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HomeMy WebLinkAbout05-09-2006 Planning Commission PacketCITY OF SARATOGA PLAI\~'ING COMMISSION • SITE VISIT AGENDA DATE: Tuesday, May 9, 2006 - 3:30 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISTTS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR TUESDAY, MAY 9, 2006 • ROLL CALL REPORT OF POSTING AGENDA AGENDA Application #06-282 Application #06-309 Balasubramanian 12280 Saratoga Sunnyvale Rd. Metro Design Group/Warren & Lee Bell 19234 Citrus Ln. 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. T`he site visits are held on the Tuesday preceding the Wednesday hearing, between 3:30 p.m. and 5:00 p.m. It is encouraged that the applicant and/or owner to be present to answer any questions that may arise. Site visits are generally short (10 to 20 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the Public Hearing. During the Site Visit, the Planning Commission may only discuss items related to the project. .The agenda does not allow any formal votes or motions on the proposed project or other matters. The Site Visit is afact-finding meeting where the Commission may discuss the item and ask questions from or hear statements from members of the public attending the Visit. No comments made during the Site Visit by the Planning Commission are binding or required to be tamed through to the formal public hearing where actions will be taken on the proposed project. • CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, May 10, 2006 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Joyce Hlava, Jill Hunter, Robert Kundtz, Susie Nagpal, Yan Zhao and Chair Linda Rodgers - PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of Apri126, 2006 ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding -Oral Communications under Planning Commission direction to Staff REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 4, 2006. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the- date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. APPLICATION #04-210 (510-03-004) MICHAELS, 15230 Pepper Lane; -The applicant requests design review approval to construct atwo-story, single-family residence with an attached garage and a basement, and a secondary unit. The project includes demolition of an existing residence. The total floor area of the proposed residence, basement and garage is 6,260 square feet and the total floor area of the secondary unit is 626 square feet square feet. The maximum height of the proposed residence is 26 feet. The lot size is approximately 52,453 square feet and the site is zoned R-1 40,000. (Deborah Ungo- McCormick) 2. APPLICATION #OS-035 (517-08-026) BARATTA-LORTON, 20626 Komina Avenue; -The applicant requests desi-gn review approval to construct atwo-story, single-family residence, including a basement and attached -garage. The existing house was damaged by fire and will be demolished. The total floor area of the proposed residence and garage is 2,706 square feet. The maximum height of the proposed residence is 26 feet. The lot size is approximately 7,817.6 square feet and the site is zoned R-1-10,000. (Deborah Ungo- McCormick) 3. APPLICATION #UP-06-282 (APN 386-60-001) BALASUB , 12280 Saratoga-Sunnyvale Road; -The applicant requests approval of a conditional use permit to establish a dental office in an approximately 1,400 square-foot tenant space in the existing office building located at.12280 Saratoga- Sunnyvale Road (Saratoga Square). The site has aCommercial-Visitor (CV) zoning designation. (Shweta Bhatt) 4. APPLICATION #06-309 (510-06-047) BELL, 19234 Citrus Lane; -The applicant requests Design Review Approval to demolish asingle-story single-family residence and~corlstruct a single-story residence with an attached three-car garage and secondary dwelling unit. A swimming pool is also proposed. The total floor area of the proposed residence will be 6,598 square- feet including the attached garage and secondary dwelling unit. The maximum height of the proposed residence will not be higher than 25-feet. The net lot size is 40,205 square-feet and the site is zoned R-1-40,000.- (Therese Schmidt) APPLICATION #06-235 -The City of Saratoga proposes an amendment to the Saratoga City Code pertaining to Density Bonuses. California State Government Code Section 65915 mandates a local program to provide density bonuses, incentives, concessions, waivers and uniform parking standards for development projects that meet certain requirements concerning the inclusion of very low, low, moderate income housing units or senior housing units. This requirement is included in Program 2.1: Density Bonuses and Affordable Housing Requirement of the City's adopted Housing Element which states that the City will amend the Zoning Code to implement state law. The proposed Density Bonus amendment is an amendment to Chapter 15 Zoning Regulations of the Saratoga City Code specifying how compliance with Government Code 65915 -and its recently adopted amendments - is implemented in the City of Saratoga. DIRECTORS ITEM - Summer schedule COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, May 24, 2006 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda:, I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on May 4, 2006 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 plannine(a,saratoea.ca.us Saratoga Planning Commission Minutes for April 26, 2006 Page 1 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, April 26, 2006 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, Hlava, Hunter, Nagpal, Rodgers and Zhao Absent: Commissioner Kundtz Staff: Director John Livingstone, Assistant Planner Suzanne Thomas, Contract Planner Deborah Ungo-McCormick and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE ELECTION OF NEW CHAIR Chair Nagpal thanked staff and the members of the Commission for their efforts over the last year during her time as Planning Commission Chair. Commissioner Hunter told Chair Nagpal that it has been a great year. Commissioner Cappello told Chair Nagpal that she did a great job as Chair. Motion: Commissioner Cappello nominated Commissioner Rodgers to serve as Chair for the coming year. (6-0-1; Commissioner Kundtz was absent) Motion: Commissioner Rodgers nominated Commissioner Cappello to serve as Vice Chair for the coming year. (6-0-1; Commissioner Kundtz was absent) Chair Nagpal passed the gavel to newly elected Chair Rodgers who assumed leadership for the remainder of the meeting. Chair Rodgers welcomed newly appointed Planning Commissioners Joyce Hlava and Yan Zhao. Commissioner Hlava: • Advised that she had served as a member of Saratoga's Planning Commission for four years in the 1980's. • Added that she also served as a member of the Saratoga City Council for four years also in the 1980's. Saratoga Planning Commission Minutes for April 26, 2006 Page 2 • Stated that she is looking forward to serving on this Commission now that she is retired and has more time to devote to this responsibility. Commissioner Zhao: • Said that she is an eight year resident of Saratoga. • Stated that she likes to contribute where she can. APPROVAL OF MINUTES -Regular Meeting of April 12, 2006. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of April 12, 2006, were adopted with a correction to pages 4 and 10. (3-0-1-3; Commissioner Kundtz was absent and Commissioners Cappello,- Hlava and Zhao 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-April 19, 2006. • Advised the Commission that staff just discovered about an hour ago that an error occurred with the mailing of notices for tonight's Agenda Items No. 2 and 3. Inadvertently, the notification for Item 2 was sent to the mailing list intended for Item 3 and the notification for Item 3 was sent to the mailing list intended for Item 2. • Informed that while these two-items were properly noticed in the newspaper, they were not properly noticed by mail to the neighbors. • Stated that to correct that error staff is recommending that those two items be continued this evening to either the next meeting on May 10th or to the subsequent meeting on May 24th. Chair Rodgers asked the City Attorney for his advice. Assistant City Attorney Jonathan Wittwer: • Said that the Commission should continue these items to a date certain to allow the proper mailing notification to be sent. • Added that doing so means that no additional newspaper advertising is required. Those people who rely on the newspaper notice have duly received that notice and would have appeared this evening to learn of this continuance. • Suggested that the action to continue each item should take place individually as each item appears on the agenda. Chair Rodgers asked the City Attorney if the Commission should take testimony from anyone who may be present this evening. Saratoga Planning Commission Minutes for April 26, 2006 Page 3 Assistant City Attorney Jonathan Wittwer replied no. He said that allowing testimony this evening would prevent those who were not properly noticed from having the opportunity to hear any commentary directly. Commissioner Hunter pointed out that story poles have been posted. She inquired whether a site that contains story poles is also posted with the date and time of the pending public hearing. If not, she suggested that staff consider such postings in the future. Director John Livingstone suggested that the Commission could give staff such a directive later in the meeting. Commissioner Nagpal asked staff if May 10th or May 24th is the better date: Commissioner Hunter said that either day is fine as she plans to be at both meetings. Commissioner Nagpal said that she prefers to see these items continued to May 10th in the interest of making things move along. Chair Rodgers cautioned that there is already a pretty full agenda for May 10tH Director John Livingstone said that it appears there is a consensus to continue these two items to the next meeting on May 10th. It sometimes works out that some meetings run longer . than others. REPORT OF APPEAL RIGHTS Chair Rodgers 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. *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #06-266 (503-68-013) ROSSI, 14111 Palomino Way: -The applicant requests Design Review Approval to construct an arbor on an existing-deck. The maximum height of the proposed structure is 15 feet above average grade. The lot size is approximately 45,716 square feet and the site is zoned HR. (Suzanne Thomas) Assistant Planner Suzanne Thomas presented the staff report as follows: • Stated that the applicant is seeking Design Review Approval to allow the construction of an arbor on an existing deck. • Provided a photograph of the proposed location for this arbor. Saratoga Planning Commission Minutes for April 26, 2006 Page 4 • Explained that the house rises above the deck. • Reported that accessory structures may not be more than 12 feet above grade without Planning Commission approval. If that standard were applied in this case, this arbor would only be allowed at 4.5 feet in height. • Added that the Planning Commission can elect to extend that allowed height up to 15 feet with the findings that to do so helps retain architectural compatibility as well as compatibility with the surrounding neighborhood. • Said that as proposed, this arbor would be approximately 7.5 feet higher than the deck or 15 feet above average grade. It is 16.5 feet wide and will be located behind and below the existing residence with minimal impacts on viewscape and no grading required. • Advised that the neighbors have been notified within 500 feet and that no negative correspondence was received. • Assured that the rural atmosphere is protected. • Described the proposed arbor as consisting of weathered wood and it will be vine covered. It is consistent with the house and surroundings. • Stated that the two required findings to support this request are that the height up to 15 feet is necessary to main#ain architectural integrity and that the proposed accessory structure is compatible with the neighborhood. • Informed that staff finds that these required Design Review findings can be made in the affirmative. • Said that this request is consistent with the General Plan. • Recommended that the Commission take action to approve this request. rs o ened the Public Hearin for A ends Item No. 1. • Chair Rodge p g 9 Mr. Ron Rossi, Applicant and Property Owner: • Said that he has nothing to add to the staff report. • Added that he is available for any questions. Commissioner Nagpal expressed her appreciation to Mr. Ron Rossi for the site visit as well as her admiration for Mrs. Rossi's green thumb. Commissioner Hunter agreed that they have a lovely yard. Chair Rodgers closed the Public Hearing for Agenda Item No. 1. Commissioner Cappello: • Said that this design makes perfect sense. • Expressed his agreement with the staff report. • Said that this is an appropriate request and that the necessary findings to support it can be made without problem. Commissioner Nagpal concurred. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission adopted a Resolution granting Design Saratoga Planning Commission Minutes for April 26, 2006 Page 5 Review Approval (Application #06-266) to allow the construction of an arbor on an existing deck with a maximum height of 15 feet above average grade on property located at 14111 Palomino Way, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM N0.2 APPLICATION #04-210 (510-03-004) MICHAELS, 15230 Pepper Lane: -The applicant requests Design Review Approval to construct atwo-story, single-family residence with an attached garage and a basement, and a secondary unit. The project includes demolition of an existing residence. The total floor area of the proposed residence, basement and garage is 6,260 square feet and the total floor area of the secondary unit is 626 square feet square feet. The maximum height of the proposed residence is 26 feet. The lot size is approximately 52,453 square feet and the site is zoned R-1 40,000. (Deborah Ungo-McCormick) Chair Rodgers reiterated that a noticing problem has resulted in a need to continue consideration of this item to allow proper noticing to occur. Commissioner Cappello said that he is concerned about the full schedule already on that agenda and suggested that perhaps the May 24th meeting might be better. Chair Rodgers asked staff how long the next meeting is anticipated to run. Director John Livingstone replied that this is generally up to the Commission. Some meetings take longer than others. Commissioner Hunter expressed support for fitting these two continued items onto the May 10th agenda. Commissioner Nagpal agreed and said that she is willing to stay late that evening to handle all items on the May 10th agenda. She added that the applicant has already waited. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Hunter, the Planning Commission continued to its next meeting on May 10, 2006, the consideration of Application #04-210 to allow Design Review Approval for a new residence on property located at 15230 Pepper Lane. (6-0-1; Commissioner Kundtz was absent) *** PUBLIC HEARING -ITEM NO. 3 Saratoga Planning Commission Minutes for April 26, 2006 Page 6 APPLICATION # (517-08-026) BARATTA-LORTON, 20626 Komina Avenue: -The • applicant requests Design Review Approval to construct atwo-story, single-family residence, including a basement and attached garage. The existing house was damaged by fire and will be demolished. The total floor area of the proposed residence and garage is 2,706 square feet. The maximum height of the proposed residence is 26 feet. The lot size is approximately 7,817.6 square feet and the site is zoned R-1-10,000. (Deborah Ungo-McCormick) Chair Rodgers advised that this i#em also had a noticing problem and needs to be continued. Assistant City Attorney Jonathan Wittwer suggested that the applicant be consulted as to a preference between May 10th and 24tH Chair Rodgers asked -that it be noted for the record that the applicant has indicated a preference for May 10~'. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission continued to its next meeting on May 10, 2006, the consideration of an Application to allow Design Review Approval for a new residence on property located at 20626 Komina Avenue. (6-0-1; Commissioner Kundtz was absent) *** DIRECTOR'S ITEMS Training for New Planning Commissioners: Director John Livingstone advised that he has spoken with-both new Commissioners and this item has been take care of with the possibility for future additional training as needed. Commissioner Cappello expressed an interest in having the two new Commissioners oriented with the vision and mission recently developed by the Planning Commission. Director John Livingstone said that the Chair could address the new Commissioners individually. Chair Rodgers suggested a Study Session to integrate the two newest members and asked for a proposed date. Commissioner Zhao asked what is the best way to learn about the processes of the Planning Commission. Is there a crash course possible? Commissioner Hunter said that she would be happy to sit down together with Commissioner Zhao to provide an introduction and answer any procedural questions. LJ Commissioner Nagpal reminded that there used to be a three-hour training session offered by . former Director Tom Sullivan to new Commissioners. Saratoga Planning Commission Minutes for April 26, 2006 Page 7 written materials available and that staff is Director John Livingstone advised that there are also available to assist. Commissioner Rodgers advised than any of the Commissioners would be more than happy to assist Commissioner Zhao. Commissioner Hlava asked for the date of the joint meeting with Council. Director John Livingstone replied June 7, 2006, at 5:30 p.m. Commissioner Rodgers suggested a Study Session on May 24th prior to the regular meeting to prepare for this joint session with Council. Director John Livingstone advised that staff has a large project to show to the Commission in a Study Session on May 24th. He added that he would discuss scheduling options further with Chair Rodgers. He said that a special Study Session could be scheduled on a night with no regular Planning Commission meeting set or the Study Session on May 24th could begin earlier than usual to accommodate both the joint meeting preparation as well as the large project review. Demolition of Structures: Director John Livingstone said that the issue of demolition • requirements was gone over somewhat during the site visit. He advised that during the Building Permit process there is a list of things to do prior to issuance of a demolition permit. However, there is no public notice or discretionary review. An applicant has the right to remove a house from his land without review. Commissioner Hunter asked what if the home in question is older than 50 years. Director John Livingstone said that CEQA requirements then come into play. Staff must ensure that the structure proposed for demolition is not historic. If it is, it must go before the Heritage Preservation Commission. Commissioner Hunter asked if a neighbor could appeal the demolition of an his#oric house once approved. Director John Livingstone replied that if the Heritage Preservation Commission makes a decision, there is the standard 15-day appeal period. Commissioner Nagpal asked about issues such as abatement of lead-based paint on those structures being demolished. Director John Livingstone: • Said that the Building Division has a list of agencies that an applicant must go to for demolition approval sign off before the Building Division approves that demolition. • Apologized to the Commission again for the noticing error. Saratoga Planning Commission Minutes for April 26, 2006 Page 8 Commissioner Hlava asked staff whether the mailing company would do this re-noticing at its own cost since this was their error. Director John Livingstone replied. that he would ask them to do so. He added that he just realized this error less than an hour before the start of tonight's meeting. COMMISSION ITEMS Commissioner Hunter: • Announced that she attended atwo-hour Village Ad Hoc meeting last Wednesday with the new Assistant City Manager. • Advised that subcommittees have been set up for bicycle racks in the Village and newspaper racks. • Added that the trees in the Village have improved and lights are going in this week. • Said that banners will be in next week and there are about 50 of them. Additionally, there are matching t-shirts that will be available for sale. • Stated that all these changes are very exciting. There are lots of changes in the Village. Chair Rodgers said that the trees are an improvement. Commissioner Hunter: • Reported that on May 19, 2006, from 5 to 7 p.m., 15 historic Saratogan characters will be walking the Village. These actors' characters are not identified. Rather, visitors are asked to question them to find out just whom they are depicting. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Hlava, Chair Rodgers adjourned the meeting at 7:46 p.m. to the next Regular Planning Commission meeting of May 10, 2006, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • Item 1 City of Saratoga Community Development Department MEMORANDUM TO: Saratoga Planning Commission FROM: Deborah Ungo-McCormick, Con#ract Planner John Livingstone, Community Development Director~~ DATE: May 10, 2006 RE: 15230 Pepper Lane This item was continued from the hearing on April 26, 2006 because of an error in noticing. The contract noticing service had accidentally put the wrong notice into the correct envelope. This resulted in the neighbors of the project on Pepper Lane getting notices for the project on Komina Avenue, and vice versa. No changes are proposed in the staff report. No correspondence has been received at the time of preparation of this memorandum. ~1 U • • • • Item 2 City of Saratoga Community Development Department MEMORANDUM TO: Saratoga Planning Commission FROM: Deborah Ungo-McCormick, Contract Planner John Livingstone, Community Development Director~y~ DATE: May 10, 2006 RE: 20626 Komina Avenue This item was continued from the hearing on April 26, 2006 because of an error in noticing. The contract noticing service had accidentally put the wrong notice into the correct envelope. This resulted in the neighbors of the project on Komina Avenue getting notices for the project on Pepper Lane, and vice versa. No changes are proposed in the staff report. However, additional correspondence was submitted subsequent to production of the original staff report, which is attached to this memorandum. • J ~~ `~a' aoo~ 1 ~~ ~~ ~ w~ .~e~D .~ (~ ,ague .. rh%~,e~F //2ed;t~v ,vvd.i-„fie, ~4 ~ ~e Q~ ~~ °~~~~ gym. s , John H. Holt April 26,-2006 Saratoga City Council and Planning Commission City of Saratoga RE: Proposed construction of new residence on the corner of Oak Street and Komina Avenue. After reviewing the proposed plans for the new residence, I have come to the conclusion that this house, as designed, will not be appropriate for this historic neighborhood. I will not elaborate on the proposed size of the structure. The original structure was much smaller, but these days everyone feels the need of a larger home. When I remodeled my home on Oak Street, the Van Ardsdale house, I added addition square feet to make the original structure a more livable home with today's modem conveniences. However, at additional expenses, I chose to keep the existing architectuFal configuration so that the structure was still in keeping with the neighborhood. When the new homes were constructed across the street from the Federated Church, they were designed to blend into the existing homes in that area. At the present time there is only one house on Oak Street with a stucco exterior and because of the design, it blends in nicely with the other homes in the area. All of the other homes on Oak Street have wood siding exteriors, not stucco. If Mr. Lorton would like to build a home with a stucco exterior, let him build in another neighborhood or better yet maybe he should build it in Campbell or San Jose. chosen not to make his ro osed new home fit into the existin neighborhood: Mr. Lorton has p p g He has instead chq~en a design that completely ignores the integrity and design of the surrounding homes-and the historic values of this area. I do have some questions concerning this project. Will Mr. Lorton be living in this-new home? Or is this a spec. house that he is planning to sell? I know that he once tried to sell the original house; I believe he tried to sell it before the first arson fire; there have been two arson fires on this property. I request that the city deny the application for this structure as proposed and maintain the integrity of this historic neighborhood. I sincerely hope that the City of Saratoga will make a similar decision that was made with the homes near the Federated Church. Please, do not duplicate what has happened in Willow Glen. Part of the charm of this city is the history of this community and the historic neighborhoods. Respectfull u fitted, John'Holt 14690 Oak Street Saratoga, California 95070 14690 Oak Street Sarat~~a_ Califnrnia 95070 40fi-A(i7-1993 . Page 1 of 1 Deborah Ungo-McCormick From: John Livingstone Sent: Wednesday, April 26, 2006 9:40 AM To: Deborah Ungo-McCormick; ungomcc@netgate.net Subject: FW: building plans for home on Komina/Oak St. FYI Please hand out at meeting. Thanks John L From: Abigail Ayende Sent: Wednesday, April 26, 2006 9:10 AM To: Jill Hunter (E-mail); Joyce Hiava (E-mail); Linda Rodgers (E-mail); Manny Cappello (E-mail); Robert Kundtz (E-mail); Yan Zhao (E-mail); Deborah Ungo McCormick {E-mail); John Livingstone; Susie Nagpal (E-mail) Subject: building plans for home on Komina/Oak St. FYI Abby Ayende City of Saratoga Community Development Department phone 408.868.1222 fax 408.867.8555 -----Original Message----- From: ivygate@comcast.net [mailto:ivygate@comcast.net] Sent: Tuesday, April 25, 2006 8:45 PM To: Planning Subject: building plans for home on Komina/Oak St. To the Saratoga Planning Commission, This is regarding the plans for the rebuilding of the home on the corner of Komina and Oak Streets. We have lived on Oak St. for 37 years. This neighborhood has many structures and homes of historical value. This is what makes Saratoga such a special place to live. A stucco "mixed Mediterranean" home does not fit in our neighborhood. The area is filled with charming shingled and wooden cottages, lovely Victorian homes and Craftman style modest bungalows. This proposed house seems like a very imposing and unfriendly addition to our neighborhood and we oppose its design and size. Sincerely, Lynne and Jerry Gurley 14724 Oak St. Saratoga, Ca. 95070 • ~ _ ~ ~ \ ~ ~~ .. \ .. ... n . / ~_ .