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HomeMy WebLinkAbout06-27-2006 Planning Commission Packet~~ • CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: PLACE: TYPE: ROLL CALL Tuesday, June 27, 2006 - 3:30 p.m. City Hall Parking Lot, 13777 Fruitvale Avenue Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA REPORT OF POSTING AGENDA AGENDA 1. Application #06-276 2. Application #06-388 3. Application #06-137 AMINI 15397 PEACH HILL ROAD SUB-ACUTE 13425 Sousa Lane PARKER RANCH HOMEOWNERS ASSOCIATION 12132 Parker Ranch Road The Site Visit Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties that are new items on the Planning Commission Agenda. The site visits are held on the Tuesday preceding the Wednesday hearing, between 3:30 p.m. and 5:00 p.m. It is encouraged 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 carried through to the formal public hearing where actions will be taken on the proposed project. CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, June 28, 2006 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 1377.7 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 June 14, 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 ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF: REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 22, 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. 1. APPLICATION #06-388 (389-46-013 &013) -SUB-ACUTE, 13425 Sousa Lane: The applicant is requesting a Modification to Approved Plans. The applicant has made changes to the- project site's landscaping, which are not in compliance with an approved site plan and are requesting to modify the site plan to add a children's play area to the rear yard. In addition, the applicant is requesting an extension of time required for completion of conditions of approval under Community Development Condition No. 21 of Resolution OS-048. The site is zoned R-1 10,000. (Therese Schmidt) 2. APPLICATION #06-276 (517-22-100) AMINI - 15397 PEACH HILL ROAD. The applicant requests Design Review Approval to remodel atwo-story single-family residence, which may result in the demolition of over 50% of existing walls, and to construct an addition to the first and second story of the existing home. The total floor area of the proposed residence will be 5,595 square-feet. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 53,162.5 square-feet and the site is zoned R-1-40,000. (Deborah Ungo-McCormick) 3. APPLICATION #06-137 (366-43-011) PARKER RANCH HOMEOWNERS ASSOCIATION, 12132 Parker Ranch Road; -The applicant requests Design Review Approval to construct a monument sign identifying a subdivision. The total area of the sign is approximately 23 square feet and the height is 4 ft. 4 inches. (Suzanne Thomas) 4. APPLICATION #06-410 Amendment to the Early Warning Alarm System (EWAS); -The Saratoga Fire District is proposing an update of the EWAS ordinance that has been in effect and not updated significantly since 1984. (Lata Vasudevan) 5. APPLICATION #06-411 Ordinance Amending Section 15-12.160 of the Saratoga Code relating to Storage of Personal Property and Materials; -The City is proposing an update of this section including but not limited to clarifying the length of time personal property and materials my be stored. (Lata Vasudevan) DIRECTORS ITEMS: - None COMMISSION ITEMS: - None COMMUNICATIONS: - None ADJOURNMENT TO NEXT MEETING: - Wednesday, July 12, 2006 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fnaitvale 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 June 22, 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.sarato aQ ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to plannine(c~saratoea.ca.us MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 14, 2006 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Rodgers called the meeting to order at 7:05 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao Absent: None Staff: Director John Livingstone, Associate Planner Lata Vasudevan, Assistant Planner Suzanne Thomas and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of May 24, 2006. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner • Kundtz, the Planning Commission minutes of the regular meeting of May 24, 2006, were adopted with a correction to page 9. (5-0-2; Commissioners Hunter and Nagpal 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 June 8, 2006. 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. • Saratoga Planning Commission Minutes for June 14, 2006 Page 2 • *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #04-189 (389-46-013 &013) -SUB-ACUTE, 13425 Sousa Lane: The applicant has made changes to the project site's landscaping, which are not in compliance with an approved site plan and modify the site plan to add a children's play area to the rear yard. The Planning Commission will consider amending the approved site plan to allow for the changes or require the applicant to comply with the approved site plan. The site is zoned R-1 10,000. (Therese Schmidt) Item continued due to noticing error. Director John Livingstone presented the staff report as follows: • Advised that due to a noticing error, a motion is requested continuing action on this item to the next meeting on June 28, 2006. Motion: Upon. motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission CONTINUED consideration of Application #04-189 (Sub Acute - 13425 Sousa Lane) to the next Planning Commission meeting on June 28, 2006, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None • ABSENT: None ABSTAIN: None *** PUBLIC HEARING -ITEM NO.2 APPLICATION #06-208 (517-38-005, 517-38-006, 517-38-007) -WOODS, 15595 Peach Hill Road: Between June 9, 1999 and January 12, 2000, the applicant received Planning Commission approval for all required entitlements for this project and had commenced construction. However, due to inactivity, the building permits expired, which in turn voided the Planning Commission approval of all entitlements. The applicant is now ready to resume construction and is requesting that the Planning Commission approve the following entitlements that were previously granted: (1) Design Review Approval to construct a 6,769 square-foot, two-story residence. (2) Use Permit approval to allow a water tank within the rear setback and an emergency generator. (3) Variance approval to allow retaining walls in excess of 5 feet in height. (4) Grading Exception approval to allow grading in excess of-1,000 cubic yards for a parking lot on an adjacent 6.2-acre parcel. The project site is 10.8 acres and is located in the Hillside Residential zone. (Suzanne Thomas) Assistant Planner Suzanne Thomas presented the staff report as follows: • Advised that the applicant is seeking a number of applications including Design Review, • Grading Exceptions, Variances and Use Permits. • Said that this project has an interesting history. In 1988, the first phase of the subdivision was approved for five buildable lots including the two under discussion this evening. They Saratoga Planning Commission Minutes for June 14, 2006 Page 3 • were previously identified as Lots 4 and 5. Today they are identified as Lots 1 and 2 for this project. • Reported that in 1999/2000, the applicant secured approvals for all entitlements to develop these two lots. The project was under construction for several years. • Explained that Building Permits expire if they are dormant for 180 days. Once a Building Permit expires the corresponding Planning Commission approvals also expire. • Informed that the applications before the Commission this evening are the same applications that were approved in 1999/2000. • Described the requests as follows: ^ Lot 1 • Design Review: The applicant seeks Design Review Approval to allow a single- . family residence. The residence is 4,000 square feet with a maximum height of 21.5 feet and including a 1,900 square foot basement. This home's construction is well underway. A pool and terrace are also under construction. This home is consistent with Design Review findings. It follows the contours of the property, uses materials such as natural stone and is set back 400 feet from the front property line. • Grading Exception: Explained that Hillside Districts are restricted to 1,000 cubic yards of cut or fill grading. With the required cut into the hillside and the 1/10 of a mile long driveway, this requirement is exceeded and an Exception is required. The applicant worked with Fire to reduce the width of the driveway. The findings to support this Grading Exception can be made in the affirmative. • Variance: A Variance for retaining wall height is required fora 30-foot horizontal distance that exceeds 10 feet in height. To support a Variance, the findings must be made that this does not represent a special privilege nor is the Variance detrimental to the health, safety and welfare of the community. This is a steep lot and without this Variance for retaining wall heights more grading and loss of more trees would result. The retaining walls help protect the health, safety and welfare by preventing slides. • Conditional Use Permit: Approval of an emergency generator requires a Conditional Use Permit. Acoustical testing has been provided. The level at the nearest neighbor reads at less than 25 decibels, which is comparable to a whisper. • Reminded that all of the entitlements for Lot 1 were previously approved. ^ Lot 2 • Grading Exception: Said that required findings could be made since a stable flat area is required to place water tanks. This lot is even steeper than Lot 1. • Variance: A Variance for retaining wall height of 8 feet is required to hold the well and water tank. Stated that the steep topography equals a special circumstance. The required findings can be made to support this Variance. • Use Permit: A Use Permit is required to allow a water tank with a maximum height in excess of the 12-foot height allowed for accessory structures. This water tank serves to protect the health, safety and welfare of the entire subdivision by providing fire protection. • Explained that the Arborist reviewed all reports. One hundred (100) trees have • been planted and more are proposed. • Said that neighbor notification was sent to property owners within 500 feet of this property. One negative comment was received expressing concerns about Saratoga Planning Commission Minutes for June 14, 2006 Page 4 potential uses of the parking area for valet parking services for parties in the • neighborhood. • Said that all findings can be made to support the requests for Lot 2. • Corrected Page 24, Item 17 of the Resolution to fix the sequence of .numbering for items 15 & 16 instead of the numbers 14 & 15 that appears. • Corrected Page 28, first paragraph, Line 5, to remove the word "a" that appears before the text, "water tanks." • Stated that she is available for questions and that the applicant is here. Commissioner Hunter said that she is surprised at the exceptions approved for this property eight years ago. She asked staff if this project could have. been built if that Planning Commission eight years ago had said no to all of these exceptions. Planner Suzanne Thomas said she is not certain since she is not an engineer. Director John Livingstone said that a project could have been approved but not this existing design. It would not have worked without these exceptions. Commissioner Hunter said that she is surprised at the large number of exceptions granted and suggested that this would not be allowed today. Director John Livingstone said he agrees with Commissioner Hunter. • Commissioner Hunter added that this project would be stopped at the counter today. Commissioner Nagpal thanked Planner Suzanne Thomas for her great staff report. Chair Rodgers said that the report was a lot of work since there are two different lots involved. Chair Rodgers opened the Public Hearing for Agenda Item No. 2. Mr. Murray Woods, Applicant and Property Owner, 15595 Peach Hill Road: • Explained that his architect is currently suffering from pneumonia. • Acknowledged the work of Planner Suzanne Thomas, saying she was very professional in dealing with this project. She is thorough, courteous and responsible. • Said he has an issue with one of the conditions that relate to the interpretation by staff of what represents impervious versus pervious surfaces as it relates to the allowable coverage rule. • Said that there was only one available site for the house on the lot that required the minimum of grading and tree impact. • Stated that 5,000 square feet of impervious coverage is required for the- driveway to get up to the entry of the house. A total of 15,000 square feet of impervious coverage is allowed on this parcel. • Pointed out that in Woodside, they also have a 15,000 square foot impervious coverage rule but they only count the first 60 feet of driveway against that coverage allowance to encourage houses to be placed as far back on a property as possible. He said that this is an interesting approach that Saratoga should consider. Saratoga Planning Commission Minutes for June 14, 2006 Page 5 • Reminded that his driveway is 150 feet long. Additionally, Fire has required him to install a fire truck turnaround. He explained that turf block has the strength to serve that function. • Added that the impervious coverage is already 8,000 square feet prior to including the house. With the house it is at the total of 15,000 square feet. • Advised that this 15,000 square foot of coverage represents only a total of 7.5 percent of impervious coverage overall for the entire lot. The coverage is represented by the house, drive, pool and patio. • Said that a lot of effort was taken by his architect, landscape architect and engineer to fall within the allowable 15,000 square foot impervious coverage. • Pointed out that the original proposal included partial use of pervious turf block for the approach part of the fire turnaround. This is a good way of solving impervious surface problems. • Added that he also had approval originally for a pervious crushed granite pathway leading from the parking lot laterally to the house. • Stated that his. issue this evening is the fact that the Planning Department wants- to count turf block and the granite path against the impervious surface total requiring a reduction overall of impervious surfaces on the site. • Quoted from a May 2003 report prepared by the Bay Area Storm Water Management Agency that described runoff factors for numerous paving materials. While glass would have a factor of 1, concrete a factor of 8, asphalt a factor of 7, grass has a • factor of .1 and turf block has a factor of .15 and crushed aggregate a factor of .1. He said that this report encourages the use of turf block. • Said he is not asking for an exception to the total allowed impervious surface area but rather a different interpretation on what constitutes impervious versus pervious surfaces. • Said he is simply asking that these two surfaces (turf block and crushed granite) proposed be counted, as they were before, as pervious rather than impervious coverage. • Said that this is a very fair proposal. Commissioner Hunter asked Mr. Murray Woods to clarify if he is asking for approval to add a pool and decking since he has reached his impervious coverage allowances. Mr. Murray Woods: • Said no, everything was originally approved, including the pool. • Added that turf block was counted originally as pervious and now is being counted as impervious under current staff's new interpretation. • Concluded by saying he is simply asking that the Planning Commission and Planning Department use the same interpretation as during the original approval by counting the turf block and crushed granite path as pervious. Commissioner Hlava sought clarification that this project is before the Commission once • again because the permit lapsed and that rules have changed since that lapse. Saratoga Planning Commission Minutes for June 14, 2006 ~ Page 6 Mr. Murray Woods said there is simply a change in interpretation of impervious versus • pervious surfaces. He reiterated that turf block functions and looks like grass. Commissioner Hlava asked about the apparent gas fireplace proposed for the home theatre. She said that she is not thrilled with wood fireplaces in Hillside districts. Mr. Murray Woods explained that there is one wood-burning fireplace (a Rumford-style fireplace) in the living room. While the fireplace in the theatre looks to be wood burning it is actually gas. Commissioner Hlava asked staff if wood burning fireplaces are allowed in Hillside zoning districts. Commissioner Hunter replied yes, including outdoor fireplaces or fire pits. Commissioner Hlava asked Mr. Murray Woods what the impact to his plans would be as a result of requiring a gas fireplace in the living room. Mr. Murray Woods said he would lose the beauty and efficiency of the Rumford fireplace. Chair Rodgers closed the Public Hearing for Agenda Item No. 2. Chair Rodgers suggested that both Resolutions be considered separately, starting with • the Resolution for Lot 1. Commissioner Nagpal said while there are a lot of issues about this application she could talk about, this project is well under way and substantially complete.. Therefore, she is ready to accept the Resolution as stated. Director John Livingstone explained the staff position on impervious versus pervious surfaces. He said that Code talks about impervious surfaces as including gravel and brick with sand. However, since this Ordinance was written, lots of excellent pervious products have become available. He added that the issue is not just about water drainage but also about aesthetics and-the desire to have landscape areas in addition to hardscape. Commissioner Nagpal said that if the turf block looks like grass she is okay with it. Director John Livingstone said that the applicant is asking for the project to be re- approved as originally approved. Chair Rodgers said if so, this approval would be without Condition 11. Commissioner Hlava: • Said that she wants to make the finding that turf block and crushed granite are • pervious surfaces, delete Condition 11 and approve the original plans since the project is already three-quarters complete. • Said that this is quite an amazing site. Saratoga Planning Commission Minutes for June 14, 2006 Page 7 • Stated that in the future, if the Commission has to deal with similar .issues it will likely make different decisions. • Restated that she will support approval since the project is so far along. Commissioner Zhao agreed with Commissioner Hlava. She reported that she did not have the opportunity to visit the site. Commissioner Kundtz said he was sensitive to the idea that removing Condition 11 might create precedent. Director John Livingstone replied that this is a unique circumstance and would not be precedent setting in this particular case. Commissioner Kundtz agreed and said he is happy to approve this item without Condition 11. Commissioner Cappello agreed and said he felt that staff is approaching the impervious coverage process in a logical manner that is the right approach. He said he would have no problem approving this project with the removal of Condition 11. Commissioner Hunter reminded that this project was approved eight years ago. It is nearly done. If this were a new project before the Commission, there would be more questions. She said that she too has no problem removing Condition 11. Chair Rodgers: • Said that if this were a new project, she probably would not approve it and would expect adhesion to the 15,000 square foot impervious coverage limitation with the use of new techniques in pervious materials. • Stated that she has problems with retaining walls. • Explained that she does not like setting precedent that might be used to approve similar projects in the future. City Attorney Jonathan Wittwer said that it is a -good solution to make this decision based upon the previous approval. He said that legal theory justifies making that decision in that way. The concept is called vested rights although this is not a perfect example of that concept. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission adopted a Resolution (Application #06-208-Lot 1) granting Design Review Approval for asingle-family- residence, two Grading exceptions, a Variance to allow retaining walls in excess of the 10 feet maximum height allowed in the Hillside District and a Use Permit to permit an emergency generator on property located at 15595 Peach Hill Road, with the deletion of Condition 11 on page 23, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None Saratoga Planning Commission Minutes for June 14, 2006 Page 8 ABSENT: None ABSTAIN: None Chair Rodgers listed the entitlements sought for Lot 2 that include a Grading Exception, a Variance for retaining wall heights and a Use Permit for water tanks in the rear setback that exceeds maximum heights allowed for accessory structures. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Zhao, the Planning Commission adopted a second Resolution (Application #06- 208-Lot 2) granting a Grading Exception, a Variance to allow retaining walls in .excess of the 10 feet maximum height allowed in the Hillside District and a Use Permit to permit water tanks in excess of the maximum height allowed for accessory structures on property located at 15595 Peach Hill Road, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 3 APPLICATION #06-323 (517-10-0051- SLOAN (applicant)/ROBINSON (owner), 14524 Oak Street: The applicant on behalf of the owner is requesting Design Review Approval to construct atwo-story home that will have 2,521 square feet of living area with an attached 488 square foot garage. The maximum height of the home will be approximately 26 feet and will be situated on a 19,391 square foot vacant lot situated behind another lot fronting Oak Street that is the site of an existing two-story historic home currently being remodeled. The property is located in the R-1-10,000 zoning district. (Lata Vasudevan) • n U Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow the construction of anew two-story single-family house with attached garage. The maximum height is 26 feet. • Described the property as a vacant lot located behind the historic Patrick House that has an ingress/egress easement access. • Said the property is surrounded by mature trees including one redwood, one maple, one valley oak and seven coast live oaks. The conditions outlined in the Arborist report have been incorporated. • Reported that the garage and deck would be constructed using pier and beam construction that is above ground so as not to disturb the roots of the nearby oak tree. • Said that neighbor letters were received with only favorable comments. No negative comments were received so far. • Advised that Design Review findings can be made in the affirmative. • • Recommended that the Planning Commission find this project Categorically Exempt under CEQA and grant this Design Review Approval. • Distributed the project color board. Saratoga Planning Commission Minutes for June 14, 2006 Page 9 S • Stated that the project architect is in the audience and can discuss the pier and beam design for around the trees. Commissioner Hunter asked if there is no basement proposed because of the trees. Planner Lata Vasudevan replied no. Abasement was not requested by the applicant as they were not interested in having one. She asked them to be sure. Chair Rodgers opened the Public Hearing for Agenda Item No. 3. Mr. Tom Sloan, Project Architect: • Said that this is an open site with large trees. • Stated that his clients consulted with the Planning Department and Arborist Barrie Coate prior to even hiring him as architect. • Said that Barrie Coate gave them the thumbs up as far as putting a house on this parcel. • Pointed out that this is a modest house consisting of 2,500 square feet. • Advised that when planning this site, the first thing he determined was the placement for the fire truck turnaround. He chose a T-style turnaround close to the end of the property toward the front. That gave the basis to attach the garage to that. They looked at several locations for the garage. They wanted the garage to have a carriage/farmhouse appearance. It will be constructed on a pier and beam foundation. It results in levitation on the ground supported on piers. These piers would be hand dug to protect tree roots. • Stated that the porch element breaks up massing and adds horizontal lines to this home. It is not a very large home. His clients could have asked for more but they are getting a nice house that fits the Village atmosphere. • Informed that four different arborists have prepared reports over time and they are following the strictest guidelines of all those reports. His clients want to protect these trees that they love. Additionally, the have a $290,000 bond on these trees. Commissioner Hunter asked how long the bonds are required. Mr. Tom Sloan said he believes about a year and a half. Planner Lata Vasudevan clarified that the City holds the bond until the project is finished and the Arborist goes out and does a final inspection to release the bond. Commissioner Hunter cautioned that oftentimes the decline in trees occurs two to three years after the project is completed. Ms. Deirdre Robinson, Property Owner: • Explained that a big reason she and her husband purchased this lot is the trees. • Added that she likes the neighborhood and being close to downtown. • Said that they have tried to design a house that fits the style of the neighborhood. • Advised that they plan to stay here a long time. Saratoga Planning Commission Minutes for June 14, 2006 Page 10 Chair Rodgers closed the Public Hearing for Agenda Item No. 3. Commissioner Hunter: • Welcomed the Robinsons to the neighborhood, explaining that it is her neighborhood too. It is a wonderful neighborhood and it is great that they are there. . • Said that she is proud of the history and trees in this neighborhood and she is thrilled to have the Robinsons as neighbors. • Advised that they just missed a block party and will have to wait six months for the next one. • Stated that this is a lovely design and wished the Robinsons good luck. Commissioner Kundtz said that he has nothing to add. He also welcomed the Robinsons and said this is a great house. Commissioner Hlava said that she wished all applications were this easy. This house is real pretty. Commissioner Cappello complimented the design and expressed appreciation for their efforts. Commissioner Zhao said she likes the design and also welcomes the Robinsons to the neighborhood. Chair Rodgers said that this is a beautiful house and that great strides were taken to preserve trees. She expressed her appreciation for the great room design of this house. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission adopted a Resolution granting Design Review Approval (Application#06-323) to allow the construction of a new. two-story home on property located. at 14524 Oak Street, by-the following roll call vote: AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** DIRECTOR'S ITEMS There were no Director's Items. Chair Rodgers asked staff if any Planning Commission items are pending appeal before Council. • Director John Livingstone reported that the Fence Exception denied for Congress Springs was appealed. However, upon modification of the plans, the appeal was withdrawn. Saratoga Planning Commission Minutes for June 14, 2006 Page 11 n U COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hlava, seconded by Commissioner Cappello, Chair Rodgers adjourned the meeting at 8:17 p.m. to the next Regular Planning Commission meeting of June 28, 2006, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk U • U s • Item 1 REPORT TO THE PLANNING COMMISSION • Location/Application No.: 13425 Sousa Lane/Application No. 06-388; Modification to Approved Plans Applicant/Owner: Arndt Trust -Byron C. Arndt, Trustee; Sub-Acute (tenant) /~ Staff Planner: Therese M. Schmidt, AICP, Associate Planner./ ~ Date: June 28, 2006 APN: 389-46-012 & 013 Department Head John Livingstone, AICP, D A - I I LA SAI,LE WY ~` (-: souse-500 ft pF.E AV- ., .... 'E r _ MC _ - l ~- <~ -J _ ~~~ _ -_ '~ ~ I i .~ ~~ O ~~~ ~ ~_.. ~ . ~, ~ ~~ ~ ~ - ~ JL'. ~ i i ~ -, ~ ~ ' ~ ~ / .~ ... • FL~Li N WY ~~. ••~ A O ll •~ \ i O ~ ~ Au F1AL~AX DR V R i I: ~.._.--______. ~j \ 1 _ __-__-._ I ~ ~ N A Ni ~ I I __-_~-~--'_--~_r-der 1~ ~... __ _____ -MONT AV ___.._ .~~ ~ I I ~ \ t5D soo aso eoo 7w k• 13425 Sousa Lane • EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 05/22/06 05/22/06 05/31/06 06/12/06 06/22/06 The applicant is requesting a Modification to Approved Plans. The Planning Commission approved a Conditional Use Permit and Design Review application on October 26, 2005, which allowed the applicant to place two modular structures and a portable generator on the subject site as well as construct a trash enclosure. The applicant has made changes to the project site and is not in compliance with an approved site plan and Conditions No. 1, 3, and 13 of Resolution OS-48. To correct the violation the applicant has submitted a new landscape plan for approval. In addition, the applicant is requesting an extension of time required for completion of conditions of approval under Community Development Condition No. 21 of Resolution OS-048. STAFF RECOMMENDATIONS 1. Approve the Modification to Approved Landscape Plans with conditions by adopting the Resolution attached to this staff report. 2. Approve the Applicant's request for an extension of time to Condition No. 21 of Resolution OS-048 from Apri126, 2006, to January 26, 2007. ALTERNATIVES 1. Continue the item and provide staff and the applicant direction on a modified landscape plan. 2. Uphold Condition No. 21 and require immediate vacation of Building "D" until all required conditions have been met and an Occupancy Permit is issued by the Building Inspector. • • File No. 06-388;13425 Sousa Lane STAFF ANALYSIS ZONING: R-1-10,000, Single-Family Residential GENERAL PLAN DESIGNATION: Quasi-Public Facilities MEASURE G: Not applicable PARCEL SIZE: Parcel "A" is 1.64-acres and Parcel "B" is .36-acres. AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: Not applicable MATERIALS AND COLORS PROPOSED: Materials and colors to match proposed. ENVIRONMENTAL DETERMINATION: The proposed Modification to Approved plans is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15303(c), "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). This exemption allows for the construction of up to four commercial buildings not exceeding 10,000 squaze feet in floor azea. PROJECT DISCUSSION: Project Background The applicant received a Conditional Use Permit and Design Review approval from the Planning Commission on October 26, 2005, to place two modular structures (one approximately 1,440-squaze-feet and one approximately 1,200-squaze-feet) on the subject parcel, construct a trash enclosure, remove several accessory structures and remove trees, subject to Conditions of Approval outlined in Resolution No. OS-048, which is attached along with an excerpt of the Commission's minutes. The applicant is currently in violation of the City's Municipal .Code, which requires issuance of appropriate Building Permits prior to construction, as well as Community Development Conditions No. 1, 13, and 21 of approval Resolution No. OS-048, which aze as follows: 1. The development shall be located and constructed as shown on Exhibit "A" date stamped October 17, 2005, 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. 13. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. Fffe No. 06-388;13425 Sousa Lane 21. Applicant is granted temporary occupancy of Building "D" for a period of not more than 180 days (six-months) during which time the applicant is required to fulfill conditions of approval numbers 2-19. Conditions of approval No. 20 must be completed prior to issuance of occupancy for Building "E," if applicable. In the event that the conditions of approval have not been met the temporary occupancy permit may be withdrawn and Building "D" must be vacated until such time as all conditions of approval have been met. The applicant began construction of the project without appropriate permits, which included: • grading a large portion of the rear yard in preparation of a children's play area; • raised Building "D" off of its foundation and moved the trailer approximately 1 to 2-feet; • .removed three (3) protected palm trees; • graded a large portion of the front landscaping; • moved Modular Building "E" from the rear of the parcel; • occupied Modular Building "E" prior to issuance of an occupancy permit. A stop work order was issued by the Building Inspector. The applicant has vacated Modular Building "E." The building shall remain empty until such time as the Building Official issues an Occupancy Permit. Modification of Approved Plans The applicant is requesting changes to the proposed landscape plan to include construction of several children's play areas and to install a dragon at some point in the future in the front circular driveway's planter area, both of which would modify both parcels' impervious coverage. The applicant has not provided staff with the proposed impervious coverage changes or requested total percentage of impervious coverage. Given the fact that the applicant's previous proposal requested the maximum impervious coverage staff is assuming that the applicant will require the Planning Commission to grant a variation to standards allowing impervious coverage in excess of the codes maximum 60% for an R-1, 10,000 zoning district. The applicant is requesting the additional impervious coverage to meet State and Federal laws governing the American's with Disabilities Act safety requirements with respect to children's play surfaces. The applicant has not provided staff with information regarding the proposed dragon in terms of size, materials, color, footing requirements. Therefore, staff is unable to evaluate the proposed structure. Modification of Condition of Approval No 13 of Resolution No. OS-048 The applicant is currently in violation of Community Development Condition No. 13, because the applicant removed three (3) protected Palm trees without benefit of permits. The City's arborist conducted a site visit and prepared an Arborist Report dated May 4, File No. 06-388;13425 Sousa Lane 2006, to address the violation. The report is attached. The arborist determined that the applicant graded the parcel prior to installing tree protective fencing, stacked debris up and around a protect pine, parked vehicles approximately one-foot from a protected tree, and failed to install a 5-inch layer of bark chips around protected trees as required in the original approval. Conditions of approval have been incorporated into the attached Resolution requiring replacement trees, additional bonding, and construction of protective tree fencing prior to continued construction activities. The arborist has reviewed the proposed landscape plan and has identified several issues that must be addressed. A copy of the arborist's correspondence dated June 5, 2006, is attached and incorporated into the Resolution as conditions of approval. Modification of Condition of Approval No. 21 of Resolution No. 03-048 The applicant is requesting modification of Community Development Condition of Approval No. 21, which granted the applicant temporary occupancy of Building "D" for a period of not more than 180 days (six-months) from the date of approval, during which time the applicant was required to fulfill Community Development Conditions Nos. 1-19. In the event that the conditions of approval have not been met the temporary occupancy permit may be withdrawn requiring vacation of Building "D" until such. time as all conditions of approval are met and a Final Occupancy Permit is issued by the Building Official. The applicant has completed four (4) of the twenty-one (21) Community Development Conditions -Nos. 3, 15, 16, and 19. The applicant submitted plans to the Building Division for building plan check review process to fulfill Community Development Condition No. 2 on March 23, 2006; however, the plans were deemed incomplete on April 28, 2006. Modified plans addressing the incomplete status have not been submitted. The applicant submitted landscape plans on June 1, 2006, which addresses Community Development Conditions No. 4 - 12 and included proposed modifications to the approved site plan; however, the plans submitted are not complete and will require additional information and clarification prior to fulfilling the required conditions. Trash Enclosure The applicant is proposing a 7-ft. high wood-slatted chain link fence on a cement pad with a self-closing door to house the facilities' dumpsters. The proposed location is within the required front-yard set-back and highly visible from Sousa Lane. The location was approved during the original application process. Staff is concerned that the wood-slatted chain link fence will not meet Bay Area Stormwater Best Management Practices. Staff has updated the conditions of approval to specifically require a masonry structure with a roof, appropriate surface material, and appropriate drainage as illustrated the 1999 Design Guidance Manual for Stormwater Quality Protection published by the Bay Area Stormwater Management Agencies Association. Neighborhood Correspondence The applicant has not submitted neighborhood correspondence templates. File No. 06-388;13425 Sousa Iane General Plan Compliance The proposed Modification to Approved Plans will not alter the original General Plan findings. Conditional Use Permit Findings Municipal Code Section 15-55.030 allows variation to standards for site coverage through the Conditional Use Permit process and does not require special findings above and beyond those required for issuance of a Conditional Use Permit. The proposed Modification to Approved Plans and requested time extension will not alter the original Conditional Use Permit findings. Design Review Findings The proposed Modification to Approved Plans will not alter the original Design Review Findings. STAFF RECOMMENDATIONS 1. Approve the Modification to Approved Landscape Plans with conditions by adopting the Resolution attached to this staff report. 2. Approve the Applicant's request for an extension of time to Condition No. 21 of Resolution OS-048 from Apri126, 2006, to January 26, 2007. ALTERNATIVES 1. Continue the item and provide staff and the applicant direction on a modified landscape plan. 2. Uphold Condition No. 21 and require immediate- vacation of Building "D" until an Occupancy Permit is issued by the Building Inspector. ATTACIIMENTS 1. Resolution of Approval. 2. Affidavit of Mailing Notices. Public Hearing Notice, Mailing labels for project notification. 3. Excerpt of Planning Commission Minutes for October 26, 2005 and Resolution No. 05-048 4. Arborist Reports prepared by the City's arborist, dated May 4, 2006, and June 5, 2006. 5. Reduced Plans, Exhibit "A." • • Attachment 1 i~ APPROVAL OF RESOLUTION NO. Application No. 06-388 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA APPROVAL OF A MODIFICATION TO THE APPROVED LANDSCAPE PLANS AND TIME EXTENSION FOR CONDITION N0.21 OF RESOLUTION NO.OS-048 Sub Acute; 13425 Sousa Lane WHEREAS, the City of Saratoga Planning Commission has received an application for a Modification to Approved Plans. The Planning Commission approved a Conditional Use Permit and Design Review application on October 26, 2005, which allowed the applicant to place two modular structures-and a portable generator on the subject site as well as construct a trash enclosure. The applicant has made changes to the project site's landscaping, which are not in compliance with an approved site plan; therefore, the applicant has submitted a new landscape plan for approval. In addition, the applicant is requesting an extension of time granted under Community Development Condition No. 21 of Resolution OS-048; 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 proposed modification to approved plans is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303(c), "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). This exemption allows for the construction of up to four commercial buildings not exceeding 10,000 square feet in floor area; and WHEREAS, the proposed modification will not alter the original General Plan Compliance, Condition Use Permit Findings and Design Review Findings. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for a Modification to Approved Plans and extension of time until January 26, 2007 of Condition No. 21 of Resolution No. OS-048 is hereby granted subject to the following conditions: • • COMMiJPTITY DEVELOPMENT The landscape plan shall be located and constructed as shown on Exhibit "A" date stamped June 1, 2006, incorporated by reference, with final planting subject to review and approval by the City's Arborist and the Commu~iry Development Director. The approved site plans date stamped October 17, 2006, shall govern location of structures as well as the parking lot lay out. 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 applicant shall record a deed restriction for the .Parking. Agreement, prior to Building Pernut issuance. 3. The following shall be included on 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 Resolution No. OS- 048 as a separate plan pages. b. Four sets of landscaping plans incorporating all conditions of approval and recommendations contained in the arborist reports. c. Four sets of elevations illustrating the proposed trash enclosure. d. Four sets of a site plan wet signed by a licensed land surveyor verifying property lines and setbacks. 4 Applicant must apply for, and receive, appropriate building permits for the existing 8' x 20' .shed, located approximately three feet east of Building "C," prior to issuance of any other building permits on the parcel. In the event that the shed is not approved for building permits, the shed must be removed prior to issuance of any other building permits. 5 The proposed modular structures and trash enclosure shall use paint and materials to match the existing structures, subject to final approval by the Community Development Director. 6 The proposed trash enclosure must be constructed according to the New Development and Construction -Best Management Practices to avoid storm water runoff contamination associated with trash facilities. In addition, the structures shall incorporate a solid wood self-closing gate, a masonry enclosure, a roof, and an appropriate pad, subject to fmal approval by the Community Development Director. 7 A Storm Water Retention Plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction -Best Management Practices shall be prepared. 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. Said Retention Plan shall be wet stamp by a civil engineer and subject to the Community Development Director's review and approval. 8 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. 9 Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. 10 A minimum five-foot landscape buffer along the north, east, and west, property lines shall be provided, planted, and maintained in a healthy state as illustrated on the approved plans, with the exception that athirteen-foot landscape buffer shall be provided between the rear property line and the parking lot. 11 Adequate landscaping shall be provided to screen the trash enclosure as determined by the Community Development Director. 12 Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. 13 Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 14 Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 15 Applicant shall provide a lighting plan with proposed specifications for review and approval by the Community Development Director prior to issuance of building permits. 16 Applicant must resurface and stripe the existing parking lot, including the circular drive located to the front of Building "C," to building specifications on approved plans unless changed by the Community Development Director prior to issuance of occupancy of Building "E." Building "E" may not be used as a storage facility in the interim. FIRE DISTRICT 17 Applicant shall comply with all Fire Department conditions. • ARBORIST REPORT 18. All recommendations in the City Arborist's Reports dated September 22, 2005, May 4, 2006, and June 5, 2006, shall be followed and incorporated into the plans. This includes, but is not limited to: a. Prior to issuance of Building Permits the applicant shall obtain a tree bond, or similar funding mechanism, in the amount of $16,190.00. b. The Arborist Reports shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. c. All landscaping shall be subject to review and final approval by the City's Arborist. CITY ATTORNEY 19. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, 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 28th day of June 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rogers Chair, Planning Commission ATTEST: John 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 ii 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 Ciry of Saratoga Planning Commission on the 12th day of une , 2006, that I deposited 88 notices 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: 389-46-012 Fst 013 - 13425 Sousa Lane; that on said day there was regular communication by United States Mail to the addresses shown above. ~/ c .l~l ~~ Denise 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 28th day of June 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: #06-388 -13425 Sousa Lane APPLICANT: Sub-Acute APN: 389-46-012 & 389-46-013 DESCRIPTION: The applicant is requesting a Modification to Approved Plans. The applicant has made changes to the project site's landscaping, which are not in compliance with an approved site plan and are requesting to modify the site plan to add a children's play area to the rear yard. In addition, the applicant is requesting an extension of time required for completion of conditions of approval under Community Development Condition No. 21 of Resolution OS-048. The site is zoned R-1 10,000. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you maybe limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. 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 • Attachment 3 • • Planning Commission Minutes for October 26, 2005 Page 2 REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, or ten (10) calendar days for a Conditional Use Permit, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #04-189 (389-46-013 & 013) -SUB-ACUTE, 13425 Sousa Lane: The applicant requests Conditional Use Permit and Design Review approval to place two modular structures (one 1,440 square- feet and one 1,200 square feet) on the parcel, construct a trash enclosure and remove trees. The maximum height of the proposed modular is approximately 12 feet. Total site coverage will not exceed 60 percent. The site is zoned R-1-10,000 (THERESE SCHMIDT) Planner Therese Schmidt presented the staff report as follows: • Advised that the applicant is seeking Conditional Use Permit-and Design Review Approval to allow for two modular structures, a trash enclosure, removal of accessory structures and removal of a tree. • Described the zoning as R-1-10,000. • Stated that the applicant, Sub-Acute, operates a nursing home and day care facility that requires a Conditional Use Permit. • Stated that Design Review is required for structures more than 1,000 square feet. The modular structures will provide storage for medical records and supplies as well as a conference room. • Reported that this application is exempt from CEQA and meets the zoning setbacks,. heights and parking requirements. • Explained that the Arborist has recommended that one Ordinance-sized tree be removed. In addition, the neighbors are asking for the removal of five additional trees. The applicant is willing to remove the five additional trees as a good will measure for his neighbors. • Reported that several- concerns have been raised. One concern . is an existing pass through in the fence that allowed high school students .access to the high school. Some neighbors are requesting the permanent closure of that pass through while others want it to remain open for use. The applicant has closed this pass through and is willing to keep it closed or reopen it per the Planning Commission's decision. • Stated that the existing trash enclosure at the rear of the site will be moved to the front of -the parcel. While this is not a normal placement for a trash enclosure, in this case staff supports it in this situation. The applicant is willing to relocate the trash enclosure or leave it where it is depending upon Commission direction. Planning Commission Minutes for October 26, 2005 Page 3 • Informed that the applicant is replacing a rear fence and adding additional landscaping area as a buffer for adjacent residents for a total of 13-feet in width. • Reported that 50 parking spaces are provided on site, with five handicapped spaces and one van accessible space. • Advised that an emergency generator was inadvertently left off the plans. • Explained that the site can accommodate this emergency generator on site without losing any parking. • Suggested that a condition be added to accommodate the necessary emergency generator. • Stated that neighbors have also expressed concern about the density and number of structures allowed on this parcel. • Said that staff is supportive of the relocation of structures to the front of the parcel and/or removing Building E, which would garner-six additional parking spaces. • Recommended that the Commission take action to allow the relocation or to require the removal of Building E. • Said that other neighbors were concerned that the project be completed in a timely fashion. • Stated that Conditions 1 through 19 must be implemented within six months of this approval or Building D would lose its temporary occupancy status until all of these conditions have been satisfactorily met. • Reminded that this Conditional Use Permit would supercede any others issued over the last 40 years. Commissioner Hunter commended Planner Therese Schmidt for an outstanding presentation on this project. Planner- Therese Schmidt thanked Commissioner Hunter and described the uses of the buildings as follows:. Building A houses the daycare Squiggles and Giggles, Building C houses the Sub-Acute hospital, Building D is for storage and Building E is the larger building for storage, office and meeting space. Commissioner Cappello asked which five trees are proposed for removal by the neighbors. Planner Therese Schmidt said that the only tree removal required to accommodate this project is a privet tree. The others that neighbors are requesting to have removed are located in the rear and are indicated in the Arborist's report. Commissioner Cappello clarified that the one tree that must be removed is located where Building E would be placed. Commissioner Rodgers told Planner Therese Schmidt that she gave a fabulous report and thanked her for her thoroughness in working with the applicant and neighbors. She asked if the pass through in the fence had been part of a previous Use Permit. Planner Therese Schmidt replied that per her research it had not been a requirement under any Use Permit. Planning Commission Minutes for October 26, 2005 Page 4 Commissioner Uhl asked about having trailers on site prior to issuance of appropriate Use Permit approvals. Planner Therese Schmidt said that the applicant has told her that they have a long history of using modular structures but that she was unable to find any corresponding permits. She added that this situation came to the attention of Code Enforcement .and the Use .Permit process was initiated. She added that Building E would be replacing an existing modular that has been on the site a number of years. Chair Nagpal clarified that this is without benefit of permits. Planner Therese Schmidt replied correct. Chair Nagpal asked staff if there have been other permanent modular structure approvals outside of temporary use. Director John Livingstone replied yes. A school recently had some put in that matched the existing school buildings. They went through Design Review with the Planning Commission. Commissioner Hunter reminded that a modular house was also approved at one time. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Mr. Michael Zarcone, Project Applicant, Sub-Acute, 13425 Sousa Lane, Saratoga: • Identified himself as the President of Sub-Acute. • Thanked the Commission for its site visit the previous day. • Stated that staff has been extremely helpful. • Admitted that he is "guilty as charged" regarding lack of permits. • Explained that he started leasing the property and later purchased it. Said that the Sub- Acute facility is a 38-bed hospital conducted in Building C. Buildings A and B are where residential care occurs with 25 residents. Another building, consisting of 2,500 square feet is used for office use and supply storage. • Said that the intensive care maximum patient load was reduced from ten to eight. • Stated that Building A houses Squiggles and Giggles, an acute care daycare facility fora maximum of 26 children. • Added that Building B houses a County supported school that serves the developmental and educational needs of the hospital's child residents. • Said that he understands the nearby residents' concerns over the possibility of over- utilization of this property. • Said that modular buildings were brought on site years ago for- office and storage uses. Building E, which is 24 feet x 40 feet, would be replaced with a modular that is 24 feet by 60 feet. • Stated that he is not opposed to the relocation of Building E and understands neighbors' concerns. Planning Commission Minutes for October 26, 2005 Page 5 • Said that they are giving up two storage spaces with this application so that the amount of space would basically be the same. • .Stated that he was raised in Saratoga and now understands that his neighbors are upset. He said that he was not trying to be difficult. • Reminded that the neighbors do not object to the relocation of the modular to the front of the property as well as the relocation of the trash enclosure also to the front of the property. • Added that he has arranged a change in pick up times from Green Valley. They have also added rubber wheels to the garbage containers to quiet the noise made when they are rolled around. • Advised that they have also removed some lights from the site. • Said that when he learned of neighbor concern about the pass through he had it closed off. • Assured that he has tried to make as much effort as possible and that he would remove requested trees and add fences as desired by the neighbors. He said that he would be more sensitive to his neighbors in the future. • Stated that these buildings are needed for office and storage space. • Reminded that no Variances are sought. • Said he hopes for approval and thanked the Commission for its consideration. Commissioner.Hunter: • Said that as a long-time resident of Saratoga, she had never visited the Sub-Acute facility. • Thanked Mr. Michael Zarcone for the opportunity to see what they are doing there. • Stated that the facility touched her heart. • Asked about how Building D would be lowered. Mr. Michael Zarcone said that they would lower the ground and drop the building into the hole so that it is at ground level instead of raised on a foundation. Commissioner Hunter asked Mr. Michael Zarcone if he has purchased these modular buildings. Mr. Michael Zarcone said that the modular buildings were originally leased. and later were lease to buy. The administration building has been owned outright for a long time now. Commissioner Hunter said that the County Office of Education should be commended as well for its efforts to bring a school on site to serve these children. Chair Nagpal thanked Mr. Michael Zarcone for the tour. She stated her concern over the compliance history of Sub-Acute and asked him what his plan is for maintaining compliance into the future. Mr. Michael Zarcone: • Said that some of his employees are smokers. He plans to create a smoking area near the front sound wall and as far away from nearby residents as possible. • Pointed out that neighbors now have his cell phone and email contact information. Planning Commission Minutes for October 26, 2005 Page 6 • Reminded that lots of neighborhood concerns were raised recently of which he -had previously been unaware. Commissioner Hunter asked Mr. Michael Zarcone if he has considered holding an open house to allow his neighbors to understand the purpose of this facility. Mr. Michael Zarcone said that he tried to do so in the past but no one came but his mom.. He said he would be willing to try to have such an event for the neighbors again in the future. Ms. Teresa Mills, 13365 McCulloch Avenue, Saratoga: • Stated that she is not opposed to the hospital and that she respects and appreciates what they are doing. • Declared that what she opposes is the way they have been operating in this residential neighborhood. • Expressed support for the relocation of the trash enclosure. • Explained that trash was being picked up at 6 a.m. three times a week, with the related noise disturbing her household: • Said that in addition, her street's trash was also picked up on a fourth day of the week and also at 6 a.m. • Stated that the relocation of this enclosure further from the homes is the best solution and that she appreciates Sub-Acute's willingness to do so. • Reported that the trees the neighbors want removed have grown over their property lines and homes as well as helping displace a fence. • Pointed out that the proposed landscape barrier would not thrive beneath these overgrown Acacia trees. • Said that she recently spoke to the previous owner of her home who advised her that an additional modular unit was placed on site in March of 2000. He was able to influence the placement of that unit. • Thanked the Commission for the opportunity to address this item. Ms. Liz Goesseringer, 19489 Dorchester Drive, Saratoga: • Stated her opinion that the City has a gem with this hospital and the Squiggles and Giggles daycare facility. • Said that these facilities are vital to the families served. • Advised that she has a disabled child who goes to Squiggles and Giggles and that she bought her house nearby in order to be close to this facility. • Asked the Commission to please help accommodate their needs. Mr. P.J. Goesseringer, 19489 Dorchester Drive, Saratoga: • Stated that Squiggles and Giggles is a great place that is top notch. The workers are nice and are like a second family. • Informed that his sister has special needs and would have nothing to do without- this facility. Squiggles and Giggles offers fun art, parties and games for his sister. Squiggles and Giggles offers great care for special needs kids. Mr. Milton Wheeler, 18284 Montpere Way, Saratoga: Planning Commission Minutes for October 26, 2005 Page 7 • Identified himself as a resident of Saratoga as well as the Administrator for Sub-Acute. • Stated that he would come back at the end of the public hearing to make closing remarks on behalf of the facility. Ms. Mary Scates, 150 Evergreen, Boulder Creek: • Said that she is a teacher at Sub-Acute with a Masters in Special Education. • Said that she has been teaching for 16 years and currently serves students ranging in age from three to 21 years who live at the hospital. • Informed that the County runs the school for students who are too medically fragile to go off site to attend school. • Stated that it is a privilege to work with the students and staff here. Ms. Susan. Stevens, 1360 Garvans Drive, San Jose: • Said that she has a 16-year-old daughter, Jacqueline, who has been served by this facility since 1996. She started with special day care after school but later was no longer able to attend public school. This is the only facility that she can attend now. • Added that this is a special place for those who cannot take care of themselves. • Reminded that necessary medical equipment and supplies need to be kept on site to serve these children. • Said that these modular buildings are necessary in order to give complete care. • Said that what is best for the community as a whole has to be paramount. This facility offers the community amuch-needed service. • Stated that awin-win resolution would be achieved with the relocation of the building. Mr. Peter Commondour, 13338 Carrick Avenue, Saratoga: • Said that he is not against this hospital but that he just wants to peacefully co-exist-with it. • Described the recent grand theft at his home due to people using the pass through in the fence to access the area. • Thanked Mr. Michael Zarcone for closing off the fence and said that he wants to be sure that this pass-through stays closed. He does not want to see people coming through. • Reiterated that he is not against this hospital or its mission. Ms. Jackie Lee, 18560 Emanuel Court, Saratoga: • Said that her home is located at the end of the Court with 150 feet of her property adjacent to the hospital. • Said that she has lived in this home for 10 years now. • Stated that she has had bad experiences in dealing with this hospital and is looking forward to starting from scratch with the hospital as far as neighborhood cooperation. • Said that she would like to see frequent public hearings. such as this one tonight in the future. • Reported that she spent the last 3.5 years trying to get the shared fence with the hospital replaced. • Said that in 2001, she ~rst~contacted Michael Zarcone and Milton Wheeler about fixing the deteriorating fence. Nothing happened. In November 2002, two sections fell and she obtained three repair quotations. They told her that they didn't have the budget to share the cost of the fence. In April 2002, they had workers take fence boards .off thus Planning Commission Minutes for October 26, 2005 Page 8 shortening the height of the fence. She had to get the Sheriff's Office involved to stop them. She hired an attorney in October 2002. That didn't help. In July 2004, the replacement fence was finally built. Commissioner Hunter asked Ms. Jackie Lee if her home is where the wisteria is and does she like it. Ms. Jackie Lee said yes and explained that her gardener cuts it back each year. She reiterated her desire to see future correspondence and to see this facility observe the Codes of the City. Commissioner Rodgers said that mediation processes are a good way to maintain good neighbor and community relations. Ms. Jackie Lee agreed. Mr. Roy Dreisback, 18607 Emanuel Court, Saratoga: • Said he supports this facility and has lived on this court for 26 years. • Added that he thought the fence should be maintained without the pass through. • Stated his understanding that the pass through was never required and that he wants to keep the fence at a six-foot height. Dr. Paul Quintana, 5 Palm Avenue, Saratoga: • Advised that his wife serves as a Planning Commissioner for the Town of Los Gatos. • Said that the issue at hand here is the modular buildings that they really need. • Described a recent meeting where they had to take over space normally used by kids in order to accommodate a larger consultation group to evaluate a patient's needs. • Said that he is here this evening in support of allowing these modular buildings on site. • Stressed that they are really needed. Dr. Stuart Slamowitz, 18268 Montpere Way, Saratoga: • Said that he is here to show support for