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11-22-2005 Planning Commission Packet
r CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, November 22, 2005 - 3:30 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE ON TUESDAY, NOVEMBER 22, 2005 FOR THE FOLLOWING ITEMS: ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #06-060 2. Application #04-379 3. Application #04-176 TRAN Item 3 20840 Fourth Street LLOYD Item 1 15130 Quito Road KOENIG Item 2 13071 Pierce 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 (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the Public Hearing. • -~ CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, November 23, 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 November 9, 2005. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commissionmay instructstaffaccordingly regardingOral Communications underPlanningCommissiondirection toStaff. 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 17, 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 CAPITOL IMPROVEMENT PROGRAM &t GENERAL PLAN CONFORMITY FINDING; -The Saratoga Planning Commission will review and determine if the proposed 2005-06 Capitol Improvement Program is consistent with the various goals, policies and programs of the City of Saratoga General Plan. 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 #06-060 (410-39-012) LLOYD - 15130 Quito Road; -The applicant requests approval of an amendment to the conditions of approval of the original Subdivision Map as approved by Resolution No. DR-00-045 to allow certain encroachments in the creek riparian setback area, subject to mitigation. The site is zoned R-1-40,000. 2. APPLICATION #04-176 (503-16-050) KOENIG -13071 Pierce Road; -The applicant requests modification of plans for atwo-story single-family residence as approved by Resolution No. 05- _ 002. These changes would include an approximate 600 square-foot addition to the basement and minor exterior changes to the home. The site is zoned R-1-40,000. 3. APPLICATION #04-379 (503-26-009) TRAN, 20840 Fourth Street; -The applicant requests design review approval to construct atwo-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot basement is proposed. The maximum height of the proposed residence is 23 feet. The gross lot size is 5,177 square feet and the site is zoned R-1 10,000. This item was continued from the July 27, 2005 Planning Commission public hearing. DIRECTORS ITEM - Remind the Commissioners there is no meeting on December 28th 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 the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerh at (408) 868-1269 or ctclerh@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificateof Postingof Agenda: I, 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 17, 2005 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to planning@sarato ag ca.us • r ~ ' ' ~! U C MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, November 9, 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, Kundtz, Nagpal, Rodgers and Schallop Absent: Commissioner Uhl Staff: Director John Livingstone, Associate Planner Lata Vasudevan, Associate Planner Therese Schmidt and Planning Intern Suzanne Thomas PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of October 26, 2005. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission minutes of the regular meeting of .October 26, 2005, were adopted with corrections to pages 11, 12, 17, 29 and 31. (5-0-1-1; Commissioner Uhl was absent and Commissioner Kundtz abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 3, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. Planning Commission Minutes for November 9, 2005 Page 2 *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #05-123 (397-23-044) - ROSEVEAR, 20283 La Paloma Avenue, Saratoga: 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 28th public hearing.- (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that on September 28, 2005, the Planning Commission granted Design Review Approval (Application #05-040) with conditions that allowed the demolition of a single- family residence with garage and the construction of a new 2,880 square foot new residence. • Reminded that one of the imposed Conditions of Approval required the applicants and neighbors to come to an agreement on the issue of window size and glazing on the west facade. If an agreement could not be reached, this item was to be brought back before the Planning Commission. • Reported that the two sides were unable to reach an agreement. • Said that the applicant has requested that the Planning Commission review this issue again tonight. • Informed that since the overall home design has already been approved, staff has provided just the drawings that pertain to the western facade in tonight's staff report. • Stated that staff is recommending the approval of the original window design as submitted by the applicant. • Recommended that the Commission take action this evening to amend Resolution #05-40 to allow these windows as originally proposed for the western elevation. Commissioner Hunter asked Planner Lata Vasudevan what made staff decide to return to the original design. Planner Lata Vasudevan reported that staffs initial recommendation to the Planning Commission was to approve the design as submitted. She added that staff felt that the required Design Review findings to support it could be made in the affirmative. Chair Nagpal asked if staffs recommendation reflects Option E. • Planner Lata Vasudevan said that the recommendation was as originally shown on the submitted plans. s Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Planning Commission Minutes for November 9, 2005 Page 3 n Rosevear A licant and Pro ert Owner 20283 La Paloma Avenue, Sarato a: Mr. Brya pp P Y , g • Informed the Commission that he had gone to all his immediate neighbors to secure their sign off on his plans. • Added that he installed the story poles as requested. • Stated that the City also notified neighbors of his plans and advised him that the neighbors from two doors down had problems with his proposed design. • Advised that he met with those neighbors, the Bonds, who indicated that they had privacy concerns over the windows in his proposed second floor. • Said that he offered the Bonds some alternatives but they rejected each one. Rather they wanted to see the windows on this western second story elevation eliminated outright from the plan. • Said that Planning staff had recommended approval as submitted at the September 28~' public hearing. • Reported that Mr. Ken Bond approached him at the start of the last public hearing and it was thought that a compromise could be reached. • Stated that since that time the Bonds have threatened to sue them on several occasions. • Said that he and his wife have discussed the private agreement proposed by the Bonds regarding these windows with two different attorneys. Both attorneys discouraged them from entering into a private agreement with the Bonds. • Advised that he warned the Bonds that if this matter were brought back to the Commission he would no longer be willing to use a compromise design. • Explained that the Bonds had requested funds to replace five sets of binds in their home. • Reported that he went to the Bond home with a check in the amount of $2,000, which they refused to accept. • Added that the Bonds later advised that they also wanted him to replace binds on the opposite side of their house. • Said that he had then filed an appeal to Council but staff recommended that this item be brought back to the Planning Commission prior to that action. • Said that emails and phone calls have been exchanged with the Bonds. Again the request was made by the Bonds to replace all the blinds in their house. • Reminded that his home is not directly adjacent to the Bond home and is actually 75 feet away, window-to-window. • Said that the Bonds have had plenty of time to reach an agreement and refused. • Suggested that the only time there is potential for privacy impacts by the Bonds is at night when they could close their blinds to ensure their privacy. He added that this should not be a problem since there is no view outside from inside at night. • Said that there is no reason for his home to be shortchanged view and natural light. • Suggested that perhaps the Bonds need to move to a neighborhood with larger lots. • Reminded that all of the other neighbors are in full support. • Said that he is not asking for more windows than the Bonds already have on their second story. • Advised that his architect is present. • Requested that the Commission approve the design of this western facade as submitted. Ms. Barbara Bond, 20295 La Paloma Avenue, Saratoga: Planning Commission Minutes for. November 9, 2005 Page 4 • Agreed that the post hearing negotiations did not go well. • • Distributed photographs that depicted views from the windows of the proposed project, another of a recent remodel on the street that includes one elevation without windows, another picture of a home across the street with only one small bathroom window overlooking a neighbors yard and finally a picture of the across the street neighbor's home. • Said that they have not yet reached an agreement with the Rosevears regarding privacy impacts. • Suggested that the distance between their homes is only 50 feet. • Reminded that design guidelines state that the first priority for an addition is to existing neighbors and their privacy. • Stated that the windows on this elevation facing her property should include smaller windows than proposed. Commissioner Rodgers asked Ms. Barbara Bond what size windows she is specifically looking for. Ms. Barbara Bond said that she finds that the smaller windows of Options C and E still maintain the architectural compatibility sought by the Rosevears. Commissioner Schallop asked Ms. Barbara Bond why they don't simply pull their blinds. Ms. Barbara Bond said that they do have blinds and do pull them down every night. She added her belief that the Rosevears do not need these windows. Commissioner Schallop asked Ms. Barbara Bond if the Rosevear home as proposed was pre- existing would she not simply buy blinds or does she -have an expectation of privacy without blinds? Mr. Ken Bond, 20295 La Paloma Avenue, Saratoga: • Pointed out that the Rosevear property looks down on theirs while their property looks up at the Rosevear home. • Said that their windows are the main ones for their master bedroom while the Rosevears have five proposed windows for their master bedroom. • Stated that they simply want to retain their privacy and do not want the Rosevear's money. • Reminded that the Rosevears will have French doors, two large windows and another three windows for a total of five. • Said that per Planner Lata Vasudevan no windows are required on the northwest wall. These windows are therefore not needed and are of concern to he and his wife. • Said that while use of obscured glass has been discussed, the City has a limited means of ensuring that this glass would stay obscured. • Questioned the appropriate size for windows on this elevation but stressed that the need to have his privacy respected is more important that the Rosevears' need to have these windows. • Quoted from the Design Guidelines from other nearby cities on privacy impacts from • windows. • Asked the Commission to limit the size of these windows and to use higher sills. Planning Commission Minutes for November 9, 2005 .Page 5 • Supported Options C and E. Commissioner Schallop asked Mr.. Ken Bond to provide a brief history of the negotiations for compensation for blinds by the Rosevears to the Bonds. Mr. Ken Bond: • Reported that the Rosevears had given them an ultimatum. • Said that Bryan Rosevear told him that the Planning Commission was leaning in their favor. • Stated that Bryan Rosevear came to them with a check for $2,000. • Explained that since they had just replaced all of their blinds a year ago they wanted them all to match. Chair Nagpal asked Mr. Ken Bond if he still supports an agreement. Mr. Ken Bond said he would love to enter into an agreement as proposed with obscured glass and a supplemental agreement to retain the glass as obscured. Commissioner Schallop said that such an agreement would leave the Rosevears stuck with obscured glass even if the neighbor between their homes were to go with atwo-story addition that would then block any possible visibility between the Bond and Rosevear homes. At that time such an agreement would no longer be necessary. Mr. Ken Bond said that in that case this agreement could be cancelled. It could also be cancelled if he and his wife were to move from their home. Commissioner Schallop pointed out that most people close their binds at night. Mr. Ken Bond said he agrees that most do so at night but during the day there would still be visibility into. his_ home from the Rosevear home. Mrs. Rosevear, 20283 La Paloma Avenue, Saratoga: • Thanked the Commission for its time. • Reminded that she spoke with two attorneys and met with the Bonds several times, at which time they offered blinds, windows and fans without reaching any agreement. • Reported that the two attorneys both advised her not to sign any agreement. • Pointed out that Barbara Bond is an attorney with unlimited resources to sue that they simply do not have. • Said that the proposed legal agreement made them uncomfortable. • Reminded that Joan's property is located between their home and the Bond home. • Said that the agreement could remain in place even if the Bonds move away or if Joan adds a second story to her home located between them. • Requested approval and pointed out that they have already lost time and spent money on attorneys. • Commissioner Hunter asked the Rosevears how the felt about O tions C and E. Y P Planning Commission Minutes for November 9, 2005 Page 6 Mr. Bryan Rosevear said he does not like them because they would lose their view with those • options. Commissioner Hunter cautioned that the Commission likes to accommodate neighbors whenever possible. Mr. Bryan Rosevear said that those options do not. match the architectural style of their house using these smaller windows. Mrs. Rosevear corrected the assumption that there are windows on more than two sides of their master bedroom. Commissioner Hunter asked if it would be possible to put these proposed windows on the -other side of the house since the neighbor on that-side is more supportive. Mr. Bryan Rosevear replied not really. Mrs. Rosevear said that there are specific Code requirements to be met including near stairs. Flipping the design creates Code problems and would not work. Mr. Bryan Rosevear advised that a licensed land surveyor verifies the 75-foot distance between the Bond home and their home. Commissioner Rodgers asked if this distance is window to window. Mr. Bryan Rosevear replied yes. Mr. Michael McKay, Project Architect: • Pointed out that the proposed French doors are located at the front. French doors are not usually left open for ventilation purposes. • Said that as a matter of balance, these windows are needed for both inside and outside aesthetics. • Said that use of short high windows would appear unbalanced. • Reminded that they had offered five options to the Bonds and that the two preferred by them are the least architecturally compatible to the home's design. Commissioner Hunter asked the size of the windows as proposed. Mr. Michael McKay said he was not sure since the drawings are not to scale. Mr. Bryan Rosevear said that they are six feet wide by three-and-a-half feet tall. Commissioner Hunter asked if the smaller windows are three feet by five feet? Mr. Michael McKay replied yes. Use of these windows results in the loss of view of the hills. • The Rosevears would be able to look at the skyline from bed with the proposed windows. Planning Commission Minutes for November 9, 2005 Page 7 Commissioner Hunter asked about the possible use of skylights. Mr. Michael McKay said that skylights only offer view of sky. He added that they are not as compatible architecturally as the proposed windows are. Mr. Bryan Rosevear added that they also do not provide any ventilation. Commissioner Cappello asked if Option A is acceptable. Mr. Michael McKay replied yes. He added that he thought Option A was the best alternative offered and the least likely to create intrusion on the either the Bonds' br Rosevears' privacy. Commissioner Cappello asked if Option A is balanced architecturally. Mr. Michael McKay replied yes, Option A is the best compromise solution. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Schallop; • Said that the neighbor has raised a privacy issue. However, there is no reason to expect privacy without blinds. • Added that this applicant is entitled to have windows. on #hat side of the house. • Advised that he is in favor of Option A as a solution. • Stated that he likes to encourage resolution between the parties and both sides have made good faith efforts to do so. • Pointed out that Code does not support the Bonds' version- of privacy expectations and they are not reasonable. • Added that the average person should expect the potential for two-story neighbors with windows. Commissioner Rodgers: • Said that Codes and Design Review findings must be considered. • Said that Design Review supports the avoidance of any unreasonable view and/or privacy interference. • Questioned whether the distance of 75 feet creates an unreasonable interference since there is no direct view into the bedroom. • Pointed out Policy 3 in the Residential Design Handbook that states that a key ingredient in quality of life includes controlling views into adjacent properties.. • Said that when there is a conflict between the Zoning Ordinance and Design Guidelines, the Zoning Ordinance supersedes the Design Guidelines. • Agreed that absolute privacy is not supported but reasonable privacy is. • Chair Nagpal asked Commissioner Rodgers which option she supports. Commissioner Rodgers replied staffs recommendation at the moment. Planning Commission Minutes for November 9, 2005 Page 8 Chair Nagpal asked about Option A. Commissioner Rodgers said that there is no unreasonable interference and staff's recommendation can be supported and is architecturally superior to the other options. She reminded that the neighbors prefer Options C and E and she is willing to listen to the other Commissioners. Commissioner Kundtz: • Pointed out that the Residential Design Handbook's Policy 3 calls for the avoidance of interference with privacy as a key ingredient in the quality of life. • Continued to read that privacy impacts should be resolved and addressed through good design and not as mitigation measures. • Stated that he cannot support staff's recommendation as proposed. Commissioner Cappello: • Stressed the need to balance privacy impacts and good design and to consider reasonable versus unreasonable expectations. • Said that if the Bond and Rosevear properties were adjacent it would be easier to determine impacts. When the homes are located two houses away there is a grey area. • Pointed out that there is precedent here as there is another house a few doors down from the Rosevears with windows facing the Bond property. • Said that he has no problems making the required findings. • • Said that Option A lends itself to diminishing the privacy impacts while still maintaining good design. • Agreed that the view of the hills is spectacular and the design would be ruined without enjoyment of views. • Said he agrees with the- architect that it would be a travesty to remove that view. • Said that he is for Option A over the original design option as a clear compromise. Commissioner Hunter: • Said that she has served on the Commission for many years and has faced this issue many times. • Reminded that the Commission has changed designs to honor privacy and has taken out requested windows. • Agreed that a compromise is needed and neighbor privacy must be respected especially when a new home is being constructed in an existing neighborhood. Commissioner Rodgers asked Commissioner Hunter about a previous hearing she watched prior to joining the Commission for another home in this neighborhood. Commissioner Hunter: • Recounted that a neighbor had concerns about loss of light in her kitchen. • Reported that in that case the provision of a skylight was the compromise. • Stated that use of obscured glass is a strange thing. • Expressed support for smaller windows. Planning Commission Minutes for November 9, 2005 Page 9 • Stressed the importance of compromise here where privacy concerns have been raised. Chair Nagpal: • Said she agrees with some points made and disagrees with others. • Stated her concern that newer homes should not be held to a different standard. They should be held up to the same Design Review criteria as anyone else without being penalized for being new and held to a higher standard. • Said that the key issue here is whether the proposed placement of windows here is unreasonable. Are windows needed here? • Agreed that homes are close together in this neighborhood and she puts her drapes down at home for privacy. • Said that she supports this application and in the interest of compromise can support Option A. • Stated that the four other alternatives look odd. They are not consistent or proportional. • Added that she is not in support of the use of obscured glass and is against having the Planning Commission impose a condition to file a formal legal agreement with the neighbors. • Said that she can support Option A or staffs recommendation. • Stated that this is a tough decision but based upon a variety of criteria she does not feel that this request unreasonably interferes with privacy. Commissioner Rodgers reminded that both sides negotiated privately. Commissioner Hunter said that nine-foot windows on a second story are large. Chair Nagpal said she was not clear the size of the two windows for Option A. Commissioner Cappello said that they are four feet by four feet. Motion: Upon motion of Commissioner Cappello, seconded Schallop, the Planning Commission granted Design (Application #05-123) with window design Option A for a residence on property located at 20283 La Paloma following roll call vote: AYES: Cappello, Nagpal, Rodgers and Schallop NOES: Hunter and Kundtz ABSENT: Uhl ABSTAIN: None *~ PUBLIC HEARING -ITEM NO.2 by Commissioner Review Approval new single family. Avenue, by the APPLICATION #06-002 (397-34-006, 397-34-007, 397-30-060) 13998 and 14000 Shadow Oaks Way and 13425 Fruitvale Avenue - MEHRA, NARAYAN & 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 Planning Commission Minutes for November 9, 2005 Page 10 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. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicants are seeking approval of a General Plan Amendment, Rezoning and a Lot Line Adjustment to allow the transfer of 9,851 square feet of property to 13,998 Shadow Oaks Way and 6,868 square feet of property to 14000 Shadow Oaks Way. • Described the property as being located on the southwest side of the school site (Redwood). It is located on the other side of Wildcat Creek and is not being used by the school. • Said that the transfer of this school land to adjacent residential owners is proposed for maintenance purposes. • Explained that the entire Wildcat Creek portion of this land would continue to be located on . school property. • Reported that the Santa Clara Valley Water District (SCVWD) is -not interested in purchasing this land but might want to have an easement. • Said that staff has added a Condition of Approval requiring compliance with any SCVWD easement request. • Informed that any work that occurs within 50 feet of a watercourse requires a permit from SCVWD. This work would include any fence installations. • Described the General Plan and Zoning designations for the three properties and explained that while all would remain the same, General Plan and Rezoning are required in order to retain consistency with the Lot Line Adjustment. • Reported that a Lot Line Adjustment would be processed through an Administrative process. • Recommended that the Commission forward a recommendation to Council to approve the proposed General Plan Amendment and Rezoning for these parcels. Commissioner Hunter expressed her concerns about having three General Plan Amendments within a short time and asked how many are allowed per year. Director John Livingstone: • Replied that there will have been three this year with this one. .7 Planning Commission Minutes for November 9, 2005 Page 11 • Said that General Plan Amendments are a tool available to staff to promote minor zoning changes and good land use planning techniques. They help eliminate inconsistencies between Zoning and General Plan designations. • Said that this action would be correcting the General Plan to match this proposed Lot Line Adjustment and is better for the future. Commissioner Hunter asked staff to further explain the SCVWD easement and whether that means that they would be responsible for the maintenance of that easement. Planner Lata Vasudevan said that SCVWD has existing easements up and down creeks but not on this land. They would maintain the creek for flood control purposes. She added that the School District would remain the owner of that section of Wildcat Creek. Commissioner Rodgers asked if the path leading to the street would be maintained. Planner Lata Vasudevan replied yes, this Lot Line Adjustment does not affect the path. Chair Nagpal asked staff about the lot sizes for these two residential properties and whether this action would allow them to be subdivided. Planner Lata Vasudevan replied that they are 20,000 and 20,500 square feet in size respectively and each would be increased by approximately 9,000 square feet. As these parcels are zoned R-1-20,000, neither property would be large enough to be subdivided in this zoning district. Commissioner Hunter asked if the School District notified the public of its intent to sell. Planner Lata Vasudevan said that there is a long procedure for selling of surplus land but it is not under the jurisdiction of City staff. Commissioner Rodgers asked if a finding is required that the health, safety and welfare of the community would be improved with this action. Planner Lata Vasudevan replied no. She said that the action required is that the Commission finds this application to be in compliance with the General Plan and forwards a recommendation to Council to take action on the General Plan Amendment and Rezoning. Commissioner Hunter asked staff why a Negative Declaration was not required. Planner Lata Vasudevan explained that there is a provision under CEQA that if there is no possible way of impact found, a Negative Declaration is not required. Commissioner Rodgers pointed out that per a School District report this property is seen as a nuisance. Director John Livingstone reiterated that just the findings in the draft Resolution are required. Planning Commission Minutes for November 9, 2005 Page 12 Chair Nagpal opened the Public Hearing for Agenda Item No. 2. Mr. Mehra, Applicant and Property Owner, 14000 Shadow Oaks Way, Saratoga: • Explained that he had discussed the nuisance conditions of this property located behind his with the School District. • Said that in April 2005, he signed a contract with the District for the purchase of this land. • Stated his intent is to fence the area as allowed and to preserve the old trees. • Said that the School wants to get rid of this surplus land. Mr. Narayan, Applicant and Property Owner, 13998 Shadow Oaks Way, Saratoga: • Expressed is support for this application. Chair Nagpal closed the Public Hearing for Agenda Item No. 2. Commissioner Cappello: • Said that this is a good project with the new owners fencing off the area and maintaining it. • Stated that this action will keep the area safe, keep children out of there and works out well. • Advised that he is supportive. Commissioner Hunter: • Said she has mixed feelings about a School District selling land. • Stressed the importance of creek maintenance and existing native landscaping along the creek. • Added that she would be supportive. Commissioner Rodgers said that she too supports this application and agrees with the need to maintain the native vegetation along the creek banks. Chair Nagpal reminded that these areas could not be cleared without the approval of SCVWD within 50 feet of the creek. Planner Lata Vasudevan agreed. Commissioner Rodgers said that this provision must be made clear to these owners. She said she is comfortable with the required findings and finds this a more practical solution for the School District who has to cross the creek to maintain this property. Commissioners Kundtz and Schallop agreed. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council to approve a proposed General Plan Amendment (Application #06- 002) for properties located at 13998 Shadow Oaks Way, 14000 Shadow Oaks Way and 13425 Fruitvale Avenue to facilitate the sale of surplus Saratoga Union School District property located on the other side of Planning Commission Minutes for November 9, 2005 Page 13 Wildcat Creek from Redwood Middle School to the two adjacent residential property owners, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council to approve a proposed Rezoning (Application #06-002) for properties located at 13998 Shadow Oaks Way, 14000 Shadow Oaks Way and 13425 Fruitvale Avenue to facilitate the sale of surplus Saratoga Union School District property located on the other side of Wildcat Creek from Redwood Middle School to the two adjacent residential property owners, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM NO.3 APPLICATION #06-100 (397-22-012) - SARATOGA FEDERATED CHURCH SCHOOL, 20390 Park Place, Saratoga: 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. (SUZANNE THOMAS) Planning Intern Suzanne Thomas presented the staff report as follows: • Stated that the applicants are seeking approval of a modification to an approval from November 6, 2002. • Said that at that time, the Fire District required the installation of an automatic gate. • Advised that the applicant is now seeking relief from that requirement. • Explained that at the time of approval, it was thought that the parking lot would be used as ingress from Highway 9 and might become apass-through for traffic. • Added that today it serves as only an exit from the site to Highway 9. There has been no significant cut-through traffic through this parking lot. • Informed that letters of support for the elimination of this gate have been received from the Fire District and from neighbors. No negative correspondence has been received. • Said that this gate was originally to prevent cut-through. Conditions have changed and this gate is no longer necessary. • Said that the removal of the gate would not impact the original Use Permit. This change is not significant and not detrimental. Planning Commission Minutes for November 9, 2005 Page 14 • Reminded that the Commission retains on-going jurisdiction over this Use Permit. • Recommended approval and advised that the applicant is available for questions. Chair Nagpal opened the Public Hearing for Agenda Item No. 3. Mr. Jerry Bruce, Director of Church Administration, Saratoga Federated Church: • Thanked staff for its assistance. • Said that there was a very long process during the planning, development and execution of this project. • Said that in 2002, there were safety and traffic concerns around the church. These concerns have been reduced. The automatic gate was required as a deterrent to cut- through traffic. • Said that at this time, this gate is unnecessary and counterproductive. • Said that he has one variation from staff's recommendations in that he would like this action to be permanent rather than temporary. • Reported that he went door to door on Park Place and received letters of support. • Reminded that the City retains the right to evaluate their use in the event it becomes necessary. • Asked for approval. Mr. Bryan Rosevear, Co-President, Village Green Neighborhood Association: • Explained that just one neighbor on Park Place had wanted this gate. • Said that traffic in the area has been mitigated since then. • Said that this gate was a big waste of money. • Expressed support for its removal. Chair Nagpal closed the Public Hearing for Agenda Item No. 3. Commissioner Hunter said she never understood the need for this gate to begin with and is in total support of getting rid of it. Chair Nagpal asked staff why it recommends temporary approval of its removal. Planner Suzanne Thomas said that the original request was for the temporary removal. Commissioner Rodgers asked if a change to the draft resolution is required. Director John Livingstone replied no. Commissioner Cappello said he supports this request. Commissioner Kundtz said that it makes sense. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission granted a modification of plans (Application #06-100) to allow the elimination of a requirement for an Planning Commission Minutes for November 9, 2005 Page 15 • automatic gate on property located at 20390 Park Place, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM N0.4 & 5 APPLICATION #06-090 -CROWN CASTLE. Hi4hwav 9 & Bia Basin Wav: The applicant requests approval for a Conditional Use Permit to co-locate an omni antenna and associated cabinet directly on existing telephone poles along Highway 9 and Bib Basin Way. The proposed height of each antenna will not exceed the height of the existing telephone poles. (THERESE SCHMIDT) APPLICATION #06-094 -CROWN CASTLE, 20506 Saratoga-Los Gatos Road: The applicant requests approval for a Conditional Use Permit to construct an unmanned telecommunications hub within a 691.23 square foot tenant space, which would provide sublease area for up to four carriers in the CN Zoning District. (THERESE SCHMIDT) . Associate Planner Therese Schmidt presented the staff report as follows: • Stated that the applicant is seeking two approvals to allow the installation of a telecommunications hub with five antennas that are eight feet, three inches high on six-foot extension arms and between 26 and 48 feet from the ground on utility poles. The hub would be unmanned and consist of 691 square feet of retail space that is not considered prime space. • Said that no parking is required to support the hub and it creates minimal noise. • Advised that both applications are Categorically Exempt under CEQA. • Reported that no correspondence has been received. • Recommended approval as conditioned and deferred any technical questions to the applicant. Chair Nagpal sought clarification that both items would be discussed together. Planner Therese Schmidt replied yes. The Commission would have the option to approve one or both requests. Commissioner Hunter asked about the height of the box. Planner Therese Schmidt said that it is approximately eight feet or higher from ground level attached to a utility pole. There are eight-foot long antennas located at the highest level at 48 feet. • r h Ilo a k d if th woul be located over the road. Commissione Sc a p s e ey d Planning Commission Minutes for November 9, 2005 Page 16 Planner Therese Schmidt said that they are toward Highway 9 predominately. Commissioner Rodgers questioned the placement of the hub in the CH-1 zoning that calls for retail uses whenever possible. She asked if that was considered when making the staff recommendation. Planner Therese Schmidt agreed that this site is located within the Village Central area where normally retail, pedestrian-friendly uses are encouraged. However, this use will provide cellular coverage using less desirable retail space with no street frontage. The benefits are found to outweigh the concerns over loss of such a small amount of retail space. Chair Nagpal asked if other locations were evaluated. Planner Therese Schmidt said she would defer that question to the applicant. Chair Nagpal opened the Public Hearing for Agenda Items No. 4 and No. 5. Mr. Charles Dunn, Representative for Crown Castle, Applicant: • Thanked Planner Therese Schmidt for her work. • Said that they are working to do the utmost to maximize coverage with the lowest possible visual impacts. • Said that the major advantage of their technology is that it results in non-proliferation. • Added that a minimum number of antenna sites would be needed in the area. • • Advised that they can handle multiple carriers with fewer cell sites down the road. • Said that he has just one problem with the proposed conditions. That is Condition #4 that requires CalTrans approval prior to issuance of a City Building permit. • Explained that they must be able to work concurrently with both CalTrans and the Building Division. • Said they support a condition that CalTrans must issue its approval prior to their constructing their site. • Said he and the technical staff would be available for questions from the Commission. Commissioner Cappello: • Asked for clarification on the possibility of multiple carriers with this installation. • Recounted how other carriers have said that they can't have too close proximity with other carriers. Questioned the differences in information and asked how this design is different. Mr. Charles Dunn reported that this technology is next generation. Mr. Raj Srimantale, Project Engineer: • Explained that this technology uses horizontal coverage. • Assured that it can handle between four and five carriers. Commissioner Cappello asked if there is any carrier that cannot be accommodated with this • technology. Planning Commission Minutes for November 9, 2005 Page 17 • Mr. Raj Srimantale replied no. Commissioner Rodgers asked if coverage would be provided for Big Basin Way and the Village itself. Mr. Ward Enright, Crown Castle, said that the coverage range is depicted on the provided map for all the antennas. The installation can be expanded in the future but is not intended to serve the Village at this time. Commissioner Cappello asked the applicant to further describe this design concept as it is new to this community. He asked for details about the hub and capacity, the antenna structure, the unobtrusive nature of the design and how it can be incorporated into residential communities. Mr. Ward Enright: • Said that their system is a distributed antenna system with five antennas spaced along Highway 9. • Added that they also create the hub site and pike out fiber-optically to poles where these antennas are located. The system converts the RF into fiber optics. • Advised that they can either install or lease fiber optics and can easily increase capacity. Commissioner Rodgers asked if more physical equipment is required to expand capacity. Mr. Ward Enright said yes more equipment is needed but not more space. Commissioner Rodgers asked for clarification that they are not looking at expanding coverage on Big Basin Way at this time. Mr. Ward Enright said that is correct. They are focusing on the other direction at this time. Chair Nagpal asked for clarification on the request to revise a Condition of Approval on the timing of approvals for both Building permits and CalTrans. Mr. Ward Enright said that they need to be able to secure these approvals concurrently. First the Public Utilities Commission must issue permits and after that CalTrans will be able to issue. Mr. Charles Dunn pointed out that it is often difficult to coordinate with two separate governing bodies such as CalTrans and the local jurisdiction. Chair Nagpal asked if CalTrans requires issuance of a Building permit before it would issue its own clearance or is it just the Planning Use Permit approval that is required prior to CalTrans approval. Mr. Ward Enright said that they can start work on the hub but not on the antennas along Highway 9 prior to CalTrans approval but would need the Building permit to do so. Planning Commission Minutes for November 9, 2005 Page 18 Chair Nagpal asked if other hub sites had been considered. • Mr. Ward Enright said they looked at several sites. Either there was not enough space or a site was located too far off. He said that there are distance and cost factors. Pointed out that using towers is actually cheaper than this type of installation. Chair Nagpal again asked if other sites were fully evaluated. Mr. Ward Enright said they certainly were but they were monumentally expensive options. Commissioner Rodgers asked about the generator. Mr. Charles Dunn explained that the generator would not remain on site but rather would be brought in on an emergency basis. Commissioner Cappello asked what other formats would accommodate this type of installation for the antennas. Mr. Ward Enright said light poles, phone poles and utility poles. He said that equipment could also be place in buildings with the corresponding antennas place on a roof. Chair Nagpal closed the Public Hearing for Agenda Items No. 4 and No. 5. Commissioner Rodgers: • Pointed out a needed amendment to Condition #7 to add the word "pad" after the words emergency generator. Planner Therese Schmidt agreed that the pad would be in place only and generators brought in when needed in an emergency. Commissioner Cappello: • Declared that he is happy to see this type of technology coming into our community. • Pointed out that this design with its smaller antennas on phone poles is unobtrusive and provides valued phone service. • Said that while he is not crazy that the hub is going into the Village, it is not on prime street frontage retail space and the adjacent bike shop would be able to use the window display space the hub itself does not require. • Stated that he has no issue with this project. Commissioner Hunter: Said that she agrees with Commissioner. Cappello. Pointed out that this hub will be located in. the newly redeveloped Corinthian Corners building but in a back area. It is only 600 square feet and no parking is required to serve this unmanned hub. Said she supports both applications. Planning Commission Minutes for November 9, 2005 Page 19 Commissioner Kundtz: • Said he supports this project as well. • Expressed his appreciation for this advanced technology that is of a discrete nature. • Said that the fact that no parking is needed to serve the hub is a plus. • Said that this project makes sense and is an efficient way to move forward. Chair Nagpal asked staff if they could support the proposed modification to Condition #7. Planner Therese Schmidt said that staff is concerned. If CalTrans ultimately does not allow this project to move forward after the applicant has begun installation of equipment,. the applicant would be forced to remove that equipment. She stated that staff could support the applicant obtaining their Building Permit but not beginning installation until issuance of the CalTrans permit has occurred. Commissioner Rodgers asked Director John Livingstone for his input on the issuance of permits. Director John Livingstone: • Said that staff can be flexible but cautioned that CalTrans approval must ultimately be obtained by the applicant. This is a Condition of Approval for this Use Permit. • Added that if CalTrans ultimately does not approve its application, any equipment installed would need to be removed. • Stated that it is staffs preference to have the CalTrans approval in place first but could condition that the CalTrans approval must be issued prior to final Building Permit sign off. Commissioner Rodgers: • Said that she is happy to see this type of facility. • Said that this is a very classy solution for the Village. • Said that staff has made the finding for community benefit with this use versus retail use for this space that is not considered prime retail space. Chair Nagpal agreed that it is great to see this technology. She said she would support a modification to Condition #7 that would require the issuance of the CalTrans approval prior to signing off on the City's final. building inspection. Agenda Item No. 5 Motion: Upon motion. of Chair Nagpal seconded by Commissioner Hunter, the Planning Commission approved a Conditional Use Permit (Application- #06-094) to allow the construction of an unmanned telecommunications hub within a 691.23 square foot tenant space on property located of 20506 Saratoga-Los Gatos Road with the modification to Condition 7 to add a word emergency generator ~, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None Planning Commission Minutes for November 9, 2005 Page 20 Agenda Item No. 4 Motion: Upon motion of Chair Nagpal seconded by Commissioner Cappello, the Planning Commission approved a Conditional Use Permit (Application #06-090) to allow the co-location of an omni antenna and associated cabinet directly on existing telephone poles along Highway 9 and Big Basin Way, with the revised condition requiring CalTrans approval prior to final building permit sign off, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None *** DIRECTOR'S ITEMS Director John Livingstone advised that there would be a Regular Planning Commission meeting in two weeks on November 23, 2005. The indication of cancellation on this week's agenda was an error. • COMMISSION ITEMS Commissioner Hunter advised that she attended a -two-hour Village Ad Hoc Committee meeting today where they went over the draft Village Design Guidelines. Commissioner Rodgers advised that she did research and learned that the County does have a free neighbor dispute resolution program. The Dispute Resolution Program operates out of 70 W. Redding Street. AI Lampell is the Program Director and can be reached at 408-792- 2320. Preparation time takes about two weeks. Commissioner Rodgers expressed appreciation for the hand written pagination of the staff reports in this week's packets. Director John Livingstone said that it is easier to hand number the pages than using the stamp they have that requires manually changing numbers with. a metal stick between each number, which is a cumbersome process. Commissioner Hunter agreed that it is nice to have all of the report pages and exhibits numbered as they are easier to use. COMMUNICATIONS Mr. Jerry Bruce, Director of Church Administration, Saratoga Federated Church: • Said he stayed to this point following the completion of his item (Agenda Item #3) because he wanted to make it clear in the record that the neighbors on Park Place were very cooperative in their dealings with the Church. Planning Commission Minutes for November 9, 2005 Page 21 • Added that he did not want the comments made by a member of the community during the hearing to appear to reflect the Church's views on its interactions with its neighbors. ADJOURNMENT TO NEXT MEETING • Upon motion of Commissioner Hunter, seconded by Commissioner Cappello, Chair Nagpal adjourned the meeting at 9:23 p.m. to the next Regular Planning Commission meeting of November 23, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk r~ Corinne A. Shinn , 3160 Irlanda Way, San Jose, CA 95124 (408) 267-3327/Home Email address: corinneshinn(c~earthlink.net November 10, 2005 Community Development Department Attn: Elizabeth Runyan City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Elizabeth: This letter serves as my invoice and request for payment for services rendered: as Saratoga's Contract Minutes Clerk for Planning Commission meetings. I am requesting payment as follows: November 9, 2005 (Regular Meeting) 450.00 NEW AMOUNT DUE -NET 15 DAYS $450.00 (Reed 11 /9/05) Con4omhor 1 ~) ~ ~nn~ (Reed 11/9/05) (Reed 10/21/05) October 12, 2005 (Regular Meeting) $450.00 October 26, 2005 (Regular Meeting) 450.00 PAST DUE-PLEASE REMIT IMMEDIATELY $ 900.00 Please remit to the above address. Thank you. Sincerely, Corinne A. Shinn .7 _~ ~ ® c~ c ~c c a Di c v c y c 1..1 =cy .;w Rw R4. R::. 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R t- F = X23 C J = :; U N 'o ~ C C ~ ' c7 = ~ 5 3 ~ U O r/ N ~~ C ~ O t U ~ ~ ~ ~' O O N U C V] Ci] C`_ C: S CC N cs U - C K U CL' .^ U ~ ~ U ~= C ~` U .' ~- C N R U G • ~ 7J > O` J ~ N ti o .a ~ .. E ~ ~ U ~ ~ o ' .. ~ ~ N y a`' ~ ~ >o ~ c R z .__ N ~ > U ~ s E 'b > o v ~ ~ > a '" ~ ~ c r ~ ~ a ~ •- E F ~ ~ E ~ C U N O Q, E ~ R y ~ .. C y ~ R L (J ~ ~ U R V ~ f.. G R LL O U cO U L ~ ~ U ~ ~ _ ~ L. N I c~a ~ •a^a ^.~i '? v 0. w x M x ~ i CG = ~ c c 'c y 2 o i x ti Y ~ -v .. , Z V~ ~ R c..~ U ~ .D :v o L •4 E- ~ c, ~, ~ ~ LL S O 'L v y '~_ ~ ~ O G ~ 3 V1 ~ A 3 ~ ,~ O G 3 C/1 % Ca N b V a~i ~ a > , ~' ~ c F °o ~ 3 > n`°i .` G a' _ x~ n 3 ¢ ~ v1 v U > U V ~ > rz 3 a a 3 v 3 ~ u CONSENT City of Saratoga Community Development Department MEMO TO: PLANNING COMMISSION /~~f FROM: John F. Livingstone, AICP L !.~ Community Development ' ector DATE: November 23, 2005 RE: Capital Improvement Program/Finding of General Plan Consistency The Public Works Director is requesting that the Planning Commission adopt a Resolution finding that the Ciry's Capital Improvement Program is consistent with the City of Saratoga's General Plan. In the material provided by the Public Works Director each project is listed and the associated General Plan goal or policy is stated. The environmental determination will be addressed project by project as they are funded for construction. Staff recommends the Commission adopt the attached Resolution. Attachments 1. Memo from Public Works Director, John Cherbone 2. Resolution 3. Capital Improvement Project List Spreadsheet (Exhibit "A") 4. Pages from the General Plan, which include supporting Goals and Policies cited in the spreadsheet. • • Attachment 1 000002 • Memo To: Saratoga Planning Commission From: John Cherbone, Public Works Director ~ ° ~ Date: November 23, 2005 Re: Proposed Projects for the 2005/2006 CIP Update I am pleased to transmit to you for your review 2lproposed projects in connection to the Fiscal Year 2005/2006 Capital Improvement Plan (CIP) update. The role of the Planning Commission is to determine whether the new CIP projects are consistent with the General Plan. The 21new projects for consideration have been reviewed by the City Council. Attached to this memo is a spreadsheet with a brief description of each new project and the applicable pages from the General Plan, which correspond to the referenced Goals, Policies, and Implementation Measures of the each General Plan Element. I will be in attendance at your meeting if you have any questions regarding the new projects. Ultimately your recommendation on the projects will be forwarded to the City Council for consideration at the December 7 CIP Public Hearing. If prior to your meeting you have any questions about this information, please feel free to contact me at 868-1241. • • Page 1 Attachment 2 • oo~roo~ • APPROVAL OF RESOLUTION NO. CITY OF SARATOGA PLANNING CONIlVIISSION STATE OF CALIFORNIA WxEREas, the City of Saratoga Planning Commission has received a request from the Public Works Director to find that the Proposed Capitol Improvement Program is consistent with the City of Saratoga General Plan; and WxEREAS, the Planning Commission reviewed and considered the materials submitted by~ the Public Works Director which include a listing of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby find that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on November 23, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: • Secretary to the Planning Commission • Attachment 3 • I~ i! Land Use Element LAND USE ELEMENT 1 of 9 City of Saratoga General Plan Executive Summary O~On~ Land Use Element OVERALL. HEIGHT LIMIT Except for structures located within the Village boundary (as defined by the Village Area Plan, 198_), no structure shall be over two stories or 26 feet in height. In the Village, structure height will be limited based on compatibility with existing structures and the natwal environment. (Include graphics to extend this to a full five pages; begin ]and use Policies on next page...) LAND USE GOALS, POLICIES AND IMPLEMENTATION MEASURES The following goals, policies; and implementation measures are an important part of the Land Use Element in that they offer specifics to help guide citizens and policymakers. GOAL 1 : SHPERE OF INFLUENCE PLAN Adhere to the adopted Saratoga Sphere of Influence Plan POLICY 1 Land shall not be annexed to Saratoga unless they are contiguous to the existing city limits and it is determined by the city that public services can be provided without unrecoverable cost to the City- and dilution of services to existing residents. IMPLEMENTATION MEASURE 1 Annexation proposals shall be carefully studied to determine their economic and urban service impacts to the Ciry. POLICY 2 The City shall evaluate its designated unincorporated Urban Service Areas to determine if the areas are compatible with the County's Local Agency Formation Commission (LAFCO) Policies and area appropriate for annexation and urban development. IMPLEMENTATION MEASURE 2 All fow urban service areas to be studied to determine if further retraction of wban service boundaries is required. These studies should be coordinated with LAFCO with public. hearing before the Commission and Council. GOAL 2: NORTHWESTERN HILLSIDE SPECIFIC PLAN Adhere to the Northwestern Hillside Specific Plan which is incorporated herein by this reference. GOAL 3: HISTORIC CHARACTER Enhance the unique historic character of the Village as the center of community activity, commerce; and vitality. • r~ ~J • 6 of 9 City of Saratoga General Plan Executive Summary- 0~~~8 Land Use Element PoucY 3 The City shall encourage the designation of heritage resources and assure their protection, maintenance, and enhancement by the provisions of the heritage preservation ordinance. IMPLEMENTATION MEASURE 3 To be implemented by the Heritage Preservation Ordinance and the Heritage Preservation Commission. GOAL 4: ECONOMIC VIABILITY Encourage the economic viability of Saratoga's existing commercial areas and their accessibility by residents, keeping in mind the impact on surrounding residential areas. POLICY 4 Non-residential and industrial uses shall be buffered from other uses by methods such as setbacks,, landscaping, berms, and soundwalls. IMPLEMENTATION MEASURE 4 Review the Design Review and Limited lndustrial Ordinances to deternrine if increased setbacks and landscaping are required. POLICY 5 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. POLICY 6 The City shall revise-the zoning ordinance to allow bed and breaWast establishments as conditional uses in commercial or residential zoning districts where such uses have not previously been perntitted and where such uses would be appropriate. GOAL 5: DESIGN REVIEW PROCESS .The City shall use the design review process to assure that new construction and majoi additions thereto are compatible with the site and adjacent surroundings. GOAL C): NEW DEVELOPMENT AND LAND USES Relate new development and its land uses to presently planned street capacities so as to avoad excessive noise, traffic, and public safety hazards. If it is determined that existing streets need to be improved to accornmodate a project, such improvements shall be in place or bonded for prior to issuance of building permits. 7of9 City of Saratoga General Plan Executive Summary 0~~~9 '~ Open Space Element OPEN SPACE ELEMENT • • • 1 of 9 City of Saratoga General Plan Executive Summary OOUf~~O Space Element • PREFACE GENERAL OPEN SPACE GOALS GOAL 1 7'o provide and maintain open space resources of local and regional significance accessible to the public. GOAL 2 To preserve the hillside and mountainous ]and in its natural condition and inherent natural beauty. GOAL 3 To use open spaces to protect human life and property from natural hazards such as-fire, flood, seismic, and geotechnical hazards. GOAL 4 To achieve and maintain a harmonious relationship between the natural environment and man- made structures and land uses. GOAL 5 To protect and conserve narural resources including v~~atersheds; eater quality, productive agricultural land. native vegetation and wildlife habitat; mineral land; archaeological and historic sites and areas of ecological significance. GOAL 6 To encourage preservation of land uses for open space and agriculture GOAL 7 To preserve the natural and rural character of Saratoga. GOAL 8 To preserve and protect existing view sheds, view corridors, and scenic open spaces. GOAL 9 To create and maintain distinctive; amactive entrance ways reflecting the City's rural character and scale. 2of9 City of Saratoga General Plan Executive Summary :Q ~~~. Open Space Element GOAL 10 To ensure that any new development is sensitive to the natural envrronment and the community's open space resources. GOAL 11 To provide and maintain parks v,~hich are located, designed, and .improved to serve the needs of the residents, the community; and the neighborhoods of Saratoga. GOAL 12 To provide and maintain a trail system v~fiich links open spaces, schools, public facilities; the Saratoga Village, and historic sites. GOAL 13 To encourage the awareness; appreciation. and use of the City's open space resources in Saratoga's residents, particularly its youth. GOAL 14 To preserve and maintain existing open space resources. GOAL 15 To preserve open space and recreational resources provided on school sites and surplus school sites through acquisition and/or land use controls. GOAL 16 ~ . To preserve, protect; and maintain riparian habitats and creek corridors. GENERAL OPEN SPACE POLICIES POLICY 1 Preserve; through a variety of methods, as much as possible of the open space areas described in the Open Space Element for visual greenbelts; conservation and management of environmental- resources, public health and safety protection and for recreational use. POLICY 2 Prepare an open space management plan in conjunction with its Capital Improvements Program. The Plan would identify open space needs as well as the appropriate use and ongoing maintenance -needs of open space areas. POLICY 3 Encourage and facilitate the participation of individuals, citizens, groups, civic organizations; and those having special needs, such as the physically disabled; in the open space planning process. 3 of 9 City of Saratoga General Plan Executive Summary ril2~lC'iA ~J Soace Element PoucY 4 rade existin municipal open space, parks, and trails to serve the current and Improve and upg g future recreational needs of the community.- These shall be consistent with preservation of open space.. POLICY 5 Be vigilant in maintaining existing and future parks and dedicated. open spaces to ensure that they remain part of the public domain in perpetuity. UNINCORPORATED HILLSIDE AREA POLICIES AND IMPLEMENTATION MEASURES POLICY 6 The City shall make a concerted effort to protect open space and manage future land uses within the unincotporate a ]andseshould they) be ome part of thenCity o the C'ry's Sphere of Influence. standards [to] thes [ POLICY 7 A significant component of the open space value in the foothill area comes from agricultural uses which have a long history of existence tied to the heritage. of Saratoga. In evaluating future land uses; efforts shall be made to maintain agricultural ]ands as a component of open space and to preserve the rural and agricultural heritage of Saratoga. The City shall discourage the early cancellation of Williamson Act Contracts. POLICY 8 Public use and enjo}~nent of the unincorporated hillside areas for recreational purposes shall be encouraged through direct or indirect public land acquisition, encouraging both private and public recreational uses. Appropriate regulation of privately held lands to obtain maximum use of open space resources, such as the establishment of trail and open space easements, should be consistent with conservation of the natural environment. . POLICY 9 Future land uses within the western hillside or any sphere of influence expansion area shall be consistent both with existing patterns of land use in the unincorporated hillside areas, and with the City's desire to maintain the area as predominantly open space and rural. These uses may include city county, state, federal; or special district parks, nature preserves, and resource protection areas; private campgrounds, picnic areas, and similar low-intensity recreational uses; non-residential, for- profit uses, which invite members of the public to enjoy open space resources and amenities in a small-scale, low impact manner; residential uses which are environmentally sensitive and visually non-obtrusive, maximizing open space protection; the environmentally sensitive expansion of agricultural uses, including vineyards, wineries, orchards, and pastures; and existing recreation facilities. • 4 of 9 City of Saratoga General Plan Executive Summary ,nO~®~~ Open Space Element IMPLEMENTATION MEASURE 1 • To promote the preservation and maintenance of open space in the foothill area, the City of Saratoga should pursue a cooperative agreement with the County of Santa Clara that will enswe Saratoga's ability to comment on development projects in the unincorporated hillside area. If necessary to secure the ability to comment on development projects in the unincorporated area, pursue expansion of the sphere of influence, to include those areas with a strong relationship to the. City due to visibility and/or the protection of infrastructure and services. If the expansion of the Sphere of Influence is pursued; the City will apply the Residential Open Space zoning district standards as the prezone classification for all lands outside the existing Sphere of Influence. 'The City of Saratoga should work with the ?own of Los Gatos and the -City of Monte Sereno to establish logical planning area boundaries pursuant to Local Agency Formation Commission regulations. IMPLEMENTATION MEASURE 2 The City should offer incentives to agricultural owmers and operators as a way of continuing-'such uses. Incentives could include allov~~ing the sale of agricultural products grown or produced on the site. as well as the resale of goods related to on-site operations (e.g. equestrian equipment); residential density bonuses for significant investment in agricultural_improvement (e.g. vineyards, wood lots, or orchards) or open space dedications; allov~~ng additional dwellings on family farm operations when such additional d~a~ellings will permit continuance of inter-generational agricultural uses consistent v~~ith Williamson Act provisions (not constituting a residential subdivision of the land under the Williamson Act); modifying road construction standards in hillside agricultural areas (e.g. curbs and gutters; which could interfere with agricultural operations; should not be required). SCENIC OPEN .SPACE POLICIES AND IMPLEMENTATION MEASURES POLICY 10 In evaluating scenic open space for planning purposes, the City shall consider macroscale, intermediate scale, and macroscale elements of each site, with the understanding that those sites which encompass all three scales may have the highest potential for providing quality scenic open space. POLICY 11 Hillside Development The hillsides and the valley provide Saratoga with its prime macroscale views.: Therefore, development must include careful study of the effect on scenic open space. POLICY 12 Existing Vegetation The preservation of native and other vegetative species indicative of Saratoga's cultural heritage shall be given priority over development and provide for-the perpetuation of such species. Fire safety shall be an important consideration when evaluating the. preservation of native vegetation.. 