~ ~ c f1 ;" ` \ ~ `J YEA \~ ~ i t~c~ 1C~. bf ~ IYS ~~ - ~~ ~-~f° Prove ham ve++u_.-.- •~ (~'~ ._ . ~~ ~,_ ~- -~ ~~ ~ 1~- ~_, ~ _.-- ~.O ~__ ~ ~ ~/ ~• - ~ ~ ';, Q~e.~.- C`Q~,L7 ~yssZ.~ ~ 5 OJ~-~ :~• Z' ` ,l V ~` ~ ~l~ ~~ l'(~~ 7r`~ s ~b jec~ P ro~~ ~ ~ 6c, o~` U ,~~ ~ ~o ~~.~-a f~- ~v 0 ~~ ~~ u~ «~1 © -~. b b~~a1~v~~~;~ b~i~' ~~ 1x86 . ~~ b 'twa S ~ ~S ~~~ P~ ~~ -~~S~~Q~ r :n 1~.10.A ~ 1 •, ~ e~ ~ -~ ~-p pU~ Cs~rnr-rL~cti~ 5~ -~~~'ec~~~J~~v ~"1 ~ ~~(~t~noc ~co~ ~. 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P,o~~}~Q,U~; la ar Cn.Q,1~,,.~,~ o`~ ~ a.~ p1~~F~ ~c~ Flom dnJ~9op~ t' 7S-V- '~s ~-~~sQ-, ~,~.L ~o vs V C9--~ nt,~ ~ ,~. +~ ~~~~ '. ,,~ ; ~S - f~~ V 1`~5~~ Z~._ i n ~ c~r1(`R~ ~ v~~~~~yyo~ o~s~~ , ~ r i~ r t7~-l i _ ~ ~ ~~ ~a~.pL, • ~~ ~~. t E .,~- :•j~ .,. f--.- .,, .;~, i ~~ + /' ; . '~ `a •~, • R,i~r .~ ~, ~Y s '~~ ~~ G Z' ~ ~` F HANNAH McCARTHY. (1834-1893) ', ; Mrs. McCarthy (Hannah Barry), born. in the County o f Wex- ford, .Ireland, came to the United States in 1852. A year later she married Martin McCarthy, founder of McCartysaille (now Sara- - toga) and when he died in 1864 he left her with four children. Mrs. McCarthy became an enterprising, successful business woman and owned some of the best real estate in the village.. She was ' ' also highly esteemed by the community .for her charity towards those less fortunate. She died in her home March 4, 1$93,.and was survived by her two sons, William T. and Daniel, and one daughter, Mrs. Mary Ellen Wilson. Records indicate that the H was added to McCART'I' several years later .after they were well established in the community. Either spelling would be .correct. Photo courtesy Grace Goldman (Mrs. Oscar Goldman), granddaughter of Hannah and Martin McCarthy. 56 The former country home of Mrs. Hannah McCarty, widow of Martin McCarty, built in the 1880's. Located at 20600 Lomita, it is still in excellent condition. Present owners are Mr. and Mrs. N. W. Pronger Photo by Frances Fox Fourth of July parade, "Next came a great Celestial dragon a hun- dred feet in length, holding between its jagged teeth burning, snap- ping fire crackers, followed by the delivery wagons of Hop Kee, Swop Kee, Stop Kee, Quong Kee, Wrong Kee, and Gone Kee, ~- loaded with `washee' and celestial delicacies from the Flowery k~ Kingdom." Happy indeed were the children lucky enough to be remembered with gifts of lichee nuts, candied coconuts and other sometimes mysterious looking delicacies. When their New Year came, they celebrated it with the ex- plosive din of great strings of firecrackers and other noise making paraphernalia. They never lit just. one firecracker at a time; it was always an entire ~ pack or rtonel Many an old-timer remembers walking down the lower end of Lumber Street to watch the celebrations: Save for this annual Chinese- demonstration, Saratoga had be- come aquiet little farming center by the turn of the century. Of 215 :" }; x ~;~ ~ ~ ~ L ~ r ~ ~. 45 ~ .~." ~~_ ~s r~r -gib ~f .~ P '~w-`~f 3 i ` x `~_ ~~ u w ~. . ~ t, _:,~. ~',. p' 'sue t._ ,._p .~ - 4 ~ 3'," ~~ ,~ -: _t p.:. . .#,.-f~r.~:r, ~. • ' rC _~i.- , Y • n r~~siP41a. 6 ~i 2 ~ 4 M ~ ~, t 1L ~#`~ f ~ ~ i4 ti _. 1. ,~ ~ if ', ~i7 tK c F"~~ ~4 ` A t ~ ` ~5~~~[ ~ ~ _ ~ ~ e jF SF X~ ' 'su ~ ! ' ~~{ ~ ~f ~' / } Y~ 1 ~.+ '11 ~~t j 9~'t E } ~~~ ~ Y _ ! ~5.- C~ E°'IL~tJ rf. L +~1 5 ~~~l4{'' r r f s, , v; I ~/ :~~ ~~ t ~. .~s~ y ~ ~ ,; ~i'"`a ! ! _ 1~ 'mot ._ . ~t ~ ;,~~ -~~. yyr~; - s , ~; ~ •. A r ~ts'~.3+r ~..`: r ,mac .~ :~ ~ -:~_. ,J ._ ~ ~ '~ / • .:~"'~ i `i 1'x:_•:2 ~•, :. ,,__ ~_, ~-,, ~~~ :~f.: ~- ~. - ~: ~--- -P 00 W 0 `fir CD CD b b ~-. n r•+ 00 J `-~ .P cn r„r .~ y Fem. ~• n r* G v~~ ~ ~ -~~t ~ y ~ /b (D tD O to ~ n W O (D N C p r,~, 'b .... ~ ~ ~. ~ O (D _~ e a c~ a o~.or~ ~o ~ ~ o ~ ~~: ~ i y a~~ ~'d ~ o ~ CD ~ ~ ay ~ ~ o ~ ~ c ~`~ao c~ ~ ~ ~ c ~, ~ a' o o b ~ ~ CAD . p b ~ • ~ C~D ~ CD ~ J i-+ ( CAD A (~ G' '_' ~ ~. y b y ~ ~ O ~ ~ C fD 1 ~ ~ W ~ ~-zz-~ -~ . ~_ ~;. bye on 7~omna.~+,venic.n Saratoga has burned twice. Investigators have determined arson to be the Came Arson the cause of Komina Avenue ` with intentionally set fires," 6e said. atudentsatarted arrtvmgat' _ _ ~ _,. atorzonfirms -' vestt I Sandra Dodge was up during the pre-dawn tarySchootthatmannng~`° g n - hoursthe morning of Sept: 23. From her apart- 4 '17te busned house ~-as de ZISe Of~afllftlabre jtQtltll': mentwindowshesawHamesatthetwo~story ~RhadlxenUoardednpanl - - ~ wooden housei across the street. Dodge;was yfiefore thefirsffire wrass~eCa - the first of several people to call 911 that morn- '~ the house, Bob Bata By JASON $wt~tEy ; ; ing: "By the time I saw it the whole housewas ~'plhnned to tear the ltous He has bees; ruction ~=i 'two-alarm;$`rE lastepteirib~r left't2te engulfed m fiames,^ she said ; .: ~e nei boyhood on Komiba Avenueand ~ . eist ~ t~ ~~n8 house at20626Konnna'Ave a chatted Oak Street is lined with-large trees and close-"r, tear the wrecked-,house drf -wreck Then:=100- ear-old.structure is Y ly spaced apartment buildings and wooden - with a new two-storyhouse . ,..- _. _, still standing asplanstobuildanewhomemtts homes.Saratoga Elementary Schoolisditect- dents:R'aated thehame,d, place:-move forward'and the invesdgationinto :: ly across Komina Avenue from the burned . ;landmark due to its ag>r bat thecause ofthe-fire continues. house. -planning department show ~ "I can venfy_it_was arson," Saratoga fire- ••It could have been much worse,^ Dodge wasdenied: Baratta-Lortor fighter and firetnvesUgator Jeremy.Davis aid. said, noting that the lack of wind keptthe Ere ` " for comment. - :'~; "`We'rebasically finishes Davis is the lead investigator:off the case::He .:' has worked wtth the Santa'Clara County Fire Good for- from spreading to other homes. good timing and good firefighting kept it tune Dam said,°°We're now wa Department "and `the Bureau of :Alcohol, of h ~ , from being a much bigger disaster." U ' come back from thecnme>! gerprints and DNA evtdetu e t earms during the course Tobacco and Fn ` ~ ,, two s 911 ca .; Within minutes of Dodge ~~ be>t ~~ the hous investigation. ; " - -`;; - ~ An arson detection canine named Rosy, `engines from the Saratoga Fire Department and two from the Santa Clara Fire Depart-; e "Inordertomakeanarr+ from the SantarClara Fire Arson Task Force,. mencresponded. Due to the-size of the fire;:; ca1IY three things we want'. s had access to the: he located an area m the house where flammable Capt~ Brad Pt7ce of the Saratoga Fire.I)epar[-: ~t"e and tliatthey had the liqutd was ased~t~ startt~ie~f~ie-Davis said. meat called #ot asecond=alarm. Four more . thcact. _ Tests then confirmed that.the.fire was set- engines from the.Santa Clara County Fire .. "'we're following ttp~ mfentionaIIy ~ ~~~~. ~~~.~~ ~., '. : Afire is 200~t at t-he"hoiise"had already been Department then arrived. Firefighters quickly brought ffie firer under- leads, we';'a ~8 to getas: . under. investigation beforethe second, more control without injuries or serious damage to ~ Po'~Ib~ and 8o from - - - destructive fire tnSeptember Davis said the , neighboring homes; although Debbie Crum- A~cyonewrdtinfosnumosE first"firebas'aLsobeenveri~atson.WVe'.~ : -..mina';hooseneatdoorsustainedsomesootrh- ~tw~nar20626i1Co fire toga FJemen- ~ ,~. .. +eii;total Toss. rn,-:-had orto its Mith the plans to ;place it cal resi- bistoric itsat the available t scene," resalts to said fin- are: good ~c~~o Er C~•b p•~ i~Q~ o ~ g•~ o w ~ C ~`~ Q• p co' O p C ~ O ~3. ~0o ti ~" p; vi 00 . ~, ~ ~i ~,wq„'O~mOpQOR R RCN ~p'»R m °sd"m~.~~ea`~~EyR;•~~mki Roomo m bd d• „•~ p ~. ~ dpi a c (D R~ ~~~ 5~ ~Q;.~fC ? ~~ O 5 a C N v co R a°' ~o+ R »~ p ~ b CT~p 0•p •O m m o, a o0 "c c.m ~ ` ~• ~° ~.ao ~ a f w ~ r ~y ~`c .,, ~ H o 3 R -„ w c ~ ? ~' H c ?7p,y ~ ~ .~R»G.7'm a~c]io~ 3,Wy K O ~ C• a cC '+ C F v ~•p R `.~ Rap., ,0 ~ O .'.' •' .L'. G ~v. ~ ' u•n ^ - v N f v~ a SaC R ti Oo' ~G L. ~' ~ d f: 0 ... R ~ H ~„ ?~•R ~ Ya ~ °o e~~e d o H a ~~~ • c ~ -caa~ ~c.~a ~ ca -~ a ~ R a-v 0 3 •ROO ?~ c coor,•a`e~,rafo~fD~ ..~~ `~e t~ H a~ ?'oNop ~ ~ p'p R ~ ... r, R G, 4 C.AC MfOf!! Ewa C ~ ~~ G.- c. ~ G a' ~ E w ' e' o . er ^. C L' < C p• d p, p~ ~, p fyD r G R .•.~ R i a i~ 7 i~ i (C a _~ ~ ~ ' ~G ~~ a ~'~ Cb ~ ~^'. ~ f ^~ C~ R v C R~ '~' ~ N R. ~ ~yOOf 'C C ~ a ry ~ a c t ~ p ~, 0^ R+t v ~ O F v G R ~., O' ~, a R .. ~ '< ~7 ~ C BOO NO ^= =~ ~Ra~ ]~~ ~e~ya `~ J L f C• C ~_ ~ f C C f~ - m~'oocpo'"7C~ aDC ~~6•w~ Rcoaphf acs ~ c ~ o o ~'~:: ° a~~o•G'~•~ ° ~o.p.~ °'~•~• ~r.o.~ Sy~•d ~Gs m :•o i ~ d'd pry y„m'",• CCd R C~ C~OOO d O~~ p~ R• m R H. O y Ot'9pOCfJ~fOiC "~H.a~d~c pi h '~~' ~ h'H R N w ~~e•Ec»~oy as °'OOm~ cvpg;vrp;.. ~R ~~.a°~ ~•a~•~p'~ O p p O m w Cr~+vRi -w O d Sp H ~ C ~7 ~ CvCi ~fD G.R~, d o co ° m ~ av °,~ '° p w~ ~~eapo ~ '~'' ,o eke gp~e~C y _ a~:-~r:~ ~ .~ .O M•~R ~ ^ y O Ct p~ ~ m Q~ p p R ~ p pi of ~oooZopoao°5~»tod~mm ~ C fC '•' .+ ~ .a 0 ^ ~+ LO~,'SW ?'rR ~m VJR O ~ C.O N0' .m( ~ ~ 'O Bg3Rmom5c~~~^~~ ~~•+ P't 0 0 x 0 ... ~•.+ • l` O ~~ /~ lY ~-+ l l • • r~ ~J Item 3 ~ REPORT TO THE PLANNING COMMISSION • • Applicant No./Location: 06-282; 12280 Saratoga-Sunnyvale Road Suite 101 Type of Application: Conditional Use Permit for Dental Office Applicant/Owner: Vijay Balasubramanian/Gary and Stephanie Hsu (property owners) Staff Planner: Shweta Bhatt, Assistant Planner ~~ Date: May 10, 2006 APN: 386-60-001 Department Head:~~/ John F. Livingstone, AICP 12280 Saratoga-Sunnyvale Road Suite 101 EXECUTIVE SUMMARY CASE HISTORY Application filed: ,, Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 03/01/06 04/06/06 04/26/06 04/22/06 05/04/06 The applicant requests approval of a Conditional Use Permit to establish a dental office within a suite of an existing office building. The subject site is located near the northern City limits and is in close proximity to commercial uses. The zoning designation for the property is C-V (Commercial Visitor). The dental office is proposed to occupy an approximately 1,400 square foot suite on the first floor of the building. STAFF RECOMMENDATION Approve the Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Affidavit of mailing notices, public notice, and mailing labels 3. Photographs of subject site 4. Notice given to existing building tenants by applicant 5. Plans,-Exhibit "A." • Application No. 06-282 (Balasubramanian); 12280 Saratoga Sunnyvale Road, Suite IOI STAFF Ai~1ALYSIS ZONING: C-V (Commercial-Visitor) GENERAL PLAN: C-V MEASURE G: Not applicable (NA) " PARCEL SIZE: NA AVERAGE SITE SLOPE: NA GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: NA - no exterior modifications are proposed. ENVIRONMENTAL DETERMINATION: The proposed project, consisting of the conversion of an existing small structure from one use to another, is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code. • • Application No. 06-282 (Balasubramanian); I2280Sacatoga-Sunnyvale Road, Suite I01 PROJECT DISCUSSION Site Characteristics and Background The dental office is proposed to be located within an existing building known as Saratoga Square near the northern City limits. Access to the building is from the east side of Saratoga-Sunnyvale Road. The building consists of individual tenant spaces that do not have street frontage. A person entering through the. front doors of the building is greeted with a small lobby, a hallway leading to the suites on the first floor, and a stair way leading to the second floor. Parking areas on the site are dispersed between three areas: (1) between the building and the parkway, (2) at the rear of the building, and (3) an underground parking lot. The applicant is not proposing any exterior changes to the building or the site with this application. Commercial uses exist across the street and around the subject project site. A site identification sign currently exists on the parkway. No new signage is proposed with this application. Proposed Dental Use as a Conditional Use This application for a Conditional Use Permit (CUP) is to establish a dental office serving both children and adults in Suite 101 of the building. A CUP is required to establish a medical use in the Commercial-Visitor (CV) zoning designation pursuant to Saratoga Municipal Code (SMC) Section 15-19.040(b)(3). ~J The subject building consists of varying types of offices. As stated above, none of the tenant spaces have street frontage -and access to them is limited to interior corridors or from the underground parking area via an elevator. Some examples of existing uses within the building include: insurance services, financial services, accounting services, a musical studio, and medical offices. A dental office currently exists in the building and was approved by the Planning Commission with Use Permit 90-008 at their September 26, 1990 meeting with a 7-0 vote. The subject tenant space is located on the first floor and is approximately 1,400 square feet. The suite is currently vacant. The applicant plans to submit a tenant improvement plan to establish a reception/waiting area, four patient rooms, and office area. The office will serve patients between the hours of gam-Spm on weekdays. A condition regarding hours of operation has not been added to the- resolution to allow for some flexibility in operating the dental office. Economic Impacts General Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all land use decisions on the City." Staff finds that a retail use will likely not choose this building for tenancy, given: (1) the individual tenant spaces do not have street frontage, (2) the building is setback and separated from the street by a parking lot, and (3) other office uses are already in the building. Due to the lack of street frontage and the existing configuration of the building, it is not viable to create a storefront for a retail use occupying an individual tenant space. The parking lot between the building and the parkway reduce the walkability of the site and discourage pedestrian access. Therefore, Staff finds the medical use to be appropriate for the site. Application No. 06-282 (Balasubramanian); 12280 Saratoga Sunnyvale Road, Suite 101 Parking and Circulation The subject site has three parking areas: between the building and the street, at the rear of the building, and underground parking. The applicant has provided plans that appear to be construction documents for the building. Based on these plans, the building was built with a parking ratio of 1 space per 411.9 square feet. The current code requires parking for professionaUadministrative offices, intensive retail, or medical offices at a ratio of 1 space for each 200 square feet (SMC Section 15-35.030). Therefore, for office, retail, or medical uses, parking provided on the site is substandard when compared to current code requirements. However, Staff has observed the site during morning and afternoon hours and observed that adequate parking is available. Public Comment Staff has not received any comments at the time of writing this staff report. The applicant has notified many of the existing tenants within the building and has not received any comments at the time of writing this staff report. Use Permit Findings The proposed project supports the findings for Use Permit approval; therefore, staff recommends that the Planning Commission approve the proposed project based on the following findings: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use in the designated zoning district. The dental off ce will add to the mixture of uses currently in the building. Given the configuration of the existing building and the parking lots, anon-retail use such as an office or a medical use will likely to be preferred by prospective tenants. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties. or improvements in the vicinity in that the operation of a dental office is typically not intrusive in -terms or noise, odor, or other sources of pollution to the surrounding areas. Appropriate conditions have been placed on the use permit to ensure compliance with code requirements. The dental -off ce will be open for business during normal business hours and will enhance the medical services offered to the residents of the City. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the appropriate conditions have been placed on the use permit to ensure compliance with code requirements. The proposed dental use is not atypical for the type of building the tenant space is located in and will complement the uses that currently exist in the building. • The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the Application No. 06-282 (Balasubramanian); 12280 Saratoga-Sunnyvale Road, Suite 101 occupants thereof in that the proposed dental off ce is similar or complimentary to the surrounding uses. Additionally, the dental office may attract more visitors to the area and therefore may result in additional customers for other businesses in the general vicinity of the subject property. Conclusion The project satisfies all of the findings required within Section 15-55.070 of the SMC. The proposed dental office is not expected to be detrimental to the public health, safety or welfare nor is it expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to medical uses. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve use permit application number 06-282 by adopting the attached Resolution. • • Application No. 06-282 (Balasubramanian); 12280 Saratoga Sunnyvale Road, Suite 101 RESOLUTION NO. • Application No. 06-282 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Vijay Balasubramanian; 12280 Saratoga-Sunnyvale Road Suite 101 (Property Owners Gary and Stephanie Hsu) WHEREAS, the City of Saratoga Planning Commission has received an application for Conditional Use Permit approval to establish a dental office in Suite 101 of the existing building located at 12280 Saratoga-Sunnyvale Road (Saratoga Square); and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes establishment of a dental office is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for the Implementation of CEQA. This exemption consists of the conversion of an existing small structure from one use to another; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Saratoga Municipal Code Section 15-55.070: That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use in the designated zoning district. The dental office will add to the mixture of uses currently in the building. Given the configuration of the existing building and the parking lots, anon-retail use such as an off ce or a medical use will likely to be preferred by prospective tenants. . • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity in that the operation of a dental office is typically not intrusive in terms or noise, odor, or other sources of pollution to the surrounding areas. Appropriate conditions have been placed on the use permit to ensure compliance with code requirements. The dental off ce will be open for business during normal business hours and will enhance the medical services offered to the residents of the City. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the appropriate conditions have been- placed on the use permit to ensure compliance with code requirements. The proposed dental use is not atypical for Application No. 06-282 (Balasubramanian); 12280 Saratoga-Sunnyvale Road, Suite l0l the type of building the tenant space is located in and will complement the uses that • currently exist in the building. • The proposed conditional use will not adversely affect existing or anticipated uses in the. immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof in that the proposed dental office is similar or complimentary to the surrounding uses. Additionally, the dental office may attract more visitors to the area and therefore may result in additional customers for other businesses in the general vicinity of the subject property. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1.-After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 06-282 for Use Permit approval is hereby granted subject to the following conditions: COMMUNTY DEVELOPMENT 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, impose any new conditions of the permit to preserve the public health, safety, and welfare. • 2. The dental office shall operate as represented on the plans marks "Exhibit A." 3. Any intensification of this use shall require an amended Conditional Use Permit. 4. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit to the Community Development Department verification from the Santa Clara County Health Department showing proof of compliance of the proposed facility with the Heath Department's requirements. 5. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 6. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit to and obtain approval from the Community Development Department for a business license. 7. 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. Application No. 06-282 (Balasubramanian); 12280 Saratoga-Sunnyvale Road, Suite l01 FIRE DEPARTMENT 1. The applicant shall comply with all requirements of the Santa Clara County Fire Department (attached). Section 2. Construction must be commenced within 24 months from the date on which this Use Permit became effective or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 10th day of May 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda Rodgers, Chair, Planning Commission ATTEST: John F. Livingstone, AICP, Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within -the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date AFFIDAVIT OF MAILING NOTICES . I, Denise Kaspar ,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 22nd. day of April , 2006, that I deposited in the United States Post Office, 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 described as: 386-60-001-12280 Saratoga -Sunnyvale; that on said day there was regular communication by United States .Mail to the addresses shown above. ~ ~~, ~~ enise Kaspar Advanced Listing Services C7 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 10 day of May 2006, 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 Friday office closures. APPLICATION/ADDRESS: UP 06-282 - 12280 Saratoga-Sunnyvale APPLICANT: Balasubramanian APN: 386-60-001 S DESCRIPTION: The applicant requests approval of a conditional use permit to establish a dental office in an approximately 1,400 square-foot tenant space in the existing office building located at 12280 Saratoga-Sunnyvale Road (Saratoga Square). The site has a Commercial- Visitor (CV) zoning designation 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 Monday, May 1st, 2006. 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. Shweta Bhatt Assistant Planner • 408-868-1266 April 21, 2006 '`~"•~' Ownership Listing spared for: =~6-60-001 ~' X11 ;'280 Saratoga Sunnyvale Rd Saratoga Ca 95070-3065 366-12-065 366-12-054 366-12-066 Whitelaw Properties Llc Zoe Alameda-Farotte Dolores Oliver-Jamhour or Current Resident 1033 Windsor St 17330 Locust Dr San Jose Ca 95129-2836 12341 Saratoga Sunnyvale Rd Los Gatos Ca 95033-8632 Saratoga Ca 95070-3060 366-20-041 366-20-043 366-12-072 Jerry & Ruby Wei Anthony D & Mabel Chan 1'?~blic Storage Props Ix Inc or Current Resident or Current Resident ?C) Box 25025 a~?endale Ca 91221-5025 20511 Manor Dr 12554 Manor Dr Saratoga Ca 95070-3013 Saratoga Ca 95070-3000 ~i ±i: 366-36-002 366-36-003 *;t-35-019 366-36-001 366-35-021 Lori A Ellingboe Chang-Lee Chan yak. Creek Investments or Current Resident or Current Resident ~.. _ 1241 Saratoga Sunnyvale Rd 12347 Julie Ln 12343 Julie Ln Saratoga Ca 95070-3082 Saratoga Ca 95070-3044 Saratoga Ca 95070-3044 366-36-004 366-36-005 366-36-006 Helen Feller Gerald R Harp Robert & Deborah Rodin or Current Resident or Current Resident or Current Resident 12339 Julie Ln 12335 Julie Ln 12331 Julie Ln Saratoga Ca 95070-3043 Saratoga Ca 95070-3043 Saratoga Ca 95070-3043 366-36-007 366-36-008 366-36-009 Tenathan M & Mari Kaplan Mercedes F-Tan James W & Barbara Moore tier-current Resident or Current Resident or Current Resident '''327 Julie Ln ; ; 12324 Julie Ln 12320 Julie Ln :: ~:, ".'