~ttF so~unoMs noo ~.d-umtux a~vn, sm sro wrrr~w aaao i Antenna Node 2 Existing Utility Pole 33 CROWN CASTLE SITE 2 N/S SARATOGA LOS GATOS RD 5S5' E/O AUSTIN WY SARATOGA,CA POLE # GT98609 3'7 CROWN CASTLE ~~ SITE 3 S13 OF SARATOGA LOS GATOS RD 164' WIO CITRUS LN SARATOGA~CA POLE # GT31464 ~ rgi ` a l 4 r .~~ '.4i ~~ }. yr. ~}. - _ /~ ' 0. •~ lV - ~~ _'1 ~ ~ - _~~ ~' ~ ~+ ' - ns rlelArne sAr y ! +p UYI •1 LLlt' OA rt0/! ~{ - f TlLYOY !!/-ilA - MiYlO !//-•!!O , ~ i i ~i I I y ~_ ~ .~ 1 !lD~I~~r0.• U - s p . tl3/62f! op ntn 1F ~._ _- ~ _ ? - 0-16-ot N1C.t.T MIY~ 9~~ 1 5~ ,t~ t~ - t'r ~, ;= .- ~±,;." ~ cROwN ~ ~~~ ,' - - x ao,a,~o, ~a ~~ ~ g ~ ww ~~ A `~~ _ . ~ - - ~ - :.,. ~, ~= t; - ~:; ~~ ~ r?_ .~ i '~~, .~ ~ ~ ~~~ s~~~i~?'~~L~T~'w_ LOCATION NAME 9 ~ ~ - 3= ~ - r ~ ~ I ~. - Y~, ~~, _"`A} _ ~ _ Antenna Node 3 Existlng Utility Po cROwN . casr~ ,~ SITE3 SIS OF SARATOGA LOS GATOS RD 164' W/O CITRUS LN SARATOGA~CA POLE # GT31464 9 s/s ov swurm~ ins araos io ,a.• ego amp w swama~ a Antenna Node 3 Photoslmuletlon I 3~ /~ CROWN UU 1 ~r~ SITE 4 NE/S/O SARATOGA LOS GATOS RD 340' SW/O PEPPER LN SARATOGA,CA POLE # NT ~. ooseeoa~rreo tr~r euir[ tet nr~v~t.t.~r e~owq Woos ee•-tut r~: •o• se•-uu tttosar rn. eastsm tnattt~teorttr e-ts-oa nioaertwte. ~(f f CASTLE cnowMCeanF sa,.unawe noowraunr~un alve. sre eoo ~~ Nr oeao ~. ~~ LOCATION NAME 4 ~ro ~~~ ,b• ew~o t~ ~,+ svuroo~ a Mtenna Node 4 Existing Utility Pole 3~ /~ CROWN UU Y ~~T~' SITE 4 NE/S/O SARATOGA LOS GATOS RD 340' SW/O PEPPER LN SARATOGA~CA POLE # NT s • i ~ cROwnr ~asr~F LOS GATOS RD 188' SiE OF CARNELIAN GLEN COURT SARATOG/4~ CA POLE # PT6010-1 LOC STION I I NAME ~~~ ,~~~oF ~~. ~ _ ~ Antenna Node 5 I I Kisting UGliry Pole J /~ 3 cROw~v CASTLE LOS GATOS RD 188' S1E OF CARNELIAN GLEN COURT SARATOGA/CA POLE # PT6010-1 '~ i ,` ~ ~, F ~ t '~ - ~ '~~ ,~ :` ~ sr s ^ v~ t F--~ ~ ~~ ~~ _ i ~ ~ a _~ - ~' - -; - - + ~~ Omni Antenna ~~ x ~ :mot _ ..~ 4XD-G2 Cabinet ~"~ 111 ^YOYAIIT^Y •A• •ulT^ +el /IYI YALL!• OA •101/ TYL•1q 11•-1111 /AI Pot ^e1-Ia1o IIID~l0~110~~ alsmrn glgM~~ORiq l-+e-w l14gDTYliq~ ~ r ~ast~ ~~.~~ ~~~ o~ LONAME N 5 ~~~ ,!!~ ~ of ~I/ ~+ mislr swwon~ rr Antenna Node 5 Photosimulffiion ;~o CROWN CASTLE SITE 7 EIS OF QUITO RD 252' NIO TWIN CREEKS RD SARATOGA,CA POLE 0 GT7029760 ~I CROWN CASTLE , SITE 7 E/S OF QUITO RD 252' N/O TWIN CREEKS RD SARATOGl4~ CA POLE # GT1029160 ~~ • Attachment 5 ,~3 ~. :f ~~ Q~ "' / r^ v 1r 1. ^ O ~.; 1 r; hI W ~i ~`' W ~ ~ ~ ~ Q .~ . ~ ~ J ~ ~ i 3 3 , , ~ _ - • - - - - • ~ O CC G CC G ~( O M W t ~ . 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J w C ~ d ~ o ~ ~ i y CO N Q, = O 0 0 i d - - ~ ~ ~ o ~ v ~ ~ o _ . w = _ ~ N ~ ~ V ~ i ~ W ._ ~ = Q .~ N V a ~ to ~ -a ~ ~ i o ~ _ d ~ ~_ ~ L 0 ~ G1 N ~ ~ ; ~ ~ . ~ ~ . ~ ~ ~ V ~ ~ ~ ~ x ~ L V a ~ t~ ~ as ~-+ N ~ Z ._ w ~ ~ e~ Z .- = t~ ~~ ~ ~~. ~,~ .; "': ~ ~ %- ~ ~ ~---4,,. f ~ ~ ~` ~'` ~, ~ her ~?~~ ~ ,`~ ~ ,, ~ _ °~ s ,~ ~ O (,~ Q. ~ ~ _ O '~ G1 O ~ ~- ~ ~ •i~ ~ ~ .~ _ a.+ ~ c~ ~ ~_ .~ ~ ~ ~ i ~ ~ i Q, ~AA++ O W W ~ N C Z~ ~-=~• ~, ~~- V ~ 0 U ~', '' a~-+ U ~L ~ a .o ~ o~~, a ~° ~~,~ ~~~ ~~w cC U a~ ~ o Q ~ U ;~~ :~ = o ~ O N V O i,` ~~ ~F O V 0 O'A V/ N O L V ~• ~"~ .~ .': RF EMISSIONS COMPLIANCE REPORT Crown Castle Solutions Site: Dual Band Cellular / PCS Test Site 35' Guyed Pole 10/10/2005 Report Status: ~o astle olut~ ~ s is er ~~~ ~esoi Prepared By: SiteSafe, Inc. 200 North Glebe Road, Suite 1000 Arlington, VA 22203 Voice 703-276-1100 Fax 703-276-1169 ,~5 Engineering Statement in Re: Electromagnetic Energy Analysis Crown Castle Solutions 35' Guyed Pole Upon penalty of perjury, I, Klaus Bender, state: That I am registered as a Professional Engineer in the Commonwealth of Virginia; and That I have extensive professional experience in the wireless communications engineering industry; and That I ain an employee of Sitesafe, Inc. in Arlington, Virginia; and That I am thoroughly familiar with the Rules and Regulations of the Federal Communications Cormnission ("the FCC" and "the FCC Rules") both in general and specifically as they apply to the FCC's Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields; and That I have examined the technical information supplied by Crown Castle Solutions (See attached Computation Worksheet, "the worksheet"), and that Crown Castle Solutions's installations involve digital communications equipment, antennas and associated technical equipment at a location referred to as the "Dual Band Cellular / PCS " ("the site"); and That Crown Castle Solutions proposes to operate at the site with directional transmit antennas and with a maximum effective radiated power as specified by Crown Castle Solutions and shown on the worksheet, and that worst-case 100% duty cycle have been assumed; and That this analysis has been performed with the assumption that the land immediately surrounding the tower is primarily flat or falling; and That at this time; the FCC requires that certain licensees address specific levels of radio- frequency energy to which workers or members of the public might possibly be exposed (at § 1.1307(b) of the FCC Rules); and That such consideration of possible exposure of humans to radio-frequency radiation must utilize the standards set by the FCC, which is the Federal Agency having jurisdiction over communications facilities; and That the FCC rules define two tiers of permissible exposure guidelines: 1) "uncontrolled environments," defined as situations in which persons may not be aware of (the "general public"), or may not be able to control their exposure to a transmission facility; and (2) "controlled environments", which defines situations in which persons are aware of their potential for exposure (industry personnel); and That this statement specifically addresses the uncontrolled environment (which is more conservative than the controlled environment) and the limit set forth in the FCC rules for licensees of Crown Castle Solutions's operating frequency is shown on the attached computation worksheet; and r~ 1 of 9 ~ ~~, ~~;, • That when applying the uncontrolled environment standards, the predicted energy density from the proposed Crown Castle Solutions operation is no snore than 0.126% of the maximum in any accessible area on the ground; and That it is understood per FCC Guidelines and OET65 Appendix A, that regardless of the existent radio-frequency environment, only those licenses whose contributions exceed five percent of the exposure limit pertinent to their operation(s) bear any responsibility for bringing any non- compliant area(s) into compliance; and That when applying the uncontrolled environment standards, the cumulative predicted energy density from the proposed operation is no more than 0.159% of the maximum in any accessible area on the ground; and That access to the tower will be restricted to communications industry professionals, and approved contractor personnel trained in radio-frequency safety; and That the Occupational Safety and Health Administration has policies in place which address worker safety in and around commmlications sites, thus individual companies will be responsible for their employees' training regarding Radio Frequency Safety. In surmnary, it is stated here that the proposed operation at the site would not result nl exposure of the Public to excessive levels ofradio-frequency energy as defined in the FCC Rules and Regulations, specifically 47 CFR 1.1307 and that Crown Castle Solutions's proposed operation is completely compliant. Finally, it is stated that the instant analysis does not address exposure levels within the secured area of the site, on the tower, or in the immediate proximity of the antennas. Therefore, this analysis is only appropriate as a partial filing with the FCC as a means to meet the regulatory requirements appropriate for licensing. ~~ ~-~-_ Klaus Bender Registered Professional Engineer Commonwealth of Virginia Reg. No. 0402-039384 _loi_o7_i 2oos_ too, 393 2of9 ~ ~~ ~.: '/ Crown Castle Solutions Dual Band Cellular /PCS Site Summary S Carrier Area Maximum Percentage MPE Cellular Operator 0.126 PCS Operator 0.033 Composite Site MPE: 0.159 3 of 9 ~~ ~~..