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HomeMy WebLinkAbout07-25-2006 Planning Commission PacketCITY OF SARATOGA PLANNING COMMISSION • SITE VISIT AGENDA DATE: Tuesday, July 25, 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 #06-419 Planet Juice 14410 Big Basin Way . 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 26, 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 Draft Minutes from Regular Planning Commission Meeting of July 12, 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 20, 2006. REPORT OF APPEAL RIGHTS: If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the, City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR: - None PUBLIC HEARINGS: All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. APPLICATION #06-419 (517-09-043, 517-09-018, 517-09-044) Planet Juice (tenant)/Hiekali (property owner) - 14410 Big Basin Way; The applicant requests a Conditional Use Permit to establish a juice shop in an existing approximately 960 square foot vacant tenant space in the newly remodeled Corinthian Corners commercial complex. The juice shop will face Saratoga-Los Gatos Road, and will be located between the existing Starbucks Coffee Shop and Breakaway Bicycle Shop. The site is zoned CH-1. 2. Zoning Text Amendment -The City of Saratoga Community Development Department is proposing text changes in Chapter 15 Zoning Regulations chapter of the City Code. The purpose of the text changes is to improve clarity and maintain consistency among the various sections in Chapter 15, and provide consistent use of terms as used in other chapters of the City Code. DIRECTORS ITEM: - None COMMISSION ITEMS: - None COMMUNICATIONS: - None ADJOURNMENT TO NEXT MEETING: Wednesday, August 9, 2006 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda:, I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on July 20, 2006 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us If you would .like to receive the Agenda's via a-mail, please send your a-mail address to planning(7a,saratoga.ca.us s 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 Paan 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 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 i 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. • 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. Page 2 _ Saratoga Planning Commission Minutes for June 28, 2006 Page 3 • 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 storaq~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 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. Chair Rodgers said that the good work of Sub-Acute is appreciated. The City wants to help them not. harass them. 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 s but that there is a rocess re wired for a temporary Planner Therese Schmidt replied ye p q 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. is could be solved with the return of the container that had Mr. Mike Zarcone suggested that th 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 1St 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, 2006 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 to 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 thaf 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 staff's 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 hospital is not safe. Mr. Mike Zarcone said that aone-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 (517-22-1001 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 to 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 tot. 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. Commissioner Hunter said that she does not support it 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 Na pal said that she would like to be able to reach an approval for this 9 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 m 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. • 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 #ogether 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 15-1.2.160 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 for. 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? Commissioner Hlava said that outright not allowed is the idea. She said that five days should ~ be for the maximum number of days per year. This is practical and the better way to do this. Chair Rodgers opened the Public Hearing for Agenda Item No. 4. 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 hair Rod ers asked Mr. Victor Polouska if he could ossibl screen his boat from view. C g P Y 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 Ovviesny: • 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 Cit Attorne Jonathan Wittwer re lied no. He advised that the City has a Resolution that Y Y p 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 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. 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. 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. City Attorney Jonathan Wittwer advised that this item is scheduled for Council on July 17tH 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 r~ • • • • MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, July 12, 2006 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Rodgers called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Hlava, Kundtz, Nagpal and Rodgers Absent: Commissioners Cappello, Hunter and Zhao Staff: Director John Livingstone, Associate Planner Lata Vasudevan, Planner Sweta Bhatt and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of June 28, 2006. Consideration of the minutes of the Regular Meeting of June 28, 2006, was continued to the next meeting at which a quorum of the Commission is in attendance eligible to vote on these minutes. Commissioner Kundtz needed to abstain from participation, as he was absent from the June 28th meeting leaving just three Commissioners and no quorum. ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 6, 2006. REPORT OF APPEAL RIGHTS Director John Livingstone announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050(b). CONSENT CALENDAR .There were no Consent Calendar Items. -- Saratoga Planning Commission Minutes for July 12, 2006 Page 2 *** PUBLIC HEARING -ITEM NO. 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 was continued to this agenda from the June 28, 2006, public hearing.) City Attorney Jonathan Wittwer presented the staff report as follows: • Reminded that following a public hearing at the last meeting on June 28, 2006, this item was continued to this meeting. • Explained that a revised Ordinance has been prepared that included additions and clean up. • Added that a supplemental staff report has been provided and that copies of said report are available in the lobby for members of the public. • Stated that based upon public testimony from the last meeting, the Ordinance has been further revised to establish two types of limits in prohibited areas, front yards and other areas visible to the public including side yards on corner lots. • Said that for many years the existing Code had a five consecutive day limitation. As originally written, after those five days are up, that item cannot be returned to the property period. • Said that realistically people bring their boat and/or recreational vehicle to their property to prepare for use and to clean up following use. -This typically occurs for each trip and/or use. • • • Said that a storage day limitation total per calendar year is proposed at two weeks. • Added that the Ordinance includes two examples on how this would be applied. In one example, if both a boat and recreational vehicle were stored on the property concurrently, the calendar days used up would be counted concurrently. However, if a boat or recreational vehicle are brought to the property on separate occasions and are not on the premises concurrently, the days are counted separately. • Said that the intention of this Ordinance is to manage visible areas in which certain types of personal property are not to be stored. • Explained that personal property can be screened from public view and/or a Temporary Storage Permit could be obtained through the Community Development Director. A Temporary. Storage Permit would allow up to two eeks u'thout any public notification. Beyond that amount of time, a notification t~~y owners within 150 feet would be sent. In those cases, there would be a 10-day delay t -an-appeal-period-for any permit issued. ' • Said that the existing Ordinance is being .clarified. Inconcise language had been interpreted in the past. This update helps to quantify what represents a "reasonable time" for storage of personal property in public view. • Added that the other changes proposed are technical matters and to ensure that there is no confusion with other Codes. Mention of storage of trash, garbage and refuse has been ' Saratoga Planning Commission Minutes for July 12, 2006 Page 3 eliminated since that is covered in another part of the Code. Under that Code, garbage containers can be placed in public view no more than one day before collection and must be removed within one day of collection. • Said that enforcement remedies are outlined in this upda#ed Code. • Explained that enforcement includes .infractions and public nuisance actions. Penalties include $100 for a first offense, $200 for a second offense within the same year and $500 for the third offense. Each violation is a separate offense. • Added that the City normally enforces by use of infraction penalties. The next level of enforcement is through the Public Nuisance process at which time a Notice of Intent to Abate is issued that allows the City itself to abate a nuisance if the property owner does not reach compliance. When notice is received, a property owner has the right to ap eal '' and have a hearing. w5u,~. G ~,~'~ i~- • Said that the limit of time for a Temporary Storage Permit is~+l~rtwo weeks. There is a prohibition of such storage on a vacant parcel or in the public right-of-way. A limitation is also being established for temporary storage of construction materials for a project not requiring a permit. That limit is proposed at 30 days. • Said that a draft resolution has been prepared to forward a recommendation to Council. On that draft there are two typographical errors that need to be corrected. The fourth WHEREAS statement needs the word "of' added. The NOW, THEREFORE statement . needs to have the word "is" replaced with the word "be" amended. Commissioner Hlava asked about impacts on activities such as leaving things out for the Goodwill to pick up or with a note offering that item for free to any interested passerby. Commissioner Kundtz asked how the fining system has been used to date, particularly in the last two years. City Attorney Jonathan Wittwer said between 20 and 30 times. Commissioner Kundtz said that this is revenue for the City. However, he asked if it is within the authority of the Planning Commission to recommend that fines not be imposed but ra#her to move immediately to the Notice of Removal process. City Attorney Jonathan Wittwer replied yes. Commissioner Nagpal asked if this is for storage in all open areas. City Attorney Jonathan Wittwer said it refers to prohibited areas. Commissioner Nagpal asked about screening. City Attorney Jonathan Wittwer said that screening couldn't be installed within the front yard setback. Screening can be used in side yard setbacks. Commissioner Nagpal asked about Temporary Storage Permits. City Attorney Jonathan Wittwer said that one could be issued for atwo-week time frame. Saratoga Planning Commission Minutes for July 12, 2006 Page 4 Commissioner Na al asked how often such a permit could be re-issued. 9p City Attorney Jonathan Wittwer said that has not yet been established. Chair Rodgers questioned how days would be counted when only a portion of a day of storage might occur. City Attorney Jonathan Wittwer said that any partial day when the item is on site is counted against the total allowed per year no matter what time of day the item arrives on site. Chair Rodgers suggested that a week be spelled out as seven days. City Attorney Jonathan Wittwer agreed. Chair Rodgers added that instead of saying two weeks, it would be clearer to use 14 days. City Attorney Jonathan Wittwer said he was fine with that change to 14 days. Chair Rodgers asked if screening allowed includes tarps and/or tents. City Attorney Jonathan Wittwer replied no, just fencing as is currently in the Code. Commissioner Nagpal asked for clarification that storage in the front setback would not be allowed even if the item has a screening fence. City Attorney Jonathan Wittwer said correct Director John Livingstone reminded that there is athree-and-a-half-foot fence height limitation within the front setback area, which would be inadequate to properly screen these stored items. The height for allowable fencing beyond that setback is six feet. City Attorney Jonathan Wittwer added that items could be stored beyond the required setback area without any screening required. Commissioner Nagpal made the point that this update to the Code is not the result of any complaint but rather is intending to clarify an existing Ordinance. City Attorney Jonathan Wittwer said yes. Chair Rodgers opened the Public Hearing for Agenda Item No. 1. Mr. Earl Johns: • Explained that he has been a Saratoga resident since 1972. • Added that he has enjoyed having a recreational vehicle since 1980, which is parked beside his house in his side yard. • Provided a photograph of his RV. Saratoga Planning Commission Minutes for July 12, 2006 Page 5 • Reported- that this RV is for his traveling pleasure and also can serve as an emergency escape vehicle in case of a catastrophic event such as an earthquake. • Stated that his RV could sustain both he and his wife for three or more days in the event of a substantial earthquake. There are emergency cooking facilities in the RV. • Added that if this RV were stored across town, he would lose that benefit. • Stated that the Ordinance as written says that only homes on corner lots can utilize side yards for storage. • Pointed out that his interior lot is 87 feet wide. • Recommended that the Ordinance be amended to allow storage in the side yard fora non- - corner lot. Commissioner Nagpal asked staff if the photograph provided by Mr. Earl Johns depicts an RV that is considered to be properly screened or is it improperly stored. City Attorney Jonathan Wittwer explained that an interior parcel's side yard is not covered by this Ordinance. If Mr. Johns' storage were on an exterior corner side yard, this existing storage would not meet the Code due to its visibility. Commissioner Nagpal said it appears that a taller fence would be needed to screen. Commissioner Hlava pointed out that it would take between an eight and 10-foot tall fence to sufficiently screen recreational vehicles. Mr. Earl Johns cautioned that the usual height of an RV is about 10.5 feet. Commissioner Hlava asked staff to verify that Mr. Johns' RV storage is considered legal because it is not on a corner lot but rather is an interior lot. Chair Rodgers said that it appears to be the understanding that this would be considered legal under the Code. City Attorney Jonathan Wittwer said that Mr. Johns' storage of his RV is not prohibited as depicted in his photograph. Mr. Dave Ball: • Expressed concern that he has seen different wording on several copies of the Ordinance, three in total, and has a problem with some wording. • Asked for clarification about a collector vehicle, such as a 57 Chevy, and if it has to be driven daily. City Attorney Jonathan Wittwer explained that the Code used to require tha# a vehicle be driven regularly but now that vehicle must simply be capable of being driven. Mr. Dave Ball questioned the ability to parka 12-foot high RV on an interior lot side yard especially if that RV were visible from the neighbor's kitchen. He reiterated his question about collector cars... Saratoga Planning Commission Minutes for July 12; 2006 Page 6 Chair Rodgers clarified that cars must be registered and able to be driven. Mr. Dave Ball asked about trailers and what is counted. He said that the City is trying to fix a failed Ordinance. Commissioner Kundtz clarified that the Commission is looking at a third generation draft tonight. The- Commission will address any questions raised. by the public during its deliberations. The Commission will not leave loose ends on this. Mr. Chris Ducote: • Said that he does not own an RV or boat but believes that any legally licensed vehicle can be parked on the street as long as it is moved every 72 hours., • Suggested that these recreational vehicles should instead be allowed to be parked on private property. • Said that he has less of an opinion when it comes to boats but feels that there should be no time limitation set for parking cars or recreational vehicles at a home: Commissioner Nagpal asked Mr. Chris Ducote if he does not feel that there is more of a visual impact from an RV as opposed to a car in front of a house. Mr. Chris .Ducote said that he drove around the community and saw over 800 recreational vehicles parked in front of homes. He felt there was no visual impact. in Sarato a he drove. Chair Rodgers asked Mr. Chris Ducote where g Mr. Chris Ducote replied around West Valley, in the EI Rancho area and other areas. Chair Rodgers asked Mr. Chris Ducote if the recreational vehicles he saw on his tour were screened. Mr. Chris Ducote replied no. Ms. Carol Walker: • Described a neighboring property that has three boats, four trailers, two cars, ,and two trucks. • Added that that particular property only had two adults living there. • Said that another neighbor has a similar number of items including three trucks and a car. Commissioner Hlava sought clarification from Ms. Carol Walker as to whether she is objecting to these items stored on these properties or is okay with it. Ms. Carol Walker said she objects. Mr. Ron Pasqualini: • Said that he has submitted a letter to the Commission this evening. • Suggested that if the City adopts this more restrictive Code, it should be applied to all property owners and not just to those properties for which a compliant is issued. Saratoga Planning Commission Minutes for July 12, 2006 Page 7 • Stressed the importance of allocating sufficient manpower to enforce this Code, • Added that it is important to adopt Codes that reflect the will of the majority of residents. • Suggested that people who constantly complain about a variety of issues should be ignored. The community should not allow itself to be intimidated by a small number of residents. Mr. Harry Carlson: • Described himself as a 44-year resident of Saratoga. • Said that a clarified definition of a recreational vehicle is needed. • Questioned if an SUV with a ski rack is counted as a recreational vehicle. • Stated that these recreational vehicles allow elderly retirees to travel. in a leisurely manner. • Explained that now that he is retired, he is not in a hurry. • Said that when he brings his RV out of storage it takes him about two weeks to put.that RV back into business for his travels. After the trip is done, it takes time to unload. • Reported that his long-term storage site for his RV is located in Gilroy. It takes all day to go there to pick it up or take it back. • Stated that. the provisions of this Code puts a serious restriction on the use of his RV and represents an unfair penalty on "retired elderly slow people." • Said that this restriction is the result of a few people who object to the sight of an RV versus the hundreds of residents who own and use recreational vehicles. Mr. John Cantlen: • Said he is a 42-year resident. • Said that he supports the spirit of the basic Ordinance because junk in front yards causes a devaluation of property. • Stated that he is not sure that 14 days per year is enough time but agrees that #ull-time storage in front of a residence devalues properties. • Said that there needs to be a difference between tough limits and no limits since the cost of off-site storage can be high. • Pointed out that recreational vehicles can be parked on the street for up to 72 hours at a time, which is troubling. • Reiterated his belief that permanent storage on a residential property is a no-no but that occasional parking is okay. Mr. Simon Eual: • Asked the Commission to look into the audience at the "sea of -blue shirts." • Explained that people who are pro RV and boats were asked to wear blue as a show of support. • Said that the proposed amended Code is unworkable and out of touch. • Suggested that more time is needed to make an informed decision. • Pointed out that the City of Sunnyvale Planning Department provided a detailed analysis #o its Planning Commission on this issue and suggested that Saratoga staff should do the same. • Stated that the City appears to be responding to the complaints of a few and that he wants to know the number and types of complaints received on this issue. Saratoga Planning Commission Minutes for July 12, 2006 Page 8 Expressed the need for a thorough analysis of existing recreational vehicles and boats and suggested that there are not enough off-site storage spaces available to store all of them. Said that he wants to know what other cities allow. Questioned whether a covered car is allowed under this Code and really what is the difference between a covered car and a covered boat. Mr. Ed Vincent: • Said that he spoke at the last meeting. • Thanked the City Attorney for his efforts. • Urged the Commission to go forward with this Code as amended to Council. Mr. Matt Doyle: • Advised that he supports the revised Ordinance's wording. • Stated that if someone owns an RV or boat, that owner has the responsibility to properly store it. • Described an informal survey he did of 94 homes. From that number of homes, he found four had boats and four had recreational vehicles. Three out of four of the boats and three out of four of the recreational vehicles are already in compliance with this Code for a total of six of eight in compliance. • Added that he was surprised by the unique methods used to screen these from view. Only two were not in compliance. • Suggested that a boat on a trailer in front of a house represents a child safety hazard. • Reported that he had placed his house on the market on two occasions. A trailer and boat are stored in front of an adjacent property. While friends were able to sell their homes quickly because they did not have such on-site storage nearby, he said that he believes that the storage of that boat by his neighbor was the reason he was unsuccessful in selling his home at a market-rate price: He only received low offers. Mr. Brad Anderson: • Said that he has concerns. • Cited a case that went to the Supreme Court that resulted in saying that cities cannot compel people to get rid of personal property. He left his documentation on this case with the City Attorney. • Said that it is important that people be given a warning before being imposed with a fine, as they may not know about storage requirements. • Stated that Saratoga has a unique character. Ms. Anna Polonsky: • Advised that she is a .musician who will leave for Vienna tomorrow to teach at an international piano camp, among teachers from eight countries. • Said that she has been in the United States for 16 years, first in Dayton, Ohio. • Stated that she is proud of this country and would like to continue to be proud. It is a country where there is a sense of democracy and ability for people to be themselves. • Explained that she moved to Saratoga a year ago. • Reported that from day one, there have been constant complaints issued from her neighbor over her piano students. She added that she only has nine students per week. Saratoga Planning-Commission Minutes for July 12, 2006 Page 9 • Added that her husband of 33 years is a passionate fisherman who owns a boat. It was his dream to have a boat and to be able to go fishing often. • Informed that she does many recitals in senior homes. • Added that although her neighbor has lived in this neighborhood for 40 years, as a one- . year neighbor she too has the same rights as that neighbor. In the US everything is just. • Asked that the Code not be enforced only according to complaints by neighbors. Commissioner Kundtz asked Ms. Anna Polonsky where her boat is kept. Ms. Anna Polonsky replied in her front yard. Mr. Viktor Polonsky: • Described himself as the husband of that "passionate woman" who just spoke. • Asked the Commission to consider the well-being of Saratoga residents and carefully weigh the pros and cons of this Ordinance. • Suggested it would be beneficial to obtain data:on how many residents are happy versus unhappy with this decision. • Stated that the majority of residents own boats and/or recreational vehicles or if not they don't mind that their neighbor do. He added that most are tolerant neighbors. Saratoga is not a good place because of its buildings but because of the good quality of its residents. • Recounted how his wife's family was sent to Siberia in the 1930s. They didn't know why at the time. Years later, they learned that it had happened based on something that had been written about them by someone else. • Supported allowing on-site storage as long as the items are clean, licensed and not abusive to the eye. • Suggested making a simple rule, such as the size of driveway. If it can support the storage and be kept clean, it should be allowed. • Urged that the rules adopted be applied equally to all and not just against people against. whom a complaint is made: It must apply to everyone or don't create the rule at all. Mr. John Correia: • Said that he is a 20-year boat and RV owner and anine-year resident of Saratoga. • Said that he stores on the side of his driveway. • Stated that he is not sure what the front yard setback. is and how far back onto the property one must go so that screening is not required. • Asked about the impacts of homeowner association rules as opposed to the provisions of this Ordinance. • Reminded that there is not a large availability of storage. in Saratoga and said that two weeks per year is not realistic. • Recounted that regular maintenance of boats and recreational vehicles is required. • Pointed out that boat owners are more responsible and courteous and take care of their property. • Said that properly stored, the visual impact of a boat on a property is a beautiful sight. • Urged the Commission not to react to a few complaints but rather to be logical and do a proper report and study. Saratoga Planning Commission Minutes for July 12, 2006 Page 10 Chair Rogers advised the City does not enforce homeowner's association rules. This Ordinance is for all of Saratoga while HOA's are independent. She asked Mr. John Correia what time limitation might be more realistic instead of two weeks. Mr. John Correia: • Described the many aspects of boat maintenance from charging batteries, cleaning the boat out and regular maintenance. • Joked that the two happiest times in a man's life is when they buy and sell a boat. • Stated that boat ownership is a lifestyle, a hobby, and he uses his boat every weekend. Chair Rodgers asked Mr. John Correia what he considers to be proper storage. Mr. John Correia said that he has a large circular driveway lined with Cypress trees. He parks his boat alongside these Cypress trees. His boat is 25-feet back from the cul de sac and is covered. Commissioner Kundtz asked Mr. John Correia what remedy there might be for an improperly stored boat or RV. Mr. John Correia said that being on the road is improperly stored. He said proper storage is if it is on private property, kept as best as it can be kept, not obstructing the public sidewalk and/or street and kept covered. Ms. Che I Owiesn rY Y • Said that she has been married for 11 years to a man from Ohio. She was born in Los Altos. • Said that she and her husband were given a canoe as a wedding gift. • Identified her property as the one mentioned by another speaker this evening with the four trucks, etc. • Said that the important times for using their boats include Memorial weekend, Labor Day h holiday, the beginning of crab season, the beginning of salmon season, weekend, July 4 Fleet Week, to name a few. • Discounted the impacts of boat and RV storage on real estate values. • Reported that she has bought and sold two homes in the last couple of years. • Reminded that MLS listings include features such as available boat and RV storage and was an important factor in selecting her home here in Saratoga. • Said that boating is her family's hobby. • Said that with gas at $3 per gallon and storage typically a distance away, there are time and money impacts with off-site storage. • Said that there is no real difference between a covered car and a covered boat. She has no problem with it. • Advised that her boat is shorter than her neighbor's car. • Reminded that there is not enough open space available and it should .not be wasted for the storage of boats and trailers. Mr. Glen Crow: Saratoga Planning Commission Minutes fior July 12, 2006 Page 11 • Said that he is a 22-year resident and is wearing blue tonight simply as a coincidence rather than to make any sort of statement. • Said that he has two neighbors with motor homes for the last four years or so. These families also have small children and he and other neighbors are concerned about visibility as it relates to child safety when driving in the immediate area of these motor homes when parked on the street although now they are on the driveway. • Reiterated that he worries about visibility. • Said that renters living down the street have someone living in a motor home on the property and that is not what motor homes are for. • Agreed that recreation is great. Mr. Paul Batista: • Stated that Hitler showed us a lesson. We don't want to be like him. • Added that since 9/11 lots of rights have been taken away. • Asked that they be allowed to have their recreational vehicles and fun with their own kids and grandchildren. Ms. Charlotte Wong: • Said that she does not have an RV or boat but has some thoughts on the subject. • Explained that the definition of nuisance is that you are unable to enjoy your property. • Said that many people have been heard. • Stated that parking an RV or boat on a property is okay and she has no objection. • Said that the purpose of government and law is to support the greatest happiness for the greatest number of people and should not be too restrictive. • Described the book On Liberty as stating that liberty should not be restricted unless it causes harm or injury to other people. If not, leave them alone and let people govern themselves. • Opined that sometimes the harder you work on something like this Ordinance, the less you achieve. Chair Rodgers asked Ms. Charlotte Wong what her background is as she appears to be very knowledgeable on sociological issues. Ms. Charlotte Wong explained that she has her PhD in Sociology and her law degree.. She is licensed in two states and with the federal courts. Ms. Chris Correia: • Said that two of Saratoga's largest groups, retired and young families are being impacted here. They are the ones that use these vehicles the most. • Said that working families need down time. Her husband works hard for long hours each week. • Added that her family camps and fishes. • Pointed out that retirees saved for their recreational vehicles and they are not inexpensive. • Said that these regulations make enjoying an RV or boat more difficult and stressful. • Pointed out that it is expensive to live in Saratoga. Saratoga Planning Commission Minutes for July 12, 2006 Page 12 • Disagreed with the nuisance factor saying that a brand new boat or RV is less of a nuisance than any old beat up cars that leak oil or cats running around all over the place. • Said that this is delving into personal preference here. • Said that if it is an eyesore, that's one thing. If it is clean and not blocking the street, that's another thing. • Said that too much attention is being paid to a few complainers who will always find something to complain about. Mr. Jim Todd: • Advised that he has an RV. • Recounted that several years ago San Jose was writing a law about getting rid of recreational vehicles on the street and in yards. However, there are 6,000 RV's in San Jose and only 120 places that were rentable to place them. • Reiterated that there are not enough places available to store all the RV's and boats. • Added that going as far out as Los Banos is not very rational. • Asked if the City can answer the question of how many RV's there are in the City versus places to store them. • Said that he is retired and a $100 per month storage fee is important to him. • Stated that there must be available parking for RV's before they can be thrown out of front yards. Chair Rodgers asked Mr. Jim Todd if he is questioning whether there are enough spaces off- site in Saratoga or in the general area. Mr. Jim Todd replied in the general area. He added that some of these storage facilities are not particularly attractive places. Chair Rodgers asked Mr. Jim Todd if he has space on his property that is beyond the front setback. Mr. Jim Todd said that his side yard is eight-feet wide and his RV is eight-feet, six-inches wide. That is not an option for parking his RV. Commissioner Kundtz asked if a complaint has been lodged against Mr. Jim Todd about where his RV exists. Mr. Jim Todd informed that prior to buying his RV he sampled his neighbors who all said it was no problem. He moves it around on the street. One neighbor does not want it parked in front of his house. He said he likes to keep it at home so he can attend to maintenance. Chair Rodgers closed the Public Hearing for Agenda Item No. 1. Chair Rodgers explained to the audience that the Commission is trying to work out details of the Ordinance that will then go to Council for adoption. The Commission will discuss the questions raised tonight." Saratoga Planning Commission Minutes for July 12, 2006 Page 13 City Attorney Jonathan Wittwer: • Clarified several points raised by the public as follows: o While a vehicle can have an inoperable permit issued by DMV, any vehicles stored in the front setback must be operational .and capable of being driven. o The types of trailers included in this Ordinance are all types with no exceptions. o Agreed that a definition of recreational vehicle needs to be developed. -Both recreational vehicle and motor home is used in the current Code and he is not sure what the difference might be. o Said that staff can elaborate on what constitutes a front yard setback. o Said that screening must consist of solid fencing that blocks the item being screened from public. view. o The issue of HOA rules versus City Code is that HOA's are completely independent and private. The Codes govern what the City enforces. Director John Livingstone said that Council would look at this Ordinance at is July 19tH meeting. They will ,also discuss the issue of people living in recreational vehicles on residential properties. City Attorney Jonathan Wittwer said that the issue of living in an RV is not part of the Zoning Code but rather is handled in another part of the Municipal~Code. Commissioner Hlava: • Reported that a friend told her that Sunnyvale recently sent out a huge survey to its residents. One issue that came back as important to residents was the large number of RV's and boats. • Reminded that the Ordinance under discussion tonight is the same that has been in effect for over 30 years at least. The City is simply trying to make it easier to enforce. • Said that allowing 72 hours of parking on the street for an RV doesn't seem right. City Attorney Jonathan Wittwer explained that there is a complete restriction on the parking of commercial vehicles of a certain size on the public street, over 20-feet in length and over 8- feet in height. Whether an RV is considered to be a commercial vehicle. would need to be determined. Commissioner Hlava pointed out that several canopies or tents are being used and asked if this is counted as screening and legal. City Attorney Jonathan Wittwer replied that under the current Ordinance the screening has to be by means of a fence. However, the Commission could change that if it so wishes. Commissioner Hlava: • Said that it doesn't seem as if 14 days per year is adequate or quite enough. • Stated that allowing an RV on a property for a few days to load and/or unload has not been a problem. Neither has parking in either a side or rear yard. • Asked staff to define permanent storage. • Said she is not sure how hard this Ordinance might be to enforce but pointed out that it is -also complaint driven. Saratoga Planning Commission Minutes for July 12, 2006 • Supported the issuance of a warning before imposing a fine. City Attorney Jonathan Wittwer explained that with the Code Enforcement process, the property owner is always contacted first, provided with regulations and given an opportunity to cure the problem. • Commissioner Nagpal: • Said that she has listened to the comments. • Pointed out that the sides were more evenly split at the first hearing than tonight. • Reminded that Council would look at this issue on July 19tH • Said that .enforcement will be uniform and this amendment is about clarifying what is already there. • Pointed out that the Commission spends a lot of time doing Design Review of homes. It is important that the visible impacts of boat and RV storage are minimized. • Said that there needs to be flexibility to implement this so that it is reasonable. • Reminded that beyond the front setback, storage is okay. If stored on a side yard, screening is required. She said that she would like to see this screening include trees and/or shrubs. • Outlined several options for storage from permanent placement on site as outlined or temporary placement to allow preparation of a boat and/or RV for use by an owner. • Listed issues to be discussed further including screening, a definition of recreational vehicles, describing the allowed time as 14 days versus two weeks, enforcement and placement of recycling and Goodwill type donations. City Attorney Jonathan Wittwer said that recycling is outlined in the Garbage Ordinance. Commissioner Nagpal suggested defining an allowable vehicle size and enforcement and fine standards. Commissioner Kundtz: • Said that this is a remarkable process. Twenty speakers have been heard tonight. • Advised that while he was not in attendance at the last meeting he did watch it. • Pointed out that not one, person who spoke tonight has yet been fined. • Said that this update expands the number of allowable days from the current five and actually liberalizes the existing Code. • Stated that for some it might be cheaper to pay a fine. than to go to Gilroy or Fremont to store a boat or RV. • Stated that at the end of the day only true behavior problems will be subject to enforcement. City Attorney Jonathan Wittwer clarified his earlier response to indicate that only between 20 and 30 Code cases have gone to Court. Commissioner Kundtz asked how many fines have been imposed. Page 14 r~ ~~ City Attorney Jonathan Wittwer replied either zero or one. Saratoga Planning Commission Minutes for July 12, 2006 Page 15 Commissioner Hlava suggested that City Attorney Jonathan Wittwer explain to Council that a definition of what an RV is needs to be included. Commissioner Nagpal asked if this Commission has the opportunity to amend the draft Ordinance here tonight. City Attorney Jonathan Wittwer said that the Commission could recommend changes to Council. Commissioner Hlava said that as far as the screening issue, any fence needs to meet the City's Fence Ordinance. However; she is also okay with using shrubs to screen. She suggested a maximum of 21 days per calendar year. Chair Rodgers asked if the issue is screening or completely hiding the item. City Attorney Jonathan Wittwer suggested that the Commission instruct him to revise the language so that the item does not have to be completely screened or hidden from view. Chair Rodgers: • Stated her agreement with the comments made by the other Commissioners. • Said that people look to Saratoga for a gracious place to live without a lot of vehicles in the front yard that are visible from the street or in a side yard that is not screened from public view. • Stressed the importance to accommodate seniors. • Said that there are enough protections for both sides of this issue. including both long-term and short-term storage. Owners need to look into off-premise storage for RV's and boats if they cannot be accommodated on their properties full time as required. • Reported that she did not see 800 homes with RV's and boats when she drove around Saratoga. • Said that a recommendation can be forwarded #o Council that offers flexibility in implementation, setback requirements adequately addressed, allowance for evergreen screening as an alternative to fencing, provisions for a temporary permit and a definition of recreational. vehicle as well as motor vehicle. • Expressed concern about the number of days allowed on the street. • Said that the enforcement recommendations seem reasonable and said that acomplaint- driven system is the only way it can be. If neighbors are fine, there is no reason to enforce. Commissioner Hlava said that she does not want to see 10-foot fences. However, wi#h a six- foot fence about four-feet of an RV would still be visible. Using evergreens for screening is a . good idea, as they can grow tall enough to completely obscure the parked RV or boat. Commissioner Kundtz said that he is okay with asix-foot fence and has difficulty envisioning where greenery would come in. Saratoga Planning Commission Minutes for July 12, 2006 Page 16 Commissioner Hlava said that if the storage occurs on the side yard landscaping could assist with screening. Commissioner Nagpal agrees that this gives another option and that she too is okay with a six-foot high fence. Chair Rodgers said that this represents four votes for screening. She said further discussion is needed on the definition of an RV and the total number of days allowed. Commissioner Kundtz suggested allowing on-site storage for a total of five percent of the year, which equals 18 days. He said he could support six consecutive days. Chair Rodgers said she supports a maximum of five consecutive days with a total of 18 days per year. Commissioner Nagpal asked how long anon-temporary permit is good for. City Attorney Jonathan Wittwer said that it is a Use Permit that is ongoing. Commissioner Hlava asked if that would come to the Planning Commission. Director John Livingstone replied that it would indeed come to the Planning Commission for consideration of a Conditional Use Permit. Chair Rodgers clarified that the Community Development Director has the authority to grant a temporary storage permit for 14 days. Commissioner Nagpal reminded of the issue of vehicle size. Chair Rodgers, said that defining a recreational vehicle might well include size but feels that details could be left up to the drafter. Commissioner Kundtz agreed that this could be a part of the definition. City Attorney Jonathan Wittwer: • Clarified that Section D will read that the Community Development Director is authorized to grant an extension up to 14 days unless there is a noticed process -for more permanent storage. • Framed the motion for the Commission in which it is recommending that Council adopt a Resolution approving the third amended draft of the Storage of Personal Property and Materials Ordinance with the following modifications: o Section B will allow five consecutive days and 18 days per calendar year; o Section C will allow a screening fence or evergreen screening at least six-feet in height; o Section D authorizes the Community Development Director to grant a Temporary Storage Permit in excess of 18 days per year. o Language reading an additional two weeks becomes 14 days. o Include a definition of recreational vehicle. Saratoga Planning Commission Minutes for July 12, 2006 Page 17 Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission adopted a Resolution recommending that Council approve an update to Ordinance Section 15-12.160 of the Saratoga Code (Application #06-411) relating to Storage of Personal. Property and Materials with modifications as outlined by the City Attorney above, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers NOES: None ABSENT: Cappello, Hunter and Zhao ABSTAIN: None *** PUBLIC HEARING -ITEM N0.2 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 by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-45.060. (Sweta Bhatt) Planner Sweta Bhatt presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to construct a new single family dwelling on a vacant lot. • Explained that this project is Categorically Exempt under CEQA. • Described the home as consisting of 6,077 square feet with a tower entrance and terraces at the front and rear. It is a single-story home that is five-and-a-half feet below the maximum allowed height. • Reported that no neighbor comments in opposition have been received although some neighbors requested tree screening specifically on the northwest and southeast property lines. The applicant has agreed to #hat request. • Said that 18 trees are proposed for removal. Two Oaks are in good condition and the Arborist is recommending replacement trees. • Said that the findings can be made. • Distributed the color board. • Said that this home is rustic and well articulated. It was thorough and well executed. • Recommended approval. Commissioner Hlava asked if the addition of trees needs to become a part of the motion or are they already in the plan. Planner Sweta Bhatt said that they are already in the plan. Chair Rodgers opened the Public Hearing for Agenda I#em No. 2. Saratoga Planning Commission Minutes for July 12, 2006 Page 18 Mr. Gary Kohlsat, Project Architect: • Provided an updated color rendering. • Said that the design is fairly rustic looking. It is low key and has a country feel. No white trim is used but rather darker, more muted and blended colors are proposed that go well with the natural environment. • -Said that they have met with the neighbors. Two neighbors requested extra tree screening. They have complied with that request and have shown their amended plans to those neighbors. • Explained that they are trying to plant these trees early in the process so they can begin to become established. The neighbors have agreed to water the young trees until the site is fully developed. • Said that this home consists of a single-story. It is lower and not too visible from the street or from the neighbors' homes. • Assured that neighbor privacy was respected while this house still holds its own in this neighborhood of large homes. • Explained that a 3,000 square foot house would not look right in this neighborhood. • Reported that passive solar features would be incorporated and high quality materials used. They are exceeding State Code as it relates to energy efficiency. They have gone above and beyond design standards. • Stated that he is proud to present this proposal to the Planning Commission tonight. Chair Rodgers closed the Public Hearing for Agenda Item No. 2. Commissioner Nagpal said that this is a wonderful street and it is nice to see a house being built on this lot. Commissioner Kundtz said that this is a great project and neighborhood. Chair Rodgers stressed the importance of following the Arborist's recommendations. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission adopted a Resolution granting Design Review Approval (Application #06-311) to allow the construction of a new single-family dwelling on property located at 16150 Cuvilly Way, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers NOES: None ABSENT: Cappello, Hunter and Zhao ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 3 Sunset Drive: The a licant re uests APPLICATION #04-359 (510-26-001) BYRD, 19930 pp q Design Review Approval to construct a new single-family dwelling on a currently vacant lot. Saratoga Planning Commission Minutes for July 12, 2006 Page 19 The dwelling will consist of approximately 5,574 square feet, in addition to an approximately 5,181 square foot basement and a 728 square foot 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 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) Associate Planner Lata Vasudevan presented the staff report as follows:. • Advised that the applicant is seeking Design Review Approval to allow a new residence. • Explained that this property is currently in County jurisdiction but is proposed for annexation into Saratoga. This Design Review Approval would be contingent on final annexation. • Said that the property is pre-zoned HR (Hillside Residential). On June 7th, Council adopted a Resolution initiating annexation of this property. The final hearing on annexation will occur in the future. • Described the architectural style as Santa Barbara. The basement is day lighted to the west. Code allows a basement to be a daylight basement to one side. • Reported that this applicant is seeking a 10 percent coverage bonus and will record a deed restriction for the detached second unit as a BMR (below market rate) unit. • Said that neighbor input has been received including several comment letters from the owners to the south. Those letters were attached to the report. • Added that the Byrd's attorney has prepared an itemized response. • Said that copies of all letters have been provided as well as additional 11 x 17 drawings. • Said that to exceed grading beyond the 1,000 cubic yards allowed in the Hillside Residential zoning district, the .Planning Commission would have to make findings to support it. Staff has drafted a condition requiring that 1,000 cubic yards or less be cut, excluding the basement excavation. • Said that an Arborist would monitor the trees on site during construction. One tree is proposed for removal and another for relocation. • Said that allowed fencing is limited in the Hillside district and that the existing chain link and barbed wire fencing on this property will be removed. • Said that the findings can be made that, this. home conforms to policies and is compatible with the neighborhood. Privacy impacts are minimized. • Said that the project is Categorically Exempt under CEQA. • Stated that this home is replacing a previous residence that existed on the site but has since been demolished. • Reported that a Biologist's review has occurred and the determination was made that there would be no impacts to Wildcat Creek. • Recommended approval with the addition of a condition for a Storm Water Management Plan. Chair Rodgers opened the Public Hearing for Agenda Item No. 3. Mr. Bill Mastin, Project Architect: • Distributed a color rendering to the Commission. Saratoga Planning Commission Minutes for July 12, 2006 Page 20 • Thanked the Commission for its site visit. • Said that they have worked with Planning staff, the site and the neighbors. • Outlined neighbor concerns as conforming to construction hours and limiting construction parking on the roadway. • Said that substantial grading has been proposed around the garage to minimize the impacts of this garage on the Gibersons. • Said that the closest point between this new house and the Giberson house is 87 feet. • Said that the overall design took into consideration the trees and neighbor concerns. • Endorsed the staff recommendations as written including the requirement for a Storm Water Management Plan. Chair Rodgers said that while it may be 87 feet to the Giberson house what is the distance to their yard. Mr. Bill Mastin replied 35 feet. Chair Rodgers asked about wood burning fireplaces. Mr. Bill Mastin said that they are both gas and wood burning. Chair Rodgers explained that City Ordinance would limit them to just one wood-burning fireplace. Mr. Bill Mastin said they would comply with that restriction. Mr. Alan Giberson: • Said that they have several concerns. • Said that-there are 85 feet between the proposed house and his home. • Advised that he would be .glad to be annexed into Saratoga. Ms. Meg Giberson: • Explained that they are the closest neighbors to the project while other neighbors are about 330 feet away. • Advised that they welcome the Byrds as neighbors. • Said that there is a 35-foot setback on her property, which is a side, yard and that meets Saratoga requirements. • Reported that there have been conflicting grading allowance numbers and that proposed export amounts are considerable, which will result in a IoY of truck traffic. • Said that there is also an air impact. • Added that there are problems with runoff that have not yet been addressed. • Suggested that project approval be withheld until the approval of a Storm Water Runoff Plan. • Said that the project results in privacy, solar and screening impacts. • Advised that she did not find anywhere in the Saratoga Code where there is an exemption for basement grading against the total grading allowed. • Said that approval should be withheld until the confusion over grading is resolved. Saratoga Planning Commission Minutes for July 12, 2006 Page 21 • Listed concerns as grading, setbacks, runoff drainage and overflow that runs onto their property and will impact Wildcat Creek. • Asked for an added condition that would prohibit any night lighting of any sports court on this property. • Asked that trucks be forced to shut off their engines when on site. Commissioner Nagpal asked staff to clarify the .basement excavation issue. City Attorney Jonathan Wittwer explained that the UBC (Uniform Building Code) includes grading provisions that exclude counting basement excavation. Commissioner Nagpal clarified that a residence is exempt under CEQA. City Attorney Jonathan Wittwer said unless something has been determined to be an impact. A Biologist's Report was prepared and determined that there is no substantial impact on Wildcat Creek with this project. Commissioner Nagpal asked if the Storm Water Management Plan would result in water being managed on site. Planner Lata Vasudevan replied correct. That is a standard requirement. Chair Rodgers asked if the Gibersons might be concerned about water crossing over an easement area. Ms. Meg Giberson asked the City Attorney to provide the cite from the UBC that refers to an exemption of basement excavation. City Attorney Jonathan Wittwer said that it is in the California Building Code, Chapter 33, Section 3306.2. The City has adopted that provision by reference. Ms. Meg Giberson said that this provision is after construction but this is only in the Design Review stage right now. Commissioner Kundtz asked Ms. Meg Giberson to elaborate on the privacy issues. Ms. Meg Giberson said it relates to setback. Commissioner Kundtz asked if Ms. Giberson is objecting to proximity as opposed to visual impacts. Ms. Meg Giberson said she would have less of a concern if the 60-foot setback standard were met. Commissioner Nagpal reported that the setback is 50 feet. Saratoga Planning Commission Minutes for July 12, 2006 Page 22 Ms. Meg Giberson disagreed saying that this is a vacant lot so the required setback is 60 feet. Mr. Alan Giberson said that the 60-foot setback should be met as this is a 240-foot deep vacant lot. Rotating the garage would satisfy that. Ms. Jolie Houston, Attorney for the Byrds: • Reiterated that the Biologist Report on the stream impacts verifies that there are no impacts. • Added that there is no other evidence to support anything that prevents this project from being treated as Categorically Exempt under CEQA. • Explained that runoff would be addressed. • Said that the existing road and driveway would be used to access the site. • Assured that this project would retain water on site. • Said that the issue of noise from trucks is not one that is covered under CEQA review but rather by a Noise Ordinance. • Corrected that this is not a vacant lot. Therefore, it comes under the guidelines that allow a 50-foot setback. • Said that the basement definition allows an exemption from grading. • Advised that the garage cannot be rotated due to the need to preserve a grove of Redwood trees. Ms. Jitka Cymbal, Civil Engineer for Project: • Clarified that there is just one set of grading and drainage numbers for this project. ` Stated that raising the house a few inches and reducing the grading of the back yard could reduce the project grading required. • Said that drainage is handled three ways. Roof runoff will be directed into a dissipater and discharged into the landscaping. There will be a bio swale. Additionally, a 200- foot long dissipater will lead into the bio swale and allow for percolation. • Pointed out that the previous residence on this property had no provision for storm water retention at all. This project will be much better than what existed previously. • Assured that they would be looking at the geotechnical report to address any concerns. • Reiterated that they are trying not to concentrate water but rather percolate on site. Mr. Lester Sachs: • Said that he owns a property across the street on Sunset. • Said that he has reviewed the plans and his primary concern was the possibility of a second access to this lot from Sunset. • Added that other concerns are primarily construction impacts such as the location of the temporary construction trailer, the location of the portable toilet and that trade parking be on site rather than on the street. Additionally, there is the question of street repairs after construction. • Stated that he would like to see the deed restriction on the second dwelling unit before it is recorded. • Said that he has lived in Saratoga for 40 years. Saratoga Planning Commission Minutes for July 12, 2006 Page 23 • Advised that the Project Architect has offered to have the centerline of Sunset marked. • Explained that he has seen the plans and thinks this looks like a beautiful home. • Welcomed Mr. and Mrs. Byrd to the neighborhood. Mr. Doug Ralston: • Said he lives next door to Mr. Sachs. • Said that this proposed home is not visible from his property. • Advised that the Byrds have accommodated neighbor requests. • Stated that he is okay with this project. Mr. Bill Mastin, Project Architect: • Explained that they have given their best effort in cooperating with the neighbors. • Said that letters of endorsement from five other neighbors have been provided. • Stressed that they have gone to great lengths to meet the Gibersons' concerns and met with them three times. • Said that they will mitigate any privacy concerns. • Stated that they look forward to approval and that he is available for any questions from the Commission. • Reported that Mr. Giberson verbally endorsed the suggested raising of the garage level by six inches a few minutes ago. Chair Rodgers closed the Public Hearing for Agenda Item No. 3. Commissioner Nagpal asked staff to clarify for the Commission the issue between a 50 and 60-foot setback. City Attorney Jonathan Wittwer: • Said that a 60-foot setback requirement is for vacant lots and lots created after May 15, 1992. • Stated that staff has made the determination that this is not a vacant lot but rather a developed lot with a demolished structure. The conclusion was that the 50-foot setback standard was appropriate here. Commissioner Kundtz said that-this site shows respect for the Gibersons' sensibilities. The applicant has made a great effort to accommodate them. It is not reasonable to ask the Byrds to do more. He recommended approval. Chair Rodgers asked Commissioner Kundtz if he is okay with the 50-foot setback. Commissioner Kundtz replied that he was. Commissioner Nagpal concurred. She added that this is a sensitive and beautiful design. With the Storm Water Management Plan and the meeting of the maximum grading allowance, she can support this project. Saratoga Planning Commission Minutes for July 12, 2006 Page 24 Commissioner Hlava said she has no problem making the required findings. She is okay with the grading and finds this proposed house to be beautiful. Chair Rodgers agreed with staff on the findings but cautioned that the grading limit of a maximum 1,000 cubic yards of cut must be met. Director John Livingstone suggested that since we don't have the grading plan tonight the motion should include a statement that the grading must be reduced by raising the garage area by an additional six inches and leave the rest of the grading plan to be worked out between the applicant and staff Planner Lata Vasudevan clarified that not just the garage area but also the whole house would need to be raised by six inches. City Attorney Jonathan Wittwer said that it is preferable to use the Resolution on Condition No. 2 to have the applicant work with the Director on the grading. Chair Rodgers asked about amending Finding F. City Attorney Jonathan Wittwer suggested adding the words "as conditioned" to the end of that finding. Chair Rodgers said that Condition 10 would be the required Storm Water Management Plan and reminded that the chain link fencing removal is also important. Commissioner Nagpal asked about the issue of tree screening. Planner Lata Vasudevan said that three trees proposed are not evergreen and the neighbors prefer that evergreen trees be used. Chair Rodgers asked if the secondary access originally considered to Sunset has been removed from the plan. Mr. Bill Mastin, Project Architect, said that the parking spaces of concern to Mr. Sachs were on a previous submittal and has been removed. Chair Rodgers said that the setback appears to be sufficient. She said that this is a beautiful design that steps down the hill and is consistent with the Hillside District. Mr. Lester Sachs said that the parking on Sunset is still depicted but that Architect Bill Mastin has assured him that this parking along Sunset would be removed. Chair Rodgers suggested that Condition 11 be added to read that no perpendicular parking for this project would be included on Sunset. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission adopted a Resolution granting Design Review Saratoga Planning Commission Minutes for July 12, 2006 Page 25 Approval (Application #04-359) to construct a new single-family dwelling on property located at 19930 Sunset Drive (currently in County jurisdiction. but pending annexation into City of Saratoga), with the following changes: • Adding the text, "as conditioned," to the end of Finding F as well as to one of the Whereas clauses on the Resolution; • Adding Condition No. 11 to require the preparation of a Storm .Water Management Plan; • Adding Condition No. 12 that removes any perpendicular parking along Sunset; • Increasing the height by six inches to reduce the site grading required; • Conditioning that the landscaping screening for the Gibersons be evergreen; by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers NOES: None ABSENT: Cappello, Hunter and Zhao ABSTAIN: None *** PUBLIC HEARING -ITEM NO.4 APPLICATION #06-404 (517-09-043, 517-09-018, 517-09-044) Comerica Bank - (tenant)/Hiekali (property owner) - 14410 Biq Basin Way: The applicant requests a Conditional Use Permit to establish a financial. institution (bank) wi#h 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 and the site is zoned CH-1. (Therese Schmidt) Chair Rodgers advised that the applicant has withdrawn this item. *** PUBLIC HEARING -ITEM NO. 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) ton resented the staff re ort as follows: Director John Livings e p p Saratoga Planning Commission Minutes for July 12, 2006 Page 26 • Advised that the applicant is seeking Design Review Approval to allow the demolition of an existing two-story single-family residence and the construction of a new two-story single- family residence with two-car garage and carport. The new home would consist of 5,715 square feet and the maximum height would not exceed 26 feet. • Provided a color rendering to the Commission. • Recommended approval. Chair Rodgers opened the Public Hearing for Agenda Item No. 5. Mr. Rich Hartman, Project Architect, ARTECH: • Said that his client has lived on this property for four years now. • Said that the neighbor most impacted is located to the south.. Therefore, this new home would be only one-story on the southern portion. • Said that the setback from this house to the home to the south is 32 feet to the carport and 78 feet to the second-story wall. They stayed as far away from the southern property line as possible to protect that neighbor's privacy. Additionally there is an existing 20-foot wide landscape area in place to which additional landscaping would be added. • Reported that this is not a fenced in property. However, a good neighbor fence could be added in the future, if necessary, if additional privacy is desired by the neighbors to the south. Commissioner Nagpal pointed out that one letter received mentions the addition of Redwood trees. Ms. Brandy Green, Applicant and Property Owner, said that when presenting their plans to neighbors they also went over screening and added some trees. They are not opposed to additional trees. Director John Livingstone suggested being clear by conditioning two 24-inch box Redwood trees. Mr. Ray Azzi: • Assured that he is the owner of neither an RV nor boat. • Said that he appreciates the efforts made by the Greens to preserve. his privacy. • Said he appreciates the design of this house and is supportive of not installing fencing between the properties. He prefers to maintain privacy purely through the use of landscaping. • Added that he prefers Redwoods and worked with the Greens on a final landscape plan. • Suggested that the installation of these trees be executed early, either prior to or early in the construction process.. • Requested that construction vehicles not use his driveway for turnarounds as it causes damage. • Asked that if any dog run is proposed that it be located toward the other end of the property. ,. :M Saratoga Planning Commission Minutes for July 12, 2006 Page 27 • Said he has nothing else to say. • Reiterated that the Greens have been very accommodating and he thanks them for that. Mr. Rich Hartman, Project Architect, pointed to the last page of the landscape plan and suggested an area where one or two Redwood trees could be added to fill in an existing 9ap• Chair Rodgers closed the Public Hearing for Agenda Item No. 5. Chair Rodgers asked how preventing the use of the neighbor's driveway to turn around could be enforced. Director John Livingstone suggested that the applicant would have to work with his contractor and subcontractors to avoid that action. Commissioner Kundtz asked about the timing to plant the new trees. Director John Livingstone suggested that this planting be required prior to issuance of building permits. There should. be two 24-inch box Redwood trees installed at the southern property line. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission adopted a Resolution granting Design Review Approval (Application #06-218) to allow the demolition of an existing residence and construction of a new single-family residence on property ,located at 13000 Paramount Court, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers NOES: None ABSENT: Cappello, Hunter and Zhao ABSTAIN: None *** DIRECTOR'S ITEMS City Attorney Jonathan Wittwer: • Distributed. material on the issue of ex parte communications. • Explained that the Commissioners have the discretion to decide whether or not to meet individually with applicants. • Stated that possible steps for the Commission could be to develop a specific policy to prohibit and/or to allow ex parte communications. • Advised that if a Commissioner. does have ex parte communications on a matter under- consideration by the Commission, that Commissioner should disclose the fact f that, communication to the other Commissioners at the public hearing.„. ~' Q • Stated that it is better to try to limit such ex arte communication. p ,. '- Saratoga Planning Commission Minutes for July 12, 2006 Page 28 • Suggested that the Commissioners look at this material, think about it and let him know what their individual thoughts are on the subject. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, Chair Rodgers adjourned the meeting at 11:40 p.m. to the next Regular Planning .Commission meeting of July 26, 2006, at 7:OO p.m. , MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk t • u b Item 1 • • REPORT TO THE PLANNING COMMISSION Application No./Location: 06-419; 14410 Big Basin Way, Bldg. B (Area 1 -Corinthian Corners) Type of Application: Conditional Use Permit Applicant/Owner: Planet Juice (tenant) / Hiekali (owner) Staff Planner: Shweta Bhatt, Assistant Planner/r, f(, ~~ Meeting Date: July 26, 2006 J /? APN: 517-09-018, 043 & 044 Department Head:O~~ /jt John F. Livingston AICP cF c ~~+`x~ er ~ Subject APN: ~ '~ ~s ~ r%,w~a ,~y ~ eRpO ~ 517-09-18, 517-09-043, a 1 Y~'r---a4%'-~ ~ 517.09-044 ~"' 0p b' Address: v ti ~ n°• 1Yi ~A134~,y !c6~~~r~.~~ ~, ~~ ~;F~ , 14410 Big Basin Way '~. vca. z ;: 1 ~'o"~~ ~° ~ 5@Q'Radius M~ ~ i,1A31 l~G HET • z`~~ . qr$ ~ '? SGy ~ ~ T /i' o° _ V __ ~' rid!-'~.~° •+ sY°.+°6Y ~ l~`fi t `t~». ~~v C ~,~, ,,, ~ ~••. ~- if y 1. ~ +~ \`' +~yd _~` d' O - 61G BASE' : 5~ * '• •h., ~ n •u * ' • ..., ~ i.fn, 0 O ~ [a ~, c y f .,~ s k i i ' ~ - g1 B ~;'J ~ " a i a a ; r ~`s ~.~ ..o . .r F ' ~~• ~ ~ e STREET ; _ ytld { ~ C ... un° G ~ s~ _~ r n. id e ~ gsF r ~ ~ a €~ °~----- -~e- a .~ -~aq a" i~+~. @ ,aK .~~ n ~ ~ ~ _ • c ~ ~ ••_._.~-- -- 14410 Big Basin Way, Planet Juice EXECUTIVE SUNIMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing- completed: Posting completed: PROJECT DESCRIPTION 06/12/06 06/29/06 07/12/06 07/03/06 07/20/06 The applicant is requesting a Conditional Use Permit to establish a juice shop within a 960 square foot tenant space in the newly remodeled Corinthian Corners Commercial complex near the intersection of Big Basin Way and Saratoga-Los Gatos Road. The juice shop will face Saratoga-Los Gatos Road and will be situated between the existing Starbucks Coffee and Breakaway Bike Shop. The site is zoned CH-1. STAFF RECOMIVIENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. • • CUP 06-419; 14410 Big Basin Way; Planet Juice 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: 960 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 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: The applicant does not propose any changes to the exterior of the property. Signage is proposed with this application. • CUP 06-419; 14410 Big Basin Way; Planet Juice PROJECT DISCUSSION Site Description and Project Summary The applicant is proposing to establish a juice shop in a currently vacant tenant space between Starbucks Coffee Shop and Breakaway Bike Shop. The space in located in the newly remodeled Corinthian Corners commercial complex, in close proximity to the intersection of Big Basin Way and Saratoga-Los Gatos Road. The 960 square foot tenant space faces Saratoga-Los Gatos Road. The proposed floor plan includes both interior and exterior seating areas, with 6 seats located inside and 4 tables each with 2 seats outside, for a total of 14 seats. The outside seating area is currently utilized by customers of Starbucks Coffee shop. Photographs of this area are attached to this staff report. The applicant has obtained written permission from the property owner to occupy this area for patrons of the juice shop. As this area will be dedicated to Planet Juice customers, the Starbucks Coffee shop outdoor seating area will be reduced. The juice shop will have 8 employees. Requirements for a Conditionally Permitted Use The proposed juice shop is classified as a restaurant pursuant to the City Code. Establishing and operating a restaurant in any of Saratoga's commercial zoning districts requires the issuance of a Conditional Use Permit from the Planning Commission. This process acknowledges that this use may be permitted if findings can be made, and allows the Planning Commission to impose conditions to ensure that a project is compatible with surrounding land uses and in compliance with applicable City regulations. The granting of a Conditional Use Permit shall be based on the findings stated in City Code Article 15-55. A discussion of these findings is provided in this staffreport. Correspondence, Comments and Neighbor Review Staff has received one written comment from the public at the time of composing this staff report. The comment cites concerns regarding traffic circulation and public safety as cause to deny the proposed use permit. The text of the email (dated July 12, 2006) has been attached to this staff report. In efforts to address the concerns stated in the correspondence, staff has consulted the traffic study completed for an adjacent tenant in the same building, Starbucks Coffee shop. According to the memorandum dated July 20, 2005 (attached to this staff report), Starbucks Coffee shops "do not generate a substantial amount of new traffic in the area they serve." Based on this, it maybe concluded that the traffic generated by Planet Juice may be negligible, particularly given that the anticipated peak hours for Planet Juice are between 9:00 am - 11:00 am and 2:00 pm - 4:00 pm, which are different than that for Starbucks .Coffee shop. Given this, traffic generated by the two restaurants maybe dispersed over the course of any given day. The applicant has corresponded with adjacent business owners regarding the proposed use. That correspondence, which is in favor the proposed use, is also attached to this staff report. A CUP 06-419; 14410 Big Basin Way; Planet Juice z Hours of Operation The proposed operating hours are from 7:00 am to 10:00 pm, Monday through Friday and 9:00 am to 10:00 pm Saturday and Sunday. In efforts to ensure the applicant has flexibility for the operation of the juice shop, staff has not added a condition of approval regazding hours of operation. The applicant has indicated that deliveries to the site aze expected to occur twice a week. A condition of approval requiring deliveries for Planet Juice to occur between 11 pm and 12 am has been added so that there is minimal conflict with operating hours and delivery times of adj acent businesses. Parking and Circulation The zoning code stipulates that pazking requirements be assessed at the time of initial occupancy or change in use of a site. However, a new ordinance in effect since February 18, 2006 stipulates that all parking requirements in the Village be .relaxed. The new ordinance specifies that no off-street parking shall be required for applications that are deemed complete between March 1, 2006 and February 28, 2009. The newly implemented pazking ordinance identified a parking surplus that would accommodate either construction of 41,850 squaze feet of floor azea or intensification of uses. No development or new use has yet taken advantage of the relaxed parking requirements. The proposed establishment of a restaurant qualifies as an intensification of use, as a retail establishment (flower shop) was previously located within the tenant space. If the Planning Commission approves the proposed conditional use permit, square footage equal to that of the tenant space (960 squaze feet) would be subtracted from the currently available 41,850 squaze feet, which would leave 40,890 squaze feet to remain for future applications. Therefore, no additional off-street parking will be required for the proposed juice shop. As conditioned, employees would not be able to use on-site pazking spaces. Design Review Design Review approval is not required for this application, as no exterior changes to the facade are proposed in this application. However, through the course of several site visits, staff has noticed that several garbage and recycling canisters exist within the proposed outdoor seating azea. To address this, staffhas added a condition of approval that no trash enclosures aze stored within the outdoor seating area and that instead a trash receptacle consistent in style referenced in the Saratoga Village Design Guidelines is provided for use of Planet Juice customers. Additionally, a condition regarding umbrellas located within the outdoor seating azea has been added to prohibit lazge logos and/or lazge print signage printed on umbrella fabric. As the Village Design Guidelines do not explicitly address outdoor dining fizrniture, the overall style of the outdoor tables and chairs has been conditioned to be similaz in appeazance to the existing tables and chairs to maintain continuity on the property. CUP 06-419; 14410 Big Basin Way; Planet Juice Signage Initially, the applicant proposed to submit signage as a separate application. However, since the applicant proposes to illuminate the signage, the application cannot be acted on administratively and review by Planning Commission is required. In efforts to both streamline the permitting process and allow the Planning Commission to see both components of the project at once, the applicant was encouraged to bring forth both the use permit and signage at once. The applicant proposes two wall-mounted signs, one for each facade of the building. Illumination will consist of exterior goose-neck lighting similar to that of the sign for Starbucks Coffee shop. Conditional Use Permit Findings Staff believes the proposed project is consistent with Conditional Use Permit fmdings stated in City Code Section 15-55.070 and furthermore believes they can be made in the affirmative. The text and follow-up discussion regarding each finding is below. (a) 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. The objectives of the commercial district include those that promote a stable. and varied mix of uses that meet the needs of City residents. The proposed juice bar will offer a use that is complimentary to the current uses in the Village and will offer a commodity that will enhance the pedestrian friendly nature of the Village. The juices offered by Planet Juice are fruit and/or vegetable drinks, which may be consumed on site, compliment a shopping experience in the Village, or which may act as a healthy dessert after dining at one of the restaurants in the Village. Additionally, the shop may offer an alternative to parents that regularly visit the City's downtown for coffee, as they may purchase juice for their children during the same trip. Also, the proposed juice shop will be a distinct destination for fait and vegetable juices, as few businesses downtown are known to serve primarily juice drinks. (b) 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 juice shop will not be detrimental to the public health, as it has been conditioned to meet all applicable health and safety codes. Interior improvements are proposed with this application. (c) The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. Pursuant to the Saratoga Municipal Code, a conditional use permit is required to establish a restaurant. Approval and adoption of the resolution for this application would satisfy this • CUP 06-419; 14410 Big Basin Way; Planet Juice requirement. Additionally, the project has been conditioned to meet health and safety codes. (d) The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. The proposed juice shop will not adversely affect immediate uses and properties in the vicinity, as it is expected to instead compliment them. Additionally, the proposed outdoor dining area will enhance the pedestrian nature of the Village and enhance the overall ambiance of the site. Furthermore, given that the proposed juice shop is adjacent to Breakaway Bike Shop, patrons of the bike shop who are browsing, waiting for services related to their bicycle, or resting between rides may find the juice shop a convenient and attractive place to stop. Conclusion Staff recommends that the Planning Commission approve the proposed juice shop (Application 06-419) by making all required Conditional Use Permit findings in the affirmative and adopting the attached Resolution. Az'TAC~IVTs 1. Resolution of Approval for Conditional Use Permit 06-419 2. Affidavit of mailing noticies, public hearing notice, and copy of mailing labels 3. Additional parties noticed (mailed July 10, 2006) 4. Letter of justification from applicant 5. Correspondence from members of the public 6. Letter from property owner regarding outdoor seating area 7. Traffic analysis for Starbucks Coffee shop (dated July 20, 2005) 8. Photographs of site 9. Reduced Plans, Exhibit "A" • •. • Attachment 1 • RESOLUTION NO. Application No. 06-419 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Planet Juice; 14410 Big Basin Way, Bldg. B Area 1 WxExEAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit to allow Planet Juice (a-juice shop/restaurant use) in a remodeled tenant space within the Corinthian Corners commercial complex. The juice shop will be located in an approximately 960 square feet tenant space. The site is located in a Commercial Zoning District; and WxEx~as, the Planning Commission has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and. WxExE.~s, the Planning Commission finds 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); and WxExEAS, the Planning Commission finds that all of the findings for approval required within Article 15-55 of the City Code can be made in the affirmative. The following is a discussion of each of the findings: (a) 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. The objectives of the commercial district include those that promote a stable and varied mix of uses that meet the needs of City residents. The proposed juice bar will offer a use that is complimentary to the current uses in the Village and will offer a commodity that will enhance the pedestrian friendly nature of the Village. The juices offered by Planet Juice aze fruit and/or vegetable drinks, which may be consumed on site, compliment a shopping experience in the Village, or which may act as a healthy dessert after dining at one of the restaurants in the Village. Additionally, the shop may offer an alternative to pazents that regulazly visit the City's downtown for coffee, as they may purchase juice for their children during the same trip. Also, the proposed juice shop will be a distinct destination for fait and vegetable juices, as few businesses downtown are known to serve primarily juice drinks. • CUP 06-419; 14410 Big Basin Way; Planet Juice (b) 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 juice shop will not be detrimental to the public health, as it has been conditioned to meet all applicable health and safety codes. Interior improvements are proposed with this application. (c) The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. Pursuant to the Saratoga Municipal Code, a conditional use permit is required to establish a restaurant. Approval and adoption of the resolution for this application would satisfy this requirement. Additionally, the project has been conditioned to meet health and safety codes: (d)-The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. The proposed juice shop will not adversely affect immediate uses and properties in the vicinity, as it is expected to instead compliment them. Additionally, the proposed outdoor dining area will enhance the pedestrian nature of the Village and enhance the overall ambiance of the site. Furthermore, given that the proposed juice shop is adjacent to Breakaway Bike Shop, patrons of the bike shop who are browsing, waiting for services related to their bicycle, or resting between rides may find the juice shop a convenient and attractive place to stop. Now, TxExEFOxE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the proposed use and floor plan and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit approval for Planet Juice is hereby granted subject to the following conditions: PLANNING 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete or impose any new conditions of the permit to preserve the public health, safety, and welfare. ~I 2. The restaurant shall operate as represented on the plans marked Exhibit A. 3. Any intensification of this use shall require approval of an amended Conditional ' Use Permit. • CUP 06-419; 14410 Big Basin Way; Planet Juice 4. Prior to issuance of Building Permits for any internal tenant improvements, detailed construction plans shall be reviewed and approved by the Planning Division for Zoning Clearance to verify consistency with the approved Exhibit "A" plans. The construction drawings shall incorporate a copy of this Resolution as a separate plan page• 5. Planet Juice employees shall not use any on-site parking spaces: , 6. Deliveries shall occur between the hours of 11 pm and 12 am in order to minimize impacts on parking demands for the adjacent businesses. 7. No trash enclosures shall be stored within the outdoor seating area. The owner/applicant shall remove the existing trash enclosures within this area. 8. The owner/applicant shall provide a trash receptacle within the outdoor seating arear that is consistent in style and overall appearance referenced in the Saratoga Village Design Guidelines. The receptacle shall be subject to approval by the Community Development Director. The receptacle shall be emptied as needed and shall be maintained in a sanitary fashion. 9. The outdoor seating area shall be cleaned regularly and maintained in a manner such that no products are spilled and/or loose within the area. 10. Umbrellas used within the outdoor seating area shall not dis lay large logos and/or p large print signage. All outdoor furniture -shall be of high quality and consistent in overall appearance to that which currently exists on the property and is subject to approval by the Community Development Director. 11. A Building Permit shall be obtained for the proposed signage. Signage shall conform to the requirements of City Code and shall meet the intent of the Saratoga Village Design Guidelines. 12. The owner/applicant shall contact Santa Clara County Health Department and verify required permits. If required by the Santa Clara County Health Department, prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit to the Community Development Department verification from the Santa Clara County Health Department showing proof of compliance of the proposed facility with the Health Department's requirements. 13. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 14. The applicant shall apply for and obtain approval of a Business License from the City of Saratoga prior to issuance of building permit(s) for tenant improvement(s). CUP 06-419; 14410 Big Basin Way; Planet Juice FIRE PROTECTION DISTRICT 15. Applicant shall comply with all Saratoga Fire District requirements. CITY ATTORNEY 16. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit or Business License must be issued and construction or business operations commenced within 24 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 15-55.080 and 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th 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 [i • • CUP 06-419; 14410 Big Basin Way; Planet Juice • 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 teams and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • • ,~ • Attachment 2 • 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 3rd day of Tuly , 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 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 517-09-043, 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. j 1~~ ,-. 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 26 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: UP 06-419 -14410 Big Basin Way APPLICANT: El Jarrari (Planet Juice Shop) • APN: 517-09-043, 517-09-018, 517-09-044 DESCRIPTION: The applicant requests a Conditional Use Permit to establish a juice shop in an existing approximately 960 square foot vacant tenant space in the newly remodeled Corinthian Corners commercial complex. The juice shop will face Saratoga-Los Gatos Road, and will be located between the existing Starbucks Coffee Shop and Breakaway Bicycle Shop. The site is zoned CH-1. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you maybe limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, July 17th, 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 30, 2006 Ownership Listing Prepared for: 517-09-018, 043, 044 Planet Juice Shop 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 397-22-066 397-22-044,068 397-22-045 UNITED STATES POSTAL SERV SARATOGA FEDERATED CHURCH JOHN L & M OSTROWSKI 395 OYSTER POINT BLVD 225 14370 SARATOGA AVE 12750 IONE CT SOUTH SAN FRANCISCO CA 94080- SARATOGA CA 95070-5953 SARATOGA CA 95070-3804 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 397-31-020 397-33-001 397-33-002 ENGINEERING INFORMATION SYSTEMS JOSEPH & SUSAN LONG EVELYN DUGGAN PO BOX 25 PO BOX 2095 or current owner SARATOGA CA 95071-0025 SARATOGA CA 95070-0095 14347 SARATOGA AVE C 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 CA 95070-5949 397-33-006 397-33-007 397-33-008 NOEL LINDSAY BRENDA K VINSON DENNIS W KING PO BOX 663 or current owner or current owner ROSS CA 94957 14351 SARATOGA AVE A 14351 SARATOGA AVE B SARATOGA CA 95070-5950. SARATOGA CA 95070-5950 3-009 397-33-010 397-33-011 'UBAK 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 AVE 19944 CHARTERS 14357 SARATOGA AVE A 14357 SARATOGA AVE D , SARATOGA CA 95070-4412 SARATOGA CA 95070-5952 SARATOGA CA 95070-5952 397-33-022 397-33-023 397-33-021 EARLE J CRAIGIE MARJORIE BUENROSTRO DAVID A JOHNSON or current owner or current owner 18403 PURDUE DR 14359 SARATOGA AVE A 14359 SARATOGA AVE B SARATOGA CA 95070-4712 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 s 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 ASSOC BLOXHAM L M & LOUELLA SULLIVAN PO BOX 6000 4010 MOORPARK AVE 111 20570 CANYON VIEW DR NEWPORT BEACH CA 92658-6000 SAN JOSE CA 95 1 1 7-1 804 SARATOGA CA 95070-5876 '503-24-060,061 503-24-062 503-24-063 BLOXHAM TRUST 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 503-24-066 503-24-067,080,081 503-24-078 JOSEPH C & MICHELLE MASEK JAMES I & ARLENE ROSENFELD SUSAN K CUNNINGHAM or current owner 14219 OKANOGAN DR PO BOX 2230 67 BIG BASIN WAY SARATOGA CA 95070-5549 CUPERTINO CA 95015-2230 TOGA CA 95070-6093 503-24-079 517-09-011 517-09-012 DENNIS M CUNNINGHAM RICHARD SERMONE MARIE FORMICO or current owner 14620 BIG BASIN WAY 14480 BIG BASIN WAY 14407 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 ELLENIKIOTIS MAHNAZ KHAZEN 4367 CLEAR VALLEY DR 14451 CHESTER AVE or current owner ENCINO CA 91436-3317 SARATOGA CA 95070-5624 20490 SARATOGA LOS GATOS RD 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 TOGA CA 95070-6025 SARATOGA CA 95070-6025 SARATOGA CA 95070-6187 -09-027 517-09-063 THANH LUONG 517-09-042 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 ~ j ~rMiI1 0 U 14 517-34-001 517-34-002 S 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: SHWETA BHATT 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 SIlVIPSON 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 • • Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® BUSSE ROBERT K & LISA C 14461 OAK ST SARATOGA, CA 95070-6025 DALTON PETER J TRUSTEE 14467 OAK ST SARATOGA, CA 95070-6025 GRABLE TRUDY LYNN M 1238 CORDELIA AV SAN JOSE, CA 95129-4212 SULLIVAN VERONICA 14541 OAK ST SARATOGA, CA 95070-6074 ~ www.averycom '~ 1-800-GO-AVERY MC KIBBEN TED JR & PEGGY L 14463 OAK ST SARATOGA, CA 95070-6025 NICHOLS MICHAEL P & BETH 14525 OAK ST H SARATOGA, CA 95070-6074 K & Y LIMITED 14555 BIG BASIN WY SARATOGA, CA 95070-6013 K & Y LIMITED 14555 BIG BASIN WY SARATOGA, CA 95070-6013 PACHE KLAUS W & YVONNE C BARATTA-LORTON ROBERT 20650 FOURTH ST 4 14599 BIG BASIN WY SARATOGA, CA 95070-5893 SARATOGA, CA 95070 OLSON GREGORY G & TRACEY CALVO OVIDIO & WENDY 14597 BIG BASIN WY 14595 BIG BASIN WY SARATOGA, CA 95070-6069. SARATOGA, CA 95.070-6069 FITZSIMMONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070-6081 RUBENSTEIN MICHAEL J 14593 BIG BASIN WY SARATOGA, CA 95070-6069 SCHREMPP JAMES B 14587 OAK ST SARATOGA, CA 95070-6075 FITZSIMMONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070-6081 REDMON RAY D 14589 OAK ST SARATOGA, CA 95070-6075 BOSCOE MARY B PO BOX 2423 SARATOGA, CA 95070-0423 AVERY® 5160 MICHELI STEVEN L & CYNTHIA R 14465 OAK ST SARATOGA, CA 95070-6025 BARDHAN PRASENJIT 1648 MARIPOSA AV PALO ALTO, CA 94306-102b DONEGAN JAMES E & ROBIN 2065D 4TH ST 1 SARATOGA, CA 95070-5893 CHEN JUNE F PO BOX 2963 SARATOGA, CA 95070-0963 HILL ALLEN W & SAUNDRA L 20b5D 4TH ST 5 SARATOGA, CA 95070-5893 FITZSIlVIl~~ONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070-6081 HSU DORA HUI-I 14591 BIG BASIN WY SARATOGA, CA 95070-6069 TAI CHI 1125 HUMBOLDT RD BRISBANE, CA 94005 MONGRAW VIOLET 14591 OAK ST SARATOGA, CA 950706075 CHI TELLY & EUGENE FITZSIMMONS KATHLEEN A ALFORD GARY D 1125 HUMBOLDT RD 14605 BIG BASIN WY 14593 OAK ST BRISBANE, CA 94005-1728 SARATOGA, CA 95070-6081 SARATOGA, CA 95070 fi075 Jam and Smudge Free Printing ~ www.averycom a AVERY® 5160® Use Avery® TEMPLATE 5160® ~~ 1-800-GO-AVERY LALLY JAMES 2.1764 CONGRESS HALL LN TOGA, CA 95070-9714 MCGILL PATRICK 14597 OAK ST SARATOGA, CA 95070-b075 CHEN CHENG J & FEND Y CHEN 603 FOREST AV PALO ALTO, CA 94301-2623 FITZSIMMONS JOSEPH J 14611 BIG BASIN WY E SARATOGA, CA 95070-6073 FITZPATRICK JOSEPH A 14605 OAK ST SARATOGA, CA 95070-6015 MORETTI MICHAEL J & ALINA 20661 5TH ST 5 SAR.ATOGA, CA 95070-0000 DIPIETRO DECOKES 14613 OAK ST SARATOGA, CA 95070-6015 WRIGHT WILLIAM M III & LORRAINE L 20661 5TH ST 1 SARATOGA, CA 95070-6019 WARD WILLIAM J & SHELLEY 20713 ST CHARLES ST SARATOGA, CA 95070-6032 FiTZSIMMONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070-6081 CANINE MAGDALENE A 14607 OAK ST SARATOGA, CA 95070-6015 MAITRA SIDHARTHA & A,NURADHA 14455 PIKE RD SARATOGA, CA 95070 THOO JOSEPH 20661 5TH ST 3 SARATOGA, CA 95070-0000 GOPAL NANDA ETAL 20719 ST CHARLES ST SARATOGA, CA 95070-6032 CARSON MARION K & JULIE A 20723 ST CHARLES ST SARATOGA, CA 95070-6032 JENKINS PATRICIA M 14603 OAK ST SARATOGA, GA 95070-6015' GLASS JACQUELYN M 14110 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5418 FONG ALLEN G & GLADYS J 2039 FOREST AV 201 SAN JOSE; CA 95128 KENOYER DERALD R 20661 5TH ST 2 SARATOGA, CA 95070-6019 HARDISTY OSCAR & ELAINE 20729 ST CHARLES ST SARATOGA, CA 95070-6032 • Impression antibourrage et a sechage rapide ~ vvww.averycom Utilisez le gabarit 5160® ~ 1-800-GO-AVERY G & G MCCANDLESS PROPS LLC 545 MIDDLEFIELD RD 130 MENLO PARK, CA 95025 ENGINEERING INFORMATION SYSTEMS INC P.O. BOX 25 SARATOGA, CA 95071-0025 CUNNINGHAM SUSAN K P O BOX 2230 CUPERTINO, CA 95015-2230 ACCOUNTS PAYABLE PO BOX 6000 NEWPORT BEACH, CA 92658- 6000 SULLIVAN L M & LOUELLA M TRUSTEE ETAL 20570 CANYON VIEW DR SARATOGA, CA 95070-5876 CRAWFORD OTTO M & BETTE R TRUSTEE 12471 GREENMEADOW LN SARATOGA, CA 95070-3032 FITZSIlVIlVIONS JOSEPH J TRUSTEE ETAL 14611 BIG BASIN WY E SARATOGA, CA 95070 ELLENIKIOTIS ANTHONY J & GEORGIA TRUSTEE 14451 CHESTER AV SARATOGA, CA 95070-5624 PAYNE GEORGE M TRUSTEE 15940 ROCHIN TR LOS GATOS, CA 95032-0000 FITZSIMMONS MICHAEL D TRUSTEE ETAL 165 SUMMERFIELD ST DANViLLE, CA 94506 INN AT SARATOGA INC. 20645 4TH ST SARATOGA, CA 95070-5$67 BLOXHAM.FAMiLY LP 14610 BIG BASIN WY SARATOGA, CA 95070-0000 BLOXHAM FAMILY LP 14610 BIG BASIN WY SARATOGA, CA 95070-0000 BLOXHAM FAMILY LP 14610 BIG BASIN WY SARATOGA, CA 95070-0000 CASABONNE YVES G & ANNETTE E TRUSTEE P O BOX 247 EL VERANO, CA 95433-0247 Q AVERY 5160® TOSCO MARKETING CO DC17 P.O. BOX 52085 PHOENIX, AZ 85072 CUNNINGHAM DENNIS M 14407 BIG BASIN WY SARATOGA, CA 950706080 PAYNE GEORGE M TRUSTEE 15940 ROCHIN TR LOS GATOS, CA 95032-0000 FITZSIlVIlVIONS JOSEPH J TRUSTEE ETAL 14611 BiG BASIN WY E SARATOGA, CA 95070 FITZIMMONS JOSEPH J TRUSTEE ETAL 14611 BiG BASIN WY E SARATOGA, CA 95070 KLEAR ELIZABETH P TRUSTEE CANCELLIERI ROBERT & 20387 THELMA AV SHIRLEY TRUSTEE SARATOGA, CA 95070-4946 14860 CODY LN SARATOGA, CA 95070-6018 CANCELLIERI ROBERT & SHIRLEY TRUSTEE 14860 CODY LN SARATOGA, CA 95070-6018 FRANK L BURELL III 470 VANDELL WY STE A CAMPBELL, CA 95008 SARATOGA CITY OF 4TH ST SARATOGA, CA 95070-0000 FRANK L BURELL III -470 VANDELL WY STE A CAMPBELL; CA 95008 FRANK L BURELL III 470 VANDELL WY STE A CAMPBELL, CA 95008 KIM JOUNG S & YOUNG H TRUSTEE 7221 SILVER LODE LN SAN JOSE, CA 95120-3356 • MASEK JOSEPH C & MICHELLE ROSENFELD JAMES I & 14467 BIG BASIN WY ARLENE H TRUSTEE SARATOGA, CA 95070-6093 14219 OKANOGAN DR SARATOGA, CA 95070-5549 lam and Smudge Free Printing ~ www.averycom a AVERY® 5160® Use Avery® TEMPLATE 5160® ~ 1-800-GO-AVERY WALLACE BERNARD A P BOX 1060 OVERY BAY, CA 94514 SORENSEN DAVID L 14493 OAK ST SARATOGA, CA 95070-6025 MELTON THELMA D TRUSTEE ETAL 4710 SANTA LUCIA DR WOODLAND HiI,LS, CA 91364 FRANK L BURELL III 470 VANDELL WY STE A CAMPBELL, CA 95008 ARTHUR ANDERSEN LLP PO BOX 192202 SAN FRANCISCO, CA 94519- 2202 BROZDA JOSEPH & HELEN TRUSTEE 235 LINDEN ST SANTA CRUZ, CA 95062-1019 OUR LADY FATIMA VILLA 20400 SARATOGA-LOS GATOS RD TOGA, CA 95070-5927 JACKMAN ERNA B 14515 OAK ST SARATOGA, CA 95070-6025 SARATOGA CITY OF BiG BASIN WY SARATOGA, CA 95070-0000 CAROLYN HOLM 1 GOODWIN CT REDWOOD CITY, CA 94061 PIERCE INGER L TRUSTEE ETAL P. O. BOX 5496 AUBURN, CA 95604 LACK ENTERPRISES 14500 BIG BASIN WY C SARATOGA, CA 95070 JAMES KENNEDY 540 SANTA CRUZ 215 LOS GATOS, CA 95030 LEES PARTNERSHIP 14493 BIG BASIN WY SARATOGA, CA 95070-6093 SOWOLLA KRIS A & CAROL A SARATOGA LODGE NO FOUR TRUSTEE TWO EIGHT IOOF TRUS 219 JACKSON ST P O BOX 54 LOS GATOS, CA 95030-0000 SARATOGA, CA 95071-0054 GASIK JEFFREY F 21070 DORSEY WY SARATOGA, CA 95070-5336 ATLAS PROPERTIES LLC 48 ATLAS AV SAN JOSE, CA 95126-3101 BROZDA JOSEPH & HELEN TRUSTEE 235 LINDEN ST SANTA CRUZ, CA 95062-1019 PARKER THOMAS E P O BOX 756 CARDIFF BY THE SEA, CA 92007-0756 STARK CHARLES D & KATHIE L - P.O. BOX DRAWER 219 APTOS, CA 95001 BROZDA JOSEPH & HELEN TRUSTEE 235 LINDEN ST SANTA CRUZ, CA 95062-1019 OUR LADY FATIMA VILLA INC CARLSON WILLIAM A & JUT,IE 20400 SARATOGA/LOS GATOS L TRUSTEE RD 621 DEL ROY CT SARATOGA, CA 95070-5927 CAMPBELL, CA 95008-1834 SARATOGA CITY OF ' 4TH ST SARATOGA, CA 95070-0000 BROZDA JOSEPH & HELEN TRUSTEE 235 LINDEN ST SANTA CRUZ, CA 95062-1019 ALLEN JOHN N & MARY 14500 OAK ST SARATOGA, CA 95070-6087 LONG RUTH M TRUSTEE PO BOX 2095 SARATOGA, CA 95070-0095 CUTLER MITCH & TRACY 14480 OAK PL SARATOGA, CA 95070-5910 ESPINOSA GARY H & ` DIANAGAY J TRUSTEE 14510 OAK ST SARATOGA, CA 95070-6057 Jam and Smudge Free Printing Use Avery® TEMPLATE s160® PATSY LOU RESCHAR CO- TRUSTEE 112 CALFHILL CT LOS GATOS, CA 95032 CALI INVESTMENTS 14510 BIG BASIN WY SARATOGA, CA 95070-6090 SABATOGA CITY OF 4TH ST SARATOGA, CA 95070-0000 FITZSIMMONS PATRICK J & JO ANNE M - 14534 OAK ST SARATOGA, CA 95070-6087 PAUL FLANAGAN 14658 NELSON WY SAN JOSE, CA 95124-3517 HERR~TG VIRGIL R & EVELYN C TRUSTEE 14995 WONDERLAND BL BEDDING, CA 96003-8522 GASIK JEFF 21070 DORSEY WY SARATOGA, CA 95070-5336 SALVATORE J LABARBERA 1426 FRUITDALE AV SAN JOSE, CA 95128 BAHL KENNETH S & SWARAN B ETAL 14645 BIG BASIN WY SARATOGA, CA 95070-6081 PURCELL BARBARA L & MICHAEL E 200 VIAGENOA NEWPORT BEACH, CA 92663- 4639 ® www.averycom ~~ 1-800-GO-AVERY STAUSS CHARLES J & ELSBETH R PO BOX 2265 SARATOGA, CA 95070-0265 HIRSCHFELD HAROLDINE M TRUSTEE 14524 OAK ST SARATOGA, CA 95070-6026 JOHNSON RICHARD & ANGELA M 20578 3RD ST SARATOGA, CA 95070-6053 PACHE KLAUS W & YVONNE C TRUSTEE 14555 BIG BASIN WY SARATOGA, CA 95070-6013 ZAMBETTI EUGENE L PO BOX 34 SARATOGA, CA 95071-0034 AVERY® s16o® HELM BONNIE L 1451b OAK ST SARATOGA, CA 95070-6087 SALEHIEH JAVID J 20582 3RD ST SARATOGA, CA 95070-6053 ACCOUNTING DEPARTMENT 374 W SANTA CLARA ST SAN JOSE, CA 95113-1502 COOPER-HART MICHAEL A 20576 3RD ST SARATOGA, CA 95070=6053 DONOHOE LISA S ' 1021 IiARRISON ST MONTEREY, CA 93940-2117 DAMES C H PO BOX 2039 SARATOGA, CA 95070-0039 BAHL KENNETH S & SWARAN B ETAL 14645 BIG BASIN WY SARATOGA, CA 95070-6081 FITZSIMMONS JOSEPH J & ANN V TRUSTEE 14611 BIG BASIN WY E SARATOGA, CA 95070 FITZSIMMONS ANN V & JOSEPH J TRUSTEE 14611 A BIG BASIN WY E SARATOGA, CA 95070-6081 PAUL FLANAGAN 14658 NELSON WY SAN JOSE, CA 95124-3517 FITZSIlVIMONS MICHAEL D TRUSTEE ETAL 165 SUNIMERFIELD ST DANVILLE, CA 94506 SUDHOLT RICHARD H & THERESA P 20610 LOMITA AV SARATOGA, CA-95070-6024 PELiO & ASSOCIATES 14573 BIG BASIN WY SARATOGA, CA 950706013 MCKENZIE BARBARA G TRUSTEE 18680 VESSING CT SARATOGA, CA 95070-5666 • i LA VIE C/O MISCH~L POST 438 W CAMPBELL AV CAMPBELL, CA 95008 Jam and Smudge Free Printing ~~ vvww.averywm Use Avery® TEMPLATE 5160® ~ 1-800-GO-AVERY ~BAHL KENNETH S & SWARAN STAUSS CHARLES J & B ETAL ELSBETH R 45 BiG BASIN WY PO BOX 2265 TOGA, CA 95070-6081 SARATOGA, CA 95070-0265 BONREALTY COMPANY INC 12591 SARATOGA CREEK DR SARATOGA, CA 95070-3538 HERNANDEZ GLADYS P ETAL 19641 CHARTERS AV SARATOGA, CA 95070-4407 SRINIVASAN S TRUSTEE ETAL 14598 BIG BASIN WY C SARATOGA, CA 95070-0000 BEHNKE DORIS K ETAL 13691 BEAUMONT AV SARATOGA, CA.95070-4968 SRINIVASAN S TRUSTEE ETAL BEHNKE DORIS K TRUSTEE 14598 BIG BASIN WY C 14655 OAK ST 1 SARATOGA, CA 95070-5139 SARATOGA, CA 95070 MAULDIN MICHAEL & CAROL PALLA LOUISE 15345 BOHLMAN RD 8350 RAINTREE AV SARATOGA, CA 95070-6356 RIVERSIDE, CA 92504-2861 PALLA LOUISE 8350 RAINTREE AV RIVERSIDE, CA 92504-2861 CUMMINS MICHAEL J & DEBRA A 14666 OAK ST SARATOGA, CA 95070-6030 MARCHETTI WALTER S & MARILYN R TRUSTEE 20701 ST CHARLES ST SARATOGA, CA 95070-6032 ALEXANDER JEANNE TRUSTEE 14701 OAK ST SARATOGA, CA 95070-6029 TAYLOR JENNIFER 14672 OAK ST SARATOGA, CA 95070-6030 BURKET MARGUERITE M TRUSTEE 14200 WOODVIEW LN SARATOGA, CA 95070-5556 WHEATLEY SANDRA & GARY J HUNTER ANITA 20761 PAMELA WY PO BOX 3214 SARATOGA, CA 95070-6031 SARATOGA, CA 95070-0000 V A~/ERY® 5160® BEHNKE FRANK 14510 BIG BASIN WY 161 SARATOGA, CA 95070-6090 LONG RUTH M TRUSTEE PO BOX 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M Q & COVELL G D JR & ANN M ALLEN JIM W r10WARD A ' .TRUSTEE 14721 6TH ST 14700 OAK ST ~ PO BOX 1202 SARATOGA, CA 95070-6033 3ARATOGA, CA 95070-6058 CARMEL, CA 93921-1202 KRAIN JON & LINDA DIRKS HARLAN E & JOAN H GURLEY GERALD L JR & 14730 6TH ST TRUSTEE LYNNE L TRUSTEE 3ARATOGA, CA 95070-6055 20770 PAMELA WY 14724 OAK ST SARATOGA, CA 95070-6031 SARATOGA, CA 95070-6058 EtILEY ELIZABETH W TRUSTEE NERVO FREDERICK A & X0792 PAMELA WY EILEEN 3ARATOGA, CA 95070-6031 ' PO BOX 460007 SAN FRANCISCO, CA 94146 BROWN WILLIAM E & DIANNE 14755 OAK ST 3ARATOGA, CA 95070-6029 PERSICO RAY W & SUE 14761 6TH ST SARATOGA, CA 95070-6033 3ARATOGA CEMETERY BOHLMAN RD 3ARATOGA, CA 95070-0000 TEETER JOHN M &. NICOLETTE 14760 OAK ST SARATOGA, CA 95070-6058 MATSUMURA TADAO 20808 PAMELA WY SARATOGA, CA 95070-6031 SCHAUB KATHLEEN B 3 ETAL 14732 OAK ST SARATOGA, CA 95070-6058 • Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® Craig Awbrey OR CURRENT OWNER 65 Saratoga Avenue, Suite 100 Clara, CA 95051 Christina Calice OR CURRENT OWNER 14415 Big Basin Way Saratoga, CA 95070 Bill Cooper OR CURRENT OWNER 22645 Garrod Road Saratoga, CA 95070 Virginia Fiorentino OR CURRENT OWNER 12029 Saratoga-Sunnyvale Road Saratoga, California 95070 John Marian OR CURRENT OWNER 14471 Big Basin Way Saratoga, California 95070 Rick Ratra OR CURRENT OWNER 14395 Big Basin Way Saratoga, Califomia 95070 Chris Van Hoy OR CURRENT OWNER 14456 Big Basin Way Saratoga, California 95070 OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER ~ vwuw.averycom 1-800-GO-AVERY Brian A. Berg OR CURRENT OWNER 14500 Big Basin Way, Suite F Saratoga, CA 95070 Yves & Annette Casabone OR CURRENT OWNER P.0. 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Box 34 Saratoga, Cali#omia 95070 OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNt=R _nni a iueae6 a~ zasuan !am and Smudge Free Printing ~ vwvw averycom o AVERY® 5160® Use Avery® TEMPLATE 5160® 1-800-GO-AVERY Abbott Usability 14407 Big Basin Way Saratoga, CA 95070 Assn for Investment 14567 Big Basin Way Saratoga, CA 95070 The Bank Bar 14421 Big Basin Way Saratoga, CA 95070 Blue Rock Shoot 14523 Big Basin Way Saratoga, CA 95070 Aegis Gallery of Fine Art 14531 Big Basin Way Saratoga, CA 95070 The Basin 14572 Big Basin Way Saratoga, CA 95070 Bella Saratoga 14503 Big Basin Way Saratoga, CA 95070 Big Basin, LLC 14573 Big Basin Way Saratoga, CA 95070 Advanced-HR, Inc. 14407 Big Basin Way Saratoga, CA 95070 Bank of America 14476 Big Basin Way Saratoga, CA 95070 Benjamin's Salon 14583 Big Basin Way Saratoga, CA 95070 ::Big Basin Chiropractic 14471 Big Basin Way Saratoga, CA 95070 ;. The Braid Box Knitting Studio Bruce Bartlett D. D. S. Bob Ray Creative Services, Inc. 14554 Big Basin Way 14567 Big Basin Way #C 14567 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 The Braid Box 14567 Big Basin Way Saratoga, CA 95070 Bangkok Palace 14515 Big Basin Way Saratoga, CA 95070 The Coffee Grounds 14567 Big Basin Way Saratoga,. CA 95070 Carol's Gallery 14455 Big Basin Way Saratoga, CA 95070 Brenner Financial Group, Inc. .:Butter Paddle Gourmet Kitchen 14471 Big Basin Way 14510 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Brian Berg Berg Software Design 14500 Big Basin Way F Saratoga, CA 95070 Christine's Collection 14416 Big Basin Way Saratoga, CA 95070 Coldwell Banker/NRT 14506 Big Basin Way Saratoga, CA 95070 Curve's 14456 Big Basin Way Saratoga, CA 95070 Commerica Bank. 14401 Big Basin Way Saratoga, CA 95070 C & R 1Vlotors 14585 Big Basin Way Saratoga, CA 95070 Cathleen M. Peterson, E. A. Claudia Quella Clymer Cook 14583 Big Basin Way #4 14664 Big Basin Way- 14440 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 • lam and Smudge Free Printing ~ www.averycom Use Avery® TEMPLATE 5160® ~ 1-800-GO-AVERY diamonds by Filice Dancing Yogi ~10 Big Basin Way 1459$ Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Deborah Buonfiglio The Design Atelier 14567 Big Basin Way 14510 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Daisy Beauty Studio The Echo Shop 14435 Big Basin Way 14477 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Floral Fantasia Saratoga F1oBe11 14440 Big Basin Way 14519 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 The Front Window Fringe Culture 14510 Big Basin Way 14577 Big Basin Way #B ~atoga, CA 95070 Saratoga, CA 95070 I'he Fat Robin/La Mesa Gedanken 14429 Big Basin Way 14500 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 AVERY® s16o® Deja & Company 14567 Big Basin Way Saratoga, CA 95070 Divine Wear 14419 Big Basin Way Saratoga, CA 95070 Exclamation Point 14510 Big Basin Way Saratoga, CA 95070 ~: The Florentine Rest. 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Hyper.Calm 14583 Big Basin Way #5 14577 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95.070 ~ •17 ~V_Af~_AAA-~ .,.no~c iueae6 a1 zasn~itl lam and Smudge Free Printing ~ www averycom ~ AVERY® 5160® Use Avery® TEMPLATE 5160® ~~ 1-800-GO-AVERY Hakone Foundation Gift Shop 21000 Big Basin Way Saratoga, CA 95070 James Craig Stanley/ Options 14567 Big Basin Way Saratoga, CA 95070 John Greene Insurance Agency I, 14500 Big Basin Way Sarato a CA 95070 g, 'I KCR Communications 14407 Big Basin Way Saratoga, CA 95070 Knitting Arts 14554 Big Basin Way Saratoga, CA 95070 La Fondue 14510 Big Basin Way Saratoga, CA 95070 Little Amsterdam 14490 Big Basin Way Saratoga, CA 95070 L'Avenir Salon 20601 Third Street Saratoga, CA 95070 Mechanical Technology Services 14660 Big Basin Way A Saratoga, CA 95070 Michael Steinberg Photography 14572 Big Basin Way Saratoga, CA 95070 Pelio & Associates. Inc. 14573 Big Basin Way Saratoga, CA 95070 Kirk & Co. Hair Design 14443 A Big Basin Way Saratoga, CA 95070 Kristy's of Saratoga 14531 Big Basin Way Saratoga, CA 95070 La Mere Michelle 14467 Big Basin Way .Saratoga, CA 95070 Louise M. Smith, M. S. 14567 Big Basin Way #B Saratoga, CA 95070 Martin B. Fenster, Attorney 14625 Big Basin Way Saratoga, CA 95070 Madam Shaunas 14510 Big Basin Way Saratoga, CA 95070 The Perfect Trainer 14584 Fifth Street Saratoga, CA 95070 International Coffee Exchange 14471 Big Basin Way Saratoga, CA 9507.0 Kurt Heisig Music 14428 Big Basin Way Saratoga, CA 95070 Law Offices /Thomas W. Davies ~I 14625 Big Basin Way Saratoga, CA 95070 ~~~ Lupretta's Delicatessen 14480 Big Basin Way ' Saratoga, CA 95070 M. E. Benson's Antiques ', 20603 Third Street Saratoga, CA 95070 Masu Japanese Bistro 14510 Big Basin Way Saratoga, CA 95070 !Pacific Art ~& Design 14577 Big Basin Way Saratoga, CA 95070 Paperfunalia 144.86 Big Basin Way Saratoga, CA 95070 Jam and Smudge Free Printing ~ vvww.averycom a AVERY® 5150® Use Avery® TEMPLATE 5160® ~ 1-800-GO-AVERY Pat Smith's Extravaganza 43 Big Basin Way aratoga, CA 95070 . Prime Cuts 14529 Big Basin Way #C Saratoga, CA 95070 Premier Real Esate Fin. 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Pollack 14500 Big Basin Way Saratoga, CA 95070 Rapunzel 14510 Big Basin Way Saratoga, CA 95070 Surfaceink Corporation 14415 Big Basin Way Saratoga, CA 95070 Stewart Works, Inc. 14573 Big Basin Way Saratoga, CA 95070 Saratoga Dry Cleaners, Inc: Shoe Topia 14495 Big Basin Way 14440 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga Kitchen & Bath Design 14482 Big Basin Way S ratoga, CA 95070 Studio 67 14440 Big Basin Way Saratoga, CA 95070 Saratoga Chamber of Commerce 144$5 Big Basin Way Saratoga, CA 95070 Skin Prophecy 14531_ Big Basin Way Saratoga, CA 95070 Saratoga Oaks Lodge 14626 Big Basin Way Saratoga, CA 95070 Saratoga Buy & Save Market Sandra Kamiak,lVl. D: 14440 Big Basin Way 145b7 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Jam and Smudge Free Printing ~ vvww.averycom ~ AVERY® 5160® Use Avery® TEMPLATE 5160® ~~ 1-800-GO-AVERY Saratoga Barbers 14440 Big Basin Way Saratoga, CA 95070 Sent Sovi 14583 Big Basin Way Saratoga, CA 95070 Saratoga Wine Merchants, Inc. Shanthi Madrieddi 14500 Big Basin Way A 14567 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga Pool Service 14510 Big Basin Way Saratoga, CA 95070 Saratoga Nails 14511 Big Basin Way Saratoga, CA 95070 Saratoga BP 14395 Big Basin Way Saratoga, CA 95070 Stephen M. Howard, Gemologist 14419 Big Basin Way Saratoga, CA 95070 Stoneham Design 14567 Big Basin Way Saratoga, CA 95070 Saratoga Travel, Inc. 14479 Big Basin Way Saratoga, CA 95070 Tanner Asset Management Group The UPS Store # 1291 14417 Big Basin Way 14510 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Viaggio 14550 Big Basin Way Saratoga, CA 95070 Venz Fine Photography 14567 Big Basin Way #3A Saratoga, CA 95070 Saratoga Cafe 14445 Big Basin Way Saratoga, CA 95070 Saratoga Plaza Bakery 14440 Big Basin-Way Saratoga, CA 95070 Stephen D. Hall, CPA 14457 Big Basin Way Saratoga, CA 95070 Southwest Electric 14510 Big Basin Way Saratoga, CA 95070 Santa Clara Construction 14428 Big Basin Way Saratoga, CA 95070 The Trattoria Restaurant 14500 Big Basin Way #A Saratoga, CA 95070 U. S. A. Nails 14479 Big Basin Way Saratoga, CA 95070 Vienna Woods Delicatessen 14567 Big Basin Way Saratoga, CA 95070 Warren Lampshire Village Shoe Repair Village Rendezvous 14457 Big Basin Way 14440 Big Basin Way 14420 Big Basin Way Saratoga, CA 95070 Saratoga, CA 95070 Saratoga, CA 95070 • Jam and Smudge Free Printing ~ www.averycom o AVERY® 5160® Use Avery® TEMPLATE 5160® ~ 1-800-GO-AVERY Wells. Fargo Investments 28 Big Basin Way ratoga, A 95070 Warren B. Heid AIA & Assoc. 14630 Big Basin Way Saratoga, CA 95070 W. Jeffery Heid 14630 Big Basin Way Saratoga, CA 95070 Ronald & Barbara Worden P. O. Box 52085 Phoenix, AZ 85072-2085 Downey Savings & Loan Assoc P. O. Box 6000 Newport Beach, CA 92658 Otto M and Bette Crawford 12471 Green Meadow Lane Saratoga, CA 95070-3032 Robert & Shirley Cancellieri 14$60 Cody Lane toga, CA 95070 James & Arlene Rosenfled 14219 Okanogan Drive Saratoga, CA 95070-5549 Lees Partnership 14493 Big Basin Way Saratoga, CA 95070 Carl and ET Holm 1 Goodwin Court Redwood City, CA 94061-2446 Wanda & Robert Pollack 14500 Big Basin Way. C Saratoga, CA 95070-6076 Charles & Elisbeth Stauss 20 Chestnut Avenue Los Gatos, CA 95030-5804 Zambetti ~ Associates 14540 Big Basin Way Saratoga, CA 95070 Bloxham P. O. Box 95 Aptos; CA 95001 Casabonne P. O. Box 247 El Verano, CA 95433-0247 George M. Payne 15940 Rochin Terr Los Gatos, CA 95032-4823 Bernard A Wallace 1999 Windward Pt Discovery Bay, CA 94514- 9512 Bank of Amer N T & S A P. O. Box 192202 San Francisco, CA 94119-2202 Helen & Joseph Brozda 235 Linden Street Santa Cruz, CA 95062-1019 Ruth M Long P. O. Box 2095 Saratoga, CA 95070-0095 Cali Investments 14510 Big Basin Way Saratoga, CA 95070-6090 1 L7 AM-AMf1(1Q-1. Zazoo 14510 Big Basin Way . Saratoga, CA 95070 L M & Louella Sullivan 20570 Canyon View Drive Saratoga, CA 95070 Elizabeth P. Klear 20387 Thelma Avenue Saratoga, CA 95070-4946 N D Matheny 720. Market Street. 250 San Francisco, CA 94102-2500 Thelma D Melton 4710 Santa Lucia Drive Woodland Hills, CA 91364-4218 William & Julie Carlson 621 Del Roy Court Campbell, CA 95008-1834 Mitch & Tracy Cutler 14480 Oak Place Saratoga, CA 95070-5929 Freda & William Wyant. 13991 Saratoga Avenue Saratoga, CA 95070-5457 Jose W San 374 W Santa Clara Street San Jose, CA 95113-1502 X0915 iuege6 a~ zasi~~t1 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® Klaus & Yvonne Pache 14555 Big Basin Way Saratoga, CA 95070-6013 C H Davies P. O. Box 2039 Saratoga, CA 95070-0039 LaBarbera 1426 Fruitdale Avenue ~ San Jose, CA 95128 Tyler 13611 Saratoga Vista Ave ~, Saratoga, CA 95070-4937 Gladys P Hernandez 19641 Charters Avenue Saratoga, CA 95070-4407 ~ vuww.averycom ~~ 1-800-GO-AVERY Donald Hunt 14658 Nelson Way San Jose, CA 95124-3517 Jeff Gasik 21070 Dorsey Way Saratoga, CA 95074-5336 Joseph & Ann Fitzsimmons 14611 Big Basin Way E Saratoga, CA 95070-6073 Srinivasam 400 Hamilton Avenue Palo Alto, CA 94301 Muth M. Long P. O. Box 2095 Saratoga, CA 95070-0095 Q AVE121i'® s16o® Virgil & Evelyn Herring 14995 Wonderland Blvd 3-8522 Bedding, CA 9600 Theresa & Kichard Sudholt 20610 Lomita Ave Saratoga, CA 93070-6024 Barbara & Michael Purcell 200 Via Genoa Newport Beach, CA 92663 Trafalgar Inc 1735 Westbrook Avenue Los Altos, CA 94024-5321 • • Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® APN 50363067 BANG HUNG SUK AND EUN JA or current r 4TH ST UNIT 1 S TOGA CA APN 50363003 MCGRATH ANN F TRUSTEE orcurrent owner 2081D 4TH ST UNIT 3 SARATOGA CA APN 50363006 WARREN KATHRYN B ET AL or current owner 501 CLIFFSIDE CT PTRICHMOND CA 94801 APN 50363009 COCHRANE ELSIE M or current owner B00 BLOSSOM HILL RD UNIT 72 L4S GATOS CA 95032 APN 50363012 ROGERS WILLIAM AND DIANA or current owner 12 4TH ST UNIT 8 iTOGA CA APN 50363015 JENG CHYI RONG AND ZEUU CHYI or current owner 15214 BELLE CT SARATOGA CA APN 50363018 SHON CHANG SUN AND SANG S or current owner 20812 4TH ST UNIT 14 ' SARATOGA CA APN 50363021 ZARECKY GARY L AND DIANE or current owner 20812 4TH ST UNIT 19 SARATOGA CA APN 50363024 /HEELER LORRAINE A or current owner .20812 4TH ST UNIT 20 SARATOGA CA 0363027 rHANAWALA ASHISH A AND SINHA 3HEFALt orcurrent owner ?0812 4Tti ST UNIT 25 SARATOGA CA ® vwvw.averycom '~ 1-800-GO-AVERY APN 50363001 GATEHOUSE CONDOMINUM HOMEOWNERS ASSN THE or current owner 20810 4TH ST UNIT 1 SARATOGA CA APN 50363004 KAMIAK SANDRA TRUSTEE or current owner 20810 4TH ST UNIT 4 SARATOGA CA APN 50363007 SCHWENDINGER RICHARD L AND PATRICIA A or current owner P.O. BOX 266 ` SARATOGA CA APN 50363010 DEMARTINIS STANLEY A AND MIRIAM L TRUSTEE orcurrent owner 21315 SARATOGA HILLS RD SARATOGA CA APN 50363013 JAKOB ROBERT M or current owner PO BOX 6214 SAN JOSE CA 95750 APN 50363016 TIGHE BRIAN B TRUSTEE & ET AL or current owner. 337 JUNIPERO PLAZA SANTA BARBARA CA 93105 APN 50363019 SANFORD PETER L TRUSTEE or current owner 109 LIMESTONE LN SANTA CRUZ CA 95060 APN 50363022 BARRIE-SODERSTROM KATHLEEN C or current owner 12908 PIERCE RD SARATOGA CA APN 50363025 BRENNOCK THOMAS M AND PAULA A or current owner 20812 4TH ST UNIT 23 SARATOGA CA a AVERY® 5160® APN 50363002 TRAViS WARD C or current ovmer 20810 4TH ST UNIT 2 SARATOGA CA APN 50363005 POKRESS WAYNf R AND SUSAN K or current owner , . 20812 4TH ST UNIT 1 SARATOGA CA APN 50363008 MURPHY CAMERON AND TINA or current owner 20812 4TH ST-UNIT 4 SARATOGA CA APN 50363011. : GRISWOLD LAURA J or current owner 20812 4TH ST UNIT 7 SARATOGA CA APN 50363014 TIGHE BRIAN R AND ANITALYNN M TRUSTI=E orcurrent owner 6374 CANDLfW00D CT CUPERTINO CA 95014 APN 50363017 GLANTZ WILLIAM J AND JENNIFER C ET AL orcurrent owner 20812 4TH ST UNIT 15 SARATOGA CA ' APN 50363020 DORSA DANIEL A JR TRUSTEE & fT AL or current owner 20$12 4TH ST UNIT 16 SARATOGA CA APN 50363023 t30DEN MIKE J AND LINDA L or current owner 20812 4TH ST UNIT 21 SARATOGA CA APN 50363026 YEN KIRK K AND PI-CHENG C or current owner 20812 4TH ST UNIT 22 SARATOGA CA APN 50363028 APN 50363029 CARNEY JAMES AND NORMA TRUSTEE or EAKLf STEPHEN S or current owner current owner 20780 4TH ST UNIT 11 13959 TRINITY CT SARATOGA CA SARATOGA CA Jam and Smudge Free Printing ~ www.averycom ~ AVERY® 5160® Use Avery® TEMPLATE 5160® ~' 1-800-GO-AVERY 4PN 50363030 APN 50363031 APN 50363032. GERMAN THEODORE C TRUSTEE or BRASH LAURA or current owner NG FLORA or current owner ;urrent owner 20760 4TH ST UNIT 9 21285 SARATOGA HILLS RD 20760 4TH ST UNIT 12 SARATOGA CA SARATOGA CA SARATOGA CA APN 50363033 APN 50363034 APN 50363035 SCHRANZ VIKTOR AND KRISTALY ERIKA G ANDERSON RONALD A or current owner EGGLESTON ROGER $ AND ROSALEE or owner x current 20760 4TH ST UNIT 8 current owner . 20760 4TH ST UNIT 7 SARATOGA CA 12487 ARROYO DE ARGUELLO SARATOGA CA SARATflGA CA APN 50363036 JVOOTTEN LAURA L or current owner 20760 4TH ST UNIT 6 SARATOGA CA APN 50363037 CRUZ VERONICA TRUSTEE or current APN 50363038 CZWORNIAK KENNETH J or current owner 20760 4TH ST UNIT 4 SARATOGA CA owner 20760 4TH ST UNIT 3 SARATOGA CA APN 50363039 APN 50363040 SILBERSTEIN J H AND LILLIAN TRUSTEE or RUSIN ANNE S ET AL or current owner current owner 20760 4TH ST UNIT 2 20760 4TH ST UNIT 1 SARATOGA CA SARATOGA CA APN 50363042 BOBORICKEN STEPHEN AND ANNE or current owner 1140 W LATIMER CAMPBELL CA APN 50363043 ROESSLER CYNTHIA A or current owner 20740 4TH ST UNIT 9 SARATOGA CA APN 50363041 LYU CHUNG-NAN AND LU MAY occurrent owner 19782 BRAEMAR DR SARATOGA CA APN 50363044 BINDER LESLIE A or current owner 20740 4TH ST UNIT 10 SARATOGA CA APN 50363045 APN 50363046 APN 50363047 FALCONE VIRGINIA M TRUSTEE & ET AL or FRADIN DAVID M or current owner STEARNS JAY M or current owner , current owner 20740 4TH ST UNIT 8 20740 4TH ST UNIT 5 520 VISTA DEL MAR SARATOGA CA SARATOGA CA APTOS CA 95003 APN 50363048 APN 50363049 APN 50363050 ~ KOOT ROSE S or current owner LAWSON RONALD G AND LINDA E or '. VELTON VICTOR AND REGINA TRUSTEE or 20700 4TH ST UNIT 6 current owner current owner SARATOGA CA 20740 4TH ST UNIT 3 4662 BLUERIDGE DR SARATOGA CA ,SAN JOSE CA 95129 APN 50363051 CINGOLANI GEORGE AND BEVERLY or current owner 20740 4TH ST UNIT 1 SARATOGA CA APN 50363052 ANTABLIAN AREVIG or current owner 20740 4TH ST UNIT 2 SARATOGA CA APN 50363053 MAURER fREDERICK J or current owner 20720 4TH ST UNIT 17 SARATOGA CA APN 50363054 BLACK JOHN P AND CHRISTINA D or current owner 20720 4TH ST UNIT 16 SARATOGA CA 4PN 50363057 SARK JiN W AND MIN K or current owner 20720 4TH ST UNIT 11 SARATOGA CA APN 50363055 BARRERA DAVID R or current owner 20720 4TH ST UNIT 15 SARATOGA CA APN 50363058 BORJA SALVADOR or current owner 230 LILLE LN UNIT 214 NEWPORT BEACH CA APN 50363056 BARRIE KATHLEEN C orcurfent owner 12908 PIERCE RD SARATOGA CA APN 50363059 PETAN FLORENCE occurrent owner 20720 4TH ST UNIT 9 SARATOGA CA lam and Smudge Free Printing Use Avery® TEMPLATE 5160® APN 50363060 TAI HSUEH H ET AL or current owner 4TH ST UNIT 10 TOGA CA APN 50363063 FALCONE MARK C AND CYNTHIA A TRUSTEE or current owner 1388 POE LN SAN JOSE CA ~ www.averycom 1-800-GO-AVERY APN 50363061 WILLIAMS SHELLY S JR TRUSTEE or current owner 11951 BROOK RIDGE DR SARATOGA CA APN 50363064 WALSH T F TRUSTEE or current owner 12759 PLYMOUTH DR SARATOGA CA APN 50363066 APN 50363068 APN 50363069 STRAW RICHARD E AND BARBARA L or FORTE KATHERINE A or current owner STAATS EILEEN A or current owner current owner 20720 4TH ST UNIT 2 14510 A BIG BASIN WY UNIT 228 20720 4TH ST UNIT 4 SARATOGA CA SARATflGA CA SARATOGA CA APN 50363070 APN 50363071 APN 50363072 DAVIS LESLIE or current owner KELLY NOVELLE V TRUSTEE or current . WfISKAL NATALIE J or current owner 20700 4TH ST UNIT 12 owner 20700 4TH ST UNIT 10 SARATOGA CA :.20700 4TH ST UNIT 9 SARATOGA CA SARATOGA CA APN 50363073 APN 50363074 CHANG WAYNE C AND SU-TI L TRUSTEE ARCHER MICHAt=L E AND GAYLE L or current owner TRUSTEE or current owner ALLERIA DR UNIT 6 P 0 BOX 7367 OSf CA INCLINE VILLAGE NV APN 50363076 LIANIDES MARK C TRUSTEE or current owner 20700 4TH ST UNIT 6 SARATOGA CA APN 50363077 LEPIANE SYLVAN E or current owner 15890 SHANNON RD LOS GATOS CA 89452 APN 50363079 CHIAVETTA GARY G AND MADELINE S TRUSTEE or current owner 19548 CHARDONNAY UNIT CT SARATOGA CA APN 50363082 KAO MABEL TRUSTEE or current owner 20800 4TH ST UNIT 12 SARATOGA CA APN 50363085 MCCURDY HELEN C TRUSTEE or current owner NICCI WINNER/EST OF HELEN MCCURDY 8 RIVERVIEW DR TOLA CA 95010 50363088 ?L#CKA JOSEPH A AND MILDRED I TRUSTt=E or current owner 20800 4TH ST UNIT 6 3ARATOGA CA APN 50363080 GASIK KATHRYN TRUSTEE or current owner 159 OLD ADOBE RD LOS GATOS CA 95032 APN 50363083 LAWSON LINDA AND RONALD or current owner 14090 ELVIRA ST SARATOGA CA a AVERY® 5160® APN 50363062 KIRK GEORGE E AND NANCY G TRUSTEE or current owner 20270 LA PALOMA AV SARATOGA CA APN 50363065 JACKSON DEBRA D or current owner 20720 4TH ST UNIT 3 SARATOGA CA APN 50363075 LEUNG DENNIS C AND GRACE or current owner 20700 4TH ST UNIT 5 SARATOGA CA APN 50363078 GOLDMAN JOAN C or current owner 1624 LYLE DR SAN JOSE CA 95129 APN 50363081 ZANGER CARL F AND BETTY J TRUSTEE or current owner 10229 ADRIANA AV CUPERTINO CA 95014 APN 50363084 GILLEN LAWRENCE S AND LAURA N or current owner 6025 FOOTHILL GLEN DR SAN JOSE CA 95123 APN 50363086 APN 50363087 DUNCANSON ROBERT A AND YVONNE L TSAY CHEN-HUI AND LI MEI-CHUNG or TRUSTEE or current owner current owner 20800 4TH ST UNIT 8 3821 THOMPSON CREAK CT SARATOGA CA SAN JOSE CA 95135 APN 50363089 APN 50363090 LONG JOSEPH P JR AND SUSAN D or HU MIN HUEI or current owner current owner 20800 4TH ST UNiT 4 P 0 BOX 2095 SARATOGA CA SARATOGA CA Jam and Smudge Free Prirrting Use Avery® TfMPLATE 5160® APN 50363091 ALVORD FRED L AND DORINE or current owner 13782 CALLE TACUBA SARATOGA CA APN 50363094 ARCHER MICHAEL E AND GAYLE L TRUSTEE or current owner P 0 BOX 7367 INCLINE VILLAGE NV 89452 APN 50363097 PAOLI JENNIFER L ET AL or current owner 16280 LOS SERENOS ROBLES MONTf SERENO CA 95030 APN 50363100 MANZAGOL DONALD S AND KATHLEEN M TRUSTEE or current owner 23362 WAYFARER CT AUBURN CA 95602 APN 50363103 LINDBERG VERDA M TRUSTEE or current owner 20780 4TH ST UNIT 9 SARATOGA CA APN 50363106 RHEE PETER H or current owner 115D SCOTT BL STE D2 SANTA CLARA CA 95050 APN 50363109 BADER RICHARD F AND PATRICIA J or current owner 27720 MICHAELS DR SARATOGA CA APN 50363112 WARREN KATHRYN B ET AL or current owner 501 CLIFFSIDE CT PT RICHMOND CA APN 51734006 ALfORD GARY D ET AL or current owner 14593 OAK ST SARATOGA CA APN 51729002 GRACE LARRY W or current owner 146fi2 B BiG BASIN WY SARATOGA CA ~ vwvw.averycom ~~ 1-800-GO-AVERY APN 50363092 FLENNIKEN MATHEW T AND MILLER VALARY A or current owner 20800 4TH ST UNIT 2 SARATOGA CA APN 50363095 DUMONT DENNIS or current owner 20790 4TH ST UNIT 5 SARATOGA CA APN 50363098 GANZHORN HARRY E AND ELSBETH R TRUSTEE or current owner 15943 VIEWFIELD RD MONTE SERENO CA 95030 APN 50363101 TU MIKE M AND SHANLI HU or current owner 20780 4TH ST UNIT 11 SARATOGA CA APN 50363104 MEDEIROS ANNA K TRUSTEE or current owner ANNA MEDEIROS 20780 4TH ST UNIT 10 SARATOGA CA APN 50363107 GALE KATHLEEN M TRUSTEE or current owner 3720 CAPITOLA RD SANTA CRUZ CA 95050 APN 50363110 JIMENEZ NATALIA or current owner 20780 4TH ST UNIT 4 SARATOGA CA APN 51734004 CANNIZZARO ANTHONY J AND MARGARET J or current owner 19540 REDBERRY DR LOS GATOS CA APN 51734007 SIMPSON TAMARA J or current owner 14527 OAK ST SARATOGA CA APN 51729003 BROSTROM EDWARD H AND KAY C or current owner 14662 C BIG BASIN WY SARATOGA CA A~RY® 5160® APN 50363093 ' DIERKES CARL L TRUSTEE or current owner PO BOX 495 SARATOGA CA APN 50363096 ARCHER MICHAEL E AND GAYLE L TRUSTEE or current owner P 0 BOX 7367 INCLINE VILLAGE NV 89452 APN 50363099 TING SAI LUEN AND YE SHAO YING or current owner -20790 4TH ST UNIT 1 SARATOGA CA APN 50363102 SUNDERLAND MICHAEL J TRUSTEE or current owner 380 BRANHAM LN UNIT 206 SAN JOSE CA 95136 APN 50363105 ZAK CHRISTINE M or current owner 20780 4TH ST UNIT 7 SARATOGA CA APN 50363108 CARATOZZOLO JAMES R AND GAIL L ET AL or current owner 20435 CHALET LN SARATOGA CA APN 50363111 BURGER BERT AND VIVIAN D TRUSTEE or current owner 20780 4TH ST UNIT 1 SARATOGA CA APN 51734005 FOX KATHt=RINE J ET AL or current owner 14537 OAK ST SARATOGA CA APN 51729001 KEAST DENISE T or current owner 14662 A 81G BASIN WY SARATOGA CA APN 51729004 MARSHALL fRANK J AND JUDITH M TRUSTEE or current owner 14510 BIG BASIN WY UNIT #265 SARATOGA CA !am and Smudge Free Printing Use Avery® TEMPLATE 5160® ~-PN 51729005 iELUR HARISH or current owner C BIG BASIN WY TOGA CA -PN 51729008 BILLER HENRY S AND EVELYN J or current caner 23 LA RINCONADA DR .OS GATOS CA 95030 -PN 51729011 ~ENOVESE KAREN A or current owner 4650 C BiG BASIN WY ~ARATOGA CA -PN 51729014 ;ATHERMAN VIRGINIA C TRUSTEE or urrent owner ' 0 BOX 191 ~ARATOGA CA APN 51729017 'ARKER RUSSELL or current owner 4654 A BIG BASIN WY TOGA CA APN 51729020 IAYDON SANDRA L AND SANDRA L TRIT RUSTEE occurrent owner 35 ALTURA VISTA OS GATOS CA 95030 APN 517?9023 ~URRELL MARGARET C or current owner 4658 A BIG BASIN WY UNIT 9 ;ARATOGA CA ~ vvww.averycom , . a q~RY® 5160®. ~ 1-800-GO-AVERY APN 51729006 HANSEN-STORM CRAIG AND QUELLA CLAUDIA TRUST or current owner 14664 B BIG BASIN WY UNIT 15 SARATOGA CA APN 51729007 HENSLIN WILLIAM E TRUSTEE & ET AL or current owner 14666 A BIG BASIN WY UNIT 3 SARATOGA CA APN 51729009 PIZZILLO THOMAS A ET AL or current owner 14666 C BIG BASIN WY SARATOGA CA APN 51729012 LEISHMAN GAYLEN W AND ELIZABETH or current owner PMB 185 14510 BIG BASIN WY SARATOGA CA APN 51729015 BOWERS MARILYN H TRUSTEE or current owner 14652 D BIG BASIN WY SARATOGA CA APN 51729018 SMERDON GARY J AND WHEATLEY SANDRA L ET AL or current owner 14654 B BIG BASIN WY SARATOGA CA APN 51729021 WOLFE DONALD L or current owner 14656 C BIG BASIN WY SARATOGA CA APN 51729024 BRANDEBERRY JEROME E or current owner 14658 C BIG BASIN WY UNIT 26 SARATOGA CA ,PN 51729026 APN 51729027 :OSENTINO-ROUSH GEORGE E AND ABNEY JULIANNE K or current owner :05ENTINO PAUL or current owner 14660 A BIG BASIN WY 585 LITTLE FALLS DR SARATOGA CA AN JOSE CA 95120 ,PN 51729029 JONG FRANKIE W or current owner 'APN 4660 D BIG BASIN WY or current owner ARATOGA CA PN APN ~r current owner or current owner ;APN 51729010 MARSHALL FRANK J AND JUDITH M or current owner i .14510 BIG BASIN WY UNIT #265 SARATOGA CA ...APN 51729013 MOYLt=S DAVID P AND.DENISE B :TRUSTEE occurrent owner 20201 HILL AV SARATOGA CA :APN 51729016 SUN PETER T AND ROSA S E:T AL or current , owner BENJAMIN P SUN 19951 DURHAM CT SARATOGA CA APN 51729019 GRAHAM NANCY B TRUSTEE or current owner ;NANCY GRAHAM 1650 CAMERON RD 'ELK CA :APN 51729022 ANDERSON MARGARET M TRUSTEE or current owner 14656 B BIG BASIN WY SARATOGA CA APN 51729025 BLANCHARD ROBERT N or current owner 14658 B BIG BASIN WY SARATOGA CA ;APN 51729028 . HARTMAN DENISE S or current owner 14660 C BIG BASIN WY SARATOGA CA APN or current owner APN or current owner • Attachment 4 • C • • To: The City of Saratoga -Community Development With this application for a Conditional Use Penmit I, Tarek E1Jarrari, would like to propose a Planet Juice shop in an existing, approximately 960 square foot, vacant tenant space in the newly remodeled Corinthian Comers commercial complex. This shop will face Saratoga-Los Gatos Rd. and will be situated in the tenant space between Starbucks Coffee and Breakaway Bicycle Shop. Planet Juice is a friends and family owned and operated, state-of-the-art smoothie and juice bar, established in 1992. Planet Juice offers fresh fruit smoothies, fresh squeezed fruit and vegetable juices and various health products. Our mission at Planet Juice is to please health- conscious consumers of all ages with the healthiest drinks and to serve the best product possible. We will serve excellent products at a time when the demand for health-oriented food is increasing. Our smoothies will provide consumers with several fruit servings, making each of them a healthy refreshment. As there are currently no shops in the Village that offer our product and services, we will offer a healthy product that will provide enhancement and diversity to the Village. Planet Juice will add to the mix in the Village which in turn will help revitalize the activities in downtown Saratoga. The nature. of our product, and its packaging, renders it very "pedestrian-friendly" and being located at the entry or gateway to the Village, Planet Juice will be a strong draw for foot traffic to the Village. Because Planet Juice is a "pedestrian-oriented" business, it is not expected to have any significant effect on automobile traffic and parking. I propose that our hours of operation initially be from 7:OOAM to 10:00PM, Monday through Friday, and 9:OOAM to 10:00PM, Saturday and Sunday. Our peak hours are expected to be mid-morning (9:OOAM -11:OOAM), and mid-afternoon (2:OOPM - 4:OOPM), with seasonal variations. Our deliveries would be once a.week when there is no conflict with parking demands. I propose two Planet Juice signs, one for each fagade of this corner space. I anticipate having six interior and eight exterior seats. The store will probably employ eight people. Planet Juice is neither a major chain store nor a corporate conglomerate. It is based out of the San Francisco Bay Area and consists of a total of 9 stores currently in operation, all of which are owned and operated by friends and family-members of the founder. It was the unique ambiance of the village that initially attracted me to this site. In an effort to be consistent with the character and charm of the Saratoga Village, the interior of the shop will be elegant. To celebrate the heritage of the Saratoga Village the interior-walls will feature historical photographs of the Village and the city. Planet Juice would preserve and enhance the pedestrian character of the Village; it would encourage a mix of uses, and would be beneficial to the health and welfare of the community. with your assistance, suggestions and guidance, we hope to become contributing members of the Saratoga Village. Thank l T k 3906 Martin Dr. San Mateo, CA 94403 Tel.: 650-483-9466 Email: trntj 1023~a hotmail.com • Attachment 5 • • City of Saratoga Neighbor Notification Form Date: '' PROJEC ADDRESS: 5 ~ Applicant Name: ~ Application Number: • • Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the 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. 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 lans• I P ,_ 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:' ~ _~ ~flAP~r ~ ~ti Neighbor Address: ~~~ ~ti~~ ~'°~.~ ~ - ~50~ Neighbor Phone #: _ ~O$- 6a 1-5051 City of Saratoga Planning Department Signature: Printed: City of Saratoga Neighbor Notification Form Date: / ~ ~ i PROJECT DRESS: ~ ~.~ ...~, Applicant Name: ~~ ~ ~ C Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. L"JMy signature below certifies the followin : I have reviewed the ro'ect 1 g P J P~~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: ~ ~` ~~ t~l/~-ro Neighbor Address: ~ Dt ~ ~' / ~~~ ~ ~~ ~ ~ ~ Neighbor Phone #: ~ D ~ ~ / ~ l r / Signature: Printed: ,-- • • • City of Saratoga Planning Department _ City of Saratoga Neighbor Notification Form Date: ~ Qrj PROJEC ADDRESS: ~ ~ ~ ~ Applicant Name: ~ ~~t.kti/'~ai~'G Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. . 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 scone 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: ~~ ~k ~ ~~a Neighbor Address: ~~ ~' ~°4 ~~~ Neighbor Phone #: ~ ~ 0 ~~ 31 ~ 3~-I-G Signature: Printed: t City of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date: '_ /3 ~_ PROJECT ADDRESS: y ~ ~~ ~ ~ _ Applicant Name: ~/c.~~/'~y~~ Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. LJMy signature below certifies the followvn : I have reviewed the ro'ect 1 g P J P~;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: _~ ~~..r~'«%~, ~,`,~~jF ~ ~h~ _ ~-~-,p Neighbor Address: ~y Neighbor Phone #: ~- ~ ~ g - ~ ~~/~~ Signature: Printed: ~~~_~ • • • City of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date: ~ /(~ 6 r PROJE T DRESS: ~f/ ~' .-~ , Applicant Name: ~ ~ `~ ~ Applicarion Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. ~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 scone 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: ~B~eQ ; R1~ ~~ ~ `~,~~~. Neighbor Address: _ ~~~~ tG ~ ~fyl ~~~ - ~~~'~- U ~ ~/~ ~~ ~` 7 C~ Neighbor Phone #: 4 ~ g ~ (p `j - (p /QQ Signature: Printed: 1~~. ~~v~ ~ ~~~ ~~ ~ • City of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date: ~Gf y ~ 3, ~~~~ PROJECT ADDRESS: ~ L ~lC? ~~, /~/~ ~~ Applicant Name:. /~/'~' ~/sJ~'!'f~vt' . Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on your property. Regardless of the opinion expressed below, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. ~ Iy 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: ~-4--~i-S ~1~ s,;o vv`~ - _~-, Neighbor Phone #: ~~ ~ ~/ Signature: Printed: City of Saratoga Planning Department • • • Shweta Bhatt From: tarik jerary [tmtj1023@hotmail.com] Sent: Friday, June 30, 2006 12:08 AM To: Shweta Bhatt Subject: Planet Juice -emails of support Hello Shweta, Below are excerpts from a few of the emails I have recently received: Tarek; You have my support, and welcome to the Village of Saratoga....You and your business will be successful. It is a great location, a good business plan, and I want to be your first customer. Go for it.. Gene Zambetti Zambetti & Associates Judge Foster Building 14540 Big Basin Way, Saratoga, CA 95070 Tel.: (408) 741 033.2 -Fax: (408) 741 0312 Eugene Zambetti Land Use Consultant Tarek, Hey; I hope you are successful in getting your shop open, I'll definitely buy some smoothies, I get tired of eating stuff from my own restaurant, however there are not too many high quality places to grab a quick bit in the village at this point. Josiah Just wanted to let you know I absolutely love the idea of your store, Planet Juice, moving in to the Saratoga Village! Looking very forward to your opening! You will be an Excellent addition to the community! Kindest Regards, Gorrie Ose6erp Smith FINE ANTIQUES EUROPEAN Qualify European Furniture ° Design 6:; Consign w ~~•w.A ntiy uesE uropean.com 14413 Big Basin Way, Saratoga CA. 9070 (408)621-5051 Tarek, Welcome. We are so happy to have a healthy alternative coming to the village. I own the chocolate shop and we are always looking for a good, healthy lunch place! thanks, Mary Hi Tarek, I am very happy you like Saratoga. It is a beautiful area. I will be in the Chamber office on Friday.Please feel free to call me anytime so we can sit down and talk.The Chamber will be happy to help you any way we can. I am looking forward to meeting you. Warm Regards Chris Oakes • I am sure you would be welcome as a chamber member. Van. Vance Nelson (Van), Owner Money Mailer of West San Jose 4871 Pinemont Drive Campbell, California 95008 Dear Friends, I was glad to hear about Tarek and he has all my full support in opening up the Planet Juice! I think it will be an asset to our downtown. I will not be able to come to the meeting tom., but please let him know that he has all my support and if he has any questions he can contact me at my cell. Rick Ratra That's it for now. I will forward more to you as I receive them. Thank you, Tarek • Shweta Bhatt From: tarik jerary [tmtj1023@hotmail.com] Sent: Sunday, July 02, 2006 10:44 PM To: Shweta Bhatt Subject: FW: Planet Juice Hello Shweta, I hope you had a pleasant weekend. First, I have drawn out the proposed plan for the outdoor seating area which will hopefully "fit" onto the one you already have. I will be sending it over Monday morning with my brother. Please let me.know if it works. Second, please find below another email of support. Thank you, Tarek From: Carol Howard <cmachowardCa~wmcasl:net> To: tm1j1023Ca~hotmai/.com Subject: Planet Juice Date: Sun, 2 Jul 2006 21:15.08 -0700 >Dear Tarek, ,> >It was fun to meet you today in downtown Saratoga. We are delighted >to know that you plan to start a "Planet Juice" shop in Saratoga. I >We wish you a successful venture and look forward to patronizing >your establishment. Let us know when you plan to open. >Carol Howard and Jim MacDonald !