-'ratoga Ca 95070-3043 Saratoga Ca 95070-3042 Saratoga Ca 95070-3042 `''`'!"s-36-010 366-36-011 366-36-012 ,' `:y C Gillis Alice Tang Joseph G & Valerie Marvin or,:~urrent Resident or Current Resident or Current Resident 12316 Julie Ln 12312 Julie Ln 12308 Julie Ln Saratoga Ca 95070-3042 Saratoga Ca 95070-3042 Saratoga Ca 95070-3042 366-36-034 366-56-001 366-56-002 Xinbi Chen ,James & Celia Kan Christopher Hon or Current Resident or Current Resident or Current Resident 12319 Julie Ln 18088 King Ct 18060 King Ct Saratoga Ca 95070-3043 Saratoga Ca 95070-3057 Saratoga Ca 95070-3057 366-56-003 366-56-004 366-56-005 ~kong Q Hua Gary A Land Julie Knapp r~x Current Resident or Current Resident or Current Resident "?'026 King Ct 18018 King Ct 18196 Kenyon Ct :'~Tatoga Ca 95070-3057 Saratoga Ca 95070-3057 Saratoga Ca 95070-3056 • • • ~:-„: t:;,~: .; ~~ ~''~ ?:(6-56-006 366-56-007 366-56-021 ;:.athy Ushiba Gregory & Renee Fujii Jas or Current Resident or Current Resident 623 Spur Rd 18228 Kenyon Ct 18136 Arroyo Ln ~terey Ca 93940-6666 Saratoga Ca 95070-3056 Saratoga Ca 95070-3054 366-56-022 366-56-023 366-56-024 Hiroyuki & Chiharu Matsunami John & Meiling Whitney Ellis Hung or Current Resident or Current Resident or Current Resident 18188 Kenyon Ct 18000 King Ct 18118 Arroyo Ln Saratoga Ca 95070-3056 Saratoga Ca 95070-3057 Saratoga Ca 95070-3054 366-56-025 366-56-026 366-56-027, 028 Jung-Ming Tarng Bhola N & Rati Mehrotra Saratoga Courtyards Llc or Current Resident or Current Resident 1855 Park Ave 17998 Arroyo Ln 17990 Arroyo Ln San Jose Ca 95126-1635 S.~iratoga Ca 95070-3053 Saratoga Ca 95070-3053 a~`~5-30-001 386-30-002 386-30-003 `'-""cart P & Beverly Fitzpatrick Esther & Alexander Ko Carolyn Bautista ~<, torrent Resident 20703 Greenleaf Dr or Current Resident 1.410 Kirkmont Dr Cupertino Ca 95014-1907 12190 Kirkdale Dr Saratoga Ca 95070-3120 Saratoga Ca 95070-3149 386-30-004 386-30-005 386-30-006 Richard J & Barbara Brendlen Gordon R Smart Ye Chao & Zhang D or Current Resident or Current Resident or Current Resident 12200 Kirkdale Dr 12222 Kirkdale Dr 12236 Kirkdale Dr Saratoga Ca 95070-3149 Saratoga Ca 95070-3149 Saratoga Ca 95070-3149 ~ 30-007 386-30-008 386-30-009 John F & Susanne Mallory William R & Betty Benevento Tien-Wei Jen or Current Resident or Current Resident or C~u-rent Resident 12258 Kirkdale Dr 12270 Kirkdale Dr 20390 Knollwood Dr Saratoga Ca 95070-3149 Saratoga Ca 95070-3149 Saratoga Ca 95070-3121 °i~5-30-010 386-30-011 386-30-012 `~=~ichael D Steele Charles A Hamilton Kenichi & Tomoko Katashiba >.Current Resident or Current Resident or Current Resident =x;376 Knollwood Dr 20364 Knollwood Dr 20342 Knollwood Dr ~ratoga Ca 95070-3121 Saratoga Ca 95070-3121 Saratoga Ca 95070-3121 386-30-013 386-30-014 386-30-035 Wu Trust Michael R & Angela Frazier Marvin J Pennington or Current Resident or Current Resident 6447 Shadow Hawk Dr 20320 Knollwood Dr 20308 Knollwood Dr Citrus.Heights Ca 95621-8307 Saratoga Ca 95070-3121 Saratoga Ca 95070-3121 386-30-036, 037, 038 386-30-039 386-33-051 Johri Oliver Richard G & Mariette Williams Grace Ma PO Box 729 or Current Resident or Current Resident Mendocino Ca 95460-0729 12230 Saratoga Sunnyvale Rd 20329 Knollwood Dr Saratoga Ca 95070-3079 Saratoga Ca 95070-3131 ~3-052 386-33-053 386-33-054 ld V & Mary Bruni Choy Li Ru-Yu & Tien-Lo Liang '`~';5 -Loma Alta Ave or.Current Resident or Current Resident a:is Gatos Ca 95030-6226 20363 Knollwood Dr 20385 Knollwood Dr ;._. Saratoga Ca 95070-3131 Saratoga Ca 95070-3131 A~; %j'. ~?86-33-055 386-33-056 386-33-057 Bu-Chin & Rhoda Wang Ron P & Lizbeth Clark Pau & Miyabi Chen or Current Resident or Current Resident 12947 Arroyo De Arguello 12231 Kirkdale Dr 12219 Kirkdale Dr Saratoga Ca 95070-3707 Saratoga Ca 95070-3116 Saratoga Ca 95070-3116 386-33-084 _ 386-33-085 386-52-020 Robert A & Linda Connors Su Chien-Sheng & Jing-Shio C Iouri Feinberg or Current Resident or C~xrrent Resident or Current Resident 20320 Kirkmont Dr 20300 Kirkmont Dr 20305 Sea Gull Way ,Saratoga Ca 95070-3118 Saratoga Ca 95070-3118 Saratoga Ca 95070-3126 386-52-021 386-52-022 386-52-023 ~"'i:n & Jennifer Yue Ella M Pent' Robert & Debbie Shen ;,';Current Resident or Current Resident 20600 Debbie Ln <~ X315 Sea Gull Way 20325 Sea Gull Way Saratoga Ca 95070-4827 ~:~~~aratoga Ca 95070-3126 ;:.. Saratoga Ca 95070-3126 386-52-024 386-52-025 386-52-026 Alice & George Liu Jeffrey K Levalley Arvin & Dale Engelson or Current Resident or Current Resident or Current Resident 20353 Sea Gull Way 20367 Sea Gull Way 20381 Sea Gull Way Saratoga Ca 95070-3126 Saratoga Ca 95070-3126 Saratoga Ca 95070-3154 386-52-027 386-52-028 386-52-029 Haojiang Li Yimei Deng Roy M Welch or Current Resident or Current Resident 12340 Saratoga Sunnyvale Rd 10 20395 Sea Gull Way 20409 Sea Gull Way Saratoga Ca 95070-3084 Saratoga Ca 95070-3154 Saratoga Ca 95070-3127 3R6-52-030 386-53-009 386-53-010 386-52-031 386-52-032,033 ~l~bodan & Margaret Galeb Jeffrey J & Lynn Walker Mammini Corporation ~r Current Resident or Current Resident 333 W Santa Clara St 280 .=`?437 Sea Gull Way 20451 Sea Gull Way San Jose Ca 95113-1714 ~~~ratoga Ca 95070-3156 Saratoga Ca 95070-3127 3&6-52-034 386-52-035 386-52-036 Victor A & Elizabeth White Imtiaz & Yasmin Hussain Wan Loh or Current Resident or Current Resident or Current Resident 20393 Zorka Ave 20338 Sea Gull Way 20324 Sea Gull Way Saratoga Ca 95070-3133 Saratoga Ca 95070-3125 Saratoga Ca 95070-3125 386-52-037 386-52-045 386-52-046 Kin M Kan Richard C & Anna Barranco Karole J Utley or Current Resident or Current Resident or Current Resident 20310 Sea Gull Way 20349 Zorka Ave 20351 Zorka Ave Saratoga Ca 95070-3125 Saratoga Ca 95070-3133 Saratoga Ca 95070-3133 :i86-52-047 386-53-002 386-53-003 ?~:irit D & Damyanti Patel Stephen Peng Hung-Chin Guthrie F Current Resident or Current Resident or Current Resident ~'~:!381 Zorka Ave 20436 Sea Gull Way 20422 Sea Gull Way ~«aratoga Ca 95070-3133 Saratoga Ca 95070-3128 Saratoga Ca 95070-3128 386-53-004 386-53-005 386-53-006 Nilda F Mendelson Karen J Savala Eric X Yang or Current Resident or Current Resident or Current Resident 20408 Sea Gull Way 20394 Sea Gull Way 20380 Sea Gull Way Saratoga Ca 95070-3128 Saratoga Ca 95070-3128 Saratoga Ca 95070-3128 • • • 386-53-008 386-53-031 386-53-033 Slobdan & Margaret Galeb Crossing Azule Teresa A Louie 12335 Goleta 12314 Saratoga Sunnyvale Rd 1133 Via Paraiso ~oga Ca 95070 Saratoga Ca 95070-3084 Salinas Ca 93901-3810 386-53-034 386-53-037 386-53-038 Robert & Jamie Chan Jie Sun Tse Chen or Current Resident or Current Resident or Current Resident "1.806 Harvest Ln 18026 Harvest Ln 18032 Harvest Ln Saratoga Ca 95070-3159 Saratoga Ca 95070-3159 Saratoga Ca 95070-3159 ~~6-53-039 386-53-040 386-53-041 Surinder S & Gurdeep Chawla Santosh S & Shilpa Shanbhag Li Trust or Current Resident or Current Resident 18630 Starrett Ct 18050 Harvest Ln 18068 Harvest Ln Cupertino Ca 95014-3863 Saratoga Ca 95070-3159 Saratoga Ca 95070-3159 386-53-045 386-53-046 386-53-047 Min & Tessa Shao Kam Chan Alexis K & Catrina Salazar or Current Resident or Current Resident or Current Resident 18079 Harvest Ln 18037 Harvest Ln 18029 Harvest Ln Saratoga Ca 95070-3160 Saratoga Ca 95070-3160 Saratoga Ca 95070-3160 386-53-048 ~ 386-53-049 386-53-050 Jawed Hasan Sunghun Choi Peter & Yuka Tzavaras or Current Resident or Current Resident or Current Resident ;3021 Harvest Ln 18015 Harvest Ln 18128 Harvest Ln varatoga Ca 95070-3160 Saratoga Ca 95070-3160 Saratoga Ca 95070-3163 53-051 386-53-052 386-57-002 ~~nsing Wong Kevin S Huey Edward C & Vivian Mclaughlin or Current Resident or Current Resident 2171 Manzanita Ave 18117 Harvest Ln 18101 Harvest Ln Menlo Park Ca 94025-6539 Saratoga Ca 95070-3160 Saratoga Ca 95070-3160 386-57-003 386-57-004- 386-57-005 Wang Man Irene Rothbaum Katharine H Walker or Current Resident PO Box 810490 2010 W Cliff Dr 12239 Atrium Cir Dallas Tx 75381-0490 Santa Cruz Ca 95060-6253 Saratoga Ca 95070-3102 386-57-007 386-57-008 386-57-006 Cuie Zhao Ralph R Vanhine v[ahendra & Jaymari Ranchod or Current Resident or Current Resident '220 Waverley St 12263 Atrium Cir 12269 Atrium Cir 1'a.lo Alto Ca 94301-4141 Saratoga Ca 95070-3102 Saratoga Ca 95070-3107 ~Rb-57-009 386-57-010 386-57-011 Roselle Dance John M Thompson Manjunath Ramaiah or Current Resident or Current Resident or Current Resident 12275 Atrium Cir 12281 Atrium Cir 12287 Atrium Cir Saratoga Ca 95070-3107 Saratoga Ca 95070-3107 Saratoga Ca 95070-3107 ~7-012 386-57-013 386-57-014 atore R & Onorina Furiosi Gail Sheirbon Chamberlain 12792 Miller Ave or Current Resident or Current Resident Saratoga Ca 95070-4029 12299 Atrium Cir 12296 Atrium Cir Saratoga Ca 95070-3107 Saratoga Ca 95070-3101 386-57-015 Sridhar & Vishall Tirumala or Current Resident 12290 Atrium Cir Saratoga Ca 95070-3101 :38.5-57-018- 7orgjae & Kun Lee or Current Resident :}:2230 Atrium Cir :Saratoga Ca 95070-3101 386-57-021 John H & Nola Heindel PO Box 3452 Saratoga Ca 95070-1452 386-60-002 John E Keenan or Current Resident 12280 Saratoga Sunnyvale Rd 201 Saratoga Ca 95070-3066 3~6-60-005 386-60-007, 017, 019 ~~nrvajit Thakur '?1537 Saratoga Heights Dr `=a:ratoga Ca 95070-5758 386-60-009, 011 Sanjay & Shilpi Minocha 1027 Calaveras Ridge Dr Milpitas Ca 95035-3459 386-60-013, 015 Duane & Suzie Fong or Current Resident 12280 Saratoga Sunnyvale Rd 113 Saratoga Ca 95070-3065 :3.86-60-018, 020 taefanis M Cunningham ~:h 'Kite Hill Rd ~~nta Cruz Ca 95060-1419 386-60-023 Girard F & Mary Caracciolo or Current Resident 12280 Saratoga Sunnyvale Rd 110 Saratoga Ca 95070-3065 386-57-016 Yeh Trust or Current Resident 12284 Atrium Cir Saratoga Ca 95070-3101 386-57-019 Ursula Anderson or Current Resident 12224 Atrium Cir Saratoga Ca 95070-3101 386-57-022 Sachi E & Tatsuko Adachi 20431 Cunningham Pl Saratoga Ca 95070-4327 386-60-003 Hwai Hsi or Current Resident 12280 Saratoga Sunnyvale Rd 103 Saratoga Ca 95070-3065 386-60-006 Shigeru Sasaki ' or Current Resident 12280 Saratoga Sunnyvale Rd 205 Saratoga Ca 95070-3066 386-60-010 H M Chen or Current Resident 12280 Saratoga Sunnyvale Rd 209 Saratoga Ca 95070-3066 3 86-60-014 Bezdjian Ara R 1922 The Alameda 214 San Jose Ca 95126-1430 3 86-60-021 Girard F & Mary Caracciolo or Current Resident 12280 Saratoga Sunnyvale Rd 112 Saratoga Ca 95070-3065 386-60-024 Roy S Wolf or Current Resident 12280 Saratoga Sunnwale Rd 210 Saratoga Ca 95070-3066 386-57-017 Cecil S & M Blinn PO Box 3452 Saratoga Ca 95070-1452 386-57-020 Frances Reigelman or C~xrrent Resident 12218 Atrium Cir Saratoga Ca 95070-3101 386-60-001 Lindy Properties I or Current Resident 12280 Saratoga Sunnyvale Rd 101 Saratoga Ca 95070-3065 386-60-004 John E Keenan or Current Resident 12280 Saratoga Sunnyvale Rd 203 Saratoga Ca 95070-3066 386-60-008 Andy Liu 2023 Hayworth Dr San Jose Ca 95148-1244 386-60-012 Donald P & Susan Duvall 18570 Blythswood Dr Los Gatos Ca 95030-3005 386-60-016 386-60-031 Nmsbpcsldhb PO Box 2460 Saratoga Ca 95070-0460 386-60-022, 025 Roy S Mollard PO Box 1235 Saratoga Ca 95071-1235 386-60-026, 032 Granum Limited PO Box 2460 Saratoga Ca 95070-0460 386-60-027 386-60-028,030 386-60-029 Emspec Llc Kosich Construction Co Emspec Llc or Current Resident 18867 Kosich Dr or Current Resident 12280 Saratoga Sunnyvale Rd 106 Saratoga Ca 95070-3512 12280 Saratoga Sunnyvale Rd 104 Saratoga Ca 95070-3064 Saratoga Ca 95070-3064 . ~~ ~J • • oNO eco o ~ ~~ ~~ N fA O ~ t ~+. ~ ~ ~ ~ ~ ~ Y O ~ w +~+ m t Q d ~ O ~ ~ .t ~' ;~ a c c ~ a~ cn o a~ 0 ... 0 N N' r ~~~: ~~ 2.c'7 t/_':7 ~~~` F f i ...,.~ '., v~~,. ~~ a i k. ~~ C .~ .~ w V d ~~ N 0 3 .~ L N~~y IL N C ~O ,'~~, 00 c0 o to ~` ~•~N~ O ~ t ~+ a ~ ~ ~ ~:.~ ~ ~_ _ ~ ~ m i~= ~ o y ~,"~s ~ ~ N ! wm s a _d ~ o ~ ~ L ~' ~° a c c ~ m ~~ ea a- r R V O 00 N N r i k.: ' - l .. ~. `~ ii ,~ ~~ ~- _ `s :~ , ~~ rt ;, ~ .~ .. ~. _ 7 =S?;S +a `,- a d d L W+ •+ N L V N ~~ L E E 0 v r: 3 s .,~ • Dental Office Suite 101 Hello, This is to communicate that we are planning to .open a dental office in suite #101.. Regards. Dr. Arathi R. Tiruvur, D.M.D. "Dr. T" is a general dentist with over 7 years of general and pediatric dentistry experience. She is a 1997 graduate of Tufts University School of Dental Medicine, Boston. She is a Saratoga resident. Outside of dentistry she spends time with her family, relatives and friends. Dr. Usha Y. Reddy, D.M.D. "Dr. Reddy" is a general dentist with over 7 years of general and pediatric dentistry experience. She is a 1996 graduate of Boston University School of Dental Medicine, Boston. She is a Santa Clara resident. Outside of dentistry she spends time with her family, relatives and friends. Contact atiruvur@hotmail . c om (408) 239-6733 The following tenant spaces were given this notice by the applicant: 103 105 106 108 109 111 112 115 116 201 202 203 204 205 206 207 208 209 210 216. • • • LW r Q h Q M~ L'iA VJ Q O. 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'', _~I _ u5 1 y-~ V /i Fa•- t._ _. -. ___- _ - - - ~W' Y'! q a ;, k ~ ~ n. ~ ~ W 'I' - ~,: 'v'J `~ t ~ I 1 ~ 0 s - -- a W D -Old` T"7'"`~-.~~-~ - I o ~C ~~' a I o r , N N _ ~ 6`~ ~ - ~ I i~. .. ,~ - _ n N: ~ i i N~ ~ I ~` - _ N _. -- - - , I I ~i:: O ; ~ _ I6 9~' _j r ~ ~ ~ ~; _ , n o ~ : ~ -i I 0 o , . ~ ~ ~4~ rI - -~- ~ , ~ i ---...~_-_ _-... _.. 0 - Pt i -- _. - - ° _ _ -__ - I ~. ~ a o. T _ b M I - - w _:. _ _ _ o I ,+~ I u.,^ 1 ~ j~ , - ._ _. t _ I ----~ k ---~--- --- _.. - -- -- --- -~- _-.. ._,4 :~Z{l_ - __._ - ...bio .5Z' _-~.~--. bio1~.:Z ~I - ~.. 1 11 '~ ~..t~ LL. I ~ i ,'J '. i ,I • • • Item 4 ~ REPORT TO THE PLANNING COMMISSION Application No./Location: Type of Application: ApplicantlOwner: Staff Planner: Date: APN: • 06-309/19234 Citrus Lane Design Review Metro Design Group/Warren & Lee Bell~~f Therese M. Schmidt, Associate Plann~e~~l~ May 10, 2006 510-06-047 Department Head• ~~(~-i~ John Livingstone, AICP, Dine ,;. ~~ ~1; ' ~ ;; I ,: .. 1~ I r ~ ~ .~ i= ~ i- \ ` / i lam'-~ ~ T. ~ ~\ / -}". ' ~ ,.. . ~~ _ ~ V 0 150 90y~%i 05 ~ `~dW 750' ~ v ~ _- , ' •'~; .79234 (]true Lane "~ ~ ~ ~ j i~ i ~~~~ 1 ~ Q 500 ft Notice ..', _- .~ // ~1~ '~ .~ ~~. _._--l ~,. ,/ /~ ,i 19234 Citrus Lane Application No. 06-309; 19234 Citrus Lane/Bell EXECUTIVE SUMMARY CASE HISTORY: Application filed: 03/17/06 Application complete: 04/13/06 Notice published: 04/26/06 Mailing completed: 04/26/06 Posting completed: 04/18/06 PROJECT DESCRIPTION: The applicant requests Design Review Approval to demolish asingle-story residence and construct a new single-story residence with an attached three-car garage and secondary dwelling unit. A swimming pool is also proposed. The total floor area of the proposed residence will be 6,598 square-feet including the attached garage and secondary dwelling unit. The maximum height of the proposed residence will not be higher than 25-feet. The net lot size is 40,296 square-feet and the site is zoned R-1-40,000. STAFF RECONIlVIENDATION: Staff recommends the Planning Commission approve the application for Design Review with required findings and conditions by adopting the attached Resolution. r~ L~ • L 2 Application No. 06-309; 19234 Citrus LaneBel[ ~..J • • STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 40,296 Sq. Ft. (Gross & Net) AVERAGE SITE SLOPE: Less than 10% GRADING REQUIRED: None Proposed PROJECT DATA: Lot Building Coverage: Covered Porches Driveway Tennis Court Swimming Pool Patios & Walks TOTAL PROPOSED Floor Area: Home & Garage Home Garage 2na Dwelling TOTAL PROPOSED Setbacks: Height: Front Rear Side (E) Side (W) Proposed Residence Proposal Code Requirements 6,598.53 sq. ft. 406.65 sq. ft. 2,388.58 sq. ft. 6,103.83 sq. ft. Maximum Allowable with 2na 873.16 sq. ft. Unit Deed Restriction for low- 1,686.24 scLft. income rental -plus 10% 18,056.99 sq. ft. 18,133.20 sq. ft. (44.81 %) (45%) 5,350.94 sq. ft. Maximum Allowable with 2na 812.34 sq. ft. Unit Deed Restriction for low- 435.25 sq. ft. income rental -plus 10% 6,598.53 sq. ft. 6,622 sq. ft. Min. Requirement 1-story 43 ft. - 6 in. 30 ft. 62 ft. - 4 in. 50 ft. 20 ft. 20 ft. 35 ft. 20 ft. Maximum Allowable 25 ft. 26 ft. 3 Application No. 06-309;19234 Citrus Lane/BeU ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the Environmental Quality. Act (CEQA) pursuant Section 15303, "l~iew Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The existing home proposed for demolition is less than 50-years old and has not been identified as a cultural resource. PROJECT DISCUSSION Zoning Code Section 15-45.060(3) requires Design Approval by the Planning Commission for construction of any single-story structure over 18-feet in height. Zoning Code Section 15-45.060(6) requires Design Approval by the Planning Commission whenever the gross floor area of all structures on the site exceeds six thousand square-feet. The applicant requests Design Review Approval to demolish an existing home and construct a new single- storyhome in excess of 18-feet in height with an overall floor area in excess of 6,000 sq. ft. The applicant is proposing an asymmetrical French Eclectic architectural style based on typical characteristics found in common rambling French farmhouses. Characteristic architectural features include: a steeply pitched hipped roof, dormer windows, the front door is off-set within an enclosed porch, a mix of window styles including standard square as well as arched frames, wood shutters, and a mix of exterior building materials including stucco, wood, brick, and stone. The proposed color pallet is muted earth tones consisting of three colors utilizing dark beige for the stucco exterior, cream for exterior doors and window finishes, and darker brown for the wood shutters. Gray slate is proposed for the roof and stained wood is proposed for the garage doors. Brick and stone ascents will also be incorporated. The three-car garage does not dominate the front facade. The garage is attached to the main residence; however, it has been attached as an "L" with the garage doors parallel to Citrus Lane. Three windows along the north facade with shutters as well as a false "second-story" balcony with decorative railing has been added to the garage's north elevation to soften the visual impact of the garage from the view of Citrus Lane. Three dormer windows have been added to the garage's roof on both the east and west elevations. The dormers provide an illusion that the garage is actually part of the main residence. Staff expressed concerns to the applicant that the attic space above the garage could be used as habitable floor area given the 11-foot vertical clearance and overall square-footage of the space. If the area is calculated into the current floor area the application would exceed maximum floor area allowed. Staff proposed a condition of approval requiring a deed restriction prohibiting conversion of the attic into habitable space to the applicant. The applicant has agreed to the condition, which has been incorporated into the attached resolution. 4 Application No. 06-309; 19234 Citrus LaneBell Secondary Dwelling Unit The applicant is proposing a 435.25 sq. ft. attached secondary dwelling. Per Municipal Code Section 15-56.030(d) the applicant is requesting cone-time ten percent increase in site coverage and allowable floor area. In order for the request to be granted the applicant must record a deed restriction limiting rental of the unit to below market rate households. As conditioned, the applicant meets the requirements of the Code. Neighbor Correspondence The applicant has circulated the City's Neighbor Notification Form and has received six responses (copies of the Forms are located in "Attachment 3"), none of which have expressed issues or concerns. Geotechnical Clearance Geotechnical Clearance is not required for this application. Trees There are eight (8) protected trees on the subject site. They include three (3) Deodar Cedar, three (3) Blue Atlas Cedar, and two (2) Coast Redwoods. No trees are proposed for removal. During the initial review process the City's arborist determined that the proposed driveway could impact one of the protected trees and requested a redesign as a condition of approval. The applicant has incorporated the design change in the proposed plans, which are attached as "Attachment 5." A Tree Protection Bond in the amount of $48,700.00 shall be required to ensure that conditions of approval are adhered too. General Plan Findings The proposed project is consistent with the General Plan including the following Goals and Policies: Conservation Element Policy 6 0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development The proposal, consisting of a single-family home with a maximum height of 25-feet, will not block the views of the surrounding hills from neighboring parcels, nor will it be visible from major streets. The new structure is proposed in the same general location as the existing residence. The proposed architectural style of French Eclectic Farmhouse will blend with the rural atmosphere of Saratoga. No trees are proposed for removal; however, additional trees are proposed providing additional vegetation and softening the visual impact of new construction. • 5 Application No. 06-309; 19234 Citrus Lane/Bell Land Use Element Policy S.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. As conditioned, the application meets the Findings required for Design Approval. The proposed square footage and height is comparable to the neighborhood. The existing neighborhood consists of a variety of architectural styles. The architectural style proposed will provide additional variety lending to a unique neighborhood with a distinct sense of place. Housing Element Goal 1 - To accommodate the City's Fair Share of the Bay Area Regional Housing need for all income groups. As conditioned, the applicant will be constructing an attached secondary dwelling unit that will be deed restricted to record an affordability covenant restricting occupancyof their second unit to very low or low income households at an affordable rent level. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in MCS 15-45.080: (a) Avoid unreasonable interference with views and privacy. The maximum height of the proposed dwelling is 25-feet. The structure will be approximately 43-feet 11- .inches from Citrus Lane, 62-feet 4-inches from the rear property line, and ranging from 20-feet to 35-feet from the side-yard property lines. The proposed footprint is in essentially the same location as the existing footprint with a small expansion to accommodate the proposed reorientation of the garage entrance. The proposal will not unreasonably interfere with the views from Citrus Lane or the privacy of abutting neighbors. (b) Preserve Natural Landscape. The proposal will preserve the natural landscape. No protected trees are proposed for removal. In addition, grading will not be required and the proposed location of the new residence is in approximately the same location as the existing home; therefore, there will be minimal impact to the site. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of protected Native and/or Heritage Trees. In addition, the proposal, as conditioned, would not impact protected Native and/or Heritage Trees. (d) Minimize perception of excessive bulb The proposal incorporates varying rooflines and exterior building materials to reduce the perception of excessive bulk. The applicant is proposing a neutral color pallet, consisting of beige and creams for the exterior building and window trim which will also reduce the perception of excessive bulk. In addition, the applicant is proposing greater set-backs .than are required, which will also reduce the visual impact of the structure from the street and abutting neighbors' view sheds. L~ 6 Application No. 06-309; 19234 Citrus LanelBell (e) Compatible bulk and height. Residences in the area are predominately one. and two-story. The proposal is compatible in bulk and height with the neighborhood. (f) Current grading and erosion control methods. Since the building- site is relatively flat and the proposed construction is in the general area of the existing residence, no grading is proposed. In addition, the proposal shall conform to the City's current grading and erosion control standards. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above and staff report. Conclusion Staff finds that all of the Design Review findings can be made in the affirmative and the proposal is consistent with the General Plan. STAFF RECOMMENDATION Staffs recommends the Planning Commission find this Application exempt from CEQA and approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval. 2. Affidavit of Mailing Notices. Public Hearing Notice, Mailing labels for project notification. 3. Neighbor Notification Letters. 4. Arborist Reports prepared by the City's arborist, dated April 12, 2006, and April 25, 2006. 5. Reduced Plans, Exhibit"A." • 7 C Attachment 1 • • RESOLUTION NO. Application No. 06-309 CITY OF SARATOGA PLANNING CONIlVIISSION STATE OF CALIFORNIA Bell: 19234 Citrus Lane WxExE.~s, the City of Saratoga Planning Commission has received an application for Design Review Approval to demolish asingle-story residence and construct asingle- story residence with an attached three-car garage and secondary dwelling unit. A swimming pool is also proposed. The total floor area of the proposed residence will be 6,598 square- feet including the attached garage and secondary dwelling unit. The maximum height of the proposed residence will not be higher than 25-feet. The net lot size is 40,296 square-feet and the site is zoned R-1-40,000; and WxE1~.