the Sub-Acute hospital. • Said that this is a community-based issue. • Stated the need to provide cost effective round-the-clock treatment of children with cerebral palsy, multiple sclerosis, brain injuries, trauma and other needs. • Informed that Squiggles and Giggles is a novel day care and full time school. • Said that modular units would help in the management of storage and office needs. • Explained that a medical practice today is complex. • Thanked the Commission for its time. • Reminded that Sub-Acute is the first such pediatric facility in California. Mr. Baker Cleveland, 139 Essex Way, San Jose: • Said that he has a few concerns but is supportive of this use. • Stated that his wife works at Squiggles and Giggles. • Said that his heart goes out to Michael Zarcone as he has been going over backwards to meet the neighbor's needs. Planning Commission Minutes for October 26, 2005 Page 9 • Reminded that this is not a profit company. • Advised that this facility helps children enjoy life. • Pointed -out that a simple swing to serve a handicapped child costs $2,000. • Said that issues such as fences and tree removal can be something for which the community offers help. • Expressed concern that someone may take retribution against the hospital for closing the pass through in the fence. Ms. Carol Walker, 13345 McCulloch, Saratoga: • Said that she and her husband, Don, have resided in the neighborhood for 33 years. • Said that their main concern is the intrusion on their privacy. • Explained that there have been broken trees, garbage and fence. impacts. • Said that the hospital itself is not a problem but the abuses on adjacent property is. • Said that the only reason things have begun to happen over the last six months is that the neighbors finally got angry. • Agreed that there is no reason to re-open the pass through in the fence and that there have been no problems since it has been closed off. Ms. Anne Proctor, 20151 Thompson, Los Gatos: • Said that she is the program director at Squiggles and Giggles. • Reported that as technology improves, equipment needs grow. Storage space is a tremendous issue. • Stated that in order to adequately serve these patients, this requested space is needed. • Said that she hopes this application is approved. Ms. Edith Cruickshank, 18388 Baylor Avenue, Saratoga: • Informed that she moved to Saratoga in order to be close to Squiggles and Giggles. • -Said that she has a daughter who-needs the services offered by this facility. • Reminded that issues- often come up between neighbors and that Michael Zarcone is doing a good job to work with his neighbors. • Suggested that the past history be looked at separately from this request. • Pointed out that usually both neighbors have to ante up for shared items such as fences. Mr. Milton Wheeler, 18284 Montepere Way, Saratoga: • Expressed his appreciation for the site visit yesterday. • .Explained that he has taught high school and served as principal for 30 years and loves and appreciates kids. • Said that he has a document with family signatures from Squiggles and Giggles. • Asked supporters in the audience to stand. • Suggested that the Use Permit be granted to allow the movement of the building up-front as this building is vital to their needs. • Said that he felt that the Commission can see the need for this type of facility in the community and that they were able to see an overall picture of what occurs on campus, with the hospital, school and daycare. This is a valuable asset for Saratoga. • Thanked the Commission for its consideration. Planning Commission Minutes for October 26, 2005 Page 10 Commissioner Cappello asked Mr. Milton Wheeler about his impressions on neighbor feedback and whether they had been aware of the frustration of the neighbors and whether he had any remedy and/or recommendations. Mr. Milton Wheeler said that communication between the hospital and community is vital. He said that contact information has been made available and assured that he is on campus all day and will be available to the neighbors. Stressed that communication on both sides has been lacking in the past and he believed that it would improve a lot in the future. Commissioner Cappello said that communication had not been well received in the past and that sometimes mediation is needed. He asked if change is possible. Mr. Milton Wheeler said he believed so. Commissioner Rodgers pointed out that some free mediation services might be available through Santa Clara County and should be investigated to help increase communication. She assured that the Commission would attempt to solve as many issues as possible tonight. She asked if this facility is afor-profit ornon-profit facility. Mr. Milton Wheeler replied that it is afor-profit but is not making a profit. Chair Nagpal said that compliance efforts are higher now due to the -need for a Use Permit. She said that this represents a special use within a residential community. She expressed support for a condition that promotes on-going interaction with the neighbors. Mr. Milton Wheeler said that perhaps a periodic open house would help. Chair Nagpal said that lots of special uses have on-going communication with surrounding uses. Mr. Milton Wheeler reminded that both sides have contact information now. Planner Therese Schmidt: • Said that two issues require further clarification. • Explained that the generator needs Use Permit approval too. • Added that no requirement for a fence opening to serve as a pass through was found to have been imposed for any previous Use Permits that she researched. • Pointed out that that this Use Permit would supersede any previous Use Permit. Chair Nagpal closed the Public Hearing for Agenda item No. 1. .Director John Livingstone reminded that the Municipal Code gives the Planning Commission on-going jurisdiction over Use Permits. The Commission may elect at any time to modify or delete any conditions or add new ones as needed. If neighbors have any issues, the matter could be agendized at a future meeting. Planning Commission Minutes for October 26, 2005 Page 11 Commissioner Hunter questioned the smoking that occurs near neighboring fences as a potential issue. Director John Livingstone said that neighbors would write to the Commission and if it is determined to be a matter that is appropriate for consideration it would be agendized before the Planning Commission. Commissioner Uhl: • Stated that the intent of the Use Permit is to permit the modular structure that was installed without a permit. • Said that alternately that structure could be removed as enforcement. • Said that it is clear that lots of compromise is needed. • .Stated that the neighbors and facility have correspondence regarding significant issues of the past and that these must be prevented from reoccurring. • Expressed his full support for what this hospital is doing. Commissioner Cappello: • Said that he is proud that this facility is located in Saratoga. • Stated that what they are doing is just fabulous. • Advised that with the tour of the facility he realized that the level of care required and provided is heart warming. • Pointed out that being located within a residential area is difficult and he can see where struggles have taken place. • Said that it is important that the hospital take on a much more neighbor-friendly approach. • Said he would like to see quarterly neighborhood meetings. • Expressed concern over the proposed generator location and is unclear exactly where it would be on site and that a clarification of that issue would be great. • Agreed that these buildings are needed and that he supports this project. • Declared that he would like to see this hospital flourish. Planner Therese Schmidt said that the generator would be placed on an asphalt area north of Building B and south of Space #49. This generator is required by the State for emergencies. Commissioner Hunter: • Advised that during her tenure on this Commission projects such as Villa Fatima and St. Andrews School have come before the Commission with neighbor concerns. • Said that this is difficult for neighbors and for the hospital. • Recounted that she has herself negotiated with neighbors over fence replacements. • Said that while she normally stands by trees, in this case she can support the removal of the proposed trees. • Said that she has no objections and would like to say that this is a fantastic facility. • Extended congratulations to all who work. there. They can be proud of what they do for this world. h Ilo ex ressed his a reement with the revious comments. Commissioner Sc a p p g P Planning Commission Minutes for October 26, 2005 Page 12 Commissioner Rodgers: • Said that she has nothing but admiration and respect for this facility and supports it 100 percent. • Reported that she has represented facilities similar to this -and understand the desire to use maximum funding for the provision of care but they must also take care to include the physical site and building maintenance. • Pointed out that this matter is before the Commission for permits and land use issues. • Said that the pass through in the fence is a real liability -issue for the hospital and encouraged them to check into that with their attorneys before reopening that pass through since neighbors have already given notice of mischief and/or criminal activities using that pass through. • Stated her support for keeping that opening closed. Commissioner Uhl suggested a change to condition of approval #19. Planner Therese Schmidt said that it could be outright stricken. Commissioner Hunter pointed out that she likes to keep kids off main highways and has mixed feelings about closing the pass through. Said that if the neighbors do not object, she would have no problem with having that opening. Chair Nagpal sought consensus on the issue of the fence. ommissioner Ca ello su orted leavin it as is. There is an o tion to reo en it in the C pP pp 9 P P future. Commissioner Uhl said that it should remain closed as it promotes crime when open. The finding is required that this project does not impact the health, safety and welfare of the public. That can be assured with the gate remaining closed. Commissioner Schallop asked if the easement issue is before the Commission. Planner Therese Schmidt said that this would be privately recorded. Commissioner Schallop supported tying the closure of the pass through into the conditions of approval for this Use Permit. Chair Nagpal stated her preference to keep the pass through closed. Commissioner Rodgers: • Said keeping it closed is also important for the safety of patients and staff of the hospital. • Expressed support for the relocation of Building E to the front of the property. • Suggested closing off the bottom of Building E for safety and prevention of people accessing the under part of the building. • Stated her support for the trash enclosure. Planning Commission Minutes for October 26, 2005 Page 13 Chair Nagpal said that something needs to be added to Condition #2-E regarding the generator and the removal of condition #19. Commissioner Uhl suggested adding a requirement for quarterly correspondence with the surrounding neighbors. Commissioner Rodgers said that the permanent closure of the pass through should also be conditioned. Chair Nagpal said that this condition should include fence maintenance and the closure of the pass through. Director John Livingstone said that the project would be approved per the attached plans, Exhibit A, that shows fences and building placement. Commissioner Rodger suggested taking out Condition #19. Chair Nagpal thanked staff and the applicant for taking the Commission through the site yesterday. Cautioned that she feels the intensity of this use is close to being maxed out on this particular property. Commissioner Rodgers agreed saying that without going to a second story or losing parking the site would now be maxed out. Chair Nagpal said that the Commission appears ready for a motion. Expressed appreciation for the neighbors who have come out this evening and assured that going forward would be for the best. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Uhl, the Planning Commission granted a Conditional Use Permit and Design Review Approval (Application #04-189) to allow the placement of two modular structures (one 1,440 square feet and one 1,200 square feet) on the parcel, construct a trash enclosure -and remove trees on property located at 13425 Sousa Lane, for the following amendments: Adding an approval for the generator to this Use Permit; • Amending Condition #2 adding a new paragraph E regarding the generator and the need to provide four sets of plans to include the generator's location on site; • Amending Condition #19 to read that the opening in the fence shall remain closed and secured with a chain link fence. • Adding Condition #22 that requires the establishment of a mechanism to facilitate work between this facility and its neighbors; by the following roll call vote: AYES: Cappello, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None . ABSENT: Kundtz ABSTAIN: None APPROVAL OF RESOLUTION NO. 05-048 Application No. 04-189 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Sub-Acute; 13425 Sousa Lane WxEREAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit and Design Review to place two modular structures (one approximately 1,440-square-feet and one approximately 1,200-square-feet) and a portable generator on the parcel, construct a trash enclosure, remove several accessory structures and remove trees. Sub-Acute is located within the R-1-10,000 Zoning District. The Sub-Acute facility is categorized as a "nursing home and day care facilit}~' per Municipal Code Section [MCS] 15-06.470 and 15-06.190. Establishment of a nursing home and day care facility within the R-1-10,000 Zoning District requires. a Conditional Use Permit per MCS 15- 12.030(f). Any structure, except asingle-family dwelling or accessory structure, having a gross floor area of one thousand square feet or greater located in an R-1 Zoning District requires Design Review per MCS 15-46.020(a)(6); 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 proposed project consisting of installation of two modular buildings (1,200 Sq. Ft and 1,440 Sq. Ft.), construction of a trash enclosure, and removal of trees is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303(c), "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). This exemption allows for the construction of up to four commercial buildings not exceeding 10,000 square feet in floor area; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review, and is consistent with the following General Plan Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The existing site is tucked into a residential neighborhood and is not visible from a scenic highway or a major arterial. The proposed bulk is minimal and the proposal includes extensive improvements to the landscape, which will enhance the rural character of the community. Land Use Element Policy 5.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the proposal meets design review findings stated in MCS 15-14.080. Land Use Element Policy 6.2 -Proposed land uses and development proposals shall be evaluated against ordinance standards to assure that the related traffic, noise, light, appearance and intensity of use have limited adverse impact on the area. As conditioned, the proposal meets ordinance standards relating to required parking spaces, a sign cant increase in traffic and noise is not anticipated, and lighting standards have been address; therefore, the proposal will have limited adverse impact on the area. WHEREAS, the applicant has met the burden of proof required to support said application for Conditional Use Permit approval, and the following findings have been determined: a) -That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; and Nursing Homes and day care facilities, along with associated administrative functions, are identified as appropriate conditional uses in the R-1-10, 000 Zoning District and provides a unique service for the residents of Saratoga. Approval of the Conditional Use Permit would fulfill the objectives of MSC 15-12.010(d), which is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. The peaceful atmosphere associated with a residential neighborhood provides a tranquil environment, which . is ideal for care and rehabilitation of children with special needs. b) That the proposed location of the conditional use, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed modular structures will be used to accommodate additional administrative functions for the facility, which will not be detrimental to the public health, safety or welfare of the residents of Saratoga. As conditioned, the applicant will be required to substantially improve the landscaping, parking lot, and general appearance of the parcel; therefore, the conditional use permit will not be materially injurious to properties or improvements in the vicinity. c) The proposed conditional use will comply with all other applicable provisions of the Saratoga Municipal Code. As conditioned, the application will meet all applicable provisions of the Saratoga Municipal Code. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: a) Avoid unreasonable interference with views and privacy. The maximum height of proposed modular structure "D" is 12' 10" and modular structure "E" is 11 feet 9.5" inches. The proposal will not unreasonable interfere with the views from Souza Lane or the privacy of abutting neighbors. b) Preserve Natural Landscapes Since the building site is flat, no grading is proposed. Several trees in poor health will be removed and new landscaping around the pazcel will be provided; thus, improving the aesthetic value to the neighborhood. c) Preserve Native and Heritage Trees. Six trees are proposed for removal; however, the trees are not native or heritage trees, the City Arborist has determined the trees are in poor health, and new trees will be provided as a condition of approval. d) Minimize perception of excessive bulb The proposed modular structures aze relatively small at 1,200 sq. ft. and 1,440 sq. ft. and are less than 12.5 feet in height. Painted colors proposed are similar to the existing structures, which will help blend the modular structures into the surrounding buildings creating a uniform campus. Modulaz Building "D" is proposed towards the rear of the pazcel and will not be visible to Sousa Lane. Additional landscaping will be required, which will reduce and minimise the perception of excessive bulk. e) Compatible bulk and height The proposed modular structures are smaller than the existing structures, which will allow them to blend into the surrounding. residential neighborhood better. f) Current grading and erosion control methods. 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 the staffreport. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit and Design Review approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" date. stamped October 17, 2005, 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 following shall be included on the plans submitted to the Building Division for the building plan check review process: a. Four (4) sets of complete construction plan incorporating this Resolution as a separate plan page. b. Four (4) sets of landscaping plan incorporating all conditions of approval and recommendations contained in the arborist report. c. Four (4) sets of elevations illustrating the proposed trash enclosure. d. Four (4) sets of a site plan wet signed by a licensed land surveyor verifying property lines and setbacks. e. Four (4) sets of site plan illustrating the proposed .location of the mobile generator. 3. In the event that the two existing 8' x 10' sheds (shown north of Building "D") or Building "D" are determined to be located within the required side yard setback by the licensed land surveyor the structures must be relocated to an area on the site approved by the Community Development Director or removed, prior to issuance of building permits. 4. The proposed modular structures and trash enclosure shall use paint -and materials to match the existing structures. 5. The proposed trash enclosure must be constructed according to the New Development and Construction -Best Management Practices to avoid storm water runoff contamination associated with trash facilities.. In addition, the_ structures shall incorporate a solid wood self-closing gate. 6. A storm water retention plan indicating how all storm water will be.retained on-site, and incorporating the New .Development and Construction -Best Management Practices. 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 minimise use of fertilizers and pesticides that can contribute to water pollution. 8. Where feasible, landscaping shall be designed and .operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. 9. A minimum five-foot landscape buffer along the north, east, and west, property lines shall be provided, planted, and maintained in a healthy state as illustrated on the approved plans, with the exception that- athirteen-foot landscape buffer shall be provided between the rear property line and the parking lot. 10. Adequate landscaping shall be provided to screen the-trash enclosure as determined by the Community Development Director. 11. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. 12. Plant materials selected shall be appropriate to site specific. characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 13. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 14. The applicant shall record a deed restriction for the Parking Agreement, prior to .Building Permit issuance. 15. Applicant must remove the existing Scribbles and Giggle .monument sign prior to issuance of building permits. If the applicant wishes to reinstall the sign an application for sign permit along with applicable fees. must be submitted to the Planning Department. 16. Applicant shall construct a uniform seven-foot high fence along the rear property line. 17. Applicant shall provide a lighting plan with proposed specifications for review and approval by the Community Development Director prior to issuance of building permits. 18. Applicant must apply for, and receive, appropriate building permits for the existing 8' x 20' shed, located approximately three feet east of Building "C," prior to issuance of any other building permits on the parcel. In the event that the shed is not approved for building permits, the shed must be removed prior to issuance of any other building permits. 19. The opening in the fence along the eastern property line shall be closed and illustrated on the site plan as closed prior to issuance of building permits. 20. Applicant must resurface and stripe the existing parking lot, including the circular drive located to the front of Building "C," to building specifications on approved plans unless changed by the Community Development Director prior to issuance of occupancy of Building "E." Building "E" may not be used as a storage facility in the interim. 21. Applicant is granted temporary occupancy of Building "D" for a period of not more than 180 days (six-months) during which time the applicant is required to fulfill conditions of approval numbers: 2-19. Condition of approval No. 20 must be completed prior to issuance of occupancy for Building "E," if applicable. In the event that the conditions of approval have not been met the temporary occupancy permit may be withdrawn and Building "D" must be vacated until such time as all conditions of approval have been met. FIRE DISTRICT 1. Applicant shall comply with all Fire Department conditions. CITY ATTORNEY 1. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by -the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. ARBORIST REPORT 1. All recommendations in the City Arborist's Reports dated September 22, 2005, shall be followed and incorporated into the plans. This includes, but is not limited to: a. Prior to issuance of Building Permits the applicant shall obtain a tree bond, or similar funding mechanism, in the amount of $12,790.00. b. To offset the impact of removing trees #1, 8, 9 and 11-13 the applicant shall install trees, as discussed in the arborist report, to its appraised value of $3,340.00. c. -The Arborist Reports shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. d. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the drip-line of any ordinance protected trees on the site. 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 AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of October 2005 by the following roll call vote: AYES: MIKE UHL, MANNY CAPPELLO, JILL HUNTERS SUSIE NAGPAL~ LINDA RODGERS~ MICHAEL SCHALLOP NOES: ABSENT: ROBERT KUNDTZ ABSTAIN: Chair, Planning Commission ATTEST: cretary, 1 ommission 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. ~i~3 ~o.~ Property r or uthorized Agent ~ Date • f • • 13425 Sousa Lane Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT APN 389-46-012 and 389-46-013 Owner: Arndt Trust c/o Byron C. Arndt INTRODUCTION Application #: 04-189 May 4, 2006 Prepazed by Kate Bear ISA Certified Arborist WE 2250A The property owner of 13425 Sousa Lane has submitted plans to the-city to place two modular buildings on site, build a trash enclosure and remove several accessory structures. A total of 13 trees protected by City Ordinance 15-050 were inventoried for this project and are included in a report dated September 22, 2005 by David Babby. These 13 trees. aze exposed to potential impacts from construction. Detailed information for these trees maybe found in the September 22 report. Also reviewed for this report, were plans dated October 5, 2005 by Guerse Conceptual Designs, Inc. were reviewed for this report. Site Observations, Plan Review and Technical Discussion The azborist report dated September 22, 2005 does not require fencing azound protected trees. This will be required (see Tree Protection Measures below for details) prior to resuming any work on the project. The azborist report from September 22, 2005, misidentified tree #4 as a redwood. It is a Japanese redwood, Cryptomeria japonica. Its value is $4,670 rather than $1,270. The difference of the two values, $3,400, should be added to the tree protection bond. Palm trees #5-7 have been removed. Their combined appraised values equal $1,140. Replacement trees equal in.value to this amount should be planted during the landscape phase. Replacement values maybe found at the end of the Tree Inventory Table in the September 22, 2005 report. Acceptable species include the trees listed in section 15-50.020 of the City Ordinance under "native". I recommend 1 36-inch box tree or 2 24-inch box trees and one 15-gallon tree. The following requirements from the azborist report dated September 22, 2005 have not yet been implemented, and must be addressed prior to resuming work on the project:- a. Tree #4 has not yet been surveyed and added to the plans as required b. A 5-inch layer of bark- chips has not been placed beneath each protected tree as required Debris has been piled up azound the trunk of pine tree #3 and should be removed immediately. Grading has occurred prior to installation of tree protection fencing azound tree #10. All fill should be removed by hand from within 6 feet of tree #10 and tree protective fencing should be installed prior to resuming work. Page 1 of 3 13425 Sousa Lane Cars have been parked about 1 foot from tree #4. They aze beyond the asphalt parking azea and on the soil. Cars should remain at least seven feet from the tree trunk. RECOMMENDATIONS 1. Owner shall include this entire report and the entire azborist report dated September 22, 2005 into the set of final building plans and title the sheet T-1, Tree Protective Measures. 2. Owner should survey tree #4 and include on Site Plan. 3. A grading plan must be evaluated for impacts to trees prior to any further grading. Any approved grading or trenching beneath the trees' canopies shall be manually performed using shovels. Fill that has been placed within 6 feet of tree #10 shall be removed by hand. 4. Replacement trees for those that have been removed, equal in value to $4,480 shall be planted during the landscape phase. Owner shall plant at least two 36-inch box trees, four 24-inch box trees and one 15-gallon tree. Acceptable species aze those listed in the previous azborist report. 5. A landscape plan showing irrigation, electrical connections, trenching and plant palette must be evaluated for impacts to trees. 6. The landscape plans must also 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 azea under the tree canopies may be planted. Plant selection must have similaz water requirements to the trees under which they will be placed. c. Lawn must not be installed up to the trunks of 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). 7. Per City Ordinance 15-50.080d, the owner shall provide a tree protection bond in the amount of $16,190. This amount supersedes the bond amount listed in the previous report. 8. Tree protective fencing shall be installed as shown on the attached map and established prior to any grading or the arrival of construction equipment or 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. 9. No further grading may occur until tree protective fencing is installed and approved by the City azborist. Call-Kate Bear, City Arobrist, at 868-1276 for inspection. Page 2 of 3 ' ~ J 13425 Sousa Lane • 10. Although the birch trees are not protected by ordinance, I recommend installing fencing azound them during construction. One has already been damaged by equipment hitting its trunk. I recommend repairing the damage by hiring a licensed tree caze specialist certified by the International Society of Arboriculture to trace the bazk around the wound so it will heal properly. 11. Unless otherwise approved, all construction activities must be conducted outside the designated fenced azea (even after fencing is removed). These activities include, but aze not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and pazking. 12. 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. 13. Pine and redwood trees shall be watered during the dry months of April through October, depending on rainfall, using a soaker hose placed just inside the drip line of the canopy. The .frequency and amount of water to be delivered must be adequate to ensure good tree health. 14. 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. 15. Herbicides shall not be applied beneath the tree canopies. Where used on site, they must be labeled for safe use neaz trees. Attachment: Map Showing Tree Protective Fencing • Page 3 of 3 i I I FXW`I'Inlli 8E511slIA:k FXISTINO•It4$IpkNJ„k 1 KXIy~Np ~ 1 1_- NErYSIWLiN rIANIx RMTilegw 1 1 rErl.as Eausru+,: ~MI]NYW ra 1111111 IIEUWlXAr111 - MT'ENNMti MlerlteMUa AI,ATk1INJ,p 7YEY1'wWwT ENtIN-Ilfr4l L1/A11f(Nf HINWIITY -FlypM hYN~l LINE ANV SMRrWq{T. WIt1Npf - 1 - ~,! ~ ___..._.. _.-._-.-._.-.._....__.. .. Tlyl ~1I IN YNyASIIfiT~-. _ NE.11 r.q ~ _ _ ~''~ •y~ ~1,~• ~ ~u Tuw n y..: 11N;` I ~+'•~ WW1} ~ n I 1 o>f= >R 1 ~ ~_ _ _ ."_ ~ wr ~ xiv~' 1 ~ctr,~e wwA~ O ~ ~~''' „~ ~` ~ (''~ r~u _ y _ 0. ~ ~ "' Iq T' `-• 1 3r'!' igEif w-l E~ ~EjNj -w~Miv ~~ ~ ~~ 1 c~ u :1 ' ep w ~ = ~ IEV~" x _.. _. ` ~~Q _ 1 i «-YN : Ilws wulwTUy $ ~~~ p.\71 3• . t7JIMMR1rG A {~ EVKI W~i iY1iV' :a•NMA~IX1+s. ~ ~ ~ ~ i ,u+~IE>t~ t:XItiTINI: IiUI1.111NU ~AW-TIXiA SU&ACUTF CEt~t~~ ~~ ,~ ~ ~ ~~ ,~'~'a~oErWnT"-p~~ IO.1SI11S F 1 ,+~ •~, t,~•~'f:, ~' .~ ZI •fa 11 G .. • lA ~ •~ 1 T. _ ... , ~ s `~ I 1` .~- M .. __ ._-Tti NN ~ 1T• mn,r `s•xii .... 