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HomeMy WebLinkAbout07-11-2006 Planning Commission PacketCITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, July 11, 2006 - 3:30 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #06-405 COMERICA BANK 14410 Big Basin Wy. 2. Application #06-218 GREEN _ 13000 Paramount Ct. 3. Application #06-311 KANSKY 16150 Cuvilly Wy. 4. Application #04-359 BYRD 19930 Sunset Dr. 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, July 12, 2006 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Joyce Hlava, Jill Hunter, Robert Kundtz, Susie Nagpal, Yan Zhao and Chair Linda Rodgers PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of June 28, 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 July 6, 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 #06-411 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 may be stored. (John Livingstone) (This item is continued to this agenda from the 6/28/06 public hearing) 2. APPLICATION #06-311 (517-13-034) KANSKY, 16150 Cuvilly Way; -The applicant requests Design Review approval to construct a new single-family dwelling on a currently vacant lot. The dwelling will consist of approximately 6,077 square feet, including a garage approximately 762 square feet in size. The height of the structure will not exceed the 26-foot height limitation. The site is located in the R-1-40,000 zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-45.060. (Shweta Bhatt) 3. APPLICATION #04-359 (510-26-001) BYRD, 19930 Sunset Drive; -The applicant requests Design Review approval to construct a new single-family dwelling on a currently vacant lot. The dwelling will consist of approximately 5,574 square feet, in addition to an approximately 5,181 square feet basement and a 728 square feet detached second dwelling unit. The maximum height of the home will be 26 feet. The site is currently located in Santa Clara County within the City of Saratoga's sphere of influence and in the Hillside Residential [HR] prezone. A request to initiate annexation of this approximately 86,153 (gross) square foot parcel to the City was approved by the Saratoga City Council on June 7, 2006. (Lata Vasudevan) 4. APPLICATION #06-405 (517-09-043, 517-09-018, 517-09-044) Comerica Bank (tenant)/Iliekali (property owner), -14410 Big Basin Way; The applicant requests a Conditional Use Permit to establish a financial institution (bank) with an ATM in an existing approximately 5,249 square-foot vacant tenant space in the newly remodeled Corinthian Corners commercial complex. The bank will face Big Basin Way, abutting Starbucks Coffee Shop, with entrances from Big Basin Way as well as the side parking lot facing Saratoga Los Gatos Road. The net lot size is 16,180 square- feet square-feet and the site is zoned CH-1. (Therese Schmidt) 5. APPLICATION #06-218 (503-81-005) GREEN, 13000 Paramount Court; -The applicant requests Design Review Approval to demolish atwo-story single-family residence and accessory structure and construct atwo-story residence with an attached two-car garage and carport. The total floor area of the proposed residence will be approximately 5,715 square- feet including the attached garage and carport. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 36,873 square-feet and the site is zoned R-1-40,000. (Therese Schmidt) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, July 26, 2006 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notiftcation 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 July 6, ~~ Saratoga Planning Commission Minutes for June 28, 2006 Page 1 • MINUTES SARATOGA PLANNING COMMISSION • • DATE: Wednesday, June 28, 2006 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Rodgers called the meeting to order at 7:03 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Hunter, Nagpal, Rodgers and Zhao Absent: Commissioner Kundtz Staff: Associate Planner Lata Vasudevan, Associate Planner Therese Schmidt, Contract Planner Deborah Ungo-McCormick, Assistant Planner Suzanne Thomas and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES- Regular Meeting of June 14, 2006. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission minutes of the regular meeting of June 14, 2006, were adopted as submitted. (6-0-1; Commissioner Kundtz was absent) ORAL COMMUNICATION Ms. Kathleen Casey Coakley: • Encouraged having the downtown designated historic and said that the Commission should encourage Council to do so. • Said that a Heritage Lane Initiative would be submitted to the Heritage Preservation Commission. • Stressed the need to educate the public on the issue of historic designation and the benefits to owners of historic properties. • Urged the Commission not to allow the Village to become a Santana Row, stating that she would fight that trend. • Mentioned plans for dedicating Oak Street to honor actress Olivia D'Haviland. • Stated the importance in not having monster houses in the Saratoga Village. • Asked if a contractor has been hired for the General Plan Update. • Stated that the website has zero information on heritage lane designation. Planner Lata Vasudevan advised that a contractor has been hired for the General Plan Update. Saratoga Planning Commission Minutes for June 28, 2006 Page 2 ~'' REPORT OF POSTING AGENDA Planner Lata Vasudevan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 22, 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. *** PUBLIC HEARING -ITEM NO. 1 • APPLICATION #06-388 (389-46-013) -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 No. 05-048.- The site is zoned R-1 10,000. (Therese Schmidt) Associate Planner Therese Schmidt presented the staff report as follows: • Reminded that the Planning Commission granted a Conditional Use Permit on October 26, 2005, to allow the addition of two modular structures and a trash enclosure. This also required the removal of accessory structures. • Explained that the site is occupied by Sub-Acute, which services patients between one and 19 years of age. It has been in operation since 1961 and has received various Use Permit approvals over the years. • Stated that this evening the applicant is seeking to modify the plans approved with the October Use Permit and to extend the time of completion outlined in the Resolution that granted this Use Permit. • Reported that this site was issued. a "Stop Work" order on .April 28, 2006. At that time the Building Official discovered that a trailer had been relocated on the site without permit, three protected palm trees were removed, native vegetation was removed and occupancy of one of the modular structures had occurred without issuance of an occupancy permit. • Stated that the applicant is asking to modify their plans and to extend the deadline established in Condition 21, which-was April 26, 2006. • Said that Building D was red tagged and the applicant was told to vacate Building D until occupancy permits are obtained. Saratoga Planning Commission Minutes for June 28, 2006 Page 3 • Advised that the applicant is asking that they not be required to vacate Building D but rather be allowed to use the building for storage. • Explained that an additional structure, atent-like movable structure, was added to the site. While this may not require a Building Permit, it will require zoning clearance and would have to be counted against lot coverage. • Said that the Commission could ask for the removal of this tent-like structure or elect to include it in what is being considered. • Stated that during the site visit, it was discovered that one of the three bedroom units that are supposed to be available for parents visiting their children at Sub-Acute, one of those three bedrooms is currently being used for storage. This third bedroom is also serving as a mechanical shop, which needs a firewall. • Outlined several options for the Commission this evening, including: o Approving the modifications, o Modifying the request to include the added structure (cautioned that no. FAR ratios are available with this addition), o Allow an extension of time to January 26, 2007, along with the continued use of Building D for stora~e, to allow the applicant to fulfill all of the conditions of approval from the October 26 Use Permit resolution. o Continue consideration of this Modification to allow an update to -the proposed landscape plan to depict what is actually on site or proposed to be added on site. • Reported that this project is Categorically Exempt under CEQA. -City Attorney Jonathan Wittwer clarified that this Commission is considering what is noticed, which is the modifications to the approved site plan. Commissioner Cappello asked about the impervious surface ratios. Planner Therese Schmidt said that with the additions and changes to the proposal this cannot be verified tonight by staff. Commissioner Cappello asked if they are at 61 percent impervious coverage is that a variation to the standard. Planner Therese Schmidt replied yes. Commissioner Nagpal asked for clarification that the Commission couldn't consider any new issues this evening. City Attorney Jonathan Wittwer replied that the Commission is limited to what has been noticed. Planner Therese Schmidt said that any other issues would have to be continued. Commissioner Nagpal asked if the Commission could give direction and comments. City Attorney Jonathan Wittwer replied that the commission could offer direction but could not make decisions on new items. Saratoga Planning Commission Minutes for June 28, 2006 Page 4 Commissioner Cappello asked about the proposed changes and the request for an extension of time. Planner Therese Schmidt pointed out that the plan provided to support tonight's request for a modification to the landscape plan does not contain the new tent-like structure discovered during the site visit and is therefore not accurate. Commissioner Nagpal asked staff to verify that Exhibit A is not accurate. Planner Therese Schmidt replied that it does not include what was on site yesterday. City Attorney Jonathan Wittwer said that the applicant is also requesting a modification of the site plan to add a children's play area. Planner Therese Schmidt said that this play area is on Exhibit A. Commissioner Nagpal sought clarification that the applicant, through Exhibit A, is asking for the approval of occupancy for Building D and an extension of time. Planner Therese Schmidt replied yes. Commissioner Hunter expressed surprise that a temporary structure such as this would require any special sort of approval. Planner Therese Schmidt explained that while it does. not require a Building permit, clearance is required against total FAR (floor area ratio). Chair Rodgers opened the Public Hearing for Agenda Item No. 1. Mr. Mike Zarcone, Applicant and Director, Sub-Acute: • Thanked the Commission for its time. • Stated that he has been working to subtract hardscape to bring total impervious coverage to below 50 percent and has submitted plans. • Said that they have been struggling to make all of this work. • Said that they received an approval by the Planning Commission on October 26, 2006, that including the new buildings they needed. • Said that they did convert a~former guest sleeping room into a storage facility. They also converted the use of this room into a workshop when the family that had been using it long-term left. They were unaware that there were specific building requirements for tools. • Explained that they had to remove two metal containers from the site that used to house wheelchairs and tools. • Agreed that he screwed up and apologized. • Admitted that they are working so hard to advocate for kids. • Added that weather was their biggest adversary in completing this project. • Said that when the received the red tag, they had to take a storage building out and left them with no place for wheelchairs to go. Right now they are trying to protect wheelchairs Saratoga Planning Commission Minutes for June 28, 2006 Page 5 with the temporary awning, as there is no room inside the hospital for wheelchair storage Chair Rodgers said that the good work of Sub-Acute is appreciated. The City wants to help them not harass them. that meets Fire exiting requirements. • Suggested that they could relocate the temporary awning by three feet to meet setbacks for temporary use to protect wheelchairs. • Stated that he knows they are considered a nuisance by his neighbors but said that this hospital does a lot of good. • Stressed that the bigger issue is the kids, who are important to them. • Stated that it is important to get these kids out of ICU units. • Pointed out that most are not able to enjoy adventures away from the hospital, which is the reason for the on-site play area. • Added that surfaces have to be ADA approved in this play area such as grass, sand or tanbark. • Assured that they are not trying to create a hardship for the City, they are just trying to get by. • Asked for the extension in time to allow them to complete the plan approved in October. Commissioner Nagpal: • Echoed her appreciation for what Sub-Acute is doing for children. • Said that it was humbling to go through their facility last October. • Said that their compliance history is a big issue and the Mr. Zarcone had assured the Commission that it would not be. New things have been identified on the site visit that changes the application. • Asked Mr. Zarcone how much time is needed to complete their plan.. Mr. Mike Zarcone advised that he brought in a contractor to work with the city. Unfortunately, that contractor was diagnosed with melanoma and was unavailable for a while during treatment. Commissioner Nagpal pointed out that an additional structure on site is not consistent with the Use Permit. She asked how it might be possible to avoid such a piecemeal application. She asked if there is a facilities manager. Mr. Mike Zarcone said that they have a maintenance man. Milton Wheeler is their primary on the facilities. He added that they didn't think it was an issue to use-one of the guest rooms for storage and a workshop. They also didn't think the use of the temporary awning would have been a big deal. Commissioner Nagpal said that at some point the use of this site would be maximized and that oversight reassurance is necessary by Sub-Acute. Mr. Mike Zarcone said that they have to make due with what space they have. Chair Rodgers asked staff if it might be possible to obtain a temporary permit for storage. Saratoga Planning Commission Minutes for June 28, 2006 Page 6 Planner Therese Schmidt replied yes but that there is a process required for a temporary locker. Chair Rodgers asked if there is a maximum time allowed for temporary storage. Planner Therese Schmidt replied yes but that she would need to look at the Code to advise the Commission on what that time limit might be. Commissioner Hlava asked if the building that has been red-tagged by the City is what was intended for permanent wheelchair storage and a workshop. Mr. Mike Zarcone -said that the container previously used to store wheelchairs is what was red-tagged .and removed from the property. Commissioner Hlava asked what the.use would be for Building E. Mr. Mike Zarcone replied that it would house medical records, office space for the therapists, a conference room and back up storage. Medical supplies are stored in Building D. Commissioner Hlava pointed out that it appears that no permanent plans are in place yet for storage of wheelchairs or the maintenance guy. Mr. Mike Zarcone suggested that this could be solved with the return of the container that had to be removed. Chair Rodgers asked Mr. Mike Zarcone if they have considered off-site storage. Mr. Mike Zarcone said that they are currently spending $400 a month for off-site storage but that they need most of their equipment to be available on site. Commissioner Cappello asked staff if Exhibit A reflects what was approved in October Planner Therese Schmidt replied no. The wheelchair shed was marked on the approved plan for removal and replacement with three parking spaces. Tonight's Exhibit A was submitted on June 1S` and represents the proposed modified landscape plan. Commissioner Cappello pointed out that storage for wheelchairs is not depicted on the approved plan. Planner Therese Schmidt agreed that nothing on the plan approved included wheelchair storage. Mr. Mike Zarcone replied that they had always wanted to keep the shed already removed for the storage of wheelchairs. Saratoga Planning Commission Minutes for June 28, 20.06 Page 7 Commissioner Cappello reminded Mr. Mike Zarcone that the need for wheelchair storage has never been outlined on plans. Mr. Mike Zarcone said that the previous container for wheelchairs is gone .now. Commissioner Zhao asked staff for the reason for the removal of the storage building. Planner Therese Schmidt said that they could keep it on another part of the property but the applicant didn't request a location on their plan for that shed. Commissioner Zhao asked if it could be considered. Planner Therese Schmidt replied yes but that floor area ratios, coverage and setbacks are not included on the plan submitted for this addition. Commissioner Nagpal said that she is struggling here. There does not appear #o be an application with all of the things needed by Sub-Acute here to review that is accurate. Planner Therese Schmidt said somewhat. Commissioner Hunter asked if all the required items would be done if another six months time were given. Mr. Mike Zarcone replied very much so. Commissioner Hunter thanked Mr. Mike Zarcone and his staff for what they do. Chair Rodgers said she echoed that same sentiment. She reiterated that Sub-Acute is asking for six more months and questioned whether during that time some resolution would be reached. Mr. Mike Zarcone said that it would be his responsibility to work closely with staff and to check before making any changes to the plan. He pointed out that they deal with tons of regulations when running a hospital. Chair Rodgers suggested that the order of things to be done must be established. Mr. Mike Zarcone assured that he would work with the Building Department to make sure that happens. Ms. Rose Silver, Director of Nursing, Sub-Acute: • Said that this is a plea for more time. • Asked that they not be required to vacate Building D that serves as central supply as it would be a hardship to operate without it. With it, staff can get what it needs, when it is needed. Without Building D's storage, it would be dangerous. • Pointed out that Mike Zarcone has the biggest heart. Saratoga Planning Commission Minutes for June 28, 2006 Page 8 Ms. Theresa Mills, rear neighbor: • Advised that since the October meeting, the relationship with Sub-Acute has dramatically .improved. • Said that she looked at the landscaping plan today and noticed that three Chinese Pistache trees are proposed near her property. • Reported that this tree gets real large with an extensive canopy that will shade her property more than is compatible with her existing landscaping. • Said that instead one tree is more appropriate for this area and suggested use of a Crape Myrtle. • Informed that she called Mr. Mike Zarcone on more than five occasions when- children where playing unsupervised in the parking lot, which is not a safe place for children to play. • Said that she believes these children are likely siblings of patients. Commissioner Cappello asked if the proposed trees are listed on Exhibit A. Planner Therese Schmidt said that Exhibit A does not include the landscaping or play area. Commissioner Cappello reiterated that there are no plans Planner Therese Schmidt said no. Commissioner Nagpal asked if the Commission could approve an exhibit it does not have in its packet. City Attorney said that there is a set available in the Planning office and one is posted here tonight. Ms. Carol Walker, rear neighbor: • Said that she lives directly behind Sub-Acute. • Stated that she has an issue with landscaping and with unsupervised children who are screaming, riding bicycles and throwing things over her fence. • Added that these may be visitors of staffs kids. Ms. Jackie Lee, neighbor: • Identified her home as being located to the left of the hospital. • Said that she has two concerns with the proposed plan. One is the proposed arbor. She asked that it be meets Code standards. Said that the October plan showed low-growing hedges along her fence. The new plan shows a shrub, which she understands after consulting with a nearby nursery, gets more than 25 feet tall. • Stated that Mr. Mike Zarcone has agreed to change to-another shrub that stays between eight and ten feet tall. • Said that the wisteria can stay but any new arbor structure constructed should meet setback standards. Ms. Lynn Hennessee=Cordia: Saratoga Planning Commission Minutes for June 28, 2006 Page 9 • Advised that she is a resident of Gilroy with afive-year-old grandson who lives at Sub- Acute. • Stated that she loves-Mike Zarcone and what he does there. • Added that Sub-Acute needs a backyard for kids. • Explained that her grandson fell into a pool, died and was revived. Today he's five and living at Sub-Acute. Ms. Kimberly Cordia, Sub-Acute patient's mother: • Said that her son is at Sub-Acute. He is a quadriplegic who is in a wheelchair. • Said that Sub-Acute is a place for kids to feel at home. It is where they live and have fun. • Stated that Mike Zarcone has done wonderful things for our kids. • Added that she hopes this time extension is granted. Mr. Mike Zarcone: • Stated his willingness to make landscape material changes to resolve the concerns raised by his neighbors. • Assured that the hedge growing along Ms. Lee's fence will be kept at fence height. • Agreed to remove some swings and lock up toys after 4 p.m. to limit noise of siblings playing. Commissioner Hunter said that trees need to be located near the play area to offer shade. Mr. Mike Zarcone agreed. Commissioner Cappello said that he is afraid that even if the posted plan is approved there may still not be enough storage to meet the needs of Sub-Acute. He asked Mr. Mike Zarcone if he is okay with his proposed plan. Mr. Mike Zarcone said that if he can bring it back in the future, he would like to add a shed or container for the storage of wheelchairs. Commissioner Cappello asked Mr. Mike Zarcone if he would prefer to receive approval for that wheelchair storage on this plan. Mr. Mike Zarcone replied yes. Commissioner Zhao asked where this wheelchair container would be added on site later. Mr. Mike Zarcone replied where it is occurring right now with the temporary structure. Commissioner Zhao asked staff if this would require a permit. Planner Therese Schmidt replied yes. Commissioner Hunter asked if staff could be directed to do so. Saratoga Planning Commission Minutes for June 28, 2006 Page 10 City Attorney Jonathan Wittwer said that this represents another modification to the Use Permit. Commissioner Nagpal asked if this means a return to the Planning Commission. City Attorney Jonathan Wittwer replied yes. Commissioner Hlava expressed concern that having the maintenance area next to the is notsafe~. ~ Mr. Mike Zarcone said that cone-hour firewall is required as a safety feature and has been installed. Commissioner Zhao pointed out that the plan under discussion tonight is not final and asked if it might not be better to wait until the entire plan is ready. Mr. Mike Zarcone said he would like to be able to proceed with the installation of the landscaping. Chair Rodgers questioned if the deed restriction for the parking agreement has been finalized and suggested that it might be possible to add extra storage to that deed restriction. Chair Rodgers closed the Public Hearing for Agenda Item No. 1. Commissioner Hlava: • Told Mr. Mike Zarcone that she hopes he understands that if this application were for a commercial use, the Commission would not be making the extra effort it is making here tonight. • Said that she does not want to ask them to vacate Building D. • Said that a Master Plan or a plan that reflects in reality what is there today is needed, one that reflects the commitments made to the neighbors regarding landscaping. • Suggested that. the time be extended and this item continued to allow the plan to be expanded to include storage for wheelchairs and a maintenance facility. Planner Therese Schmidt said that no complete set of construction plans has yet been submitted to Building for review. She added that Building E could not be occupied without a Building permit. Commissioner Hlava: • Agreed that a complete plan for the site is necessary. • Cautioned that all conditions imposed need to be met. • Stated that it is important for the Commission to know exactly what it is approving. • Said that she would be willing to continue this item for a short period of time such as one month. • Stated that she is not feeling comfortable with this and with understanding what is going to be on this site. Saratoga Planning Commission Minutes for June 28, 2006 Page 11 Commissioner Hunter: • Stated that she served on the School Board for 10 years. • Said that she could cry when she thinks about what this school -does. • Added that she feels like we are harassing this school and need to work with them, thank them and treat them with great kindness. • Agreed that this may be too small a property for what they are trying to accomplish. • Suggesting giving them an extension and to accept their landscape plan. • Reiterated the need to get trees out there for these children. Commissioner Cappello: • Said that Sub-Acute is a gem in our community. • Said that there have been violations in the way that things have been carried out. • Commended staff on their vigilance in upholding standards. • Said that he believes the applicant recognizes that mistakes have been made and that lessons have been learned. • Added that he does not believe Building D should have to be vacated. • Pointed out that the plan before the Commission allows Sub-Acute to move forward on the landscaping and play area but does not reflect all the changes necessary. • Suggested approving as it stands today and ask the applicant to work with the Planning Department to deal with storage and maintenance needs. • Reiterated his support for an extension of time. Commissioner Zhao: • Said that she too appreciates what Sub-Acute is doing. • Agreed that Building D is needed for daily operation and supported allowing temporary occupancy for Building D. • Supported approving a time extension to January 26, 2007, for Condition 21. Commissioner Nagpal: • .Said that this is a Commission with heart. • Stated that the Commission was touched with what is done at Sub-Acute during the site visit last October. • Expressed support .for the time extension but agreed that Sub-Acute will need to come back for a second modification in the future for issues such as an additional structure, impervious coverage, wheelchair storage and a maintenance structure. • Stated that kids make a lot of noise when at play and that is nice. It is not noise but rather music. • Added that the facility supports not just its patients but also their families. • Said that she would not require the vacation of Building D: • Asked that the applicant be as aggressive as possible so as not to have to come back with future requests. Chair Rodgers: • Expressed appreciation for the job done and understands that Sub-Acute is trying to create a more home-like setting for its residents. Saratoga Planning Commission Minutes for June 28, 2006 Page 12 • Cautioned that there may not be enough space on this specific parcel of land and that creative solutions must be reached that meet ADA requirements for children. • .Pointed. out that this applicant appears to need more help from staff than most do. • Supported the extension of time for Condition 21 to January 26, 2007. Planner Therese Schmidt said that a correction of one typographical error on the Resolution must be made that corrects the date to October 17, 2005, rather than the 2006 listed. Commissioner Hlava asked if the plans being approved are the ones posted here tonight. Planner Therese Schmidt replied yes, adding that the applicant will be asked to provide a reduced set for the record. Commissioner Hunter suggested having the applicant work with the Community Development Director on issues such as wheelchair storage and a maintenance facility. City Attorney Jonathan Wittwer suggested that this requirement be added to the conditions when the motion is made. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Cappello, the Planning Commission adopted a Resolution (with correction of a typographical error on a listed date) approving a Modification to Approved Plans (Application #04-189) to modify the site plan to add a children's play yard, grant an extension of time required for completion of Condition of Approval No. 21 of Resolution No. 05-048 to January 26, 2007, and with an added Condition that allows the Community Development Director to approve modifications to plans to accommodate facilities for wheelchair storage and maintenance as long as said facilities are consistent with regulations, on property located at 13425 Sousa Lane, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None Commissioner Cappello thanked Planner Therese Schmidt for her work on a very difficult project. *** PUBLIC HEARING -ITEM N0.2 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 are of the proposed residence will be 5,595 square feet. The maximum height of the proposed residence will be no higher than 26 Saratoga Planning-Commission Minutes for June 28, 2006 Page 13 feet. The net lot size is 53,162.5 square feet and the site is zoned R-1-40,000.. (Deborah Ungo McCormick) Contract Planner Deborah Ungo-McCormick presented the staff report as follows: • Advised that the applicant is seeking approval for an addition to an existing two-story single-family residence with a net increase of 122 square feet. • Reported that such a small addition is not typically referred to the Planning Commission but this addition is part of an extensive remodeling of the exterior of this home and .staff decided to bring this request to the Planning Commission as a Design Review application. • Explained that the total FAR is 5,595 square feet and the maximum height will be 26 feet. The remodeled home would stay within the existing footprint. • Said that the home is located on a private drive accessed via Peach Hill Road. • Stated that the home is currently a Craftsman style built in the 1920s. • Reported that staff had required that a historic evaluation be prepared and reviewed by the Heritage Preservation Commission. That review occurred in May. The HPC concluded that this property is not historic because it is not associated with any person. of significance to the past. Additionally, it is no longer reflective of the architectural style due to remodeling that has occurred over the years. • Stated that the proposal is for a Greek and Classic Revival style home. They are proposing columns, balconies and windows. It will be very different from what is currently there. • Advised that the architectural styles reflected in this neighborhood are varied. The lots are larger one-acre lots with significant numbers of large trees. This is a heavily wooded lot. • Added that a large deck on the property will be rebuilt. • Reported that the proposal meets setbacks and impervious coverage limits. • Said that there is staff concern with making the finding that there are no massing and/or view impacts with this proposal. • Said that the neighbors were contacted and no issues were raised. The notification list for 500 feet included homes on the other side of the creek. • Recommended denial due to massing and view impacts. • Advised that a color board was submitted with four options offered. The applicant is willing to work with the Commission to alter the color combination as necessary. Commissioner Hunter expressed surprise with the findings of the historic evaluation. She asked if the consideration whether someone of note lived on a property is a new criterion. Planner Deborah Ungo-McCormick said that the evaluation looks at the building itself, the site and/or the context, which is who may have lived there. Commissioner Hunter: • Asked for clarification that the footprint would remain the way it was except for the porch. • Pointed out that. when one drives up to this home, it is clear that this is a 70-year-old house. • Reiterated her surprise at the evaluation of this home and the way that it has been dismissed as not being a historic house. • Reminded that she has attended a number of HPC meetings. Saratoga Planning Commission Minutes for June 28, 2006 Page 14 Planner Deborah Ungo-McCormick reminded that numerous modifications have been made. The only original portion of this structure is the center room, which is to be retained with. the remodel. The rest of the interior has -pretty much been remodeled. Commissioner Hunter said that when a home is 70 years old it is a -shame to dismiss it as not being historical. It could be brought back. Commissioner Nagpal pointed out that the Commission does not often see a project where staff is recommending denial. She asked staff if they had proposed changes in the proposal to this applicant. Planner-Deborah Ungo-McCormick: • Replied that this is the style this property owner wanted. They are not interested in another design and wanted to move forward with this design. • Agreed that this architectural style would not fit in most areas of Saratoga because it is so different. • Added that this is a large isolated property. The walls are not solid but rather-have articulation. • Reported that when this project originally came to the Planning Department for review, it .represented a small increase that is usually astaff-level review. • Advised that the Community Development Director had concerns with this design including bulk. When the construction begins on this remodel, it may result in more than 50 percent of the walls being removed, which would kick it up to Planning Commission review. Instead of waiting until later, the Director elected to bring it forward to the Commission now. City Attorney Jonathan Wittwer cautioned that Design Review findings do not include historic review. Historic review should not be used as criteria for denial, should that be the final action of the Commission on this request. Chair Rodgers opened the Public Hearing for Agenda Item No. 2. Mr. Mike Amini; Project Designer: • Explained that he is representing his brother, who is his client. • Stated that he designed this house as well as his own house that was constructed in Saratoga. • Added that he is very familiar with Saratoga's regulations. • Informed that another brother also plans to relocate to Saratoga. • Stated that his brother always wanted a Greek Villa and it took his brother three years to find this property on which to build. • Said that the plans were shown to the neighbors. Five have expressed support, two of which are present this evening. • Announced that after having sat through the hearing for Item 1 on tonight's agenda, he is willing to offer design assistance to Sub-Acute at no charge. Saratoga Planning Commission Minutes for June 28, 2006 Page 15 • Explained that the great room that is original to this home is being completely preserved. • Described the architectural style as a combination of Italian and Greek Mediterranean style. The proposal meets FAR, height and lot coverage limitations. It will be located on top of the old foundation. No trees are being touched. and all of the natural landscaping will be retained. • Stated he is available for any questions. Chair Rodgers told Mr. Mike Amini that she is glad to see that they have been talking #o the neighbors. Commissioner Cappello asked Mr. Mike- Amini what changes had been considered to address the issue of bulk. Mr. Mike Amini said that although the exterior walls of the new home would be tilted up higher, they are using a flat roof. It will not look that massive. He added that this is a very private lot and that only three neighbors can see this home. They are happy with the home's design. Commissioner Hunter asked Mr. Mike Amini how tall is the original home on this property. Mr. Mike Amini replied 27 feet. The proposed home is 26 feet. Commissioner Hunter asked about the posting of story poles. Planner Deborah Ungo-McCormick advised that story poles are already in place. Commissioner Nagpal asked Mr. Mike Amini if there is architectural significance in the elements of this design. Mr. Mike Amini said that he has been in the Bay Area for 25 years. The home design is meeting his brother's preference and he made sure that the design met all of the City's standards. Commissioner Zhao commended Mr. Mike Amini's offer of free design assistance for Sub- Acute. Mr. Mike Amini said that he was very serious about that offer. Commissioner Zhao asked how well the old and new portions of the. home would blend particularly the rooflines. Mr. Mike Amini said that he is keeping the original roof over the great room portion of the house and tying the new portions into that original roof. Commissioner Hunter asked about roof material. Saratoga Planning Commission Minutes for June 28, 2006- Page 16 Mr. Mike Amini said that the existing roof materials used would be matched. He reiterated how hard they have worked to meet the requirements of the- City. Mr. Amini, Property Owner and Designer's Brother, explained that this home represents his family's dream house and that it took them three years to find this specific private property on which to build this house: He asked that they be allowed to have their dream house. He reported that his two immediate neighbors are here this evening. A third supportive neighbor had intended to attend tonight but was unable to do so. Mr. Charles Brooks: • Informed that his is an adjacent property. • Reported that Mr. Amini came to his home and showed the plans for this new house. • Advised that he has looked at these plans and is familiar with this property for over 40 years. • Assured that this home is not visible from his home, neither as the existing or proposed home. • Stated that this would be an asset to the neighborhood. • Said that he discussed this project with other neighbors and there have been no unfavorable comments. • Said that this home would have a lovely appearance and represents an upgrade to the current home that is not in good condition as it is loaded with termites. • Asked that the Commission look at this proposal favorably. The owners are -good people. • Said that he is looking forward to a new building there. Commissioner Hunter pointed out to Mr. Charles Brooks that staff is recommending denial based upon issues of bulk. She asked if he feels that bulk is not a problem with the new design. Mr. Charles Brooks replied not for us. He said that he is not aware that anyone can. see it in order to be affected by it. Chair Rodgers asked Mr. Charles Brooks which side his- home is located on in relation to the subject property. Mr. Charles Brooks replied the front. Commissioner Nagpal reported staff's opinion that the finding stating that the design avoids unreasonable interference with views and privacy cannot be made. She asked Mr. Charles Brooks if he agrees with that opinion. Mr. Charles Brooks replied no. This design is not offensive to him, his family or his neighbors. Mr. John Giannanerea: • Explained that he is the neighbor below this house. Saratoga Planning Commission Minutes for June 28, 2006 Page 17 • Reported that he was involved with the design of this house early on. • Said that he has lived in this neighborhood for seven years. • Stated that this is a very innovative design- and that he looks forward to seeing it built.. • Expressed his support. Commissioner Nagpal explained that staff has compatibility, bulk and height issues. She asked the height of Mr. John Giannanerea's home. Mr. John Giannanerea said that his house is lower than this house. Chair Rodgers closed the Public Hearing for Agenda Item No. 2. Commissioner Cappello: • Said that while staff has issues with bulk and height, the neighbors don't have the same issues. • Stated that staff is usually right on target with recommendations. • Pointed out that the neighbors like this design and it represents the owner's dream home. • Said that within a different context, he would agree with the issues of bulk and height raised by staff. However, he can make the findings in context with this secluded lot. Commissioner Zhao: • Said that the house has a nice design. • Reported that she was initially concerned about how it might fit within a hillside neighborhood. • Pointed out that the neighbors have been heard and they are fine with the design. While she might find that it looks massive, the neighbors are not complaining so she does not see a problem with it and can support it in this case. Commissioner Nagpal:. • -Said that the question must be raised. Does neighborhood support drive the findings required under Design Review approval? • Stated that the decision making process by the Planning Commission must be at its purest and that she struggles with this from that perspective. • Advised that she asked the designer about the significance of the design features proposed and if they- are essential to meet the architectural style but did not get any assurances. • Added that she is concerned with the proposed colors and with the bulk. • Said that she could make the findings supporting a lack of views and privacy impacts but that the compatibility issues of the bulk and height are a coin toss from her perspective even though these are large lots in the neighborhood. • Added that the compelling factor is that the site itself is completely enclosed. Commissioner Hunter said that she support staff's recommendation for denial due to excessive bulk. Its walls are 26 feet in height with a flat roof, which gives an appearance of mass and bulk. Saratoga Planning Commission Minutes for June 28, 2006 Page 18 Commissioner Hlava: • Said that she has the same issues as Commissioner Nagpal. • Stated that it is difficult to make the finding that the design does not create excessive bulk. • Added that she does not agree with staff's excessive impacts on views and privacy. • Said that the object of the Design Review process is to reflect the whole community's sensibility and not just nearby neighbors. • Stated her support for the staff recommendation for denial. Chair Rodgers:. • Said she sides with Commissioners Nagpal and Hlava. • Agreed that she can back off from concerns of view and privacy impacts that were raised by staff but that she agrees with staff on the issue of bulk. • Said that the question must be considered as to whether this particular architectural style fits in this area. • Reminded that landscape screening does not make up for architectural incompatibility. Commissioner Nagpal: • Said that one way to approve is if the Commission can be convinced that the design features are needed as proposed in order to achieve architectural purity. Does it truly reflect the purity of that style? • Asked if anything has been done to prove that point. Planner Lata Vasudevan reported that period architectural style is not a finding. Issues that can be considered are more articulation,- less articulation, different scale. One example of when the issue of purity of architectural style applies is with a Use Permit to go above height limits in order to retain architectural design purity. Commissioner Cappello: • Cautioned that the Commission has to be careful how it looks at atwo-dimensional drawing. • Stated that athree-dimensional exhibit gives more of an impression of what it will look like. • Said that this house does have articulation but it is not obvious in the two-dimensional drawing. • Reminded that the applicant has expressed flexibility in the colors. Commissioner Hunter said that the color shown is unfortunate as it stands out in the hillside. Commissioner Nagpal said that she agreed that another color would- be better if this design goes forward. Commissioner Hunter said that she has problems with the ten columns that go all around and are 26 feet tall. Saratoga Planning Commission.-Minutes for June 28, 2006 Page 19 Planner Deborah Ungo-McCormick said that the photo simulation shows more columns than is actually proposed. Commissioner Zhao asked if columns are an important element of this architectural style. Planner Deborah Ungo-McCormick said that she would have to do more research to answer that. This design is actually a blend of different styles. She reminded that the applicant has expressed flexibility on the colors to be used and that staff could work with them on the color choice. Commissioner Hunter reported that in_-her six years on this Commission she does not remember the use of a flat roof. Planner Deborah Ungo-McCormick advised that there have been a couple including one more modern design that incorporated a metal roof that was fairly flat. Commissioner Cappello: • Stated that there would be more issues if this design included a pitch roof rather than the proposed flat roof. • Said that while this is not his preferred architectural style, it is a beautiful style. • Reported that his parents have a home with a similar style. • Said that he does have a problem with this style on a hillside and would have less of a problem if it were on a lower elevation parcel. • Advised that he can make the findings to support this application. Commissioner Rodgers said that she is struggling with the point made by Commissioner Cappello about evaluating a design with atwo-dimensional drawing as opposed to a three-dimensional one. She suggested a straw poll of the Commission to see where this is going. Commissioner Nagpal: • Suggested that the applicant go back and deal with the bulk issue, specifically the color, columns, use of two materials and roofline. • Said that she has problems making Findings D and G. Commissioner Zhao: • Said that she still is asking if the columns are a part of this architectural style's characteristics. • Said that since this is a private road and offers no impacts to its neighbors, this homeowner should have the right to build his dream house in the -style they prefer. • Expressed her support. Commissioner Cappello said he supports this project. mmissioner Hunter said that she does-not su ort it Co pp because she cannot make Finding D and specifically due to the inclusion of 10 large columns. Saratoga Planning Commission Minutes for June 28, 2006 Page 20 Commissioner Nagpal said that she would like to be able to reach an approval for this applicant but has a problem making Finding D. Commissioner Hlava said she has problems with making Findings B, D and G. She suggested continuing this public hearing, as it appears the majority vote is for denial or at most a tie. Chair Rodgers said the options are to make a motion, which is likely to be for denial due to concerns over bulk, or allow the applicant to work further with staff. Alternately, the applicant can ask for a denial outright and appeal that action to Council. City Attorney Jonathan Wittwer clarified that a three to three vote is a failure of a motion but would automatically place the item on the next agenda for a meeting where the entire seven member Commission is in attendance in order to break that tie. Mr. Mike Amini, Project Designer: • Said that they are flexible on the issue of color. • Reminded that the only people near this site is his brother and his three neighbors, none of which have objected to this design. • Added that they are meeting all standards. • Said that this architectural style is hard or almost impossible to change. • Said that he would rather work with staff than to be denied and that he is willing to consider recommendations for modifications to the project. • Recounted that his brother searched for three years to find this property for his dream house and made sure that none of his neighbors objected. • Reiterated that no one else can even see this house on this very private lot. Chair Rodgers said it appears that the applicant prefers a denial and appeal to Council. Mr. Amini, Applicant and Property Owner: • Reminded that this new home design is lower than the existing structure. • Corrected that the columns are only 18 feet tall and not 26 feet as mentioned: Commissioner Hunter asked whether the Aminis considered staff's negative recommendation. Mr. Amini said that it was not a negative recommendation. Since it may become necessary to pass the 50 percent point in demolition once construction begins depending on what they find during demolition, they brought this project to the Planning Commission so as not to have to stop in mid-construction to go through this step. Commissioner Nagpal asked to see the three-dimensional drawing Mr. Amini has in hand. Mr. Amini said that the Commission should be flexible on creativity. Saratoga Planning Commission Minutes for June 28, 2006 Page 21 City Attorney Jonathan Wittwer suggested that this project might best be continued to a date uncertain to allow some redesign. Planner Lata Vasudevan offered another alternative. Have the applicant work with staff to reduce the thickness of the fascia and reduce the thickness of columns by approving this design with reductions that are to the satisfaction of the Community Development Director. Planner Deborah Ungo-McCormick said that the cornice is rather large and can be reduced. Commissioner Cappello cautioned to be careful what you ask for, as it might not look good. Commissioner Hunter said that it usually works out well when applicants are asked to work issues out with staff. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission CONTINUED TO A DATE UNCERTAIN Design Review for the remodel of a two-story single-family residence on property located at 15397 Peach Hill Road to allow redesign, by the following roll call vote: AYES: Hlava, Hunter, Nagpal, Rodgers and Zhao NOES: Cappello ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 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) Assistant Planner Suzanne Thomas presented the staff report as follows: • Advised that the applicant is seeking approval of a freestanding sign. This is the fourth - and final subdivision sign for the Parker Ranch Subdivision. • Stated that the sign is not illuminated. It is located within a landscaping easement that will be maintained by the HOA. • Reported that all neighbor have been notified and no negative responses were received. • Informed that this sign complies with Code requirements. It is situated away from the corner so it does not block visibility. • Said that findings to support this request can be made in the affirmative. • Recommended approval. Saratoga Planning Commission Minutes for June 28, 2006 Page 22 Chair Rodgers advised for the record that Commissioner Cappello has stepped away from the meeting. Chair Rodgers opened the Public Hearing for Agenda Item No. 3. Mr. John Heindel, Applicant: • Stated that he is the representative for the HOA. • Added that he is available for questions. Chair Rodgers recognized that Commissioner Cappello has return to the meeting. Chair Rodgers closed the Public Hearing for Agenda Item No: 3. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Hlava, the Planning Commission adopted a Resolution granting Design Review Approval (Application #06-137) to allow the construction of a monument sign identifying a subdivision on property located at 12132 Parker Ranch Road, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM N0.4 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) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the Saratoga Fire District has been working with County Fire to update the City's Early Warning Alarm System regulations that have not been updated since 1984. Commissioner Nagpal sought clarification that these regulations are already in place for structures over 5,000 square feet. City Attorney Jonathan Wittwer said that this process is updating the Code. Chair Rodgers opened the Public Hearing for Agenda Item No. 4. r~ u Mr. Hal Toppel: • Explained that this is a 22-year update. • Said that the standard condition in place for Hillside properties and for residential structures above 5,000 square feet are being expanded into commercial areas. • Added that the requirement kicks in when there is a change of occupancy or when chemicals are being stored. Saratoga Planning Commission Minutes for June 28, 2006 Page 23 • Said that this is a major change to the EWAS regulations and includes technical details. • Stated that they are proposing a new set of standards for the installation, maintenance and operation of the EWAS. • Added that the Building regulations would be changed to refer to current standards. • Advised that a better job will be done of getting notice out to people-that these systems exist. Sometimes they are unaware when properties change ownership. • Stated that for new accounts, a notice (Notice of Alarm System) would be recorded that this system exists and will be a part of the title report for that property advising future owners of the responsibility for the maintenance fee. • Informed that the system also includes a medical alert button on the panel. • Stated he was available for questions. Commissioner Hlava announced that Mr. Hal Toppel was the City Attorney at the time she was a member of Council. Commissioner Hunter added that she and Mr. Hal Toppel also served together on the School Board. Commissioner Cappello asked the average installation cost. Mr. Hal Toppel advised that it depends upon the size of house and number of rooms.. Mr. Hal Metter, County Fire: • Said he was not aware of the actual installation cost. • Agreed that cost would depend on size of building and could run from a couple thousand dollars to tens of thousands of dollars for a very large facility. Chair Rodgers closed the Public Hearing for Agenda Item. No. 4. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission adopted a Resolution to update the Early Warning Alarm System (EWAS) Ordinance adding text to give specific examples of care facilities, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING -ITEM NO.5 APPLICATION #06-410 -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 may be stored. (Lata Vasudevan) Saratoga Planning Commission Minutes for June 28, 2006 Page 24 City Attorney Jonathan Wittwer presented the staff report as follows: • Advised that the City occasionally receives complaints regarding the residential storage of personal property, primarily boats and recreational vehicles. • Said that Code .currently allows the parking of personal property for five days. • Stated that all categories are included in this update including motor vehicles, parts of vehicles, trash, refuse, boats and recreational vehicles. • Said with this update, the express statement is included that the item cannot simply be moved and returned repeatedly without getting a temporary storage permit issued from the Community Development Director. • Pointed out that there are a number of people in the audience to speak to this issue. • Stated that another Ordinance affects recreational vehicles, including people living or sleeping in recreational vehicles, trailers, etc. What is proposed is to allow a total of two weeks per year of having someone sleeping in an RV in the front yard. Commissioner Hunter asked if notification would be made to neighbors if a temporary storage permit were approved. City Attorney Jonathan Wittwer said that this is simply an Administrative Permit. Commissioner Cappello said that it appears there would be no way for neighbors to know that temporary storage had been applied fora Commissioner Hunter asked if neighbors could appeal a temporary storage permit. City Attorney Jonathan Wittwer replied yes. Chair Rodgers asked what starts the appeal period. City Attorney Jonathan Wittwer replied the process starts with a complaint to Code Enforcement. The Code Enforcement staff investigates and talks to the person. In some cases a citation is issued and the nuisance abatement process started. The party can come apply for a Temporary Storage Permit extension and there is a 15-day appeal period. Commissioner Hunter asked how temporary is temporary. City Attorney Jonathan Wittwer replied that it is not defined. Commissioner Hunter asked how the Community Development Director could decide. City Attorney Jonathan Wittwer replied that there is no limitation on that. The Director may grant more than one extension of the Temporary Storage Permit. Commissioner Hunter asked about cost for such a permit. City Attorney Jonathan Wittwer said that there would be both an application fee and an appeal fee. Saratoga Planning Commission Minutes for June 28, 2006 Page 25 Commissioner Cappello asked if the five days allow for having personal property (boat, RV etc.) is per trip, year or lifetime. He asked if such property could be screened from public view. Is the idea of the Ordinance that such storage is outright not an allowed use? Commis o r Hla said t u rigt ~t al oT we he id She said `fiv be_ fort xi m er of per ye is is ctical a better way to do thi . Chair Rodgers opened the Public Hearing for Agenda Ttem No. 4~31Q,~~~,~•o~~ ~~~ . Mr. John Kolstad: • Reported that he was on the Planning Commission when this Ordinance passed initially. • Explained that its purpose was to prevent storage of junk in the front setback. • Added that there is no problem if screened from view from the street. • Said that this Ordinance worked fine for a number of years. . • Informed that he owned a boat at the time this Ordinance was passed and still does. • Advised that he has looked over the revised Ordinance and that five days seems severe. • Explained that boat owners need time to prep their boats for use, charging batteries, etc. • Suggested that 10 days per year might be better. • Reported that Code Enforcement did not go out to look -for trouble but rather responded to complaints. • Suggested that the Commission give direction to staff to keep enforcement without a complaint to a low priority. • Added that the purpose for temporary use is not long-term storage. Owners should have a normal storage area out of sight. • Said that allowing an RV on a property during construction should be considered. • Stated that it is a shame that a few people have ruined it for the majority. • Agreed that this Ordinance needs more tweaking but it is a good Ordinance that should be kept. Mr. Shibtai Evan: • Thanked the Planning Department for their time and courtesy. • Identified himself as a boat owner living in Saratoga for 20 plus years. • Added that he has seen Codes passed over that time, both good and bad. • Said that this Code here is a good idea but needs changes. • Said that if he were ever advised that a complaint had been filed against his boat, he would ask staff if all other like owners have also been notified. Their workload would increase. • Stated that selective enforcement is a lawsuit waiting to happen. • Reported that his boat is currently parked on his driveway in preparation for weekend use. • Said that he does not want Saratoga to appear to be a bunch of Communists. Mr. Harry Carlson: Saratoga Planning Commission Minutes for June 28, 2006 Page 26 • Said he is a 44-year resident of Saratoga and an RV owner of many years. • Stated that for this Ordinance to really work, it needs to be tailored to what really happens. • Explained that in -the summer, he brings his: RV out: of storage, brings it home and takes several days to prepare it for a trip. He then leaves for that trip, comes back, unloads, cleans up and preps it for the next trip. • ~ Added that the proposed five-day time~span doesn't work~and is not realistic:. • Suggested that the City be practical about it and allow the legitimate use of our RV's, which are a part of our culture here. • Said he takes issue with the proposed wording of the amendment and suggested that words be picked that create an Ordinance that can be applied to all of us. Commissioner Nagpal asked Mr. Harry Carlson to suggest a more reasonable number of days. Mr. Harry Carlson suggested 20 days within aone-year time frame.. The Ordinance could further specify the maximum number of consecutive days. Mr. Chris Wiles: • Expressed his support for the staff-recommended changes. • Said that currently there are no specific time restrictions in the Ordinance. It is very open ended and unenforceable as written. • Said that this is an important issue in many neighborhoods. • Said he hoped the Commission would take the input and put a reasonable proposal together that is specific and enforceable. Chair Rodgers asked Mr. Chris Wiles to suggest an amount of time. Mr. Chris Wiles said it depends. The five days proposed by the City seems too restrictive. The 20 days per year proposed by a resident tonight may too many. Perhaps 10 days a year might be more realistic. Ms. Angie Fredrick: • Stated that she is in favor of amending this Ordinance. • Said that she has lived at her present address for 40 years. • Added that neighbors keep their properties in pretty good condition. • Said that her specific concern is boats and the consistency of enforcement. • Reported that a new neighbor moved in with a boat. • Added that she warned that new neighbor that storage on site was not allowed. • Advised that she has served on the Public Safety Commission. • Said that having a boat on the street all the time is a concern. • Stated that people should work together. • Added that she-would like to see Saratoga continue to be a good city. Its rules should be enforced. They need to be consistent. All residents need to be treated the same. • Said that the Ordinance needs to be looked at and fixed so that it can be enforced. Saratoga Planning Commission Minutes for June 28, 2006 Page 27 Mr. John Cantien: • Said that he is a 42-year resident. • Stated that- he supports the original Ordinance, as it is good not to have clutter in driveways and he also supports language that tightens enforcement. • Said that five days overall is troubling and should be cleaned up to specify five days per year. • Urged that there not be selective enforcement. Enforcement should be clear and uniformly done. • Suggested that this evening's hearing notice should have gone to everyone. Commissioner Zhao asked staff who received notice. Planner Lata Vasudevan replied that the Code Enforcement staff has a list of interested parties. This meeting was also advertised in the Saratoga News. As it is a citywide Ordinance, afull-page ad is published. Mr. Joseph Balogh:. • Said that he is affected by this situation as he is looking at a boat both from his front and back yards. • Opined that a boat owner does not need three to five days to prepare to go fishing. • Expressed support for aclear-cut enforcement policy. Mr. Victor Polouska: • Advised that he moved to Saratoga 10 months ago and lived in Santa Clara for seven years prior to that with his boat in the driveway with no problem. • Said that he was happy to move to Saratoga and found a beautiful house here. He spent $7,000 arranging his driveway to hold his $35,000 boat. • Pointed out that he saw lots of boats in his area and it never occurred to him that there might be a problem until he started getting letters from the Code Enforcement Officer. • Added that he was told that this Code is only enforced when neighbors complain. • Recounted that one neighbor keeps a car stored on his driveway at all times and that a lot of people use their driveway instead of their garage to park their cars. • Described himself as an avid boater who takes his boat out a few times a week. • Assured that if he had known of this problem, he would never have come to Saratoga. Commissioner Hunter asked Mr. Victor Polouska if it had not occurred to him to study the standards. Mr. Victor Polouska said that he lived in Santa Clara for seven years with no problem. Additionally, he saw lots of boats and trailers on his street. Chair Rodgers asked Mr. Victor Polouska if he had investigated off-site storage for his boat. Mr. Victor Polouska said that such storage is very difficult to find and pretty expensive. So far he has not found anything suitable. Saratoga Planning Commission Minutes for June 28, 2006 Page 28 Chair Rodgers asked Mr. Victor Polouska if he could possibly screen his boat from view. Mr. Victor Polouska replied absolutely. He distributed two photographs, on of his boat and the other of his neighbor's car permanently parked within public view on the driveway. Mr. Ed Vincent: • Stated that he agrees with some of the prior speakers' comments supporting this Code with revisions. • Expressed that the problem is a-lack of enforcement. • Stated that the changes in language are better than the current Code and suggested sending it on to Council for final approval. • Pointed out that enforcement is not adequately addressed and that the language that states that the Community Development Director "may" enforce should be changed to "shall" enforce. Ms. Jane Beal: • Stated that she is not a Saratoga resident but is speaking on behalf of a client. • Explained that she is a real estate. agent from Willow Glen and San Jose. • Added that she has sold a couple of homes in Saratoga. • Recounted that she received a call from her client, Victor Polouska, who told her he wanted to sell his recently purchased Saratoga home. • Agreed that if this Ordinance is enforced, it must be enforced equally and fairly. It cannot be selectively enforced, like a Communist government might do. • Advised that she will have to disclose to her buyers in Saratoga about this issue, which might make Saratoga a less desired city in which to live. Mr. Paul Batista: • Said that he has a recreational vehicle that he parks at his residence from time to time. • Asked that this be kept a free country with the right to park vehicles wherever you want to. • Said that this is a freedom that has been fought for and that this proposal represents a "Communist" type of action. • Asked "who wants to buy a house in Saratoga when you-can't have a boat or RV?" • Explained that-there are a lot of people who enjoy recreational things. With the cost of a mortgage, it is a hardship to have to rent a place to store your boat or RV. • Suggested that the City needs to think about this a bit more. Ms. Cheryl Owiesny: • Said that she is a two-year. owner in Saratoga having grown up in Los Altos. • Recounted her memories as a child where she would prep the family boat for trips with her father. • Explained that her husband also loves boating and it takes several days to prep before a trip and clean up after. • Stated that they do not have the money to store off site. • Advised that they moved here for the good schools for their children. Saratoga Planning Commission Minutes for June 28, 2006 Page 29 • Reported that her neighbors had never approached her to discuss concerns over her boat. • Recounted that five -days after moving into her Saratoga home, she had a baby. Two days after that a complaint was lodged about her boat. • Questioned what ever happened to talking to people directly when there is a problem between neighbors. • Reported that when relatives recently came to visit and parked for 24 hours, a neighbor called to complain about their vehicle. • Called that action rude and not American. • Questioned what screened means. • Explained that when the trees have their leaves, her boat is not visible. However, when the tree leaves have fallen, the boat is visible. • Added that allowing a boat on the premises for five days out of 365 per year seems very unreasonable. • Suggested that perhaps two days per month for a total of 24 days per year is more realistic. • Reported that a neighbor has a car in the front yard that never moves. • Reiterated that something more reasonable needs to be developed. Commissioner Hlava asked Ms. Cheryl Owiesny if her boat is in her back yard. Ms. Cheryl Owiesny: • Said .that she has two boats, one for freshwater and another for skiing. One is in the rear yard and the other in the side yard. • Explained that she moved. one mile from her previous home when relocating to this home. On the MLS listing is an information field verifying available RV/boat parking on a property, which was an important feature to -her family and a draw to this property. Chair Rodgers closed the Public Hearing for Agenda Item No. 4. City Attorney Jonathan Wittwer said that screening is achieved by fencing of a sufficient height to obscure visibility of the personal property from the public view. It can occur in a side or rear yard but not within the front yard setback. Chair Rodgers asked staff about the issue of selective enforcement raised this evening by a resident as a potential legal problem. She asked for verification -that enforcement is complaint driven. City Attorney Jonathan Wittwer: • Replied that almost every city and county operates on a complaint basis. • Explained that there is no funding or staffing in place for total enforcement. • Informed that the city does not go out searching for every violation. • Assured that complaint driven enforcement is not selective enforcement and is legal. Commissioner Cappello asked if action could only be pursued once a complaint is made if Code Enforcement staff themselves comes across a violation. Saratoga Planning Commission Minutes for June 28, 2006 Page 30 City Attorney Jonathan Wittwer replied no. He advised that the City has a Resolution that prioritizes enforcement by category. He added that the best thing is for neighbors to talk together to resolve conflicts and suggested that mediation between parties is often successful at resolving differences. Commissioner Nagpal asked if enforcement is uniformly handled once a complaint has been made. She asked for clarification on the definition of personal property. City Attorney Jonathan Witter said he would have to look at the Code to provide. the complete definition. Commissioner Nagpal asked about motor vehicles that are not used every day. What does the term fully operational mean? City Attorney Jonathan Wittwer replied that fully operational means the vehicle could be driven. Commissioner Nagpal asked about parts (boats and vehicles) and if there is a size limitation. City Attorney Jonathan Wittwer replied no. He said that the inclusion of parts in the list of restricted storage is designed to take care of cars and/or boats that have been disassembled. Commissioner Nagpal asked if Item 5 addresses construction activities storage. Planner Lata Vasudevan replied yes, correct. Commissioner Nagpal sought clarification that personal property can be screened with a fence thereby offering property owners the opportunity to store items on their property as long as such fencing is in conformance with fencing regulations. Planner Lata Vasudevan replied yes. City Attorney Jonathan Wittwer replied yes, if there is room on the side or rear yard. Commissioner Hunter reminded that the Saratoga has but one Code Enforcement Officer when it used to have two. She asked. if there are plans to hire more? Is the City prepared for this Ordinance? Planner Lata Vasudevan reminded that enforcement is complaint driven. If a lot of complaints are lodged, the City will have to act upon those complaints. Commissioner Hlava: • Said that she is struggling with this amendment because it isn't totally practical. Saratoga Planning Commission Minutes for June 28, 2006 Page 31 • Stated that there are issues about number of consecutive days per occurrence and Commissioner Nagpal said that she feels that same way. She is not close to saying yes to this. She suggested that input provided would have to be redrafted. total number of days per year. • Questioned- if it is different between boats and RV's and in situations where RV's are allowed while construction is going on. • Said that the bottom line is that she does not feel comfortable passing this Ordinance as it is right now. It doesn't really work. • Added that she is not sure how well this Commission is thinking now at this late hour. • Asked for suggestions on process here, as this is not the way to go. Chair Rodgers said that if there were not enough -votes to pass this as drafted, amendments would be required. Commissioner Hunter agreed that this has been a long and difficult meeting tonight and she is drained. Commissioner Nagpal reminded that the role of this Commission is simply to make a recommendation to Council. Commissioner Zhao said that she takes issue with the proposed language and is not ready to support this amendment. Commissioner Cappello: • Agreed that it is much too restrictive as written right now. • Asked how the 10-day limitation would be enforced. • Questioned what would constitute a day since sometimes people might have their boat on site for just half a day. • Said that with the issuance of a Temporary Storage Permit there will need to be a plan in place for permanent storage of that item. • Said that he is not prepared to pass this as written, as he-would like to see changes made. Chair Rodgers: • Stated that this is a difficult issue. • Expressed appreciation for the public comments. • Stated that this seems unworkable particularly how to enforce the number of days per year such personal property storage would be allowed under this Ordinance. • Agreed that setting a number of consecutive days may be more workable. Commissioner Nagpal suggested a Study Session or future meeting. She said that there are some ideas that can be worked with to take this to the next level. Commissioner Cappello asked if Study Sessions are publicly noticed. Saratoga Planning Commission Minutes for June 28, 2006 Page 32 Commissioner Hunter said that the public hearing process is more valuable and that she has found that Study Sessions are not often that successful due to limited time available for them and limited participation by the public. ~ ~ Chair Rodgers said that the Study Session format is good to reach compromise. n City Attorney Jonathan Wittwer advised that this item is scheduled for Council on Ju~y 17 and suggested that it be brought back to the Commission at its next meeting on July 12tH Commissioner Hunter cautioned that there would be a small group of Commissioners at the meeting on July 12tH Commissioner Nagpal said that there would be enough to proceed. City Attorney Jonathan Wittwer suggested that the Commissioners feel free to send him emails with their input.- Commissioner Hunter said that as written this Ordinance is a little stiff. City Attorney Jonathan Wittwer supported the concept of establishing a total number of days per year as well as a total consecutive number of days per occurrence. Commissioner Hlava suggested consulting with the Code Enforcement staff about what might make this more enforceable. Chair Rodgers questioned the continued inclusion of boat/RV storage on the list of fields for MLS real estate listings. Commissioner Cappello advised that he has a boat in a screened location on his property and he does not like to see these types of items in a visible location from the street. He said he considers that to be blight. Chair Rodgers said that there is also the question of the impact of these requirements as they might apply to construction materials used by a property owner for projects not requiring a Building permit. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF JULY 12, 2006, the amendment to Ordinance Section 15-12.160 of the Saratoga Code, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None *** Saratoga Planning Commission Minutes for June 28,.2006 Page 33 • DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Cappello, seconded by Commissioner Hunter, Chair Rodgers adjourned the meeting at 11:55 p.m. to the next Regular Planning Commission meeting of July 12, 2006, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • • • ;~ Saratoga Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 July 3, 2006 Dear Commissioners: I attended the meeting on June 28, 2006, at which I spoke to you. I will not be attending the meeting on July 12 for several reasons: 1) I have already expressed my opinion, 2) I have confidence that you will make the right decision for all of us in Saratoga, and 3) I am intimidated by my across- the -street neighbor, Mr. Viktor Polanski. I still believe that boats and RV's should not be stored in front of houses in residential areas, however, I can understand that RV's can come into front yards for loading and unloading. It should not take very long if the owners know they are leaving and prepare in advance. As commissioners you have staff to guide you, and I feel that they have investigated the complaints thoroughly. They, and you, do not want streets stored with boats and RV's and other items as listed in the amended provision. ~• I live alone across from Mr. Polanski. When they moved in, I politely introduced myself and did inform them of the Saratoga code. They subsequently left for about 2 weeks and their mail was falling out of their mailbox. I picked up their mail, left a note on their doorstep telling them that I had their mail, and moved their garbage cans back from the street. When they came home, Mrs. Polanski came over for their mail and told me angrily not to touch their mail again. I have not. They wrote me a letter, which they placed in my mailbox, and inferred that I was against Russian immigrants. I am not against anyone. I was a successful school principal and I cared for all people. I did give the letter to Jana Rinaldi, our code enforcement officer. On the evening of June 29, about 11 p.m., my neighbor saw someone (possibly Mr. Polanski) place two papers on her car's windshield. She gave them to me, and I am enclosing copies for you. Whether these were circulated before the June 28 meeting or had the wrong date on them, meaning July 12, I do not know. At least one other resident received these letters. I do not appreciate my address being placed on doorsteps of people, some unknown to me. Yesterday the Polonskis stopped a car passing by, gave him his flyers, and talked to him. It makes me fearful of retribution since I am a widow and live alone. Two other neighbors have boats and store them elsewhere. We see them occasionally, but not for storage. Everyone should follow the rules of Saratoga, and not try to change them for their benefit. I think the proposed amendment should be adopted, with the change that there be a time limit for loading and unloading of RV's. When I was on the safety commission there were 2 '/Z code enforcement officers, then that was reduced and it became complaint based, because of a shortage of money. I was not in favor of the complaint based because it did create a problem with consistent enforcement. Perhaps if the revised code was explained to the population of Saratoga, we could have better enforcement. Very few people know about this situation. The notice to the residents of the amended code, was probably in the legal ads which is placed in front of the classified ads in the Saratoga News, and not too many people read this in the paper. So I believe that probably those in attendance were those that were notified and their neighbors, but not the general population of Saratoga. I believe that the general population still believe that Saratoga does not allow boats and RV's in front of houses. Many people in Saratoga question why the boat is across the street from my house for such a long period of time. Mr. Polonski has stored his boat in his driveway since he moved in last year. The majority of those in attendance at the June 28 meeting were in favor of the amended code, but with a time limit as to how long RV's could be brought into load and unload. I support a limit that can be enforced. In the 40 plus years I have lived here, I have not encountered a situation like this, and I have never felt intimidated before. I will be watching the meeting on the 12"' on television. I trust that you will rectify this situation, and that the issue will be resolved in a satisfactory manner. Mrs. Angie Fredrick 18377 Purdue Drive Saratoga, CA 95070 Sincerely, i Ph. 408-379-2633 Cc: John Livingston, Director of Planning Department Cc: Vada Vasudevan, Associate Planner • Item 1 REPORT TO THE PLANNING COMMISSION Agenda Item: Prepared By: Date: Department Head: 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 Jonathan Wittwer July 12, 2006 John Livingstone~~ Description: At its June 28, 2006 meeting, the Planning Commission reviewed a proposed ordinance amending City Code Section 15-12.160 generated primarily by enforcement issues relating to the storage of boats and recreational vehicles. After conducting and closing the public hearing, discussion was held among Planning Commissioners and the item continued to the July 12, 2006 Planning Commission meeting. The Assistant City Attorney has made changes to the proposed ordinance to address the comments of the public and the Planning Commissioners. Further background is provided in the attached Staff Report for this proposed ordinance amendment submitted for the Agenda Packet for the June 28, 2006 Planning Commission Meeting. The proposed ordinance amendment addresses concerns raised regarding the storage of boats and recreational vehicles in front yardsl on private property for five consecutive days and periodically removed to another location for 72 hours before being returned for further storage in those front yards. Some Saratoga residents have contended that the "five day rule" currently in Section 15- 12.160 allows repeated storage for up to five consecutive days as long as there is an intervening 72- hour removal period. This has not been the intent of the current language. After testimony at the Planning Commission meeting on June 28, 2006, the Assistant City Attorney has prepared a revised draft ordinance establishing both a "consecutive day" storage limit and a 1 The current and proposed Section 15-12.160 applies to front yards, exterior side yards or rear yards of comer lots, and rear yards of double frontage lots and the term "front yard" is used in this Staff Report as shorthand for all of the foregoing. "total calendar year storage days" limit. In this version of the proposed ordinance, storage is limited to five consecutive days and a total of two weeks per calendar year. Items listed in City Code Section 15-12.160(b)(1)-(6) which are stored in the front yard for five consecutive days must be removed and may subsequently be returned to the front yard so long as the two week calendar year total will not be exceeded. The revised ordinance also addresses concurrent storage in a yard mentioned in Subsection (b) of more than one item listed in Subsections (b)(1) - (6) of Section 15-12.160. For example, if a boat and an RV are concurrently stored for five days, the total time accrued is five days. However, if a boat is stored for four days and subsequently an RV is stored for three days, the total time accrued is seven days. Once the two week "calendar year" time limit has expired, no item listed in Subsections (1) - (6) of Section 15-12.160 may be stored for the remainder of the calendar year, unless in an area not limited by Section 15-12.160, or screened from public view incompliance with Subsection (c), or pursuant to a temporary use permit issued pursuant to Subsection (d). In addition, minor clarifications have been made to Subsections (b)(1), (b)(5) and (d) as shown on the attached proposed ordinance. STAFF RECOMMENDATION: Continue Planning Commission discussion on a proposed amendment to Section 15-12.160 and make recommendation to City Council regarding regulating the storage of personal property, including boats and recreational vehicles. 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 recommendation for consideration by City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice given pursuant to Government Code Sections 65853 and 65090. ATTACHMENTS: 1. Proposed Ordinance 2. Planning Commission Resolution recommending Approval 3. StaffReport for June 28, 2006 Planning Commission Meeting 4. Public Correspondence 2 • • Attachment 1 • 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., stril~ee}tt). Text in standard font remains unchanged by this ordinance. Section 15-12.160 of the Saratoga City Code is amended to read as follows: 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 consecutive days or a total of two weeks in anv calendar year be used for the unenclosed storage of ~ one or more of the items listed in subsections (11 through (61 below. For example. if multiple items listed in subsections (11 through (61 b_ elow are stored concurrently in the areas identified above for five consecutive davs. such storage shall constitute a total of five davs of the two weeks allowed ner calendar vear. On the other hand. if. for example. a boat is stored for four consecutive davs and subseauently a recreational vehicle is stored for three consecutive davs such storage shall constitute a total of seven davs of the two weeks allowed ner calendar vear No item prohibited by this section from a_ dditional time of storage may 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 ~ ca a 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. or for work as to which no building permit is reauired. n the event the building permit is for new construction or remodel affecting more than fifty percent of either the floor area or the exterior walls. Section 16-75.050 shall apply. (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, in 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 shall include a site elan showing the area of the reauested storage. a~ ®ny 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. California Environmental Quality Act 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). Section 3. Clarification of Existing Law. This proposed ordinance will merely clarify language in the City Code relating to the storage of personal property and vehicles. The proposed clarifications would not cause a change in existing law. This ordinance would instead clarify and reconfirm existing law. Section 4. 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. 2 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: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ATTEST: CLERK OF THE CITY OF SARATOGA Saratoga, California • JONATHAN WITTWER, ASSISTANT CITY ATTORNEY • 1~ • Attachment 2 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 that was held on June 28, 2006 and continued to the July 12, 2006 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. C7 PASSED AND ADOPTED by the City of Saratoga Planning. Commission, State of California, on July 12, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission 2 Attachment 3 • ~, Item S REPORT TO THE PLANNING COI~~IMISSION ApplicantlOwner: 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. Bead: ~tG v John F. Livingst~e, 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 yards' 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 yazds, Section 15-12.160 applies to front yards, exterior side yards or rear yazds of comer lots, and rear yazds 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 yazd applies to storage of all items listed in Subsection 15-12.160(b), not just trash, gazbage 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 regazding Section 15-12.160, it is recommended that the language be amended to clarify the existing law. Therefore, the language with regazd to the items to which the "five day rule" applies has been amended in the attached proposal to make it cleaz 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 yazd unless screened from public view incompliance 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, staffrecognized that recreational vehicles aze 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 yazd, exterior side or reaz yazd of corner lots, and reaz 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 t=uck or other motor vehicle for which they aze 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 yazd, exterior side or reaz yazd 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 recommendation 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 • • I I Attachment 1 i i i 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. i s 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 1 ~: ~7 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., st~esut). 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 reaz yard of comer lots, and reaz yazds of double frontage lots, except as hereinafter provided, shall .;,.e for any period of time in excess of five ~ days be used for the unenclosed storage o any ~'+~ ~??c-~~; o item listed in subsections (1) through (61 below Removal of such an ~tg*~ does not authorize subsequent storage of the item again for anv additional time. No item removed or prohibited by this section from cont~num~ 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 (d o t is ect~on. (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 customazily 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 reaz yazds 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 y 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, in 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: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: NORMAN KL,INE, MAYOR CATHLEEN BOYER, CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: RICHARD S. TAYLOR, CITY ATTORNEY 2 C7 C7 S y- ~ Saratoga Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 July 3, 2006 Dear Commissioners: I attended the meeting on June 28, 2006, at which I spoke to you. I will not be attending the meeting on July 12 for several reasons: 1) I have akeady expressed my opinion, 2) I have confidence that you will make the right decision for all of us in Saratoga, and 3) I am intimidated by my across- the -street neighbor, Mr. Viktor Polanski. I still believe that boats and RV's should not be stored in front of houses in residential areas, however, I can understand that RV's can come into front yards for loading and unloading. It should not take very long if the owners know they are leaving and prepare in advance. As commissioners you have staff to guide you, and I feel that they have investigated the complaints thoroughly. They, and you, do not want streets stored with boats and RV's and other items as listed in the amended provision. Polanski. When the moved ' I litel introduced m self I live alone across from Mr. y m, po y y and did inform them of the Saratoga code. They subsequently left for about 2 weeks and their mail was falling out of their mailbox. I picked up their mail, left a note on their doorstep telling them that I had their mail, and moved their garbage cans back from the street. When they came home, Mrs. Polanski came over for their mail and told me angrily not to touch their mail again. I have not. They wrote me a letter, which they placed in my mailbox, and inferred that I was against Russian immigrants. I am not against anyone. I was a successful school principal and I cared for all people. I did give the letter to Jana Rinaldi, our code enforcement officer. On the evening of June 29, about 11 p.m., my neighbor saw someone (possibly Mr. Polanski) place two papers on her car's windshield. She gave them to me, and I am enclosing copies for you. Whether these were circulated before the June 28 meeting or had the wrong date on them, meaning July 12, I do not know. At least one other resident received these letters. I do not appreciate my address being placed on doorsteps of people, some unknown to me. Yesterday the Polonskis stopped a car passing by, gave him his flyers, and talked to him. It makes me fearful of retribution since I am a widow and live alone. Two other neighbors have boats and store them elsewhere. We see them occasionally, but not for storage. Everyone should follow the rules of Saratoga, and not try to change them for their benefit. I think the proposed amendment should be adopted, with the ;'- f change that there be a time limit for loading and unloading of RV's. When I was on the safety commission there were 2 '/z code enforcement oi~icers, then that was reduced and it became complaint based, because of a shortage of money. I was not in favor of the complaint based because it did create a problem with consistent enforcement. Perhaps if the revised code was explained to the population of Saratoga, we could have better enforcement. Very few people know about this situation. The notice to the residents of the amended code, was probably in the legal ads which is placed in front of the classified ads in the Saratoga News, and not too many people read this in the paper. So I believe that probably those in attendance were those that were notified and their neighbors, but not the general population of Saratoga. I believe that the general population still believe that Saratoga does not allow boats and RV's in front of houses. Many people in Saratoga question why the boat is across the street from my house for such a long period of time. Mr. Polonski has stored his boat in his driveway since he moved in last yeaz. The majority of those in attendance at the June 28 meeting were in favor of the amended code, but with a time limit as to how long RV's could be brought in to load and unload. support a limit that can be enforced. In the 40 plus years I have lived here, I have not encountered a situation like this, and I have never felt intimidated before. I will be watching the meeting on the 12~' on television. I trust that you will rectify this situation, and that the issue will be resolved in a satisfactory manner. sincerely, Mrs. Angie Fredrick 18377 Purdue Drive Saratoga, CA 95070 Ph. 408-379-2633 Cc: John Livingston, Director of Planning Department Cc: Vada Vasudevan, Associate Planner • ~Ci of Sarato a's Plannih De artnt is to sto or shorten the ty g g p g p Length o~ time w~ ear park our M RV's, Boats, Tra~lezs, Cam, etc.- on our driveways We aye Crr~ently D to 5 days. They are stealing our property rights! Please help stop the Department by speaking out against this amendment or by shoving your support by wearing Blue shirts and blouses to the public hearing,,on: ~ Wednesday, June 28~', 2006 at 7:00 p.m. At The City Hall Theater located at 13777 Fruitvale Ave. The Department is trying to limit our property rights by amending section 15- 12.160 of the Saratoga Code relating to Storage of "Personal Property and Materials". Then we will be fined. "Personal property and materials" means our RV's, Boats, Trailers, Cars whatever the Department or an Unfriendly Neighbor finds objectionable. Questions? Contact Simon at sevan@barcelonaapt.com or (408) 234-7952 wear Neighbors, I was there at that meeting (for 5 hours), and my two "good neighbors" (18377, and 18363 Purdue- ' -= drive) spoke very. passionately against my boat, and against any boats or RV's for that matter (despite t he has kept his junk car under a cover for at least 10 month in his driveway - since I came in ctober it was there, and I presented the commission with the picture of it). There were many people at that meeting who has expressed their indignation about infringement on our property rights. There is a grass root movement for it's defense, and I argue you to send an email or drop a note to Simon, who, together with his wife, has started this movement (sevan(a~barcelonaapt.com, 408-234-7952) Please be involved, otherwise we all will need to look for a rental facility for our property, and there will not be enough storages for all of us. My thought on this is -THE SIZE OF DRNE WAY SHOULD DETER.NIlNE HOW I~~IANY VEHICLES (no matter whether cars of boats, or RV,s} Can Be Kept There. The owner should have all the rights to keep his/her belongings (which should appear to be in a nice, clean shape and form) in his private driveway, as long as such a driveway can accommodate them. Not on a public street - except for 3 days! BEVARE, next time they will regulate how many cars you can have in your possession. Believe me, I know and I have experienced how it goes, because I have escaped to this free country (???) from unist Russia. But even in that dictatorship country there was.no a law or regulation, which is ased on a com laint of the nei bor! This is what the commission is' going to introduce as a code! P ~ It's ridiculous, but just in case -you'd better start- bribing your neighbors, because it might be they will be your law enforcement, enforcing a law that will be based on their mood, and how much they like or dislike you, and whether they like the dinner you invite them for. PLEASE BE INVOLVED: as one of boat owners put it wonderfully there at the meeting "Let's be Americans, let's continue leaving in a free Country, let's fight for. our freedom and rights!" Again, email Simon (sevan~barcelonaapt.com, or ca11234-7952), send your letters to City of Saratoga (Cats Vasuclevan, Associate planner, Community Development Department,13777 Fruitvale Ave, Saratoga, CA 95070), call her 408-868-1222. Viktor Polonsky, Doctor of Music The Owner of Polonsky Piano School, and afro-line 22 feet 2004 boat. 18372 Purdue Drive atoga, CA 95070 8-472-3280 C.C. Lata Vasudevan, Associate Planner, City of Saratoga Dear Neighbors, I vas there at that meeting (for 5 hours), and my two "good neighbors" ( 18377, and 18363 Purdue drive) spoke very passionately against my boat, and against any boats or RV's for that matter (despite -that he has kept his junk.car under a cover.for.at least 10 month in his driveway - since I came- iri October it was there, and I presented the commission with the picture of it). There were many people at that meeting who has expressed their indignation about infringement on our property rights. There is a grass root movement for it's defense, and I argue you to send an email or drop a note to Simon, who, together with his wife, has started this movement (see an%arcelonaapt.com, 408-234-7952) Please be involved, otherwise we all will need to look for a rental facility for our property, and there w~i 11 not be enough storages for all of us. My thought on this is -THE SIZE OF DRIVE WAY SHOULD DETERMINE HOW MANY VEHICLES (no matter «~hether cars of boats, or RV,s) Can Be Kept There. The -owner should have all the rights to keep his/her- belongings (which should appear to be in a nice, clean shape and form) in his private driveway, as long as such a driveway can accommodate them. Not on a public street - except for 3 days! BEV:ARE, next time they will regulate how many cars you can have in your possession. Believe me, 1 kno~~ and I have experienced how it goes, because 1 have escaped to this free country (???) from communist Russia. But even in that dictatorship country there was no a law or regulation, ~vhici~ based on a complaint ~f the neighbor! This is what the commission is going to introduce as a code. It's ridiculous, but just in case you'd better start bribing your neighbors, because it might be they will be your law enforcement, enforcing a law that will be based on their mood, and how much they like or dislike you, and whether they like the dinner you invite them for. PLEASE BE 1NVULVED: as one ~of boat owners put it wonderfully there at the meeting "Let's be Americans, let's continue leaving in a free Country, let's tight for our freedom and rights!" Again, email Simon (see an~Lbarcelonaapt.com, or ca11234-7952), send your letters to City of Saratoga (Lata Vasudevan, Associate planner, Community Development Department, 13777 Fruitvale Ave, Saratoga, CA 95070), call her 408-868-1222. Viktor Polonsky, Doctor of Music 'The Owner of Polonsky Piano School, and uPro-line ?? feet ?004 boat. 183 7= Y~;rdue Drive Saratoga, CA 9070 408-472-3280 IJ (1 ;. . rri-_ 0 ~ 2006 L`'' Cl1'Y OF J~itA ~ ;~ . ,,,i,,.r., ., ~ ~,. • C.C. Lata Vasudevan, Associate Planner, City of Saratoga Saratoga Planning Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 July 3, 2006 Deaz Commissioners: I attended the meeting on June 28, 2006, at which I spoke to you. I will not be attending the meeting on July 12 for several reasons: 1) I have already expressed my opinion, 2) I .have confidence that you will make the right decision for all of us in Saratoga, and 3) I am intimidated by my across- the -street neighbor, Mr. Viktor Polanski. I still believe that boats and RV's should not be stored in front of houses in residential areas, however, I cari understand that RV's can come into front yazds for loading and unloading. It should not take very long if the owners know they are leaving and prepare in advance. As commissioners you have staff to guide you, and I feel that they have investigated the complaints thoroughly. They, and you, do not want streets stored-with boats and RV's and other items as listed in the amended provision. I live alone across from Mr. Polanski. When they moved in, I politely introduced myself and did inform them of the Sazatoga code. They subsequently left for about 2 weeks and their mail was falling out of their mailbox. I picked up their mail, left a note on their doorstep telling them that I had their mail, and moved their gazbage cans back from the street. When they came home, Mrs. Polanski came over for their mail and told me angrily not to touch their mail again. I have not. They wrote me a letter, which they placed in my mailbox, and inferred that I was against Russian immigrants. I am not against anyone. I was a successful. school principal and I cared for all people. I did give the letter to Jana. Rinaldi, our code enforcement officer. On the evening of June 29, about 11 p.m., my neighbor saw someone (possibly Mr. Polanski) place two papers on her caz's windshield. She gave them to me, and I am enclosing copies for you. Whether these were circulated before the-June 28 meeting or had the wrong date on them, meaning July 12, I do not know. At least one other resident received these letters. I do not appreciate my address being placed on doorsteps of people, some unknown to me. Yesterday the Polonskis stopped a car passing by, gave him his flyers, and talked to him. It makes me fearful of retribution since I am a widow and live alone. Two other neighbors have boats and store them elsewhere. We see them occasionally, but not for storage. Everyone should follow the rules of Saratoga, and not try to change them for their benefit. I think the proposed amendment should be adopted, with the change that there be a time limit for loading and unloading of RV's. • When I was on the safety commission there were 21/z code enforcement officers, then that was reduced and it became complaint based, because of a shortage of money. I was not in favor of the complaint based because it did create a problem with consistent enforcement. Perhaps if the revised code was explained to the population of Saratoga, we could have better enforcement. Very few people know about this situation. The notice to the residents of the amended code, was probably in the legal ads which is placed in front of the classified ads in the Saratoga News, and not too many people read this in the paper. So I believe that probably those in attendance were those that were notified and their neighbors, but not the general population of Saratoga. I believe that the general population still believe that Saratoga does not allow boats and RV's in front of houses. Many people in Saratoga question why the boat is across the street from my house for such a long period of time. Mr. Polonski has stored his boat in his driveway since he moved in last year. The majority of those in attendance at the June 28 meeting were in favor of the amended code, but with a time limit as to how long RV's could be brought in to load and unload. support a limit that can be enforced. In the 40 plus years I have lived here, I have not encountered a situation like this, and I have never felt intimidated before. I will be watching the meeting on the 12~' on television. I trust that you will rectify this situation, and that the issue will be resolved in a satisfactory manner. Sincerely, J Mrs. Angie Fredrick 18377 Purdue Drive Saratoga, CA 95070 Ph. 408-379-2633 Cc: John Livingston, Director of Planning Department Cc: Vada Vasudevan, Associate Planner r~ LJ i r~ ~~ i Item 2 REPORT TO THE PLANNING COMMISSION Application No./Location: 06-311; 16150 Cuvilly Way Type of Application: Design Review Owner/Applicant: Kansky/Kohlsaat~ Staff Planner: Shweta Bhatt, Assistant Planner ~~: ~~~ Meeting Date: July 12, 2006 APN: 517-13-041 Department Head: ~~ John F. Livingston , AICP -"° _ -' f. `~ , `~ . { " €` `~. Subject: 1. ., • .. ~ . ~. ~ ! ~ r • ;, "11. ~ 16150 Cuvilly Way ' ,vlr\ . APN:517-13-041 ` '~..j I ' ~`'. ~ ~ 500'Radius lu. 1 y LOT 11 • ' ~ • ~~,} . ~`4Yi~aa..a TVriLI i~ • aL~ 1. \ ~~t+ -s h~ ,` ~ a 7 K I \ ~4 -1+/ 0.rN 1{ or Ll~ ~; 0.ix1 K M[r ~J iw i'' .r">ir -"i-_ ~ L0T 0 '"`u I.m K uL +~ 4° ~ ~~y~~ i 1'All KNriLI I > T~ I LW KQ•• ~1'-G .m>c f I ~_-ui9 ~ Lill KIICT o K Icr .+ »... * rr.: f• .~, ~~`~ ~ / .o ..1 _~.{ :Lor T>U ~ ~ ~Aa '~ I e~_ .;~ 1 v •~ p 1 wK >• ° r ~ ~S~ y~ _: ~ ,.,..' ~' ,. e,~~~T.... ,~ ~ F ~ N Lor : ~! ; ~„ r. ~ " R c ~ .rt %a P0. x ° \L f ~i ~ lim ~; ~ and f [ •, yo+' =.a% Lor e!a ZI 6' ~• Lx>x coR ; ~ • L>i .1I I~ ug ~ ~°'•l F1.. „~"TII ,' ~~_ ,a. _~ . ~~x.. Q~~^^ LOT , fo..- , . x. y.J r ; `I>x Kos = '; ~~~ -. ; ~: ` .» .. liT 111 T. ~~ '~ IT.iS K.ii. 1r - w. -i~w .y r3i l ~i~ ? ... --- .. _ ~ ° 1 16150 Cuvilly Way (Lot 10) Application No. 06-311;16150 Cuvilly Way EXECUTIVE SUMMARY CASE HISTORY: Application filed: 03/21/06 Application complete: 06/12/06 Notice published: 06/28/06 Mailing completed: 06/20/06 Posting completed: 07/06/06 PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a new single-family dwelling on a currently vacant lot. The dwelling will consist of approximately 6,077 square feet, including a garage approximately 762 square feet in size. The site is located in the R-1- 40,000 zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-45.060 and as a requirement of all lots within the subdivision. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve this design review application by adopting the attached resolution with conditions. • Application No. 06-311;16150 CuviJly Way r~ LJ STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 55,626 gross square feet and 47,350 net square feet SLOPE: 8.9 % average site slope GRADING REQUIRED: There will be approximately 350 cubic yards of cut and 100 cubic yards of fill for this project. 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: The proposed materials and colors consist of exterior stucco in yellow ochre, complemented by stone veneer accent walls, clay roofing, and aluminum clad windows in light brown. The design also features exposed wood lintels over doorways in brown. A color and materials board will be available at the public hearing. t Application No. 06-311;16150 Cuvilly Way PROJECT DATA R-1-40,000 Zonin Pro osed Re uired Site Coverage Residence: 5,305 SF (11.2%) Maximum Garage: 762 SF (1.61%) Allowable = Other Impervious Areas: 4,728 SF (9.99%) 16,572.5 SF (35%) TOTAL Site Covera a 10,795 SF (22.80%) Floor Area Living Area 5,305 SF Maximum Garage 762 SF Allowable = 6,160 Covered Porch 10 SF SF TOTAL Floor Area 6,077 SF Setbacks Front: 35 Feet 8 Inches 30 Feet Rear 76 Feet 10 Inches 50 Feet Left Side: 26 Feet 20 Feet Right Side: 20 Feet 2 Inches 20 Feet Height Lowest Elevation Point 614.5 Maximum Height = Highest Elevation Point 623.0 644.75 (26 Feet in Average Elevation Point 618.75 Height) Proposed Topmost Point 639.17 (20.42 Feet in Height) PROJECT DISCUSSION Site Characteristics and Project Description The applicant is requesting design review approval to construct a new 6,077 square foot home on a site that is part of the Chateaux de Notre Dame 11-lot subdivision established by the Sobrato Construction Corporation. The subject site is currently vacant with what appears to be remnants of a walnut orchard. Many of the existing mature trees are located along the south-easterly property line. C. r~ u The proposed home features a 762 square foot three-car garage and 5,305 square feet of living space. Terraces integrated into the entry area and at the rear of the structure provide building articulation, functional use, and also allow for a transition between interior and exterior space. Characteristic architectural elements of the structure include exposed door lintels in brown stained wood, windows with aluminum clad wood frames in light brown, stone veneer on the tower feature and exterior accent walls, a clay the chimney cap, and a clay barrel roof: Overall the structure has a rustic appearance, which is particularly attributed to the proposed stone veneer, clay roofing, and wooden garage doors. Staff is able to make design review findings for the proposed structure, especially due to its careful design and selection of high-quality materials. The style of the home _ Application No. 06-311;16150 CUVilly Way appears compatible with other homes previously approved in the area and is of similar mass and bulk. Neighbor Review The applicant has notified neighbors within close vicinity of the project. Neighbor notification letters have been attached to this staff report. As stated in the notification forms, neighbors to the northwest and the southeast .have requested trees to be planted alongside the common property lines. The applicant has agreed to the requests and has shown these trees on the proposed landscaping plan. Additionally, another neighbor to the southeast has expressed concern regarding tree protection, particularly for the mature oak trees along the mutual property line. To address this issue, the arborist has recommended tree fencing and a tree bond prior to issuance of City permits. These recommendations have been incorporated into the resolution as a condition of approval. Staff has not received any further comments as of the preparation of this staff report. Trees The arborist has inventoried a total of thirty-seven (37) trees for this project. Eighteen (18) trees are proposed for removal, four (4) of which are not protected by City Ordinance. Out of the remaining fourteen (14) trees, only two (2) are in good condition. According to the arborist report, it may be possible to relocate these oak trees, but they often times do not survive transplantation. Instead, the arborist recommends replacing the two (2) oaks with new oak(s) following completion of construction. The proposed landscaping plan has also been reviewed by the arborist and indicates replacement trees that exceed the value of those proposed for removal. Additionally, tree fencing and a bond in the amount of $114,860 will be required to ensure that the remaining trees on the property are properly maintained. Geotechnical Clearance As a condition of subdivision approval, geotechnical review is required for all development in this subdivision. Geotechnical Clearance with conditions has been granted for this project. These conditions have been incorporated in the attached resolution. General Plan Findings The proposed project 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 proposal will construct a new one-story single-family residence. Proposed building materials consist of earth tone colors and the design is rustic in appearance. The project is well-articulated and strategically located on the property. Application No. 06-311;16150 Cvvilly Way 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 application meets the Findings required for Design Approval. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The proposed structure has been situated on the site such that the longer facades (front and rear) are the furthest from the property lines. Many of the wider, more expansive windows have been proposed along the rear facade, where a setback substantially greater than the minimum is proposed. Some screening trees currently exist on the property and in response to neighbor requests, the applicant is proposing additional trees to enhance privacy. Additionally, the structure is single story, well below the maximum allowed height, and is proposed on the lower areas of the site, thus reducing the impact to surrounding views. (b) Preserve Natural Landscape. A majority of the trees proposed for removal are in fair or poor condition and appropriate to remove. To compensate for the removal of these trees, replacement trees, some of which are native species, are proposed. (c) Preserve Native and Heritage Trees. All Arborist report recommendations have been made conditions of approval of the project to ensure a high degree of survival for all trees retained on site. Of the eighteen (18) trees proposed for removal, two (2) aze of native species. These coast live oaks aze of relatively small size and are proposed to be replaced with a lazger size oak tree. Additionally, several of the other proposed replacement trees consist of native species, including black oak and redwood. The structure has been setback from the remainder of the trees on the site, which will be protected with fencing during the construction process. (d) Minimize perception of excessive bulk. The project has been designed with cazefully selected materials that accentuate azchitectural details such as door lintels. Additionally, the building is situated on the site such that it will be neatly nestled into the natural contours and configuration of the site. The proposed building is articulated such that it allows for the creation of outdoor spaces such as terraces, which in conjunction with varying rooflines and use of high-quality materials, assist to disperse the massing and reduce the perceived bulk of the structure. Additionally, the use of earth tone materials assists to blend the structure with the surrounding natural environment. Application No. 06-311;16150 Cuvilly Way • (e) Compatible bulk and height. The proposed residence will be located on a site that has been recently subdivided. Several sites in the vicinity have obtained approvals to construct homes of similar bulk and height.. Additionally, the proposed project is single story and is well under the maximum allowed height for the zoning designation. (f) Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control methods. The applicant is required to maintain stormwater on site, where feasible: (g) Design policies and techniques. The proposed project conforms to 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. Conclusion Staff finds that the Design Review findings can be made in the affirmative. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve design review application 06- 311 with conditions by adopting the attached resolution. ATTACHMENTS: 1. Resolution of Approval for Design Review. 2. Arborist Reports, dated Apri125, 2006 and May 31, 2006. 3. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 4. Neighbor review letters. 5. Reduced Plans, Exhibit "A." • • Attachment 1 • • APPROVAL OF RESOLUTION NO. Application No. 06-311 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Kansky; 16150 Cuvilly Way WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a new single story 6,077 square foot home. The new home will be less than 26 feet in height and will be situated on a vacant 47,350 (net) square foot lot in the relatively new Chateaux de Notre Dames Subdivision. The lot is situated in the R-1-40,000 zoning district; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to construct a new single family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This Class 3 exemption applies to construction of a single family home in an urbanized area; and licant has met the burden of roof re uired to su ort said WHEREAS, the app p q pp application for design review approval, and the following findings specified in City Code Section 15-45.080 and the City's Residential Design Handbook have been determined: NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: (a) Avoid unreasonable interference with views and privacy. The proposed structure has been situated on the site such that the longer facades (front and rear) are the furthest from the property lines. Many of the wider, more expansive windows have been proposed along the rear facade, where a setback substantially greater than the minimum is proposed. Some screening trees currently exist on the property and in response to neighbor requests, the applicant is proposing additional trees to enhance privacy. Additionally, the structure is single story, well below the maximum allowed height, and is proposed on the lower areas of the site, thus reducing the impact to surrounding views. (b) Preserve Natural Landscape. A majority of the trees proposed for removal are in fair or poor condition and appropriate to remove. To compensate for the removal of these trees, replacement trees, some of which are native species, are proposed. • Application No. 06-311;16150 Cuvilly Way (c) Preserve Native and Heritage Trees. All Arborist report recommendations have been made conditions of approval of the project to ensure a high degree of survival for all trees retained on site. Of the eighteen (18) trees proposed for removal, two (2) are of native species. These coast live oaks are of relatively small size and are proposed to be replaced with a larger size oak tree. Additionally, several of the other proposed replacement trees consist of native species, including black oak and redwood. The structure has been setback from the ~ remainder of the trees on the site, which will be protected with fencing through the construction process. (d) Minimize perception of excessive bulb The project has been designed with carefully selected materials that accentuate architectural details such as door lintels. Additionally, the building is situated on the site-such that it will be neatly nestled into the- natural contours and configuration of the site. The proposed building is articulated such that it allows for the creation of outdoor spaces such as terraces, which in conjunction with varying rooflines and use of high-quality materials, assist to disperse the massing and reduce the perceived bulk of the structure. Additionally, the use of earth -tone materials assists to blend the structure with the surrounding natural environment. (e) Compatible bulk and height. The proposed residence will be located on a site that has been recently subdivided. Several sites in the vicinity have obtained approvals to construct homes of similar bulk and height. Additionally, the proposed project is single story and is well under the maximum allowed height for the zoning designation. (fJ Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control methods. The applicant is required to maintain stormwater on site, where feasible. (g) Design policies and techniques. The proposed project conforms to 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. Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 06-311 for Design Review Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The proposed home shall be constructed as shown on Exhibit "A" incorporated by reference. • Application No. 06-3II;16150 Cuvilly Way 2. Four sets of complete construction plans incorporating this Resolution and the Arborist Reports, dated Apri125, 2006 and May 31, 2006 shall be included on the plans submitted to the Building Division for permit plan check review. 3. Final landscape, irrigation and utility plans shall be incorporated into the construction plan set and shall take into account the following requirements: • 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. • 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. • Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. • 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. • Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. • A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. 4. Front yard landscaping shall be installed prior to final occupancy inspection. 5. Any changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. No downgrading in the exterior appearance of the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 6. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." Application No. 06-311;16150 Cuvilly Way 7. A storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. 8. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 9. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance at all times. In the event that the balance is less than $500, all staff work on the project shall cease until the balance is restored to a minimum of $500. CITY ARBORIST 10. All recommendations contained in the City Arborist Report dated April 25, 2006 and May 31, 2006 shall be followed. 11. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by Staff prior to issuance of City Permits. 12. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $114,860 to guarantee the maintenance and preservation of trees. 13. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. GEOTECH1vICAL CLEARANCE 14. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for the building foundation and driveway) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. In addition, the consultant should address the following: • The consultant has recommended the use of minimum 14-inch-diameter piers for foundation support. However the local prevailing standard of practice is to utilize a minimum pier diameter of 16 inches. The consultant should verify that final foundation design plans are in conformance with prevailing local standards. • Application No. 06-311;16150 Cvvilly Way • The consultant should provide appropriate seismic design parameters in conformance with the 1997 UBC. Seismic parameters should consider the relatively close proximity of Type B faults noted above, in addition to the proximity of the San Andreas fault. • The consultant has recommended that 4" of drain rock be placed under slabs on grade. The local prevailing standard of practice is to cover the drain rock with an appropriate impermeable membrane to prevent transmission of moisture through the slab. We suggest that a capillary break system be considered for the garage slabs as well. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter(s) and submitted to the City Engineer for review and approval prior to issuance of City permits. 15. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, and foundation construction prior to placement of fill, steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to final project approval. 16. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to project Zone Clearance. FIRE DEPARTMENT 17. The applicant shall comply with all Fire Department conditions as outlined below. • Property is located in a designated hazardous fire area. • Early Warning Fire Alarm System shall be installed and maintained. The alarm contractor shall submit three (3) copies of working drawings to the fire district for review and approval. The alarm system must be installed by a licensed contractor. The fire district must issue a permit prior to the installation of the EWAS system (City of Saratoga Code 16-60). • Automatic sprinklers shall be installed for the new 6,077 sq. ft. dwelling including any garage, workshop, storage areas and basement. An NFPA 13D sprinkler system is required (see S&R SP-1 for requirements). The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic Application No. 06-311;16150 Cuvilly Way requirements. The suppression contractor shall submit three (3) copies of working drawings and calculations to Saratoga Fire District for approval. The sprinkler system and underground water supply must be installed by a licensed contractor (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures X500 sq ft). Driveways: All new or improved driveways shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side (City of Saratoga Code 16-15.200, as required by Saratoga Fire District). • Unobstructed vertical clearance shall be not less than 13 feet 6 inches (CFC 902.2.2.1). • Security Gate: New or existing security gate shall be a minimum 14 feet wide. If an installed security gate is locked, then gate access shall be through an approved lock box or other approved method which is purchased directly from Saratoga Fire. Details shall be shown on building plans (CFC 902.4). • Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property (CFC 901.4.4). CITY ATTORNEY 18. 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. Construction must commence within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this resolution shall become effective fifteen days from the date of adoption. • Application No. 06-311;16150 Cuvilly Way PASSED AND ADOPTED by the -City of Saratoga Planning Commission. State of California,- the 12th day of July 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • ~1 ~ ~ I Attachment 2 • • . • o{ SA$9~ ~'~ _ `~ O v~ ~ ~==-~- 4' ~o~t jFO>~~t Community Development Department City of Saratoga 13777 fruitvale Avenue Saratoga, California 95070 16150 Cuvilly Way Application #: 06-311- ARBORIST REPORT April 25, 2006 ~~~ Prepared by Kate Bear APN S 17-13-034 Owner: Kansky ISA Certified Arborist WE 2250A Introduction The property owners of 16150 Cuvilly Way have submitted plans to build a new home on a vacant lot. A total of 37 trees were inventoried for this report. Each tree has been assigned a number and specific data for each tree is compiled in a table at the end of this report. Inventoried trees include 9 coast live oaks.(#1, 2, 4, 5, 8, 9, 13, 34 and 35), 9 black oaks (#3, 6, 7, 14, 15, 22, 26, 27 and 28), 8 walnuts (#10-12 and 16-20), 7 redwoods (#21, 23-25 and 29-31), and 4 madrones (#32, 33; 36 and 37). Of the 37 trees inventoried, 18 grow in the vicinity of the project and are protected according to City Ordinance 13-50. Four trees in the vicinity of the project are not protected by ordinance and were not inventoried. The plans reviewed for this report include Sheet A-2, Site Plan, dated March 14, 2006, 200 (by Gary Kohlsaat Architect and Sheet C-1, Grading and Drainage, dated March 31,-2006 (by Allied Engineering). Tree locations and assigned numbers are noted on the attached copy. of Sheet A-2. Site Observations and Review of Plans Eighteen trees are proposed for removal. Of these eighteen, four are not protected by ordinance and were not inventoried. The remaining 14 trees (trees #10-12, 16-20, and 32-37) have a combined value of $8,190. Seven trees, #10 -12 and #16-20, are the remnants of a walnut orchazd, most of which have reverted back to the root stock species of black walnut, and are in poor condition. It is appropriate to remove these as proposed. The remaining six trees marked for removal include two young coast live oaks and four madrones, one of which is dead. The madrones are in fair or poor condition and it is appropriate to remove them as proposed. It may be possible to relocate the coast- live oaks to another location on the property, but they often do not survive transplantation very well. Instead,. I recommend replacing the two oaks with new oak trees following completion of construction. Replacement values for these trees can be found on page three of the Tree Inventory Table. Tree numbered 5 was not shown on the site plan. It has been marked on the attached map, but has not been surveyed. This tree should be surveyed and included on the plans for resubmittal. No landscape plans have been submitted. These must be evaluated for impacts to protected trees. • Per City Ordinance i3-'50.080, a bond amount of $114,860, which is equal to 100% of the total appraised value of trees #9, 13, 14, and 15, is required. Appraisal values are calculated according to the Guide for Plant Appraisal, 9`~' Edition, published by the International Society of Arboriculture (ISA), 2000. Pale 1 of 3 • 16150 Cuvilly Way Recommendations Design C~ 1. Incorporate this entire report into the set of final building plans and title it T-1-(Tree Protective Measures). Show the location of tree protective fencing on the Site Plan as identified on the attached map. 2. Survey and add tree #5 to the Site Plan. 3. Landscape plans must be evaluated for impacts to trees. 4. I recommend allowing the removal of the 14 ordinance sized trees on site and replacing them with new trees of a combined value of $8,190. Acceptable species for replacement include Quercus agrifolia, Quercus lobata, Quercus kellogii, Quercus douglasii, Quercus dumosa, Acer macrophyllum, Aesculus californica, Pseudotsuga menziesii, and Sequoia sempervirens. I recommend that two 36 inch box oaks of one of the species listed above be included in the replacement trees. 5. Design the project so that trenching for irrigation, lighting, drainage or any other aspect remains outside of the trees' canopies. If irrigation lines or electrical lines for lighting are designed inside drip lines of the trees' canopies, they must be placed on top of existing soil grade and covered with wood chips or other mulch. Irrigation in these locations must be of drip type and placed on top of grade. 6. Lldscape plans must show the following: a. Design irrigation so that it does not spray trunks of trees. Valve boxes and controllers must be installed outside of drip lines of tree canopies. b. No more than 20% of the area under the tree canopies may be planted. Plant selection must have similar water requirements to the trees under which they will be placed. c. Lawn must not be installed within the drip line of any oak or other drought tolerant tree; and must be limited to the outside 20% of the area under the canopy or water tolerant trees. I recommend placing mulch under the canopy of trees 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). Protection Measures During Construction 7. Owner shall provide a bond of $114,860, which is equal to 100% of the total appraised value of trees #9, 13, 14, and 15, prior to start of construction. 8. Tree protective fencing shall be installed as shown on the attached map and established prior to demolition or the arrival of construction materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, -two-inch diameter galvanized posts, driven 24 Page 2 of 3 • • C7 • 16150 Cuvilly Way 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. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation -and parking. 10. Any approved grading or trenching beneath the trees' canopies shall be manually perfonmed using shovels. 11. -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. 12. 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. 13. Herbicides shall not be applied beneath the tree canopies. Where used on site, they must be labeled for safe use near trees. Attachments: Tree Inventory Table Map Showing Tree Locations Paee 3 of iu .~ rs. •~ 'd w it c II o °o a ° ~~ °' b c .. pw, ¢ ~ o `~ G ~ o U ,° a q N ' v p w ~ R. II ~ P. r, ~ o 'd w q~° b .~ o II Uo ~ II ..o $ U ~. ~ p ~~ ~ ,~ ~.~ ~ ° ~ a o ~ o ~o ° ' ° TREE ` ~ ~ ~~ ~ .B o o ~ ~ ~ x ° ' o c U a o a~ ~ `~' o : . a ` N~: TREE NAME ~ E-~ C7 w ~ ~ a x ~ b a ~ a > O a v~ x ~ ~ ~ .., ~ A Z o ,. a a ¢ ' Coast live oak i ~ ~ ercus a i olia 60 45 75 25 Good Hi 5 X $60,500.00 Coast live oak 2 uercus a i olia 48 60 75 25 Good Hi 5 $47,620.00 Black oak 3 :,: ercus kello 'i 40 40 50 50 Good Hi h 5 $52,200.00 Coast live oak 4_ ; ercus a ' olia 20 35 75 25 Good Hi h 5 $ l 0,200:00 Coast live oak S . ercus a i olia 40 40 75 50 Good Hi h S X $46,600.00 Black oak `~ (:` . ercus kello ii 34 35 75 75 Good Hi 5 X $60,200.0 Black oak ~ . ercus kello 'i 30 40 75 75 Good Hi h 5 $48,200.00 Coast live oak g ercus a i olia 60 45 75 25 Good Hi h 5 $60,500.00 Coast live oak ':- 9* uercus a i olia 30 60 75 75 Good Hi 5 X $34,400.00 Black walnut 10 Ju lans hindsii 11 20 50 15 Fair Remove 5 $680.00 Black walnut 1 T Ju lans hindsii 20 15 0 0 Poor Remove 5 $0.00 _ English walnut 12 Ju laps re 'a 12 12 0 25 Poor Remove 5 $310.00 Coast live oak 13" uercus a i olia 13.5 15 75 75 Good Hi h 5 $7,060.00 Black oak 14* uercus kello ii 32 40 75 50 Good Hi h 5 $29,900.00 Black oak 1~* ercus kello ii 40 50 75 50 Good Hi 5 X $43,SOD.00 English walnut 16 Ju lans re is 10 15 25 0 Poor Remove 1 X $220.00 English walnut 17 Ju lans re is 18 15 25 25 Poor Remove 1 X $1,390. Address: 1b130 Cuvilly Way Apri120, 2006 Page 7 of 3 TREE INVENTORY TABLE • • a ~ .d ~ II o u c ° p ~ ~ ~ c o .~ ,-. 3 .~¢ a a ° ~^ c ~~ ~ II a a a ~ ^. ~ ~ .. o c °~' c b ~ w ~ ~ ~ ° ~ ' p" a II ~ II U c ° ~ ~ c b ~ ~ ~ .,r o ~ o ° ~ ~ ~ '~ x ~ c aoo ~ ~°~' a~ ' TREE ~ ~ .. ~ ~ ti i ~ ~ II U a o o ° a NO. TREE NAME E=~ c7 w ~ x °' ~ o O v~ x ~ ~ ~ A ~..~ a ¢ Black walnut 18 Ju lans hindsii 13 25 25 25 Fair Remove 1 X $730.00 Black walnut 19 Ju lans hindsii 10 20 25 25 Poor Remove 1 X $440.00 English walnut 20 Ju lans re 'a 13 20 25 0 Poor Remove 1 X $360.00 Redwood 21 Se uoia sem ervirens 7 12 100 l00 Good Hi 5 $2,200.00 Black oak 22 uercus kello 'i 24 50 100 100 Good Hi 5 X $11,900.00 Redwood 23 Se uoia sem ervirens 7 10 100 100 Good H' S $2,200.00 Redwood 24 Se uoia sem ervirens 6 10 100 100 Good Hi 5 $1,680.00 Redwood 25 Se uoia sem ervirens 6 10 100 100 Good Hi 5 $1,680.00 Black oak 26 Quercus kell 'i 32 45 75 50 Good H' h 5 X $29,900.00 Black oak 27 Quercus kello 'i 27 25 75 25 Good Moderate 5 $8,700.00 Black oak 28 uercus kello 'i 24 35 75 50 Good Hi 5 X $17,200.00 Redwood 29 Se uoia sem ervirens 7 10 75 100 Good Hi 5 $1,930.00 Redwood 30 Se uoia sem ervirens 6 12 75 100 Good Hi 5 $1,470.00 Redwood 31 Se uoia sem ervirens 7 12 75 100 Good Hi 5 $1,930.00 Madrone 32 Arbutus menziesii 12 30 75 25 Good Remove 1 X $1,260.00 Madrone 33 Arbutus menziesii 10.5 0 0 0 Poor Remove 1 X $0.00 Coast live oak 34 Quercus a ' olia 7 15 75 50 Good Remove 1 X $550.00 Apri120, 2006 Address: Page 2 of 3 16150 Cuvilly Way TREE INVENTORY TABLE • ~ a y .d ~ II o u ~ o p ~ r.. .d ~ • ~° ~~ w a o o o °° 3 ~ c g' . Q « o o y .~ G ~ ~ ~ O ~ _ ~ w ~ ~ ~ _--1~- ~ a ~ - `~°, ~ ~ ~ a ~ ~ 3 a 3 a w w~ w O > w b o II ~ II ~ ~, p ~ v ~ p ~ E ~ U ~ °' -r .r o ld a NO TREE NAME > C7 w ~ x a O ~n ~ ' ~ . ,~ q ~ ~ .Coast live oak 35 ercus a ' olia 7 20 75 50 Good Remove 1 X $550.fl0 Madrone 36 Arbutus menziesii 12 25 50 0 Poor Remove - 1; ; X $63D.00 ivgadrone 37 Arbutus menziesii 11 25 75 25 Fair Remove S _ ` X $1,070.00 * Denotes that a bond for the appraised value of the tree is required. Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 Should any tree listed above become damaged owner will be required to repair the damage. Should any tree listed above be removed owner will be required to replace that tree with trees equal in value to its assessed value. Address: 16150 Ctiviily Way Apri120, 2006 page 3 of 3 • I• • i~ • ~. ~ `''- ~.;. t a 3 ~' U ~°n rr ~o ., „~., ..x . N ~ rG N N ~ ~N ~ f ~~\ ~ ~ ~ ~ \' __ ~,, :. _ ~, .;. ,. .. ~1 ~~ ~ ~ ~' ~ d I ~~ a J 1 1 I I i ~ i 1 ti ~e Community Development Department Gty of Saratoga 13777 Fruitvale Avenue Saratoga, CaliFomia 95070 16150 Cuvilly Way Application #: 06-311 ARBORIST REPORT May 31, 2006 APN S 17-13-034 Prepared by Kate Bear Owner: Kansky ISA Certified Arborist WE 2250A Introduction This report reviews the landscape concept plan, Sheet L-1, dated May 24, 2006, by Gary Kohlsaat Architect, and the drainage plan, sheet C-1, dated May 5, 2006, by Allied Engineering. Review of Plans • The landscape concept plan is acceptable. Two oak trees are included in the plan as recommended in the arborist report dated Apri125, 2006. A total of 23 new trees of 24 inch box size are called out on the plans, providing a total replacement value of $11,500, which exceeds the required repiace~ment value of $8,190. The drainage plans appear to have minimal impact to the trees. The only trees potentially impacted by drainage are the oaks along the southeast side of the property. Drainage around the retaining walls at the garage and the steps to the lower part of the house should remain as close to the house as possible. ff possible, drainage should be kept to within five feet of the house. Excavation for a drainage Swale must not occur within the drip line of the canopy of any of the oaks along this side of the property. Recommendations 1. Provide drainage between the garage and the oak trees along the property line within five feet of the house. 2. Do not direct drainage swales so that they end under the canopies of oaks. Instead continue them down hill towards the back of the property. 3. Construct the retaining walls using pier and beam construction methods to avoid excavatian under the canopies of oaks. 4. Follow the concept provided in the landscape plan. • r_._ ~ _r ~ • • Attachment 3 • 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 20`h day of une , 2006, that I deposited 35 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 Ciry 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: 517-13-041 - 16150 Cuvilly Way; that on said day there was regular communication by United States Mail to the addresses shown above. .-, c ~~~ %~ 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 Sazatoga's Planning Commission announces the following public hearing on: Wednesday, the 12 day of July 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 aze 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.sazatoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: DR06-311 / 16150 Cuvilly Way APPLICANT/OWNER: Kohlsaat / Kansky APN: 517-13-041 DESCRIPTION: The applicant requests Design Review approval to construct a new single- family dwelling on a currently vacant lot. The dwelling will consist of approximately 6,077 square feet, including a gazage approximately 762 square feet in size. The height of the structure will not exceed the 26-foot height limitation. The site is located in the R-1-40,000 zoning district. Design Review approval by the Planning Commission is required pursuant to,Sazatoga Municipal Code Section 15-45.060. All interested persons may appeaz and be heazd 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, July 3, 2006. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Shweta Bhatt Assistant Planner (408)868-1266 June 19, 2006 500' Ownership Listing Prepared for: 517-13-041 . MATTHEW & CATHY KANSKY 16150 CUVILLY WAY SARATOGA CA 95070 517-07-025 517-07-028 517-12-002 PETERS & KAREN MUNRO BARRETT C & WANDA ANDERSEN JOHN M & NICOLETTE TEETER 14795 BOHLMAN RD 20870 JACKS RD 14760 OAK ST SARATOGA CA 95070-6305 SARATOGA CA 95070-5711 SARATOGA CA 95070-6058 517-12-004 517-12-022 517-12-029 KATHLEEN SCHAUB JOHN A & ZOE SAUNDERS HOC ASSOCIATES INC 14732 OAK ST 20550 LOMITA AVE 20548 LOMITA AVE SARATOGA CA 95070-6058 SARATOGA CA 95070-6088 SARATOGA CA 95070-6088 517-12-036 517-13-035 517-12-030 517-12-031 SARATOGA CEMETERY DIST SCC JOHN C & BEVERLEY DARLINGTON. DENNIS A & JILL HUNTER OR CURRENT RESIDENT 20604 LOMITA AVE 20606 LOMITA AVE 14766 OAK ST SARATOGA CA 95070-6024 SARATOGA CA 95070-6024 SARATOGA CA 95070-6058 021 517 13 022 1 517-13-010 517-13-020 517- - - 3- GREGORY T & BONNIE FOX KRISTINA Y MCMAINS BONNIE & GREGORY FOX OR CURRENT RESIDENT 15015 BOHLMAN RD 15175 NORTON RD 15175 NORTON RD SARATOGA CA 95070-6354 SARATOGA CA 95070-6334 SARATOGA CA 95070-6334 517-13-025 517-13-026 517-13-029 517-13-023 JOHN M & ABBY SOBRATO SOBRATO CONSTRUCTION MARTIN CAGAN OR CURRENT RESIDENT CORPORATION 15001 BOHLMAN RD 106000 N DE ANZA BLVD 200 OR CURRENT RESIDENT SARATOGA CA 95070-6354 CUPERTINO CA 95014 10600 N DE ANZA BLVD 200 CUPERTINO CA 95014-2059 517-13-027 517-13-030 517-13-031 SARATOGA PARTNERS POWERPLAY PROPERTIES LLC ERIC YOKOTA OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1475 SARATOGA AVE 250 15244 MONTALVO HEIGHTS CT 719 PEACHTREE CT SAN JOSE CA 95129-4952 SARATOGA CA 95070-6300 CAMPBELL CA 95008-6354 517-13-032 517-13-037 517-13=040 DAVID MAGGETTI JOHN M SOBRATO ROBERSON TRUST OR CURRENT RESIDENT 10600 CUVILLY CT OR CURRENT RESIDENT 1814 PATIO DR SARATOGA CA 95070 13681 OLD TREE WAY SAN JOSE CA 95125-5649 SARATOGA CA 95070-5415 517-13-041 517-13-042 517-18-028 MATTHEW & CATHY KANSKY JOHN SOBRATO ALAIN A COUDER OR CURRENT RESIDENT OR CURRENT RESIDENT 14941 VICKERY AVE 1315 ARBOR AVE 10600 N DE ANZA BLVD SARATOGA CA 95070-6345 LOS ALTOS CA 94024-5332 CUPERTINO CA 95014-2000 :517-18-029 517-18-030 517-18-031 STEPHEN D YOUNG WILLIAM T CLEARY JUDITH L & GERALD BUTLER 14921 VICKERY AVE 20645 MONTALVO HEIGHTSDR 15015 VICKERY AVE TOGA CA 95070-6345 SARATOGA CA 95070-6337 SARATOGA CA 95070-6346 517-18-033 ROBERT THURMAN 20634 VICKERY AVE SARATOGA CA 95070-6347 517-18-041 WILLIAM T CLEARY 20645 MONTALVO HEIGHTSDR SARATOGA CA 95070-6337 517-18-042 FRANK C & JOANN SO 20650 MONTALVO HEIGHTSDR SARATOGA CA 95070-6364 517-18-043 JAMES S & LYNDA MORLEY OR CURRENT RESIDENT PO BOX 9706 SAN JOSE CA 95157-0706 517-38-001, 002, 003, 004 W L PELIO OR CURRENT RESIDENT 14573 BIG BASIN WAY SARATOGA CA 95070-6801 • 517-18-063 DAVID W & CHRISTINE PIDWELL 20628 VICKERY AVE SARATOGA CA 95070-6347 City of Saratoga Attn: Shweta Bhatt 13777 Fruitvale Avenue Saratoga CA 95070 517-18-065 JUDITH L & GERALD BUTLER 20622 MONTALVO HEIGHTSDR SARATOGA CA 95070-6364 -• • . Neighbor Notification Template for Development Applications Datc: " % - p 6 PROJECT ADDRESS: Cof /~ C~;,;tly ~~ Applicant Name: ~/4~7-I~w ~}rp G4`f'tf5 ~i4;yS~c y Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express arty concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the Ciry of Saratoga. ~vly signature below certifies the following: l have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I have issues or concerns which after discu ssion with the applicant, have not been addressed My concerns are the following (please attach additional sheets if necessary): ~L~.S i Neighbor Name: ~ ~ - ~~ ~ ~^ Neighbor Address: Neighbor Phone #: °~) 22--~ro7 Signature: ~~ ~ ~,.~ printed: r City of Saratoga Planning Department ..ue.~..e w.e o~w.. r.uu .~.ur~ns,n tw0~7i G.7Y-~ t0 .f/61/IOti bLil/A 1+.0PJ~, Neigfibor Notifratioa'~e>~aplate >for Deg elo~ment A,pplicstians Neighbor Name, Rate: ~ttonEC7' nia~iti;ss:_ Lar /o c x,11 wR'~ -- Applican~tharne: ~/~~~ A/~~ C THy /~C~9~Y~try _,. Applir-ation Nwrlbec: T'hs Saratogrr.Plarming Commission ra~rltl~es gpplicar~ls to worlE wtth their rtelghbo~ w address Issues ar~cvncerrts regardi~ davelop-Rent gpplicadons,prio-' to the svlning of the public bdarirt8 pn the proposed,~ro, j~c. X'i+e Planning Conrrr+issron dues rbt look jm~ora6ty ra~pon nerSlebors who fail tv vvir. d~tr concerns and tssr~s when 6oHeitad by applicanLv prior rv ~ public hearin& St~'a-rd tfis Plarrrsi~ Cvrrsrnission prefer that teelglrbwa rake this op~Cro m sxprest arty Qo>resroct or isseres they nary. have dlr+edly to the appllraRt ,Please t~tlut~ the signetrtrie an this dacttmenr is repre.~rmative of all residents residtn{g; ore yore pnn, petty. Irrespeetive ref the uPirrJon wed below, yore miay rrserv¢ d+e right rd pmend~~our ope»ion at a later dare and comartarioote it M the City ~v},Srrraroga. . ~My gigttatan belwv certifies ~e following: I have reviewed tine project plans; ~ undeistat-d tlL~co~e. of work' a~c1 x cio NOT have any aaiceras ox issae®wl~ iaeedt to be address by the applicatit prior to the Cites public 3'teaz'ing on the proposed projeet. LJNry signxt-ire below certifies ehe fv)bwiag; Y have t~eviewed. the prt>ject p7ee>,; j ~drrsksrut the scoex of wQt~: attQ I bane iesoee our concerw,.vh~ch after afcca~o~ wl~ ~e appNeaut, bsve aot beets addreasad My oor~:erns era the t'oilawi~ (please attach additional sheets if necesssry): Neighbor Address: ~a ~ • ' N ' binor Phone #: / ~ ~ 467 Signature: knaua: City ofSca~crtoga Plaritting Departrretru M Neighbor Notification Template for Development Applications Date: 3 " ~ s - b PROJECT ADDRESS: Lo+ /O C uv ~ Il4 t'/h y Applicant Name: ~]/9~1t6~ A^'n c~aTNy kx~~usk y Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express arty concerns or issues they may have directly to-the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ^My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not. been addressed My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: ~t?D ~ CG,~G~/G G r C'! rAe~~. ~ ~ S~~ Neighbor Phone #: Printed: ,Tam ~~ r~o/~4r~ City of Saratoga Planning Department MAR 19,2006 22:38 4088672063 Page 1 Neighbor N'oti~cation 'Z'emj~late for Developmcrtt Application Date: ~/ 1~~0(~ P1tUJk?C.''f'nnri~rss:_~.~,f ic? :,.,:ltl~Gvl~t~. ._. ~.ppGcantNamz: >~~}~lffcv~r~D C.A7-lly ~A;~SX.~f tlpplicatian Nutt~hrr: l he Scrrutu~~u J'lunnins,• ('.irrrrrnirsrnrr re~rtrrirc~s ilpp/rcun[s tv work with Their rtei~yrhurs to adrlrE'ss issues stets/cunc~rrrrzs re~urdi»I? devlrlupltter7t uj~jrlic•ativrzs jtrtnrty /hc~ ~~4~c<lrirr~frrf~ the,puhlic. hectriat; r~rr the proposed pt•~jet•[. 77tH Plattrtirta~ l.'mm~tissinrt rlacs ttnt !r'-i,k •Juvur-uhly uprrn rtei~hbrrrs whv, fr»l !v ~~rrice their c~orlGerrrs urul issue.~• tivhen svliritecl by rrppfit'ultti• prior tv the public Iretrrin~~..SYttff urtd the Plrrrrrtirt~ L'ulnnriscinrr lrrefcrr !f-u! ncrighbvrs !uli[' Iltrs nppvrtElrttt}' !n rrprcrs's any c'or-rc<rns or irsuca~ tiir:y rrtrw hooey clir~~ctly tv tkrc> upj,lir.wnt. /'lease Frt.crlrr} tJrcy sijnat:rrc r>n this dvcrrnierrt is rcprtscrttativrr vfall Ycysfdcrntc r't'SlGhlt~ OPl yK)urpl'upl.'rlV. /7YCRpeClivEt pt fhb Ujiirriun ca j)re.sscd brlU11~..v0u rrruy rc.sen~e they right to rrnu~nd your apirrinr: at a later data icncl <•o»tmttnfc.•otFr iJ tv ta4rc (:ity uf.Srtrglr:~p. U~JMy signature. below ccrli(ies the lolluwing: 1 have reviewed the prc~jac;t plans; [ uncicrslrnd the scc-,pe c>f wyrk.; and I do NUT have any concerns ar issues which need to tai: address by the appliratut prior to the City's public hearing ern the proposed nroju:l. LMy signature below certifies lt,c Tullawing: I have rcviewec! t}tc project plans; l underst9c~ci,lhc scope oCwc~ri~: and I have issues or concerts, which after discussion with t6c applicant, have not been addressed My concerns xrc the fitllowing (E~leasc attach additirmai sheets if'necessary): .__.- .. ..-_ wE ~-(AdE, /1/vT .5'~'~%~I_~JY~ . G/~/Ul~~ l~fl/G~S' _ Neighbor NarnC: ~fl V l~ ~~l/~~y ~~~~ Ncit+,hbc.~r ,tl.ddress: lbzo~_._.c:.uv_r~c.Y w~ .~~lR A rv C~/~ Neighbor Phone !!: -~~.. ~i7~~7~j Signature: ~` _ 1 ~_ - Printed: • • (.'il y r> f ~,~rarr'11U,>;'c7 Plarrrrilt~ lacy jir~rtmr~»t 03/17/2006 11:42 4088675049 . Neighbor Natificatiaa ~'emplate far Developmeet Applications D~:..~-'l ~-- a F'ROJEC7' AUDRSSS~_ ~{. Iy ~v,l~~- T- Applicant Name: /r7 R77""i~r~w A~'Q ~rNy ~C'14 N 5tc ~1 Application Numbcr; _ The Saratoga Planning Commission requires ap~ pltccmrx to work with their rr8fghbors to adddress issues crud concerns regat~inp~ aeveloprnexr applications prior to the tvening of the public hearing on the propoard project. ~'he Planning Commission does >xot look . favorably upon neighbors whn fail to voic¢ their c~pncerns arrd issues wJuen solicited by ;rppltcants prior to-the public hearing. $ta,~j'and the Planning Comntisston prefer that neighbors takes this opportuni~y to express arty concerns or Issuer they nary have directly to the appticnrtt. Please ¢nrure the sigrtpture on this dvczonenr is r¢presentative of ali residents residir~ on your property. Irrespccttve of [fu opinion rarpresaed below, yon , may reserve the right to arncnd your oper~ton at a later date a»d commaamcute it to the Cita~ of Saratoga. ~ty signature below certifies the fallowing: i have rcviawed the project plate; ~ understand t~gscop__s_of work; and I do NQT have any concerns or i69ue~ which raced to be address by isle apnlieactt prior to the Cxry's public htari~g on she proposed ptojtxt, ~My signature below certifes the fallowing: i have t~eviewad the project plans; d PAGE 01 ~¢emand the sco c w k; and I have faeuee or caacet~as, whtcbi aster dtacuaelaa~ with the applicA~at, have not beets addressed My concerns ate the follounng (please tmach trdclittanai shcca if necxssat'y}, Ple<~as~ N~+~ ~ MM ~.tt K .~, ~ ~. ~ ~. ~-- Neig>abar Name ~~~/ i~. - 1 Irl Ncighbar Address: .. e+~aL S 4~4Neighbar Phonc #i: ~L~o ~+~$ foZ " ~a~~ ~U" y" Signature: Frinted: Wily of Sctrataga Plarmang ,Uepurtment • Mar-17-06 03:26P Eric "okota DDS MSD P.02 Nci~,hbor Natiiacatic~n 7'er>xplate for i Dcvelo~rnent A.pplicaiions natc; 3 -1;7~ ~6 PROJh:C:T AC)UItf:Sfi;_. ~of~ /c7 ~~,~,,.f~~,,~t~. .. Ariplicant Name: ~Ai~lj~w Grp ~,97~j~~ ,,l Sx. Appliest.i~n Number: '!'iii ,Saratn~~c) Pdannin~r C'a»urrissinn rr>guirer upplicartts tv work With their r)cci~,~Ithvrs to address issues anc.I concerns re);ardin~,= devrrlvnntent upplicu[avnr~,riur to the eti~rrting of the public ltearing on titer propnsc~d project. 7?te Planning Cnmrnia'.sinn rives rte)[ lvnk . favc)rahly iy)nn nei~hhvrs wiu) foil tv voice their conctrrns artrt issue>s wher) solicited by crpplir:ants prior [v tite,~,ublic hcrrtrirr~. ,S"[c;ff urld the Plrrnnin~~ C'om)nis.sinrc preft:r [hat rteigithurs take this c)~,E,urtunity [v express ann cvncc~rr:s nr issrtec they /rtuy have directly to [he. al)Plic:ant. Please cr/trrlre tiie siKnature nn this dnc~ument is represe)atative of u11 rf.side}nts residirt8 vrt your prr)pctrly. t'rrrrs~ectivc of tiicr vprrtiUn erpressed below, you /)tpy rE~Be/'vcr [he ri),>!rt l0 antCrtd your UnrniOn at a Itl[~r clat4' and cc)rnntu/ricate ft tv titc~ C "ity n/'Strratngt7. ~My sibnaturo belor~~ c:erlifies t}te following: I have reviewed the prcjeat plans; I undersrt3nd the scone of; work; sod i do N(1'I' have any cc)neerns ~r issues which nred to be address by the applicant prior !v the Gity's public hearing on the proposed project. I _JMy signat~u'e below certifies the; following:.i have rwiewed the ru'rct -lans• I P J F ~. understand the scone ot: wc)rk; znd ~ have issues ur concerns, w5ic,~ after discussion with the appliaint, h:rve not been addressed My wncerns are the following (please attach additional shCCts if nGCetitiary): Neighbor NatnL': ~~iC~t~~lD~j . f_. C1 _ ~Gl /~ III ~~. "'~`'`_ . Neighbor Address. ~ 6~ s_~u~c ~~W~ ~A ~ p 7~~~ l .4" ~ ~~~) ! v Neighbor Phone tl: ~~ ~ /~7 ~- ~ I ~ Signature; Printed: / f City ~,f Sirrar~~cr Plcrtrning l7epurtrrtcrt[ Mar 19 l~ 11:1'Lp Uave Maggetti 408-377-6398 p,1 l~eighbor Notification Template fox Aeveloplatent Applications Date: 3~1h..dl PROJECT AADRESS: 6 5 0 ~~~~ ~ Applicant Name: ~ i9 'T.T ~~ ~ ~ ~: `1 _ -- Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearietg on the proposed project. xhe Plamzing Commission does Prot look favorably upon neighbors whp fail to voice their concerns and issues when solicited 6y applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportt~ity to express any concerns or issues they may have directly to the applicant. Please ensure the signature oR this document is rep~eserrtattive of all residents restdtng on your property::Frrespeative of the opinion expressed below; you may reserve the right to amend your optnion at a later date and communicarte it to the Ctty ojSar'atoga. ~My signature below ceRifies the following: I have reviewed t6te project plans; l undezs~and tlae swye of work; acid f do NOT have any ooncexnts ox issues which need to be address by the applic4,at prior to the City's public hearing om the proposed project. . Dlvly signature lselow certifies the following: I have reviewed tlae project plans; [ understa:ad the scope of work; attd f have issaes or concerns, Which after discassion with the applicant, brave aot been addressed My concerns axe the following (please • attach additional sheets i1; necessary): Neighbor Nance: ~~~1 t ~ M. ~~~_ Neighbor A,ddzcss: SPtL'~s~TG -, Gat Neighboz Phane #: '~i~ SS°; ~ :'.7~~ Signature: Printed: City of Saratoga Planning Department • • Attachment 5 • sssxtsstam) • aae •~vo'savosoi •_i..-anr x.usxanwnis ~ ~ ~°°~ ~ vo `dooidxds `~dnn~~-unn~ osi9i a.~.,,.~~ e ~ ~ ~---~ o O h ~ ~eI~~FG C~i~i~ cFq. r~1 Q V] ~~~r ~~N~QIS~2I ~~ISI~IH~I ~H.L '°" ~~N3Q1S~~I AA~IrI d 0 J 0 Z w `~ Z W U~~ w Z °~~~ ~~ ~ uOwwz~ ~ . ~ ?zQ~7~~za~ao~~ g W z~ ~ aa ~{ ~~~~i~u~~g ~~~~~ a t U N~ U~UU W~ IJL W W N N R' _ m<~nm am.9r~0 ~aJUISUUUaa~a~~~ z o ~ H Q ~a ~a - s~ ~a ~ ~ -~xk s~ a9kaaaa ~~ kE9A ! - - - o ~a~ ~~ ~ ~ t R~~ ~ ~~~~9 ~~ ~ ~ _ M ~ ~ V o ~ #: ~~~ ~ ~ ; ~~ ~ ~ ~ $ ~~ ~ ~~ ~ W ''~ ~ ~ ~~ ~~~ y~s~~ ~~ ~~o m s~ ~~ ~ ~~~~~ q~~~o~~a~~~~ ~~ ~o ~~~~ ~s~ ~~~ H ~~ ~~ ~~ ~~~~~~ ~~~~ ~~ ~m~ o ~ ~ mo A ~ ~ ~~ ~~~ ~~y~e~ ~~ 31 m o~ <a ~~ ~~ ~~~t~r m~ o~~.. ~~ ~~ ~qo ~ ~~o ~~ ~~S~~o ~, ' A w~a~ A o ~~ 3''@~>~Z Fo~q~~ o~~~~ ~ ~~~~ o a ~~ ~~o~8a ~~ma~~~~~~s~ a ~ ~~ z ~ a~ ~~_ ~ ~ ~ Z aa~ ~ ~~Vv W ~~as~ ~ °~~ ~. r ~/ s ,~ ` ~ ~3~ l+r.R=y ~' '• t ~ •a__ Fora`-- ~V { o ~~~•` ~ ~ -~ ~ .,, x, ~~k ~ r ~ I ~~ <+ ~ ~ ~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~e `~ R C, r i fit ~ v~{(']' ~ ~. ~ ~ ~ Pd. ~ ~ ~ ^~~~ ~~ b'b"}3n ~~ rg ~ r f ; ~, ~ t r ~,~ ~I 4f 111444,,,"'... ~ ~--. 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A.~e•-ro• x ~ ~ ~~ ~ T ~.,.,.^.; ~. ~~~~~. z N 0 ~ o r---------------------------°~ I I I 1 I I - - I afv - -- zi'v i I 4 I I I 1 LI`b I I 1 1 j Lf b - L F b I nV ~I ` ] I Lfb I I I 1 L 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _J ' 1 I z ~ , a . a w O O 1 I 4 I ZI'b fTy g~9~7, di - I Zfb ~ I a d I I I I I I L _J _ 1 .' Q a~ I i a. I 4dgS r ~ /~ Lfb I g a V I d I Lfb I 3 LI°r I ~~ C? a n I ~ V Lfb ~ 1 ~ ____ I a~ ' as , ~------- ---a~ -i i ~~ ~ I ~~ 1 latW ,o-ru • • .;_ i .~ ~ Item 3 REPORT TO THE PLANNiN (~ COMMISSION • • Application No./Location: 04-359/ 19930 Sunset Drive Application type: Design Review Applicant/Owner: William Maston Architects/Oak Creek LLC (Byrd) Staff Planner: Lata Vasudevan, AICP, Senior Planner~~ Meeting Date: July 12, 2006 APN: 510-26-001 Department Head: ~- SUBJECT: 19930 Sunset Drivel y __-----.-.-.-_-.....`t ~ K APN: 510-26-001 ~• • •• '- 500' Radius ' F: a K,1y~ ~:. i =t :~ _ R F as ''`~ _~ ~ ~ ~ j _ i- SUBJECT ' ~ ~ ~'• __ - ~+.a ~-.~. ~ -- _ SUh1~E -..'~ DF~I~ E ' u,n r SOOL nul .,.. au ~[_ :: ~~ N ~ Q 5 y U ('Oi IN P+L i. t V ' ~ .. - ~}, I W ;° ° ~ a `'..x~/ ~~ ~- to s - - p's~'0 -`o ~o a,~ x Y ~ p. o H > ~~ ~ ~'£ 3 t ~N gg r - ~~ ~~.__ ~ O Pi. 691D9 -'':..xxx .axn_ r o ~~ r ~- i ~ E 'ice ' .P ~ ~ ~ V f.t.mS_ - ~ ... t ~ . ~( 1 ii .. N (. - Itx.itK '~ y~. ti ~ . n sl a ~'' : R ~: • i .- -.---- r __-- n . V).M J 19930 Sunset Drive ~_ ~. File No. 04-359 -19930 Sunset Drive CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION EXECUTIVE SUMMARY 11/09/04 05/31/06 06/28/06 06/26/06 07/07/06 The applicant proposes to construct aone-story Santa Barbara style home with a basement on a 72,228 (net) sq. ft. lot that is presently vacant. The proposed home will be 5,574 square feet in floor area (including garage) with a 5,181 square foot basement. A 728 square foot second dwelling unit is also proposed. The proposed height of the home will be approximately 24 feet 9 inches as measured from the average natural grade. The proposed second dwelling unit will be 17 ft. - 11 in. in height. The project will involve 1,291 cubic yards of cut and 217 cubic yards of fill. The property is currently within Santa Clara County but is in the process of being annexed to the City. With the annexation, the parcel is to be reviewed under the pre-zoning of the Hillside Residential [HR] District. STAFF RECOMMENDATION Staff recommends that the project be approved subject to the conditions outlined in this staff report. jl r • • 2 ~ S' ` ~ Fi/eNo. 04-359-I9930SunsetDrive STAFF ANALYSIS ZONING: Pre-zoned -Hillside Residential [HR] District GENERAL PLAN DESIGNATION: The Hillside Specific Plan states that apre-zoning density designation should be established for County lands. Since this parcel is pre-zoned Hillside Residential and is in the process of being annexed to the City from Santa Clara County, the General Plan designation is the same as Hillside Conservation Single Family which permits .5 DU/net acre. MEASURE G: Not applicable PARCEL SIZE: 86,249 sq. ft. (gross), 72,228 sq. ft. (net) acres AVERAGE SITE SLOPE: Average slope of lot is 16.23% GRADING REQUIRED: The grading plan indicates that the project will require approximately 1,291 cubic yards of cut and 217 cubic yards of fill. These figures exclude the grading required for the construction of the proposed basement. t ENVIRONMENTAL DETERMINATION: The proposed project consisting of constructing a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The project site is in a developed area and the proposed home will be essentially replacing asingle-family home that existed on the site. The property is connected to utility and roadway infrastructure. This project site is not in a designated critical habitat area. Nevertheless, a tributary of Wildcat Creek traverses the western lot line of the subject parcel, and is not within the jurisdiction of the Santa Clara Valley Water District. This tributary is separated from the proposed development by an existing driveway ingress/egress easement. The applicant does not propose any development on the western side of the road where this tributary is situated. MATERIALS AND COLORS PROPOSED: The plans depict stucco facade in a sandy beige color with dark brown colored pre-cast stone trim and gutters in sheet metal copper material, stone veneer accents and Spanish Clay Tiles in a burnt rust blended color. The applicant will be providing a colored rendering as well as a material board which will be shown at the site visit and public hearing. ~ The City Code does not count basements as grading. Therefore, the basement excavation is not factored into the proposed cut and fill amounts indicated above. File No. 04-359 -19930 Sunset Dri ve PROJECT DATA Zone HR Pre-zone Pro osal Code Re uirements Lot Size: 72,228 s . ft. Lot Maximum Allowable Coverage: ~ 25% of net site area or Building Footprint 6,131 sq. ft. 15,000 sq. ft., Landscape Site whichever is less Coverage 8,622 sq. ft. (Driveway/Parking Walkways, Patio Pool) TOTAL 14,753 s . ft. 16,500 s . ft. Floor Area: Main Floor 4,732 sq. ft. Maximum Allowable 6,930 sq. ft.Z Garage 842 sq. ft. (Basement) (5,181 sq. ft.) Second dwelling 728 sq. ft. TOTAL 6,302 s . ft. Setbacks: Minimum Requirement Front 57 ft. - 6 in. 30 ft. West Side 145 ft. - 2 in. 20 ft. East Side 33 ft. - 7 in. 20 ft. Rear 50 ft. 50 ft. Height: Maximum Allowable Lowest Elev. Pt. 658.75 ft. Highest Elev. Pt. 676.25 ft. Average Elev. Pt. 667.50 ft. Elev.@ top of home 692.25 ft. Height of home 24.75 ft. 26 $. 2nd Dwellin Unit 17 ft. -11 in. 26 ft. r, u z Section 15-56 (d) permits a 10% floor area and impervious coverage bonus for second dwelling units if it is deed restricted for low or moderate-income rental. This provision provides an additional 584 square feet of floor area and permits retention of a portion of the existing second dwelling. . '3 ~ ` File No. 04-359-19930SunsetDrive PROJECT DISCUSSION This application is for Design Review approval of a new residence that is situated on a 72,228 sq. ft. lot that is currently located within the County but is proposed for annexation to the City. This Design Review approval is conditioned upon approval of the final annexation by the City of Saratoga City Council. The parcel is pre-zoned Hillside Residential which permits single-family dwellings on two acre lots. A resolution initiating the annexation was adopted by City Council on June 7, 2006 and another resolution finalizing the annexation will be scheduled for a City Council vote in the near future. Since the parcel is pre-zoned Hillside Residential (HR) it is being reviewed in accordance with the Saratoga Hillside Residential zoning standards. A home that was situated on the site was demolished in October of 2005 with County of Santa Clara permits and historical review of the existing home. The County of Santa Clara determined that the pre-existing home on the property was not of historical significance. The proposed home will be in a Santa Barbara style. The proposed materials are all in earth tones and complement each other to create awell-articulated home that will be true to the Santa Barbara style of architecture. The applicant is seeking the 10% floor area and impervious coverage bonus for the second dwelling unit (erroneously labeled as a pool house in the grading and drainage plans, but properly noted in the architectural plans) in return for deed restricting the second dwelling as a below market rate rental unit. Second Dwelling Unit As indicated above, a second dwelling unit has been proposed. This second dwelling unit is consistent with the provisions of City Code Section 15-56.030. The parking requirement for a space within a garage for this second dwelling unit has been waived pursuant to City Code Section 15-56.030(e). Parking for the second dwelling unit can be provided on site on the driveway area. • Neighborhood Input Since the submittal of this application several comment letters have been submitted by the Gibersons who reside directly to the south of the subject parcel. These letters have been attached to this report. The applicants have also submitted neighbor review letters to all the surrounding neighbors. However, as of the writing of this staff report3, staff has not received any other neighbor review forms or any other written comments from neighbors besides the Gibersons. Documentation of the applicant's attempts in contacting the neighborhood are included in this report. Staff does anticipate that more neighbor comments may be submitted subsequent to the writing of this staff report. These new comments will either be included in the Planning Commission packets or will be presented during the site visit and public hearing. The applicants also anticipate future comments and are prepared to address them at the site visit and public hearing. An s As of July 5, 2006 3:00 p.m 5 File No. 04-359 -19930 Sunset Drive attorney representing the applicant will present at the public hearing specific responses to the Gibersons' letter received July 5, 2006. Grading in Hillside Districts The Zoning Ordinance (Section 15-11.160) requires in the Hillside Residential Zoning District that the Planning Commission make the necessary findings for grading in excess of 1,000 cubic yards. Staff finds that the proposed grading quantities for the yard and building areas amounting to 1,291 cubic yards of cut and 217 cubic yards of fill are excessive and can be reduced by approximately 500 cubic yards such that a grading exception would not be required. For example, the extent of grading in the areas behind the garage can be minimized. Staff is conditioning the approval of this project such that the grading quantities for the yard work (other than the basement) be reduced to 1,000 cubic yards or less. Geotechnical Clearance Since the applicant is proposing a basement, Staff required the applicant to submit reports for review by the City Consulting Geotechnical Engineer. Geotechnical Clearance was granted with conditions, which have been incorporated in the attached Resolution. Trees The applicant has retained a licensed Arborist to monitor construction on the site. As seen in the attachments to this report, the applicant has made many revisions to address the City Arborist's (David Babby) recommendations. The details of the tree preservation as well as specifics on the trees proposed for relocation are shown on sheet L 4.1 of attached Exhibit A. Fencing Fencing in the Hillside Residential zoning district has specific City Code requirements stated in Section 15-29.020. No fencing shall completely enclose an area of more than 4,000 square feet (excluding enclosures for pools and tennis courts) to ensure adequate passage of wildlife. Staff has added a condition of approval requiring that all proposed fencing be consistent with City Code Article 15-29. Staff has specifically added a condition that the existing chain link fencing along the western and northern property lines and any barbed wire be removed as these are inconsistent with the requirements of City Code Section 15-29.020(e). . General Plan Findings The proposed project is consistent with the General Plan, including the following Policies: Conservation Element Policy 6.0 -Protect the existing .rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposal will retain File No. 04-359 -19930 Sunset Drive and extend the life of the City s housing stock and will protect the rural atmosphere of Saratoga by utilizing an existing residential site that was once occupied by a single family home. The proposal will not block the views of the surrounding hills from neighboring parcels.. The proposed architectural style is very compatible with the ambiance of the neighborhood and the zoning designation in which the property is located. 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, Staff recommends that the Planning Commission find that the application meets the Findings required for Design Review Approval. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in MCS 15-45.080: (a) Avoid unreasonable interference with views and privacy. The proposed home has been designed such that it is at an angle in relation to other properties. .Existing trees are proposed for relocation, and new trees are also proposed to preserve -view corridors and further screen neighboring properties. The entertaining areas are either located down slope and away from neighboring residences, or highly screened to control .potential noise impact. (b) Preserve Natural Landscape. Consideration has been given to ensure that the building form is in harmony with the existing topography. Furthermore, a condition of project approval has been added requiring a reduction in grading quantities. Many specimen trees are proposed for relocation. A single architectural theme has been used throughout to unify the building elements into a single integrated design that adequately blends with the surrounding landscape. (c) Preserve Native and Heritage Trees. There are no heritage trees on the property. The proposed project exposes 36 native trees to potential damage during construction. The applicant is proposing to relocate almost all of the trees that are in conflict with the proposed design. One tree (#36 -Plum tree)4 is proposed for removal because of its poor condition. The applicant is required to submit a security deposit to ensure that all trees are protected throughout construction. (d) Minimize perception of excessive bulb The proposed residence has been designed to avoid large expanses of a single form. The use of angles and varying plate heights, combined with awell-selected use of building materials and colors contribute significantly in reducing bulk and massing. Also, cutting a portion of the building into the hillside has further minimized the appearance of bulk and massing. • a All trees are numbered on sheet L 4.1 File No. 04-359 -19930 Sunset Drive (e) Compatible bulk and height. Although the home at its maximum height is 26 feet, the varying rooflines would greatly minimize any impacts of the maximum height of the home. The use of different earth tone materials, accents on the facade, and garage doors facing the rear property line also adequately minimize the scale of the proposed home, resulting in an attractive building facades that will complement the style of the neighborhood. (f) Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control standards. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. The home is also designed for energy efficiency because the main living and entertaining areas along the south and west elevations, and the structure has been fit into the grade where possible to minimize wall exposure. CONCLUSION The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy the findings required within Section 15- 45.080 of the City Code. The residence is compatible with the neighborhood, natural features are preserved within the constraints of the site and privacy impacts are minimized. The proposed project will satisfy Hillside Residential zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. The City Arborist recommendations and the geotechnical review requirements have been included as conditions of approval. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting the Resolution for application #04-359. ATTACHMENTS 1. Resolution. 2. Arborist Reports dated 11/29/04, 3/22/05 and applicant response dated 11/10/O5. 3. Affidavit of Mailing, Mailing List, Public Notice. 4. Neighborhood Correspondence and documents from applicant pertaining to this matter. 5. City Council Resolution of 06/07/06 approving the Initiation of Annexation Proceedings for 19930 Sunset Drive. 6. Plans, Exhibit "A," date stamped July 5, 2006. • Attachment 1 • RESOLUTION NO - 07-_ APPLICATION N0.04-359 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Oak Creek LLC (Mr. and Mrs. Byrd)/19930 Sunset Drive WHEREAS, the City of Saratoga Community Development Department has received an application for- design review to construct a one story Santa Barbara style home with a basement on a 72,228 (net) sq. ft. lot that is presently vacant. The proposed home will be 5,574 square feet in floor area (including garage) with a 5,181 square foot basement. A 728 square foot second dwelling unit is also proposed. The home is situated on a parcel which is to be annexed to the City. WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The site is in an urbanized area and is connected to utility and roadway infrastructure and involves the construction of one single family home and a second dwelling unit; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been met: (a) Avoid unreasonable interference with views and privacy. The proposed home has been designed such that it is at an angle in relation to other properties. Existing trees are proposed for relocation, and new trees are also proposed to preserve view corridors and further screen neighboring properties. The entertaining areas are either located down slope and away from neighboring residences, or highly screened to control potential noise impact. (b) Preserve Natural Landscape. Consideration has been given to ensure that the building form is in harmony with the existing topography. Furthermore, a condition of project approval has been added requiring a reduction in grading quantities. Many .specimen trees are proposed for relocation. A single architectural theme has been used throughout to unify the building elements into a single integrated design that adequately blends with the surrounding landscape. File No. 03 272 -22461 MountEden Road (c) Preserve Native and Heritage Trees. There are no heritage trees on the property. The proposed project exposes 36 native trees to potential damage during construction. The applicant is proposing to relocate almost all of the trees that are in conflict with the proposed design. One tree (#36 -Plum tree)5 is proposed for removal because of its poor condition. The applicant is required to submit a security deposit to ensure that all trees are protected throughout construction. (d) Minimize perception of excessive bulb The proposed residence has been designed to avoid large expanses of a single form. The use of angles and varying plate heights, combined with awell-selected use of building materials and colors contribute significantly in reducing bulk and massing. Also, cutting a portion of the building into the hillside has further minimized the appearance of bulk and massing. (e) Compatible bulk and height. Although the home at its maximum height is 26 feet, the varying rooflines would greatly minimize any impacts of the maximum height of the home. The use of different earth tone materials, accents on the facade, and garage doors facing the rear property line also adequately minimize the scale of the proposed home, resulting in an attractive building facades that. will complement the style of the neighborhood. (f) Current grading and erosion control methods. The proposal would conform to the City's current grading and erosion control standards: (g) Design policies and techniques. The proposed project conforms to all. of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views. The home is also designed for energy efficiency because the main living and entertaining areas along the south and west elevations, and the structure has been fit into the grade where possible to minimize wall exposure. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application by Oak Creek LLC (Mr. and Mrs. Byrd) for Design Review approval is hereby granted subject final annexation approval by the Saratoga City Council and subject to the following conditions: 5 All trees are numbered on sheet L 4.1 File No. 03 2T2 -22961 MountEden Road COMMUNITY DEVELOPMENT The development shall be located and constructed as shown on Exhibit "A", date stamped July 5, 2006. Conditions outlined below shall be incorporated into the final plans. 1. A deed restriction must be recorded with the County Recorder of Deeds, which limits rental of the second dwelling unit to low or moderate-income households. This restriction must be recorded prior to final occupancy permit. 2. Grading quantities for the yard work shall be reduced such that such quantities do not exceed 1,000 cubic yards of cut and fill combined. 3. Four sets of complete construction plans incorporating required revisions and the Resolution for application #04-359 and the Arborist Reports on a separate plan page shall be submitted to the Building Division. 4. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscaped area. • 5. 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. 6. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 7. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. 8. A utility plan, including the location and trenching for the fire hydrant and other utilities shall be submitted with the construction drawings for the arborist to review in terms of impact on adjacent trees. 9. The existing chain link fencing along the front and west side properties shall be removed. Any existing barbed wire shall also be removed. All proposed fencing shall be consistent with the provisions of Article 15-29 of the City Code. CITY ARBORIST REPORT The City Arborist reviewed this project and prepared two reports dated July 21, 2004 and January 3, 2005. These reports are included as Attachment 3. The recommendations of these reports are included as conditions of approval. Among the recommendations outlined in this report are the following: 3 ' File No. 031T1-12461 MountEden Road 1. A bond equal to $297,740, which is 100% of the trees to be retained, is required prior to issuance of final zoning clearance. FIRE PROTECTION DISTRICT 1. The applicant shall comply with all Santa Clara County Fire District conditions of approval. GEOTECHNICAL AND PUBLIC WORKS REVIEW 1. The applicant shall comply with all Geotechnical Clearance conditions that was granted on March 22, 2004. SANTA CLARA COUNTY DEPARTMENT OF ROADS AND AIRPORTS 1. The applicant shall obtain all necessary encroachment permits from this department prior to issuance of City of Saratoga building permits. 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. Section 2. Construction must be commenced within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • 4 Fr1eNo. 03 ZTZ -22461 MountEden Road PASSED ANn ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of July 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions .within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 5 I ,~ Attachment 2 i~ • I n ARBOR RESOURCES _ Professional Arboricultural Consulting & Tree Care A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 19930 SUNSET DRIVE SARATOGA, CALIFORNIA OWNER'S NAME: Byrd APPLICATION #: 04-359 APN #: 510-26-001 Submitted to: Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A November 29, 2004 P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796.763 David L. Babby, Registered Consulting Arborist November 29, 2004 • SUNIMARY There are 51 trees in the vicinity of proposed development. Of these, 11 are in conflict and 14 would be significantly impacted. Relocation is proposed as an alternative to removing 10 of the 11 trees in conflict. Measures to minimize and/or mitigate the damage to trees being retained or relocated are presented in the `Recommendations' section of this report and includes numerous design revisions to the grading and landscape design. The tree protection bond is recommended to include the combined monetary value of all retained and relocated trees as determined in the future by the Project Arborist. INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with demolishing an existing residence and constructing a new one at 19930 Sunset Drive, Saratoga. This report presents my findings and recommendations. Documents reviewed for this report include the following: an arborist report by Mr. Raymond J. Morneau, dated 9/28/04; Sheets A.Ol, A1.1, A2.1, A2.2 and A4.1 thru A4.4 (by William Maston Architect & Associates);. Sheets 1 and 2 (by Westfall Engineers, Inc.); and Sheets L-4, L-4.1 and L4.2 (by Ken Shoppet Landscape Architect). The trees' locations, numbers and canopy dimensions are presented on an attached copy of Sheet A1.1 (Site Plan). Trees #72 thru 75 are not shown on plans reviewed; their trunk locations have been plotted on the attached map and should not be construed as being surveyed. Please note these trees are located on the eastern neighboring property and were included as they are at risk of being damaged during development. Rectangular, metallic tags were found attached to the trunks of each tree on site and contain numbers corresponding to those presented in this report. Please note the numbers presented in this report are not entirely sequential as the following trees were excluded: those smaller than Ordinance size, trees #17 and 211 for having been removed, and trees #65 thru 71 for being situated outside from the proposed development. • ' The initial arborist report identifies trees #17 and 21 as being poor specimens that should be removed. Consequently, I do not suggest mitigation for their removal. Byrd Property, 19930 Sunset Drive, Saratoga Page 1 of 6 City of Saratoga Community Development Department • David L. Babby, Registered Consulting Arborist November 29, 2004 FINDINGS • The proposed project exposes the following 51 trees regulated by City Ordinance to potential damage: • 1 Chinese Pistache (#22) • 9 Coast Live Oaks (#31, 32, 43-46, 64, 72 and 73) • 23 Coast Redwoods (#13-15, 18-20, 28/29,2 30, 33, 34, 42, 48, 49, 53-55, 59-63, 74 and 75) • 4 Douglas-Fir (#2, 4, 8 and 35) • 1 Date Palm (#16) • 1 English Hawthorn (#1) • 3 Italian Cypress (#3, 9 and 24) • 6 Olive Trees (# 10 and 3 7-41) • 3 Plums (#36, 56, and 57) Specific data regazding each tree is presented on the attached table and incorporates the trunk diameters, crown radii, and tree heights shown in Mr. Morneau's report. The proposed plans identify trees #1, 9, 22, 24, 33 and 36-41 as being in conflict with the proposed design. With the exception of tree #36, all aze proposed for relocation on site. Given tree #36's species and overall condition, I do not suggest mitigation for its removal. There is an additional tree, #48, which is also proposed for relocation. However, I find it would be better to retain and protect it in its current location rather than damaging the roots of adjacent trees #48 and 64 during the relocation process. Though not in direct conflict, trees #2-4, 8, 10, 13, 15, 20, 28/29, 30, 44-46 and 49 would sustain a significant level of damage by implementing the proposed grading, home and landscape design. Plan revisions and mitigation measures are recommended in the next section to lessen the anticipated damage to the trees' longevity, vigor and stability. I anticipate each tree planned for retention and those approved for relocation can survive, provided the recommendations presented in this report .are carefully followed and incorporated into construction plans. xECO~1vnATTONs Design Guidelines 1. The trunk locations of trees #72 thru 75 should be shown on all site-related plans (including landscaping). 2. The project applicant or property owner must retain the Project Arborist on record, Mr. Raymond Morneau, to appraise the monetary values of each tree presented in this 2 f two trunks on inatin from a and is re ded as a sin le tree. Tree #28/29 ~ comprised o g g grad gar g Byrd Property, 19930 Sunset Drive, Saratoga Page 2 of 6 City of Saratoga Community Development Department ,~ David L. Bobby, Registered Consulting Arborist November 29, 2004 report; the trees shall be appraised according to the Guide for Plant Appraisal, 9`'' Edition, published by the International Society of Arboriculture, 2000. The combined value of trees being retained and relocated is then used as the amount for the tree protection bond (per City Ordinance, a bond equal to 100% of the combined appraised value of inventoried trees is required). 3. The Project Arborist should also be retained to specifically comment on [lJ the location of the proposed basement beneath tree #15's canopy and [2] the proposed foundation of the pool house beneath the canopies of trees #19 and 20. Measures to mitigate the damage should also be piovided and incorporated into the. plan design and development process. All comments and any possible plan refinements shall be submitted to the City for review. 4. The proposed grading design should be revised so no grading is planned within the azeas enclosed by protective fencing as shown. on the attached map.. Where this is not at all feasibly possible, the Project Arborist should review and comment on the impact, and provide specific mitigation measures for achieving the survival of the tree(s) with a reasonable assurance. 5. The portion of new driveway proposed beneath the canopies of trees #8, 74 and 75 must be placed on top of existing grade (including edging) and be fully pervious. Furthermore, the existing soil surface shall not be compacted; the subbase materials can be but must not exceed 75-percent. 6. The staircase and walls proposed beneath tree #30's canopy must be designed and established entirely on top of existing soil grade and not require soil excavation (i.e. a no-dig design). I also suggest that designing the features an additional five feet from the tree's trunk be considered to lessen their potential future damage. 7. The staircase and walkway proposed immediately south of tree #49's trunk should either be [1] redesigned to be at least 12 feet from the trunk (in line with the proposed east-west wall of the pool house) or [2] the portion within the 12-foot distance be elevated over existing soil grade and established using discontinuous footings. Should the latter option be used, the footings must be installed by hand. The wall, walkway and staircase proposed immediately southeast of tree #13's trunk should be revised to be an additional five feet away from the trunk. 9. The lawn proposed beneath the canopies of trees #2-4 and 8 must be revised to comply with the recommendations presented below the "Landscaping Guidelines" heading in this section (towazds the end of the report). 10. The proposed wall immediately south of tree #20's trunk should be revised to be in line with the home's foundation (approximately 14 feet from the trunk's center). • Byrd Property, 19930 Sunset Drive, Saratoga Page 3 of 6 City of Saratoga Community Development Department David L. Babb}; Registered Consulting Arborist November 29, 2004 11. The walls proposed beneath the trees' canopies shall be designed without excavating the existing soil grade. A pier and beam wall design is acceptable where a dry stack wall is not appropriate, provided no soil excavation is required between the footings. 12. The pathways and edging proposed beneath the trees' canopies shall be constructed entirely on top of existing grade (i.e. a no-dig design). 13. The proposed new location of tree #31 should be revised so its entire canopy is outside from beneath tree #34's. Furthermore, tree #48 should remain in its current location rather than being relocated. 14. The Architectural drawings and azborist report refer to the project site being in the Town of Los Gatos. The documents should be revised accordingly. Tree Protection Measures during Construction 15. Tree protective fencing must be installed precisely as shown on the attached map and established prior to any demolition, grading, surface scraping, construction or heavy equipment arriving on site. It must be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter galvanized posts, driven two feet into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the demolition and construction process; the relocation or dismantling of fencing must be directly approved by the Project Arborist and/or City before doing so. 16. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed) and off unpaved soil beneath the canopies of Ordinance-sized trees inventoried and not inventoried for this report, to include trees along the west side of the driveway easement. These activities include, but aze not limited to, the following: grading, surface scraping, trenching, equipment cleaning, stockpiling or dumping materials, and equipment/vehicle operation and pazking. Access within the fenced areas to construct any approved component or feature shall be limited to foot and wheelbarrow traffic. 17. The Project Arborist should be retained at the owner's expense to visit the project site as follows: [1] prior to demolition for determining whether the tree protective fencing is properly established, [2] during any grading or trenching activity approved beneath the trees' canopies (inside or outside the fenced areas), [3] during the relocation of trees, [4] once per month for determining compliance to tree protection measures, and [5] at any time specified in this report. Furthermore, I suggest a letter summarizing all relevant findings and recommendations are faxed on a monthly basis to the City's Community Development Department. All recommendations from the letters shall be followed. 18. The relocation of each tree must be performed by a professional tree moving company. A drip- or soaker hose-type system should also be designed to supply water to the trees for atwo- to three-yeaz period following relocation. Byrd Property, 19930 Sunset Drive, Saratoga Page 4 of 6 City of Saratoga Community Development Department David L. Babby, Registered Consulting Arborist November 29, 2004 19. The removal of walls or hardscape beneath the trees' canopies shall be manually performed. Equipment shall not operate or travel on unpaved soil beneath the canopies of retained trees. 20. Unless otherwise specified, approved grading beneath a tree's canopy shall be manually performed using hand tools only. 21. Prior to excavating soil for the basement, a trench shall be dug to the required depth where soil is planned for excavation closest the tree #15's trunk (where beneath its canopy). Roots encountered having diameters of two inches and greater shall be cleanly severed near the soil cut line. The freshly cut root end shall be immediately wrapped in a plastic sandwich bag that is tightly secured using a rubber band or electrical tape. Great care must be taken to avoid excavating beyond two feet from basement wall. 22. Soil approved for excavation to construct the pool house must also be manually performed using hand tools. The same root severance guidelines specified above should be used. 23. Any new underground utilities should be planned outside from beneath canopies of retained trees. Upon availability, plans showing their locations should be submitted to the Project Arborist and/or City for review of any tree impacts. 24. Downspouts should be directed away from and be at least 15 feet to the side of the trees' trunks. 25. The removal of any understory brush must only occur by hand. Great care must be taken to minimize the amount of soil excavated during the process. 26. Prior to grading, Irecommend afour-inch layer of wood chips from a tree company is manually spread beneath the canopies of retained trees (the material should not contact the tree's trunk). 27. Throughout development, I recommend supplemental water is supplied to each retained tree. The specific intervals, amounts and methodology should be obtained by the Project Arborist. 28. The pruning of trees must be performed under supervision of an ISA Certified Arborist and according to ISA standards. The scope of work should be reviewed and approved by the Project Arborist. Landscaping Guidelines 29. Herbicides should not be used beneath tree canopies. Where used on site, they should be labeled for safe use near trees. • Byrd Property, 19930 Sunset Drive, Saratoga Page S of 6 City of Saratoga Community Development Department David L. Babby, Registered Consulting Arborist November 29, 2004 30. Upon availability, the landscape design (planting and irrigation) should be reviewed by the Project Arborist and/or City for tree impacts. 31. Irrigation lines proposed beneath a tree's canopy should be placed on top of existing soil grade. If trenching beneath a canopy and into the existing grade is necessary, the trenches should be designed and dug in a radial direction to the trunks, and be no closer than five times the diameter of the neazest trunk. Irrigation should not spray beneath the Oak canopies or within five feet from the trunks of all other trees. 32. Plant material requiring frequent watering should be installed away from the trees' trunks by at least five times their diameter (a minimum distance of 10 feet is suggested) and be limited to 25-percent of the dripline azea. Plant material installed beneath canopies of Oaks should be drought-tolerant and also comprise no more than 25- percent of a dripline area. 33. Stones, mulch or other landscape features should be at least one-foot from the trunks of retained trees and not be in contact with the trunks of new trees. Installing edging material or tilling beneath canopies should be avoided. Attachments: Tree Inventory Table Site Map (Copy of Sheet A1.1) ~l • Byrd Property, 19930 Sunset Drive, Saratoga Page 6 of 6 City of Saratoga Community Development Department _ = ~~ ARBO~RESOLIRCES ~ _ Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE • ~i English Hawthorn 1 (Crotaegus laevigata) 12.9 30 28 Fair Low - X .Douglas-Fir 2 (Pseudotsuga menziesii) 20.3 75 28 Good High 2 - Incense Cedar 3 (Calocedrus decurrens) 18.9 70 36 Good High 2 - Douglas-Fir 4 (Pseudotsuga menziesii) .35.8 95 40 Good High 2 - Douglas-Fir 8 (Pseudotsuga menziesii) 16.8 60 28 Good Moderate 1 - Italian Cypress 9 (Cupressus sempervirens) 10.1 40 4 Good Moderate - X X Olive Tree 10 (Oleo europaea) 14.5, 9.9 40 34 Fair Low 2 - Coast Redwood 13 (Sequoia sempervirens) 49.8 110 48 Good High 1 - Coast Redwood 14 (Sequoia sempervirens) 30.7 60 32 Fair Low 3 - Coast Redwood 18 (Sequoia sempervirens) 51.5 110 50 Good High 3 - Coast Redwood 19 (Sequoia sempervirens) 40.3 100 40 Good High 3 - Coast Redwood 20 (Sequoia sempervirens) 40.4 95 44 Good High 2 - REPLACEMENT TREE VALUES 15- on = 5120 24-inch box =5420 36-inch 6ax = 51,320 48-inch box = 55,000 52-inch box =57,000 72-inch box = 515,000 Site: 19930SraisetDriv~ Saratoga Primed jor: Cay ojSoratoga Comm. Developmait Depart P-rpared by: Dovid L Bobby, RCA 1 of 4 November 29, 2004 - ARBOI~RESOLIRCES ~ Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE 0 ~ ~ ~ 3 o ~ ~ `~ o ~ o `~ o i ° : v ~ r~ a ~ a ° °' a ~ ^ ,-, b ~ , ~ ~ ~ ~ , ~ ~~ a. 3 ~ ` , ~' ~ ~" . v Q A ~ . ~n U ~' o ~ , , '~ ,~ ~ o `TREE ~ _ : V ~ o NO.. TREE NAME . ~ ~ > ~ ~ - a~ ~ ~ ~ o c:.. Chinese Pistache 22 (Pismcia chinensis) 14.2 22 28 Fair Moderate - X X Italian Cypress 24 (Cupressus sempervirens) 10.1 50 4 Good Moderate - X X Coast Redwood 28!29 (Sequoia sempervirens) 46.7, 45.2 100 50 Good High 2 - Coast Redwood 30 (Sequoia sempervirens) 39.1 95 50 Fair Moderate 2 - Coast Live Oak 31 (Quercus agrijolia) 12 35 20 Fair Moderate - X X Coast Live Oak 32 (Quercus agrifolia) 7 28 16 Good Moderate 5 - Coast Redwood 33 (Sequoia sempervirens) 11.7 35 16 Good Moderate - X X Coast Redwood 34 (Sequoia sempervirens) -13.1, 11.1 35 22 Fair Moderate 3 - Douglas-Fir 35 (Pseudotsuga menziesii) 18.4 48 50 Good Moderate 3 - Plum 36 (Prunes communis) 12 16 24 Poor Low - X Olive Tree 7, 5, 4, 4, 37 (Oleo euro ea) 3 23 30 Fair Moderate - X X • Olive Tree 38 (Oleo europaea) 7.5, 7, 4 22 16 Fair Moderate - X X Olive Tree 6.5, 5, 3, 39 (Oleo europaea) 3, 2.5 20 26 Fair Moderate - X X Olive Tree 40 (Oleo europaea) 5.5, 4.5, 4 19 20 Fair Moderate - X X REPLACEMENT TREE VALUES is lion = 5120 24-inch box = Sa20 36-inch box = 51,320 as-inch box = SS,ooo 52-inch box = 57,000 72-inch box = S15,oo0 Site: 19930 Sunset Drive, Saratoga Prepared jor. Cdy of Saratoga Comm. Development Depart Prepared by: David L Bobby, RCA 2 ojf November 29, 2001 • ARBO~~FRESOLIRCES Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE • o ~. a~ ~ .: :~. ~, o ' ~ o ~ : ~ o ~ ~ 0 ^-' : `~ .. o `° .~ ~ ~ ..~ ~' 3. w: ~ ° ~ a ~ A ~ v ~ o U _ ~ ~`o ~ ~ ~ a~ ~. ~ ~ . ~ ~ o ~ ~ TREE ~ . ~" ~ x . ~a o ~ o°' . o 0 NO. TREE NAME FG, x' v ~ ~ x a~ w ~ . Olive Tree 41 (Oleo euro ea) 5, 5, 2.5 15 14 Fair Moderate - X X Coast Redwood 42 (Sequoia sempervirens) 7.2 37 16 Good High 4 - Coast Live Oak 43 (Quer~cus agrifolia) 5.8, 4.5 18 14 Good High 4 - Coast Live Oak 44 (Quercus agrifolia) 11.9, 7.3 43 26 Good High 1 - Coast Live Oak 45 (Quer+cus agrifolia) 11 38 22 Good High 2 - Coast Live Oak 46 (Quer+cus agrifolia) 7.5 37 16 Good High 2 - Coast Redwood 48 (Sequoia sempervirens) 14.8, 13.2 60 26 Fair Moderate 3 - X Coast Redwood 49 (Sequoia sempervirens) 45 110 50 Fair Moderate 2 - Coast Redwood 53 (Sequoia sempervirens) 14.6 35 32 Fair Low 3 - Coast Redwood 54 (Sequoia sempervirens) 8.4 28 18 Fair Low 4 - Coast Redwood 55 (Sequoia sempervirens) 11.4 26 28 Fair Low 3 - Plum 4, 4, 3, 3, 56 (Pruaus communis) 2, 2 22 22 Poor Low 3 - Plum 57 (Prunes communis) 6, 4, 3, 2 20 14 Poor Low 5 - Coast Redwood 59 (Sequoia sem hens) 10.2 23 20 Fair Low 5 - REPLACEMENT TREE VALUES 15 oa = 5120 24-inch box =5420 36-inch box = 51,320 48-inchboa = 55,000 52-inch box = 57,000 T2~inch box = 515,000 SaG 19930 Swtsd Drivg Saratoga Prepmed jor: ~y ojSoratoga Conan. Develop~neart Depart Prepared by: David L Bobby, RCA 3 oj4 November 29, 200f ARBOR RESOURCES ~ Professional Arboricultural Consulting & Tree Care March 22, 2005 Lata Vasudevan Community Development Department City of Saratoga ' 13777 Fruitvale Avenue Saratoga, CA 95070 Q ~~ M ~~~ gR28 .~~' cjTYO ZD~s O Mjl~,'~~~E~ ~~C9 pMFNr • RE: REVIEW OF PLANS for the Proposed Residence at the Byrd Property; 19930 Sunset Drive, Saratoga; Application #: 04-359 Dear Lata: I have reviewed the following documents in relation to the proposed development at the above-referenced site: [1] most recent set of project plans; [2] the report by Mr. Ray Morneau, dated 2/11/05; and [3] the letter by Mr. Ken Schoppet, dated 2/7/05. My comments are presented below. The trunk locations of trees #72 thru 75 are shown on the Screening Plan (Sheet L-4.1) but not on the Site Plan (Sheet A1.1) or Grading and Drainage Plan (Sheet 1). Plans should be revised accordingly. Additionally, these trees' canopy dimensions as shown on Sheets L-4.1 and A1.1 should represent the canopy sizes presented within the table attached to my report dated 11 /29/04. 2. The appraised value of each tree was accurately prepared to City Code by Mr. Morneau. Based on his calculated amounts and trees planned for retention, the tree protection bond amount required for this project is $297,740. This amount considers the value of all trees minus #36 (a Plum in overall poor condition and being removed). 3. The proposed grading design has not been- revised per item #4 of my report. Plans should be revised accordingly, to include Sheets A1.1 and 1 conforming to another. 4. Tree # 15 will be severely jeopardized by constructing the proposed basement. This tree is identified as being in overall good condition and has a high suitability for preservation. As such, measures to achieve a reasonable assurance of its stability and longevity are suggested for compliance to the City's Ordinance. My recommendation for achieving this includes redesigning the home in a manner so the closest edge of excavation (including for any finish grading) is at least 20 feet from the tree's trunk. This distance must also consider any overcut/overbuild required for constructing and sealing the walls, as well as installing drainage components. One possible manner in which to maximize the amount of square footage for the home while maintaining the required setbacks is for the vertical cut of the basement to be achieved through "soil nailing" and using shotcrete. P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 • • ARBOR RESOURCES ' ,. Professional Arboricultural Consulting & Tree Care Mazch 22, 2005 19930 Sunset Drive page 2 5. The proposed pool house should be redesigned so no soil excavation (including finish grading) is required within 20 feet from the trunks of trees #19 and 20. If this cannot be achieved through the use of a pier and above-grade beam footing, then the structure should be designed to be at least 20 feet from the trunks. 6. The proposed wall immediately south of tree #20's trunk has not been revised to be in line with the home's foundation (per item #10 of my report) and plans should be revised accordingly. The applicant has commented that the wall will be constructed above grade using a pier and beam system. However, the proposed grading on the wall's south side will significantly compromise this tree. In addition, the proximity of the wall to the trunk is too close for minimizing the potential risk of the wall being damaged in the foreseeable future. 7. Item #5 of my report specifies the portion of new driveway proposed beneath the canopies of trees #8, 74 and 75 being placed on top of existing grade. A note on Sheet L-4.1 indicates this will occur, however, the entire recommendation must be reflected on Sheet 1, including where shown in Sections A-A on Sheet 2 of the plans. 8. The proposed staircase beneath tree #30's canopy should be designed an additional five feet from its trunk than what is shown on Sheet A1.1. Sheets L4.1 and 1 should be revised accordingly. 9. Sheet 1 does not reflect the staircase being in line with the east-west wall of the pool house and should. be revised accordingly. 10. The wall, walkway and staircase immediately southeast of tree #13's trunk have not been revised on Sheet A1.1 to be an additional five feet away from its trunk (per item #8 of my report). The plan should be revised- accordingly. 11. A note is shown on Sheet L-4.1 regazding the proposed lawn beneath the canopies of tree #2-4 and 8. However, the change(s) -must be incorporated into the design and shown on the plans. 12. The note specified on Sheet L-4.1 regazding item #12 of my report should also include `edging.' • P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ARBOR RESOURCES Professional Arboriculturad Consulting c~ Tree Care • March 22, 2005 19930 Sunset Drive page 3 13. The proposed storm drain shown on Sheet 1 should be reconfigured to be established outside from the designated fenced area. Additionally, all utilities and services should be deigned as such. If this is not possible, alternative means for installing any line should be prescribed and monitored by the Project Arborist. Sincerely ~~~~ David L. Babby, RCA Consulting Arborist • • P.O. Box 25295, .San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 William Maston City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 November 10, 2005 Re: 19930 Sunset Drive Application #04-359 Dear Ms. Vasudevan, Below is an itemized response to the letter from Arbor Resources dated March 22, 2005, regarding comments for the above referenced project. 1. The trunk locations for trees #72 - 75 have been added to the Site Plan (Sheet A1.1). These trees are not located on the property owned by our client and as such were not included on the Grading & Drainage Plan (Sheet 1) because they were not surveyed. They cannot be surveyed without access to the adjoining property, which we do not have permission to do. Consequently their location will have to be labeled as "approximate" on the Architectural site plan (see sheet note #8). 2. No comment required. 3. Where possible, all attempts have been made to avoid grading within the protective fencing approximated in your report dated November 29, 2004. Refer also to Sheet Note #9 on sheet A1.1. 4. The basement plan has been modified to increase the distance of the wall from tree #15 to over 16 feet. With the (E) site grades at that location, the proposed excavation is anticipated to have minimal impact on the tree. Refer to the attached Supplemental Arborist's Memo by Ray Morneau, dated August 22, 2005. The distance to tree #15 is slightly less than the 20ft requested, as due to the shallowness of the required excavation, no over cut is required. We are also attaching a letter from Mehus Construction dated April 22, 2005, outlining the proposed construction technique at that location. 5. Pier and grade beam construction is proposed for the Second Dwelling Unit (pool house). 6. The presence of an existing retaining wall, of significant size, has already established the grade in the area to the south of tree #20 (see attaches photo). A large portion of the new wall in question has been removed from the plans, therefore only minimal grading will be required in that area. The grade beam construction of the remaining portion of the wall will be designed in such a way as to allow for future root growth. 7. In general, it is poor industry practice to repeat notes as it increases the potential for error. Therefore sheet note #7 on Sheet A1.1 references the relevant note on Sheet L.4.1 addressing item #5 of your report dated November 29, 2004. Section A-A on Sheet 2 has 384 Castro Street • Mountain View, CA 94041 • (650) 968-7900 • Fax (650) 968-4913 info ~ mastonarchitect.com ~~GI~IT~ ~T ~ ~~.,~- oGI~T~.~ - ..~ t~• been revised accordingly. The driveway design has also been modified to eliminate any excavation beneath the canopy of trees #8, 74 & 75. 8. The staircase beneath tree #30's canopy has been completely rerouted and is now more than the requested additional Sft from the tree's trunk. 9. Sheet 1 has been updated accordingly. 10. Sheet A1.1 has been revised accordingly. 11. As requested, the proposed lawn has been removed from beneath the canopies of tree #2, 4 &8. 12. The note on Sheet L.41 has been updated to include the word "edging". 13. The proposed storm drain has been reconfigured to be established outside of the designated fenced area, refer to civil plan, Sheet 1. Y~ ProjeManager Willi Maston Architect & Associates • • Attachment 3 i~ .. 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 26`~ day of une , 2006, that I deposited 36 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: 510-26-001 - 19930 Sunset Drive; that on said day there was regular communication by United States Mail to the addresses shown above. 1 f (..~G ~~ 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 12th day of July 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: #04-359 -19930 Sunset Drive APPLICANT: BYRD APN: 510-26-001 DESCRIPTION: The applicant requests Design Review approval to construct a new single- family dwelling on a currently vacant lot. The dwelling will consist of approximately 5,574 square -feet, in addition to an approximately 5,181 square feet basement and a 728 square feet detached second dwelling unit. The maximum height of the home will be 26 feet. The site is currently located in Santa Clara County within the City of Saratoga's sphere of influence and in the Hillside Residential [HR] prezone. A request to initiate annexation of this approximately 86,153 (gross) square foot parcel to the City was approved by the Saratoga City Council on June 7, 2006. 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 Monday, July 3, 2006, 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. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Lata Vasudevan Associate Planner (408) 868-1235 June 25, 2006 500' Ownership Listing Prepared for: 510-26-001 OAK CREEK PARTNERS LLC 19930 SUNSET DRIVE SARATOGA CA 95070 510-02-004 510-02-013 510-02-014 KAY S & DOUGLAS RALSTON THOMAS J ALBANESE DONALD J & JOANNE PROLO OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 19905 SUNSET DR 15435 PEPPER LN 19841 GLEN UNA DR SARATOGA CA 95070-6438 SARATOGA CA 95070-6426 SARATOGA CA 95070-6414 510-02-015 510-02-017 510-02-018 NORMAN KEISER MARION C & JOHN CONNOLLY ROBERT W & DEBORAH WALT OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 15400 HUME DR 15405 HOME DR 15427 HUME DR SARATOGA CA 95070-6418 SARATOGA CA 95070-6416 SARATOGA CA 95070-6416 510-02-019 510-02-024 510-02-025 WALLACE & SYLVIA TSANG LESTER G SACHS CHAIHO & TAEOCK KIM OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 15449 HUME DR 19941 SUNSET DR 19977 SUNSET DR SARATOGA CA 95070-6416 SARATOGA CA 95070-6438 SARATOGA CA 95070-6438 510-26-002 510-26-003 510-26-001 RANDAL R KERBY EDWARD S WANG OAK CREEK PARTNERS LLC OR CURRENT RESIDENT OR CURRENT RESIDENT 14858 GYPSY HILL RD 19910 SUNSET DR 15521 GLEN UNA DR SARATOGA CA 95070-6151 LOS GATOS CA 95030-2933 LOS GATOS CA 95030-2922 510-26-004 510-26-005 510-26-006 ALICE C HUMBERT ALAN G & MARGARET GIBERSON MARK D & CATHERINE WILSON OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 15555 GLEN UNA DR 15561 GLEN UNA DR 15567 GLEN UNA DR LOS GATOS CA 95030-2922 LOS GATOS CA 95030-2922 LOS GATOS CA 95030-2922 510-26-007 510-26-009 510-26-029 LESLIE F JOHNSON MARY KAWAHARA KENNETH LEVY OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 15581 GLEN UNA DR 15748 PEACH HILL RD 19800 GLEN UNA DR LOS GATOS CA 95030-2922 LOS GATOS CA 95030-2926 SARATOGA CA 95070-6457 510-26-041 WEI-CHIAO & MI-FANG KU OR CURRENT RESIDENT 15631 GLEN UNA DR LOS GATOS CA 95030-2908 510-26-070 LAWRENCE A & RUTH ROSS OR CURRENT RESIDENT 15540 GLEN UNA DR LOS GATOS CA 95030-2936 • 510-26-071 WILLIAM E & BARBARA TINSLEY OR CURRENT RESIDENT 15550 GLEN UNA DR LOS GATOS CA 95030-2936 510-26-073 510-26-076 510-26-082 BRUCE A & JULIA BLACK JOHN A & EDNA HERMAN EVAN 1991 OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 15651 GLEN UNA DR 15621 GLEN UNA DR 15600 GLEN UNA DR LOS GATOS CA 95030-2908 -LOS GATOS CA 95030-2908 LOS GATOS CA 95030-2909 517-23-001 YUPAN WEN OR CURRENT RESIDENT PEACH HILL RD TOGA CA 95070-6402 517-23-022 RICHARD A & DEBRA BELGARD OR CURRENT RESIDENT 15571 PEACH HILL RD SARATOGA CA 95070-6472 517-23-025 WILLIAM MUSSONE OR CURRENT RESIDENT 15590 PEACH HILL RD SARATOGA CA 95070-6471 517-22-088 WILLIAM J & BARBARA ELFVING OR CURRENT RESIDENT 15451 PEACH HILL RD SARATOGA CA 95070-6402 n u 517-23-020 LAZAR & JANELLE BIRENBAUM OR CURRENT RESIDENT 20052 SUNSET DR SARATOGA CA 95070-6468 517-23-023 MARDI TRUST OR CURRENT RESIDENT 15581 PEACH HILL RD SARATOGA CA 95070-6472 517-23-048 ROBERT T & BEIJIA BECKETT OR CURRENT RESIDENT 15580 PEACH HILL RD SARATOGA CA 95070-6471 517-22-111 IQBAL HUSAIN 20140 MENDELSOHN LN SARATOGA CA 95070-5904 517-23-021 IQBAL HUSAIN 20140 MENDELSOHN LN SARATOGA CA 95070-5904 517-23-024 ROBERT M & DONNA GORSKI OR CURRENT RESIDENT 15600 PEACH HILL RD SARATOGA CA 95070-6471 517-22-071 BIRK S MC LANDLESS 3945 FREEDOM CIR 1000 SANTA CLARA CA 95054-1274 CITY OF SARATOGA ATTN: LATA VASUDEVAN 13777 FRUITVALE AVENUE SARATOGA CA 95070 Attachment 4 i i City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 ,~ ~~~ 0 ~~ ;_ I/// ~ ~ 206 July 3, 2006 _,~ c~l~ro~. ""C!.~!rTY~F~' ~~q RE: Update of neighbor notification for the proposed new residence at 19930 Sunset Drive Application #04-359 Deaz Ms. Vasudevan, Several Neighbor Notification Forms have been sent out regarding the above referenced project (11/ 17/05, 12/14/04, 02/03/05,), but the comments below pertain to the last notification sent -out on June 16, 2006. We have had several meetings and discussions with the residents at 19930 Sunset Drive, and they like and whole-heartedly endorse the project. They aze the only residents who have an unobstructed view of the proposed residence, and have agreed to a mutually beneficial screening plan with the homeowners. On 06/19/06 Mike Byrd had a conversation with one of the residents at 19905 Sunset Drive during which the resident expressed no objection to the project and was looking forward to seeing the finished product. On 06/30/06 we received a voicemail from the resident at 19910 Sunset Drive, stating that although he was reluctant to sign any forms, he believed that the Byrds had the right to build what they wanted on their property, and he has no objection to what is being proposed. We have also heazd from the neighbors at 19905 Sunset and 15561 Glen Una, both of whom have requested a meeting to review the plans. This has been scheduled at the site on 07/10/06. I will keep you apprised of any further comments when we receive them. Sincerely / Keith Go • ~ Project William as Architect & Associates Maston 384 Castro Street, Mountain View, CA 94041 (650) 968-7900 Fax (650) 968-4913 email: info C~mastonarchitect.com fi.~GI~-ITC ~T ~ ~~.,~ oG!:~T ~1 j ~i COVER SHEET , TO: HONORABLE MEMBERS SARATOGA PLANNING COMMISSION ATTN: LATA VASUDEVAN, ASSISTANT PLANNER CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 FROM: ALAN AND MEG GIBERSON 15561 GLEN UNA DRIVE LOS GATOS, CA 95030 RE: 7/12/06 PLANNING COMMISSION HEARING OF DEVELOPMENT PROJECT AT 19930 SUNSET DRIVE PAGES: TWO, INCLUDING COVER SHEET VIA: Hand delivery, two pages ;~ l~(~(~0~~ "~ JUL ~ 5 2006 CITY OF SARATOGA „~.'11TI1.TY DFVF~ !~^ • .. 1 1 • ~ The project development at 19930 for the Oak Creek Partners, LLC, is not consistent with applicable zoning because of large grading amounts. - City hillside zoning development criteria require that combined cut and fill of any grading shall not exceed one thousand cubic yards (1000 cu. yards), including any excavation for a swimming pool, without specific Planning Commission approval and findings. Saratoga Zoning Code § 15-13.050(f). - Proposed cut and fill for this for this project total approximately 300% of the mandated limit. Mitigation is requested because: - this amount of grading exceeds City of Saratoga's mandated limit; - immoderate -grading creates a precedent which will impact all similarly- situated neighbors throughout the Hillside Residential area, implicating further environmental review under CEQA for this project; - the extraordinary amount of grading allows 12,815 sq. ft. of floor area where the maximum allowable is 6,930 sq. ft. (6,513 sq. ft. of floor space are "not countable" here because of "basement" status); and - tunneling the lower story partly into the ground allows this applicant to avoid the 60-foot rear setback requirement of a two-story house. Terms of mitigation requested: - restricting construction to M - F from 8 a.m. to 6 p.m. as was done for a similar development in Saratoga in 1991, that included the restrictions below: o "normally scheduled construction activities should be limited to daytime hours 8:00 a.m. to 6:00 p.m. Construction should not be permitted on Saturdays, Sundays, and recognized holidays unless a permit has been applied for and granted by the Planning Director." Wong EIR, page 3-53. o "Truck activities should be limited to 8:OOa.m. to 6:00 p.m." Ibid. These restrictions are appropriate for this project, which is similarly situated on a steep (over 20% slope) hillside location amid surrounding residential properties, but which has closer neighboring houses. (See, for example, Wong parcel description: "hillside parcel between two adjacent residential developments....characterized by very steep slopes ranging in steepness from 15- 30 percent....zoned ... NHR...." Wong Draft EIR, August 1991, page 2-1; "existing house closest to the project site...is approximately 100 feet from the property line." Ibid, page 3-51.) Houses here are closer. - controlling daily for dust - or airborne contaminants left from demolished house (demolition done with no obvious supervision pursuant to County permit, obtained after application to Saratoga for demolition, and development) - placing portable potty with equal separation from neighbors' houses-particularly important for closest houses to South and East - monitoring site for prior contaminants -lead, asbestos, etc. - putting up plastic or other protective sheeting along S and E property boundaries for dust/dirt protection; can use six to seven foot fence existing (approx. 6 ft chain link, 1 ft barbed wire) to support sheeting Respectfully submitted, ~~i William Maston ,,,,~ ~~GF~IT~ G"' ~ ~c~~ oG!~T ~.~ LETTER OF TRANSMITTAL To: The City of Saratoga Date: 06/19/06 Job: Byrd 13777 Fruitvale Avenue Attention: Lata Vasudevan Saratoga, CA. 95070 Re: 19930 Sunset Drive From: Keith Gordon WE ARE SENDING YOU ^ Attached ^ Shop drawings ^ Copy of letter ^ Prints ^ Change order ^ Under separate cover via the following ^ Plans ^ Samples ^ Specification COPIES DATE NO. DESCRIPTION 1 06/16/06 Cover Letter to Neighbors 1 06/16/06 City of Saratoga Neighbor Notification Form 1 06/16/06 Copy of mailing envelopgrwith date stamp (8 total) THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ Resubmit copies for approval ^ For your use ^ Approved as noted ^ Submit copies for distribution ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For review and comment ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS Lata, Here are copies of the neighbor notification forms that were sent out last Friday. I am also attaching a copy of the cover letter which accompanied them, and a copy of the mailing address indicating the mailing date. Feel free to call or email me should you have any questions or require any dditional formation. Regards. ~ CC: SIGNED: 384 Castro Street, Mountain, View, CA 94041 (650) 968-7900 Fax (650) 968-4913 email: keithgC~lmastonarchitect.com William Maston • Residents of: Sunset Drive/Glen Una Drive Los Gatos, CA. 95070 June 16, 2006 Re: 19930 Sunset Drive Application #04-359 Dear Resident, With regard to the above referenced application for a new residence, the City of Saratoga has asked that we again send you the enclosed Neighborhood Notification Template, which they have provided. The story poles have now been erected and we would ask that you take the time to review them and be kind enough to complete the enclosed form. Please check one of the boxes and sign and return the form to us in the envelope provided. In the meantime, should you have any concerns, or require additional information, we will be more than happy to schedule a time to meet with you to review the proposed project. You can also call Bill Maston or myself at the telephone number below. Sincerely, - ~( Keith C Project Architect & Associates • 384 Castro Street • Mountain View, CA 94041 • (650) 968-7900 Fax (650) 988-4913 info~mastonarchitect.com City of Saratoga r Neighbor Notification Form Date. ~10 PROJECT ADDRESS: ~ ~ ~~ Suy,~~~ '~..~~~ ~ C7~~"OS ~ °~~jZS Applicant Name: ~j~. ~ M1Z~j 8~~ Application Number: Q ~ - 35°, Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. OMy signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ~My signature below certifies the following: I have reviewed the project plans; I_understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following-(please attach additional sheets if necessary): • Neighbor Name: Neighbor Address: Neighbor Phone Number: Signature: Printed: i . .. -_ William Maston ~.RGt}ITL G'r ~ js.~sOGI~T~~ x -_ William Maston ~s,QGI}IryGT ~ f+.~SDGI~T~2 384 Castro Street • Mountain View, CA 94041 • ~-~ ~~ • • William Maston ~.Qct~~T~ GT ~ ~~SOGI~-T~5 384 Castro Street • Mountain View, CA 94041 N ~' ~ '~- o N - ` ' ~ vi P i _ ~ -~ ...._ . v ~ _ ~~ ~ J ~ ~ p ~ : --~ ~:...:.~ ,x, ~ n ~. uH:rF~, ,,.~.., s,,_ ~.~.~ -; o °~ r tr".+ r ~ ~~. ~ . O . ysw `~ ; ~ J~ y••,J ~ W ~' ~ '$ N ~ n Ca a ^' ~,~ `~ 7 p _ p :.:' i..~ i ~. m '~~aF .. .~:~ .._. ,..; _a fJ~. C;;,. -_ William Maston 384 Castro Street • Mountain View, CA 94041 ~ ~ ~i -~n O' ~ J ~ 0 -P- OA +J .. 'iGJ .~i {r;. =- ...ti I1Nt7E`~ m '"+"~ .~ ~ S'i ~ II..J! ~ ~ . ~ o ~, ,,...4 ~5 C:: "" ~'~ ~ 1 O L~... '[7 of F ~... f^. i~~. • • ~ - O ~ ~ ~ , Q ~ ~. _ ---~ ~ ~ . c c3 , .~ ~ ~ - N ~~ ~::: N ~_~ -- ~ - ~ D ~.,. UPL'Tcv ~ ' _ C W ~~ v 11r. . T F µ.d ~.~~, f~ n C:. 11 a u li m _c: •• y r., r; a k.. ~, .;. r~~~„ •~~~'. _ . William Maston ~,Qc~}~rz GT ~ }S.~sool~T~~~ 384 Castro Street • Mountain View, CA 94041 ~ ~`" m N ~ ~ G ~ ~ ~ ~' J -~ '~1 G N N ~ ~.,., ~. m "' ~tiylu~ I ~ (.~~~7 ~ . r::; _ o ..:::~,~~: c :._ ,.: ; m ._.. r f~ .. ... 'I'C;i .... I~ . ._.. Gr,. ~... 1 384 Castro Street • Mountain View, CA 94041 i~ ~- ~' 1 N ~9 N N ....., ..:, .... ;~; ~. s ::-~~ O ~..3"; 1j ,~~ !V ~ : r'r.,. ,. ...,..~ <: F ...... ~~ iL! m .~.:~ .~.~ .G:;~r ,.. ~~ ~: ~ III ,~ -_ William Maston ~s„QG~}IrLGT ~ js.~SOGI~T~C~ 384 Castro Street • Mountain View, CA 94041 ~--. ~ ~ ~ ~ ~ ~ ~ ~ ~ G N ~9 .. ^. ~ 3 ;: ;;~ ~JN17r~y ~-, .z. '' ~ ' e ' d '~ in ( . i... ~ ,~'i _ ,I N J '~~ ~ '- ' i;1'}I f7 ~ i'~'I!$ W O .. i 'i ~ . ,.aJ'~9 .. ~ 1 1~ . ..~;i .. .. _. :•.a~~~i~ ... ..~: ..... _. i'~. 6 J~n•09 06 12:49p 1561 Glen Una Drive Los Gatos, CA 95030 December 29, 2005 Keith Gordon Project Manager William Maston Architect & Associates 384 Castro Street Mountain View, CA 94041 RE: Your letter re proposed new residence at 19930 Sunset Drive Dear Mr. Gordon: Thank you for your 12/19/05 letter regarding our communication sent to the City of Saratoga Planning Department. Your letter to us focused only on one of the issues we had concerns about-depiction of the driveway [hat runs through the southerly portions of our two properties. It is not surprising that your agents did not find a record of the areas of the "ROW '/ "reservation"/ "easement" we have adversely possessed, as the property affected may lie entirely outside the southern boundaries of APN 510-26-001, owned by your clients, Oak Creek Partners, LLC. What is surprising is the detailed but inaccurate depiction of the driveway and the "ROW'/ "reservation"/ "easement" affecting our property, APN 510-26-005, to the south of your clients' parcel. We would be interested in learning the basis for the depiction of that azea in your documents and in assisting in clarification of the evident misunderstanding involved. Additionally, about one year ago, when Maston Associates last communicated with us -about the proposed Oak CreelJByrd development, Mr. Maston expressed an interest in undergrounding the utility lice that serves- only our house and property and that runs on our property just inside our northerly boundary. At that time he stated that it would be much less expensive for your clients if the line were undergrounded so that it ran from Sunset to our house along your clients' easterly boundary. He noted that such a solution would avoid having to dig a trench up the hillside, along our joint properties' boundary. We have not heard anything further from your firm on that subject. Perhaps you would be interested in discussing the matter, as welt as any of the other issues we raised in our letter. Thank you for your interest in ongoing discussions, Yours i~y, ..~' ~ ~,' Alan and Meg Gibers Cc: Lata Vasudevan, Ciry of Saratoga Planning Department p.2 • ~ • ` ,~ . ~. CITY OF SARATOGA ~~- COMMUNITY DEVELOPMENT DEPARTMENT FACSIMILE TRANSMITTAL SHEET. TO: I ~G! LV~ ~ FROM: ~ ~~~-~~9N _ rl COMPANY: DATE: C=~ ' ~ 2~0~ FAX NUMBER: ~ TOTAL NO: OF PAGES INCLUDING COVER: PHONE NUMBER: SENDER'S PHONE NUMBER: ~ (408) ~: SENDER'S FAX NUMBER: f ~ 3 d ~ ~~ 408-867-8555 ^ URGENT FOR REVIEW ^ PLEASE COMMENT PLEASE REPLY NOTES/CCr MENTS: ~il. ~~'~ • c~14 OS O1:lOp 12/ 14/05 VIA FACSIMILE: (408) 867-8555 To: Planning Department Attn: designated project planner, Lata Vasudev City of Saratoga- J ~ l~ ~ ~ is From: Alan and Meg Giberson /~~~.pt~ '' `-'" Giberson@netgate net C~' 1 ` 0 ''., ./ '' EC 1 4 X005 ~` RE: Residential development proposal #04-35 CITY OF sAR,t7'p~;A ~r rAri•rV rywrr ,.- 19930Sunset Drive APN S 10-26-001 Thank you for the opportunity to comment on the residential development proposal #04- 359, at19930 Sunset Drive, APN 510-26-001. We incorporate herein by reference our previous 12/8/04 letter to the City regarding the project. We have not heard from the Byrds or their architectural firm for nearly a year. As we have written previously, we look forward to a fine house being built on the tot and do not oppose the overall development plan for aMediterranean/Tuscan home planned by the Delaware corporation, Oak Creek, LLC, and the Byrds. We do, however, anticipate some changes that will help the project respect the neighbor- and environment-protective measures embodied in the Saratoga City Code and other laws. We look forward to working with project proponents and City planners to achieve a positive result for project proponents. We submit today's comments, below. As you know, the existing 50+ year-old residence on the property was demolished and removed under permit issued by the County of Santa Clara, perhaps surprising since development plans and an annexation proposal had all been previously submitted to the City of Saratoga. The historical determination documents are not in the file. The revised plan calls for substantial cut and fill with 2900+ cubic yards to be moved, whereas City of Saratoga development criteria seta 1000 cubic-yard-limit for combined cut and fill. The proposed development appears to be a two-story structure with the large lower floor designated as a partial basement. Setback for the rear should thus be sixty feet, not the proposed fifty feet. The total proposed residence is nearly 10,000 square feet. An "ROW' (right of way) in the western part of the property appears to be a reservation-according to the property map referenced-that currently serves as a driveway to one parcel to the project's west, and provides secondary access to the project property and our property. See Saratoga City Code § 15-06.230 "Driveway". It is not a p.2 DEC 14 05 Ol:llp ~p.~ e r 'ect ma s. A lar e public street or road; it should be appropriately labeled on th p o} p g portion of that certain reservation (situated to the southwest of the Byrd property) has been adversely possessed by us, as recognized by court decree. This certain portion with the existing driveway appears incorrectly drawn in project submittals. The nature of the "ROW '/reservation will also affect how that area may be used and/or dedicated by APN 510-26-001 owners. If a reservation, the owners of that reservation will need to indicate their agreement to the annexation. It is not clear from submitted documents that the Byrds are owners of the reservation, or that the actual owners of the reservation have agreed to the annexation. It is also not clear that the Byrds represent all those with any ownership or property interest in APN 510-26-001 (we did not find any statement to that effect from the corporation among the submitted documents). If the "ROW"/reservation is owned by others than the Byrds, project setbacks from that reservation edge could also affect the project. Differing property sizes referenced in the project documents submitted are confusing. While the project proposes to offer 2.49 acres of land for annexation to the City, the lot was described as ±1.9 acres in project documents, with about 1.70 acres or less listed as the final net lot size. The parcel is listed on County APN maps as a 1.75 acre parcel, and has previously been listed for sale as a 1.75 acre parcel. The actual lot sine will need verification in order for the project to be appropriately and adequately processed, as lot size affects several regulated parameters (house size, etc.). Finally, it was not clear from our preliminary look at the current plans dated November 9, 2t?O5, that Willow Creek (a seasonal creek, shown on the current USGS quad map) was adequately delineated on the submitted maps. Mitigation measures {runoff provisions, etc.) adequate to protect that creek and neighboring properties were not apparent among submitted documents. • ` Jian •28 05 12: 50p January 28, 2005 Via Facsimile: (408) 867-8555 TO; Planning Department Attention: John Livingstone, Associate Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 FROM: Giberson 15561 Glen Una Drive Los Gatos, CA 95030 J RE: Development at 19930 Sun Drive, clarifications We have met with the architect for the proposed development at 19930 Sunset Drive, the rear of which property adjoins our home and property at 15561 Glen Una Drive. We look forward to working with the owners, as appropriate; we support development that strictly follows codes and public policy. We incorporate our previous comments herein by reference. Thank you for the opportunity to communicate regarding this neighboring development. According to the architect, the project has been altered pursuant to the wishes of other neighbors. We have no desire to affect the form or style of the house, but offer the following comments regarding the development generally: - S1TE RESTRICTIONS: Because it is a two-story home, the property appears subject to a sixty-foot (60') rear setback. Saratoga City Code § 15-13.090. - SQUARE FOOTAGE, HEIGHT, BASEMENT: An easily-interpreted and labeled depiction. of the current natural ground level (grade) would help in determining these values, which affect site restrictions, as above. - OWNERSHIP: We will look for a statement from the Delaware corporation that owns the property regarding its connection to the Byrd family, since City code requires evidence that the owner authorizes the applicant to submit items for City approval. Saratoga City Code § 15-06.052. - CHAIN LINK: The applicant's submittal notes that one or more chain link fences will be replaced. Since chain link fences are not permitted in this area, we assume that removal of any such fence will result in replacement by a fence of suitable material. Saratoga City Code § 15-29.020(e) - PRIVATE DRIVEWAY: The submittal referred to a certain "private road"-in actuality adriveway-crossing through the westerly portion of the subject property. Please note this private driveway may not be 15' wide in all areas and passes through an easement/reservation, which is less than 40 feet wide in parts, pursuant to court decision. p.l • Attachment 5 • • ._~ , RESOLUTION NO 06-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION OF A PROPERTY LOCATED AT 19930 SUNSET DRIVE WHEREAS, the City Council is considering the annexation of an approximately 86,153 (gross) square foot property, hereinafter referred to as `the territory', APN 510- 26-001, contiguous to the City of Saratoga; and WHEREAS, the City of Saratoga City Council has determined the project to be exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15319. of the CEQA Guidelines; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed at 19930 Sunset Drive is in the City of Saratoga's Urban Service Area and Sphere of Influence and is prezoned as Hillside Residential {HR]; and WHEREAS, there is one hundred percent (100%) owner consent for the annexation proceedings, no notice, public hearing or election will be required for annexation approval by the City; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and has determined that said territory is considered uninhabited for the purposes of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation of -the territory to the City known as Assessor's Parcel Number 510-26-001 located at 19930 Sunset Drive at a meeting to be scheduled to approve the annexation. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 7"' day of June 2006 by the following vote: AYES: Councihnembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline NOES: None ABSENT: None ~~r -, ~~,; - ; ~, ~ ,;~::L /`~~' %%- • Orman dine, Mayor ABSTAIN: None • Attachment 6 • e - ~r.»w www~w~.~rm S1bIOOSStl - p ! ! wxvae la9l ~tM6 ~ xmN uPgN~p _ ~~ ~ 8~.31HOab NOLStln i0 NOI1KIaOHlflb N3llRW~ 3H1ll10H1LU1103tOad ANb a0i latld N! 035N 39 0110N S! 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Schmidt, AICP, Associate Planner `~r1~" July 12, 2006 517-09-018, 043 & 044 Department Head John F. Livingstone, AICP \\ \~y SA OG~c;AV ~ ~' ,•" "~ i ;` ` \~SARATOGA-SNNNYVAL~ RD ~'~. ~ ' \ `\ ~~ ~~ , ~,, `\ % j i ~\i'~' S -L GATOS R~ ~•~ l .' ~ \ i ` ~ ' ~ ~ ,l ~ \. ~ ~. ~ i j .` \\ ~ I ,, ~~ \\\ /' / / i ~ ~~ \\ ~~\ i \ ~ ~ SARA,\~GA-L GATES ;• ~ ;'; \ .BASIN WY ~ `~ ' 0.00 0.01 0.02 0.03 0.04 0.05 km , ~'~ ~~, \ . !, 14410 Big Basin Way ExECtrrlvE SvNnvraRY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 06/05/06 06/14/06 06/28/06 06/20/06 07/06/06 The applicant is requesting a Conditional Use Permit and Design Review approval to locate a Comerica Bank (Bank) with exterior facade changes including installation of an ATM/Night Deposit Drop Box and two (2) wall-mounted signs in one of the tenant spaces located within an 11,836 square-foot commercial property known as Corinthian Corners. The site is located at the corner of Big Basin Way and Saratoga-Los Gatos Road. The bank will have two entrances, one facing Big Basin Way and the other facing Saratoga-Los Gatos Road, and will occupy an approximately 5,249 square-foot tenant space. The proposed ATM/Night Deposit Drop Box will face Saratoga-Los Gatos Road. STAFF RECOA~IMENDATION Deny the Conditional Use Permit application by adopting the attached Resolution. • • File No. 06-405;14410 Big Basin Way 3 Conditional Use Permit -Comerica PROJECT DATA ZONING: CH-1 District. GENERAL PLAN DESIGNATION: The General Plan designates this area as CR -Retail Commercial. The property is located within Area J, which is the Village Area. MEASURE G: Not applicable. PARCEL SIZE: 16,180 square feet: SQUARE FOOTAGE OF TENANT SPACE: 5,294 Square-Feet. AVERAGE SITE SLOPE: Average Slope of lot is less than 10%. GRADING REQUIRED: The applicant proposes no changes to the grade. ENVIRONMENTAL DETERMINATION: The proposal is not subject to the Environmental Quality Act (CEQA) pursuant to Section 21080(b) (5), "This division does not apply to any of the following activities: Projects which a public agency rejects or disapproves." In the event that Planning Commission approves the proposal the proposed project, consisting of the conversion of an existing small structure from one use to another, is Categorically- Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). PROPOSED EXTERIOR MATERIALS AND COLORS: In addition to two proposed wall- mounted signs and operational information. etched onto the facilities glass doors, the applicant is proposing an ATM machine. The machine and signs will both utilize blue and white colors. PROJECT DISCUSSION The applicant is proposing interior and exterior tenant improvements to relocate a Comerica Bank (Bank) in the Corinthian Corners commercial complex at the southwest corner of Big Basin Way and Saratoga Los Gatos Rd from the Cunningham Business Plaza located across the street at 14401 Big Basin Way. The 5,249 sq. ft. tenant space is proposed on the ground and second floors, next to Starbucks, with its store entrances facing Big Basin .Way and Saratoga-Los Gatos Road. The Bank will have a maximum of 6 (six) employees. Internal tenant modifications include creation of a manager's office in the south-east corner of the commercial structure and creation of a conference room in the north-east corner. Both of these spaces would be highly visible to pedestrians since they would be located within the view sheds of three "display" windows. File No. 06-405;14410 Big Basin Way 4 Conditional Use Permit -Comerica = Exterior changes to the facade consists of converting an existing window facing Sazatoga- Los Gatos Road into anATM/Night Deposit Drop Box as well as placing wall mounted signage on the east and south Elevations with a total of six goose-neck light fixtures located above the wall mounted signs (three above each sign). Correspondence and Neighbor Review Staff has not received any written comments from the public as of the writing of this report. The applicant did not submit neighborhood templates. Hours of Operation Proposed hours of operation aze from 9:00 a.m. - 5:00 p.m. Monday through Thursday, 9:00 a.m. - 5:00 p.m. on Friday, 9:00 a.m. -1:00 p.m. on Saturdays, and closed on Sunday. Parking and Circulation No exterior changes aze proposed to the off-street parking configuration where there are 6 (six) spaces. The City of Sazatoga has adopted a zoning text amendment which relaxes all pazking requirements in the Village. This ordinance was adopted on January 18, 2006, and became effective February 18, 2006. The new ordinance specifies that no off-street pazking shall be required for applications that. aze deemed complete between Mazch 1, 2006, and February 28, 2009. In addition, the proposed financial institution would require the same number of pazking spaces as a retail establishment; therefore, no additional off-street pazking would be required.. The Corinthian Corners complex has 6 (six) off-street pazking spaces, which aze not being credited towazds the pazking needs for the Bank because they have already been allocated toward the pazking needs for Starbucks. Customer on-site pazking maybe available for the Bank since its peak hours of business are different from the morning peak hours for Starbucks. It is likely that customer pazking demands for the proposed bicycle shop would be sporadic and likely to not consistently coincide with the peak times of the Bank and Stazbucks. As a side note, a condition of approval, like the one imposed on the conditional use permit for Stazbucks, prohibiting on-site employee pazking would be required if the conditional use permit is granted. signage The applicant is proposing two wall-mounted "Comerica Bank" signs, one on each facade. The proposed signage will consist of individual blue aluminum letters with exterior illumination from three goose neck lamps for each sign. The applicant would like to match the goose neck lamps that currently illuminate the Stazbucks signage. • File No. 06-405;14410 Big Basin Way 5 Conditional Use Permit - Comerica GENERAL PLAN FINDINGS The approval of the proposed project would not be consistent with the following General Goals and Policies stated in the Land Use Element as discussed below: Land Use Policy 4.0 states: "Encourage the economic viability of Saratoga's existing commercial areas and their accessibility by residents, keeping in mind the impact on the surrounding residential areas." Discussion: The applicant is proposing to occupy a prime retail location at the gateway of the Village. The structure has a strong pedestrian orientation with the frontage along Big Basin Way abutting the sidewalk with large prominent display windows on the southern and eastern facades. Utilization of the tenant space as a fmancial institution would reduce retail opportunities within the Village. While the Bank would be essentially relocating a use from one location within the Village to another and would not be introducing a new use, they would be vacating a building that would be less desirable as a retail establishment and occupying a prime retail location. The Bank is proposing to vacate a commercial structure located across the street. The structure is set-back from the sidewalk and does not contain visible storefront display windows, which would enhance a retail use. There are currently two other financial institutions located on the west side of Big Basin Way with two others, one of which is Comerica Bank, on the east side of Big Basin Way for a total of four (4) financial institutions located within the Village. Staff is concerned that a large concentration of financial institutions located one side of the street, within close proximity of each other, would give the appearance of a financial strip. In addition, if the project is approved another financial institution could locate in the existing building, which would now be available, without a Conditional Use Permit because it is an existing use; thereby increasing the concentration of fmancial institutions within the village and reducing retail sites.- Land Use Policy LU 7.1 states: "The City shall consider the economic impacts of all land use decisions on the City." Discussion: Approval of the proposed Use Permit could reduce the availability of pedestrian oriented retail space, which could have an economic impact to the Village. File No. 06-405;14410 Big Basin Way 6 Conditional Use Permit - Comerica ` • DESIGN REVIEW FINDINGS Municipal Code Section 15-46.020 (3) requires design review approval by the Planning Commission when any substantial exterior .alteration, as determined by the Planning Director, is proposed to an existing structure in a "C" Zoning District. Design Review approval is required for this application because exterior changes to the facade are proposed to install an ATM machine. The machine would be installed in an existing window on the south elevation fronting Saratoga-Los- Gatos Road. Since the building is located at the entryway to the Village and is a relatively new structure staff is recommending the Planning Commission deny the installation of a lighted ATM machine. The proposed project is not consistent with all the following Design Review Findings as stated in MCS 15-45.080: (a) Avoid unreasonable interference with views and privacy. Alighted ATM machine would be highly visible from the intersection of Saratoga-Los Gatos Road and Big Basin Way and would cause a visual distraction at the gateway to the Village. (b) Preserve Natural Landscape. The proposal will preserve the natural landscape. No protected trees are proposed for removal. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of protected Native and/or Heritage Trees. (d) Minimize perception of excessive bulk Installation of the proposed ATM could increase the perception of bulk to the structure because a window would be removed, which is utilized to create visual-symmetry with the architectural design of the building. In addition, the building side facade could appear to be cluttered with the installation of the ATM; thereby increasing the perception of bulk even further. (e) Compatible bulk and height The proposal will not increase the overall height or bulk of the structure. (~ Current grading and erosion control methods. Grading will not be required. (g) Design policies and techniques. The proposed project is not consistent with the following Saratoga Village Design Review Guidelines: a. Display Windows: The display window is the link between the pedestrian environment outside and the business inside. The original size, division and shape of the display windows within the overall storefront should be preserved. Replacing a window with an ATM machine would reduce retail display opportunities in the commercial structure. File No. 06-405;14410 Big Basin Way Conditional Use Permit - Comerica 7 b. Identified "Opportunity Site No. 1 -Gateway Corner at Big Basin Way and Blaney Plaza: The subject site has been identified as the entrance into the Saratoga Village. Design Guidelines identify the importance of architectural detailing on the building to give it visual interest. Installation of an ATM machine would detract from the architectural detailing of the commercial structure. CONDITIONAL USE PERMIT FINDINGS The proposed Bank is classified as a financial institution pursuant to the City- Municipal Code and requires a Conditional Use Permit. This process acknowledges that this use may be permitted, but allows the Planning Commission to impose conditions to ensure that a project is compatible with surrounding land uses. The granting of a Conditional Use Permit shall be based on the findings stated in Zoning Ordinance section 15-55.070. Staff has determined that only 2 (two) of the 3 (three) required Conditional Use Permit findings stated within Section 15-55.070 of the City Code can be made in the affirmative. The following is a discussion of each of the 3 (three) findings: Finding #1: The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. Staff is unable to make this Finding. The purpose of the zoning district is to provide opportunities for a mix of specialty commercial uses that are pedestrian oriented. The proposal would remove prime retail opportunities from the Village even though it is not a new use and they would vacate a retail structure. -The retail structure they would vacate would not provide the same pedestrian orientation since the building is not adjacent to the sidewalk and does not contain large display windows. Furthermore, the CH-1 District is designed to implement the Saratoga Village Specific Plan and achieve the following objectives with respect to the village: (1) Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners; -The proposed internal modifications, including construction of a conference room -and a manager's office, would diminish the availability of window displays within the Village and would not provide pedestrian orientated shopping opportunities. (2) Preservation and enhancement of the architectural and landscape quality of the Village; -The installation of the proposed ATM machine would further reduce window display opportunities and would not enhance the existing architectural features of the new commercial structure. (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; -The proposed use would be relocating from one tenant File No. 06-405;14410 Big Basin Way Conditional Use Pernut - Comerica 8 space to another within the Village and would not be providing an opportunity for the establishment of a new use within a prime retail location with existing large display windows. Finding #2: 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. The proposed location of the conditional use and the conditions which it would be operated would not be detrimental to the public health, welfare, or safety of the community. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. If the project is approved then appropriate conditions of approval would be included in the approving Resolution requiring compliance with the Saratoga Municipal Code. CONCLUSION Staff finds that all of the Conditional Use Permit and Design Review fmdings can not be made in the affirmative and the proposal is not consistent with the General Plan. STAFF RECOMMENDATION Staff recommends the Planning Commission find that this Application is not subject to CEQA review and deny the request for a Conditional Use Permit and Design Review by adopting the attached Resolution. ALTERNATIVES 1. The Planning Commission finds this Application exempt from CEQA and approves the application for a Conditional Use Permit and Design Review with required findings and conditions. 2. The Planning Commission finds this Application exempt from CEQA and approves the application for a Conditional Use Permit; but, denies Design Review for installation of an ATM. ATTACfIMENTS 1. Resolution of Denial 2. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels 3. Applicant's Plans, Exhibit "A" • • Attachment 1 • RESOLUTION NO. Application No. 06-216 CITY OF SARATOGA PLANNING COMNIISSION STATE OF CALIFORNIA Comerica Bank; 14410 Big Basin Way WHEREAS, the. City of Sazatoga Planning Commission has received an application for a Conditional Use Permit to allow Comerica Bank (Bank) to operate within the Corinthian Corners commercial complex and Design Review to install an ATM and two (2) wall-mounted signs on the existing structure. The Bank will be approximately 5,249 square feet. The site is located in a CH-1 Commercial Zoning District; and WHEREAS, the Planning Commission has conducted 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 Planning Commission finds that the proposal is not subject to the Environmental Quality Act (CEQA) pursuant to Section 21080(b) (5), "This division does not apply to any of the following activities: Projects which a public agency rejects or disapproves." and WHEREAS, the Planning Commission finds that he proposed project is not consistent with City's General Plan Goals and Policies stated in the Land Use Element as discussed below: Land Use Policy 4.0 states: "Encourage the economic viability of Sazatoga's existing commercial areas and their accessibility by residents, keeping in mind the impact on the surrounding residential areas." Discussion: The applicant is proposing to occupy a prime retail location at the gateway of the Village. The structure has a strong pedestrian orientation with the frontage along Big Basin Way abutting the sidewalk with lazge prominent display windows on the southern and eastern facades. Utilization of the tenant space as a financial institution would reduce retail opportunities within the Village. While the Bank would be essentially relocating a use from one location within the Village to another and would not be introducing a new use, they would be vacating a building that would be less desirable as a retail establishment and occupying a prime retail location. The Bank is proposing to vacate a commercial structure located across the street. The structure RESOLUTION NO. Application No. 06-216 2 `~' is set-back from the sidewalk and does not contain visible storefront display windows, which would enhance a retail use. In addition, there are currently two other financial institutions located on the west side of Big Basin Way with two others, one of which is Comerica Bank, on the east side of Big Basin Way for a total of four (4) financial institutions located within the Village. Staff is concerned that a large concentration of financial institutions located one side of the street, within close proximity of each other, would give the appearance of a financial strip. Land Use Policy LU 7.1 states: "The City shall consider the economic impacts- of all land use decisions on the City." Discussion: Approval of the proposed Use Permit could reduce the availability of pedestrian oriented retail space, which could have an economic impact to the Village; and WHEREAS, the Planning Commission finds that he proposed project is not consistent with all the following Design Review Findings as stated in MCS 15-45.080 and discussed below: (a) Avoid unreasonable interference with views and privacy. Alighted ATM machine would be highly visible from the intersection of Saratoga-Los Gatos Road and Big Basin Way and would cause a visual distraction at the gateway to the Village. (b) Preserve Natural Landscape. The proposal will preserve the natural landscape. No protected trees are proposed for removal. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of protected Native and/or Heritage Trees. (d) Minimize perception of excessive bulb Installation of the proposed ATM could increase the perception of bulk to the structure because a window would be removed, which is utilized to create visual symmetry with the architectural design of the building. In addition, the building side facade could appear to be cluttered with the installation of the ATM; thereby increasing the perception of bulk even further. (e) Compatible bulk and height The proposal will not increase the overall height or bulk of the structure. (f) Current grading and erosion control methods. Grading will not be required. (g) Design policies and techniques. The proposed project is not consistent with the following Saratoga Village Design Review Guidelines: RESOLUTION NO. Application No. 06-216 3 • a. Display Windows: The display window is the link between the pedestrian environment outside and the business inside. The original size, division and shape of the display windows within the overall storefront should be preserved. Replacing a window with an ATM machine would reduce retail display opportunities in the commercial structure. b. Identified "Opportunity Site No. 1 -Gateway Corner at Big Basin Way and Blaney Plaza: The subject site has been identified as the entrance into the Saratoga Village. Design Guidelines identify the importance of architectural detailing on the building to give it visual interest. Installation of an ATM machine would detract from the architectural detailing of the commercial structure; and WHEREAS, the Planning Commission finds that all of the findings required within Section 15-55.070 of the City Code for granting a Conditional Use Permit can not be made in the affirmative. The following is a discussion of each of the three (3) Findings: Finding #1: The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. Staff is unable to make this Finding. The purpose of the zoning district is to provide opportunities for a mix of specialty commercial uses that are pedestrian oriented. The proposal would remove prime retail opportunities from the Village even though it is not a new use and they would vacate a retail structure. The retail structure they would vacate would not provide the same pedestrian orientation since the building is not adjacent to the sidewalk and does not contain large display windows. Furthermore, the CH-1 District is designed to implement the Saratoga Village Specific Plan and achieve the following objectives with respect to the village: (1) Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners;. -The proposed internal modifications, including construction . of a conference room and a manager's office, would diminish the availability of window displays within the Village and would not provide pedestrian orientated shopping opportunities. (2) Preservation and enhancement of the architectural and landscape quality of the Village; -The installation of the proposed ATM machine would further reduce window display opportunities and would not enhance the existing architectural features of the new commercial structure. (3) Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences; -The proposed use would be relocating from one tenant space to another within the Village and would not be providing an opportunity for the establishment of a new use within a prime retail location with existing large display windows. RESOLUTION NO. 4 Application No. 06-216 • Finding #2: 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. The proposed location of the conditional use and the conditions which it would be operated would not be detrimental to the public health, welfare, or safety of the community. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. If the Planning Commission should so chose to approve the requested Conditional Use Permit then appropriate conditions of approval would be included in the approving Resolution requiring compliance with the Saratoga Municipal Code. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve. as follows: Section 1. After careful consideration of the floor plan and other exhibits submitted in connection with this matter, the application for a Conditional Use Pernut approval for Comerica Bank is hereby denied. Section 2. Unless appealed pursuant to the requirements of Article 15-55.080 and 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. RESOLUTION NO. Application No. 06-216 5 • PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of July 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rogers Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said temps and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • 1~ AFFIDAVIT OF MAILING NOTICES I, Denise Kas~ar ,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 19`h day of une , 2006, that I deposited 91 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 1S-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within S00 feet of the property described as: APN: 517-09-043, 517-09-018, 517-09-044 - 14410 BIG BASIN WAY; that on said day there was regular communication by United States Mail to the addresses shown above. ~( ~L~ %~-. enise Kaspar Advanced Listing Services • JiJNE 19, 2006 OWNERSHIP LISTING PARED FOR: 517-09-018, 043, 044 COMERICA 14410 BIG BASIN WAY SARATOGA CA 95070 397-22-002 397-22-011 397-22-015 397-22-069 KRIS A & CAROL SOWOLLA FLORA M COX SARATOGA FIRE DIST OF SC COUNTY 219 JACKSON ST 1146 TELFER AVE OR CURRENT OWNER LOS GATOS CA 95030-7119 SAN JOSE CA 95125-3346 20473 SARATOGA LOS GATOS RD SARATOGA CA 95070-5909 397-22-015, 067, 069 397-22-020 397-22-023 SARATOGA FIRE DIST SCC CALIFORNIA STATE OF SARATOGA FEDERATED CHURCH PO BOX 279 P O BOX 23440 20390 PARK PL MOUNTAIN VIEW CA 94042-0279 OAKLAND CA 94623 SARATOGA CA 95070-5955 397-22-044, 068 397-22-045 397-22-066 SARATOGA FEDERATED CHURCH JOHN L & M OSTROWSKI UNITED STATES POSTAL SERV 14370 SARATOGA AVE 12750 IONE CT 395 OYSTER POINT BLVD 225 SARATOGA CA 95070-5953 SARATOGA CA 95070-3804 SOUTH SAN FRANCISCO CA 94080-1930 397-27-028 397-31-008 397-31-011 DAN W & GWEN NEALE DAVID L & SONJA GUNN G & G MCCANDLESS PROPS LLC 129 WHITNEY AVE 700 S BERNARDO AVE 101 PO BOX 1962 LOS GATOS CA 95030-6233 SUNNYVALE CA 94087-1099 LOS ALTOS CA 94023-1962 397-31-020 397-33-002 397-33-001 ENGINEERING INFORMATION JOSEPH & SUSAN LONG EVELYN DUGGAN SYSTEMS PO BOX 2095 OR CURRENT OWNER PO BOX 25 SARATOGA CA 95070-0095 14347 SARATOGA AVE C SARATOGA CA 95071-0025 SARATOGA CA 95070-5945 397-33-003 397-33-004 397-33-005 GRACE S HSU KAIMENG HUANG PATRICIA I CHUI OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14347 SARATOGA AVE B 14349 SARATOGA AVE A 14349 SARATOGA AVE B SARATOGA CA 95070-5945 SARATOGA CA 95070-5949 SARATOGA C.A 95070-5949 397-33-007 397-33-008 397-33-006 BRENDA K VINSON DENNIS W KING NOEL LINDSAY OR CURRENT OWNER OR CURRENT OWNER PO BOX 663 14351 SARATOGA AVE A 14351 SARATOGA AVE B ROSS CA 94957 SARATOGA CA 95070-5950 SARATOGA CA 95070-5950 ~33-009 397-33-010 397-33-011 pK ROBERT PENNELL WANDA KATHARY 19646 VIA GRANDE DR 1432 CERRO VERDE OR CURRENT OWNER SARATOGA CA 95070-4452 SAN JOSE CA 95120-4909 14353 SARATOGA AVE D SARATOGA CA 95070-5965 397-33-012 397-33-013 397-33-014 . ROBERT PIERCE LENA PONTIER MORTON S & GERALDINE MANN 23600 VIA ESPLENDOR 118F OR CURRENT OWNER 19986 MALLORY CT CUPERTINO CA 95014-6513 14353 SARATOGA AVE C SARATOGA CA 95070-4437 SARATOGA CA 95070-5964 397-33-015 397-33-016 397-33-017 GWENDOLYN BONNET CANNIZZARO KAREN E BURGNER OR CURRENT OWNER 19540 REDBERRY DR OR CURRENT OWNER 14355 SARATOGA AVE D LOS GATOS CA 95030-2931 14355 SARATOGA AVE C SARATOGA CA 95070-5951 SARATOGA CA 95070-5951 397-33-018 397-33-019 397-33-020 JOSEPHINE J PERSICO JONATHAN W MULHOLLAND DOLLIE LEY OR CURRENT OWNER OR CURRENT OWNER 19944 CHARTERS AVE 14357 SARATOGA AVE A 14357 SARATOGA AVE D SARATOGA CA 95070-4412 SARATOGA CA 95070-5952 SARATOGA CA 95070-5952 397-33-021 397-33-022 397-33-023 DAVID A JOHNSON EARLE J CRAIGIE MARJORIE BUENROSTRO 18403 PURDUE DR OR CURRENT OWNER ~ OR CURRENT OWNER SARATOGA CA 95070-4712 14359 SARATOGA AVE A 14359 SARATOGA AVE B SARATOGA CA 95070-5947 SARATOGA CA 95070-5947 503-23-027,028 503-23-029 503-23-052 WILLIAM L & VIRGINIA HIGGINS HUGH A & GLORIA JACOBS PATRICK BROCKETT OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20550 BROOKWOOD LN 20510 BROOKWOOD LN 20620 BROOKWOOD LN SARATOGA CA 95070-5800 SARATOGA CA 95070-5800 SARATOGA CA 95070-5831 503-23-053 503-24-008 503-24-009 DAVID S JOHNSTON RLJ LLC ROBERT & SHIRLEY CANCELLIERI OR CURRENT OWNER 19510 GLEN UNA DR 14860 CODY LN 20616 BROOKWOOD LN SARATOGA CA 95070-6018 SARATOGA CA 95070-6018 SARATOGA CA 95070-5831 503-24-046 503-24-034 503-24-038 INN AT SARATOGA INC TERRY WORDEN S C V W D OR CURRENT OWNER 20552 LYNDE CT 5750 ALMADEN EXPY 20645 4TH ST SARATOGA CA 95070-5312 SAN JOSE CA 95118 SARATOGA CA 95070-5867 503-24-049,050 503-24-051 503-24-054 GEORGE PAYNE YVES G & ANNETTE CASABONNE TONY A & JULIET JARRAMI 15940 ROCHIN TR PO BOX 247 30 OAK GROVE AVE LOS GATOS CA 95032 EL VERANO CA 95433-0247 LOS GATOS CA 95030-7021 503-24-057 503-24-058 503-24-059 DOWNEY SAVINGS & LOAN BLOXHAM L M &.LOUELLA SULLIVAN ASSOCIATIO 4010 MOORPARK AVE 111 20570 CANYON VIEW DR PO BOX 6000 SAN JOSE CA 95117-1804 SARATOGA CA 95070-5876 NEWPORT BEACH CA 92658-6000 503-24-060,061 503-24-062 503-24-063 BLOXHAM BERNARD A WALLACE CNY PROPERTIES INC OR CURRENT OWNER PO BOX 1060 PO BOX 2099 14415 BIG BASIN WAY DISCOVERY BAY CA 94514-7060 SARATOGA CA 95070 SARATOGA CA 95070-6171 503-24-066 JOSEPH C & MICHELLE MASEK 503-24-067,080,081 503-24-078 OR CURRENT OWNER JAMES I & ARLENE ROSENFELD SUSAN K CUNNINGHAM BIG BASIN WAY 14219 OKANOGAN DR PO BOX 2230 TOGA CA 95070-6093 SARATOGA CA 95070-5549 CUPERTINO CA 95015-2230 503-24-079 DENNIS M CUNNINGHAM 517-09-011 517-09-012 OR CURRENT OWNER RICHARD SERMONE MARTE FORMICO 14407 BIG BASIN WAY 14620 BIG BASIN WAY 14480 BIG BASIN WAY SARATOGA CA 95070-2446 SARATOGA CA 95070 SARATOGA CA 95070-6080 517-09-013 517-09-014, 15, 46, 47 517-09-017 BK OF AMER N T & S A FRANK BURRELL ELIZABETH KLEAR PO BOX 2818 470 VANDELL WY STE A 20387 THELMA AVE ALPHARETTA GA 30023-2818 CAMPBELL CA 95008 SARATOGA CA 95070-4946 517-09-018,043,044 517-09-020 517-09-021 ATOGA LLC ANTHONY J & GEORGIA MAHNAZ KHAZEN 4367 CLEAR VALLEY DR ELLENIKIOTIS OR CURRENT OWNER ENCINO CA 91436-3317 14451 CHESTER AVE 20490 SARATOGA LOS GATOS RD SARATOGA CA 95070-5624 SARATOGA CA 95070-5911 517-09-024 517-09-025 517-09-026 DAVID L SORENSEN JAVID J SALEHIEH RICKY & RUBINA RATRA OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14493 OAK ST 14501 OAK ST 14505 OAK ST SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 SARATOGA CA 95070-6187 ~09 027 517 9 - 517-09-042 -0 -063 THANH LUONG PETER J & PAT DALTON JOUNG S & Y KIM OR CURRENT OWNER 7221 SILVER LODE LN OR CURRENT OWNER 14515 OAK ST SAN JOSE CA 95120-3356 14467 OAK ST SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 517-09-064 517-09-065 517-09-066 STEVEN L MICHELI TED A & PEGGY MCKIBBEN ROBERT K & LISA BUSSE OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER -14465 OAK ST 14463 OAK ST 14461 OAK ST SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 517-10-004 517-10-006 517-10-007 SALIM SAGARCHI RONNIE L HELM GARY H & DIANAGAY ESPINOSA OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14524 OAK ST 1 14516 OAK ST 14510 OAK ST SARATOGA CA 95070-6085 SARATOGA CA 95070-6087 SARATOGA CA 95070-6087 517-10-008 517-10-009,015,034 517-10-011 JOHN N ALLEN OUR LADY FATIMA VILLA INC SARATOGA LODGE NO FOUR TWO EIGHT OR CURRENT OWNER 20400 SARATOGA LOS GATOS RD PO BOX 54 14500 OAK ST SARATOGA CA 95070-5927 SARATOGA CA 95071-0054 SARATOGA CA 95070-6087 10-014 517-34-001 517-34-002 AS PROPERTIES LLC TRUDY GRABLE PRASENJIT BARDHAN PO BOX 14189 1238 CORDELIA AVE 1648 MARIPOSA AVE SAN FRANCISCO CA 94114-0189 SAN JOSE CA 95129-4212 PALO ALTO CA 94306-1026 517-34-003 SCOTT TRUST 922 BICKNELL RD LOS GATOS CA 95030-2112 517-34-006 GARY D ALFORD OR CURRENT OWNER 14543 OAK ST SARATOGA CA 95070-6074 397-22-018 397-27-001 503-24-036,076 517-10-012,013 CITY OF SARATOGA ATTN: THERESE SCHMIDT 13777 FRUITVALE AVENUE SARATOGA CA 95070 517-34-004 BRIDGET M ROMAN OR CURRENT OWNER 14545 OAK ST SARATOGA CA 95070-6074 517-34-007 TAMARA J SIMPSON OR CURRENT OWNER 14527 OAK ST SARATOGA CA 95070-6074 517-34-005 JAMES A ELLS OR CURRENT OWNER 14537 OAK ST SARATOGA CA 95070-6074 517-34-008 DAVID J SPLAWN OR CURRENT OWNER 14525 OAK ST H SARATOGA CA 95070-6074 r~ • • Attachment 3 r: • • ~ co 0 O N .-^_- =~ ti ~ C _n n ^ n I: ~J ~ ~ ~ ~ ~ r m, v z O z~0 ~ w z N ~ ~ w O ~~ Ql~lllz Z~ W 1~ ~ OJ1 ~ w ~-- Q N ~ t!- 1L 0 ~ wz QO tL 0 O~~ ..~ ~~~Q w O ~ w~~ iQL~ O z~ wQ } ~ f-N~~ :\ Q 4 ij ~/ 1 ~-- 4 /~ ll~ ,,`,\ ~ ~~ J i K L n ,l'dM3/~I?JQ 0 U ~ ~ N ~ O Q ~ U .~ ~ in rn ~ ~ M ~ c -o o ~ E d U ^ ~ E ~ _~ O` f] N NCO ~ O N ~ (V N C~Z~^`l ~ 3 0 ~rncn~3 ~ 9NI~ITJ'dd Q Q3?~~O'~ OI b 4 L ^ J_ Q H J Q •~ ,, . --i--_r...,.r~_. ,, •. ,~,_- ~ ~ a °' _ ~: __ :=~-~1 n n _} \,~ ~ ~ ~ 4~ ~.. ;,a~ _ i I~ Vu.___ _.3? _j/ ~~M N~s~~ ~~8 w Q w - 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W~ ~~! ~ i ` S ~ ! o ° f ' O io?~ N I - 1i I v ~ Z ~ N I 1 y ~ fifi a > ~o , a a J ~ j W Z ~ a I i O a ~ Z J ~ ! i ~ I z s K U d ~~ ~ N R ~ G e, mG ~ 1 ~ a m, p o ~ Q ~ Z ~ ~ ~ W ~ w ~ ky ~~ ~ ~ ~ ~ a o ~ m } } c~ a .¢ ~ ,v .: ~ _ N ~ O~ U W o O J ~ w ~ M PAGE NUMBER 4 of 8 • ., , ~ ='~ ~~ _ . , 1 I ~~ ~~ ~~' 't~ ,, . ~ ~. 3 ~a ~ I ~ ~ t ~ ~ -' ~ ~~ ~ 3. i •- ,j' - ~ ~ _ of y~~e#41 Syr ,~`, ~~ ~F 1 }~ ~ ~ ~ ~. =F { - 11 'E'n 1 ' ~ ' f ~ y;~ ~i ~ - y X:- ~ ~ §. ~~ lT: ~ ~ ~ .1 ;~ ~ ,= _ ,- ~n _ i 1 _ ~.. t Y v 4 'f. ~ Ifi Y R. ky ~' s; ~, x ~~-~ ~. 4 _ .~_ 1 Z Q ~ Z Z _~_ D ~ H ~N w0 >v W O LL ~ ~a Z ~! ~` r } , ~ ~ li~ 4 • S~ ~ ~i . - `I 00 r' C~ ~~ ~~ ~ ~ «9-~ L L[. w W J G J Q C .~ N a. Q A~ 1 _ J J J J Z w X~ W I' W ~ Z M ~~ a o ~ O ~ m Z ~_ M O ~ } z _ ~ cn J W LL J w~ m O Z J = m ~~ Z J M Y ~W U -J Z ~ ~~ WQ ~ ~ ~ H _ D Z z~ a J Z ~ H ~ H ZJ W J Q J ~ Q Z Z~W ~ DUX Q Q~W w U~~ w J ~~ U~~O~ ~~ Z 0 ~Z CZo G LJ. 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O ~ 2 .- N ~ J 1 ~ a ~a J W Q ~ K p a A ~~ i Z a ~ w . u ~ a ' ~~ f li ~I ~ ~ N ~ ' T ~~ ~ ~ ~ rn m o Q w Q r U a ~ ~p Z ~ r ~W ~ _ ~ w y r-~F o N c` w ~ ~ W o Lf ~ _ ~ • O M r C ~ a U¢ ~ u U ~ ~ ~ ~~ c ~ ~ = ~ N a ° r • Z D ~ N (/~ 10 'PAGE NUMBER 8 OF 8 `~ ~ E • ,~6~ «~/L Zb «5~ ~~ Item 5 ~ REPORT TO THE PLANNING COMMISSION Application No./Location: 06-218/13000 Paramount Court Type of Application: Design Review Applicant/Owner: Hometec Architecture Inc./Doug & Brandy Gre~jen h r chmid AICP Associate Planne~r~~ ~I~ Staff Planner: T e ese M S t, Date: July 12, 2006 APN: 503-81-005 De artment Head: P John Livin stone CP, Dir ctor • • Application No. 06-218; 13000 Paramount Court/Green EXECUTIVE SUNIlVIARY CASE HISTORY: Application filed: 01/04/06 Application complete: 06/14/06 Notice published: 06/28/06 Mailing completed: 06/26/06 Posting completed: 07/06/06 PROJECT DESCRIPTION: The applicant requests Design Review Approval to demolish atwo-story single-family residence and accessory structure and construct atwo-story residence with an attached two- caz gazage and carport. The total floor area of the proposed residence will be approximately 5,715 square-feet, including the attached garage and carport. The maximum height of the proposed residence will not be higher than 25-feet. The net lot size is 36,873 squaze-feet and the site is zoned R-1-40,000. STAFF RECOA~IlVIENDATION: Staff recommends the Planning Commission approve the application for Design Review with required findings and conditions by adopting the attached Resolution. • 2 Application No. 06-218; 13000 Paramount Court/Green • i~ STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 44,308 Sq: Ft. (Gross) 36,873 Sq. Ft. (Net) AVERAGE SITE SLOPE: Less than 10% GRADING REQUIRED: None Proposed PROJECT DATA: Total Proposed Lot Coverage: Residence Garage/Carport Gravel Drive/Walks Driveway/walks/patio Total Floor Area: Total Proposed Residence Porch Garage Total Setbacks: Proposed North (side-yard) South (side-yard) East (rear-yard) West (front-yard) Height: Proposed Residence Proposal Code Requirements Maximum Allowed 3,296 sq. ft. 763 sq. ft. 418 sq. ft 1,754 sg. ft. 6,231 sq. ft. (17%) 12,905 sq. ft. (35%) Maximum Allowed 5,163 20 533 5,716 sq. ft. 5,766 sq. ft. Min. Requirement 1-story 2-story 1-story 2-story 50 ft. 52 ft. 20 ft. 25 ft. 32 ft. 78 ft. 20 ft. 25 ft. 130 ft. 139 ft. 50 ft. 60 ft. 34 ft. 38 ft. 30 ft. 30 ft. Maximum Allowable 25 ft. 26 ft. 3 Application No. 06-218; 13000 Paramount Cour1/Green ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The existing home proposed for demolition is less than 50-years old and has not been identified as a cultural resource. PROJECT DISCUSSION Zoning Code Section 15-45.060(1) requires Design Review Approval by the Planning Commission for any new multi-story main structure. The applicant requests Design Review Approval to demolish atwo-story single-family residence and accessory structure and construct atwo-story residence with an attached two-car garage and carport. The maximum height of the residence is 25-feet. The floor area of the proposed first floor is 3,276 square- feet and the second floor is 1,886 square-feet. The applicant is proposing a contemporary style home with proposed materials consist of black slate roofing and a mix of exterior finishes including stucco, stone, and wood. The proposed color pallet is muted earth tones. The proposed structure is set back 34-feet from the front property line and is set at an angle, which reduces the visual impact of the building so that the building does not appear bulky or massive. The front entry is appropriately scaled and proportional. Utilization of varying window designs lends interest and architectural integrity to the structure. Rooflines from the first floor effectively break-up the mass and bulk of the second story. The two-car garage does not dominate the front facade; instead, it has been well designed to minimize visual impacts to Paramount Court. The garage is attached to the main residence; however, the entrance has been turned away from Paramount Court: The applicant is proposing a detached one-car carport. The carport will be fully enclosed on the north and south elevations and fully open on the east and west elevations. To soften the appearance of the carport the applicant is proposing a window in the south wall as well as decorative stonework. The proposed roofing and exterior materials will match the proposed home. Neighbor Correspondence The applicant has circulated the City's Neighbor Notification Form and has received three (3) responses (copies of the Forms are located in "Attachment 4"), none of which have expressed issues or concerns. Geotechnical Clearance Geotechnical Clearance is not required for this application. • 4 Application No. 06-218; 13000 Paramount Court/Green Trees The applicant is proposing to remove ten (10) trees, none of which are protected by the City's Municipal Code. There are six (6) protected trees on the subject site within proximity of the proposed construction site. They include: four (4) Coast Live Oaks, one (1) Mimosa, and one (1) Monterey Pine. In addition, the City's Arborist has identified eight (8) additional Coast Live Oaks, which have been encroached upon during construction of a retaining wall. Construction of the retaining wall and associated grading was conducted without benefit of permits. The Arborist has provided direction to the applicant to correct the current violation as well as providing appropriate conditions of approval for the proposed Design Review Application, which have been incorporated into the attached conditions of approval. A Tree Protection Bond in the amount of $32,820.00 shall be required to ensure that conditions of approval are met. General Plan Findings The proposed project is consistent with the General Plan including the following Goals and Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development The proposal, consisting of a single-family home with a maximum height of 25-feet, will not block the views of the surrounding hills from neighboring parcels, nor will it be visible from major streets. The new structure is proposed in the same general location as the existing residence. Land Use Element Policy S.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. The proposed square footage and height is comparable to the neighborhood. The existing neighborhood consists of a variety of architectural styles. The architectural style proposed will provide additional variety lending to a unique neighborhood with a distinct sense of place. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in MCS 15-45.080: (a) Avoid unreasonable interference with views and privacy. The maximum height of the proposed dwelling is 25-feet. The structure will be approximately 34-feet from Paramount Court, 130-feet from the rear property line, and ranging from 32-feet to 50-feet from the side-yard property lines. The proposed footprint is in essentially the same location as the existing footprint. The proposal will not unreasonably interfere with the views from Paramount Court or the privacy of abutting neighbors. 5 Application No. 06-218; 13000 Paramount Court/Green (b) Preserve Natural Landscape. The proposal will preserve the natural landscape. No protected trees are proposed for removal. In addition, grading will not be required and the proposed location of the new residence is in approximately the same location as the existing home; therefore, there will be minimal impact to the site. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of protected Native and/or Heritage Trees. In addition, the proposal, as conditioned, would not impact protected Native and/or Heritage Trees. (d) Minimize perception of excessive bulb The proposal incorporates .varying rooflines and exterior building materials to reduce the perception of excessive bulk. The applicant is proposing a neutral color pallet, consisting of beige and creams for the exterior building and window trim, black slate for the roof, and a dark green accent trim for the gutters and fascia, which will also reduce the perception of excessive bulk. In addition, the applicant is proposing greater set-backs than are required, which will also reduce the visual impact of the structure from the street and abutting neighbors' view sheds. (e) Compatible bulk and height. Residences in the area are predominately one and two-story. The proposal is compatible in bulk and height with the neighborhood. (fJ Current grading and erosion control methods. Since the building site is relatively flat and the proposed construction is in the general area of the existing residence, no grading is proposed. In addition, the proposal shall conform to the City's current grading and erosion control standards. (g) Design policies and techniques. The proposed project conforms to all of the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above and staff report. Conclusion Staff finds that all of the Design Review findings can be made in the affirmative and the proposal is consistent with the General Plan. STAFF RECOMMENDATION Staffs recommends the Planning Commission find this Application exempt from CEQA and approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: . 1. Resolution of Approval. 2. Applicant Response to Design Review Findings received May 22, 2006. , 6 Application No. 06-218; 13000 Paramount Court/Green 3. Affidavit of Mailing Notices. Public Hearing Notice, Mailing labels for project notification. 4. Neighbor Notification Letters. 5. Arborist Reports prepared by the City's arborist, dated March 8, 2006, and June 12, 2006. 6. Reduced Plans, Exhibit "A". • • 7 Attachment 1 RESOLUTION NO. Application No. 06-218 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Green: 13000 Paramount Court WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review Approval to demolish atwo-story single-family residence and accessory structure and construct atwo-story residence with an attached two-car garage and carport. The total floor area of the proposed residence will be approximately 5,715 square-feet, including the attached garage and carport. The maximum height of the proposed residence will not be higher than 25-feet. The net lot size is 36,873 square-feet and the site is zoned R-1-40,000; and WHEREAS, Zoning Code Section 15-45.060(1) requires Design Review Approval by the Planning Commission for any new multi-story main structure; 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 proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences; and 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 Goals and Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposal, consisting of a single-family home with a maximum height of 25-feet, will not block the views of the surrounding hills from neighboring parcels, nor will it be visible from major streets. The new structure is proposed in the same general location as the existing residence. Land Use Element Policy S.0 -The Ciry shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application .meets the Findings required for • Application No. 06-218; 13000 Paramount Court/Green Design Approval. The proposed square footage and height is comparable to the neighborhood. The existing neighborhood consists of a variety of architectural styles. The architectural style proposed will provide additional variety lending to a unique neighborhood with a distinct sense of place. WHEREAS, the applicant has met the burden of proof required to support the findings required for said application for Design Review Approval, as set forth below: (a) Avoid unreasonable interference with views and privacy. The maximum height of the proposed dwelling is 25-feet. The structure will be approximately 34-feet from Paramount Court, 130-feet from the rear property line, and ranging from 32-feet to 50-feet from .the side-yard property lines. The proposed footprint is in essentially the same location as the existing footprint. The proposal will not unreasonably interfere with the views from Paramount Court or the privacy of abutting neighbors. (b) Preserve Natural Landscape. The proposal will preserve the natural landscape. No protected trees are proposed for removal. In addition, grading will not be required and the proposed location of the new residence is in approximately the same location as the existing home; therefore, there will be minimal impact to the site. (c) Preserve Native and Heritage Trees. The proposal is not requesting removal of protected Native and/or Heritage Trees. In addition, the proposal, as conditioned,. would not impact protected Native and/or Heritage Trees. (d) Minimize perception of excessive bulb The proposal incorporates varying rooflines and exterior building materials to reduce the perception of excessive bulk. The applicant is proposing a neutral color pallet, consisting of beige and creams for the exterior building and window trim, black slate for the roof, and a dark green accent trim for the gutters and fascia, which will also reduce the perception of excessive bulk. In addition, the applicant is proposing greater set-backs than are required, which will also reduce the visual impact of the structure from the street and abutting neighbors' view sheds. (e) Compatible bulk and height Residences in the area are predominately one and two-story. The proposal is compatible in bulk and height with the neighborhood. (fl Current grading and erosion control methods. Since the building site is relatively flat and the proposed construction is in the general area of the existing residence, no grading is proposed. In addition, the proposal shall conform to the City's current grading and erosion control standards. • 2 Application No. 06-218; 13000 Paramount Court/Green (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 pnvacy and views as detailed in the findings above and staff report. Now, THEREFOr~, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the application, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, Application No. 06-218 for Design Review Approval, as conditioned, is hereby found exempt from CEQA and in compliance with the required findings set forth above, and based thereon is granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" date stamped May 22, 2006, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. 2. The project shall utilize materials illustrated on a materials board date stamped May 22, 2006. 3. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution and the arborist reports dated March 8, 2006, and June 12, 2006, as a separate plan page. b. The following note shall be included: "A maximum of one wood-burning fireplace is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burning." c. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans." 4. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. If all storm water • 3 Application No. 06-218; 13000 Paramount Court/Green cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 5. 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. 6. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. 7. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. 8. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 9. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 10. One complete set of Final Landscape plans incorporating this Resolution, the arborist reports dated March 8, 2006, and June 12, 2006, and a storm management plan as separate pages shall be submitted to the City's arborist at the same time plans are submitted to the Building Division for review and approval by the Arborist prior to issuance of building permits. 11. Staff shall not approve downgrading to the exterior appearance of the approved residence. Downgrades may include, but are not limited to, garage doors, architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 12. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500.00 surplus • 4 Application No. 06-218; 13000 Paramount Court/Green balance at all times. In the event that the balance is less than $500.00, all staffwork on the project shall cease until the balance is restored to a minimum $500.00. FIRE DISTRICT 13. Applicant shall comply with all Fire Department conditions. PUBLIC WORKS 14. Applicant shall obtain an encroachment permit for improvements in the City right- of-way prior to commencement of the work. ARBORIST REPORT 15. All recommendations in the azborist reports dated Mazch 8, 2006, and June 12, 2006, and incorporated herein by this reference shall be followed and incorporated into the plans. 16. Prior to issuance of Building Permits the applicant shall obtain a tree bond, or similaz funding mechanism as approved by the Community Development Director, in the amount of $32,820.00. CITY ATTORNEY 17. Owner and Applicant agree to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Sazatoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. ., Application No. 06-218; 13000 Paramount Court/Green PASSEn ANn ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of July 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rogers, Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property 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 • 6 • Attachment 2 • Design Review Findings 13000 Paramount Court The scope of work for this project is: to demo an existing SFR of 2327 SF and a shed and to build a custom home of 5,715.2 SF including an attached garage and carport. This project includes the removal of 10 trees; 2 fruit trees, 2 scrub oaks, 1 poducapus, 1 magnolia, 3 olive, 1 albizia. a) The lot is large and the building footprint conforms to setback requirements, with 32' on one side and 50' on the other to the side setback and 130' to the rear property line. The new building is also being placed largely where the existing home is. The new home will not significantly impair neighbofiood views. b) The natural landscape will be preserved in that the new home is being placed where the existing home is and natural landscaping will be preserved past the existing landscaped area. There is an 8% slope to the property outside the creek easement. c) There are over 70 trees on the property, of which 10 are slated for removal. An arborist report has been performed. One protected tree (#6) must be removed in order to adhere to Fire Access requirements which dictate the width of the driveway. It is possible that, in order to~retain Tree #6, Tree #4 & 5 could be transplanted elsewhere and the driveway moved to the right. This is based on , a verbal conversation between the Arborist and the Landscape Designer. Tree protection information has been added to the plans. d) The perception of excessive bulk has been minimized by giving the house two stories at the living area and one story at the garage and carport. The second story is well articulated, sitting back from the first story and the building is made interesting through use of stone and an entry porch element that is in proper scale to the rest of the house. The garage is turned sideways and the carport is pushed back to keep the building from overpowering the street. e) The neighbofiood consists of large lots having large 2 story homes with 2 to 4 car-size garages, averaging about 4117 SF. This home, although it may be the largest on the court, is still under FAR and lot coverage requirements. The 2 story element has been placed so as not to impact the neighbors' solar energy. f) Grading and erosion control methods will conform to City of Saratoga standards. g) The new structure has been designed to adhere to the City of Saratoga design policies as set forth in the Residential Design Handbook and applicable sections of the Ordinance. MAY 2 2 2006 CITY OF SARATOGA !'OMMUNITY DEVELOPMENT Attachment 3 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 19c1i .day of une , 2006, that I deposited 59 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 S00 feet of the property described as: APN: 503-81-005 - 13000 Paramount Court; that on said day there was regular communicationby United States Mail to the addresses shown above. ,(~G /~- 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 a public hearing on the item described below on: Wednesday, the 12th day of July 2006, at 7:00 p.m. The public hearing will be held at the Civic 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. The public hearing item is: APPLICATION/ADDRESS: #06-218 -13000 Paramount Court APPLICANT/OWNER: Hometec Architecture/Green APNs: 503-81-005 Description: The applicant requests Design Review Approval to demolish atwo-story single-family residence and accessory structure and construct atwo-story residence with an attached two-car garage and carport. The total floor area of the proposed residence will be approximately 5,715 square- feet including the attached garage and carport. The maximum height of the proposed residence will not be higher than 26-feet. The net lot size is 36,873 square-feet and the site is zoned R-1-40,000. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, July 3, 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 mate information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Therese M. Schmidt, AICP Associate Planner 408-868-1230 June 19, 2006 500' Ownership Listing Prepared for: 503-81-005 BRANDY W & DOUGLAS GREEN 13000 PARAMOUNT CT SARATOGA CA 95070-4210 503-18-009 503-18-069 503-18-109 MICHAEL & CATHERINE BULLOCK STEVEN L & ELIZABETH MOURNING B CARSON OR CURRENT RESIDENT OR CURRENT RESIDENT 3424 CRESCENT BEACH RD 12901 PIERCE RD 12929 PIERCE RD PORT ANGELES WA 98363-9736 SARATOGA CA 95070-3752 SARATOGA CA 95070-3752 503-81-001 WILBUR & KRISTINA PIERCE OR CURRENT RESIDENT 12936 PIERCE RD SARATOGA CA 95070-3739 503-81-004 ROHIT H VORA OR CURRENT RESIDENT 13015 PARAMOUNT CT SARATOGA CA 95070-4209 503-81-007 RAMESH KUNCHITHAM OR CURRENT RESIDENT 12960 PARAMOUNT CT SARATOGA CA 95070-4255 503-81-010 COBOURN 2004 OR CURRENT RESIDENT 12906 PIERCE RD SARATOGA CA 95070-3714 503-81-013 ERNEST SODERSTROM 12908 PIERCE RD SARATOGA CA 95070-3714 503-81-016 HEMRAJ K & LILA HINGARH OR CURRENT RESIDENT 12866 PIERCE RD SARATOGA CA 95070-3714 503-81-002 PARMAR TRUST 827 GENEVIEVE PL PLEASANTON CA 94566-6889 503-81-005 BRANDY W & DOUGLAS GREEN OR CURRENT RESIDENT 13000 PARAMOUNT CT SARATOGA CA 95070-4210 503-81-008 JONATHAN Y & WENDY LEI OR CURRENT RESIDENT 12930 PIERCE RD SARATOGA CA 95070-3714 503-81-011 KATHLEEN SODERSTROM OR CURRENT RESIDENT 12908 PIERCE RD SARATOGA CA 95070-3714 503-81-014 TRAGER TRUST OR CURRENT RESIDENT 12890 PIERCE RD SARATOGA CA 95070-3714 503-81-017 CHIA J & JUDY CHANG OR CURRENT RESIDENT 12856 PIERCE RD SARATOGA CA 95070-3714 503-81-003 CHAUCHAD TSAI OR CURRENT RESIDENT 12999 PARAMOUNT CT SARATOGA CA 95070-4256 503-81-006 RICHARD A & MARGARET VALENTINE OR CURRENT RESIDENT 12980 PARAMOUNT CT SARATOGA CA 95070-4255 503-81-009 ALI M MOHAMMADI 18968 BONNET WAY SARATOGA CA 95070-5217 503-81-012 JONG LEE OR CURRENT RESIDENT 12900 PIERCE RD SARATOGA CA 95070-3714 503-81-015 MOHAN V KALKUNTE OR CURRENT RESIDENT 12894 PIERCE RD SARATOGA CA 95070-3714 :7 503-81-021 RAYMOND A & KATHLEEN MEDVED OR CURRENT RESIDENT 12920 BRANDYWINE DR SARATOGA CA 95070-4219 503-81-022 503-81-023 503-81-024 VIVIAN M & ROBERT SNYDER KUEI-CHENG LIN SCOTT F PROWSE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 12940 BRANDYWINE DR 12950 BRANDYWINE DR 12960 BRANDYWINE DR SARATOGA CA 95070-4219 SARATOGA CA 95070-4219 SARATOGA CA 95070-4219 503-81-025 503-81-026 503-81-027 SANDRA M & RUSSELL ELLIS JUN PEI LIANG C & HWEI TSAI OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT BRANDYWINE DR 12980 BRANDYWINE DR 12991 BRANDYWINE DR TOGA CA 95070-4219 SARATOGA CA 95070-4219 SARATOGA CA 95070-4236 503-81-028 503-81-029 503-81-030 DOROTHY HOUGH FRANCIS W & AURORA YEUNG ALAN S & KAREN LEU OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 12981 BRANDYWINE DR 12971 BRANDYWINE DR 12961 BRANDYWINE DR SARATOGA CA 95070-4236 SARATOGA CA 95070-4236 SARATOGA CA 95070-4236 503-81-031 503-81-032 503-81-033 CHEI C YEH KENNETH & BONNIE KWONG PALLE V & JUDY NIMB OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 12951 BRANDYWINE DR 12941 BRANDYWINE CT 12931 BRANDYWINE CT SARATOGA CA 95070-4236 SARATOGA CA 95070-4231 SARATOGA CA 95070-4231 503-81-034 503-82-005 503-82-006 WILLIAM W & MACY IP HWA & SHIRLEY LUH KENNEDY 2005 OR CURRENT RESIDENT OR CURRENT RESIDENT 13180 PIERCE RD 12921 BRANDYWINE DR 18175 RODEO CREEK HOLW SARATOGA CA 95070-4212 SARATOGA CA 95070-4225 SARATOGA CA 95070-4270 503-82-008 503-82-009 503-82-010 CHII-REN & LAN-CHUN YOUNG JOHN R & BARBARA TOROK MON-REN CHENE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 13055 OAKWOOD CT 13037 OAKWOOD CT 13019 OAKWOOD CT TOGA CA 95070-4262 SARATOGA CA 95070-4262 SARATOGA CA 95070-4262 503-82-014 503-82-011 503-82-012 503-82-013 STEVEN H & JUDITH PUTHUFF MOUN-RONG & SHAO-WEN LIN SHOBHANA SHAH 13001 SARATOGA SUNNYVALE RD OR CURRENT RESIDENT OR CURRENT RESIDENT SARATOGA CA 95070-4228 13064 BRANDYWINE DR 13099 BRANDYWINE DR SARATOGA CA 95070-4237 SARATOGA CA 95070-4236 503-82-015 503-82-017 JOHN C & GAY ROPER 503-82-016 MONICA BANTTARI OR CURRENT RESIDENT S C V W D 526 JESSICA CT 13075 BRANDYWINE DR SARATOGA CA 95070 MOKELUMNE HILL CA 95245-9503 SARATOGA CA 95070-4236 503-82-018 503-82-019 503-82-020 SUSAN M VIEIRA ROBERT W & CATHLEEN METTE DEBASISH K ROY OR CURRENT RESIDENT OR CURRENT RESIDENT 960 SARATOGA AVE 209 13035 BRANDYWINE DR 13057 BRANDYWINE DR SAN JOSE CA 95129-3413 SARATOGA CA 95070-4236 SARATOGA CA 95070-4236 503-82-021 503-82-022 503-82-023 IAN-TAN L1U EMILY W & JOSEPH LASCOLA RICHARD MILLER OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 13048 APOLLO WAY 13032 APOLLO WAY 13020 APOLLO WAY SARATOGA CA 95070-4232 SARATOGA CA 95070-4232 SARATOGA CA 95070-4232 2-024 503-82-025 503-82-026 . IAM G & CONSTANCE RICHARD & CAROLYN CHARLES F & LINDA GOLDFARB GERANIOS WARMINGTON OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 13075 PARAMOUNT CT 13004 BRANDYWINE DR 13045 PARAMOUNT CT SARATOGA CA 95070-4209 SARATOGA CA 95070-4219 SARATOGA CA 95070-4209 503-82-029 503-82-030 503-82-031 CHIN-WEI & HENG-CHUN CHANG KENNETH A & LAURIE SHIMIZU MARINA M PANONTIN OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 13090 PARAMOUNT CT 13060 PARAMOUNT CT 13040 PARAMOUNT CT • SARATOGA CA 95070-4210 SARATOGA CA 95070-4210 SARATOGA CA 95070-4210 503-82-032 RAYMOND L & KAREN AZZI OR CURRENT RESIDENT 13020 PARAMOUNT CT SARATOGA CA 95070-4210 CITY OF SARATOGA ATTN: THERESE SCHMIDT 13777 FRUITVALE AVENUE SARATOGA CA 95070 • Attachment 4 April 15, 2006 Saratoga Planning Commission 13777 Fruitvale Avenue Saratoga, CA 95070 Application No. 06-218 -Design Review Application - 13000 Paramount Court -Green Dear Planning Commission, D ~~ ~ ~0~ qY,~~ coy o~TroF ZOp6 D M`j,`,~~E~T~9 As noted 111 your January 30, 20061etter `~ !, ~ as been performed. op'~~ The following letter is a written documentation of the adjacent property owner's comments on the proposed projects. Each adjacent neighbor was provided a package including a brief letter describing the purpose of the project, that we had cazefully reviewed all prior submittals on the property regazding prior concerns, the neighbor notification form and four pages of site and elevation plans. The following by neighbor aze the comments we received. Kathy Li -12999 Pazamount Court -directly across from project We were told that Kathy Li is the owner, however she lives in Taiwan. Her brother and family are renting the house. The package was delivered and discussed on March 4, 2006 with the brother and he stated that he could not commit to getting it to her. Since the brother is not the owner, he did not feel appropriate in completing the form. Richard & Mazgazet Valentine -12980 Paramount Court -Next door to project. The package was delivered on March S, 2006, we had a brief discussion and we received the letter of notification the next week.- No concerns were noted on the letter. The letter is attached. Ray and Karen Azzi - 13020 Paramount Court -Next door to project. The package was delivered on Mazch 18, 2006, during which we had a lengthy conversation regazding the project where many items were discussed. We understood they had two concerns; the first was that we maintain a fair amount of foliage along the adjoining side for privacy and second was the daytime location for our dogs. We agreed that we would maintain a certain amount of foliage or add trees along the property line and have asked our landscape azchitect to address this. We noted the proposed daytime location for the dogs. On Apri19, 2006, we had another brief conversation with Ray, asking about the letter, and he stated that he had been too busy and for us to go ahead and submit. • • • Page 2 Dorothy Hough -12981 Brandywine -back side north corner of project. The package was delivered on March 19, 2006, during which we had a brief conversation regarding the project. She expressed no concerns. We had afollow-up conversation and received the letter of notification shortly thereafter. The letter is attached. Joseph Tsai -12991 Brandywine -backside middle of project. The package was delivered on March 5, 2006, during which we had a brief conversation regarding the project. He stated that he would look the package over. The next week we received a phone call stating that he had some questions. On March 19, 2006, we met to discuss his questions, which were primarily related to the distance from the back property line of the new structure to his lot line and general interpretation of the proposed plans. He stated no other concerns at that meeting. We have not had any further correspondence from him. -Ryan Isaak and Elizabeth Keezer -13013 Brandywine -backside south corner of project. The package was delivered on March 4, 2006, during which we had a brief conversation where Ryan stated that they would look the document over. We followed up on March 19, 2006 to have another brief conversation regarding the distance from the neighbor's back property line to the new structure. Elizabeth stated that they had no concerns and provided us the notification letter. The letter is attached. If you have any questions, please call us at 408-741-5557. Sincerely yours, Doug & Brandy Green Cc: Hometec Architecture, Inc. • Doug & Brandy Green 13000 Paramount Court Saratoga, CA 95070 408-741-5557 Your Neighbor March 4, 2006 Dear Neighbor, ~~ The Green Family located at 13000 Paramount Court is submitting plans for the re-construction of their home. We have been your neighbors for over four years and our family is simply out growing our current old house. As part of any good project we would first like to notify you of this plan. Our goal is to start this project late in 2006 and complete it within a reasonable timeframe. Enclosed in this package are our proposed architectural plans for your information. The Saratoga Planning Commission, as part of the submittal process, suggests applicants to address the issues and concerns of their neighbors prior to any public hearing on the proposed project. A Neighbor Notification Form for Development Applications is enclosed and we are required to obtain your signature in completing our submission package. We would greatly appreciate your time in completing this form. For those of you who have been in the neighborhood for the over five years might recall the prior owner of this location submitting plans. When creating and building our plans, we have carefully reviewed and incorporated any issues and concerns from those previous plans and letters. We appreciate your time on our project. Additionally, if you have any questions, concerns, or issues please give us a call. Thank you, /~i'~--- Doug & Brandy Green ~, o' _c N E~ L ~ ~ ~ Q ~ ' 0 ~ ,~ c c e a c C ~~ ~~ ~ ~ ~° ~, a `fit I ~' _ ~ a 0 0 ~ ~ ~ V p o .o Z C O ~ - o ~~' E r tic m ~ ~ ~ ~ E ~ai ~ z z o 9 ~ _ o ~ ~ K _,a~ J ,• ~~~ ~ ~ ~s ~~ ~ ' M r ~ "'1 h ~ V > ~ ~ ~ ~j ~ v ~ 3 ~ . -b -~~ i • 1 ~ ~ ~ ~{ ,J I ~ 3 ii 4~ ~ _~ 1. • .S b ~ ,~ J ~`~ `t J ~ ~' ~ ~ ~~ _`` ~o ~ ~ ~ \ . ,.. 1..: ~... i ` ~ V V •~ L r- J ` ~I ~ ~ ~ ~~ .~ ~ • S ~ N ~ > .p . S ~ ~ Neighbor Notification Template for Development Applications Date: !~ PROJE T DRESS: (~C1~d P ~` S%~ , ~~ 4 ~~ Applicant Name: ~c.xa -b ~, l (~cl~ Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applicartions prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Sta,,~`'and the Planning Commission prefer that neighbors take this opportunity to express arty concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga LJMy signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. OMy signature below certifies the following: I have reviewed the project plans; I understand the sco of work• and I have issues or concerns, which after discussion with the applicant, have not been addressed My concerns are the following (please attach additional sheets if necessary): Neighbor Name: t ~~ Y` r' ~~~ /~ Neighbor Address: 1 ~~0 ~aa~Hf ~DL[~ ~QtZ2~ ~ ~ -1 ~' Neighbor Phone #: f~ ~~ ~~ ~- ~ .5~~ Signature: t Printed: Y' ~ t°. lit I~i• a~ a~e~~h~ City of Saratoga Planning Department = Neighbor Notification Template for _ Development Applications Date: b ~ PROJE T DRESS: (i~CYI'~ P[x('C~-~ta~- ~ ~..a~c,` ; ~;~- 4 ~~ Applicant Name: ~a -b ~,~7~ ~(~cl~ Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Sta,,~'and the Planning Commission prefer that neighbors take this opportunity to express arty concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. ®My signature below certifies the. following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which- need to be address by the applicant prior to the City's public hearing on-the proposed project. ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work: and I have issues or concerns, which after discussion with the applicant, have not been addressed My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: ~ .moo ?O- 13 Neighbor Phone #: Signature: • ~ ~~ Printed: ,Dora~i y /~ ~o~ q~t City o, f'Saratoga Planning Department Neighbor Not cation Template for - DevelopmentApplications Date: b ~ PROJE T DRESS: ( P ~ cZ ~' G~, , ~;~ Q ~~~ Applicant Name:_ ~~ -b ? ~ (~~ Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Stq~`'and the Planning Commission prefer that neighbors take this opportunity to express arty concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga x My signature below certifies the following: I have reviewed the project plans; I understand the scope of work: and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ~t~ ~My signature below certifies the following: I have reviewed the project plans; I understand the scope of work: and I have issues or concerns, which after discussion with the applicant, have not been addressed My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~(~,J ,~,fa~ /l_ ,' ~ /~ to ~ Neighbor Address: l ~ ~ ~ S lsi'T~%..~:.y~.~G ~r r. J r ~k- -<< '%:. < <; - ` J c ; : Neighbor Phone #: ~ ~ t: ` r ~ 0 . , - Signature: Printed: J ~ '` eY City of Saratoga Planning Department • • Attachment 5 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 13000 Paramount Court ARBORIST REPORT APN 503-81-005 Owner: Doug and Brandy Green Introduction Application #: 06-218 March 8, 2006 Prepazed by Kate Bear ISA Certified Arborist WE 2250A The property owners of 13000 Paramount Court have submitted plans to teaz down their existing home and build a new home on the property. The plans reviewed for this report include Sheets A-1 (Site Plan, dated 12/22/05 by Hometec Architecture, Inc.) and A-2 (Topographical Survey, dated 9/22/05 by K. W. Engineering, Inc.). In addition, an azborist report dated January 22, 2001 (by Barre D. Coate) was reviewed. Findings There are a total of 6 trees on this property that aze protected according to City Ordinance 15-50 and may be exposed to varying impacts during construction. Specific data for each tree is in the attached table at the end of this report. There aze many trees on Sheet A-2, the topographic survey, which do not exist on the property. recommend correcting the sheet to reflect this. Per City Ordinance 15-50.080, a bond amount of $10,300, which is equal to 100% of the total appraised value of the trees, has been set for this project. Appraisal values aze calculated according to the Guide for Plant Appraisal, 9`'` Edition, published by the International Society of Arboriculture (ISA), 2000. Design Requirements 1. This report shall be incorporated into the set of final building plans and be titled Sheet T-1 (Tree Protective Measures). Additionally the Site Plan should show the location of protective fencing as identified on the attached map. 2. Excavation to construct the new driveway must remain at least 10 feet from existing oak trees. In addition, no grade changes are to be made within the drip lines of the oaks along the driveway. Trenching for irrigation, lighting, drainage or any other aspect of the project must remain outside of the trees' canopies. If irrigation lines or electrical lines for lighting are designed inside drip lines of the trees' canopies, they can be placed on top of existing soil grade and covered with wood chips or other mulch. 3. Desi irri atio so th t gn g n a rt dces not spray trunks of trees. Page 1 of 2 • 4. Stones, mulch or other landscape features must be at least one foot from the trunks of retained trees and 6 inches from the trunks of new trees. 5. Tilling or stripping of the topsoil beneath the trees' canopies is not allowed, including for weed control. 6. Bender board or other edging material proposed beneath the trees' canopies should be established on top of existing soil grade (such as by using stakes). Tree Protection Measures 1. Tree protective fencing shall be installed as shown on the attached map and established prior to demolition or the amval of construction materials on site. It shall be comprised of six-foot high 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. 2. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 3. Any approved grading or trenching beneath the trees' canopies shall be manually performed using shovels. 4. Any pruning of trees on site must be performed under the supervision of an ISA Certified Arborist or ISA-Certified Tree Worker and according to ISA standards. 5. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath tree canopies or anywhere on site that allows drainage beneath tree canopies. Additionally, fuel shall not be stored nor shall any refueling or maintenance of equipment occur within 20 feet of the tree's trunks. 6. Herbicides shall not be applied beneath the tree canopies. Where used on site, they must be labeled for safe use near trees. Attachments: Tree Inventory Table Map Showing Tree Locations • Page 2 of 2 TREE NO. 1 2 3 4 5 6 TREE NAME Coast_._-- uercus a ' oli Coast live oak Monterey pine Pinus radiata Coast live oak Quercus agrifoli Coast live oak Quercus agrifoli Mimosa Albizzia iulibriss Totai Appraised Value Replacement Tree Values TREE INVENTORY TABLE °.,~ ~ o ° a ~ ^ a ~ ~ v v ~' a yy ~ e Q a ^ .~ ~a U q3 ~3 n a ~. .. F. .d a O .-. ~ ~ ., , ti ~ b ~ q 3 ° a ~ ~ a+ U m n a ~ w ~ v~ ~ o Q ~ %. ~ r~i V ~ Q .r, x ~ ~ ' ~/] V ~ ~ o 3,8 ~ 15 ~ 75 ~ 50 ~ Good I Moderate ~ 3 7 10 75 75 Good Moderate 3 16 25 75 50 Good Moderate 4 6 10 75 75 Good Hi 2 6 15 75 SO Good Hi 2 14 30 75 75 Good Hi 3 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 Should any tree listed above become damaged owner will be required to repair the damage. Should any tree listed above be removed owner will be required to replace that tree with trees equal in value to its assessed value. $10,300 • March 8, 2006 l . - ~ - _ I _ ~ - ~ $1,500 _ _ - $1,900 _ _ _ $1,400 _ _ - $1,100 - ~ - ~ - Address: 13000 Paramount Ct. • A D A ~0~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 Incorporated October 22,1956 March 14, 2006 Mr. and Mrs. Green 13000 Paramount Court Saratoga, CA 95070 Dear Mr. Green, RE: Permit application # 06-218 COUNCIL MEMBERS: Aileen Kao Kathleen King Norman Kline Nick Streit Ann Waltonsmith Enlcosed are my findings upon initial inspection of the trees on your property. Please have your architect include this report in their final set of building plans. If you have any questions, I-can be reached at (408) 868-1276. Sincerely, 1~~~~~ Kate Bear Arborist • ~~~~o~~~ MAY 2 2 2006 CITY OF SARATOGA COMMUNITY DEVELOPMENT ~. - PARAMOUNT DRIVE . C.L PARAMOUNT DRIVE ~ ~~ _ _ ~o . ~~ 1 ~.1' '~ Jy~. EDGE OF PAVEMEq(T ~~ S OD gZ~ i1 ~ 3 ~ •`•`.b ` `J ~t o m :rn~ • ~. ~ ~ ~f~4•' ~~N ~1 1 JJr '•-. !1 ANA ,,~~ \ ~~ ~i~ .a. ~ ~~ . ro ~ ~' ''C~ w e Y'e's- ~ ~ N I I -~ i~ ~ ~~ r 0 tR 1~ O ~9 ~ i 00'!pl •...92:88: __ l ~ ~. J ° °r ~%'1 S ~ ">~ ' r 1 I ~ -~" r 5 ~ I. c t~ ~ z l n f Cg 3 ~ _ .~--- ~~ ° ~ ~ "~ O ~, ~.. g '; ~ ~. - v+ ~ ~ ~ 6ZrrVN ~~'~f• 1* ~N~~ • ~'. ~ .- ~~I • ~'. • Community Development Department City of Saratoga 13777 Frufirale Avenue Saratoga, California 95070 13000 Paramount Court - 2 Application #: 06-218 ARBORIST REPORT June 12, 2006 APN 503-81-005 Prepared by Kate Bear Owner: Doug and Brandy Green ISA Certified Arborist WE 2250A SITE OBSERVATIONS AND TECHNICAL DISCUSSION On Apri14, 2006, I went to the property to inspect a wood retaining wall along the creek that impacts eight coast live oak trees. These oaks have been encroached upon with the retaining wail and soil has been piled up against their trunks. The soil fill must be completely removed within the drip lines of the canopies down to the root collars (where the trunk flares out at the base of the tree). The total appraised value of the eight oak trees is $22,520. Appraisal values are calculated according to the Guide for Plant Appraisal, 9`h Edition, published by the International Society of Arboriculture (ISA), 2000. A bond of $22,520 is recommended for the duration of the project on the coast live oaks impacted by the retaining wall. This bond will be in addition to the bond required for protected trees in the vicinity of the project. RECOMMENDATIONS 1. This report, as well as the arborist report dated-Marcy 8, 2006, shall be incorporated into the set of final building plans and be titled Sheet T-1 (Tree Protective Measures). Additionally the Site Plan should show the location of protective fencing as identified on the attached map. 2. Owner shall provide a bond in the amount of $32,820. This amount is equal to a bond of $10,300 for the trees in the vicinity of construction, and a bond for $22,520 for the oak trees impacted by the wood retaining wall at the creek. 3. Owner shall remove the wood retaining wall at the creek and clear all fill soil from around the eight protected coast live oak trees impacted by the wall and soil. This work shall be completed within one month of receiving permits from the City. Attachments: Tree Inventory Table Page 1 of 1 k ~.::,. } ~... r.. TREE INVENTORY TABLE ~. b II o u o o o .~ b y a Q+ rn ° v ~ ~ Z 3 V) ° y o U ~ a ~ y ~ ~' N w ¢ ~ o o ~ '~ ti o ~ a a Ii ~ a a~ °.3 a a ' ~ o ab0i o . ~ . ~. ~ ° ~ `^ ~ '3 a 0 b ¢ ~ ~ a U ~ 3 ~ 3 a ; ~ w y ~ ce ~ .b ° II ~ II ~ j ~' o ° ,~ ~ 3 ~ ~ TREE 'd ~v ~ ~ o ~ o ~ ~ '~ x I c .~ ~ ~ ~, NO. TREE NAME H ~ W ~ x ~ ~ o O v~ x v ~ ~ A Z a° a Coast live oak 9.5 1 Quercus a ri olia 8 15 50 50 Good Hi h 2 $2,490 Coast live oak 2 Quercus a ri olia 14 25 50 50 Good Hi h 2 $3,370 Coast live oak 3 Quercus a ri olia 9.5 25 50 50 Good Hi h 2 $1,580 Coast live oak 4 Quercus a ri olia 11 25 50 50 Good Hi h 2 $2,100 Coast live oak 5 Quercus a i olia 12.5 25 50 75 Good Hi h 2 $2,020 Coast live oak 6 Quercus a i olia 13.5 30 50 75 Good Hi 2 $5,900 Coast live oak 7 uercus a i olia 14.5 50 50 75 Good Hi h 2 $4,0 Coast live oak 8 Quercus a ri olia 5, 4 10 50 25 Good Hi 2 $990 .Total Appraised Value Replacement Tree Values 15 gallon = $150 24 inch box = $500 3b inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 Should any tree listed above become damaged owner will be required to repair the damage. Should any tree listed above be removed owner will be required to replace that tree with trees equal in value to its assessed value. $22,520 • Address: 13000 Paramount Ct June 12, 2006 • • Attachment 6 • Design Review Findings 13000 Paramount Court The scope of work for this project is: to demo an existing SFR of 2327 SF and a shed and to build a custom home of 5,715.2 SF including an attached garage and carport. This project includes the removal of 10 trees; 2 fruit trees, 2 scrub oaks, 1 poducapus, 1 magnolia, 3 olive, 1 albizia. a) The lot is large and the building footprint conforms to setback requirements, with 32' on one side and 50' on the other to the side setback and 130' to the rear property line. The new building is also being placed largely where the existing home is. The new home will not significantly impair neighborhood views. b) The natural landscape will be preserved in that the new home is being placed where the existing home is and natural landscaping will be preserved past the existing landscaped area. There is an 8% slope to the property outside the creek easement. c) There are over 70 trees on the property, of which 10 are stated for removal. An arborist report has been performed. One protected tree (#6) must be removed in order to adhere to Fire Access requirements which dictate the width of the driveway. It is possible that, in order to retain Tree #6, Tree #4 & 5 could be transplanted elsewhere and the driveway moved to the right. This is based on a verbal conversation between the Arborist and the Landscape Designer. Tree protection information has been added to the plans. d) The perception of excessive bulk has been minimized by giving the house two stories at the living area and one story at the garage and carport. The second story is well articulated, sitting back from the first story and the building is made interesting through use of stone and an entry porch element that is in proper scale to the rest of the house. The garage is turned sideways and the carport is pushed back to keep the building from overpowering the street. e) The neighborhood consists of large lots having large 2 story homes with 2 to 4 car-size garages, averaging about 4117 SF. This home, although it may be the largest on the court, is still under FAR and lot coverage requirements. The 2 story element has been placed so as not to impact the neighbors' solar energy. f) Grading and erosion control methods will conform to City of Saratoga standards. g) The new structure has been designed to adhere to the City of Saratoga design policies as set forth in the Residential Design Handbook and applicable sections of the Ordinance. 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