~s, Zoning Code Section 15-45.060(3) requires Design Approval by the Planning Commission for construction of any single-story structure over 18-feet in height; and WxEx~as, Zoning Code Section 15-45.060(6) requires Design Approval by the Planning Commission whenever the gross floor area of all structures on the site exceeds six thousand square-feet; and WxEx~AS, the Plannmg Commmssion held a duly noticed Public Hearmg at which time all interested parties were given a full opportunity to be heard and to present evidence; and WxExEAS, The proposal 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 WxEx~as, the applicant has met the burden of proof required to support said application for Design Review, and is consistent with the following General Plan Goals and Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development The proposal, consisting of a single-family home with a maximum height of 25-feet, will not block -the views of the surrounding hills from neighboring parcels, nor will it be visible from major streets. The Application No. 06-309; 19234 Citrus Lane/Bell new structure is proposed in the same general location as the existing residence. The • proposed architectural style of French Eclectic Farmhouse will blend with the rural atmosphere of Saratoga. No trees are proposed for removal; however, additional trees are proposed providing additional vegetation and softening the visual impact of new construction. Land Use Element Policy S.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. As conditioned, the application meets the Findings required for Design Approval. The proposed square footage and height is comparable to the neighborhood. The existing neighborhood consists of a variety of architectural styles. The architectural style proposed will provide additional variety lending to a unique neighborhood with a distinct sense of place. Housing Element Goal 1 - To accommodate the City's Fair Share of the Bay Area Regional Housing need for all income groups. As conditioned, the applicant will be constructing an attached secondary dwelling unit that will be deed restricted to record an affordability covenant restricting occupancy of their second unit to very low or low. income households at an affordable rent level. WHEREAS, the applicant has met the burden of proof required to support the findings required for said application for Design Review Approval, as set forth below: (a) Avoid unreasonable interference with views and privacy. The maximum height of • the proposed dwelling is 25-feet. The structure will be approximately 43-feet 11- inches from Citrus Lane, 62-feet 4-inches from the rear property line, and ranging from 20-feet to 35-feet from the side-yard property lines. The proposed footprint is in essentially the same location as the existing footprint with a small expansion to accommodate the proposed reorientation of the garage entrance. The proposal will not unreasonably interfere with the views from Citrus Lane or the privacy of abutting neighbors. (b) Preserve Natural Landscape. The proposal will preserve the natural landscape. No protected trees are proposed for removal. In addition, grading will not be required and the proposed location of the new residence is in approximately the same location as the existing home; therefore, there will be minimal impact to the site. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of protected Native and/or Heritage Trees. In addition, the proposal, as conditioned, would not impact protected Native and/or Heritage Trees. r1 2 Application No. 06-309; 19234 Citrus LaneBell (d) Minimize perception of excessive bulk The proposal incorporates varying rooflines and exterior building materials to reduce the perception of excessive bulk. The applicant is proposing a neutral color pallet, consisting of beige and creams for the exterior building and window trim which will also reduce the perception of excessive bulk. In addition, the applicant is proposing greater set-backs than are required, which will also reduce the visual impact of the structure from the street and abutting neighbors' view sheds. (e) Compatible bulk and height Residences in the area are predominately one and two-story. The proposal is compatible in bulk and height with the neighborhood. (f) Current grading and erosion control methods. Since the building .site is relatively flat and the proposed construction is in the general area of the existing residence, no grading is proposed. In addition, the proposal shall conform to the City's current grading and erosion control standards. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above and staff report. Now, TxEx~FORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the application, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, Application No. 06-309 for Design Review Approval, as conditioned, is hereby found exempt from CEQA and in compliance with the required findings set forth above, and based thereon is granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" date stamped April 24, 2006, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. 2. The project shall utilize materials illustrated on a materials board date stamped Aril 24, 2006. • 3 Application No. 06-309; 19234 Citrus Lane.Bell 3. The applicant/owner shall record a deed restriction limiting rental of the secondary dwelling unit to below market rate households prior to issuance of final Zoning Clearance. 4. The applicant/owner shall record a deed restriction prohibiting occupancy of the attic space located above the garage prior to issuance of final Zoning Clearance. 5. The following shall be required and/or included as to -the plans submitted to the Building Division for the building plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution and the arborist reports dated April 12, 2006„ as a separate plan page. b. The following note shall be included: "A maximum of one wood-burning fireplace is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burning." c. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans." 6. A storm water retention plan shall be submitted to the City for review and approval 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. 7. Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 8. To the extent 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. 9. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. 10. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, 4 Application No. 06-309; 19234 Citrus Lane~Bell 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. One complete set of Final Landscape plans incorporating this Resolution, the arborist report dated April 12, 2006, and a storm management plan as separate pages shall be submitted to the City's arborist at the same time plans are submitted to the Building Division for review and approval by the Arborist prior to issuance of building permits. 13. Staff shall not approve downgrading to the exterior appearance of the approved residence. Downgrades may include, but are not limited to, garage doors, architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 14. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500.00 surplus balance at all times. In the event that the balance is less than $500.00, all staffwork on the project shall cease until the balance is restored to a minimum $500.00. FIRE DISTRICT 15. Applicant shall comply with all Fire Department conditions. PUBLIC WORKS 16. Applicant shall obtain an encroachment permit for improvements in the City right- of-way prior to commencement of the work. ARBORIST REPORT 17. All recommendations in the arborist reports dated April, 2006, and incorporated herein by this reference shall be followed and incorporated into the plans. 18. Prior to issuance of Building Permits the applicant shall obtain a tree bond, or similar funding mechanism as approved by the Community Development Director, in the amount of $48,700.00. • Application No. 06-309; 19234 Citrus LanelBell CITY ATTORNEY 19. Owner and Applicant agree 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, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED ANn ADOPTED by the City of Saratoga Planning Commission, State of California, this 10th day of May 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda Rogers, Chair, Planning Commission ATTEST: John F. Livingstone, AICP 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 ~~ U 6 Application No. 06-309; 19234 Citrus Lane/Bell 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 • 7 ~~ • Attachment 2 • • . AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar ,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 22 day of April , 2006, that I deposited in the United States Post Office, 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 described as: APN: 510-06-047 -19234 Citrus Lane; that on said day there was regular communication by United States Mail to the addresses shown above. ;~ f 4 (~{~ ~dP e 'se Kaspar Advanced Listing Services • 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 10 day of May 2006, 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 Friday office closures. APPLICATION/ADDRESS: 06-309 - 19234 Citrus Lane APPLICANT: Bell APN: 510-06-047 • DESCRIPTION: The applicant requests Design Review Approval to demolish asingle-story single-family residence and construct asingle-story residence with an attached three-car garage • and secondary dwelling unit. A swimming pool is also proposed. The total floor area of the proposed residence will be 6,598 square- feet including the attached garage and secondary dwelling unit. The maximum height of the proposed residence will not be higher than 25-feet. The net lot size is 40,205 square-feet and the site is zoned R-1-40,000. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, May 1st, 2006. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Therese Schmidt Associate Planner 408-868-1230 5=10-06-059 ~~. %irginia M Rossi 4500 Fruitvale Ave 5323 ~ga CA 95070-6195 510-24-030 Santa Clara County Saratoga CA 95030 510-24-034 Jrant S Lyddon PO Box 37 aratoga CA 95071-0037 ."pry of Saratoga i.;t~: Therese Schmidt l 3777 Fruitvale Ave Saratoga CA 95070 • 510-06-061 510-24-038 Douglas W & Bazbaza Broyles or Current Resident 19145 Bainter Ave Saratoga CA 95070-6456 510-24-031, 037, 039 SCVWD 5750 Almaden Ex San Jose CA 95118 510-25-024 Williams 2004 or Current Resident 19317 Redberry Dr Los Gatos CA 95030-2928 510-06-062 Charles L & Yvonne Goss or Current Resident 19180 Austin Way Saaatoga CA 95070-6460 510-24-032 Darrell D & Marilyn Sell or Current Resident 19330 Redberry Dr Los Gatos CA 95030-2928 510-25-069 John C & Katherine Cottingham or Current Resident 19350 Bainter Ave Los Gatos CA 95030-2901 • April 21, 2006 ,00' Ownership Listing ?repared for: ~] 0-06-047 Warren M & Lee Bell 19234 Citrus Ln Saratoga CA 95070-6410 X97-09-004 397-09-035 397-09-042 Nilliam D Zanker Mair 1994 Dennis W & Angela Farmer ~r Current Resident or Current Resident or Current Resident X69 Buckeye Ct 19221 Saratoga Los Gatos Rd 15485 El Camino Grande Sunnyvale CA 94086-8258 Saratoga CA 95070-6432 Saratoga CA 95070-6211 ~a30-06-007 510-06-011 510-06-018 ,iao 2005 Trust Keith Crane Richard A & Evelyn Newmark ~r Current Resident or Current Resident or Current Resident 9310 Saratoga Los Gatos Rd 19298 Citrus Ln 19165 Austin Way +~atoga CA 95070-6435 Saratoga CA 95070-6410 Saratoga CA 95070-6404 .° ;~~.~- ~10-06-021 510-06-035 510-06-036 Arthur D Chadwick Eazl C & Patricia Charles Donald E & Gale Sturdevant ~r•Current Resident or Current Resident or Current Resident 9120 Austin Way 19200 Bountiful Acres Way 19222 Bountiful Acres Way ~azatoga CA 95070-6455 Saratoga CA 95070-6409 Saratoga CA 95070-6409 ~10-06-037 510-06-038 510-06-039 ~Iuder & Yasmeen Kothari Gregory S Flowers Evan V & Gayle Judd •r Current Resident or Current Resident or Cuaent Resident 9244 Bountiful Acres Way 19266 Bountiful Acres Way 19288 Bountiful Acres Way Saratoga CA 95070-6409 Sazatoga CA 95070-6409 Saratoga CA 95070-6409 ~10-06-041 510-06-044 ~ishwanath D & Vaishali Nayak 510-06-043 Albert M & Susan Sabes Donald P & Blythe Bacci or Current Resident ~r Current Resident PO Box 942 9?87 Bountiful Acres Way Los Gatos CA 95031-0942 19273 Citrus Ln ?riratoga CA 95070-6409 Saratoga CA 95070-6410 ~1~-06-045 510-06-046 510-06-047 %Iaik A & Leslie Roberts Donald Y & Nancy Lesser Warren M & Lee Bell ~r Current Resident or Current Resident or Current Resident 9295 Citrus Ln 19266 Citrus Ln 19234 Citrus Ln ~azatoga CA 95070-6410 Saratoga CA 95070-6410 Saratoga CA 95070-6410 10-06-049 510-06-050, 51, 52, 53 510-06-054 ienry C & Victoria Wu Judy Lomas ~r Current Resident Robert A & Georgianna Spinazze or Current Resident 451 Queens Ln 9290 Saratoga Los Gatos Rd San Jose CA 95112-4309 19405 Bainter Ave ;azatoga CA 95070-6435 Los Gatos CA 95030-2917 10-06-055 510-06-057 510-06-058 ,define Rider Stephen D & Louise Hall Miwako Thomas ~r Current Resident or Current Resident or Current Resident 9?02 Citrus Ln 19201 Bountiful Acres Way 19239 Bountiful Acres Way '~aratoga CA 95070-6410 Saratoga CA 95070-6409 Saratoga CA 95070-6409 • • is • ~~ • ---0riginal Message- Fronc Warren Bell [mailbo:warren.bell@visionael.com] Sent: Tuesday, April 18, 20061:48 PM To: Tom Sloan Subject: Immediate neighbor -Adeline Rider -.19202 Citrus Lane Tom; 1 had reviewed the scope of the project with my next door neighbor, Adeline Rider (19202 Citrus Lane) a few weeks back. She travels very frequently, and has been on the road almost constantly over the past few months. 1 left her a v:mail regarding getting together for a signature of the approval document. She called back last Tuesday (April 11), and left us a v:mail stating we have-her full support of the project (she is presently in Tucson) Regards, Wamen Bell I • • • • Cite of Saratoga I~'eighbor \otification Form Date: d ~' PROJECT ADDRESS: /~ L3 ~ ~ L~-r of J G-at^ G • Av~Iicaat Name: / ~ -; ' • •~ ,~e_ c~ J~~ ~~ . :i i ,~ ~~>; 1. ~ ~u06 Application Number:_.. ~l{({~ (L7[u t/K L iWNlitlb rVIIUIw+•V.•r.• Jw ...... ..«~..r r.. .~. issues they may have directly to the applicant Please ensure the signature on this document is representative of aA residents residing on your property Regardless of the opinion expressed below, you reserve the right to amend your opinion at a layer date during the actLal public.review and appeal Pertods- e~y signature below certifies the follov~~ing: I have reviewed the projec# plans; ~uaderstand the scooe of work; and I do NOT have anti concerns or issues which need to be address by the applicant prior to the City`s public hearing on the proposed project. - ., CMv signature below certifies the following: I have reviewed the project plans;.I understand the scoax of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following {please attach additional sheets if necessary): Nei~bar Name: l~eighbor Address: ~: ~: .. Neighbor Phone Number. ~{t' ~ _ ~~l 5 " ~ ~ ~ ~ . R Signature: Printed: ,. SofS • City of Saratoga Neighbor Notification Form Date: 3 D ~ -- PROJECT ADDRESS: "~' a Applicant Name: ~ ~~ a' ~-~ ~ ~` ~~ Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant: Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to. amend your opinion at a later date during the actual public review and appeal periods. l~viy signature below certiSes the following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. , OMy signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I have issues or concerns, which after discussion with the applicant, Gave not been addressed. My concerns are the following (please attach additional sheets if necessary): • ~i rr P. v9 ~ > Neighbor Name• "~` ^^" - ~ ~ n_ Neighbor Address: . ~ ~ vb b C~ ~ c~ ~-+ {. -~: . ~, S.p,~..,,,~o ~,~ 'r Neighbor Phone Number: ~'~ ~ ~~-~ g ~ Signature: Printed: 7 a ar- ~.y ~,t S ~ ~ ~ SofS • • City of Saratoga • Neighbor Notification Form Date: 3 ~ ~ PROJECT ADDRESS: / l L 3 '~ G~ ~~ U-T La ~ ~ Applicant Name:/ ~ r p ~`-C~ ~ ~~'- // Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may leave directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to. amend your opinion at a later date during the actual public review and appeal periods. . ~ . ~vly signature below certifies the following: I have reviewed the project plans; I understand the scoooe of wo • and I do NOT have any concerns or issues which need to be address by the applicant prior#o the City's public hearing on the proposed project. OMy signature below certifies the following: I have reviewed the project plans; I understand the scope of wo • and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): n Neighbor Name: "e/ "L~•%`~ ~ L ~ 1 _ ~~ ~r~ J Neighbor Address: ei bor Phone Number: - ~ '"~ ~ ~/`~~ N gh "~ Printed: Si if ~ ~" F~ ~ J ;~ ...: .~ ., ;r" s ors . ~~. .; I• ~ . ,... , }::•:. , ~:- ,• , ~+ . ~'. . ~. ' • ~'..; ~•• • . Fr: ' •` ~r• f' t~ t +' °,:~ j 4:~•';1 r, ..• .~, ~,' ~ . •~ , ::,: , :• }• I .; .~-~ ~~~ i. ~•• ~. ~ ~'~, ~ :~, :~:-•. • ~ • •~••• -.-. •• . 3'~~~ ~ %: S•'-' ~ Kx• ~' :. .-.. ,~ . ~~ City otSaratoga Neighbor Notification Form Date:~3~0 ~ PROJECT ADDRESS:,/9L 3 ~f- C~ tr~1 Lr Applicant Name:/~/a r~ t.• a`-- ~~ t ,_,~~~ AppUcatiott Number: ~ ~ "' ~ 0~ ~' ~Q_ SYa,~and lhc~ I'h-nnin~,> C'ummission prefer tlu-( »hibbbars take this opporn~uiry to ~rpress any concerns or issues they may have directly to the alrjrli. nrrl. Please ensure the signature on this docuneerrr is represrnlativc~ ujall residPrrts r~ci-lin~ nn }~urproperty. Regardless ojthe opinion expressed below, yo>r reserve (he• right to un-c,-d~~ttr opi-riun u~ a lacer dart during the actual public revie-v and appeaal pFrfOdS. . ~fy sig-tative below certificc the [ollowing: I !lave reviewed the project pl;sns; I and s d the scone of work; and i do :SOT have aay roarrrns or issues which aced to br address by We nppficsat prior b the Ciry's public hearing on the propori~9 prujecl. OMy signature below certifies tl-e fo!)v«ing: l have reviewed the project pla-ts; understand the scoce of work; and 1 hate Issues ar concerns, which aflcr discnsctott a~lth the spptteant, have not been addrecced. arty concerns are the following (pkasc attaeh additional sh~;cts itttctessary): Neighbor Name: ~~~ ~ ~^.~~'~ Neighbor Address: /` 9 ' Neighbor Phone Nunibtr: ` ~°~ ~~D Signature: F'rintcci: uu APR 0 3 2006 CITY OF SARA1 ~~. SofS . .~ .• ..,. ... .; .~ ,, ... <~;~ ~.. ,. .. ; ,~.3: • .,, . :~ PIAR-LJ-VV VJ •JV • •• .i ~ t ~~(~, •i city ~rSaratogA ~: :; i ...~ :~ ~ ., ti,.~ •i ,~: '~" 1 ::;~ - :.;~ .:. ~ 1' . ~~-, ~'. ~•~ ::: ; •: ~~: ~:z: ..~ ~; ;. .~ ~~~ i ~. i ..i NeigDbor Notification Form Date: 3 Z 3 ~ 6 PROJFC.T ADAW~SS:u/ 9z 3 ~- Ci ~i v J ~~ Applicant Name: Gf/e~ r-~ .. ~ -~~ ~_,_~~/ Application Number: 0 ~P - 3 (~~_" ~K Sta,~'and the> Fltinning Gammfssion nrejer thtrl nrighbors urke this oppo~noriry to dress any concerns or issues they may hour directly to th~> appli~•nrtl. Please enswre the signature on this docrrrnear is reprc~sentutive ujal! residents residing ran your property. Rtgardi'ess ojthe opinion expressed below, Yon rrse:rve the• right to amN~,d }roar opiai~~n ut a toter date during the actual yuDltc revie-v and appeal periods. ~y signature below certifies the ti~Uowing:l Dave reviewed tlrc project plans; l ncle st nd th scne o_r w r ;and 1 do NOT have any concerns or Issues ~rhich Deed to be address by the applicant prior b the City's public hating on the proposui project. OMy siy~aturr below certifies tl-e fi~1)wring: l have reviewed the project pltuts; ~ understand the scgpe of wor• ;and 1 hale issues or concerns, which after diseuscbn with the appliearrt, hAVC pot been addressed. My cancans are the following (please atwch •rdditiunal sheets if accessary): Neighbor Name ~our~t ~ ~ ~c e ~-05P.a't7 Neighbor Address: ~lZ~r~~ Gr~~'~s ~. Sa.rti'~sc. CrA- 9~ n 70 Neighbor Phone Number: _~'-3S~I - ~~~ ~( $i~ture: I'rintcd: ~ ~~~~ :, :; .• .: ;} <.;, '~ AP ~~ ~? p 3 2a~ 6 9~ Ni~yo~~rooq ~ ~. ~Pn~~. .. :.:.. s ?:yy SOPS • Attachment 4 • • of .SAR9~ ,54 . ~,-. _ ~ O Vh' ,~n> 9 4r 09,LjFOR~1 • • Community Development DepaRment City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 19234 Citrus Lane Application #: 06-309 ARBORIST REPORT Apri125, 2006 APN 510-06-047 Prepazed by Kate Beaz Owner: Warren and Lee Bell ISA Certified Arborist WE 2250A The following Addendum provides recommendations for design revisions and methods to follow during construction. Addendum #1-Recommendations 1. Survey and add trees #1 and #4 on the Site Plan and Landscape Irrigation and Planting Plans. Survey and add one cedar tree (it has been located on the map in the initial report) in the back yard as well. 2. Relocate the driveway to the northwest so it is at least 10 feet-from tree #1. Crrade changes must remain at least seven feet from trees #2-6 and ten feet from trees #1 and 7. 3. The Crrading and Drainage Plan shows a grassy Swale in the back yard lawn. Excavation to create the swale shall be no deeper than three inches. It is acceptable to add up to 4 inches of new soil on top of grade to create the swale. 4. Relocate the irrigation main line away from trees #1-6 to a position along the house. Alternatively, it can be relocated so it is a minimum often feet from any tree. 5. Replace water loving plants such as azaleas and ajuga under cedars to more drought tolerant species. It would be best to avoid planting in these areas and instead place mulch under the trees within the drip line of the canopy. 6. Delete Tree Protection Plan notes on Sheet L3 or correct to reflect the information in this report. 7. Per City Ordinance 15-50.080, a bond amount of $48,700, which is equal to 100% of the total appraised value of trees #1 -8, is required. Appraisal values aze calculated according to the Guide for Plant Appraisal, 9`h Edition, published by the International Society of Arboriculture (ISA), 2000. 8. Incorporate this entire report into the set of final building plans. Show the location of protective fencing around trees on the Site Plan as identified on the map attached to the initial report. 9. Design the project so that trenching for imgation, lighting, drainage or any other aspect remains outside of the trees' canopies. If irrigation lines or electrical lines for lighting aze designed inside drip lines of the trees' canopies, they must be placed on top of existing soil grade and covered with Page 1 of 2 19234 Citrus Lane wood chips or other mulch. Irrigation in these locations must be of drip type and placed on top of grade. 10. The landscape plans must show the following: a. Design imgation so that it does not spray trunks of trees. Valve boxes and controllers must be installed outside of drip lines of tree canopies. b. No more than 20% of the azea under the tree canopies may be planted. Plant selection must have similar water requirements to the trees under which they will be placed. c. Lawn must not be installed up to the trunks of the redwood trees; it must be confined to the outside 20% of the azea under the canopy. I recommend placing mulch under the canopy instead of a lawn. d. Design topdressings so that stones or mulch remain at least one foot from the trunks of retained trees and 6 inches from the trunks of new trees. e. Do not allow tilling or stripping of the topsoil beneath the trees' canopies, including for weed control. f. Bender board or other edging material proposed beneath the trees' canopies must be established on top of existing soil grade (such as by using stakes). 11. Install tree protective fencing as shown on the attached map and establish it prior to demolition or the arrival of construction materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, two-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain . undisturbed and be maintained throughout the construction process until final inspection. 12. Unless otherwise approved, all construction activities must be conducted outside the designated fenced azea (even after fencing is removed). These activities include, but are not necessazily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and pazking. 13. Any approved grading or trenching beneath the trees' canopies shall be manually performed using shovels. 14. Any pruning of trees on site must be performed under the supervision of an ISA Certified Arborist or ISA-Certified Tree Worker and according to ISA standards. 15. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath tree canopies or anywhere on site that allows drainage beneath tree canopies. Additionally, fuel shall not be stored nor shall any refueling or maintenance of equipment occur within 20 feet of the tree's trunks. 