~. --` ~~ Cellular Operator Dual Band Cellular / PCS Carrier Summary Frequency: 824 MHz Maximum Permissible Exposure (MPE): 549.33 NW/cm^2 Maximum power density at ground level: 0.69469 NW/cm^2 Highest percentage of Maximum Permissible Exposure: 0.12646 On Axis ~ Area Antenna Make Model Height ~ EMS Wireless- M848RR650200_800 32 EMS Wireless MB48RR650200_800 32 • Orientation Max Power Max Power (degrees Density Percent of Density Percent of true ERP Watts W/cm^2 MPE W/cm^2 MPE 0 50 0.528853 0.096272 0.692601 0.12608 180 50 0.528853 0.096272 0.692601 0.12608 4of9 ~ - `*-,~- ~~-~q PCS Operator Dual Band Cellular /PCS Carrier Summary Frequency: 1850 MHz Maximum Permissible Exposure (MPE): 1000 pW/cm^2 Maximum power density at ground level: 0.3259 NW/cm^2 Highest percentage of Maximum Permissible Exposure: 0.03259 On Antenna Make EMS Wireless EMS Wireless Orientation (degrees Model Height (feet) true) ERP (VV MB48RR650200_1900 32 0 29 M648RR650200 1900 32 180 29 Area Max Power Max Power Density Percent of Density Percent of W/cm^2 MPE W/cm"2 MPE 0.238388 0.023839 0.324819 0.032482 0.238388 0.023839 0.324819 0.032482 • • • 5of9 ;: Q Cellular Operator !~ Dual Band Cellular / PCS EMS Wireless:MB48RR650200 Antenna Worksheet (0 Sector) Maximum Permissible Exposure (MPE): 549.33 Height ERP (Watts): 50 (feet): 32 NW/cm^2 Frequency Downtilt (MHz): 824 (Degrees): 0.0 Dist From Depression Relative Slant Distance Structure Power Density Times Below Angle (degrees) Relative dB Gain (meters) (meters) (NW/cm^2) Percent of MPE MPE 0.1 -0.11 0.9750 4728.98 4728.97 0.000075 0.000014 7368427 1.0 -0.20 0.9550 472.92 472.85 0.007454 0.001357 73691 2.0 -0.50 0.8913 236.50 236.35 0.029809 0.005426 18428 3.0 -0.80 0.8318 157.70 157.49 0.067036 0.012203 8194 4.0 -1.20 0.7586 118.32 118.03 0.119090 0.021679 4612 5.0 -1.70 0.6761 94.70 94.34 0.181924 0.033117 3019 6.0 -2.40 0.5754 78.96 78.53 0.256070 0.046615 2145 7.0 -3.20 0.4786 67.73 67.22 0.326174 0.059376 1684 8.0 -4.20 0.3802 59.30 58.73 0.398605 0.072562 1378 9.0 -5.40 0.2884 52.76 52.11 0.461803 0.084066 1189 10.0 -6.90 0.2042 47.53 46.81 0.510600 0.092949 1075 12.0 -10.40 0.0912 39.70 38.83 0.528853 0.096272 1038 14.0 -16.40 0.0229 34.12 33.10 0.444497 0.080916. 1235 16.0 -30.80 0.0008 29.94 28.78 0.300787 0.054755 1826 18.0 -22.50 0.0056 26.71 25.40 0.133396 0.024283 4118 20.0 -16.50 0.0224 24.13 22.68 0.156440 0.028478 3511 22.0 -14.20 0.0380 22.03 20.43 0.187381 0.034111 2931 24.0 -13.40 0.0457 20.29 18.54 0.220559 0.040150 2490 26.0 -13.70 0.0427 18.83 16.92 0.255471 0.046506 2150 28.0 -14.70 0.0339 17.58 15.52 0.292167 0.053186 1880 30.0 -16.50 0.0224 16.51 14.30 0.330446 0.060154 1662 32.0 -19.30 0.0117 15.58 13.21 0.317972 0.057883 1727 34.0 -23.60 0.0044 14.76 12.24 0.260578 0.047435 2108 36.0 -3'1.70 0.0007 14.04 11.36 0.174066 0.031687 3155 38.0 -36.50 0.0002 13.41 10.56 0.090931 0.016553 6041 40.0 -28.20 0.0015 12.84 9.84 0.065341 0.011895 8407 42.0 -24.40 0.0036 12.33 9.17 0.076784 0.013978 7154 44.0 -23.10 0.0049 11.88 8.55 0.085931 0.015643 6392 46.0 -22.70 0.0054 11.47 7.97 0.091617 0.016678 5995 48.0 -22.50 0.0056 11.11 7.43 0.097097 0.017676 5657 50.0 -22.90 0.0051 10.77 6.93 0.102453 0.018650 5361 52.0 -23.70 0.0043 10.47 6.45 0.107519 0.019573 5109 54.0 -24.60 0.0035 10.20 6.00 0.105305 0.019170 5216 56.0 -25.70 0.0027 9.96 5.57 0.098259 0.017887 5590 58.0 -27.00 0.0020 9.73 5.16 0.083756 0.015247 6558 60.0 -28.40 0.0014 9.53 4.77 0.072713 0.013237 7554 62.0 -30.20 0.0010 9.35 4.39 0.056442 0.010275 9732 64.0 -32.70 0.0005 9.18 4.03 0.042626 0.007760 12887 66.0 -35.90 0.0003 9.03 3.67 0.030730 0.005594 17876 68.0 -40.00 0.0001 8.90 3.33 0.020249 0.003686 27129 70.0 -40.00 0.0001 8.78 3.00 0.010475 0.001907 52443 72.0 -40.00 0.0001 8.68 2.68 0.004953 0.000902 110901 74.0 -40.00 0.0001 8.59 2.37 0.003163 0.000576 173675 76.0 -40.00 0.0001 8.51 2.06 0.003184 0.000580 172516 78.0 -40.00 0.0001 8.44 1.75 0.003193 0.000581 172016 80.0 -40.00 0.0001 8.38 1.46 0.004332 0.000789 126815 82.0 -40.00 0.0001 8.33 1.16 0.008494 0.001546 64673 84.0 -38.6 0.0001 8.3 0.87 0.010498 0.001911 52328 86.0 -35.5 0.0003 8.27 0.58 0.01161 0.002113 47316 88.0 -34.5 0.0004 8.26 0.29 0.011563 0.002105 47508 90.0 -34 0.0004 8.25 0 0.011445 0.002083 47998 r~ 6of9 Cellular Operator Dual Band Cellular / PCS EMS Wireless:MB48RR650200 Antenna Worksheet (180 Sector) Maximum Permissible Exposure (MPE): 549.33 Height ERP (Watts): 50 (feet): 32 N W/cm^2 Frequency Downtilt (MHz): 824 (Degrees): 0.0 Dist From Depression Relative Slant Distance Structure Power Density Times Below Angle (degrees) Relative dB Gain (meters) (meters) (NW/cm^2) Percent of MPE MPE 0.1 -0.11 0.9750 4728.98 4728.97 0.000075 0.000014 7368427 1.0 -0.20 0.9550 472.92 472.85 0.007454 0.001357 73691 2.0 -0.50 0.8913 236.50 236.35 0.029809 0.005426 18428 3.0 -0.80 0.8318 157.70 157.49 0.067036 0.012203 8194 4 0 -1.20 0.7586 118.32 118.03 0.119090 0.021679 4612 . 5 0 -1.70 0.6761 94.70 94.34 0.181924 0.033117 3019 . 6.0 -2.40 0.5754 78.96 78.53 0.256070 0.046615 2145 7 0 -3.20 0.4786 67.73 67.22 0.326174 0.059376 1684 . g.p -4.20 0.3802 59.30 58.73 0.398605 0.072562 1378 9.0 -5.40 0.2884 52.76 52.11 0.461803 0.084066 1189 10 0 -6.90 0.2042 47.53 46.81 0.510600 0.092949 1075 . 12.0 -10.40 0.0912 39.70 38.83 0.528853 0.096272 1038 14 0 ~ -16.40 0.0229 34.12 33.10 0.444497 0.080916 1235 . 16 0 -30.80 0.0008 29.94 28.78 0.300787 0.054755 1826 . 18.0 -22.50 0.0056 26.71 25.40 0.133396 0.024283 4118 20 0 -16.50 0.0224 24.13 22.68 0.156440 0.028478 3511 . 22 0 -14.20 0.0380 22.03 20.43 0.187381 0.034111 2931 . 24 0 -13.40 0.0457 20.29 18.54 0.220559 0.040150 2490 . 26 0 -13.70 0.0427 18.83 16.92 0.255471 0.046506 2150 . 28 0 -14.70 0.0339 17.58 15.52 0.292167 0.053186 1880 . 30 0 -16.50 0.0224 16.51 14.30 0.330446 0.060154 1662 . 32 0 -19.30 0.0117 15.58 13.21 0.317972 0.057883 1727 . 34.0 -23.60 0.0044 14.76 12.24 0.260578 0.047435 2108 36.0 -31.70 0.0007 14.04 11.36 0.174066 0.031687 3155 38.0 -36.50 0.0002 13.41 10.56 0.090931 0.016553 6041 40.0 -28.20 0.0015 12.84 9.84 0.065341 0.011895 8407 42 0 -24.40 0.0036 12.33 9.17 0.076784 0.013978 7154 . 44.0 -23.10 0.0049 11.88 8.55 0.085931 0.015643 6392 46 0 -22.70 0.0054 11.47 7.97 0.091617 0.016678 5995 . 