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Arndt Application #: 04189 ~I~,~-~~ June 5, 2006'(` Prepared by Kate Bear ISA Certified Arborist WE 2250A INTRODUCTION The property owner of 13425 Sousa Lane has submitted plans to the city to place two modular buildings on site, build a trash enclosure and remove several accessory structures. This report reviews landscape and imgation plans and the play equipment surface that will be installed. Plans reviewed include Sheets 1-3, dated May 19, 2006, by Toni Heren Gazden Design and include a Landscape Plan, an Irrigation Plan and a Plant Legend and Irrigation Details. Site Observations, Plan Review and Technical Discussion No grading plan was submitted with the landscape plans. If any grading is to occur, a grading plan is necessary so that impacts to existing trees maybe evaluated. Many trees are proposed on the landscape plan, but the total value of the new trees does not add up to the required value of $4,480, which is the value of the trees removed. Trees equal in value to this amount should be planted. In addition, only four trees larger than 15 gallon sized aze called out on the plans. I recommend that at least 10 of the trees to be planted aze 24 inch box size. It is not clear how the lawn areas will be irrigated. No imgation lines or spray heads aze shown in the lawn azeas. Installation of irrigation should remain outside of the canopies of any existing trees on site. The pines especially should not have irrigation installed under their canopies unless it is drip irrigation and installed on top of grade. No plants are shown in the planter azea adjacent to Building B or on the drive aisle adjacent to Building C. I recommend that plants be installed in these planter azeas. The submittal for the play area surfaces does not state which safety level will be used, so it is not clear how much excavation must occur to install the play area surfaces. This should be clarified. RECOMMENDATIONS 1. Owner shall include this entire report and all previous azborist reports (dated May 4,-2006 and September 22, 2005) into the set of final building plans and title the sheet T-1, Tree Protective Measures. Page 1 of 2 ~. 13425 Sousa Lane • 2. Owner should complete all recommendations from previous arborist reports. 3. A grading plan must be evaluated for impacts to trees prior to any further grading. 4. I recommend that at least 10 of the new trees be 24 inch box size or larger. 5. The irrigation plan should show all irrigation that will be installed. It appears that no irrigation is going into lawn areas. 6. Trenching for the installation of irrigation should remain outside of the canopies of any existing trees on site. Only drip irrigation should be installed under the canopies of any existing tree and it should remain on top of existing grade. 7. 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I 41. ~~ ' D~'w • ~ AE L~~ ~ ' •p F~ ~~~yy ~., ~~• ~ m 'e ~ - yy~~ p 1`711"`777 `~'N /~ }' ~ _ g`t ~ - ~ c~ <4H c~_3=`-=CIA p -~ `~L •' ..F3.~ ' ~ b ~5~ ~i 1 ~~x^ ~ ~ `~ ~m '1W w~~ ~.b o rw wF 2 ~ +' p~ ~~b ~~ ~ ~° ~ k~Z.~ ~~ ~ wx pF Q ' I a ~ ~~~~,<~~ ~ ~ ~zg~ I ~~~ ~~ S ffa'' w~aw ~ Q~~ O° ~~9w prz ~g ' w ~ w 0 ~ ~ F C~~~5 #~' ~~ `Jid --- U~ d TF w f~ Rjc ~ ~n~ +/' -- ~~ ~y°'FrEr<kF w V Wy~rw ~~wd~ W I VJt'-- W I m ~ ~ P I N W I V • • • Item 2 ~ REPORT TO THE PLANNING COMMISSION • Application No/Location: 06-276 -15397 Peach Hill Road Type of Application: Design Review Owner: Mehdi and Azar Amini Staff Planner: Deborah Ungo-McCormick, AICP, Contract Planner Meeting Date: June 28, 2006 APN: 517-22-100 Department Head:;~~r~, John Livingstone, A Subject: 15397 Peach Hill ~ .. i;o,•5b e APN: 517-22-100 ~ ~ J - ~' =~'~ R~ ~ ' ' 3 e• _n w Lya. trg ~ ,~ ~= i .. r '~~ ~ > --qt.• ~•, ~" `~ c~iC if ~° ~~~ S: q•' r y~ ti ~~k ~ ~,._.. ~~• `tit .~. -~ ~~~" ` _____'- ~_ ~ '~ .. i r ~t 1 Ax s ~~ a. 3L~"t- ` ~ ~ ~ IMF"i°~~ ii ` a~ ~} + C Z C- !~ C'_i L 15397 PEACH HILL ROAD i~ Application No. 06-276,• 15397Peach Hill Road EXECUTIVE SUMMARY CASE HISTORY: Application filed: 02/22/06 Application complete: 06/06/06 Notice published: 06/14/06 Mailing completed: 06/12/06 Posting completed: 06/22/06 PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a 122 square foot addition to an existing two-story, single-family residence, which has an existing basement and attached garage. In addition, the project includes extensive remodeling of the exterior and interior of the existing residence that will result in a different architectural style. The total floor area of the proposed residence is approximately 5,595 square feet. The maximum height of the proposed residence is 26 feet. The lot size is approximately 53,162.50 square feet and is located within the R-1-40,000 zoning designation. STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the application for Design Review by adopting the attached Resolution with required findings. 1.J r~ ~~ • Application No. 06-276,• I5397Peach Hi11 Road • STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: Very Low Residential Density MEASURE G: Not Applicable PARCEL SIZE: 53,162.50 gross and net square feet SLOPE: 22 % average site slope GRAnING REQUIRED: Minimal grading required. ENVIRONMENTAL DETERMINATION: The proposed new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. MATERIALS AND COLORS: Materials and colors include exterior stucco painted in "Oatmeal' color, moldings, columns and railings painted Brite White and Cobblefield culture stone at the base of the columns. A colors and materials board is available on file with the Community Development Department and will be presented at the site visits and public hearing. Application No. 06-276,• 15397Peach Hill Road PROJECT DATA: Proposal Code Requirements Lot Coverage: 32% Maximum Allowable 35% (Impervious) Residence 2,654.0 sq. ft. Porch 484.0 sq. ft. Walkways 1,911.0 sq. ft. Driveway 10,026.0 sq. ft. Garage 1,938.0 sq. ft. TOTAL 17,013.0 sq: ft. 18,606.87 sq. ft. Floor Area: Maximum Allowable First Floor 2,642.0 sq. ft. Garage 2,051.0 sq. ft. Basement 532.0 sq. ft. Secondary Unit 370.0 sq. ft. TOTAL 5,595.0 sq. ft. 5,610.0 sq. ft. Setbacks• Minimum Requirement Main Residence Front 105.0 ft. 30 ft. Rear (ls` floor) d 62.0 ft. 50 ft. Floor) Rear (2n 93.0 ft. 60 ft. Right Side (15` floor) 55.0 ft. 20 ft. Right Side (2nd floor) 63.0 ft: 25 ft. Left Side (ls` floor) 26.0 ft. 20 ft. Left Side (2nd floor) 26.9 ft. 25 ft. Height: Maximum Allowable Residence Lowest elevation pt. 124.36 ft. Highest elevation pt. 133.06 ft. Average 128.71 ft. At the topmost point of the structure 154.71 ft Maximum height 26.0 ft. 26 ft. PROJECT DISCUSSION: The site is akidney-shaped parcel that contains an existing two-story residence. It is accessed by a private road off Peach Hill Road, which encircles the property along the southern edge of the property. The private road provides vehicular access to three other parcels. The lot size is approximately 53,162.50 net square feet and the site is zoned R-1- 40,000. The site slopes to the north and east with an average site slope of 22%. _ Application No. 06-276,• 15397Peach Hill Road The applicant requests Design Review approval to construct a net 122 square foot addition to an existing two-story, single-family residence that contains a basement and attached garage. Only a minor change in footprint is proposed in the south west corner of the existing residence and in the east side of the upper level with a net gain of 122 square foot of floor area. The applicant is also proposing to extensively remodel the interior and exterior of the building, which will result in a complete change in architectural style- of the existing structure. The only area to remain in its original location and design is the central living area in the lower level of the home. The remodeling may result in the demolition of over 50% of existing walls, which is considered a new home and requires approval by the Planning Commission. Historic Evaluation The original residence is approximately 70 years old and the architecture was originally reflective of the late Arts & Crafts design in its simple shape, gables and use of natural materials. However, the original shingles have been replaced and the wood frame windows have been retrofitted with aluminum sash frames. Most of the interior has been renovated and, except for the central living room, it is no longer consistent with the Arts & Crafts design. Because of its age and the proposed extensive remodeling of the exterior of the home, a historic and architectural evaluation was prepared by Frank Maggi, Archives & Architecture (November 8, 2005). Mr. Maggi concluded that the property history confirms that the house is not associated with persons significant to our past, and that the existing house is no longer reflective of the Arts & Craft design. The Heritage Preservation Commission visited the site, considered and approved the historic evaluation report on May 9, 2006. Design/Architecture The proposed residence incorporates elements of Greek and Classical Revival style of architecture. Identifying features of the proposed remodel include a flat roofline, cornice/moldings, tall round Roman columns with bases. Windows include square and arched elements, which are not generally consistent with this architectural style. In addition, the entryway windows and door are more consistent with Italianate or Mediterranean styles. Anew front porch is being added with tall columns and balustrades. The covered porch area along the lower level of the east elevation is being replaced with covered porch with columns that extend from the first to the second level of the home -and wrap around to the front of the home. In the center portion of the east elevation, a new second story covered porch with short columns and balustrades is proposed. The proposed rear elevation includes three new sliding doors and balconies. There is an existing rear wood deck that appears to have been constructed and/or added on to over the years without proper footings. The height of the deck is such that it does not allow proper access to the basement-level garage. It is also being replaced in the same style and materials as the home, and balustrades are proposed around its perimeter. The new deck will be constructed to Code and will allow full access and use of the existing garage. • Application No. 06-276,• 15397Peach Hi11 Road Trees The site contains a significant number of trees. However, the addition and remodel are contained within an area that is already developed and no trees will be impacted by the project: Therefore, an arborist report was not required for this- project. If approved, the project conditions will require that all construction activities be limited to existing area of development and that protective fencing be installed to the satisfaction of the city arborist to protect all existing ordinance size and native trees. Compatibility with adjacent homes The project site is located in a residential area that consists of a mix of two-and one-story. homes on generally one-acre lots. The architectural styles vary, including French eclectic, Craftsman, Contemporary and Mediterranean. The subject home is visible from the immediate homes to the north and east of the property. The homes immediately to the west and south are screened by significant mature vegetation and thus- the subject site is not readily visible from these properties. While styles are varied in this area, there does not appear to be other homes designed in the Greek and Classical Revival style in the immediate vicinity of the project. In addition, the colors proposed for the residence are very bright and do not appear consistent with the character of the area. Interference with views and privacy issues The first and second story setbacks meet or exceed the minimum setbacks required by City Code. Because of the significant existing mature vegetation on the west and south side of the property and on the adjacent properties, there are no privacy concerns for properties facing these sides of the home. The east and north facing elevations include new second- story windows and balconies that maybe more visible from adjacent properties. The north facing second-story elevation is set back approximately 93 ft. from the rear property line with an existing wood deck that extends approximately 50-feet towards the rear of the site. The property to the north (rear) of the site is at a much lower grade-than the subject home; therefore, the second-story portion of the home is generally outside the line of site of the adjacent home. In addition, there is significant vegetation surrounding the subject property. Therefore, there appears to be no concerns about privacy and interference with view for this property in reference to north side of the property. Potential issues of privacy are of concern regarding the east facing elevation. Currently the east facing elevation does not contain a second story balcony, only a covered porch/deck in the first floor, along the length of this elevation. The proposed remodeling and addition includes a new second-story balcony in the center portion of the east elevation and new large bedroom windows proposed on either side of the balcony. This elevation faces the existing home immediately to the- east of the private drive. The proposed chances will increase the potential privacy concerns for this neighboring property. In addition, staff is concern that the colors and materials have a higher reflective value that will make the home more visible from areas within and outside the immediate neighborhood. • Application No. 06-276,• 15397Peach Hill Road Neighbor Correspondence The applicant .has provided the City's neighbor notification forms to adjacent property owners. No comments in opposition of the. project had been received as of the writing of this report. Geotechnical Clearance The application as proposed does not currently require geotechnical review. Design Review Findings The proposed project is not consistent with all the following Design Review findings stated in City Code 15-45.080: (a) Avoid unreasonable interference with views and privacy. The house is located and designed in a manner that minimizes interference with views and privacy to adjacent properties to the north, south and west. This includes setbacks that exceed the minimum setbacks required by .City Code and its surrounding mature vegetation. New windows and balconies are proposed on the second stories that will face the adjacent north and east properties. While three balconies are proposed in the rear upper level of the new house facing the rear of the lot, the setbacks -will be approximately 93 ft. from the rear property line and is screened by significant mature landscaping. However, the east facing elevation includes a new balcony and new large windows that face the adjacent property. Staff finds that the design of this elevation could be revised to avoid unreasonable interference with privacy. Therefore, this finding cannot be made in the affirmative. (b) Preserve Natural Landscape. The site contains numerous native trees. The proposed remodeling and addition are limited to the .existing developed portion of the site and no changes or impact to the existing vegetation are anticipated as a result of this project. This finding can be made in the affirmative. (c) Preserve Native and Heritage Trees. The applicant is proposing to retain all ordinance-size trees and other existing vegetation on the site. The remodeling and construction activities are limited to areas of existing development which would not impact existing native and heritage trees. If approved, the project conditions will require that all construction activities be limited to existing area of development and protective fencing be installed to the satisfaction of the city arborist protect all existing ordinance size trees. This finding can be made in the affirmative. (d) Minimize perception of excessive bulb The proposed architectural style and proposed colors and materials will result in a perception of excessive bulk. The fascia of the predominantly flat roofline is very pronounced and makes the house look more massive. In addition, the use of second-story balconies around the east and north facing walls with extensive use of balustrades and disproportionatelythick .columns make the house appear massive and bulky. Also, the proposed colors and materials are not consistent with the wooded, hillside character of the area where Application No. 06-276,• 15397Peach Hill Road more natural materials and earth tone colors should be utilized. Therefore, this finding cannot be made in the affirmative. (e) Compatible bulk and height The proposed residence will be located in an area, which contains a mix of older and newer two-story homes on primarily one acre and larger lots. The remodeling of the two-story residence has been designed, as described in (d) above, in a manner that increases the appearance of excessive height and bulk in relation to other homes in the neighborhood. Therefore, this finding cannot be made in the affirmative.- (f) Current grading and erosion control methods. The- proposal will conform to the -- City's current grading and erosion control methods. Therefore, this finding can be made in the affirmative. (g) Design policies and techniques. The proposed project does not conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoidance of unreasonable interference with privacy and views as detailed in the findings above and staff report. Therefore, this finding cannot be made in the affirmative. Conclusion Staff concludes that not all of the Design Review findings can be supported. STAFF RECOMI~~NDATION: Staff recommends that the Planning Commission deny the application for Design Review with required fmdings by adopting the attached Resolution. ATTAC~IlVIENTS: 1. Resolution of Denial: 2. Neighbor Notification forms. 3, Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 4. Reduced Plans, Exhibit "A." . • • • Attachment 1 • APPROVAL OF RESOLUTION N0.06-0 Application No. 06-276 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Amini; 15397 Peach Hill Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval to construct an addition, which also include interior/exterior remodeling of an existing two-story, single-family residence: The total floor area of the proposed residence is approximately 5,595 square feet. The maximum height of the proposed residence is 26 feet; and WHEREAS, the Planning- Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and • WHEREAS, the project, which proposes to construct a new single-family home, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to construction of a single family home in an urbanized area; and WHEREAS, the applicant has not met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 have not been made in the affirmative: (a) Avoid unreasonable interference with views and privacy. The house is located and designed in a manner-that minimizes interference with views and privacy to adjacent properties to the north, .south and west. This includes setbacks that exceed the minimum setbacks required by City Code and its surrounding mature vegetation. New windows and balconies are proposed on the second stories that will face the adjacent north and east properties. While three balconies are proposed in the rear upper level of the new house facing the rear of the lot, the setbacks will be approximately 93 $. from the rear property line and is screened by significant mature landscaping. However, the east facing elevation includes a new balcony and new large windows that face the adjacent property. Staff finds ,that the design of this elevation could be revised to avoid unreasonable interference with privacy. Therefore, this finding cannot be made. in the affirmative. (d) Minimize perception of excessive bulk. The proposed architectural style and proposed colors and materials will result in a perception of excessive bulk. The fascia of the predominantly flat roofline is very pronounced and makes the house look more massive. In addition, the use of second-story balconies around the east and north facing walls with extensive use of balustrades and disproportionately thick columns make the house appear massive and bulky. Also, the proposed colors and materials are not consistent with the wooded, hillside character of the area where more natural materials and earth tone colors should be utilized. Therefore, this finding cannot be made in the affirmative. (e) Compatible bulk and height. The proposed residence will be located in an area, which contains a mix of older and newer two-story homes on primarily one acre and larger lots. The remodeling of the two-story residence has been designed, as described in (d) above, in a manner that increases the appearance of excessive height and bulk in relation to other homes in the neighborhood. Therefore, this finding cannot be made in the affirmative. (g) Design policies and techniques. The proposed project does not conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoidance of unreasonable interference with privacy and views as detailed in the findings above and staff report. Therefore, this finding cannot be made in the affirmative. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, Application No. 06-276 for Design Review approval is hereby denied. Section 2. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, the 28th day of June 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission • ATTEST: Secretary, Planning Commission • • Attachment 2 • City of Saratoga Neighbor Notification Form Date:_ ~ . i ~ - d ~~~ PROJECT ADDRESS: X5,3 ~ //~ lUiu• ~p~ . Applicant Name: NI ~.~ ~,~ & Z ~ ~ ~ t~-n ~ ~ Application Number: •• Sta, f,~'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 th~r 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. ~My signature below certifies the following: I have reviewed the.project plans;. T i~n[lercranr~ the c nn of satnrk; and I do N03' have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. • ~ • QMy signature below certifies the following: I have reviewed the project plans; I»nrlerctanA the c nnP of wnrk; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the fallowing. (please attach additional sheets if necessary: Neighbor Name: - (` ~~~,~g~y~ .. ~ Neighbor Address: `/ // ~j ~ . ~ i • Neighbor Phone Number: Y ~~ -~'-6 7, D / 1~ • ~.u~ ~.:h-.~ i • :.J:J ~' Signature: Printed: ~ CIl Y UI• :,.:r.. /~%Z~~i ~ ~, q Y~-~.r ~I ~raC~~~ _',"MUNITYDEVEt,v.. . d'Y~ar,a J. ~f~ooks City of Sarato a g Neighbor Notification Form Date: PROJECT ADDRESS: ~ S 3 /~~d .- ~ .u~ APPlicant Name: ~ ., ~ ~ ~ ~ ; ~ i ~ ~ ~ . . ~` Application Number: ~ ••~ ~ • •• ~ . Stafj'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 actualpublic review and appeal periods. Gamy signature below certifies the following: I have reviewed the.project plans;. . work; and I do NOT have any concerns or issues which need to be address b the a hcant n of the City's public hearing on the proposed project. .. ' ~ ~ y pP ~ ,prior to~ pMy signature below certifies the following: I have reviewed the project plans; 1 i~nr~erctand the ccnnP of wnrk; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary: ~ ~ ~ ~ • . • Neighbor Name: Neighbor Address: Neighbor Phone Number: ~'~r~6 '-• ~~~` ~ ~(~ Signature: Printed: ~(~~p~~ . MAR21~ ~. 116 _ _ CITY OF SAS TOGA '"MUNITY.DEVELnuq~.-. _-- ~.,t~ T•~~ / .. - -City of Saratoga Neigbbo~r Notification Form vate:,3 -19 - D ~ - - PROJECT ADDRESS: ~ Jr" ~ ~` 12 / .. . n~ . APPlicant Name: N1 ~ ~ r~ ~~ ~ /-j-2 d-(' ~ -'vt ~ ~-. i• ~~.,~~ Application Number. ~ ""' ' " Staf~'and the Planning Commission prefer that neighbors take this opportunity to express airy-.concerns or issues they may have directly to the applican Please ensure the signature on the docrvnent is ' representative of all residents residing on yourProPerlY• 1 ee8ardless of the opinion expressed below, you reserve the. right to amend your opinion at a later date during the actuarpublic review and appeal P~~ ~ - ~Niy signature below certifies the following. I have reviewed the: T „t,d~,_ ~_ t~ ~~,,,P ~ f PrnJ~ Plans; ~ and I do NOT Lave any concerns or issues which need to 6e address by the applicant prior to . the City's public hearing on the proposed project, - - ~ .. . pMy signature below certifies the following. I have reviewed the project plank i ~mderctanri t1N• cr•~nP of ~ and Ihave-issues or concerns, wLich after. discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): ' Neighbor Name: ~~ L ~'lt! ~ ~ ~~ 1 J Ne{~~ ~ fires ~ ~ ~~ ~~. ~,~. ~s Neighbor Phone Number: _ ~~ ~ ~b~ ~ ~ ~ . - . ~ ~~~ D~~ i ture• Printed: MAR 2 ~ 200 // ci 6 [/ . '~~~~,~,~~ DF~~ EGA . nna„__ • Date: ~ - i ~ - Q • -City of Saratoga Neighbor Notification Form PROJECT ADDRESS: l 53 9`~. ~e~~,=~~~ Applicant Name: 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 signahtre on th~,s document is ' representative of all residents residing on y~ pmp~y 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, Iunde,:c and th S~~„e of 33fn*~ and I do NOT Lave any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed proje~, • • . pMy signature below certifies the following. I have reviewed the protect plans; ).Understand tl,P cr,'nP of S~S]t)t; and I have issues or concerns, which. after discussion with the applicant, have not been addressed. My concerns are the fallowing (please attach additional sheets if necessary): Neighbor Name: ~ 8 ~T L, 1J ~ t-E P ~`rR t C (~A S~ lj ~ LF Neighbor Address: (~ S4 1 ~ ~ ~-~Cf~ /-j 1 L_~ R~Ar~ • ~ S~I'~?-~ G-r~ Neighbor Phone Number. `7 D ~ S b 7 - (p (p j `7 U Si tur Printed: g~~0- ~qR ~ ~. 2 1 206 crTyoF ~~~~~/T Y~E~ T pCA.. G~ Attachm • • 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 12th day of une 2006, that I deposited 27 notices 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: 517-22-100 -15397 Peach Hill; that on said day there was regular communication by United States Mail to the addresses shown above. 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 28tH day of June 2006, at 7:00 p.m. Located in the City Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT LOCATION: 15397 PEACH HILL APN: 517-22-100; AMINI, property owner APPLICATION: #06-276 The applicant requests Design Review Approval to remodel atwo-story, single- family residence, which may result in the demolition of over 50% of existing walls, and to construct an addition to the first and second story of the existing home. The total floor area of the proposed. residence will be 5,595 square-feet. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 53,162.5 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 maybe limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, June 19, 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. Deborah Ungo-McCormick, AICP Contract Planner 408-868-1232 • • ' ~.- - $ \ - • ~ ;; ~ • ~ 3 i Subject: 15397 Peach Hill ~ ~ +:;;;~ ~r.';6c ,;a APN: 517-22-100 ,r'~ # ='" ~,'~ ~~ ~ = • rid JA ~ ; ~~i 500' Radius ~ ~„~ ado u • .~: , , : ~ A~ +. • rf)f S p~ ~ , , , ` S+ T rw~r ~ 111 ri ~r ~ f s ' ~ : .` 'k1~ ~f4~` is ~ R/j +~ d. A;s1r~-~~~ /1 N 71 9 ~f 1 rA • ~ i qtr _ ~ •tt• .=t~f`, ;~ 'i' ,, i ~ ~eO rf~= i ~,V e~+~ : ~~ 1ri~y cf i i _ ,+ '~ i q~f-•~ _ •~' • L ~r^ ( '4, r / ~ ~`± ' M ~ / .r/ . ~~ r 1 ~• f / \i 1 X36':- -- ' a ~ // 1 r"~ia: ~ si • to ~ ~ /~e'% ~ f //'/ .. / ~a i4 ` i ~~ 111. ~ \~~_•% \~ y ~ ~ ' ~; •a ~ ,~ f ~ .~ o > `4~ i 1 ~$ ~ ~ ~ ~ri~ `1\~q ~ _ ~~~ '1~ ; ~r~ ~ . ~\~ ~``+ ~ ~ ~~fin i ~ ~ ~ Y - b ~ =^3 n-~ -,rf i M f t - -3 Q ; ~ ~ ~ ~';; :- ~~ ~ • ~ NS ~ ~P i '~~.i ~.f~ /~L\ Z a ~ti -\T1 1 ,~• i~ June 12, 2006 500' Ownership Listing Prepared for: 517-22-100 M & A AMINI-RAD 15397 PEACH HII,L RD SARATOGA CA 95070-6402 517-22-020 JAMES S & PATRICIA RYLEY OR CURRENT RESIDENT 15401 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-040 G & MARILYN SMITH OR CURRENT RESIDENT 15472 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-060 HERBERT C & HELEN BERQUIST OR CURRENT RESIDENT . 15240 MADRONE HILL RD SARATOGA CA 95070-6403 517-22-071 517-22-072 BIRK S MC LANDLESS 3945 FREEDOM CIR 1000 SANTA CLARA CA 95054-1274 517-22-078 JOHN & CAROL GIANNANDREA OR CURRENT RESIDENT 15363 PEACH HILL RD SARATOGA CA 95070-6402 517-22-084 ROBERT M & JULIE RINEHART OR CURRENT RESIDENT 15230 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-091 KATHLEEN MCGUIRE-CHAIDES OR CURRENT RESIDENT 15305 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-100 M & A AMINI-RAD OR CURRENT RESIDENT 15397 PEACH HILL RD SARATOGA CA 95070-6402 517-22-021 YI-JANG ROAN OR CURRENT RESIDENT 15461 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-041 GARY E & LANAYA DIX OR CURRENT RESIDENT 15404 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-068 CHARLES J & ROMONA BROOKS OR CURRENT RESIDENT 15355 PEACH HILL RD $ARATOGA CA 95070-6402 517-22-073 TONY MASSIE OR CURRENT RESIDENT 15301 PEACH HILL RD SARATOGA CA 95070-6402 517-22-079 FREDERICK S & SHARON ANDRES OR CURRENT RESIDENT 15255 PEACH HILL RD SARATOGA CA 95070-6469 517-22-087 ROBERT L & PATRICIA DALE OR CURRENT RESIDENT 15419 PEACH HILL RD SARATOGA CA 95070-6402 517-22-092 CHRISTINE CHIDLOW PO BOX 3096 SARATOGA CA 95070-1096 517-22-112 DAVID J & TERESA CAREY OR CURRENT RESIDENT 15320 PEACH HILL RD SARATOGA CA 95070-6448 ;7 517-22-024 RAYMOND A & LEE MARTINO 11 MARTINGALE CT EAST SETAUKET NY 11733-1119 517-22-055 HORINE FAMILY TRUST OR CURRENT RESIDENT 15250 PEACH HILL RD SARATOGA CA 95070-6448 517-22-070 SARITA K JOHNSON OR CURRENT RESIDENT 15277 PEACH HILL RD SARATOGA CA 95070-6469 517-22-074 DARRELL E & ANGELIN DUKES OR CURRENT RESIDENT 15329 PEACH HILL RD SARATOGA CA 95070-6402 517-22-083 WM & SARAH WALKER OR CURRENT RESIDENT 15315 MADRONE HILL RD SARATOGA CA 95070-6401 517-22-088 WILLIAM J & BARBARA ELFVING OR CURRENT RESIDENT 15451 PEACH HILL RD SARATOGA CA 95070-6402 517-22-099 THOMAS C & JUDITH LAVEY OR CURRENT RESIDENT 15375 PEACH HILL RD SARATOGA CA 95070-6402 517-22-121 TERESA R & DAVID CAREY 15320 PEACH HILL RD SARATOGA CA 95070-6448 517-22-122 CLYDE R WALLIN CURRENT RESIDENT 88 PEACH HILL RD ARATOGA CA 95070-6448 517-38-001 517-38-002 W L PELIO 14573 BIG BASIN WAY SARATOGA CA 95070-6801 CITY OF SARATOGA ATTN: DEBORAH LINGO-MCCORMICK 13777 FRUITVALE AVENUE SARATOGA CA 95070 • 4 • ~~! `tif {i.~i 6 i ~' ~~ ~~'~ ~' (~ ~Fi 3t, ~ii{_ ~ k £ _. ~.__ I (i, _ i. y i~ # r ~~ ~'. _- i ~ f a S is i f i i ? f7t_ ( t _ {` ` t. • ~ Y ~~ 1~7 ,~ ~. ` ~ e ~: *~ ~_ t= , .- ~ ~¢#_.. 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P ~ a >•_APN: 3 ~ ; rr {\ 4 66-43-0i1 \ So ~ _j : - SOON Radin ~ ,-~~ ~~\~se .F. e: -- ` 4 PROSPECT '. e T ~ ~ ~ o w IN Y i6 I ~..`y a ~~ ~ D R. o~, c . ~ e _ a a /~•.,_.~ ~ t x r ~ F _ ¢ G ~ ~ ''r~ JY ` r ~p F _~ e, .er,~~~ _ o ~ ~ ~ ~~ F.. i ~A .~a° la - ` n+ '' wig ~ tea- .~4~ ~~ ~__~ L ~__ r ~ -` r ~ ' \ I~ - ~ ~ S i1 V R`"t D I ~ w l~ r 9 • ~ ~rosa~s~1c•`-1~•_ ~ ~, ` ~ _ ~ a ~\ ni \ W 12132 Parker Ranch Road Application No. 06-137; 12132 Parker Ranch Road EXECUTIVE SUMMARY CASE HISTORY: Application filed: 10/11/OS Notice published: 06/14/06 Application complete: 06/06/06 Mailing completed: 06/12/06 Posting completed: 06/22/06 PROJECT DESCRIPTION: The applicant requests sign approval to construct a brick and stone veneer freestanding subdivision identification sign at one of the entrances to the Parker Ranch subdivision. This sign will be the fourth and final in a series of identical signs at entrances to the subdivision. The sign is approximately 23 square feet in area and 4 feet 4 inches in height. "PARKER RANCH" will be spelled out in 8-inch tall brass letters. The sign will be located on the northwest corner of Burnett Drive and Farr-Ranch, outside of the fifty-foot sight triangle. The lot is zoned HR. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the application for sign approval with required findings and conditions by adopting the attached Resolution. C7 • Application No. 06-137; 12132 Parker Ranch Road PROJECT DESCRIPTION: Background: There are currently two freestanding identification-signs for the Parker Ranch subdivision. One is a brick and stone veneer structure, located at 12906 Chiquita Court near Comer Drive, and the other is an older wood sign at the corner of Parker Ranch Road and Prospect Road, near Saratoga-Sunnyvale Road. In February 2006, the Planning Commission approved two new Parker Ranch subdivision signs: one is a replacement sign for the aforementioned Parker Ranch/Prospect Road intersection and the other is to be located at the other end of Parker Ranch Road, where it meets Prospect Road near. the Saratoga Country Club. This current application is for the fourth and final sign for the subdivision. The signs that were approved in February and the current proposed sign will all be identical to the brick and stone veneer sign on Chiquita Court (Attachment 3). Project Analysis: The project site is located at the northwest corner of Burnett Drive and Farr-Ranch Road. On June 5, 2006, a grant deed was submitted for recording with the Santa. Clara County Recorders Office. This deed dedicates an easement on the site to the Parker Ranch Homeowners Association for the purpose of installing and maintaining a subdivision entrance sign and related landscaping improvements (Attachment 4). As the existing easement is already landscaped, no new landscaping is proposed at -this time. The Homeowners Association will maintain the landscaping and weed control around the proposed sign within the easement. The proposed freestanding sign will be constructed of brick (foundation, cap, and columns) surrounding a stone facade. "PARKER RANCH" will be spelled out in 8-inch tall brass letters. The sign will be approximately 4 feet 4 inches in height, well below the ten-foot height allowed for freestanding signs. Because it is located near ari intersection, it has been set back from the corner, placing it outside of the 50-foot triangle of visibility in order to prevent any visual obstruction (Attachment 5). Although all neighbors within 500 feet of the parcel were notified about the project, Staff has not received any comments at the time of writing this staff report. The applicant submitted notification forms from three neighbors, none of whom had concerns (Attachment 6). Staff finds the proposed sign to be compatible with the existing rural character of the neighborhood and does not feel that it will adversely affect the quality of the residential area. The sign conforms to all of the standards and requirements of Article 15-3D of the City code. Application No. 06-137; 12132 Parker Ranch Road STAFF RECOMMENDATION Staff recommends that the Planning Commission approve the application for Sign permit with required findings and conditions by adopting the attached Resolution. ATTACFIMENTS: 1. Resolution of Approval with conditions. 2. Affidavit of Mailing Notices, Public Heazing Notice, Mailing labels for project notification. 3. Photos showing existing site and proposed sign. 4. Grant deed easement to Homeowners Association. 5. Location of sign outside 50-foot triangle of visibility. 6. Letters from neighbors. 7. Resolutions S-92-002, 06-118, and 06-119 approving identical signs in Pazker Ranch Subdivision. 8. Reduced Plans, Exhibit "A." • • • • Attachment 1 APPROVAL OF RESOLUTION NO. Application No. 06-137 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA The Parker Ranch Homeowners Association; 12132 Parker Ranch Road WHEREAS, the City of Saratoga Planning Commission -has received an application -for sign permit approval to construct a brick and stone veneer freestanding subdivision sign adjacent to one of the entrances to the Parker Ranch subdivision and located at 12132 Parker Ranch Road; 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 proposed project consisting of the construction of a new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (e) of the Public Resources Code (CEQA). This exemption allows for the construction and location of limited numbers of new, small facilities or structures, including accessory (appurtenant) structures; and WHEREAS, the applicant has met the burden of proof required to support said application for Sign Permit Approval, and the following findings have been determined: The sign complies with the regulation of Article 15-30 of the Municipal Code and the regulations of the district in which it is located in that the sign height is 4 foot 4 inches where 10 feet is permitted, the sign area is 23 square feet where 24 square feet is allowed, and the lettering is 8 inches where 18 inches is allowed. The natural materials are compatible with the neighborhood, and the placement of a permanent subdivision sign is permitted within the HR zone. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for sign approval has been approved and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The sign shall be located and constructed as shown on Exhibit "A", incorporated by reference. The letters will be 8 inches tall. 2. The height of the structure shall not exceed 4 feet 4 inches, excluding the uprights. 3. The total sign area shall not exceed 24 square feet. 4. The sign will be located outside of the fifty-foot triangle of visibility. 5. The Parker Ranch Homeowners Association will be responsible for maintaining the subdivision sign and landscaping within the area of the dedicated easement per the grant deed that was submitted to the Santa Clara County Recorder on June 5, 2006 by John Heindel. 6. The Parker Ranch Homeowners Association will provide a copy of the recorded sign easement. 7. All future landscaping shall be native and drought tolerant species in conformance with the City's xeriscape standards. 8. Existing native trees, shrubs, and ground cover shall be retained-and incorporated into any future landscape plans to the maximum extent possible. CITY ATTORNEY 9. 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 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 AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 28th day of June 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers Chair, Planning Commission ATTEST: John 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 • a 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 12th day of une , 2006, that I deposited 33 notices 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: 366-43-O11 - 12132 Parker Ranch Road; that on said day there was regular communication by United States Mail to the addresses shown above. d Denise 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 28t~ day of June 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: #06-137 -12132 Parker Ranch Road APPLICANT: The Parker Ranch Homeowners Association APN: 366-43-011 DESCRIPTION: The applicant requests Design Review Approval to construct a stone and brick monument sign identifying a subdivision. The total area of the sign is approximately 23 square feet and the height is 4 ft. 4 inches. The sign will be identical to the Parker Ranch subdivision sign located on Comer Drive near Diamond Oaks Court. 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, June 19, 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. Suzanne Thomas Assistant Planner 408-868-1212 June 12, 2006 500' Ownership Listing Prepared for: 366-43-011 Parker Ranch Homeowners Asoc 12132 PARKER RANCH RD SARATOGA CA 95070-6535 366-OS-023 MUU VU OR CURRENT RESIDENT '. ? 995 BEAUCHAMPS LN :>.ARATOGA CA 95070-6515 ~. ~66-OS-026 JAMES C & CHIHHAN YEN PO BOX 2018 CUPERTINO CA 95015-2018 366-OS-029 LAWRENCE C & MARY TAN OR CURRENT RESIDENT 20935 BOWHILL CT SARATOGA CA 95070-6522 366-OS-076 ~ENXIN XIA OR CURRENT RESIDENT 1?050 BEAUCHAMPS LN ~rCRATOGA CA 95070-6514 .zv6-21-014 tiLENN R & PAULA WIENKOOP JR CURRENT RESIDENT 21178 MARIA LN SARATOGA CA 95070-6532 366-43-001 KORNBLUM & FRIEDMAN OR CURRENT RESIDENT 12045 PARKER RANCH RD SARATOGA CA 95070-6534 366-43-008 tiOBUKO CLARK ;.~P, CURRENT RESIDENT ~yI89 PARKER RANCH RD '=`.;!~~2ATOGA CA 95070-6536 Zr,F-43-012 ALAN WILLIAMS ~R CURRENT RESIDENT 12218 FARR RANCH RD 3ARATOGA CA 95070-6528 366-OS-024 SITYAM C & NILIMA DAS OR CURRENT RESIDENT 12023 BEAUCHAMPS LN SARATOGA CA 95070-6515 366-OS-027 DOUGLAS R & KELLY LIPTON OR CURRENT RESIDENT 20910 BURNETT DR SARATOGA CA 95070-6523 366-OS-030 ABEL S & CHRISTINA LO OR CURRENT RESIDENT 20963 BOWHILL CT SARATOGA CA 95070-6522 366-OS-077 MICHAEL A NICHOLS OR CURRENT RESIDENT 12022 BEAUCHAMPS LN SARATOGA CA 95070-6514 366-OS-025 TUAN & NATALIE NGUYEN OR CURRENT RESIDENT 12051 BEAUCHAMPS LN SARATOGA CA 95070-6515 366-OS-028 ANTHONY J & TRACY SCARPA OR CURRENT RESIDENT 20907 BOWHILL CT SARATOGA CA 95070-6522 366-OS-031 STEPHEN & MARI CLAPP OR CURRENT RESIDENT 20960 BOWHILL CT SARATOGA CA 95070-6522 366-09-038, 39, 40, 41 SCVWD 84 W Santa Clara $t 460 San Jose CA 95113 366-21-015 366-21-016 BOB & KATERINA VLAHOPOULIOTIS RICHARD J & MAUREEN KOELTL 14034 PALOMINO WAY OR CURRENT RESIDENT SARATOGA CA 95070-5301 21150 MARIA LN SARATOGA CA 95070-6532 366-43-006 PAMELA M EAST OR CURRENT RESIDENT 12147 PARKER RANCH RD SARATOGA CA 95070-6536 366-43-007 TSUNG-CHING WU OR CURRENT RESIDENT 12161 PARKER RANCH RD SARATOGA CA 95070-6536 366-43-010 HONG CHEN OR CURRENT RESIDENT 12156 PARKER RANCH RD SARATOGA CA 95070-6535 366-43-013 JAVED S & SHAHEENA KHAN OR CURRENT RESIDENT 12168 FARR RANCH RD SARATOGA CA 95070-6552 366-43-011 ROMANO & ZLATKA DURINI OR CURRENT RESIDENT . 12132 PARKER RANCH RD SARATOGA CA 95070-6535 366-43-014 HANS PIESKER OR CURRENT RESIDENT 12148 FARR RANCH RD SARATOGA CA 95070-6552 • • 366-43-018 `GROVER C & BETTY SINSLEY OR CURRENT RESIDENT PARKER RANCH RD TOGA CA 95070-6533 ;fib-43-021 ?ASAN KAMIL ~~%Y82 PARKER RANCH RD :;ARATOGA CA 95070-6535 366-48-004 JOHN D & LYNN EDWARDS OR CURRENT RESIDENT 12217 VISTA ARROYO CT SARATOGA CA 95070-6547 ~:'~ ,: 366-43-019 LESLEY L DUNKELBERGER OR CURRENT RESIDENT 12057 PARKER RANCH RD SARATOGA CA 95070-6534 366-44-001 PARKER RANCH HOMEOWNERS ASSOC PO BOX 3077 SARATOGA CA 95070-1077 366-48-011 YIHONG GONG OR CURRENT RESIDENT 12206 VISTA ARROYO CT SARATOGA CA 95070-6547. 366-43-020 RICHARD & DONNA WILLS OR CURRENT RESIDENT 12091 PARKER RANCH RD SARATOGA CA 95070-6534 366-44-004 JOHN WONG OR CURRENT RESIDENT 12264 FARR RANCH RD SARATOGA CA 95070-6528 City of Saratoga Attn: Suzanne Thomas 13777 Fruitvale Avenue SARATOGA CA 95070 • • Attachment 3 • • • • TWO ANGLES OF PROPOSED LOCATION (Stakes are circled) NEW SIGN ~. -• • ,. RECORDING REpUESTEO:OY . OFOER+Y 366-3 U l h'. \NNEN RECORDED MAIL TO; f - ... .. Name . Tie ~ark~r Rant;l~ Homeowners ~~ - ~~ .. `Association . . ~• . P. O. Box 3077 , zp Saratoga, CA 95070=1077 4 ... 'J 6PACE ABOVE.ThNS uWEt-OF RECOf1oEA'8 t76E. Gra n# Deed ' The ~~tders~ted`gra:~tor(s). deciare f5y. Bacniae~rtar~'trans€ei• tax is: ~ _. ._._.:._ }~d:or.~ tali value of property conveyed, or (.,. ):cot~puted-on ft~Tl.'valueiess vatneof Iier~s aad encutabrances remaining at tfineofsale~. { ) Uantzot~tsi~ted area `( ) Citq af_..__....._._...._...._..:_.._..._..~._.._...._...._....__.....~...:............._..:_..... )~ Resfty n~ so1d.- :. R A ~ALL~AI~LE CE~r'SIDEiiATION, receipt of which is hereby acknowledged, . .: ~~m~ai~. a~c~=~~#ka Dtirin Trust . ~ -T~e der ~a~ic~ Hflmebwners Association; a nonprofit mutual benefit corporatton orgaaized :. ~ er`~e i~Ivt€pro~t ~~tual Benefit Corporation Law, . . prt'tXt~ ,, :.: . ,~f Sarga, Sang Clara County, California,. as described`in See Exhibit "A" attached ... -. hereto:aad;<nade a'~azt hereof. . Tax st"ste~eds to P: (?:Box 30fi7 Sarato a CA 95070-1077 ~ ~. ~~ =(3cter 13 2005_. _. - - ~. ., ,i -. ,. .. r- .. _ . ~..~ ,~; - . .. ~~.~~ ~ C~1~OR- n , Zlatka Durint; "Tru3~e :[.t n o ;: 7 ~~_ before me, the ': uattetsi~ned,. a i~xo#$ry Public itr nd for safd State, rsoaaUy ap ed . - o ~ ~~ . petso~nallY. o ~ me ~(ar.,`proved to me oa the basfs of . satisfactory esMe~e):~to be tht petsoa(s) whose name(s) is/ snbscrtbed to. the within 'iastrnmeacaad,soaledged to me that hdsh~execdted the same in ^uunoreado9tassunnasr~tl~tifHUfilf'. ~~}gntho3zedcapactty(ies),andthatby his/he he nze(s)oa. ~ - :. ,... !~ ! t~-eg~e~att'soa{s~:or~thecatitynponbehstii'ofwhichthepstsoa{s). ~~ ~.. CANDh7 B~IR - "aaKed,:esecittsdthetasLra~enL n~ , = COMM: N0. 1509504 R s : ~ NOTARY PUBLIC • CALIFORNIA S ~l#~S$ $ati tatsdat. t ~ . ; SANTA CLARI4.COUNTY ~. .. ~, COtAAi. EXPIRES AUGUST 24,-2008 = - . l.~aenneenna9aeseseReguesssannennttl . piavte. ' . . . .: os printed) , • (T'hic.arra forotticfal aofailaisealy ,. .. ~e+v~... .-.. ., ... MAIL TAX STATEMENTS AS`DIRECTED`:ABOVE ~- ~ - i ~ ~ ~ - - _ y - - [ - ~ - - _ .- - '~ - - ~ - - _.... <EXHiBiT "A" .. DESCRIPTION OF SIGN AND iJANDSCAPiNG EASEMEi~T ... ,.. ~ ~ An` easement for purposes of installing and maintaining a subdivision entrance sign and related landscaping improvements; described. as follows: $ECrINI~TING at'tlte intersection of the respective cenferlines of Burnett Dnve'and parr R-a~Eh.Rc~ad, as shown on the Map; of Tract No. 652b•(The Pazker:Ratxch~, ftl~ fflr record `. on.A,ugust:~3 :1979; in Book 448 of Maps at:pages 25 through ~7.Santa=Claza~Gc~tutty Records; Thehce frvrn-said POINT OF BEGINNING-northwesterly along said. cEnter~e bf Burnett° ° ~ f t• 4 0 West 3.8.51 ee . - ~ Dnae North 63 1 3 '; 'l"henceaeavmg aid centerline at right anglES South 26 ° 45'.30" West 25 OU feet to a po~nt~ at `tle end of a curve on the boundary of Lot 17 as shown on said map, said paint being the 'flZfi~"E ~'OINT OF BEGINNING of this description; ,::' Thence;northwesterly along said boundary North 63° l4' 30" West 8.00 feet; .:• Thence lea~g':sand boundary at right angles South 26 ° 45' 30":West 9=00 feet; ::.Thence South 2 ° 11' 00" East 19.46 feet; . - Thence South:88° la' 00" East 17.13 feet to a-point at-the end of a curve on the boundary~of . sa~d~ Lot ~ 7y .. .. Thence-northerly along. said boundary an a curve to the left;:whose radius poini beats Nt~rth 7~~=~'~T ~~}~' West 20;00 feet,-through-a central angle of.8l° 06'.56", an~ arc. le~gtk~ of ~$ 31 f~;;;to ;the 'I'RL~ POINT OF. BECrTNNIhtG. ~ . . _ ~. r . • • Attachment 5 ., ~. • ,, FACE OF CURB PROPERTY LINE ' NO FFJ~CES. SHRUBS. OR OTt1ER SUAL OBSTROC770NS EXCEEDBaG' FEET' IN }iE1GHT 1N.THIS P+REA. ~. Stan with a triangle having sides fifty fief in length front o street intersection, as ntcasured front intersecting curb litaes or intersecting edges of the sired pavenunt velure no curb esim. It shop not exceed three fief in height about thr~ establishtd grade of the adjoining surd. ~. -v 70 Crl ~0 -~ •C r A STREET CORNER SIGHT DISTANCE ON m f7 rn O. n C W~ • l~ P~ 3~G - ~ 3 -o ? 1 2 t3 Z P~/ZK~J~ l~ANG~ R~ I"= lo` ~Rooa~~Q / s i~~r ~ ~ 1 - ~ ~. ~ ~ F~~~ ~ a~ ~ ~'~ ~` 3 ~ +~ ~i Soy ~~f • Attachment 6 • ` ~ City of Saratoga N~igLbor Notification Form Data: June 1 , 2006 PRO wDDRESS:_~Parker Ranch Road Appli antNamc: Parker Ranch ' Appli lion Number. Staff red the Planr+ing iroraa+ission prefer that neighbors rake this opportunity to express any concerns or is es they may Rave directly to tie applicatt, Please wwe the sigrlaturt on thi.+ docunteat is rcpt errtattve of oll rvide~+ts rrsidiirg on your propcMy. Regardlvs of the opurion expressed brluw, yon ras the sight to a~nradyour opi>i~oa at a late. date during tha actual public review artd appeal peri See ha~e Lel~w ^ y i~nature below certifies the fo~lowitlg: I have reviewed the project plans; Lt~~~~*~ ~~~ tt,~ een~r of and Y dd NOT ibave nay coae~rns or issues which aced to ~be address by the applicant prior to the ty'a public hearing on the proposed project ' ~~VIy 'gaature below cartifies the following. i have reviewed the project pLns;1 nndrr ~*~~ ~ ecnJ~~, cad T dsva isauae er ceneva~, w~hieh RffRr diaeuuieh with the applicant, Gave not been addr ssed. My conoems are the following (please attach additional sheets if necessary): V Nube: Grover and Betty Sinsley Address: 12048 Parker Ranch Road Saratoga,.CA 95070 Phone Number: 4 0 8 2 5 5 -19 0 0 Printed: .S' rg /~2 CCH. CF ~"hf IjG3~ (iVGf 7 /. S/~ o h o~ h O Moir ce ri, r ~ ~p~4p~ 5'' T~ ~""' 6' of 6 6/ i y/or~ Datc: Ci off' Saratoga rY N~igLbor Notif cation Form 2006 ADDRESS: 12132 Parker Ra Namc: Parker Ranch ' Appli lion Number. Stuff nd the Planning Commission prefer that neighbors talcs this opportunity to express any concerns or iss es :hey may hive directly to the applicant. Please ensure the signature on this document is repr entarive of all residents residing on your property. Regardless of the opinion expresseJ below, you rese the right to amend your opi>lion at a later date during the actual public review and appeal pore ~~ (/tr~~~ t°e,:4e-. 5.7~~-~~, ./ C{~ccl~ed ~ S-F~fR ., e• jhr~r~c~--icar ~/iy/oj ~rivly i¢nan:re below c~rtifies the fo~lowing: I have reviewed the project plans; Iu~-+dp*S and t~,e eenT ~tnr]c, and Y do NOT have any concerns or issues which need to ~be address by the applicant prior to the ty's public hearing on the proposed project pMy ignatute below certifies the fo~lowiAg: I have reviewed the project plans; and i 6ava issuoe or cooeera=, whieb after dixcucsien with the applicant, have not been addr ssed. My concerns are the following (please attach additional sheets if necessary): • Neig borName• Hans and Ur;sul a Pei sker Nei bor Address: 12148 Farr Ranch Road Saratoga, CA 95070 Nei bor Phone Number: 4 0 8 7 41 -15 5 2 n~ -/':~ Printed: (,~ ~ /`+ u ~~ ~ H~Ns ~"r sK~~ 6of6 City of Saratoga N~igLbor Notification Form Dote: J u n e 1. 2 0 0 6 ,~D~g; 12!32 Parker- Ranch ~oarL- i antNamc: Parker Ranch ' Appli tioa Number: d'ta, fj ltd the Planning ~on,~rissioa pnjer that neighbors taEe this oppoKunity to upress airy conce~.t or iss es they troy have directly to t1~e applicant. Please wore the tignaturt on this document is rtpr entativt oja11 rvide,lts residi~rg on yaurproputy. Regardless ojthe opi>liot+ expresseJ brluw, you res the sight ro arne>adyour opia!1oo at a fate. date during thr achralpublie ra+-iew aRd appeal periu s ~Vly i~nature below certifies the following: I have reviewed tl5e project plans; 7 tt.+d~nre>,d t1,e ecnpr of 3ecnr]c, and Y do NOT Gave soy congas ar issue: which need to ~be ttddresa by the applicant prior to the ty's public bearing on the prop~~sed project ' OMy 'gnatwce below certifies the following. I have rcviea+ed the project plans; T nndrrctA~r1 tttr ccnn . of nrid t 6sva ieauaa er eeeeva~, which Rftor diaeu~sien ~vitb the applicant, have sot been addr ssed. My conoerns an the following (please attach additional sheets if necessary): Neig borName: Romano and; Z1 atka Duri ni Nei bor Address: 12132 Parker Ranch- Road Saratoga,~.~CA 95070 Nei bor Phone Number. 4 0 8 9 9 6 -12 5 0 . _ _. Si --~~`_. ''~ Printed: -_ _, ----- • ` ~fa~t Qi2o JL~~/~/ . 6 of 6 r~ Attachment 7 • i ~.. - _ .. M - ~•~'~... ... ..... .. ...... -r.. n..~.n...w..•f•.~!T-rt!!iYf~14~+~:'. .. .+w..~....... . . .:i `~. ~ .': iE:f r .. ~ REozvTSOx xo:. e-l2-o02 . - ~:~ • ' ~ CITY ~ 0l,~i~8llRAT0071~~ BLI~IdIN3 CONHI88I0I~i .. . ~~~~'--:~.5~.8T]1TE.~0l:~ CIILIFORNI71 ~~"+' A08L E 8 1 .;'~:52906'.CBIQIIITJI COORT q ~,g :~ . , RHEREAB, the. City~:ol~;Saratoga Plann.ing~ Commission has received an application ~ for.::"sign:'permit-~~approval to replace -the existing ' wood, lree-standing~~Parker~Ranch~subdivision entrance sign with a new brick acid stone.vaneer.tree-standing.entrance signs and 1P8ERZ718,. th~~~'Planninq~`;Commission held, a duly • noticed public • hearing at which tima~~-ail interested parties were given a~tull opportunity to be heard„and to present avidencei~and RHERE]18, the applicant •has met the burden of proof required to support said application,,and the fol:owinq findings have been determined: ~ ~ ~ ,~ The sign complies with the regulations of Article 15-30, of-the t i hi h it th di t ill b i i w n w c a ons of s c e r City Coda. and the regulat ' located in that the sign height is 4 ft. 4 ins. whets 10 it. is permitted, the sign area is 23 sq. !t. where 24 sq. :t. is allowed and .the lettering is 9. ins. where. ~18 ins. is allowed. The size, shape, color, illumination placement and materials of the sign era compatible with the visual characteristics of the neighborhood. The location and design o! the sign do not adversely affect the quality or character of the ~residenti~al area in which it is located. No11, TBEREFORB, the Planning Commission of the City o! Saratoga. does hereby resolve as follows:.- Sectioa i,, After careful consideration o! the site plan,-and architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Robl~s.tor sign approval be and the same is hereby granted subject to the: tollorrinq condit~ one: 1. The sign shall be located and constructed as shown on Exhibit "A",.incorporated by reference. 2. Prior to submittal for building permit or grading permit, a zone clearance shall be obtained from the Planning Department. . 3. Height of structure shall not exceed 4 ft. 4 inches. 4. Total sign area shall not exceed 24 sq. feet. 5. The Parker Ranch Homeowners association will be responsible . ~ (' • } s ,~r.•:.F s :: ~.:?•= N'; yfLj'r~ v3.'~L-Lf.i Yile xo. s-9s-oo2t is9os.chiquita~court:::~~ , for maintaining~tha'subdivision-:sign and any related landscap- ing improvements within~;.the`area;'of .the.dedicated easement per the grant deed recorded withtha:~~Santa~,Clara County Recorders ATM, ti h:,:.. •r,.^-: of f ice on Juna 19 ';1992;. ~~'~;~::=•~ ::,:'::-`:... . 6. All future landscaping"sball''~b4;nativa: and drought tolerant species in conlornance:kwith-`;ths"City's ~~xeriscapa standards. - ~. 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. "its connection with City~s defense o! its actions`•in`•any;proceeding brought in any Stets or Federal Court, challenging:th~.City!s action with respect to the appl scant ~ s pro j ect;~~; ~'~'~'~~ e. •Noncompliance with`any.of.the~conditions of this permit shall constitute a violation of..the permit: Because it is impossi- ble to estimate.damages•.tha City could incur due to~the ~, violation, liquidated damages of 5250.00 shall be payable. to this City per each day of the violation. ' 8ectioa 2: Applicant shall sign the agreement to these conditions .within 30 days of the passage of this resolution or said resolution shall be void. Section 9• Construction must be commenced within 24 months or approval will expire. ~. . 8ectioa 4. All applicable requirements of the State, County, City and other Governmental entities must be met. .Section S. The applicant shall affix a -copy of this to each set of construction plans which will be submftt Building Division when applying !or a building permit. sectioa 6. Unless appealed pursuant to tie requirements or Article 15-90 of the Saratoga City Code, this Resolu~cion shall become effective fifteen (15j days from the date of adoption. FA98ED AND ADOPTED by the-City of Saratoga Planning Commis- s~on, State of California, this 23rd day .of September~1992 by the following roll call vote: .-~ • ~ ,~~ .~ . • •i ~ ~' .4 .;; Y1 y r i~ ;fi - l • ~~Jxa..:l'~ r • ` :~~ I~FY ~L"t 1~. •~.• .'T V c~'~ a ... .. LYE i~ ~s,~~ - '`L ~S ~T ~ ~g~~h~ F31a No. 8~,9Z-002ta.1Z906:.Ch3quita .C;OUrt ~ . ;~~~;~,;;,::'{. ~.Commissicneza~Caldvel~l'''~~Bogos3an, .Moran, Aafour b Murakami J• - w.~> ` ~a NoESS None- ~ ~~,~-`~~ ~*Y~~ _: trt~i~'r'+~Y ::~ A88ED1'1'• ._ .,.y.. ;..:;~-=;y. __... eM :'•~y.'.c•G-.. ~:.... _. • Commssioners:~FaverQ b~ Forbear.. • .. ;:z'':: ~ ~ chaff er =';` . - •::'::~::_<<. rp,' , arming o iss on ~~~" i -, 71TTE8Ti~ ~ • -~.• ~•'Secretary,:: platusirig Commiss on The foregoing conditions.~sara'hereby'accepted. ~ ~ "~~~' •~: , Signature of Applicant:y:;. ~ Date i ~ .-~ ~ti ~ ~ _ • ~ ~ .. - ' ' i ~ ~, - c i ~ ,` . 3 i ~~ ~~U u~~ W~~ .~~ ~ _ ' u I j °ui ~! i~ l~ 1s' +. a Q~ ~-~ W F Z ~ ` ~ r u N ~ . a' ~~ ~ ~ ~ a .~ I '%.'f _ . .~ Q -pp /, .. ~, '.. ~.. ;. lr.. .i - •~, J u W~ ~~ ~ 0 tu! ~ N t ~ ~ UU W J 0 Q ~ N U ~z Ntl ~W i •' p'~C g,~J YU i • ~~ J 1~ u.tn I ~y 4' d :i IN W h ul J h Q ~ C ~ I J W N ~ \ Q J Q ~~ ~~ ~~i~ c~ a~~~#~~~i (1 M ~~~ a' ( v Z s~~~~~ ~.3 ~~ ~ m$~ • ~~~~~~~~~~a ~a o~~ ~..: _ ~:. ~ ~b ~6 w ~ ~ ~ V ~ ~ i rI; i tD w 0 R T ~ ~~ ~~~ ~~ J ~~~ U X u m Z ~~ J I °~ v W ~ 9 ] ~ I i ~ a V ~ ~. J ~ ag .~ J ~~ ~ } !~ I- .~ ~~ Y~ APPROVAL OF RESOLUTION NO.06-118 Application No. 06-138 CITY OF SARATOGA PLANI~TING COMMISSION STATE OF CALIFORNIA The Parker Ranch Homeowners Association; 12045 Parker Ranch Road WxExE~,S, the City of Saratoga Planning Commission has received an application for sign permit approval to construct a brick and stone veneer freestanding subdivision sign adjacent to one of the entrances to the Parker Ranch subdivision and located at 12045 Pazker Ranch Road; and WHEtzF~,S, 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 WxEItEAS, the proposed project consisting of the construction of a new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (e) of the Public Resources Code (CEQA). This exemption allows for the construction and location of limited numbers of new, small facilities or structures, including accessory (appurtenant) structures; and WHF~REAS, the applicant has met the burden of proof required to support said application for Sign Permit Approval, and the following findings have been determined: The sign complies with the regulation of Article 15-30 of the Municipal Code and the regulations of the district in which it is located in that the sign height is 4 foot 4 inches where 10 feet is permitted, the sign azea is 23 squaze feet where 24 squaze feet is allowed, and the lettering is 8 inches where 18 inches is allowed The natural materials aze compatible with the neighborhood, and the placement of a permanent subdivision sign is permitted within the HR zone Now, TxExEFOItE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After cazeful consideration of the site plan, azchitectural drawings, plans and other exhibits submitted in connection with this matter, the application for sign approval has been approved and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The sign shall be located and constructed as shown on Exhibit "A", incorporated by reference. The letters will be 8 inches tall. Z ' ht of the structure shall not- exceed 4 feet 4 inches excludin the u ri hts. 2. The heig g p g 3. The total sign azea shall not exceed 24 squaze feet. 4. The sign will be located outside of the fifty-foot triangle of visibility. S. The Parker Ranch Homeowners Association will be responsible for maintaining the subdivision sign within the area of the dedicated easement per the grant deed that was submitted to the Santa Clara County Recorders office on June 28, 2005 by John Heindel. 6. The Parker Ranch Homeowners Association will provide a copy of the recorded sign easement. 7. All future landscaping shall be native and drought tolerant species in conformance with the City's xeriscape standards. 8. Existing native trees, shrubs, and ground cover shall be retained and incorporated into any future landscape plans to the maximum extent possible. CirY Arroxx~ 9: Applicant agrees to hold City. harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. 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. 1 • PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 8`~ day of February 2006 by the following roll call vote: AYES: Chair Nagpal, Cappello, Hunter, Kundtz, Rodgers, Schallop NOES: ABSENT: Uhl ABSTAIN: Susie V. Nagpal Chair, Planning Commission ATTEST: F. Livingsto , 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. f~ - `d~-~ erry Owner or Authorized Agent ~ ~ 06 ate • • APPROVAL OF RESOLUTION N0.06-019 Application No. 06-139 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA The Parker Ranch Homeowners Association;12467 Pazker Ranch Road WHFRFI4S, the Ciry of Saratoga Planning Commission has received an application for sign permit approval to construct a brick and stone veneer freestanding subdivision sign adjacent to one of the entrances to the Pazker Ranch subdivision and located at 12467 Pazker Ranch Road; and WxEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heazd and to present evidence; and WHEREAS, the proposed project consisting of the construction of a new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (e) of the Public Resources Code (CEQA). This exemption allows for the construction and location of limited numbers of new, small facilities or structures, including accessory (appurtenant) structures; and WHEREAS, the applicant has met the burden of proof required to support said application for Sign Permit Approval, and the following findings have been determined: The sign complies with the regulation of Article 15-30 of the Municipal Code and the regulations of the district in which it is located in that the sign height is 4 foot 4 inches where 10 feet is permitted, the sign azea is 23 square. feet where 24 square feet is allowed, and the lettering is 8 inches where 18 inches is allowed The natural materials aze compatible with the neighborhood, and the placement of a permanent subdivision sign is permitted within the HR zone Now, TxEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, azchitectural drawings, plans and other exhibits submitted in connection with this matter, the application for sign approval has been approved and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT' 1. The sign shall be located and constructed as shown on Exhibit "A", incorporated by reference. The letters will be 8 inches tall. 2. The height of the structure shall not exceed 4 feet 4 inches, excluding the uprights. 3. The total sign azea shall not exceed 24 squaze feet. 4. The sign will be located outside of the fifty-foot triangle of visibility. 5. The Pazker Ranch Homeowners Association will be responsible for maintaining the subdivision sign and any related landscaping improvements within the area of the dedicated easement per the grant deed that was submitted to the Santa Clara County Recorders office on January 3, 2006 by John Heindel. . 6. The Parker Ranch Homeowners Association will provide a copy of the recorded sign easement. 7. All future landscaping shall be native and drought tolerant species in conformance with the City's xeriscape standazds. 8. Existing native trees, shrubs, and ground cover shall be retained and incorporated into any future landscape plans to the maximum extent possible. Cmt Arroiuv~ ~. 9. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. 