16. Herbicides shall not be applied beneath the tree canopies. Where used on site, they must be labeled for safe use neaz trees. Page 2 of 2 • of , SAR9 v~ =S~ ~ ~~'LjFOR~1~ Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 19234 Citrus Lane ARBORIST REPORT APN 510-06-047 Owner: Warren and Lee Bell • Application #: 06-309 Apri112, 2006 Prepared by Kate Bear ISA Certified Arborist WE 2250A Introduction r~ The property owners of 19234 Citrus Lane have submitted plants to demolish their home and replace it with a new one-story home. A total of 13 trees on the property were inventoried for this report There are a total of eight trees on this property in the vicinity of the project that are protected according to City Ordinance 15-50 and were inventoried for this report. Specific data for each tree is compiled in a table at the end of this report. The plans reviewed for this report include the Topographic Map, dated December 23, 2004 (by Polaris Surveyors), Sheet A-02, Site Plan, dated February 27, 2006 (by Metro Design Group), Sheet C-o1, Grading and Drainage, dated February 27, 2006 (by Metro Design Group), and Sheets L1.0-L3.0, Landscape Irrigation, Landscape Planting and Tree Protection, dated March 15, 2006 jby Baumann Design Studio). The trees' locations are noted on the attached copy of Sheet A-02 and each tree has been. assigned a number. >h~ndings The Site Plan and Landscape Irrigation and Planting Plans do not show trees #1 or 4 and have left off a cedar tree in the back yard as well. These trees must be surveyed and added to the plans. It appears that grade changes will occur within a few feet of trees #1-7 in order to construct the new driveway. The driveway should be relocated to the northwest so it is at least 10 feet from tree #1. Gracie changes must remain at least seven feet from trees #2-6 and ten feet from trees #1 and 7. The Grading and Drainage Pian shows a grassy Swale in the back yard lawn. Excavation to create the Swale shall be no deeper than three inches. It is acceptable to add up to 4 inches of new soil on top of grade to create the Swale. The Landscape Irrigation Plan shows the irrigation main line within a few feet of trees #1-6 and also very close to tree #7. It should be relocated away from the trees and along the house. Alternatively, it can be relocated so it is a minimum often feet from any tree. A map is attached with a proposed location for the main irrigation line. The Landscape Planting Plan shows water loving plants such as azaleas and ajuga placed under mature deodaz cedaz trees, which aze drought tolerant. These must be changed to more drought tolerant species. Page 1 of 3 • 19234 Citrus Lane It would be best to avoid planting in these areas and instead place mulch under the trees within the drip. line of the canopy. The Tree Protection Plan notes allow actions that are not permissible. This report is required as part of the plan set, and I recommend replacing Sheet L3.0 with this report. Per City Ordinance 15-50.080, a bond amount of $48,700, which is equal to 100% of the total appraised value of trees #1 -8, is required. Appraisa a ational Society oef Arbon ulture~SA),12000. Plant Appraisal, 9`~` Edition, published by the Int Design Requirements 1. This entire report shall be incorporated into the set of final building plans and be titled T-1 (Sheet L3.0 is acceptable) Tree Protective Measures. Additionally the Site Plan should show the location of protective fencing as identified on the attached map. 2. Design the project so that trenching for irrigation, lighting, drainage or any other aspect remains outside of the trees' canopies. If irrigation lines or electrical lines for lighting are designed inside drip lines of the trees' canopies, they must be placed on top of existing soil grade -and covered with wood chips or other mulch. Irrigation in these locations must be of drip type and placed on top of grade: 3. Tree Protection Notes must be deleted or corrected to reflect the information in this report. 4. The landscape plans must show the following:- a. Design irrigation so that it does not spray trunks of trees. Valve boxes and controllers must be installed outside of drip lines of tree canopies. b. No more than 20% of the area m~~ o the trees under which they will be placed ~on must have sumlar water requu c. Lawn must not be installed up to the trunks of the redwood trees; it must be confined to the outside 20% of the area under the canopy. I recommend placing mulch under the canopy instead of a lawn. d. Design topdressings so that stones or mulch remain at least one foot from the trunks of retained trees and 6 inches from the trunks of new trees. e. Do not allow tilling or stripping of the topsoil beneath the trees' canopies, including for weed control. f. Bender board or other edging material proposed beneath the trees' canopies must be established on top of existing soil grade (such as by using stakes). Tree Protection Measures 1. Tree protective fencing shall be installed as shown on the attached map and established prior to demolition or the amval of construction materials on site. It shall be comprised of six-foot high driven 24 chain link fencing mounted on eight-foot tall, two-inch diameter galvanized posts, inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection. Paue 2 of 3 l~ • 19234 Citrus Lane 2. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 3. Any approved grading or trenching beneath the trees' canopies shall be manually performed using shovels. 4. Any pruning of trees on site must be performed under the supervision of an ISA Certified Arborist or ISA-Certified Tree Worker and according to ISA standazds. 5. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath tree canopies or anywhere on site that allows drainage beneath tree canopies. Additionally, fuel shall not be stored nor shall any refueling or maintenance of equipment occur within 20 feet of the tree's trunks. 6. Herbicides shall not be applied beneath the tree canopies. Where used on site, they must be labeled for safe use neaz trees. Attachments: Tree Inventory Table Map Showing Tree Locations Map showing proposed location for irrigation main line U Page 3 of 3 ~ ~ . TREE INVENTORY TABLE a ~ ~ ~~ o u ~ ° ~ o ~ Y b c ~-. a ~ O o i ' .-. ~ Qa ~ Q 3 O ~ Q " >, a ° .~ a .~ .. ~ •~ Y C ~ rl a~ ~ ~ ~~ a "' 0, ~~ ' ~ b^ d ~~ w a U ~ c .d 3 ~ ~ c a 3 ~ a ~° a~i o ~,., y ° ~ 3 ~ a o ~ ~ ~ > A ~ B II ~ o ~ II ~ o U ~ ~+ ~ ~ ,~ '~~ ~ ~ ~ ~ ~ ~ ~ d .~ ~ TREE ~ ~ ,-. a q ~ y i .~ .~ ~ ~t ~ ~~ c ° o a NO. TREE NAME f-+ t7 w ~ x °' ~ °' O ~ x ~ S A ~ d~ Q Deodar cedar 1 Cedrus deodara 21.5 35 25 30 Fair Moderate Deodar cedar Z Cedrus deodara 15.5 30 25 25 Good Moderate Deodar cedar 3 Cedrus deodara 22.5 35 25 50 Good Moderate Blue atlas cedar 13.5, 4 Cedrus atlantica 9 25 50 25 Fair Moderate Blue atlas cedar 5 Cedrus atlantica 13 20 25 25 Fair Moderate Blue atlas cedar Cedrus atlantica 14 30 50 50 Good Moderate Coast redwood 23, 7 Se uoia sem ervirens 26 30 75 25 Good Hi Coast redwood 8 Sequoia sem ervirens 19 20 50 50 Good Hi Total Appraised Value Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 Should any tree listed above become damaged owner will be required to repair the damage. Should any tree listed above be removed owner will be required to replace that tree with trees equal in value to its assessed value. el( $S ~~ 800.00 700.00 180.00 $48,700.00 April 12, 2006 r~ ~J Address: t o7Zd (`ifnic T ane ~ '~ rr~•~.~~~'rrra•r,~rrr~+rrr prrr.'}prrr~rrrrrfrrr'' rrrr.~+,'rr~.+rrl,~rrr.~~ i . i I IRRIGATION MAIN LINE . =__=-- ~~ ,. ., . , ,. ~ . . 1 ~ ~, -- . ------ . ~ ~ ~ ~ o ~ . _ ~ W ~~ r- - ' . = .. ., ~ ~ 3 a , ~ ~ ~ ~ ~ ~ ~ /, L ~ ~ ~ ao N ~ , ~ ~ J 0~ ` , ~~ ' ~ n • 1 j~ ^~ f ~ •i17 a ~ _ ^ I .. u< r <p s ~~ i<n ~< ~< t~1 t-1 Q Q Q 0 Y '-r' ~ ~~yllccc . r 71oQ- N o ~ . II • ~ ~ p~'LOL M.00.0~.1fN ~ c ~ ~ I• ~ - I . '•.~J i y: ~ . ~•~ ~~~ iii .:!• ~.•' :~ . 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Livingstone, AICP • DISCUSSION The State of California mandates that all local jurisdictions must grant a density bonus to housing developments of five or more units, if they include a specified percentage of affordable or senior citizen housing. This requirement is stated in the City of Saratoga's Housing Element of the General Plan under Program 2.1, which indicates that the City will amend the City Code to implement state law -Section 6-5915 of the California Government Code -hereinafter referred to as the Statewide Density Bonus Law. In September 2004, the Governor of the State of California signed SB 1.818, which amended the Statewide Density Bonus Law and became effective on January 1, 2005. SB 1818 amended the Statewide Density Bonus Law in several ways. The bill created a sliding scale in which development with fewer affordable units now qualify for a density bonus, with a density bonus increase as the percentage of affordable units increases. The bill also increased the maximum allowed density bonus to 35% and required that municipalities offer one to three incentives (depending on the number of affordable units constructed) instead of just one. SB 1818 became controversial as many cities were having a difficult time implementing it. Therefore, the Statewide Density Bonus Law was again amended and went into effect on January 1, 2006 when the Governor signed into law SB 435. SB 435 clarifies provisions set forth in SB 1818 and achieves the following: (1) provides legislative intent language indicating that local governments should encourage higher density housing in urban areas with adequate infrastructure to serve the housing; (2) clarifies that the percentage of affordability, for purposes of determining the applicable density bonus, is calculated by dividing the number of affordable units by the total number of units before any density bonus is applied; (3) provides that the density bonus for senior developments applies to senior mobile home parks, as well. The Saratoga City Code does not reflect the provisions of the Statewide Density Bonus Law enacted in 2003, and the subsequent amendments that became effective in 2005 and 2006. Highlights of the Proposed Zoning Text Amendment The proposed zoning text amendment will add a new Article to the Zoning Ordinance, Chapter 15 of the City Code. A density bonus will only be granted to applicants who agree to construct affordable housing units or meet the land donation requirements described below. The actual zoning text amendment is contained in the attached draft resolution and specifies the means by which a density bonus, an additional regulatory concession, or other incentives may be selected and/or provided to an applicant who agrees to provide targeted dwelling units as specified by the Statewide Density Bonus Law. The following is a list containing the highlights of the Statewide Density Bonus Law, which: • Creates a range of density bonuses an applicant can obtain, which is based on a percentage of affordable units constructed. • Increases the maximum density bonus to 35%. • Requires the City to grant 1 to 3 incentives, such as reductions in development standards and requirements (e.g. off-street parking, setbacks, open space, and so forth). The number of incentives that are granted will be based on the percentage of affordable housing units constructed. • Applies the moderate income density bonus to common interest developments including condominium and Planned Unit Development projects. • Grants a flat 20% density bonus for all senior citizens housing. • Creates a land donation density bonus provision for applicants who donate their land for very-low income housing to the City or to an applicant approved by the City. The land must meet requirements related to permitted by-right zoning, location, size, and so forth. A land donation meeting the minimum requirements will be entitled to receive a 15% density bonus for the entire development and land donations exceeding the requirements can obtain a 35% density bonus. • Creates a child care facility density bonus or incentive program for applicants who construct a child care facility as part of, on the premises of, or adjacent to a housing development project receiving a density bonus. The City will grant an additional density bonus equivalent to one square foot of residential space per one square foot of child care area or an additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. • Limits off-street parking requirements that the City can impose on density bonus developments to the following ratios: 0-1 bedroom dwelling unit - 1 on-site parking space; 2-3 bedrooms dwelling unit - 2 on-site parking spaces; and 4 or more bedrooms dwelling unit - 2.5 parking spaces. These numbers would apply to the entire development and are inclusive of guest and handicapped parking and maybe tandem or uncovered (but • can not be on-street). The parking standards maybe requested even if no density bonus is requested for a project that qualifies for a density bonus. Impacts of the Statewide Density Bonus Law on the City's adopted Measure G On March 26, 1996, the voters of Saratoga passed Measure G. This Measure requires that only the voters may amend the Land Use Element of the General Plan to increase specified densities or intensities for the designated land uses, or to -change the land use designation from a lower to a higher designation in terms of density of intensity. The City Attorney is reviewing the implementation of the Statewide Density Bonus Law and the provisions of the City-adopted Measure G, and will report his findings to the Planning Commission at the hearing on this proposed Ordinance. ENVIRONMENTAL ASSESSMENT Pursuant to CEQA requirements, an Initial Study and a Notice of Intent to Adopt a Negative Declaration were prepared by Staff and made available for public review from February 1 - February 20, 2006. Staff did not receive any public comments on these documents during this review period. The proposal is to amend the Zoning Ordinance according to the Statewide Density Bonus Law. Staff has determined that the proposed Zoning Text Amendment could not . have a significant effect on the environment and is requesting that the Planning Commission recommend City Council adoption of a Negative Declaration. It is important to note that subsequent projects proposed as a result of this amendment will be subject to project-specific environmental review, as appropriate, to determine if there would be any potential impacts to the environment. The density bonus, incentive or concession, and/or requests for the waiver or modification of development standards of any project facilitated by this new amendment will be denied if, based on substantial evidence, it will have a specific adverse impact upon public health and safety or the physical environment. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt the attached Resolution recommending that the City Council adopt a Negative Declaration and amend the Zoning Ordinance to implement Section 65915 of the California Government Code, as amended by SB 1818 and SB 43'5. ATTACHI~~NTS 1. Resolution recommending City Council approval of the Negative Declaration and the Zoning Text Amendment 2. Section 65915 of the California Government Code, SB 1818 and SB 435 3. Initial Study and Negative Declaration • • . Attachment 1 • L • RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga's adopted Housing Element of the General Plan requires that the City adopt a Zoning Text Amendment to include the provisions of Section 65915 ~of the California Government Code; and WHEREAS, the Community Development Department has prepared a proposed Zoning Text Amendment to comply with the provisions of Section 65915 of the California Government Code; and WHEREAS, the Planning Commission held a duly noticed Public Hearing on the above- described Zoning Text Amendment at which time ail interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the proposed Zoning Text Amendment is consistent with both the City's adopted Housing Element and Section 65915 of the California Government Code as amended by SB 1818 (Chapter 928 of the Statutes of 2004) and SB 435 Chapter 496 of the Statutes of 2005), and the Planning Commission makes the following findings: ^ The proposed Zoning Text Amendment is consistent with the objectives of the City of Saratoga General Plan in that it implements Program 2.1 of the adopted Housing Element. The proposed Zoning Text Amendment is in accordance with the objectives of Section b5915 of the California Government Code as amended by SB 1818 and SB 435; and WHEREAS, the project, which proposes a Zoning Text Amendment to the City Code to comply with the State-mandated Density Bonus Program, has been the subject of an Initial-Study under the Environmental Quality Act ("CEQA") and on the basis of said Initial Study it has been determined that the proposed project could not have a significant effect on the environment and that a Negative Declaration is appropriate; and WHEREAS, the Planning Commission hereby approves the Initial Study and recommends that the City Council adopt the Negative Declaration attached hereto as Exhibit A. NOW, THEREFORE, the Planning Commission of the City of Saratoga -does hereby resolve as follows: Section 1. After careful consideration of the proposed Zoning Text Amendment the Planning Commission does hereby recommend that the City Council adopt the Zoning Text • Amendment, which adds an Article to the Zoning Ordinance implementing Program 2.1 of the Adopted Housing Element and Section 65915 of the California Government Code, as amended by SB 1818 and SB 435 . The new Article shall read as follows. Wording in brackets [] are for • explanation only and not part of the text of the proposed ordinance. Article 15-81 HOUSING DENSITY BONUS SECTIONS 15-81.010 Purpose and Applicability. 15-81.020 Definitions. 15-81.030 Criteria and Standards for Density Bonus and Incentive(s) or Concession(s). 15-81.040 Procedures. 15-81.050 Criteria to Evaluate Requested Incentive(s) or Concession(s). 15-81.060 RecLuired Affordable Housin Dg ensity Bonus Agreement. 15-81.070 Consistency with State Law: 15-81.010 Purpose and Applicability. The purpose of the provisions of this Article is to comply with the Statewide Density Bonus Law (California Government Code 65915) and to implement the Housing Element of the General Plan, by providing increased residential densities for projects that guarantee that a portion of the housing units constructed in a housing development, will be restricted to senior citizens or affordable to moderate, lower, or very low income persons or for the donation of land for very low income housing. The provisions of this Article shall apply to all new housing developments or land donations for very low income housing as defined below. 15-81.020 Definitions. The following terms are hereby defined for-the purposes of this Article: A. Affordable Housing Units. Housing units affordable to moderate, lower or very low income persons provided through the housing density bonus program pursuant to and as defined in California Government Code Section 65915. B. Child Care Facility. A child day care (non-residential care) facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. C. Common Interest Development. A common interest development as defined in Section 1351 of the California Civil Code as now in effect or hereinafter amended. [At the time of adoption of this Article, common interest development means any of the following: 1) A community apartment project, 2) a condominium project, 3) a planned development, or 4) a stock cooperative.] D. Community Apartment Project. A community apartment project as defined in Section • .1351 (d) of the California Civil Code as now in effect or hereinafter amended. [At the time of adoption of this Article, a community apartment project means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of the apartment located thereon.] E. Condominium Project. A condominium project as defined in Section 1351 (f) of the California Civil Code, as now in effect or hereinafter amended.. [At the time of adoption of this Article, a condominium project means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in a space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.] F. Density Bonus. A density bonus means a density increase over the otherwise maximum allowable residential density under the applicable Zoning Ordinance and Land Use Element of the City of Saratoga General Plan as of the date of application by the applicant to the City. The density bonus shall apply to housing developments consisted of five or more dwelling units pursuant to Section 65915 of the California Government Code as now in effect and hereinafter amended. G. Development Standard. A development standard includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution or regulation. H. Housing Development. A housing development as defined in Section 65915 (j) of the California Government Code as now in effect or hereinafter amended. [At the time of adoption of this Article, a housing development means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. A housing development also includes a planned unit development or condominium project.] I. Initial Subsidy. The initial subsidy is equal to the fair market value of the housing unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. J. Lower Income Household. Households of lower income as defined in Section 50079.5 of the California Health and Safety Code as now in effect or hereinafter amended.. [At the time of the adoption of this Article, a household whose median income is equal to or less than 80% of Santa Clara County's median income is Lower Income, and is considered to be able to afford rent that does not exceed 30 percent of 60 percent of the Santa Clara County median income.] K. Maximum Allowable Residential Density. The density allowed in the General Plan and the Zoning Ordinance of the City, or if a range of density is permitted, means the . maximum allowable density for the specific zoning range applicable to the project. L. Moderate Income Household. Households of moderate income as defined in Section 50093 of the California Health and Safety Code as now in effect or hereinafter amended. [At the time of adoption of this Article, a household whose median income is equal to or less than 120% of Santa Clara County's median income. is Moderate Income, and is considered to be able to afford rent that does not exceed 30 percent of 80 percent of the Santa Clara County median income.] M. Proportionate Share of Appreciation. The proportionate share of appreciation is equal to the ratio of the initial subsidy to the fair market value of the housing unit at the time of initial sale. N. Senior Citizen. Qualifying resident or senior citizen as defined in Sections 51.3 and 51.12 of the California Civil Code as now in effect or hereinafter amended. [At the time of the adoption of this Article, qualifying resident or senior citizen were generally defined as a person 62 years of age or older, or 55 years of age or older living in a senior citizen housing development other than a mobile home, or the spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident or senior citizen.] O. Senior Citizen Housing Development. A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code as now in effect or hereinafter amended. [At the time of adoption of this Article, a senior citizen housing development consists of more than 20 dwelling units and is designated as a senior community by its applicant and zoned as a senior community by a local governmental entity, or characterized as a senior community in its governing documents, as these are defined in Section 1351, or qualified as a senior community under the federal Fair Housing Amendments Act of 1988, as amended.] P. Stock Cooperative. A stock cooperative as defined in Section 1351 (m) of the California Civil Code as now in effect or hereinafter amended. [At the time of adoption of this Article, a stock cooperative means a development in which a corporation is formed or availed thereof, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation received a right of exclusive occupancy in a portion of real property, title to which is held by the corporation.] Q. Very Low Income Household. Households of Very Low Income as defined in Section 50105 of the California Health and Safety Code as now in effect or hereinafter amended. _, [At the time of the adoption of this Article, a household whose median income is equal to or less than 50% of Santa Clara County's median income is Very Low Income, and is considered to be able to afford rent that does not exceed 30 percent of 50 percent of the Santa Clara County median income.] 15-81.030 Criteria and Standards for Density Bonus and Incentive(s) or Concession(s). A. The City shall grant one density bonus, in accordance with subsection D.S. below, when an applicant for a housing development, as defined in this Article, seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded, that will contain at least any one of the following, and satisfies the findings outlined in subsection 15-81.040.B.4.: 1. Ten percent of the total dwelling units of a housing development for lower income households as defined in this Article. 2. Five percent of the total dwelling units of a housing development for very low income households as defined in this Article. 3. A senior citizen housing development, as defined in this Article, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. 4. Ten percent of the total dwelling units in a common interest development, as defined in this Article, for persons and families of moderate income, as defined in this section, provided that all units in the development are offered to the public for purchase. For purposes of calculating the amount of the density bonus, the applicant who requests a density bonus pursuant to this Article shall elect whether the bonus shall be awarded on the basis of Subsections 1, 2, 3, or 4 of this Section 15-81.030A. The density bonus shall not be included when determining the number of housing units which are to be affordable. B. When an applicant seeks and agrees to construct any one of the housing developments specified in section 15-81.030.A., the City shall grant incentives or concessions as described below, if requested by the applicant, in addition to a density bonus, provided the findings outlined in subsection 15-81.040.B.4. are satisfied: 1. A reduction in site development standards or a modification of zoning ordinance requirements or architectural design requirements that exceed that minimum building standards approved by the California Standards Commission as provided for in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code including, but not limited to, a reduction in minimum private and common open space, minimum landscaping, required off-street parking, minimum lot sizes, maximum height limits and setback requirements. 2. Approval of mixed-use zoning within the housing development where it is demonstrated that commercial, office, or other nonresidential land uses will reduce housing costs over residential-only uses on a site and will be compatible with the existing and planned housing units on the site and the surrounding neighborhood where the proposed housing development will be located. 3. Other incentives proposed by the applicant or the City which result in identifiable and actual cost reductions, including, but not limited to, the following: a. Expedited "fast track" processing of development applications and permits (e.g. allowing plan check to begin during planning appeal period); b. Waiver of filing or processing fees on development applications and permits, or other development fees, following established City fee waiver processes or policies; c. Other regulatory incentives or concessions which result in identifiable cost reductions. There is no requirement, however, for the City to provide any direct financial incentives for the housing development, to waive fees and/or dedication requirements, or to provide publicly-owned land for a housing development. C. The applicant shall receive the following number of incentives or concessions, in addition to a density bonus: 1. One incentive or concession for the projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. 2. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. 3. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. Nothing in this Article shall be construed to prohibit the City from granting a greater number of concessions or incentives that what is described in this Article for a housing development that meets the requirements of this Article. D. The following standards shall apply to the granting of the density bonus and incentives: 1. Duration of affordability. The applicant shall agree to, and the City shall ensure, continued affordability of all low- and very low income housing units receiving a density bonus for 30 years, or a longer period of time if required by an applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Tie applicant shall agree to, and the City shall ensure that, the initial occupant(s) of the moderate-income housing units receiving a density bonus in a common interest development, as defined above, are persons and families of moderate income and that the units aze offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the California Health and Safety Code as now in effect or hereafter amended. • • 2: Location and Design of Affordable Housing Units. The affordable housing units shall be integrated with other housing units in the housing development with regard to siting and placement within buildings, and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous pazcels within the site. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multi-building development. 3. Location of Density Bonus Units. The density bonus units can be located in geographic azeas of the development site other than the azeas where the units for affordable housing units aze located, and can be located only on parcels for which the density bonus was granted. 4. Zoning Basis. The maximum units allowed shall be based on the provisions of the zoning district of the project site, and the net acreage of the project site shall be the basis on which the density bonus is determined unless the project is a planned community district, in which case the project shall be developed pursuant to the provisions of Article 15-16 Planned Community District of the Zoning Ordinance and the density bonus will be determined based on the General Plan designation. 5. Density Bonus Calculation. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established above in Section 15-81.030.A, unless a lesser percentage is elected by the applicant over the maximum allowable residential density. a. The density bonus for housing developments meeting the criteria of Section 15- 81.030.A.1. shall be calculated as follows: Percentage Lower Income Units 10 11 12 13 14 15 16 17 18 19 20 Percentage Density Bonus 20 21.5 23 24.5 26 27.5 29 30.5 32 33.5 35 b. The density bonus for housing developments meeting the criteria of Section 15-081.030.A.2. shall be calculated as follows: Percentage Very Low Income Units 5 6 7 8 9 10 11 Percentage Densitv Bonus 20 22.5 25 27.5 30 32.5 35 c. The density bonus for housing developments meeting the criteria of Sectionl5- 81.030.A.3. shall be 20 percent. d. The density bonus for housing developments meeting the criteria of Section 15- 81.030.A.4 shall be calculated as follows: Percentage Moderate Income Units Percentage Densitv Bonus 10 5 11 6 12 7 13 14 8 9 15 10 16 11 17 12 18 13 19 i4 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 • 37 32 38 33 39 34 40 3~ All density calculations resulting in fractional units shall be rounded up to the next whole number. e: When the applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided for in this Article, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as follows: Percentage Very Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 This increase shall be in addition to any increase in density mandated by Section 15- 81.030.A., up to a maximum combined mandated density increase of 35 percent if the applicant seeks both the increase required pursuant to this section and Section 15- 0$1.030.A. Nothing in this Section shall be construed to enlarge or diminish the authority of the City to require a .developer to donate land as a condition of development. The applicant shall be eligible for the increased density bonus . described in this section if all the following conditions are met: • 1. The applicant shall donate and transfer lands no later than the date of approval of the final subdivision map, parcel map, or residential development application. 2. The developable acreage and zoning classification of the land being transferred • are sufficient to permit construction of units affordable to -very low income households in the amount not less than 10 percent of the number of residential units of the proposed development. 3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The transferred lands shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units prior to the date of approval of the final subdivision map, parcel map, or of the residential development. 4. The transferred lands and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Article, which shall be recorded on the property at the time of dedication. 5. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the .land to the applicant. 6. The transferred land shall be within the boundary of the proposed development or, if the City agrees, .within one-quarter mile of the boundary of the proposed development. f. When an applicant proposes to construct a housing development that conforms to the requirements of requirements of 15-81.030.A. and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either of the following: 1. An additional density bonus that is an amount of square feet of residential space. that is equal to or greater than the amount of square feet in the childcare facility. 2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. The City shall require, as a condition of approving the housing development that the following shall occur: 1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable per this Article. 2. Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or • families of moderate income pursuant to this section. • The City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child caze facilities. 15-81.040 Procedures. A. Housing Density Bonus and Incentive Application and Approvals. 1. The request for approval of a density bonus and incentive(s) pursuant to this Article shall be made along with other applicable related planning action requests for the project as specified in the City of Saratoga Zoning Ordinance, except for projects for which one or more approvals has been sought prior to the adoption of this Article. 2. The request for approval of a density bonus and incentive(s) shall include the following items: a. A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the planning approval(s) required. b. A site map showing the location and general layout of the proposed housing development and surrounding land uses and roadways. c. A written request for the specific incentive(s) or concession(s) sought accompanied rationale and accurate supporting information sufficient to demonstrate that any requested incentive is necessary to make the affordable units economically feasible and set rents at qualifying levels. If applicable, the applicant shall identify the proposed use of any housing subventions or programs for the housing development, such as Community Development Block Grants or other sources of funding. 3. Within 90 days of receipt of a complete preliminary proposal, the Planning Director shall notify the applicant in writing what the staff will recommend as to how the City will comply with this Article, and shall indicate whether or not the housing development complies with this Article and with the applicable planning and zoning regulations. 4. If the housing development is proposed as a planned area district, the density bonus and incentive(s) shall be considered along with the rezoning. If the housing development is not proposed as a planned area district, a conditional use permit shall be required for the density bonus and incentive(s) or concession(s). 5. All of the following findings must be made, as applicable; in order to approve a density bonus and incentive(s): • a. That the density bonus will contribute significantly to the economic feasibility of providing the affordable housing units. b. That the incentive is required in order to make the affordable housing units • economically feasible or to set rents at qualifying levels for senior citizens and for moderate income, lower income or very low income households. c. That the increased density and incentive(s) or concession(s) will not cause significant adverse effects on the character of the surrounding neighborhood or public health and safety. d. That there will be no adverse traffic, noise, parking, or other impacts resulting from the proposed density bonus or incentive. e. That the design, siting and income thresholds of the affordable housing units substantially comply with all of the requirements and standards set forth in this Article. f. That, prior to issuance of any building or grading permit for the housing development, there will exist in enforceable recorded agreement to maintain the affordability of the affordable housing units for the duration required by this Article. g. That the overall housing development will be of a quality that will preserve the integrity of, and upgrade, the existing neighborhood. 15-810.050 Criteria to Evaluate Requested Incentive(sl or Concession(s). • A. At least one of the following criteria shall be used to evaluate whether an incentive is sufficient to make the affordable housing units economically feasible: 1. A development pro forma with the capital costs, operating expenses, return on investment, revenues, loan-to-value ratio and the debt-coverage ratio including the contribution provided by any applicable subsidy programs, and the economic effect created by the 30 year use and income restrictions of the affordable housing units. 2. An appraisal report indicating the value of the density bonus and of the incentive(s) and of the value of any other incentives. 3. Sources and use of funds statement identifying the projected financing gap of the project with the affordable housing units that are the basis for granting the density bonus and incentive(s). The applicant shall establish how much of the gap would be covered by the density bonus, leaving a remainder figure to be covered by an additional incentive. B. Determination of the completeness and accuracy of the financial information submitted in support of a request for an incentive and evaluation of this information shall be made by the City, or by a third party agreed to jointly by the City and the applicant. • C. The City shall grant the concession or incentive requested unless the City makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Coder, or for rents for the targeted units to be set as specified above. b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. D. Upon the request of the applicant, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting -the criteria of subdivision (b) that exceeds the following ratios: a. Zero to one bedroom, one onsite parking space. b. Two to three bedrooms, two onsite parking spaces. c. Four of more bedrooms; two and one-half parking spaces. 15-81.060 Required Affordable Housin Dg ensity Bonus Agreement. Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded or incentives or concessions have been granted, the applicant shall enter into a written agreement with the City for the duration of affordability. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the applicant, and shall be recorded in the Contra Costa County Recorder's .Office. The agreement shall be approved by the City Attorney and shall include provisions for the following: A. The number and proportion of housing units affordable to moderate. income, lower income and very low income households by type, location, and number of bedrooms. B. Standards for maximum qualifying household incomes and maximum rents or sale prices. C. The party responsible for certifying rents and sale prices of affordable housing units. D. The process that will be used to certify incomes of tenants or purchasers of the affordable housing units. E. The manner in which vacancies -will be marketed and filled, including the screening and • qualifying of prospective renters and purchasers of the affordable units. F. Deed restrictions on the affordable housing units binding on property upon sale or transfer. G. Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households an are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households. H. Project phasing, including the timing of completion, and rentals or sale of the affordable housing units, in relation to the timing of the market-rate units. I. The local government shall enforce anequity-sharing agreement for moderate income units that are directly -related to the receipt of the density bonus in the common interest development, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. 15-81.070 Consistency with State Law. The provisions of this Article are intended to comply with California Government Code Section 65915, as amended. In the event that any provision of this Article conflicts with Government Code Section 65915 or any related State laws, the State law shall apply. SECTION II. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phase of this Ordinance for any reason held to be unconstitutional or invalid, such a decision shall not effect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase. SECTION III. Effective Date. This ordinance becomes effective after its final passage and adoption. • PASSED AND ADOPTED by the City. of Saratoga Planning Commission, State of California, May 10, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission • • • Attachment 2 • • DAIS Document Retrieval • C~' • CALIFORNIA CODES GOVERNMENT CODE SECTION 65915-65918 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=757348231... 65915. (a) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this section. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented.. (b) (1) A-city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (g), and incentives or concessions, as described in subdivision (d), when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: (A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of-the Health and Safety Code. (B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision.(f), the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), or (D) of paragraph (1). (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement: (A) Upon resale, the seller of the unit shall retain the value of f ~ 1 5/4/2006 8:35 AM ~'AIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=757348231'... any improvements, the downpayment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. (B) For purposes of this subdivision, the local government's initial subsidy shall be-equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for. the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county.. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific .adverse impact without rendering the development unaffordable to low- and moderate-income households. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. (B) Two incentives or concessions for projects that include at least 20 percent of the total units for. lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision. (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be • • of 11 5/4/2006 8:35 AM DAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=757348231... interpreted to require a local government to grant an incentive or concession. that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county .shall also establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety,. or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which-the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 1 5/4/2006 8:35 AM DAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=757348231::. c;; 19 33.5 20 35 (2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Percentage Density Bonus Income Units 5 20 6 22.5. ~ 25 g 27.5 9 30 10 32.5 11 35 (3) For housing developments meeting the criteria of .subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent. (4) For housing developments meeting the criteria of subparagraph ~ ~ (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Moderate- Percentage Density Bonus Income Units 10 5 11 6 12 7 13 8 14 9 15 10 16 11 1~ 12 18 13 19 14 20 15 21 16 22 l~ of 11 5/4/2006 8:35 Ai\9 ~AiS Document°Retrieval 23 18 • 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 • 39 33 34 40 35 http://www.leginfo. ca.gov/cgi-bin/waisgate? WAISdocID=757348231... (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b), "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units. (h) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county as provided for in this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as follows: • Percentage Very Low Percentage Density Bonus Income 10 15 11 16 12 17 ;` 1 I 5/4/2006 8:35 AM IAIS Document Retrieval 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 2g 33 29 34 30 35 http://www.leginfo. ca. gov/cgi-bin/waisgate? WAISdocID=757348231:.. (2) This increase shall be in addition to any increase in density. mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an.amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary. for the development of the very low income housing units on the transferred land, except • ~~ • of 11 5/4/2006 8:35 AM DAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=757348231... that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. (D) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of dedication. (E) The land is transferred to-the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (F) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (i) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). . (B) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (4) "Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (j) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic . areas of the housing development other than the areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary ~f 11 5/4/2006 8:35 AM DAIS Document Retrieval http://www.leginfo. ca.gov/cgi-bin/waisgate? W AISdocID=7 5 7348231:.. approval. This provision is declaratory of existing law. (1) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land-uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by.the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does not limit or require the provision of. direct financial incentives for the housing development., including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code. (n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) "Development standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or -other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: (A) Zero to one bedrooms: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet parking. (3) This subdivision shall apply to a development that-meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d). 65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the • • • yf 11 5/4/2006 8:35 A'_VI DAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=757348231... total units of the proposed condominium project to persons-and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the • proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or-city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. (b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. (c) For purposes of this section; "other incentives of equivalent financial value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county; or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city, county, or city • and county shall establish procedures for carrying out this section, which shall-include legislative body approval of the means of compliance with this section. (e) Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums. (f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other .incentives were provided under Section 65915. 65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section. 65917. In enacting this chapter it is the intent of the Legislature that the density bonus. or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not • offer a density bonus or any other incentive that would undermine the intent of this chapter. ~f 11 5/4/2006 8:35 AM DAIS Document Retrieval http://www.leginfo. ca. gov/cgi-bin/waisgate? WAISdocID=75 7348231:.. 65917.5. (a) As used in this section, the following terms shall have the following meanings: (1) "Child care facility" means a facility installed, operated, and maintained under this section for the nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable. zoning ordinance and land use elements of the general plan of a city, including a charter city, city and county, or county of: (A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures. (B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures. For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child -care facility as set forth in appli-cable state child care licensing requirements shall be included in the floor area of the child care facility. (3) "Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors to make application for development approvals for the development or redevelopment of a commercial or industrial project. (4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the additional square footage. Projects constructed under this section shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to construction in the zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on the project-site or may be located offsite as agreed upon by the developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether the location of -the child care facility is appropriate and whether it conforms with the intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children. (c) The developer may operate the child care facility itself or may contract with a licensed child .care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus. (d) If the developer uses space allocated for childcare facility ,r u • • of 11 5/4/2006 8:35 AM DAIS Document Retrieval http://www:leginfo.ca.goy/cgi-bin/waisgate?WAISdocID=75734 $231... purposes, in accordance with subdivision (b), for any purposes other than for a child care .facility, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall b consistent with the market value of the space. If the developer fails to have the space allocated-for the child care facility withi three years, from the date upon which the first temporary certifica of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall b consistent with the market value of the space: Any penalty levied against a consortium of developers shall be charged to each develop in an amount equal to the developer's percentage square feet participation. Funds collected pursuant to this subdivision shall deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisor into a special account to be used for childcare services or child care facilities. (e) Once the child care facility has been established, prior. to the closure, change in use, or reduction in the physical size of, th facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisor shall be required to make a finding-that the need for child care is no longer present, or is not present to the same degree as it was a the time the facility was established. (f) The requirements of Chapter 5 (commencing with Section 66000 and of the amendments made to Sections 53077, 54997, and 54998, by Chapter 1002 of the Statutes of 1987 shall not apply to actions take in accordance with this section. (g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative. 65918. ,The provisions of this chapter shall apply to charter cities. e n to e er be s e s t n C :~f 11 5/4/2006 8:35 AM Senate Bill No. 1818 CHAPTER 928 An act to amend Section 65915 of the Government Code, relating to housing. [Approved by Governor September 29, 2004. Filed with Secretary of State September 30, 2004.] LEGISLATIVE COUNSEL'S DIGEST SB 1818, Hollingsworth. Density bonuses. The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus or other incentives or concessions for the production of lower income housing units within the development if the developer meets certain requirements, including a requirement that the applicant agree or propose to construct a specified percentage of the total units for specified income households or qualifying residents. Existing law also requires an additional density bonus or additional concession or incentive to be granted to a developer of housing that meets those requirements and includes a child care facility, as defined, subject to specified conditions. Existing law prohibits the legislative body from establishing fees to support the work of the planning agency that exceed the reasonable cost of providing the service for which the fee is charged. This bill would revise the above-described provision to, among other • things, require, when a developer seeks a density bonus for a housing development within, or-for the donation of land within, the jurisdiction of the local government, that the local government provide a density bonus or other incentives or concessions for the production of housing units and child care facilities, as specified. By increasing the duties of local officials, this bill would impose astate-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 90 Ch. 928 - 2 The people of the State of California do enact as follows: SECTION 1. Section 65915 of the Government Code is amended to read: 65915. (a) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this section. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented. (b) A city, county, or city and county shall grant a density bonus and incentives or concessions described in subdivision (d) when the applicant for the housing development seeks and agrees to construct at least any one of the following: (1) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code. (2) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. (3) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code. (4) Ten percent of the total dwelling units in a condominium project as defined in subdivision (f) of, or in a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code, for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all lower income density bonus units for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for lower income households, as defined in Section 50079.5 of the Health and Safety Code, shall be affordable at a rent that does not exceed 30 percent of 60 percent of area median income. Those units targeted for very low income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income. (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the .condominium project as defined in subdivision (f) of, or in the planned 90 - 3 - Ch. 928 unit development as defined in subdivision (k) of, Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The local government shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. (d) (1) An applicant may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county: The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development. (B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development. 90 ~J Ch. 928 - 4 - (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income- households, or at least 30 percent for persons and families of moderate income in a condominium or planned development. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attomey's fees and -costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county shall also establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. If a court fmds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589:5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to 90 • - 5 - Ch. 928 require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) (1) For the purposes of this chapter, except as provided in paragraph (2), "density bonus" means a density increase of at least 20 percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). For each 1 percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. For each 1 percent increase above 5 percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. The density bonus shall not be included when determining the number of housing units that is equal to 5 or 10 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. (2) For the purposes of this chapter, if a development does not meet the requirements of paragraph (1), (2), or (3) of subdivision (b), but the applicant agrees or proposes to construct a condominium project as defined in subdivision (f) of, or a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code, in which at least 10 percent of the total dwelling units are reserved for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, a "density bonus" of at least 5 percent shall be granted, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. For each 1 percent increase above 10 percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by 1 percent up to a maximum of 35 percent. All density calculations resulting in fractional units shall be rounded up to the next 90 • • • Ch. 928 - 6 - • whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or. other discretionary approval. The density bonus shall not be included when determining the number of housing units that is equal to 10 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. (h) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county as provided for in this subdivision, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. For each 1 percent increase above the minimum 10 percent land donation described in paragraph (2) of this subdivision, the density bonus shall be increased by 1 percent, up to a maximum of 35 percent. This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be constnted to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred aze sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (3) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed 90 - 7 - Ch. 928 development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. (4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of dedication. (5) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (6) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (i) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend the child care facility, the children of very low income households, lower income households; or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (4) "Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited 90 • • • Ch. 928 - 8 - to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (j) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes a subdivision or a planned unit development or condominium project, as defined in Section 1351 of the Civil Code, approved by a city, .county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65.863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law. (n For the purposes of this chapter, concession or incentive means . any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California . Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. 90 r~ ~~ - 9 - Ch. 928 This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code). (n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) "Development standazd" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehiculaz pazking ratio, inclusive of handicapped and guest pazking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: (A) Zero to one bedrooms: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered pazking, but not through onstreet parking. (3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d). SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufFicient to pay for the program or level of service 90 • r~ ~J • Ch. 928 -10 - • mandated by. this act, within the meaning of Section 17556 of the Government Code. • O 90 • B 435 Senate Bill - CHAPTERED http://ct2k2.capitoltrack.comBills%SCsen%SCsb 0401-0450%SCsb:.. BILL NUMBER: SB 435 CHAPTERED BILL TEXT CHAPTER 496 • FILED WITH SECRETARY OF STATE OCTOBER 4, 2005 APPROVED BY GOVERNOR OCTOBER 4, 2005 PASSED THE SENATE AUGUST 30, 2005 PASSED THE ASSEMBLY AUGUST 22, 2005 AMENDED IN ASSEMBLY AUGUST 18, 2005 AMENDED IN ASSEMBLY JUNE 21, 2005 AMENDED IN SENATE APRIL 13, 2005 AMENDED IN SENATE MARCH 29, 2005 INTRODUCED BY Senator Hollingsworth FEBRUARY 17, 2005 An act to amend Section 65915 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST SB 435, Hollingsworth Housing: density bonuses. The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or the donation of land within the development if the developer meets certain . requirements, including a requirement that the developer agrees to construct a specified percentage of the total units for specified income households or qualifying residents. This bill would include within those eligibility requirements the construction of a mobilehome park that limits residency based on age requirements for housing for older persons and the construction, for persons and families of moderate income, of a community apartment project and a stock cooperative. The local administrative requirements imposed by the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: _ SECTION 1. It is the intent of the Legislature that local governments encourage, to the maximum extent practicable, the location of housing developed pursuant to Section 65915 of the Government Code in urban areas with adequate infrastructure to serve the housing. SEC. 2. Section 65915 of the-Government Code is amended to read: 65915. (a) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local • government shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this section.-All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with of 9 5/4/2006 8:32 AM B 435 Senate Bill - CHAPTERED http://ct2k2.capitoltrack.com/Bills%SCsen%SCsb_0401-0450%5 Csb... ' this section will be implemented. (b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (g), and incentives or concessions, as described in subdivision (d), when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: (A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code. (B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), or (D) of paragraph (1). (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage .financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall be available at an affordable Housing cost as defined in Section 50052.5 of the Health and Safety Code. (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement: (A) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes.. described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. (B) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time cf 9 5/4/2006 8:32 AM ~B 435 Senate Bill - CHAP'I'ERED http://ct2k2.capitoltrack.com/Bills%SCsen%SCsb_0401-0450%5 Csb'... of initial sale. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, 'county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons. and families of moderate income in a common interest development. (B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined_in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county shall also establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement. of public works improvements. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An apply.-cant may submit to a city, county, or city and • • of 9 5/4/2006 8:32 Ai~~ ~ 435 Senate Bill - CHAPTERED htip://ct2k2.capitoltrack.com/Bills%SCsen%SCsb_0401-0450%5 Csb... county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court-shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse .impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds -the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (2)-For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Percentage Density Bonus Income Units 5 20 ,f 9 5/4/2006 8:32 AM B 435 Senate Bill - CHAPTERED 6 22.5 '7 2 5 g 27.5 9 30 10 32.5 11 35 (3) For housing developments meeting the criteria of subparagraph • (C) of paragraph (1) of subdivision (b), the' density bonus shall be 20 percent. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: I Percentage Moderate- Percentage Density Bonus Income Units ~ 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 I 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 http://ct2k2.capitoltrack.comBills%SCsen%SCsb_0401-0450%5 Csb:.. of 9 5/4/2006 8:32 AM B 435 Senate Bill - CHAPTERED • 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 http://ct2k2.capitoltrack.com/Bills%5 Csen%SCsb_0401-4450%SCsb... (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b), "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units. (h) (1) When an applicant for a tentative subdivision map,_parcel map, or other residential development approval donates land to a city, county, or city and county as provided for in this subdivision, the applicant shall be entitled to,a 15-percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as follows: Percentage Very Low Percentage Density Bonus Income 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 .f 9 5/4/2006 8:32 AM B 435 Senate Bill - CHAPTERED 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 http://ct2k2.capitoltrack.com/Bills%5 Csen%SCsb_0401-0450%SCsb:.. (2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. (D) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of dedication. (E) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (F) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (i) (1) When an applicant proposes to construct a housing. development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises • • • ~f 9 5/4/2006 8:32 AM ;B 435 Senate Bill - CHAPTERED http://ct2k2.capito]track.com/Bills%SCsen%SCsb .0401-0450%SCsb... of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of.square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The-child care facility shall remair: in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for .very low income households, lower income households, or families of .moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care .facilities. (4) "Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child care centers. (j) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law. (1) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2,5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. • (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, cr other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area f9 5/4/2006 8:32 AM .B 435 Senate Bill - CHAPTERED http://ct2k2.capitoltrack.com/Bills%SCsen%SCsb_0401-0450%SCsb:.. where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county., or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code. (n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) "Development standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: (A) Zero to one bedrooms: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet parking. (3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d). SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level. of service mandated by this act, within the meaning of Section 17556 of the Government Code. • of 9 5/4/2006 8:32 AM • • Attachment 3 • City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 PROPOSED NEGATIVE DECLARATION PROJECT TITLE: PROJECT APPLICANT: PROJECT CONTACT PERSON ADDRESS: TELEPHONE: PROJECT LOCATION: Zoning Text Amendment for the State mandated Density Bonus program City of Saratoga Lata Vasudevan, AICP Community Development Department ::408-868-1235 City of Saratoga County of Santa Clara State of California PUBLIC HEARING: Yet to be scheduled PUBLIC REVIEW PERIOD: February 1-February 20, 2006 PROJECT DESCRIPTION: California State Government Code 65915 mandates a local program to provide density bonuses, incentives, concessions, waivers, and uniform parking standards for development projects that meet certain requirements concerning the inclusion of very low, low, moderate income housing units or senior housing units. The Density Bonus Amendment is an amendment to Chapter 15 of the Saratoga Zoning Ordinance specifying how compliance with Government Code 65915 is implemented in the City of Saratoga. The proposed zoning text amendment is consistent with the objectives of the City of Saratoga General Plan in that it implements Program 2.1 of the adopted Housing Element. In summary, Government Code Section 65915 pro~~ides for the following: Projects that include at least ten percent of the units for lower income households or five percent of the units for very low income households, or projects that include ten percent of the units for moderate income households in a condominium project or planned development as defined by state law, or senior projects are entitled to a density bonus and are also entitled from one to three concessions or incentives related to standards. The percentage of units to be added as a density bonus, from-five to 35 percent, depends on the income level to which the units are affordable and the percentage of units that are affordable. The City will establish a procedure for granting or denying requests for concessions or incentives. The City will also establish a procedure for waiving or modifying development standards that have the effect of precluding a project that meets the requirements for receiving a concession or incentive or a density bonus from being • constructed at the density permitted by the statute or incorporating the concession or incentives to which the project is entitled. Certain findings may be made for denial of a request for concessions or incentives. The statute establishes a bonus and entitles the project to an additional concession or incentive for providing a childcare facility that meets certain requirements. It also establishes a density bonus for applicants seeking a subdivision approval, if land is donated for affordable housing. Finally, the statute establishes onsite parking ratios for all units in development projects that include the percentages of units necessary for a density bonus or concessions: one space for zero to one bedroom; two spaces for two or three bedrooms; two and one half spaces for four or more bedrooms. The ratios are inclusive of handicapped and guest parking. FINDING: On the basis of the Initial Study on file in Community Development, it has been determined that the proposed project COULD NOT have a significant effect on the environment. • INITIAL STUDY CITY OF SARATOGA DENSITY BONUS ZONING TEXT AMENDMENT 1. Project Title: Application No. 06- 235 Density Bonus Amendment 2. Project Location: City of Saratoga 3. Lead Agency Name and Address: City of Saratoga, Planning Department, 13777 Fruitvale Avenue, Saratoga, CA 95070 4. Contact Person & Phone Number: Lata Vasudevan AICP, Associate Planner (408) 868-1235 5. Project Sponsor's Name and Address: City of Saratoga 6. General Plan Designation: . All General Plan areas in which single-family, multi-family and mixed use development is permitted 7. Zoning: All zoning districts in which single-family, multi-family and mixed use development is permitted. 8. Description of Project: California State Government Code Section 65915 mandates a local program to provide density bonuses, incentives and concessions, waivers and uniform parking standards for development projects that meet certain requirements concerning the inclusion of very low, low, and moderate income housing units or senior housing units. The Density Bonus Amendment is an amendment to Chapter 15 of the Saratoga Municipal Code (Zoning Ordinance) specifying how compliance with Government Code 65915 is implemented in the City of Saratoga. In summary, Government Code Section 65915 provides for the following: Projects that include at least ten percent of the units for lower income households or five percent of the units for very low income households, or projects that include ten percent of the units for moderate income households in a condominium project or planned development as defined by state law or senior housing projects are entitled to a density • bonus, from 5 to 35 percent, depending on the income level to which the units are Initial Study Density Bonus Amendment affordable and the percentage of units that are affordable. The City of Saratoga will establish a procedure for granting or denying requests for concessions or incentives. The City will also establish a procedure for waiving or modifying development standards that have an effect of precluding a project that meets the requirements for receiving a concession or incentive or a density bonus from being constructed at the density permitted by the statute or incorporating the concession or incentives to which the project is entitled. Certain findings may be made for denial of a request for concessions or incentives. The statute establishes a bonus and entitles the project to an additional concession or incentive for providing a childcare facility that meets certain requirements. It also establishes a density bonus for applicants seeking a subdivision approval, if land is donated for affordable housing. Finally, the statute establishes onsite parking ratios for all units in development projects that include the percentages of units necessary for a density bonus or concessions: one space for zero to one bedroom; two spaces for two or three bedrooms; two and one half spaces for four or more bedrooms. The ratios are inclusive of handicapped and guest p~'~g• 9. Surrounding Land Uses and Setting: Citywide 10. Other agencies whose approval is required: None Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project: ^ Aesthetics ^ Agricultural Resources ^ Air Quality ^ Biological Resources ^ Cultural Resources ^ Geology/Soils ^ Hazards & Hazardous Materials ^ Hydrology/Water Quality ^ Land Use/Planning ^ Mineral Resources ^ Noise ^ Population/Housing ^ Public Services ^ Recreation ^ Transportation/Traffic ^ Utilities/Service Systems ^ Mandatory Findings of Significance • 2 Initial Study Density Bonus Amendment • Determination: ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL I1VIl'ACT REPORT is required. ^ I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but a least one effect (1) has been adequately analyzed in an earlier_document pursuant to applicable legal standards, and (2) has been address by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the • environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ~'_ ~~ ~~~ Lata asudevan AICP, Associate Planner Date • 3 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 1. AESTHETICS. Would the project: A) Have a substantial adverse effect on a scenic vista? X Discussion: No Impact -The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with State Government Code Section 65915 is implemented. There are no changes to City development standards or design guidelines. To be eligible for a density bonus or the associated provisions, a project must be of at least five units, not including the density bonus units. Consequently, all projects benefiting from Government Code 65915 are subject to City of Saratoga's design review process. In accordance with Section 15=46 of the City's Zoning Ordinance, the design of all projects qualifying for the density provisions will be reviewed by the Planning Commission for design review approval. This regulatory procedure provides the City with a layer of review for aesthetics, and an opportunity to incorporate additional conditions to increase the aesthetic value of a project. B) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and lustonc buildings within a scemc highway? X Discussion: No Impact -Developers of qualifying projects maybe eligible for concessions such as building height, setbacks etc. However, this analysis relates to implementing State law and the direct impact related to future projects is too speculative to evaluate at this time. The City has regulatory procedures in place (e.g. design review and tree protection requirements) to ensure that future projects will not have a significant aesthetic impact. C) Substantially degrade the. existing visual character or quality of the site and its surroundings? X Discussion: No Impact -See 1 A) and 1 B) above. • 4 Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated D) Create a new source of substantial light or glare which would adversely affect day or night time views in the area? X Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with Government Code Section 65915 is implemented. There are no changes to City development standards or design guidelines. The design of projects benefiting from Government Code Section 65915, including (but not limited to) finish, colors, and materials, will be reviewed for approval through the design review process. This regulatory procedure provides the City with an additional layer of review for aesthetics including light and glare, and an opportunity to incorporate additional conditions to improve the project's building materials and lighting plans. 