> Express yourself instantly with MSN Messenger! .MSN Messenger Download today it's FREE! • Shweta Bhatt From: Shweta Bhatt Sent: Monday, July 17, 2006 5:14 PM To: 'tarik jerary' Subject: FW: application up 06-419 FYI -----Original Message----- From: Shweta Bhatt Sent: Monday, July 17, 2006 5:11 PM To: 'jschremppc~usa.net' Cc: Shweta Bhatt Subject: RE: application up 06-419 Hi Jim, Thank you for your email. I am the planner working on the Planet Juice application. Your email will be included as written communication for the project. Corinthian Corners Commercial complex is an existing commercial center, where the circulation pattern, parking, configuration, etc have already been established. It is difficult to ascertain the level of success that will be associated with the juice bar, and therefore it is difficult to predict a change in traffic pattern. Part of the expectation is that, due to its vicinity to the Village and the nature of the building facade, patrons of the juice shop will visit by foot. Naturally, both pedestrians and vehicular traffic are expected to use caution and follow applicable traffic rules. I hope this helps. Shweta. Shweta Bhatt Assistant Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 P: (408) 868 - 1266 F: (408) 867 - 8555 E: sbhatt~saratoga.ca.us -----Original Message----- From: John Livingstone Sent: Thursday, July 13, 2006 7:51 PM To: Shweta Bhatt Subject: FW: application up 06-419 • Hi Shweta, Please respond. Thanks John L -----Original Message----- ,From: Linda Rodgers [mailto:LindaRodgersQmsn.com] Sent: Thursday, July 13, 2006 11:25 AM To: 'Jim Schrempp'; Manny_Cappello~amat.com; jhunter95070~yahoo.com; jhlavaogdenQComcast.net; yanniezhao@yahoo.com Cc: Cathleen Boyer; Kundtz, Robert; Nagpal, Susie; John Livingstone Subject: RE: application up 06-419 Dear Mr. Schremp, Thank you for your participation in the design review process and your interest in the Village. I have forwarded your letter to John Livingstone to be included in the public comments on the application. Linda R. Rodgers Attorney at Law 21359 Toll Gate Road Saratoga, CA 95070 Telephone (408) 741-2282 Fax (408) 741-2283 -----Original Message----- From: Jim Schrempp [mailto:jschremppQusa.net] Sent: Wednesday, July 12, 2006 8:03 PM To: Manny_Cappello~amat.com; jhunter95070Qyahoo.com; lindarodgers@msn.com; jhlavaogden~Comcast.net; yanniezhao~yahoo.com Cc: ctclerk@saratoga.ca.us Subject: application up 06-419- Dear Commissioners, I am writing in regard to application UP 06-419. I recommend that you deny the conditional use permit for E1 Jarrari (Planet Juice Shop). I request that this email become part of the Planning Commission record. I have found that the risk of damage to people and property has increased since the Starbucks opened. I travel East on Big Basin way every day. I routinely observe traffic congestion on Big Basin Way immediately in front of Corinthian Corners. This congestion is caused by several factors. First, west bound traffic attempting to make a left turn across traffic to enter Corinthian Corners often has to wait. This encourages other west bound traffic to pass these waiting cars on the right. I also routinely observe automobiles leaving the Corinthian Corners small parking lot in a dangerous manner. Visibility is limited 'and the curve in Big Basin way, the small side street, and the major intersection, all combine to confuse drivers attempting to exit the parking lot. Thirdly, pedestrians are often attempting to cross Big Basin Way, their attention distracted by the cups of hot beverage they are marrying. All this adds up to a very dangerous condition. We are very lucky that there has not been a fatal accident yet. In the interest of public safety you should deny a use permit to any high volume addition to Corinthian Corners. i believe Planet Juice Shop will be such a high volume tenant and should be denied a permit to operate. If the city of Saratoga grants this use permit I believe it will significantly increase the risk to life and property at that corner. If the city of Saratoga approves this use permit, I believe the city will be exposed to claims of negligent endangerment when the inevitable accident. happens. Regards, Jim Schrempp 14587 Oak Street Saratoga jschrempp@usa.net www.jimschrempp.com • • Attachment 6 • Atoga , LLC Nasser Hiekali 4367 Clear Valley Dr. Encino CA 95030 July 10, 2006. Dear Shweta Tel (818)386-9369 ext 105 Tel (310}753-7210 Fax (818)386-9369 Please find the picture below the seating area for Starbuck as well as proposed Planet Juice. As you might aware city approved all these seating area which was part of our original permit for the Corinthian comer. Please call me if I can be of any further ,help. Regards, ~~ J Nasser Hiekali G .~ -G •~ J ~ ~ rte. ~ ~ ~ i ~ ~ ~ J . • I -.~~1 - 1 ..~ C.. • 1' • ~ Ks3.O ~oi.~ ~ ~- C. K•.r V'b ~ ~ ~t~ ~~ ` ... a f. Ft:'-- N P ~ ~ -~/r ~..-':-: ~~Fw ~ ~.. ... fem.. • • • • • Attachment 7 FEHR c~ FEEDS TRhRSVORihT14% COfiS~JLTAkTS MEMORANDUM Date: July 20, 2005 To: John Livingstone, City of Saratoga From: Sohrab Rashid, City Traffic Engineer Subject: Proposed Starbucks on Big Basin Way (SR 9) Traffic and Parking 1025-446 We reviewed -the previous staff report, parking study, and traffic study completed for the proposed Starbucks store to be located on the south side of Big Basin Way just west of Saratoga-Los Gatos Road. The studies were completed by Meyer, Mohaddes Associates (MMA) and examined the operations of the Saratoga Avenue (Big Basin Way) and Saratoga-Los Gatos Road (Saratoga- Sunnyyale Road) intersection and addressed site access and on-site circulation. The MMA traffic and parking studies estimated that 40 vehicles would enter and exit the site during the peak one-hour period in the morning. Fehr 8 Peers survey data from a Starbucks in Orinda and from one on Hillsdale Avenue in San Jose showed that the peak-hour trip generation was approximately 80 vehicles or double that included in the study. During the PM peak hour, the number of vehicles entering the site was approximately 25 or about 30 percent of the AM peak hour total. Thus, all of the traffic and parking analyses focus on AM peak hour operations. Off-site Traffic Issues Starbucks stores do not generate a substantial amount of new traffic in the area they serve. Typically, drivers already on the adjacent roadways stop at Starbucks on their way to another primary destination. These trips are referred to as pass-by or diverted trips. The Fehr & Peers San Jose store survey showed that Starbucks was the primary destination for only 22 percent of customers. The remaining 78 percent were traveling on the adjacent street or diverted from another nearby street to visit the store. Based on this data, the proposed project would generate approximately 18 new peak hour trips at the Big Basin Way/Saratoga-Los Gatos Road intersection during the AM peak hour. This volume is considered negligible. The remaining 62 trips would already be traveling on Saratoga Avenue, Big Basin Way, Saratoga-Los Gatos Road, or Saratoga-Sunnyvale Road and would turn into the site. Based on an average of about one vehicle per minute, the change to the operation of the adjacent signalized intersection is also expected to be negligible. Even if ten vehicles changed travel patterns within a one or two-minute timeframe, the change in delay would not be noticeable to other drivers. Parking Issues Based on a peak hour demand of 40 vehicles, the MMA parking study estimated a demand of 10 parking spaces assuming a wait time of 15 minutes. With our estimate of 80 vehicles during the peak hour, we estimate a parking demand of up to 20 vehicles at any one time in the morning. With an on- site supply of 8 spaces, up to 12 vehicles will use parking on Big Basin Way. Since most of the ether commercial establishments do not generate a substantial number of AM peak hour trips, this 355 N. Market Street, Suite 200 San Jose, CA 95110 (408) 278-1700 fax (408) 278-1717 www.fehrand~eers.com • FEH~ St. PEEft~ TpANSPOpTATIOA COMYUL'AXTS Mr. John Livingstone July 20, 2005 Page 2 demand could be accommodated by the existing on-street supply or nearby public lots. The only parking-related issue is the possibility of patrons parking on the north side of Big Basin Way and crossing the street mid-block instead of using the crosswalk at the Saratoga-Los Gatos Road spur. This is an issue for any establishment in the village commercial district and is typically addressed through enforcement. Additional signage could be installed if this issue becomes a consistent problem. Site Access/On-Site Circulation The previous staff report included two recommendations: 1) widening the Big Basin Way driveway from 16 to 20 feet to improve fuming movements into and out of the driveway; and 2) restriping the driveway on the Saratoga-Los Gatos Road spur to allow both inbound and outbound movements instead of outbound only. We concur with these recommendations. • 1 • 2 • Attachment 8 • ~~ '~ ~ ~ ~~ ~~~W ~y E. I F ~V± '.j `- ~.'zx: ~, }. 1 , y- ~ r,f f ~' S • ~~a'1 w +r ~ x +' ~ s~.! ~~ ~~~ r. ' } R~~r rr~~ r ^;' . ~I ~ ~,~,. L~ ~ ~~_t r r'~i~ ~ ~~_. Si ~ -~. ~. trJ i. ~ i ~ ~ ~ e~o~ ~ ~ ,~ ~~. - ~ ~ ' l t~ ~ ~ 4 , ~ r ~ f~ ' ` i~ ~ t ~j , ,3 .~` ' ~; ~ . n ~ ~~~~ ~~ k , d • ~ e ms ~ rwr ~7~.u:~ L 't is 4 f~ I Attachment 9 • • • 14,6"~ O wood ~ ~\ ~ ~~110 ~ s~ ~ ~ 3 "' ~ ~t 11Dln a 1~°~ ~~,r~~n ~~-- ~~+ n~ ol5'i c~c-~-~L s- vl E ¢ a~ ~a w d ~ v Y 3 I va.!fA ~+o(Y~ H A ~ 4Y+0'~ a. 0 f' u c s 0 U dom. .~>, ~ „o ~ ~~ 0 ~_~. _.. ... .. O N ~ F- ~. 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Vrt~„1 7 nM i r , r rr,Q 1"•1.11 ~ In ,lr +lle:r o ,nlo.l~n !•~ r a• a 1 r_rna;H,. aon;,.,, ,.ln„~,11a +• +t, + ~~+' t: 11 >; B-91 Zoning Code Amendments July 26, 2006 !71 TL. .1' rlen;..., ,.1 n., nl,nll ;.,.a;r.nto ~r,;nl,o.a n ., 4;r,,,rn4;.,,,~. n,.,.a olc.rn4;.~.«e, ..~tb.o. / a- a a- r w ~ > > > ~~ Tl 4 4' ~ '1 4 4, o ,,,.1, n4;., r. 4L,n r,4n n•e .,F .. n44o m u«~r 7 f3aC-:~3: ' C l ~ l a ~ rl ~ nt ;,~, 1,.,,-~i.,,,lt„rnl roln4e.a ~ol.a nL, 1• a ..4 Y nll .. ..r1,,..4 n ..n o , 'rl 4'fi ' rl ~n;o,,,n;on 4n, 41.e !"';4.: n++.7 4r, tl,e n, o ..f'ro....r .7 f J b J ~ s c f f ' . 6fiiloTs~ 1 F B-92 Zoning Code Amendments July 26, 2006 ~i ~ e• i. ~i i. ~oa +,. ;ae„~;~:. ~i.o .,,,,ao~ ., „ vv.,r,..~e „~,.,.,~e,- o~•~~:o„~ ~.,,,a~,..,..o „~a J 1 i-LllltlVll~ GLl ll ~/ 7 rn~~ • .n4o.• o~~i,; ev,4 4ti, o,v,e > > > • • • > > > > ~ ~ i. ~ ~•~~, i. ----- r------------- i..,» ~e e ---- -- - ~~.,i.~;~i,oa i... +t - .. ,e r;f~, i n..a ~i i i ~ ~ T-V-Y i i„,,,.~ i ~o~ 1 .41 GL1 ~, 1.~ +er „tee in.-a ~ i ~ i ~ ~ ~ i,..,,h~ ~ nm~ ~v-a , • ~ Feb l~ ~` 3~ 3~r1 ~g ~ 9st l~ lies a ~-5 ~ ~ 4~ ~5 ~ 6-5 ~ ~ ~ ~ ~:A 4~-3 C-~a ~` 3ese [Comment 3.7J § 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the / B-93 Zoning Code Amendments July 26, 2006 City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. To complement se~ext and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. (Amended by Ord. 226 § 2 (part), 2003) § 15-55.030 Variation from standards. A conditional use maybe permitted by a use permit to have different site area, density, structure height, distances between structures, site coverage, front, side and rear setback area minimums and off-street parking and loading requirements, other than as listed under the specific regulations for unconditional permitted uses in the zoning district in which it lies:; , ......., . --, --- --------------- - o - - - .i '~ + o..;~...,ll..,........;.lo.a ;,,_ A,.t;..to 1 C G~ .,f'~L.:~ !"~1,.,,.~o.- Y nr ~ r [Comment 3.2J § 15-55.080 Action by Planning Commission. (a) The Planning Commission may either grant or deny the application for use permit. If granted, the use permit may be revocable, maybe granted for a limited period of time, and maybe granted subject to such conditions as imposed by the Planning Commission. (b) The use permit shall become effective upon the expiration often fifteen days following the date on which the use permit was granted unless an appeal has been taken to the City Council pursuant to Article 15-90 of this Chapter. [Comment 1.13J § 15-55.090 Expiration of use permit; extensions. -` (a) A use permit granted pursuant to this Article shall expire ~~e~~ thirty-six months from the date on which approval of such use permit became effective, unless prior to such expiration date a building permit is issued and construction is commenced and prosecuted diligently toward completion on the site or structure constituting the subject of the use permit, or a certificate of occupancy is issued for such site or structure. B-94 Zoning Code Amendments July 26, 2006 (b) A use permit maybe extended for a period or periods of time not exceeding ~~x twelve months, for a total maximum use permit life of fort~ei~ht months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 15-55.060 of this Article. Extension of a use permit is not a matter of right and the approving authority may deny the application or grant the same subject to conditions. [Comment 3.11J Article 15-56 SECOND DWELLING UNITS 15-56.010 Purpose. 15-56.020 One second dwellin:~ unit per site. 15-56.030 Development standards. 15-56.040 Inspections. 15-56.050 Legalization of existing second d~~~elli~l~ units. § 15-56.010 Purpose. The purpose of this Chapter is to authorize the establishment of second. dwelling sew g-units in single-family districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of second dwelling se units will promote a stable heterogeneous community with a balanced social and economic mix. (Amended by Ord. 218 § 2 (part), 2003) § 15-56.020 One second dwelling unit per site. Only one _second dwelli.n~ unit shall be allowed pelted on any one site. (Amended by Ord. 218 § 2 (part), 2003) [Comment 3.2J § 15-56.030 Development standards. Except as otherwise provided in Section 15-56.050, each second dwelli~l~ unit shall comply with all of the following development standards: • B-95 Zoning Code Amendments July 26, 2006 (a) Lot size. T~+''.... __a ____± '- . ~_ -'' -a ~- ~'_'° "'^'-" `-''~'°'-'-'-r`~The net site area of the lot-upon which the second dwcllina unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot. (b) Unit size. The second dwelling unit shall be at least four hundred square feet and shall not exceed twelve hundred square feet of living space, not including the garage. If a second dwelling unit has a basement, the area of the basement is included as part of the total maximum allowed. (c) Building codes. The second dwelling unit shall comply with applicable building, health and fire codes. (d) Zoning regulations. The second dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). A one- time ten percent increase in site coverage and allowable floor area maybe granted by the Community Development Director if the new second dwelling unit is deed restricted so that it may only be rented to below market rate households. (e) Parking. A minimum of one off-street covered parking space within a garage shall be provided for the second dwelling; unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement maybe waived if the second dwelling unit is deed restricted so that they may only be rented to below market rate households. If the garage requirement is waived, an open parking space must be provided. (f) Access. The second dwelling unit shall be served by the same driveway access to the street as the existing main dwelling. (g) Common entrance. If the second dwelling unit is attached to the main dwelling, both the second dwell.i.ng; unit and the main dwelling must be served by either a common entrance or a separate entrance to the second dwelling unit must be located on the side or at the rear of the main dwelling. (h) Limitations on number of bedrooms. A se second dwelling unit may not have more than two bedrooms. (i) Appearance. All new construction to create a ~°°^„a^~~''~~~' second dwelling unit must match the existing main structure in color, materials and architectural design. (Amended by Ord. 218 § 2 (part), 2003) § 15-56.040 Inspections. (a) Where the application is for legalization of an existing second dwelling unit or approval of a proposed unit to be attached to the main dwelling an inspection of the property shall be conducted to determine that the existing second dwelling unit, and any main dwelling to which a second dwelling unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or by an B-96 Zoning Code Amendments July 26, 2006 independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) Each existing second dwell~n~ umt and a main dwelling, to which a second dwelling unit will be attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative. Any recommendations by the Fire Marshall shall be included as ~-conditions for the granting of a building permit. Such recommendations may include the connection of the second dwelli~t~ unit to an existing or proposed early warning fire alarm system installed in the main dwelling. ' (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the authorization to construct a new second dwelling unit or the legalization of an existing second dwelling unit, pursuant to this Code, ' r~resent a warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. (Amended by Ord. 218 § 2 (part), 2003) § 15-56.050 Legalization of existing second dwelling units. (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Second dwellin~T units currently exist which were created prior to the adoption of this Article. In order to encourage the legitimating of such units under the law, the owners of property on which second dwelling units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second dwelling units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing second dwelling units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second dwelling units established prior to February 19, 2003 but after August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any second dwelling unit established from and after February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application to legalize an existing second dwelling unit shall be filed with the Community Development Director on such form as shall be prescribed. The application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off- street parking spaces on the site. B-97 Zoning Code Amendments July 26, 2006 (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15-56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Community Development Director: (i) A topographic map of the site showing contours at intervals of not more than five feet; and/or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (6) If the existing second dwelling unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site (d) Standards. Existing second dwelling units shall comply with the following standards: (1) Where the second dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director that the second dwell.in.~ unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the second dwelling unit shall comply with the Uniform.Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the second dwelling unit maybe waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the second dwelling unit shall be screened from view from the street, if possible; otherwise, the driveway on the site maybe utilized as a parking space for the second d~vellin~ unit. (4) Where the second dwelling unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Deparhnent. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the second dwelling unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay lus proportionate share of the installation cost. (e) Disqualified existing units. Any second dwelling unit established prior to February 19, 2003 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The existing second dwelling unit shall comply with the standards set forth in subsection (d) of this Section. 8-98 Zoning Code Amendments July 26, 2006 (2) The existing second dwelling unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (f) Burden of proof. Wherever in this Section the legalization of an existing second dwelling unit depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (Amended by Ord. 218 § 2 (part), 2003) § 15-60.010 Temporary uses allowed by permit. (a) For the purposes of this Article, the term "temporary use" means an activity described in subsection (b) of this Section, whether profit ornon-profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total often days within a thirty day period, the application maybe acted upon and a temporary use permit issued by the Commlu~ity Development i~g Director; otherwise, the application shall be acted upon by the Planning Commission. (b) The following described temporary uses maybe permitted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article: (1) Art shows. (2) Craft shows. (3) Antique shows. (4) Outdoor sales on public or private property. (5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code. (6) Home tours. (7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes. (8) Additional temporary uses added by the Planning Commission in accord with Section 15- 60.050. (9) Temporary on-site and off-site signs in conjunction with the above uses: § 15-60.020 Application for use permit; fee. Application for a temporary use permit shall be filed with the Community :Development Wig-Director, on such form as he may prescribe, at least thirty days prior to the proposed date of the event. The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council, and shall include the following: (a) Name and address of the applicant. (b) Statement that the applicant is the owner of the property or is the authorized agent of the owner. (c) Address or description of the property on which the use will be conducted. (d) Two copies of a site plan which shall include the following: (1) Designation of area to be occupied by the use. (2) Existing structures and improvements. (3) Provision for off-street parking. (4) Site location diagram. B-99 Zoning Code Amendments July 26, 2006 (5) Identification of all property owners and uses within a radius of five hundred feet from each boundary of the site. (e) A written description of the event to include: (1) Activities planned during the event. (2) Days and hours of operation. (3) Sales of goods (if any). (4) Number of people involved in operating the event and number of people anticipated to attend. (5) Explanation of how and where food (if any) is to be served. (6) Explanation of the number and location of sanitary facilities to be provided. (f) A location diagram and drawing of any temporary signs proposed for identification of the use or off-site direction to the use. Off-site sign proposals must be accompanied by written statements of authorization signed by the owners of the sites on which said signs are to be located. § 15-60.030 Issuance of use permit; conditions. (a) The Commm~ity Development ~gDirector or the Planning Commission, as the case maybe, may grant a temporary use permit upon a finding that the temporary use is compatible with the purposes and objectives of this Chapter, and in doing so shall impose such reasonable conditions as circumstances may require, including, but not limited to, the following: (1) A refundable clean-up deposit, in such amount as maybe appropriate. (2) Limitation on the length of time, the days of the week, and the hours of the day during which the activity maybe conducted. (3) Approval by the County Health Department if food is to be sold in connection with the activity. (4) Approval by the chief of the fire district in which the activity will be conducted if such activity involves any risk of fire, explosion, or other similar hazard. (5) Approval by the Sheriffs department if the activity requires any traffic or crowd control or involves any potential threat to the public safety. (6) Provision for sanitary facilities. (7) Limitation on the size, number, location and duration of temporary signs advertising the activity. (b) The Community Development Wig-Director or the Planning Commission may deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval for the identical use by the same applicant shall not be given more than once in a twelve-month period. § 15-60.060 Appeals. Any determination or decision by the Community Development ~g Director or the Planning Commission under this Article maybe appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. B-100 Zoning Code Amendments July 26, 2006 § 15-65.030 Exemption of nonconforming single-family and multi-family dwellings. (a) This Article shall not apply to a lawfully established single family dwelling constituting a main structure located within any A, R-1, or HR district or a lawfully established multi-family dwelling located within any R-M district; provided, however, any alteration, modification or expansion of such nonconforming structure shall comply with the regulations of this Chapter or a variance must be obtained for such alteration, modification or expansion pursuant to Article 15- 70 of this Chapter. (b) E?cistin~ second dwellin, units that have not been legalized pursuant to C;ha~~ter_ 15 are not exempted from this Article and must be discontinued in accordance with r " ~ ° w....~ .~ Section 15-65.110 ' ~+ ~ +'~ '' ' '+' '"' "* (Amended by Ord. 71.113 (part), 1992) [Comment 3.2J § 15-65.040 Routine maintenance; limitation on repairs. (a) Subject to the provisions of this Section, routine maintenance and repairs may be performed upon a nonconforming structure or facility for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with the requirements of law. (b) Incidental alterations to a nonconforming structure or facility may be permitted, provided such alterations do not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter. (c) Structural alterations to a nonconforming facility may be permitted only to accommodate a conforming use or when made to comply with the requirements of law. (d) Structural alterations to a nonconforming structure may be permitted when necessary to comply with the requirements of law, or to accommodate a conforming use when such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter, or do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. In no case shall the value of the structural alterations performed during any one- yearperiod exceed ten percent of the replacement cost of the building prior to such alteration, unless such building is changed to a conforming structure. § 15-65.100 Replacement of damaged or destroyed nonconforming structure. (a) A nonconforming structure which is damaged or destroyed may not be reconstructed or replaced, except as follows: (1) When the entire structure is reconstructed or replaced as a conforming structure; or B-101 Zoning Code Amendments July 26, 2006 (2) When the damage or destruction affects only a portion of a nonconforming structure, which portion does not constitute or contribute to the noncompliance, such portion maybe reconstructed or replaced to its previous configuration; or (3) When the damage or destruction affects only a portion of a nonconforming structure, which portion constituted or contributed to the noncompliance and does not exceed fifty percent of the floor area of the entire structure, such portion may be reconstructed or replaced to its previous configuration. In no case shall such reconstruction or replacement create, cause or increase any noncompliance with the requirements of this Chapter. (4) Any reconstruction or replacement permitted under this Section shall not extend or otherwise modify the required termination date for the nonconforming structure as established by Section 15-65.110 and applied to such nonconforming structure prior to the reconstruction or replacement. (b) Except as otherwise provided in this Section with regard to reconstruction or replacement of a portion of a structure to its previous nonconforming condition, all reconstruction or replacement shall be subject to all applicable laws, regulations and procedures otherwise governing construction on the site at the time such construction is undertaken. The reconstruction or replacement work shall be commenced within one year from the date of damage or destruction and prosecuted diligently to completion. § 15-65.130 Determination of age. (a) The age of a structure, excluding signs, shall be computed from the recorded date of its completion, if available, or otherwise shall be deemed to be one year subsequent to the issuance of a building permit for such structure. If an addition to a structure was lawfully constructed which had at the time of its completion a value of more than seventy-five percent of the value of the original building, or which increased the ~ floor area of the original building by more than seventy-five percent, the age of the structure shall be computed from the recorded date of completion of the addition, if available, or otherwise such date shall be deemed to be one year subsequent to the date of issuance of a building permit for such addition. When the age of a structure cannot be determined by any of the foregoing means, the step Community Devel~ment Director shall estimate the age for the purposes of this Article: (b) The age of a sign shall be computed from the date of its installation, if available, or otherwise such date shall be estimated by the c-te~ Community Development .Director. § 15-65.140 Authorization of nonconforming uses and structures by use permit or variance. (a) The Planning Commission may authorize the continuation of a nonconforming use through the granting of a use permit pursuant Yo Article 15-55 of this Chapter; v, ~ n ° „ uvvvi uu.aa° ~ a + a°ra~ ~a ,. „ ,.,,°„~~ r~ ~ ,.*~, , ~..t:°,° , c c~ ,.~+,,;~ r~..,,.+°,.. Upon the f °`1„ r granting of such use permit, the-use shall no longer be considered nonconforming and shall thereafter be continued in compliance with such conditions as may be specified in the use permit. A use permit for an otherwise nonconforming use maybe granted only if the Planning B-102 Zoning Code Amendments July 26, 2006 Commission is able to make all of the following findings, which shall be in lieu of the findings listed in Section 15-55.070: (1) That the use or structure is compatible with the objectives of this Chapter and the purposes of the district in which it is located. (2) That the use or structure and the conditions under which it will be continued, will not be detrimental to the public health, safety or welfare. (3) That the use or structure, and the conditions under which it will be continued, will be compatible with and not detrimental to the land uses and properties in the surrounding area. The use permit maybe granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, but not limited to, required improvements or modifications to the property, limitations on hours of operation, limitations on nature of operations, and the construction and dedication of public facilities reasonably related to the continuation of the use. The use permit may either allow the use to be continued indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise applicable to the use under the provisions of Section 15-65.110. The use permit shall also be revocable and subject to the continuing jurisdiction of the Planning Commission. (b) The Planning Commission may authorize the continuation of a nonconforming structure through the granting of a variance pursuant to Article 15-70 of this Chapter, if all of the findings prescribed therein for such variance can be made. Upon the granting of a variance, the structure shall no longer be considered nonconforming and shall thereafter be continued in compliance with such conditions as maybe specified in the variance; provided, however, that any alteration, expansion, enlargement or other modification of such structure shall either comply with the regulations of this Chapter or a further variance for such alteration, expansion, enlargement or other modification must be obtained pursuant to Article 15-70. The variance maybe granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, but not limited to, required improvements or modifications to the property, and the construction and dedication of public facilities reasonably related to the continuation of the structure. The variance may either allow the structure to be continued indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise applicable to the structure under the provisions of Section 15-65.110. § 15-65.160 Nonconforming sites. A lawfully created site having an area, frontage, width or depth less than the minimums prescribed for the district in which the site is located maybe used for a permitted or conditional use, but shall be subject to all other regulations for the district in which the site is located, except the following: (a) Where the width of a site does not conform with the standard for the district, the minimum width of interior side setback areas-yams for first floors shall be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side setback area for first floors of a corner lot shall be not less than twenty percent of the width of the site or fifteen feet, whichever is greater. The second floor setback area for interior and exterior lots shall be increased an additional five feet. B-103 Zoning Code Amendments July 26, 2006 (b) Where the depth of the site is less than the standard for the district, the rear setback area shall be twenty percent of the depth of the site or twenty feet, whichever is greater. (c) In the event the setbacks in subsections (a) or (b) of this Section are determined to be greater . than those in the applicable zoning standard, then the zoning standard shall apply. (Amended by Ord. 71-106 § 11, 1992; Amended by Ord. 216 § 2 (part), 2002) Article 15-70 VARIANCES 15-70.010 Purpose of Article. 15-70.020 Authority to grant variances. 15-70.030 Application for variance; fee. 15-70.040 Investigation and report by Community Development Director. 15-70.050 Public hearing by approving authority; notice. 15-70.060 Findings required for granting of variance. 15-70.070 Action by approving authority. 15-70.080 Expiration of variance; extensions. 15-70.090 Revocation of variance. 15-70.100 New application following denial or revocation. 15-70.110 Appeals to City Council. § 15-70.020 Authority to grant variances. (a) The Planning Commission is designated as the approving authority under this Article with power to grant variances from the regulations prescribed in this Chapter with respect to site area, site frontage, width-and depth, and coverage, setbacks for front, side and rear setback areas ~.,,.a~, ~:a° ;•~:a~ ~ a r°..~ ~ may, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion ofnon-conforming structures, in accordance with the procedures and requirements set forth in this Article. (b) No variance for setbacks shall be required for new main and accessory structures proposed to be built where: (1) The building pad has been graded pursuant to an approved tentative map, recorded final map and approved grading plan, consistent with the final map; or (2) The location of the building site was an important factor in approving the subdivision, as demonstrated by a preponderance of evidence, such as supplemental site. development plans, discussion in staff reports or public hearing minutes, applicable environmental documents, adopted findings and a resolution approving the project and in adopted conditions of approval. (3) In the event that new main and accessory structures proposed to be built meet the criteria set forth in subsections (b)(1) and (b)(2) of this Section, those setback requirements in effect at the time the tentative map was approved shall apply. The Community Development Director shall determine the applicability of this subsection. The Director's decision shall be subject to appeal pursuant to Section 2-05.030. Relief granted under this subsection does not relieve the project from other applicable requirements of this Chapter. B-104 Zoning Code Amendments July 26, 2006 (Amended by Ord. 71.99 § 28, 1991; Ord. 71-106 § 12, 1992; Ord. 71-155 § 1, 1995) § 15-70.030 Application for variance; fee. (a) Applications for a variance shall be filed with the Community Development Director on such form as he shall prescribe. The application shall include the following: (1) Address or description of the property. (2) Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter which would result from a strict or literal interpretation and enforcement of a specified regulation of this Chapter, together with any other data pertinent to the findings required for the granting of a variance, as prescribed in Section 15-70.060. (3) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the locations of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing. (4) An accurate scale drawing of the site, showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pathways, off-street parking and off-street loading facilities and landscaped areas. (5) A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public hearing as determined by the Community Development Wig-Director. § 15-70.040 Investigation and report by Community Development Ala-nag-Director. The Community Development ~gDirector shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the approving authority. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.010 Exceptions to setback area requirements. 15-80.020 Exceptions to height limitations. 15-80.030 Special rules for accessory uses and structures in residential districts. 15-80.035 Requirements for basements and lightwells. 15-80.040 Undergrounding of public utilities. 15-80.050 Maintenance of landscaped areas. 15-80.060 Storage in unimproved right-of--way prohibited. 15-80.070 Stadiums prohibited in all districts. 15-80.080 Radio and television antennas. 15-80.090 Early warning fire alarm system. 8-105 Zoning Code Amendments July 26, 2006 15-80.100 Construction trailers. 15-80.110 Covenants for easements. § 15-80.010 Exceptions to setback area requirements. (a) Architectural features, including sills, chimneys, weather vanes, cornices and eaves may not extend into a required side setback area met-more than three feet into a required front or rear setback area more than four feet, or into a space between structures on the same site ~ more than eighteen inches, ~ €eet: (b) Aboveground balconies, porches, decks, platforms, stairways and landing places, which are open, unenclosed, uncovered and no part of which is more than four feet above finish grade, may extend into a required setback area- or space between buildings not more than four feet. (c) Open, unenclosed and uncovered walks, driveways, parking areas, decks, platforms and patios, which are not more than eighteen inches above finish grade, and fences, walls, hedges and retaining walls, maybe constructed within any required setback area yard, subject to other applicable limitations prescribed by this Chapter. (d) Bay windows, belev~which are at least eighteen inches above the finished floor level may overhang and extend into any required setback area- for a distance not exceeding two feet. (Amended by Ord. 71.91 § 5, 1991 and Ord. 71.86 § 5, 1990; Ord. 71-163 § 1 (part), 1996) [Comments 3.9 and 3.lOJ § 15-80.030 Special rules for accessory uses and structures in residential districts. The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district: (a) Stables and corrals. Subject to approval by the Community Development Director, lino stable or corral, whether private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent. (b) Swimming pools. Subjectto approval by the Comrntmity Develournent Director, lino swimming pool or accessory mechanical equipment shall be located in a required front, side or rear setback. area ~, except as follows: (1) A swimming pool and accessory mechanical equipment maybe located within a required rear setback area ,but tlae water line of the swimn~i~i~ pool may be no closer than six feet from $_ 1(~ Zoning Code Amendments July 26, 2006 any property line. Any portion of such swimming pool that is located outside of the rear setback: area shall comply with the side setback area requirements for the site. (2) If the required minimum side setback area is more than ten feet, accessory mechanical equipment maybe located within such side setback area yam, but no closer than ten feet from the side yam lot ~~}-line. (c) Recreational courts. Subject to approval by the Community :Development Director, recreational courts maybe allowed, provided that such recreational courts shall comply with all of the following restrictions, standards and requirements: (1) The recreational court shall not exceed seven thousand two hundred square feet in area. (2) The recreational court shall not be illuminated by exterior lighting. (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front yam or ~-~~~ ~°°••~r°a side setback area .Such courts maybe located within a required rear setback area , but no closer than fifteen feet from any property line. (6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope often percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the star Community Development Director, so as to create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the ' ' s~ Community Development Director, shall be furnished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan. (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of--way on or in the vicinity of the site. (d) Enclosed accessory structures. No enclosed accessory structures shall be located in any required setback area ~ of any lot, except as follows: (1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures maybe B-107 Zoning Code Amendments July 26, 2006 located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height often feet if the structure is still located within the required rear setback area . (2) Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in grass floor area, maybe located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height often feet if the structure is still located within the required rear setback area yard. This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unenclosed garden structures. Subject to approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains, free-stand.in~ fa-eplaces and play structures maybe located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height often feet if the structure is still located within a required side or rear setback area . (f) Solar panels. Subject to approval by the ~ c~er Community .Development Director, solar panels not exceeding six feet in height maybe located within any portion of a rear setback area . (g) Barbeques. Subject to approval by the Comnnrnity Development Director, Ppenmanent barbeques, such as those constructed out of brick or masonry, maybe located no closer than six . feet from the rear property line and shall not exceed four feet in height. (h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section and subject to approval. by the Co~nmim.ity Development Director, accessory structures not exceeding fourteen feet in height maybe located in a required rear setback area in any R-M district, provided that not more than fifteen percent of the rear setback area area shall be covered by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side setback area on the abutting lot and not closer to the exterior side property line than the required front setback area ~ of the abutting lot. (i) Referral to Planning Commission. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections ~), (b~c), (e), (fl, (~) and h 'a"",'°' ^„a_trl of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. (j) Exceptions to 1~4edi~~satie~ref standards. The Planning Commission shall have authority to grant exceptions to ~ any of the regulations set forth in subsection (a throu~l~li) , B-108 Zoning Code Amendments July 26, 2006 (~E~-e~(g} of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear setback area , through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. (k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed between the lot line and any required front, side or rear setback area setback line. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. Outside a required front, side, or rear setback area , an emergency or stand-by generator maybe permitted upon the granting of a conditional use permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified Acoustical Consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal ofnon-conforming generators maybe required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling. (1) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear yam setback line. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided however, that removal ofnon-conforming HVAC equipment maybe required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling. (Amended by Ord. 71.86, 1990; Ord. 71.98 § 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 § 1, 1998: Ord. 231 § 2, 2004) [Comments 1.14, 3.12 and 3.13J § 15-80.035 Requirements for basements and lightwells. The following requirements shall apply to basements in any A, R-l, HR, R-OS or R-M district, with the exception of requirements in subsections (d) and (e) of this Section, which shall apply to all districts: (a) A basement shall be located entirely beneath the building footprint of an enclosed accessory structure and/or the building footprint of the main structure, including attached garage, and shall not be located within any required setback area . (b) A lightwell shall not be located within any required setback area and shall not be wider than four feet as defi~.ied in Section 15-06.405. B-109 Zoning Code Amendments July 26, 2006 (c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling framing members. (d) All proposed basements and additions to basements shall obtain geotechnical clearance. The applicant shall submit to the Planning Department a geologic and geotechnical report prepared by a certified engineering geologist and registered geotechnical engineer. The geologic report shall include an analysis of groundwater conditions (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby city storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Department. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES). The size of a proposed basement maybe limited based on drainage issues or issues raised in the geologic and geotechnical reports. (Ord. 209 § 2 (part), 2002; Ord. 229 § 2 (part), 2004) [Comments 1.7 and 4.3J § 15-80.050 Maintenance of landscaped areas. A landscaped area provided in compliance with the regulations of this Chapter or as a condition of any use permit, variance, design review or other approval granted hereunder, shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the owner as may be prescribed by the Community Development Director. § 15-80.080 Radio and television antennas. (a) Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise: (1) Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the reception or transmission of electromagnetic waves which system is "mod a:f:f xed to an antenna support structure or ~aEked affixed to the exterior of any building. The term includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which maybe mounted upon and rotated through a vertical mast, tower or other antenna support structure. (2) Antenna support structure means any mast, tower, tripod or other structure utilized for the purpose of supporting one or more. antennas. B-110 Zoning Code Amendments July 26, 2006 (3) Licensed amateur radio station antenna means an antenna owned and utilized by a federally licensed amateur radio operator. (4) Satellite dish antenna means any dish-shaped antenna designed to receive and/or send satellite signals for the purpose of television or radio reception, or other telemetry communication, having a diameter greater than three feet. (b) Limitation on number. Not more than one ground-mounted antenna support structure for a licensed amateur radio station antenna and not more than one satellite dish antenna shall be permitted on each site; provided, however, that upon the granting of a use permit pursuant to Article 15-55 of this Chapter, a second ground-mounted antenna support structure for a licensed amateur radio station antenna maybe allowed where: (1) The site is one acre or greater in size; (2) The height of each antenna does not exceed fifty-five feet; and (3) The Planning Commission finds, in addition to the findings required under Section 15- 55.070, that by reason of the size, topography, landscaping or other special characteristics of the site, the installation of two antenna support structures having a height below the limit prescribed in subsection (e)(3) of this Section will mitigate the visual impact upon adjacent properties and public rights-of--way to a greater extent than the installation of a single antenna support structure. (c) Building permit required. A building permit shall be required for the installation or construction of any satellite dish antenna or any ground-mounted antenna support structure in excess of thirty feet in height. No such permit shall be issued unless the antenna and the support structure comply with the regulations set forth in this Section. Applications for a building permit shall be made upon such form prescribed by the City and shall be accompanied by the following items: (1) Type and description of the antenna and its support structure, including size, shape, height and color. (2) Plot plan showing the location of the antenna and its support structure on the site, including. distance from structures, property lines, street lines, setback lines and exposed utility lines. (3) Construction drawings showing the proposed method of installation. (4) Manufacturer's specifications for the antenna support structure and installation requirements, including footings, guy wires and braces. (5) Copy of FCC license, if the application is for a licensed amateur radio station antenna. (d) Location requirements. Except as otherwise specified herein, antenna support structures may be roof or ground-mounted, free standing or supported by guy wires, buildings or other structures. A support structure shall be considered ground-mounted if its base is mounted directly in the ground, even if the structure is supported or wed affixed to the wall of a building. All antennas and support structures shall be located on a site in compliance with the following standards: (1) No antenna or support structure shall be located within any required front, side or rear setback area yam, except that guy wires and antenna arrays may extend into a required side or rear setback area y~ but may not extend over property lines or street lines. (2) No antenna support structure shall be located closer to any property line or street line than a distance equal to one-half of the height of the antenna support structure. (3) No satellite dish antenna shall be roof-mounted. (4) Ground-mounted antenna support structures shall be located to the rear of the main structure on the site, unless otherwise approved by the City based upon a finding that the alternative B-111 Zoning Code Amendments July 26, 2006 location will more effectively reduce the visual impact of the antenna and its support structure upon adjacent properties and public rights-of--way. (e) Height restrictions. Antenna height shall mean the overall vertical length of the antenna support structure and the antenna mounted thereon, including any length to which the antenna support structure is capable of being raised, as measured from the peak of the roof with respect to aroof-mounted antenna, or from the natural grade or finished grade, whichever is lower, with respect to aground-mounted antenna. Ail antennas shall comply with the following height restrictions: (1)Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except that a single vertical pole or whip antenna which is not supported, by guy wires maybe erected to a height of thirty feet above the peak of the roof. (2) Satellite dish, antennas shall not exceed six feet in height plus one additional foot in height for each additional three feet of setback from the lot line or lines adjacent to the antenna, up to a maximum height often feet. (3) Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in height, except that licensed amateur radio station antennas maybe erected to a height of sixty- - five feet. (f) Installation requirements. Every antenna and its support structure shall be constructed, installed and maintained in accordance with the manufacturer's specifications and in compliance with the Uniform Building Code and National Electrical Code as adopted by the City, and in accordance with the following additional requirements: (1) The antenna support structure shall be.ofnoncombustible and corrosive-resistant material. - (2) Satellite dish antennas shall be self-supporting without guy wires. (3) Whenever it is necessary to install an antenna near exposed utility lines, or where any property damage would be caused by the falling of the antenna support structure, a separate guy wire must be ~ae~ed affixed to the antenna or the support structure and secured in a direction away from the hazard. Exposed antenna transmission lines and guy wires shall be kept at least six feet distant from any exposed utility lines. (4) The antenna shall be adequately grounded for protection against a direct strike of lightning. (g) Mitigation of visual impact. Antennas and their support structures, including guy wires and accessory equipment, shall be located on the site and screened as much as possible by architectural features, fences or landscaping to minimize the visual impact of the antenna and its support structure upon adjacent properties and public rights-of--way. The materials used in constructing the antenna and its support structure shall not be unnecessarily bright, shiny or reflective. Conditions maybe imposed upon the issuance of a building or use permit to mitigate the anticipated visual impact of the proposed antenna installation. (h) Existing antennas. This Section shall not apply to any satellite dish antenna lawfully installed prior to November 1, 1985, or any licensed amateur radio station antenna lawfully installed prior to May 21, 1986. Such antennas shall be allowed to remain as originally installed and shall not be considered nonconforming structures, but any relocation or increase in the size or height thereof shall be subject to the provisions of this Section. Any person claiming an exemption shall have the burden of proving that the antenna was lawfully installed prior to the applicable date specified herein. (i) Variances. The Planning Commission shall have authority to grant a variance from any of the regulations contained in this Section pursuant to Article 15-70 of this Chapter. In addition to the findings prescribed in Section 15-70.060, the Planning Commission shall also find that the 8-112 Zoning Code Amendments July 26, 2006 variance is required by reason of physical obstructions which adversely affect proper reception or transmission by the antenna. [Comment 3.IJ § 15-80.090 Early warning fire alarm system. (a)Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazardous fire areas, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the nonavailability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (6) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Residential structures. As a condition for the granting of design review approval or a use permit or variance under this Chapter, the approving authority shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 6 of this Code, and the connection of such system to the digital alarm, communicator receiver maintained by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings and any existing single-family dwellings which are expanded by fifty percent or more in guess floor area, where such new or expanded dwellings are located within a designated hazardous fire area. (2) All new single-family dwellings having a grass floor area in excess of five thousand square feet. (3) Any existing single-family dwelling which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in grass floor area. B-113 Zoning Code Amendments jury 26 zoo6 (4) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (5) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (4) above, which is expanded by fifty percent or more in grass floor area. (c) Commercial structures and community facilities. When so required by the Chief of the Fire District having jurisdiction over the project, the approving authority shall impose as a condition for the granting of design review approval or a use permit or variance under this Chapter, the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in new commercial structures or community facilities, or an existing commercial structure or community facility which is expanded by fifty percent or more in grass floor area. As used herein, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. In determining whether to require installation of such system, the Fire Chief shall be guided by the following considerations: (1) The number of people expected to occupy the building on a regular basis: (2) The interior and exterior configuration of the building and the fire resistant nature of the materials utilized in the construction thereof. (3) The nature and extent of other fire extinguishing and fire alarm devices installed within the building. (4) Whether any highly flammable, explosive or toxic materials are regularly stored or located within the building. (5) The proximity and nature of other structures located upon the same site or adjacent sites. (6) The estimated response time to the property from the fire station at peak traffic hours. (d) Determination of grass floor area and fifty percent expansion. For the purposes of this Section: (1) For purposes of this Section, the determination of grass floor area, as defined in Article 15- 06 ,, +• , ~ n~ ~on~~.~ „~+~,;~ rheY~„_, shall include any basement or portion thereof occupied as habitable space; and (2) The determination as to whether a structure will be expanded by fifty percent or more in grass-floor area shall be made ' +'' ..~.....,. .,.~:a~a :_..,~~'~~_=+_;~__'_^. ? c,n~n~,.i _c+,,e ~..u..v . ..~ t.: .. .. ».. -~-i c ~.a• n a• i +• + +~.~ ~„ ~..+ ~ ,. ~,„;~a:r,. ~;+~ ,.~ ••~ ljy Corilparl]]Q the a z„ o ~+ existiu~ floor area to the proposed floor area after expansion. [Comment 1.SJ § 15-80.100 Construction trailers. (a) No construction trailer shall be placed upon any site without first obtaining a permit to do so issued by the Community Development Wig-Director pursuant to this Section. (b) The Community Development ling-Director shall have authority to issue a permit for the temporary placement of one or more trailers on the site of a construction project for use by the owner or contractors actively engaged in the performance or supervision of the construction B-114 Zoning Code Amendments July 26, 2006 work. The number and location of such trailers shall be determined by the Community Development Director and the permit maybe issued subject to any conditions which the Director deems necessary or appropriate. No trailer maybe placed upon a site until the commencement of construction and all trailers shall be removed immediately upon completion of the project, or at such earlier time as maybe specified by the Community Development ~g Director. § 15-85.030 Application for amendment; fee. (a) Application for a change in the boundaries of a district or reclassification shall be filed by the owner or owners of the affected property with the Community Development ~gDirector on such form as he shall prescribe. The application shall include the following: (1) Address or description of the property and the intended use if the district boundaries are changed or the property is reclassified as requested in the application. (2) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the location of streets and property lines and the names and addresses of the owners of all the properties shown on the drawing as such names appear on the latest available assessment roll of the County. (3) A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner. (b) The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public hearing as determined by the Community Development ~gDirector. Article 15-85 AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS 15-85.010 General provision. 15-85.020 Initiation of amendment. 15-85.030 Application for amendment; fee. 15-85.040 Investigation and report by Communit~Developinent Director. 15-85.050 Public hearing by Planning Commission; notice. 15-85.060 Recommendation by Planning Commission. 15-85.070 Public hearing by City Council; notice. 15-85.080 Action by City Council. 15-85.090 Conditional reclassification. 15-85.100 New application after denial. 15-85.110 Prezoning; annexed territory. § 15-85.040 Investigation and report by Community Development ~la~-nag-Director. The Commmunity Development ~gDirector shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission. B-115 Zoning Code Amendments July 26, 2006 • § 15-85.060 Recommendation by Planning Commission. (a) Following the conclusion of the public hearing, the Planning Commission shall determine whether the proposed amendment should be adopted. The Commission shall transmit its recommendation to the City Council, in writing, together with a copy of the application; if any, and the documents submitted in connection therewith, the report to the Commission from the Community Development Director, the minutes of proceedings conducted by the Commission and the resolution and findings, if any, adopted by the Commission with respect to the proposed amendment. (b) The Planning Commission may recommend that an application be granted subject to conditions, including a conditional reclassification as provided in Section 15-85.090 of this Article. No further public hearing shall be required with respect to any subsequent determination as to whether such conditions have been satisfied. Article 15-95 VIOLATIONS AND ENFORCEMENT 15-95.010 Permits, certificates and licenses. 15-95.020 Duties of Community Development Director. 15-95.030 Violations as constituting misdemeanor or infraction offense; penalties. • § 15-95.020 Duties of Community Development glace-n-i~ng-Director. The Community Development ~gDirector shall be the official responsible for the enforcement of this Chapter. In the discharge of this duty, the Community Development xgDirector shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection; provided, that the right of entry shall be exercised only at reasonable hours, and that, in no case, shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Community Development ~gDirector may serve notice requiring the removal of any structure or use in violation of this Chapter on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Community Development Wig-Director may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this Chapter, and the City Attorney hereby is authorized to institute appropriate actions to that end. The Community Development xg-Director may call upon the Community Service Officers to assist in the enforcement of this Chapter, and such Community Service Officers shall have concurrent authority to enforce any regulation of this Chapter as provided in Section 3-05.070 of this Code. § 16-71.010 Definitions. • B-116 Zoning Code Amendments July 26, 2006 For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Business means any activity for which a business license is required under Chapter 4, Article 4-OS of this Code, except a business conducted within a single family dwelling as a home occupation. (b) Change of use means any change in the character or use of a structure that would place the building in a different division of the same group of occupancy under the Uniform Building Code or in a different group of occupancies under said Code. (c) Single family dwelling means a detached dwelling unit, or a condominium or townhouse unit, which is separately owned and intended for occupancy by one family. A site containing a single family dwelling as the main structure thereon and second dwellin~ unit shall be treated as a single family dwelling for purposes of this Article. (d) Transfer of ownership, as applied to real property or a business, means any conveyance, assignment, or other transfer, by any means, of more than fifty percent of the equitable ownership interest in the real property or business. § 16-71.010 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Business means any activity for which a business license is required under Chapter 4, Article 4-OS of this Code, except a business conducted within a single family dwelling as a home occupation. (b) Change of use means any change in the character or use of a structure that would place the building in a different division of the same group of occupancy under the Uniform Building Code or in a different group of occupancies under said Code. (c) Single family dwelling means a detached dwelling unit, or a condominium or townhouse unit, which is separately owned and intended for occupancy by one family. A site containing a single family dwelling as the main structure thereon and second dwelling unit shall be treated as a single family dwelling for purposes of this Article. (d) Transfer of ownership, as applied to real property or a business, means any conveyance, assignment, or other transfer, by any means, of more than fifty percent of the equitable ownership interest in the real property or business. u B-117 Zoning Code Amendments July 26, -2006 APPENDIX A TO THE ZONING CODE: MAPS .Reference is made to the followingmaps copies of which have been f led herein, which maps arc hereby adopted and incorporated herein by reference, together with any amendments thereto: (1) City Zonin Map. ,~` ~?) Equestrian Zone• Schematic Diagrams created by the City of Saratoga Trails & Pathways Task Force Report (August 1976). f` (~) Saratoga Woods Nei~liborhood. / / ~~Nei,~hborhood Conunercial (CN) Drive-Through Overlay District.. (5) Ground- Movement Potential Maps of the Upper Calabasas Creek. Watershed, dated Tanuarv 1980 prepared by William Cotton and Associates Geotechmcal Consultants. ~6) Ground Movement Potential Map of the Congress Sprinns Study Area dated May 31, l~)77iprepared by William Cotton and Associates Geotechnical Consultants. (7) Ground Movement Potential Maps of the Lower Saratoga H. inside Area, dated December, 1985 prepared by Tei-ratech Inc. [Comment 2.IJ • B-118 Zoning Code Amendments July 26, 2006 APP. ENDIX B TO THE ZONING CODE: REFERENCE DOCUMENTS Reference is n.iade to the following documents, copies of wli.ich have been. f led herei~.i, which documents are hereb~pted and incorporated herein by reference, together with anY amendments thereto: ~l) Source describing; soils classifications [Comment 2.2J • • B-119 Zoning Code Amendments i~ ~ • • r Item 2 REPORT TO THE PLANNING COMMISSION Applicant/Owner: City of Saratoga Staff Planner: John Livingstone, AICP, Community Development Director ~/~ Subject: Amendments to the Zoning Regulations and related Sections Meeting Date: July 26, 2006 APN: City Wide SUBJECT: AN ORDINANCE OF THE CITY OF SARATOGA AMENDING VARIOUS SECTIONS OF CHAPTERS 7, 9, 14, 15 AND 16 OF THE CITY CODE, AND ADDING SECTION 15-05.588 PROVIDING A DEFINITION OF "SETBACK AREAS" AND APPENDICES A AND B TO CHAPTER 15. f RECOMMENDED ACTION Staff recommends that the Planning Commission approve the proposed amendments and additions to the City Code pertaining to zoning regulations, and recommend adoption of the proposed ordinance to the City Council. STAFF REPORT Background and Summary The City has adopted and amended the Zoning Regulations contained in Chapter 15 of the City Code at various times in a piecemeal fashion. In the course of applying the Zoning Regulations, staff has noted internal inconsistencies, provisions that frequently require additional explanation or detail to be understood by applicants and the public, staff interpretations of provisions that are not codified, provisions that are no longer necessary or relevant, and grammatical and other errors. Staff proposes amendments and additions to the Zoning Regulations to remedy these issues, including addition of a definition and addition of appendices. Some of the proposed amendments to the Zoning Regulations affect other Chapters of the Code. Thus, for consistency among the Chapters of the Code, staff proposes changes to certain Chapters of the Code in addition to the t' Zoning Regulations in Chapter 15. The proposed amendments are not intended to make substantive changes to the Zoning Regulations. Rather, they are intended to clarify the requirements and regulations of the existing Code. As such, staff is presenting these issues in one package for the Planning Commission's consideration. If the Commission determines that one or more changes would result in a substantive change that the Commission believes merits more focused consideration and public discussion, the Commission can request that the change be removed from the package of amendments. Proposed Ordinance Amendments In general, the proposed changes would amend Chapters 7, 9, 14, 15 and 16 of the City Code to address five categories of issues. The issues are as follows: • Remedy internal inconsistencies in the Code by providing consistent references to terms, structure and phrasing of similar provisions, and descriptions of regulations and authorities. • Clarify existing requirements of the Code by providing additional information, detail, cross-references, or examples that are intended to explain the requirements of the Code. • odi staff inte retations of rovisions of the Code and Community C fY rp p Development Department policy memoranda that are not expressly contained in the Code. These amendments are intended to state expressly staff's long-standing interpretation of Code provisions. • Omit redundant terms and provisions, and provisions that are no longer necessary or relevant. For example, some citations in the Zoning Regulations are no longer relevant because the City previously deleted the cited provisions from the Code. • Amend grammatical and other errors. Explanations for the proposed changes are discussed in Attachment A to this Report. The specific changes to the City Code are presented in Attachment B to this Report. In Attachment B, the existing Code is shown in standard font, proposed new text is underlined, and text that would be deleted is shown in strikeout. The explanations provided in Attachment A are cross- referenced in bold brackets at the end of the relevant Code Sections in Attachment B. Where a code change is self-explanatory or has been addressed by an earlier explanation there is no cross- reference. The cross-references would not be adopted as part of these Zoning Regulation amendments; the 2 ;. references are for information only. Likewise, the text in parentheticals regarding legislative history (e.g., "(Amended by Ord. 71-182 § 1, 1998; Ord. 223 § 2 (part), 2003)") would not be adopted as part of these Zoning Regulation amendments and is included for future reference purposes only. Procedure for Formal Adoption As shown in Attachment B, the proposed amendments and addition appear primarily in the Zoning Regulation chapters of the City Code, with related amendments proposed in the Health and Sanitation, Motor Vehicles and Traffic, Subdivisions, and Building Regulations Chapters of the Code. State law requires only that amendments to the Zoning Regulation chapter be reviewed by the Planning Commission before Council action. To ensure that the Planning Commission understands the complete package of amendments to implement the zoning updates, however, staff recommends that the Planning Commission review the proposed changes to the Health and Sanitation, Motor Vehicles and Traffic, Subdivision and Building Regulation chapters in conjunction with the Zoning chapter. Following Planning Commission review, staff will conduct the appropriate noticing to schedule a public hearing acid allow the City Council to consider formal adoption of the Zoning chapter and related updates in light of any recommendations offered by the Planning Commission. Environmental Determination ro osed amendments and addition to the Code are Cate orically Exempt from the Thep p g Environmental Quality Act ("CEQA") pursuant Public Resources Code Sections 15061(b)(3) and 15308. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the, activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, staff is recommending amendments to the existing Zoning Regulations and related sections and addition of a definitional.provision and reference appendices to the existing Code; the amendments and addition would not have any impact on the environment. ATTACHMENTS Attachment A: Comments on the proposed amendments to various sections of the Saratoga Zoning Code relating to Zoning Regulations Attachment B: Proposed amendments to various sections of the Saratoga City Code relating to the Zoning Regulations • ATTACHMENT A • July 26, 2006 COMMENTS ON THE PROPOSED AMENDMENTS AND ADDITIONS TO VARIOUS SECTIONS OF CHAPTERS 7, 9, 14, 15 AND 16 OF THE SARATOGA CITY CODE RELATING TO THE ZONING REGULATIONS The following comments are intended to explain the proposed changes to the City Code. The comments fall within five broad categories. The comments are cross-referenced by comment number in the proposed changes to the City Code (e.g., the note "[Comment 1.1]" following § 7-05.020 Definitions indicates that the proposed amendment is explained in Comment 1.1). 1. REMEDY INTERNAL INCONSISTENCIES. 1.1 Second dwelling units are referred to using a variety of terms throughout the Code. Staff proposes providing a consistent reference throughout the Code by using the term "Second Dwelling Unit," as defined in Chapter 15. 1.2 The City replaced the Planning Director position with the Community Development Director position. Staff proposes omitting any references to "Planning Director" and replacing with consistent references to the "Community Development Director." 1.3 Chapter 15 authorizes the Community Development Director to exercise discretion as to the assignment and/or designation of certain lot lines under certain circumstances. (See Section 15-06.430(f)). Staff proposes that the advisory agency be authorized to exercise similar discretion when reviewing subdivision applications under Chapter 14. Staff proposes that any discretionary decision as to the location of lot lines shall not be revised, except following a formal noticed hearing. 1.4 The City adopted a major update of its tree ordinance. (See Article 15-50). Staff proposes amending references regarding protected trees in the Code to coordinate the references with this updated ordinance. 1.5 The City previously deleted Section 14-15.020 from the Code. Staff proposes replacing some of the references to this Section with a description of the manner for determining when modification to an existing structure constitutes new construction, as proposed for Chapter 15. (See Sections 15-045.060 and 15-45.065). Staff proposes replacing the remaining references with a revised definition of floor area and additional explanation. 1.6 With the exception of existing Section 15-06.255, the existing Zoning Regulations do not separately define each zoning district. Thus, the Section describing the Equestrian Zone is inconsistent with the structure of the Zoning Regulations. Staff proposes striking the Section for consistency. Staff also proposes inserting the operative A-1 Comments on Zoning Code Amendments July 26, 2006 language from this Section into Sections 15-10.010 and 15-10.030, as appropriate, so that the intent of the Section would not be lost. 1.7 The existing definition of "Lightwell" includes regulations governing the construction and maintenance of lightwells. Such regulations are not included in other definitional provisions of the Zoning Regulations; thus, this Section is inconsistent with the structure of the Zoning Regulations. Staff proposes striking the operative language in Section 15-06.405 and inserting the language into Section 15-80.035, the provision of the Code intended to describe the regulations pertaining to lightwells. 1.8 The existing definition of "Rear Lot Line" in Section 15-06.430(b) is inconsistent with the definition of "Rear Lot Line" in Section 14-10.160(b). Staff proposes amending the definition in Chapter 15 to make it consistent with the definition in Chapter 14. 1.9 The existing Code refers to "Setback Area" and "Yard" interchangeably, although "Setback Area" is not defined in Chapter 15 and the terms refer to overlapping but not co-extensive areas. Staff proposes adding a new definition of "Setback Area" to Chapter 15. Staff proposes making consistent references to "Setback Area," as proposed to be defined. in Chapter 15, rather than "Yard," throughout the Code. Finally, staff proposes eliminating the definition of "Yard" from the Zoning Regulations and using "yard" only in its common usage (i.e., school yard). 1.10 The definition of "accessory structure" provided in Section 15-06.670 is inconsistent with the definition of "Accessory Structure" in Section 15-06.022. Staff proposes striking the definition in Section 15-06.670. 1.11 The City previously deleted Section 15-56.110 from the Code: Staff proposes replacing the reference with a citation to the Article of the Code which regulates parking. 1.12 The existing Code describes procedures and regulations for design review and administrative design review. Section 15-45.070 refers only to design review, however. In staff's view, there is no reason to omit administrative design review from this Section. Staff proposes inserting the reference. 1.13 The existing Code Section 15-50.080 provides that a use permit shall become effective 10 days after the permit is granted unless appealed to the City Council. Existing Code Section 15-90.050 provides a notice of appeal to the City Council must be filed within 15 days. Thus, the provisions are inconsistent. Staff proposes amending Section 15-50.080 to allow a 15-day appeal period. 1.14 The existing Code Section 15-80.030 specifies that certain accessory uses require approval by the Community Development Director. However, all of the uses listed in this section require such approval. Staff proposes amending the section to require that the approval of the Community Development Director is required for all uses A-2 Comments on Zoning Code Amendments July 26, 2006 described in this section. 2. CLARIFY EXISTING REQUIREMENTS. 2.1 The existing Code refers to zoning maps that are not published in the Zoning Regulations. Although the referenced maps are on file in the Community Development Department and available to the public, there is no clear link to the City Code. Additionally, maps maybe revised and it may not be clear which version of a map is most current. Staff proposes adopting Appendix A to the Zoning Regulations which would include all of the zoning maps referenced in the Code. Appendix A would provide ease of reference for City staff and the public, as well as a consistent source of information. 2.2 The existing Code refers to reference materials and other sources that are not included or published in the Zoning Regulations. Although the referenced materials are on file in various City departments and available to the public, there is no clear link to the City Code. It may also be unclear which City departments store which reference materials. Staff proposes adopting Appendix B to the Zoning Regulations, which include all of the materials referenced in Chapter 15. Appendix B would provide ease of reference for City staff and-the public, as well as a consistent source of information. 2.3 The existing Section does not expressly describe the required distance between an accessory structure and any other structure. Staff proposes amending Section 15-06.022 to include an express distance requirement, which in staff's opinion would reduce fire hazard. 2.4 The existing Code limits the height of certain structures in certain zoning districts. The existing Code allows the Planning Commission to approve additional height on certain structures under certain circumstances. The existing phrasing authorizing the discretionary height increase has led to some confusion. Staff proposes amending various sections of the Code to clarify the rules applicable to discretionary height increases. 2.5 The existing subsection (a) maybe interpreted to apply only to subdivided lots. In staff s view, the subsection should apply to all lots, not just those created by subdivision. The proposed change in subsection (a) makes express that this provision applies to all lots in the HR District, and is not limited to lots created by subdivision. 2.6 The existing Building Code regulations require driveways to be a minimum width. Staff proposes amending Section 15-35.040(d) to make an express reference to the location of those requirements. 2.7 The existing Code describes the circumstances under which a remodel or reconstruction of an existing structure is so significant that it should be treated similar to. construction of a new structure. The existing Code could be interpreted to suggest that removal of wall coverings (i:e., sheetrocking) alone could trigger treatment as a new structure. Staff proposes amendments which reflect staff's view that the purpose of these A-3 Comments on Zoning Code Amendments July 26, 2006 provisions is to maintain the existing shape of a building, rather than the wall coverings themselves. Staff proposes a definition which clarifies that if more than one-half of the structural elements of an existing wall are removed, then the wall is being relocated and the size and character of the structure itself are changed. Staff's proposal is based on language used in Section 224 of the California Building Code. 2.8 Although not stated expressly in the Code, staff historically exercises its discretion as to whether to require a survey for applications for design review and administrative design review. Staff proposes making a survey an express requirement under certain circumstances. 3. CODIFY STAFF INTERPRETATION AND COMMUNITY DEVELOPMENT DEPARTMENT POLICY MEMORANDA. 3.1 Under the existing definition of "Attached," staff has identified the potential for developers to superficially affix an auxiliary structure to an existing structure in order to avoid existing height limitations on non-attached structures. Staff proposes to amend the definition to clarify that a structure must be more than superficially affixed to a main structure in order to satisfy the definition of "attached." Likewise, where "attached" and "detached" are used in the Code for their common meaning, staff propose replacing the terms with "affixed" and "not affixed." 3.2 In accordance with state law the City several years ago amended Article 15-56 to allow second dwelling units without requiring a conditional use permit. Staff proposes conforming amendments deleting references to second dwelling units as conditional uses or being subject to approval by use permit. Similarly, second dwelling units are not "Accessory Structures" under the Zoning Regulations and may be treated the same as single-family dwellings under certain circumstances. For example, the height regulations of single-family dwellings in the R-1 District also apply to second dwelling units. Staff proposes adding an express provision to relevant portions of the Code clarifying that certain regulations pertaining to single- family dwellings also apply to second dwelling units. The amendment to Article 15-56 regulates the process for second dwelling units built prior to the City's adoption of Article 15-56 to become legalized. Staff proposes an amendment to the definition of "second dwelling unit" that would recognize only legalized existing units as valid second dwelling units. The amendment would encourage property owners with an existing second dwelling unit to follow the process described in Article 15-56 to have the unit legalized. 3.3 The manner of determining floor area under the existing definition has led to some confusion. Staff proposes revising the definition of "Floor Area" to clarify that, except for certain expressly specified types of areas, an area will be included in a structure's "floor area" determination if the area is habitable or accessible, roofed, and A-4 Comments on Zoning Code Amendments July 26, 2006 has an interior height of at least 5 feet. Staff proposes adding an express definition clarifying that a "roof' for purposes of Section 15-06.280 means any solid material that covers at least 75 percent of an area. For example, a glass covering over 100 percent of an area would be a "roof." Likewise, a lattice covering 100 percent of an area would be a "roof' if the solid pieces making up the lattice cover at least 75 percent of the area while the spaces in the lattice cover less than 25 percent of the area. Although the existing definition of "Floor Area" may be read to currently exclude "interior courts" from a structure's floor area calculation if they are not roofed, the proposed revision would state expressly that interior courts are not roofed, and, thus, are not included in a floor area determination. Interior courts maybe used for such things as atriums and barbecue pits. Staff also proposes making consistent reference to the definition of "Floor Area" throughout Chapters 14 and 15. 3.4 The existing definition of "Frontage" for corner lots does not specify which lot line shall be designated the frontage. The existing definition may lead to inconsistent interpretation of the Zoning Regulations and inconsistent determination of the "front lot line" for corner parcels. Staff proposes to designate the shorter lot line of a corner lot the "frontage." Staff also proposes to authorize the advisory agency or Community Development Director to exercise his or her discretion to designate the frontage of a corner lot. Finally, staff proposes malcmg consistent reference to the definition of "Frontage" in Chapter 15 throughout the Code. 3.5 Staff interprets the purpose of the existing definition of "Impervious Surface" as a regulation of the aesthetics of outdoor areas, rather than a regulation of water infiltration and retention. New building materials are available that were not contemplated at the time the Section was written. Such materials may satisfy the literal requirements of the Section but not satisfy the aesthetic purpose of the Section. Staff proposes broadening the definition of "Impervious Surface" in order to include new building materials within the regulation consistent with staff's interpretation of the purpose of the provision. 3.6 The existing Code could be interpreted to apply a height limitation only to retaining walls on hillside lots. There is no express provision limiting the height of retaining walls where such walls are located in setback areas. Staff interprets the existing regulations, however, as pertaining to retaining walls to apply to all retaining walls and to provide additional limitations on the height of retaining walls in certain setback areas. Staff proposes amending subsection (f) to make express staff's interpretation. 3.7 Staff proposes striking the Article from the- Code because it is impractical to implement and enforce. Many of the objectives of this Article are addressed by the City's existing NPDES permit program. No other section of the Municipal Code refers to A-5 Comments on Zoning Code Amendments July 26, 2006 these provisions. 3.8 The existing Code could be interpreted to apply a lot size restriction in the HR District only to lots created by subdivision. It is staff s opinion that the lot size restriction to should apply to all lots in the HR District, not just those created by subdivision. Staff proposes to amend the Section to make express that the regulations apply to all lots. 3.9 The existing Code decks, platforms, patios, or walkways that are not above finish grade. Each of these structures, however, must be above finish grade since they are constructed on the finished grade. Staff has determined that allowing such structures to be up to 18 inches above finished grade would allow installation of these structures without allowing undue view access into a neighboring lot. Staff proposes amending the Code to add an 18-inch limitation. 3.10 The existing Code does not explicitly require bay windows to be above ground level which has led to applications seeking to allow the floor area within such structures to extend into the setback area. It is staff's opinion that this is an unintended outcome. Staff proposes changes that would allow only true bay windows to extend into a setback area. 3.11 The existing Code provides a 24-month life to a use permit, with the possibility for an extension of 12 months. It is staff's opinion that this time period maybe too short to allow developers to initiate construction pursuant to a use permit before the permit expires. Staff proposes amending the Section to extend the lift of a use permit, consistent with the expiration period for design review approval. (See Section 15- 45.090). It is staff's opinion that tying the use permit life to design review time periods makes sense, given that most developers obtain design review and use permit approval at the same time. 3.12 The existing language in Section 15-80.030 does not clearly describe how to measure a swimming pool's distance from the property line. It is staff's interpretation that the appropriate point of reference is the pool's water line, rather than, for example, any concrete or paving surrounding the perimeter of the pool. Staff proposes additional language here to incorporate this interpretation. 3.13 The existing code does not specify that certain outdoor fireplaces and play structures are subject to setback and height requirements. It is staff's interpretation that such structures should be subject to these limitations and to approval by the Community Development Director. 4. OMIT REDUNDANCY AND IRRELEVANT/UNNECESSARY PROVISIONS. 4.1 The City previously removed the term "gross floor area" from the Code. Staff proposes omitting any reference to "gross floor area" and replacing it with a A-6 Comments on Zoning Code Amendments July 26, 2006 . reference to "floor area." 4.2 "Vacant lot" is not used in this Article of Chapter 15. Thus, the definition of "vacant lot" in Article 15-12 is unnecessary. Staff proposes eliminating the definition. 4.3 The existing Code requires a hydrogeologist to analyze groundwater conditions. A certified generalist geologist is qualified, however, to analyze groundwater conditions making the hydrogeologist requirement unnecessary and potentially more expensive. Staff proposes eliminating this requirement. 5. AMEND GRAMMATICAL AND OTHER ERRORS. 5.1 The formula for slope in the existing Section is incorrect. Staff proposes revising the Section to provide the correct formula. • • A-7 Comments on Zoning Code Amendments • ATTACHMENT B • t July 2b, 200b • PROPOSED AMENDMENTS AND ADDITIONS TO VARIOUS SECTIONS OF CHAPTERS 7, 9,14, 1S AND 16 OF THE SARATOGA CITY CODE RELATING TO ZONING REGULATIONS § 7-05.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Commercial premises means all premises except residential premises. (b) Delinquent means a failure of the recipient of garbage collection service, or of the owner, to pay when due all charges owed to the garbage collector for garbage collection service rendered or to be rendered or made available. (c) Director means the Community Services Director and his duly authorized agents and representatives. (d) Dwelling means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. (e) Garbage means all kinds and classes of decomposable and nondecomposable solid, semi- solid and liquid waste material, including, but not restricted to, animal or vegetable matter, paper, cardboard, grass cuttings, tree or shrub trimmings, wood, glass, mineral or metallic substances, rock, demolished or discarded building materials and commercial or industrial waste products, but not including domestic sewage or hazardous wastes. . (f) Garbage Collector means any person who is authorized by the franchise agreement existing between him and the City, in accordance with Section 7-05.110, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. (g) Garbage collection service means the collection, transportation and disposal of garbage by an authorized garbage collector. (h) Hazardous wastes means any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Chapter 8 of this Code for which a hazardous materials storage permit is required. (i) Multiple-unit dwelling means any premises, excluding a hotel, motel, or lodginghouse, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. (j) Occupancy, occupied. A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining B-1 Zoning Code Amendments July 26, 2006 whether a premises is occupied during periods when garbage collection service is made available . to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. (k) Owner means the holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided or made available. (1) Premises means any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. (m) Residential premises means any single-unit dwelling or multiple-unit dwelling. (n) Single-unit dwelling means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second dwelling unit, as defined in Chapter 1.5, shall constitute a separate single-unit dwelling to which garbage collection service is provided or made available, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises at commercial rates. (o) Tenant means any person or persons, other than the owner, occupying or in possession of a premises. [Comment I.1J § 9-65.020 Exemptions. The hillside street repair fee shall not apply to any of the following: (a) Reconstruction, remodeling, expansion, rehabilitation or replacement of an existing dwelling unit. (b) Construction of accessory structures, as defined in Section 15-06.670(b) of the Saratoga Zoning Ordinance. (c) Second dwelling units, as defined in C1lapter 15 (Ord. 71-140 § 2 (part), 1994) § 14-05.060 Exclusions from Chapter. This Chapter shall not apply to any of the following: (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings or mobile home parks, or the financing or leasing of existing separate commercial or industrial buildings on a single site. (b) Mineral, oil or gas leases. . (c) Land dedicated for cemetery purposes under the State Health and Safety Code. B_2 Zoning Code Amendments July 26, 2006 (d) The construction, financing or leasing of a second dwelling unit, as defined in Chapter 15, ~ but this Chapter shall be applicable to the sale or other transfer of ownership of such units where the sale or transfer does not include the entire site ~~~ *~~a~~4°~t~... (e) Short term leases, terminable by either party on not more than thirty days notice in writing, of a portion of the operating right-of--way of a railroad corporation defined as such by Section 230 of the State Public Utilities Code. (f) Any division, conveyance, development, financing or leasing of land by the City. (g) Land conveyed to or from a governmental agency, public entity (other than the City) or public utility, or land conveyed to a subsidiary of a public utility for conveyance to such public utility forrights-of--way, unless it is determined by the e~s~ Community Development Director. that the public interest or public policy requires the application of this Chapter to such conveyance. [Comment 1.2J § 14-10.100 Floor area;-grass-flees-wee. ~z___ _ raj-Floor area is as defined in Chapter 15.E ~ ?:.,~.~.,..t..'. ;......_ e......_c'' :__ ^"^r° [Comment 3.3 and 4.IJ § 14-10.110 Frontage. ~~ "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street which does not result in the creation of a nonconforming lot with respect to frontage, width or depth. If more than one property line of a ~ ~ corner lot abutting on a street can be designated as the frontage without creating a ~`' nonconforming lot, then the shorter lot line shall be designated as the front lot line, except as ~~ otherwise determined by the advisory agency °~ """'' " "°'~" ""°~ '"' "''° `deemed t==e ,~ ~e [Comment 1.3 and 3.4J ~` B-3 Zoning Code Amendments July 26, 2006 § 14-10.160 Lot line. "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot, ei e€the lot lines ^'~~~'~~~o ^ ~'_~-°°* designated as the frontage in accordance with Section 14-10.110, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth1 the shorter lot line shall be considered. the front lot line, except as otherwise determined by the advisory agen.c~ , (b) Rear lot line means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot .line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. ~f) The advisory agency may assi~i or designate .lot lines for irregularly shaped parcels, to be shown on the approved map. A.ny discretionary decision of the advisory age~icy as to tl~e location of any lot line shall not be changed, except on noticed public hearing by the Planning Commission. [Comment 1.3J ~ V~ § 14-10.300 Structure. Structure means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence or a wall used as a fence not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure means a aid structure which is: (i) detached from the main structure on the lot such. that the distance between. an~part of the two structures is thirty-six inches or more; ; *'~° ~•~° ^~•~•'~~^'~'~ ii subordinate and incidental to, and customarily associated with, the main structure or the principal use of the lot~ite;,; and ~i~s iii located on the same lot site as the main structure or principal use. Nottvitllstandingtbe :foregoing, second dwelling units are not .-~ accessory structures. [Comment 2.3J ~~ f ~~ ~~ ~ ~~$ Zoning Code Amendments i • • July 26, 2006 • § 14-20.040 Contents of application. ` Eighteen copies of the proposed tentative subdivision map shall be submitted to the Community Development Director. Additional copies maybe required for transmittal to the designated official of any adjoining local agency, which has requested the same as provided in the Map Act. In the event the State Department of Transportation has filed the requisite map with the City relating to existing or proposed State highway routes upon which it believes subdivisions would have an effect and the property is located within the area covered by such map, two additional copies of the tentative map shall also be filed, which shall be transmitted by the advisory agency to the district office of such Department with a statement that the advisory agency will consider any recommendation of said Department made within fifteen days after receipt by it of said copies of the map. The tentative map shall be clearly and legibly drawn by a registered civil, engineer or licensed land surveyor. It shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision of two or less acres; one inch shall be equal to fifty feet for a subdivision of two acres through twenty acres; and one inch shall be equal to one hundred feet for all subdivisions over twenty acres in area. The tentative map shall contain, or be accompanied by, the following. information: (a) The name of any existing recorded map applicable to the subdivision, the date of recording such map, and the book and page of the official records where such map is recorded. (b) Proposed subdivision name, if any. The proposed name is subject to approval by the advisory agency. (c) Date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision or building site. (d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of--way, topographic features and all improvements on adjacent property located within one hundred feet of the subdivision or site boundary. (e) Name and address of record owner or owners, applicant, and registered engineer or licensed land surveyor who prepared the map or drawing. (f) Locations, names, widths, centerline radii and centerline slopes of all streets, highways and other ways in the proposed subdivision or site. (g) Number of lots, dimensions of the lots, including frontage, depth and area in square feet. (h) Five-foot contours to describe area. Where the slope of any part of the property exceeds ten percent or where the property abuts existing developed lots, an overall grading plan maybe required showing features adjacent to the property within a reasonable distance therefrom which would affect the subdivision or building site. In those cases in which a grading plan is required, it B-5 Zoning Code Amendments July 26, 2006 shall show how runoff of surface water will be controlled and the ultimate disposal of all surface . waters. Bench marks shall be on County datum. (i) Location and character of all existing easements for drainage,. sewage or public utilities, together with all building and use restrictions applicable thereto, and the approximate locations of all proposed easements for drainage, sewage or other public utilities. (j) Existing use or uses and zone or zones of the property and proposed use or uses. (k) Transfers of adjacent or related property owned by the applicant or his predecessor in interest made within the last preceding five years. (1) Location of all creeks, streams and other water courses delineated on said map or drawing, showing top of existing banks and creek depth, with separate sheet showing cross-section of all such creeks, streams and water courses. (m) All provisions for domestic water supply which are proposed by the applicant, including source, quality and approximate quantity expressed as gallons per minute. (n) All provisions for sewage disposal, storm drainage and flood control which are proposed by the applicant. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code. (o) Existing wells, active or abandoned, and disposition proposed. (p) Public or common green area proposed, if any. (q) Statement of tree planting and landscape plan, if required at the time of the application; otherwise, such plans shall be submitted with the project improvement plans for the subdivision or'site as part of the application for building permit. (r) Statement of street lighting plan, if any. (s) Statement of the improvements proposed to be constructed or installed and of the time when said improvements shall be installed and the date of their anticipated completion. (t) Site development plan in accord with Section 14-25.100, where required. (u) The approximate distance to and location of the nearest sanitary sewer main line. (v) Location of existing protected trees as defined i.n. Section 15-50.020(gl, +~~ ° ^~^"'°„t~'= ~a "-°>,~ra +--°°~, including outline, centers and species' + '' " "'~°"°"°° "~+~=rt~' a - -- iutua u r a . Y ~/ • B-6 Zoning Code Amendments July 26, 2006 (w) A preliminary geologic and soils report as described in Section 14-20.020 of this Article, unless such report has already been furnished prior to the filing of the application; provided, however, where the average slope of the proposed subdivision does not exceed ten percent, the Community Development Director may require such report to be submitted with the improvement plans for the subdivision or site as part of the application for building permit; and provided, further, that the Community Development Director may waive the requirement of a preliminary geologic report if he or she determines that, due to the available knowledge of the City as to the soil qualities of the site, no such preliminary geologic report is necessary. (x) A preliminary title report issued within ten days from date of filing the application by a reputable title company doing business in the County, issued to or for the benefit of the City and showing all parties having any interest in the land. (y) If the applicant requests that vesting tentative map approval be granted pursuant to Article 14-80 of this Chapter, the proposed map shall have printed conspicuously on its face the words "Vesting Tentative Map." (z) When requested by the Community Development Director, a scale drawing of the surrounding area for a distance of at least five hundred feet from each boundary of the proposed subdivision or building site, indicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown the latest available assessment. roll of the County. In addition to the foregoing, the Community Development Director may require the applicant to submit such additional maps, documents, information and materials as the Community Development Director deems necessary for the review, processing and evaluation of the proposed tentative map approval. If any such additional maps, documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. (Amended by Ord. 221 § 2 (part), 2003; Ord. 229 § 2 (part), 2004) [Comment 1.4.J § 14-25.110 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazardous fire areas, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the nonavailability of access to some portions of such areas, the existence of steep, narrow c $_'] Zoning Code Amendments July 26, 2006 streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (6) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Residential structures. As a condition for tentative map under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings and any existing single-family dwellings which are expanded by fifty percent or more in grass floor area, where such new or expanded dwellings are located within a designated hazardous fire area. (2) All new single-family dwellings having a grass floor area in excess of five thousand square feet. (3) Any existing single-family dwelling which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in grass floor area. (4) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing proj acts, townhouses and nursing homes. (5) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in Paragraph (4) above, which is expanded by fifty percent or more in guess floor area.. (c) Commercial structures and community facilities. When so required by the Chief of the Fire District having jurisdiction over the project, the advisory agency shall impose as a condition for tentative map approval under this Chapter, the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in new commercial structures or community facilities, or an existing commercial structure or community facility which is expanded by fifty percent or more in gr-ess floor area. As used herein, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. In determining whether to require installation of such system, the Fire Chief shall be guided by the following considerations: (1) The number of people expected to occupy the building on a regular basis. $_g Zoning Code Amendments July 26, 2006 (2) The interior and exterior configuration of the building and the fire resistant nature of the materials utilized in the construction thereof. (3) The naturevand extent of other fire extmguislung and fire alarm devices installed within the building. (4) Whether any highly flammable, explosive or toxic materials are regularly stored or located within the building. (5) The proximity and nature of other structures located upon the same site or adjacent sites. (6) The estimated response time to the property from the fire station at peak traffic hours. (d) Determination of floor area and fifty percent expansion. For the purposes of this Section: (1) For purposes of this Section, the determination of floor area, as defined Article 15-U6 c„~.~e,.+;,,,, 1 ~ , n , nnn~)~ ~'.:.~ ~~:~Y:~., shall include any basement or portion thereof occupied as habitable space; and (2) The determination as to whether a structure will be expanded by fifty percent or more in guess-floor area shall be made ~„ +'~° ~ ~ ~~a~a ~r e»b~~~*~~~ ~ ~ ~ ~ rnn~,.~ „~~~,;~ . by conlparin~ the existing floor area to the proposed floor area after expansion. (Amended by Ord. 221 § 2 (part), 2003) [Comment I.SJ Chapter 15 ZONING REGULATIONS Article 15-OS GENERAL PROVISIONS Article 15-06 DEFINITIONS Article 15-10 ESTABLISHMENT OF ZONING DISTRICTS Article 15-11 A: AGRICULTURAL DISTRICT Article 15-12 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS* Article 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT Article 15-14 REPEALED Article 15-15 AP/OS: AGRICULTURAL PRESERVE OPEN SPACE OVERLAY DISTRICT Article 15-16 P-C: PLANNED COMMUNITY DISTRICT Article 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS Article 15-18 P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT Article 15-19 C: COMMERCIAL DISTRICTS Article 15-20 R-OS: RESIDENTIAL OPEN SPACE DISTRICT Article 15-29 FENCES, WALLS AND HEDGES Article 15-30 SIGNS Article 15-35 OFF-STREET PARKING AND LOADING FACILITIES Article 15-40 HOME OCCUPATIONS Article 15-45 DESIGN REVIEW: SINGLE-FAMILY DWELLING Article 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES Article 15-48 LIMITATIONS ON WOOD-BURNING FIREPLACES B-9 Zoning Code Amendments July 26, 2006 Article 15-50 TREE REGULATIONS Article 15-52 SMALL WIND ENERGY SYSTEMS Article 15-55 CONDITIONAL USE PERMITS Article 15-56 SECOND DWELLING UNITS Article 15-58 MIXED-USE DEVELOPMENT STANDARDS Article 15-60 TEMPORARY USES Article 15-65 NONCONFORMING USES AND STRUCTURES Article 15-70 VARIANCES Article 15-75 Repealed. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Article 15-85 AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS Article 15-90 APPEALS Article 15-95 VIOLATIONS AND ENFORCEMENT § 15-05.010 Adoption of zoning regulations and zoning map. (a) This Chapter establishes comprehensive zoning regulations for the City, which regulations shall consist of the following: (1) Regulations, known as zoning regulations, governing the use of land and the placement of buildings and improvements within the various classes of districts; and (2) A ~ set of maps, ~ re:(:erred to collectively as "the zoning map;" and individually by mad ti le, establishing and delineating various classes of districts within the City. The .maps, fled in Appendix A to this Chapter are incorporated herein by reference and constitute a part of this Chapter. ~3~ A set of reference documents. Such documents, filed in Appendix B to this Chapter, are incorporated herein by reference and constitute a part oCtliis Chapter. (b) The zoning regulations and zoning map shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of structures on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this Chapter. (c) This Chapter maybe cited as the Zoning Ordinance of the City. [Comment 2.1 and 2.2.J Article 15-06 DEFINITIONS • B-10 Zoning Code Amendments July 26, 2006 15-06.005 Application of definitions. 15-06.010 Abandon. 15-06.011 Abatement. 15-06.020 Abutting. 15-06.021 Access. 15-06.022 Accessory structure. 15-06.023 Accessory use. 15-06.024 Acre. 15-06.030 Addition. 15-06.040 Alley. 15-06.050 Alteration. 15-06.051 Apartment unit. 15-06.052 Applicant. 15-06.053 Application for development. 15-06.060 Approving authority. 15-06.061 Appurtenances. 15-06.062 Architectural feature. 15-06.063 Architectural style. 15-06.070 Attached. 15-06.080 Attic. 15-06.090 Basement. 15-06.100 Bed and breakfast establishment. 15-06.105 Below market rate dwelling unit. 15-06.110 Block. 15-06.120 Building. 15-06.122 Building, main. 15-06.125 Building site. 15-06.130 Cabana. 15-06.140 Carport. 15-06.150 Clinic. 15-06.160 Community facility. 15-06.165 Community view sheds. 15-06.170 Corral. 15-06.180 Covered parking. 15-06.185 Creek bank. 15-06.190 Day care facility. 15-06.200 Detached. 15-06.204 Development. 15-06.210 District. 15-06.220 Drive-through service. 15-06.230 Driveway. 15-06.240 Dwelling. 15-06.250 Emergency access. 15-06.260 Family. B-11 Zoning Code Amendments 15-06.261 Fence. 15-06.270 Financial institution. 15-06.280 Floor area. 15-06.290 Frontage. 15-06.295 Game arcade. 15-06.300 Garage. 15-06.310 Gasoline service station. 15-06.320 General Plan. 15-06.325 Geotechnical clearance. 15-06.330 Guest house. 15-06.340 Height of buildings. 15-06.341 Height offences, walls and hedges. 15-06.350 Home occupation. 15-06.360 Hotel. 15-06.370 Impervious surface. 15-06.380 Institutional facility. 15-06.385 Intermittent stream. 15-06.390 Keeping; keeping for private use. 15-06.400 Kitchen. 15.06.405 Lightwell. 15-06.410 Loading facility. 15-06.420 Lot. 15-06.430 Lot line. 15-06.440 Repealed. 15-06.445 Mixed use development. 15-06.450 Motel. 15-06.460 Nonconforming. 15-06.470 Nursing home. 15-06.480 Office. 15-06.485 Open space. 15-06.487 Parking District. 15-06.490 Parking facility. 15-06.495 Perennial stream. 15-06.500 Repealed. 15-06.510 Repealed. 15-06.516 Quasi-public use. 15-06.520 Property line. 15-06.525 Protected creek. 15-06.530 Recreational court. 15-06.540 Religious institution. 15-06.550 Restaurant. 15-06.557 Restriction. 15-06.560 Retail establishment. 15-06.570 Right-of--way. 15-06.575 Repealed. 15.-06.580 Repealed. July 26, 2006 B-12 Zoning Code Amendments • • • July 26,-2006 15-06.581 Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES). 15-06.585 Personal service business. 15=06.587 Setback. 15-06.588 Setback Areas. 15-06.590 Setback line. 15-06.600 Shopping center. 15-06.605 Sight triangle. 15-06.610 Sign. 15-06.620 Site. 15-06.630 Slope. 15-06.640 Stable. 15-06.650 Storage. 15-06.655 Story. '~ 15-06.660 Street. 15-06.670 Structure. ~` 15-06.680 Subdivision Ordinance. 15-06.690 Swimming pool. 15-06.700 Use. 15-06.702 Variance. 15-06.704 Vested right. _ 15-06.710 Village. . _ _~~ 15-06.715 Watercourse. '- ~ c n~ ~~n v.,,-a 15-06.740 Zoning map. § 15-06.022 Accessory structure. "Accessory structure" means a structure which is: (i) detached from ~ anv other structure ,~ ^~ such that the distance between any part of the two strictures is thirty-six inches or more; and ii incidental and subordinate to, and customarily associated with., the main structure ~ or Qi-ineipal use on the lot. ,'~~•* „^* :,,,.',.a;^^ Notwithstanding the fore oin~, second dwelling units are not accessory structures. 1 ` (Ord. 223 § 2 (part), 2003) Comment 2.3J § 15-06.030 Addition. "Addition" means any construction which increases the size of a structure in terms of site coverage, height, or guess floor area. (Amended by Ord. 223 § 2 (part), 2003) § 15-06.070 Attached. B-13 Zoning Code Amendments July 26, 2006 "Attached" means anything which is: (i) physically connected to a main big-e~ structured se ate-bese~ ii an integral part oCa main structure tkeree€ and (iii.) included .in the fIo r .red determination for a main structure. as described i.n Article 15-OG. The term ma include components of a structure joined together by a common wall, floor or ceiling. (Amended by Ord. 223 § 2 (part), 2003) [Comment 3.IJ § 15-06.090 Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1 a) If the finished floor directly above the space is more than forty- two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of g~es~floor area. This requirement applies to all lots, with the exception of hillside lots. § 15-06.240 Dwelling. "Dwelling" means a permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, asingle-family dwelling and a lawful second dwelling unit located upon the same site shall not be deemed amulti-family dwelling. (d) Second dwelling unit means an attached or detached residential dwelling unit, built or legalized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation on a parcel within the A, R-1, or HR district where a legally created single-family dwelling is situated. Second dwelling units are not to be sold separately from the primary dwelling, but may be rented. (Amended by Ord. 223 § 2 (part); 2003) • • • B-14 Zoning Code Amendments July 26, 2006 [Comment 3.2J ~~ ~~ [Comment 1.6J § 15-06.280 Floor area. Floor area means the total enclosed, habitable armor accessible floor. space u~er~ee€of all floors of a building where the interior height of the area is equal to or greater than five feet.; > f ' ' slepe~-~ei~i~g-ar~e~~s~f-aEe~ke-#~ee~ea sk-aloe-~eas~e~-te tl3apo;n~~. a ~-*~ ~~ • ~~ ~c~-~ttl~i~r-t1~c~t~tEt~x~e~c~o~s°~'~~~-The tern- "enclosed " as used. in this Section means a structure or area with a .roof.. and with three or more walls, or an equivalent percentage of enclosure. The term "roof," as used in this Section, means a covering of any solid material over at least seventy-five percent ofthe area. Floor area is measured to the outside surfaces of exterior walls. In the case of a sloped ceiling_or ground surface, the floor area shall be measured to the point at wla.ich the interior height is less than f ve feet. ~~ ~~ Pursuant to the :fore oin~, floor area may include halls, staiitivavs, elevator shafts, ducts, service and mechanical equipment rooms, underfloor areas, porches, verandas and sinzilar~building elements, ~ara~es, attics, basements, crawl spaces and accessory structures. Floor area does not include interior. courts which are areas surrounded on all sides by habitable space but which. do • .not have a roof, as def ~~ed herein. , B-15 Zoning Code Amendments July 26, 2006 (Ord. 71-177 § 2, 1998; Ord. 223 § 2 (part), 2003). [Comment 3.3J § 15-06.290 Frontage. "Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line abutting on a street, which does not result in the creation of a nonconforming lot with respect to frontage, width or depth. If more than one property line of a corner lot abutting on a street can be designated as frontage without creating a nonconforming lot, then the shorter lot line shall be desi a~~ ted as the front .lot line except as otherwise determined by the Community Devel~ment Director pursuant to the Director's authority to designate certain lot lines as described in this Chapter. ~~R '' " "°:ty'.u.e~ ":~; '~~ ee--_-~ (Amended by Ord. 223 § 2 (part), 2003) [Comment 3.4J § 15-06.370 Impervious surface. ~~ ~' ~ ~ "Impervious surface" means any structure or h~ constructed surface that disnipts the natural. aesthetic of the landscape, including, but not limited to, solid surface decks and patios, accessory structures, swimming ~' pools, recreational courts, paved driveways and parking areas, and surfaces E~ composed of gravel, decomposed , ar~nite, clay, and. bricks with sand or concrete. {Amended by Ord. 223 § 2 (part), 2003). [Comment 3.SJ § 15-:06.405 Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the lightwell, that is. enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. r • r,. » ,, » i, a •~~ .,~a v„+°~ ; 1~~..,., •+i, +,~ rt •~ -- ~ •~a• - v D C~-ede: (Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part), 2003) [Comment 1.7J § 15-06.430 Lot line. B-16 Zoning Code Amendments July 26, 2006 "Lot line" means any boundary of a lot. (a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line ~- `~~ most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth, the shorter l.ot line shall be considered the front lot line, except as otherwise determined by the Community Development .Director. , (b) Rear lot line means .the lot line not intersectin aag,_front lot line which. is most distant from and most closely parallel to th.e front lot line. A lot bounded by only three lot lines will not have a rear lot line. (c) Side lot line means any lot line which is not a front or rear lot line. (d) Interior lot line means any lot line not abutting a street. (e) Exterior lot line or street lot line means any lot line abutting a street. (f) Where lot .lines have not been designated for an irregularly shaped parcel pursuant to an- a~proved subdivision map, the Community Development Director may assign or designate the lot lines_ ~-~-°^'•'^r °''^"°~ ~° r°'r. Any discretionary decision by the Community Development Director as to the location of a lot line shall be made in writing and kept on file in .the Community :Development Departme~zt. (Amended by Ord. 223 § 2 (part), 2003) [Comment 1.3 and 1.8J § 15-06.460 Nonconforming. "Nonconforming" means not in conformity with any of the regulations set forth in this Chapter. (a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. (b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of size, coverage, setback areas ,height, distance between structures, or other regulation of this Chapter for the district in which the structure is located. (c) Nonconforming facility means a structure or site, which conforms with the regulations of this Chapter but is used or occupied by one or more nonconforming uses. (d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconforming. • (e) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent B-17 Zoning Code Amendments July 26, 2006 rezoning, reclassification, or the adoption of or change in zoning regulations, no longer ,conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which the site is located. (Amended by Ord. 223 § 2 (part), 2003) [Comment 1.9J § 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. Any use including a personal service business is a personal service business and not a retail establishment. (a) Extensive retail establishment, as used with respect to parking requirements, means a retail use having more than seventy-five percent of the g~•ess floor area used for display, sales and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of grass floor area. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment.. _ (Amended by Ord. 223 § 2 (part), 2003; Ord. 236 § 2B, 2005) • $ 15-06._588 Setback Area. ~) "Front setback area" means that portion of a site bounded by the side lot lines, the front lot line and the front setback line located the required minimum distance :from the Cront lot lme. fib) "Side setback area" means that portion of a site bounded by the front setback area. the rear setback area tl~e side lot line and the side setback line located the required mininnxm distance' s from the side lot line. (1) "Exterior side setback area" means that~ortion of a site bounded. by the front setback area, the .rear setback area tlae exterior side lot line and the exterior side setback. lia.~e, located the required minimum distance from the exterior side lot line of a corner lo_t. Exterior side setback areas exist only on corner lots. (~) "interior side setback area" means thatportion of a site bounded by the front setback area, the rear setback area the interior side lot line and the interior side setback line located the required minimum distance Crom the interior side lot line. (c) "Rear setback area" means that portion of a site bounded by the side lot lines the rear lot line or the rearmost portion of the lot if there is no rear lot line and the .rear setback line, located the required minimum required distance from the rear lot line or the rearmost norti.on of the lot .if there is no rear lot line. • B-18 Zoning Code Amendments July 26, 2006 [Comment 1.9J § 15-06.630 Slope. "Slope" means the average slope of the net site area determined by the. following formula, and rounded to the nearest whole percent: - TAT°~ ~:~° °.a , S= 0.002296 x 1` x :L A Where: S=averas~e natural slope in perce~it I=natural contour interval in feet (at intervals of not more than five feet) L=length of natural contours i.n, f:eet ~' A=acres of property fparcel of .record existi~i~ on November 13, 1979) 0.002296=constant which converts square feet into acres and expresses slope in erp .cent' (Amended by Ord. 71-182 § 1, 1998; Ord. 223 § 2 (part), 2003) [Comment S.IJ § 15-06.670 Structure. "Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height. (a) Main structure means a structure housing the principal use of a site or functioning as the principal use. (b) Accessory structure .is as def ned in this Chapter. m°^~~ ^ a°+^^''°a ~'~~•^~•r°, +~° ••~° °~ • ~ , ^ ~.°,.~ .,a ~~,°a~ ," (Amended by Ord. 223 § 2 (part); 2003) B-19 Zoning Code Amendments July 26, 2006 [Comment I.lOJ § 15-06.702 Variance. "Variance" means permission to depart from the literal requirements of the Zoning Ordinance with respect to site area, site frontage, site width and depth, site coverage, setbacks foment •~^ra~, ~;,lo ••^ra^ ^^a rca~~ar~~ front side and rear setback areas, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion ofnon-conforming structures, in accordance with the procedures and requirements set forth in this Chapter. The Planning Commission must make specific findings of fact (or the City Council on appeal) to grant this permission; see Section 15- 70 of this Code. (Ord. 223 § 2 (part), 2003) . ~~ ~~ r ...tie ~ „~.. t ~ + a F ~1, 1 ~ 1• _.. -~ .~ - • • ~; a , , 1 ; 1 ~ ,.*:~„ +i,^ ro ,. ,,,+,;.,o ,. a 1 ~, +,, b ~ YY b 1 l ; ' re ,. ^ ,,^ ,.+ ,,*^ ,^., ,,,. ~,, , ,;ao~l t>,^+ ~ ,. a ~~l 1 + a +1 ~ l; ~ ~ ~ 1 «+., ~ .o .,4 +L, .1 L. 11 L. ,-o. 1 f J ,e ~, . o« , ., ., ,,e ,o ..o ~,~ ,~ „ ., -.,,Y, t r ^ 1 ' , J'^ • ILV11V1 1V V 1111 B_20 Zoning Code Amendments July 26, 2006 [Comment 1.9J § 15-06.740 Zoning map. "Zoning map" means the ~ap-er set of maps filed in Appendix A to this Chapter that are part of the zoning ordinance and delineate the boundaries of zone districts. (Ord. 223 § 2 (part), 2003) [Comment 2.1J § 15-10.010 Designation of districts. The districts established by this Chapter she are depicted on t11e Zoning Map and are described as follows: (a) A: Agricultural district. (b) R-1: Single-family residential districts, consisting of: R-1-40,000 district R-1-20,000 district R-1-15,000 district R-1-12,500 district R-1-10,000 district (c) HR: Hillside residential district. (d) R-OS: Residential open space district. (e) AP/OS: Agricultural preserve/open space overlay district. (f) P-C: Planned community district. (g) R-M: Multi-family residential districts, consisting of: R-M-5,000 R-M-4,000 R-M-3,000 (h) P-A: Professional and administrative office district. (i) C: Commercial districts, consisting of: C-N Neighborhood commercial C-V Visitor commercial CH-1 and CH-2 Commercial historic districts (j) MU-PD: Multiple use planned development district. B-21 Zoning Code Amendments July 26, 2006 a ~~ (k) E: Equestrian zone The equestrian ~c~.ue is an area of the City within which equines ~nay be maintained for_private use and commercial or community stables rnav be maintained. (1) R-1-10,000 single story overlay district for the Saratoga Woods neighborhood. Any single story addition or replacement construction shall be limited in height to the height of the contiguous single story dwellings. The existing two story dwellings within the Saratoga Woods neighborhood are exempt from the provisions of this single story limitation. (m) H: Historic resource overlay district showing location of historic landmarks, heritage lanes, and historic districts. (n) CN drive-through overlay district for the CN zone bounded by Lawrence Expressway and Prospect Avenue. Notwithstanding Section 15-19.020(c), uses with drive-through services may be permitted subject to a use permit requirement in the overlay area_ ~''^•=M ^„ +''° ~^"^~°'„^ m'H °A traffic and circulation study shall be prepared for all such applications. Each application shall be evaluated on its own individual merits. Hours of peak operations shall be compared to hours of peak traffic in the general area. (Delete n:ap on pale 288-5.7 ` (Amended by Ord. 71.98 § 1, 1991; Ord. 71.113 § 1, 1992; Ord. 207 § 2, 2002; Ord. 213 § 3(B), 2002; Ord. 227 § 2, 2004) [Comments 1.6 and 2.1J • § 15-10.020 Zoning map and district boundaries. (a) The zoning map referred to in Section 15-05.010, and all amendments and changes thereto, and all legends, symbols, notations, references and other matters shown thereon, is incorporated herein by reference and constitutes a part of this Chapter. (b) The boundaries of the districts established by this Chapter shall be as shown on the zoning map. All territory within the City is hereby classified into the districts as shown on said map, subject to the specific regulations established by this Chapter for each such district, and all other regulations of this Chapter applicable thereto. (c) The zoning map, as currently effective, shall be Fled in Appendix A to this Chapter, and a record of all amendments and changes ~ke~ete to the o~.~.in~ map, shall be kept on file and maintained as a public record in the office of the step Community Development .Director. [Comment Z.1J B-22 Zoning Code Amendments July 26, 2006 « » > > ;~~ror [Comment 2.IJ Article 15-11 A: AGRICULTURAL DISTRICT 15-11.010 Purposes, of Article. 15-11.020 Permitted uses. 15-11.030 Conditional uses. 15-11.040 General restriction on use. 15-11.050 Site Area c„~.a;.,;~:^r ^~~~+°~ 15-11.060 Site density. 15-11.070 Site frontage, width and depth. 15-11.080 Site coverage. 15-11.090 Front, side, and rear setback areas 15-11.100 Height of structures. 15-11.110 Accessory uses and structures. 15-11.120 Screening and fencing. 15-11.130 Signs. 15-11.140 Off-street parking and loading facilities. 15-11.150 Design review. 15-11.160 Grading on hillside lots. § 15-11.030 Conditional uses. The following conditional uses maybe allowed in the agricultural district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes -and day care facilities. B_23 Zoning Code Amendments July 26, 2006 (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests. (i) Commercial stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (l~j) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71-163 § 1 (part), 1996) [Comment 3.2J § 15-11.060 Site density. Each lot shall have not less than two and one-half acres of net site area for each dwelling unit on the lot, excluding u a~second dwelling unit ~•~*'~^-~~°a ~•• ° ~~+ M~r+°'' " ~+ +^ .. § 15-11.090 Front, side, and wear setback areas tr~•-a, °~''° ~r^~a (a) The minimum front setback. area shall be thirty feet from. the front lot line or. twenty percent of the lot depth, whichever is greater. (b) The minimum side setback area shall be twenty feet from the~plicable side lot line or ten percent of the lot width, whichever is greater. (c) The minimum rear setback. area shall be fifty feet from the rear lot line in the case of a single story structure, and sixty feet from the rear lot line in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater. (Amended by Ord. 71.99 § 5, 1991) § 15-11.100 Height of structures. (a) No single-family dwelling shall exceed twenty-six feet in height ~•,~' ~^ ^*'~°~' +~m° ^'~ + _ ±___. _ _~__r? _. •a *~,~~*~- ~ °* ~ ~ ~a ~~;_provided l.lowever i~p to four feet of additional. hei<~ht maybe approved pursuant ro a Use Permit and Design Review annroval issued in accordance with Articles 15-45 anal 1.5-55 and. Section TS-1.2.100. B-24 Zoning Code Amendments July 26, 2006 No other type of structure shall exceed thirty feet in height. ~(~} No structure shall exceed two stories. [Comment 2.4J Article 15-12 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS 15-12.010 Purposes of Article. 15-12.020 Permitted uses. 15-12.030 Conditional uses. 15-12.040 One dwelling unit per site. 15-12.050 Site area. 15-12.060 Density of hillside subdivisions. 15-12.061 Location of building sites. 15-12.070 Site frontage, width and depth. 15-12.080 Site coverage. 15-12.090 Front, side, andrear setback areas a~~. 15-12.100 Height of structures. 15-12.110 Accessory uses and structures. 15-12.120 Fences, walls and hedges. 15-12.130 Signs. 15-12.140 Off-street parking and loading facilities. 15-12.150 Design review. 15-12.160 Storage of personal property and materials. § 15-12.030 Conditional uses. The following conditional uses'may be allowed in the R-1 districts, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility. • B_2$ Zoning Code Amendments July 26, 2006 (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests, where the lot is located in an R-1 district that is combined with a P-C district or is part o~,planned residential development. ~ (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (j) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. , (k) Cemeteries. (ml) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 221 § 2 (part), 2003) [Comment 3.2J § 15-12.040 One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for a second dwelling unit (Amended by Ord. 221 § 2 (part), 2003) § 15-12.090 Front, side, and rear setback areas ~~side-~at~ . (a) For anv ~lonconformins~ site as defined in this Chapter the requirements provided in Section 15-65 160 apply to the site. For any confonnin~~ site Tthe minimum setback area yam requirements ~~ "~1'rroc~ in the R-1 district, are as follows: (1) Front setback area 3~. The minimum front setback: area of any lot in each R-1 district shall be the distance from the front lot line indicated in the following table: District Front Setback Area R-1-10,000 25 ft. R-1-12,500 25 ft. -~ B_2C Zoning Code Amendments July 26, 2006 R-1-15,000 25 ft. R-1-20,000 30 ft. R-1-40,000 30 ft. (2) Side setback area of interior lots. The minimum side setback area ~ of any interior lot in each R-1 district shall be the distance :from the applicable side lot .line indicated in the following table for each side setback: area First Floor ~t~l Second Floor Via} District Side Setback Area Side Setback Area R-1-10,000 10 ft. 15 ft. R-1-12,500 10 ft. 15 ft. R-1-15,000 12 ft. 17 ft. R-1-20,000 15 ft. 20 ft. R-1-40,000 20 ft. 25 ft. (3) Side setback area of corner lots. The minimum side setback area of any corner lot in each R-1 district shall be the distance from the a pplicable side lot line indicated in the following table: Second First Floor Floor First Floor Second Floor Interior Interior Exterior . Exterior Side Side Side Side Setback Setback Setback Setback Area District Area Area Area R-1-10,000 10 ft. 15 ft. 25 ft. 30 ft. R-1-12,500 10 ft. 15 ft. 25 ft. 30 ft. R-1-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-1-20,000 15 ft. 20 ft. 25 ft. 30 ft. R-1-40,000 20 ft. 25 ft. 25 ft. 30 ft. (4) Rear setback area yam of corner lots. The minimum-rear setback area 3~ of any corner lot in each R-1 district shall be the distance fiom the rear lot line indicated in the following table: B_2'] Zoning Code Amendments July 26, 2006 First floor Rear Second floor Rear District Setback Area Setback Area 3~ R-1-10,000 10 ft. 10 ft. R-1-12,500 10 ft. 10 ft. R-1-15,000 12 ft. 12 ft. R-1-20,000 15 ft. 15 ft. R-1-40,000 20 ft. 20 ft. (5) Rear setback area of interior lots. The minimum rear setback area of any interior lot in each R-1 district shall be the distance from. the rear lot line indicated in the following table: First floor Rear Second floor Rear District Setback Area. Setback Area R-1-10,000 25 ft. 35 ft. R-1-12,500 25 ft. 35 ft. R-1-15,000 30 ft. 40 ft. R-1-20,000 35 ft. 45 ft. R-1-40,000 50 ft. 60 ft. d~elk~g. ~{~) The determination of setback areas for flag lots is as,provided in Section 1.5- 06.430 a . , , ,~ rr_ _~ ~7_ _ 1_~)_ ____•.__.1 _......7 .. «. ..«4..4:.x« .«. «,.1 ..4: ..« 4.. f (Amended by Ord. 221 § 2 (part), 2003) [Comment 4.2J § 15-12.100 Height of structures. (a) No single-family dwelling or second dwellill~ unit shall exceed twenty-six feet in height; a~ provided however up to four feet of additional hei~ht_may be approved pursuant to a Use Permit and Design Review ~proval issued in accordance with Articles 15-45 and 15-55 6 Fr ci-irs C-eEle-if~the additional height is necessary in order to adhere to a specific architectural stylei x~xrc-xxrii'r vixr`v o°c--~-iaiccQ-virrc~racziri~~r,~Qe alld " `1""~ ~2 the parcel exceeds 20,000 squarerfeet. The Staff and Planning Commission will use -"A Field B_28 Zoning Code Amendments July 26, 2006 Guide to American Houses" and other ~°~^~~~^° r^^'°~~~°' ~aocurnents approved by the Planning Commission as resources descents to assess the purity of architectural design. (b) Main structures as defined ii~- this Chapter, other than. sin~;l.e-fancily dwelli~i~s and second. d«~ellin~ units shall not exceed thirty feet in height. (-h-}-~No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve up to five feet of additional ^~' °„ ^ ~'~~~^+~~~'° °°+°„a;,,,. •"~ *° ~~€eet-i~rheight if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. fed-~No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, athree-story structure maybe allowed for an institutional facility located upon a site designated for quasi-public facilities (QPF) in the-General Plan; where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. (Amended by Ord. 221 § 2 (part), 2003) [Comments 2.4 and 3.2J § 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 setback area , and no portion of any required exterior side or rear setback area yard of corner lots, and rear setback area }aid of double frontage lots, except as hereinafter provided, -shall for any period of time in excess of five consecutive 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) Trailers~of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats., (4) Parts of any of the items of property described in (1), (2) or (3) of this subsection. (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued, in accord with Chapter 16 of this Code. (6) Trash, garbage or refuse, except as provided by Article 7-OS in Chapter 7 of this Code. Any of the foregoing items of property which have been stored on a site or setback area described herein for less than five consecutive days and then removed, shall not again be stored B-29 Zoning Code Amendments July 26, 2006 on such site or setback area. unless in compliance with subsection (c) of this Section or pursuant to a temporary use permit issued pursuant to subsection (d) of this Section. (c) The items of property described in subsection (b) of this Section maybe stored in exterior side and rear setback area of corner lots and rear setback area 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 the front, side or rear setback areas 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. (Amended by Ord. 221 § 2 (part), 2003) Article 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT 15-13.010 Purposes of Article. 15-13.020 Definitions. 15-13.030 Permitted uses. 15-13.040 Conditiona<1 uses. 15-13.050 Development criteria. 15-13.060 Subdivision of sites. 15-13.070 Site frontage, width and depth. 15-13.080 Site coverage. 15-13.090 Front side, and rear setback areas yard, s~~s 15-13.100 Height of structures. 15-13.110 Accessory uses and structures. 15-13.120 Fences, walls and hedges. 15-13.130 Signs. 15-13.140 Off-street parking and loading facilities. 15-13.150 Design review. 15-13.160 Storage of personal property and materials. B-30 Zoning Code Amendments July 26, 2006 § 15-13.040 Conditional uses. The following conditional uses maybe allowed in the HR district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections (k), (1), (m), (n) and (o) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area: (a) Accessory structures and uses located on the same site as a conditional use. (b) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (c) Recreational courts, to be used solely by persons resident on the site and their guests. (d) Boarding stables and community stables, subject to the regulations prescribed in Section 7- 20.220 of this Code. (e) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (f) Stables and corrals for the keeping for pnvate use of more than two minimum net site area for each horse shall be forty thousand square fe equestrian zone only, one additional horse maybe permitted for each f of net site area. All horses shall be subject to the regulations and licens Section 7-20.220 of this Code. (g) Plant nurseries, excluding sales of items other than plant materials. horses on a site. The et, except that in the orty thousand square feet e provisions set forth in (h) Wineries. ~vric~ccv"'~ ~~ .4~Lo.a L, K µnn r~nrrhitmnr.4va .~.,...:.~ +~ A.-Fi~l~ 1 C C(. ~f'41~~~ (}i) Cluster development in accordance with Section 15-13.060(c). (l~j) Community facilities. (~k) Institutional facilities. (~1) Police and fire stations and other public buildings, structures and facilities. (nm Religious and charitable institutions. B-31 Zoning Code Amendments July 26, 2006 (en) Nursing homes and day care facilities. (po) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Ord. 71.113 § 2 (part), 1992; Ord. 71-163 § 1 (part), 1996) [Comment 3.2J § 15-13.050 Development criteria. No principal use shall be established, and no main structure shall be erected or constructed in the HR district, nor shall any building or other permit be issued therefore, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code: (a) Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. The planting and landscaping portion of said plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the excavating and grading and subdivision ordinances of the City. Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid erosion; flooding, slides and other hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils hazard shall be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the geologic and soils investigation report and recommendations. (b) Geologic and soils report. A preliminary combined geologic and soils investigation and report prepared by a certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and-soils report shall fully and clearly present: (1) All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data. (2) The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site. • B_32 Zoning Code Amendments July 26; 2006 (3) Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe development of the property. (4) Recommendations for additional investigations that should be made to insure safe development of the property. (c) Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or prior to issuance of a building permit, unless the City Geologist determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies: (1) Soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures. (2) With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work. (3) With respect to any area within-one hundred feet of a recognized trace of the potentially active Berrocal fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable structure. (4) A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale. (d) Inspection reports. The results of the geologic and soil investigations referred to in subsections (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist maybe required to submit reports during grading, during construction, and following completion of the project. The final report shall affirm that the grading and foundation excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as-built condition of the project, and shall contain such other information as maybe required by the City. (e) Location of building sites. B_33 Zoning Code Amendments July 26, 2006 (1) In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, Sun and Sex. Sites on potentially moving slopes (Pmw, Ps, Pd) and moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrates long-term stability to the satisfaction of the City. The City'sgeolo~ maps filed in Appendix A to this Chapter and descriptions of the soil classifications, filed in Appendix B to this Chapter are incorporated herein by reference and constitute a part oPthis Chapter. (2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built on a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (i) a variance pursuant to Article 15-70 of this Chapter maybe granted where the findings prescribed in Section 15-70.060 can be made, and (ii) an exception under Article 14-35 of the Subdivision Ordinance maybe granted where the findings prescribed in Section 14-35.020 can be made. (f) Grading. The combined cut and fill of any grading, cxcludin~~;radin~ for a basement as defined in Article 15-06 shall not exceed one thousand cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all of the following fmdings: (1) The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site; and (2) The natural land forms and vegetation are being preserved and protected; and (3) The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and (4) The increased grading is necessary to integrate an architectural design into the natural topography; and (5) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. (6) No building site shall be graded so as to create a flat visible pad surrounding the main residential structure. (g) Grade of private streets and driveways. Unless otherwise permitted by the Planning Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet. (Ord. 71.113 § 2 (part), 1992) [Comment 2.2J • B-34 Zoning Code Amendments July 26, 2006 § 15-13.060 Site Area. (a) Determination of lot size. Except as otherwise provided in subsections (b) and (c) of this Section, the minimum lot sire within the HR district shall be two acres. In addition each lot ' shall contain a minimum net site area based upon the average slope of such lot, determined in accordance with the following table: • • *Average Net Site ~~ Average ~ Net Site ~ Slope. Area ~~~ Slope ~ Area I 0 or less ~ 2.00 ~ 26 ~ 3.42 1 2.03 T~27 ~ 3.52 2 t 2.07 28 ~ 3.62 3 ~ 2.10 ~l~ - ~~~^^29 ~ j 3.73 4 ~ 2.14 ~ 30 ~ 3.85 5 ~ 2.17 ~ ~~-^ 3.1 ~ 3.96 6 ~ 2.21 1 32 ; 4.09 7 ~ 2.25 ~ 33 4.24 8 ~ 2.29 ~ 34 I 4.39 9 2.34 35 ~ 4.55 10 ~ 2.38 ~ 36 4.72 11 ~ 2.43 37 j 4.90 12 ~ 2.48 ; 38 j 5.10 13 _ ~ 2.53 j~ 39 ~ 5.32 14 ~ 2.58 40 j 5.56 15 ~ 2.63 ~ 41 5.82 16 2 69 { 42 6.10 17 ~ 2.75 43 j 6.41 18 ~ 2.81- ~ 44 6.96 19 ~ 2.87 ~ 45 ~ 7.14 20 ~ 2.94 ~ 46 j 7.58 21 ~ 3.01 47 j ~ ~ ~ 8.06 22 48 ~ 3.09 8.62 23 ~ 3.16 ~ 49 X 9.25 ( 24 3.25 ~ 50 j 10.00 25 __.~~.~ _ 3.33 ~~ __________~._._ ~_ B-35 Zoning Code Amendments July 26, 2006 *Average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. (b) Increase in lot size. The City may require any or all of the lots within a subdivision to have a larger size than required under subsection (a) of this Section if the City determines that such increase is necessary or appropriate by reason of site restrictions or geologic hazards. (c) Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under subsection (a) of this Section, if all of the following requirements are satisfied: (1) The reduction in lot size is for the purpose of clustering building sites in order to create dedicated open space accessible by the public which may contain recreational facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15-13.030(h). (2) The reduction in lot size is offset by an equal or greater area of land which is dedicated to the public as permanent open space. (3) The cluster development reduces the gross development area which shall include but not be limited to grading, streets, driveways, main structures, accessory structures and impervious coverage so as to minimize, to the extent possible, views of such area from public lands, streets and highways. (4) No single lot has a net site area of less than twenty thousand square feet. (5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula: N = 1 0.5 - :008S Where: N =the net site area per dwelling unit. S =the average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter. (6) The size of each unit shall be determined in relation to the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a single unit exceed seven thousand two hundred square feet in area. (7) The clustering of building sites will result in greater preservation of the natural terrain. (8) The use permit approved by the Planning Commission includes specified standards which may deviate from those contained in this Article as follows: (i) length of driveway; (ii) reduction in building height; (iii) reduction in allowable floor area; (iv) reduction in site coverage; (v) increase in site dimensions; and (vi) increase in setbacks. (9) The clustered development shall be connected to a sanitary sewer system. (d) Resubdivision. Upon recordation of a final or parcel map covering any site within the HR district, applicants may request resubdivision of lots or parcels shown on the map only where the newly proposed lots meet all applicable general plan, zoning and subdivision provisions. Where a clustered subdivision has been approved pursuant to subsection (c) of this Section, no lot, B-36 Zoning Code Amendments July 26, 2006 • including the open space lot(s) maybe further subdivided unless the entire clustered subdivision continues to meet applicable general plan and zoning density requirements. (e) Exempted lots. Any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created, is exempt from the density requirements set forth in subsection (a) of this Section provided such lot was created prior to Apri125, 1978. Any lot so exempted will not lose its exempt status if either of the following events takes place subsequent to Apri125, 1978: (1) A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the original square footage of the lot; or (2) The lot is enlarged by the addition of land from any adjoining parcel. (Ord. 71.113 § 2 (part), 1992) [Comment 3.8J § 15-13.090 Front, side, and rear setback areas . (a) The minimum setback area requirements for all lots within the HR zoning district~itl~ *,,o o.,,. ~• ~.. „~ 1„~~ ra 1„~~ o.,*oa .,moo,. r,r., . , c , ~o~ are as follows: my vnvv~~~uv~ , , (1) Front setback area . The minimum front setback area shall be thirty feet from the front lot line. (2) Side setback area . The minimum side setback area shall be twenty fe~from the S applicable side lot linet. ~ ~~ ~~ (3) Rear setback area . The minimum rear setback area shall be fifty feet from the rear lot line in the case of a single-story structure and sixty feet front the rear lot line in the case of a multi-story structure. , €elle~~ (1) &r~x~t~:r~x~l• ~r~.~ .,..------- ,,,., ~.v.,~ ~ ~a ~1,~71 >,e ~i.~,.E~, r =: ~a +,,,o„+,,,.o,.,.e~~ ,.~~t,o 1 ~ a +t,~ „i,;,,,,e ~ greater . i X22 .4ir~ , ,-ate ml,e ;,ae ,.a ..t,.,ll ,..e ..,.,,,.*.. r „~ , ~t,o o ,.~., „*o,.:,,,. ~;a a a~ta_,--~..~,,,.~.,~., ~. e ~ o* ;,, +t,o o „~.,,, e.,*e,.;,,,. ~;,to ..a ,. ~0 0 0.,+ ,.~~>, 1 t •a~>, .-~~J ~~ ~__. ~~~ ~~~_ _~..~ ..~ {All VA{.VllV1 J1LLV ,'~ , ~ , ,,.a ~ ,~~„ F o+ ;,, ~t,o .,4' .. ,.,.,,,1~; ~~..«, ~+,.,,..~,,,.,, .- }1 ,o,~~,. ~,.o ,,.e,-„e..~ „F X1.0 1,.+ ,7 +L, ~g: B_3'] ~ Zoning Code Amendments July 26, 2006 ~{~} Tl1e l~determination of setback areas y~ for flag lots .is as provided in Section 15- • 06.430 a n ~ „ ~„~ , ,_*~, ~ o „o ,;a~~, +~,.,~ o - -sa~ ;,.~ o „o ao,.~t, ~~0 1.,.,Ro ~D - rnO_ ~ ~y u111, L11V 1Vl1y1.1• a• i. ~:ae..oa ~i,e ae,.~~, ~ ,.+~o r ~~mo.,~,,..:,,,. ~~e ~.,.,,+ ~;ao .,,,a ro ~ r r~ r" o (Ord. 71.113 § 2 (part), 1992) [Comment 4.2J § 15-13.100 Height of structures. No structures shall exceed two stories nor shall any structure exceed the following heights: (a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridge that does not have dense tree cover. (b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. (c) Asingle-family dwelling or second dwelling unit not limited by subsection (a) or (b) of this Section shall not exceed twenty-six feet in height;~rovided, however,. up to four feet of additional height may be approved pursuant to Use Permit anal .Design Review approvals issued iti accordance with Articles 1.5-45, 15-SS and Section 15-12.100. Any other type of main structure not limited to subsection (a) or (b) of this Section shall not exceed thirty feet in height. (-dj-~An accessory structure not limited by subsection (a) or (b) of this Section shall not exceed ~el~e fifteen feet in height; provided, however, the Planning Commission may approve a~ *-~•~*••--~ ~vt~.^a:::h ~ .~ f<~~~:: up to five feet ~r-of additional height pursuant to Article 55 if the Commission finds anal deteilni.nes that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (Ord. 71.113 § 2 (part), 1992) [Comment 2.4J § 15-16.040 Conditional uses. The following conditional uses maybe allowed in a P-C district, upon the granting of a use permit pursuant to Article 15-55 of this Article: B-38 Zoning Code Amendments July 26, 2006 (a) All conditional uses, ' , as may be allowed in an R-1 district, maybe allowed in an R-1 district which is combined with a P-C district. (b) All conditional uses as maybe allowed in an R-M district, maybe allowed in an R-M district which is combined with a P-C district. § 15-16.050 Standards. (a) Standards of site area and dimensions, site coverage, density of dwelling units, setback areas y~ ~ types of structures, distances between structures, fences, walls and hedges, signs and off-street parking facilities shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the district with which a planned community district is combined. (b) The Planning Commission shall have authority to grant exceptions to ~edi-€y-the regulations in this Chapter pertaining to site frontage, width and depth, site coverage, front, side and rear setback areas , distances between structures, fences, walls and hedges, and accessory structures at the time of tentative subdivision approval, without compliance with the provisions of Article 15-70 of this Chapter relating to variances. (c) Any P-C area shall contain a common green unless specifically waived by the Planning Commission. § 15-16.060 Reclassification procedure. The procedure set forth in Article 15-85 of this Chapter shall apply to applications for a change of zone to a combined planned community district, subject to the following exceptions and provisions: (a) Each reclassification to a planned community district shall be a conditional reclassification in accord with Section 15-85.090, and each such conditional reclassification shall in all cases include the following minimum conditions: (1) That the entire site shall be developed in accord with a final site development plan previously approved by the Planning Commission and that building permits shall have been issued and construction commenced on all structures shown on said site development plan or particular units thereof no later than one year from the date of adoption of the reclassification ordinance. (2) The owner shall be required to enter into a written contract with the City, secured by good and sufficient bond or bonds, agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use of the residents of the development. (b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or subdivision approval in accordance with the provisions contained in the Subdivision Ordinance, together with the proposed procedure to be followed to insure the care, maintenance and operation of all common areas covered by the agreement referred to in subsection (a)(2) of this Section. B-39 Zoning Code Amendments July 26, 2006 (c) The drawing to be furnished with the application, as required under Section 15-85.030, shall be a general site development plan of the entire development drawn to scale and showing the contours of the site at intervals of not more than five feet, and shall in addition include all of the following information: (1) Proposed land uses, population densities, building intensities and parking areas, particularly showing those areas and buildings, if any, intended for the common use or benefit of all residents of the development. (2) Proposed circulation pattern, indicating both public and private streets. (3) Proposed parks, playgrounds, school sites, and other open spaces. (4) General delineation and location of each and every building and structure; the proposed use of each building and structure and a schedule for the construction of each building and structure. (5) Relation of the development to future land use in the surrounding area and to the General Plan. (d) The Planning Commission may recommend and the City Council may adopt a change of zone to a planned community district as applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission and the Council make the finding that the change is required to achieve the objectives of the Zoning Ordinance set forth in Section 15- 05.020, and make the following additional findings: (1) That the proposed location of the planned community district is in accord with the objectives of the General Plan and the purposes of the district in which the site is located. (2) That the proposed planned community district will comply with each of the applicable provisions of this Chapter. (3) That standards of site area and dimensions, site coverage, setback areas spaces, heights of structures, distance between structures, fences, walls and hedges, signs, rights of way and off- street parking facilities for the development will produce an environment of stable and desirable character consistent with the objectives of the Zoning Ordinance and the General Plan. (4) That the combination of different uses in the development will compliment each other and will harmonize with existing and proposed land uses in the vicinity. Article 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS 15-17.010 Purposes of Article. 15-17.020 Permitted uses. 15-17.030 Conditional uses.. 15-17.040 Site area. 15-17.050 Site density. 15-17.051 Location of building sites. 15-17.060 Site frontage, width and depth. 15-17.070 Site coverage. 15-17.080 Front, side, and rear setback areas . 15-17.090 Height of structures. 15-17.100 Distance between structures. 15-17.110 Accessory uses and structures. 15-17.120 Fences, walls and hedges. 15-17.130 Signs. 8-40 Zoning Code Amendments • • • 15-17.140 Off-street parking and loading facilities. 15-17.150 Design review. 15-17.160 Storage of personal property and materials. § 15-17.080 Front, side, and rear setback areas "„^..a yams a~e~tr . July 26, 2006 ;~ i (a) For any nonconfonnin~ site as defined in this Chapter, the requirements provided in Section 15-fi~.160 apply to the site. For any conPormin sib te, except as otherwise provided in this Section, the minimum front, side anal .rear setback areas ..,,,.a, ~~a° ~~°r~'° °r~_,.°° ~~ of any lot in each R-M district shall be as follows: Front ;Side ~ Rear SSetback Area ;Setback Area Sep tback Area j25 feet ;10% of site width 25 feet (b) Notwithstanding subsection (a) above, aY4 side setback area of more than twenty-five feet from the applicable side lot line shall not be required, and a side setback area of less than ten feet from the applicable side lot line shall not be permitted, subject to the following exceptions: (1) The exterior side setback area yard of a corner lot shall be not less than fifteen feet from the exterior side lot line. (2) One foot shall be added to an interior side setback area yam for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area yam exceeds fourteen feet in height; provided, that an interior side setback area ~ of more than twenty-five feet from. the interior. side lot line shall not be required. (c) No structure used for human habitation and no structure containing machinery or other fixed equipment capable of creating noise audible outside of the structure shall be located closer than five feet from a side or rear property line. Article 15-18 P-A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT 15-18.010 Purposes of Article. 15-18.020 Permitted uses. 15-18.030 Conditional uses. 15-18.040 General restrictions on use. 15-18.050 Site area. 15-18.060 Site frontage, width and depth. 15-18.070 Site coverage. B-41 Zoning Code Amendments July 26, 2006 15-18.080 Front, side, and rear setback: areas .'.,, yards ana~~. 15-18.090 Height of structures. 15-18.100 Screening, landscaping and fencing. 15-18.110 Signs. 15-18.120 Off-street parking and loading facilities. 15-18.130 Design review. § 15-18.080 Front side, and rear setback areas ...,,.a, °~a° _•° (a) Front setback area . The minimum front setback area yam of any lot in a P-A district shall be twenty-five feet :from the front lot line. (b) Side setback area . The minimum side setback area 3~ of any lot in a P-A district shall be ten percent of the average width of the site; provided, that a side setback area of more than twenty-five feet from t17e applicable side lot line shall not be required and a side setback. area yam of less than ten feet from the applicable side setback area shall not be permitted, subject to the following exceptions: (1) The exterior side setback area of a corner lot shall be not less than fifteen. feet from the exterior side lot line. (2) One foot shall be added to an interior side setback area yam for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than thirty feet from the interior side lot line shall not be required. (c) Rear setback. area 3~. The minimum rear setback area of any lot in a P-A district shall be twenty-five feet from the rear lot line, subject to the following exceptions: (1) One foot shall be added to the minimum rear setback area 3~ for each two feet of height by which a structure exceeds fourteen feet in height. (2) Where a rear setback area is adjacent to property within an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty-five feet from the rear lot line. (Amended by Ord. 71.113 (part), 1992) § 15-18.100 Screening, landscaping and fencing. (a) Where a P-A site is adjacent to an A, R-1, HR, or R-M district, solid fence, vine covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front setback area , and an area five feet in depth adjoining such, property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise. B-42 Zoning Code Amendments July 26, 2006 • (b) Not less than ten feet of the required front setback area shall be landscaped and permanently maintained. (c) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (Amended by Ord. 71.113 (part), 1992) § 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use maybe allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (b) Conditional uses. The following conditional uses maybe allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions-set forth in Section 7- 20.210 ofthis Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. B-43 Zoning Code Amendments July 26, 2006 (14) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini-storage facilities. (6) Outdoor sales or storage of motor vehicles. (d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (1) A variance pursuant to Article 15-70 of this Chapter maybe granted where the findings prescribed in Section 15-70.060 can be made, and (2) An exception under Article 14-35 of the Subdivision Ordinance maybe granted where the findings prescribed in Section 14-35.020 can be made. (e) Setback Area ~~. No use shall occupy any required setback area yam, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage. (f) Screening, landscaping and fencing. (1) Where a site is adjacent to an A, R-l,1-iR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front setback area yam, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so. (4) Notwithstanding any other provision contained in this subsection (f), the Community Development Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height-along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial B-44 Zoning Code Amendments July 26, 2006 development, such fence or wall shall be installed within sixty days after the requirement is imposed by the star Conununity Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. The design, color and materials of the fence or wall shall be subject to approval by the Community Development Director, based upon a finding that the design, color and materials of the fence or wall will not adversely affect contiguous properties. (5) Required pedestrian open spaces, front setback areas. yams side setback areas yams, and not' less than fifteen percent of any parking lot area; shall be completely landscaped and permanently maintained. (6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of--way. (7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. (g) Signs. No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. (h) Off-street parking and loading facilities. Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. (i) Design review. All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter. (Amended by Ord. 71.91 §§ 3, 4, 1991; Ord. 71.113 (part), 1992; Ord. 71.122 § 1 (part), 1993; Ord. 71-163 § 1 (part), 1996; Ord. 211 § 2, 2002; Ord. 236 § 2C, 2005) [Comments 1.9 aced 1.2J § 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. B-45 Zoning Code Amendments July 26, 2006 (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter. (1) Mixed-Use Development conforming to the Design Standards found in Article 15-58. (2) Medical offices and clinics. (c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C- Ndistrict shall be as follows: '~~ Frontage ~ Width Depth 60 feet ( 60 feet j 100 feet i (e) Coverage. The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent. (f) Front setback area . The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback. area shall be fifteen feet. (g) Side and rear setback areas . No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions: (1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area yam of the abutting lot. (2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area yam or rear setback area abutting such other district shall be thirty feet. (3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area ~ adjacent to such street or alley shall be ten feet. Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by B-46 Zoning Code Amendments July 26, 2006 which a structure within thirty feet of the lot line for such setback. area yam exceeds fourteen feet in height. (h) Height of structures. The maximum height of any structure in a C-N, district shall be twenty feet. (i) Enclosure of uses. All permitted and conditional uses .shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots. (j) Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (k) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site; and (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient. amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2D, 2005) § 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal service businesses. • B_4'] Zoning Code Amendments July 26, 2006 (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Religious and charitable institutions. (2) Mixed-Use Development conforming to the Design Standards found in Article 15-58. (3) Medical offices and clinics. (4) Mortuaries. (5) Theaters. (6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure. (c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand square feet. (d) Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C- Vdistrict shall be as follows: Frontage ~~Width j Depth 60 feet ~~60 feet 100 feet (e) Coverage. The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent. (f) Front setback area . The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site adjacent to and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area yam shall be fifteen feet. (g) Side and rear setback areas . The minimum side setback area yams of any lot in a C-V district shall be ten feet and the minimum rear setback area ~ of any lot in a C-V district shall be thirty feet, subject to the following exceptions: (1) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height. • B_48 Zoning Code Amendments Jzj y 26, 2006 (2) One foot shall be added to the minimum rear setback area yam for each one foot~of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area yard exceeds fourteen feet in height. (3) On a comer lot, the minimum exterior side setback area yard shall be twenty feet. (h) Height of structures. The maximum height of any structure in a C-V district shall be twenty feet. (i) Screening, landscaping and fencing. (1) An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site. (2) A use not conducted within a completely enclosed structure shall be screened by a solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates where necessary) not less than six feet in height. This requirement shall not apply to off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, and Christmas tree and pumpkin sales lots. (j) Alternative standards for multi-family dwellings. Notwithstanding any other provisions of this (1) The project will not constitute overbuilding of the site; and Section, where multi-family dwellings will be located upon a site, the Planning Commission shall apply for such dwellings the development standards set forth in Article 15-17 of this Chapter. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (2) The project is compatible with the structures and density of development on adjacent properties; and (3) The project will preserve a sufficient amount of open space on the site; and (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2E, 2005) § 15-19.050 C-H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: professional, • administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) B-49 Zoning Code Amendments July 26, 2006 Personal Service Businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 1.5-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-use development conforming to the design standards found in Article 15-58 (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. (c) Site area. The minimum net site area in each C-H district shall be as follows: District Net Site Area CH-1 5,000 sq. ft. CH-2 7,500 sq. ft. (d) Site frontage, width and depth. The minimum site frontage, width and depth in each C-H district shall be as follows: District Frontage Width Depth CH-1 50 ft. 50 ft. 100 ft. CH-2 50 ft. 50 ft. 100 ft. (e) Coverage; pedestrian open space. (1) In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site maybe covered by structures if, for any structure coverage in excess of eighty percent, an equivalent area on the site is devoted to pedestrian open space. (2) In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. • In addition, an area equivalent to not less than twenty percent of the net site area shall be devoted B-50 Zoning Code Amendments July 26, 2006 to pedestrian open space. All or any portion of the required front setback area may be used for pedestrian open space. (3) The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site. (f) Front setback area . No front setback area shall be required in the CH-1 district. The minimum front setback area of any lot in the CH-2 district shall be fifteen feet. (g) Side setback area . No side setback area shall be required in either the CH-1 or CH-2 district. (h) Rear setback area yam. No rear setback area yam shall be required in the CH-1 district. No rear setback area shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of--way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area yam exceeds fourteen feet in height. (i) Height of structures. The maximum height of any structure in each C-H district shall be as follows: District Height CH-1 35 feet. No portion of a structure facing Big Basin Way l' shall exceed two stories, and no portion of a structure facing Saratoga Creek shall e~~$.ed_tl~r-~ 'es CH-2 26 feet. No structure shall exceed two stories. (j) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, garden shops and outdoor dining. (1) E;~ce~tions to Med~h;atie~-ef standards for historic structures. The Planning Commission shall have authority to~"rant exceptions to medi€y any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure which has been designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning Commission finds and determines that: (1) The exception ~ed~ien will facilitate preservation of the historic structure; and B-51 Zoning Code Amendments July 26,.2006 (2) The application and the proposed exception med~i"" have been reviewed and approved by the City's Heritage Commission; and (3) The exception. medi€~c-alien will not be detrimental to the use and enjoyment of other properties in the vicinity; and (4) The exceptio~.~ medi~rsat~ee will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street parking, and will not create a hazard to the public safety. (Amended by Ord. 71-108 § 1, 1992; Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2F, 2005) Article 15-20 R-OS: RESIDENTIAL OPEN SPACE DISTRICT 15-20.010 Purposes of Article. 15-20.020 Permitted uses. 15-20.030 Conditional uses. 15-20.040 Nonconforming uses.- 15-20.050 Development criteria. 15-20.060 Subdivision of sites. 15-20.070 Site frontage, width and depth. 15-20.080 Site coverage. 15-20.090 Front, side, and rear setback areas 15-20.100 Height of structures. 15-20.110 Accessory uses and structures. 15-20.120 Fences, walls and hedges. 15-20.130 Signs. 15-20.140 Off-street parking and loading facilities. 15-20.150 Design review. 15-20.160 Storage of personal property and materials. § 15-20.020 Permitted uses. The following permitted uses shall be allowed in the R-OS district: (a) Single-family dwellings. No more than one dwelling unit shall be located on each lot. (b) Accessory structures located on the same lot as a permitted use and not exceeding a total floor area of two hundred fifty square feet, including detached garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment and one guest house. Accessory structures for agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of one thousand six hundred square feet. (c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site • area shall be one acre for each two horses kept on the site. All horses shall be subject to the B-52 Zoning Code Amendments July 26, 2006 regulations and license provisions set forth in Section 7-20.220 of this Code. Notwithstanding the provisions of subsection 16-80.030(a) of this Chapter, no stable or corral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and/or Santa Clara Valley Water District. The property owners shall comply with the mitigation measures pursuant to the Water District and/or the City Engineer's requirements. In addition, the natural grade of a corral shall not exceed an average slope of fifteen percent. (f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15-20.050 (g)(5) and Section 15-80.030. (g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in subsection 15-11.020(h) of this Chapter. (h) Public parks, trails and other publicly owned open spaces. (Ord. 71.98 § 2 (part), 1991) § 15-20.030 Conditional uses. The following conditional uses maybe allowed in the R-OS district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter: (a) Accessory structures exceeding a guess floor area of two hundred fifty square feet. The height standards for such structures maybe modified by the Planning Commission through use permit approval. (b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in total floor area. (c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public. (d) Police and fire stations and other public buildings, structures and facilities. (e) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (f) One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in subsection 15-80.030(c) of this Chapter. (g) Commercial stables, boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (h) Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees. (i) Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation. (j) Picnic and camp sites. (k) Botanical gardens. . (1) Clustered housing per Section 15-20.060(d). (m) Veterinarian clinics. • (Ord. 71.98 § 2 (part), 1991) $_53 Zoning Code Amendments July 26, 2006 • § 15-20.070 Site frontage, width and depth. (a) The site frontage and average width and depth of any lot in the R-OS district shall be not less than the following: Frontage Width Depth 100 ft. 500 ft. 700 ft. (b) The Planning Commission shall have authority to rant exceptions to medi€y the standards provided in paragraph (a) of this Section upon the findings that the changes in the dimensions of the lot_ (i) will contribute to preservation of open space; (ii) will conform with the topography of the area and will minimize environmental impacts; and (iii) will not result in perception of higher density than a lot of standard dimensions. (c) Notwithstanding the provisions of subsection (a) of this Section: (1) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (2) The frontage and width of an access comdor to a flag lot, shall be not less than thirty feet. (Ord. 71.98 § 2 (part), 1991) § 15-20.090 Front, side, and rear setback areas ~ yams a~ yard. (a) Except as otherwise provided in subsection (b) of this Section, the minimum front, side, and rear setback areas of any lot in the R-OS district shall be as follows: Front ~_____.Interior iExterior Rear Setback Area aSid~ e Setback. Side Setback ,Setback Area j ~~ Area Area ~'-ar~ ~d -- - f ~------_ ~ISingle Story 50 ft. ~40 ft. ~~50 ft. ~I100 ft. ,_ fTwo Story X70 ft. ,60 ft. ~~ 70 ft. 1120 ft. (b) The dctcnnination of setback area for flag lots is as provided in Section 15-06.430(x). 9n-a B-54 Zoning Code Amendments July 26, 2006 ~~ y~`a~~~a ,~,~ ao_ ~i. ~ r „i..e' „ - ,.-e- ~~,e__ ,,.:~N +i.. -a. ~.,~v =;ao _„a._..__ .., ~~, v v g u ..a pia uvY ~.. iv ~aiv Yui`rv.~v vi aaavuna' , , ~,. a„ ~„ .,.,,,, .... ,,,,,......., ,.; „~.,~;,,., ;,, ,.e~.,~,,,,, ~„ .,a;.,,.e,,. ~ ~ (c) The Planning Commission may grant exceptions to medi~fy the minimum setback standards upon the findings that the variation from the standards will result in a significantly reduced environmental and visual impact, minimize the grading and preserve the natural vegetation and wildlife habitat. (Ord. 71.98 § 2 (part), 1991) § 15-20.100 Height of structures. No structure shall exceed two storiesy nor shall any structure exceed the following heights: (a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridgeline that does not have dense tree cover. (b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. (c) A structure not limited by subsection (a) and (b) above shall not exceed twenty-two feet in height.-;.provided, however, that Tthe. Planning Commission may approve up to four .feet of additional hei~.,ht if the Design Review findings in Section 15-45.080 can be made. (d) Accessory structures shall not exceed twelve feet in height; provided, however, that the Planning Commission may approve up to three feet of additional height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood; (3) The additional height is necessary for a structure for agricultural use. (Ord. 71.98 § 2 (part), 1991) Comment 2.4J § 15-29.010 Height restrictions. (a) General regulation. Except as otherwise specified in this Article, no fence or wall shall exceed six feet in height. (b) Front ~s and exterior side setback area of reversed corner lots. No fence or wall located within any required front 3~ or q~ired exterior side setback. area yam of a reversed corner lot shall exceed three feet in height, except as follows: (1) A fence or wall lawfully constructed prior to March 20, 1987, may extend to a height not exceeding six feet, if such fence or wall does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; provided, B-$5 Zoning Code Amendments July 26, 2006 however, that upon the destruction or removal of more than one-half of the length of such nonconforming fence or wall, any replacement fence or wall shall not exceed three feet in height. (2) Wrought iron entrance gates, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet. (3) Safety railings that are required by the Uniform Building Code shall be excluded from the height requirements of this Section. (c) Street intersections. No fence, wall or compact hedge located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (e) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters. (f) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (g) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding fine fore~oin~ no retaining wall located in a front or exterior side setback area shall. exceed three .feet in liei ~ht. (h) Fencing adjacent to commercial districts. The c-te~ Community Development Director may issue a special permit to allow a fence up to eight feet in height where such fence is installed along a rear setback area or interior side setback area of a residential site which abuts a commercial district. The s~ Com.n~unity Development Director may impose such conditions as he deems appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the fence and landscape screening. Applications for a special permit under this subsection shall be filed with the star Commu~.tity .Development Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by the City Council. (Amended by Ord. 71.86 § l,' 1991; Ord. 71-106 § 6, 1992) [Comment 3.6J § 15-29.030 Fencing to mitigate noise from certain arterial streets. B-56 Zoning Code Amendments jury 26 2006 (a) For the purpose of noise mitigation, a fence exceeding the height otherwise prescribed in this Article as the limit for such fence maybe located within any required setback area abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lawrence. Expressway or the portion of Cox Avenue between SaratogalSunnyvale Road and Saratoga Avenue, upon the issuance by the Community Development Director of a fence permit and subject to the following provisions: (1) Where the fence is located within an exterior side setback area yam or rear setback area yam abutting one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one additional foot in height for each additional five feet of setback from the property line, up to a maximum height of ten feet if the fence is still located within a required setback area . (2) Where the fence is located within a front setback area abutting one of the arterial streets specified herein, the fence maybe located no closer than ten feet from the front property line and shall not exceed eight feet in height, plus one additional foot in height for each additional five feet of setback from the front property line in excess often feet, up to a maximum height often feet if the fence is still located within the required front setback area . (3) Where a street line is located within a site, the location and setback of the fence as specified in subsections (a)(1) and (2) of this Section shall be determined by the street line rather than the property line. (4) The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the ' • step Co.mmunit~~ Develapment Director. All or any portion of such area may be located within the public right-of--way, subject to approval by the Community Development Director: The landscaped area required herein shall be not less than five feet in width, except that where the available space between the fence and the interior edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the step Community Development .Director may approve a landscape area of not less than two feet. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. (S) The design of the fence shall be subject to approval by the c-te~ Community Development Director, based upon a finding that the fence is compatible with existing or proposed structures on the site and upon neighboring properties. (6) No permit shall be issued if the Community Develap~nent Director finds that the fence will constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or welfare. (b) Applications for a fence permit under this Section shall be filed with the step Community Development Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 71.110 § 2, 1992) [Comment 1.2J § 15-29.060 Fences adjacent to heritage lanes. B-57 Zoning Code Amendments July 26, 2006 In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated heritage lane shall comply with the following requirements: (a) Fence permit. No person shall construct any fence or wall which faces and is located within fifty feet from the right-of--way of a designated heritage lane, and which exceeds three feet in height, without first obtaining a fence permit from the c-tee-Conlmimity Development .Director. Application for such permit shall be submitted and processed in the manner provided in Article 13-20 of the City Code. If the Heritage Commission recommends issuance, the star Community .Development Director shall issue the permit in accordance with those recommendations and any condition related but not limited to the design standards set forth in subsections (c), (d), (e) and (f) of this Section and pursuant to the process prescribed in Article 13-20. (b) Supporting data. The level of detail of the supporting data required by Section 13-20.030 shall be determined by the ' ' s~ Community Development Director to allow adequate review of the proposed fence or wall. (c) Setback. No fence or wall which exceeds three feet in height shall be constructed within the required setback area fronting a heritage lane. This minimum setback maybe required to be increased to a maximum of fifty feet upon the finding that such increased setback is necessary to preserve the historic qualities of the heritage lane. (d) Color, material and design. Fences or walls adjacent to the heritage lane maybe constructed of wood, stone, masonry, wrought iron or similar material. The design, color and materials of the fence or wall shall be approved based upon a finding that the fence or wall will not adversely affect the historic qualities of the lane and will be compatible with the design and materials of existing buildings on the site and structures on adjacent properties. (e) Height. The height of any fence or wall add acent to the heritage lane shall comply with the regulations set forth in Section 15-29.010 of the City Code. (f) Landscaping. The applicant shall landscape and maintain an area within the right-of--way, parallel to and along the entire length of the exterior side of a fence or wall in excess of three feet in height and facing the heritage lane, in accordance with a landscape plan approved by the ' ste~Community Development Director. Such landscape plan shall provide for the planting of trees and vegetation that aze native to the azea and require little or no maintenance. The landscape plan maybe approved by the ' ~ s~ Community Development Director. upon the finding that the proposed landscaping will effectively blend the fence with its environment and enhance the visual appearance of the lane. (g) Exemption. This Section shall not apply to a fence lawfully constructed prior to September 16, 1992, if such fence does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; and provided further, that upon the destruction or removal of more than one-half of the length of such nonconforming fence, any replacement fence shall comply with the permit requirement and restrictions specified in this Section. (Added by Ord. 71.110 § 1, 1992) § 15-30.020 Definitions. r 1 ~J B-58 Zoning Code Amendments July 26, 2006 In addition to the definitions set forth in Article 15-06, all of which are applicable herein, for the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Construction sign means a temporary sign stating the names of those persons directly connected with the construction of a real estate development project, and may include their addresses and telephone numbers. (b) Directional sign means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information. (c) Free standing sign means a sign affixed to the ground and a°*~°'~°a ~~~ not affixed. to any building. (d) Gasoline price sign means a sign on the site of a gasoline service station indicating the brand of motor vehicle fuel offered for sale thereat, the price per gallon or liter, the grade of fuel and such other information as prescribed in Section 13532 of the State Business and Professions Code. The term "gasoline price sign" shall not include any displays upon actual fuel pumps. (e) Height as applied to a sign, means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest. (f) Identification sign means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located. (g) Illuminated sign means a sign having its own immediate source of internal or external lighting. (1) Internally illuminated sign means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign. (2) Externally illuminated sign means a sign with an immediate source of illumination that is not completely enclosed by any portion of the sign. (h) Open house sign means anoff--site portable sign directing prospective purchasers to the location of asingle-family dwelling being offered for sale and open for visitation by the public at the time the sign is displayed. (i) Political sign means a temporary sign which directly relates to a candidate for public office or to a ballot ,issue, in an election conducted by a governmental entity. (j) Portable sign means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A-frame" type signs, placards and banners. B-59 Zoning Code Amendments July 26, 2006 (k) Real estate sign means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental. (1) Sign means any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of, attracting attention from the street, sidewalk or other outside public area for advertising or identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area. (m) Sign area means the area of the smallest rectangle drawn to include all letters, designs, frame and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two faces shall be approximately the same size and approximately parallel to each other and not more than two feet apart at any point. (n) Sign program means a general plan for signage, as approved by the City, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size and illumination of all signs to be erected or installed pursuant to the sign program. (o) Special event sign means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise. (p) Subdivision sign means a temporary sign advertising a subdivision and providing travel directions to single-family dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of asingle-family dwelling within the subdivision. [Comment 3.IJ § 15-30.030 Prohibited signs. The following signs are prohibited:. (a) Reflective, flashing or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature. (b) Portable signs, except for open house signs, political signs and special event signs which comply with the regulations of this Article. • B-60 Zoning Code Amendments July 26, 2006 (c) Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following: (1) One national, state and local governmental flag properly displayed upon a single flagpole. (2) Holiday decorations, in season. (3) Grand opening and special event displays which comply with the regulations of this Article. (d) Any sign affixed e~~a~ to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business. (e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices. (f) Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic. (g) Signs that obstruct any door, window, fire escape or other emergency exit of any building. (h) Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right-of--way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations; or signs approved in connection with special event sign permits issued pursuant to Section 15-30.180 temporary-use permits issued pursuant to Article 15-60. (Amended by Ord. 71-152 § 1, 1995; Ord. 71-152.1 §§ 1, 3, 1997) § 15-30.090 Signs in professional and administrative office districts. or No sign of any character shall be permitted in a P-A district, except the following: (a) An identification sign, not exceeding two square feet in area, for each use upon the site of a professional, administrative or medical office building. (b) Directional signs, each not exceeding three square feet in area and five feet in height.' Such signs maybe free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Planning Director. (c) An identification sign, not exceeding twenty-four square feet in area, on the site of a public building or grounds, a community facility,. an institutional facility, or a religious institution. Such sign maybe free standing. B-61 Zoning Code Amendments July 26, 2006 (d) Where multiple office buildings are located upon a single site which is three acres or greater in size, either or both of the following signs maybe allowed in addition to all other signs permitted under this Section: (1) A free standing site identification sign, not exceeding thirty square feet in area and four feet in height. (2) An identification sign for each office building on the site, indicating the location of a building and/or identifying the occupants thereof, each sign not exceeding six square feet in area. The signs maybe free standing, but in such event shall not exceed five feet in height. The Planning Commission shall have authority tom rant exceptions to ~ed}f3~ the regulations contained in this subsection with respect to the number, size and height of identification signs, through the granting of a use permit pursuant to Article 15-55 of this Chapter. (e) A nonilluminated real estate sign, not exceeding twenty-four square feet in area. The sign maybe free standing, but in such event shall not exceed eight feet in height, as measured from the top of the curbline, or the pavement surface where no curb exists, of the nearest street adjacent to the sign. (f) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130. (g) Public interest signs, subject to the regulations prescribed in Section 15-30.140. (h) Temporary political signs, subject to the regulations prescribed in Section 15-30.160. M (i) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170. § 15-30.160 Temporary political signs. (a) Sign restrictions. A temporary political sign maybe erected only in accordance with the following restrictions: (1) No temporary political sign maybe illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign maybe affixed to any pole or wire appurtenance thereof on which is ~ affixed any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices. (3) No temporary political sign maybe erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure. • B-62 Zoning Code Amendments July 26, 2006 (4) No temporary political sign maybe erected within or upon the right-of--way of any public highway or public street. (5) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign maybe erected having bracing or backing material thicker than one-half inch, except for support posts firmly planted in the ground. (b) Removal. A temporary political sign shall be completely removed not later than five days after the date of the election to which it relates. (c) Any person intending to install temporary political signs or any person on whose behalf such signs are to be installed, shall, at least two business days prior to such installation, file a declaration of such intent with the City Clerk. Such declaration shall contain an agreement to remove such signs within the applicable time limitation of subsection (b) of this Section and an agreement to pay any cost incurred by the City as a result of the declarant's failure to remove such signs. Upon failure of the declarant to remove such signs within such time, City shall immediately remove such signs and collect the cost of such removal from the declarant pursuant to such agreement. (d) Any person installing temporary political signs without having filed a declaration of such intent, or any person on whose behalf such signs are installed, shall remove such signs or file a declaration within thirty-six hours upon receipt of notice to remove from the City Clerk. Upon failure of such person to remove such signs, or in the event that the City Clerk is unable to determine the identity of the person who installed such signs or the identity of the person on whose behalf such signs were installed, the City Clerk shall immediately have such signs removed, and if the identity of the person who installed. such signs or the identity of the person on whose behalf such signs were installed can be determined, collect the cost of such removal from such person. (e) Any cost incurred by the City in the removal of temporary political signs pursuant to this Section is hereby declared to be a debt of the person installing such signs and a debt of the person on whose behalf such signs were installed to the City of Saratoga. (Amended by Ord. 71-117 § 1, 1992; Ord. 71-121 § 1, 1993; Ord. 71-152 § 3, 1995) § 15-35.020 General requirements and regulations for off-street parking spaces. (a) At the time of initial occupancy of a site or structure or at the time of an alteration or enlargement of a site or structure, there shall be provided off-street parking spaces for automobiles in accord with the schedule ofoff-street parking space requirements prescribed in Section 15-35.030. For the purposes of this Section, the term "alteration or enlargement" shall mean a change of use or an addition which would increase the number of parking spaces required above the total number required prior to such change or addition. The number of parking spaces provided for an alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the B-63 Zoning Code Amendments July 26, 2006 number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the alteration or enlargement. (b) If, in the application of the requirements of this Article, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half. (c) If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. (d) The off-street parking requirements of this Article maybe satisfied by common parking facility; provided, that the total number of spaces shall be not less than the sum of the individual requirements,-and provided further, that a contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the office of the County Recorder and a certified copy there is filed with the City. (e) Where parking requirements are determined by guess floor area, such area shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street parking is required, but such g~es~ floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. (f) The Planning Commission may require that off-street parking spaces in excess of the number prescribed in Section 15-35.030 be provided for use on a site, if the Commission finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb spaces. (g) For a use not specifically listed in Section 15-35.030, the number ofoff-street parking spaces shall be determined by the Planning Commission or the step-Community Development Director, based upon the number of spaces required for the most similar specified use and such information as maybe available to the Planning Commission or the ~g ~este~ Community Development Director concerning the parking requirements of the proposed use. (h) In all districts except a C-H district, the off-street parking spaces prescribed in Section 15- 35.030 shall be located on the same site as the use for which the spaces are required, or on an adjacent site or a site separated only by an alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in Section 15-35.030 maybe located within three hundred feet of the use for which the spaces are required, measured by the shortest route of available pedestrian access. (i) With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-PD district, not more than twenty-five percent of the number of required off-street parking spaces may consist of compact parking spaces. If, in the application of this subsection, a fractional number is obtained, one compact parking space maybe provided for a fraction of more than one- halfand one standard parking space shall be provided for a fraction of one-half or less. (j) No repair work or servicing of vehicles shall be conducted in any parking area. § 15-35.030 Schedule of off-street parking spaces. Off-street parking spaces shall be provided in accordance with the following schedule: ~.__ N~ ~ Use _ ~S s Required B-64 Zoning Code Amendments July 26, 2006 t (a) FSingle-family dwelling, Two covered spaces within a garage. ', excluding second dwelling (Ulllts - 3 ~ i ~ ~(b) Second dwelling unit One covered space within a garage, except as otherwise ~ provided in Article 15-56 ce„~;,,,, , c c~ , , n ~ i ~(c) ;Multi-family dwellings One covered space within a garage for each dwelling unit, plus I , one and one-half additional spaces on the site for each dwelling - unit; provided, however, for housing developments occupied exclusively by seniors, the required parking shall be one covered space within a garage for each dwelling unit plus one- j ` . half additional space on the site for each dwelling unit. ------ 1 ~ ?(d) . Hotels and motels One space for each guestroom or for each two beds, whichever ~ is greater. i j(e) Bed and breakfast One space for each bedroom to be rented, in addition to the i i establishments spaces required for the single-family dwelling. i (fl Schools and day care One space for each employee, including teachers and facilities administrators, plus such additional spaces as determined by the . Planning Commission to be adequate for student and visitor j parking. j '(g) Community facilities and One space for each employee and such additional number of institutional facilities not otherwise described in this spaces as maybe prescribed by the Planning Commission. Section ~ ~ ~ (h) Places of public assembly, One space for each four seats or one space for each forty square ; including religious institu- feet. of floor area usable for seating if seats are not fixed, plus ' tions, theatres, lodge halls, one space for each two employees. auditoriums and ~ mortuaries Vi(i) (Clubs, including country One space for each membership, one space for each employee, clubs, recreation clubs, .l and such additional spaces as may be prescribed by the !swimming clubs and Planning Commission. B-65 Zoning Code Amendments July 26, 2006 ~ teams clubs ~~~ (j) Nursing homes I One space for each three beds, one space for each two doctors providing medical services on a regular basis, and one space for j ~~ ~. each two employees. - ~_ ~(k) +Professional and administrative offices ,One space for each two hundred square feet of grass floor area. (1) jMedical offices and clinics One space for each two hundred square feet of guess floor area. ' (m) Intensive retail ~~One space for each two hundred square feet of guess floor area establishments . ~ Vi(n) Extensive retail One space for each five hundred square feet of grass floor area. i ~~establishments --- -- ? (o) Service establishments 'One space for each two hundred square feet of guess floor area. and financial institutions I (p) Restaurants ~~~ ~~ ~~One space for each seventy-five square feet of guess floor area. ~In addition, if the restaurant has outdoor dining, one space for ,each seventy-five square feet of outdoor dining area shall also Abe provided. a(q) Warehouses, storage buil- dings and storage facilities One space for each one thousand square feet of grass floor area. I combined with ~ !commercial uses i 3 ! t ~--~ ~~ j t • • B-66 Zoning Code Amendments July 26, 2006 (r) Commercial uses conducted primarily outside of buildings, tpublic buildings and ,grounds other than offices, 'and public utility ;structures and facilities I [Comment 1.IIJ • s -- -- ---- space for each employee, and such additional spaces as be prescribed by the Planning Commission. ' § 15-35.035 Parking ratios for off-street parking and loading facilities. (a) Where a site is located within and constitutes a part of a City parking district, the off-street parking requirement for each district shall be as follows, regardless of the particular category of use or uses occupying the site: ?District ~ Space Required ~ 3No. 1 ~One space for each 473.5 square feet of guess floor area. No 2 ____ Ones ace for each 380 s uare feet of p q grass floor area. ^ ~^ 'No. 3 ~E { ; i One space for each 350 square feet of gre~ss floor area, plus any additional square footage allowed on the site as a result of the I acquisition of development rights created by the City upon formation of Parking District No. 3. ~ E ;No. 4 One space for each 380 square feet of grass floor area. ~ (b) For the purpose of determining the required number of parking spaces for a development located within a City parking district, the term "guess floor area" shall not include enclosed or covered areas used for off-street parking or loading, or interior courts of a building not occupied by a use for which off-street parking is required; but -such grass floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. If a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half. (Added by Ord. 71-108 § 2, 1992) B-67 Zoning Code Amendments July 26, 2006 § 15-35.040 Design standards for off-street parking facilities. Off-street parking facilities shall comply with the following standards: (a) Each standard parking space shall be not less than eighteen feet in length and nine feet, six inches in width, exclusive of aisles and access drives. The spaces shall be marked by double strips two feet apart and the width of each space shall be measured from center to center. of the double strips. Each parallel standard parking space shall be not less than twenty-three feet in length and eight feet in width. (b) Each compact parking space shall be not less than sixteen feet in length and eight feet in width, exclusive of aisles and access drives; provided, however, when spaces are marked by double strips two feet apart, the width of each compact parking space maybe not less than seven feet, six inches as measured from center to center of the double strips. Each parallel compact parking space shall be not less than nineteen feet in length and eight feet in width. (c) Sufficient room for turning and maneuvering vehicles shall be provided on the site. (d) The width of the dr..iveway shall be pursuant to fre code requirements, as described i.n. Article 16-15 of the Code. s (~} Each parking space shall be accessible from a street or alley, independent of any other parking space; provided, however, in the case ofoff-street parking for asingle-family dwelling or a second dwelling unit, the approving authority may permit tandem parking {e} f~Entrances and exits shall be provided at locations approved by the City. (#}~The parking area, aisles and access drives shall be designed, paved, graded and drained in accordance with applicable City construction standards, subject to approval by the City Engineer. fg} 1~Bumper rails shall be provided where needed for safety or to protect property, as prescribed by the City Engineer. (fir) ~If the parking area is illuminated, lighting shall not exceed one hundred foot lamberts and shall be deflected away from adjoining residential sites so as to cause no annoying glare. (-i~ Where a parking area is located adjacent to, or directly across a street or alley from, an A, R-1, HR or R-M district, a landscaped strip not less than five feet in depth shall be planted and permanently maintained along the property line with plant materials not less than five feet in height; except, that within fifty feet from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, the plant materials shall not exceed three feet in height above the established grade of the adjoining street. E}-) Where residential parking is located in a garage, the dimensions of the required parking spaces shall be not less than eighteen feet in length and nine feet, six inches in width. B-68 Zoning Code Amendments July 26, 2006 (Amended by Ord. 71.113 (part), 1992; Ord. 71-186 § 1, 1998) [Comment 2.6J § 15-35.050 General requirements and regulations for off-street loading spaces. (a) At the time of initial occupancy of a site or structure or of a major alteration or enlargement of a site or structure, there shall be provided off-street loading spaces prescribed in Section 15- 35.060. For the purpose of this Section, the term "major alteration or enlargement" shall mean a change of use or an addition which would increase the number of loading spaces required by not less than ten percent of the total number required prior to such change or addition. The number of loading spaces provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.060, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement. (b) Off-street loading spaces in addition to those prescribed in Section 15-35.060 shall be provided if the Planning Commission finds that such additional spaces are necessary to ensure that trucks will not be loaded, unloaded or stored on public streets. A finding of the Commission shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-street loading spaces are required. (c) If, in the application of the requirements of this Article, a fractional number is obtained, one loading space shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one-half. (d) If more than one use is located on a site, the number of loading spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. If more than one use is located on a site and the guess floor area of each use is less than the minimum for which loading spaces are required but the aggregate guess floor area is greater than the minimum for which loading spaces are required, off-street loading spaces shall be provided as if the aggregate guess floor area were used for the use requiring the greatest number of loading spaces. (e) The off-street loading requirements of this Article maybe satisfied by the permanent allocation of the prescribed number of spaces for each use in a common truck loading facility; provided, that the total number of spaces shall not be less than the sum of the individual requirements, and provided further, that a contract between the parties concerned, setting forth an agreement for joint use of a common truck loading facility is recorded in the office of the County Recorder and a certified copy thereof is filed with the City. (f) Where loading facility requirements are determined by guess floor area, such area shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street loading spaces are required, but such grass floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street loading spaces are required. (g) Off-street loading spaces shall be located on the same site as the use for which the loading spaces are required or on an adjacent site. B-69 Zoning Code Amendments Duty a6 zoo6 (h) The Planning Commission or the ' • c~er Community .Developme~lt Director may require off-street loading facilities to be provided for a use not specifically listed in Section 15- ~ . 35.060 if the Commission or the Director determines that such facilities are necessary or appropriate. (i) No loading area shall be used for repair or servicing of vehicles. § 15-35.060 Schedule of off-street loading spaces. Off-street loading spaces shall be provided in accordance with the following schedule: k ~ Spaces € Use ': Firers Floor Area j Required a) Hotels, motels, ~L se s than 5,000 sq. ft. ~ 0 offices, nursing 5,000 to 50,000 sq. ft. 1 t homes, religious 000 to 150,000 sq. ft. ~~2 50 , institutions, ser- _ vice establish- Each additional 150,000 ments, financial sq. ft. ; 1 j I institutions ~ -~ I (b) Retail establish- Less than 5,000 sq. ft. 0 ments, warehouses, 5,000 to 12,500 sq. ft.~~ 1 _ storage facilities, -- 500 to 20,000 sq. ft. j 2 12 i , restaurants .~ . 20,000 to 30,000 sq. ft. ~ 3 30,000 to 50,000 sq. ft. I 4 50,000 to 75,000 sq. ft. ~ ~ 5 ,Each additiona175,000 ~~~ I sq. ft. ~ 1 ~ ~(c) , ~ Public buildings ~ (except offices), ~ ~ _____ ~ ~ ~~ community facilities, public utility struc- tares, when any of ~-~--~~~ the foregoing re uires ~ ~ • the recurring ~~ ~~~~~ j delivery ~ ~ , ~ ! i 8-70 Zoning Code Amendments July 26, 2006 • or distribution of ~~ j goods or equipment ' 1 - ___. by truck { i ~(d) __ Less than 5,000 sq. ft. ~ 1 I5,000 to 10,000 sq. ft. 2 Each additiona15,000 ~ I ~ ~sq. ft. ; 1 1 ~ ~ 1 (e) Ain oty her use re- ~~ ~ quiring the recur- rent delivery or 3 ~ distribution of goods ~ ~ or equipment by ~~ ~ truck ~ ~ ~ § 15-35.070 Design standards for off-street loading facilities. Off-street loading facilities shall comply with the following standards: (a) Each loading space shall be not less than forty-five feet in length and twelve feet in width, and shall have an overhead clearance of not less than fourteen feet, except, that for mortuaries, a loading space used exclusively for hearses shall be not less than twenty-four feet in length and ten feet in width and shall have an overhead clearance of not less than eight feet. (b) Sufficient room for turning and maneuvering vehicles shall be provided on the site. (c) Each loading space shall be accessible from a street or alley, independent of any other loading or parking spaces. (d) Entrances and exits shall be provided at locations approved by the City. (e) The loading area, aisles and access drives shall be paved, graded and drained in accordance with applicable City construction standards, subject to approval by the City Engineer. (f) Bumper rails shall be provided where needed for safety or to protect property, as prescribed by the City Engineer. (g) If the loading area is illuminated, lighting shall not exceed one hundred foot lamberts and shall be deflected away from adjoining residential sites so as to cause no annoying glare. $_'].1 Zoning Code Amendments July 26, 2006 (h) A loading area shall not be located in a required front, side or rear setback area yam, and shall be screened from adjoining sites by a solid wall or fence or vine-covered fence not less than six feet in height. - § 15-35.110 Use for advertising prohibited. (a) No off-street parking or loading facility related to any commercial use in any zoning district shall be used for the stopping, standing or parking of any vehicle for the purpose of advertising such vehicle or any other property or services for sale, or displaying any such vehicle for sale. (b) No off-street parking space, driveway or front setback area 3+0~ in any residential district shall be used for the stopping, standing or parking of any vehicle for the purpose of advertising such vehicle or any other property or services for sale, or displaying any such vehicle for sale; except, that the occupant of said property may park one vehicle owned by such occupant, displayed for sale and bearing a sign not exceeding two square feet in area restricted to the sale of the vehicle upon which it is posted. § 15-45.020 Compliance with development standards. No single-family main structure or accessory structure shall be constructed or significantly expanded within any A, R-1, HR, R-OS or R-M district unless the proposed structure or expansion complies with the floor area standards contained in Section 15-45.030 of this Article and the setback requirements contained in this Chapter c +' ~ ~ ~ c,nnn „~+i.;~ Vie. In the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded or "significant expansion" shall mean an expansion exceeding one hundred square feet. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. (Amended by Ord. 71.98 § 10, -1991; Ord. 71.113 § 9, 1992; Amended by Ord. 221 § 2 (part), 2003) § 15-45.030 Allowable floor area. (a) Definition. As used in this Article, the term "allowable floor area" means the maximum floor area of the main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. The allowable floor area is based upon the net site area and slope of the lot and the height of the main structure to be constructed or existing thereon as computed in accordance with the provisions of this Section. Net site area shall be calculated in accordance with Section 15-06.620 of this Code. (b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application, require that the floor B-72 Zoning Code Amendments jury z6 aoo6 area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article. (c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced by a percentage amount based upon the average slope and calculated as follows: Average Slope of the Lot Percentage of Net Site Area to be Deducted 10.01--20% 10% plus 2% for each 1 percent of slope over 10%* 20.01--30% 30% plus 3% for each 1 percent of slope over 20%* Over 30% 60% * Where the average slope is a fractional number, it shall be rounded up to the next whole number. (d) Floor area standards. After reducing the net site area by the amount required for the slope adjustment under subsection (c) of this Section, if any, the floor area standard for the lot shall be determined in accordance with the table set forth below: Size of Lot (Net Site Area) Less than 5,000 sq. ft. To be determined by Planning Commission 5,000--10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft.* 10,001--15,000 sq. ft. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft.* 15,001--40,000 sq. ft. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft.* 40,001--80,000 sq. ft. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.* 80,001--200,000 sq. ft. 6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft.* 200,000 + 8,000 sq. ft. is the maximum allowable square footage. *Where division of the net site area by 1000 results in a fractional number the product shall be rounded up to the next whole number. Floor Area Standard • B-73 Zoning Code Amendments July 26, 2006 (e) Maximum floor area allowed for R-1, HR and A Zone districts. In the Zone Districts listed below the maximum allowable floor area shall be the lesser of the Floor Area Standards or the Maximum Floor Area specified as in the following table: Zone District Maximum Floor Area R-1--10,000 4,400 R-1--12,500 4,830 R-1--15,000 5,220 R-1--20,000 6,000 R-1--40,000 7,200 HR and A 8,000 (Amended by Ord. 221 § 2 (part), 2003) § 15-45.060 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction or significant expansion of asingle-family main structure or accessory structure in any A, R-l, HR, or R-OS district until such structure has received design review approval by the Planning Commission pursuant to this Article: (1) Any new multi-story main structure or multi-story accessory structure. (2) Any conversion of a single-story structure to a multi-story structure, except where such conversion does not result in any exterior modifications to the existing structure beyond the installation of skylights in the roof. (3) Any new single-story structure or addition to a single story structure over eighteen feet in height. (4) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning. (5) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet. (6) Whenever, as a result of the proposed construction, reconstruction or expansion, the floor area of all structures on the site will exceed six thousand square feet. (7) Whenever, in the opinion of the Community Development Director, the construction, reconstruction or significant expansion. of a main or accessory structure maybe incompatible with the neighborhood, or may create a perception of excessive mass or bulk, or may B-74 Zoning Code Amendments July 26, 2006 unreasonably interfere with views, or privacy, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. (8) Whenever fifty percent or more of the structural elements or ~siernbers of the existing exterior walls that define the boundary of the building are removed as a result of reconstruction, replacement or expansioli of a single story shucture over eighteen feet in height, or. a multi-story l.nain. structure, or an accessory structure. ~xn,°~°~~°r ~ ° „14 ^~,.°^^r.n4,.., z,4;°., .,1°^°,,,°„4 ° "' .. ,.,,, .~~., ..l° n4^ n4,-.,n4„ rr1~,4° fcn4_;a }~° .~.1+4 ° ,14; n4.~ ° ~______~____o_____ ~______ _ ____ __~__~- ____-_____~ _. ~ ruvvc _ ~ 4.-.,n4„r° w.i.+.° 41"nr, ~~4.. «°+.n °v,4^~°v.n4i., nr °v4nri .~,r ,:znlln n r°m ~iz~_ Tl~,° r.°i,°v,n4r., n4..~r. ^~ r. L,° .,b,4 ~. ,14; nt~, mni,-. c.4r., r„«° ~. n4r.,n4,,..° nL,nll 1.° n.1 ° r,n4r.,n4:.+++ .,rrl n ni.l°.-°~ n n4.-„i.4,,..° (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71.98 § 11, 1991; Ord. 71.113 § 10, 1992; Ord. 71-179 § 1, 1998; Amended by Ord. 221 § 2 (part), 2003) Comment 2.7J § 15-45.065 Administrative design review. (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction, replacement or significant expansion of asingle-family structure or structure in any A, R-1, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences and accessory structures greater than two hundred fifty square feet in gre~ss floor area. (2) Major additions in size, defined as: (A) The expansion or reconstruction of, fifty percent or more of an existing main or accessory structure. (B) A one hundred square feet or greater addition to or reconstruction of one hundred square feet or more of the second story of a main or accessory structure. • B-75 Zoning Code Amendments July 26, 2006 (C) The removals-arid-replacement, or reco~lstructiou of fifty percent or more of the existin.~ structural elements or members of the exterior walls which define the exterior boundary of a main structure or an accessory structure_ ?l:~ °°^„~+~~°+~^r ^~~ ° *~^ ~~*- ~'+~ 1 1L/V Vllll Ll l{V 41V11 VS 111^ V41 NVLl Vll L411LL VV11U1LLV - (3) Addition of a basement to an existing structure and enlargement of basements. (b) The application for administrative design review approval shall comply with Section 15- 45.070. The Community Development Director shall not grant design review approval unless the findings set forth in Section 15-45.080 have been made. (c) If the Community Development Director intends to approve the application, a "Notice of Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed appropriate. All interested parties will have fifteen calendar days from the date of the "Notice of Intent to Approve" in which to review the application and provide written comments to the Community Development Director. The Community Development Director shall approve or deny the application within fifteen days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within fifteen calendear days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal. Notwithstanding, Section 15-45.110 or Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. (d) If the application is not approved by the Community Development Director, then the applicant may file an appeal within fifteen calendar days of the Community Development Director's decision or deadline to render a decision and have the application heard by the Planning Commission at a de novo public hearing. (Amended by Ord. 221 § 2 (part), 2003) [Comment 2.7J § 15-45.070 Application requirements. (a) Applications for administrative design. review approval and design review approval shall be filed with the Community Development Director on such forms; as lie the Director shall prescribe. q'lie An application shall include the following exhibits: (1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)), canopy driplines, and locations of all heritage trees (as defined in Section 15-50.020(1), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors. B-76 Zoning Code Amendments July 26, 2006 ~~? Any application that proposes new construction three feet. or closer to a required setback area shall include a survey site plan signed by a licensed. land surveyor or registered civil. engineer ~rualified to do property line suTVeys. Such siir~~~eys shall verify tl~e location of existing properly lines easements structures and protected trees, as defined in Section 1S-SO.U20(U). (~} ~A statement of energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. {~-} Elevations of the proposed structures showing exterior materials, roof materials and window treatment. ~ Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. {~ Engineered grading and drainage plans, including cross sections if the structure if the structure is to be constructed on a hillside lot. {~} Floor plans that indicate total g~ floor area, determined in accordance with Section 15- 06.280 of this Chapter. (~ Roof plans. {~} Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, -the location of any proposed replacement trees, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of native plants and water conserving materials and irrigation systems and all other landscape features. (~ ].0 Tree Preservation Plan, as required in Section 15-50.140. (~} 1,1 l,~Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. {-~} 12 Such additional exhibits or information as maybe required by the Community Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (~} 13 A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. g_']'] Zoning Code Amendments July 26, 2006 {~} ~~e An application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003) [Comment 1.12 and 2.8J § 15-45.080 Design review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Preserve native and heritage trees. All heritage trees (as defined in Section 15-50.020 (1)) will be preserved. All native trees designated for protection pursuant to Section 15-50.050 will be preserved, or, given the constraints ^^„~~~ of the property, the number approved for removal will be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City ~y-Arborist will be minimized using the criteria set forth in Section 15-50.080. (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within. the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. • B_']g Zoning Code Amendments July 26, 2006 (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. (Amended by Ord. 71.99 § 27, 1991; Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003) § 15-45.100 Replacement of destroyed structures. In the event an existing single-family dwelling having a grass floor area in excess of the standards set forth in Section 15-45.030 of this Article or setbacks which are less than required under c °^*~ ^^ ' ` ^ `."^" °~ this e Chapter, is damaged or destroyed as a result of fire, act of God or other calamity (except for landslide, earthquake, earth movement, soil instability or flood), the structure may be replaced with a new structure having a maximum grass floor area no greater than the original structure and setbacks no less than the original structure. If design review approval is required for the proposed replacement structure, the provisions of this Section shall be applied in lieu of the standards set forth in Sections 15-45.030 and the setback requirements of this Chapter' ` ^`.~^~ °~*'~~~ "~*~^'°. In all other respects, the replacement structure shall comply with the regulations of this Chapter, including the regulations pertaining to structure height and impervious cover. • § 15-46.020 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued until the proposed improvements have received design review approval by the Planning Commission pursuant to this Article: (1) Any new. main structure in an R-M, P-A or C district. (2) Any expansion over five hundred square feet to an existing main structure in an R-M, P-A or C district. (3) Any substantial exterior alteration, as determined by the star Community Development Director, to an existing structure in an R-M, P-A or C district. (4) Any addition over twenty-two feet in height to an existing main or accessory structure in an R-M, P-A or C district. (5) Any parking lot in an R-M, P-A or C district covering an area of one thousand square feet or greater. (6) Any structure, except asingle-family dwelling or accessory structure, having a grass floor area of one thousand square feet or greater, located in an A, R-1, HR or R-OS district. (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site upon which the structure, expansion, alteration, addition or parking lot is to be B-79 Zoning Code Amendments July 26, 2006 constructed. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.. (Amended by Ord. 71.98 § 12, 1991; Ord. 71.113 § 11, 1992) § 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the ~ star Community Development Director on such form as shall be prescribed. The application shall include the following exhibits: (1) A site plan showing property lines, easements, dimensions, topography, and the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and the species, trunk diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines, and locations of all heritage trees (as defined in Section 15-50.020(1)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES). (6) Floor plans showing total guess floor area, determined in accordance with Section 15-06.280 of this Chapter. (7) Roof plans. (8) Such additional exhibits or information as maybe required by the Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen sets on sheets eleven inches by seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. (Amended by Ord. 226 § 2 (part 1), 2003; Ord. 229 § 2 (part), 2004) A t' 1 1 G A 7 \7U A TL' D L' L'L`T!''T7'. 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