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 AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 8`~ day of February 2006 by the following roll call vote: AYES: Chair Nagpal, Cappello, Hunter, Kundtz, Rodgers, Schallop NOES: ABSENT: Uhl ABSTAIN: Susie V. Nagpal Chair, Planning Commission ATTEST: 1 F. Livingst e, 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. ~. -~ _ (~ ~ ~6 operry Owner or Authorized Agent Da e • Attachment 8 • • • • • • • Item 4 • REPORT TO THE PLANNING COMMISSION • Applicant/Owner: City of Saratoga Staff Planner: John F. Livingstone AICP, Community Development Dir. Type of Application: Amendment to the Early Warning Alarm System (EWAS) Date: June 28, 2006 /, / APN: City Wide Department Head~T V John F. Livingstone, ~CP RECOMMENDED ACTIONS: Staff recommends that the Planning Commission approve the proposed recommendations and recommend adoption of the proposed ordinance to the City Council. STAFF REPORT: The Saratoga Fire District has been working with staff and the County Central Fire District since last fall to prepare a comprehensive update of the City and Fire District ordinances implementing the Early Warning Alarm System (EWAS) program. To reduce staff costs to the City, the District has taken the lead in evaluating how the system has been working and drafting code amendments to reflect current practices and better protect public safety. The District's proposed amendments are attached to this staff report together with a letter from the District's Counsel explaining the amendments in detail. This staff report briefly summarizes the proposed amendments and discusses the recommended process for formal consideration and adoption of the amendments. A representative of the District will be attending the Planning Commission meeting to provide additional information and to respond to questions from the Planning Commission. At the April 19~' 2006 City Council meeting, the Council reviewed the proposed amendments to the EWAS ordinance and recommended the proposed amendments be reviewed by the Planning Commission and brought back to the City Council for final review and approval. Proposed Ordinance Amendments The EWAS program has been in effect since 1984. In general terms, the City Code requires installation of a EWAS in all new homes and commercial structures in high fire hazard areas and in all new homes over 5,000 square feet and in certain remodeled structures. EWAS maybe required in community facilities and commercial structures according to a set of criteria applied by the Fire Chief. The specific operation of the City Code requirements is discussed in more detail in the attached letter from the District Counsel. The City Codes implementing the EWAS program have not been amended or updated in any significant way since 1984. The proposed amendments would amend the City Code to: • Set objective standards for determining when EWAS will be required in commercial structures and community facilities; • Require EWAS in connection with building permit approvals and not just in connection with discretionary decisions such as conditional use permits; • Remove outdated technical specifications and instead require compliance with new technical specifications set by the District as they now exist and may be updated by the District from time to time in the future; • Require the EWAS requirement to be recorded for new structures where EWAS is required in order to ensure that subsequent owners of the affected structure are aware of their obligation to maintain the EWAS in working condition; and • Offer District inspection of EWAS systems and District payment for repairs costing less than $100. Each of these changes is discussed in more detail in the District's letter included as Attachment A. The specific changes to the City Code are presented in Attachment B (in these attachments the existing code is shown in standard font, new text is underlined and text that would be deleted is shown in strikeout). The updated technical specifications adopted by the District are presented in Attachment C. Attachment D is the form of notice that would be recorded for properties with new EWAS systems. Attachment E shows the existing designation of hazardous fire areas referenced in the ordinance (these designations would not be changed by the ordinance). Procedure for Formal Adoption As shown in Attachment B, the EWAS requirement appears in the Subdivision, Zoning, and Building Regulation chapters of the City Code. State law requires that all amendments to the Zoning chapter be reviewed by the Planning Commission before Council action. To ensure that the Planning Commission has an understanding of the complete package of amendments to implement the EWAS updates, staff recommends that Planning Commission review the proposed changes to the Subdivision and Building Regulation chapters as well as the Zoning chapter. Following Planning Commission review, staff will conduct the appropriate noticing to schedule a 2 public hearing and allow the City Council to consider formal adoption of the EWAS updates in light of any recommendations offered by the Planning Commission. Environmental Determination: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15061(3). The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the city has had the existing ordinance in place for over 20 years and the update of the ordinance would not have any impact on the environment. ATTACHMENTS: Attachment A: Letter from Counsel to the Saratoga Fire District describing proposed EWAS Ordinance amendments. Attachment B: Proposed revisions to Saratoga City Code Sections 14-25.110,15-80.090, and 16-60. Attachment C: Saratoga Fire District EWAS Standards and Requirements Attachment D: Proposed Form of Notice of Fire Alarm System Attachment E: Map of fire Hazard Area referenced in ordinance Attachment F: Resolution recommending approval to the City Council • • 3 ATKI'ti'SO~ . FAR:~SY~, i~t.t~ AFi~RN~YS A.T A~J l~ ~i IARL' . J`~l:A~ HARCL'J 5. "GPR`__ $'sGvEN G. 3A~QL t;4.A~r''1. !'~'~i5 ~6Q'•^/EST [:ANA S'RE=" P.~. avx. X79 lvtO(lNTAIN VIES. CALIE~RN~A x4042 '_C~?~Ov_ {650; 957-594' ~A~;=r,~;_E 1650) 957-135 :ui April 10, 2000 Sar<ztog:a City- Council Saratoga City Hall 13 ; 77 Fruitvale Avenue Saratoga, C.~ 97070 R.o: Early ~i,'~irning Fire Alarm System. Arnettciniettts to Saratoga City Ctidc~ Dear Council Iti'lembe:rs: The Frady b~'arning Fire Alarm System (L~~'ASj wa;; first intplentented in 15381 through legislative action taken by both the City of Saratoga and. the Saratoga Fire Protection I.aistrict. 7'he Cite amended its 7aning and Subdivision Ordinances t.~.? specify thi: circurnsi.tincez under «hich installation of ];~~4':~.S would. he required a~ a condition fir' granting varitnas land development approvals. Tho technical spe.cificaiion4 fi7r the alarm system were set forth in detail in :~i-ticle 16-CO of the City':: l3z.iilding Regulations. Correpc>nding provisions were adopted by an ordinance enacted by the Fire District. Na significant amEndinents to the FVVAS legislation have been made by either ihc• City C)t' the Fire District since 1984. The original provisions arcs noK~ nl?sc?]et.e .in t;e.rrns of" technical requirements and no longer reflect the manner in. whic,.h i;hE~ >J~~'AS is nt?w operating. The Fire District is therefore requesting the City- to update thi: existing regulations by amending Section 14-27.1.10 of the Subdivi.si.on Ordin~ince, tiectic?n 15-80A90 of the Zoning Ordinance, and all of Chaptc?r 16-60 of r..lt.o Builrlin~ .}iugulatictns. 'Phc~ respc~etive stafl:5 of the City. the Saratoga Fire District, -and. the' Cr.?unty Central Fire: Protection District have been working on this mE~tter since august of last. year and t}tc: proposed amendments reflect. the comtricanGs and suggestions from all .a :agencies. Thr,• major changes that would lie acconrplish.ed by t.hE~se amendments are as fnllrn~-~: ~. Application of E~'V~S to Cotnni.ercia.l Structures and Community facilities: The proposed amentlrnent~ wau:ld exp:aud the. requirements for installation of the h;V4'AS in commercial structures and community facilities. Under the existing regulations, the system can bc: rc.ga.ti.red.. in the discretion of the Fire Chief, based upon a considet•ation of varioua factors that are mostly ;;ubje:etive in nature. Thi4 au~et?a'tainty ~rould be eliminated by a standard requirement for installation of the alarm system in any- of the follow•int: circumstances (all of which are the same rules applic~tblc to sint;Ie f'amilr dwellings): • Saratoga City C'.auneil April 1.0. '?006 Page 2 {a) Any neu~ commercial structure or cozn_nzunity f;~c;il.it:r located within a designated hazardous fire area; fb) Any existing commercial structure or eomznunity facilit}~ located wit:hizz a designated hazardous fire area which is expanded by more than 50~. in gross Hoar area: te) Any r~ecv commercial structure or community facility, «=lzerevc~z• located, having a gross Haar area in excess of 5,0()0 square feet: az• {d) Any existing commercial structure or community- facility, ti~~hE:rever lacate:d, which is expanded by mare than 50°o in grass floor. area and after such expansion will exceed "x,000 square feet in gross f1c,u.r area. In addition to the foregoing, the proposed amendments will also corz•i~i;t an existing gap in the application of the EWAS requirement. LT.nder the prcent..regulations, the EV~'AS is made a condition. of a specific land use approval, such as a tc~ntat.ive map, design review approval, use permit. or variance. However, t]iez•e is n.o clear authority to require installaiian of E1~%AS where only a building permit is needed for a substantial interior modification of a cozrznzercial structure oz• coznmunit.v facilit~~, even Though such modification may increase the risk of fire cfr hazard to the building occupants. The proposed amerzdznents wi11 allow the Fire Chief to requiz•e installation of the ER'~1S i.n an existin#,r commercial structure ar commun.ity facility which is remodeled car has a change of use where that structure either: (ij regardless of location. has a gross Hoar area in et.cess c>f• ;1,000 squaare feet, ar (ii) regardless of size, is located in a designated haz:ardour Piro area. The decision of the Fire Chief must. be based upon any one ar marc~ of the objective circumstances specified i.n the ordinance, namely: an increase in occupancy ]crid. by 5{)°.~ or more; new commercial. cooking operations; storage of hazardous materials for which a permit is required; ar principal use of the site involves ca.z-o o.r. suprz•vie:ion of occupants. Language has also been added to Section 16-410.010 in :~i°t:isle= l.t~-60 t;o require install::ition af• the E~ii<~S far both residential and commE~rc:.ial structures uncicr the same circumstances specified in the Subdivision and Zoning Orclin<ancc=: but wherE: onl~~ a building permit is needed for construction of the inzpravernents. B. Installation and 14TonitUring of EVVAS Article 16-60 of the Sarat.aga Building Regulations contains def;ailed technical requirements for inst~.zllrztian of the; EVUAS, includin; a description of the specific components to he used, the manner in which the: equipment shauid be installed, and connection of the al.arzn system to a zzuznitoz•ing statian maintained at t:he Saratoga fire station. Thcso requirements no longer reflect existi t,= conditions. Over the last `30- years, thr; Technology and equipznc>nt for fire alarm systems has substantially chan4*ed. ~loreaver, alarm signals are no longer sent t:a the Sarat.ogx fire statian but to a privately c~per~tecl monitoring station under contract with the .Fire .Iaistrict. Saratoga City Council April. 10, `?OU6 Page? The proposed alncndments to Al'ticle. l.6-taU Fill delete all of -the technical specifications fc)r installation of the 1V4~AS and instead require that. the system be installed in accordance with the standards and requirements established from time io time by resolution of the Board of Fire (~ommissivners. A final draft of t}.ie F~~'AS Standards and Requirements was approved by the Board on Ii~Zarch 16, 20U6 through the adoption of Resolution No. 306-01, and a cap~• has been provided to the City staff. The adv,intaige of this process is th:•~t the St~:tndards and Requirements can e<tsil}~ be updt~ted on a regular basic as the fire alarm technology improves. Poe example, we anticipate that future systems will be transmitting alarm signals through wireless deeces .inst.ead of telephone: lines. C. Recorded Notice of fire Alarm System Although installation of Lt~~+'AS has been made an express condition c)f' land use a.pprorals granted by the C:'ity, these approvals are not usualh~ recorded. Consequentl~•, there is nothing to give notice of the E~~=AS system to subsequent. o~~.ners of the property, other than the obligation. of the: t)xesent• owner tc> discloses the existence of the system tv :~ prc)spcsctive buyer (ti~.•hich often is not. done). 1.'he lire District has frequently had to educate property o~vllers vn-their obligation to maintain the i~a~VAS in good operatint; condition and pay the administrative fee charged by the District. • 'Th.is problem should be eliminated by a requirE~ment in the propc:~se:cl aulenclments trtat, a Notice of lire Alarm System be recorded prior to issuance of a. certificate c,f aecupancy or its equic=clout for any inlprvveu~enis for ~+~hich installation. cif' I;t~4':~S h~:~s been required. 'The Fire lli5trict has- assumed responsibility for recording this 1`TOtice and providing evidence of recordation to the City. The recorded Notice will appear on title reports and will serve to inform future owners that the I+~V~'~S has been i.l~st:~llc~d on thc• property and must be maintained in good repair and connected tv a ren~vte moniivring station specified by the Fire District. The \?otice will also il~fbrm the owner of the obligation to pat- the administrative fee to "the Fire District. ~1 cop} of the proposed form of 1Vvtice is included in your packet. 'f'he Notice of Fire :Harm System is intended as a disclosure t~) the property o~+ntr and not a lien on the property. In fact, the existence of the flee alarm svGt.e.m may actually f'acilit:xte insurance coverage for the property, especially if located ill a harardous fire area. Not:i.ces will not he recorded vn any properties that already have an Et?l'r1S svstenl unless the property owner voluntarily consents to the re~cordint; for engages in further clevelapment far which a pcrlnit or tlpprovrll from the City i9 needed). The District leas focanci that- some alarm vste-ns that: fail tc) test; call c~asi.ly be repaired but this repair is delayed because the property owner either does not attend. t.e} the l.nattf~r or is uncert.a_in as to ~vh.o should. he ca..lle:d to pE::ric~rm the repair ~4•ork_ The lire District has therefi)re adopted a policy (which is stated in the :tiot.ire) c)f conducting an initial inspection of a dcfeceive system at na cast to the prvpertyy owner and paylntr for any repfeirs that do not exeeed a cost of X100. This policy applies t:o both exi.sti.ng syst,elns and newly installed systems. • Sar~rtoga City Council April l6, '~t)O(~ Page 4 i On March ?6, X006, the Fire District. enacted OrdinancE~ 1-`'006 tc> t~dopt tl.re ~arnt: revisions to the E1~:~S program as contained in the proposed arnendrn.ent; to the Saratoga City Cocie. ~i~'e would request the City Council to move forward with. these amendments by first refc;rring the entire package to the Saratoga Planning Commission for re,~viE~~w and recommendation. Although. technically-, only the amendment to th.e Lonint; Ordinance requires action by the Planning Commissi.o.u, we agree with the Cite staff drat all of the arnendments should be presented to the Commission since they arc parr.. of an integrated program. The Fire District would he happy to provide any technical assistance t.hai. tnav he needed to facilitate the legislative process. t' ~~ u1.- yours; • ' ///' J / Harold S. Toppel District Counsel ce: Board of Firo Commissioners Ben Lopes Ken t'~'aldvogel Joe Parker Dirk Matterri Hal Netter '1'rina ~~tJhitley • C7 Attachment B • PROPOSED AMENDMENTS TO SECTION 14-25.110 SARATOGA SUBDIVISION ORDINANCE RE: EARLY WARNING FIRE ALARM SYSTEM §14-25.110 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazardous fue areas, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the non-availability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. ~) Because commercial buildings and community facilities are public atl~ iering places. the public health and safety risks of fire are particularly acute. Immediate warnin; of fire and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, inLury and property damage in these structures. (3~ The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (Fi7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fue alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. 'As a condition for tentative map annroval under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system t '~' a monitori.ne station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: - 1- Subdivision Code Amendments (1) All new single-family dwellings. commercial structures and conunmiity facilities a~°.~~g r~ra~a a„•~"~~~~° ^~~located within a designated hazardous fire area. (2) Any e~:isting single family dwell.inn, commercial struchire or com-rnmity facility which is exuanded by fifty nercent or more in gross floor area and is located within a designated hazardous fire area. (?3) All new single-family dwellings, commercial smctures and community facilities having a gross floor azea in excess of five thousand square feet. (~~ Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in n~ oss floor area which, after such expansion, will exceed five thousand square feet in gross floor area. (45) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, townhouses and nursing homes. (~6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in Paragraph (45) above, which is expanded by fifty percent or more in gross floor area. (c) Discretionary requirement for certain existine F.-commercial structures and community facilities. Where an existing corrunercial stricture or community facility is remodeled or the use thereof is chanced, and such commercial structure or commwiity~ facility either~i) has a gross floor area in excess of five thousand square feet, or (ii) retta~-dless of size is located within a designated hazardous fire area, `x"'°•• ^ ~~a w,, then the Chief of the Fire District having jurisdiction over the project_ ,'' a '' " "'':•:" ~" . '~.,'°+;, _°" '",."' ..,''~.. ~'':" may require the installation of an early warning fire alarm system in accordance with Article116-60 in Chapter 16 of this Code, and the connection of such system t 'a' a monitoring station in such mamier as may be specified by the Saratoga Fire District, „. '~ , If the requirement to install an alarms st~eni is imposed it shall be made a condition of tentative map annroval under this Chapter The determination by the fire chief shall be based upon any one or more of the fo.llowine considerations: s. - 2- Subdivision Code Amendments • • (d) An occupant load increase of fifty_percent or more. I~Tew commercial cookinc; operations. Hazardous materials storage for which a permit is required. The principal use involves the care or supervision of buildins~ occupants. Determination of gross floor area and fifty percent expansion. L,,.. ~w° ~ ~ „raw:., c°,..;,,.,: (1) As used in this Section. the term "conunercial struchre" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildines, and the term "communes facility" includes, but is not limited to. schools, theatres, churches, meeting halls and conference centers. (-f2) The determination of gross floor area, as defined in Subsection 14-10.100(b) of this Chapter, shall include any basement or portion thereof occupied as habitable space, (~~ '. _. , .For the proposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of constriction or. improvement is done at different time inten~als requiring tcvo or more buildingpernuts, within a period of five vears after completion of the first improvement, where although each is for a project encompassin~7 an expansion. of less than. tlft~percent of increased floor area, but when combined with other expansions durin~~ flee five year period of time increase the amount of gross floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the f rst of the several expansions. - 3- Subdivision Code Amendments PROPOSED AMENDMENTS TO SECTION 15-80.090 SARATOGA ZONING ORDINANCE RE: EARLY WARNING FIRE ALARM SYSTEM §15-80.090 Early warning fire alarm system. (a) Findings and purpose. The City Council fords and deternunes as follows: (1) Utilization of current technology in the detection and warning of fue will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazardous fue areas, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fue or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the non-availability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fn a in these structures can be more difficult to extinguish. (4) The risk of fue to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the fire district of the existence and location of fue will serve to reduce the possibility of death, injury and property damage. (5) Because conunercial buildings and community facilities are public gathering places, the public health and safety risks of fire are particularly acute. Immediate warnui~ of fire and notification to the fire district of the existence and location. of fire «~ill serve to reduce the possibility of death, injury and prope • damage in these structures. (36) The public safety and welfare may necessitate installation of an early warning fue alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (H7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for the granting of design review approval or a use permit or variance under this Chapter, the approving authority shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the - 1 - Zoning Code Amendments connection of such system to 's' a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and. community facilities ••^~Q-r„r:-gig ' ~ located within a designated hazardous fire area. (2) Anv existing sin leg family dwelling, commercial structure or community facility which is expanded by fftv percent or more in cross floor area and is located within a designated hazardous .fire area. (~3) All new single-family dwellings, commercial structures and community facilities having a gross floor area in excess of five thousand square feet. (~,~ Any existing single-family dwelling, commercial structure or communirif facility which is expanded by fifty percent or more in rg oss floor area which, after such expansion, will exceed five thousand square feet in gross floor area. (4J All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. ($6~ Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (4~ above, which is expanded by fifty percent or more in gross floor area. (c) Discretionary requirement for certain Ccommercial structures and community facilities. Where an existing commercial structure or community facility is remodeled or the use thereof is changed; and such commercial structure or cornmlrnity facility either: (i) has a gross floor area in excess of five thousand square feet, or (ii) regardless of size, is located ~~rithin a designated hazardous fire area, ""'°^ °^ r°n,,:..°'"'•• then the Chief of the Fire District having jurisdiction over the project, , nray require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system t^ a monitoring station in such manner as maybe specified by the Saratoga Fire District„ ' ~ - ~ ~ , ,f ,> ~~ ~, „. If the requirement to install an alarm system in imposed, it shall be made a condition of the desien review approval or use pernrit or variance under this Chapter. 11ie determination by the fire chief shall be based upon any one or more of the following considerations: r i ~ •r1.o ., ,,,t,o.. na„on.,io 0 on..,a +n n , rti,o 1,,,;1.7:,,•, n •..,in.. t,,,,,;~ °~ S „4;1:.,0,7 ~~, 41,0 .. ., ~fr.,nti nn fr, o,.on~ ~. ~i~i~ v - 2 - Zoning Code Amendments , ,. (l) An occupant load increase of fifty percent or more. ~2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. . (4) 1'he_principal use involves the care or supervision of buildin<~ occupants. (d) Determination of gross floor area and fifty percent expansion. ~^•• *'•° -~•°•~"°°° ^~'«,,;~ co^*;,,,,. (1) As used in this Section. the term "commercial structure" includes but is not limited to office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (-t2~ The determination of gross floor area, as defined in subsection 15-06.280(b) of this Chapter, shall include any basement or portion thereof occupied as habitable space; and (~?) n,.a;„...,..e ,-o~,,.:..., ,^ Iwo .-e^.,:.-o,,,o„~ r .. r...na;.,,, ~;,o .,,,,,,.^,..,~. For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of construction or improvement is done at di fferent time intervals requiring tvo or more buildingpeimits, within a~eriod of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area but v~fien combined with other expansions during the f ve year period of time increase the amount of Cross floor area of the structure by fifthpercent or more of that amoturt which existed immediately prior to the commencement of the f rst of the several. expansions. - 3 - Zoning Code Amendments • PROPOSED AMENDMENTS TO ARTICLE 16-60 SARATOGA MUNICIPAL CODE RE: EARLY WARNING FIRE ALARM SYSTEM • SECTION 16-60.010 Application of Article; requirement for installation of alarm system ~ Where installation of an early warning fire alarm system is required under the safety element of the General Plan or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15-80.090 of the Zoning Ordinance, or this Article. such early warning fire alarm system shall be installed, operated, and maintained in accordance with the provisions of this Article. Where a proposed development does not require any form of permit or approval to be .ranted under the Subdivision. Ordinance or the Zoning Ordinance, installarion of an early warning fire alarni system in accordance with the provisions of this Article shall be required as a condition for the rgranting of any buildiu~ or other pernut raider this Chapter 16 i.n each of the folio«~n 7 c,€ .aces: ~1) All new siucle-fanuly dwellings, commercial struchues and community facilities located within a designated hazardous .fire area. (2) An~existine single family dwellui~, commercial structure or conumuni facility wluch is expanded by fifty_percent or more in €tross floor area and is located within a desi~7nated hazardous fire area. All new single-fanuly dwellings, commercial structures and community facilities having~a .cross floor area in excess of ftve thousand square feet. L AnYesisting siu;le-fanuly dwelling, conmiercial structure or conununity facility wluch is expanded by fifty percent or more in. gross floor area which, after such. expansion, wi.l.l exceed f ve thousand square feet in ~~ross floor area. (5) A.ll new.multi-family dwellin~?s and other n.ew struchires havi.n r multiple sleepine units includins„ but not limited to, hotels, motels, apartments, condonuniutns or other community housing projects. institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other struchire Navin~,multiple sleepine units such as described in subsection (5) above, which is expanded by fifty percent or more in gross floor area. 71 ~'i~hen required by the Chief of the Fire District having jurisdiction over the project, an early warning fire alarm system shall be installed in an existing commercial structure or community facility which is remodeled or the use thereof is c.hanaed, and such connnercial smicture or communi .facility either: (i) has a gross floor area in excess of .five thousand square feet. o.r (.i.i) re}ardless of size, is .located within a desienated hazardous f re area. The determination by the fire chief shall be based upon any one or more of the following considerations: ("i) An occupant load increase of fifty percent or more. - 1 - Building Code Amendments (ii) New commercial cooking operations. (iii) Hazardous materials storage for-which a permit is required. (iv) The principal use involves the care or supervision of building occupants. AS used in this Section the term "conunercial structure" includes, but is not linuted to.-office buildings, retail stores restaurants. repair shops, and industrial buildings; and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting .halls and conference centers. For the Qmposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of constriction or. improvement is done at different time intervals requiring [tvo or. more building.permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area but when combined v~~th other expansions during the five year period of time increase the amount of gross floor area of the structure by fifty percent or more of that an~ount which existed immedi.atel}~ prior to the commencement of the first of the several expansions. SECTION 16-60.020 Required Components Each early warning fire alarm system installed pursuant to this ~ic-le-Code shall be comiected to a monitoruig station in such manner as maybe specified by the Saratoga Fire District and shall be .installed, operated, and maintained in compliance wide the applicable standards and requirements for installation operation and maintenance of the s S~ten~, as established ' , '~ fromtime to time by resolution of the Board of Fire Commissioners of the Saratoga Fire District , A copy of the latest adopted standards and requirements shall be kept on file and made available to the public i.n the o.ft7ce of the Community Development Department. \ T' :s.,l .,In .-..~. .,.,..~..,~..., .,.. t.,.- 4 ..n..c..~. t4n,- A !`~l:f ,-.,.n Ct., to L':.~e Adnr~l,nl 1;~re,] n,,.i n.,.,~,,.,o.i ,.,,1:,~ C~ YY .. , .7 b .. ~ .~ .~ 1, ~~ rn 4v 4 ~, .~ ~~~~.i,,..,,n ~ nl~,xa , . ,,,,,~~, ,,.~,.......~ .t..._.__ _ ___ _____ .. ___J __~_~ _ __ C ~ b ~ 0 , b - 2 - Building Code Amendments ~~ ~~ p . b v ~ i1tfV'7"C: b .7 .7 > b f 1, rl, r ,il.. ,,, .le .,.1 f:. •o ..,:~.,,.te~ , .,.lo,• ~In .,...l:t:..,,~ e ~ b 5 1 ,1 F, t1,~ t Tl.o f~:.- ..1.. ., t,,.. t.•.,,,..«„rte.• E'rrx~xaTca ~oF vccxcF-p13F~3 cj5e5 1~3 c130 Suf3r2 S~7ltE~FIF2 ~~ t' + -1 1. 1' 1 77 1.0 ..,ie ..1,.x...7 .,f tl,., .,1n, o~i_f...• L... l., ., 1., „rl,o r .i 1,..11 1 t~ ,. I1 .1; nt .,tl,e ,1:..:t.,l nl~ ~+.. hr.. -,.,:hto *.l,;lo ~i'-3~3.r133i~13g-£r3<S~~ J V a e rc. cacnccv *Trrrc%rvcccrnnrrcv.ro~-raixvx~ a vc aixxc..: ~~~ ro tl, t 1, 11 1. 't 't L, .1- -: t..l, 1 - 3 - Building Code Amendments '~' s . .. .0.7 1... the T.';~~ !'`I,:ef: S ~' rL.T: 7 lo..al....,. ro,7 F ..~ F er ..L.,...o t1,o Fl...,.. ,:.:tl. 1.e.ir,.......i...,~~ ,.l. .~a.7 SECTION 16-60.030 Plan Check by Fire District - 4 - Building Code Amendments • (al All documentation relative to the proposed installation shall be submitted to the Fire District for approval. Where property is located within the jurisdiction of the Central Fire District, one copy of such documentation shall be furnished to the Chief of such District and one copy of such documentation shall also be furnished to the Chief of the Saratoga Fire District who shall determine whether the p}epesed-installation will n' +~-' + a' '* 1 1 -^*^r ~°^°_ ~~~,.:11 ^ ^omply with the applicable standards for the proposed system. _ ~ ~ The documentation shall include +'~° F 1~.~all plans, specifications, diagrams. data sheets manufacturer's reconunendations, and other information and documents listed in the standards and requirements adopted by the Saratoga Fire District and such additional items pertaining to the proposed system as may be requested by the District. (~ A rl + 1' + f 11 4' 1 + ~ + k - + 11 .1 1~1~,_ z r A 1 ') ' e b ~ s ~ ~~ C- r ° .