2. AGRICULTURAL RESOURCES. Would the project: • A) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X Discussion: No Impact -The City of Saratoga is a developed suburban area surrounded by hillsides to the west. The City contains no prime farmland, unique farmland, or farmland of statewide importance, as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. (Source: Dept. of Conservation, Division of Land Resource Protection Map). B) Conflict with existing zoning for agricultural use or a Williamson Act contract? X Discussion: No Impact -Existing Agricultural zones and Agricultural Preserve overlay zones will not be impacted by the proposed amendment since such zoning designations do not allow multi-family dwellings. C) Involve other changes in the existing environment which due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Discussion: No changes are anticipated. (Source: City of Saratoga Zoning District Map and General Plan Map). $ Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 3. AIR QUALITY. Would the project: A) Conflict with or obstruct implementation of the applicable air quality plans? X Discussion: The City of Saratoga is within the Bay Area Air Quality Management District [BAAQMD]. The district periodically prepares and updates plans to achieve the goal of healthy air. Bay Area plans are prepared with the cooperation of the Metropolitan Transportation Commission and the Association of Bay Area Governments. The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with Government Code Section 65915 is implemented. There are no changes to the base densities permitted either by the General Plan Land Use Element or by the Zoning Map, so projects benefiting from Government Code 65915 will be consistent with permitted densities. The project does not propose any new development or building floor area. Future development projects will be reviewed to determine whether they are compatible with all applicable air quality plans and standards. (Source: Bay Area Air Quality Management District [B~QMD])• B) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X Discussion: Refer to section 3A). C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X Discussion: Refer to 3A). D) Expose sensitive receptors to substantial pollutant concentrations? X Discussion: The provisions of Government Code Section 65915 do apply to multifamily residential development, which is considered a sensitive receptor. However, the permitted land uses are not proposed to change, and residents living in or near future projects will not be exposed to substantial pollutant concentrations. 6 Initial Study Density Bonus Amendment Potentially Less than -Less than No Impact Significant Significant Significant Impact With . Impact Mitigation Incorporated E) Create objectionable odors affecting a substantial number of people? X Discussion: Not applicable. Multi-family residential development is not associated with the generation of objectionable odors. 4. BIOLOGICAL RESOURCES. Would the project: A) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: The project does-not propose any new development or building floor area. Future development projects will be reviewed to determine whether there are impacts on biological resources. C7 Saratoga does not have any areas designated as a critical habitat according to the Critical Habitat Portal of the U.S Fish and Wildlife Service. The Yuma myotis and the long-legged myotis (bat species) are listed as natural communities in the Saratoga area in the Department of Fish and Game's list of species or natural communities. Neither of these bat species are listed in the state and federal `List of Endangered and Threatened Animals of California' prepared by the Dept. of Fish and Game. The only wildlife preserve in the Saratoga area is the 175 acre Montalvo Arboretum, which is approximately 2.5 miles south of the subject properties. Nevertheless, once a development application is submitted for that parcel, the City is required to ensure appropriate erosion and grading methods are followed for properties adjacent to tributaries and protected creeks. If development is proposed within 50 feet of a watercourse in the future, the applicant-would be required to comply with any applicable regulations of the Santa Clara Valley Water District, California Dept. of Fish and Game and other resource agencies. (Source: City of Saratoga Municipal Code and SCVWD Maps of Flood Control Facilities and Limits of 1% Flooding, City of Saratoga General Plan, U.S. Fish and Wildlife Service and the CA Dept. of Fish and Game.) B) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the 7 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: Refer to 4A). C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? X Discussion: Not applicable. The proposed project does not include filling or dredging of wetland, coastal, marine or riparian areas. D) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife. nursery sites? X Discussion: Refer to 4A)& C). • E) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X Discussion: Tfie project does not propose any new development or building floor area. Future development projects will be reviewed to determine if there maybe an impact on biological resources. The City has an adopted Tree Protection Ordinance to ensure future development does not significantly impact trees on public or private property. F) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Discussion: Currently, there are no adopted Habitat Conservation or Natural Community Conservation Plans within the City of Saratoga. There are also no approved local, regional or state habitat conservation plans in Saratoga. • 5. CULTURAL RESOURCES. Would the project: A) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X $ Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant- Significant Significant Impact With Impact Mitigation Incorporated Discussion: The project does not propose any new development or building floor area. Future development projects will be reviewed to determine whether there are any historical resources on a project site. The City reviews any structure over 50 years in age to determine eligibility for a local, state or national register. B) Cause a substantial adverse change in the significance of an archaeological resource as defined in § 15064.5? X Discussion: The project does not propose any new development or building floor area. Future development projects will be reviewed to determine whether they have an impact on cultural resources, including archaeological and paleontological resources. In accordance with the City's standard conditions of approval, if archaeological resources or human remains are discovered during future construction, work will be halted within a 50 meter radius of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures will be formulated and implemented. (Source: Northwest Information Center, Sonoma State University) • C) Directly or indirectly destroy a unique paleontological resource or site or unique • geologic feature? X Discussion: Not applicable. (Source: City of Saratoga General Plan) D) Disturb any human remains, including those interred outside of formal cemeteries? X Discussion: As discussed in SB), State Health and Safety Code Section 7050.5 requires the project to halt until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Compliance with these regulations would ensure the proposed project would not result in significant impacts due to disturbing human remains. • 9 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Signif cant Impact With Impact Mitigation Incorporated 6. GEOLOGY AND SOILS. Would the project: A) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? X Discussion: No Impact -The San Andreas Fault is the only area within the City and its Sphere of Influence that the State has designated as a Special Studies Zone. Construction on lands with these soils classifications requires a process called Geotechnical Clearance, where detailed geologic and geotechnical analyses are prepared by a private engineer and peer reviewed and approved by the City geotechnical consultant. Conditions imposed by the City geotechnical consultant are incorporated as conditions of project approval. (Source: City of Saratoga General Plan Seismic Hazards, Key for Map 1 and City of Saratoga Municipal Code). • (ii) Strong seismic ground shaking? X Discussion: Refer to 6A(i). (Source: City of Saratoga General Plan Seismic Hazards, Key for Map 1). (iii) Seismic-related ground failure, including liquefaction? X Discussion: The project does not propose any new development or building floor area. In general, liquefaction is not a concern in the Foothills zone, but is an issue in some of the level areas of the City. Refer to 6A(i). Geotechnical clearance (as described in 6.A(i)) will be required for future construction certain properties that are liquefaction zones. (Source: City of Saratoga General Plan Safety Element). (iv) Landslides? X Discussion: No Impact. The project does not propose any new development or building floor area. Landslide probability is high in the Foothills Zone (II) and geological clearance (as described in 6.A(i)) will be required for future construction on the properties. (Source: City of Saratoga General Plan Seismic Hazards; Key for Map 1). • B) Result in substantial soil erosion or the loss of topsoil? X 1 Q Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Discussion: Any future development projects subject to the ordinance will be required to obtain building permits and will be evaluated by the Building Division to ensure there aze no significant soils/geology impacts. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with state Government Code Section 65915 is implemented. i~To development is proposed in this project. D) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? X Discussion: See 6 B) above. • 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: A) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X Discussion: The project does not propose any new development or building floor area. Any future development projects subject to the ordinance must comply with existing City regulations that monitor the use and transport of hazardous materials. These regulations have been developed to ensure there are no significant effects related to hazazds and hazardous material: The ordinance applies to residential development, which is typically not a use that is associated with hazardous materials. B) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X Refer to-section 7 A). C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X Refer to section 7 A). 11 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated D) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X Discussion: Refer to section 7A). E) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X Discussion: Refer to section 7A). F) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Discussion: Refer to section 7A). 8. HYDROLOGY AND WATER QUALITY.- Would the project: A) Violate any water quality standards or waste discharge requirements? X Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with Government Code 65915 is implemented. The project does not propose any new development or building floor area. Any future development projects subject to the ordinance will be reviewed to ensure all water quality standards and water demands are met. Any proposed residential construction developed pursuant to the new ordinance will be required to retain all storm water runoff on site. A grading and drainage permit will be required from the City. A storm water retention plan indicating how all storm water will be retained on site will be submitted and reviewed by staff at the time a design review application is filed. (Source: The National Pollutant Discharge Elimination System (NPDES) permit order No. 01-119 and the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook) ) B) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ofpre-existing 12 Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X Discussion: This analysis relates to implementing State law and the direct impacts related to future projects are too speculative to evaluate at this time. The City has regulatory procedures in place to ensure that future projects will not have a significant impact related to hydrology and water quality. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X Discussion: Refer to section 8A). D) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X Refer to section 8A). E) Create or contribute runoff water which would exceed the capacity of existing or planned -storm water drainage systems or provide substantial additional sources of polluted runoff? X Discussion: Refer to section 8A). F) Otherwise substantially degrade water? X Discussion: Refer to section 8A). G) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X Discussion: Refer to section 8A) H) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X Discussion: Refer to section 8A) 13 Initial Study Density Bonus Amendment • • • • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X Discussion: The city is not located near a dam. J) Inundation by seiche, tsunami, or mudflow? X Discussion: The City of Saratoga is not located in an area that is prone to flooding, tidal waves, or mudflow. 9. LAND USE AND PLANNING. Would the project: A) Physically divide an established community? X Discussion: The proposed project is an amendment to the City of Saratoga's Zoning • Ordinance to specify how compliance with Government Code 65915 is implemented. The project does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed-use development is permitted. Implementation of State law will allow deviations from development standards to facilitate the construction of affordable housing projects. This could include a deviation from requirements such as building height and setbacks, parking, landscaping/open space etc. The density permitted will also increase with the density bonus provisions. There are no Zone Changes or General Plan Amendments proposed under this analysis, and such actions are not anticipated to result from implementation of the ordinance. The analysis relates to implementing State law and the direct impact related to future projects is too speculative to evaluate at this time. The City has regulatory procedures in place (e.g. design review) to ensure that future projects will not have a significant impact related to Land Use and Planning. (Source: City of Saratoga General Plan). • B) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X 14 Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant .Significant Significant Impact With Impact Mitigation Incorporated Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Code to specify how compliance with Government Code Section 65915 is implemented. Section 65915(8)(1) states: "The granting of a density bonus is not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval," the project, which specifies how compliance with the Government Code Section is implemented, does not conflict with any applicable plan. Measure G was adopted by the City of Saratoga in 1996 and essentially says that voters may amend the Land Use Element of the General Plan to increase specified densities or intensities for the designated land uses, or to change the land use designation from a lower to a higher designation in terms of density or intensity. For this density bonus amendment, there are no changes to the base densities permitted either by the General Plan Land Use Element or by the Zoning Map, so projects benefiting from Government Code 65915 will be consistent with permitted densities. ,r_,J u C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Discussion: Currently, there is no adopted Habitat Conservation or Natural Community Conservation Plans within the City of Saratoga. 10. MINERAL RESOURCES. Would the project: A) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X Discussion: No Impact -Mineral resources within Saratoga and surrounding areas include sandstone and shale. There are no mines or quarries known to be operating in Saratoga or its sphere of influence (Source: General Plan, Conservation Element). B) Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Refer to section l0A). (Source: City of Saratoga General Plan: Conservation Element). 11. NOISE. Would the project result in: A) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other • agencies? X 15 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Code to specify how compliance with Government Code 65915 is implemented. The project does not propose any new development or building floor area. Nevertheless, the construction of any development project must comply with noise regulations and must adhere to City regulations governing hours of construction, noise levels generated by construction and mechanical equipment, and the allowed level of ambient noise (Chapter 7, Article 7-30 of the Saratoga Municipal Code). Regulations in the Municipal Code regarding ambient noise levels apply to stationary noise sources. B) Exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels (i.e. noise created inside a building, vibration transmitted through-the ground, freight train line within 50-100 feet, adjacent to Army base)? X Discussion: This matter is not applicable to this project. C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X Discussion: Refer to section 11A). D) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X Discussion: Refer to section 11A). (Source: Review of the proposed project and experience with similar applications). 12. POPULATION AND HOUSING. Would the project: A) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with Government Code Section 65915 is implemented. The project does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed-use development is permitted. Section 65915(g)(1) states: "The ganting of a density bonus shall not interpreted, in and of itself, to 16 Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated require a General Plan amendment, local coastal plan amendment, zoning change, or other discretionary approval," the project, which specifies how compliance with the Government Code Section is implemented, does not conflict with any applicable plan. Implementation of Government Section 65915 may therefore result in an increase in population. There are no General Plan Amendments proposed under this analysis and such actions are, not anticipated to result from implementation of the ordinance. Furthermore, the Housing Element (Program 2.1) of the General Plan does specify the requirement to establish incentives, such as density bonuses, to promote the development of very low and low income housing. The analysis relates to implementing State law and the direct impact related to future projects is too speculative to evaluate at this time. The City has regulatory procedures in place (e.g. design review) to ensure that future projects will not have a significant impact related to Population and Housing. This, in combination with the anticipated use of density bonuses stated in the Housing Element will result in less than significant impacts to Population and Housing. B) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Refer to section 12A). X C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Refer to section 12A). The proposed project is an amendment to the City of Saratoga's Zoning Code to specify how compliance with Government Code Section 65915 is implemented. The project does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed-use development is permitted. 13. PUBLIC SERVICES. .7 ~i Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection X Police Protection X 17 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Schools X Parks X Other public facilities X Discussion: Assuming Contract cancellation, the proposed single family residences can be accommodated within existing levels of service for police protection, schools, and parks. Any proposed single family residence would require review by the fire department and payment of school fees (if required by school district) as part of the building permit costs. 14. RECREATION. A) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X Discussion: No Impact -The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with Government Code Section 65915 is implemented. The project does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed-use development is permitted. The analysis relates to implementing State law and the direct impact related to future projects is too speculative to evaluate at this time. The City collects fees to offset the cost of any additional recreation needs that might result from proposed development. Any future development projects subject to the ordinance will be required to pay a Residential Impact Fee for recreational facilities. B) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Discussion: No Impact. The analysis relates to implementing State law and the direct impact related to future projects is too speculative to evaluate at this time. The City collects fees to offset the cost of any additional recreation needs that might result from proposed development. 15. TRANSPORTATION/TRAFFIC. Would the project: A) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system? X ] $ Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Discussion: The project does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed-use development is permitted. Housing projects continue to be reviewed by Planning and Department and Transportation Department staff to ensure that there are no significant impacts related to Traffic and Transportation. The analysis in this Initial Study relates to implementing State law and the direct impact related to future projects is too speculative to evaluate at this time. B) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X Refer to section 15A). • 19 Initial Study Density Bonus Amendment • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated C) Result in a change in air traffic patterns, including- either an increase in traffic levels or a change in location that result in substantial safety risks? X Discussion: No Impact. Not applicable to this project. D) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm .equipment)? X Discussion: No Impact. Not applicable to this project. E) Result in inadequate emergency access? X Discussion: No Impact. All development projects are required to comply with Fire district standards as conditions of Planning and Building Permit approvals. F) Result in inadequate parking capacity? X . Discussion: The proposed project is an amendment to the City of Sazatoga's Zoning Ordinance to specify how compliance with Government Code Section 65915 is implemented. The project does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed-use development is permitted. State Government Code Section 65915 establishes requirements for the number of offstreet pazking spaces to be provided by development projects that include specified percentages of affordable units or that aze senior housing projects. Where there is a difference between the requirements in Section 65915 and in Chapter 15-35 of-the Saratoga Municipal Code, the State law controls. Although the ordinance resulting from the State law may permit development at a lower parking ratio than currently permitted under Chapter 15-35, the new ordinance still requires sufficient amounts of pazking. Therefore, the proposed ordinance would not result in any significant pazking impacts. G) Conflict with adopted policies, plans,. or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Discussion: Not applicable to this project. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: A) Exceed wastewater treatment requirements of the Regional Water Quality Control Boazd? X Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to specify how compliance with Government Code 65915 is implemented. The project 2~ Initial Study Density Bonus Amendment Potentially Less than Less than No Impact Significant Significant Significant impact With Impact Mitigation Incorporated does not propose any new development or building floor area. It involves no changes to the zoning designation of property or to the locations where residential and mixed- use development is permitted. There are no changes that would result in wastewater or solid waste impacts. B) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X Discussion: All new housing is required to obtain building permits, and each project is reviewed by the Sanitation District to ensure that existing facilities can serve the project, or if the developer must pay fees to upgrade or install new systems. The proposed ordinance does not pose an adverse impact upon utilities or storm water drainage facilities. (Source: Cupertino Sanitation District). C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X Discussion: No Impact. Refer to 16B). D) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X Discussion: No Impact. E) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X Discussion: No Impact. F) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X Discussion: No Impact. G) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion: No Impact 21 X Initial Study Density Bonus Amendment r~ ~~ • • • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 17. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to .drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X Discussion:. No adverse impacts to wildlife or their habitat shall occur as a result of the proposed Density Bonus Zoning Text Amendment. Refer to section 4 of this Initial Study for a discussion of biological concerns. With incorporation of the condition outlined in section 5 of this Initial Study, no significant disruption of important examples of California history or prehistory would occur. B) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X Discussion: Subject to compliance with the conditions contained herein to aid in the protection of potentially significant resources and to reduce potentially significant impacts, the effects of the proposed Zoning Text Amendment are not cumulatively considerable. C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion: Refer to 17B. ATTACHMENT: 1. California Government Code Section 65915 22 Initial Study Density Bonus Amendment • • •