48 0 -22.50 0.0056 11.11 7.43 0.097097 0.017676 5657 . 50 0 -22.90 0.0051 10.77 6.93 0.102453 0.018650 5361 . 0 52 -23.70 0.0043 10.47 6.45 0.107519 0.019573 5109 . 54 0 -24.60 ~ 0.0035 10.20 6.00 0.105305 0.019170 -5216 . 56 0 -25.70 0.0027 9.96 5.57 0.098259 0.017887 5590 . 58 0 -27.00 0.0020 9.73 5.16 0.083756 0.015247 6558 . 60 0 -28.40 0.0014 9.53 4.77 0.072713 0.013237 7554 . 62 0 -30.20 0.0010 9.35 4.39 0.056442 0.010275 9732 . 64 0 -32.70 0.0005 9.18 4.03 0.042626 0.007760 12887 . 66 0 -35.90 0.0003 9.03 3.67 0.030730 0.005594 17876 . 68 0 -40.00 0.0001 8.90 3.33 0.020249 0.003686 27129 . 70 0 -40.00 0.0001 8.78 3.00 0.010475 0.001907 52443 . 72 0 -40.00 0.0001 8.68 2.68 0.004953 0.000902 110901 . 74 0 -40.00 0.0001 8.59 2.37 0.003163 0.000576 173675 . 76 0 -40.00 0.0001 8.51 2.06 0.003184 0.000580 172516 . 7g 0 -40.00 0.0001 8.44 1.75 0.003193 0.000581 172016 . 0 80 -40.00 0.0001 8.38 1.46 0.004332 0.000789 126815 . 82 0 •40.00 0.0001 8.33 1.16 0.008494 0.001546 64673 . g4 0 -38.6 0.0001 8.3 0.87 0.010498 0.001911 52328 . 0 86 -35.5 0.0003 8.27 0.58 0.01161 0.002113 47316 . gg 0 -34.5 0.0004 8.26 0.29 0.011563 0.002105 47508 . 90.0 -34 0.0004 8.25 0 0.011445 0.002083 47998 • • 7of9 St. ~~ PCS Operator Dual Band Cellular /PCS EMS Wireless:MB48RR650200 Antenna Worksheet (0 Sector) Maximum Permissible Exposure (MPE): 1000 Height ERP (Watts): 29 (feet): 32 NW/cm^2 Frequency Downtilt (MHz): 1850 (Degrees): 0.0 Dist From Depression Relative Slant Distance Structure Power Density Times Below Angle (degrees) Relative dB Gain (meters) (meters) (NW/cm^2) Percent of MPE MPE 0.1 -0.27 0.9397 4728.98 4728.97 0.000043 0.000004 23287152 1.0 0.00 1.0000 472.92 472.85 0.004294 0.000429 232894 2.0 -0.10 0.9772 236.50 236.35 0.017170 0.001717 58241 3.0 -0.70 0.8511 157.70 157.49 0.038613 0.003861 25898 4.0 -1.70 0.6761 118.32 118.03 0.068596 0.006860 14578 5.0 -3.50 0.4467 94.70 94.34 0.107083 0.010708 9338 6.0 -6.40 0.2291 78.96 78.53 0.154028 0.015403 6492 7.0 -10.50 0.0891 67.73 67.22 0.204885 0.020488 4880 8.0 -18.50 0.0141 59.30 58.73 0.234626 0.023463 4262 9.0 -28.30 0.0015 52.76 52.11 0.238388 0.023839 4194 10.0 -16.10 0.0245 47.53 46.81 0.198879 0.019888 5028 12.0 -11.70 0.0676 39.70 38.83 0.062561 0.006256 15984 14.0 -14.00 0.0398 34.12 33.10 0.065218 0.006522 15333 16.0 -26.60 0.0022 29.94 28.78 0.084541 0.008454 11828 18.0 -20.40 0.0091 26.71 25.40 0.095086 0.009509 10516 20.0 -16.10 0.0245 24.13 22.68 0.049886 0.004989 20045 22.0 -18.60 0.0138 22.03 20.43 0.059675 0.005967 16757 24.0 -31.60 0.0007 20.29 18.54 0.070059 0.007006 14273 26.0 -20.60 0.0087 18.83 16.92 0.076037 0.007604 13151 28.0 -16.60 0.0219 17.58 15.52 0.086843 0.008684 11515 .30.0 -17.20 0.0191 16.51 14.30 0.098090 0.009809 10194 • 32.0 -22.10 0.0062 15.58 13.21 0.109715 0.010972 9114 34.0 -28.20 0.0015 14.76 12.24 0.121654 0.012165 8220 36.0 -21.30 0.0074 14.04 11.36 0.083157 0.008316 12025 38.0 -18.70 0.0135 13.41 10.56 0.090837 0.009084 11008 40.0 -19.30 0.0117 12.84 9.84 0.098714 0.009871 10130 42.0 -22.80 0.0052 12.33 9.17 0.106643 0.010664 9377 44.0 -29.70 0.0011 11.88 8.55 0.114581 0.011458 8727 46.0 -27.10 0.0019 11.47 7.97 0.079253 0.007925 12617 48.0 -23.40 0.0046 11.11 7.43 0.053382 0.005338 18732 50.0 -22.80 0.0052 10.77 6.93 0.056469 0.005647 17708 52.0 -24.30 0.0037 10.47 6.45 0.059412 0.005941 16831 54.0 -27.30 0.0019 10.20 6.00 0.062264 0.006226 16060 56.0 -29.10 0.0012 9.96 5.57 0.056995 0.005699 17545 58.0 -26.90 0.0020 9.73 5.16 0.054294 0.005429 18418 60.0 -24.70 0.0034 9.53 4.77 0.060013 0.006001 16663 62.0 -23.70 0.0043 9.35 4.39 0.061869 0.006187 16163 64.0 -23.40 0.0046 9.18 4.03 0.063586 0.006359 15726 66.0 -23.80 0.0042 9.03 3.67 0.065155 0.006516 15347 68.0 -24.50 0.0035 8.90 3.33 0.066570 0.006657 15021 70.0 -25.30 0.0030 8.78 3.00 0.066283 0.006628 15086 72.0 -26.70 0.0021 8.68 2.68 0.060336 0.006034 16573 74.0 -28.20 0.0015 8.59 2.37 0.050214 0.005021 19914 76.0 -30.00 0.0010 8.51 2.06 0.040732 0.004073 24550 78.0 -32.00 0.0006 8.44 1.75 0.028962 0.002896 34528 80.0 -33.60 0.0004 8.38 1.46 0.020965 0.002097 47697 82.0 -35.70 0.0003 8.33 1.16 0.013579 0.001358 73640 84.0 -36.4 0.0002 8.3 0.87 0.009176 0.000918 108984 86.0 -37.1 0.0002 8.27 0.58 0.006177 0.000618 161890 88.0 -39.5 0.0001 8.26 0.29 0.004434 0.000443 225545 90.0 -40 0.0001 8.25 0 0.004028 0.000403 248278 8of9 ~. :~ 3 PCS Operator Dual Band Cellular /PCS EMS Wireless:MB48RR650200 Antenna Worksheet (180 Sector) Maximum Permissible Exposure (MPE): 1000 Height ERP (Watts): 29 (feet): 32 NW/cm^2 Frequency Downtilt (MHz): 1850 (Degrees): 0.0 Dist From Depression Relative Slant Distance Structure Power Density Times Below Angle (degrees) Relative dB Gain (meters) (meters) (NW/cm"2) Percent of MPE MPE 0.1 -0.27 0.9397 4728.98 4728.97 0.000043 0.000004 23287152 1.0 0.00 1.0000 472.92 472.85 0.004294 0.000429 232894 2.0 -0.10 0.9772 236.50 236.35 0.017170 0.001717 58241 3.0 -0.70 0.8511 157.70 157.49 0.038613 0.003861 25898 4.0 -1.70 0.6761 118.32 118.03 0.068596 0.006860 14578 5.0 -3.50 0.4467 94.70 94.34 0.107083 0.010708 9338 6.0 -6.40 0.2291 78.96 78.53 0.154028 0.015403 6492 7.0 -10.50 0.0891 67.73 67.22 0.204885 0.020488 4880 8.0 -18.50 0.0141 59.30 58.73 0.234626 0.023463 4262 9.0 -28.30 0.0015 52.76 52.11 0.238388 0.023839 4194 10.0 -16.10 0.0245 47.53 46.81 0.198879 0.019888 5028 12.0 -11.70 0.0676 39.70 38.83 0.062561 0.006256 15984 14.0 -14.00 0.0398 34.12 33.10 0.065218 0.006522 15333 16.0 -26.60 0.0022 29.94 28.78 0.084541 0.008454 11828 18.0 -20.40 0.0091 26.71 25.40 0.095086 0.009509 10516 20.0 -16.10 0.0245 24.13 22.68 0.049886 0.004989 20045 22.0 -18.60 0.0138 22.03 20.43 0.059675 0.005967 16757 24.0 -31.60 0-.0007 20.29 18.54 0.070059 0.007006 14273 26.0 -20.60 0.0087.. 18.83 16.92 0.076037 0.007604 13151 28.0 -16.60 0.0219 17.58 15.52 0.086843 0.008684 11515 30.0 -17.20 0.0191 16.51 14.30 0.098090 0.009809 10194 32.0 -22.10 0.0062 15.58 13.21 0.109715 0.010972 9114 34.0 -28.20 0.0015 14.76 12.24 0.121654 0.012165 8220 36.0 -21.30 0.0074 14.04 11.36 0.083157 0.008316 12025 38.0 -18.70 0.0135 13.41 10.56 0.090837 0.009084 11008 40.0 -19.30 0.0117 12.84 9.84 0.098714 0.009871 10130 42.0 ~ -22.80 0.0052 12.33 9.17 0.106643 0.010664 -9377 44.0 -29.70 0.0011 11.88 8.55 0.114581 0.011458 8727 46.0 -27.10 0.0019 11.47 7.97 0.079253 0.007925 12617 48.0 -23.40 0.0046 11.11 7.43 0.053382 0.005338 18732 50.0 -22.80 0.0052 10.77 6.93 0.056469 0.005647 17708 52.0 -24.30 0.0037 10.47 6.45 0.059412 0.005941 16831 54.0 -27.30 0.0019 10.20 6.00 0.062264 0.006226 16060 56.0 -29.10 0.0012 9.96 5.57 0.056995 0.005699 17545 58.0 -26.90 0.0020 9.73 5.16 0.054294 0.005429 18418 60.0 -24.70 0.0034 9.53 4.77 0.060013 0.006001 16663 62.0 -23.70 0.0043 9.35 4.39 0.061869 0.006187 16163 64.0 -23.40 0.0046 9.18 4.03 0.063586 0.006359 15726 66 0 -23.80 0.0042 9.03 3.67 0.065155 0.006516 15347 . 68.0 -24.50 0.0035 8.90 3.33 0.066570 0.006657 15021 70 0 -25.30 0.0030 8.78 3.00 0.066283 0.006628 15086 . 72 0 -26.70 0.0021 8.68 2.68 0.060336 0.006034 16573 . 74 0 -28.20 0.0015 8.59 2.37 0.050214 0.005021 .19914 . 76.0 -30.00 0.0010 8.51 2.06 0.040732 0.004073 24550 78.0 -32.00 0.0006 8.44 1.75 0.028962 0.002896 34528 80 0 -33.60 0.0004 8.38 1.46 0.020965 0.002097 47697 . 82 0 -35.70 0.0003 8.33 1.16 0.013579 0.001358 73640 . 84 0 -36.4 0.0002 8.3 0.87 0.009176 0.000918 108984 . 86 0 -37.1 0.0002 8.27 0.58 0.006177 0.000618 161890 . 0 88 -39.5 0.0001 8.26 0.29 0.004434 0.000443 225545 . 90.0 -40 0.0001 8.25 0 0.004028 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Applicant/Owner: Crown Castle Staff Planner: Therese M. Schmidt, Associate Planner Date: November 9, 2005 APN: 517-09-044 Department Head: ~ `` ,I`mo` \---_,//~ -~N NERp _ \~~ / F/~C/`` '~•• `,~/' ~~\ tt v\ `~~ IN AV ~~ / i ~ - ,~~"i ! ~';, i s a~ s~,H',{'~~\/\y~~~ ~ l it %~'~ ]Y ~ ~,,~~ '~ ~ •\/. ~/,<~ .,v'JmnY~vn _ atlas a~ ( i~ ~ ~r ~~i ~~ Y M`l' /\ . .' .. ; ~ ~ . - ~ ~. `. ~{y. -1 Buffer zones around 20608 Saratoga Los Gatos fbadl :; ~~ ~ ~ \ _>•~\~ / ~;y~i ~~ ~ -~~'- ~~ 20508 Saratoga Los Gatos fbatl \~ ~~\ -•~ ~ i ~ ~ ~ ,; t.~~ / ~ ; , ;; "-~, ~ ~ - ~-- - 500 ft rbtice \~' ~< \ ' \ ~ ~~ ~Z+Anel?;Nicaa+cr 20508 Saratoga Los Gatos Road Application No. 06-094, 20508 Saratoga Los Gatos Road • EXECUTIVE SUMMARY CASE HISTORY Application filed: 09/09/05 Application complete: 10/18/05 Notice published: 10/26/05 Mailing completed: 10/26/05 Posting completed: 11/03/05 • • PROJECT DESCRIPTION The applicant requests use permit approval to install an unmanned telecommunications Hub Facility (consisting of radio and electronic equipment and battery backup cabinets that will support. an antenna system and OptiNet radio cabinets for up to three wireless carvers) within a 17'3" X 40' (approximately 691.25-feet) commercial building, installation of two (2) A/C units on the roof of the commercial structure, and an emergency generator pad placed to the rear of the parcel, behind the commercial building, at 20508 Saratoga Los Gatos Road. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1: Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. Applicant Letter of Justification. 4. Project Photos. 5. Generator Specifications. 6. Plans, Exhibit "A." Application No. 06-094, 20508 Saratoga Los Gatos Road ' STAFF ANALYSIS ZONING: CH-1 GENERAL PLAN: Commercial Retail MEASURE G: Not applicable PARCEL SIZE: Approximately 6,508.94 Sq. Ft. AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: No exterior modifications to the existing commercial. building are proposed. ENVIRONMENTAL DETERMINATION: the proposed project, which includes the installation of radio and electronic equipment within an existing commercial facility, installation of two (2) A/C units, and installation of an emergency generator pad, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities • PROJECT DISCUSSION: The applicant (Crown Castle Solutions) requests use permit approval to install an unmanned telecommunications Hub Facility (Facility) (consisting of radio and electronic equipment and battery backup cabinets that will support an antenna system and OptiNet radio cabinets for up to three wireless carriers) within a 17'3" X 40' (approximately 691.25-feet) commercial building at 20508 Saratoga Los Gatos Road, installation of two (2) A/C units on the roof of the commercial structure, and an emergency generator placed to the rear of the parcel, behind the commercial building. Crown Castle Solutions is a hub-based, owner and operator of shared wireless infrastructures, including extensive networks of towers and hub facilities. Nearly every major wireless carrier is a tenant on sites that are owned or managed by Crown Castle, including Verizon Wireless, Cingular, T-Mobile, Nextel, Sprint PCS, as well as various state and federal government agencies, and broadband data service providers. The proposed Facility would provide lease space for up to three wireless providers, one of which has been identified as Nextel Communications, in addition to providing lease area to Crown Castle Solutions. The Facility would support a proposed network of whip antennas along Highway 9 and Quito Road in the public right-of--way. The whip antennas are currently proposed through planning application Number 06-090 for a conditional use permit. In order for the proposed network to operate a hub facility associated antennas and equipment are required. Staff is process the hub facility and the antenna request separately Application No. 06-094, 20508 Saratoga Los Gatos Road to provide the Planning Commission with an opportunity to view and approve or deny each .application individually. While the antennas will require a hub facility to operate, the Planning Commission may determine that the proposed location is not suitable for the Facility. In addition, the Commission may determine that the Facility is appropriate; however, one or more of the antennas are not appropriate. The Facility will be installed within an existing commercial building in the Village and will not require external modifications to the design of the structure. Generally, a traditional retail use would be more appropriate in the Village because it would attract shoppers and generate sales tax; however, in this instance the use will utilize prime frontage onto Big Basin Way, be visible to the public, and will require minimal lease space. The benefits of the proposal include increased wireless coverage to the residents of Saratoga as well as shoppers to the Village, which outweigh the minimal impacts associated with removing approximately 691 Sq. Ft. of retail space from traditional retail uses. Two (2) A/C units are proposed on the roof of the commercial building. Staff has incorporated a condition of approval requiring -the equipment to be placed behind the existing parapet and screened from public view. An emergency generator pad is proposed. An emergency generator would not be stored on the parcel and instead would be brought to the site only during an emergency. Generator specifications are attached. The generator would operate during the emergency situation and then be removed from the site. Staff has incorporated a condition of approval requiring the applicant to provide written notification to the Planning Department in the event that the generator is needed along with the projected date of removal. In the event that the generator is utilized for an extended period, as determined by the Community Development Director, the applicant may be required to supply appropriate noise mitigation for review and approval by the Director. Conditional Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff recommends the Planning Commission approve the proposed project based on the following fmdings: a) That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; and Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications are identified as appropriate conditional uses in the CH-1 Zoning District. Approval of the Conditional Use Permit would fulfill the objectives of MSC 1 S-OS. 020, MSC 15-19.020, and the Saratoga Village Plan, which is to minimize traffic congestion while encouraging a • town center and enhancing real property values. Application No. 06-094, 20508 Saratoga Los Gatos Road The proposed unmanned telecommunications hub facility will be located within approximately 691.25 feet of an existing commercial building. YVhile the facility wouldn 't provide a retail anchor for the town center it would provide a valuable service by providing wireless coverage to shoppers within the town center as well as the surrounding community. The location within the building does not front onto the main street and is not visible to the public; therefore, the general public will not be aware of the use. Routine maintenance of the facility will generate nominal traffic and will not increase traff c congestion. b) That the proposed location of the conditional use, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed unmanned telecommunication hub facility will not be detrimental to the public health, safety or welfare of the residents of Saratoga. All improvements to the building will be required to meet all building and fire codes. c) The proposed conditional use will comply with all other applicable provisions of the Saratoga Municipal Code. As conditioned, the application will meet all applicable provisions of the Saratoga Municipal Cod including noise abatement. General Plan Findings The proposed project supports the findings for conformance with the General Plan; therefore, staff recommends the Planning Commission approve the proposed project based on the following findings: Circulation Element Goal 4.0 -Strive for aesthetically pleasing views from all roads in Saratoga and the Sphere of Influence. Installation of the unmanned telecommunications hub will be within an existing commercial structure and will not be visible from Saratoga Los Gatos Road. The proposed emergency generator shall be located to the rear property line and shall be screened by the building from Saratoga Los Gatos Road. The proposed A/C units shall be placed on the roof of a commercial structure; however, they will be screened from view by an existing parapet. • Application No. 06-094, 20508 Saratoga Los Gatos Road Conservation Element Goal 2.0 -Facilitate the safe movement of vehicular traffic within and through the City, taking into consideration the environmental, historical, and residential integrity of the City. The proposed unmanned telecommunications hub will require routine maintenance approximately once a month and will not generate substantial trafftc resulting in impacts to the historical and residential integrity of the City.. Conservation Element Goa16.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed unmanned telecommunications hub will be located within an existing commercial structure and will not be visible; therefore, no additional construction will be required which may have an impact to the rural atmosphere of Saratoga. Noise Element Goal 1.0 -Protect Saratoga residents from excessive noise. Appropriate conditions of approval have been incorporated to ensure compliance and to protect Saratoga residents from excessive noise associated with the temporary use of a generator during emergency situations. Safety Element Goal 5.0 - To develop and maintain an emergency preparedness plan, which will provide effective response in the event of a natural or manmade disaster. The proposed unmanned telecommunications hub would provide alternative emergency response communications for police, fire, paramedics, and other emergency services. Conclusion: The project satisfies all of the findings required within Section 15-55.070 of the City Code. The unmanned telecommunications hub facility and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to wireless facilities. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve the conditional use permit application number 06-094 by adopting the attached resolution of approval. • • Attachment 1 • • 6 RESOLUTION NO. Application No. 06-094 CITY OF SARATOGA PLANNING COMNIISSION STATE OF CALIFORNIA Crown -Castle; 20508 Saratoga Los Gatos Road WHEREAS, the City of Saratoga Planning Commission has received an application for Use Permit approval for the installation of an urunanned telecommunications Hub Facility (consisting of radio and electronic equipment and battery backup cabinets that will support an antenna system and OptiNet radio cabinets for up to three wireless carriers) within a 17'3" X 40' (approximately 691.25-feet) commercial building at 20508 Saratoga Los Gatos Road, installation of two (2) A/C units on the roof of the commercial structure, and an emergency generator placed to the rear of the parcel; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes the installation of radio and. electronic equipment within an existing commercial facility, installation of two (2) A/C units, and installation of an emergency generator, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and is consistent with the following General Plan Goals: Circulation Element Goal 4.0 -Strive for aesthetically pleasing views from all roads in Saratoga and the Sphere of Influence. Installation of the unmanned telecommunications hub will be within an existing commercial structure and will not be visible from Saratoga Los Gatos Road. The proposed emergency generator shall be located to the rear property line and shall be screened by the building from Saratoga Los Gatos Road. The proposed A/C units shall be placed on the roof of a commercial structure; however, they will be screened from view by an existing parapet. Conservation Element Goal 2.0,-Facilitate the safe movement of vehicular traffic within and through the City, taking into consideration the environmental, historical, and residential integrity of the City. The proposed unmanned telecommunications hub will require routine maintenance approximately once a month and will not generate substantial traffic resulting in impacts to the historical and residential integrity of the City. Conservation Element Goal 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposed unmanned telecommunications hub will be located within an existing commercial structure and will not be visible; therefore, no additional construction will be required which may have an impact. to the rural atmosphere of Saratoga. Noise Element Goal 1.0 -Protect Saratoga residents from excessive noise. Appropriate conditions of approval have been incorporated to ensure compliance and to protect Saratoga residents from excessive noise associated with the temporary use of a generator during emergency situations. Safety Element Goa15.0 - To develop and maintain an emergency preparedness plan, which will provide effective response in the event of a natural or manmade disaster. The proposed unmanned telecommunications hub would provide alternative emergency response communications for police, fire, paramedics, and other emergency services. WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: a) That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; and Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications are identified as appropriate conditional uses in the CH-1 Zoning District. Approval of the Conditional Use Permit would fulfill the objectives of MSC 1 S-OS. 020, MSC 15-19.020, and the Saratoga Village Plan, which is to minimize traffic congestion while encouraging a town center and enhancing real property values. • 8 • The proposed unmanned telecommunications hub facility will be located within approximately 691.25 feet of an existing commercial building. While the facility wouldn 't provide a retail anchor for the town center it would provide a valuable service by providing wireless coverage to shoppers within the town center as well as the surrounding community. The location within the building does not front onto the main street and is not visible to the public; therefore, the general public will not be aware of the use. Routine maintenance of the facility will generate nominal traffic and will not increase traffic congestion. b) That the proposed location of the conditional use, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed unmanned telecommunication hub facility will not be detrimental to the public health, safety or welfare of the residents of Saratoga. As conditioned, the applicant will be required to test the emergency generator once a month during normal business hours; therefore, the conditional use permit will not be materially injurious to properties or improvements in the vicinity. c) The proposed conditional use will comply with all other applicable provisions of the Saratoga Municipal Code. As conditioned, the application will meet all applicable provisions of the Saratoga Municipal Cod including noise abatement. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 06- 094 for Use Permit approval and the same is hereby granted subject to the following conditions: Community Development Department: 1. The proposed unmanned telecommunication facility shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. If the subject site is decommissioned in the future, all related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 4. The Planning Commission shall retain continuing jurisdiction over the Use Permit • and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 5. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. 6. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum. $500 surplus balance prior to building permit issuance until final occupancy is granted. 7. The two (2) A/C units shall be placed on the roof in such a manner as to be completely hidden from view. Photo documentation shall be provided to the Planning Department prior to issuance of building permits. 8. In the event that an emergency generator is required the applicant shall provide written notice to the Community Development Director clearly identifying the emergency situation, the date of place of the generator on the parcel, and the project date of removal of the generator. Upon review of the written correspondence the Director may require appropriate mitigation measures to ensure compliance with the • City's noise ordinance. Saratoga Fire District 1. Early Warning Fire Alarm System shall be installed and maintained. The project is required to provide the EWAS for all spaces. Tenant improvement for this space shall coordinate with the fire alarm contractor for required devices and location within the customer space. The alarm contractor shall submit three (3) copies of working drawings to the fire district for review and approval. A licensed contractor must install the alarm system. The fire district must issue a permit prior to the installation of the EWAS system (City of Saratoga Code 1-60). 2. Security Gate: Proposed access gate does not indicate if it is to be locked or not: If gate is to be locked, then access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. (CFC 902.4) 3. Premises Identification: Approved numbers or addresses shall be provided for all new and existing building in such a position as to be plainly visible and legible from the street or road fronting the property. (CFC 901.4.4) Section 2. Construction must be commenced within 24 months or approval will expire. • /D . Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 9th day of November 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 City Planning Commission. Property Owner or Authorized Agent C7 Date ~~ r~ • AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~~ re ,sc- /~. ~ LI ryi; a~T" ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the ~G day of / ,fGf~h't~" 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereofl that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are .those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; .that on said day there was regular communication by United States Mail to the addresses shown above. ~~29~~1~-x ~~~ Signed • /3 City of Saratoga Community Development Department • 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the- 9~' day of November 2005, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, Monday through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the planner noted below. APPLICATION #06-094 (517-09-044) - CROWN CASTLE, 20506 SARATOGA LAS GATOS ROAD; - THE APPLICANT REQUESTS APPROVAL FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN L1IIMANNED TELECOMMUNICATIONS HUB WITHIN A 691.23 SQ. FT. • TENANT SPACE, WHICH WOULD PROVIDE SUBLEASE AREA FOR UP TO FOUR CARRIERS, IN THE CN ZONING DISTRICT. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The Gity 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. Therese M. Schmidt, Associate Planner 408-868-1230 ~' /~ 76 ., ~1 s~ 'boy ''. ~~ 66~ •- \ *syy N~ ;}4 ~ p ,, c, 7 y ~ ~Q O U a a QpP ~Q~ ~ ' O O '3~• ~ ~ll~y O`er ~~ b • y ••~ 7D -~ \ \ ~~, P may. •\ a `-- -- 0 •• 0 • ~~yG ~ \ O ~ ~7 ~ ~O /~ „GPI ~ \* s O ~• ~C ` 4`~ !-.. ~ i ~ P ~j~ 1 ~ ~n Q 1 r i` ~ ~ ~ O ~, -p~ ~ ~ O c I W •~ OIMI / j . ' ~ ~' .• N G v t s /'~ 3 1tlAANNt1S~tl~JOltl2ltlS-3 O p; ~ , ~: /~ O r1v: ( N '~ ~'~ ~ • a ~ ~ v7 z --qt6 $1 s r ~ ~ ~ O . ~ ~ _ ~' a O ~ ;. ~ N aY ,~w \ • ~ ~1^~''' ~ N I O .~ ' ~' 0 ~ @ ~.F + _ O ~ ~ - t+1 7f" N ~Y' •~' tt \ O O DO ~ w U- ~ t'JOl by~,s ~• .N •;s ~ ~ d'~'~!,'.~~(i -. 71~ r O ~ ~ ~ .e' Ja + ~. ~ i ;~ YC'Ei~ N ~ 9 Y` l .,\ ~~ tb pYYYppN ~ 'l ~~ ~6' -stios- '`.~ ~ ~~ _ ` \°.; :4 016 ~' Q i~ l~ ~ ~ n ~ ~ a;: ~'~ ate' 1 y~+o , `i `~~ ~ ~~~ 1 ~ J O N O ^~ ^ e- Q , , Y/ . . U Z ~. ~ a~w Z~Q ~ a~U U aacn ~, z ~ t0 y J • m ~ W a ~ 2 • ~# ~ O W J% ~ O ~ /f ~ .* •'J ^' , `~ ~[ - / \ A •J / ~ N . .'~ v W ~ ~ ~~ ~ H M ^p 3~v ~ ,• o pr r r •`` ~~~ a!r W N m 0~1 N .~ `% ;~ i `p~ , ~, ~ ~ / ~ ~ ~i • \~ .• "` y ~ ' .$ / /~ ~~ J~ .'A - -_ - _ .~ .~ - ~~~.-~~....~-~.~~~ ..._a s;~ - ~. __ . ___ .. _ _ . _-. - =-- sale __ _ 1 SOWOLLA KRIS A & CAROL A 14498 OAK PL SARATOGA CA 95070 397-22.002 2 COX FLORA M/COX JOHN E JR 20485 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-22-011 3 SARATOGA FIRE PROTECTION DIST SARATOGA CA 95070 397-22-015 4 SARATOGA CITY OF SARATOGA-LOSOX JOHN E JR SARATOGA LOS GATOS RD SARATOGA CA 95070 397-22-018 6 SARATOGA FEDERATED CHURCH INC 14370 SARATOGA AVE SARATOGA CA 95070 397-22-021 8 1 PARK PL SARATOGA CA 95070 397-22.023 7 SARATOGA FEDERATED CHURCH 20390 PARK PL SARATOGA CA 95070 397-22-044 8 OSTROWSKI JOHN L & M CLAIRE/DIMICELLI DENISE M 14370 SARATOGA AVE SARATOGA CA 95070 397-22.045 9 UNITED STATES POSTAL SERV/BRADLEY SANDRA 14378 SARATOGA AVE SARATOGA CA 95070 397-22.088 10 SARATOGA FIRE DIST SCC/TOPPEL HAROLD S SARATOGA LOS GATOS RD SARATOGA CA 95070- 397-22-087 11 SARATOGA FEDERATED CHURCH 20473 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-22.088 12 SARATOGA FIRE DIST OF SC COUNTY 20473 SARATOGA LOS GATOS RD SARATOGA CA 95070 397-22.089 13 GUNN DAVID L & SONJA AMILL & COMPANY 14363 SARATOGA AVE SARATOGA CA 95070 397-31.008 14 G & G MCCANDLESS PROPS LLC 14375 SARATOGA AVE SARATOGA CA 95070 39'7-31-011 16 ENGINEERING INFORMATION SYSTEM 14395 SARATOGA AVE SARATOGA CA 95070 397.31.020 18 HIGGINS WILLIAM L & VIRGINIA B 20550 BROOKWOOD W SARATOGA CA 95070 503.23-027 17 HIGGINS WILLIAM L & VIRGINIA B 20550 BROOKWOOD W SARATOGA CA 95070 503-23-0¢8 18 JACOBS HUGH A 8 GLORIA M 20510 BROOKWOOD W SARATOGA CA 95070 503.23-029 20 JOHNSTON DAVID S 20818 BROOKWOOD W SARATOGA CA 95070 503.23053 24 SARATOGA CITY OF 4TH ST SARATOGA CA 95070 503-24-008 S C V W O SARATOGA CA 503-24-038 28 INN AT SARATOGA INC 20845 4TH ST SARATOGA CA 95070 50324-048 27 SARATOGA CITY OF 4TH ST SARATOGA CA 95070 - 60324-047 28 PAYNE GEORGE M 14457 BIG BASIN WAY SARATOGA CA 95070 50324-049 29 PAYNE GEORGE M 14455 BIG BASIN WAY SARATOGA CA 95070 50324.050 30 CASABONNE WES G & ANNETTE E 2 TURKEY TRACK W SARATOGA CA 95070 50324-051 31 JARRAMI TONY A & JULIET C 14429 BIG BASIN WAY SARATOGA CA 85070 50324-054 32 DOWNEY SAVINGS 8 LOAN ASSOCIAT/ACCOUNTS PAYABLE 14411 BIG BASIN WAY SARATOGA CA 85070 50324-057 33 BLOXHAM FAMILY Lp/PORTFOLIO REALTY MANAGEMENT 14419 BIG BASIN WAY SARATOGA CA 95070 503.24058 34 SULUVAN L M & LOUELLA M 14421 BIG BASIN WAY SARATOGA CA 95070 50324.069 96 BLOXHAM FAMILY LP 14415 BIG BASIN WAY SARATOGA CA 95070 503-24-081 38 WALLACE BERNARD A 14481 BIG BASIN WAY SARATOGA CA 85070 503-24-082 37 MELTON THELMA DMMS DEVELOPMENT INC BOOKING KE 14485 BIG BASIN WAY SARATOGA CA 85070 50324-083 38 MASEK JOSEPH C 8 MICHELLE 14487 BIG BASIN WAY SARATOGA CA 85070 503-24.088 39 ROSENFELD JAMES I & ARLENE H 14471 BIG BASIN WAY SARATOGA CA 95070 50324-087 40 SARATOGA CITY OF SARATOGA CA 50324-078 41 CUNNINGHAM SUSAN K 14401 BIG BASIN WAY SARATOGA CA 95070 50324.078 42 CUNNINGHAM DENNIS M 14407 BIG BASIN WAY SARATOGA CA 95070 503.24-079 43 ROSENFELD JAMES 18 ARLENE H SARATOGA CA 50324.080 44 ROSENFELD JAMES I & ARLENE H SARATOGA CA 503-24-081 45 RATRA RICKY 8 RUBINA 14482 BIG BASIN WAY SARATOGA CA 95070 517.08-012 48 BK OF AMER N T & S A/BURR WOLFF 14470 BIG BASIN WAY SARATOGA CA 95070 517-OB-013 47 BURRELL FRANK L IIUBURELL FRANK L III 14482 BIG BASIN WAY SARATOGA CA 95070 517-09-014 48 BURRELL FRANK L IIVBURELL FRANK L III 14440 BIG BASIN WAY SARATOGA CA 95070 517-0&015 ~ KLEAR ~~qg~t p 14420 BIG BASIN WAY SARATOGA CA 95070 517-09-017 50 ATOGA LLC/HIEKAU EBRAHIM 14410 BIG BASIN WAY SARATOGA CA 95070 517-09-018 51 ELLENIKIOTIS ANTHONY J & GEORGIA 20514 SARATOGA LOS GATOS RD SARATOGA CA 95070 517-09-020 52 KHAZEN MAHNAZ 20490 SARATOGA LOS GATOS RD SARATOGA CA 95070 617-09-021 53 SORENSEN DAVID L 14493 OAK ST SARATOGA CA 95070 517-09.024 54 SALEHIEH JAVID J 14501 OAK ST SARATOGA CA 95070 517-0&025 55 RATRA RICKY 8 RUBINA/RATRA BIRINDER 14505 OAK ST SARATOGA CA 95070 b17.OB-028 68 LUONG THANH CONG 14515 OAK ST SARATOGA CA 95070 517-09.027 57 KIM JOUNG S & Y H 2005 TRUST 20472 SARATOGA LOS GATOS RD SARATOGA CA 95070 b17.09.042 58 ATOGA LLCMIEKALI EBRAHIM 14416 BIG BASIN WAY SARATOGA CA 95070 517-09.043 59 ATOGA LLCMIEKALI EBRAHIM 20508 SARATOGA LOS GATOS RD SARATOGA CA 95070 517-08.044 80 BURRELL FRANK L IIUBURELL FRANK L III 14428 BIG BASIN WAY SARATOGA CA 95070 617.09.048 61 BURRELL FRANK L IIVBURELL FRANK L III 14428 BIG BASIN WAY SARATOGA CA 95070 517-09.047 82 DALTON PETER J & PAT 14467 OAK ST SARATOGA CA 95070 517-09.083 83 MICHELI STEVEN UFRANCIS CYNTHIA R 14485 OAK ST SARATOGA CA 85070 517-09-084 84 MCKIBBEN TED A & PEGGY L TRUST 14463 OAK ST SARATOGA CA 95070 517-09.085 65 BUSSE ROBERT K & LISA C 14461 OAK ST SARATOGA CA 95070 b17-09.088 88 SAGARCHI SALIM 14524 OAK ST 1 SARATOGA CA 95070 517-10-004 67 HELM BONNIE L 14516 OAK ST SARATOGA CA 95070 517-10-008 as ccaiNnaa GARY H 8 DIANAGAY J 14510 OAK ST SARATOGA CA 95070 517-10-007 • • • I i • • 89 ALLEN JOHN NIMATHEWS-ALLEN MARY 14500 OAK ST SARATOGA CA 95070 b17-10008 70 OUR LADY PATINA VILLA INC 14488 OAK ST SARATOGA CA 95070 517-10-008 71 SARATOGA LODGE NO FOUR TWO EIG 14418 OAK ST SARATOGA CA 85070 617-10-011 72 SARATOGA CITY OF SARATOGA CA 517-10-012 73 SARATOGA CITY OF SARATOGA CA 517-10-015 74 ATLAS PROPERTIES LLC 20430 SARATOGA LOS GATOS RD SARATOGA CA 95070 617-10-014 75 OUR LADY OF PATINA VILLA INC 20388 SARATOGA LOS GATOS RD SARATOGA CA 95070 617.10-01b 78 OUR LADY PATINA VILLA 14438 OAK ST SARATOGA CA 95070 517-10-034 77 GRABLE TRUDY LYNN M 14531 OAK ST A SARATOGA CA 95070 51734-001 78 BARDHAN PRASENJIT 14535 OAK ST SARATOGA CA 95070. 51734-002 79 SCOTT TRUST 14541 OAK ST SARATOGA CA 95070 51734-003 80 ROMAN BRIDGET M 14545 OAK ST SARATOGA CA 95070 b17-34.004 81 ELLS JAMES A 14537 OAK ST SARATOGA CA 95070 61734-006 82 ALFORD GARY DBAUM RHONA R 14543 OAK ST SARATOGA CA 95070 61734.008 83 SIMPSON TAMARA J 14527 OAK ST SARATOGA CA 95070 51734.007 84 SPLAWN DAVID J/ERIKSSON-SPLAWN KERSTIN 14525 OAK ST H SARATOGA CA 95070 517.34-008 Attachment 3 • ~~ BMS COMMUNICATIONS INC ~jj""''~~ 1~.~~ Letter of Justification 1. The proposed conditional use will not be detrimental to the public health, safety or welfare, nor be materially injurious to property or improvements in the vicinity; Unlike other land uses, which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, alignment with neighboring sites and customer demand components. Placement within the urban geography is dependent on these requirements. Accordingly, wireless telecommunication facilities have been located adjacent to and within all . major land use categories including residential, commercial, industrial, open space, -etc. proving to be compatible in all locations. The proposed facility at the subject location will not be detrimental to the character of development in the neighborhood for the following reasons. It will be unstaffed, have no impact on circulation systems, and generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage area "wireless access to the rapidly expanding communications infrastructure by providing voice and data transmission services not currently available. The installation of antenna sectors and transmission equipment will not result in any material changes to the character of the local community. This proposed wireless telecommunications facility will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. 2. The proposed conditional use is compatible with existing and future uses to the extent those are known, and will comply with each of the applicable provisions of the Zoning Ordinance...; Since their introduction, wireless telecommunications systems have proven to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.) and natural disasters (earthquakes, floods, etc.) where normal land line communications are often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi-governmental .agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proven to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications .system networks are desirable in the interest of public convenience, health, safety, and welfare, and thus are proper in relation to the development of the community. The proposed project wilUdoes not incur automobile use nor pedestrian access. • Crown Castle So/utions / 9 BMS COMMUNICATIONS INC. ~~~~~ 3. I the ro osed Conditional Use Permit a ects land located within the coastal zone .f P P .~ the proposed conditional use will comply with the provisions of the land use plan of the Certified Local Coastal Program This project is not located within the coastal .zone. 4. Based upon information available at the time of approval, adequate utilities, access roads, drainage and other necessary facilities exist or will be provided to serve the proposed use. This project will have adequate utilities provided to it by the existing building that it will be located on. • • Crown Castle Solutions n D i• i• ~~ BMS COMMUNICATIONS INC lY/ V Z~A3TLE VIEW FROM THE NW - 20506 SARATOGA LOS GATOS RD. (PROPOSED HUB FACII.ITI~ • • Crown Castle solutions ~]~i BMS COMMUNICATIONS INC ~~A4'~€' VIEW FROM THE NE - 20506 SARATOGA LOS GATOS RD. VIEW FROM THE EAST - 20506 SARATOGA LOS GATOS RD. • (PROPOSED HUB FACII.IT7~ Crown Cast/e So/utions ~ 3 Attachment S ~~ 10/31/2005 03:10 r~ 18454543805 HA SCF~2ECK INC PAGE 02 ..-.,. -~ TS80T Balao~ ~en~ratOrS 1800 RPM Diesel Standby Power Ratings soHz kVA 81 ~~; kw 65 a Con#inuous Power Ratings 60Hz kVA 75 kw~ so ~, l: • Balder Mobile Power Generator features ^ Brushless generator for long life. low maintenance ^ 3 position reconnection switch for easy voltage selection ^ Voltage regulatioh t/2% ^ Balder control system: All operator controls are located benlnd one lockable panel door ^ Automatlc~~safery shutdowns with indicator lights:. low ell pressure, high water temp., engine overi;rank, engine overspeed ^ Industrial grade John Deere engine ^ Illuminated Instrumentation panel ^ 50 or 60 Hartz Frequency ^ Grcuit Breaker -Main ^ Circuit Breakers -Outlets ^ Single point removable lifting eye r C. ^ Electronic governor ^ Electric brakes s~ • ^ Black heater ^ Battery charger ^ 6 bolts to remove generator from trailer ^ Generator available with trailer (TS80T) or without trailer (T560S) ^ Automatic start feature (with gpt~onal transfer switch) ~,^ Lighted~license;pla)~ ~~acket . •;:i2 ~"' +~ is ~~ ~?? ~ y ~~ _; ~^ Prem. gra~e: pp'i~ ved highway trailer featuring. `'• tor'sipr~bar~suspension f n more broken leaf springs), dlam d plate aluminum fenders, leveling jack, running tights, surge brakes ^ Heavy gauge steel sound attenuated enclosure with muffler ^ Durable powder coat paint ftnlsh ^ Lockable door panels ^ Long run Internal fuel tanks ^ Warranty: limited 3 year warrant' 1 year ar 300o hours,•parts and`latior, 3year~or43000~ho $,paFis. ^ Ball hitch (PIMIe hhch standard) ~' ^ Automatic transfer switches ~ "F0 `° p Generator without trailer ~ Is0 w" 10/31/2005 03:•10 18454543805`• ' i .. Mobile Power Model: i GeneratorSpecffications _ 1 Receptacle Specifications Standtry Oulout ltitl' Rin kVA/kW: Single phase wltage ~ 240V 3 phase voltage ra 208 3 phase wltape A 24pV 3 phase vohape Qk 480V Contlnuoaa Ou1pu1.125' Rise kVA/kW: Smpk phase wttage ®240V 3 phase wltape ®208V 3 phase voltage ®240V 3 phase vohape ®4t~11 Ampenpe (Continuous) kVA/kW: Slnple phase amperage ~ 24W/1ZOV 3 phase amperage Qa 208V 3 phase amperage W 240V 3 phase amperage ®480V Voltape•3 photo ad)ushlle Voltage-Slnple phase adjusiatblra 3 Dhase power factor Voltage regulation Frequenry ' Total harmonic dlstorllon Insulat'~on ~• ';:. 1-1A; ~SCHRECK•Tl'HC 1.~: .~~• ., u• ti. 120 Volt 15 Amp GFCI ~ 6 45/45 120J240 Volt ~CS6369•Twistlock 3 •7?l58- ~- •Tiiuo Nilre~reiriote~sfart~cap~bNty Yes 72/58 -~a ~• •k'' a •• ti~ 81165• ^' ~ • • 43143 69/55 69/55 75/60 179.2/358.3 190.8 1115 4 90.2 208/2201240/41 fi/4 ~0/4ti0/180 12on 27n 39RaoRSazn ~~0:8 • .. t /2°G . 50 or 60 Hertz <57ro Class F .Fuel S stem S ecificatlons Wei conwmpllon (fiPN): 1/2 load 2.7 Fu11 boa 4 9 fuel Diesel Approsinnla run time (Hours): 1R load 30 Full load 16 Fuel CapaClry (Ga l:) ~"= •• ~ 80 e ..; S . Wei hts and Dimensions WeipM without fuel 3848 Weight witltaut fuel and without trailer 3053 Dimensions wllh trailer (L x W x H) 139' x 60' x 81' Dimensions without trailer (L x llll x H) 84' x 38- x 61' Engine Specifications Manufacturer :. John Deere Model ti r 704045 Cylinders - 4 Induction system Turoochar ed ~ Olsptacemerrt, l (Cu. In.) 4.5L (-2 , ' • HP ¢L rated speed 100.0 RPM ~: 1800• Bore and stroke 4.19' x S D' Lubdration capacity (with filter) 14 t][S Banery recommendation min. (cold Cranking amps) 900 • Battery rack and cable supplied (battery not included) • Spin-on oil filter -Thermostat controlled coaling system • 12V engine alternator • 1ZV starter motor Y• r Sound Leval • Sound level dB(A), .• .. . . /P)~ ~-~j b7 7 meters, full load.;; ~. , ..,:.. ~n"'ine, Generator Instrumentation Voltmeter, ammeter. freQuenry mekr, phase selector switch, oil pressure gauge, water temperature gauge, battery volmeter. . staNstop/auto switch, voltage adjusting rheostat, elapsed time meter, individual fault shutdown lights, panel lights with switch, receptacle panel iiatulox - Slandhy liatlnps: 5undby raUnq~ an appye-Eie br f uPPiykrC amarparKy Down br ero duntlbn of ~ uilllry.ppww aeap~. Primary poorer ro ins In~NOalgn a uairty xupprMd. No wedoad IapaDlliry ror s+andby raring Slendby ramps rn aeoordana rlth ISO 30~B,.BS66r.)~,.piN,6271 CoMlouaura Pewe- Wgna: Gpntlnuow power w me mourknum,,powrr a~labrO for wmrnup,a dWy. A tOY. o•wbad ewaclry b woAlaba br t hors pin or`12 houre'ar-opnr~lbn. For addltbntal Mrbrmatgn, pW.1iY Cpmuh taaory Mae+uraaN~r rofsWes rM rqM t0 Irnplemsm splOflCanOn{ D• da3iDr1 Chanp~i~w~d10N notti, .W~RroNG: I)o prior CpnnaCt pernnlMr IO my bllildlr~t ~I~Cdlvl Ay!.teM ~niV9i i dgppnnra 9wRC1+ naorbpn nrnaund ~ . ~: `~ -• ~ -- •~ 1~1. .Y • Ye\. _r $~A T ~~~ Distributed bye c~ENERATOtRS Baldor Generators 3615 Oregon Street, Oshkosh, WI 54902 1-800-872-7697.1-920-236-4200 '`' Fax 1-920-236-4219 vyww Daldor .corn - ~ .,~.:a +Y S~; t .•;1 '1: -•-- . r • ~~ PAGE 03 [7 ~,~ s'i~~l t~h~ f. 3N' s'~i . -t SAL149• tOM•SO L, ~~ • • Attachment 6 ~~ • • • Q a o3~~& ~ ~ d ` _ : a ~~ ~I W ~~ z = ~ m ~ ` 371SV'~ ~ ° ~ N ;- o N N W ~ ~ e N ~ ~ = Y o • - S Z y Z Q ~ ~ ~ (~ Q w m • ~ } 1- F aD d' a g& ~i o W o v ~ < k in C cn ~ ~~ ~ ON F w C 7 J O m w a a~ ~ O ~ 4 H N ~ F ¢ ~ 2 7 J G O v ~ ~ ~ ,~ ~ 3 ~ _ a O ~ O r Z J V V W l--1 W ~, W rW ~V/^LJ V i N ~ O Q ~ ~ o ~ ~ O U I Q O ~ !- ~ O N ~ Q N G() N V Z O U 0 Z Q H O } g • ~® tl.J_ V O nµ® y~v^' 1 `~^' ~ / ~V \JY V } Q 3 .- 0 W Z W Q '... 2 _ U Z W !A 0 W W W ~O O c~ V } W J J Q a m N O J W H O N N m m N O X a E ~{ r `~~ ~ -' _ _ W ,p n T~ ~~ i /~^p V V - Z ~ G O Q ~ r a o Q Q > W W W W (n j w O p Z N a Og ~ n w w W - ~.1..1 F N ~d W N M N ~ a a a o~ ~ o~ _ v= m Q m 7 O~ ~ n ~~ ~ Z O O Z Oj ow¢ ~ w ~ F w~ o U F p w~ o~¢ Q fn i-- ~' ~¢ ~ Z Z ~ W ~¢ 'i3¢ Z ~ Q UUp Up ~ Q U ~N2 O fN=UU Z d 3oW3 - Op~2 ~ 3pw3r¢-~ Op~'2Z0 o a ~NOa ~ ~NOao~ U Q U~N~ U U~U1~Ua O W~ W ti N 2 Z ~W~ pow oo"' U 715 U W 7 ?NV1 ~o~ J K U 4 O ,no~W FZ OW ~Zg~ __ O O Q .. ~_ . 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