< ve s .' , (b+#) The Fire Districts may establish a fee for the plan checking services rendered pursuant to this Section. SECTION 16-60.040 Qualifications and responsibilities of installer All early warning fire alarm systems shall be installed by a person holding a valid fire protection engineering license, or a~ualified and experienced contractor with a valid C-10 Electrical Contractor's License ~; ' ~ °'°°°~`~°°+~~•• . , issued by the California Contractors State License Board. All such systems shall be installed in a workmanlike manner and in accordance with the specifications and standards approved by the Fire District. - 5 - Building Code Amendments Upon completion of the installation, the licensed installer shall instruct the property owner; or his designated representative, in the use of the system and shall provide applicable manufacturer's operating manuals. SECTION 16-60.050 Inspections by Fire District NO CHANGE SECTION 16-60.055 Recorded Notice of Fire Alarm System ~ Prior to the .issuance of a certi.f cate of occupancy or its equivalent for any improvements for which an early warning fire alarm system has been required pursuant to this Code a disclosure foam giving nonce of such fire alarm system shall be recorded in the office of the Recorder of Santa Clara County. The disclostue shall be signed by an authorized representative of the Saratoga Fire District and shall contain the following information: The address and les~al description of the prroperty on which the early warning fire alarm system has been installed; A t=,eneral description of the fire alarm system, including the locations within the struchue where components of the system have been installed. A reference to the permit or other development approval Granted by the City which required installation and continued operation of the the alarm system. T.he obligation of the property owner to maintain the fire alarm system. in good condition. and repair. The obligation of the property owner to pay an adnunistrative fee to the Saratoga Fire District for monitoring the fire alarm system. If such fee also includes the cost of other services provided by the District in connection with the early warning fire alarm system. the nature and extent of such services shall be described in the notice. The job title. address and telephone number of an authorized representative of the Sarato Ya Fire District ~vho-may be contacted if the property owner requires any assistance or has any questions concerning the early warning fire alarm system. Vb'ith the written consent of the property owner, the Chief of the Saratoga Fire District or his or her authorized representative may execute and record a disclosure notice containing the information set forth in subsection 16-60.05 ~(a), for any,propeit~~ on which an early warning fire alarm system has been or will be installed without the requirement for recordation of the disclosture notice. SECTION 16-60-060 Voluntary Installation NO CHANGE - 6 - Building Code Amendments • Attachment C • • SARATOGA FIRE DISTRICT EARLY WARNING FIRE ALARM SYSTEM STANDARDS AND REQUIRMENTS OUTLINE I. APPLICATION AND DEFINITIONS 1.01 Authorization for Standards 1.02 Application of Standards 1.03 Definitions II. GENERAL EWAS DESIGN STANDARDS 2.01 General Design Standards 2.02 EWAS Equipment Certification 2.03 Monitoring of EWAS III. REQUIRED COMPONENTS 3.01. Single Family Residential Structures A. Initiation 1. Smoke detectors 2. Heat detectors 3: Automatic sprinkler systems 4. Manually actuated alarm-initiating devices 5. Medical emergency push buttons B. Notification C. Control Equipment D. Communications. 3.02. Multi-Family Residential Structures A. Initiation 1. Smoke detectors 2. Smoke detectors for control of smoke spread 3. Heat detectors 4. Fire suppression systems 5. Manually actuated alarm-initiating devices 6. Medical push buttons B. Notification C. Control equipment Rev.3/14/06 -1- Technical Specifications D. Communications 3.03. Commercial Structures A. Initiation 1. Smoke detectors 2. Smoke detectors for control of smoke spread 3. Heat detectors 4. Fire suppression systems 5. Manually actuated alarm-initiating devices 6. Medical push buttons B. Notification C. Control equipment D. Communications IV. INSTALLATION REQUIREMENTS 4.01. Submittal Requirements For Plan Check A. Requirement for plan check by Fire District" B. Qualification of system designer C. Information and documents to be submitted D. Payment of plan check fee 4.02. Qualifications And Responsibilities Of Installer 4.03. Inspection and Testing A. Inspections by contractors B. Inspections by Fire District 4.04. Voluntary Installations V. MAINTENANCE AND REPAIR OF EWAS 5.01. Maintenance Responsibilities Of EWAS Owner 5.03. Inspections And Repairs By Fire District VI. ADMINISTRATIVE FEE; RECORDED NOTICE OF EWAS 6.01. Payment To District Of Administrative Fee 6.02. Recorded Notice Of Fire Alarm System VII. AMENDMENT OF EWAS REGULATIONS 7.01. Procedure For Amendment Rev.3/14/06 -2- Technical Specifications • SARATOGA FIRE DISTRICT EARLY WARNING FIRE ALARM SYSTEM STANDARDS AND REQUIRMENTS ARTICLE I APPLICATION AND DEFINITIONS 1.01 Authorization for Standards. These Standards and Requirements are established pursuant to Ordinance No. 1-2005, adopted by the Saratoga Fire Protection District. These Standards and Requirements, as initially adopted and hereafter amended, shall also constitute the standards and requirements for installation and operation of the early warning fire alarm system as referenced in Section 16.60.020 of the City of Saratoga Municipal Code. 1.02 Application of Standards. Where installation of an early warning fire alarm system is required or permitted under the safety element of the City of Saratoga General Plan or any provision of the subdivision, zoning, or building regulations of the City of Saratoga, or any ordinance or regulation of the Saratoga Fire Protection District, such early warning fire alarm system shall be installed, operated, and maintained in accordance with the Standards and Requirements set forth herein. 1.03 Definitions. The following definitions shall be applied to these Standards and Requirements: A. CBC means the California Building Code, and when followed by a year means the particular edition of that Code. B. CEC means the California Electric Code, and when followed by a year means the particular edition of that Code. C. CFC means the California Fire Code, and when followed by a year means the particular edition of that Code. D. City means the City of Saratoga. E. CMC means the California Mechanical Code, and when followed by a year means the particular edition of that Code. F. County Fire means the Santa Clara County Central Fire Protection District. Rev.3/ 14/06 -3- Technical S ecifications P • G. CSFM means the California State Fire Marshall. H. Fire District or Saratoga Fire means the Saratoga Fire Protection District. I. EWAS means the Early Warning Fire Alarm System. J. EWAS Owner means the owner of the real property on which the EWAS has been installed, or the person having possession or control over such property who is responsible for payment of the maintenance expenses. K. EWAS Regulations means the standards and requirements for installation, operation and maintenance of EWAS, as set forth in this document and as hereafter amended by resolution of the Fire District's Board of Fire Commissioners. L. Fire Chief means the Fire Chief of the Fire District, or his or her authorized representative. M. NFPA means the National Fire Protection Association, and when followed by a number and year means the particular number and year of the NFPA standard being referenced. N. SPL means sound pressure level, as measured in decibels with sound level meters set "A" weighted and "fast" response. O. Supervising station means a facility that receives EWAS signals and at which personnel are available at all times to respond to these signals. P. Zone means a space within a structure that is separated from all other spaces by floors, horizontal exits, or smoke bamers. Compartments not meeting these requirements shall be evaluated as part of an adjacent zone. When a floor is not subdivided by horizontal exits or smoke barriers, the entire floor is considered to be a single zone. (See also CFC 2001 Section 1006.3.3.7). ARTICLE II GENERAL EWAS DESIGN STANDARDS 2.01 General Design Standards. Early Warning Fire Alarm Systems shall be designed, installed and maintained in accordance with the following codes and standards: A. CBC 2001 B. CEC 2001 Rev.3/ 14/06 -4- Technical Specifications C. CFC 2001 D. CMC 2001 E. NFPA 13, 13D, 13R (1999 editions) as amended in CBC 2001, chapter 3$. F. NFPA 20 1999 G. NFPA 72 1999 as amended in CBC 2001, chapter 3$. (Chapter 8 of NFPA 72 1999 is not adopted) H. NFPA 72 1996 Chapter 2, as amended in CBC 2001, Chapter 3$. I. NFPA 90A 1999 J. NFPA 92A 2000 K. Any applicable provisions of the City's building regulations as contained in Titlel6 of the Saratoga Municipal Code 2.02 EWAS Equipment Certification. All equipment used in Early Warning Alarm Systems shall be CSFM listed and approved for the purpose for which it is installed. 2.03 Monitoring of EWAS. All Early Warning Alarm Systems shall be installed and maintained to permit monitoring 24 hours a day 7 days a week, in such manner as may be specified by the Fire District. No EWAS equipment shall be altered to redirect an alarm signal to any location other than the supervising station approved by the Fire District. The EWAS Owner may voluntarily install a dual monitoring system approved by the Fire Chief, but if installed, the first alarm signal must at all times be transmitted to the Fire District's supervising station. ARTICLE III REQUIRED COMPONENTS 3.01. Single Family Residential Structures. Early Warning Alarm Systems for single family residential structures shall comply with the following requirements: A. Initiation. 1. Smoke detectors. System smoke detectors shall be installed per NFPA 72 1996 Chapter 2 as amended in CBC 2001, Chapter 3$. (a) Exception 1: System smoke detectors shall be installed within all sleeping rooms. (b) Exception 2: Single or multi-station "Smoke Alarms" can be substituted for System type smoke detectors if all of the following requirements are met: Rev.3/14/06 -$- Technical Specifications • • • • • B. Rev.3/14/06 (1) An alarm condition on any one Smoke Alarm shall initiate the evacuation sequence of the .alarm system. (2) -Alarm system shall annunciate and communicate the zone of fire origin. (3) Per NFPA 721996 2-2.2.2: Newly installed alarm notification appliances used with a household fire warning system and single and multiple station smoke alarms shall produce the audible emergency signal described in ANSI S3.41, Audible Emergency Evacuation Signal. Signals from different notification appliances shall not be required to be synchronized. 2. Heat detectors. Heat-sensing fire detectors of the rate of rise and/or fixed temperature spot-type, with the appropriate temperature classification shall be installed in but not limited to the following areas: furnace/boiler rooms; mechanical rooms; bathrooms; attics; garages (not carports); kitchens; storage areas. Exception: Where an automatic sprinkler system is installed per NFPA 13, 13D or 13R and monitored by the fire alarm system, no heat detectors shall be required to be installed in areas already protected by the sprinkler system except for operation of control equipment as required by another standard or code. 3. Automatic sprinkler systems. Automatic sprinkler system waterflow switch and the control valve position, as a minimum, shall be monitored by the fire alarm system. 4. Manually_actuated alarm-initiating devices. (a) Manual fire alarm boxes shall be located per NFPA 72 1999 2-8.2.2. (b) Per CFC 2001 section 1006.3.3.1.1, manual fire alarm boxes shall be installed a minimum of 42" and a maximum of 48" above finished floor to the operable part. (c) Manual fire alarm boxes shall be Dual-Action type. 5. Medical emerg_encYpush buttons. Medical emergency push buttons shall be required for all types of occupancies. At least one medical emergency push button shall be located on each story/level of the structure. A push button should normally be located in the kitchen area near the telephone and either in or near the master bedroom. Additional buttons- may be required, as determined by the Fire Chief. Notification. -6- Technical Specifications C. D. Rev.3/14/06 1 N tif ti li h ll b i t ll d . o ica on app a e ns a e per: ances s (a) NFPA 72 1999 as amended in CBC 2001, chapter 35. Exception: The maximum allowable SPL of audible notification appliances complying with section 4-3.2.1 ofNFPA 72 (1999 edition) shall be no greater than 110 dBA at the minimum hearing distance from the audible appliance per CFC 2001 section 1006.3.3.3.3. (b) NFPA 72 1996 Chapter 2, as amended in CBC 2001, Chapter 35. (c) If alarm notification appliances for hearing impaired persons are employed in sleeping rooms then they shall be installed per NFPA 72 .1996 2-4.4.2 or CBC 2001, chapter 35 Section 2-4.4.2. 2. To facilitate location of premises, an exterior weatherproof horn strobe shall be installed facing the direction of emergency services approach. 3. Fire System Annunciation: (a) The fire system annunciator shall be installed per NFPA 721999 and CFC 2001 section 1006.3.3.2. (b) The fire system annunciator shall be located within the common entry area or other location approved by the Fire Chief. Control Equipment.. 1. No control panels for a combination of fire and burglar alarm systems shall be allowed. 2. Control equipment shall be installed per CBC 2001, Chapter 35 Section 2-1 through Section 2-7 and NFPA 72 1999 as amended in CBC 2001, chapter 35. (Chapter 8 of NFPA 72 1999 is not adopted). 3. System type shall be supervising station. Communications. 1. All alarm systems shall be supervising station systems per CBC 2001, Chapter 35 Section 2-4.9; provided, however, the test signal for any EWAS -panel shall be daily instead of monthly, as cited in CBC 35, 2-4.9.1. 2. Optionally (but may be required by the Fire Chief), per NFPA 72 1999 section 5-5, a Digital Alarm Radio Transmitter can be provided as a secondary or backup channel of communication. For residential occupancies, other optional secondary or backup methods of transmitting signals off site may include radio, cell phone, second phone line or other method as approved by the Fire Chief. -7- Technical Specifications 3.02. Multi-Family Residential Structures. Early Warning Alarm Systems for multi- - family residential structures shall comply with the following requirements: A. Initiation. 1. Smoke detectors. (a) System smoke detectors shall be installed per NFPA 721999 Chapter 2. (b) System smoke detectors shall be provided in all common areas and interior corridors of all multi-family Group R occupancies. (c) System smoke detectors shall be provided within all dwelling units and guest rooms per CBC 2001 section 310.9.1. Upon activation of the detector(s), only those notification appliances in the dwelling unit or guest room shall activate. When activated, the system smoke detector shall indicate a supervisory condition on the fire system annunciator, the fire control panel, and the supervising station indicating dwelling unit of origin. Exc~tion:: Single or multi-station "Smoke Alarms" can be substituted for System type smoke detectors if all of the following requirements are met: (1) An alarm condition on any one Smoke Alarm shall indicate a supervisory condition on the fire system annunciator, the fire control panel, and the supervising station indicating dwelling unit of origin. (2) Newly installed single and multiple station smoke alarms shall produce the audible emergency signal described in ANSI S3.41, Audible Emergency Evacuation Signal. Signals from different notification appliances shall not be required to be synchronized. (3) Upon activation of the detector, only those notification appliances in the dwelling unit or guest room shall activate. 2. Smoke detectors for control of smoke spread. (a) Smoke detectors installed and used to prevent smoke spread by initiating control of fans, dampers, doors, and other equipment shall be installed per CMC 2001, NFPA 72 1999, NFPA 90A 1999 and NFPA 92A 2000. (b) The smoke detector(s) shall be connected to the building fire alarm system .such that activation of any one detector shall cause a Rev.3/14/06 -g- Technical Specifications supervisory signal to be indicated at the fire control panel, the fire system annunciator, and at the supervising station. Exception:: If open area smoke detectors are used to release doors per NFPA 72 1999 2-10.6.1 then they are no longer dedicated to smoke control and shall initiate the evacuation sequence. 3. (c) Duct smoke detectors and pendant mounted smoke detectors shall be accessible for cleaning, maintenance and testing. (d) The location of duct smoke detectors in air duct systems shall be permanently and clearly identified and recorded. Permanent labels or placards outside the first point of access shall be installed to indicate that a detector is accessible from that point. (e) All air handling units shall be properly labeled. Heat detectors. (a) Heat detectors shall be installed per NFPA 72 1999 Chapter 2 as amended in CBC 2001, chapter 35. (b) Heat-sensing fire detectors of the rate of rise and/or fixed temperature spot-type, with the appropriate temperature classification shall be installed in but not limited to the following areas: fiunace/boiler rooms; mechanical rooms; common bathrooms; attics; garages (not carports); kitchens; storage areas. Exception: Where an automatic sprinkler system is installed per NFPA 13, 13D or 13R and monitored by the fire alarm system, no heat detectors. shall be required to be installed in areas akeady protected by the sprinkler system except for operation of control equipment as required by another standard or code. 4. Fire suppression s,, std. (a) Automatic Sprinkler Systems: Automatic sprinkler system waterflow alarm and the control valve supervisory signals shall be monitored per NFPA 72 1999 Chapter 2 as amended in CBC 2001, chapter 35. (b) Other automatic fire extinguishing systems, such as Ansul,pre-action, deluge, foam, wet chemical, FM-200, etc., shall be connected to the fire alarm system as required by other standards. The activation of any of these fire suppression systems shall initiate the evacuation sequence. Rev.3/ 14/06 (c) Fire Pumps: -9- Technical Specifications r~ L (1) All new and existing fire pumps shall be monitored per NFPA 20 1999. (2) All fire pumps shall be monitored for trouble and supervisory conditions (separate signals) at the supervising station. (3) Fire pump trouble and supervisory conditions shall be indicated at the fire control panel and at the fire system annunciator. 5. Manually actuated alarm-initiating devices. (a) Manual fire alarm boxes shall be located per NFPA 72 1999 2-8.2.2. (b) Per CFC 2001 section 1006.3.3.1.1, manual fire alarm boxes shall be installed a minimum of 42" and a maximum of 48" above finished floor to the operable part. (c) Manual fire alarm boxes shall be Dual-Action type. 6. Medical push buttons. Medical emergency push buttons shall be required for all types of occupancies. At least one medical emergency push button shall be located on each story/level of the structure. A push button should normally be located in the kitchen area near the telephone and either in or near the master bedroom. Additional buttons may be required, as determined by the Fire Chief. B. Notification. 1. Alarm systems shall include both audible and visual alarms per CFC 2001 Section 1006.3.3.3.4. 2. Notification appliances shall be installed per: (a) NFPA 72 1999 chapter 4 as amended in CBC 2001, chapter 35. Exce tp ion: The maximum allowable SPL of audible notification appliances complying with section 4-3.2.1 ofNFPA 72 (1999 edition) shall be no greater than 110 dBA at the minimum hearing distance from the audible appliance per CFC 2001 section 1006.3.3.3.3. (b) If alarm notification appliances for hearing impaired .persons are employed in sleeping rooms then they shall be installed per NFPA 72 1999 chapter 4 as amended in CBC 2001, chapter 35 Section 4-4.4.3. 3. Tb facilitate location of premises, an exterior weatherproof horn strobe shall be installed facing the direction of emergency services approach. 4. Fire System Annunciation: (a) The fire system annunciator shall be installed per NFPA 721999 and CFC 2001 section 1006.3.3.2. Rev.3/14/06 -10- Technical Specifications (b) The fire system annunciator shall be located within the common entry area or other location approved by the Fire Chief. C. Control equipment. 1. Control equipment shall be installed per NFPA 721999 as amended in CBC 2001, chapter 35 and CFC 2001 section 1006.3.3.2. 2. A permanent and readily visible sign shall identify the location of the fire control panel. 3. System Type shall be supervising station. D. Communications. 1. All alarm systems shall be supervising station systems employing a Digital Alarm Communicator Transmitter per NFPA 72 1999, section 5-5.3.2.1.6. The test signal for any EWAS panel is daily, not monthly as cited in CBC 35, 2-4.9.1. 2. Optionally (but may be required by the Fire Chief), per NFPA 72 1999 section 5-5, a Digital Alarm Radio Transmitter can be provided as a secondary or backup channel of communication. For residential occupancies, other optional secondary or backup methods of transmitting signals off site may include radio, cell phone, second phone line or other method as approved by the Fire Chief. 3.03. Commercial Structures. Early Warning Alarm Systems for commercial structures shall comply with the following requirements: A. Initiation. 1. Smoke detectors: System smoke detectors shall be installed per NFPA 72 1999 Chapter 2 as amended in CBC 2001, chapter 35. 2. Smoke Detectors for Control of Smoke Spread: (a) Smoke detectors installed and used to prevent smoke spread by initiating control of fans, dampers, doors, and other equipment shall be installed per CMC 2001, NFPA 72 1999, NFPA 90A 1999 and NFPA 92A 2000. (b) The smoke detector(s) shall be connected to the building fire alarm system such that activation of any one detector shall cause a supervisory signal to be indicated at the fire control panel, the fire system annunciator, and at the supervising station: Exception:: If open area smoke detectors are used to release doors per NFPA 72 1999 2-10.6.1 then they are no longer Rev.3/14/06 -11- Technical Specifications i on dedicated to smoke control and shall initiate the evacuat sequence. (c) Duct smoke detectors and pendant mounted smoke detectors shall be accessible for cleaning, maintenance and testing. (d) The location of duct smoke detectors in air duct systems shall be permanently and clearly identified and recorded. Permanent labels or placards. outside the first point of access shall be installed to indicate that a detector is accessible from that point. (e) All air handling units shall be properly labeled. 3. Heat detectors: (a) Heat detectors shall be installed per NFPA 72 1999 Chapter 2 as amended in CBC 2001, chapter 35. (b) Heat-sensing fire detectors of the rate of rise and/or fixed temperature spot-type, with the appropriate temperature classification shall be installed in but not limited to the following areas: furnace/boiler rooms; mechanical rooms; bathrooms; attics; garages (not carports); kitchens; storage areas. Exception: Where an automatic sprinkler system is installed per NFPA 13 and monitored by the fire alarm system, no heat detectors shall be required to be installed in areas already protected by the sprinkler system except for operation of control equipment as required by another standard or code. 4. Fire suppression systems: (a) Automatic Sprinkler Systems: Automatic sprinkler system waterflow alarm and the control valve supervisory signals shall be monitored per NFPA 72 1999 Chapter 2 as amended in CBC 2001, chapter 35. (b) Other automatic fire extinguishing systems, such as Ansul,pre-action, deluge, foam, wet chemical, FM-200, etc., shall be connected to the fire alarm system as required by other standards. The activation of any of these fire suppression systems shall initiate the evacuation sequence. (c) Fire Pumps: (1) -All new and existing fire pumps shall be monitored per NFPA 20 1999. (2) All fire pumps shall be monitored for trouble and supervisory conditions (separate signals) at the supervising station. (3) Fire pump trouble and supervisory conditions shall be Rev.3/14/06 -12- Technical Specifications indicated at the fire control panel and at the fire system annunciator. 5. Manually actuated alarm-initiating devices: (a) Manual fire alarm boxes shall. be located per NFPA 721999 2-8.2.2. (b) Per CFC 2001 section 1006.3.3.1.1, manual fire alarm boxes shall be installed a minimum of 42" and a maximum of 48" above finished floor to the operable part. (c) Manual fire alarm boxes shall be Dual-Action type. B. C. Rev.3/ 14/06 6. Medical push buttons. Medical emergency push buttons shall be required for all types of occupancies. At least one medical emergency push button shall be located on each story/level of the structure. A push button should normally be located in the kitchen area near the telephone and either in or near the master bedroom. Additional buttons may be required, as determined by the Fire Chief. Notification. 1. Alarm systems shall include both audible and visual alarms per CFC 2001 Section 1006.3.3.3.4. 2. Notification appliances shall be installed per: (a) NFPA 72 1999 chapter 4 as amended in CBC 2001, chapter 35. Exception: The maximum allowable SPL of audible notification appliances complying with section 4-3.2.1 ofNFPA 72 (1999 edition) shall be no greater than 110 dBA at the minimum hearing distance from the audible appliance per CFC 2001 section 1006.3.3.3.3. 3. To facilitate location of premises, an exterior weatherproof horn strobe shall be installed facing the direction of emergency services approach. 4. Fire System Annunciation: (a) The fire system annunciator shall be installed per NFPA 721999 and CFC 2001 section 1006.3.3.2. (b) The fire system annunciator shall be located within the common entry area or other location approved by the Fire Chief. Control equipment. 1. Control equipment shall be installed per NFPA 721999 as amended in CBC -13- Technical Specifications • 2001, chapter 35 and CFC 2001 section 1006.3.3.2. 2. A permanent and readily visible sign shall identify the location of the fire control panel. 3. System Type shall be supervising station. D. Communications. All alarm systems shall be supervising station systems employing a Digital Alarm Communicator Transmitter per NFPA 72 1999, section 5-5.3.2.1.6. The test signal for any EWAS panel is daily, not monthly as cited in CBC 35, 2-4.9.1. 2. All commercial fire alarm systems shall have two methods of transmission to the supervising station. A Digital Alarm Radio Transmitter per NFPA 72 1999 section 5-5.3.2.1.6.1 and section 5-5.3.2.3, may be provided as the secondary channel of communication. • ARTICLE IV INSTALLATION REQUIREMENTS 4.01. Submittal Requirements For Plan Check. A. Requirement for plan check by Fire District. All plans and specif cations for the installation, repair, alteration, or upgrades of an Early Warning Fire Alarm System shall be subject to review and approval by the Fire District. All documentation relative to the proposed installation, repair, alteration or upgrade shall be submitted to the Fire District for-plan check. Where property is located within the jurisdiction of County Fire, one copy of such documentation shall be furnished to County Fire and one copy of such documentation shall also be furnished to the Fire Chief of Saratoga Fire, who shall determine whether the proposed installation, repair, alteration or upgrade will comply with the EWAS Regulations set forth herein. • B. Qualification of system designer. Submittals for approval of the EWAS work shall be shall be made by a person holding a valid Fire Protection Engineering license or a qualified and experienced, design-build contractor with a valid California State C-10 Electrical Contractor's License. Plans and accompanying submittals shall be wet signed by the licensed design-build C-10 contractor. If the installing C-10 contractor is not the designer of the system, the plans and accompanying submittals shall be Rev.3/14/06 -14- Technical Specifications stamped and wet signed by a licensed Fire Protection Engineer. C. Rev.3/14/06 Information and documents to be submitted. The submittal documentation shall include the following: 1. Complete manufacturer's specification sheets with appropriate CSFM listing for each system component. If more than one model of the device is represented on the specification sheet, clearly indicate the specific item(s) to be installed. 2. Three sets of working plans shall be submitted, drawn to an indicated scale (not smaller than 1/8" =1'), on sheets of uniform size (11" x 17"minimum), with a plan of each floor including basements and attics. The applicant shall also submit such additional sets of working plans as may be required by County Fire. 3. The working plans for new installations submitted for review shall contain the following items: (a) Names of owner and occupant. (b) Street address of building, including assessor's block and lot number or parcel number. (c) Contractor's name, address, telephone number, email address and license number and class. (d) Stamp (including expiration date) and wet signature of engineer of record (if applicable) or wet signature of C-10 design-build contractor. (e) Legend to include symbol list, description, quantity, manufacturer, model number, CSFM number for each device. (f) Site map (for clarity) to include surrounding access roads and point of compass. (g) Cross sectional drawings including ceiling height as needed for clarity. (h) Location of partitions and walls indicating which extend through concealed spaces. (i) Use of each area and room. (j) Describe the degree the building is protected by automatic sprinklers: Is the elevator hoistwayand/or the elevator machine room protected by sprinklers? (k) Location of each device to include address, candela and proposed SPL. -1$- Technical Specificarions (1) Diagram indicating device address nomenclature. (m) Mounting heights of manual fire alarm boxes and notification appliances. (n) Type and size of wire, cable and conduit (include conduit fill ratio). (o) Single line riser diagram. NOTE: No combination control panels servicing both fire and burglar alarm systems will be allowed. (p) Wiring diagram showing the connection to primary power source and typical point-to-point wiring diagram of each initiation and notification device. (q) Standby battery calculation for the fire control panel and all fire alarm power supplies. (r) Voltage drop calculations (voltage drop shall not exceed 10% or manufacture's minimum specification, whichever voltage drop is less). (s) Sequence of operation narrative or matrix. (t) Assignment of class and style designation to device circuits (signaling line circuit, initiating device circuit, and notification appliance circuit). (u) List of protected premises (fire system annunciator/fire control panel) zones to include list of zones assigned initiation device addresses. (v) Description of ancillary features and operations (such as smoke control, fire/smoke damper operation, fan shutdown, phase one emergency elevator operation, corridor pendant lights etc.), and a description of any special features, such as detector cross zoning. (w) Indicate method of compliance with CBC 2001 Sections 709.6, 710.3 and 710.3 for through penetrations. Include manufacture's cut sheets and CSFM listing. (x) Per CEC 2001 Section 760-10, fire alarm circuits shall be identified at terminal and junction locations, in a manner that will prevent unintentional interference with the signaling circuit during testing and servicing. All splice boxes shall be tagged, labeled, or color-coded to indicate containing fire circuits and remain accessible. (y) Name, address, and telephone number of alarm service company and, if available, the name of a contact person. (z) Such other information and documents as Fire Chief deems reasonably necessary in order to determine whether the proposed EWAS installation will comply with the EWAS Regulations set forth Rev.3/14/06 -16- Technical Specifications herein. 4. The working plans for modifications to existing systems shall contain the following items: (a) Make, model number and current CSFM listing sheet of existing fire control -panel. (b) Size of existing battery, battery calculations to include new devices. (c) Make and model number of existing devices (to ensure compatibility). (d) Manufacturer's specification sheets and CSFM listing sheets on new devices. (e) Address all items for new submittal (listed above) relative to new or modified system devices. (f) Sequence of operation to included all new, modified and existing devices. (g) Such other information and documents as Fire Chief deems reasonably necessary in order to determine whether the proposed modification to .the existing system will comply with the EWAS Regulations set forth herein. D. Payment of plan check fee. Each request to the Fire District for review and approval of plans or other materials relating to the installation of a new Early Warning Alarm System or the modification of an existing Early Warning Alarm System shall be accompanied by the payment of a plan check fee in such amount as established from time to time by resolution of the Fire District's Board of Fire Commissioners. 