5of9`l q~ City of Saratoga General Plan Executive Summary ~~V~1~ Open Space Element POLICY 13 Natural Environmental Features The preservation of the natural environment including geological and ecological features shall be encouraged. POLICY 14 Major Entryways and Arterials The major entryways and arterials throughout the City shall be designed to enhance Saratoga's residential character and scale. Public health and safety shall be an important consideration in evaluating the design of major entryways and arterials. POLICY 15 Street Improvements Open space objectives shall take precedence over the width and landscaping of roadways and e inclusion of curbs; sidewalks; and gutters. POLICY 16 Parking Lots .The design of parking lots shall be evaluated for opportunities to reduce large conttnuous.expanse of asphalt and to promote the establishment of visually interesting and aesthetically pleasing parking lots. • POLICY 17 Acquisition of Scenic Open Space The acquisition of scenic open space for park sites shall include. an evaluation of the rnicroscale; intermediate scale; and macroscale potential of each site. POLICY 18 Scenic Views and Trail System The City's trail plan shall access as many natwal views as possible; including hillside macroviews and microscale views. POLICY 19 Cieeks The City's creeks shall be preserved and restored v~'here possible; as natural scenic views. IMPLEMENTATION MEASURE 3 Hillside Development otentia] im acts to scenic views shall be In addition to the applicable city development standards, p P evaluated prior to development. Criteria shall include but not be limited to the use of unobtrusive colors; controlled grading, limited disruption S ecia] consideration shouldsbe giv n ho the eventtual and structural design and density gwdehnes p development of a canopy effect of tree growth. 6 of 9 City of Saratoga General Plan Executive Summary- OOOQ~~ Open Space Element IMPLEMENTATION MEASURE 4 Existing Vegetation The City should provide information and assistance to the public in the preservation and care of native trees whose existence can be threatened by environmental stress and development. IMPLEMENTATION MEASURE 5 Major Entryway and Arterials A street tree planting; landscaping, and maintenance program should be developed to encourage drought resistant, native vegetation to be planted and maintained throughout the City, especially in City owned and privately maintained rights of way. IMPLEMENTATION MEASURE 6 Parking Lots Large continuous expanses of asphalt should be limited by measures such as overflow parking on pervious surfaces, an increase in tree canopy coverage required and the encouragement of shared parking with adjacent and compatible uses. IMPLEMENTATION MEASURE 7 • Non-scenic views enhanced Man-made, non-scenic, or unenhanced views such as railroad and utility facilities and quarries should be enhanced insofar as possible by erosion control measures; landscaping, use of color, and other methods of scenic improvement. • IMPLEMENTATION MEASURE $ Scenic Open Space lnventory As a public reference; the Cit)~ should prepare and update an inventory indicating all dedicated ,1 scenic open space resources in Saratoga. TRAIL SYSTEM POLICIES AND IMPLEMENTATION MEASURES POLICY 20 Regional Trails Network A regional system of hiking; bicycling, and horseback riding trails shall be encouraged, which includes trails v~~thin and between all City, County, State; and regional parks; and other publicly -owned open space lands, as well as trails providing access from the City of Saratoga to these lands. POLICY 21 Trail Acquisition Criteria The City shall promote the acquisition of trails as a mode of access and for recreational purposes, through purchase, dedication, or gift. The trails network should emphasize creating connections between neighborhoods, schools, parks, public open spaces; historic sites, and activity centers; connections to the regional trails network; and acquisitions of trails that respect the rights of property owners as well as their privacy and security. Trails proposed for acquisition are identified on the Trails Map. • City of Saratoga General Plan Executive Summary 7 of ~OQ~~~ Open Space Element • POLICY 22 Coordination Trail planning, acquisition, development; and management shall be coordinated among the various volunteer agencies and local, regional; state; and federal agencies v,~hich provide trails or funding for trails. POLICY 23 'Traditional Trail Routes Trails shall be established along traditional routes whenever feasible. POLICY 24 Development and Maintenance Trail development, patrol, and maintenance responsibilities shall be coordinated with all entities involved in each trail segment. In most cases, development responsibilities are borne by the property owner and maintenance activities are undertaken by the City. The City is encouraged to work with volunteer groups to maintain City trails. . ' POLICY 25 Trail Location and Design Trails shall be located; designed; and developed with sensitivity to the resources and environmental hazards of the areas they traverse; as well as their potential impacts on adjacent ]ands and private property, including potential impacts to private property owners' privacy and security. Trails shall be designed to City specifications; require minima] grading; and include effective erosion control measures. POLICY 26 ' Development Controls The City shall control land development along designated trails in order to provide sufficient trail right-of--way and ensure that new development adjacent to the comdors does not detract from the scenic and aesthetic qualities of the corridor. POLICY 27 Creekside Trail Restriction The City shall not acquire, plan, or develop trail easements or public access easements along Wildcat Creek or Saratoga Creek, across single ofmulti-family land uses as designated in the Saratoga General Plan abutting said creeks, or adjacent to said creeks between the centerline thereof and any single or multi-family designated property. This policy statement shall apply to Saratoga Creek from Prospect Avenue south to Tollgate Road, and to Wildcat Creek from Quito . Road south to the Villa Montalvo Arboretum property line, with the exception of the section between Carnelian Glen Drive and Douglass Lane, as shown on the Trail System Map. POLICY 28 Access for the Disabled Whenever feasible, trails shall be designed and developed to meet the accessibility needs of all segments of the population • 8 of 9 City of Saratoga General Plan Executive Summary ~~~~~•1 Open Space Element POLICY 29 • Trai] Access Trails shall be designed with adequate ingress and egress points to minimize the need for parking at trailheads. Parking should be designed to be as unobtrusive as possible. POLICY 3U Transportation Improvements Transportation improvements, such as road widening- and bridge construction; shall include bicycle paths, as indicated on the master C7 ICJ 9of9 .q City of Saratoga General Plan Executive Summary QQ©Q1~ • • • Circulation -and Scenic Highway Element CIRCULATION AND SCENIC HIGHWAY ELEMENT City of Saratoga General Plan Executive Summary 1 ot$,~o~~C~ Circulation and Scenic Highway Element PREFACE Follo.~~ng is a circulation element consisting of the genera] location and extent of existing and proposed major thoroughfares, transportation routes, terminals and other local public utilities and facilities, all correlated with the land use element of the plan. Also included is a scenic highway element for the development; establishment, and protection of scenic highways pursuant to the provisions of Article 2.5 (commencing with Section 260) of Chapter 2 of Division l of the Streets and Highways Code. GOAL 1 : BALANCED TRANSPORTATION SYSTEM Promote a balanced transportation system in Saratoga v~~ith attention to energy efficient transportation. POLICY 1 The City shall encourage and participate in the County-wide implementation of a variety of modes of transport to serve Saratoga. • POLICY 2 ~ , The City shall work tov,~ard improved public transit; including more frequent service and access to the village. • IMPLEMENTATION MEASURE 1 Coordinate with County 'Transit on City efforts necessary io increase n-ansit availability. POLICY 3 The west Valley Corridor right-of--way shall be designated as a public use corridor. GOAL 2: SAFE MOVEMENT Facilitate the safe movement of vehicular traffic within and through the City, taking into consideration the environmental, historical, and residential integrity of the City. PoucY 4 The City shall require public right-of--way to be offered and all private roads designated as collectors. ,, POLICY 5 For safety, every new or developing public or private cul-de-sac greater than 500 feet in length, and every new and developing residential area in the City with more than 15 residential lots on a cul-de-sac should have a primary and an emergency access. IMPLEMENTATION MEASURE 2 Modify Subdivision Ordinance accordingly. 2 of 8 City of Saratoga General Plan Executive Summary ~0~~~~ City of Saratoga Circulation and Scenic Highway Element R~ckQround Report/Goals. Policies, and Implementation Measures A circulation element consisting of the general location and extent of existing and proposed major thoroughfares transportationlratoid use elementsof the plan local public utilities and facilities, all correlated with the A scenic highway element for the developmeet2 Stco~~ cog n thrSectionn260sofnic highways pwsuant to the provisions of Art~c] Chapter 2 of Division l of the Streets and Highways Code. O~~RAI,I, TRANSPORTATION SYSTEM Goa] .0 Provide a balanced transportation system in Saratoga~s nira] character to al] CI.1 and to maintain the Ctty segments of the community Policies Cl.l .l The City shall encourage antd o serveaSarat ga implementation of a variety of modes of transpo CI.1.2 )/ncourage development of inter-regionally based cooperation to support local and regional transportation solution and improvements: STREET SYSTEM A.1~TD STA~T~ARDS OF SER~'~CE Goals CI.2.OaFacilitate-the safe movement of vehicular t~siart i alt andaresidentialhin egrity of theg into consideration the environmental, h City to maximize benef is and minimize adverse impacts and costs. C1.2.Ob For traffic management and stb',; d of gesidential areas.fficiency of vehicular traffic with the safety and lava ty Policies C1.2.1 Make efficient use of exist m les traveled ~hrough the arrangement of land the total number of vehicle uses, improved alternative modes, and enhanced integration of various transportation systems. CI 2 2 Maintain and develop aCity-wide street system that manages vehicular access, but also provides for emergency access. Page 39 Fehr & Peers Associates, Inc. 000021 City of Saratoga Circulation and Scenic HighwayElemenr and Report/Goals, Policies, and Implementation Measures CI.2.3 Adopt the proposed roadway classifications as shown on Figure C-2 and as described in the Background Report. CI.2.4 Maintain a minimum Level of Service (LOS) D operations standard at all , signalized street intersections that are under City jurisdiction. (Intersections and roadways included in the Santa Clara County . Congestion Management Program are held'to a LOS E standard). CI.2.5 Require public review of any development project or other proposal that. causes an intersection to degrade by one or more levels of service (e.g: LOS A to B, LOS B to D). CI.2.6 Accept Level of Service E or F operations at City-maintained ,signalized intersections after findinate the lower levels of servicee A proposed is can be implemented to m~t~g development that exacerbates LOS E or F operations and causes a significant intersection benefit to~he C'ty (e.ga library a pans on~ort will provide a clear, overall relocation, new community center). • • .7 Ensure that new development or redevelopment projects provide adequate CL2 property dedication to accommodate future roadway improvements at key intersections and other problem areas. CI.2.8 Manage traffic flow on major and minor arterial roadways to discourage • , . through traffic in residential neighborhoods.. CI.2.9 Align and design through collector streets to minimize adverse impacts on the character of residential neighborhoods through which they pass, while functioning efficiently to collect and distribute traffic. CI.2.]0 Design new local streets to reduce travel distance, promote alternative modes, and provide a more even distribution of traffic. CI.2.11 Establish the primary access for major mtnimize traff cr intrusion to roadways and design overall access to residential neighborhoods. CI.2.12 Strive to maintain traffic volumes and of the ad'acent land uses,ohe streets that are compatible with the character ~ function of the street, and bicycle and pedestrian traffic. CL2.13 Protect the integrity of and improve existing hillside streets by planning future development according to existing street capacities. Page 40 Fehr & Peers Associates, Inc. 000022 • City oJSaratoga Circulation and Scenic Highway Element n____.~~,,,,t~ Policies. and Implementation Measures CI.2.14 Focus futwe improvements on the most congested intersections to maintain an acceptable level of mobility for all modes of transportation. CL2.15 Require development projects to mitigate and Tads cal hand feaP ble street traffic and parking impacts by implementing p . improvements. • Im lementation Measures C1.2.16 Continue to use the CaP~~ements to the street~systempro~~ and implement needed imp CI.2.17 Implement roadway and signal timing modifications to improve operations and enhance safety (e.g., lengthen turn pockets, adjust left-turn phases, . widen lanes). CI.2.18 Establish street and driven aiy r arteriallroadway as sshown onlFigure C-2. designated as a mayor or Ensure that driveway or sCeet r vi w dOOCesstforbindividulal deve opment al traffic flow as part of the ty P projects. CI.2.19 Install coordinated signal systems on na ea,Funding should be obtained ,. City to Improve traffic flow as approp from all available City. County, State and Federal funding sources, and developer contributions. ' ' CI.2.20 Evaluate the need for upgrading or enhancin ions onearteri 1 oadways and signalization, stop signs) at existing intersect collector sweets to improve overall access and circulation. CI.2.21 Install traffic signals to serve existing and proud enhance c ed strian~ safety. provide acceptable traffic operations Issues, a P CI.2.22 Require a transportation analysis for all dev Sls i e dentify potent al g ~ 50 or more net new daily trips. The ana]ysI ro ect access, and impacts to intersection and roadway operations, p j alternative travel modes, and shall identify feasible improvements or project modifications to reduce or eai mnaintained by thenVTA.s Citynstaffe should be consistent wrath the cnten should have the discretion to require focussed studies regarding access, sight distance, and other operational and safety issues: CI.2.23 Evaluate development proposals and design roadway improvements based on established Level of Service standards. Page 41 Fehr & Peers Associates, Inc. OOU~23 City of Saratoga Circulation and ScenicNighwayElement Background Report/Goals, Policies, and Implementation Measures CI.2.24 Require that roadway improvements identified as mitigation measures for development projects be in place prior to issuance of occupancy permits. CI.2.25 Require new development or redevelopment projects to dedicate property to accommodate roadway improvements at the following intersections: Saratoga-Sunnyvale Road/prospect Road, Saratoga-Suru~yvale Road/Saratoga Avenue, and Saratoga Avenue/Cox Avenue. CI.2.26 Identify potential capacity improvements and access modifications to maintain adequate circulation in the vicinity of the Civic Center, West Valley College, Redwood Middle School, the Public Library, St. Andrews School and Sacred Heart. CI.2.27 Consider paying for improvement costs to serve a developm6nt project, as appropriate, where the City's economic development interests may be served. CI.2.28 Develop and adopt a Neighborhood Traffic Management (NTM) Plan to specifically include a process for identifying problem areas, and for evaluating; funding, and implementing traffic calming measures to reduce 'high traffic volumes and travel speeds on City streets. CI.2.29 Design Iota] streets to cagy ]ow traffic volumes at ]ow speeds and to function safely while minimizing the need for traffic control devices or enforcement. Physical fearures should include gentle curves, changes of grade, narrow widths, short lengths, and T-intersections where feasible. CI.2.30 Design streets to minimize impacts to topography, riparian habitats and wildlife corridors. CI.2.31 Implement the action programs identified in the Hillside Specific Plan to provide adequate vehicular access including improvements identified for Pierce Road consistent with Policy CL2.13. Where feasible, improvements will include widening of travel lanes, increasing vertical clearance, installing additional signs, and providing new pavement overlays to improve safety. TRUCK TRANSPORTATION Goal CI. 3.0 Limit the intrusion of commercial truck traffic on streets within the City. Page 4? Fehr & Peers Associates, Inc. 00~02Y Sarato a Circulorion and Scenic Highway Element City of g Background Report/Goals, Policies, and Implementation Measures Policies CL3J Require trucks to only use the designated routes shown on Figure C-3 wiless making a local delivery. 2 Encowage or require deliveries to be made during off-peak periods (i.e., CL3 • commute eriods), especially in areas outside the morning and evening P where intersections operate at LOS E or F during the peak periods. ]m lementation Measures CI.3.3 Continue to strictly enforce the truck route ordinance by citing violators. I.3.4 Require as part of the development agreem be moade ouPside thewtypical C regular truck deliveries that such d ~~OO am to 9:00 am and 4:00 pm to peak commute travel periods (e.g., 6:00 pm) as appropriate. CI.3.5 Establish and maintain reserved comrnerci ale Tunelimits for designated • streets in appropriate areas such as the Vil] g loading areas may be established to allow public on-street parking in loading zones at other times. CI.3.6 Require new or redevelopment projects t ~ .th small co~mmercia] loding areas except for areas such as the \ illage Enforcement will be provided by the Sheriff s Department similar to other on-street parking areas in the Ciry. TRANSIT Goals CI.4.Oa Promote local and regional transit as a viable alternative to automobile travel for destinations within and outside the City. b Promote the use of alternative modes of transportation b wed transrt,tbicycle and CI.4.0 safety, accessibility, and convenience of existing and p pedestrian systems. Policies Coordinate with the Valley 'Transportation Authority to increase service CL4.1 range and frequency within the Ciry as appropriate. Existing service is illustrated on Figure C-4. Page 43 Fehr & Peers Associates, Inc. O~~p25 City of Saratoga Circulorion and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures CL4.2 Instal] transit improvements to improve setransit outes a safety, and maintain traffic flow on streets serving as C1.4.3 Encowage the public school districts, private schools, .recreation groups or other operators to develop a local bus system and to expand ride-sharing activities that will help to reduce school-generated vehicle traffic in neighborhoods and on City streets. Bussing should be the fast measure considered to reduce school-generated traffic before substantial roadway capacity enhancements are implemented. C1.4.4 Investigate the feasibility of a local shuttle service within Saratoga to reduce local traffic volumes on City streets and overall parking demand. The feasibility study shall identify potential routes and funding sources.. Imn]ementation Measures CI.4.5 Require development projects to dedicate right-of--way for purposes of constructing bus turnouts and/or bus shelter pads on major and minor arterial roadways as appropriate. CI.4.6 Provide seating and shaded waiting areas at transit stops, with stop locations near entrances of buildings to encourage ridership. CI.4.~ Recommend to the Valley TranspoV or modifiedrt~ specific streets (e.g., Cox Avenue) to be included on nev CI.4.8 Improve the links of local transportation systems and alternatives such as bicycling and walking with private and public regional transit such as bus transit, light rail, and Cal'Train. Bicycle and pedestrian improvements should be funded as Capital Improvement Program projects or through private development projects to further encowage the use of transit. CI.4.9 Provide information to the public on available alternative transportation choices and routes. CI.4.10 Encowage ]alai bentnves totuse transit to coommute tto and fromathe s or other financ workplace. C1.4.11 Recommend potential stop locations for local school bus service and provide minor street and landscaping improvements as appropriate. CI.4.12 Commissionthe stud tlshou d beoobtained from federal andhstat azatoga. Funding for y grants/sources and private development projects. • Page 44 Fehr & Peers Associates, Inc. p~~O2~ City of Saratoga Circulation and Scenic Highway Element Background RepordGoals, Policies, and Implementotion Measures B]CYCLE, PEDESTRIAN A.1~TD EQUESTRIAN FACILITIES Goals CI. S.Oa Integrate facilities for safe bicycling, walking, and.horseback riding into the overall transportation system. CI.S.Ob Encourage equestrian and pedestrian trails and pathways pwsuant to the Parks and 'Trails Master Plan along roadways in areas where safety and aesthetics permit. Policies . CI.S.1 Develop and maintain a comprecoen~utin a d rercrteation tem of bikeways that promote bicycle ndmg for g C1.5.2 Integrate the City of Saratoga bikeways system with the bikeways system- of adjacent communities, where economically feasible. CL5.3 Pwsue the development of a new multi-use path along the-Union Pacific Railroad alignment through the City of Saratoga that will ]ink the Stevens Creek Recreational ?rail in Cupertino with the Los Gatos Creek Trail in -Los Gatos. C1.5.4 Pwsue other potential rights-of--way Y ch a ede trian, and/or equestrian District and utility easements for bic cle, p trail development. CI.5.5 .Assure implementation of the City's trails sy l m u~tenance nu suant to the dedication, construction, and a method of tra P Parks and ?rails Master Plan as part of the subdivision or site approval process. C1.5.6 Provide safe and direct pedestrian routes an ebi a Gams octant community through res~deniial areas lirilcing transit cen P cemers such as the Village. CI.S.Z lmprove pedestrian and bicycle access to all public and private schools to enhance safety. CI.5.8 Provide trails, sidewalks or separated pathwere need~d toa ro de safes and along some collector streets in areas wh P pedestrian access to schools. CI 5 9 Require adherence to the trails policies noted in the both the Parks and . Page 45 Fehr & Peers Associates, Inc. 03042'7 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Trails Master Plan and the Hillside Specific Plan. CI.S.I O Develop a set of practical and realistic transportation demand. management (TDM) measures that can be used by employers in the. City to reduce the number~of single-occupant vehicle trips. These measwes would encowage ride-sharing and transit alternatives. Implementation Measures CI.S.] l Update and adopt the Bikeways Master Plan to include goals and. objectives, a detailed list and map of improvements, a signage program, detailed standards, and an implementation program. The Bikeways Master Plan should include the proposed facilities shown on Figwe C-5. CI.5.12 Upgrade existing bikeways and designate new facilities where they can be accommodated according to current Valley Transportation Authority (VTA) technical guidelines (prior to adoption of City standards in the Bikeways Master Plan). For example, travel lanes on Fruitvale Avenue north of Burgundy Way should be restriped to provide bicycle lanes with 5-foot minimum widths or pathways. CI.S.l3 Coordinate with the school districts and other entities to develop "Suggested Route to School Plans" for all public and private schools in the City. Plans shall identify all pedestrian and bicycle facilities, and traffic control devices for residents to determine the most appropriate travel route. The plans shall also identify existing easements for sidewalks. CI.S.l4 Prohibit parking in designated bicycle lanes on all streets unless adequate width is provided according to V'TA guidelines or City standards. CI.5.15 Require the provision of secure bicycle parking as part of all futwe development projects that include multi-family residential, commercial, industrial, office, and institutional uses. CI.5.16 Develop a plan to review and identify additional bicycle parking locations in the Village area. CI.5.17 Require new development projects and redevelopment projects to dedicate right-of--way and/or. provide improvements to accommodate bicycle lanes on streets identified on Figwe C-5. CI.S.I B Require new cul-de-sac streets to accommodate bicycle and pedestrian access between residential areas, public uses, and community areas. CI.5.19 Encourage non-residential development projects to include amenities such • • Page 46 Fehr & Peers Associates, Inc. ~~a~2~ • Ciry of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures as showers and lockers for employees to fw'cher encourage bicycling as an alternative to automobile travel. CI.5.20 Increase priority of pedestrian safety projects (i.e., pedestrian street crossings, sidewalks or pathways) as part of the Capital Improvement Program. rovements a funding priority by: 1) continuing to CI.5.21 Make bikeway imp consider financing bikeway design and constru Into aoratino bikeway's annual construction and improvement fund; 2) ~ IP g improvements as part of the Capital Improvement Program and pavement management efforts; and 3) aggressively pwsuing regional funding and other Federal and State sources for new bikeways. C1.5.22 Update the Parks and Trails Master Planlan houldnnclude the proposed Citywide pedestrian path system. The p trails shown on Figure C-6. CI.5.23 Prohibit motorized vehicular- traffic on trails, pathways, parks and • dedicated open space areas except for. maintenance and emergency purposes. C1.5.24 Include new sidewalk or path constructio en toeclose~ gaps inrpedestran Program; or as part of any new developm , facilities on the follov,~ing arterial roadways: Saratoga-Sunnyvale Road, Saratoga Avenue, Prospect Road, and Cox Avenue (see Figure C-6). CI.5.25 Include new sidewalk or path construoct~ment or redev ]opmento, to cclose Program, or as pari of any new de el p . gaps on local and collector streets near schools. CI.5.26 Review the need to install sidewalks and crosswalks on all City streets within one-half mile of all public schools. 1.5.27 Review the present equestrian zones and assess nt it consistency with the C trails and pathways plan of the circulation elem AESTHESTIC QUALITIES AND HERITAGE LAr'ES Goals CI.6.Oa Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. Page 47 Fehr & Peers Associates, Inc. 0®~~~~ City of Saratoga Circulation and Scenic Highway Element and Report/Goals Policies, and Implementation Measures CI.6.Ob Strive for aesthetically pleasing views from all roads in Saratoga and the Sphere of Influence. C1.6.Oc Encourage the preservation of the width and appearance of those roads designated' as heritage resources by the City. Policies CI.6.l Identify areas of critical need for beautifi oftareas such as City gat waysh revitalization or anticipated development CI.6.2 Adhere to minimum City street standards based on location, terrain, character of areas and- the anticipated function of the roadway. CI.6.3 Permit variation of the conventional City street development standards, as described in the City's Subdivision Ordinance, in order to preserve environmentally sensitive roadside featwes where traffic safety will permit such variations. CI.6.4 Identify the function of a street in advance of construction, and apply design criteria to minimize disruption to the area caused by through or 'heavy vehicle traffic. CI.6.5 Encourage the planting of trees and plan the development of landscaped medians along major arterial roadways. CI.6.6 Enforce ordinances to prevent the useeCorf n wh theo~ected by private ns on all roads and highways wrthrn th ty, individuals or business enterprises. CI.6.7 Require increased setbacks of up to ]00 feet for structures,~walls or fences to be located on lots adjacent to officially designated scenic highways where it is determined by the City that such increased setbacks are necessary to preserve the scenic qualities of the highway. CI.6.8 Require increased setbacks and landscaping for commercial and multi- family residential structures on c arneof such sti-uctures and to etnhance the required, to reduce the visual tmp appearance of important intersections where it is determined by the City that such increased setbacks are necessary to preserve the scenic qualities of the highway. CI.6.9 Approve designs for new hillside streets that maximize the use of natural terrain for roadbed construction and minimize "cuts and fills." • • Page 48 Fehr & Peers Associates, Inc. ~~~0~,0 • • .7 City of Saratoga Circulation and Sc letme lotion Measures _._a n~.,.,.i/t;nals. Policies, and Imp Im lementation Measures CL6.10 C1.6.11 CL6.12 C1.6.13 CI.6.14 Review Subdivision Ordinance street standards for adequacy and prepare illustrations of corresponding roadway cross-sections. Require a sight distance analysis to enswe adequate~e C'cc or by private .variances from streettdans designs tandardsas gubdelines for sight distance developers. Use Ca] studies. Encourage residents of streets and roads b on as heri age lanes throughtthe nominate those rights-of-way for design I~eritage Preservation Commission. Design conuneicial areas with pedestrian amenities, shade trees, and on- street parking to create inviting environments. The designation of Heritage Lane shall Ve~cles while maintaining theses to guarantee safe access for emergency integrity of the existing heritage lane. PARKING SUPPLY A•~'D MANAGEMENT Goals CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. .Ob Provide on-street parking spaces in commercial blicaandatrpvat ~parkingilots tos to CI.7 p abutting properties while requiring off street u P serve the majority of the demand. sp Page 49 Fehr & Peers Associates, Inc. ~Q~~^~'1 Policies CI.7.1 Review on-street parking policies and utilization in the Vi]]age area. 2 Designate cwb parking in the Village area for short-.term use by those CI.7. visiting businesses and public facilities. lots behind buildings to emphasize the CI.7.3 Encourage the location of parking buildings' physical and visual connections to the street and to maximize pedestrian access and safety. C1.7.4 Encowage the use of carpools and vanpools by providing preferential aces as appropriate. Ci a Saratoga Circulation and Scenic Highway Element ryI .,.,d Rvnnrt/Goals. Policies, and Implementation Measures lmplementation Measures CL7.5 Enforce parking ordinances in terms of. time limits and zones. CI.7.6 Establish time limits for on-street parking in commercial areas. CI.7.7. Adopt design standards for parking stalls,. aisles and driveways for on- street and off-street facilities. • • P X32 Fehr & Peers Associates. Inc. 0©~~33 Safety Element • PREFACE: HAZARD IDENTIFICATION The identification of hazards that affect the city is the initial step in the safety planning process. It is also the most important stage in this process since inaccurate hazard identification and the formulation of inadequate safety land use policies could result in unnecessary loss of life, injury, and property damage. The natural hazards that have affected Saratoga in the past and those that may affect it in the future can be identified with a high degree of accuracy. Geologic, flood, and fire hazards have all caused considerable damage within the community in the past, while recent earthquakes have been minimal in their damaging effects. Although the future extent of natural hazards is urtlatown, in all probability the futwe will include the same types of hazards as have occured in the past. Accurate hazard identification is an accounting of historical information to be used as the basis for the evaluation of the future and the risks involved in relation. to current and proposed land uses. HAZARDS OF LAND INSTABILITY The physical and geologic characteristics of Saratoga have the potential to produce geologic related problems for land development. Land development in areas of geologic instability can sudject life and property to hazards caused by both seismic and non-seismic conditions. Many hazards occur when property is developed in ways which are unsuitable to geologic conditions in the area. When structures or roads are built on geologically unstable ]and such as landslide areas or unstable slopes and soils, there is a definite risk to the community. Geologic hazards are unavoidable in California. However, some geologic conditions represent: greater hazards than others. Faulting and unstable bedrock present great risks; while surface instabilites can often be engineered to make construction safe. When unstable soil combines with steep slope; development can be hazardouse ndottechnica] hazardsswhch could besulttin injuries, landslides. Recognizing and delmeattng th g property damage, and economic or social dislocations is an important function of the city plamm~g process to protect the public health, safety, and welfare. The background geotechnical data for the Safety Element of Saratoga's General Plan is contained in the Saratoga GeotechnicaT Report (1974); the Ground Movement Potential maps and Geologic Hazard Analysis of the Upper Calabazas Creek Watershed and of the Congress Springs Study Area by William Cotton and Associates (1980); and also in the Geologic Hazards Analysis of the Lower Saratoga Hillsides Area by Terratech (l 985). Included here is a summation of those data, and additional geotechnical information which has been compiled from more recent site specific geotechnica] investigations. GENERAL GEOLOGY AND PHYSICAL CHARACTERISTICS TOPOGRAPHY Includes the low-lying, relatively flat valley floor and northwestern foothills. Outside the city limits, but within the sphere of influence, are the Castle Rock portions of the Santa Cruz Mountains. These mountains are very rugged, comprised of steep canyons and sharp to rounded ridge tops. 2 of 22 City of Saratoga General Plan Executive Summary O~©~34 Safety Element • VEGETATION The mountain areas in the sphere of influence have a solid cover of vegetation. Hardwood trees of oak and madrone are abundant in this-area, as well as redwood and douglas fir. The canyon floors. near streams are covered with sycamore, elder, and maple trees. Much of the area is densely covered with chaparral, with only a few areas covered with grass. GEOLOGY The dominant geologic feature within Saratoga's sphere of influence is the San Andreas fault zone, bisecting the mountainous portion of the terrain. The.fault zone determines the geology and topography of the area by separating two different rock assemblages and their associated erosional characteristics. The fault zone is composed of a complex system of fault traces and fractured rock. The rock formations to the east of the San Andreas fault are composed of sandstone, shale, volcanic rocks, some diabase and gabbro, and also large shear zone areas. The mountain area is separated from the flat area. within the city limits by the Santa Clara formation, composed of unconsolidated to semi-consolidated gravel, sand, and clay. The valley floor of Saratoga is comprised of several alluvial fan deposits from the creeks and streams flowing from the mountainous area. The alluvium is composed of unconsolidaed particles consisting of clay, silt, and grave]. This is Class I and II agricultural soil and is considered fertile by the United States Conservation Service. AL TERRAIN UNITS AND RELATED HAZARDS GEOTECHNIC There are large areas of the city and its sphere of influence which have similar bedrock and soil characteristics. These areas of similar geotechnical characteristics are designated geotechnical terrain units. There are five such terrain units in Saratoga and its sphere of influence. The following conclusions can be made based on an evaluation of the geotechnical data for each ten ain unit. I . Terrain unit I (not shown) cannot support urban residential development but can . support very limited rural residential development in accordance with site- . specific geotechnical studies. The Santa Clara County General Plan states that specific hazards within this terrain unit must be placed in permanent open space. 2. Terrain unit II can support both controlled urban residential development and rural residential development in accordance with site-specific geological and soils investigations. 3. Terrain unit III canttot support urban residential development but can support rural residential development in accordance with site-specific geological and soils investigations. 4. Terrain unit IV cannot support urban residential development but can support rural residential development in accordance with site-specific geological and soils investigations. 3 of 22 City of Saratoga General Plan Executive Summary ~~C)~3Jc- Safety Element 5. Terrain unit V can support urban residential development. Geological investigation is not necessary, but soil analyses should be required. Additional data on each terrain unit is available in the 1974 Geotechnical Background Report. These data are supplemented by the geology and soils section of the Northwestern Hillsides Specific Plan (adopted in 19~ LANDSLIDES AND'SLOPE INSTABILITY ' Although most landslides are natural occurences, some dnm~ ~ onai dallowed to areasswhere human carelessness or haphazard construction. When co landslides exist or where landslide susceptibility is high, the potential for substantial property loss and human endangerment increase. -The potential public costs for the repair of roads and utlities or disaster relief make it imperative that the city restrict developme in geologically hazardous areas. Most sloping land has some potential for landsliding. Slope stability is affected by several interrelated factors, such as steepness of slope; weak, unconsolidated soil units or fbi-mations with- a high clay content; water saturation; vegetation removal; and seismic activity. Usually a combination of several factors will bring the hillside to the verge of a failure, and single factor such as heavy rainfall or an earthquake will be the catalyst responsible for initiating slope failure. The-development of sites where these conditions exist may also trigger landslide activity. As shown on map 2 (relative geologic stability), a major portion of Saratoga is underlain by a geologic stability zone. This type of geologic unit is moderately stable when dry, but moderately unstable when saturated. Within the city boundaries, landslides are most likely to occur where silt and clay have been eroded along the stream channels traversing the city. .Map 2 also shows areas in Saratoga that contain rock formations conducive to abundant landslides. These areas primarily lie west of Saratoga-Sunnyvale Road, pass through a portion of the Northwestem Hillsides Residential District, and continue past Big Basin W ay. The zone is also ' '~,' present within the sphere of influence, along the city's northwestern boundary and crossing . . Bolhman Road. Landslides and unstable slopes are prevalent in this area, and can create hazards within the_city limits as the slide debris and rock moves down the incline toward the city's valley floor. Landslides and slope instability are the major non-seismic geologic hazards in Saratoga. Although -most of the hillside areas in the city experience these hazards to some degree, the most severe risks are found in the vicinity of the Congress Springs area and the upper Calabazas watershed. The present land use consists of hillside residential and watershed areas. The notthem portion of the Congress Springs area is traversed by the potentially active Berrocal fault; which has contributed to deformation and fracture of the bedrock in the vicinity. It also lies within a mile of the San Andreas fault; the proximity of these two fault systems has produced unstable slope conditions. Large landslide deposits blanket the underlying bedrock throughout much of the hillside region, and approximately 50% of the hillside contains landslide debris: The most geologically unstable area of the city lies in the Congress Springs area. An extensive section of several active landslides is shown on M art of the naturals hannel of Sarat ga Creek, as the hilly region south of Congress Springs Road, p section of the Congress Springs Road alignment, and a considerable amount of the low foothills located north of the road. Slope movements have been noted in this region for over 50 years. The Congress Springs Road surface has been significantly deformed and elevated about 14 feet since City of Saratoga General Plan Executive Summary ~~~Q36 Element • 1931 when the present alignment was constructed. Extensive structural damage has been experienced by all man-made construction within or south of this region. (MAP KEYS) Active landsliding can also be traced across Belnap, Bohhnan, and On Orbit Roads and private driveways at a number of locations within the Congress Springs and Lower Saratoga Hillside areas. Santa Clara County has surveyed a short section of Bohhnan Road below the intersection of On Orbit Drive and found it to be moving at a rat ~n ~ those areas which appear to be st bled , an extremely high risk area for future developmen , at the present time. The equilibrium of even the most stable ground within this hillside could be destroyed by the ad'c lank effluent Rapid failure of these slopes could ause considerablele introduction of sep property damage, personal injury, or loss of life. Other highly unstable geologic units within Saratoga and its sphere of influence are those , designated on map 2 according to the key (ON PAGE???)• These units include all landslides shown on Map 3 which are considered extremely unstable, particularly when saturated. The upper Calabazas Creek watershed is located in this hillside region. Although the majority of the land is underlain by relatively stable ground, the stability of large portions of the hillside is, undermined by landslide deposits and unstable soils, The most extensive occurrence of landslide deposits is in the central portion of thrcent of the total located north and south of the Mt. Eden Road-Pierce Road intersection. Forty p land area in the Mt. Eden-Pierce Road vicinity is covered by landslide deposits. Isolated landslides are common in this area, as are large landslide complexes which cover entire hillslopes. Examples of these large slide deposits are those on Pike Road and on the Garrod Farms property. Within the same general area, the Quarry Road slide adjacent to the Calabazas creek has moved part of the roadbed into the creek. To prevent potential geologic hazards from occurring in areas of slope instability and unstable . soils, Saratoga requires that detailed geotechtvcal investigations be made for all land use proposals. the northwestern hillside area of Saratog, in the Northwestern Hillside Residential District (NHR~, the Hillside Conservation Residential and adjacent Santa Clara County lands (see map), District (HC-RD) in accordance with Section 15-13.050 and 15-14.050 of the City Code. The sphere of influence is within Santa Clara County's jurisdiction and development review-area. Saratoga's sphere of influence is defined as that area outside the city's incorporated boundary, but designated by the Santa Clara County Local Agency Formation Commission as the unincorporated area most likely to be influenced and annexed by the city at some future date. The county has adopted a geologic hazard zoning district where development is restricted due to large-area-wide landslides. The county has established specific guidelines for review of development proposals in this district to aid in identifying areas of land instability, and to require that appropriate conditions be met by developers. This zoning designation has been applied to the major slide area at Congress Springs Road, shown on map 3. SOIL CREEP AND EXPANSIVE SOILS Soil creep and expansive soils are most preval rnsurface materials.11The rate~of soil creep s aSoil creep is the slow, dov,mslope movement of nea function of slope angle, soil thickness, and texture. It can be regarded as a continuous process, and may cause retaining walls, foundations, and paved roads to fail over a period of time unaccompanied by any obvious signs of slope failure. Soil creep should not have. a prohibitive 5 of 22 City of Saratoga General Plan Executive Summary O©~~~~ • C~ • Item 1 REPORT TO THE PLANNING COMMISSION r~ Application No./Location: 06-060- -15310 -15202 Quito Road Type of Application: Amendment of Conditions of Approval of Tentative Parcel Map Owner: Robert Lloyd/Lexor Investments Staff Planner: Deborah Ungo-McCormick, AICP, Contract Planner Date: November 23, 2005 APN: 410-39-10 Department Head: ~~ .. 0 saw eery a r~m_ ~,a ciao mro ^aH~ ~~ ft 15310 -15202 Quito Road • EXEC~JTIVE SUMMARY CASE HISTORY: Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION: 08/16/05 11/O1/OS 11/13 /OS 11/03/05 11/17/05 The applicants request approval of an amendment of the conditions of approval of the original Tentative Parcel Map that created three parcels on Quito Road, to provide for encroachments into the Riparian Corridor setback along the rear portion of each lot, subject to appropriate mitigation planting by H.T. Harvey & Associates Letter of November 2, 2005. The net lot size of each lot is between approximately 1.0 and 1.5 acres and the parcels are zoned R-1 20,000. STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution, which includes language that revises Condition #11 of the original Resolution SD-00-006 which approved the Tentative Map. • • • I Application No. 06-060;15310 -15202 Quito Road. • STAFF ANALYSIS . EXISTING ZONING: R-1-20,000 EXISTING GENERAL PLAN DESIGNATION: RLD (Residential Low Density) MEASURE G: Not applicable PARCEL SIZE: approximately 1.0 to 1.5 net acres. SLOPE: 11 GRADING REQUIRED: N/A ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences and covers construction of accessory structures. PROJECT DISCUSSION Background: On February 28, 2001, the Planning Commission adopted Resolution No. SD-00-006 approving a three lot subdivision of approximately 3.8 acres on Quito Road, that backs up to San Tomas Aquino Creek. As part of the tentative parcel map approval process, H.T. Harvey & Associates prepared a report that resulted in the establishment of a riparian corridor setback (Attachment 2). Because of the condition of the creek and the several structures that were located within this area, the H. T. Harvey report suggested that the quality of the particular riparian area was of low moderate to low quality. H. T. Harvey & Associates recommended a riparian setback (for any new development) measured 50 feet from the edge of the riparian corridor was appropriate for this area. In addition, H. T. Harvey & Associates recommended that minimal hardscape or fencing be installed in the setback area. Consequently, Condition of approval #11 was added, which stated that "No structures, pool, fencing, or hardscaping shall be permitted in the creek riparian setback area" (Attachment 2). The Final Map for this subdivision was in May 2003 and residences are under construction on all three lots. The developer of the parcels removed-the structures that were encroaching into the setback and restored the riparian area to its natural state, including an extensive ~' Application No. 06-060;15310 - IS202 Quito Road. repair of a section of the San Tomas Aquino creek and removal of debris and trash from the creek bed. All repairs were completed under the direction of the Santa Clara Valley Water District, Bay Area Water Quality Control, Fish and Game, and the Army Corp of Engineer. The property owner of 13510 Quito Road (Lot B of the Parcel Map) is currently processing a permit to build a swimming pool in the rear yard of the lot. Upon review of the plans, it was determined that a portion of the pool would encroach into the setback from the riparian corridor. Further, in order to locate the entire pool outside the setback area. Thus, the applicant is requesting that the original conditions of approval be modified to permit an encroachment into the riparian corridor setback to allow design of the pool in a more distance from the home. Staff met with the owner's representative and the original developer, Mr. William F. Hirshman of Lexor Investments, Inc. (owner of Parcel C) to discuss the proposed modifications to the original conditions of approval, and recommended that all three property owners coordinate this effort to avoid having to come back for future amendments for each lot. As a result, Mr. Hirshman has also identified an azea of potential improvements in Lots "A" and "C". -Due to the topography in the front yazd of the sites, the homes have been placed towazds the center of the lots. In the case of Lot "C:, it has a sewer easement that bisects the pazcel approximately at the mid-point of the lot, which is adjacent to the edge of setback from the riparian corridor. This easement places additional limitations on the ability to locate any future accessory structures or pools within the -rear portion of the lot. Consequently, H.T. Harvey & Associates -was asked to evaluate the proposed azeas of encroachments for all three lots into the setback from the riparian corridor, as originally established, to determine if they aze appropriate. H.T. Harvey & Associates prepared a letter report on November 2, 2005, which determined that the proposed encroachments aze appropriate and that there is ample mitigation area contiguous to the creek to compensate for the encroachment azea on each site (See Attachment 7). The report determined the amount and location of azea of encroachment to each lot that is acceptable and the required mitigation planting (see attached Map). Accordingly, the applicant is requesting approval of an amendment to condition No. 11 that will allow encroachments into the setback from the riparian corridor; provided. the encroachments are approved by a qualified biologist with appropriate mitigation planting, and subject to final approval by the Community Development Director. Conditions of Approval # 10 as currently stated provides approval authority to the Community Development Director of final landscape plans prior to issuance of any building or grading permit. • 3 Application No. 06-060;15310 -15202 Quito Road. Neighbor Correspondence Letters were received from property owners of Lots A and C in support of the proposed amendment (Attachments 4 and 5). Public hearing notices were mailed to all property owners within 500 feet of the original Tentative Parcel Map (includes all three parcels). At the time of the writing of this report, no comments have been received from any adjacent property owners. Conclusion Staff concludes that the proposed amendment to the Conditions of Approval of the Tentative Parcel Map can be supported. STAFF RECOMMENDATION Staff recommends the Planning Commission: Approve the application for amendment of the condition of approval of the original Tentative Parcel Map with required findings and conditions by adopting the attached Resolution (Attachment 1). ATTACHMENTS: 1. Resolution Recommending Approval of Amendment of Condition #11 of the original Tentative Parcel Map. 2. Quito Road Riparian Survey by H.T, Harvey & Associates dated February 11, 2000. 3. Resolution No. SD-00-006 approving Tentative Parcel Map. 4. Letter from Bill Hirshman, owner of Lot C, dated October 14, 2005. 5. Letter from Steve Bordello, owner of Lot A, dated November 2, 2005. 6. Mailing list, Map and Affidavit of Mailing 7. Letter from H.T. Harvey & Associates w/Map dated November 2, 2005 • ~J Attachment 1 • • APPROVAL OF RESOLUTION N0.05-0_ Application No. 06-060 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA LLOYD/LEXOR INVESTMENTS, INC; .QUITO ROAD WHEREAS, the City of Saratoga Planning Commission has received an application for an amendment to the condition of approval #11 of Tentative Parcel Map as set forth in File No. SD-00-006 of this City; and WHEREAS, the Planning Commission finds that the proposed revised condition is consistent with the General Plan. and with all specific plan relating thereto; and the proposed revised condition will be consistent with the original subdivision and lands use which were determined to be compatible with the objectives, policies and general land uses programs specified in such General Plan as adopted by Resolution SD-00-006 on the 28~ day of February 2001; and, • WHEREAS, the Planning Commission held a duly noticed Public Hearing _ at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to an amendment to facilitate accessory structures within asingle-family lot, is categorically- exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home and accessory buildings in an urbanized area; and NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the plans and other exhibits submitted in connection with this matter, Application No. 06-060 for Amendment of the original Condition of Approval #11 of the Tentative Parcel Map is hereby granted and shall read as follows: 11. No structures, pool, fencing or hardscaping shall be permitted in the creek riparian setback area, except where an assessment by a qualified biologist 6 determines that the encroachment is allowed based on installation of mitigation • planting, and subject to approval by the Community Development Director. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. U U PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, the 23rd 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 (Lot B) Date Property Owner or Authorized Agent (Lot C) Date Property Owner or Authorized Agent (Lot A) Date D • ., ,.~ .T .. f ~' ~ H.T. HARVEY & ASSO~~~ES ECOLOGICAL CONSULTANTS February 11, 2000 Kristine Syshowski Lexor Investments, Inc. 15585 Los Gatos Boulevard Los Gatos, CA 95032 Subject: Quito Road Riparian Survey (Project # 1736-01) Dear Ms. Syshowski, ~PFrF j ~ Fp FHB 1 4 ?~~Q A survey of the riparian habitat and an impact assessment at the. Quito Road property adjacent to San Tomas Aquino Creek (Figure 1) in Saratoga, CA was conducted by H. T. Harvey & Associates' restoration ecologist Regine Critelli on February 3, 2000. The survey determined the quality of riparian habitat and the limits of the riparian corridor and appropriate setback azea. The survey was conducted using a boundary and topographic survey map (1 inch = 20 feet) containing topographic contours, approximate • .vegetation dripline, and existing structures. Existing Conditions San Tomas Aquino Creek is a naturally occurring channel in Santa Clara County, CA. It flows in a northerly direction into south San Francisco Bay and is situated along the east side of the Quito Road property (Figure 2). The project is located approximately 2.1 miles northwest of the intersection. of Highways 17 and 9 within a moderately urbanized azea at 15202 Quito Road. The riparian corridor of San Tomas Aquino Creek receives moderate anthropogenic disturbance at this site. The riparian habitat of San Tomas Aquino Creek adjacent to the property is of moderate to low quality. The bed and banks along this reach of San Tomas Aquino Creek is composed mostly of concrete and is not vegetated, however, the top of bank area is continuously vegetated with. a mix of native and non-native species. Mature, native riparian trees such as California sycamore (Plantanus racemosa), coast live oak (Quercus agrifolia), California bay (Umbellaria californica), willow (Salix spp.) and some small native shrubs including toyon (Heteromeles arbutifolia) and poison oak (Toxicondendron diversilobum) aze present along the banks. Non-native vegetation is also present along the banks including mature pine (Pinus spp.) and redwood (Sequoia sen:pervirens) trees, oleander (Nerium oleander), bamboo, Himalayan blackberry (Rubus discolor), and English ivy (Hedera helix). The edge of the riparian corridor was delineated as the outer • edge of the native riparian vegetation or the top of bank, whichever was greater. ~~ _ „ --"y T ~ ,r Setback Recommendations It is generally advisable to minimize human activities adjacent to ripazian habitats since the close proximity of human activity and the placement of structures adversely affect wildlife use within riparian corridors. Riparian setbacks are -the principle means of minimizing impacts associated with human activities. Riparian~setbacks of up to 100 feet aze often recommended by the resource agencies (e.g. CDFG and USFWS). These setbacks are typically measured from the top of bank or the outer edge of riparian vegetation whichever is greater. The pre-existing development (house and associated sheds and garages) on this property encroaches within 2 feet of the riparian corridor; however,. these structures will be removed prior to development. These structures, in combination with the development on adjacent properties, qualify this as a moderately disturbed urban area. It is our opinion that a setback of 50 feet (for any new development) from the edge of the riparian corridor will provide an adequate buffer. Figure 2 shows the limit of the riparian corridor and the boundary of the proposed 50-foot riparian setback. Landscaping Within the Riparian Setback Area I 1 LJ All future landscaping within 50 feet of the San Tomas Aquino Creek riparian corridor should consist of native trees, shrubs, and groundcover that naturally occur in the riparian habitat near the site. Plantings within the setback area should include dense riparian • vegetation following an approved revegetation plan. Landscaping should include a mix of more drought tolerant, native species such as coast live oak, valley oak (Quercus lobata), and Mexican elderberry (Sambucus mexicana). A shrub layer should include coyote brush (Baccharis pilularis), toyon, and coffee berry (Rhamnus californica). Only minimal hardscape or fencing should be installed in the setback area. I hope these recommendations will be helpful for your planning needs. If you have any questions or need further information, please call me. Sincerely, ~~ ~or; _. Eric Webb, Ph.D. Project Manager Project Number 1736-O1 U /~~ i• • Attachment 3 i~ ~~ • APPROVAL OF RESOLLTr1ON NO. SD-00-006 CITY OE SARATOGA PL4:r•NING CObtMISSION STATE OF CAIIFORNIA LE,~tOR I[v'vESTMENr$, INC.; 15202 QL,'•ITO•ROAD WHERE<aS, application has been made to the Advisors agency under the Subdivision ~•lap Act of the State of California and under the Subdivision Ordinance of the Ciry of Sazatoga, for Tentative Parcel Vlap approval of 3 lots, all as more parricularly set forth in File ivo. SD-0~~-006 of tl,.is Ciry; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent ~~ith the Saratoga General Plan and with all specific plans relating thereto: and the proposed subdivision and land use aze compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated February 2$, ?001 being hereby made for further particulars; and ~VHERE.45, none of the conditions sec forth in Subsections (a) through (g) of Government Code Secrion 66•~7~ exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a dul}• noriced public hearing at ~t°hich time all interested parties were given a full opportunity to be heard and to present evidence; a*~d WHEREAS, pursuant to the California En~irorunental Qualin• Act (CEQA) it has been determined that the project is Categorically Exempt under Class 3, Class 15 and Class 33 criteria for Categorical Exemptions from CEQA. NOW, THEREFORE, BE IT RESOLVED that the Tentati~•e Parcel Map for the hereinafter described subdivision, which map is dated December 15, ?000 and is mazked Exhibit 'A' in the herein above referred file, be and the same is hereby condirionally approved. The conditions of said approval are as follows: COMMUNITY DEVELOP~IErT Acknowledged. 1. The development shall be located and constructed as sho«-n on Exhibit 'A', incorporated by reference. Re e o r d a t i o n in 2. A reciprocal access easement from Twin Creeks Road to lot A and the proposed off setting Lot Line Adjustment with the adjoining pazcel to the ~~'est shall be recorded Progress . as shown on E~chibit "A" • • /3 File No. SD-00-006;1202 Quito .Road • Acknowledged. 3. Prior to issuance of a Building Permit, a landscape plan shall be submitted for re~ie~~• and appro~•al by the Community De~•elopment Du-ector. Acknowledged 4. Prior to Final Inspection, all landscaping on the appro~•ed lan'~-~cape plan shall be installed. Easement dediea t ed ~. The de~•elopment shall comply «zth the Santa Claza Valley ~~'ater Districts request for an easement dedication to allo~~• access for maintenance and repair purposes. On Map . ~ The project also must comply with all soil erosion and water run off management requirements. A11 submitted . 5. Prior to submittal of the Fi*ral flap to the Public ~~'orks Depa-tznent• the follo~.•ing shall be submitted to thz Plaruring Division staff in order to issue a =oning Clearance: • a. Four (~) sets of complete Impto~~ement Plans incorporating this Resolution as a sepazate plan page and containing the follo«ing recisions: i. :ill applicable recommendations of the City arborist. b. Four (~) sets of complete grading plans incorporating ~-us Resolution as a separate plan.page and containing the follo«•irrg re~•isions: i. :~11 applicable recommendations of the Ciry :~rborist. Aeknowl edged . 7. Construction, alteration or repair activities (for subdivision impro~•emencs as well as the construction of the residences) ~~•hich are authored by a valid Ciry of Saratoga permit, or which do not require the issuance of a Cin- of Saratoga permit, maybe conducted only on ~veckdays ben~•een the hours of ~ 3~~ A~•1 and 6:00 Pivl so long as the noise letiel does not exceed 60 dB a at Project property boundary. No such construction work shall be pernutted on Sacurda}•s• Sunda}•s• or legal holidays. Construction noise should be reduced «•henever possible. The Ciry Engineer may grant an exempdor. upon.his.~her determination of an emergenc~•. A sign indicating pernutted construction hours shall be posted on the Bice in a risible location. Acknowledged . 8. Applicable construction conditions shall be included in any a_-rd all contracts with each and e~•ery contrauor and subcontractor ~~•orking on the Project Acknowledged. 9• Dust and erosion control ~~ill be maxirni=ed onsite and on steers in the adjacent, neighborhoods shall be maintained in a manner to avoid the accumulation of mud and dirt in the streets. Acknowledged. 10. The final landscape plan shall be re~ie«ed and appro~•ed by the Community De~•elopmenc Director prior to issuance of any Building or G=ading Permits. The plan shall include all Ciry Arborisc and- H. T. Haney riparian survey recommendation. This includes a re~•egecation plan Eor the .an Tomas aquinos r ~r~~M,~rn+nrc s~~u a.~, n~a_ qwm ad ~~,~ na ~ sn _ ~ ui ,r,~ :` /'~ - File ~D-00-006;15202 Quito Road • Creek riparian corridor in accordance ~~ith the H. T. Harve} survey.:~ll plantings shall consist of drought tolerant, native species that naturall}' occur in the habitat neaz the site. Acknowledged 11. \TO structures, pools, fenei~g or hardscaping shall be permitted in the creek riparian setback area. CtTr Attt3otusT Comp 1 e t e d . 12. :ill recommendations in the Ciry Arborist Reports dated October 20, 2000 and December 11. ?000 shall be follov~•ed and incorporated into the plans. This includes, but is not limited to: a. The ~rborist Reports shall be incorporated, as a sepazate plan page, co the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. • b. Five (~) fc. chain link tree protective Ecncing shall be sho.~•n on the site plan and grading plan as recommended by the :~rborist ~~ich a note 'co remain in place throughout construction.' The fencing shall be inspected by staff prior to issuance of a Grading or Building Permit. c. ~ note shall be included on the site plan and grading plan stating that no construction equipment or private vehicles shall pazk or l,e scored within the dripline of any ordinance protected Qees on the site. d. A landscape plan shall be submitted prior to issuance of a Zoning Clearance sho«ting locations of the ten 36-inch native replacement trees. (This number may be reduced depending on the trees that the applicar+_t is proposing to be . relocated instead of removed in revised site plan.) leknowledged . 13. Prior to issuance of a Building Permit, the applicant shall submit to the City, in a form acceptable to the Communiry Development Director, security in the amount of 571,080 pursuant to t: a report aad recommendation by the Ciry Arborist to guarantee [he maintenance and preservation of trees on the subject site. (The amount may be reduced depending on the trees that the applicant is proposing to relocate instead of remove in the revised site plan.) Acknowledged . 14. Prior to Final Occupancy approval, all native replacement trees shall be installed in accordance w•ich the :~rborist Reports. Acknowledged . li. All retaining walls, driveway construction and oche: tree protection recommendations in the arborist Reports shall be strictly follo~~-ed Acknowledged . 16. Prior to Final Occupant}• approval, the City ~rborist shall ins: ect the site co verify compliance ~~zth tree protective measures. Upon a favorable site inspection by the A.rborist and, any replacement trees having been planted, the bond shall be released p •Pbnni~MluP1'C iuQ 0.apors•15.0. Cw~ Rd Le~or DR's iD : 17 OLdoc • • ~ File ~D-00-006;15202 Quito Road • Acknowledged . 17. Any future landscaping shall be designed and installed in accordance ~~ith the City Arborist recommendations. FIRE PROTECTIOV DISTRICT Fire hydrant 18. Pro~lde an on-site fire hydrant or provide an approved fire sprinkler system shown on plans . throughout all portions of the residences. Acknowledged . 19. Early Warning Fire Alarm System shall be installed and maintained in accordance- ~~ith the pro~-isions of the City of Sazaioga Code _~racle 16-60. Acknowledged . ?0. When open, gates shall-not obstn!ct any pomon o[ the required access road.vay or driveway width. If prodded, all locks shall be fire department approved. Installation -shall conform ~zth Fire Depamnent Standazd Details and . Specifications G-1. Acknowledged . 21. Early ~Vazning Fire' Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. Acknowledged . 32. :~utomaric sprinklers shall be installed in the newly constructed garages (2 heads per stall). The designer/architect shall contact the San Jose 1,Vater Company to determine the sine of ser~zce and meter needed to meet fire suppression and domestic requirements. To ensure proper sprinter operation, the gazage shall have a smooth, flat. hori=ontal ceilir-g. Acknowledged. '-~• A method to locate street addresses sufficient for emergent}• situations shall be worked out ~~-ith and.approved by the Fire Department. Acknowledged. 2.1. Provide an approved Fire Department engine driveway turnaround with a minimum radius of 36 feet outside-and 23 feet inside. Installations shall conform ~~1th Fire Department Standard Details and Specifications D-1. f.. Acknowledged . 2~. Prior to building permit application, the applicant shall provide a recorded copy of deed or easement showing legal access across lot C to lot B. PIJBL.IC WORKS Completed . 26. Prior to submittal of the Final Map to the Public Works Department for examination. the owner (applicant) shall cause the property co be surveyed by a Licensed Land Surveyor or an authori_ed Civil Engineer. The submitted map shall . show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each ne~v . corner location, .angle point, or as directed by the Public Works Department, all in conformity «zch the Subdivision Map Act and the Professional Land Surveyors Act. Map submitted . ''-~• The owner (applicant) shall submit four (4) copies of a Final Map in substantial . conformance with the approved Tentative ~(ap, along «ich the additional P'Panning.PhdJ'Cio60.epoetsJS:O?Qu~roRdLt~otD0.fcSD:.]i0l.doc ~ ~ - • File I~D-00-006;15202 Quito Road • Fees paid. ''-8• Monuments set. ?9 documents required by Section 14-40.0'0 of the Municipal- Code, co the Public ~.Vorks Department for examination. The Final ~fap shall contain all of the informarion required in Section 14-40.030 of the tilunicipal Code and shall be accompanied by the follo.~ing items: a. One cop} of map checking calcularions. b. Preliminary Title Report for the property dated within ninety (90) days of the. date of submittal for the Final ivlap. c: One copy of each map referenced on the Final Vlap. d. One copy of each documentldeed referenced on the Final ~ Iap. e. One copy of any other map, document, deed, easement or ocher resource that ~~ill facilitate the examinarion process as requested b~ the Public Works Deparanent. The owner (applicant) shall pay a \~lap Checking fee, as dete=mined by the Public Works Dueccor, at the time of submittal of the Final tap for examination. Interior monuments shall be set at each lot corner either prior to recordation of the Final ~~lap or some later date to be specifie3 on the Final ivlap. Provided On 30. The o..mer (applicant) shall pro~idc Irrevocable Offers of Dedication for all required easements and/orrights-of•w•ay on the Final Vlap, in substantial conformance with the Map . the appro~-ed Tentative tilap, prior to Final Map approval. Plans submitted. 31. The o«-ner (applicant) shall submit engineered improvement plans to the Public Works Deparanent in conformance with the approved Tentative IVlap and in accordance with the design and improvement requirements of Chapter 14 of the ivluriicipal Code. The impro~~ement plans shall be reviewed and approved by the Public Works Depamnent and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility prodders, prior to approval of the Final flap. The Following specific conditions shall be included on the improvement plans: a . The owner (applicant) shall contribute funds to the Twin Creeks Homeowners . Association equivalent to the cost of o~•erlay of Twin Creeks Drive~from Quito. Road to the City limits with 1.5" of asphalt concrete and the repair ~of failed street sections. b. Quito Road easterly shoulder shall be widened•by a -minimum of 4 feet measured from the e.Yisting edge line. Retaining wall, a r~ardrail, and an AC berm shall be constructed as necessary. Shoulder transitions shall be designed per latest Caltrans Plans and Specifications. P'~Plannin~ PM~PC icaQ 0.eooro'11:0: Quite Rd tsaor D0. t SD _?i Ol.da • C / Y ~ees paid. Agreement signed. File I~~D-00-006;15202 Quito Road • 33. The owner (applicant) shall pay a Subdivision Impro~•ement Plan Checking fee, as determined b}• the Public Works Director, at the time Impro~•ement Plans are submitted for re~iew•. 33. The owner (applicant) shall enter into an Improvement Agreement with the Ciry in accordance with Section 14-60.010 of the Municipal Code prior to .Final ivlap approval: Securities posted . 34• The owner (applicant) shall furnish Impro~•ement Securities in accordance with Secrion 14-60.020 of the Municipal Ccde in the ma-u~et and amounts determined by the Public ~,Vorks Director prior to Final flap appro~•al. Proof o f insurance 3~. The owner (applicant) shall Eurnish a written indemnity agreement and proof oP insurance co~•erage, in accordance «ich Section I4-O~.OSO of the `Municipal Code, provided :. - prior co Final Map appro~•al. Shown on plans . 36. The owner (applicant) shall underground all e.~risring overhead utilities bet~veen• power pole \o. 30201 and power pole No. 39667 along Quito Road Letters provided . 37. .Prior to Final ~ lap approval, the o~v-ner (applicant) shall furnish the Public Works Department with satisfactory written commitments Erom all public and pri~•ate utility prodders senir-g the subdivision guaranteeing the comTletion of all zequired , utility impro.•ements to sere the subdivision. Acknowledged. 38. The owner (applicant) shall secure all necessary permits from the Ciry and any ocher public agencies, including public and pri~•ate ucilin• prodders, prior to commencement of subdivision impro~~ement consavction: Copies of permits other • than those issued by the Ciry shall be prodded to the Public ~~'orks Department. Fees paid . 39. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. Fees paid . 40. The owner (applicant) shall pay any outstanding fees associated with the Ciry Geocechnical Consultant's review prior to Final Map Approval . Agreement signed . 41. The owner (applicant) shall enter into agreement holding the Ciry of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. Acknowledged. 42. All building and construction related activities-shall adhere to Vew Development and Construcrion -Best Management Practices as adoptec'~ by the Ciry for the purpose of pre~•enting storm tivacer pollution. CITY GEOLOGIST P"fLmm~Q PIuDPC SuQ 0.eports~J5:0: Quno 0.d Lc~ot pR ~ SD - .d OI dot • '° File ~D-00-006;1202 Quito Road • Letters submitted . 43. The Project Geotechnical Engineer shall review and approre all geotechnical aspects of the final subdivision improvement plans (i.e., site preparation and ading, sits drainage improvements -and design parameters for building foundations, driveways, and the s~~imming pools) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. ~Ve recommend that the Project Geotechnical~ Engineer consider expanding demolition recommendations to indicate that depressions created as part of demolition and remo~•al actinides be properly backfilled «zth engineered fill. The results of the plan re~ie~v shall be summari=ed by the Project Engineering Geologist and Project Geotecluiical Engineer in a lecter(sl and submitted to the Ciry Engineer for re~~e~r and approval prior to approval of the Subdivision Improvement Plans. A ekn owl e d g e d . 44. The Project Geotechnical Engineer shall inspect, test (as needed), and appro~•e all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill key~va}°s,~ and foundation constTUCtion prior to placement of fill, steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to finali=anon .of Grading Permits. The project shall comply with all recommendations in the City Geologist Geotechnical Report dated January ~, 2001. Fees paid . 4~. The owner (applicant) shall pay any outstanding fees associated ~~ith the Ciry Geotechnical Consultant's re~ie~v of the prior io Final ~fap:~pproval. Agreement signed . 46. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any :hums ur liabilities caused by or arising out of soil or slope instability, slides, slope Failure or other soil related and/or erosion related conditions. CITY ATTORi~1EY Acknowledged. 47. 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 or Federal ' Court, challenging the City's action with respect to the applicants project. Acknowledged . 48. Noncompliance ~~ith 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 ~ioladon, liquidated damages of 5?50 shall be payable to this City per each day of the violation. P `Planning PhrMC inQ0.apom9:?0: Qw[o Rd Luor D0. 6c SD 1?d Jldac • /'~ . File 1~-00-006;15202 Quito Road ; ' ~. Section 2. Construction must be commenced within ?4 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 li-90 of.the ' Saratoga Ciry Code, this Resolution shall become effective fifteen (l~) days lrom the date of adoption. PASSED A,vn ADOPTF~ b}• the City of Saratoga Planning Commission, Statc of California, this 28`s day of February 2001 by the following roll call vote: A1'FS: NoFS: ABSE:vT: ABSTAIN: • • C~ Chair, P1 ~ Co ion ATTEST: C Secretary, Planning Commission P~V'bnnin6+PIuMC SbH Rrports'15:G: Quao Rd lesor D0. (4 50:.2U.OI.doc O I • Attachment 4 • a,2 Le or INVESTMENTS, INC. October 14, 2005 John Livingstone City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Quito Estates Riparian Setback Dear John, Following my meeting with Dave Anderson and you and pursuant to your suggestions, I met with the two current home owners and their landscape consultants to discuss the requested modifications to the riparian setback area. Additionally, Robin Atherton and I i met with David Stephens from H.T. Harvey and Associates on site to discuss appropriate measures that could be taken to mitigate the modifications being requested. As you are aware requests have been made for minor adjustments to both Lot Aand-Lot B and per your suggestions I reviewed with Mr. Stephens minor adjustments to Lot C as well, even though the home is currently under construction but this way you can review all proposals at the same time. Mr. Stephens recommendations are attached hereto (see attached letter date 10-13-OS) and reflect our previous discussions of providing sufficient plantings to mitigate and per the recommendations of Mr. Stephens, improve the riparian habitat on the site. The areas to be modified are all directly adjacent to the structures and very small relative to the extent of the riparian area. To add some additional background when we purchased the property homes, barns, garages, BBQ's, and several other structures were all located within what is now the riparian setback area. This is why in the original H.T. Harvey report, it was suggested that the quality of the particular riparian area was relatively low. We subsequently removed all the existing structures and garbage and restored the area to its natural state, including and extensive repair of a section of the San Thomas Aquino Creek and removal of tons of concrete and garbage from the creek bed. All these repairs were accomplished under the direction of Santa Clara Valley Water District, Bay Area Water Quality • Control, Fish and Game, and the Army Corp of Engineers. Thus quality pf the riparian area has been significantly increased. 15585 Los Gatos Boulevard • Los Gatos. California 95032 • 408-402-9877 • fax-408-402-0607 ~~ i In my letter of July 13, 2005 to the Planning Department I indicated that the purpose of the requested modifications to Lot A and Lot B is to accommodate specific backyard landscaping designs which I believe are very minor with regards to the impact on the riparian area and as Dan Stephens has suggested in his October 13, 2005 letter are being mitigated with additional plantings equal iri area. The modifications to the areas on Lot C are being proposed at this time so that mitigation can be provided in the area indicated which is a natural location to make a significant . improvement to the riparian habitat. In summary, I believe the requested changes have little if any impact on the originally approved setback areas and given the proposed mitigation measures will in fact improve the quality of the area. Therefore I would ask that on behalf of all three of the property owners you approve the proposed changes. Sincerely, ~/~~~ William F. Hirschman • President ~~ I• • Attachment 5 • ~~ • November 8, 2005 City of Saratoga Planning Commission 1377 Fruitvale Avenue Saratoga, CA 95070 RE: Quito Estates Riparian Easement Modifications Dear Planning Commission: I am the owner of 18657 Twin Creeks Road, Saratoga also known as Lot A. I have no objection to the proposed modifications to the riparian easement on the adjacent properties of Lot B and Lot C. Sincerely, Ste a Bordello Owner of Lot A i c~ ~ • • Attachment 6 • ~~ AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Deborah Ung_o-McCormick, being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Department on the 3rd day of November, 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 250 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. ~ ~ o_ 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 23rd day of November 2005, at 7:00 p.m. Located in the City Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT LOCATION: 15310 QUITO ROAD APN: 410-39-12; LLOYD, property owner APPLICATION: #06-060 The applicant requests approval of an amendment to the conditions of approval of the original Subdivision Map as approved by Resolution No. DR-00-045 to allow certain encroachments in the creek riparian setback area, subject to mitigation. The site is zoned R-1 40,000. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you 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 15, 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 mate information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Deborah Ungo-McCormick, AICP Contract Planner 408-868-1232 ~~ 39707016 CAPEK, JOHN M & LINDA L or Current Owner 15160 ORIOLE WY SARATOGA, CA 95070-6264 39707043 PIERCE, MARK H or Current Owner 15295 SOBEY RD SARATOGA, CA 95070-6255 39707076 BECK, CLARK & MARIA T TRUSTEE or Current Owner 15300 SOBEY RD SARATOGA, CA 95070-6289 39707083 SATHAYE, SHIRISH S TRUSTEE ETAL or Current Owner 15315 SOBEY RD SARATOGA, CA 95070-6275 39707108 HINSHAW, JAN A & JEANNETTE or Current Owner 15227 QUITO RD SARATOGA, CA 95070-6228 39707113 FOLK, ROY E & DAISY M or Current Owner 15314 SOBEY RD SARATOGA, CA 95070-6289 39708041 SAFFARIAN, JALIL & SOGOL or Current Owner 18635 MONTEWOOD DR SARATOGA, CA 95070-6221 41037005 MAXSON, DOUGLAS R or Current Owner 18598 TWIN CREEKS RD MONTE SERENO, CA 95030-2132 41037008 KUEHN, DON R & THELMA E TRUSTEE or Current Owner 18522 TWIN CREEKS RD MONTE SERENO, CA 95030-2132 • 39707005 COWARD, JOHN H & DENISE E or Current Owner 15095 QUITO RD SARATOGA, CA 95070-6296 39707017 BARSOUMIAN, KRIKOR & JULIE or Current Owner 18640 MAUDE AV SARATOGA, CA 95070-6214 39707044 RUMSEY, ROBERT W & FRANCES C or Current Owner 15285 SOBEY RD SARATOGA, CA 95070-6255 39707079 SCIMECA, GERALD R & COLLEEN M TRUSTEE or Current Owner 18661 MAUDE AV SARATOGA, CA 95070-6215 39707102 CASALE, FRANK & TERESA M or Current Owner POBOX2311 SARATOGA, CA 95070 39707111 MARINO, CHARLES A & PATRICIA A TRUSTEE or Current Owner 15185 QUITO RD SARATOGA, CA 95070-6228 39707114 BEDFORD, ROBERT D & CHRISTINE A or Current Owner 15229 QUITO RD SARATOGA, CA 95070-6228 41037001 POGUE, ERIC A or Current Owner 15410 QUITO RD SARATOGA, CA 95070-6230 41037006 SHEPHERD, STEVEN & ROBIN TRUSTEE or Current Owner 18576 TWIN CREEKS RD MONTE SERENO, CA 95030-2132 41037009 BARSEMA, DENNIS & STACEY TRUSTEE or Current Owner 18500 TWIN CREEKS RD MONTE SERENO, CA 95030-2132 39707015 PHILBRICK, VINCENT J & MARGARET J TRUSTEE or Current Owner 15200 ORIOLE WY SARATOGA, CA 95070-6264 39707018 RIDGECREST GROUP or Current Owner 3131 S BASCOM AV CAMPBELL, CA 95008 39707045 RULE, WILLIAM T or Current Own~~r 15317 SOBEY RD SARATOGA, CA 95070-6290 39707081 SATHAYE, SHIRISH S TRUSTEE ETAL or Current Owner 15315 SOBEY RD SARATOGA, CA 95070-6275 39707103 CHID, WEN H TRUSTEE ETAL or Current Owner 18615 MAUDE AV SARATOGA, CA 95070-6215 39707112 WRIGHT-JENKINS, LISA & DANIEL R or Current Owner 3221 BERN CT LAGUNA BEACH, CA 92651 39707115 BOYLE, ROBERT D & LAUREN R. TRUSTEE or Current Owner 15231 QUITO RD SARATOGA, CA 95070-6228 41037002 JAMISON, MICAHEL E & PATRICIA M TRUSTEE or Current Owner 15390 QUITO RD SARATOGA, CA 95070-6230 41037007 KELLY, ROBERT J & PATRICIA .~ or Current Owner 18560 TWIN CREEKS RD MONTE SERENO, CA 95030-213:; 41037010 BADAME, JOSEPH M & FRANCE TRUSTEE or Current Owner 18494 TWIN CREEKS RD MONTE SERENO, CA 95030-213:? ~~ d' ~J 41039004 JESPERSEN, BRUCE R & MARILYN B or Current Owner 18443 TWIN CREEKS RD MONTE SERENO, CA 95030-2129 41039007 ALBERT, WILLIAM A JR & REBECCA TRUSTEE or Current Owner 18475 TWIN CREEKS RD MONTE SERENO, CA 95030-2129 41039011 WEIGHT, DAVID J & SHARON L or Current Owner 18601 TWIN CREEKS RD SARATOGA, CA 95070-6261 41040002 VANAKEN, PHIL & CHRISTINE or Current Owner 15254 QUITO RD S TOGA, CA 95070-6227 006 S C V W D or Current Owner STRAFORD CT MONTE SERENO, CA 95030-0000 41040011 CHOU, ALBERT S & COLETTE L TRUSTEE or Current Owner 15208 STRATFORD CT MONTE SERENO, CA 95030-2125 41040014 KANG, CHANG SULL & YOON SUN ~r Current Owner 15070 STRATFORD CT MONTE SERENO, CA 95030-2125 41040017 WESENHAGEN, HUMPHREY E ETAL ~r Current Owner P O BOX 2714 SARATOGA, CA 95070 024 JAMES P III & DOLORES L or ~un ent Owner L 8510 BICKNELL RD VIONTE SERENO, CA 95030-2 1 1 5 41039002 PUALUAN, MUNIR & ALICEANN V TRUSTEE or Current Owner 18429 TWIN CREEKS RD MONTE SERENO, CA 95030-2129 41039005 MALYSZ, EDWARD F & PATRICIA F TRUSTEE or Current Owner 18459 TWIN CREEKS RD MONTE SERENO, CA 95030-2129 41039009 KELLY, MARY A TRUSTEE or Current Owner 18499 TWIN CREEKS RD MONTE SERENO, CA 95030-2131 41039012 LEXOR INVESTMENTS INC or Current Owner 15202 QUITO RD SARATOGA, CA 95070-6229 41040003 HERNANDEZ, JOHN L & JOSEPHINE P TRUSTEE or Current Owner 15232 QUITO RD SARATOGA, CA 95070-6227 41040009 BAUMWELL, MARK A & SALLY M or Current Owner 15254 STRATFORD CT MONTE SERENO, CA 95030-2125 41040012 BERNAL, CATHERINE L TRUSTEE or Current Owner 15164 STRATFORD CT MONTE SERENO, CA 95030-2125 41040015 S C V W D or Current Owner. STRAFORD CT MONTE SERENO, CA 95030-0000 41040018 HUYNH, PAUL H & HONG or Current Owner 15120 QUITO RD SARATOGA, CA 95070-6229 41040025 IWAGAKI, KENNETH J & MARTHA M TRUSTEE or Current Owner 15292 STRATFORD CT MONTE SERENO, CA 95030-2125 41039003 FRETVALD, MATTHEW & DEBORAH L or Current Owner 18435 TWIN CREEKS RD MONTE SERENO, CA 95030-2129 41039006 GROFF, JAMES R & DAELENE C or Current Owner 18467 TWIN CREEKS RD MONTE SERENO, CA 95030-2129 41039010 LONBERGER, ROY V & CAROL A TRUSTEE or Current Owner 18527 TWIN CREEKS RD MONTE SERENO; CA 95030-213.1 41040001 ABIOG, SUSAN B & ANTONIO R or Current Owrier 15276 QUITO RD SARATOGA, CA 95070-6227 41040005 S C V W D or Current Owner STRATFORD CT SARATOGA, CA 95070-0000 41040010 TURNER, A. EDWARD TRUSTEE or Current Owner 15232 STRATFORD CT MONTE SERENO, CA 95030-2125 41040013 -- GRAHAM, ROGER D & PATRICIA J TRUSTEE or Current Owner 15122 STRATFORD CT MONTE SERENO, CA 95030-2125 41040016 MASSIHPOUR, SHAHRIAR & AFSANEH TRUSTEE or Current Owner 18590 AVON LN SARATOGA, CA 95070-6206 41040023 COLLINS,.DENNIS J or Current.Owner 18540 BICKNELL RD MONTE SERENO, CA 95030-2 1 1 5 41040026 FREEMAN, STAN P & MELINDA S or Current Owner 15276 STRATFORD CT MONTE SERENO, CA 95030-2125 ~~ • Attachment 7 • • d '3l y _ _~~ ~- :~_ . - - ` H.T. HARVEY & ASSOCIATES ECOLOGICAL CONSULTANTS • ~~ ti November 2, 2005 Bill Hirschman Lexor Builders 15585 Los Gatos Blvd Los Gatos, CA 95032 SUBJECT: Quito Estates Riparian Setback Mitigation Overview Dear Bill, H. T. Harvey & Associates has prepared riparian assessments for all three lots at Quito along San Tomas Aquino Creek in Saratoga,- over the past several years. For all Estates , three lots we have determined that the appropriate setback from the riparian corridor is 50 feet. -_- - In Lot A per our letter of August 22, 2005, we allowed for 927 square feet of encroachment based on riparian mitigation plantings of 1,876 square feet contiguous with the riparian corridor. In Lot B, per our letter report of August 9, 2005, we allowed for an encroachment of approximately 915 square feet (Figure 1) based on mitigation plantings of an equal area with native oaks contiguous with the riparian corridor. Figure 1 has been modified to show a very small additional encroachement by a building corner of approximately 4 square feet. The mitigation proposed is ample to compensate for this very small-encroachment. In Lot C the plans currently show an encroachment into the setback ~ area of approximately 2,000 square feet. Figure 1 shows and area within Lot C contiguous with the creek that would be suitable for 2,000 square feet of mitigation plantings. The area shown for mitigation plantings is more than ample to accommodate the mitigation plantings. The planting area should be f eld fitted to be contiguous with the creek, and must be composed of trees native to the San Tomas Aquino creek corridor. These species would include coast live oak, valley oak, red and arroyo willow, sycamore, buckeye, white alder, etc. The trees should be grown from local stock collected within 10 miles of the project site. If you• wish to use large container stock we can assist in identifying available stock of suitable provenance in local nurseries. The trees should be planted on 12-16 foot centers, and native understory plantings would be recommended. This mitigation planting will provide for an improvement an the riparian habitat on the site. • ~-_ -. -.:- `. ,'; ~. t ' • If you have any questions please contact me at (408) 448-9450 ext. 401. ,~cerely, ~ ` C~~~r Darnel Stephen Senior Restoration Ecologist cc file 1736-OS Robin Atherton JAB • H. T. HARVEY & ASSOCIATES Item 2 • C REPORT TO THE PLANNING COMMISSION Application No./Location: Applicant/Owner: Staff Planner: Type of Application: Date: I APN: App # 04-176/ 13095 Pierce Road Walter Chapman/Ken Koenig Suzanne Thomas, Assistant Planner Modification of Approved Plans November 23, 2005 503-16-050 Department Head: /f ~~ j ~ ~ ~. FOOTHI,LL LN t-\ /¢IE~D ~'~ ~' ®13071 Plerce Fated I - ~ .~ 500' from 73071 Rerce \ +' ~ ! ~ _ ~ ~ ~y~ ~ _\ (\ / ~~ : 4- N ~. ,,1 ~ ~ -~ _ ~ CondortinluRS ~ - ~ 1 -. .--alEace Ra"~ ~ IAergeO ParceS - -- J ~.-~ - -~' - ~ ~ ~~V I ~~V ~._ W ~ E Street t.ebe5 ~~ i 1 ~~ ~~ ~ ,.. ~, ` ~ 1 ~\ I ~ j ~ _. r I ~ 'f / COMER DR COMER DR _ 1 -~~ { ~. Ill, ~ ~ . \ ~ `(~- ~ T I !~ ~ ICE"RD Mp`ICTtJND ~ ~ ~~ _L'-. PARA/ADUNT DR ~ 1 / ,. ~ ~ ~ I i 1 r I 'r i ~ ~ I ~ I ~~! `~, ~ ?~ - - ~ - { ~ ~I 1 ~ ' ~ ~ ~~ t _ ~/ '- - -- >l - ~ ~ ~` I i 1 l ~ ~~~ ~ -y: --=' i I ,~ ~~ ~~ ~ - `v -_____ >__ ~ ~ ~ _ I ~~: I ~ ~ ~ i ----~--- -..-._.-' J Y-~ ~- i ------ ~~ ~ I ~. I o tso 30o sso soo 7so tti I ~ P Rico-do `----- __.-...__._-_.., / --.-~ r.._.-.__._.. I .til-K _ ~ ~ I ~/ ~ I ~ ~~ I I I.-i PnanAaUl'LT DR I~ I I /~ 11 ~ ~ 13071 Pierce Road EXECUTIVE SUMMARY CASE HISTORY Original Application filed: Modification filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 06/03/04 10/10/OS 1U07/OS 1U09/OS 1U07/05 11/17/05 The applicant requests a Modification to the Approved Plans as described in Resolution 05-002. These changes would include an approximate 600 square-foot addition to the basement and minor exterior changes to the home, involving window placement and style and the addition of shingle siding to the upstairs gable dormers. STAFF RECOMMENDATION Approve the application for a Modification to Approved Plans by adopting the attached Resolution. • File No. 04176,• 13071 Pierce Road/Koenig Property • STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 54,198 square feet gross; 36,170 square feet net AVERAGE SITE SLOPE: 10% GRADING REQUIRED: The applicant is proposing 48 cubic yards of excavation for the residence. The City Code does not count basements as grading therefore the basement is not included in this calculation. ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the California 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. Original Proposed Difference Code Approval Changes Requirements • Lot Coverage: Building Footprint Patios, Pool Area, Cabana, Porch, and Walkways Driveway TOTAL Max. Allowable 32.5% 33.4% +0.9% 35% 3,505 sq. ft. 3,490 sq. ft -15 sq. ft.~ 5,415 sq. ft. 5,375 sq. ft. -40 sq. ft. 2,998 sq. ft. 3,223 sq. ft. +225 sq. ft. 11,918 sq. ft. 12,088 sq. ft. +170 sq. ft. *No actual difference in footprint; original plans had error. Floor Area: Main Floor Garage Upper Floor Cabana (Basement), not counted TOTAL 2,788 sq. ft. 2,773 sq. ft. -15 sq. ft. 717 sq. ft. No change 0 1,899 sq. ft. 1,904 sq. ft. +5 sq. ft. 360 sq. ft. No change 0 (1,996 sq. ft.) (2,561 sq. ft.) (+565 sq.ft.) 5,764 sq. ft. 5,754 sq. ft. -10 sq. ft. 12,660 sq. ft. Max. Allowable 5,766 sq. ft. 02 File No. 04176,• 13071 Pierce Road/Koenig Property Setbacks: Min. Req. Front 57 ft. No change 0 30 ft. Rear 230 ft. No change 0 60 ft. 2nd Left Side 21 ft. No change 0 14 ft., 8 in. 2nd fir. Right Side 14 ft., 8 in. No change 0 14 ft., $111.2nd fir. Height: M~• Allowable Residence 26 ft. No change 0 26 ft. Cabana 13 ft. 3 in. No change - 0 15 ft. PROJECT DISCUSSION Background The applicant had originally submitted plans for atwo-story home and cabana in June 2004. The Planning Commission approved the project in January 2005 (Resolution OS- • 002) and the applicant submitted plans to the Building Department. During the final phase of that process, the plans were routed back to Planning where the modifications to the basement and exterior were noticed. It was determined that pursuant to Municipal Code 16-05.035, modifications to a development condition that had been originally approved by the Planning Commission must be re approved by the Planning Commission. Due to the onset of the rainy season staff is allowing the applicant to continue moving forward with the project construction based on the attached legal agreement between the City and the applicant. Design Review The applicant is requesting a Modification to Approved Plans as described in Resolution 05-002. These changes would result in a ten square-foot decrease in floor area and a 185 square-foot increase in coverage. The areas of change involve minor changes to the exterior of the residence, relocation of the cabana, and expansion of the basement. The minor exterior changes are as follows: Front elevation o Shingle siding was added to the gable dormers above the porch for architectural character. o Sidelights were added to the entry door to provide fight to the entry hall. o The basement window at the stairs was removed for structural reasons. • File No. 04176,• 13071 Pierce Road/Koenig Property - o Double hung windows replaced some of the downstairs fixed windows. • Rear elevation o Shingle siding was added to the gable wall at the master bedroom for architectural character. o The bedroom doors at the master bedroom were changed to arched top French doors with flanking double hung windows. o The window configuration at the studio and family room was altered to accommodate the gas fireplaces inside of the rooms. o Posts supporting the upper floor balcony were removed and were replaced by aclear-spanning beam running-the width of the patio, thereby removing these potential obstructions. o The chimney was rotated to accommodate double flues. o A skylight was added to the elevation. o The outdoor fireplace and pizza oven, which were on the original floor plans, are now visible in the elevation. • Right elevation o Shingle siding was added to the sidewall of the gable dormer for consistency. o Sidelights were added to the porch door to provide light to the interior. o A railing was added to the porch to match the railing at the front elevation. o Studio windows were grouped together to provide wall space inside for art. o Guardrails were removed from the fight wells and replaced with grade level grates. • Left elevation o Shingle siding was added to the gable dormer for consistency. o The small windows below the dormer were reconfigured due to the location of the stove hood inside the kitchen. o The chimney was rotated to accommodate the double flues. o Guardrails were removed from the light wells and replaced with grade level grates. • Cabana o The cabana was rotated 90 degrees and moved to the rear of the pool terrace. o The height of the pool equipment enclosure was raised to match the height of the adjacent outdoor shower enclosure. o The covered portion of the patio was increased by one foot in dept to 12 feet. • Landscaping and driveway o The shape of the lawn was changed to a more rectangular shape. o The configuration of the driveway was altered to allow better vehicular access. o A crushed granite area has been added to an area that was originally to be concrete patio. (This area will be changed to lawn as indicated as a condition of approval) File No. 04176,• 13071 Pierce Road/KoenigProperty Geotechnical Clearance The basement has been expanded to encompass the entire footprint of the main floor. This change was predicated by soils engineers concerns regarding differential settlement of the main structure. There will be no impact to the neighbors because no additional windows are being added. GeoForensics Inc. reviewed Westfall Engineering's Grading and Drainage Plan (September 2004, revised October 11, 2004), which showed the full basement excavation. In their evaluation, GeoForensics Inc. stated, "these plans appear to have been prepared in substantial conformance with the intents of the recommendations within our report and good geotechnical engineering practice" (Attachment 3). The Building Department has also reviewed and approved the technical aspects of the expanded footprint. The applicant has received permission from the City Attorney to excavate the full basement and install rebar therein prior to the Planning Commission hearing in order to do so ahead of the rainy season. An Agreement to Hold Harmless, Indemnify, Defend, and Release has been signed by the applicant, which states that if the Planning Commission does not approve these modifications, the applicant will fill and compact to 95% compaction the area excavated which has not been approved. Changes to the Calculations There were a few minor calculation errors on the original plans. These affected the total impervious surface amount and the total floor areas for the upper floor and main floor by less than five feet each. A comparison of the corrected area calculations on the original plans and the areas described on the modified plans show an 18.5 square foot decrease in . the main floor area and a 6.5 square foot increase to the upper floor. Design Review Findings Except as noted above, the project will be constructed as described in the staff report and plans approved by Resolution 05-002. The modified project is consistent with all of the following Design Review findings stated in Article 15-45.080 of the City Code: (a) Avoid vnreasonableinterference with views and privacy. The proposed house is not in a view comdor and will not have an adverse affect on neighbors' views.. The proposed house is located in approximately the same location as the existing house. (b) Preserve Natural Landscape. Only two protected trees will be removed as part of the proposed plan. One is an Apple tree and the other a Palm. The City Arborist Report requires replacement trees to be installed equivalent to the value of the removed trees. The applicant has s File No. 04176,• 13071 Pierce Road/Koenig Property shown a conceptual landscape plan that includes the planting of approximately seven trees and numerous native plants. (c) Preserve Native and Heritage Trees. The applicant proposing to remove one Apple tree and a Palm tree. The Ciry Arborist Report requires replacement trees to be installed equivalent to the value of the removed trees. The applicant has shown a conceptual landscape plan that includes the planting of approximately seven trees and numerous native plants. (d) Minimize perception ofexcessive bulk. As recommended in the City of Saratoga's Residential Design Handbook the proposed structure has varying rooflines that act to break up the facade and provide interest to the proposed structure. The applicant is also using horizontal wood siding and bay windows to add character to the structure and reduce bulk. (e) Compatible bulk and height. The project meets this policy in that the proposed house will not exceed the maximum allowed height limit. The traditional design and attention to details will add character to the neighborhood and be compatible in both height and bulk with the varying designs located throughout the neighborhood. onion control methods. (f) Currentgraduigand er The proposal would conform to the City's current grading and erosion control standards. The project has received geotechnical clearance from the City Geologist. The project is also providing a bio-s~vale to allow for storm water filtration and semi-pervious driveway pavers. (g) Design policies and techniques. The proposed project conforms to all of the .applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, integrating the structure with the environment, and avoiding unreasonable interference with privacy and views. The home is also designed for energy efficiency in that it will meet the State Energy Guidelines. Correspondence The applicant has shown the modified plans to the adjacent neighbors as documented by the applicant in the attached letters. Staff has received no additional letters or comments to date in regards to these modifications. • File No. 04176,• 13071 Pierce Road/Koenig Property General Plan Conformity Conservation Element PolicL.O Protect the existing rural, atmosphere of Saratoga by carefully considering the visual impact of new development. Land Use Element Polio The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed new house is consistent with the above General Plan Policies in that the proposed project will preserve the large Oak trees on the site protecting the rural atmosphere of Saratoga. The proposed materials and colors will blend the proposed house into the existing landscape and be compatible the other structures in the neighborhood. Conclusion The modified project is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the City Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height, and impervious coverage. StaffRecommendation Staff recommends the Planning Commission approve the application for Modification of Approved Plans with required findings and conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution with conditions 2. Original plan set as approved by Resolution OS-002 3. GeoForensics Inc. letter, dated October 5, 2005, and excerpt from Grading and Drainage Plan, Westfall Engineering, revised October 11, 2004 4. Agreement to Hold Harmless, Indemnify, Defend and Release 5. City of Saratoga Noticing Labels, Noticing Affidavit, and Notice 6. Neighbor Notification letters 7. Applicant's Plans, Exhibit °A" • • • Attachment 1 • APPROVAL OF RESOLUTION NO. • Application No. 04-176 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Koenig; 13071 Pierce Road WHEREAS, the City of Saratoga Planning Commission has received an application for Modification to Approved Plans as described in Resolution 05-002. These changes would result in a ten square-foot decrease in floor area and a 185 square-foot increase in coverage. The areas. of change involve minor changes to the exterior of the residence, relocation of the cabana, and expansion of the basement. WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the proposed project is Categorically Exempt from the California 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 as stated in Article 15- 45.080 of the City Code have been determined: (a) Avoid unreasonableinterference with views and privacy. The proposed house is not in a view corridor and will not have an adverse affect on neighbors' views. The proposed house is located in approximately the same location as the existing house. (b) Preserve Natural Landscape. Only two protected trees will be removed as part of the proposed plan. One is an Apple tree and the other a small Palm. The City Arborist Report requires replacement trees to be installed equivalent to the value of the removed trees. The applicant has shown a conceptual landscape plan that includes the planting of approximately seven trees and numerous native plants. (c) Preserve Native and Heritage Trees. The applicant proposing to remove one Apple tree and a small Palm. The City Arborist Report requires replacement trees to be installed equivalent to the value of the removed trees. The applicant has shown a conceptual landscape plan that includes the planting of approximately seven trees and numerous native plants. • • (d) Minimizeperception ofexcessive bulk. As recommended in the City of Saratoga's Residential Design Handbook the proposed structure has varying rooflines that act to break up the facade and provide interest to the proposed structure. The applicant is also using horizontal wood siding and bay windows to add character to the structure and reduce bulk. (e) Compatible bulk and height. The project meets this policy in that the proposed house will not exceed the maximum allowed height limit. The traditional design and attention to details will add character to the neighborhood and be compatible in both height and bulk with the varying designs located throughout the neighborhood. (f) Currentgradingand erosion control methods. The proposal would conform to the City's current grading and erosion control standards. The project has received geotechnical clearance from the City Geologist. The project is also providing a bio-swale to allow for storm water filtration and semi-pervious driveway pavers. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, integrating the structure with the environment, and avoiding unreasonable interference with privacy and views. The home is also designed for energy efficiency in that it will meet the State Energy Guidelines. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review and is consistent with the following General Plan Policy: Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by caref ally considering the visual impact of new development. Land Lase Element Policy 5.0 The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed new house is consistent with the above General Plan Policies in that the proposed project will preserve the large Oak trees on the site protecting the rural atmosphere of Saratoga. The proposed materials and colors will blend the proposed house into the existing landscape and be compatible the other structures in the neighborhood. .7 /D Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as . follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for Design Review has been approved and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit °A° date stamped November 15, 2005, incorporated by reference. Any modifications of the approved plans are subject to the review of the Community Development Director. Any modifications to the approved plans shall be submitted in writing to the Planning Division with a proposed set of plans highlighting all changes with a cloud. Staff will approve no exterior downgrading in the appearance of the proposed residence. Downgrades may include, but are not limited to, garage doors, architectural detailing, stonework, columns, shutters, etc. Any exterior changes to approved plans may require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. 2. The following shall be included Qn the plans submitted to the Building Division for the building and grading permit plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution as a • separate plan page. 3. No retaining wall shall exceed five feet in height. 4. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. Any existing fences or walls not meeting the zoning ordinance standards shall be removed prior to the project being final. 5. The set of plans submitted to the Building Division for plan check shall be revised to show a 6-foot maximum fence. 6. -The set of plans submitted to the Building Division for plan check shall provide a section illustrating the lightwell and planter box. No portion of the planter box shall be located below grade to increase the size of the lightwell. 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. 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. • ~~ - 8. Landscape plan shall be designed with efficient irrigation to reduce runoff, promote • surface infiltration and rrlinim_ize use of fertilizers and pesticides that can contribute to water pollution. 9. The applicant shall provide a letter of approval from the neighbor to the north concerning the landscaping located in the side yard prior to the first framing inspection and subject to final approval of the Community Development Director. 10. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. 11. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. 12. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 13. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. • 14. Pro er maintenance of landscaping, with minimal pesticide use, shall be the P responsibility of the property owner. 15. The height of the structure shall not exceed 26-feet as defined in Section 15-06.340 of the City Zoning Code. 16. The crushed granite area adjacent to the cabana will be replaced with lawn in order to decrease the impervious surface. CITY ARBORIST 17. All recommendations in the City Arborist's Reports dated June 24, 2004 and letters shall be followed and incorporated into the plans. This includes, but is not limited to: a. The Arborist Reports shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. b. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." Staff prior to issuance of a Building Permit shall inspect the fencing. U ~~ c. A note shall be included on the site plan stating that no construction equipment or • private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. FIRE PROTECTION DISTRICT 18. All requirements stated in the attached Development Review Comments from the Fire District shall be complied with. PUBLIC WORKS 19. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to project Zone Clearance. 20. The Project Geotechnical Engineer shall provide correct distances from Type A and Type B faults to the proposed project site. The consultant shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations, and are consistent with standards of good geotechnical practice. 21. The results of the seismic parameter correction and plan review shall be summarized by the Project Geotechnical Engineer in a letter, and submitted to the City Engineer for review, prior to issuance of permits. • 22. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, and foundation construction, prior to placement of fill, steel and concrete. The results of these inspections and the as- built conditions of the project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review prior to Final Project Approval. 23. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. CITY ATTORNEY 24. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. ~~ Section 3. All applicable requirements of the. State, County, Ciry and other • Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 23rd day of November 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ArrEST: • • Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date ~~ Attachment 2 m C°X hL 13215 SJ3316 ~ :AB 03)p3lO :iB I+NVaG 98L 1-lYL ~@Of) 'ON 3NONd OcOSB h • ~oLwrs 'ud 3Jtl3id l[ocl 0555-IYB (C55) LLOte VJ 'SO1lV SDl 3nN3nV 31NON .b S OL9 ~! ~ y 81£Z 'ON 80f 91N30~ NI302! 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Rana ~teviesved We were provided with 1 sheet of civil drawings to retilew. The dra~virig was prepared by Westfall Engisleera and is dated Septe;xaber 2x04 Kith a Delta 1 revision date of 10/11104. The plan is identitled as Sheet G-1 Grading and Drainage Plan. P'ian o ~i%e have reviewed the above-fisted plan for its conformance with the geotechnical recommendations and parametera provided in our report (dated April 27, 2004), and good geotechnical engineering practice. Based upon our review, we have the following comrnents/changes: . Energy Dissipater - The dissipater should have a junction box {Christy box} whero the outfall pipe connects to the perforated distribution pipes to permit clean out access. Its gecterai, these plans appear to have been prepared in substantial conformance watl~ the intents of the recommendations withi^ our report an3 good geotechnical engineering practice. The a;Foremetttioned comments/changesare relatively mitsor in extent. Therefore, altexations may be made as red-line ehan$es at the city or as field changes. These items will need to be observed by our office in the field. These plans may be submitted tt~ the building department without further review by muroffice. ~~ • • e~ °' f • • • • - • File: 204051 October 5, 2005 It is the addressee's responsibility to provide this letter to the proper building officials, design professionals, and contractors. Delays and additional expenses may result if the proper people are not notified of our comments. Should you have any questions, please contact the undersigned. Daniel F. Dyckman, PE, GE Senior Geotechnical Engineer, cc: 1 to addressee 4 to Chapman Design 1~i t.~• ..:J. ... .. ~~ t' ~s =T~~~_ ~~~ ~.1 r.. `. 2 ~~ •Z /~ -\ H V D O iii iIII~N Iili ~ ;H~~Q ~ ^f''I A 1.~ 1 ~' 1 1 Z d I i l! i9 Iill~$ IIIII° _~' S e ~ ,5 ~ 6~ y ~ ~ ;~ ~~ ;. ~~ Lw• f h' 4~~ ~ ~ x~~ _ ~8 r~0 K ~ ~~ ~tl s N pg• 31' 46' W 1~ \ ~~ _~ 1 I I ---- }=---- _i :-- 0 ~c .. o- -- -- ~- _ _ ------ Z----- ~] r m ~o r 1 i S :, 4 z b 7 J i~ 9 f• f • i • i~ AGREEMENT TO HOLD HARMLESS,.INDEMNIFY, DEFEND AND RELEASE This Hold Harmless, Indemnification, Defense and Release Agreement (AGREEMENT"), is made and entered into by the following parties: 1. The City of Saratoga ("CITY" or "INDEMNITEE"); 2. KEN KOENIG and ROBIN KOENIG (collectively referred to as "INDENINITORS") RECITALS WHEREAS, INDEMNITORS own real property known as 13071 Pierce Road, Saratoga, California and also known as Santa Clara County APN 503-16-050 ("Subject Propert}~'); WHEREAS, Il~TDEMNITORS have applied for and obtained Design Review Approval No. 04-176 from CITY which includes approval for construction of a partial basement under the single-family dwelling on the Subject Property and now desire to expand the basement on one side so as to construct a full basement; WHEREAS, INDEMNITORS have applied for an amendment to Design Review Approval No. 04-176 to allow construction of said full basement, which application will be duly considered by the CITY Planning Commission on November 23, 2005; WHEREAS, INDEMNITORS have submitted to CITY signed letters supporting the amendment from all of TNDEMNITORS immediate neighboring property owners and all neighbors who participated in the original consideration by CITY of Design Review Approval No. 04-176; WHEREAS, INDEMNITORS have requested permission from the Community Development Director and the Building Official to excavate the full basement and install rebar therein prior to November 23, 2005 in order to do so ahead of the rainy season; and WHEREAS, the Community Development Director and Building Official are willing to grant such request on the conditions set forth in the AGREEMENT set forth below. AGREEMENT 1. INDEMI~TITORS hereby agree to fill and compact to 95% compaction the area excavated which has not yet been approved under Design Review Approval No. 04-176, immediately upon mailing of a directive by the Communty Development Director to INDEMNITORS requiring them to do so in the event that the Planning Commission does not approve said amendment on November 23, 2005. If this work is not completed within 30 days after the mailing of said directive to 13071 Pierce Road, Saratoga, California 95070, then the CITY is hereby given consent (in the CITY's sole and complete discretion) to come onto INDEMNITORS property and perform said work and charge the cost thereof to INDENINITORS, including any and all administrative and/or legal costs related thereto. 2. INDEMINTORS further agree to indemnify, defend, release and hold harmless the INDEMNITEE from any claim, complaint, loss, injury, damage or liability unF.rrrr INDEMNIFICATION AGREEMENT Page, I ~~ • • ~~ which may arise or result in any way from the excavation described in Paragraph 1 andJor the installation of reb~ar. 3. INDENINITORS further agree that if requested by the Community Development Director they will immediately provide a bond in favor of the City in the amount necessary to enable the CITY to undertake and complete the work described in the first sentence of Paragraph 1 above. 4. INDENINITORS further agree that if INDENiNITIORS fail to timely complete the work required of them by the first sentence of Pazagraph 1 above, and if the CITY performs said work, then the CITY (in its sole and complete discretion) may collect the cost thereof (including any and all administrative and/or legal costs) from INDEMNITORS themselves, the bond described in Pazagraph 3, the placement of a special assessment on INDENINITORS' Subject Property and collected in the same manner as real property taxes applicable thereto, or by any other lawful means available to CITY. 5. INDENINITORS shall require any and all contractors working on the above described excavation and installation of rebaz to have in full force and effect insurance for comprehensive general liability and professional liability in the minimum amount of $2,000,000 combined single limit. THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND TT. Date: ~~ ~ ~~ .~ Date: ~ • KOENIG INDEMNIFICATION AGREEMENT Page 2 ~ D Attachment 5 • ~/ 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 7th day of November , 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 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 23rd day of November 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: #04-176 -13071 Pierce Road APPLICANT: Ken Koenig APN: 503-16-050 DESCRIPTION: The applicant requests modification of plans for atwo-story single- family residence. These changes would include an approximate 600 square-foot addition to the basement and minor exterior changes to the home. (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 15, 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 • ~~ FRANKLIN LEWIS R 6x NANCY E NIEMAN BERNARD G JR ~ KENNEDY KATHRYN TRUSTEE TRUSTEE LUANNE TRUSTEE ETAL ~PADERO CT 13217 PADERO CT 13180 PIERCE RD TOGA, CA 95070-4208 SARATOGA, CA 95070-4208 SARATOGA, CA 95070-4212 GARLAND THOMAS C JR TRUSTEE WIRE CHRIS A &r JENNIFER L MATHEW TERRY L &s DEBORAH A ETAL 13040 HOUSTON CT 13036 HOUSTON CT 13090 PIERCE RD SARATOGA, CA 95070-4204 SARATOGA, CA 95070-4204 SARATOGA, CA 95070-4212 SHEWCHUK ROBERT P BLAETTLER CONSTRUCTIONS INC EDLER PETER A &z KRISTEN C 13030 HOUSTON CT 2490 CLUB DR TRUSTEE SARATOGA, CA 95070-4204 GILROY, CA 95020-0000 12970 PIERCE RD SARATOGA, CA 95070-3739 ZHU JIEMING TRUSTEE ETAL THORSON ROBERT M &r CAROL K WELDON DONALD M ~sz JUNE C 12950 PIERCE RD 12991 PIERCE RD 13039 PIERCE RD SARATOGA, CA 95070-3739 SARATOGA, CA 95070-3721 SARATOGA, CA 95070-4200 KOENIG KENNETH G &r ROBIN W BICKENBACH WILLIAM K &r CLAWSON MARILYN T TRUSTEE TRUSTEE SYLVIA M TRUSTEE ETAL 13071 PIERCE RD 13100 PIERCE RD 13110 PIERCE RD TOGA, CA 95070-4211 SARATOGA, CA 95070-4212 SARATOGA, CA 95070-4212 OSTLE TERESA B ATHERTON STEPHEN C Est ROBIN L MINTEGUI ANGEL L &r CONNIE S 13044 HOUSTON CT 13050 PIERCE RD TRUSTEE SARATOGA, CA 95070-4204 SARATOGA, CA 95070-4212 13144 PIERCE RD SARATOGA, CA 95070-4212 :-iSI DON &z PHEBE 13138 PIERCE RD SARATOGA, CA 95070-4212 SCVWD COMER DR SARATOGA, CA 95070-0000 GONZALEZ FERNANDO JESUS Esc ESTHER OLIVIA T 20975 COMER DR SARATOGA, CA 95070-3709 BUGADO JOSEPH R &r JOAN A TRUSTEE 20988 COMER DR SARATOGA, CA 95070-3710 KUMARPAL ~¢ ANNUNCIATA PATEL 20976 COMER DR SARATOGA, CA 95070-3710 J~BS PAUL E &r RENEE M TRUSTEE 13093 PIERCE RD SARATOGA, CA 95070-4211 MCSWEENEY WILLIAM Est PATRICIA 20940 COMER DR SARATOGA, CA 95070-3710 HULME JOHN R ~ SUSAN W TRUSTEE 20964 COMER DR SARATOGA, CA 95070-3710 SHAH DEVANG to SUNITA TRUSTEE 18800 BELLA VINA SARATOGA, CA 95070-0000 IVES ROBERT L &ti JUDY P TRUSTEE 20937 COMER DR SARATOGA, CA 95070-3753 GLENNON 1987 LIVING TRUST UTD 6/15/87 TRUS 137 WANISH PALM DESERT, CA 92260-7319 CONRADO PAUL R ~ ELIZABETH L 18820 BELLA VINA SARATOGA, CA 95070-0000 3 h~ VERDOORN RONALD D TRUSTEE POELLOT J MICHAEL &z BEVERLY R LEITZELL DAVID C ~z KAREN W _ 18850 BELLA VINA TRUSTEE 21000 COMER DR SARATOGA, CA 95070-0000 18860 BELLA VINA SARATOGA, CA 95070-3710 SARATOGA, CA 95070-0000 BASTHOLM JAMES W 6x CARMEL M TRUSTEE 12946 ARROYO DE ARGUELLO SARATOGA, CA 95070-3708 WANG YU T Est CINDY H TRUSTEE 21027 COMER DR SARATOGA, CA 95070-3709 HARRIS JACK R 21083 COMER DR SARATOGA, CA 95070-3709 YAGER ROBERT A &~ MARION E TRUSTEE 21020 COMER DR SARATOGA, CA 95070-3710 INGRAHAM DARRELL P &r MARGEAUX 12973 PIERCE RD SARATOGA, CA 95070-3752 JAUNRUBENIS ANDREJS &t SHERRY 12969 PIERCE RD SARATOGA, CA 95070-3752 BUSH JOHN R &r PATRICIA J 18677 WESTVIEW DR SARATOGA, CA 95070-3542 CLIFFORD LAURENCE E &'t PAULINE M 12985 PIERCE RD SARATOGA, CA 95070-3700 • • ~~ • Attachment 6 • s rte,- _.~. r #~'~,",,'~~ "'~,.;'-'~•a~`~,'~'I _ F* .:~& t ~... ,~ ~ ,w,w. _4" ~g •6 N ~~ ~ 1 rt K- IT I~ ~ .~•1X ~ ~~ 1 1°10 .~pR ~~ a W - M ~"yf IVi Ir I IS I ~ o p~ Ory~ u ~_ 'SF~ s. ~ _ rq H/~W •`~OME ~,~,. DRIVE seas .~~,1D_ cp bbl I ~m - ( ~ W g ~• ~~. ~ WSTON CF ~ • Rs n7f ~" T _ R ~~ Iw ~i~~l R ~~ IOVj 1 f,lo. ~ .>. E °~ avl +~' s iaaa- ne) ~i H s Z ge o~'P i o n=i ~e ~ / ~ ~~ 1~. ~ ~c ~~ ~~ ~ 'O 'i~ C ICI r• ~tPi' ~p c y~1 ~ P y, S .~_~ j+ w a T ~ O f..asl,P 1k'I5H •o ~ L ~l _ y A` fi. U'M%A'DS I 0.c, ~ T ~ ~ , X $ q~ r nXi 61).B3 Ir`-~_~~ ~~ ^ ~ dpi P W V I`x_ R I~ V p66?~ rvj''j'g`~'a . _ c ~a~y,~ p_ Ig /^\JIIDSI ~'.i, R' .c .o I '~`~ ~ ~ °'p~ ~Y~ 1~ as n ~' o ae5s as '!' / --NO=M --s'~ R ,~ of ~ ~O ~~ Izo~ON ~inr~VA ~ tD ~ ~i p / ma 1~ rn6''mN-o '~~ 1 $ flbo ~~, 0 6 3~, z -J N. ~ Iw ~ a al Igo°R m N ~~ m 2 v~dy. .. w __. ~_3~_____J cnfo lr -3SlT~-... ~ a -{ O ti p .--. A '~ W r fC I C N Op - ~ 101 ITi O y A O v N 1~ :~ c d y X5.5 ~ N I9 ~ c c ~ o ai r.f n ~ ~~+ . o C y ... T C ~N ~ ' ~ )11.) O))° )1).11 ~ W ~.~Y1, $ Vf ,~• v M . 8 ~ . ~ ~ 7D SRI 91 ~ E na.s s".~t ~ p xy y,o mN Sa a.~ ~~' ~ Te CIS ° ~~~ Q .8 u~l$'i ~ .~ +~ oo ~r.P I~ y~ fl ~ `4 ~ N " K Es£ n a o -{ .L _ ~~' ~O - I I ~ Qin N y1D w C ~ ' bo : I 01',x} ..M~~ ~ ~~ -II V 6 f. Q ~~ I ~ n ~ a 6 t+ '1' ~ I• 6 y~,i 'i'b ~.~Nr ~w ~ f Ito ~ 1 ti ~ 5i 'NFe i~. Ia , a '~odc~ d1c1'~ ~m ~ ~ a , m ~~ ''`- d / >.)o a ., _ ., ~~ ~ ~ ~ ~ ~~ ,~ ~ ~ oe ~~ w ~ ~~ • . i. sl ~ 8 ~• t _~.~T`~ 811 y~' : ~ ~51.f/ C I a d ad's 3 ~. F+ ~ ~~ Q~+ g ~ ~ 10 .y a ` 2 P C ~h-0 ~ : ~ \ • u ~ 791.16 __ oIN ~ ~ ~' ~ ~ Iv ono pv~ ~~m s+n :b ~•/~ .9~ 1~.v ~Q~/! s i. y ~ ~ .a 7. ;~ - ~.! ~ ~ ~ Stn s7a.s6 aan _9s (" c Ci G O o 0 Wx ~~ b ~~ ~---- Date: t Project Address: 13071 Pierce Rd Applicant Name: Ken and Robin Koenig I have seen and understand the following proposed modifications of the- plans approved in January 2005: - Expansion of the basement to a full basement under the main house. No additional light-wells, or stairs were added. No visual impact from above ground. - A rotation and relocation of the pool cabana - Revised front, rear, and side elevation drawings of the house. After reviewing the plans I do NOT have any issues or concerns with the above proposed changes. oC ~ I have reviewed the plans and understand the scope ofwork. l have issues or concerns which after discussion with the applicant have not been addressed. My concerns are the following (please attach additional sheets if necessary). • Nei hbor Name: ~ !~`C Neighbor Address: l .3 (~ 3 ~ l "~~, ~.ol Neighbor phone #: ~p ~" - g~r, 7 ~ 33 D y Printed Name: ~T(J ti ~ ~,~ _(G1C~ t'1 Si nature: $" L.F/~ 77te Saratoga Planning Commission requires applicants to work with their neighbors to address issues cn:d concerns regarding development applications prior to the evening of the public hearing on the proposed project. 7lte Planning Commission does not look favorably upon neighbors who fail to voice their coneernss and issues when solicited by applicants prior io the public hearing. Sta,~'and Plarrrling Commission prefer that neighbors take this opportunity to express arty concerr~s nr issues they may have directly to the applica~rt. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinio~t expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. • ~~ :; Date: ~ Project Address: l3 ?1 Pierce Rd Applicant Name: Ken and Robin Koenig I have seen and understand the following proposed modifications of the plans approved in January 2005: - Expansion of the basement to a full basement under the main house. No additional light-wells, or stairs were added. No visual impact from above ground. - A rotation and relocation of the pool cabana - Revised front, rear, and side elevation drawings of the house. ® After reviewing the plans I do NOT have any issues or concerns with the above proposed changes. ^ I have reviewed the plans and understand the scope of work. I have issues or concerns which after discussion with the applicant have not been addressed. My concerns are the following (please attach additional sheets if necessary). Nei hbor Name: ~G~ ~ ~~ f ~ - ~ ri s Neighbor Address: ~ 3yG ~ Yr ci u Neighbor phone #: kD~ ~(i'I - S~/~%1? Printed Name: ~u-._/~~.~~-~ ~---z Signature: , (due t ~~P. ~~ ~~ rt The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development c~plications prior to the evening of the public hearing an the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concenrs and issues when solicited by applicants prior to the public hearing. Staff and Planning Commissions prefer that neighbors take this opportunity to express any concer~zs or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property: Irrespective of the opinion expressed below, you may reserve the right to ame~rd your opinion at a later date and communicate it to the City of Saratoga. • ~d Date: Project Address: 13071 Pierce Rd Applicant Name: Ken and Robin Koenig I have seen and understand the following proposed changes: - Expansion of the basement to a full basement under the main house. No additional lightwells, or stairs were added. No visual impact from above ground. - The revised front, rear, and side elevation drawings of the house. After reviewing the plans i do NOT have any issues or concerns with the above proposed changes. Neighbor Name: ~~ j(~--~-1~~7~[~ 1 ~jr(,~,n,~ Neighbor Address: ' ~/~ D ~11(,{rC •(~ ~~~ Neighbor phone #: (Q,D~~Q~(~ ~' - 4-,2f~?, Printed Name: ;~~T~YI~ .. • Signature: • ~y Date: ~: ~ 1 0 _~ Project Address: 13071 Pierce Rd Applicant Name: Ken and Robin Koenig I have .seen and understand the following proposed modifications of the plans approved in January ZOOS: - Expansion of the basement to a full basement under the main house. No additional light-wells, or stairs were added. No visual impact from above ground. - A rotation and relocation of the pool cabana - Revised front, rear, and side elevation-drawings of the house. After reviewing the plans I do NOT have any issues or concerns with the above proposed changes. ^ I have reviewed the plans and understand the scope of work. I have issues or concerns which after discussion with the applicant have not been addressed. My concerns are the . following (please attach additional sheets if necessaryj. I (~L~ Neighbor Name: S-~~I~,~,, !'TZY~~ Neighbor Address: `3~ 5~ P~.e~c.~ t~l Neighbor phone #: ~KT`6 " ~6 ? - ~ ? 4 ~' Primed Name: S~-e~~r, 1'~ThC~r~O V~- Signature: - " The Saratoga Planning Commissio~t requires applicants to work with their neighbors to address issues and co~rcerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon ~teighbors who fail to voice their concerns and issues when solicited by applicants prior to the public heari~rg. Sta, f)`'and Plarming Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly. to the applicant. Please ensure the signature on this document is representatrve of all residents residing nn yrnrr property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. C7 ~o .. , .. ,- Date: I 1 ~ Project Addres :13071 Pierce Rd Applicant Name: Ken and Robin Koenig I have seen and understand the following proposed modifications of the plans approved in January 2005: - Expansion of the basement to a full basement under the main house. No additional light-wells, or stairs were added. No visual impact from above ground. - A rotation and relocation of the pool cabana - Revised front, rear, and side elevation drawings of the house. ®' After reviewing the plans 1 do NO7' have any issues or concerns with the above proposed changes. . ^ I have reviewed the plans and understand the scope of work. I have issues or concerns which after discussion with the applicant have not been addressed. My concerns are the following (please attach additional sheets if necessary). Neighbor Name: /G~~ r ~?~-~- t~C~d"~~~ Neighbor Address: / 3 D t~ ~~ ~i ~~~~ Neighbor phone #: ~1d~ ~ 7 - %/> f~" 3 Printed Name: Signature: The Saratoga P1crmling Comi~ssion requires applicants to-work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Pkn:Wing Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing Staff and Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. 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' I i ~1yt1: :"?J; I PGA, a ~'~ B.tlS ~8~ ~ad'.9c - r • Pa,~ otFO' _ ` r:~: a- - 'SPA ... I ~ova:~.~D I , I . i ~ s - ca ~ ~ ' ~ ~ I - __•_-_ - • _ - .Z A LI A .p _ e~,,, K K X X X % x x x K .. . \ 1 ~ I. ,y 3 3 3 B 4 Y 3 x ~ \ ~`- _ ~ ~ ~ ~\ ~ ~~.. .,., r : ~ ~ ~ - -.- 1 ~ I I fl 11"~7:~'j i ~ e _ _ '`} , _ _ - ,` I _ _ _ _ rl'' 4 •.4 ~ i 1 I v~.... ~.. .~ ~ }'1_4.1.1: 1• L. Qe- , ~ L •. I . I I • ` `[ I'\` ~ '{",11- I I _f~i..t~{~i i, v~j.'_~-tc'r~ I-J j -1.. I -I"r`t i. 1 I t . r'~_: -J •. •! F, 1~ : _~.I_.. ~~j. L.i.~i.. I '., 1 t L..i-.., .i t ~ i I : LI - ~ , ''i i :'1.. 1.1 . :'I ;..:: - ~-I': _ (;,. ; ~-I'J',-I : Li.• o--1.111 . r+.: I ~.~- ~ . h I l.i' . I ' j ~-j }- ; ~~; ;:t_T :~ 1~:~t` ~ ~;.~,., ~1~;~"r•~ t.~_,, _•j.,'FI.•I '~li~ ~y:ri. t.,~• _ il,lj• (.yi.,_.I, .1., - -; j. I, ~ _ \~~~__.,',~,: }i.:i `i j' I r+,-'--';~-I'`~C,~ F~ ;, ,~1 I~ i:~:'~-11~1s:- _ If( ~ : I_._ ~ `? ~ ~_r,_...;..;. ~ "t' moll ii~li 1. I yQ.., .. r1 I .i~. I~`1~~'. I~~~~-t ii' i ii: 'I `~'~l~f t~.. ''I.. i , j ~_ ~ , . I - ;;~~.'''J-~~j ~ .-~ ~l,`' i': ~ - 1 ~\, . i \ ' i._ ; :1,~.... "y-+1-+a. i ~`~" ~ .. L: ~g qx ~~ ®~ ~~ - ~ ~~~~~g Item 3 ~ REPORT TO THE PLANNING COMMISSION Application No./Location: 04-379; 20840 4t1i Street Type of Application: Design Review -Continued from the 7/27/05 Planning Commission Public Hearing • Owner/Applicant: Kiet Tran and Khanh Vu, Property Owners Staff Planner: Lata Vasudevan AICP, Associate Planner Meeting Date: November 23, 2005 APN: 503-26-009 Department Head: ~~ -{. ' ~\ j1 uFlrar~won_ ~ ~ ~\ ~~, i 1 t -~ J~ _ t _L ~' F`` ~,~`' 7 v /~ i , r_~ , ~ .~ / :' i (iBi~QliDR // r t ~ a ~ \\ --_:: ~ i ~ l- ~V `1---- ~'-% i ~ V ~~ 1 ' ~~~~wronvw~ ~ar,r._a~.cH ~ i ,~' ~~i~~ ., , ~~W\, n I J :~ __~---= i i ~II '- ~7, ~ ,%~` .. , RdJt~t ~rcNE~ i ` ' ~W E \ ~ ~ $It8 / \,.\ _ WY ` tar . ,i' ~ 500ftBuffaZane 0 /.// t+~ :~ .'~~~ ~'~~'' StfOEt WrtES ~ -_J - ~xr~cr ~.r ~„~C i~~~ ~°~ ~~ 8 ~~~ ~ ~~~~ 'i i ParceS within 500 ft ' i ~ 7 `r;- 1 , ~'h \; ' % ~~ ~ ~ ~ " ~~. `r _i Parcels ~ ~ ~~ ~ ~~~ ~ ;', ~;, \ t` f.Y~/ ^"\\ ,~/ ~~ 'o° ,, _ ., `~ r ~ ~ \ .~ ~p'r,esaiG.tafus ; ~\stTM al ,•' :, 20840 4th Street • EXECUTIVE SUMMARY CASE HISTORY: Application filed: Application complete: Revisions submitted Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION: 12/06/04 06/20/05 08/29/05 11/09/05 11/10/OS 11/10/OS The applicant requests design review approval to construct atwo-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot basement is proposed. The maximum height of the proposed residence is 22 feet 8 inches. The gross lot size is 5,177 square feet and the site is zoned R-1 10,000. This item was continued at the July 27, 2005 Planning Commission meeting to allow the applicant to revise the plans to address concerns raised by the neighbors. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the design review application 04-379 with conditions by adopting the attached Resolution of Approval. • • STAFF ANALYSIS ZONING: R-1-10,000 GENERAL PLAN DESIGNATION: (Residential Medium Density) 4.35 Max Dwelling Units per Acre MEASURE G: Not Applicable PARCEL SIZE: 5,177 square feet (gross) SLOPE: Level Lot GRADING REQUIRED: Not Applicable ENVIRONMENTAL DETERMINATION: The proposed project including the construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. MATERIALS AND COLORS: The materials and colors include alight-brown concrete the roof and light-brown horizontal wood siding. Shingles are proposed in the gable ends of the second-story dormers on the facade. Cultured stone veneer is proposed along the base of the facade in drystack ledgestone. The window style is to be divided lights in the top sash. A "materials and color board" is on file with the Community Development Deparhnent and will be presented at the site visits and public hearing. _ PROJECT DATA: Proposal Code Requirements Lot 44.6% Maximum Allowable 60% Coverage: Main Floor Plan 1,590 sq. ft. Steps/Lightwell 113.48 sq. ft. Driveway and walkway 606.12 sq. ft. TOTAL 2,310.54 sq. ft. 3,106.2 sq. ft. Floor Area: Maximum Allowable First Floor 1,590.64 sq. ft. Second Floor 858.76 sq. ft. Total 2,449.4 sq. ft. Basement (1,454 sq. ft.) 2,560 sq. ft. Minimum Requirement Setbacks: Front Lot Line 25 ft. 2 in. 25 ft. Right Side (West) 1 S` story 6 ft. 2 in. 6 ft. 2°a story 11 ft. 2 in. i 1 ft. Left Side (East) 1 S` story 6 ft. 2 in. 6 ft. 2"a Story 11 ft. 1 in. 11 ft. (This property does not have a rear lot line) Height: Maximum Allowable Highest point 180.39 Lowest point 178.88 Average point .179.64 ~I Topmost point 202.31 Maximum height 22 ft. 8 in. 26 ft. ,~ 3 PROJECT DISCUSSION The applicant requests design review approval to construct atwo-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot basement is proposed. The maximum height of the proposed residence is 22 feet 8 inches. The gross lot size is 5,177 square feet and the site is zoned R-1-10,000. This item was continued at the July 27, 2005 Planning Commission meeting to allow the applicant to revise the plans to address concerns raised by neighbors. The proposed residence is similar to a Craftsman style home. Identifying architectural features of the proposed residence include an entry porch with tapered square columns and stone bases. A carriage style garage door is proposed with divided lights. Architectural details such as decorative or false beams or braces are visible under the gable ends on the facade. The roof rafters are exposed. The facade is accentuated with shutters, gable dormers, shingled gable ends, and a window flower box. Elevations are softened using different materials. Materials are used that create horizontal proportions. Areas of maximum height are minimized with interior ceiling heights of 8-9 feet. The roofline is vaned in height and form. Large wall expanses and attic spaces are avoided. • Revisions Revisions in response to the PC meeting held July 27, 2005 include the following: • The rear building line for the first floor and basement was reduced by 5 feet 4 inches. This is done to minimize bulk and give Mr. Schulz's property, located at 15001 Springer Avenue, more privacy. • The width of the second floor front facade was reduced by 2 feet. This reduction is proposed to minimize the bulk of the second floor and minimize the obstruction of the view from Mrs. Esperanza Garcia's property, located across the street at 20845 Fourth Street. • The size of the windows in the front bedrooms at second floor level were reduced in size fo accommodate Mrs. Garcia's concerns for privacy. • Maximum height of the home was reduced by 1 foot 4 inches. • Three windows were removed on the proposed rear facade to allow more light and privacy for the Kraule property and more privacy to the Schulz property. • Trees Two ordinance-sized trees are discussed in the arborist report. One is located in the rear yard (tree #2) and the other is located on the neighboring property (tree #1). Tree #1, a coast live oak, will be adequately protected by the recommendations presenting in the arborist report being carefully followed and incorporated into the construction plans. Tree #2, a Hollywood Juniper will be severely impacted and is approved by the arborist for the removal. Replacement trees are required for the Juniper. The six proposed Carolina Cherry trees satisfy the replacement requirements. Neighbor Notification As discussed in the prior public hearing, Staff has received written comments in opposition to the proposed project. In relation to the project site, the concerned neighbors live: 1) across the street at 20845 4th Street (Garcia) and adjacent to the right/west of the project site at 20850 4th Street (Kraule). While views, privacy, and sunlight are issues to consider with this proposal, staff has concluded that the revised design does avoid "unreasonable interference" on views and privacy as required by the design review findings for approval. Nonetheless, staff did receive two letters from the Kraules subsequent to the prior public hearing, which are attached for reference. • Staff has not received any comments from the Garcias as of the writing of this report. • Design Review Findings Staff finds the proposed project supports the findings for design review as discussed below: (a) Avoid unreasonable interference with views and privacy. There are ample locations along the streetscape and from adjacent properties where views of both the hillside and ridgeline are maintained. The impacts are not unreasonable for the property across the street because the views are not significantly impacted from the majority of locations on the property. The project has been designed to minimize the privacy impacts to the adjacent property to the west. Features to mitigate privacy concerns include minimal building height for a two-story structure, obscure windows on the second-story with the exception of the rear window and proposed planting of six 15-gallon Carolina Cherry trees for landscape buffering. (b) Preserve Natural Landscape. The project vicinity is characterized by smaller-sized parcels, the majority of which range from 7,500 sq. ft. to 10,000 sq. ft. Higher density condominiums are located in the vicinity of the site, which is within walking distance to downtown Big Basin Way. As such, there is very little natural landscape -for preservation since this area is urbanized. (c) Preserve Native and Heritage Trees. No native or heritage trees aze proposed for removal. Anon-native ordinance-sized tree (Juniper) is proposed for removal. (d) Minimize perception of excessive bul/~ Areas of maximum height are minimized with interior ceiling heights of 8-9 feet. Elevations aze softened using different materials including shingles and horizontal siding. The proposed horizontal siding minimizes the perception of height. The roofline is varied in height and form. Lazge wall expanses are avoided and large attic spaces aze avoided. The facade is accentuated with shutters, gable dormers, shingled gable ends, and a window flower box. (e) Compatible bulk and height. The project vicinity is a mixture of one and two-story residences. The second-story is stepped back from the first story building lines and the hipped rooflines minimize bulk to blend with the scale of the neighborhood. (~ Current grading and erosion control methods. The proposal will conform to the City's current grading and erosion control methods. (~ 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 minimizing bulk as detailed in the findings above and this staff report. • Conclusion Staff finds that all of the Design Review findings can be made in the affirmative. STAFF RECOMMENDATION Staff recommends the Planning Commission conditionally approve design review application 04-379 by adopting the attached Resolution of Approval. ATTACHMENTS: 1. Resolution of Approval. 2. Arborist Report, dated March 23, 2005. 3. Affidavit of mailing notices, public hearing notice, and mailing labels for project notification. 4. Letter dated August 8 and November 7, 2005 from the Kraules. S. Minutes from prior Public Hearing (excerpt) 6. Reduced Plans, Exhibit "A." • • Attachment 1 APPROVAL OF RESOLUTION NO. Application No. 04-379 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Tran/Vu; 20840 4~ Street WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct atwo-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two- story residence and garage is 2,449.4 square 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, which proposes to construct a new single family residence, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home in an urbanized area; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 and the City's Residential Design Handbook have been determined: NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: (a) Avoid unreasonable interference with views and privacy. There are ample locations along the streetscape and from adjacent properties where views of both the hillside and ridgeline are maintained. The impacts -are not unreasonable for the property across the street because the views are not significantly impacted from the majority of locations on the property. The project has been designed to minimize the privacy impacts to the adjacent property to the west. Features to mitigate privacy concerns include minimal building height for a two-story structure, obscure windows on the second-story with the exception of the rear window and proposed planting of six 15-gallon Carolina Cherry trees for landscape buffering. (b) Preserve Natural Landscape. The project vicinity is characterized by smaller-sized parcels, the majority of which range from 7,500 sq. ft. to 10,000 sq. ft. Higher density condominiums are located in the vicinity of the site, which is within walking distance to downtown Big Basin Way. As such, there is very little natural landscape for preservation since this area is urbanized. • b (c) Preserve Native and Heritage Trees No native or heritage trees are proposed for removal. Anon-native ordinance-sized tree (Juniper) is proposed for removal. (d) Minimizeperception ofexcessive bulk. Areas of maximum height are minimized with interior ceiling heights of 8-9 feet. Elevations are softened using different materials including shingles and horizontal siding. The proposed horizontal siding minimizes the perception of height. The roofline is varied in height and form. Large wall expanses are avoided and large attic spaces are avoided. The facade is accentuated with shutters, gable dormers, shingled gable ends, and a window flower box. (e) Compatible bulk and height. The project vicinity is a mixture of one and two- story residences. The second-story is stepped back from the first story building lines and the hipped rooflines minimize bulk to blend with the scale of the neighborhood. (~ Current grading and erosion control methods The proposal will conform to the City's current grading and erosion control methods. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of avoiding unreasonable interference with privacy and views and minimizing bulk as detailed in the findings above and this staff report. Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04-379 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 and date stamped November 15, 2005. 2. Four sets of complete construction plans incorporating this Resolution and the Arborist Report, dated March 23, 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. A landscape bond may be submitted along with the applicable filing-fee in lieu of this requirement. 4. All changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. L` I 5. 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." 6. A grading and drainage plan combined with a storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. 7. The applicant or his designated representative shall apply for and secure a grading permit if deemed necessary. 8. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 9. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hadscaped area. 10. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, clunate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 11. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 12. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. 13. 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 $500. CITY ARBORIST 14. All recommendations contained in the Ciry Arborist Report dated March 23, 2005 shall be followed. 15. 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. 16. Prior to issuance of City Permits, the applicant shall submit to the Ciry, in a form acceptable to the Community Development Director, security equivalent to $16,800 pursuant to the March 23, 2005 Arborist Report the value of all retained trees to guarantee their maintenance and preservation. ~~ 17. All proposed landscaping and approved fencing shall be installed prior to Final Building Inspection approval. 18. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. 18. 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 $500. PUBLIC WORKS 19. An encroachment permit shall be obtained for any improvements in the City right- of-way prior to commencement of construction. GEOTECHNICAL CLEARANCE 20. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for the building foundation and driveway) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. 21. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter(s) and submitted to the City Engineer for review prior to issuance of permits. 22. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, and foundation construction prior to placement of fill, steel and concrete. 23. The results of these inspections and the as-built conditions of the project shall be described by the geologic and geotechnical consultants in a letter(s) and submitted to the City Engineer for review and approval prior to Final Project Approval. 24. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to issuance of a building permit. FIRE DEPARTMENT 25. The applicant shall comply with all Fire Department conditions. ~~. CITY ATTORNEY 26. 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 PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 23~ day of November by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Conunission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date ~~ • Attachment 2 • /~ _ - ~ ARBOR RESOURCES ' ~ Professional Arboricultural Consulting & Tree Care A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 20840 FOURTH STREET SARATOGA, CALIFORNIA OWNER'S NAME: Tran APN #: 503-26-009 Submitted to: Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A • March 23, 2005 P.O. Box 25295; San Mateo; California 94402 • Email: arborresources@earthlink.net . Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 David L. Babby, Registered Consulting Arborist March 23, 2005 INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with the proposed new residence at 20840 Fourth Street, Saratoga. This report presents my findings and recommendations. Plans reviewed for this report include Sheets A-0 thru A-10 (by Memarie Associates., Inc., dated 9/04 and 10/04) and Sheets T-1 and C-1 (by SMP Engineering, dated 11 /04). The trees' locations, numbers and canopy dimensions are presented on an attached copy of Sheet C-1 (Preliminary Grading and Drainage). FINDINGS There are two trees of Ordinance-size in proximity to the proposed project. They include one Coast Live Oak (#1) situated on the neighboring eastern property and one Hollywood Juniper (#2) in the backyard of the existing residence. Specific data compiled for both trees is presented on the attached table. Tree #2 would be severely impacted by implementation of the proposed design and is shown on Sheet A-2 to be removed. Mitigation should include the installation of one native tree of 36-inch box size. Tree #1 will be adequately protected by the recommendations presented in the next section being carefully followed and incorporated into construction plans. The tree protection bond required for this project is $16,8001 and considers the removal of tree #2 and protection of #1. RECOMMENDATIONS Tree protective fencing shall be established precisely as shown on the attached map and installed prior to any grading, surface scraping, construction or heavy equipment arriving on site. It shall be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter galvanized posts, driven 18 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction and landscaping process. The relocation or removal of fencing shall be approved by the City before doing so. 2. Unless specifically approved, all site development activities must be conducted outside the designated fenced areas (even after fencing is removed). These activities include, but are not limited to, the following: grading, surface scraping, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and"parking. ~ This value was calculated in accordance with the Guide for Plant Appraisal, 9`h Edition, published by the International Society of Arboricultwe, 2000. • Tran Property, 20840 Fourth Street, Saratoga Page 1 of 2 City of Saratoga Community Development Department David L. Babby, Registered Consulting Arborist March 23, 2005 • 3. Temporary or permanent drainage features must be designed so water is not discharged beneath tree #1's canopy. 4. If a new water line is installed and connected with the existing water meter shown beneath tree #1's canopy, the direction of the line should be radial to the tree's trunk. All digging with 20 feet of the trunk shall be manually performed using shovels. Roots of two inches and greater in diameter that are encountered during the process shall remain intact and tunneled beneath. 5. Trenching for utilities, services or drainage should be designed and installed outside from beneath tree #1's canopy. Where this is not possible, I should be consulted. 6. Irrigation trenching beneath tree #1's canopy must be installed in a radial direction to its trunk and be comprised of a drip-type system. Plant material should be drought- tolerant and compatible for planting beneath Oaks; contact the California Oaks Foundation at www. cal iforniaoaks. org for a list of suitable plants. 7. Bender board or other edging material installed beneath the canopy must be established on top of existing soil grade. 8. Upon availability, plans showing new underground utilities, services and landscaping (both planting and irrigation) should be reviewed for tree impacts. • 9. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. In addition, fuel should not be stored nor shall any refueling or maintenance of equipment occur within 100 feet of the trees' trunks (unless on the street or parking lot). 10. Herbicides should not be applied beneath the canopies of retained trees. Where used on site, they must be labeled for safe use near trees. 11. Any tree pruning or removals must be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to ISA standards. Information regarding Certified Arborists in the area can be obtained at http://www.isa- arbor. com. 12. The removal of tree #2 should be mitigated by one tree of 36-inch box size being installed on site. Acceptable replacement species include Quercus agrifolia, Quercus lobata, Quercus kelloggii, Quercus douglasii, Quercus dumosa, Acer macrophyllum, Aesculus californica, Pseudotsuga menziesii -and Sequoia sempervirens. The new tree's proposed species, location and size be shown on the landscape plans and be at least 15 feet outside from beneath tree #1's canopy. It must be installed prior to final inspection and, as necessary for support, be double-staked with rubber tree ties. Automatic irrigation must supplied and be of a drip-type system placed on grade. • Attachments: Tree Inventory Table Site Map (a copy of Sheet C-1) Tran Property, 20840 Fourth Street, Saratoga Page 2 of 2 City of Saratoga Community Development Department _ l - ARBOR RESOURCES ' Professional Arboricultural Consulting & Tree Care - TREE INVENTORY TABLE - ,-. ,-, ~ ~ o o ~ ,., .. 3 3 ~ 3 ~~ q ~ ~ :5 ~ ~b fib a. ~o A ~ ~ b ~ C ~ U G4 ~ ~. U :~' m ~ ~ '" ~ o Ac7 ~ ~ o ~ b fob ~ ~ ~ ~~ ~ ~ `~~ TREE a 'ai . ~ ~ o ~' OO ~ a °~ v r; ~ ..: ° $ NO:. TREE NAME . ~ ~, x v x ~ vs ~ O ~ ~ A ..: ~ a 1-~ Coast Live Oak 1 (Quercus agrifolia 28 35 40 100% 75% Good High 3 X $16,800 Hollywood Juniper 1 I I I I o f o f I I I _ I ~ I I 2 (Junipetus c 'Torulosa) 14 40 30 50% 75/o Fair Moderate 1 $1,060 • REPLACEMENT TREE VALUES 15-gallon = 5120 24-inch box =5420 36-inch box = 51,320 48-inch box = Ss,00 Site: 20810 Foarth Street, Saratoga Prepared for. City of Saratoga Community Development Depart Prepared by: David L i4abby, RCA s2-inch ~ = S~,ooo n-inch >~ = Sls,ooo • March 23, 2003 _. J ,. ~ ~~/ N ~ W ' ~ 00 • 3~ ~~ z .~ ~~ mil- ~s. ~ ~ 13 ., ~ ~ ~ •"• r• \ ~ a • ez ~~ ~ 1 N ~N ~ • ~ ~ ~ ~~ ~ ~ °° o00 ~ • U ~ n o~ . FFN~ ` • ~ W ~ ' N Z o_ F~, ~ ~ ~~ ~ I (n ~ 00 O ~ }~ ~ ~ ~ ~ ~ ~ ~ T ~ ~ ~ N O ~ ~ ~ ~ r Z ~~ ZOO 1~ ~ UF-W ~+ D ~ m~Z ? aJ¢ \ M ~ O Q , .0~ Z~ U O D D .J to '~ ^ ~~ U ~ - to 300 ~ ' 00 ~ ~ ~ ~,- .- i • X 03 p ~ 00 0_ Z ~ ~ , ,~ Z m •6 Q N ~ W vi Z Q g z o 0 ~ o a z ~ zw ~ o ~ w ao o }- ?- - ~ Z ~_' ~ w ~ Z J a ~ - a ~ Z w 0 0 ~ ~ p Z ~ Q O ~ O a ~ .. _ ~- Q ~ J Z > L-J ~~ ~ c_ w ~~6 w F- /~- • Attachment 3 - I~ AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~ ~Gl, 1~ ~ ~ ,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 r~ Planning Commission on the ~ day of /~ > 2005, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown to-wit: (See list attached hereto and made part hereof J • 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. ~ /` Si~fied 4 Q 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 23rd 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 #04-379 (503-26-009) TRAN, 20840 Fourth Street; -The applicant requests design review approval to construct atwo-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot basement is proposed. The maximum height of the proposed residence is 23 feet. The gross lot size is 5,177 square feet and the site is zoned R-110,000. This item was continued from the July 27, • 2005 Planning Commission 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 maybe 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. Lata Vasudevan, AICP Associate Planner lvasudevan@saratoga.ca.us 408 868-1235 C7 ~I 503630.01 GATEHOUSE CONDOMINUM HOMEOWNERS ASSN THE 10 4TH ST UNIT 1 ~iATOGA CA 5036300195070- 50363004 KAMIAK SANDRA TRUSTEE 20810 4TH ST UNIT 4 SARATOGA CA 5036300495070- 5844 50363007 SCHWENDINGER RICHARD L AND PATRICIA A P.O. BOX 266 SARATOGA CA 5036300795071 50363010 DEMARTINIS STANLEY A AND MIRIAM L TRUSTEE 21315 SARATOGA HILLS RD SARATOGA CA 5036301095070- 50363013 JAKOB ROBERT M PO BOX 6214 SAN JOSE CA 5036301395150- 4 3016 TIGHE BRIAN B TRUSTEE & ET AL 337 JUNIPERO PLAZA SANTA BARBARA CA 50363019 SANFORD PETER L TRUSTEE 109 LIMESTONE LN SANTA CRUZ CA 5036301995060 50363022 BARRIE-SODERSTROM KATHLEEN C 12908 PIERCE RD SARATOGA CA 5036302295070- 50363025 BRENNOCK THOMAS M AND PAULA A 20812 4TH ST UNIT 23 SARATOGA CA 5036302595070- 5 63028 Y JAMES AND NORMA STEE 13959 TRINITY CT SARATOGA CA 5036302895070- 50363002 TRAVIS WARD C 20810 4TH ST UNIT 2 SARATOGA CA 5036300295070- 5844 50363005 POKRESS WAYNE R AND SUSAN K 20812 4TH ST UNIT 1 SARATOGA CA 5036300595070- 50363008 MURPHY CAMERON AND TINA 20812 4TH ST UNIT 4 SARATOGA CA 5036300895070- 5845 50363011 GRISWOLD LAURA J 20812 4TH ST UNIT 7 SARATOGA CA 5036301195070- 5846 50363014 TIGHE BRIAN R AND ANITALYNN M TRUSTEE 6374 CANDLEWOOD CT CUPERTINO CA 5036301495014- 50363017 GLANTZ WILLIAM J AND JENNIFER C ET AL 20812 4TH ST UNIT 15 SARATOGA CA 5036301795070- 50363020 DORSA DANIEL A JR TRUSTEE & ET AL 20812 4TH ST UNIT 16 SARATOGA CA 5036302095070- 50363023 BODEN MIKE J AND LINDA L 20812 4TH ST UNIT 21 SARATOGA CA 5036302395070- 5848 50363026 YEN KIRK K AND PI-CHENG C 20812 4TH ST UNIT 22 SARATOGA CA 5036302695070- 5848 50363029 EAKLE STEPHEN S 20760 4TH ST UNIT 11 SARATOGA CA 5036302995070- 5851 50363003 MCGRATH ANN F TRUSTEE 20810 4TH ST UNIT 3 SARATOGA CA 5036300395070- 5844 50363006 WARREN KATHRYN B ET AL 501 CLIFFSIDE CT PT RICHMOND CA 5036300694801 50363009 COCHRANE ELSIE M 800 BLOSSOM HILL RD UNIT 72 LOS GATOS CA 5036300995032 50363012 ROGERS WILLIAM AND DIANA 20812 4TH ST UNIT 8 SARATOGA CA 5036301295070- 5846 50363015 JENG CHYI RONG AND ZEUU CHYI 15214 BELLE CT SARATOGA CA 5036301595070 50363018 SHON CHANG SUN AND SANG S 20812 4TH ST UNIT 14 SARATOGA CA 5036301895070- 50363021 ZARECKY GARY L AND DIANE 20812 4TH ST UNIT 19 SARATOGA CA 5036302195070- 5847 50363024 WHEELER LORR.AINE A 20812 4TH ST UNIT 20 SARATOGA CA 5036302495070- 5848 50363027 THANAWALA ASHISH A AND SINHA SHEFALI 20812 4TH ST UNIT 25 SARATOGA CA 5036302795070- 50363030 HERMAN THEODORE C TRUSTEE 20760 4TH ST UNIT 12 SARATOGA CA 5036303095070- ~~ 50363031 BRASH LAURA 20760 4TH ST UNIT 9 SARATOGA CA 5036303195070- 5851 50363034 ANDERSON RONALD A 20760 4TH ST UNIT 8 SARATOGA CA 5036303495070- 5851 50363037 CRUZ VERONICA TRUSTEE 20760 4TH ST UNIT 3 SARATOGA CA 5036303795070- 5850 50363040 RUSIN ANNE S ET AL 20760 4TH ST UNIT 2 SARATOGA CA 5036304095070- 5850 50363043 ROESSLER CYNTHIA A 20740 4TH ST UNIT 9 SARATOGA CA 5036304395070- 5853 50363046 FRADIN DAVID M 20740 4TH ST UNIT 8 SARATOGA CA 5036304695070- 5853 50363049 LAWSON RONALD G AND LINDA E 20740 4TH ST UNIT 3 SARATOGA CA 5036304995070- 50363052 ANTABLIAN AREVIG 20740 4TH ST UNIT 2 SARATOGA CA 5036305295070- 5852 50363055 BARRERA DAVID R 20720 4TH ST UNIT 15 SARATOGA CA 5036305595070- 5855 50363058 BORJA SALVADOR 230 LILLE LN UNIT 214 NEWPORT BEACH CA 5036305892663-2665 50363032 NG FLORA 21285 SARATOGA HILLS RD SARATOGA CA 5036303295070- 5375 50363035 EGGLESTON ROGER B AND ROSALEE 12487 ARROYO DE ARGUELLO SARATOGA CA 5036303595070- 50363038 CZWORNIAK KENNETH J 20760 4TH ST UNIT 4 SARATOGA CA 5036303895070- 5850 50363041 LYU CHUNG-NAN AND LU MAY 19782 BRAEMAR DR SARATOGA CA 5036304195070- 50363044 BINDER LESLIE A 20740 4TH ST UNIT 10 SARATOGA CA 5036304495070- 5853 50363047 STEARNS JAY M 20740 4TH ST UNIT 5 SARATOGA CA 5036304795070- 5852 50363050 VELTON VICTOR AND REGINA TRUSTEE 4662 BLUERIDGE DR SAN JOSE CA 5036305095129 50363053 MAURER FREDERICK J 20720 4TH ST UNIT 17 SARATOGA CA 5036305395070- 5895 50363056 BARRIE KATHLEEN C 12908 PIERCE RD SARATOGA CA 5036305695070- 3714 50363059 PETAN FLORENCE 20720 4TH ST UNIT 9 SARATOGA CA 5036305995070- 5855 50363033 SCHRANZ VICTOR AND - KRISTALY ERIKA G 20760 4TH ST UNIT 7 SARATOGA CA 5036303395 50363036 WOOTTEN LAURA L 20760 4TH ST UNIT 6 SARATOGA CA 5036303695070- 5850 50363039 SILBERSTEIN J H AND LILLIAN TRUSTEE 20760 4TH ST UNIT 1 SARATOGA CA 5036303995070- 50363042 BOBORICKEN STEPHEN AND ANNE 1140 W LATIMER CAMPBELL CA 5036304295008- 50363045 FALCONE VIRGINIA M TRUSTEE & ET AL 520 VISTA DEL MAR APTOS CA 5036304595003 50363048 , KOOT ROSE S 20700 4TH ST UNIT 6 SARATOGA CA 5036304895070- 5843 ' 50363051 CINGOLANI GEORGE AND BEVERLY 20740 4TH ST UNIT 1 SARATOGA CA 5036305195070- 50363054 BLACK JOHN P AND CHRISTINA D 20720 4TH ST UNIT 16 SARATOGA CA 5036305495070- 50363057 PARK JIN W AND MIN K 20720 4TH ST UNIT 11 SARATOGA CA 5036305795070- 5855 50363060 TAI HSUEH H ET AL • 20720 4TH ST UNIT 10. SARATOGA CA 5036306095070- 5855 ~~ 50363061 WILLIA~'VIS SHELLIE S JR TRUSTEE ~Q51 BROOK RIDGE DR SATOGA CA 503630619807.0 50363064 WALSH T F TRUSTEE 12759 PLYMOUTH DR SARATOGA CA 5036306495070- 3936 50363067 BANG HUNG SUK AND EUN JA 20720 4TH ST UNIT 1 SARATOGA CA 5036306795070- 5854 50363070 DAVIS LESLIE 20700 4TH ST UNIT 12 SARATOGA CA 5036307095070- 5803 50363073 CHANG WAYNE .C AND SU-TI L TRUSTEE 419 GALLERIA DR UNIT 6 JOSE CA 5036307395134- ~3076 LIANIDES MARK C TRUSTEE 20700 4TH ST UNIT 6 SARATOGA CA 5036307695070- 5843 50363079 CHIAVETTA GARY G AND MADELINE S TRUSTEE 19548 CHARDONNAY UNIT CT SARATOGA CA 5036307995070 50363082 KAO MABEL TRUSTEE 20800 4TH ST UNIT 12 SARATOGA CA 5036308295070- 5861 50363085 MCCURDY HELEN C TRUSTEE 617 RIVERVIEW DR CAPITOLA CA 5036308595010 63088 KA JOSEPH A AND DRED I TRUSTEE 20800 4TH ST UNIT 6 SARATOGA CA 5036308895070- 50363062 KIRK GEORGE E AND NANCY G TRUSTEE 20270 LA PALOMA AV SARATOGA CA 5036306295070- 50363065 JACKSON DEBRA D 20720 4TH ST UNIT 3 SARATOGA CA 5036306595070- 5854 50363068 FORTE KATHERINE A 20720 4TH ST UNIT 2 SARATOGA CA 5036306895070- 5854 50363071 KELLY NOVELLE V TRUSTEE 20700 4TH ST UNIT 9 SARATOGA CA 5036307195070- 5803 50363074 ARCHER MICHAEL E AND GAYLE L TRUSTEE P O BOX 7367 INCLINE VILLAGE NV 50363077 ~ - ~ - - -- _- LEPIANE SYLVAN E 15890 SHANNON RD LOS GATOS CA 5036307795032- 5729 50363080 GASIK KATHRYN TRUSTEE 159 OLD ADOBE RD LOS GATOS CA 5036308095032 50363083 LAWSON LINDA AND RONALD 14090 ELVIRA ST SARATOGA CA 5036308395070- 5815 50363086 DUNCANSON ROBERT A AND YVONNE L TRUSTEE 20800 4TH ST UNIT 8 SARATOGA CA 5036308695070- 50363089 LONG JOSEPH P JR AND SUSAN D P O BOX 2095 SARATOGA CA 5036308995070- 50363063 FALCONS MARK C AND CYNTHIA A TRUSTEE 1388 POE LN SAN JOSE CA 5036306395130- 50363066 STRAW RICHARD E AND BARBARA L 20720 4TH ST UNIT 4 SARATOGA CA 5036306695070- 50363069 STAATS EILEEN A _ 14510 A BIG BASIN WY UNIT 228 SARATOGA CA 5036306995070- 50363072 WEISKAL NATALIE J 20700 4TH ST UNIT 10 SARATOGA CA 5036307295070- 5803 50363075 LEUNG DENNIS C AND GRACE 20700 4TH ST UNIT 5 SARATOGA CA 5036307595070- 5843 50363078 GOLDMAN JOAN C 1624 LYLE DR SAN JOSE CA 5036307895129- 4810 50363081 ZANGER CARL F AND BETTY J TRUSTEE 10229 ADRIANA AV CUPERTINO CA 5036308195014- 50363084 GILLEN LAWRENCE S AND LAURA N 6025 FOOTHILL GLEN DR SAN JOSE CA 5036308495123- 50363087 TSAY CHEN-HUI AND LI MEI- CHUNG 3821 THOMPSON CREEK CT SAN JOSE CA 5036308795135- 50363090 HU MIN HUEI 20800 4TH ST UNIT 4 SARATOGA CA 5036309095070- 5897 - ~~ 5.0363091 AI.VORD FRED L AND DORINE 13782 CALLE TACUBA SARATOGA CA 5036309195070- 4921 50363094 ARCHER MICHAEL E AND GAYLE L TRUSTEE P O BOX 7367 INCLINE VILLAGE NV 50363097. PAOLI JENNIFER L ET AL 16280 LOS SERENOS ROBLES MONTE SERENO CA 5036309795030 50363100 MANZAGOL DONALD S AND KATHLEEN M TRUSTEE 23362 WAYFARER CT AUBURN CA 5036310095602 50363103 LINDBERG VERDA M TRUSTEE 20780 4TH ST UNIT 9 SARATOGA CA 5036310395070- 5801 50363106 RHEE PETER H 1150 SCOTT BL STE D2 SANTA CLARA CA 5036310695050 50363109 BADER RICHARD F AND PATRICIA J 27720 MICHAELS DR SARATOGA CA 5036310995070 50363112 WARREN KATHRYN B ET AL 501 CLIFFSIDE CT PT RICHMOND CA 5036311294801 50363092 FLENNIKEN MATHEW T AND MILLER VALARY A 20800 4TH ST UNIT 2 SARATOGA CA 5036309295070- 50363095 DUMONT DENNIS 20790 4TH ST UNIT 5 SARATOGA CA 5036309595070- 5802 50363098 GANZHORN HARRY E AND ELSBETH R TRUSTEE 15943 VIEWFIELD RD MONTE SERENO CA 50363101 TU MIKE M AND SHANLI HU 20780 4TH ST UNIT 11 SARATOGA CA 5036310195070- 5801 50363104 MEDEIROS ANNA K TRUSTEE 20780 4TH ST UNIT 10 SARATOGA CA 5036310495070 50363107 GALE KATHLEEN M TRUSTEE 3720 CAPITOLA RD SANTA CRUZ CA 5036310795062 50363110 JIMENEZ NATALIA 20780 4TH ST UNIT 4 SARATOGA CA 5036311095070- 5849 50363093 DIERKES CARL L TRUSTEE • PO BOX 495 SARATOGA CA 503630939507j~ 0495 50363096 ARCHER MICHAEL E AND GAYLE L TRUSTEE P O BOX 7367 INCLINE VILLAGE NV 50363099 T1NG SAI LUEN AND YE SHAO YING 20790 4TH ST UNIT 1 SARATOGA CA 5036309995070- 50363102 SUNDERLAND MICHAELJ TRUSTEE 380 BRANHAM LN UNIT 206 SAN JOSE CA 5036310295136 50363105 ZAK CHRISTINE M 20780 4TH ST UNIT 7 SARATOGA CA 5036310595070- 5849 50363108 CARATOZZOLO JAMES R AND GAIL L ET AL 20435 CHALET LN SARATOGA CA 5036310895070- 50363111 BURGER BERT AND VIVIAN D TRUSTEE 20780 4TH ST UNIT 1 SARATOGA CA 5036311195070- • ~~ 50365001 ~WUERFLEIN ROBERT D AND SUE L 68 STONERIDGE DR TOGA- CA 95070-5743 50365004 LARCEN MARDELL 14662 STONERIDGE DR SARATOGA CA 95070-5743 50365009 BRENCHLEY WILLIAM M TRUSTEE P O BOX 338 SARATOGA CA 95071-0338 50365013 MACMORRAN JAMES R AND NANCY M ET AL 1155 CHANNING AV PALO ALTO- CA 94301 50365016 FLEMING EDWIN T AND GERALDINE T TRUSTEE 14661 FIELDSTONE DR ~~TOGA CA 95070-5734 X65020 SARATOGA OAKS HOMEOWNERS ASSOC 1935 DRY CREEK RD STE 203 CAMPBELL CA 95008-3631 50365023 RAPPORT JACK TRUSTEE 14638 FIELDSTONE DR SARATOGA CA 95070-5732 50365026 KEIRNAN MELINDA AND MCGEE KEVIN 14644 FIELDSTONE DR SARATOGA CA 95070-5732 50365029 ANDERSON NORMAN R AND MARY D 14650 FIELDSTONE DR SARATOGA CA 95070-5733 65032 FMAN CHARLES E AND MAUREEN S 14658 FIELDSTONE DR SARATOGA CA 95070-5733 50365002 MILLER CHERIE B 14666 STONERIDGE DR SARATOGA CA 95070-5743 50365005 ROTHMULLER M. JANE 14660 STONERIDGE DR SARATOGA CA 9507U-5743 50365010 SCHRAGA BURTON L AND KAREN L 14646 STONERIDGE DR SARATOGA CA 95070-5742 50365014 ISHERWOOD CHARLES S AND PATRICIA M TRUSTEE 14665 FIELDSTONE DR SARATOGA CA 95070-5760 50365017 LOPRESTO ROBERT L TRUSTEE & ET AL 14659 FIELDSTONE DR SARATOGA CA 95070-5734 50365021 MOUTAFIAN DORA 14634 FIELDSTONE DR SARATOGA CA 95070-5732 50365024 PAULSEN ELKS M TRUSTEE 14640 FIELDSTONE DR SARATOGA CA 95070-5732 50365027 REEDY ROGER F AND MARY C 14646 FIELDSTONE DR SARATOGA CA 95070-5732 50365030 O'MALLEY THOMAS J AND BARBARA A 14654 FIELDSTONE DR SARATOGA CA 95070-5733 50365033 MORRISON DAVID AND JANET L 14660 FIELDSTONE DR SARATOGA CA 95070-5761 50365003 KIBORT BERNARD R AND ANN M TRUSTEE 14664 STONERIDGE DR SARATOGA CA 95070-5743 50365008 JENKEL THEODORE A JR AND EILEEN F TRUSTEE 14650 STONERIDGE DR SARATOGA CA 95070-5742 50365012 MELLEN-BANAKAS FRANCES TRUSTEE 14669 FIELDSTONE DR SARATOGA CA 95070-5760 50365015 TJADEN DARRYL L AND ANNE F 14663 FIELDSTONE DR SARATOGA CA 95070-5760 50365018 BRIGHT NICHOLAS J TRUSTEE &ETAL 14657 FIELDSTONE DR SARATOGA CA 95070-5734 50365022 BULJAN GEORGE T AND HELEN J TRUSTEE 14636 FIELDSTONE DR SARATOGA CA 95070-5732 50365025 CROSS JUDSON S TRUSTEE 14642 FIELDSTONE DR SARATOGA CA 95070-5732 50365028 ANDERSON NORMAN R AND MARY D TRUSTEE 14650 FIELDSTONE DR SARATOGA CA 95070-5733 50365031 JORDAN JEFF K AND MARY A TRUSTEE 14656 FIELDSTONE DR SARATOGA CA 95070-5733 50365034 BOOKER JOE T AND CAROLYN E TRUSTEE 14662 FIELDSTONE DR SARATOGA CA 95070-5761 ~~ 50365035 50365036 PANELLI EDWARD A AND ALDRIDGE BARBARA LORNA C TRUSTEE 14655 FIELDSTONE DR 14656 STONERIDGE DR SARATOGA CA 95070-5734 SARATOGA CA 95070-5743 • -~ 50361001 50361002 50361003 SIsIPPEI/ RICHARD R AND DOYLE ELKS S SHANENDOAH COMPANY THE JULIE A TRUSTEE PO BOX 422 3490 SOUTHAMPTON DR ~0 SPRINGER CT OLD LYME CT 06371 RENO NV 89509 TOGA CA 95070-5726 50361004 50361005 50361006 COMISKY HANNAH S DEVINE ANDREW M ET AL RUSHING JACK R AND LYNN W 19324 MONTE VISTA DR 14638 SPRINGER CT 14640 SPRINGER CT SARATOGA CA 95070-6220 SARATOGA CA 95070-5726 SARATOGA CA 95070-5726 50361007 50361008 - 50361009 FONNER CHARLES AND IWANAGA ADRIENNE R GIANNETTO MARJORIE E AND BARBARA TRUSTEE S T TRUSTEE 14642 SPRINGER CT 14644 SPRINGER CT 15195 BECKY LN SARATOGA CA 95070-5726 SARATOGA CA 95070-5726 MONTE SERENO CA 95030-2105 50361010 50361011 50361012 BAGNATO PATRICIA L HLAVA JOYCE A TRUSTEE COAKLEY RUBY TRUSTEE TRUSTEE 14662 SPRINGER AV 14664 SPRINGER AV 235 NOB HILL AV SARATOGA CA 95070-5748 SARATOGA CA 95070-5748 LOS GATOS CA 95032 50361013 50361014 50361015 SYVERTSON CLARENCE A GREY LEE S TRUSTEE THOMPSON KAREN AND TRUSTEE & ET AL 14668 SPRINGER AV JAMES 14666 SPRINGER AV SARATOGA CA 95070-5748 14670 SPRINGER AV ~~TOGA CA 95070-5748 SARATOGA CA 95070-5748 761016 50361017 50361018 WOODRUFF HERBERT AND IRETON DONNA S COMBS ROY E AND ANN ROSEMARIE 14654 SPRINGER AV TRUSTEE 14656 SPRINGER AV SARATOGA CA 95070-5720 PO BOX-308 SARATOGA CA 95070-5720 SARATOGA CA 95071-0308 50361019 50361020 50361021 HARTLEY YASUKO F KLEINMAN PHYLLIS AND FLORSHEIM MARY F 14650 SPRINGER AV KLEINMAN FAMILY 1977 14638 PLACIDA CT SARATOGA CA 95070-5720 14636 PLACIDA CT SARATOGA CA 95070-5739 SARATOGA CA 95070-5739 50361022 50361023 50361024 GUILMETTE VICTOR M REMMELL JAMES E JR FRANCIS HELEN G FBO TRUSTEE TRUSTEE FRANCIS BYPASS TR ET AL 14640 PLACIDA CT 14642 PLACIDA CT 14644 PLACIDA CT SARATOGA CA 95070-5739 SARATOGA CA 95070-5739 SARATOGA CA 95070-5739 50361025 50361026 50361027 HARPER ERNEST T AND KLEINMAN SIMON AND BALLARD MICHAEL AND ROSEMARY P PHYLLIS TRUSTEE KELLIE 14646 PLACIDA CT 14636 PLACIDA CT PO BOX 59664 SARATOGA CA 95070-5739 SARATOGA CA 95070-5739 POTOMAC MD 20859 1028 50361029 50361030 TDER THOMAS B AND NORTHWOOD MICHAEL A COLEMAN MICHAEL P AND GERDA M 14654 PLACIDA CT MAUREEN C 14652 PLACIDA CT SARATOGA CA 95070-5740 14656 PLACIDA CT SARATOGA CA 95070-5740 SARATOGA CA 95070-5740 50361031 MORIAI:TY JOSEPH AND LISA 14658 PLACIDA CT SARATOGA CA 95070-5740 50361034 KIM YOUNG I 14664 WILD BERRY LN SARATOGA CA 95070-5747 50361032 GEMBERLING RONALD M AND ADRIENNE M 14660 WILD BERRY LN SARATOGA CA 95070-5747 50361035 TAYLOR RAYMOND M JR 14666 WILD BERRY LN SARATOGA CA 95070-5747 50361033 BRUBAKER ADA M TRUSTEE 14662 WILD BERRY LN SARATOGA CA 95070-5747 • 50361036 WOODWORTH LOIS D TRUSTEE & ET AL 14668 WILD BERRY LN SARATOGA CA 95070-5747 • r~ U ~~ 50326003 HOLBROOK, WILSON E & KAYE A ~30 CANYON VIEW DR TOGA CA 95070-5810 50326006 KASS, PAUL D TRUSTEE ETAL 20870 4TH ST SARATOGA CA 95070-5839 50326009 TREHARNE, M C & CHAETH J 20840 4TH ST SARATOGA CA 95070-5839 50326012 KRAULE, ERNEST O TRUSTEE 14445 SPRINGER AV SARATOGA CA 95070-5827 50326015 BARBER, ANN D TRUSTEE 14455 BLACKWALNUT CT SARATOGA CA 95070 26022 HEERWAGEN, TYLER D & BELINDA B 14346 WILDWOOD WY SARATOGA CA 95070-5875 50326028 BAGNAS, EMMANUEL S SR & MARII,YN V 14005 WILDWOOD WY SARATOGA CA 95070-5830 50326031 RUANO, RODOLFO SR & GLORIA 14370 SPRINGER AV SARATOGA CA 95070-5826 50326046 SCHULZ, KENNETH P & CAROL A 15001 SPRINGER AV SARATOGA CA 95070-5874 r\ LJ 0840 4`h Street 50326004 BRONZICH, DORIS I TRUSTEE 20896 4TH ST SARATOGA CA 95070-5839 50326007 JAFARI, MASOUD & DIANE M 20860 4TH ST SARATOGA CA 95070-5839 50326010 SAINT-GOBAIN CERAMICS & PLASTICS INC 20820 4TH ST SARATOGA CA 95070 50326013 KRAULE, ERNEST O TRUSTEE 14445 SPRINGER AV SARATOGA CA 95070-5827 50326020 MOSHTAGHI, HAMID 20758 WILDWOOD WY SARATOGA CA 95070-5877 50326026 FORD, CLAUDETTE L TRUSTEE 524-24TH AVENUE SAN FRANCISCO CA 94121 50326029 KILLIAN, EVERET D & LUCIE M 14395 WILDWOOD WY SARATOGA CA 95070-5830 50326032 KEMP, CYNTHENY A 14362 SPRINGER AV SARATOGA CA 95070-5826 50326048 LIU, SHAG-HUNG G & TAI-HUA L TRUSTEE . 14491 SPRINGER AV SARATOGA CA 95070-5827 50326005 LAM, PATRICK K & MEI Y 20880 4TH ST SARATOGA CA 95070-5839 50326008 KRAULE, ERIC O & SHERRY 20850 4TH ST SARATOGA CA 95070-5839 50326011 KRAULE, ERNEST O TRUSTEE 14433 SPRINGER AV SARATOGA CA 95070-5827 50326014 BEATTY, TODD A & LISA M 14461 SPRINGER AV SARATOGA CA 95070-5827 50326021 REED, DAVID R 20750 WILDWOOD WY SARATOGA CA 95070-5877 50326027 FORD, CLAUDETTE L TRUSTEE 524-24TH AVENUE SAN FRANCISCO CA 94121 50326030 FORD, CLAUDETTE R TRUSTEE 524-24TH AVENUE SAN FRANCISCO CA 94121 50326035 SHISHIDO, HIROSHI & NAZILA 14481 SPRINGER AV SARATOGA CA 95070-5827 50326050 BEAUDOIN, HAROLD A TRUSTEE PO BOX 55 SARATOGA CA 95071-0055 ~© 50326051 , C~-IIN, SIMON S 50326055 50326056 20760 WILDWOOD WY SARATOGA CA 95070-0000. • • U 0840 4`h Street ~~ 50327001 50327002 FOOTE, ~MARJORIE U TRUSTEE KWOK, PATRICK SHU PUI & 20910 CANYON VIEW DR SUSAN CHOW TRUSTEE TOGA CA 95070-5810 10222 CARMEN RD CUPERTINO CA 95014-2784 50327009 50327010 ARNO, ROGER D & KATHLEEN . GRANADO, RANDY M & A TRUSTEE CECILIA R 14343 ELVA AV 14341 ELVA AV SARATOGA CA 95070-5813 SARATOGA CA 95070-5813 50327012 50327013 SARRAMI, HAMID ZHANG, KAI & XIN 14361 ELVA AV 14371 ELVA AV SARATOGA CA 95070-5813 SARATOGA CA 95070-5813 50327003 MAZAHERI, REZA 20890 CANYON VIEW DR SARATOGA CA 95070-5887 50327011 SPEARS, ROSALEEN 14351 ELVA AV SARATOGA CA 95070-5813 50327016 GARCIA, MARIA E TRUSTEE 20845 4TH ST SARATOGA CA 95070-5838 50327017 50327018 50327020 VAN DEN HOEK, WILBERT & PENUEN, MICHAEL G & SHEILA STEPHENS, LLOYD G RIEKO K 14350 ELVA AV 15470 BOHLMAN RD 14380 ELVA AV SARATOGA CA 95070-5814 SARATOGA CA 95070-6306 SARATOGA CA 95070-5814 50327021 POOLE, PRISCILLA F & DONALD E 14340 ELVA AV 50327046 TOGA CA 95070-5814 ~~L7044 CANCELLIERI, ROBERT & SHIRLEY TRUSTEE 14860 CODY LN SARATOGA CA 95070-6018 50327047 POLCYN, JAMES J 14365 PAUL AV SARATOGA CA 95070-5820 50327050 MA, ZHAOQING & MUZHI 14360 PAUL AV SARATOGA CA 95070-5821 50327022 50327023 QUON, SHUN W & JANE E JUE STANARO, CHESTER J 14330 ELVA AV TRUSTEE SARATOGA CA 95070-5814 14320 ELVA AV SARATOGA CA 95070-5814 50327045 MARSHALL, BRUCE & ROBERTA TRUSTEE 14341 PAUL AV SARATOGA CA 95070-5820 50327048 HANNIBAL, ROSS & SUSAN 14375 PAUL AV SARATOGA CA 95070-5820 50327051 50327052 CARTMELL, SAM MEHAFFEY, JOHN F & ANNE W 14350 PAUL AV 14340 PAUL AV SARATOGA CA 95070-5821 SARATOGA CA 95070-5821 50327054 50327074 SZALAY, TIBOR & MARGARET SPARACINO, MICHAEL G & 14328 PAUL AV CHARLOTTE,J TRUSTEE SARATOGA CA 95070-5821 14325 SPRINGER AV SARATOGA CA 95070-5889 • 0840 4th Street 50327053 NISHIMOTO, GARY M 14330 PAUL AV SARATOGA CA 95070-5821 50327075 SCOTT, SAMUEL T III & AIDA A 922 BICKNELL RD LOS GATOS CA 95030-2112 3 ~' so327oa6 WEINMANN, ROBERT L 14371 SPRINGER AV SARATOGA CA 96070-5889 60327077 SCHNEIDER, SCOTT K & NOLA A ETAL 146 10 BIG BASIN WY 226 SARATOGA CA 95070 60327086 MC CHESNEY, MICHAEL J & -- SUSAN M 20620 LOMITA AV SARATOGA CA 95070-6024 • 0840 4`h Street ~~ 50327091 50327092 50327093 FORCIER, DAVID A & YVONNE BOURDET, JOSEPH JR TRUSTEE KIM, SAMUEL U & SUSAN S M ETAL 14370 ELVA AV ]~1 ELVA AV 1151 COTSWALD CT SARATOGA CA 95070-5814 TOGA CA 95070-5813 Si;1NNYVALE CA 94087-3713 50327094 50327097 POUTRE, JUDITH E TRUSTEE AMIRKIAI, YOUSSEF & ETAL MALIHEH D 14360 ELVA AV 14399 PAUL AV SARATOGA CA 95070-5814 SARATOGA CA 95070-5820 50327099 50327109 MERZ, WILLIAM M & JOCELYN TOOYSERKANI, PIROOZ & B NAZANIN TRUSTEE 14391 ELVA AV 14315 PAUL AV SARATOGA CA 95070-5813 SARATOGA CA 95070-5820 50328008 MEHRANY, M ETAL 105 DOVER CT LOS GATOS CA 95032-3816 50328009 LA, TAM N POBOX2174 SARATOGA CA 95070 50328011 ABACHIZADEH, BIJAN & MILAV 20981 CANYON VIEW DR TOGA CA 95070-5809 134 SARATOGA OAKS HOMEOWNERS ASSOC 1935 DRY CREEK RD 203 CAMPBELL CA 95008-3631 503630017112 • 50328012 SHARMA, JAYS & NEENA 20995 CANYON VIEW DR SARATOGA CA 95070-5809 50328140 503650017036 50327098 HSIAO, KUANG N PO BOX 610544 SAN JOSE CA 95161-0544 50328007 TRAN,LOC 20931 CANYON VIEW DR SARATOGA CA 95070-5809 50328010 HELLAR, EUGENE E 20971 CANYON VIEW DR SARATOGA CA 95070-5809 50328013 MINECK, DAVID W & DIANA W TRUSTEE 21011 CANYON VIEW DR SARATOGA CA 95070-5717 503610017036 50365020 SARATOGA OAKS HOMEOWNERS ASSOC 1935 DRY CREEK RD 203 CAMPBELL CA 95008-3631 ;0840 4`h Street _ 3_~ • Attachment 4 • ~~ LJ • ~ ~~~o~~ ~ uuc o s zoos CITY OF SARATOGA ~`7 • ', ~ : ~~ - ] ~~ ~ ~;a'~4! 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Ili I i ~-e y~,~-}- doer- ~.~- 2~8~ '-f'}` sf ~ ~~M ~ssi ~w ~~w~2~ ~ ~" ~`~'v~ 1~b1~2 ~J ~ Z3~ ~1l -2~ ~ zc~c~ vie S S S c~"L~ ~~~ ~~ ~y;c d Jhg~ kr~e ~[n~-o~~y ~~~od~ J Nov o ~ 2005 pF SA~TGGA C1TY ~c~_ _ ..,~~~N1TY ~E ISS I ~~ • ~~ • • Attachment 5 ~g Planning Commission Minutes for July 27, 2005 residence with basement on property located at 20851 by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 6 Page 22 Canyon View Drive, APPLICATION #04-379 (503-26-009) TRAN, 20840 Fourth Street; -The applicant requests Design Review Approval to construct atwo-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two-story residence is 2,559.4 square -feet. A 1,496.66 square foot basement is proposed. The maximum height of the proposed residence is 24 feet. The gross lot size is 5,177 square feet and the site is zoned R-1 10,000. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow the construction of a new two-story single-family residence with 2,559 square feet and 1,496 square foot basement and the demolition of an existing single-story residence. The maximum height of the new residence would be 24 feet. The lot size is 4,177 square feet and the zoning is R-1-10,000. • Said that a juniper is proposed for removal. • Described the building materials as including composition shingle roofing and cultured stone accents. • Said that comments in opposition were received from two neighbors due to hillside view impacts and privacy impacts. • Recommended approval. Commissioner Kundtz asked about the neighbor issues and concerns, specifically Ms. Esparanza Garcia's. He asked if there are unreasonable view impacts. Planner Christy Oosterhous said that the Garza's views are not impacted from the front porch or residence but there are serious view impacts from a picnic table in the yard. Commissioner Cappello asked about the setback requirements for this lot. Planner Christy Oosterhous reported that there are not a lot of smaller lots such as this 50- foot wide lot. The side yard setback is 10 percent of the lot width or 6 feet, whichever is greater. There is an additional five-foot setback required for the second story. Chair Nagpal opened the Public Hearing for Agenda Item No. 6. Ms. Rachael Frame, Project Representative: • Advised that she is here to represent the property owner. • • • -/ Planning Commission Minutes for July 27, 2005 Page 23 • Pointed out that a lot of homes in this neighborhood .have been increased into two-story homes and that this lot is unusually shaped and small. • Stated that the architect has made the most of the house on this lot but that it is not a very big house. It is reasonable for a family of four. • Said that Planner Christy Oosterhous has addressed everything and the owner is here too. • Added that she would like to hear what the opposition has to say and then have an opportunity to rebut. Commissioner Kundtz asked if there are intentions to mitigate privacy impacts for the adjacent single-story residence. Ms. Rachael Frame said that some windows were raised and/or obscured. Chair Nagpal asked if all seven windows on that elevation are raised or obscured. Planner Christy Oosterhous replied except for one larger picture window. Mr. Alex Garcia, 20845 Fourth Street, Saratoga: • Expressed his disagreement with the front facade of this house saying that it does not do justice to the aesthetics of the area at all. • Said his family has lived here for 35 years and that they have nothing against improvements on their neighbors' home. • Said that he does not understand why this house has to be built so high. • Suggested that perhaps a bigger basement could accommodate the required square footage. • Disagreed that there would be no view obstruction. • Pointed out that this lot is small and every setback is being used up. • Suggested an alternate plan as his family cannot agree with the loss of mountain views. • Said that this home should not be able to look into his front living room window. Mr. Albert Buzo, 37 E. Redding Street, San Jose: • Said he was the representative for Ms. Esparanza Garcia. • Said that they have concerns that include privacy issues, view impacts/obstructions and the size of proposed home. • Pointed out that Mrs. Garcia has lived in the area for a long time. • Said that having a 2,500 square foot home on a 5,000 square foot lot is of concern. This proposed house represents half the size of the entire lot. • Said that a home of this size would be fine on a lot that is 7,500 to 10,000 square feet but it is a large home fora 5,000 square foot lot. It is simply too big and will not fit in with the homes in the area. • Pointed out that although the staff report compares and references nearby condos, this is neither a condo feel nor a condo neighborhood. • Said it looks like someone took Code parameters and took them to the limit. This is not a good precedent for this City and community to set. Mr. Ken Schulz, 15001 Springer Avenue, Saratoga: ~D Planning Commission Minutes for July 27, 2005 Page 24 • Said that he lives at the back of this property. • Stated that this- project represents the poster child for monster homes. It is a huge home on a small lot. • Disagreed with the report's conclusion that there are minimal privacy impacts or concerns. • Said that from his rear window he currently sees trees. He would see a home now and envisions a time when he might see a wall of two-story- houses behind him in the future. • Pointed out that these owners purchased asingle-story house. • Expressed fear that this is a slippery slope and that this proposal is not within the spirit of the area. • Asked that this project not be allowed to max out every possible square inch. • Reminded that this is an incredibly small lot and questioned if a 4,100 square foot house is required for a family of four. Eric and Sherry Kraule, 20850 Fourth Street, Saratoga: • Said that they live next door and have asingle-story home. • Pointed out that a large two-story was constructed next door to them impacting their privacy. Their bathroom and children's' bedroom windows are visible by their neighbors. This new home would impact the master bedroom. • Reminded that not all homes in this neighborhood are two-story. More are single-story including their own. • Said that when they remodeled their home they tried to fit their home within this neighborhood. • Stated that they are not leaving. They will be here forever and will be impacted with whatever is done here. • Assured that they don't want to be nasty neighbors but that they want their neighbors to fit in with the existing neighborhood. Commissioner Kundtz asked the Kraules if they ever would envision atwo-story home for themselves on their property. Ms. Sherry Kraule replied never, adding that she's the type to fall down stairs. Their family is two adults and three kids. Chair Nagpal asked Ms. Sherry Kraule how large their lot is. Ms. Sherry Kraule replied that it is about twice the size of this parcel at approximately 10,000 square feet. It is way bigger. Director John Livingstone told the Commission that they could compare lot sizes by looking at the map on the cover of the staff report. Mr. Kiet Tran, Applicant and Property Owner, 20840 Fourth Street, Saratoga: • Said that he felt that his neighbors' concerns had been addressed. • Clarified that there are no plans for a bay window on the second floor only on the first floor. • Planning Commission Minutes for July 27, 2005 Page 25 Ms. Rachael Frame said that privacy impacts are more important when it concerns bedrooms rather than when it: means seeing into a living room. Mr. Kiet Tran: • Said that he is remodeling his home, nothing different than what neighbors have done in the area. • Said that he showed his plans early on to his neighbors and obscured or raised windows as well as adding screening trees. There is but one picture window at the back. • Stated that his small irregular lot is a challenge and that he has met the setbacks and zoning requirements of the City with his proposal. • Pointed out that while 26 feet is the maximum height allowed, he initially proposed 25 feet and reduced that to 24 feet to address concerns raised by neighbors. Chair Nagpal asked for the height of the flat area of the room. Planner Christy Oosterhous replied 22 feet and that it drops lower to the back. Mr. Kiet Tran said that he chose the Craftsman style to match the area and reiterated that many additional trees are planned for this property. Chair Nagpal sought clarification that all rear second floor windows are obscured or raised except for one. • Mr. Kiet Tran agreed, saying except for the window at the center of the back second story elevation. Chair Nagpal asked whether three of the rear elevation windows are obscured. Planner Christy Oosterhous replied yes. Chair Nagpal asked about the planting proposed. Planner Christy Oosterhous said that the proposed species need to be revised per input from a neighbor. Commissioner Uhl asked if the Arborist looks at landscape. Director John Livingstone replied not the species planned but the efforts to preserve existing trees. Mr. Kiet Tran pointed out that the Arborist recommends the trees proposed. Director John Livingstone said that the trees proposed are medium sized trees and would be planted as 24-inch box specimens. Chair Nagpal closed the Public Hearing for Agenda Item No. 6. ~~ Planning Commission Minutes for July 27, 2005 Page 26 Commissioner Cappello: l • Said that he has no issue with atwo-story since there are others in this neighborhood. • Stated that this is a neighborhood in transition. • Added that he has no issue with the fact that this project is maxed out as it does not violate any Ordinance. • Said that the issue is privacy and bulk: • Stated that other things can be done to further minimize the impact on neighbors. • Said that it is inevitable that atwo-story will be constructed at this location. It would have to be in order to warrant rebuilding here at all. • Said that he is not in favor of this project as it is proposed today since findings on a lack of view impacts cannot be made. Commissioner Uhl said that he respects the time spent by this applicant but that he has problems with the three required findings including views impact, .minimization of bulk and compatibility. He said that while he feels for the applicant he couldn't support this project at this point. Chair Nagpal asked for specific suggestions for this applicant. Director John Livingstone pointed out the heights of other homes reviewed and approved on this evening's agenda. They included 23, 25 and 26-foot high single-story homes. Commissioner- Uhl said he does not believe that this has to be a two-story. Chair Nagpal reminded that the maximum lot coverage is 2,560 square feet. Commissioner-Uhl said that it would be 3,200 square feet with the basement. Chair Nagpal pointed out that basement space is not counted. Commissioner Uhl said that if the house were a two story, the minimization of bulk and heights would be reduced with greater setbacks. This proposal is too towering and too close to its neighbors. Commissioner Kundtz said he echoes the comments made. A lot of work has been done but reconsideration must still be done. Chair Nagpal: • Suggested asking the applicant if he prefers a denial tonight or a continuance. • Pointed out that it does not look like there is sufficient support today for approval as the project stands. • Said that if the project is voted upon and denied, the applicant would have the option to appeal that action to Council. If the item is continued, revisions can be made to the proposal. • Ms. Rachael Frame asked for suggestions on how to make the -house more private for the neighbors and reminded that the Kraules have a two story behind them. ~~ Planning Commission Minutes for July 27, 2005 Page 27 Chair Nagpal asked whether the applicant prefers a denial or continuance. Mr. Kiet Tran said that specific suggestions would be helpful as there is not a lot of space to move on this property. Chair Nagpal asked Mr. Kiet Tran if his preference is a continuance or he could appeal a denial to Council. Mr. Kiet Tran said that he would like to take suggestions from the Commission and work on his project for the next meeting. Commissioner Cappello: • Said that he has no issue with the height and bulk and that this is a neighborhood in transition and that the neighbors will have to give a little bit. • Said he has no issue with atwo-story but that little more can be done to minimize views and privacy. Commissioner Uhl: • Said that Findings A, D and E cannot be made. There is interference with views and privacy. • Said that the second story would need to be minimized and made much smaller. The bulk and height would have to be minimized. • Added that the project must not maximize all limits. It needs to be shrunk down. Commissioner Kundtz said that smaller is better and perhaps astory-and-a-half design could be considered. Chair Nagpal: • Said that she thought this was a decent looking project although it is the smallest lot in the immediate area. • Reminded that there do exist two-story homes in the neighborhood although on larger lots. • Said that this project interferes with views and privacy and give a perception of bulk. • Asked staff if they have enough to work on with these comments. Planner Christy Oosterhous .replied yes. Director John Livingstone suggested that the Commission make a motion to continue this item to a date uncertain. The neighbors will be re-noticed. Motion: Upon motion of Chair Nagpal, seconded by Commissioner Cappello, the Planning Commission CONTINUED TO A DATE UNCERTAIN consideration of Application #04-379 to allow the construction of a new two-story, single- family residence with basement on property .located at 20840 Fourth . Street, by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None ~^~ Planning Commission Minutes for July 27, 2005 Page 28 ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None Commissioner Cappello reiterated that it is inevitable that atwo-story will be built on this location and suggested that all parties work together to find a solution that is a compromise that works for all sides as best as possible. *** DIRECTOR'S ITEMS Reminder of Cancellation of August 10, 2005 Meeting: Director John Livingstone reminded the Commission that there would be no meeting held on August 10, 2005. Thanks for Handling this Large Agenda: Director John Livingstone thanked the Commissioners for dealing with tonight's larger agenda. He said that staff does not usually pack an agenda like this. Thanks to Staff: Director John Livingstone commended Planners Christy Oosterhous and Lata Vasudevan for the extra duty they have been pulling over the last couple of months. He advised that two new staff planners are just starting. Chair Nagpal thanked all Commissioners for their attendance today. • COMMISSION ITEMS Story Poles/Arborist at Meetings: Commissioner Uhl said that the use of story poles is hugely helpful and extended kudos on that. Said that having an Arborist at meetings would be nice. Director John Livingstone cautioned that applicants would have to pay the cost of that attendance. Study Session -August 24.2005 Director John Livingstone reminded that the Study Session has been rescheduled to August 24, 2005. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING • ~5 Planning Commission Minutes for July 27, 2005 Page 29 Upon motion of Commissioner Uhl, seconded by Commissioner Kundtz, Chair Nagpal adjourned the meeting at 11:40 p:m. to the next Regular Planning Commission meeting of August 24, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. 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