4.02. Qualifications And Responsibilities Of Installer. A. Installation of early warning fire alarm systems shall be under the direct supervision of a person holding a valid Fire Protection Engineering license or a qualified and experienced contractor with a valid California State C-10 Electrical Contractor's License. B. -All such systems shall be installed in a workmanlike manner and in accordance with the approved plans and specifications, the EWAS Regulations set forth herein, and such other requirements as maybe adopted by the Fire District. C. Upon completion of the installation and prior to calling for a final inspection, the licensed installer shall conduct a 100% certification test of the system and provide a completed Fire Alarm System Record of Completion form (NFPA 721999 figure 1- 6.2.1) for the Fire Chief and the EWAS Owner. Rev.3/14/06 -17- Technical Specifications • • D. The licensed installer shall instruct the EWAS Owner, or the Owner's designated representative, in the use of the EWAS. E. The licensed installer shall provide the EWAS Owner with a complete set of applicable manufacturer's operating manuals, specifications, and as-built drawings. F. The licensed installer shall provide the Fire District one set of as-built drawings. If the property is located within jurisdiction of County Fire, a set of as build drawings shall also be provided to the fire chief of County Fire. 4.03. Inspection and Testing. A. Inspections by Contractors. • 1. The inspection and testing of all fire alarm systems described in these standards shall be per NFPA 72 1999 Chapter 7 as adopted or amended by CSFM in the CBC/CFC. More stringent inspection or testing procedures that are required by other parties shall be permitted. 2. Service personnel shall be qualified and experienced in the inspection, testing, and maintenance of fire alarm systems per NFPA 721999 Section 7- 1.2.2. B. Inspections by Fire District. 1. The fire district having jurisdiction over the property shall be responsible for conducting inspections and approving or disapproving any EWAS installed in a structure pursuant to these EWAS Regulations. Where the property is located within the jurisdiction of County Fire, County Fire shall notify Saratoga Fire when the final test and acceptance of EWAS is completed and provide names and phone numbers of the property owners. 2. The EWAS Owner shall be responsible for payment of any inspection fees that may be established by Saratoga Fire and County Fire for performance of the inspection services pursuant to this Section. • 4.04. Voluntary Installations. Nothing contained herein shall prohibit any person from voluntarily installing and maintaining an early warning fire alarm system as described in these EWAS Regulations in any type of building or structure within the City, subject only to appropriate arrangement for such installation and maintenance being made between the EWAS Owner and the Fire Chief of the Fire District.. ARTICLE V Rev.3/14/06 -18- Technical Specifications MAINTENANCE AND REPAIR OF EWAS 5.01. Maintenance Responsibilities Of EWAS Owner. A. It shall be the responsibility of the EWAS Owner to maintain the EWAS in good operating condition and repair. B. Verification that the EWAS is operating properly shall be indicated by a daily test signal from the system being received by the District's supervising station. C. Upon being given notice by the Fire District that the EWAS has failed to transmit the required test signal, the EWAS Owner shall promptly restore the system to proper working order. Failure to do so shall constitute a violation of these EWAS Regulations, as well as a violation of Ordinance 1-2005 and any applicable ordinance adopted by the City. 5.02. Inspections And Repairs By Fire District. A. Pursuant to the authority set forth in CFC 103.3.1.1, every EWAS installation shall be subject to inspection by the Fire Chief of the Fire District, or an authorized representative of County Fire if the system is located within the jurisdictional limits of County Fire. Inspections shall be conducted at such times and intervals as may be determined by the agency making the inspection, based upon availability of personnel and other resources. Nothing herein shall be construed as imposing a legal duty upon either the Fire District or County Fire to conduct any inspection of an Early Warning Fire Alarm System. B. If an EWAS fails transmit a daily test signal, the Fire District shall have the option, but not the obligation, to arrange for a service call by a qualified repair company, at the expense of the Fire District. The Fire Chief shall also be authorized to pay for nominal repairs to the EWAS performed by the repair company at a cost not exceeding one hundred dollars ($100.00). If the cost of repair exceeds the sum of one hundred dollars ($100.00), all excess cost-shall be paid by the EWAS Owner, except as otherwise provided in Paragraph C of this Section 5.02. C. Where the EWAS Owner demonstrates, to the satisfaction of the Fire Chief, that he or she is financially unable to pay the EWAS repair costs, as shown by the Owner's income tax returns, financial statements, or other data acceptable to the Fire Chief, the Fire Chief shall. have the option, but not the obligation, to authorize the repair work to be performed at the initial expense of the Fire District. Such expense shall constitute a loan by the Fire District to the EWAS Owner which shall be evidenced by a promissory note signed by the Owner and secured by a deed of trust against the property. The note shall become due and payable upon any sale, refinancing, or transfer of the property, or upon the death of the EWAS Owner, together with interest thereon at the rate of five percent (5%) per annum from the date of disbursement. A loan for repair costs shall only be authorized for an EWAS installed in a single- Rev.3/14/06 -19- Technical Specifications • • • family residence owed and occupied by one or more individuals. ARTICLE VI ADMINISTRATIVE FEE; RECORDED NOTICE OF EWAS 6.01. Payment To Fire District Of Administrative Fee. A. An administrative fee shall be payable by each EWAS Owner, in such amount as established from time to time by resolution of the Fire District's Board of Fire Commissioners. The fee shall be based upon the costs incurred by the Fire District in connection with the operation and administration of the EWAS program, including the cost of the supervising station and a portion of the Fire District's general overhead expenses reasonably allocated to the EWAS program. B. The administrative fee shall be billed quarterly to the EWAS Owner or other person who may be responsible for payment thereof, or at such other time intervals as determined by the Fire District. The administrative fee shall constitute an indebtedness owed to the Fire District and upon any failure or refusal to pay the same within thirty (30) days after it becomes due, the Fire District may seek to collect the delinquent amount through appropriate legal proceedings. C. The administrative fee for the EWAS shall be determined according to a Schedule of Fees that reflects the nature of the property on which the system has been installed, taking- into account the type of use, the number and size of buildings, and the complexity of the EWAS installation. 6.02. Recorded Notice Of Fire Alarm System. When the recording of a disclosure notice is required under the District's or the City's ordinances, or otherwise with the prior written consent of the EWAS Owner, the Fire Chief or his or her authorized representative may execute and record a disclosure notice for any property on which an early warning fire alarm system has been or will be installed. The disclosure notice shall contain the following information: A. The address and legal description of the property on which the early warning fire alarm system has been installed; B. A general description of the fire alarm system, including the locations within the . structure where components of the system have been installed. C. If applicable, a reference to the permit or other development approval granted by the City which required installation and continued operation of the fire alarm system. D. The obligation of the EWAS Owner to maintain the fire alarm system in good condition and repair. E. The obligation of the EWAS Owner to pay the administrative fee to the Fire District in accordance with Section 6.01 above. Rev.3/14/06 -20- Technical Specifications F. The job title, address and telephone number of an authorized representative of the Fire District who maybe contacted if the EWAS Owner requires any assistance or has any questions concerning the early warning fire alarm system. ARTICLE VII AMENDMENT OF EWAS REGULATIONS 7.01. Procedure For Amendment. A. These EWAS Regulations may be amended by resolution of the Fire District's Board of Fire Commissioners. B. Prior to adopting any amendment, the Fire District shall send a copy of the proposed amendment to the fire -chief of County Fire and the Saratoga City Manager, along with a notice indicating the time and place when the proposed amendment will be considered by the Board. C. Unless otherwise stated in the resolution adopting the amendment, it shall become effective immediately upon passage of the resolution. CERTIFICATION The undersigned hereby certifies that the foregoing Standards and Requirements were adopted by the Board of Fire Commissioners at a regular meeting of the Board held on the 16`i' day of March, 2006. Dated: Rev.3/ 14/06 TRINA WHITLEY, District Secretary _21 _ Technical Specifications Attachment D • RECORDING REQUESTED BY: Saratoga Fire District AFTER RECORDATION, MAIL TO: Saratoga Fire District Attention: Business Manager 14380 Saratoga Avenue Saratoga, CA 95070 No Fee THIS SPACE FOR RECORDER'S USE • NOTICE OF FIRE ALARM- SYSTEM Pursuant to Ordinance 1-2006 of the Saratoga Fire Protection District ("the Fire District") and Section 16- 60.055 of the City of Saratoga Municipal Code, notice is hereby given that an early warning fire alarm system ("EWAS") has been installed within the structure located on the property at , in the City of Saratoga, County of Santa Clara, State of California, identified as Assessor's Parcel Number ,and more particularly described in Exhibit "A" attached hereto and made a part hereof ("the Property"). The EWAS has been installed as a condition for the granting of Application Number for [design review/use permit/variance/building permit) approval by the City of Saratoga, and is generally described as follows: The owner of the Property is required to maintain the EWAS in good condition and repair and at all times connected to a remote monitoring station specified by the Fire District. If there is a problem with the EWAS, the Fire District will conduct an initial inspection of the system at no cost to the Property owner. The District will also pay for minor repairs not exceeding $100. For assistance with the operation, maintenance, repair, or monitoring of the EWAS, please contact during normal business hours: Saratoga Fire District 14380 Saratoga Avenue Saratoga, California 95070 (408) 867-9001 The owner of the Property is required to pay an Administrative Fee to the Fire District to cover the cost of operating the EWAS program, the cost of inspections and minor repairs, and the cost of the remote monitoring station. This fee is established from time to time by the Fire District's Board of Fire Commissioners. As of the recording of this Notice, the Administrative Fee for the Property is $ ,payable quarterly. Dated: Authorized Representative, Saratoga Fire Protection District • STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) On ,before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature • • EXHIBIT "A" Legal Description [To be inserted for each property as applicable.] • • Attachment E City of Saratoga Designated Hazardous Fire Area -Early Warning Alarm System For use in administering Early Warning Alarm System Requirements per Saratoga City Code Sections 1425.110,15-80.090 and 16-60-010 et seq. N W E S Legend Iwiies - Hazardous Fire Area o 0.25 o.s 1 1.5 2 Saratoga City limit Copyright 2006 County of Santa Clara, All Rights Reserved • • • Attachment F • APPROVAL OF RESOLUTION NO. • CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has determined that Saratoga City Code should be amended to update the policies, and standards applicable to the standards Early Warning Alarm System ("EWAS") requirements of the City of Saratoga in designated hazardous fire areas and elsewhere in the City; and WHEREAS, the City of Saratoga Planning Commission has reviewed proposed amendments to Sections 14-25.110 and 15-80.090 and Article 16-60 relating to the EWAS; 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 the Planning Commission has considered the proposed amendment and all testimony and evidence received at the Public Hearing; and WHEREAS, the Planning Commission found that the proposed amendment will be consistent with the Saratoga City Code; and WHEREAS, pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby recommend to the City Council that Sections 14-25.110 and 15-80.090 and Article 16-60 of the Saratoga City Code be amended to read as shown in Exhibit A attached hereto. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on June 28, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission • Item 5 REPORT TO THE PLANNING COMMISSION Applicant/Owner: City of Saratoga Prepared by: John F. Livingstone AICP, Community Development Dir. and Jonathan Wittwer, City Attorney Type of Application: Zoning Text Amendment -Section 15-12.160 Meeting Date: June 28, 2006 APN: City Wide Dept. Head: ~~G v John F. Livingstone, AICP SUBJECT: An Ordinance of the City of Saratoga amending Section 15-12.160 of the Saratoga City Code relating to storage of personal property, including boats and recreational vehicles. RECOMMENDED ACTION: Conduct a Public Hearing on a proposed amendment to Section 15-12.160 and make a recommendation to City Council regarding regulating the storage of personal property, including boats and recreational vehicles. STAFF REPORT: Complaints have been filed with the City regarding the storage of boats and recreational vehicles in front yardsl on private property for five days and periodically removed to another location for 72 hours before being returned for further storage in those front yards. Some residents have contended that the "five day rule" in Section 15-12.160(b) applies onlyto trash, garbage and refuse under Subsection 15-12.160(b)(6) because the prohibition on returning the personal property to the front yard is physically located under that Subsection. The City's position is 1 While the complaints have centered around storage in front yards, Section 15-12.160 applies to front yards, exterior side yards or rear yards of corner lots, and rear yards of double frontage lots. The amendment will also apply to each of these yards. ' that Section 15.12-160 is properly interpreted to read that the limitations on storage of personal property and materials in the required front yard applies to storage of all items listed in Subsection 15-12.160(b), not just trash, garbage and refuse. The City's position is also that such storage is limited to five total days and the personal property stored for five days cannot be removed after five days and then stored again on the property based on the language which limits storage to five "consecutive" days. In order to avoid disputes regarding Section 15-12.160, it is recommended that the language be amended to clarify the existing law. Therefore, the language with regard to the items to which the "five day rule" applies has been amended in the attached proposal to make it clear that the "five day rule" applies to all items listed in Section 15-12.160, Subsections (1)-(6) of Subsection (b). As amended the ordinance would expressly state that removal of an item does not authorize subsequent storage of the item again for any additional time. The amendment would clarify that no item removed or prohibited by Subsection 15-12.160 from continuing to be stored may again be stored on such site or yard unless screened from public view in compliance with Subsection (c) or pursuant to a temporary use permit issued pursuant to Subsection (d). In addition, the word "consecutive" has been deleted in front of the word "days" to eliminate any argument that interruption of the storage period allows the time limit on storage to start over. In reviewing Section 15-12.160, staff recognized that recreational vehicles are not a listed item in the current Section 15-12.160. Therefore, staff also recommends that the language in Subsection 15- 12.160(b)(2) referencing "trailers of any kind or make" be clarified to include any "recreational vehicle." Recreational vehicles have, therefore, been expressly listed in the amendment as among those items which are subject to the "five day rule." In summary, under the proposed amendment to Section 15-12.160, no portion of any required front yard, exterior side or rear yard of corner lots, and rear yards of double frontage lots may for any period of time in excess of five days be used for the unenclosed storage of any of the following: (1) Motor vehicles except automobiles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Recreational vehicles and trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in (1), (2) or (3) of this subsection. (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. (6) Trash, garbage or refuse, except as provided by Article 7-OS in Chapter 7 of this Code. No item removed or prohibited by the foregoing from continuing to be stored may ever again be stored in any required front yard, exterior side or rear yard of corner lots, and rear yards of double 2 frontage lots unless screened in compliance with existing Subsection (c) of Section 15-12.160 or pursuant to a temporary use permit issued pursuant to Subsection (d) of 15-12.160. ALTERNATIVES: • Decline to amend the City Code and leave City staff to continue enforcement of storage of personal property and materials pursuant to the current Section 15-12.160. • Establish different standards for storage of personal property and materials. FISCAL IMPACTS: Not applicable FOLLOW UP ACTION(S): Adopt reconunendation for consideration by City Council ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice given pursuant to Government Code Sections 65853 and 65090. ATTACHMENTS: 1. Resolution Recommending Adoption of Ordinance 2. Draft Ordinance -Exhibit A C • • Attachment 1 APPROVAL OF Resolution No. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has determined that Section 15-12.160 of the Saratoga City Code should be amended to clarify the enforcement requirements of the City of Saratoga as the Section relates to storage of personal property, including boats and recreational vehicles; and WHEREAS, the City of Saratoga Planning Commission has reviewed a proposed amendment to Section 15-12.160 relating to storage of personal property such as boats and recreational vehicles; 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 the Planning Commission has considered the proposed amendment and all testimony and evidence received at the Public Hearing; and WHEREAS, the Planning Commission found that the proposed amendment will be consistent with the policies other provisions of the Saratoga City Code; and WHEREAS, pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Now, THEREFORE, the Planning Commission of the .City of Saratoga does hereby recommend to the City Council that Section 15-12.160 is hereby amended to read as shown in Exhibit A attached hereto. • PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on June 28, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission • • a • ,~ Attachment 2 r 1 L_~ Exhibit A ORDINANCE AN ORDINANCE AMENDING SECTION 15-12.160 OF THE SARATOGA CITY CODE RELATING TO STORAGE OF PERSONAL PROPERTY AND MATERIALS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., see~rt). Text in standard font remains unchanged by this ordinance. Section 15-12.160 of the Saratoga City Code is amended to read: 15-12.160 Storage of personal property and materials. (a) Unenclosed storage of personal property is not permitted in any R-1 district. (b) No portion of any required front yard, and no portion of any required exterior side or rear yard of corner lots, and rear yards of double frontage lots, except as hereinafter provided, shall ~;.,° for any period of time in excess of five ~ days be used for the unenclosed storage of any ^r *'~° ~^"^~••~^rt item listed in subsections (11 throunh (61 below. Removal of such an item does not authorize subsequent storage of the item main for anv additional time. No item removed or prohibited by this section from continuinn to be stored may ever again be stored on such site or vard unless in compliance with subsection (cl of this Section or pursuant to a temporary use permit issued pursuant to subsection (dl of this Section. (1) Motor vehicles except automobiles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Recreational vehicles and trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in (1), (2) or (3) of this subsection. (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. (6) Trash, garbage or refuse, except as provided by Article 7-OS in Chapter 7 of this Code. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of five consecutive days where a fence has been legally constructed of sufficient height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, m cases of practical difficulty or hardship, to grant temporary permits for storage of the items of property described in subsection (b) of this Section in front, side or rear yards of sites for limited periods of time in excess of five consecutive days. Application for such storage permits shall be in writing, on forms furnished by the City, and any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. (e) For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely enclosed within a structure or completely screened from public view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code. Section 2. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the day of , 2006, and was adopted by the following vote following a second reading on the day of , 2006: COUNCII, MEMBERS: AYES NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: NORMAN KL1NE, MAYOR CATHLEEN BOYER, CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: RICHARD S. TAYLOR, CITY ATTORNEY • 2 • • CITY OF SARATOGA /~~~ REQUEST TO ADDRE THE tLANNIr NAME /~,~~ ~/~L~C' ADDRESS 1~~~ Z y~ -o~ SUBJECT ,~ S " /2 -. `~ 6 AGENDA ITEM NO. ~ S''~ ~ ~G~ATE TIME OF DAY CARD IS FILLED OUT COMMISSION ~~- F ~ TELEPHONE NO. U~ ~G ' z,~3 G ~v ~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called-upon to address the Commission on any subject during the time that the members-are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. lapis asianai uo suoi~~n.r~sut pEa~ asgai~ ~~~ ~ ~S~ -~' ~7 ~~ ~~ - t .Lf10 Q~'I'II3 SI Q2I~'~ ~~'Q 30 ~Y~iIs ON ~1~IOHd~'I~,L~, $2/.~ ~.L~Q ~' 'OI~I y~I~,LI `~a~ta~~; ~C-~ 7 uolssualaoo oxlxx~za ~I.L ss~xam~ of is~na~I ~001,~'2I~v'S 301~.LI~ ,L~~fSC1S SS~2IQQ~ ~Y~lb'N •pa~~taa.~dd~ s~ ssautsnq atjgnd3o ~onpuoo aq~ ut ~sara~ut mo~C puE `s~ut~aauz uotsstunuo~ ~utuu~id III Pua~~ o~ auzoajann a.z~ nod •~no pang are sprea asap rapro a~ ui paz~ooai aq ilTnn sra~adg •~aafgns a~ uo meads o~ sausinn ognn aauatpn~ auk ~o raquiauz ~u~ az~oaar tiTnn rreu~ aq~ `aeon g o~ ioud pug `uotssnostp ~uinnojio3 •uza~t a~ ~uissnosip are sraquzauz auk ~~~ auzt~ a~ Suunp ~oafgns ~Cu~ uo uotsstunuo~ a~ ssarppe o~ uodn paij~a aq iitnn aauatpn~ a~~o raquzaui oN ssnasip o~ gsinn-no~C uza~t ~pua~~ aq~ uodn ~uauzuxoa o~ ssaaord pug ssarpp~ pug auz~u mo~C a~~~s `r~q~ a~ uzoz~ uot~~oaa.~ ~utniaoar rags `pug umr~soi a~ uaEOrdd~ as~atd ~I~IOISSIWI~tO~ ~I~III~I1~I~v"Id NHS, SS~2IQQ~ OZ O1~iRIIS~Q I~IOS2I~d ~I~ lapis as~anai uo suot~angsut p~ai aseatd) ~ ~~ ,Lf10 QS'I'II3 SI Q2i~'~ 1~dQ 30 3NiI,L ~,.~ ?~-~ 'ON ~NOHd~'I3~~°~~~,L~'Q 'ON I~I~ZI dQI~I~IJd J ~ -7_ _ i~~rgrls -~-~~ , , . ~~ ~ i ss~Iaa~ Y ., .~ ~ ..~ J ci - ~ ~ ~~N I~iOISSII~1II~~i0~ Oi~ti[~ii~id'Id ~II.L SS~IQQ~v' OZ ZSdIla~I dOO.L~2IdS 301C.LI~ •pa~~iaazdd~ si ssautsnq otignd,~o ~onpuoa auk ut ~sa~a~ut mo,~ pug `s~ui~aauz uotsstunuo~ ~utuu~id Its Pua~~ o~ auzoaiann a~ nod •~no pair a.re spa asau~ ~apzo aul ui paz~oaaz aq iiinn s.~a~ads •~aaCgns aul uo meads o~ sausinn Dunn aauaipn~ auk 30 .~aquzauz ~Cu~ azn~ooaz iiinn .~iEu~ auk `aeon ~ o~ Loud pug `uotssnasip ~utnnoiio3 •uza~t auk ~uissnasip are szaquzauz au1 ~~u~ autt~ auk ~uunp ~aaCgns ~u~ uo uotssiunuo~ aui ssaipp~ o~ uodn paii~a aq iitnn aauatpn~ au~~o .zaquzauz oN ssnosip o~ ustnn nod uia~t ~pua~n auk uodn ~uaunuoa o~ ssaao.zci pug ssarpp~ pug auceu mo~C a~~~s `i~u~ auk uzor~ uot~tu~oaai 3utntaaai ia}~~ `puE uznusoi auk ua~ozdd~ aseaid ~I~IOISSII~IL~IOfO O1~IIi~iI~'Id ~H,L SS~Q(I~' OZ O1~IRIIS~Q I~IOS2I~d 1~I~I~ NAME ADDR: SUBJECT ~' l~~' -~ G r ~ rYl ~ ~ , ~ ~. 1^ % i~ Wes, ~ AGENDA IT M NO. - )..2. I ~dDATE -.~~-~G TELEPHONE NO. ~ -//~8 TIlVIE OF DAY CARD IS FILLED OUT ~~ ~ ~, (Please read instructions on reverse side) CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA TO ADDIjS ~ PLANNING COMMISSION NAME D ADDRESS ~ ~ y 2 ~ SUBJECT S ~ 9 ~ p q AGENDA ITEM NO. DATE ~ L~ ~ , TIl~IE OF DAY CARD IS FILLED OUT L, ~ .~ / TELEPHONE NO. Y ~ Z -~ ~ /~ ~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you-wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members areandis inembe of the udielnce who wishes toy and pnor to a vote, the Chair will recognize y speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQ T TO ADDRE S THE PLANNING CONIl~IISSION NAME ~~ / YJ ~ ~ ~''l ADDRESS /.~~/ 1 ~~~ ~sTn~O~ ~. Uv~ 0 ~.^mi.~ v suBJECr. AGENDA ITEM NO. s DATE TIME OF DAY CARD IS FILLED OUT OG TELEPHONE NO. ~y o v 6 ~ 7~ ~ I (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME ''~~ ~ ~ ~ r~--~~...~ - ADDRESS 1~. SUBJECT~~ AGENDA ITEM NO. `~_DATE ~~ 0 TIME OF DAY CARD IS FILLED OUT_ - "'~ ,~ J•,~~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you-wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME ADDRESS sUBJECT a / / ^, r P.e/~ l ~- ~~~r~ AGENDA ITEM NO. DATE vG a2 ~'`-~I~TELEPHONE NO. '~~,~ 3 7~ ~~~' TIME OF DAY CARD IS FILLED OUT~~ ~5 p~T (Please read instructions on reverse side j ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, a$er receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the ennr~nct nfnuhlic business is annreciated. CITY OF SARATOGA REQUEST TO ADDRESS T CANNING COMMISSION NAME S ~ ~ ~ L-C~ ~~ Q ~ ~ ~fJ w ADDRESS ~ '7~v =~- i ~' SUBJECT ~'~^- `~~----~0 r^- ~~ S z~ ~,~., i ~ - ~ 2~ ~ ~ AGENDA ITEM NO. DATE ~ t- a ~ TELEPHONE NO.~~ ~ ~ ~"~ ~ ~~ TIME OF DAY CARD IS FILLED OUT ~~ ~- P .~ -- (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS TIE PLANNING COMMISSION NAME S ADDRESS li SUBJECT G ~ , AGENDA ITEM NO. S DATE~~Z~_TELEPHONE NO._~~~~~ TIME OF DAY CARD IS FILLED OUT ~ ~'~ ,ph., (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are. discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME Kl~ ~~ `'~ ' - ADDRESS o ~ Yid rev G T ~' SUBJECT 2 ~ ~~-~~~~U ~ _ NO. DATE G Z D6 TELEPHONE NO.~~~ AGENDA ITEM _ TIME OF DAY CARD IS FILLED OUT o t~ S (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COD'IMISSION NAME ...~ P7 ~ N1 L-~ ~ 1 N !7 ~ L, -- /,~ PPC. (c A~ T ADDRESS ~ 2 ~ o C-~+4 ~ k c~ ~ ~ n(~ t-t e. ~', SUBJECT sd/,3l7J1/'!<S't ©~./ L_~/~/ T2/-tJ~(~L ~' j ~ /~/ AGENDA ITEM NO. ~ DATE ~ ~S UbTELEPHONE NO. 7 ¢ ~ ' ~ J S 9 TIME OF DAY CARD IS FILLED OUT q ~ 3 a ~~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you-wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUE/ST TO ADDRESS THE PLANNING COIVIlVIISSION NAME ~ ~'Y l ~D G.~jT -j~-!' - ADDRESS ~~~ ~ u/' ~lD l~r~L ~'~--. SUBJECT ~T~s~-~ ~~ AGENDA ITEM NO. ~ DATE ~ ~'7 ~~ TELEPHONE NO. Z `~ ' ~~ ~ ~ TIME OF DAY CARD IS FILLED OUT ~~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COA~VIISSION NAME ~~ ~ ,C~~ ( . ~, ~~- ~ ~ ~~' - ADDRESS /_ 5"3,s S ~ ~ c _ ~r G ~ ,~; ~~ /~,~ ~ SUBJECT ~ 2 ~ ~ ©G' ~~'I r /'/` ^ ~I~~~" ; ~ ~c~ AGENDAITE NO. DATE_d~.~~2~ ~I~TELEPHONENO. ,~G7-o/y~; TIME OF DAY CARD IS FILLED OUT ~ = ~S ~ I~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME A"1 ~r~~ h ~ r- I t~ L'; C'+, ADDRESS 5 3 yz `~ ~n~~i'~.~ 1Ld .~~- SUBJECT n'! ar ~~c~ c ~~ ~~c~~t~ ~r i ~,-Et~n~~ 13`l?S `~°~~SC. l_~..,~. AGENDA ITEM Nd. ~ DATE ~ - ~ ~ - C'~_TELEPHONE NO. ~y~-h X%~1-515 TIME OF DAY CARD IS FILLED OUT ~ ~~U -~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cazds are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the rnnrlnct nfnuhlic husinesc is annreciateri CITY OF SARATOGA NAME ADDRESS SUBJECT AGENDA ITEM NO. DATE - ? -- d TELEPHONE NO. '~s~-=~ ~l,.S~ TIME OF DAY CARD IS FILLED OUT ~p ~ `~ ~ M , (Please read instructions on reverse side) . REQUEST TO ADDRESS THE PLANNING COMMISSION ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO~A/D~ THE PLANNING COMMISSION NAME `'~ ~ G'1/ u ~ ~ ~' . ADDRESS /~ ~ Gc, d G SUBJECT ~~G~ ~ / A ~G1, ~ AGENDA ITEM NO. DATE ~`" TELEPHONE NO.~~y~l~ f TIME OF DAY CARD IS FII,LED OUT ~ ~~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO AjD1DRESS THE PLANNING COMMISSION NAME- ~ ~ ~,S ~ ~-~I ~ t 1 ~ ADDRESS SUBJECT AGENDA ITEM NO. I DATE Z TELEPHONE NO. ~~ ~ -~ y3I TIME OF DAY CARD IS FILLED OUT_ ~ ,' Q~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after ent u lon the agenda ie you wish to discuss name and address and process to comet p No member of the audience will b gibers are discuss gethe it m~ Fo lowing discussion, subs ect during the time that the me and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMA'IISSION 5 ~ S/~ I ~S' ~i ADDRESS SUBJECT D~ _3 g~ ~~j8~- S -~ 3 AGENDA ITEM NO. - 3 i3'~, DATE G %2 g-OG ,TELEPH(~I NO.~_~ ~c~ ~j ~s TIME OF DAY CARD IS FILLED OUT ~ O ~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. O('~~~ CO~Y~ ~~l~t ~~ ~~~~~ CITY OF SARATOGA J REQUE T TO ADD SS THE PLANNING COMMISSION NAME 1~ ~ ' (~C ADDRESS ~ G ~ SUBJECT Q~ ,~w~~ ~ r AGENDA IT NO. DATE ~ ~v TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT ~ ~ ~I.Ov+,- ~~--. ~i (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience~who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA ADDRESS THE PLANNING COMIVIISSION NAME ~ ~~~~e~ ADDRESS ~ SUBJECT QOG~ ~ _ '~~15 AGENDA ITEM NO. DATE i ~SII~DELEPHONE NO. ~ °i-' (~ ~ 1 TIME OF DAY CARD IS FILLED OUT~~ , U ~ ,~~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, a$er receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMNIISSION NAME : J ~ ~ ~f~ ~ ~ 1/ ~ !~ ADDRESS ~.~ 6 y~ ~~ ~f o,rnv j/L SUBJECT /~ i) ; 7 ~i ~ ~ ~r ~ ~ ~. ~i ~ L ~- y~l AGENDA ITEM NO. 06 y /l DATE ~ Z ~'1 L TELEPHONE NO. L ~ ~~ ~7 ~ L TIME OF DAY CARD IS FILLED OUT ~ ~.~ ~ ~, (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO AD~JRESS THE PLANNING COMI~IISSION NAME 'rN' a I ~d ADDRESS SUBJECT AGENDA ITEM NO ~~n z llil ~.~1~1 DATED ~' d TELEPHONE NO.~ ~ln ~- ~`~ y( TIME OF DAY CARD IS FILLED OUT (~"~;S`3 -~_bvt. (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMIVIISSION NAME ~~~~ ~ ~' ~i.P ~ ~~~ ADDRESS SUBJECT ~ ; ~ 1_~ AGENDA ITEM NO. DATE TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT "> ~ ~ -~ c'~` v (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will rewognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated.