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HomeMy WebLinkAbout10-24-2006 Planning Commission PacketW V ~/~1~ s CITY OF SARATOGA f~' QUEST TO AB SS THE P~' ING COMMISSION NAME ,' ~° ~ -~~~'=~~> ADDRESS ~ ~ ~-C'/~~ SUBJECT ~%f/yl AGENDA ITEM NO. DATE ~ ~ TELEPHONE NO.~-~~~ TIME OF DAY CARD IS FILLED OUT ~p ~ S (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS TIME PLANNING COMMISSION NAME UC~~ 1f/ O ~/ (~/'~.~ YJ c~ ADDRESS ^7 ~~I ~i 9-<~e. b,e.r~~ S~', v v - SUBJECT ~ it.yia~ ~ ~2~ ~Tt~« ~ ~7`F~5 i a~ AGENDA ITEM NO. ~- DATE I ~ Ia ~ o ~ TELEPHONE NO. ~~-. 8 4' Z - Zf 73 TIME OF DAY CARD IS FILLED OUT ~ : SS P~ ~~ ~a ~ ~o C (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA ~^~REQUEST TO ADDRESS THE PLANNING COMMISSION NAME vL-2VlV~ ~x ~L1 ~' ~~' ~' r~2S~~ l~t.P~.~ ADDRESS ~6~ l1~-i~2~t~c'yu~, ~ r~y~zc~ ~~r,a,~ G~- 9~S'3~ SUBJECT / t~0 s ~~ S f r~e2~ AGENDA ITEM NO. ~ DATE ~f ZS- TIME OF DAY CARD IS FILLED OUT ~J °PM TELEPHONE NO. ~~`~ ~z3-~~~.~ (Please read instructions on reverse side) ANY PERSON DESIRING ~O ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member ofthe audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME ~ytSZ~ ~..3~~,~~1 N\ % T'~~ ~_` ~,~«~ ~~" ~~ ~~: ~ ,~~? ~.l ~~ ~:1` :~ v-~ ADDRESS ~ ~iS ~ J"C ~ L~7~J '~~"..~ SUBJECT ab yU~> {~~ (,~,~ ~~ _- AGENDA iT£M NO. DATE 10 ~~~~ TELEPHONE NO. y~~ ~'~~ ~ ~~~3 TIME OF DAY CARD IS FILLED OUT ~ ~ '~~ ~ ~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLAiV1VING CO1Vi1VIISSIOI~T: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. p'ollowing discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are 1•illed out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. NAME ADDRESS ~ ~ L~ SUBJECT ~~ Z~' AGENDA ITEM NO. ~~ C~ .tea DATE I4 ~ ~~J'~IC- TELEPHONE NO. ~~" TIME OF DAY CARD IS FILLED OUT /' ~ p Cs(j CITY OF SARATOGA REQUEST O ADDRESS THE PLANNING COMMISSION - r 2~ (Please read ~nstruct~ons on reverse side) ANY PERSON DESIRIlr'G TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA _ REQUEST TO ADDRESS THE PLANNING COAnVIISSION NAl~1E t OVt ~ C ~ ~ ~ ~C, ,1/ e ~d~6SS/Cc~j ADDRESS ~` ~ /G~ E~ SUBJECT ~ ~(~ US ~ + i G h ~. - ~-~n 6 C~ ~l ~ ~ c. ~ ~ AGENDA ITEM ~NQ -3 ~'~ DATE IUD/ ~-~S"" U TELEPHONE NO.~~~ ~ a~~ TIME OF DAY CARD IS FILE ~UT ._L.- p r-. (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS T HE PLANN1l~TG COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, October 24, 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 • Ror.I, CALL REPORT OF POSTING AGENDA AGENDA 1. APPLICATION #06-243 2. APPLICATION #07-096 3. APPLICATION #06-365 4. APPLICATION #07-073 GULDIMANN 21891 Via Regina RATRA 14505 Oak St. COYOTE PROPERTIES/BORELLI 20200 Hill Ave. HO Mt. Eden Rd., South of Villa Oaks Ln. The Site Visit Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties that are new items on the Planning Commission Agenda. 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 a fact-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. Due to the large number of agenda items and the study session that is scheduled for immediately after, staff is recommending that the commission review the following two items on the their own: APPLICATION. #06-214 14395 BIG-BASIN-WAY APPLICATION #06-215 12015 SARATOGA-SUNNYVALE ROAD PLANNING COMMISSION STUDY SESSION MEMORANDUM TO: Planning Commission FROM: Therese M. Schmidt, AICP Associate Planner MEETING DATE: October 24, 2006 SUBJECT: General Plan Update of the Land Use Element; combining the Open Space and Conservation Elements; updating the Land Use map; and a proposed Negative Declaration. RECOMMENDATION: Staff recommends that the Planning Commission review the proposed General Plan Update and proposed Negative Declaration and provide input to staff. PROPOSED PROJECT: The proposed project includes an update of the City's Land Use and Open Space/Conservation Elements of the Saratoga General Plan. These Elements establish City goals and policies related to the location, type, density and intensity of development in the City as well as the location of trails, open space and natural resource areas. The City of Saratoga is updating this Element primarily to meet current State Law requirements. As part of the update, changes are proposed to the existing Land Use Element and Map to reduce and simplify land use administration. A proposed Negative Declaration of Environmental Significance has been prepared for the project. The Initial Study and proposed Negative Declaration certify that the City of Saratoga has determined that no significant environmental impacts are anticipated to be associated with the project. Public Noticing This item was properly posted. STUDY SESSION REQUIREMENTS: During the Study Session, 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 Study Session 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 meeting. No comments made during the Study _-Session b_y_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. f'lmrrtin~ Corrrntissinrr. tiEarrly S~~ssinrz r19t~rnc~rcrrtiltrnt 2 CTetiernl t'lrrn t.%p~liuc~ _ /fi:'_'~tr"~)f? ATTACHMENTS: 1) 2) 3) 4) • Draft Land Use Element Draft Open Space/Conservation Element Existing and Proposed General Plan Land Use Designations Table w/Exhibits Public Comments C: _. =~ ut 6AI1RT ~ . ~4 ., p U, ,9 `~: P' `° °'B80 ~~ Draft Land Use Element '9ZIFOR~1j Table of Contents U [~ INTRODUCTION BACKGROUND LAND USE PLAN LAND USE ISSUES ADMINISTERING AND IMPLEMENTING TAE LAND USE ELEMENT GOALS AND STRATEGIES LIST OF TABLES LU-1 Land Use Categories LIST OF EXHIBITS LU-1 Regional Location LU-2 Saratoga Planning Area LU-3 Specific Plan Areas LU-4 Flooding Potential LU-5 Land Use Map LU-6 Saratoga Woods Neighborhood APPENDIX Land Use Element Implementation Program Measure G Hillside Specific Plan Saratoga Village Specific Plan Saratoga Village Design Guidelines Gateway Area Design Guidelines Joint Planning Principles for West Valley Hillsides 1 2 11 18 21 22 17 3 4 9 10 16 19 Saratoga General Plan i August 25, 2006 .,, r, J.J o{ 6ARq rv1 .._9 `.° ` .eaa- ~ '~ Draft Land Use Element - ~ ~- ~l'IFOA~l~' BACKGROUND Regional Setting The Citv of Saratoga is located in the westerly portion of Santa C1ara,Count~just southwest of , the maior metropolitan community of San Jose and approximately 35 miles south of San Fran- Cisco Saratoea is found at the southerly end of ~e San Francisco Peninsula. ~'he north south and easterly portion of the communitkis sited on an historic alluvia] Plain shared with the adjacent communities of `' Cupertino San Jose. Los Gatos and Monte Ser- .~- ~; r eno The westerly Portion occupies low-]yips .~ foothills of the Santa Cruz Mountains and is ad- - , ~, ,iacent to unincorporated properties within Santa ' Sara ounty. - Ma~reeional access to the community is pro- ~~, : ' - vided by State Route 85 (SR-85). a six-lane =` ' ~' ~ - freewa~ linkin~to US 280 in Cupertino and US ~Y r ZO1 to the north in Mountain View. US 101 -~' - south in San Jose and to SR l7 to north San Jose and southwest to Santa Cruz Countv. Local roadways linki~ Saratoga to surroundine coin- ' munities include Saratoga-Los Gatos Road, Saratoea Avenue Niehwav 9 and Saratoga- _ _ .~ ~ ~~~ Sunnvvale Road. "~'` - ~ ' - `~~ t:- j" Figure LU 1 shows the reeional settine of ~' ~~ ~ '" ~ s~`~ -~-~ ~ S' s> b :.. r -_ Saratoga. ~ ~~ "~~ - ~ -' t `, -s ~ 1 ~._ , :4 s Sarato a's Plannin Area ~ `fir ~ fY'~ ~ ~"~ ~:~-,w _ Saratoga's Planning, Area consists of all proper- ~ "~°' ~ ~` ~'" ties located within the incorporated boundary of the Citv as well as lands within Citv's Sphere of Influence As of 2006. lands within the Citv limits consists of approximately 12.8 square miles The Sphere of Influence consists of ap- proximately 4 square miles of unincoroorated lands that are anticipated ultimately to be an- nexed by the Citv. Figure LU 2 depicts Saratoga's Planning Area. i Saratoga GeneraF Plan 2 August 25, 2006 r '~a u C l• . ,~ uS 6A?l9r ,S O ;~,: ,q °9t~~oR~~' Draft Land Use Element .. ._...~ r ~ ~ F Prospect Road '. i ! ~~ EI Cox Avenue L. ;....,-,~ o b a C~ jMt.~aej+ko ~ e~/ ~ E aP° ~ ~ ~` Ta o `'~' ~~F,~~o h Apendale Av~ue f 4- EE s v 1 ~ ~~~ ~ [• Bas`rv,ay~ oeq, ~ 1 B9~ l4s w` qfG s~ YO' ~ - ~ ~ ~ 4 f ~! CS 4 O r m SOURCE: City ofSaratoga. July 2006. ~-- _ ~ Exhibit LU-2 SARATOGA PLANNING AREA ---- City Limit ._.._.._.. Sphere of Influence Boundary ------••--------~ Urban Services Boundary 0 1/4 112 I Idle Saratoga General Pian 4 August 25, 2006 ~ nt SAA9 ~O %0, ~ "~ 9 '° ''"'e '-°' ~ Draft Land Use Element 9tlFpp~l~ The text of Measure G is incorporated in the Land Use Element by this reference and is in- cluded in the Appendix Section. . Measure A In April 1980. the citizens of Sara- toga adopted an initiative directine preparation of a specific plan for the Northwest Hillsides of the City of Saratoga and adjacent County lands in accordance with the initiative and the Com- munity Planning Objectives of the 1974 General Plan. The primary oa al of the initiative was "to con- serve the City's natural rural character" by con- trolling_the density of development in the hill areas and allowing development in an environ- mentally sensitive manner. Special development problems were noted, such as street slopes. po- tential landslide and difficult access. Citizen partic~ation was required at all stages. In accordance with the requirements of Measure Ain June 1980 the City Council designated an 11 member Citizens AdvisorY.Committee. The committee began b____ i-monthly meetings on June 26 1980 inspecting the Study Area. reviewing related Cites and County documents and meeting with various experts from responsible agencies and land use consultants which led to the adop- tion of the Hillside Specific Plan. Council in 1994. The Specific Plan is incorpo- rated b~reference in the Land Use Element and is included in the Appendix Section. Sarat~a Village Specific Plan: The Saratoga Village area has been identified for many years as an area of ongoing communityinterest be- cause of-its special historic and environmental assets and the desire to build upon these assets to maintain and enhance its unique character. The Saratoga 1974 General Plan contained an adopted Saratoga Villa eg Design Plan. The 1983 General Plan designated the Sarato ag Village as Planning Area J one of twelve planning areas. and included a policy to develop a specific plan for the Saratoga Village. incorporating the pre- vious Saratoga Village Plan. In May 1988 the Saratoga City Council adopted the Saratoga Village Task Force Report. and the comments from the report of Area J's Citizen Advisory Committee In 1987. a Sarato ag Villa eg Plan- ning Program was completed and was the basis for the Saratoga Village Specific Plan. which was adopted bathe Saratoga City Council in Ma 8 . • Sneci ac Plans: Hillside Speck Plan • The Hillside Specific Plan was prepared to meet the reauirements of the Measure A Initiative and State Law. How- ever its more important purpose is to set up guidelines for the development of the northwest- ern hillsides including_policies and action pro- grams with land use maps that are more detailed than the General Plan It is intended to better link the Saratoga General Plan with subdivision and zoning regulations while not being asite- ~ecific development plan The Specific Plan was reviewed and updated by the Saratoga Citv The main goals of the Saratoga Village Specific Plan are aimed at: 1. preserving_and enhancing the small-scale. pedestrian character of the Village to make the area more inviting to potential shoppers and dinners: 2. Preserving and enhancing the architectural and landscape character of the area: 3. ImQrovi~,,.parking and circulation: 4. Encour~ing a traditional town center mix of specialty shows restaurants. conven- ience shops services and residences: and 5. Conserving historic .structures. The Saratoga Village Specific Plan establishes land use zoning circulation. parking and design policies and im..plementation programs that are aimed at implementin tg, hese goals in the preser- Saratoga General Plan 6 August 25, 2006 - [ 6A$,! a ~-ro ~,5: .', 7 °9ZjFOR~•,~ Draft Land Use Element acres are under Williamson Act contracts. Lands within the hillside areas are generally subiect to sienificant constraints such as steep and unstable soils. Saratoga is located in the North Central Flood Zone of the Santa Clara Countv Water District. The creeks in the City that are under District ,jurisdiction are Calabazas. Rodeo, Saratoga, Wildcat and San Tomas Creeks. In eeneral. flooding from these creeks has been confined to the relatively narrow flood plain directly adia- cent to the creeks. _Exhibit LU-4 shows the location and extent of the 100-vear flood plain as identified by the Federal Emer~encv Management Agencv (FEMAI. Saratoga General Pian 8 August 25, 2006 o` seR9r :c'~ o ;v 7 • ~°~L,FOR~I~ Draft Land Use Element ~~~ r ~. ~F~'`~ c. ~~~~: a i '.rs g~,.'.i r: pMt~deo ~ ~ ~~ ,i ~ as F ~ " ~4C 4~~ ~n m j R ft ~ ~~~ ~~~ \da t a .~ .g n 5 V Wy i' r~ ~ .~..~~.. .......,m.......~,...,,..m..~.«~..~,... SOURCE: FEMA, Flood Insurance Rate Map; Cite of Saratoga, 3 Juh 1997. 7 C a w F~chibit LU-4 FLOODING POTENTIAL City Limit ~......:.---e-• Sphere of Influence .r.....-~-- 100-year Flood Plain (approx. ) 0 ]i4 112 1 tulle Saratoga General Plan 10 August 25, 2006 a x° Road a° ~ ~`e °~s~ P m S V •I • ul SAR9 i `° .,~s~;_,. ~ Draft Land Use Element ~9tIFOR~IP Residential Residential land use is broken down into 6 sub- categories: The first 4 categories allow single- family dwellings, horticultural and agricultural ....use,. and.accessory uses compatible. with single-. family dwellings. The fifth category allows multi-family dwellings, single-family dwellings, horticultural and agricultural use, and accessory uses compatible with residential use. In residen-. tial areas, it is understood that other uses such as schools can be permitted. The sixth category allows multi-family densities in various zoning districts if the site is designated P-D residential and upon receipt of a use permit. Flexibility in terms of density and development would be allowed in the area if a project furthered the goals of the Housing Element. The' six sub- categories and the density and intensity of uses permitted in these subcategories aze as follows: A. Residential Hillside Conservation. Maxi- mum density of 0.5 DU/net acre (du/ac) or 1.55 people/acre. Maximum intensity of building and .impervious surface coverage: 15,000. square feet or 25 percent of site area, whichever is less. B. Very Low Density Single Family. Maximum density of 1.09 du/ac or 3.38 peoplelacre. Maximum intensity of building and impervious surface coverage: 35 percent of net site area. C. Residential Low Density Single-Family. Maximum density of 2.18 DU/net acre or 6.76 people/acre. Maximum intensity of building and impervious surface coverage: 45 percent of net site. D. Medium Density Residential (M10, M12, MIS). 1. M-10-maximum density of 4.35 DU/net acre /acre or 13.5 people/acre. 2. M-12.5-maximum density of 3.48 DU/net acre-0r 10.8 people/acre. 3. M-15-maximum density of 2.90 DU/net acre or 9.0 people/acre. In all cases above, the maximum intensity of building and impervious surface coverage is: 50% - 60% of site azea. E. Multi family -Maximum density of 14.5 DU/net acre or 27-45 people/acre. Maximum intensity of building coverage: 40% of site azea. F. P-D (Planned Development) Residential: 4.35 to 12.45 DU/net acre or 13.5 to 38.6 peo- ple pert acre. Maximum intensity of building coverage: 25% = 35% of site azea. All projects proposed on sites with this designation shall require 'use permit approval a provided for in Article 16 of the Zoning Ordinance. It should be noted that any discussion of the number of people per acre is not meant to act as a limit to family size or maximum number of people that would be permitted to live on a site. The population densities given aze meant only to act as a guide to the average number of people likely to occupy a given azea. Con~nercial/Office Commercial land is broken into €ea~ two general subcategories. ''--Z-~nst-~a~e ''-~1 z.. ....., .. .~ Y..,..- - -- -+. L ~'a~ 136'6'd: Tl,u ^~-i'cb:^r~l_ in ....~~r.°.r...._ _..A + .1 + 1. 1 .,+e~l ~at.,+;,,ai„ x.,,.,11 .. ,,,,,lo,.o ~ r jTI +Ip[S~'lpI~.TRI7G RCOsOITRII~~~n ~f r ~ .,`.. a,r ~r~ Tl, ~.+„~ ~~1,^~+0.,..~;e~ ~___ __ Densities ~----a----- - and intensities of uses permitted in these sub- categories aze as follows: Saratoga General Plan 12 August 25, 2006 .,, {'. cf SAA9 .4 Tp ,~ !~~ . ;:, y 1 i c '°°B ~ Draft Land Use Element C9LIFOR~~~ site coverage may also be increased by l0% for. a proiect containing below market-rate housine. Coirununity Facilities Sites ~sategeries 'r'' ° '~~ sorelev~ X11 institutional public and quasi=public uses X11 into this cateQQry. Educational uses such as: ). Ele- mentary schools, junior high schools, high schools, and the West Valley Community College are the uses that make up this sub- category. The open space and recreation az- eas of these sites aze part of the City's open space inventory and help supplement city pazk use. Only school facilities or uses com- patible with those facilities and adjacent uses are allowed in this land use category: J a ~ "o ~~~' n r,r• >:• '~,~„ ~nFr• Public facilities. such as• the CivicJCenter, the Community Li- brary, a~ two fire stations and public schools and institutions (i.e. West Vallev Colle a are also included in this category. They are institutional uses under govern- ~vcrra-r crrtsrr-~v~xvv~ ai.,.. ....../ ment control ~ ''' '''^" ''^ ' ''~°'" ~' that provide a public service. . ~llewal3le ,t . „ r___~_,: inner This desig= nation als includes private institutional ,uses, including but not limited to, religious uses (churches, synagogues, religions schools and the novitiate), convalescent homes,_,private schools. the cemetery, the electrical substation, and the Odd Fellows Home. These aze institutional uses that pro- vide apublic service but are not controlled by a publicly elected governing boazd. ~- J C J o mY J J uses: All uses or their expansions, including buildin¢ intensi~ are evaluated through the use permit process and must comply with criteria indicating their compatibility with adjacent uses. For quasi- public uses a master,.plan may be required for all structures changes of use. and improvements in the quasi=public designation. If required: the master plan shall be approved before approval of any buildings and other improvements. . men Space/Resource Protection Open space land use is broken down into-~i~ four subcategories. 'T''• ~ « F ° '^''°~ `'^"' iitn~ -- •r t . t, ~ „~~~ o"`~ g~e~t~ea~e: . The density and intensity of the uses permitted in these subcategories aze as follows: U s s Saratoga General- Plan 14 August 25, 2006 X' ~O ~ G /U4 ~ y `° '°061 ti%` Draft Land Use Element 9j'IFORr~ Exhibit LU-5 -Land Use Map (Land Use Map to be inserted upon approval by City Council of the Land Use Element and related Map ar~nendments. Copies of the current Land Use Map are available in the Saratoga Community Development Department) LJ Saratoga General Plan 16 August 25, 2006 T~ a~ -. p 'O ~~ 9 ` .O rats 9tIFOR~~ Draft Land Use Element _~ LAND USE ISSUES The followine ]and use conditions also apply to special situations within Saratoga. Height Limitations In 2002 at the request of the Saratoga Woods Neighborhood the City Council established a sin- gle story limitation for residences in the Saratoga Woods Neighborhood. This neighborhood is gener- a~].~bordered by Cox Avenue to the south. Saratoga Avenue to the east. Saratoga Creek to the west and Prospect Huh School to the north -This restriction precludes any new second story additions. The ex- istir~ second story dwellings are exempt from this restriction Outside of the Saratoga Woods Neigh- borhood two-stories are permitted but no single- family dwelli~~ shall exceed twenty-six feet in height without a use permit The Saratoga Woods Neighborhood is shown in Figure LU 6. Secondary Dwellings Within the residential designation, secondary resi- dential dwelling units are allowed as a permitted use The structure itself maLrequire Design Review ap~rova] if required by the Zoning Ordinance. A second dwelli~ unit is defined as an attached or detached residential dwelling unit which provides complete living facilities includingpermanent pro- visions for living cooking sleepine and sanitation. In conjunction with the Housing Element. if the pro~erty owner records an affordability covenant restricting rental occupancy of their second unit to very low or low-income households at affordable levels the proverty, owner may exceed both the maximum total allowable floor area and the maxi- mum allowable site coverage for the site by 10%. Historic Resources In recognition of the historic character of Saratoga. the Citv has adopted an Historic Preservation Ordi- nance to protect its irreplaceable heritage resources. In 1982 the Heritage Preservation Commission was established bx.the Citv Council to assist with and encoura eg the preservation of Sara- toQa's heritage resources. inventory historic re- sources recommend to the City Council specific resources that should have historic designations. and act as an advisory body to the Citv Council. Planning Commission. and other agencies as to the impact of proposed new development on historic resources. In addition to several local historic structures. features and sites. the City Council has desig- nated two herita.,ge lanes as local landmarks. The i as des' Hated t e 'c Austin ax.west of Highway 9 as a Heritage Lane The bricks of Austin Way were laid around 1904 when the railway ran alongside Austin Wav The trolleYline connected Saratoga to San Jose and was in operation until 1933: The Saratoea se,,.gment of Austin Wav is one of the v~Y few remaining sections of brick highway pavine to be found: A permit and discretionary *P~~Pw are required pursuant to the Zoning Or- dinance for encroachments or excavations in the City right-of--wax In addition. the City Council designated Saratoga Avenue between Fruitvale Avenue and 14301 Saratoga Avenue as a Heri- tage Lane Saratoga Avenue from Fruitvale to the Village continues to be. as it was in the past. one of the most important entrances to the Citv and a route leading to the heart of the village. The street is characterized by two traffic lanes lined by mature trees and several historic resi- dences Fencing walls. and development appli- cations for residences located along this Heri- tage Lane rewire discretionary review pursuant to the Zoning Ordinance. A list of local historic landmarks and heritage lanes is available in the City's Community De- velopment Department. • u Saratoga General Plan 18 August 7, 2006 o~ 6AA9~ 4 i °9lIFOR~I~' Draft Land Use Element The followine historic resources. which are listed on the National and State of California Re ig ster• exist within the Saratoga Planning Area: • The Warner Hutton House. located at 1377 Fruitvale Avenue. i -, • Paul Masson Mountain Winery. located on Pierce Road. • Miller-Melone Ranch. located at ] 2795 Saratoea-Sunnyvale Road. • The Saratoga Foothill Club, located at 20399 Park Place. • The Saratoea Toll Road, enerally located at the beeinnini of Third Street and Bie Basin Wav• • Villa Montalvo. located at 14800 Montalvo Road. . • The Welch-Hurst Building. located at 15800 Sanborn Road. Mineral Resources Mineral resources in the Saratoga vicinity are lim- ited .primarily to sandstone and shale. Currently. there are no mines or quarries known to be operat- ~na in Saratoea or its Sphere of Influence. Timber Production Section 65302 lal (1) of the California Government Code requires that General Plans address timber production in their land use elements. There are no timber production areas in the Saratoga Plannine Area that would be affected by the Land Use Ele- ment. Military Facilities Section 65302 la) (21 of the California Government Code requires that land use elements of General Plans address military facilities. There are no mili- tary facilities in or adjacent to the Saratoea Plan- nin,g~Area that would be affected by the Land Use Element. Solid and Liguid Waste Disposal Provision Solid and liquid waste material is treated and disposed of outside of the Saratoga plannine area. Population Trends Saratoga has not experienced substantial popu- lation ,growth for several decades. By 1979. most of the vacant developable land was built upon. Most population growth since 1980 is due largely to cha~.gs in household size within ex- isting dwellings Because Saratoga is nearly built out except for hillside areas. there has been little new housi~ construction over the past 25 years other than demolition and replacement of existin he ousin sg lock. According to the State of California Department of Finance Sarato,ga's population was 30.850 as of January 2005. This figure does not include residents within the city's unincorporated Sphere of Influence Population projections prepared by the Association of Bay Area Governments ,~ABAGI show that the City can anticipate a total population of 31.700 in 2010. 32.400 in 2015 and 33 300 in 2020. These are only projections and actual population may change somewhat due to local economic and other conditions or constraints. Em~lovment Trends Saratoga's ,predominant low-density residential pattern provides limited employment opportuni- ties There are no industrial or manufacturine plants large-scale research and development facilities or "b~ box" commercial structures. The lar esg t employers are Safeway. Lon¢s. Gene's Market West Valley Community Col- leee schools and the City Government Center. This trend is not expected to change. Saratoga General Plan 20 August 7, 2006 4 0l swR9 ~O ~V` 7 '~.c9L1FOR~tij'~ 1BSa Draft Land Use Element GOALS AND STRATEGIES T ,~ TT !'' 1 D~,l;n,o„~„d_T,,,,,lo.., ' ,r r - Ti, F 11 nln ..1; ,,.1 .,ln ~e.,rn o r ~ ~c TT ~1 f '.+ rl,n4 •l,'n., nFFn~ n ..;F;..n 4.. l.el„ A ill, r rl, rl ronl Cn~nrnnn C.,1,o~0 .,F T., 4'1„e..no ---r- - o ~_1 T -~ 1, 11 r l,o n o.l rn C.,rnr.,.,n , .,lo~~ rl,o~. a ~ .1 ,i'1 •' 4' a r, sn ter:..., ;d o~ T 1 rnr;~, T~~ienn„moo 1 A r• onln nholl he n ..ef,11., nr,,.ho.l `r'~ D. r ,1 TT 4. C o A.o o r.+slorer ;f •l,e n x 1L.,, n~i ~.,_~ Cxzrr-vcrc~v~_~~ ~~ I2QH-1~~~ Tl,ono nr„~l;on nl,.,.,l.a 1.e ''_--._~ ...:.1. T n>~'rn „r;rl, ,,,,hlin henr„z., l.° (-, 1 7 RT .-rh + Thlln;.le C.,on;fin Din.. r A , r rl, AT rrl,v,e~*er.. TJ:I1..;.1e C..e..;F:.. Din.. 7 f Una *T ',1 •' 1 .1 .l ' 1 • nl,nll 1. t, FF .a F rl ~ , ° ~ _ 1.. •»,orl,. ' _ ..lnV nl ,~ a v~cyTCra-vZrvm 1 1 `1 rl. x c }. ~ „d_o .+ -..1 n il.. ~ accvu ~ r rl, lien; ~ p, :.., De,. r a .,a T ;..,;re.i T.,- aT a S~f~~ r•`l ° i s v * r ••'1..,,... o..• ~l,nll . 1.e n...,F; .,~e~l c a z crr a~rrrcm r r •• rl c r .1 r ~l rl ,e f ~ .. ~r ~ '`l •' 1 e l o r,. n*;., a ;. le.,r;~l 0 i`~VfYt~'~"C o, The !': r., nhn11 ~ o the ,. n 7~,,,;..n. ll . ~.h..n., n e +.+ ii 1. .1 .1 1. ~F • • 1../' 1,.., »r~ n~ xa .l;nrr.nrn ,r e l.o . .1, n l,n a ..r e a GVRT~: Tien;.,., De,.; .b. ~.- e... D..v ne:~ n ^ a~a~ - rl, • r;l ,lo .,.;rl, r rl,e n;ro n ,1~1 n~;^ ^paat nic r ;~~~Y'VUt1V>'~ av 1 ~. AT 1'l0.,01. ,,,..,e..r r n.,.l T n.,~ _ Ilroc • fF' .1 l.l' ~{ t., l ,n anc~ nr.l~ TF:r ;n .lere~„~,; ..e.l rl,nr r a ;nr:.,.. ~r~eorn ., oe.l f • • o rl,o,,,,;n„e h;or.,~:.- nhn~nnro~ .,4'rh~__~~„_ ~_[T;zln..e n .. ,»~~ .....7-- - -- rl r f .*,,, *,ir,r nnr;,r; t.r_ coas ., `1 7~,~~"'~ fV"_J f r no n,,.l o„},n„no,,,o„r 1,,, rl,o .,~.,.,:n;n.,,n n,f , -~ r- -- U. n-iv--cv~+aisrcca--u~ f ^v • Saratoga General Plan 22 August 7, 2006. ,;. of 39A9 4 ~p w ^ ~9 O ,:.aaea:.-. 9tIFOR~~~' ~ Draft Land Use Element Commercial Office. Industrial and Public Land Use J Goal LU 2: Encourage the economic viability of Saratoga's existing commercial and office areas and their--.accessibility by residents,-.taking_into.ac- count the impact on surrounding residential azeas. (Existing LU 4.0) Strategy LU 2.1: Non-residential development shall be confined to sites presently designated on the General Plan Map for non-residential uses. Existing non-residential zoning shall not be expanded nor new non-residential zoning districts added. (Existing LU 4.2) Strategy LU 2.2: Non-residential and-iial uses shall be buffered from other uses by meth- ods such as setbacks, landscaping, berms, and soundwalls as determined through the Design Review process. (Existing LU4.1) Strategy LU 2.3: The City shall revise the zoning ordinance to allow bed and breakfast establishments as conditional uses in commer- cial or residential zoning districts where such uses have not previously been permitted and where such uses would be appropriate. (Exist- ing LU 4.3) Strategy LU 2.4: The Citv shall work with commercial property owners and merchants to encourage appropriate modernization and up- ,grading of retail establishments consistent with the historic character of the community to pro- vide.~leasant shopping experiences. Strategy LU 2.5: The Citv shall monitor Zon- ;no Ordinance standards to ensuie that non- residential parking standards are adequate to minimize spill-over of parking into adjacent neighborhoods. Goal LU 3: Promote the long-term fiscal soundness of the City of Saratoga through careful analysis of land use decisions and fiscal.practices. (Existing LU 7.0) Strategy. LU 3.1:. The City shall consider the economic impact of all land use deci- sions on the City budget through the prepa- ration of fiscal impact analyses for maior - development proposals. (Existing LU 7.1) Strategy LU 3.2: The City shall adopt regulations authorizing exactions in the form of improvements or fees required from de- velopers to compensate the City for their fair share of direct and indirect economic effects that arise from proposed development and to insure implementation of the General Plan. (Exis}ing Policy LU 7.2) Goal LU 4: Provide sufficient ]and uses for public quasi-public and similar land uses in Saratoga. Strategy LU 4.1: Monitor the amount and ~e of land needed for Cit~and quasi- public uses and facilities through the annual City budgetary process and Capital Im- provement Pro rg am. Neighborhood Protection Goal LU 5: Relate development proposals to existing and planned street capacities to avoid excessive noise, traffic, and other public safety hazards so as to protect neighborhoods. If it is determined that existing streets need to be im- proved to accommodate a project, such im- provements shall be in place or bonded for prior to issuance of building permits. (Existing LU 6.0) Strategy LU 5.1: Prior to i~ial approval, the decision making body shall consider the cumulative traffic impacts of single-family residential projects of 4 or more lots, multi- family residential projects of eight or more units, and commercial projects designed for an occupancy load of more than 30 persons. Saratoga General Plan 24 August 7, 2006 ~~ SAR9 ,~ r ~'~ ; 09 ~eae w. P ~ `~°9~~FOR~~, ~ Draft Land Use Element Areas to determine if .the areas are compatible with the County's Local Formation Commis- sion (LAFCO) policies and are appropriate for .annexation and urban development. (Existing LU 1.2) Strategy LU 9.3: Limit the amount of Qradine within hillside areas to the minimum amount needed for dwellings and access. Goal LU 10• Minimize the visual impacts of hill- side development especially on rideetons. Strategy LU 10.1: Require development pro- posals in hillside areas to undertake visual analyses and miti ag to significant visual im- ap cts• Goal LU 11• Foster closer interjurisdictional coop- eration and coordination concernine land use and devel,~ment issues. tonic resources and seek. out historic desie- nations for their respective properties. Strategy LU 12.3: In order to create an in- centive for the protection of historic struc- tures modi~ the Zoning Ordinance to allow the Planning Commission to have the authori~ to modify any of the development ~pulations in the Ordinance, if the subject of the application is a structure which has been designated as an historic landmark. Strate~v LU 12.4: The City shall continue to participate in the Mills Act program which allows property owners of historic residences a reduction of their property tax. Strate_gv LU 12.5: Encourage public knowl- edge ' understandine and appreciation of the Cites past and foster civic and nei hg bor- hood bride and sense of identity based upon the recognition and use of the City's heritage Strategy LU 11 1• Adhere to Joint Hillside resources. hand Use Obiectives that will assure basic con- Strategy LU 12.6: The Heritage Preserva- . sistencv of hillside ]and use policies among the tion Commission shall re ug lady update the West Valley iurisdictions. The West Vallev ('ity's Historic Resources Inventory. Cities and the County should work together to achieve the shared oag 1 of preservin¢ the natu- Strategy LU 12 7: Design Review by both l beauty of the West Vallev Hillsides. a Zr the Planning,.Commission and the Heritage _ _ Preservation Commission shall be required Strategy LU 11 2• Continue to work within the €or development proposals impacting any of adopted Joint Planning Objectives and Land the CitX's heritage land and/or any historic Use,~rinciples for West Vallev Hillsides Areas resources listed on any local or state inven- to reinforce existing_policies. torv Strategy LU 12 8: For any project Bevel- Historic Character/Cultural Resources opment affecting structures that are 50 years Goal LU 12• Recognize the heritage of the Citv by of age or older conduct a historic review: seeking to protect historic and cultural resources. Strategy LU 12 9• (ionduct reconnaissance- where feasible. level analyses of new development proiects StrateQV LU 121• Enhance the visual charac- to ensure that no significant archeolo ig cal. ter of the Citv by encouraging compatibility of prehistoric,~aleontological Native Ameri- architectural styles that reflect established ar- . can resources would be disturbed. If such re- chitectural traditions. sources are found appropriate steps shall be Strategy LU 12 2• Develop zoning and other made consistent with CEOA requirements incentives for property owners to preserve his- to protect these resources. Saratoga General Plan ~ 26 August 7, 2006 r. ~ nt 6AIl9a ~ -. .. .per Oy ~ ~~ •~S `° '°`~ ~ ~" Draft Land Use Element `9LIFORr~~/ IMPLEMENTATION PROGRAM In accordance with Section 65400 California Government Code, the Land Use Element Implementatton Procram serves as a guide for City elected officials and staff on how to implement the adopted Land Use goals and strateeies Its main purpose is to ensure that the overall direction provided in this Element re- garding the City's erowth and development is translated from genera] terms to specific actions. Each implementation action is a measure or procedure that may require additional Citv action. This action may occur on a City-wide basis or in specific areas within the Citv. Implementation of the specific pro- grams will be dependent on funding constraints The Implementation Protrams are intended for use in the preparation of Annual Reports to the City Council on the status of implementine the eoals and strateeies of the Land Use Elements and to assist in the development of yearly work proerams for the Citv. Residential Land Use Goal LU 1• Maintain the predominantly semi-rural residential character of Sarato Responsible A>?ency• Corn_munity Development Department Fundine Source: Development Fees Time Frame: OneoinQ Related Strategies: LU 1.1.1.2. 1.3.1.4. 1.5 Strategy LU 1 4• Review and update Area Plans on a periodic basis to ensure that they reflect the de- sires and needs of each neiehborhood. Responsible Agency Community Development Department Fundine Source: Development Fees Time Frame: 2006 - 2008 r~ Commercial Office. Industrial and Public Land Use Goal LU 2• Encouraee the economic viabilitgof Saratoga's existine commercial and office areas and their accessibility by residents taking into account the impact on surroundine residential areas. fExist- in L 4.0 Funding Source: Development Fees Time Frame: Oneoing Related Strategies: LU 2.1.2.2.2.4.2.5 Re~onsible Aeency• Community Development Department Strateev LU 2 3• The City shall revise the zoning ordinance to allow bed and breakfast establish- ments as conditional uses in commercial or residential zonine districts where such uses have not pre- viously been permitted and where such uses would be appropriate. Action Item• Revise the Zoning Ordinance Responsible AQencv~ Community Development Department Fundine Source: Development Fees Time Frame: FY 2007-2008. ._____ _ _ Saratoga General Pian LUI-1 August 7, 2006 ,~ °f ea~ga rU` OY ~~~~c9llFnstl~~%. Draft Land Use Element Williamson Act Contracts and Agricultural Protection Goal LU 7• Protect existing_aQricultural resources and encouraee expansion of this use. ResQonsible AQency• Community Development Department Funding Source: Development Fees Time Frame: Oneoin¢ Related Strategiesc LU 7.1.7.2.7.3 Hillside Development Goal LU 8 The natural beaut~of the West Valley hillsides area shall be maintained and protected f2r its contribution to the overall qualit~of life of current and future eenerations: Responsible Agency• Community Development Department Funding Source• Development Fees Time Frame• Oneoine Related Strategies: LU 8.1.8.2 Goal LU 9 Generall~encouraee medium density multi-family residential and non-residential to flat- • land areas most appropriate for urban development. Responsible Aeency• CommunitxDevelopment Department Fundin,E Source• Development Fees Time Frame• Oneoine Related Strategies: LU 9.1.9.2.9.3 Goal LU 10 Minimize the visual i facts of hillside development especially on ridee tops Res~onsilile Agency Community-Development Department - FundinQ Source: Development Fees Time Frame• On8o1nQ Related Strategies: LU 10.1 Goal LU 11 Foster closer inter jurisdictional cooperation and coordination concerning land used developr'nent issues. Responsible Agencv• Community Development Department/Citv_Council Funding Source• Development Fees Time Frame• On¢oin¢ " Related Strategies• LU 11.1. 11.2 Historic Character/Cultural Resources Goal LU 12 Recoenize the herit~e of the Citv by seeking to protect historic and cultural resource, where feasible. Responsible Aeency Communit~Development Department/Heritaee Preservation Commis- lion Fundine Source• Development Fees __ Time Frame• Oneoine Related Strategies: LU 12.1 12 3 12.4 12 5 12.5 12.6. 12.7. 12.8. Saratoga General Plan LUI-3 August 7, 2006 ,~ I Attachment 2 .~ /'. 4 ~; SRN Tp `i, '::9 ce Conservation Element Draft Open Spa / cy'~jFOR~~r. Table of Contents INTRODUCTION EXISTING OPEN SPACE RESOURCES RESOURCE AREAS OPEN SPACE/RESOURCE PLAN IMPLEMENTING THE OPEN SPACE/CONSERVATION ELEMENT GOALS AND STRATEGIES LIST OF EXHIBITS OSC-1 Parks and Open Space Resources OSC-2 Existing and Proposed Trails OSC-3 Flooding Potential OSC-4 Hazardous Fire Areas OSC-5 Watershed and Open Space Resources APPENDIX Land Use Element Implementation Program 2 5 16 25 27 28 13 16 19 20 22 • -- - Saratoga General Plan 1 August 25, 2006 ~> -~ ' _- r .~`~,r-' Draft Open Space/Conservation Element yL1FOB~~i iTC7i~ciif6'i~'~4iigi~$~ , ~ ~~ ~3aS-a ~ea ~# ~s~e~~e ~,~, ei~v ~l:ee g ~ , ~ „ • J R a it Tl, !•`'}. ~ .n 11 e.: 47.,..,. n„,7 C ,.}1,:11., n J J g,-,~~ce~s-e€ t~3e-~IE~=S-~aS~ ~~^ `v-'sne . 1~-ccra:iavi~!"llo',~ .7n..e1.Y~~ } 1. 1. X1.,...1,. „1.:«.. «}.. }l.e J O ~ 'il '.1 .1 .i., ., ,. 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F „1a .,....°..,. a "o mrlb Saratoga General Plan 5 August, 25, 2006 ,~ ~ t~~ ~yt~ ~,r' Draft Open Space/Conservation Element «}_.,..• T« 4T.,.~e ,. e..~l•,o ..~,«}_.,..4..:11 n f a .:4t, 4t,e r4n ~~}l,o .~. a'n4e~. n4 . T aa'4:n« In 41~, e „14,,,.nt In«a .; 4T.;« 41,e (`:4.. 1;.«;4n 41-.o.-e a _.,7 1...«arod- a.,~e.. .,F ...~ to ..*.. «a ~~, ~n ,,;f„_ n,,.,« a«n.,~~, ~~~a~~et~~~-e~e~ s~aee-~ax~ ..1. ..~ t7:iln N,f.,«4..1.... ..,.~.oor~d ~ r _.,,1+1:.. 1. .:at,:« corn}......~, ,«ao,. 41,n ; e 'a., 4:n1 .. «a ,. «4r;1•,,,*0.40~1.,0,,0.." .,..._.........._.... ---- ---------- -- --- r----r ~}A}3~A}~ei3-S~E` . l..:nl. }L. n.. n o r 1....n4na T« naa: }:.,« nnl...,.i s r ' __ vu ia ~ .- _ _ , ~~F.t.L,:~1, ;' vx~ c~-cviioi:r ..r c :crTE,x x . .~ .... .j -se~ve~-by et~ 'e} ~ t } e- y e s-e~ a eg$- •rt,n 4..4nt ..nt,,,,.t ..:}., to«a .. .. inn aeFeS~iFeF-rn~cE~eS ,•F •~rmc~e-iseQS--F's'rc ~C: P°°"`~ e nl,.a..a . ,:41,:« :4n o n4 . .:41.:« ~ f Saratoga General Plan August 25, 2006 ,.~i /'• ace/Conservation Element Draft Open Sp $~°.-i~~iuuv ~ ~ .,,w:,,,. ~.,.,..«,.e r a cr ~L ~ ~'7II~CTZITCii e CO ~$ C d sc-13eels a n re-met-~el~l es-an p~bn~~~-ni The State of California's Planning Law defines open space as any parcel or area of land or water which is essentially unimproved and devoted to an open space use and which is designated on a local, regional or state open space plan. (Government Code Section 65560.) Of particular relevance to Saratoga, the Plan- ning Law states that open space includes, but is not limited to, the following: the preservation of plants and animal life, habitat offish and wildlife species, areas required for ecologic and other scientific study purposes, water courses, riparian corridors, watershed .lands and utility easements. - •~ Open space used for the managed produc- tion of resources, including but not limited to, forest land, rangeland, vineyazds, pas- tures, agricultural lands, and azeas of eco- nomic importance for the production of food or fiber, areas .required for the re- charge of groundwater, streams, and .areas containing major mineral deposits. Op~n space for outdoor recreation, inelud- ing'but not limited to, pazks, recreation az- eas, azeas of outstanding scenic, historic or --cultural-value, areas particularly suited for park and recreational purposes, access to water courses and areas which serve . to link major recreation and open space az- eas, utility easements, trails and scenic roadways. Open space for public health and safety, including but not limited to azeas which require special management or regulations because of hazardous or special condition such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and wa- ter reservoirs and areas required for pro- tection and enhancement of air quality. • Open space for preservation of scenic viewsheds, including but, not. limited to, areas of natural scenic views, ridgelines, hillsides, valleys, azeas with natural vege- tation, orchards- and roadway, scenery.; Open space for the preservation of natural resources, including, but not limited to, parks,-recreation areas, areas required for Within the City of Saratoga Planning Area, there exists a diversity of open space lands which fall into each of the above-stated catego- Saratoga General Plan 9 August 25, 2006 ~~ s ~'~ ±U '~ ~~ ~, ,_,_ `, nS rV tl yt~FO;t~~~ Draft Open Space/Co e a on Element The total school site land area that serves the Saratoga residents is over,300 acres; over 100 acres of these areas are already devoted to open space and recreation use. School sites contribute to the sense of. open space in the neighborhoods in which they are located. h1 addition, many school-sites include playgrounds and playfields, many some of which are used by the community through joint use agreements with the Saratoga Union School district. City Parks The Citv controls approximately 87 acres of parkland of which 63 acres have been improved forpark~urposes. City parks are generally distributed throughout the community. Existing parks are described below, and include a mix of neighborhood city-wide and specialty parks. • Azule Park includes 4.3 acres of ciri-owned land located at 12777 Goleta Avenue. Improvements include 2 playgrounds, one for 2-5 years olds and one for 6-12 year olds, one tennis court: 2 horseshoe pits, 4 barbecue areas, 2 drinkine fountains several park benches and picnic tables, perimeter pathway with 4 par course stations, ,grass turf area, security lighting-and connection to the VTA crossing point over Hwy. 85. • Beauchamps Park contains 2.0 acres and faces east Beauchamps Lane between Cravside land and Bowhill Court. Improvements include ~chi]- dren play area for 2-5 and 6-12 age appropriate etc uipment 1 basketball hoop, ]tennis court, 1 picnic table, pedestrian pathway, security lisht- inp and open turf area. • Bellgrove Park is a linear a 2 acre park that parallels State Route 85 and contains a children's play area and picnic tables. t • Broo~len Park contains 0.7 acres of land at 12734 BrookQlen Court. Improvements include a children's playground, half-court basketball court night lighting, climbing equipment, picnic tables and open turf area. Central Park or Heritage Orchard is located near the Civic Center, bounded on the north by Saratoga Avenue, on the south by Wildcat Creek and the Civic Center, and on the east by Fruit- vale Avenue. It is a 17-acre site that contains a 14-acre orchard, the communiri ]ibrarv and the libraryparkinQ 1ot• Congress Springs Park, located at 12970 Glen Brae Drive, contains 9.97 acres of land and is improved with 7 soccer fields, 6 baseball dia- monds, 2-5 and 6-12 year old children's play area with age appropriate play eouipment. picnic tables and barbecue, open turf practice field concession stand, 2 restrooms, 2 drinkin fg oun- tains edestrian ath benches and an off-street parkins area. • EI Ouito Park is located at ]2855 Paseo Presada. This park contains 6.3 acres of land and has been developed with a picnic area with barbeques, a children's play area, volleyball courts. ball/soccer fields, horseshoe pits and a fitness course. This park includes night lighting: • Foothill Park contains a total of 3 acres of land (0.9 acres owned bv__t_hee C~and 2.1 acres of land owned by the school district), It fronts on Seaton Avenue, and facing north and south of the park is Foothill School. The Ciri-owned por- tion includes benches and turf area. • Gardiner Park,. at ]9085 Portos Drive, includes two children's playground areas, for 2-5 and 6- 12 year-olds, benches and picnic tables. adrink- in~fountain, open turf area and a pedestrian pathway on 2.1 acres of land. • Hakone Gardens is a specialri park consisting of 15.5 acres and located at 21000 Big Basin WaY It contains a picnic area, hillside and high trails, a bamboo park and water-strolling_gardens, a Cultural Exchange Center, tea ceremonies, foun- dation offices, food service, restrooms and off- street~arking. The park is one of 12 sites desie- Hated by the National Trust as part of the Trust's Saratoga General Plan 11 August 25, 2006 t Draft Open Space/Conservation Elemen • _..~ I ~~ , t ,.., B V [ Prospect Ruad H«m cr<apur YtI Y1RJl ~ fiORO~Y Otla ~ kYk.~ ~Ka+ki ELrn '' ~~ y ~ , ~ COa Aver111G BreolgWi EI Oroo 1 St.nm Qrk ' "' ~ a f . ., _ ~ _ C~atn ~ ° ~ Congas SV~" Beupore y, ~ . ~OCr ~ .~ ~ c y C ,~ .e 'hl~i c cn ~^~ ~c . ~=~` ` ~ ~ ~ ~ Gel ~ ` c.~. >i t o e~` r. N ~ ~ • ~ p~+~ndak Ave~cert ~ •~ ~~ Foo m ~ ~~ ~ ,ruri ddwd + owu rbr~ Y^^rY a MIA000~ C 8hnry Plea ~ Q .f~ v v ''. ~~yyy'' ' ~ 81g S Crrdaq ~ 4 w ~S ~ 10 s_ // (/j /Sn~Mrrooe P /7 P i< u •i rt .~3 .Y. SOURCE: City of Saratoga, July 2006. ~x O C Exhibit OSC-~ PARKS AND OPEN SPACE RESOURCES ---------- City Limit --••--••--•• Sphere of Influence Parks / OS wfthin Sphere of Influence Parks / OS outside Sphere of Influerx:e ' I Plan 13 August 25, 2006 Saratoga Genera • • r. ~nc~ ~9LIF g~,f' Draft Open Space/Conservation Element north and west. This open space resource offers a variety of experiences to hikers, bicyclists, and equestrians. r~ U Trails Over the years the Citv has encouraged the dedication of a comprehensive and intercon- nected system of .multi-use trails in the community that link to the regional, county- wide trail system as well. The trails allow a range of bicycle riding, hiking, walking, jo in,g and equestrian uses as well as an alternative to motorized transport. Develop- ment of the trail system in Saratoga is guided by the 1974 Trails Master Plan, that was dated and adopted by the City in 1991. as Qart of the Parks and Trails Master Plan. This plan was coordinated to complement the existing County Trails -and Pathways Master Plan The City has approximately 29 linear miles of existing and dedicated trails. In addition there are approximately 12 linear miles of proposed trails. Exhibit OSC-2 shows the location of existing and proposed trails within Saratoga as shown :on the City's Existing and Proposed Trails Map, Open Space Linkages The City's existing open spaces and parkland are currently spread throughout the valley areas and the hillsides. However, the continu- ity of open spaces and connections through trail systems are important in order to enhance the scenic value, provide public access, maintain existing wildlife pathways and ensure the. enjoyment of the open space system. Especially important is the connection . of public facilities and parkland through a multi-use trail system. An exa~le of these linkages is the Parker Ranch Loop a segment of trail that connects Saratoga to the Fremont Older Open Space and, which has a common boundary with Upper Stevens Creek Park's eastern boundary. The Citxis planning a trail that would link Saratoga trails to the'CountYtrail coming out of Stevens Creek County Park into the Mount Eden Valley Similarly, the City is helping elan the Saratoga-to-the-Sea Trail, which envisions a trailhead near Hakone Gardens that would connect Saratoga to Sanborn County Park and then to the Skyline-to-the-Sea Trail, a hike that begins at the Saratoga Gap on the crest of the Santa Cruz Mountains. The Skyline-to-the-Sea trail winds through redwood forests into Castle Rock State Park and down into Big Basin State Park Hikers emerge 34 miles from the moun- tain rid onto Waddell State Beach on the Pacific O ean. The trail would connect through a 65-acre former quarry owned by the Santa Clara County Roads and Airports Department. which is on the eastern slope of the Santa Cruz Mountains between Saratoga and Sanborn County Park. The Santa Clara County Roads and Airports Department and the City of Saratoga will work together to enter into a ioint use agreement once the County determines feasibility for development of a trail through the abandoned quarry. Military Facilities Section 65560 (b,~ of the California Government Code requires Open Space Elements to address "open mace in support of the mission of military installations that comprises areas adiacent to military installations, military training routes and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the rnilitarxlands." No such military lands exist within or adiacent to the City of Saratoga. Saratoga General Plan 15 August 25, 2006 Undeveloped and Agricultural Lands RESOURCE AREAS Mineral Extraction There are two basic land resources to conserve in the Saratoga Planning Area -undeveloped and agricultural lands Approximately ninety percent of the land in the City is developed. In addition to the 900 acres of undeveloted land in the incorporated City there are approximately 700 acres that are essentially vacant in the Sphere of Influence. Most of these lands are located in hillside areas and are subiect to significant constraints such as steep slopes and unstable soils These hills, and further away; the mountains, are valuable scenic open spaces which balance the growing urbanized areas. The conservation of these unspoiled open spaces with their scenic views and undisturbed wildlife habitat and native plants, as a permanent greenbelt around the City, is essential for the preservation efforts of the City's rural character and well-being; Insensitive developments endanger this last, valuable natural resource. The preservation of ecological balance is essential for a . better quality of life in the future. 1 Agricultural uses in the Citv include more than 150 acres of land. Of this total. 109 acres have been designated agricultural preserves under the Williamson Act. The intent of this act is to avert the premature development of agricultural lands to non-agricultural uses through lowered property taxes on contracted land. The act permits a lower County tax assessment based on ?gricultural use rather than development potential In defining agricultural uses as they relate to Williamson Act lands, Government Code Section 51205 further states that where the term `agricultural use' is used, it shall also be deemed to include recreational and open space use. Draft Open Space/Conservation Element Mineral resources in the Saratoga vicinity are limited primarily to sandstone and shale. Currently there are no mines or quarries known . to be operating- in Saratoga or its Sphere of Influence. Geologic Hazards The land's capabili of supportin dg evelopment' varies greatly throughout Saratoga and its Sphere of Influence. While many areas offer problem-free development sites, many others contain hazards such as soil erosion, landslides, soil subsidence and severe earth shaking. Much of the Sphere of Influence, in particular, is characterized b~unstable soil conditions made even more hazardous to development by the steepness of the terrain. The San Andreas Fault which crosses through Saratoga's Sphere of Influence, presents another serious hazard to any development within the fault zone A maior earthquake alone the San. Andreas Fault is expected to occur in the next several decades. In 1906, Santa Cruz Mountain residents suffered losses resulting from ground displacement ground shakingi and landslides. During smaller earthquakes the same phenom- ena may occur however with far less intensity and extent. The Safety and Seismic Safety Elements of the General Plan and the Hillside Specific Plan more ~ecifically define the geologic hazards existing in Saratoga and its Sphere of Influence. Flood Plain and Flood Protection Sarato a is located in the North Central Flood Zone of the Santa Clara County Water District. Creeks in the City under District jurisdiction are Calabazas Rodeo Saratoga Wildcat and San Tomas In general flooding from these creeks has been confined to the relatively narrow flood plain directly adjacent to the creeks. Exhibit -OSC=3-shows-the~ocation-and extent of the 100- Saratoga General Plan . 17 August 25, 2006 • i Draft Open Space/Conservation Element I a~ c d m ,~._.___.--- Es Nrospect Road ' ;~~,~ f i -- --- ----- - ----- ---- Cox AvrrroG . I .w."" •. •vv r • 1 r _. o f,d e ~ ~ s~ SS b ' y ",¢a+ I r o l i T ~o Z~~u v, I Anendale Avenue i ~ ~~ ~ ~ ! d c .F 4 ~,e~°~a9,~f ~~~g~ ~viud~ ~ E &E ~^' ~ ~~s w $~o ~a :~ SOURCE: F6Mp, flood Insurance Rate hiap, Cirv or5aratoga, 3 July 1997. ~~ II Exhibit OSC-3 FLOODING POTENTIAL ..______,.....- City Limit -.-...--••---•• Sphere of Influence ~~- 100-year Flood Plain (aPProx-) - - - - - -- - - ---- -0- 17SlYG - 1 m~e tti Saratoga General Plan 19 August 25, 2006 ~ ~ /Conservation Element S ft O D ~s•• : y ,r l'lFORT~ ace en ra P P Water Supply City's water supply. -These areas should be protected from significant urbanization in order Domestic water is supplied to Saratoga by the to maximize continued production of the local San Jose Water Companv: a private company water supply (See Exhibit OSC - 5) serving central Santa Clara County, including the City of Saratoga. Water is available-from Water puality three sources• local groundwater, which is extracted via a series of wells, local surface The City of Saratoga is a participating agency in water primarily streams and runoff from local the County of Santa Clara Non-Point Source hillsides• and imported water from Santa Clara Pollution Control Program. This prosram is to Valley Water District. Well and stream water is protect lakes river creeks, streams and _other purified at the San Jose Water Companv bodies .of water in compliance with National treatment plant in Los Gatos. The San Jose Pollutant Discharge Elimination System Water Companx does not supply water to areas jNPDES) Permit requirements. Under this more than one lift (300 feet) above the City's program local development proiects, both _ service system Before more construction is public and private funded, must incorporate Best allowed in portions of the Sphere of Influence Management Practices into each development in or the western hillsides, additional water order to F protect water quality during both source(s) and an economical water distribution construction and Bost-construction phases of a system must be identified that will allow a project Adherence to water quality standards for reliable delivery of an adeauate supply and developmt;nt~roposals is the responsibility of pressure of water for domestic and firefighting the CitY,of Saratoga. purposes. ~ . _The San Jose Water Companv updated its Urban _Water Management Plan (UWMPI in 2005. Based on_population proiections made by the Association of Bay Area Governments (an annual 1 5% growth ratel, the UWMP found that the San Jose Water Companv will have suffi- cient capacity of local water available to serve their service area until 2030..The UWMP found that water shorta eg s would occur in the event of a_n extended multi-year drought during this time period but methods are included in the UWMP to ensure that adeauate water service would continue. These methods include additional groundwater pumping. acquisition of additional imported water and implementation of water conservation techniques. Watershed Protection Areas 1 Portions of the higher elevations of the Santa _Cruz Mountains within the City's Sphere of Influence provide water runoff into local stre__ams - - -and-recharge-wells_that_pr_ovide a portion of the _ Saratoga General Plan 21 August 25, 2006 ~~ ~~ .~. ~~ ~.. ,r~~ Draft Open Space/Conservation Element .1.~F08?~ . _ Plant and Wildlife Species i. Saratoga -and its Sphere of Influence are charac- terized by a diverse array of wildlife and plant ~ecies The landscape varies on the foothill and mountain slopes from dry chaparral to larger . woodland where stands of various oaks and native ~ecies predominate. Common to this area are the Live, Black. Valley. Blue. Tan Bark and Scrub Oaks. Madrona, Buckeye and California Bay Laurels. Strands of Douglas Fir forest and some groves of Coast Redwoods are found along many stretches of the Santa Clara Valley side of the ridge. The Montalvo Arboretum covers 175 acres of woodland that extends up into the City's Sphere of Influence. Within the park confines there are almost two dozen identified plant species. The Arboretum offers citizens and visitors the finest opp~ortunitxavailable to view a comprehensive collection of native plants in their natural settin . Since the Saratoga Planning Area contains two discrete habitat types the urbanized area and hillside area plant and wildlife species are described accordingly below. Urbanized Areas The flatter portions of the Saratoga Planning Area exhibit plant and animal species typical o_f urbanized areas, including a combination of native and introduced trees, grasses and shrubs which serve for landscaping pumoses. Undeveloped areas are typified by native grasses and ruderal species. The one special status bird species that may still exist in the urbanized area is the burrow- ing owl which is listed as a Species of Special Concern by the California Department of Fish and Game. --Local -creeks-and_streams__extending through the flatter urbanized portion of the Saratoga Planning Area may include the California tier salamander and red-leg eg d frog. Both species are listed as Threatened under the Federal Endangered Species Act. . Hillside Area The Santa Cruz Mountains harbor many spe- cies of reptiles, amphibians, birds and mam- mals. In addition to the more common varie- ties several rare species are known to live in these mountains or to re ug larl~quent the area in search of food and shelter. The California Natural Diversity Data Base, maintained by the California Department of Fish and Game, lists several_threatened and/or endan~ered_plant and.wildlife species that may occur in the hillside potion of the Saratoga Planning_Area, including coho salmon, steel- head trout. Zayante band-winged erasshopper, California tiger salamander, California red- legged frog, Cooper's hawk, San Francisco garter snake, Alameda whipsnake, white-ram pentachaeta Ben Lomond spineflower, Marin western flax. Tiburon paintbrush, coyote ceanothus Santa Clara Vallev dudleva. Metcalf Canyon jewelflower, fountain thistle and San Mateo thorn-mint. This list is based on secondary source material prepared bX both the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Open Space and Conservation Ele- ment.goals and strategies require site specific survexs for sensitive biological species prior to actual development. At the present time, the` only wildlife preserve in the Saratoga area is the 175-acre Montalvo Arboretum which extends up into the City's Sphere of Influence. The Arboretum is an official Audubon Society sanctuary for birds; . _over seventy-five varieties of birds have been identified on the property together with nu- Saratoga General Plan 23 August 25, 2006 Draft Open Space/Conservation Element, In addition to City landmarks dating back to the 19~ century several archeological sites have been identified in the Saratoea area. Two specific sites have been lo~Qed by the State Archeolo~,_cal Inventory Survev "on or near Saratoga Avenue adjacent to the Saratoea Hish School" Other more eeneral areas have been indicated by archeolo~.'sts to contain potential sites reyuirinQ further investigation. • F; p ~E"+~~1 f :wPw/~r-~ ate:.. ~~ ~/-~ ~~.~ ~.~ kit ~. ~ t^ Ogg l F- uYi ~"~w` i ~ a~ ~'.~ ~ i 4 ~~ ~-- , . `4~~ .ask Qr . Sarato a General Plan 25 August 25, 2006 9 Draft Open Space/Conservation Element u 1 IMPLEMENTING THE OPEN SPACE/CONSERVATION ELEMENT The Open Space/Conservation Element can be implemented in a number of ways as identified below Other implementation opportunities may be omen to the City as well. plain areas limit development in areas that contain sensitive plant or wildlife species and protect watershed areas and scenic views. Land use regulations should be coordinated with amendments to the City's zoning ordi- nance to ensure effectiveness. State grants Dedication of parks and trails The City can and should require dedication of both ]and for parks and trail easements wher- ever feasible when considering subdivision maps (parcel maps and tracts) and develop- ment proposals in the community. Dedication requirements should be imposed as needed to mitigate the impacts of proposed development. Where appropriate the City should also im- pose fees to assist in financing trail develop- - ment. User fees and charges Recreational fee revenues are placed into the City's General Fund. The City may consider increasing the amount of such fees, as needed, to recover the full costs of providing both direct recreation services and a portion of the. costs to maintain such facilities as well. Tax revenues The City could choose to pass one or more of the various taxes that would raise additional funds for the development and/or maintenance of park and other open space resources. Such fees include parcel taxes, utility taxes and others. Land use regulations In association with the Land _Use Element, ]and use regulations can be developed to encourage on-going agricultural operations, limit development in and adiacent to flood The State of California has adopted several bond programs in recent years that provide full or gartial funding for park acquisition and development trail development and similar recreational facilities. Master Plan of Parks and Trails In 1991 the City ad~ted a Master Plan of Parks and Trails. This document provides important guidance for development of the City's parks and trails and also includes a number of ~ecific methods to expand park and recreation facilities within Saratoga. It will be updated as needed to meet current and future needs and to ensure that it comple- ments and provides linka~,es to the County Trails and Pathways Master Plan and Midpen- insula Open Space District trails system., Intergovernmental nroiects The Ci may elect to work with other local and iegional agencies within Santa Clara County for the provision of parks, open spaces and other recreational facilities. Such agencies include but are not limited to Santa Clara County,, the Santa Clara County Water Dis- trict the Midpeninsula Open Space District and other incorporated communities in the Coun Saratoga General Plan 27 August 25, 2006 Draft Open Space/Conservation Element • ~r~~eP-g~e~~~s~~e~tie-~eae .1 •, , ae.,na.. end'.. ~~ uses: ~rl,e r~•... ~t-,ntt .,y ~-i v~ia7 ~aan~ CS" ~,,,, ,.FFe1=E--~e~~e~eeE-e~e~r-ep~a~e-~ • '1,'11 '.1 ~] X1,..11 n ..1.. •l,e Do.-:.i rr ~ ^ -e - r' s ' ~Le e .,.. .J ...... tfvtnsSliFC-~eS}~ci:i}a} .7e e1~. 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W ~ 1 1 -.1 s 1. b + ~+~ r ~ „ .. n +++ r ` -- --- -r o - -- .1... n.,, .,1 o e :. ~. .:~ . ~ ~ Si$~eH ~ cn--~~H~ii ~36t~3 ••- - @~a~a-S~3@ e~933 -- ~ ~ ..i ~~ ~ ~ u-aD-rcae~l~R~}9~H-6~$~1C~3~!'Tsi.(!., 7.1,,, n:..Lr.F ~2cd38~9i-9pe33 S~&ee--iii-~3° F ,•+1.:11 s , ~ o ~~.,,.+.. ~ ~ .,F _en..+n nl...... ~~, 3 3 tl~1r - s~~- v acv~~=~~ rcFrJCac .~ ia @~'e3; E133E~, ,.., ae„elm, ...... ,,:~,.*n r e r' .r ' Saratoga General Plan 29 August 25, 2006 C. ~• Draft Open Space/Conservation Element ~-6E$~ D.,1,1:,. 1, e., 141, ...1 ....F 4.. cixciraccci-arr L rl ....M.,: ctn-D's, ~cvrunc----'-' p eae~~-side: ..., ., .,le to !~ 1 T'1, ~:4..~n .. eeL.. ..1..,17 l.e ... ..,,1 ~ rT a 4 a ''e~e~ess~bl~, ,,.,4,....,1 ~ie~s: ~ i ~ ~ in '~cvioi 9i adi'r = ' = v~ arfiice 9 -- r c vo r~ ~i ~~ pil e o ~ .1 4 . ~ .,4,.~1 :~ :1:° ~ i~oc ..... ... ni b' e .~ 1.4 4 4 4' o e4n4;.... 4.. l.o ..1 ....4e.a 41.. 4 a~~~i~ - ~-e~s~ed- k g ~ e e~eet~: age~e~ e •, a .t ..:l:a.. ~ e,: ~:4au~ . .~. e a~~~ ~ e~ use€ar e ~ ~ =~ b ~ s-- ess~b~e-~ a~e e-er ~ et~ ..4.~.. ~ p e 1 a 41: e41,,.a.. ,.~,. ~ ~ e w4 1. 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A .. ..1.1: r~ rn r '..1,.,11 ,.l,,.le 1.,.4 .,..4 ~~Ss~a~~~ ~4e~ta~s ~e ~:4.~~ ------ Saratoga General Plan 31 August 25, 2006 Draft Open Space/Conservation Element 1 ~~-Tee#... _ r~•«.. • s f' F 1 '1 1. 11 l.e ~,ie .1 .+.] .i., el.. e.i 'o ~~ 1• ,.. a . ,.e_~ ., e 1Q'1 D ~~. r o .Q ~p~~ ii}Sii3s ~ 1 a..: ~: .,.1 T...ie~:.,+,:,,.. a:.e..e ~~e ds-as-eg~~eg~e~e c a • .• . • . ~.,...., t,;.~ ~P~"u Y t A 1I M •1 L. ..t.7 L.e '~i- 1~'-A'}1-Y'f1'lB~lA ~}9 11 11 - _.~ ..~ «4 __ _. • Saratoga General Plan 33 August 25, 2006 ~~ Draft Open Space/Conservation Element ~ ~ ~ t e- ~tbt~s ~'- ~- _~~ee~eep e ~ 3S 1 ~ ~ j ~ ~ p 1 2 -i~2e -@~3 9rvuE a 'a, 1 ell «t.. ,..;....1 t~--a ; ~ s ~e~ret~~-~-~s ~e ~ ~-as -tive~t-a~ ~, ~ea~ De es , ZQ lta a >Q 11 All t...:l.l: «..~ ~t...ll t.e ~~~s--~-~...m.-min ........ .,_ Ye er c~ ~`~ .' t 1 ~ t a a ..il.. «ar~,l le e ^ ~,4 }}cr~cmru a ~e e ~ -~•al~ FI al .l _at, I"~:a,.~ ~t,..ll .. ~;.~e~ ,. ,...,+: oz , ~ ~r ,l Fat, a ,.L.t...~....,.,'. b a 7 ' ~ ~ ~ t.'a a ti 11 t. '. iisxvrcasrJnun-v ~ i «a: F:e,l .,«~1 ,~ ,.ae..ae.l i- Y r f f s r -~tse ~ n taee a i =~-- .,,.a :,.1_l,. n,~~~ee a~ s~ ~ ' } a ~-i~ia i c-Fa ax~sci e23[~hi2e a (~pri ei e ~36rr- r i r icrr - s ee - W ~~-?~ te ~ . ~ T, ~ ~ . ~ . ~ ~~ ~ ~ ~ CttYT, YSt7C~~ Se~~Vte~v-rr~isttel -, ~~. ~a1'lzcaixn~ri'sa1v'riu+- •1 ••~ ~•7 «e c~ i-i:asua6 .~+1.... Saratoga General Plan 35 August 25, 2006 o °• ,~~ ~ ~ ~ ~1~F ~~tir 1 Draft Open Space/Conservation Element Goal OSC 4: Strive to achieve a ratio of 5 acres of park and open space area per 1,000 residents. Trails and Oren Space Linkages Goal OSC 5: A city-wide system of hiking bicycling -and horseback _ riding trails. shall be provided within the community, which includes regional trail linkages with City, County, State, and regional parks and other publicly owned open space lands. StrateQV OSC 5.1: The City shall continue to use the Pazks and Trails Master Plan as a da~to-day guide for the development, main- tenance and financing of trails in Saratoga. Strateey OSC 5.2: The City shall promote the acquisition of trails throueh purchase,, dedication or gift. tential impacts on adiacent lands and private property includin~potentia] impacts to pri- vate property owners' privacy and security. Trails shall be designed to City specifica- tions require minimal grading, and include effective erosion control measures. StrateQV OSC 5.7: The City shall regulate developments along designated trails in or- der to provide sufficient trail right-of--way and ensure that development adiacent to the corridors does not detract from the scenic and aesthetic qualities of the corridor. StrateQV OSC 5.3: Trail planning, acguisi- tion development, maintenance and man- agement shall be coordinated among the various local and County volunteer agencies • as well as local regional, state, and federal aeenc~es which provide trails-or funding fore - trails. Strategy OSC 5.4: Trails shall be estab- lished along traditional routes whenever fea- sible consistent with the Parks and Trails Master Plan. Strategy OSC 5.5: Trail development, pa- trol and maintenance responsibilities shall be coordinated with all entities involved in each trail segment. In most cases, develop- - ment responsibilities shall be borne by the property owner with maintenance activities undertaken by the City. StrateQV OSC 5.6: Trails shall be located, designed and developed with sensitivity to the resources and environmental hazards of the areas they traverse, as well as their po- StrateQV OSC 5.8: The City shall not ac- quire plan or develop -trail easements- or public access easements along Wildcat Creek or Saratoga Creek, across sin lg a or multi-familyland uses as designated in the Saratoga General Plan abutting said creeks, or adjacent to said creeks between the cen- terline thereof, and any single or multi- family designated property. This policy statement shall apply to Saratoga Creek from Project Avenue south to Tollgate Road and to Wildcat Creek from Ouito -Road--south-to-the--Villa-Montalvo- Arbore- tum property line with the exception of the section between: 1) Carnelian Glen Drive and Do u~lass Lane, 2) Gardiner Park and ~ringhill Court. 3) Crestbrook Drive and Via Monte Drive, and 41 Via Real Drive, as shown on the Trail System Map. StrateQV OSC 5.9: Whenever feasible, trails shall be designed and developed to meet the accessibility needs of all segments of the population. StrateQV OSC 5.10: Trails shall be designed with adequate ingress and egress points to minimize the need for parking at trailheads. Where parking is provided, it shall be de- signed in a manner that is as unobtrusive as osp sable. Saratoga General Plan 37 August 25, 2006 • • 1 Draft Open Space/Conservation Element Goal OSC 10: Maximize efficiencies in the use of the City's water supply. S_trategy OSC ] 0.1: Implement water con- servation provisions of the San Jose Water Com~any's Urban Water Management Plan. Biological Resources Goal OSC 11: Protect and enhance sensitive vegetative and wildlife habitat in the Saratoga Planning area. Strategy OSC 11.1: Minimize development that would encroach into important wildlife habitats limit or restrict normal ran¢e areas, or restrict access to water food or shelter. This includes limitation on installation of barrier fencin~in hillside areas. Goal OSC 12: Support appropriate management for sustaining the health and increasing the extent of urban forest resources in the Ci ~. The specific vision is to increase overall tree cover, tree health and consequent tree benefits in an suitable -cost beneficial. and sustainable manner. - ------__ ...- ._ _ ..- .:. . Strategy OSC 12.1: Development proiects should include the preservation of protected trees and other significant trees. Any ad- verse affect on the health and longevity of native oak trees, protected or other signifi- cant trees should be avoided through appro- priate design measures and construction ractices. When tree reservation is not fea- sible individual development projects shall include approQriate tree replacement as ap- proved by the Citv. Strategy OSC 11.2: Through the develop- ment and CEOA process, preserve, protect, and maintain riparian habitats and creek cor- ridors This includes requiring biological surveys of parcels of land that could contain sensitive species or their habitats prior to allowing development on these parcels. Strategy OSC 11.3: The design of parking lots shall be evaluated for opportunities to reduce large continuous expanses of asphalt and to promote the establishment of visually interesting and aesthetically pleasing park- in lots. Strategy OSC 12.2: Trees used for new or replacement plantings should be selected primarily for low water use characteristics. Strategy OSC 12.3: To further support the City's urban forest resources build on the City's Tree Regulations, the _City should establish a Community Forest Master Plan that will identify focus areas of the commu- nity.in which to implement tree management activities inventory and assess trees, sum- marize data .and specify benchmarks. Fire. safety shall be an important consideration when evaluating the preservation of native vegetation. J Strategy OSC 11.4: The Citv should pro- vide information and assistance to the public in the preservation and care of native trees whose existence can be threatened by envi- ronmental stress and development. Strategy OSC 11.5: Mature vegetation shall be preserved wherever possible. Arbor Resources Goal OSC 13: The preservation of native and other plant species indicative of Saratoga's cultural heritage shall beg~ven priority over development and provide for the perpetua- tion of such species. Strategy OSC 13.1: To further preserve the city's inventory of arbor resources, .the Citv should encourage owners to consider formal designation of heritage trees. Saratoga General Plan 39 August 25, 2006 U ":, ,~ ~~ ~. ~,~ Draft O en S ace/Conservation Element r p p yLIFORTj1/ __ IMPLEMENTATION PROGRAM: General Onen Space Goal OSC 1 • To provide and maintain men space resources of local and regional significance accessi- ble to the public. Responsible Agency: Public Works/Community Development Funding Source: General Fund, Development Fees Time Frame: Ongoi~ Related Strateeies: OSC 1.1, 1.2 Goal OSC-2• To preserve the natural and rural character of~Saratoga. Responsible A~encY Public Works/Community Development Funding Source: General Fund, Development Fees Time Frame: Ongoing Related Strategies: OSC 2.1 _ Parks _ Goal OSC 3• To provide and maintain parks which are located designed, and improved to serve the needs of the residents the community and the neighborhoods of Saratoga. r Responsible Agency: Public Works/Community Development FundingSource• General Fund, Development Fees Time Frame: Ongoing Related Strategies: OSC 3.1, 3.2 Goal OSC 4: Strive to achieve a ratio of 5 acres of park and open space area per 1.000 residents. Responsible Agency Public Works/Parks and Recreation Commission . Funding Source• General Fund, Development Fees Time Frame: Ongoing Related Strategies: OSC 3.1, 5.1 Trails and Open Space Linkages Goal OSC 5: A city wide system of hikin~bicycl'ng and horseback riding trails shall be provided within the community which includes regional trail linkages with City County. State, and regional parks and othergublicly owned open space lands. ResQonsible Agency Public Works/Community Development/Pedestrian, Equestrian and Bi- cycle Trails Committee Funding Source• General Fund; Development Fees Time Frame: Ongoing Related Strate¢ies• OSC 5 1 5 2 5 3 5 4 5.5 5.6, 5.7, 5.8, 5.9, 5.10 Saratoga General Plan OSCI-1 August 7, 2006 i~ Draft Open Space/Conservation Element Biological Resources Goal OSC 11: Protect and enhance sensitive vegetative and wildlife habitat in the Saratoga Plan- nipg area. Responsible Agency:- Community Development/Public Works Funding Source: General Fund, Development Fees Time Frame: Ongoing Related Strategies: OSC 11.1, 11.2, 11.3. 11.4, 11.5. Arbor Resources Goal OSC 12• Support appropriate management for sustaining the health and increasine the extent of urban forest resources in the City The specific vision is to increase overall tree cover, tree health and consequent tree benefits in an equitable cost beneficial and sustainable manner. Responsible Agency: Community Development/Public Works ' Funding Source: General Fund, Development Fees Time Frame: Ongoing I Related Strategies: OSC 12.1. 12.2, 12.3. ' _Goal OSC 13• The preservation of native and other vegetative species indicative of Saratoga's cultural heritage shall be given priority over development and provide for the nemetuation of such species. . Responsible Agency: City Council/Heritage Tree Committee Funding Source: General Fund; Development Fees Time Frame: Ongoing Related Strategies: OSC 13.1, 13.2 Cultural Resources Goal OSC 14• Through coordination with and implementation of other related General Plan strategies, safeguard the heritaee of the City by, rop viding for the protection of irreplaceable historic and cultural resources r~resentins significant elements of City and regional history. (Refer to Historic Character Land Use Element Strategies and Implementation ProQraml. Responsible Agency Community Development/HeritaQe Preservation Commission Funding Source: General Fund, Development Fees Time Frame: Ongoing .Related Strategies: OSC 14 1 LU 12.1 12.3 12.4, 12.5, 12.5. 12.6, 12.7 12.8 12.9 Air uali Goal OSC 15• Improve local and regional air qualit~y ensuring all development proiects incomorate all feasible measures to reduce air pollutants. Responsible Agency: Community Development Funding Source: General Fund, Development Fees ' Time Frame: Ongoing Related Strategies: OSC 15.1, 15.2 Saratoga General Plan OSCI-3 August 7, 2006 /. Existing and Proposed General Plan Land Use Designations Existing GP Proposed GP Existing Zoning Comments Category Category Residential RHC (Hillside ~ RHC HR (Hillside No change * Conservation) Residential) RVLD (Very Low RLVD R-1-40,000. No change * Density) RLD (Low Density) RLD R-1-20,000, No change * M (Medium M R-1-10,000 No change Density) R-1-12,500 R-1-15,000 RMF (Residential RMF R-M 3,000 Nc~ change * Multi-Family) R-M 4,000 R-M 5,000 PDR (Planned PDR none No' change Development Residential) , MUPD Redesignate as MUPD Text Amendment: (Manufacturing Medium No change. Designation is not listed Use Planned Density per in text of Land Use Element; appears . Development) existing on Land Use Map only and is applied development to one area only, east on Saratoga Avenue between SR85 and McFarland Ave. Land Use Map Amendment Delete from legend and redesignate area to appropriate residential density, as developed, which is the RM (R-1-10,000) designation. Implementation: Rezone area to the R-1-10,000 Zoning District. * Per Measure G, no changes are allowed in these residential categories. • u ., Existing GP Proposed GP Existing Comments Category Category Zoning PDM (Planned Delete Various Text Amendment: Development commercial Remove this category from the text Mixed) and multi- of the Land Use Element. Add family policy stating that mixed-use is residential allowed in all commercial zones. _.- _ This is already provided for in. _ Zoning Ordinance. Land Use Mao Amendments: Delete designation from map. Affected properties are to be redesignated to land use designations that conform to existing development as follows: To CR (Commercial Refai/) Commercial properties fronting on Prospect Road and Saratoga- , Sunnyvale Road as described in Exhibits 3 and 4 _ . To PA: (Professional Administrative) Office complex parcel located at the southeast comer of Cox Ave. and Saratoga Ave. See Exhibit 8. To RMF (Residential Multiale Famil Multi-family residential properties located immediately adjacent to. the east and west of commercial , properties fronting on Saratoga- Sunnyvale, south of Prospect Road. See Exhibits 3 and 4. Public/Quasi PubliG Commuri Facil ities CFS (Community Merge CFS with Various Proposed Text Amendment: Facilities); PF PF and QPF residential and .Revise text to combine with PF and (Public Facilities) commercial QPF categories with CFS. All CFS and QPF (Quasi- districts sites require a use permit for new Public Facilities) development or expansion of use. Land Use Map Amendments: Redesignate PF and QPF sites as CFS, RM-10 and RLVD, See Exhibits 5, 6, 7, 8, 9 8 10. - ----- - -- Zonin :City may consider new Public Facilities/Institutional Zoning District. S ecific Plans currentl not shown or referenced in text or ma Saratoga Village Show SP CH-1 & 2 Proposed.Amendments: Specific Plan boundary and Reference added regarding SP & list on map. included as Appendix Land Use Map Amendments: Show SP boundary on Land Use Map. Hillside Specific .Show SP RHC Proposed Amendments: plan boundary and Reference added regarding SP & list on map included as Appendix Land Use Map Amendments: Show SP boundary on Land Use Map Other Amendments: ~,D RVLD R-1-40,000 La d Use Map Amendments: (no change in Redesignate four parcels at 28010, .zoning 28020, 28021 & 28011 Audrey designation) Smith Lane, from RLD to RLVD. This will make them consistent with other parcels and development on Audrey Smith Lane. Development at higher density (per existing GP designation) has potential cumulative impacts on adjacent properties. See Exhibit 6 RLD RVLD R-1-40,000 Land Use Map Amendments: (no change in Redesignate one parcel at 20170 zoning Bonnie Brae, two parcels at 20152 . designation) & 20161 Hill Avenue, and one parcel at 14931 Vickery Avenue. Parcels include some topographic • constraints, and development at higher density (per existing GP designation) has potential cumulative impacts on adjacent properties. See Exhibit 6 .7 • ~J Cana use riaN r-~iiic~i~~~~~~~~~ Exhibit 4 I~ ® PF to CFS ® QPF to CFS SR85 PUC to SR85 PDM to CR ® PDM to RMF .,, ~, .° .: } pq~(/~y~ ~p(`j~~'~ ~ \I o i t ~ ~ ' ~ , V W OAK t ~ ° l ~pv LOMAS ~ p4`~' SARATOGA-LOS ~ ~ GATOS ROAD ~ \~s ~/ ~ ~ 0 / / ~ •~ o ~ o I HILL ,C~. ~ ,N • Land Use Map Amendments Exhibit 6 ® QPF to CFS ® PF to CFS ® RLD to RVLD ® PA to CR • • .~'~ ,- ,gym ,~ ~o mA ~ee i' SR 85. """" ` SARATOGA AVE ,.....:~ ~ff RD i~ Land Use Map Amendments Exhibit 8 QPF to CFS ® PDM to PA PA to CR ~ MUPD to RM10 SR85 PUC to S R85 ? ; QPF to RM 10 Land Use Map Amendments Exhibit 10 ® QPF to CFS QPF to RVLD • -- - - - ~ - - - ~ ~ ~II M • , .,, r. JEFFREY B. HARE Attorney at Law A Professional Corporation 501 Stockton Avenue San Jose California 95126 Tel: 408-279-3555 Fax: 408-279-5888 Jbhlaw@pacbell.net i CATHLEEN BOYER CITY CLERK CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CA 95070 September 26, 2006 Via Regular and E-mail RE: OBJECTION TO NEGATIVE DECLARATION AND PUBLIC RECORDS REQUEST CONCERNING THE FOLLOWING PROJECT: APPLICATION #07-082 (City Wide) DrYaft Land Use and Open Space/Conservation Elements of the Saratoga General Plan and Negative Declaration Dear Ms. Boyer: This letter constitutes a formal objection on behalf of the Neighbors of Kevin Moran Park to the proposed Draft Land Use and Open Space/Conservation Elements project, Application #07-082, which has been scheduled for a Study Session on September 27, 2006.. Pursuant to Government Code §6250, et seq., I hereby request a copy of any and all documents, writings, and other public records that pertain or in any way relate to the proposed project, including, but not limited to, the Initial Study, any checklist, or other documentation prepared by or on behalf of the City of Saratoga concerning the environmental review for this project under the requirements of the California Environmental Quality Act (CEQA), Public Resources Code §21000, et seq. Very truly yours, Jeffrey B. Hare cc: Richard S. Taylor, City Attorney f( ', ~~ i. r' i I Deborah Ungo-McCormick 'hrom: Sent: To: Cc: Subject: ATT599706.htm John Livingstone Monday, September 25, 2006 10:41 AM Therese Schmidt Deborah Ungo-McCormick FW: General Plan update Hi Please respond Thank you John L Therese to this a-mail: -----Original Message----- From: Maureen [mailto:mohillconsulting@comcast.net] Sent: Sunday, September 24, 2006 4:47 .PM To: John Livingstone Cc: dave~saraatoga.ca.us Subject: General Plan update I have recently become aware of the City's General Plan update, in fact according to the Planning Commission Agenda for 9/27, a study session is planned, followed by a public hearing for the consideration of approval of the land use element. have downloaded the Draft Land Use Element, however the proposed egative Declaration and staff report is not included with the agenda .information available to the public. As such. I have several questions for which I would appreciate responses to prior to Wednesday 9/27. 1). When was the General Plan Update initiated? 2) What was the process for public noticing of the project? 3) When and in what format were community input meetings conducted? 4) What is the basis for the adequacy of the CEQA determination for. the project? How will the City comply with CEQA for the General Plan as a complete document? I plan to attend the Planing Commision study session and public hearing, and. according to the agenda the public is limited to 3 minutes of .opening statements. With this time constraint for address to the Planning Commisioners, a timely reply to the issues raised will be appreciated. Please call me if you have any comments or questions to this request. Thank-you, Maureen Hill, Principal Owens Hill Consulting Land Use, Development and Environmental Planning 18813 Aspesi Drive. Saratoga, CA 95070 P. 408-872-0794 F. 408-872-0219 M 408-202-3994 ohillconsulting®comcast.net .., ~, Page 1 of 2 Deborah Ungo-McCormick From: John Livingstone Sent: Tuesday, September 26, 2006 10:27 AM To: Dave Anderson; Deborah Ungo-McCormick Cc: Barbara Powell Subject: FW: count this email as 5 Citizens: OPPOSITION to 2006 GENERAL PLAN voted should wait until after elections! FYI From: Kristin Borel Sent: Tuesday, September 26, 2006 8:00 AM To: John Livingstone Subject: FW: count this email as 5 Citizens: OPPOSITION to 2006 GENERAL PLAN voted should wait until after electionsN! From: K C [mailto:historycalkc@yahoo.com] Sent: Monday, September 25, 2006 11:40 PM ~ To: Kristin Borel; kboyer@saratoga.ca.us; saratogakc@yahoo.com Subject: count this email as 5 Citizens: OPPOSITION to 2006 GENERAL PLAN voted should wait until after electionsN! mount this email as 5 OPPOSITIONS by CITIZENS to 2006 GENERAL PLAN I have_permission from the following people to input their objections about any approval for the 2006 City Council General Plan. (See articles written in Saratoga News Sept 06, and Sept 20, 2006 Stereopticon, written by Willys Peck.) Willys Peck Betty Peck Gerry English, Jenni Taylor-Young Kathleen Casey-Coakley Because not all people have email, letters maybe post marked for today! The date 25 September 2006, which was a date noted in one copy of a general plan, that due date was not clear to many citizens, because many people didn't even know about a NEW GENERAL PLAN! WHY RUSH to A NEW PLAN, when a new council being elected on November 7, which will effect the next council budget! The plan that has been used is dated 1989, realistically Citizens can wait another 6 months, Citizens want to wait! The meeting on 27 September, 2006 Wednesday's planning will have many citizens giving their opposition! -=------------------------------------------------------------------------------------------------------------------ 9/26/2006. .,, ~. The City Council's vote should wait until after~November 7th 2006 elections, and with more CITIZEN INPUT! The New City Council will be there to help decide for Saratogans, with more citizen meetings, and public input, with copies of genera] plan to be placed into the library for review, to review for a much longer period of time. This includes Annexation programs that can cost the next council, Los Gatos did not force annexation! They asked their citizens, and the council actually asked county property owners, if they would like to be annexed! MY OPINION: I would stop annexation just because the long term effect on Saratogas budget will. hurt future needs of Saratogans within the city limits. Being responsible for old county roads, water and sewage can only lead to big expenses!....Any landslide or water supply problems are large ticket expenses, these type of expenses are never ending, with mountain property. I know, Woodside knows, all of Hi-way 9 knows, Prospect Avenue peopl~ know, On Orbit Drive, people know, How expensive landslides are! County will have the money, Saratoga doesn't! THESE City Council needs to tell the public must be completed before any NEW City GENERAL PLAN can be accepted! Kathleen Casey-Coakley Want to be your own boss? Learn how on .Y~l~oo! Small_l3usiness: t Page 2 of 2 9/26/2006 Cynthia Barry 19281 San Marcos Rd. Saratoga, CA 95070 Phone: 908-867-3877 FAX.• 408-867-6024 To: Deborah Ungo-Mccormick Therese Schmidt Wanda Kownacki From: Cynthia Barry Re: General Reactions/Comments to Draft These axe my initial reactions. Please do circulate them to the rest of the committee. 1. Page 3. Introduction. Need different language because. this product is not our 20-25 year vision; it is merely an intermediate step in creating our 25 year vision. 2. Introduction.. Right up front there should be language as to semi-rural character of Saratoga. Don't find the word for 20 pages. 3. Page 10. Need to change "a generous amount of land devoted to parks... to something that reflects our current status of only 40% of recommended and our desire to increase that percentage. 4. Page 11. Vision. Still no "semi-rural character". Seriously inadquate rendition of our existing vision. I think this is extremely serious-Vision statement is our aspiration-this suggests we have none. I hope that is not the City Council's direction! 5. Page 20. I'd recommend including our trees as part of our historic resources-remember the city logo is an Oak tree..See my note on page 27 for protection of our best trees. 6. Page 22. I really object to the absence of a statement that we are committed to redoing the area plans with the required community meetings in the near future. 7, Page 22 forward-I have not read all the crossed out policies-If there are things that are truly omitted in the reworked policy section, these need to be highlighted for us to consider. g. Page 26. If the City Council agreed to allow B&Bs throughout the city in residential areas, would you please give us the citation. I frankly don't remember that happening. 9. Page 26. Goal LU-4 is not strong enough. 10. LU-5: Please refer back to Circulation Element that says development shall be limited where traffic impacts would be adverse. That's not what this update says. 11. LU-5. Please repeat Measure G language when you mention intensification of use. • i. 12. Section called Neighborhood Protection only deals with traffic. l think it should also include neighborhood character: What happened to our whole neighborhood preservation policy??? 13. Page 2'7: Section on Environmental Resource Protection. Like to see something that addresses Saratoga's trees specifically and preservation of native trees and city inventory of very old and very impressive trees of many species. 14. Page 29. Design Review. Need more than a mention. Need to say there are specific guidelines that must be adhered to.. __1$, _ _$ection on_VISION. V4'ho derided._on,_this,.~canty_.product?...What happened to our existing vision. i t .,, .. ~~~EIVFD Cathleen Bo er From: Mary Robertson (robertson.b.m@mindspring.com] CITY OF SARATOGA Sent: Wednesday, September 27, 2006 12:01 PM To: Cathleen Boyer; jilt hunter; Manny_Cappello@amat.com; lindarodgers@msn.com; jhlavaogden@Comcast.net; yanniezhao@yahoo.com Subject: Draft of Land use and Operi Space use. There is a study session occurring tonight of which I will be unable to attend. I am concerned that this draft review process has not been properly noticed amongst other concerns. I do not see the General Plan changes noticed on the home page of Saratoga City Web site. It had not been posted for review at the city's kiosk as well since I understand the review process was to have started in. August. How are citizens supposed to know this is open for study unless they are part of a city wide notification list? Why are the area plans not being reviewed in conjunction with the land use portion at the same time? The land use portion of the G/P refers to them. These are very specific to each area for development and needs. How can a negative declaration be even suggested without defining the area plans again along with the implications for development at various locations. when making these types of changes to the G/P, a negative declaration is unacceptable. Equally, I have similar concerns for the Open Space portion of the General Plan. The wording of Tax Revenues on page 27 is a big concern to me and I fully object to such wording that "that the city could choose to Pass." This appears to take such choice directly out of the hands of the people and I fully object. . • I am also objecting to Page 27, Section titled Master, Plan of Parks and Trails. This section indicates reference made to a Parks and Trails Master plan which refers to a number of specific Methods to expand park and recreation facilities. Claiming a negative declaration to put in this portion of the General Plan while talking about, expanding facilities is unacceptable. This is as good as stating moving from a passive park to an intensified use active park has no impact. This is incorrect and for this reason and more, I am objecting to passage of this Open Space Policy. I addition the strategy of OSC 12.1 is unacceptable as well. Maintaining and increasing our Urban forest is necessary to retain the rural character of the very city we live in. A full design and review process should take place before any project is even considered. An EIR should be conducted as well. Once again, it appears that by adopting the Negative Dec, the city is trying to skirt around all possible EIR issues. This is unacceptable. For these reasons and more, I strongly oppose any adoption of these General Plan changes going forth for study tonight and would strongly and appropriately suggest that this city NOT DO a negative.Declaration and proceed with another form of the EIR.. Why is there such a rush to dump these changes on a new council which should be involved in the process since they will be stuck with the administration of the. G/P changes. Please make sure that my concerns which are too numerous to list are heard by this review board and public present. Respectfully yours, Mary Robertson Saratoga Resident r ~_ 1 ,.~~ /. .. i. Cathleen B From: Sent: To: Subject: • • ~~~~ Barbara Stewart [barbara@barbarastewart.com] ~~~ ~r ` ~ 206 Wednesday, September 27, 2006 12:46 PM Y ~~~ ~A~ATC~A Cathleen Boyer; jhunter95070@yahoo.com; Manny_Cappello@amat.com; `'~-~~ lindarodgers@msn.com; jhlavaogden@Comcast.net; yanniezhao.@yahoo.com Land Use and Open Space Before You This Evening Dear Planning Commission: I understand there is an item before you this evening :regarding changes to the General Plan.. with regard to use of the open space. and density of land use. What methods of noticing were given to us that these items were up for review and how would a negative. declaration possibly be appropriate given the contentious issues within this city. regarding the use of open space and land use? Please table this discussion until appropriate noticing is given and the Saratoga citizens have had a chance to review the impact any decision or change to the General Plan would have on our city. why do we feel that so many things are slipped in under the radar? Barbara Stewart (408) 366-0111 1 ~. To: Saratoga City Council Cc: Duector Community Development City Manager From: Cynthia Barry Wanda Kownacki Co-Chairs General Plan'-Land Use Element Update Committee This letter constitutes a formal notice from the citizen's committee appointed by the Saratoga City . Council in 2004 to update the Land Use Element of the Saratoga General Plan. Our committee declines to sign the land use element update produced by the consultant who was hired by the city to complete that task. An explanation of the committee's decision is presented below. Cynthia Barry, Wanda Kownacki, Mark Weisler, Doug Robertson, Trish Seifer and Tom Marantette were appointed by the City Council in.spring of 2004. Under the direction of Community Development Director Tom Sullivan and staff planner Christy Oesterhaus, the committee was tasked with updating our general plan including consideration of future needs and including an opportunity for Saratoga's twelve neighborhoods (designated as "areas" in the general plan) to meet and update their specific area plans. In 2005 several events occurred that impacted this committee; Tom Sullivan retired, then, in consideration of budgetary and staffing issues, the Council decided to stop staff participation on all committees and decided instead to hire a consultant to complete the update on the land use element. Our committee was asked to contribute to the creation of a Request for Proposal (RFP), one of the committee co-chairs servgd on the selection committee to hire the consultant, and the committee was asked to meet and work with the consultant and a newly hired staff planner, who was assigned to coordinate the creation of the land use update. The committee did all of these things as requested. • In June of 2006, it became cleaz that the work product to be produced by the consultant was very limited in scope and did not fulfill the committee's original mandate. We understand the justification for producing a basic land use element that fulfills the state requirement and improves the city's legal position with respect to clarifying and enforcing our current ordinances and zoning. However, this revision does not represent the work of the committee and,_in our opinion, is not meaningful in terms of providing community input or a shared vision for land use decisions in Saratoga in the coming years. Our committee believes it is particularly important that Saratoga complete a comprehensive and substantive reconsideration of the land use element of our General Plan at this time because it has been over 20 years (1984} since the city last completed an update. After such a long time, the more limited technical and language "fix" does not seem to us to be what is needed, particularly as it does not reflect input from Saratoga's twelve neighborhoods as past updates have done. Therefore, we respectfuIly decline to consider this update a product of our committee, and committee members individually have stated their decision not to have their names associated with the report. The committee strongly recommends that the City move beyond this report to produce awell- .thought-out, comprehensive and up-to-date general plan based on community input. This project should have city staff support and involvement by all segments of We community. We understand that the city is in a period of change and that a new City Council will be seated after the November elections. We encourage consideration of a proposal to conduct a general plan update early in_the tenure of the new council. We believe that some of the current committee members who have researched and written relevant sections of aforward-thinking land use update would be willing to participate in that project. We thank you for your consideration of this letter. • • t Page 1 of 1 .,.., • Cathleen Boyer From: VFitch1181 @aol.com CITY Cyr 5YRf~: i UvA Sent:. Wednesday, September 27, 2006 12:54 PM To: robertson.b.m@mindspring.com; Cathleen Boyer; jhunter95070@yahoo.com; Manny_Cappello@amat.com; lindarodgers@msn.com; jh-avaogden@Comcast.net; yanniezhao@yahoo.com Subject: Re: [KMP-Neighbors) Draft of Land use and Open Space use. Since on such short notice I am unable to attend this meeting, I wish to adopt the letter sent by Mary Robertson as my own and request that the Council note my objections as noted in her letter. Thank you. Valerie Fitch Viewoak Drive 9/27/2006 .~. f. Cheriel Jensen 13737 Quito Road, Saratoga, CA 95070 379-0463 September 26, 2006 Saratoga Mayor and City Council Members Saratoga Planning Commission Saratoga City Hall 13777 Fruitvale Saratoga, CA 95070 Dear Mayor, Council Members and Commissioners, The proposed Draft Land Use Element the proposed Open Space/Conservation Elements must be reworked to restore the policies of our General Plan. MISSING POLICIES: The POLICIES of the current General Plan Land Use Element and Open Space/Conservation Elements have been reworded and turned into STRATEGIES. But nowhere in General Plan law or the General Plan Guidelines are there STRATEGIES. Attached pages from the General Plan Guidelines show POLICIES are essential. Policies are the heart of the authority of the General Plan: "A policy is a specific , statement that guides decision-making. It indicates a commitment of the local agency to a particulaz course of action." (General Plan Guidelines, P. 1 S) The proposed Draft Land Use Element and the proposed Open Space/Conservation Elements, through rewording, effectively cancels'out these General Elements by canceling out the policies. "An implementation measure is an action, procedure, program or technique that carries out general plan policy. Each policy must have at least one corresponding implementation measure." (General- Plan Guidelines, P. 16) Combining policies and implementation into "strategies' is not proper. Without proper Land Use, Open Space and Conservation Elements, no development can conform to the General Plan and therefore cannot be approved. PUBLIC PARTICIPATION: The General Plan Guidelines specify a public participation process. The General Plan Land Use Element Advisory Committee met for two years and in the end advised against the proposed Draft Land Use Element prepared by consultants. There is an assumption that public participation means actually listening to the public, especially those who have an official role and who have invested two years in the.process. Surprisingly, the staff has brought the rejected Draft to the Planning Commission. The Planning Commission has no Environmental Impact Report and no agreed upon document to review. • ~J ENVIRONMENTAL IMPACT REPORT: If the proposed Draft Land Use Element is to be considered by the Planning Commission, a proper Environmental Impact Report must be prepared so the Planning Commission has a proper basis to evaluate it. If the proposed Draft Land Use Element and Open Space/Conservation Elements are. assumed evaluated in an older Environmental Impact Report or Reports, those reports should be brought forward to the Planning Commission so a proper environmental review can be done. If"strategies" are not reworded to restore "policies and implementation," the loss of our policies is certainly subject to an Environmental Impact,Report for that reason alone. Assuming this mistake will be swiftly corrected, an Environmental Impact Report, either a new or an older applicable report is still necessary. The proposed language-says: "All uses or their expansions, including building. intensity, are evaluated through the use permit process and must comply with criteria indicating their compatibility with adjacent uses." (Draft LUE, P. 14) But this is a backwards process. The Environmental Impact Report should be done at the first stage of a project. "CEQA Guidelines § 1 S 126 specifically requires that an EIR, including a general plan EIR, address feasible alternatives that will reduce or avoid one or more of the significant effects associated with the proposed plan. The EIR must also analyze the "no project" alternative." (General Plan Guidelines; P. 43) There have been significant additions to the potential for densification since the last General Plan Revision. The Draft Land Use Element includes additional significant potential for growth, especially with the Abrams property changes. An Environmental Impact Report is the only honest way to assess these proposals. The proposed Draft Land Uses Element and Draft Open Space/Conservation Elements cannot rely on an EIR that does not exist. The impact of the freeway is now more. evident and it is clear it's Environmental Impact Report failed to honestly report the impacts it has had on our traffic flow, air quality including vastly increased particulates, noise levels, and growth inducing impact. The Draft Land Use Element proposes to designate the freeway corridor with no limitations on additional lanes. A Negative Declaration is therefore not appropriate for this reason. Incomplete information: "Solid policy depends on solid information. The analysis of data collected during the planning process provides local officials with the knowledge about trends, existing conditions, and. projections that they need to formulate policy." (General Plan Guidelines, P. 15) Also see General Plan Guidelines, P. 136-141 and 201-204 and P. 240 attached. "The planning staffmust distill the mass of raw data that has been collected during the early :stages of plan preparation into usable form. The analysis of data serves as the bridge of logic from raw data to policy." {General Plan Guidelines, P. 42.) - Z-. .~i /'• re an assessment of undevelo d land that can be develo ed under the Nowhere is the pe p Land Use Plan proposal, land that can be redeveloped for different uses or densities (for example, land that masquerades as Commercial Retail but is actually half high density residential}, and land built at the uses allowed but not built at the densities or intensities allowed. How can the environmental aspects of development be evaluated if the vacant or underdeveloped land is not mapped nor quantified? How. much of the remaining land is flood plane, how much is landslide, how much is fault zone, how much is too steep or potentially unstable to build roads? How do these factors effect development potential under the existing policies? The Planning Commission and the public were recently surprised to see the three story proposal that would completely change the character of and intensity in the village, but the current plan apparently now allows such massive changes that have never been addressed in an EIR. How many.more dwelling units could be added in ow commercial areas under the 50% residential in commercial policy? How many dwelling units could be added to ow residential areas with the granny unit policy? What, does this mean for traffic congestion, noise, and aquifer recharge? Where is the EIR that assesses these impacts? I Nowhere is there an assessment of the extent of the reliable water supply or the integrity of local collection .and aquifer recharge system essential to ow water availability as densification and land coverage increases. The capacity of the sewage treatment plant we depend on and the need for and its potential for expansion due to designated land uses is not discussed. Nowhere is there assessment of the quality of ow air, what steps can be taken to improve ow air and how the options for intensification and congestion built into the Draft Land Use Element will impact ow air. Nowhere is there assessment of the impact of global warming on ow city and ow well being and what approaches can be taken to do ow part to reduce greenhouse gasses. Nowhere is there discussion of the impact of noise on land uses, and the failwe to protect 1/3 of ow city from. Highway 85 noise levels that exceed stale and our own general plan standards for residential land uses. There is no linking of land uses with the status and capacity of the roads in Saratoga or en-route to job centers of the San Francisco Bay Area. For example, the Abrams property is proposed to be designated Commercial Retail (currently Professional Office) without any analysis of the current traffic in that area now, at times, completely impacted with traffic from the freeway on and off-ramps Nowhere is the population or its characteristics, household size and composition discussed either current or as the population ages. • 3 ., .. The Draft does not explain that Saratoga does not create any significant housing demand, but instead fills demand caused by the industrial land uses in other parts of Santa Clara County and the San Francisco Bay Area. Nowhere is there a discussion of the steps that, have been taken to honor ow history on the ground, such as preserving significant historical structwes and trees, how permitted land use densities influence and impact- these and how the Draft Land Use Element should account for and protect these values. "Data collection, data analysis, and special studies should be coordinated with the needs of the CEQA document being written for the plan. In the interest of efficiency, data- collection and analysis should be comprehensive enough to satisfy the needs of both the CEQA document and the general plan. For instance, the traffic analysis prepazed for the land use and circulation elements must be complete enough to allow for the evaluation of alternative plans, the final plan, and the project alternatives discussed in the general plan's final EIR." (General Plan Guidelines, P. 42) Alternatives to the proposals, as required by CEQA are nowhere to be found Assessment of the state of our riparian corridors, ow flora and fauna and the role of flora in moderating ow temperatwe, energy dependence, air quality or other well being is nowhere-to be found The Abrams site has been proposed for redesignation to Commercial Retail from Professional Office. The site is big enough that the Commercial Retail designation could easily mean abig-box warehouse-scale development, especially when the potential for 50% of the site under the proposed Commercial Retail designation could be high density, residential. Such a facility in that location would be completely out of character with Saratoga, violating ow primary goals, making our general plan internally inconsistent. MISSING LAND USE DESIGNATION: Missing from the land use designations is an equivalent to the County's Hillside designation. The county Hillside designation is not a residential land use designation and the densities permitted for land divisions are far lower than any land use designation the city has. Yet the introduction states that all county land within ow sphere of influence is slated to eventually be incorporated into ow city. Without an equivalent city. land use category designation, and application to these Hillside areas, the potential for growth of residential land uses in the steep, unsuitable hillside areas is increased. ~ Without such a designation to protect the hillsides, the Environmental Impact Report should address these hillside areas and their potential for development. A recent Santa Cruz court case made it clear that a jurisdiction can rule out logging in its hillsides by General Plan designation. Because the watershed is so critical and fragile the hillside land use category should also include a prohibition on logging. • ~t • • CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, October 25, 2006 - 5:00 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 #06-118 HASHEMIEH/SARNAVESHT Canyon View Drive 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 a fact-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. • s Pi!//77127l~; CO)77nttssrora StG(~l' S('SSIOit A-IE'71ROrQi1[Jtll11 1 Desi~,>n IZe~~iei~~ Uri-3~1', 136!)1 Suratc~gu.97~c~ttue~ PLANNING COMMISSION STUDY SESSION MEMORANDUM TO: Planning Commission FROM: John Livingstone, AICP, Community Devel pment Director~•~~ Lata Vasudevan, AICP, Senior Planner MEETING DATE: October 25, 2006 SUBJECT: Canyon View Drive @ Fourth Street (no address); Design Review and Variance Application #06-118 (APN 503-28- 008); applicants - Hashemieh and Sarnavesht STUDY SESSION REQUIREMENTS: The Study Session 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 meeting. During the Study Session, 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. No comments made during the Study Session 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. RECOMMENDATION: That the Planning Commission review the proposed design of the home and provide input to the property owner and architect. PROPOSED PROJECT: This application was submitted on September 22, 2005 and proposes to construct an approximately 3,880 square foot two-story home with a daylighted basement on a steep vacant lot on Canyon View Drive. The average slope of the 32,670 square foot lot is 39.7% and the lot slopes downward toward Canyon View Drive. Pursuant to City Code Section 15-12.061, the average slope beneath a structure shall not exceed 30% slope. Therefore, in addition to Design Review approval, the applicant is requesting approval of a Variance as specified in City Code Section 15-12.061(a). • Planning Go~nneissiori Starrlt~ Session Adcmoranclun~ 2 Design Rei~ie~~~~ U6-~?~l?, !3601 Sur'atogu .=1 i-ertuc~ The design shown in the attached plans have been revised since the original submittal based on Staff's concerns regarding the bulk of the.proposed home. The style of the home appears to be in a modern Mediterranean style with a flat roof, terraced floor levels and stucco siding. Retaining walls are proposed in the front yard to accommodate a circular driveway. The proposed landscape plan shows more retaining walls in the rear yard area forming terraces behind a swimming pool area. This project requires deep excavation into the existing hillslope. The attached plans indicate a grading amount of 2,000 cu. yd. Staff estimates that the proposed grading may be approximately 6,000 to 8,000 cu. yd. The applicant's architect has acknowledged that this amount is significantly lower than what is shown on the plans and will provide a corrected amount in time for the actual Study Session. Staff has expressed to the applicant concerns regarding the grading quantities and perhaps reducing the amount of grading for the rear yard. Arborist Report In summary, the City Arborist Report dated October 3, 2005 states that nine trees are in direct conflict with the project. Given the species, size and/or overall condition of the trees, the City Arborist has recommended allowing their removal with mitigation by planting replacement trees equivalent to the combined appraised value of $2,430. Geotechnical Review This application has undergone significant geotechnical peer review given the characteristics of the subject lot. Geotechnical Clearance with conditions was granted by the consulting City geotechnical engineer on May 4, 2006. Neighbor Notification Staff has requested that the applicant obtain completed neighbor review forms from adjacent property owners. Applicant has indicated to Staff that attempts to contact neighbors have been made with no success. Public Noticing Notice for this Study Session has been posted. STUDY SESSION DISCUSSION: Staff recommends the Planning Commission provide the applicant with comments concerning the following: • The Design Review Findings as they relate to this proposed design. • Variance Findings as they relate to the grading and construction of the proposed home on a slope that exceeds 30%. Plonnireg Gornntissinrr Starrly Session A-lernorandune 3 laesign RG'VIL'7V O~-~?~', 1360/ Saratngcr.~ii~ettuc~ ATTACHMENTS: 1. City Arborist Report dated October 3, 2005 2. Reduced Plans • • • Attachment 1 , i 1- • `~`::, q = ARBOR RESOURCES Professional Arboricz~ltural Consulting & Tree Care A TREE INVENTORY AND REVIEW OF A PROPOSED NEW RESIDENCE AT 8 CANYON VIEW DRIVE SARATOGA, CALIFORNIA OWNER'S .NAME: Hashemieh & Sarnevesht APN #: 503-28-008 APPLICATION #: 06-118 Submitted to: • Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: David L. Babby, RCA , Registered Consulting Arborist #399 Certified Arborist #WE-4001A October 3, 2005 P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@comcast.net Phone: 650.654.3351 • Fax: 650.240.0777 •. Licensed Contractor #796763 David L. Babby, Registered Consulting Arborist October 3, 2005 INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with the proposal to construct a residence on a vacant lot at 8 Canyon View Drive (Canyon View Drive at 4`~ Street), Saratoga. This report presents my findings and recommendations. Plans reviewed for this report include Sheet G&D-1 (Grading and Drainage Plan by ADCO Engineering, dated 9/15/05) and Sheets L-1 and L-2 (Landscape Plans by HLD Group, dated 9/05). The trees' locations, numbers and approximate canopy dimensions are presented on an attached copy of Sheet L-1 (Landscape Site Plan). The trees are sequentially numbered from 1 thru 22 and are identified on site by numbered ribbons attached to the canopies or trunks. Please note that this report includes only those trees deemed to be of Ordinance-size. In doing so, the numbers shown on Sheet L-1 do not reflect those within this report. FINDINGS There are 22 trees inventoried for this report that are regulated by City Ordinance and exposed to potential impacts during site development. They include nine Coast Live Oaks (#2, 8, 9,.12-16, 19); six Monterey Pines (#10, 11, 17, 18, 21, 22); two Olive trees (#3, 4); and five fruit Trees (#1, 5-7, 20). Specific data compiled for each is presented on the attached table. Trees #2, 11, 13-15 and 21 are not, presented on the proposed plans and must be added. Their locations as presented on the attached map are approximate and should not be construed as being surveyed. The proposed design requires the removal of nine trees that include #1, 3-8, 19 and 20. Given their species, size and/or overall condition, I recommend their removal be permitted for development and .mitigation include the installation of trees (of native origin). equivalent to their combined appraised value of $2,430. By implementing the proposed design, tree #22 would be severely damaged and expected to decline. As this tree is situated on the neighboring property and appears worthy of retention, revisions to the grading design are necessary to achieve a reasonable assurance of its survival. In doing so, I recommend the wall is established at least 12 feet from its tree's trunk to allow a 10-foot minimum setback from its trunk for any soil cuts or disturbance. The bond amount required for adhering to the recommendations presented in this report is determined to be $13.990.1 ~ This amount represents the combined value of trees being retained and is calculated in accordance with the Guide for Plant Appraisal, 9'ti Edition, published by the International Society of Arboriculture (ISA), 2000. Hashemieh & Sarnevesht Property, 8 Canyon View Drive, Saratoga rage ~ o~ 4 City of Saratoga Community Development Department • • David L. Babby, Registered Consulting Arborist October 3, 2005 RECOMMENDATIONS All recommendations presented below are intended to serve as measures to mitigate the foreseeable impacts to Ordinance-sized trees on site and adjacent properties. They should be carefully followed and incorporated into construction plans. Should the plans be revised, the recommendations may require modification. Design Guidelines 1. The trunk locations and canopy dimensions of trees #2, 11, 13-15 and 21 should be surveyed and presented on Sheets G&D-1 and L-l. Additionally, trees being retained should be shown on Sheet L-2 (Proposed Landscape Plan). 2. The numbers assigned to trees within this report should be shown on the aforementioned plans. I also recommend the `Existing Tree Legend' presented on Sheet L-1 is either omitted or revised to reflect information presented on the attached table. 3. The proposed retaining wall beneath tree #22's canopy shall be revised so no grading or trenching occurs within 10 feet from tree #22's trunk. In doing so, and to comply with the following recommendation, the wall should be established at least 12 feet from the trunk. 4. The proposed retaining walls within 10 feet of tree #2 and 12 feet of tree #22 should require no more than atwo-foot overcut for drainage purposes. The drainage design for the project, including downspouts, must not require water being discharged beneath the canopies or towards the trunks of retained trees. Additionally, swales, drain lines and dissipaters should be established outside from the designated fenced areas presented on the attached map. 6. All underground utilities and services should be designed outside from beneath the canopies of retained trees. I should be consulted in the event this is not possible. 7. Plans for landscaping the backyard should be reviewed for tree impacts prior to implementation. 8. This entire report should be incorporated into the set of final building plans and be titled Sheet T-1 (Tree Protection Instructions). Additionally, the Site Plan should show the location of protective fencing as identified on the attached map. 9. The notes shown on Sheet G&D-1 should be revised, if needed, to conform with recommendations specified within this report. 10. The scale presented on Sheet G&D-1 slightly differs from its reported scale of 1"=20'. The plan should be adjusted accordingly. Hashemieh & Sarnevesht Property, 8 Canyon View Drive, Saratoga Page 2 of 4 City of Saratoga Community Development Department David L. Babby, Registered Consulting Arborist October 3, 2005 11. Mitigation for the removal of trees #1, 3-8, 19 and 20 shall include the installation of new trees approximately equal to their combined appraised value of $2,430, which is roughly equivalent to six trees of 24-inch box size. Replacement tree values are presented on the bottom of the attached table. Acceptable replacement species include Quercus agrifolia, Quercus lobata, Quercus kelloggii, Quercus douglasii, Quercus dumosa, Acer macrophyllum, Aesculus californica, Pseudotsuga menziesii and Sequoia sempervirens. The trees should be planted prior to final inspection and, as necessary for support, be double-staked with rubber tree ties. Irrigation should include a drip or soaker hose system placed on the soil surface and not in a sleeve. 12. The following additional recommendations should be incorporated into the landscape design: a. New plant material should be avoided or limited towards the outer portion of the area beneath the trees' canopies; it should comprise no more than 20-percent of the canopy area. Plant material installed beneath the Oak canopies shall be drought- tolerant and compatible with Oaks. b. Irrigation should not spray beneath the Oak canopies or within five feet from the trunks of all other trees. c. .Any trenching for irrigation, lighting, plumbing lines or drainage should be designed beyond the trees' canopies. If irrigation or electrical lines for lighting are designed inside this distance, the trenches should be in a radial direction to the trunks and established no closer than three to five times the diameter of the nearest trunk; if this not be possible, the lines can be placed on top of existing soil grade and covered with wood chips or other mulch. d. Stones, mulch or other landscape features should be at least one-foot from the trunks of retained trees and not be in contact with the trunks of new trees. e. Tilling beneath the canopies must be avoided, including for weed control. f. Bender board or other edging material proposed beneath the trees' canopies should be established on top of existing soil grade. Protection Measures during Demolition and Construction 13. Tree protective fencing shall be installed precisely as shown on the attached map and established prior to any demolition, grading, surface scraping, construction or heavy equipment arriving on site. It shall be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection.- 14. Unless otherwise approved, all construction activities must be conducted outside the designated fenced areas (even after fencing is removed) and outside from beneath the canopies of Ordinance-sized trees not inventoried for this report. These activities include, but are not limited to, the following: demolition, grading, surface scraping, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. • Hashemieh & Sarnevesht Property, 8 Canyon View Drive, Saratoga Page 3 of 4 City of Saratoga Community Development Department David L. Babby, Registered Consulting Arborist October 3, 2005 15. Each recommendation. presented within the `Design Guidelines' section shall be followed. 16. All approved grading and trenching beneath a tree's canopy shall be manually performed using shovels. Roots encountered during the process shall be cleanly severed on the tree side of where the cut occurs; roots with diameters of two inches and greater shall be wrapped in a plastic sandwich bag that is sealed with a rubber band: In the case of any approved trenching, roots two inches and greater in diameter should be retained and tunneled beneath. 17. Tree pruning must be performed under the supervision of an ISA Certified Arborist and according to ISA standards. Information regarding Certified Arborists in the area can be obtained at http: //www. isa-arbor. com. 18. Throughout construction during the dry months of April thru October, supplemental water should be provided to trees #2, 21 and 22 every two to three weeks. In doing so, I suggest 10 gallons of water per inch of trunk diameter is supplied to the soil areas beneath the trees' canopies through low pressure soaking (the water should not be poured against the trunks). 19. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. In addition, fuel should not be stored nor shall any refueling or maintenance of equipment occur within 100 feet of the trees' trunks. 20. Herbicides should not be applied beneath the canopies of retained trees. Where used on site, they must be labeled for safe use near trees. Attachments: Tree Inventory Table Site Map (a copy of Sheet L-1) • Hashemieh & Sarnevesht Property, 8 Canyon View Drive, Saratoga Page 4 of 4 City of Saratoga Community Development Department TREE INVENTORY TABLE ^ o: ^ a. ~:; ~ Y 3 c c :~~ `" a G3 ~'~` o ~ ~ ~ ~ '~ 'a ~ •a ~ ~ w ~ '^ a ~ Q f y i ;d - - ~ ' o ~ "ow ~ ~~ g~ ~~ ~ ~ ~~ ~ ~~ ~ s TREE c '~°' ~ ~°` ~'~' ~ ~ ~ ~ ' ~ ' ~ ~ N '~ _ n. Q ° ~ o h a ~ - ~ Z t~ NO. TREE NAIv1E E~ C7 w w ~: x..:. ~ O - ; ar .... :. a a . Flowering Plum i (Prunus cerasifera) ~8, 6, 5 25 30 50% 25% Poor Low - X $240 Coast Live Oak 2 (Quercus agrifolia) ~8 20 20 75% 25% Fair Low 2 - X X $410 Olive Tree 5, 4, 3 3 (Olea europaea) (3), 2, 2 20 30 100% 25% Fair Low - X $500 Olive Tree mu16- 4 (Olea europaea) stem 20 20 100% 25% Fair Low - X $500 Flowering Plum multi- 5 (Prunuscerasifera) stem 15 20 25% 25% Poor Low - X $0 Flowering Plum multi- ( (Prunus cerasi era) stem 20 15 25% 25% Poor Low - X $0 Apricot (Prunusarmeniaca) ~14 IS 20 25% 0% Poor Low - X $0 Coast Live Oak (Quercus agrifolia) --6 20 15 100% 50% Good High - X Coast Live Oak 9 (Quercus agrifolia) ~14 20 20 100% 100% Good High 3 - $3,580 Monterey Pine 10 (Pinus radiata) -19 45 30 SO% 75% Fair Low 4 - X $630 Monterey Pine 11 (Pinus radiata) ~22 50 40 50% 75% Fair Low 4 - X X $840 Coast Live Oak 12 (Quercus agrifolia) --12 35 35 75% 100% Good High 4 - X $2,260 Coast Live Oak 13 (Quercus agrifolia) ~8 25 15 100% 75% Good High 5 - X $1,040 Coast Live Oak 14 (Quercus agrifolia) --9 25 15 100% 75% Good High 5 - X $1,300 Coast Live Oak --4, 2.5, 15 (Quercus agrifolia) 2.5 10 10 100% 50% Good Moderate 4 - X $370 REPLACEMENT TREE VALUES 15-gal Ion = $120 24-inch box = $420 36-inch box = $1,320 48-inch box = $5,000 52-inch box = $7,000 72-inch box = $15,000 Site: 8 Canyon mew Drive, Saratoga Prepared for: City of Saratoga Community Development Depart Prepared by: David L. Babby, RCA 1012 10/3/2005 • s~ Coast Live Oak 8,7,6, 16 (Quercus agrifolia) 5,4,3 15 20 100% 25% Fair Low 3 - $2,150 Monterey Pine 17 (Pinus radiata) --13 40 35 75% 100% Good High 4 - X $420 Monterey Pine 18 (Pinus radiata) ~12 40 25 50% 75% Fair Moderate 3 - X $260 Coast Live Oak ~6, 5, 3, 19 (Quercus agrifolia) 3 15 30 100% 25% Fair Low - X $640 Flowering Plum multi- 20 (Prunus cerasifera) stem 20 25 50% 25% Poor Low - X $0 Monterey Pine 21 (Pinus radiata) ~12 30 30 100% 75% Good High 3 - X X $360 Monterey Pine 2 (Pinus radiata) -13 35 35 75% 75% Good High 1 - X $370 TREE INVENTORY TABLE _ ~~ ~ ~ G o ~ a ~, ~ ~ ~ ,._, ~ ~..i Q `--' C1~ G for ~+ to ^ O . ` cUd ~ ~.U U ~ cd 4 , G E ~ ' ~ ~ p ~ ~ ~~ o > '~ °~ ~ a ° ; o ° c p TREE NAME: E- L7 w . - w ~ . x.... v,...:.; O ~ ~ ~ '~ w :~ a. s z E/ REPLACEMENT TREE VALUES I 15-gallon= $120 - 24-inch box = $420 36-inch boz = $1,320 48-inch box = $5,000 52-inch box =-$7,000 72-inch box = $15,000 Site: 8 Canyon mew Drive, Saratoga Prepared for: City of Saratoga Community Development Depart Prepared by: David L. 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Santa Cruz Avenue, os, CA 95030 (408) 354-9509, Faz N~.9040 POF created with pdfFactory trial version xwv.adftactod.com CITY OF SARATOGA PLANNING COMMISSION • AGENDA DATE: Wednesday, October 25, 2006 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Joyce HIava, Jill Hunter, Robert Kundtz, Susie Nagpal, Yan Zhao and Chair Linda Rodgers PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of October 11, 2006 ORAL COMMUNICATION: 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 DIItECTION TO STAFF: REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 19, 2006. REPORT OF APPEAL RIGHTS: If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR: - None PUBLIC HEARINGS: All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #07-073 (503-13-067) HO, Mount Eden Road south of Villa Oaks Lane: Request for Extension of Tentative Map and Use Permit approvals granted by the Planning Commission on October 27, 2004. The Tentative Map and Use Permit approvals expire 24 months from this date. The applicant was granted Tentative Map and Use Permit approvals to subdivide a 29.28-acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul- de-sac. The property has a General Plan designation of RHC -Hillside -Conservation and is zoned HR =Hillside Residential-District: (Lata Vasudevan) 2. APPLICATION #06-214 (503-24-034) GRAFF (CONOCO PHILLIPS/TOSCO MARKETING), 14395 BIG BASIN WAY; -The applicant requests approval and a variance to construct an illuminated V~, _... _3Y~ ._ freestanding gasoline price sign. The site is located in the Commercial Historic (CH-1) zoning district. Sign permit approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15- 30.060. (Suzanne Thomas) 3. APPLICATION #06-215 (366-22-023) GRAFF (CONOCO PHILLIPS/TOSCO MARKETING), 12015 SARATOGA-SUNNYVALE ROAD; -The applicant requests approval and a variance to construct an illuminated freestanding gasoline price sign. The site is located in the Commercial-Neighborhood (CN) zoning district. Sign permit approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-30.060. (Suzanne Thomas) 4. APPLICATION #07-096 (517-22-003) COYOTE PROPERTIESBORELLI, 20200 HILL AVENUE; - The applicant requests approval for modification to approved landscape plans. The site is located in the R- 1-40 zoning district. Approval for modification of plans that have been previously approved by the Planning Commission is required pursuant to Saratoga Municipal Code Section 16-OS-035. (Suzanne Thomas) APPLICATION #06-243 (517-09-026) RATRA, 14505 OAK STREET; -The applicant requests Design Review approval to construct a new two-story single-family dwelling. The dwelling will consist of approximately 2,872 square feet, including a garage approximately 433 square feet in size. The height of the structure will not exceed the 30-foot height limitation. The site is located in the R-M-3,000 zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-45.060. (Shweta Bhatt) • 6. APPLICATION #06-365 (503-69-028) GULDIMANN, 21891 VIA REGINA; -The applicant requests Design Review approval to construct a new second dwelling unit. The dwelling will consist of a basement and an above grade garage. The site is located in the Hillside Residential (HR) zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15- 45.060. (Shweta Bhatt) DIRECTORS ITEM: - None COMMISSION ITEMS: - None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, November 8, 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 October 19, 2006 at the off ce 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 plannin~(a~saratoga.ca.us • 099'~r MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, October 11, 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. She announced that the Commission is reconvening following a Study Session held on October 10, 2006. ROLL CALL Present: Commissioners Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao Absent: None Staff: Director John Livingstone, Associate Planner Lata Vasudevan, Associate Planner Therese Schmidt and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of September 27, 2006. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission minutes of the regular meeting of September 27, 2006, were adopted with edits to pages 17,25, 29, 31, 32 and 35. (7-0) ORAL COMMUNICATION Ms. Kathleen Casey: • Asked for an explanation of what a heritage lane is. What are the restrictions? What happens in general? • Explained that she has a letter from the Saratoga Union School District Board of Trustees requesting additional information. • Said that she would like to get a lot more heritage lanes going in the future through the Heritage Preservation Commission. Commissioner Hunter asked Director John Livingstone if staff could provide Ms. Casey with a definition of what a heritage lane designation means. Director John Livingstone replied that the Code is specific. It was amended for Austin Lane to be less specific. He said that Chapter 13 has the specific explanation of heritage lanes. Saratoga Planning Commission Minutes for October 11, 2006 Page 2 ORAL COMMUNICATIONS -PLANNING COMMISSION DIRECTION TO STAFF Commissioner Hunter suggested that Director John Livingstone simply answer the phone when Ms, Kathleen Casey calls so she can advise the School Board. Director John Livingstone recommended that the School District contact him directly. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 5, 2006. REPORT OF APPEAL RIGHTS Chair Rodgers announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #07-082 Citywide, The City of Saratoga is proposing to amend the Land Use Element, amend and combine the Open Space and Conservation Elements, and amend the General Plan Land Use Map of the City's General Plan. As part of this proposal a Negative Declaration will be considered. This item is to be continued. (Therese Schmidt) City Attorney Jonathan Wittwer provided the staff report as follows: • Explained that one part of the General Plan Amendment deals with 11 specific parcels. The intent is to bring the Land Use4 and Zoning designations into consistency. • Added that there is now a new urgency in this action as Proposition 90 is on the ballot. It has language that could result in additional cost to the City if the 11 parcels are not dealt with by the end of the year. • Suggested that this part of the update be agendized, as staff would like to get on path to get this completed by the end of the year. Proposition 90 will have an impact on Land Use regulatory authority. • Said that Director John Livingstone can explain the timing to do that. • Suggested that a discussion of the process be held since it is already on tonight's agenda. • _ Commissioner Nagpal asked how many General Plan Amendments are left for this year. Saratoga Planning Commission Minutes for October 11, 2006 Page 3 . Director John Livingstone replied that one was used for the North Campus and there are three left. City Attorney Jonathan Wittwer advised that the 11 parcels could be treated as one. Commissioner Nagpal reminded that none of these 11 parcels would have an increase in intensification. Director John Livingstone: • Advised that staff is recommending, that the 11 parcels be brought forth at the Planning Commission meeting on November 8th. • Pointed out that at the Study Session it was said that the process could be discussed at tonight's meeting. • Said that if the 11 parcels are agendized for November 8th, a notice will go out for that. • Added that the Land Use Element should go to public hearing. For that, 4,000 notices will be sent out. This could be done at the November 8th meeting as well. If after testimony is taken the Commission decides it wants more discussion, the Land Use Element could be taken to another Study Session. • Reminded that the Open Space Element was not gotten to at last evening's Study Session. Chair Rodgers said that this is despite the fact that the Study Session ran for four hours. Director John Livingstone: • Suggested that the Open Space Element be advertised for an October 24th Study Session. There can be a discussion about breaking the Open Space Element out into different segments or considering all of it at the same meeting. • Said the process for the Open Space Element could. go from the Study Session on October 24th to a Planning Commission public hearing on November 8th. and, if necessary, to a continuance to allow further study. • Suggested that all parts could be advertised for November 8th with the understanding that any portion that is not ready for action could be continued. This could keep the Land Use and Open Space Elements going forward. Chair Rodgers said this appears to be a three-part process. The first step is the 11 ~arcels with the corresponding Negative Declaration that could be agendized for November 8 The public hearing for the Land Use Element and the corresponding Negative Declaration would be next. A Study Session on the Open Space Element can occur on October 24th and noticed for public hearing before the Planning Commission on November 8th with the corresponding Negative Declaration. Director John Livingstone said that if the 11 parcels are discussed at the November 8th Planning Commission meeting the issue could be forwarded to Council at its December 20th _ meeting. This would meet_ the end of year deadline prior to the potential implementation of Proposition 90. ~ Fie said that the other finro Elements, the Land Use and Open Space Elements, could or could not go forward. He said even if the Open Space Element is noticed Saratoga Planning Commission Minutes for October 11, 2006 Page 4 for November, 8th, it could be continued to the December Planning Commission meeting or • thereafter. Commissioner Nagpal asked Director John Livingstone if there is anything substantive on the November 8th agenda. Director John Livingstone advised that there are two items that are not very controversial. Commissioner Hlava asked if the City is under the gun, as far as the State is concerned, with the whole General Plan Update or is it mostly just the Land Use Element. Director John Livingstone said that there are two different concerns with the whole General Plan as a whole, one being the Attorney General's letters. He added that there might be a new Attorney General in office after the election. He said that the second part is Proposition 90 going forward that will make parts of the Update difficult to do. Commissioner Hunter said that a new Attorney General would have so many things to get used to. She said that Saratoga's General Plan would not be a priority for a new Attorney General. Chair Rodgers cautioned that a new Attorney General would want to get things done as soon as they can. Commissioner Hlava: • Said that she is ambivalent. • Stated that she is okay with scheduling the 11 parcels for November Stn • Agreed that if Proposition 90 passes it would be bad. It will be very difficult for cities if it passes. • Added that she is. not opposed to having a Land Use Element public hearing and pointed out that lots was accomplished at last evening's Study Session. • Pointed out that if a huge noticing is done, lots of people interested in the Land Use Element would also be interested in the Open Space Element. Commissioner Nagpal said that advertising all three parts is an option. This way the public gets awareness of the process and is. able to give testimony. She suggested putting all three parts on the November 8th agenda. There is always the option to continue any one of them. Director John Livingstone reminded that at the Study Session it was the consensus of the Planning Commission to take one of the larger sites, the Abrams property, which is also known as the pumpkin patch site, out of the mix. He asked if the notification of that neighborhood should also come out? Commissioner Hunter said that it should be pulled out because it would complicate the issue. Commissioner Hlava agreed. Saratoga Planning Commission Minutes for October 11, 2006 Page 5 Commissioner Cappello said if so there would be no testimony from this part of the community. Commissioner Hlava said that this testimony would come at a later time when this property is handled separately. Commissioner Hunter said that this property (Abrams) is a huge issue for all of Saratoga. Commissioner Cappello agreed and said he would personally like to get public testimony on it. Commissioner Hunter: • Said that when working on a General Plan Update it is important to get as much public input as possible. • Stated that the City needs as many meetings as it can so that more people can participate. • Cautioned that fewer members of the public may be available with the holiday season coming up. Commissioner Kundtz: • Said that he sees this as four issues. The pumpkin patch, the North Campus parcel, the Land Use Element and the Open Space Element. • Stressed that the Commission will not get through all of these items in one night. • Suggested that the Commission be realistic on what it calendars for November 8th. -said that he would like to hear comments and in ut from the Abrams Commissioner Zhao s p area community members. Chair Rodgers suggested including three items on November 8th, the 11 parcels, the Land Use Element and the Open Space Element. The Abrams parcel would be handled at a later date. Commissioner Nagpal agreed that it would be awkward to bring the Abrams property back in when the Planning Commission said to take it off. Chair Rodgers opened the Public Hearing for Agenda Item No. 1. Ms. Kathleen Casey: • Thanked the Commission for its four-hour Study Session last evening. • Explained that as she was at the School Board meeting that evening she missed the first part of this Study Session. • Said that the process is being rushed and that a lot of people will speak out against rushing a decision. • Said that the City should get an extension from the State. • Expressed appreciation for the time spent by the Planning Commission. • Cautioned that the holidays will be here and a new Council is pending. • Stated that she wants to see pictures of the 11 sites and a draft of the proposed update on those parcels. Saratoga Planning Commission Minutes for October 11, 2006 Page 6 • Said that she saw confusion at the Study Session. • Predicted that Jerry Brown will be the next Attorney General and he will not rush Saratoga. • Said that many of the 11 parcels are larger and that many people like larger parcels. • Asked that a copy of the old plan be marked up with the proposed changes. • Stated that Saratogans are not in a rush, they really are not. Mr. Alan Giberson, Glen Una Drive, said that he agrees with Ms. Casey's comments. Said that this should be continued and that an Environmental Impact Report (EIR) may be required. Commissioner Nagpal pointed out to Mr. Alan Giberson that a public hearing is the means of getting public input, as Study Sessions are not noticed to the public. Mr. Alan Giberson said that more advertising can be done to advised the public of these Study Sessions and that the meeting times should also be varied to accommodate more people. Commissioner Nagpal asked if she understands correctly that Mr. Iverson does not think that public hearings should be held. Mr. Alan Giberson said yes they should. Mr. Jim Sorden, Shadow Oaks Way: • Said that the General Plan is a very big deal. • Added that the Abrams property is also a very big deal. It would be unwise to put that property on the agenda with anything else. Chair Rodgers closed the Public Hearing for Agenda Item No. 1. Chair Rodgers asked how the Commission would like to proceed. Commissioner Nagpal: • Said that she thinks that the 11 parcels should be set for with the corresponding owner and neighbor notifications. • Said that she would like to see a public discussion on public information. She said that this public input would how best to proceed. public hearing on November 8~' the Land Use Element to collect give the Commission its cues on • Stated that she is on the fence on the issue of the Open Space Element as there would be a lot on the calendar for one meeting. • Added that she would not mind scheduling the Open Space Element after a Study Session has been held. Commissioner Hlava: • Said she agreed with Commissioner Nagpal., • Stressed that public testimony is needed and the process needs to be started. • Pointed out that the Commission can take items back to a Study Session format as necessary or forward issues on to further Planning Commission public hearings. • Stated that there are policies that should be added to the General Plan. Saratoga Planning Commission Minutes for October 11, 2006 Page 7 . Suggested that controversial things be taken out of consideration. • Stated that there is no controversy with the 11 parcels. These are already developed properties. The only goal is matching the Land Use designation with the Zoning. • Suggested putting off the Open Space Element and handling it separately as a public hearing item. • Said that the 11 parcels and the Land Use Element could be handled together. Commissioner Kundtz said that he supports the 11 parcels and the Land Use Element being considered at a public hearing on November 8th. He said that a Study Session should be set for October 24th on the. Open Space Element. Based upon that Study Session, the Open Space ,Element could be calendared in the future. He said that the Abrams/pumpkin patch property is a separate matter. City Attorney Jonathan Wittwer reminded that the Negative Declaration would also be included on the November 8th meeting for these items. Commissioner Hunter: • Said she has no problem with the 11 parcels on the November 8th Planning Commission agenda. • Reminded that the Council appointed Land Use Update Committee resigned in protest. • Suggested that as a result of the Study Session, they may elect to meet again and they should be given the opportunity to do so. • Stated that she would like to hear from them if they have more opportunity to work on this. • Pointed out that they worked on this for two years. She encouraged that amends be made to this Committee and that they be given the courtesy and opportunity to speak again. • Said that scheduling a Study Session on the Open Space Element on October 24th is okay. Chair Rodgers pointed out that members of the Land Use Update Committee participated actively at the Study Session. Commissioner Cappello: • Said that vital input was provided by the Land Use Update Committee members and it is great to have them participating. • Stated that he felt positive about that experience. • Said he would like to agendize all three items. • Reminded that any part could be continued and/or go back to a Study Session. • Suggested that it is time to take public input and broaden the input given. He would like to open it up and get broader input. • Said if too few show up because of holiday schedules, discussion can be continued. If many show up, it would be okay to have a long meeting to 1 a.m. or later as necessary to hear from everyone. Commissioner Zhao: • Said that she too agrees with the 11 parcels being scheduled for hearing on November 8th. • Said that she also thinks that the Open Space Element can be heard that evening too. Saratoga Planning Commission Minutes for October 11, 2006 ~, Page 8 • Pointed out that since the meeting will be shortly following their Study Session on the Open Space Element, everything discussed at the Study Session will still be fresh to the Commission. • Cautioned if not scheduled now, it will not come up until next year. Chair Rodgers: • Said that she supports placing the 11 parcels on the November 8th Planning Commission agenda for public hearing. This includes full noticing. • Added that she also supports including the Land Use Element on November 8th at least to begin to get public feedback. • Said asked about including the Open Space Element that evening. Commissioner Hlava said that she would change her mind. She said she agreed that the issue of the Open Space Element would be fresh following the Study Session so she can support advertising the Open Space Element for November 8th Commissioner Nagpal said that she too could be persuaded. She supported having the Land Use Update Committee involved in the process including the ability to review the draft document. Chair Rodgers asked staff if this is still officially a Committee. Commissioner Hunter said that the Land Use Update Committee had asked at the Study Session for one chance to get together and suggested that they meet with Project Planner Deborah Ungo-McCormick. Chair Rodgers asked if this would result in an additional report. Commissioner Hunter suggested a verbal report at the November 8th public hearing. Director John Livingstone said he has no problem with that. He advised that. he had continued sending members of the Land Use Update Committee drafts and meeting information. Commissioner Nagpal said that it was important to give them that courtesy. Chair Rodgers said it appears the plan is to include the Open Space Element on November $th. Commissioner Hunter advised that she would vote against the motion because she feels that it is too ambitious an agenda and is a poor idea. Commissioner Kundtz said that he would vote no as well. He said that many would sit for hours only to be delayed. He cannot support loading an agenda so much. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Cappello, the Planning Commission continued to a date .certain (the Planning Commission meeting of November 8, 2006) consideration of Saratoga Planning Commission Minutes for October 11, 2006 Page 9 . Application #07-082 to amend the Land Use Element, amend and combine the Open Space and Conservation Elements, and amend the General Plan Land Use Map of the City's General Plan. for 11 parcels with the corresponding Negative Declaration, by the following roll call vote: AYES: Cappello, Hlava, Nagpal, Rodgers and Zhao NOES: Hunter and Kundtz ABSENT: None ABSTAIN: None Commissioner Nagpal asked staff to send an email confirming dates. Director John Livingstone agreed to do so. Commissioner Zhao asked in which order these issues would be discussed. She questioned which one would take longer. She suggested that this could be better .decided after the October 24th Study Session. Director John Livingstone said that he would be happy to take direction from the Chair on order. City Attorney Jonathan Wittwer reminded that the Commission could always re-order an agenda as it finds necessary. Commissioner Hunter asked if the Council would hold two public hearings on this? Director John Livingstone replied one. Commissioner Hunter asked if Council could complete this item before the current Council leaves office? City Attorne~ Jonathan Wittwer replied that it could not get before the Council before December 6 . Director John Livingstone reminded that Council's December 6th meeting is the reorganization meeting. December 20th is the next regular Council meeting after that. He added that there is not enough noticing time to get this onto the November 15th Council agenda following the Planning Commission's meeting on November Stn Commissioner Nagpal said that this means that the new City Council would handle action on the 11 parcels. Director John Livingstone replied yes. There is no way any of this can be done before the change of Council unless a Special Council meeting is scheduled. . PUBLIC HEARING -ITEM N0.2 Saratoga Planning Commission Minutes for October 11, 2006 Page 10 APPLICATION #07-073 (503-13-067) HO, Mount Eden Road south of Villa Oaks Lane: Request for Extension of Tentative Map approval granted by the Planning Commission on October 27, 2004. Tentative Map approval expires 24 months from this date. The applicant was granted Tentative Map approval to subdivide a 29.28-acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul- de-sac. The property has a general plan designation of RHC -Hillside Conservation and is zoned HR -Hillside Residential District. This item will not be reviewed at this meeting. (Lata Vasudevan) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that this item must be continued to the October 25, 2006, meeting due to noticing errors. Chair Rodgers asked if anyone was present this evening for Item No. 2. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission CONTINUED TO THE OCTOBER 25, 2006, PLANNING COMMISSION MEETING consideration of Application #07-073 for the Extension of a Tentative Map Approval for property located on Mount Eden Road south of Villa Oaks Lane, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING -ITEM NO.3 APPLICATION #06-430 (397-26-002) BRYANT, 14195 Saratoga Avenue: Request for a Modification of Approved Plans to construct aone-story 163 square feet addition to a project that was granted Design Review approval, and is currently under construction. Design Review approval was granted in September 2003 to construct atwo-story residence, a detached second dwelling unit, a detached three-car garage, and a basement which is to be located under the main residence. The proposed modification will add 163 square feet to the main residence. With the proposed modification, the total floor area of all buildings on the site will be 4,507 square feet. The property is zoned R-1-12,500. The property is located along Heritage Lane and the Heritage Preservation Commission has reviewed the proposed modification to the approved plans. (Lata Vasudevan) Associate Planner Lata Vasudevan presented the staff report as follows: • Reported that in September 2003, the Planning Commission granted Design Review Approval to allow the construction of a new two=story -residence, a -detached --second dwelling unit and a detached three-car garage. Saratoga Planning Commission Minutes for October 11, 2006 Page 11 • Said that since that approval this property has changed owners. • Said that the new owner is seeking approval of a Modification of Approval Plans to allow a 163 square foot addition to the right side facade of the main residence to enlarge the family room. • Advised that the project is already under construction. • Explained that the total square footage would be 4,507. • Said that the arborist reviewed the project and recommended the use of pier and beam foundation to protect a nearby tree. • Said that since this property is on a Heritage Lane, the Heritage Preservation Commission reviewed this modification. • Recommended approval of this request. Commissioner Nagpal asked why this must come to the Commission instead of being handled by staff when it is such a small increase in square footage. Planner Lata Vasudevan explained that per the Municipal Code, any modifications to a project approved by the Planning Commission must be brought back to that approving authority. If it had originally been an Administrative Design Review Approval, the Community Development Director would have reviewed this modification. City Attorney Jonathan Wittwer said that there have been changes to Ordinances since September 2003 that can be taken into account. Chair Rod ers o ened the Public Hearin for A enda Item No. 3. 9 P 9 9 Mr. Homer Bryant, Applicant and Property Owner: • Said that this is a simple addition and very necessary. • Stated that as designed the family room was undersized. • Said he had no choice but to come before the Commission to correct this error. Commissioner Kundtz asked Mr. Homer Bryant if he is comfortable with the bond requirement from the arborist. Mr. Homer Bryant replied yes. Chair Rodgers closed the Public. Hearing for Agenda Item No. 3. Commissioner Hunter said that she has no problems. This project is fine with her. Commissioner Kundtz said he likes the project. Commissioner Nagpal said ditto. Commissioner Zhao_ said she could make th_e findings and support this_ request. Commissioner Ca ello said this is fine and a ro riate to the ro'ect. pp pp P P J Saratoga Planning Commission Minutes for October 11, 2006 Page 12 Chair Rodgers agreed with the use of pier and beam construction as recommended by the arborist. Motion:. Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission adopted a Resolution granting a Modification of Approved Plans (Application #06-430) to construct a 163 square foot addition to a project that was granted Design Review Approval in September 2003, on property located at 14195 Saratoga Avenue, by the following roll call vote: AYES: Cappello, Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING -ITEM N0.4 APPLICATION #07-086 (393-01-024) PRASAD, 12860 Saratoga-Sunnyvale Road: -The applicant requests approval for a Conditional Use Permit and a Sign Permit to operate a dentist office and install a wall mounted sign at an existing tenant space within the Argonaut Shopping Center in the CN zoning district. (Therese Schmidt) Associate Planner Therese Schmidt presented the staff report as follows: • Advised that the applicant is seeking approval. of a Conditional Use Permit and Sign Permit to allow the establishment of a dental office in the Argonaut Shopping Center. • Reported that originally staff could not make two of the required findings on the sign. The applicant brought a revised sign proposal than can be supported. • Said that a finding on the intent of the zoning district for this commercial property must be considered. The intent of the CN zoning is primarily retail. Professional office use is allowed with a Conditional Use Permit. • Cautioned that once the space is plumbed for a dental office it will be difficult to return that space to retail use. • Said that staff is recommending denial. Commissioner Nagpal asked how long this space has been vacant. Planner Therese Schmidt replied about 16 months. Chair Rodgers opened the Public Hearing for Agenda Item No. 4. Dr. S. Prasad, Applicant: • Said that she is seeking a Use Permit to allow her to establish afamily-oriented dental practice. _-._Explained_that_she has been a dentist for eight years and a resident of Saratoga for the last five years. She has two young daughters. • Said that many people want her to have a practice in Saratoga. Saratoga Planning Commission Minutes for October 11, 2006 Page 13 • Assured that her practice will draw patrons to Argonaut Shopping Center. • Said she spoke with other tenants and they support her application. • Advised that dentistry practices are moving to retail more and more these days. • Reported that this tenant space has been empty for 18 months. • Stated that her practice will. be an enhancement to this center. • Thanked the Commission for the opportunity and said she is looking forward to serving patients in Saratoga. Commissioner Cappello asked if there is any data available that shows how cross shopping occurs when a service business such as a dental practice establishes itself in a shopping center? Dr. S. Prasad said that she does not have specific data. Dental practices often market themselves with other retail businesses. It is becoming more common to have dental practices with retail. It is ideal for everyone involved. Commissioner Kundtz asked Dr. S. Prasad if she had considered any other location. Dr. S. Prasad said that she did look at one other location but it was too small. She wanted a practice in Saratoga. She informed that it costs between $200,000 and $300,000 to plumb a dental office. She assured that she could not find anything with this amount of square footage. The other space she looked at also had no parking while this location has plenty. Commissioner Kundtz asked the length of the lease. Dr. S. Prasad replied 10 years with an option for afive-year extension. Commissioner Nagpal: • Stated that one of the challenges faced is that there are limited- retail spaces in Saratoga. Using some of that limited space for non-retail use creates a real issue. • Said that this is a pure retail area. Dr. S. Prasad said that she wouldn't have even approached the City on this site but for the fact that the space has been empty for 18 months. It has no visibility from the street needed for retail uses. It is not a property that just came onto the market. Commissioner Zhao asked how many dental offices there are in Saratoga. Dr. S. Prasad said that there are some on Cox, Prospect and one orthodontist located in downtown Saratoga. She added that there are a lot of dentists located in Los Gatos. Commissioner Cappello reminded of the one recently approved in the shopping center __ behind Krispy Kreme. ___ _ ____ _ __ __ Commissioner Hunter said that another dental practice was recently approved .on Saratoga-Sunnyvale Road. Saratoga Planning Commission Minutes for October 11, 2006 Page 14 Mr. John Machado, Representative, Argonaut Shopping Center: • Said that he has been involved with the Argonaut Shopping Center for 10 years and that he is here this evening on behalf of the owners and to support this use. • Pointed out that a dental practice is a permitted use with a Use Permit. • Stated that no Variance is sought. • Suggested that there are many positive features in having this dental practice in the shopping center. It does not compete with any of the existing tenants and will provide a service to the community. • Said that having dental practices in shopping centers is becoming more common and that the owner is in favor of this use. • Explained that this is an inferior retail location within this shopping center. There is limited exposure to Saratoga-Sunnyvale Road. It is a narrow and deep tenant space. • Reminded that they have tried unsuccessfully to secure a retail use in this space for 18 months. They began targeting quasi-retail tenants more recently with the idea that their patients would cross shop and help support the existing retail businesses. • Said that if this request were for a tenant space on the south side of the project, they would not support a lease for a dental office there. • Stated that this use is consistent with City policy. • Assured that they are not deleting primary retail space. It is not adequate for retail sales. • Said that this use results in no parking impact. • Informed that at the end of the lease term the tenant has the obligation to return the space to retail. Commissioner Hlava said that staff is recommending against this use as it does not fall within the intent of the Zoning Ordinance that calls for goods and services. Retail equals sales tax. However, she pointed out that the fitness use is a service use too. Mr. John Machado said that if he could have leased this space as retail he would have. It is not possible due to the lack of visibility and the depth of the space. Commissioner Hlava pointed out that this is the second dentist seeking to establish in a hard-to-rent retail site since her appointment in April. Mr. John Machado said that he is a member of the ICSC (International Council of Shopping Centers). He said that there is a big trend because patients like to go to shopping centers. Parents can shop while their children receive treatment rather than waiting in a waiting room. This directly results in tax revenue. Commissioner Hunter asked about the dance studio in the center. Mr. John Machado said that they have not been there for about eight or nine years. That was another quasi-retail use. He added that the fitness tenant has been there for about - - -six-years. ------ Saratoga Planning Commission Minutes for October 11, 2006 Page 15 Commissioner Cappello asked staff to verify that if this fitness use were in the Village it too would require a Use Permit. Director John Livingstone replied correct. There is a different policy for personal services in the Village. Chair Rodgers asked staff why it is against placing this dental practice here when there is already another personal service business in the center. Director John Livingstone explained that a fitness center is an allowed use and does not require a Use Permit. Mr. John Machado stressed that a retailer will not locate in this tenant space. Commissioner Nagpal asked Mr. John Machado for the breakdown in mix between service and retail uses. Mr. John Machado. said it was about 80 percent retail to 20 percent service including restaurants.. - Commissioner Nagpal asked Mr. John Machado if it is their goal to maintain that ratio. Mr. John Machado said that they want a mix of uses and not uses that are competitive with existing tenants in the shopping center. He reminded that retail needs visibility. Chair Rodgers asked if Mr. John Machado had spoken -with neighboring tenants about expanding into this space: Mr. John Machado said that he spoke with the owners of both Blockbuster and Body Line. Neither was ready to expand into this space. Commissioner Zhao asked how many dental offices there are in Saratoga and how many are needed. Mr. John Machado said that the reason they are here for a Use Permit to establish a dental practice is because the Code requires it. He said that maybe the Code needs changing. He assured that there is not an abundance of dental uses. Commissioner Hunter said that there is a small percentage of retail space in Saratoga.. Mr. John Machado said that he would not rent frontage retail space to a dentist. Chair Rodgers closed the Public Hearing for Agenda Item No. 4. . Commissioner Cappello:-- - ---- - -- --- - -------- ------ -------- -- -- -- • Said that this is a problematic site for a retail use due to visibility issues. Saratoga Planning Commission Minutes for October 11, 2006 Page 16 • Stated that he is convinced that they have done their due diligence to get a retail • tenant for this space. • Said that there is already a fitness center on site. • Pointed out that this space has been empty for 18 months. • Advised that he would vote in favor of the Use Permit. Commissioner Hunter: • Said that this is a very difficult decision and that the presentation was excellent. • Pointed out that the Argonaut is the biggest shopping center in Saratoga. • Reminded that once a dentist is located here it well never be changed back to retail. • Expressed concern that there is only so much retail space available so she will have to support the staff recommendation for denial. • Stated that this is just not good for Saratoga to lose some of its limited retail space. • Said that she was sorry. Commissioner Hlava: • Advised that when she came this evening she was going to vote against this Use Permit. • Stated that she is now on the opposite side. • Said that service establishments offer goods and services. There are already insurance and nail salon businesses here. • Stated that this represents a distinction without a distinction. • Said that she can make the findings as this use does provide a service. There is no service for anyone when this tenant space stays empty. • Stated that she hopes that Dr. Prasad is right that her patients will also shop here. • Said that she can make the three required findings. Commissioner Nagpal: • Said that she has struggled with this application. • Stated that she hates giving up retail space so it is difficult to consider something that is not retail. • Agreed that there are more dental practices being established in shopping centers now. • Admitted that originally she was not supportive but believes that this could result in a mutually beneficial relationship with the other tenants. • Stated that sales tax revenue should not be a consideration. • Said she is leaning toward making the findings and saying it is okay to have a service business here. • Stated her support. Commissioner Kundtz; • Stated his agreement with the points made by Commissioner Hunter. • Said that there is a distinction and difference. - ,•-Agr-eed-that once-plumbed-this-will-for-ever-more-be-a-dental office.--~---- Saratoga Planning Commission Minutes for October 11,.2006 Page 17 • Pointed out that there is no vision store in Saratoga and he has to go to Los Gatos to shop for glasses. • Said he is not supportive and agrees with the staff recommendation for denial. Commissioner Zhao: • Said that she too has struggled with this decision. • Said that she can see that there is a trend to have more dental offices within retail shopping centers. • Stated that she also agrees that there is not a lot of retail space in Saratoga. • Said that with a 10-year lease this retail space will be gone. forever. • Advised that she agrees- with the .staff recommendation to deny although she is sorry for the applicant. Chair Rodgers: • Stated that she also agrees with the staff recommendation for denial. • Said that while there may be a trend with allowing dental offices in commercial centers she is not ready to cross that line yet. • Pointed out that the Argonaut Shopping Center is the largest retail center in Saratoga. • Stressed the importance to preserve retail space. • Said that service-oriented business are tipping the balance over the edge to a point this center could become a grocery, drugstore and the rest service related businesses. • Said that the vision for this site is as a major retail center. • Stated that she will vote against this Use Permit. Commissioner Cappello: • Pointed out that when the space is empty it does not help the Argonaut Shopping Center and hurts the community. • Said that the empty space becomes an eyesore in a brand new center. • Said that if there were a choice available between retail use and a dental office; he would side with the retail use. However, they do not have that option before us today. • Cautioned that this space could stay empty for a long time to come. • Suggested that what might end up happening is that another dentist might try to establish here in the future after the space has stayed empty for another 18 months. Approving it at that time would not be fair to this applicant. • Said that there is nothing to fear with a 10-year lease. It is good for the center. • Said he is not sure if he is convincing any of his fellow Commissioners to change their vote and hoped that some might reconsider. Commissioner Hunter: • Announced that she is willing to change her vote on this. • Agreed that having the space empty benefits no one. • -Said that this tenant space is a strange one. _•_ Advised that she has lived here for many years and this particular tenant space has always been a problem. Commissioner Zhao: Saratoga Planning Commission Minutes for October 11, 2006 Page 18 • Said that as much as she wants to change her mind she cannot. • • Stated that if this were an older center she might be willing but this is newer. • Added that she is not convinced that the center cannot find a retail tenant. • Reiterated that her vote remains against this Use Permit for a dental office. City Attorney Jonathan Wittwer advised that there is a fourth mandatory finding that comes from another section of Code. That finding is that the proposed Use Permit would not adversely impact the existing uses and surrounding properties. He added that CEQA is satisfied with a Categorical Exemption. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission adopted a Resolution, as amended, approving a Conditional Use Permit and Sign Permit (Application #07-086) to operate a dentist office and install awall-mounted sign at an existing tenant space at the Argonaut Shopping Center located at 12860 Saratoga-Sunnyvale Road, by the following roll call vote: AYES: Cappello, Hlava, Hunter and Nagpal NOES: Kundtz, Rodgers and Zhao ABSENT: None ABSTAIN: None Chair Rodgers said that this was a good debate. She said it is good that the Commissioners are willing to change their minds following deliberation. Commissioner Cappello said that it is important to come with an open mind. He said he appreciated this Commission as a whole. *** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Chair Rodgers advised that an invitation was received by email. Commissioner Hlava clarified that this is an event being sponsored by the League of Women Voters and will be held on November 16, 2006, at the Saratoga Library. The public is invited to attend. Commissioner Hunter said that the November 8th Planning Commission meeting would be a big meeting. She said that, depending on the election results, she needs to know if it is recommended that she sit in on that meeting. Commissioner Hlava asked if Commissioner Hunter could sit in on that meeting in the event • she is elected to Council. Saratoga Planning Commission Minutes for October 11, 2006 Page 19 Commissioner Kundtz ~ointed out that if Commissioner Hunter is not available to participate p there is the potential for a tie vote with just six Commissioners available. City Attorney Jonathan Wittwer said that he would need to research this issue further. He pointed out that even if Commissioner Hunter is successfully elected to Council she would not have yet been sworn into office by the November 8th Planning Commission meeting so she may have a choice. Commissioner Hlava cautioned that if Commissioner Hunter votes on an issue such as the General Plan Update as a member of the Planning Commission she might have to recuse herself on participating when the item goes to the Council for final action. Commissioner Nagpal asked if a tie vote is a thumbs down. City Attorney Jonathan Wittwer said that a tie vote would result in a continuation to the next meeting to see if a different vote can be reached. Chair Rodgers asked about Council's. second reading of the Ordinance to make conditions of approval permanent. She asked where the processing is for the recommendations the Commission made regarding Administrative Design Review. Director John Livingstone said that the first report on the Administrative Design Review process would be sent to Council next week. There is no Ordinance recommended with this. It is just a staff report with the recommendations. He reminded that in December or January, the City Council has a retreat at which time a work program for the year is developed that would prioritize which Ordinance updates should be handled in what order. Chair Rodgers asked if it would be possible to get a copy of the staff report. Director John Livingstone said that pdf copies could be provided by email. Since the Council reports go out either on Friday or Saturday, copies to others could not go out until Monday. Commissioner Nagpal asked if the issue of recording conditions would be on the Consent Calendar. Director John Livingstone replied yes. Commissioner Nagpal asked if it would be possible to open the public hearing only if the Council so requested. Director John Livingstone said that a member of the public -could also make such a request. Commissioner Hlava mentioned that she and Commissioner Kundtz would be going to the IVlandatory-Ethics Training and invited anyone else who was available to ride along with them. • Saratoga Planning Commission Minutes for October 11, 2006 Page 20 City Attorney Jonathan Wittwer advised that the City Clerk is required to keep records of the completed training by each Commissioner. He suggested also providing a training session for the Commission at a future meeting on dealing with requests for information during Oral Request and the corresponding direction to staff. Director John Livingstone said that this could be put as a Director's Item on the next agenda whereby City Attorney Jonathan Wittwer could provide a five to 10-minute training session on this topic. Commissioner Nagpal said that would be great. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Cappello, seconded by Commissioner Hlava, Chair Rodgers adjourned the meeting at 9:17 p.m. to the next Regular Planning Commission meeting of October 25, 2006, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk 11,' Corinne A. Shinn 3160 Irlanda Way, San Jose, CA 95124 Email address: corinneshinn(c~earthlink.net October 14, 2006 Community Development Department Attn: Abby Ayende City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Abby: This letter serves as my invoice and request for payment for services rendered as Saratoga's Contract Minutes Clerk for Planning Commission meetings. I am requesting payment as follows: October 11, 2006 (Regular Meeting) 450.00 NEW AMOUNT DUE -NET 30 DAYS $450.00 Please remit to the above address. Thank you. Sincerely, Corinne A. Shinn • • • Item 1 ~_~..~ • • REPORT TO THE PLANNING COMMISSION Application No./Location: #07-073 - Mt. Eden Rd Type of Application: Extension of Tentative Map and Use Permit Approvals ApplicantlOwner: William Wai Yan Ho Staff Planner: Lata Vasudevan AICP, Senior Planner ~~ Meeting Date: October 25, 2006 y~ APN: 503-13-067 Department Head: ~~~i [~ ,~ . ~, `\\1 ~ t0. ~ • 'fir ``•~ '~ ~ ~4 . ~.. , .t'b i's' Q - '• 1 F ~` •~ 4`. ~..:1- =-- r ,.L FF ~ `~~ :v t'r :~ ~ 500 :. ~ ~ .: 1 e- 1C; FA..i d b ! 'j ~ ~~ F '~ ~'` G^FeT F01 1F ^C ^g ~ ~ t `Y s 4 ;F ~ ~C ~ . .w•__ ~ i ~ ~ ~5 ~i, ~y16 ~F ~~~C F~y ~ f ~ r ~ n. r y ~7` 3t ~ ~ •~i\ ~r ~ Yv;~ Subject: .~ ~~ F M ~ii MT EDEN RD 'k r ~FF ~ ~ C APN: 503-13-067 ~ °.~ ;±~ ~yz ~ %- ~ 500' Radius .~~ •-' ~ F~ a~ `i Mount Eden Road - Ho Subdivision Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: EXECUTIVE SUMMARY 08/22/06 09/22/06 10/11/06 10/05/06 10/19/06 PROJECT LOCATION AND DESCRIPTION The applicant is requesting an extension of an approved project to subdivide a 29.28-acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul- de-sac. City Code under Section 15-13.060(c) allows clustering of lots in the Hillside Residential District under the provisions of a Use Permit provided a number of requirements are satisfied. The plan addresses these requirements. The parcel is steeply sloped with an average slope of 21.8%. The site contains a large area of Md deeply moving soils, which are restricted from development. The property is the site of a former spring and was in the past known as Springdale Farms. A riparian corridor traverses the property running in a north, south direction. The site topography rises above the creek on both sides forming two distinct, relatively open areas. The open areas are vegetated primarily by native grasses while most of the trees on the site are confined to the creek area. A notable exception is the upper areas of the proposed Lot 5 where Oak woodland exists. The parcel is surrounded by residential land uses at a relatively low density. The parcel has no public road frontage and access is provided from Mount Eden Road via a 60-foot wide access easement. The Tentative Subdivision Map was approved with conditions by the Planning Commission on October 27, 2004. This approval included the granting of a Use Permit for the proposed clustering of the lots as described above. The property owner, William Wai Yan Ho, has applied for aone-year extension. The application for the extension was received August 22, 2006, prior to the expiration date of October 27, 2006. Under the State Subdivision Map Act Section 66452.6.(e), the applicant will receive an automatic extension of sixty days or until the extension is approved, conditionally approved, or denied, whichever occurs first. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve the attached resolution, which approves a one (1) year extension to the Tentative Map approval and the Use Permit approval to expire on October 27, 2007 and reiterates the original conditions of approval stated in Planning • • C~ Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 Commission Resolution No. 04-041 with additional conditions as described in this staff report. The attached plans are a copy of the original plans approved on October 27, 2004. Many of the conditions of approval have already been incorporated in the Improvement Plans that have been submitted subsequent to this approval. The submitted plans also include conceptual house plans for the five lots. Staff requested these drawings during initial review of the subdivision. However, they are not the subject of the Tentative Map approval and the current request for Tentative Map extension. The house plans are only conceptual and may change upon application for design review for development of each of the lots. • • ___ Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 STAFF ANALYSIS ZONING: Hillside Residential District GENERAL PLAN DESIGNATION: RHC -Residential Hillside Conservation MEASURE G: Not applicable PARCEL SIZE: 29.28 acres AVERAGE SITE SLOPE: Average Slope of parcel is 21.8%. GRADING REQUIRED; The proposed subdivision requires 11,425 cubic yards of cut and 10,848 cubic yards of fill for the new court and the emergency access road. Grading calculations will be submitted for each parcel as part of the Design Review process. ENVIRONMENTAL DETERMINATION: The proposed project consisting of subdivision of a parcel into five clustered lots and retaining 19 acres of open space is subject to environmental review under CEQA. An Environmental Initial Study and Mitigated Negative Declaration were prepared. After study and evaluation, staff has determined pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act if the recommended mitigation measures are carried out as a condition of plan approval. __- _ __ • Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 STAFF REVIEW City Code Section 14-20.080(b), allows the Planning Commission to grant extensions for a period or periods of time not exceeding thirty-six months. This code section specifies that an extension of tentative map approval is not a matter of right and the Planning Commission may deny the application. The City Code does not specify any criteria for granting extensions. However, the following questions have assisted Staff in formulating a recommendation to the Planning Commission. How long of an extension is being requested? The original approval was granted with conditions by the Planning Commission on October 27, 2004 for a two (2) year period, expiring October 27, 2006. If the current request for a one (1) year extension is granted, the map will expire October 27; 2007. Section 66452.6(e) of the State Subdivision Map Act authorizes the Planning Commission to grant up to a three (3) year extension of the project. The current request is only for a one (1) year extension. The applicant is working towards obtaining Final Map approval within the next one year period. What is the current status of the project? The applicants have been working on the Improvement Plans per the conditions of approval stated in Planning Commission Resolution 04-041. The Improvement Plans have been submitted for its second submittal and are presently being reviewed by the Public Works Department. The applicant has made this request for an extension to allow for additional time in complying with necessary conditions of approval stated in the attached resolution. The Final Map has not yet been submitted for Staff review. A letter explaining the extension request submitted by the engineers for the applicant is shown in Attachment 3. How will the project be completed if the extension is granted? The project will be considered completed when the corrected and/or revised submitted version of the Final Map and Improvement Plans have been approved by the Public Works Department and the Final Map approval has been granted by the City Council. Are there any new circumstances, which may require amending any previously imposed conditions or imposing new conditions? Trails and Open Space Condition #1 of Resolution 04-041, specifies that the open space with the pedestrian/equestrian trail shall be public lands and must be offered to the City for dedication in order to comply with the requirements for granting a Use permit, as stated in City Code Section 15-13.060(c)(2). However, given the current condition of the open space with the recent occurrence of a landslide; Staff finds that the more appropriate action for the City would be to require that the open space be recorded on the Final Map as private and not offered for use by the general public. Condition #1 has been modified to reflect this preferable action. The trails, however, are an important link Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 in the City trail system and have been reviewed and approved by the Pedestrian, Equestrian and Bicycle Trails Committee. (Please refer to the Attachment 6.) Therefore, Condition #1 has been further modified to require that the pedestrian/equestrian trail be offered as a public easement. Landslide In March 2006, a landslide occurred on two properties uphill and to the north of the subject property, close to Villa Oaks Lane. The main body of the landslide is located mostly on the two adjacent properties. According to a letter submitted by the project geologist (attached), the landslide extended only approximately 50 feet onto the northeastern portion of the Ho property. The landslide occurred in a known high geologic hazard area categorized with an Md (deeply moving soils) soil classification. The proposed Ho subdivision was designed such that improvements would occur away from this geologic hazard area. This recent landslide is more than 200 feet away from the nearest proposed improvement. The City Geotechnical Consultant has reviewed the recent submittal of the improvement plans along with the active landslide situation. The consultant's review includes a statement that requires that the applicant evaluate and address mitigation measures that could be utilized to reduce adverse impacts to the property from active landsliding, and further suggests that the applicant shall implement these mitigation measures prior to significant winter rains. This City Geotechnical Consultant's requirement, as well as all other requirements stated in the attached October 13, 2006 letter, has been added to the original conditions of approval in item #44 under `Geotechnical Consultant.' The project wildlife ecologist from Live Oak Associates, Inc. has also reviewed the potential impacts of the landslide and has indicated that it does not appear that any biotic resources on-site have been impacted. (Please refer to the attached letter.) However, the ecologist does specify that some measure shall be proposed to reduce further erosion associated with the landslide prior to winter rains. Based on the topography of the site, runoff flow will enter the seasonal drainage on- site. Therefore, the ecologist has recommended the implementation of best management practices -specifically the use of siltation fencing erected downhill- from grading activities - during any grading activities associated with mitigation of the landslide. This has been added as a condition of approval in item #17, under `Community Development.' Given the fact that winter rains are imminent, the new condition in item #17 requires immediate action. Neighbor Review In response to the public noticing, a group of neighbors have submitted a letter dated September 30, 2006. The purpose of this letter is to remind staff of the issues that were discussed during the initial review and approval of the Tentative Map. The request prohibiting construction traffic on Vista Regina has been added as a condition of approval as well as the placement of barriers with locked gates, as specified by the Fire Department, to prohibit residential access and allow only emergency access to the subdivision from Vista Regina via the emergency access road. The condition regarding the placement of water retention basins adjacent to the Kocsis property has also been incorporated. All of these new conditions are specified in items #18-20 under `Community Development.' However, the comment regarding provisions to prevent creek erosion has already been included in condition #6 under `Community Development' of Resolution 04-041. -- - - -- - - - - Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 Modifications to other Conditions of Approval In addition to changes or additions of new conditions discussed above, staff has made minor modifications to the wording of conditions #3, #10, #11, #13 and #14 of the original Resolution 04-041 to facilitate proper enforcement of these conditions. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve. the attached resolution, which approves a one (1) year extension to the Tentative Map approval and the Use Permit approval to expire on October 27, 2007 and reiterates the original conditions of approval stated in Planning Commission Resolution No. 04-041 with additional conditions as described in this staff report. ATTACHMENTS 1. Resolution, with attached Exhibit B Geotechnical Review letter dated October 13, 2006. 2. Planning Commission Staff Report, Minutes of October 27, 2004, Resolution 04-041. 3. Letter from applicant's engineer explaining extension request. 4. Letters from project consultants. 5. Letter from neighbors. 6. Memorandum from Pedestrian, Equestrian and Bicycle Trails Committee 7. Public Hearing Notice, Affidavit and Mailing Labels 8. Plans Exhibit A, dated September 2004, date stamped October 17, 2006 (originally date stamped October 19, 2004). • Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 • Attachment 1 • RESOLUTION OF APPROVAL N0.07 - APPLICATION NO.07-073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING AONE-YEAR EXTENSION FOR TENTATIVE SUBDIVISION MAP APPROVAL AND USE PERMIT APPROVAL WITH AN ALL-INCLUSIVE LIST OF CONDITIONS OF APPROVAL William Wai Yan Ho; Mount Eden Road - Ho Subdivision WHEREAS, an application has been submitted by property owner William Wai Yan Ho for a one (1) year tune extension of a Tentative Map approval. and Use Permit approval granted by the Planning Commission on October 27,' 2004 in Resolution 04-041. Tentative Map and Use Permit approvals were granted to subdivide a 29.28-acre, Hillside Residentially zoned parcel located between Mount Eden Road and Vista Regina (APN 503-13-067) into five lots, or as more particularly set forth in Community Development Department File No. 03-218 of this City; and WHEREAS, the approval for aforesaid Tentative Map would have expired on October 27, 2006. However, the property owner submitted an application for a one year extension prior to the expiration date pursuant to City Code Section 14-20.080(b); and WHEREAS, the Planning Commission of the City of Saratoga held a public hearing on October 25, 2006 and granted a one (1) year extension to the aforesaid Tentative Map and Use Permit approvals with modified conditions #1, #3, #10, #11, #13, #14, added conditions #17-20 under `Community Development' and added condition #44 under `Geotechnical Consultant' of the initial conditions of approval stated in Resolution 04-041. With the one (l~year extension, the Tentative Map will expire on October 27, 2007; and NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Saratoga does hereby grant a one (1) year extension to Tentative Subdivision Map dated September 2004, date stamped October 19, 2004 prepared by Hanna and Brunetti, P.E. for the Lands of Ho APN 503-13=067 and marked Exhibit A in the hereinafter file, and the same is hereby approved subject to the following conditions reflecting all the initial conditions of approval stated in Resolution 04-041. COMMUNITY DEVELOPMENT 1. The open space shall be recorded on the Final Map as private open space, not offered for use by the general public, but intended for exclusive use by the owners of lots 1-5; their successors, visitors and tenants. An open space agreement with the City shall be recorded with the recordation of the Final Map. The pedestrian/equestrian trail easement shall be dedicated for public use on the Final Map. 2. A revised landscape plan shall be submitted which provides additional buffer and fencing between the parcel 503-13-139 and the proposed access road. Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 3. Prior to Final Inspection of the Subdivision the applicant (owner) shall plant a landscape buffer on the. adjacent neighbors property (if agreeable to the neighbor at 22501 Mount Eden Road) to minimize the impact of the proposed access road in terms of glare. A letter from the neighbor shall be provided to staff indicating whether a landscape buffer is requested. 4. A storm water retention plan shall be provided indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. The storm water management plan shall comply with all design requirements mandated by the current National Pollution Discharge Elimination (NPDES) permit. 5. A grading and drainage plan shall be submitted and this plan shall be reviewed and approved by the City Arborist and the Community Development Department. 6. Soil and Erosion Control Plans -The applicant should submit a soil and erosion control plan which identifies the techniques for minimizing the impact of disturbance on adjacent properties. 7. A statement of covenant, conditions and restrictions (GC~szR'S) shall be provided which addresses the, long term maintenance of the on site storm water retention structures and landscaping along the access road. 8. The applicant with the revised tentative map shall furnish a construction schedule plan. This schedule shall identify the various phases of development, construction of the cul-de-sac, installation of landscaping along the road frontages, and phasing of development of each building lot. The approximate number and size of vehicles involved in each phase of the development shall be identified in this construction schedule plan. 9. The applicant must comply with noise guideline associated with subdivision construction. Construction activities may be conducted between the hours of 7:30 am and 6:00 pm, Monday through Friday. Subdivision construction is not permitted on Saturday, Sunday or other holidays. 10. A notice of applicable construction hours with the owner's (applicant's) phone number shall be posted conspicuously at the site at all times. 11. The applicant shall retain a qualified environmental consultant to conduct surveys of the project area prior to proceeding with any grading to determine if special plant species exist and if mitigation will be required. If special status plant species are identified, a Special Status Plant Species Mitigation and Monitoring Plan will be prepared and submitted to staff for review. ,This Monitoring Plan shall be submitted to staff prior to issuance of grading permits. If no special status species are identified, then the applicant shall provide a letter to staff indicate such information prior to issuance of grading permits. 12. The applicant shall determine if seasonal drainage channels are under USACE, CDFG and/or RWQCB jurisdiction and if necessary submit appropriate permit applications. Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 13. A qualified ornithologist must conduct aprotocol-level pre-construction survey for nesting raptors (including both tree and ground raptors) onsite within 30 days of the onset of ground disturbance or tree removal. If a nesting raptor is detected, an appropriate construction buffer must be established. Provide staff with a letter assessing the presence of nesting raptors. 14. In the event that archeological traces are encountered, all construction within afifty-meter radius of the find should be stopped, Staff shall be notified, and an archaeologist retained to examine the find and make appropriate recommendations. Applicant shall provide staff with a contract for archeological services. 15. The applicant shall dedicate apedestrian-only easement that follows the route of the new road and the emergency access road to provide a trail loop. The existing proposed trail and this easement should intersect at two places: near the entrance at Mt. Eden Rd. and at the upper end near Vista Regina. The plans should be revised to reflect this additional easement. 16. City policy discourages gated private roads so the entrance gate to the proposed new cul-de- sac shall be removed from the plans. 17. Landslide mitigation with all necessary permits. shall occur as soon as possible prior to winter rains. Implementation of best management practices is required -specifically the use of siltation fencing erected downhill from grading activities -during any grading activities associated with mitigation of the landslide. 18. No construction traffic shall be allowed on Vista Regina. 19. Permanent barriers (locked gates) shall be installed at the proposed emergency access road with specifications approved by the Fire Department. 20. Any proposed water retention basin shall be at a considerable distance .from the Kocsis property at 13945 Pierce Rd. PUBLIC WORKS 21. Prior to submittal of the Final Map to the Ciry Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 22. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be --accompanied by the following items: Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Firial Map. d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 23. The owner (applicant) shall pay a Map Checking fee, as determined by the Ciry Engineer, at the time of submittal of the Final Map for examination. 24. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 25. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements andlor rights-of-way on the Final Map, in substantial .conformance ~ with the approved Tentative Map, prior to Final Map approval. 26. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. 27. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. 28. Encroachment Permits shall be issued by Santa Clara County Roads and Airports Department prior to any work commencing in the County right-of-way. All conditions required by the Roads and Airports Department shall be fulfilled prior to final subdivision approval. 29. The applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit for Santa Clara Basin. Post-construction operation and maintenance of storm water treatment Best Management Practices (BMP's) shall be the responsibility of individual homeowners or Homeowner's Association, if applicable. Maintenance Agreement between the City and Homeowners Association shall be approved prior to Final Map Approval. The Agreement shall secure public access easement to each BMP for inspection purposes by the City inspectors. The Agreement shall be recorded into the individual deed records or shall be part of CCR's recorded prior to final subdivision approval. • Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 30. A line of sight study prepared by a licensed engineer shall be submitted to verify that the intersection of access road with Mt. Eden Road will be safe, prior to Final Map approval. 31. The owner (applicant) shall enter into an Improvement Agreement with the Ciry in accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval. 32. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 33. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 34. Prior to Final Map approval, the owner (applicant) shall furnish the Ciry Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 35. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to. Ciry Engineer. 36. The owner a licant shall a the a licable Park Develo ment fee rior to Final Ma ( pP ) P Y pp p P p approval. The fee (subject to change) is $20,700 per additional lot or $82,800. This fee assumes that the fee in lieu of dedication of public open space will be assessed upon the property owner. 37. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional .Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. 38. All building and construction related activities shall adhere to New Development and Construction -Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. GEOTECHNICAL CONSULTANT Geotechnical Clearance is granted for the Ho Subdivision provided that the applicant comply with the conditions identified below in the Geotechnical Clearance letter from Iveta Harvancik, Associate Engineer dated August 28, 2003 and revised Apri120, 2004. Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 39. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., setbacks, roadway and building site locations, site preparation and grading, landslide mitigation measures, erosion control plan, and design parameters for roadways, foundations, retaining walls and other improvements) to ensure that all recommendations have been properly incorporated into the plans. The plan review letter shall include a written geologic and geotechnical evaluation of the revised entrance road alignment, and be accompanied by a revised geotechnical mitigation plan and cross section (I-I') depicting the new alignment, probable lateral extent and depth of Landslide I and nearby Ols, and modified mitigation measures. The Project Geotechnical Consultant .previously provided a recommended mix of expansive colluvium and granular rock material to help mitigate potential creep associated with expansive fills. The Project Geotechnical Consultant should confirm that the grading plan includes a note that satisfies the recommended mix specification (minimum percentage of non-expansive granular material). The plan reviews shall be summarized by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the Ciry Engineer and Ciry Geotechnical Consultant for review and approval prior to construction of subdivision improvements. 40. The Project En ineerin Geologist and Project Geotechnical Engineer shall inspect, test (as ] g g needed), and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for keyways, roadway subgrade, drainage trenches and foundations prior to the placement of engineering fill, drains, steel and concrete.. The Project Engineering Geologist shall map geologic exposures in excavations and use the data to prepare a Final Engineering Geologic Map and Cross Sections of as-built conditions. Specific data pertaining to the depth and extent of colluvium and landslides, and orientation of bedrock structure, shall be recorded and incorporated into the as-built drawings. The results of these inspections and the as-built conditions of the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s), accompanied by as-built drawings, and submitted to the City Engineer for review and approval prior to final inspection of the subdivision improvements. 41. Prior to Geotechnical Clearance for lot developments, site-specific geotechnical investigations shall be performed on Lots 1 through 5. As part of these investigations, the applicants' geologic and geotechnical consultants shall: (1) review the data presented in the above referenced documents, and pertinent data provided in reports cited in those documents,. (2) perform supplemental subsurface exploration and laboratory testing, as needed, to adequately identify the extent and depth of surficial materials (e.g., fill, colluvium, and landslide deposits), (3) evaluate the long-term stability of slopes on the lots Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 (including artificial and natural slopes), and (4) provide complete geotechnical design recommendations for the proposed construction. The investigations should include, but not necessarily be limited to the following: i. Grading and Drainage Plans depicting proposed cuts, fills and drainage improvements shall be submitted for each proposed residential development. The plans also shall clearly depict building footprints, and landslide margins and construction setbacks from potentially unstable slopes. The Project Engineering Geologist and Geotechnical Engineer should evaluate all geotechnical aspects of proposed development plans. ii.The geotechnical conditions in the building footprints (including driveways and parking areas) on each lot should be explored, and representative earth materials (i.e., bedrock, colluvium, artificial fill, etc.) should be sampled and tested to provide engineering parameters for foundation and retaining wall design. The geotechnical consultants should specifically: (1) determine the thickness of surficial materials (e.g., artificial fill and colluvium) on the property, and (2) perform sufficient laboratory testing to characterize the density, strength, expansiviry and other pertinent physical properties of the subsurface materials to below the depths of basements and anticipated foundations.. Recommendations for drainage improvements should be provided, as well as specific recommendations for structural foundations, as needed. iii. We recommend that the project geotechnical consultant for individual lots consider the long-term benefits of providing piers with minimum reinforcement of four, no. 5 vertical bars in a cage and at least 8 feet embedment into bedrock. The final foundation design criteria should be based on asite-specific investigation of each lot. Detailed engineering geologic cross sections shall be prepared (at a scale of 1 inch =10 feet) to depict the natural and artificial slope profiles (thus, proposed cuts and fills), locations and depths of exploratory probes, depth and orientation of various earth material units, and proposed improvements. Reference shall be made to final (as-built) geologic cross sections prepared by Pacific Geotechnical Engineering. iv. The results of the site-specific geotechnical investigations shall be summarized in written reports with appropriate illustrations, and submitted to the Ciry to be reviewed and approved by the City Engineer and Ciry Geotechnical Consultant prior to Geotechnical Clearance for each lot. v. The Project Engineering Geologist and Project Geotechnical Engineer -shall review and approve all geotechnical aspects of the final foundation and grading plans (i.e., building setbacks, site drainage improvements and design parameters for roadways, foundations, retaining walls, etc.) to ensure that the consultants' recommendations have been properly . incorporated. __ Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 vi. The results of the plan review shall be summarized in a letter(s) by the Project Engineering Geologist and Project Geotechnical Engineer and submitted to the City for review and approval by the ,City Engineer prior to issuance of a Grading Permit for each individual lot. vii. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project demolition and construction. These inspections should include, but not necessarily be limited to: site surface and subsurface drainage improvements, excavations for removal of foundations and structures, and excavations for roadway construction and prior to the placement of steel, concrete and fill. viii. The results of these inspections and the as-built conditions of the project shall be described in a letter, and on revised (final) geologic maps and cross sections, and submitted to the City Engineer for review prior to finalization of the grading permit for each individual lot. 42. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Tentative Map approval. 43. The owner (applicant) shall enter into agreement holding,, the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 44. The owner a licant shall com 1 with all Ci Geotechnical review comments dated ( PP ) .P Y tY October 13, 2006 and shown in Exhibit B, incorporated herein, including but not limited to landslide mitigation that shall occur as soon as possible prior to heavy winter rains. FIRE PROTECTION DISTRICT 45. Property is located in a designated hazardous fire area. 46. All fire hydrants in the designated hazardous fire area shall be located within 500' from the residence and deliver a minimum 1000 gpm for a sustained period of 2 hours each at 20-psi residual pressure. Required fire flow could not be determined due to building floor areas and construction types not given, there may be a substantial increase of minimum required flow. (City of Saratoga Code 14-30:040 [c], as required by Saratoga Fire District) 47. Fire hydrants: developer shows three (3) hydrants to be installed. Such hydrants shall meet the requirements listed in item 2 above and Saratoga Fire District's specifications. Hydrant(s) shall be installed and accepted prior to construction of any building. (City of Saratoga Code 14-30.040 [a]) 48. Roof covering for all dwellings shall be -fire retardant and comply with the standards established for Class A roofing. Replacement less than 10% total roof area shall be exempt. (City of Saratoga Code 16-15.080) Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 49. Early Warning Fire Alarm System shall be installed and maintained for all dwellings. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to Saratoga Fire District for approval. (City of Saratoga Code 16-60) 50. Automatic sprinklers shall be installed for all new dwellings including garage, workshop, storage areas and basement. An NFPA 13R sprinkler system with a single 2.5" Fire Department Connection (FDC) and 4 head calculation is required for each dwelling. The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Documentation of the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. The sprinkler system and underground water supply must be installed by a licensed contractor. (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures #500 sq ft) 51. Access Road: (applies to both new Court and emergency access road) a: Minimum width shall be 20 feet with aone-foot shoulder on each side. b: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) c: Maximum -road slope shall not exceed eighteen percent (18%) for more than fifty (50) feet. d: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and a double-coat oil and screening surface. e: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. f: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. Note: emergency access road should be shown to connect to Vista Regina, not Via Regina. 52. Driveways: All new or improved driveways serving a single dwelling shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side. (City of Saratoga Code 16 ; 15.200, as required by Saratoga Fire District) a: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) b: Maximum driveway gradient shall not exceed eighteen percent (18%) for more than fifty (50) feet. c: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and a double-coat oil and screening surface. d: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. e: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. 53. The cul-de-sac at the end of the new access road and the turnaround at the end of lot 5 shall have a minimum 36 feet outside radius or an equivalent as approved by Saratoga Fire District. 54. Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic - - - loading (Giry-of Saratoga Code 16-15.200,-as-required-by-Saratoga-Fire-District) Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 SS. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by Saratoga Fire District. Details shall be shown on building plans. 56. Security Gate: Any security gate width shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. If gates are electrically operated, provide emergency back up power or manual releasing mechanism accessible by the Fire District. (CFC 902.4) 57. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (CFC 901.4.4) CITY ARBORIST 58. In a report dated February 7, 2004, the city arborist made a number of recommendations and observations regarding the impact of the proposed subdivision on the surrounding trees. The primary recommendations are outlined below. 59. The combined appraised value of trees planned for removal (#3, 7-11,13-18, 47-50, 55, S7, 68- 70 and 75) is $19,460. Mitigation for their removal shall include installing 46 of the SO new Coast Live Oaks (24-inch box size) shown on the proposed landscape plans. 60. The combined appraised value of inventoried trees planned for retention equals $442,080. In accordance with the newly adopted Ordinance, a bond equivalent to 100% of this value is required to promote their protection. 61. The retaining wall shown through tree #2's trunk shall be redesigned to be no closer than 10 feet from the trunk. Soil excavation for the wall's footing shall be manually performed within 30 feet of the tree's trunk. All roots requiring removal of two inches and greater in diameter shall be cleanly severed and immediately wrapped in a plastic bag secured by tape or a rubber band. 62. The plans should be redesigned to show the following grading setbacks from the trunks of the listed trees: ten feet from #23, 24, 26, 36 and 51-53; fourteen feet from #25; twelve feet from #66; fifteen feet from #29; and twenty feet from #27, 28, 31, 32, 67 and 78. 63. The portion of Sanitary Sewer Line proposed within 25 feet of tree #54's trurik and 20 feet from tree #56's trunk shall be tunneled by at least four feet below existing grade through horizontal boring. The planned three-foot depth near the manhole is acceptable. All pits shall be established as far from the trunks as possible. 64. The line indicating the "Top of Cut" along the west side of the `New Court' road should be revised to correspond to the approved limits of grading. 65. The proposed grading shown on Sheets C3.1 and C3.2 beneath tree #72's canopy must be revised to conform to Sheet C4.10. Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 66. The proposed grading shown on Sheet L1.2 beneath tree #83's canopy should be revised to conform to Sheet C4.9. 67. The drain line proposed within proximity to tree #76 should be redesigned. I suggest establishing it between trees #78 and 79, at least 25 feet from tree #78's trunk, 20 feet from tree #79's trunk, and 25 feet from the trunk of anon-inventoried tree immediately east of #79 (shown as a 40-inch Oak). The trench for the line and dissipater must be hand dug where within the fenced area. All roots two inches and greater shall be retained during the process. 68. The trench for the proposed drain line beneath the western portion of trees #4, 5 and 6 shall be manually dug where within 15 feet of their trunks. All roots two inches and greater shall be retained during the process and tunneled beneath. 69. The locations of the following trees should be surveyed and shown on all applicable plans: #3, 14-18, 47-52, 56 and 73. I also suggest the location of tree #66's trunk is confirmed. Impacts to these trees cannot be fully assessed until this is performed. 70. Tree protection fencing must be installed precisely as shown on the attached map and established prior to any demolition, surface scraping, grading or heavy equipment arriving on site. It shall be comprised of five- to six-foot high chain link mounted on two-inch diameter steel posts, driven 18 inches into the ground and spaced no more than 12 feet apart. Once established, the fencing must remain undisturbed and maintained throughout the construction process until final inspection. 71. Where applicable, protection fencing shall be established no further than two feet from the road and retaining walls, one-foot from the approved limits of grading, and eight feet from the `Entrance Gate' building and home on lot S. 72. The existing property boundary fence along the western boundary should remain intact throughout the development process. 73. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed) as well as beneath canopies of trees not inventoried for this report. These activities include, but are not limited to, the following: grading (both soil fill and excavation), surface scraping, trenching, storage and dumping of materials (including soil fill), and equipment/vehicle operation and parking.- , 74. Prior to commencing grading activities, the limits of grading shall be staked and reviewed on-site with the grading contractor and City Arborist: 75. The removal of the existing road surface for the Emergency Access Road shall be carefully removed to avoid damaging roots located immediately beneath ,the asphalt. I suggest the hardscape is first broken into small pieces using a jackhammer. The pieces must then be manually lifted and placed on a loader. Any base rock covering visible roots shall remain intact. Please note the loader shall remain on pavement at all times and off exposed soil and roots.- -- - - -- ----- - -- - - -- -- - -- -- _ - - _ _ Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 76. The existing culvert along the Emergency Access Road .by trees #56, 57 and 59 shall be carefully removed to avoid damaging roots. 77. At the start of grading (during the months of March thru September), supplemental water shall be supplied to all trees where grading or construction activities occur beneath their canopies. The water should be applied through soaker hoses or other approved irrigation system placed beneath mid- to outer-canopies at a rate of 10 gallons per inch of trunk diameter every two weeks. 78. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides and pesticides used beneath canopies must be labeled for safe use near trees. 79. Great care must be taken to avoid damaging the canopies of retained trees. As such, I suggest the portion of canopies encroaching in the path of travel be pruned, as necessary, prior to beginning the demolition process or arrival of heavy equipment to the site. The pruning of trees shall be limited to removing deadwood one-inch and greater in diameter, reducing any heavy limb weight and clearing the path of travel for equipment and vehicles. All cuts four inches and greater in diameter must be reviewed and approved by the City prior to doing so. 80. The pruning and removal of trees must be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to standards established by the ISA. Information regarding Certified Arborists in the area can be obtained by referring to the following website: http://www.isa-arbor.com/arborists/arbsearch.html. 81. Irrigation shall not spray beneath the canopies Oak trees nor come into contact with trunks of other trees. Stones, mulch or other landscape features should be at least one-foot from trunks of retained trees. 82. The irrigation plan should be reviewed for tree impacts prior to approval. Irrigation trenches planned parallel to a trunk shall be no closer than 15 times the diameter of the closest trunk. Irrigation trenches installed radial to a trunk can be placed no closer than 5 times the diameter of the closest trunk and at least 10 feet apart at the canopy's perimeter. Irrigation spray shall come no closer than five feet from a tree's trunk. Please note any trenches for electrical lines shall be installed by the same guidelines. • Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 NOW, THEREFORE, be it resolved that a one (1) year extension of the Tentative Map approval and Use Permit approval as identified as Exhibit A dated September 2004 and date stamped October 19, 2004 prepared by Hanna and Brunetti, P.E. for the Lands of Ho APN 503-13-067 >s approved subject to the conditions outlined in this report. Said Tentative Map and Use Permit approvals shall expire on October 27, 2007. Section 1. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga Ciry Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25th day of October, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date Extension of Tentative Map and Use Permit Approvals Ho Subdivision -Mount Eden Road Application # 07-073 FXHIBI'f B 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867-3438 MEMORANDUM TO: Iveta Harvancik, Associate Engineer FROM: City Geoteclulical Consultant SUBJECT: Geotechnical Review (S4100E) RE: Ho Subdivision, APN 503-13-67 Mt. Eden Road • Date: October 13, 2006 At your request, we have completed a geotechnical review of the proposed subdivision improvement plans using: • Improvement Plans (19 sheet, various scales), prepared by-Hanna and Brunetti, dated June 2005; • Retainin Wall Plans 6 sheets various scales re ared b RC Consultin En eers, Inc., dated g ( ~ )~ p P Y g 8m August 7, 2006; • Geologic Consultation (letter), prepared by Pacific Geotechnical Engineering,. dated August 15, 2006; • Large Diameter Boring Logs (5 borings), prepared by Pacific Geotechnical Engineering, dated June 22, 2006 and August 10, 2006; and " • Preliminary Cross Sections A A' and B-B' (2 sheets, 10-scale), prepared by Pacific Geoteclutical Engineering, dated August 18, 2006. In addition, we have reviewed pertinent technical documents from our office files and been in communication with the Project Geotechnical Consultant. DISCUSSION The applicant is proposing constructiori of subdivision improvements for an undeveloped, approximately 28-acre parcel. The property is bounded on the north by Tract 7761 (Mt. Eden Estates subdivision), and on th~ west, south and east by residential developments. The property is currently accessed from the northwest via. Iveta Harvancik Page 2 October 13, 2006 S4100E an unpaved road from Mt. Eden Road, and from the south via Vista Regina Court. A common roadway is to be constructed near the crest of a north-south trending ridge, which connects to a proposed emergency access road leading to Vista Regina Court at the southern end of the property. As noted in previous geotechnical review memorandums, development of the property is constrained by landsliding and downslope creep on site slopes, expansive surficial materials and susceptibility to strong seismic ground shaking. In our previous review memorandum (dated April 20, 2004), we recommended geotechnical approval of the Tentative Map with the condition that the Consultant perform a geologic and geotechnical review of the revised entrance road alignment and the submitted erosion control plan. We also recommended that all geotechnical aspects. of proposed subdivision- improvement plans be evaluated and formally approved by Pacific Geotechnical Engineering. CONCLUSIONS AND RECOMMENDED ACTION The referenced Improvement Plans have been updated but are generally similar to the previously submitted Development Plans, dated May 2003. There have been apparent changes to proposed fill placement along the Emergency Access Road and along the New Court providing access to Lot 5. We are concerned about the potential for adverse slope stability impacts associated with placement of fill materials on native slopes and recommend that currently proposed project grading be evaluated in detail by Pacific Geotechnical Engineering. We anticipate that some of the grading indicated on the referenced plans will need to be modified: Other specific comments on the submitted plans should also be addressed by the Project Geotechnical Consultant prior to design approval. We understand that the proposed southern entry road alignment revision has been abandoned due to increased knowledge of geologic constraints, and that the entry road will. be returned to a more northerly alignment. However, we have not received an updated mitigation plan and cross-section depicting the extent and depth of Landslide I and the nearby "Ols" as requested in our previous review memorandum. We note that the submitted Improvement Plans do contain a note about mixing expansive colluvium with rion-expansive granular material; however, a recommended minimum percentage of granular material was not specified on project plans. We also have not received drainage plans or erosion control plans for the project. Prior to geotechnical approval of the Improvement Plans, these supplemental documents to address the above items should be submitted and reviewed by our office. Iveta Harvancik Page 3 October 13, 2006 S4100E Over this last winter, significant landsliding occurred extending into the northeastern portion of the subject property. The Project Geotechnical Consultant should address mitigation measures that could be utilized to reduce adverse impacts to the property from this area of active landsliding. We recommend that the following Items 1 and 2 be satisfactorily addressed prior to geotechnical approval of Improvement Plans. 1. Geologic and Geotechnical Review of Subdivision Improvement Plans -The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., setbacks, roadway and building site locations, site prepazation and grading, landslide mitigation measures, erosion control plan, and design parameters- for roadways, retaining walls and other improvements) to ensure that all recommendations have been properly incorporated into the plans. Specifically, the Consultant shall address the following items: • The plan review letter shall include a written geologic and geotechnical evaluation of the revised entrance road alignment, and be accompanied by a revised geotechnical mitigation plan and cross section (I-I') depicting the new alignment, probable lateral extent and depth of Landslide I and nearby Ols, and modified mitigation measures. • Tlie Project Geotechnical Consultant previously recommended that expansive colluvium and granular rock material be mixed to help mitigate potential creep associated with expansive fills. The Project Geotechnical Consultant shall confirm that the grading plan includes a note that satisfies the recommended mix specification (minimum percentage of non-expansive granulaz material) and methodology to ensure thorough mixing. • In the previously submitted geotechnical investigation, dated February 5, 2003, the Consultant recommended that a maximum of 6 feet of artificial fill be placed on property slopes. In the referenced Improvement Plans, we note several locations in the roadway sections that depict proposed artificial fill exceeding recommended maximum fill depths. We are concerned about the stability impacts of proposed fill prisms on steep slopes around the site. The Consultant shall address this concern and provide any appropriate design revision recommendations. • Iveta Harvancik October 13, 2006 -~ Page 4 S4100E The Geotechnical aspects of proposed site drainage design shall be evaluated including the specific locations of proposed drainage dissipation structures. Water discharge onto steep slopes near the toes of fill prisms should be IILn~m»ed. The plan reviews shall be summarized by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer and City Geotechnical Consultant for review and approval prior to construction of subdivision improvements. Prior to submittal of formal written evaluations, we recommend that the Consultant contact our office to discuss rema;r,;ng geotechnical design issues. 2. Active Landslide. Evaluation -The Project Geotechnical consultant shall evaluate and address mitigation measures that could be utilized to reduce adverse impacts to the property from active landsliding (extending into the northeastern portion of the property). We suggest that the. Consultant prioritize mitigation measures that should be considered (by the applicant or adjacent property owners) prior to significant winter precipitation. 3. Geologic and Geotechnical Field Inspections During Project Construction -The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction.- The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for keyways, roadway subgrade, drainage trenches and foundations prior to the placement of engineering fill, drains, steel and concrete. The Project Engineering Geologist shall map geologic exposures in excavations and use the data to prepare a Final Engineering Geologic Map and Cross Sections of as-built conditions. Specific data pertaining to the depth and extent of colluvium and landslides, and orientation of bedrock structure, shall be recorded and incorporated into the as-built drawings. The results of these inspections and the as-built conditions of the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s), accompanied by as- built drawings, and submitted to the City Engineer for review and approval prior to final project approval and acceptance of subdivision conditions. Following the City's acceptance of subdivision improvements, site-specific investigations will need to be performed on Lots 1 through 5 prior to Geotechnical Clearance for these lots. Iveta Harvancik Page 5 October 13, 2006 54100E This review has been performed to provide technical advice to assist the City of Saratoga in i discretionary permit decisions. Our services have been limited to review of the documents previously identified, and a visual review of the property. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties, either expressed or implied. r~ • • • Attachment 2 • • • • . Item 3 • REPORT TO THE PLANNING COMMISSION Application No./Location: Applicant/Owner: Staff Planner: Date: APN: 503-13-067 #03-218 -Mount Eden Road William Wai Yan Ho Ann Welsh, AICP -Associate Planner October 27, 2004 Department Head: ., ~~~ bdivi i f Fb S di `~ ~ ' s on u us o Q 500 ft. ra ~ ~ Parcels w Rhin 500 ft ~ ~-. ~ `~ ~ ~~ DE L ~ _ ~ l~oL ` _ _ ~~~ VILLA f:Y.Sl~p ~ - \ _ ~~ ~ ~~ ~ _ -- ~; \ r ~ ~ ~ ~ ,, ,, __ i ~ -F~= ` / \ ~ ~ ~ h1T E D i ~ ~ AQU O CT ~) / ~ . . 1 ~ ~ _ ~" ~ ~H E ~,~15~~ ~~ ((r~ d' MT E E RD G ~ Y.~~L, ~R~~~x~.''~ _ +~ ' ~ ~ RE ~ • ., ~ t MT EDEN R DE R TRAIL CT f;~, ~~~~ ~ ~ ~ ~ P `~ QUA • ` ` YCfi'{~CIARD, a ;, ~ ,~ ~ \ ~ ~~ E - R V ~~' ~ i ~ i PI D ~~ ~ / ~ ~. ~~ ~ ~ •; ~ ~ , __•VIP j / ~ '~, ! ;L I ~•~ 0 250 500 750 1000 1250 ft DAM ', LN T E •.. RD I~ i ,~`'~,~ua t .::: ", • HO SUBDIVISION -MOUNT EDEN ROAD ©d~~ ap,. EXECUTIVE SUMMARY CASE HISTORY Application filed: 9/23/03 Application complete: 4/14/04 1St Notice published: 4/14/03 ls` Mailing completed: 4/16/04 1St Posting completed: 4/07/04 1St Public Hearing 4/28/04 Study Session 8/25/04 2"d Notice published: 10/13/04 2na Mailing completed: 10/15/04 2na Posting completed: 10/6/04 PROJECT HISTORY This project was the subject of a Public Hearing on April 28, 2004 at which time the Planning Commission voted to continue the application to a study session in order to better evaluate the environmental, cultural, geotechnical and access aspects of the proposal. The applicant submitted a Biotic Assessment of the parcel and produced information on the historical and cultural resources of the property. A Study Session was held on August 25, 2004 at which time an informal discussion took place between the applicant and the Planning Commission. In response to the environmental and traffic concerns related to the development, the applicant has revised the plans. Moreover, additional conditions are incorporated into the resolution to address mitigation of the environmental and access issues. PROJECT DESCRIPTION The applicant proposes to subdivide a 29.28-acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul- de-sac. The Zoning Ordinance allows clustering of lots in the Hillside Residential District under the provisions of a Use Permit provided a number of requirements are satisfied. The plan addresses these requirements. The parcel is steeply sloped with an average slope of 21.8%. The site contains a large area of MD deeply moving soils, which are restricted from development. The property is the site of a former spring and was in the past known as Springdale Farms. A riparian corridor traverses the property running in a north, south direction. The site topography i. Ho Subdivision -Mount Eden Road Application # 03-218 n o~n~O~ rises above the creek on both sides forming two distinct, relatively open areas. The open areas are vegetated primarily by native grasses while most of the trees on the site are confined to the creek .area. A notable exception is the upper areas of the proposed Lot S where Oak woodland exists. The parcel is surrounded by residential land uses at a relatively low density. The parcel has no public road frontage and access is provided from Mount Eden Road via a 60-foot wide access easement. STAFF RECOMMENDATION Approve the Subdivision application with conditions by adopting the attached Resolution for application # 03-218. ATTACHMENTS 1. Staff Analysis 2. Draft Resolution for application 3. Initial Arborist Report dated October 15, 2003 4. Complete Arborist Report dated February 7, 2004 5. Saratoga Fire District report dated October 22, 2003 6. City Geotechnical Review revised report - Apri120, 2004 7. Fehr i~ Peers, Traffic Engineer report, March 18, 2004 revised report dated July 22, 2004 8. Santa Clara Valley Water District review dated April 8, 2004 9. Cupertino Sanitary District letter dated March 24, 2004 10. Certificate of Mailing 11. Correspondence from Neighbors 12. Environmental Initial Study 13. Biotic Evaluation for Lands of Ho prepared by Live. Oak Associates, June 16, 2004 14. California Historical Resources Information System letter May 20, 2004 15. Cultural Resource Evaluation of Approximately 28 acres Located off Mount Eden Road in the City of Saratoga, California prepared by Archeological Resource Management, January 9,.1998. 16. Plans, Exhibit °A° dated August 2003, date stamped April 16, 2004, C~ Ho Subdivision -Mount Eden Road Application # 03-21$ `~ n~) V~V®V~ STAFF ANALYSIS ZONING: Hillside Residential District GENERAL PLAN DESIGNATION: RHC -.Residential Hillside Conservation MEASURE G: Not applicable PARCEL SIZE: 29.28 acres AVERAGE SITE SLOPE: Average Slope of parcel is 21.8%. GRADING REQUIRED: The proposed subdivision requires 11,425 cubic yards of cut and 10,848 cubic yards of fill for the new court and the emergency access road. Grading calculations will be submitted for each parcel as part of the Design Review process. ENVIRONMENTAL DETERMINATION: The proposed project consisting of subdivision of a parcel into five clustered lots and retaining 19 acres of open space is subject to environmental review under CEQA. An. Environmental Initial Study and Mitigated Negative Declaration was prepared. After study and .evaluation, staff has determined pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the. Ci 's independent judgment, that the following .described project will have no signific nt effect (no substantial adverse impact) on the environment within the terms and eaning of said Act if the recommended mitigation measures are carved out as a condition of plan approval. • 4. Ho Subdivision -Mount Eden Road Application # 03-218 ~~~®®.;~~ • o~o~~~ HR- HILLSIDE PROPOSED, .CODE REQUIREMENTS RESIDENTIAL DISTRICT- LO T AREA 1.71 ACRES (AVG.) 20,000 sQ. FT. MIN. CLUSTERED CLUSTERED FRONT . 20% OF LOT DEPTH 30 FT OR 2O% OF LOT DEPTH WHICHEVER IS GREATER SIDE l O% OF LOT DEPTH 2O FT OR l O% OF LOT DEPTH WHICHEVER IS GREATER REAR 25 % OF LOT DEPTH 2S% OF LOT DEPTH OR 60 FT WHICHEVER IS GREATER NUMBER OF LOTS 5 LOTS 5 LOTS CONFORMING LOT DESIGN 4 LOTS 5 LOTS CUL-DE-SAC . 40 FT ROW & 26 FT PAVING 40 FT ROW & 26 FT PAVING LoT DEPTH 220 FT To 280 FT 150 FT LoT WIDTH 200 FT To 280 FT 150 FT • 5. Ho Subdivision -Mount Eden Road Application#03-21~~~^~ - PROJECT DISCUSSION USE PERMITI ZONING REQUIREMENTS Subdivision of the 29.28-acre parcel into five clustered lots requires granting of a Use Permit. The Use Permit can be granted provided the plan complies with the requirements as outlined in Section 15-13.060 of the Zoning Ordinance. (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 hihing trails. The subdivision meets this requirement since the applicant proposes to dedicate a pedestrian equestrian trail through the Open Space. Much of the open space area is not buildable due to geotechnical problems and clustering of the lots allows the applicant to concentrate development in the buildable portion of the lot and allow the remainder to be dedicated as open space. (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. Since the 29-acre site has an average slope of 21 percent, the non-clustered subdivision would require lots to have approximately a 3-acre minimum lot area. If the- plan depicted five 3 -acre lots, the remaining open space would be 14.23 acres. Since the plan proposes. to dedicate 19.49 acres to open space; an equal or greater area of land, which is dedicated as open space, offsets the reduction in lot size. However, the plans depict the open space as private open space with apedestrian/equestrian trail winding through the private open space area. The Use Permit provisions of the Zoning Ordinance require that clustered subdivisions dedicate the open space as public open space. The submitted plans describe the open space as private open space. In order to comply. with the requirements for granting a Use Permit, the open space must be offered to the city for dedication with the trails as depicted on the plans. The city will upon the offer of dedication, decide to accept or decline the offer of dedication. (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 frompublic lands, streets and highways. Clustering development to the west side of the parcel does reduce the amount of disturbance of the site and minimize the amount of impervious coverage, the length of streets and the amount of grading. ~~ 6. Ho Subdivision -Mount Eden Road /'~~f Application # O~~V~ V • (4) No single lot has a net site area of less than twenty thousand square feet. The average size of the clustered lot is 1.71 acres or 74,487 square feet, which exceeds the 20, 000- square foot minimum. (5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula: N = 0.5 - .OOSS Where N =the net site area per dwelling unit = 2.007 acres S =the average slope in percent, according to the formula S = (.00229xIL)/A = 21.8% The above formula would allow the parcel to be subdivided into a minimum of 81ots. Since the submitted plan proposes 5 lots which is less than the maximum permitted in the formula this requirement is addressed. (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 Ordinanc Section 15-45.030. In no case shall a single unit exceed seven thousand two hundred square feet in area. The applicant has provided conceptual plans for the homes pro osed on the site. These plans will have to undergo Design Review under a separate application. The 7,200 square foot floor area maximum will be upheld in the Design Review process. (7) The clustering of building sites will result in greater preservation of the natural terrain. The site plan retains the entire eastern slope of the parcel as open space and clustering the lots allows this design which does preserve the natural terrain of the site to a greater extent than if the parcel were subdivided into larger lots. (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. The applicant proposes a reduced intensity of use for the parcel since five lots are proposed on the 29-acre site. The specific details of development for each lot shall be addressed at a future date in the design review, process for each parcel. (9) The clustered development shall be connected to a sanitary sewer system. • Ho Subdivision -Mount Eden Road Application # ~8',!'~~~~ The Cupertino Sanitary District has reviewed. the plans and indicates that service can be provided for the site with the provision that roof drains -and other general surface runoff water or condensate from any residential HVAC equipment not be discharged Into the sanitary sewer. In summary, the plans comply with the zoning requirements for granting a Use Permit to cluster the lots on parcels less than 3 acres in area. SUBDIVISION REGULATIONS 1. Conforming Lot Dimensions The subdivision regulations require that "so far as practical, the side lot lines of all lots shall run at right angles to the street upon which the lot faces or radial if the street is curved" (Section 14- 25.040). Lot 1 on the tentative map fails to comply with this design standard. The dimensions of this lot should be revised to comply with this requirement. 2. Street Design The Tentative- Map depicts a 40-foot R-O-W with a 26 foot paved road, which complies with the street right of way requirements for hillside local streets in the Table 1 of the Subdivision Regulations. 3. Distance Between Intersections Section 14-25.030 of the subdivision regulations recommends th t intersections be separated by a minimum of 250 feet. The plans depict the access road into the ubdivision approximately 250 feet from the intersection'of Mount Eden Road and Villa.Oaks Lane. This location has been revised m response to the traffic engineer's recommendation regar g line of sight along Mount Eden Road. 4. Cul-de-Sac Streets Section 14-25.030(d) states that no cul-de-sac shall exceed 500 feet in length. The plans depict a cul-de-sac approximately 1,200 feet in length. However, by providing an emergency access road through to Vista Regina the road technically does not function as a cul-de-sac for emergency purposes: The logic for prohibiting cul-de-sacs that exceed 500 feet in length is to maximize the accessibility of an area for emergency access. The proposed emergency access road addresses the emergency accessibility issue while retaining the limited accessibility of a cul-de-sac. COMMUNITY INPUT The applicant held a neighborhood meeting at the Community Room of the Saratoga Library on January 29, 2004 at 7:00 pm where he presented the development plan. Invitations were sent to approximately 50 property owners with parcels within 500 feet of the proposed subdivision. Approximately 10 neighbors were in attendance and numerous issues were discussed. In addition, this project has generated substantial amounts of correspondence from the surrounding neighbors since the project was first proposed. These letters are included as an attachment. The major issues that the neighbors identified are summarized below. The italicized response to the neighbor's concern is staff's response the concern. 8. Ho Subdivision -Mount Eden Road Application # 03-218 ® ~~~~~J 1. Storm drainage -increased impervious, surfaces will raise the water level of the seasonal creek that flows through the property. The applicant will be required to minimize impervious surfaces on the site and retain as much storm water on site as possible. 2. Sewage -the sewage system will be overwhelmed by the increased flow. The Cupertino Sanitary sewer district has reviewed the plans and they state that sewer service can be provided for the project. They recommend that storm water from surface drains and other general surface water or condensate from any residential HVAC equipment. shall not be discharged to the sanitary sewer. 3. Increased Traffic on Vista Regina The emergency access road from Vista Regina to the subdivision cul-de-sac will be used for emergency purposes only and thus will be an asset for the Vista Regina neighbors who presently have no alternative means of egress incase of an emergency. 4. Environmental Impact on Riparian Corridor Biotic Evaluation of Lands of Ho prepared by Live Oak Associates contains mitigation measures, which shall be -made conditions of approval of the subject application.- These are summarized below. • Conduct surveys of the project area in the April prior to proceeding with any grading to determine if special plant species exist and if mitigation will be required. If special status plant species are identified, a Special Status Plant Species Mitigation and Monitoring Plan will be prepared. • .Determine if seasonal drainage channels are under USACE, CDFG and/or . RWQCB jurisdiction and if necessary submit appropriate permit applications. • Based on archival research and the surface survey, there are no known prehistoric resources within the project area. In the event however, that archeological traces are encountered, all construction within afifty-meter radius of the find should be stopped, the Planning Commission notified, and an archaeologist retained to examine the find and make appropriate recommendations. 5. Construction Traffic, Noise Dust The applicant will be required to submit a construction schedule and phasing plan prior to issuance of a building permit and final zoning clearance. Dust will be minimized by wetting down the site in areas of disturbance. 9. Ho Subdivision -Mount Eden Road Application ~$'' ®~® 6. Place a bond to cover the cost of correcting any problems that may arise from development including landslides 12. Concern about the impact ofhomes onviews - do not project above the ridgeline. . and drainage issues. 7. Require a maintenance agreement among the common owners to maintain the sewer and drainage lines. 8. Vista Regina residents do not want theirpump system used by this development. 9. Do not fence off the area -allow the flow of wildlife The zoning ordinance prohibits fencing more than 4,000 square feet and retaining 19 acres in open space will help retain the flow of wildlife. 10. A clause should beplaced in the deed of the properties that state that buyers recognize that they are moving into a rural environment and they cannot complain about the smells that accompany livestock. 11. Developer must comply with specific hours for construction. Construction activities may be conducted between the hours of 730 am and 6:00 pm, Monday through Friday. Subdivision construction is not permitted on Saturday, Sunday or other holidays. A notice of applicable construction hours shall be posted conspicuously on the site at all times. The application at issue. is the subdivision. of this parcel. Although conceptual house plans were submitted they are not the subject of review at this time. The applicant submitted cross- sections for each lot and lots 1 through 4 do not extend more than a few feet above the ridgeline. The Lot 5 cross section projects above the ridgeline but since the ordinance limits the height above the ridgeline to a maximum of 12 feet, the when this parcel comes up for design review the height will be held to that limit. 13. Developing five homes on the lot is too dense. The zoning ordinance permits the proposed density. 14. Increased development in the hills will displace many animals red tailed hawk lives in the area (an endangered species). A qualified ornithologist must conduct aprotocol-level pre-construction survey for nesting- raptors (including both tree and ground raptors) onsite within 30 days of the onset of ground disturbance or tree removal. If a nesting raptor is detected, an appropriate construction buffer must be established. 15. Numerous slides have occurred on the property, the site must be carefully constructed and engineered to avoid problems. lo. Ho Subdivision -Mount Eden Road Application # 03-218 ~~®~ The applicant has done extensive geotechnical investigation of the site and received geotechnical approval for the five lots, which are located in the most stable portions of the property. 16. Since the Ho property is unstable, if it slides in the future and the property becomes unusable will the owners be required to dismantle the development? The City has property maintenance codes (Section 16.-20.070) which requires abatement of unsafe or unstable structures. A special assessment may be levied on the property to defray the costs of the abatement. 17. The Ho property access road is too close to the Huerta property. Mr. Ho has acquired the former Huerta property and the new access location is overlain on the previous Huerta driveway location. 18. The construction of 5 homes on this parcel puts all of the homes below at undue risk of flooding and drainage issues. 19. The access road is too wide and should be narrowed to fit with the character of the area. It should be narrowed to private driveway sized road (i.e.12 feet in width). The road complies with the subdivision design standards for hills'de streets. An exception to the design standards would be needed to reduce the road width. 20. Clustering of homes will destroy the rural character of the hillside and the urrounding area. The homes should be spread out through theparcel. The, rural character is preserved in part by the retention of 19 acres of open space, the creation of a trail and preservation of the riparian corridor. 21. A visual and noise buffer (i.e. fence and landscaping) is needed between the access road and the rear yard of parcels abutting Mount Eden Road The applicant may be required to provide additional plantings along the access road where parcel abuts the rear of the Mount Eden Road lots. 22. The trail should allow access for all persons not living in the proposed subdivision it should be available to all. The trail is to be a public pedestrian and equestrian trail. 23. The access road to the development will negatively impact the privacy of the adjacent neighbor. An independent consultant should review the safety of this access location • u. Ho Subdivision -Mount Eden Road Application # 0]a8?.~~~~ The access road was submitted to the traffic engineer for review and they recommended the current location. The applicant may be required to provide a landscape buffer to mitigate the impact of the access road on adjacent properties. . 24. The horse trail should extend to Mount Eden Road and not just to the access road The trail extends to Mount Eden Road, this revision was made on the most recent draft of the plans. The above concerns were raised in correspondence from the neighboring property owners. The majority of these concerns are addressed in the conditions of approval under the attached resolution. TRAFFIC ENGINEER The City's traffic engineer, Fehr &t Peers reviewed the plans on March 18, 2004 and July 22, 2004. The revised access road is proposed 200 feet south of Villa .Oaks Lane. The. revised driveway includes both inbound and outbound access separated by a median with large trees in the center. The purpose of dividing the inbound -and outbound lanes is to orient the outbound lanes in a manner that has less of an impact in terms of light and glare on the neighbor opposite the driveway. This revised driveway location also retains a number of eucalyptus trees which screen the driveway from neighboring properties. The traffic en ineer recommends that the entrance gate be setb ck at least another ten feet to g provide for two vehicles queuing off of Mount Eden Road. T is recommendation has been incorporated into the latest revisions. The .city does not have a formal policy prohibiting private gated roads. However, there is little precedent for gated communities within the City limits. The Planning Commission might address the implications of this proposal. In terms of traffic impact, the proposed project would generate approximately 10.5 trips per day per household. This equates to 52.5 trips per day generated by the development. (Source: San Francisco Bay Area 1990 Regional Travel Characteristics: Working Paper #4). COMMUNITY DEVELOPMENT 1. Staff recommends that Exhibit "A", the submitted plan prepared by Hanna ~ Brunetti dated September 2004, afive-lot subdivision of parcel # 503-13-067, be approved with the following revisions. A revised tentative parcel map and supporting documents must address the following items: 2. A storm water retention plan shall be provided indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. The storm water management plan shall comply with all design iz. Ho Subdivision -Mount Eden Road +~ Application #~~~~,~7 requirements mandated by the current National Pollution Discharge Elimination. (NPDES) permit. 3. A grading and drainage plan shall be submitted and this plan shall be reviewed and approved by the Ciry Arborist and the Community Development Department. 4. Soil and Erosion Control Plans -The applicant should submit a soil and erosion control plan which- identifies the techniques for minimizing the impact of disturbance on adjacent properties. 5. A revised landscape plan shall be submitted which provides additional buffer and fencing between the parcel 503-13-139 and the proposed access road,. 6. A statement of covenant, conditions and restrictions (CC~stR's) .shall be provided which addresses the long term maintenance of the on site storm water retention structures and landscaping along the access road. 7. The applicant with the revised tentative map shall furnish a construction schedule plan. This schedule shall identify the various phases of development, construction of the cul-de-sac, installation of landscaping along the road frontages, and phasing of development of each building lot. The approximate number and size of vehicles involved in each phase of the development shall be identified in this construction schedule plan. 8. .Conduct surveys of the. project area in the April prior to proceeding with any grading to determine if special plant species exist and if mitigation will. be required. If special status plant species are identified, a Special Status Plant Species Mitigation and Monitoring Plan will be prepared and submitted to staff for review. 9. Determine if seasonal drainage channels are under USACE, CDFG and/or RWQCB jurisdiction and if necessary submit appropriate permit applications. 10. A qualified ornithologist must conduct aprotocol-level pre-construction survey for nesting raptors. (including both tree and ground raptors) onsite within 30 days of the onset of ground disturbance or tree removal. If a .nesting raptor is detected, an appropriate construction buffer must be established. 11. In the event that archeological traces are encountered, all construction within a fifty-meter radius of the find should be stopped, the Planning Commission notified, and an archaeologist retained to examine the find and make appropriate recommendations. Comments on the proposed plan from various departments are provided below. PUBLIC WORKS 1. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) _ shall _cause_the_property_ to be _ surveyed by_ a Licensed Land Surveyor _ or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property 13. Ho Subdivision -Mount Eden Road Application #~~~`~~-~ corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the. City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information.required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 3. ,The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Ciry Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. 7. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. 14. Ho Subdivision -Mount Eden Road. Application # 03~®~~ 8. Encroachment Permit shall be issued by Santa Clara County Roads and Airports Department prior to any work commencing in the County right-of-way. All conditions required by the Roads and Airports Department shall be fulfilled prior to final subdivision approval. 9. The applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit for Santa Clara Basin. Post-construction operation and maintenance of storm water treatment Best Management ,Practices (BMP's) shall be the responsibility of individual homeowners or Homeowner's Association, if applicable. Maintenance Agreement between the Cityand Homeowners Association shall be approved prior to Final Map Approval. The Agreement shall secure public access easement to each BMP for inspection purposes by the City inspectors. The Agreement shall be recorded into the individual deed records or shall be part of CCR's recorded prior to final subdivision approval. 10. A line of sight study prepared by a licensed engineer shall be submitted to verify that the intersection of access road with Mt. Eden Road will be safe, prior to Final Map approval. 11. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval. 12. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts .determined by the Public Works Director prior to Final Map approval. 13. The owner (applicant) shall furnish a written indemnity. a Bement and proof of insurance coverage, in accordance with Section 14-05.050 of the Muni lpal Code, pnor to Final Map . approval. 14. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments hom all public and .private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve .the subdivision. 15. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to Ciry Engineer. . 16. The owner (applicant) shall pay the applicable Park Development fee prior to Final Map approval. The fee is $20,700 per additional lot or $82,800. This fee assumes that the fee in lieu of dedication of public open space will be assessed upon the property owner. 17. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished. to the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to 15. ' Ho Subdivision - Moun~d~~~± Applicat ~1Y the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. 18. All building and construction related activities shall adhere to New Development and Construction -Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. GEOTECHNICAL CONSULTANT 1. The Project Engineering Geologist and Project Geotechnical Engineer shall review. and approve all geotechnical aspects of the final development plans (i.e., setbacks, roadway and building site locations, site preparation and grading, landslide mitigation measures, erosion control plan, and design parameters for roadways, foundations, retaining walls and other improvements) to ensure that all recommendations have been properly incorporated into the plans. The plan review letter shall include a written geologic and geotechnical evaluation of the revised entrance road alignment, and be accompanied by a revised geotechnical mitigation plan and cross section (I-I') depicting the new alignment, probable lateral extent and depth of Landslide I and nearby Ols, and modified mitigation measures. The Project Geotechnical Consultant previously provid ~ d a recommended mix of expansive colluvium and granular rock material to help mitig to potential creep associated with expansive fills. The Project Geotechnical Consultant sh uld confirm that the grading plan includes a note that satisfies the recommended specification (minimum percentage of non-expansive granular material). The plan reviews shall be summarized by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer and City Geotechnical Consultant for review and approval prior to construction of subdivision improvements. 2. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for keyways, roadway subgrade, drainage trenches and foundations prior to the placement of engineering fill, drains, steel and concrete. The Project Engineering Geologist shall map geologic exposures in excavations and use the data to prepare a Final Engineering Geologic Map and Cross Sections of as-built conditions. Specific data pertaining to the depth and extent of colluvium and landslides, and orientation of bedrock structure, shall be recorded and incorporated into the as-built drawings. The results of these inspections and the as-built conditions of the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s), accompanied by as-built drawings, and submitted to the City Engineer for review and approval prior to final inspection of the subdivision improvements. - 16. Ho Subdivision -Mount Eden Road APPiication~~~~~ 3. Prior to Geotechnical Clearance for lot developments, site-specific geotechnical investigations shall be performed on Lots 1 through S. As part of these investigations, the . applicants' geologic and geotechnical consultants shall: (1) review the data presented in the above referenced documents, and pertinent data provided in reports cited in those documents, (2) perform supplemental subsurface exploration and laboratory testing, as needed, to adequately identify the extent and depth of surficial materials (e.g., fill, colluvium, and landslide deposits), (3) evaluate the long-term stability of slopes on the lots (including artificial and natural slopes), and (4) provide complete geotechnical design recommendations for the proposed construction. The investigations should include, but not necessarily be limited to the following: a. Grading and Drainage Plans depicting proposed cuts, fills and drainage improvements shall be submitted for each proposed residential development. .The plans also shall clearly depict building footprints, and landslide margins and construction setbacks from potentially unstable slopes. The Project .Engineering Geologist and Geotechnical Engineer should evaluate all geotechnical aspects of proposed development plans. b. The geotechnical conditions in the building footprints (including driveways and parking areas) on each lot should be explored, and representative earth materials (i.e., bedrock, colluvium, artificial fill, etc.) should be sampled and tested to provide engineering .parameters for foundation and retaining wall design. The geotechnical consultants should specifically: (1) determine the thickness of surficial materials (e.g., artificial- fill and colluvium) on the property, and (2) perform sufficient laboratory testing to characterize the density, strength, expansiviry and other pertinent physical properties of the subsurface materials to below the depths of basements and anticipated foundations. Recommendations for drainage improvements, should be provided, as well as specific recommendations for structural foundations, as needed. c. We recommend that the project geotechnical consultant for individual lots consider the long-term benefits of providing piers with minimum reinforcement of four, no. 5 vertical bars in a cage and at least 8 feet embedment into bedrock. The final foundation design criteria should be based on asite-specific investigation of each lot. . d. Detailed engineering geologic cross sections shall be prepared (at a scale of 1 inch = 10 feet) to depict the natural and artificial slope. profiles (thus, proposed cuts and fills), locations and depths of exploratory probes, depth and orientation of various earth material units, and proposed improvements. Reference shall be made to final (as-built) geologic cross sections prepared by Pacific Geotechnical Engineering. e. The results of the site-specific geotechnical investigations shall be summarized in written reports with appropriate illustrations, and submitted to the Ciry. to be reviewed and approved by the Ciry Engineer and City Geotechnical Consultant prior to Geotechnical Clearance for each lot.. 17. Ho Subdivision -Mount Eden Road. Application ~~v~~~ f. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final foundation and grading plans (i.e., building setbacks, site drainage improvements and, design parameters for roadways, foundations, retaining walls, etc.) to ensure that the consultants' recommendations have been properly incorporated. g. The results of the plan review shall be summarized in a letter(s) by the Project Engineering Geologist and Project Geotechnical Engineer and submitted to the City for review and approval by the City Engineer prior to issuance of a Grading Permit for each individual lot. h. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project demolition and construction. These inspections should include, but not necessarily be limited to: site surface and subsurface drainage improvements, excavations for removal of foundations and structures, and excavations for roadway construction and prior to the placement of steel, concrete and fill. i. The results of these inspections and' the. as-built conditions of the project shall be described in a letter, and on revised (final) geologic maps and cross. sections, and submitted to the City Engineer for review prior to finalization of the grading permit for each individual lot. 4. The owner (applicant) shall pay any outstanding fees associa ed with the City Geotechnical Consultant's review of the project prior to Tentative Map appro al. 5. The owner a licant shall enter- into a Bement holdin t e Clt of Sarato a harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. FIRE PROTECTION DISTRICT 1. Property is located in a designated hazardous fire area. 2. All fire hydrants in the designated hazardous fire area shall be located within S00' from the residence and deliver a minimum 1000 gpm for a sustained period of 2 hours each at 20-psi residual pressure. Required fire flow could not be determined due to building floor areas and construction types not given, there may be a substantial increase of minimum required -flow. (City of Saratoga Code 14-30:040 [c], as required by Saratoga Fire District) 3. Fire hydrants: developer shows three (3) hydrants to be installed. Such hydrants shall meet the requirements listed in item 2 above and Saratoga Fire District's .specifications. Hydrant(s) shall be installed and accepted prior to construction of -any building.. (City of Saratoga Code 14-30.040 [a]) 4. Roof covering for all dwellings shall be fire retardant and comply with the standards established for Class A roofing. Replacement less than 10% total roof area shall be exempt. (City of Saratoga Code 16-15.080) 18. Ho Subdivision -Mount Eden Road Application # 03-]518 GG - ~~~~~ 1~ 5. Early Warning Fire Alarm System shall be installed and maintained for all dwellings. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to Saratoga Fire District for approval. (City of Saratoga Code 16-60) 6. Automatic sprinklers shall be installed for all new dwellings including garage, workshop, storage areas and basement. An NFPA 13R sprinkler system with a single 2.5" Fire Department Connection (FDC) and 4 head calculation is required, for each dwelling. The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Documentation of the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. The sprinkler system and underground water supply must be installed by a licensed contractor. (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures #500 sq ft) 7.. Access Road: (applies to both new Court and emergency access road) a: Minimum width shall be 20 feet with aone-foot shoulder on each side. b: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2:2.1) c: Maximum road slope shall not exceed eighteen percent (18%) for more than fifty (50) feet. d: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and adouble-coat oil and screening surface. e: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. f: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. Note: emergency access road should be shown to connect to Vista Regina, not Via Regina. Driveways: All new or improved driveways serving a single dwelling shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side. (City of Saratoga Code 16- 15.200, as required by Saratoga Fire District) a: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) b: Maximum driveway gradient shall not exceed eighteen percent- (18%) for more than fifty. (50) feet. c: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and adouble-coat oil and screening surface. d: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. e: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. 9. The cul-de-sac at the end of the new access road and the turnaround at the end of lot 5 shall have a minimum 36 feet outside radius or an equivalent as approved by Saratoga Fire District. -- -- - . - - -- - --- - - - - - - - Ho Subdivision -Mount Ede~~'U+~~iJ' Application # 10. Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic loading. (City of Saratoga Code 16-15.200, as required by Saratoga Fire District) 11. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by Saratoga Fire District. Details shall be shown on building plans. 12. Security Gate: Any security gate width shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. If gates are electrically operated, provide emergency back up power or manual releasing mechanism accessible by the Fire District. (CFC 902.4) 13. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the. street or road fronting the property. (CFC 901.4.4) CITY ARBORIST 1. In a report dated February 7, 2004, the city arborist made a number of recommendations and observations regarding the impact of the proposed subdivision on the surrounding trees. The primary recommendations are outlined below. 2. The combined appraised value of trees planned for removal (#3, 7-11,13-18; 47-50, 55, 57, 68- 70 and 75) is $19,460.. Mitigation for their removal shall include installing 46 of the 50 new Coast Live Oaks (24-inch box size)' shown on the proposed landscape plans. 3. The combined appraised value of inventoried trees planned for retention equals $442,080. In accordance with the newly adopted Ordinance, a bond equivalent to 100% of this value is required to promote their protection. 4. The retaining wall shown through tree #2's trunk shall be redesigned to be no closer than 10 feet from the trunk. Soil excavation for the wall's footing shall be manually performed within 30 feet of the tree's trunk. All roots requiring removal of two inches and greater in diameter shall be cleanly severed and immediately wrapped in a plastic bag secured by tape or a rubberband. 5. The plans should be redesigned to show the following grading setbacks from the trunks of the listed. trees: ten feet from #23, 24, 26, 36 and 51-53; fourteen feet from #25; twelve feet from #66; fifteen feet from #29; and twenty feet from #27, 28, 31, 32, 67 and 78. 6. The portion of Sanitary Sewer Line proposed within 25 feet of tree #54's trunk and 20 feet from tree #56's trunk shall be tunneled by at least four feet below existing grade through horizontal boring. The planned three-foot depth near the manhole is acceptable. All pits shall be established as far from the trunks as possible. 7. _The_line in_ dicating the "Top of Cut" along the west side of the `New Court' road should be revised to correspond to the approved limits of grading. zo. Ho Subdivision -Mount Eden R~~^ -'~~~ Application # 03 V 8. The proposed grading shown on Sheets C3.1 and C3.2 beneath tree #72's canopy must be revised to conform to Sheet C4.10. 9. The proposed grading shown on Sheet L1.2 beneath tree #83's canopy should be revised to conform to Sheet C4.9. 10. The drain line proposed within proximity to tree #76 should be redesigned. I suggest establishing it between trees #78 and 79, at least 25 feet from tree #78's trunk, 20 feet from tree #79's trunk, and 25 feet from the trunk of anon-inventoried tree immediately east of #79 (shown as a 40-inch Oak). The trench for the line and dissipater must be hand dug where within the fenced area. All roots two inches and greater shall be retained during the process. 11. The trench for the proposed drain line beneath the western portion of trees #4, 5 and 6 shall be manually dug where within 15 feet of their trunks. All roots two inches and greater shall be retained during the process and tunneled beneath. 12. The locations of the following trees should be surveyed and shown on all applicable plans: #3, 14-18, 47-52, 56 and 73. I also suggest the location of tree #66's trunk is confirmed. Impacts to these trees cannot be fully assessed until this is performed. 13. Tree protection fencing must be installed precisely as shown on the attached map and established prior to any demolition, surface scraping, gradirtg or heavy equipment arriving on site. It shall be comprised. of five- to six-foot high ch in link mounted on two-inch diameter steel posts, driven 18 inches. into the ground and, sp ced no more than 12 feet. apart. Once established, the fencing must remain undisturbed a d maintained throughout the construction process until final inspection. 14. Where applicable, protection fencing shall be established no further than two feet from the road and retaining walls, one-foot from the approved limits of grading, and eight feet from the `Entrance Gate' building and home on lot 5. 15. The existing property boundary fence along the western boundary should remain intact throughout the development process. 16. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed) as well as beneath canopies of trees not inventoried for this report. These activities include, but are not limited to, the following: grading (both soil fill and excavation), surface scraping, trenching, storage and dumping of materials (including soil fill), and equipment/vehicle operation and parking. 17. Prior to commencing grading activities, the. limits of grading shall be staked and reviewed on-site with the grading contractor and City Arborist. 18. The removal of the existing road surface for the Emergency Access Road shall be carefully removed to avoid damaging roots located immediately beneath the asphalt. I suggest the hardscape is first broken into small pieces using a jackhammer. The pieces must then be manually lifted and placed on a loader. Any base rock covering visible roots shall remain ii. Ho Subdivision -Mount Eden Road Application # 03-~©~~~, intact. Please note the loader shall remain on pavement at all times and -off exposed soil and roots. 19. The existing culvert along the Emergency Access Road by trees #56, 57 and 59 shall be carefully removed to avoid damaging roots. 20. At the start of grading (during the months of March thru September), supplemental water shall be supplied to all trees where grading, or construction activities occur beneath their canopies. The water should be applied through soaker hoses or other approved irrigation system placed beneath mid- to outer-canopies at a rate of 10 gallons per inch of .trunk diameter every two weeks. 21. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides and pesticides used beneath canopies must be labeled for safe use near trees. 22. Great- care must be taken to avoid damaging the canopies of retained trees. As such, I suggest the portion of canopies encroaching in the -path of travel be pruned, as necessary, prior to beginning the demolition process or arrival of heavy equipment to the site. The pruning of trees shall be limited to removing deadwood one-inch and greater in diameter, reducing any heavy limb weight and clearing the path of travel for equipment and vehicles. All cuts four inches and greater in diameter must be reviewed~~and approved by the City prior to doing so. 23. The pruning and .removal of trees must be performed under s pervision of an International Society of Arboriculture (ISA) Certified Arborist and according to standards established by the ISA. Informatiori regarding Certified Arborists in the area can be obtained by referring to the following website: http://www.isa-arbor.com/arborists/arbsearch.html. 24. Irrigation shall not spray beneath the canopies Oak trees nor come into contact with trunks of other trees. Stones, mulch or other landscape features should be at least one-foot from trunks of retained trees. 25. The irrigation plan should be reviewed for tree impacts prior to approval. Irrigation trenches planned parallel to a trunk shall be no closer than 15 times the diameter of the closest trunk. Irrigation trenches installed radial to a trunk can be placed no closer than 5 times the diameter of the closest trunk and at least 10 feet apart at the canopy's perimeter. Irrigation spray .shall come no closer than five feet from a tree's trunk. Please note any trenches for electrical lines shall be installed by the same guidelines. TRAILS SUBCOMMITTEE The Trails Subcommittee has requested an additional. easement in the proposed development. The request is for a pedestrian-only easement that follows the route of the new road and the emergency access road to provide a trail loop. The existing proposed. trail and this easement should intersect at two places: near the entrance at Mt. Eden Rd. and at the upper end near Vista Regina. The plans should be revised to reflect this additional Basemen zz. Ho Subdivision -Mount Eden Road Applicati~(Z 1~~~ r ' CONCLUSION The tentative subdivision map for APN #503-13-067 should be approved on the condition, that the recommendations outlined in the reports from the Public Works Department, Geotechnical Consultant, Planning Department, City Arborist, Fire Department and Traffic engineer and Trails Subcommittee are addressed in the revised tentative map. STAFF RECOMMENDATION Staff recommends approval of this plan with revisions and adoption of the Resolution of Approval for application #03-218. • 23. Ho Subdivision -Mount Eden Road Application # 03-218 ~~~~~~ . • • Attachment 2 • ~~~~r RESOLUTION OF APPROVAL N0.04 - APPLICATION NO.03-218 CITY OF SAR.ATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, an application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Saratoga for Tentative Parcel Map approval to subdivide a 29.28-acre, Hillside Residentially zoned parcel located between Mount Eden Road and Vista Regina (APN 503-13-067) into five lots, or as more particularly set forth in File No. 03-218 of this City, WHEREAS, the Advisory Agency hereby finds that the proposed subdivision together with the provisions for its design and improvement is consistent with the General Plan. WHEREAS, the Advisory Agency held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City of Saratoga has .prepared an Initial Study and Mitigated Negative Declaration pursuant to the requirements of the California Envir nmental Quality Act (CEQA); and NOW THEREFORE BE IT RESOLVED: that the Tentative Parcel Ma for the hereinafter described subdivision, which map is dated September 2004, Date stamped ctober 19, 2004 prepared by Hanna and Brunetti, P.E. is marked Exhibit "A" in the hereinafter file, be and the same is hereby approved subject to the following conditions. COMMUNITY DEVELOPMENT 1. In order to comply with the requirements for granting a Use Permit, the open space must be offered to the city for dedication with the trails as depicted on the plans. The city will upon the offer of dedication, decide to accept or decline the offer of dedication. The plans must be revised to depict the open space as public lands and the trail as public pedestrian /equestrian trail. 2. A revised landscape plan shall be submitted which provides additional buffer and fencing between the parcel 503-13-139 and the proposed access road. 3. Plant a landscape buffer on the adjacent neighbors property (if agreeable to the neighbor at 22501 Mount Eden Road) to minimize the impact of the proposed access road in terms of glare. 4. A storm water retention plan shall be provided indicating how all storm water will be retained on-site, and incorporating the New ~ Development and Construction -Best 24. Ho Subdivision -Mount Eden Road Application # 0~'~~~~~ Management Practices. The storm water management plan shall comply with all design requirements mandated by the current National Pollution Discharge Elimination (NPDES) permit. 5. A grading and drainage plan shall be submitted and this plan shall be reviewed and approved by the City Arborist and the Community Development Department. 6. Soil and Erosion Control Plans -The applicant should submit a soil and erosion control plan which identifies the techniques for minimizing the impact of disturbance on adjacent properties. 7. A statement of covenant, conditions and restrictions (CC~StR's) shall be provided which addresses the long term maintenance of the, on site storm water retention structures and landscaping along the access road. The applicant with the revised tentative map shall furnish a construction schedule plan. This schedule shall identify the various phases of development, construction of ~ the cul-de-sac, installation of landscaping along the road frontages, and phasing of development of each building lot. The approximate number and size of vehicles involved in each phase of the development shall be identified in this construction schedule plan. 9. The applicant must comply with noise guideline associated with subdivision construction. Construction activities may be conducted between the h urs of 7:30 am and 6:00 pm, Monday through Friday. Subdivision construction is not pe "tted on Saturday, Sunday or other holidays. --- . 10. A .notice of applicable construction hours shall be posted conspicuously on the site at all times: . 11. The applicant shall retain a qualified environmental consultant to conduct surveys of the project area in the April prior to proceeding with any grading 'to determine if special plant species exist and if mitigation will be required. If special status plant species are identified, a Special Status Plant Species Mitigation and Monitoring Plan will be prepared and submitted to staff for review. 12. The applicant shall determine if seasonal drainage channels are under USACE, CDFG and/or RWQCB jurisdiction and if necessary submit appropriate permit applications. 13. A qualified ornithologist must conduct aprotocol-level pre-construction survey for nesting raptors. (including both tree and ground raptors) onsite within 30 days of the onset of ground disturbance or tree removal. If a nesting raptor is detected, an appropriate construction buffer must be established: 14. In the event that archeological traces are encountered, all construction within afifty-meter radius of the find should be stopped, the Planning Commission notified, and an archaeologist retained to examine the find and make appropriate recommendations. 2s. Ho Subdivision -Mount Eden Road Application # 03-218 ~~~~~~ 15. The applicant shall dedicate apedestrian-only easement that follows the route of the new road and the emergency access road to provide a trail loop. The existing proposed trail and this easement should intersect at two places: near the entrance at Mt. Eden Rd. and at the upper end near Vista.Regina. The plans should be revised to reflect this additional easement. PUBLIC WORKS 1. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall. show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act.. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance .with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within Winery (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified an the Final Map. If the owner (applicant) chooses to defer the .setting of interior monuments to a .specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. S. .The owner (applicant) shall provide. Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the .design and 26. Ho Subdivision -Mount E : t Application 1 improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Ciry Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. 7. The owner .(applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. 8. Encroachment Permits shall be issued by Santa Clara County Roads and Airports Department prior to any work commencing in .the County right-of-way. All conditions required by the Roads and Airports Department shall be fulfilled prior to final subdivision approval. 9. The applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit for Santa Clara Basin. Post-construction operation and maintenance of storm water treatment Best Management Practices (BMP's) shall be the responsibility of individual homeowners or Homeowner's Association, if applicable. Maintenance Agreement between the City and Homeowners Association shall be approved prior to Final Map Approval. The Agreement shall secure public access easement to each BMP for inspection purposes by the Ciry inspectors. The Agreement shall be recorded into the individual deed records or shall be part of CCR's recorded prior to final subdivision approval. 10. A line of sight study prepared by a licensed engineer shall ~ e submitted to verify that the intersection of access road with Mt. Eden Road will be safe, pri r to Final Map approval. 11. The owner (applicant) shall enter into an Improvement Agreem nt with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Ma approval. 12. The owner (applicant) shall furnish Improvement Securities iri accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 13. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 14. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 15. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. z~. Ho Subdivision -Mount Eden Road . Application # 03-218 ~~~~~~ 16. The owner (applicant) shall pay the applicable Park Development fee prior to Final Map approval. The fee is $20,700 per additional lot or $82,800. This fee assumes that the fee in lieu of dedication of public open space will be assessed upon the property owner. 17. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the Ciry Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the Ciry Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. 18. All building -and construction related activities shall adhere to New Development and Construction -Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. GEOTECHNICAL CONSULTANT Geotechnical Clearance is granted for the Ho Subdivision pro~rided the .applicant comply with the conditions identified below in the Geotechnical Clearance letter from Iveta Harvancik, Associate Engineer dated August 28, 2003 and revised Apri120, 2004. 1. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans. (i.e., setbacks, roadway and building site locations, site preparation and grading; landslide mitigation measures, erosion control plan, and design parameters for roadways, foundations, retaining walls and other improvements) to ensure that all recommendations have been properly incorporated into the plans: The plan review letter shall include a written geologic and geotechnical evaluation of the revised entrance road alignment, and be accompanied by a revised geotechnical mitigation plan and cross section (I-I') depicting the new alignment, probable lateral extent and depth of Landslide I and nearby Ols, and modified mitigation measures. The Project Geotechnical Consultant previously provided a recommended mix of expansive colluvium and granular rock material to help mitigate potential creep associated with expansive fills. The Project Geotechnical Consultant should confirm that the grading plan includes a note that satisfies the recommended mix specification (minimum percentage of non-expansive granular material). The plan reviews shall be summarized by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer and ,City Geotechnical Consultant for review and approval prior to construction of subdivision improvements. • is. Ho Subdivision -Mount Eden Road Application # 03-218 ~.~~~ D~~ 2. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect; test (as needed), and approve all geotechnical aspects of the project construction.. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for keyways, roadway, subgrade, drainage trenches and foundations prior to the placement of engineering fill, drains, steel and concrete. The Project Engineering Geologist shall map geologic exposures in excavations and use the data to prepare a Final Engineering Geologic Map and Cross Sections of as-built conditions. Specific data pertaining to the depth and extent of colluvium and landslides, and orientation of bedrock structure, shall be recorded and incorporated into the as-built drawings. The results of these inspections and the as-built conditions of -the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s), accompanied by as-built drawings, and submitted to the Ciry Engineer for review and approval prior to final inspection of the subdivision improvements. 3. Prior to Geotechnical Clearance for lot developments, site-specific geotechnical investigations shall be performed on Lots 1 through 5. As part of these investigations, the applicants' geologic and geotechnical consultants shall: (1) review the data presented in the above referenced documents, and pertinent data provided in reports cited in those documents, (2) perform supplemental subsurface exploration and laboratory testing, as needed, to adequately identify the extent and depth of surficial materials (e.g., fill, colluvium, and landslide deposits), (3) evaluate the long-term stability of slopes on the lots (including artificial and natural slopes), and (4) provide complete geotechnical design recommendations for the proposed construction. The investigations should include, but not necessarily be limited to the following: i. Grading and Drainage Plans depicting proposed cuts, fills and drainage improvements shall be submitted for each proposed residential development. The plans also shall clearly depict building footprints, and landslide margins and construction setbacks from potentially unstable slopes. The Project Engineering Geologist and Geotechnical Engineer should evaluate all geotechnical aspects of proposed development plans. ii.The geotechnical conditions in the building footprints- (including driveways and parking areas) on each lot should be explored, and representative earth materials (i.e., bedrock, colluvium, artificial fill, etc.) should be sampled and tested to provide engineering parameters for foundation and retaining wall design. The geotechnical consultants should specifically: (1) determine the thickness of surficial materials (e.g., artificial fill and colluvium) on the property, and (2) perform sufficient .laboratory testing to characterize the density, strength, expansiviry and other pertinent physical properties of the subsurface materials to below the depths of basements and anticipated foundations. Recommendations for drainage improvements should be provided, as well as specific .recommendations for structural foundations, as needed. iii. We recommend that the project geotechnical consultant for individual lots consider the long-term benefits of providing piers with minimum 29. Ho Subdivision -Mount Eden Road Application # 03-21 ®~G~~~1 reinforcement of four, no. 5 vertical bars in a cage and at least 8 feet embedment into bedrock.. The final foundation design criteria should be based on asite-specific investigation of each lot. Detailed engineering geologic cross sections shall be prepared (at a scale of 1 inch =10 feet) to depict the natural and artificial slope profiles (thus, proposed cuts and fills), locations and depths of exploratory probes, depth and orientation of various earth material units, and proposed improvements. Reference shall be made to final (as-built) geologic cross sections prepared by Pacific Geotechnical Engineering. iv. The results of the site-specific geotechnical investigations shall 'be summarized in written reports with appropriate illustrations, and submitted to the City to be reviewed and approved by the City Engineer and City Geotechnical Consultant prior to Geotechnical Clearance for each lot. v. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final foundation and grading plans (i.e., building setbacks, site drainage improvements and design parameters for roadways, foundations, retaining walls, etc.) to ensure that the consultants' recommendations have been properly incorporated: vi. The results of the plan review shall be su arized in a letter(s) by the Project Engineering Geologist and Project eotechnical Engineer and submitted to the City for review and. appr val by the City Engineer prior to issuance of a Grading Permit for each ' dividual lot. vii. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project demolition and construction. These inspections should include, but not necessarily be limited to: site surface and subsurface drainage improvements, excavations for removal of foundations. and structures, and excavations for roadway construction and prior to the placement of steel, concrete and fill. viii. The results of -these inspections and the as-built conditions of the project shall be described in a letter, and on revised (final) geologic maps and cross sections, and submitted to the City Engineer for review prior to finalization of the grading permit for each individual lot. 4. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Tentative Map approval. 5 The owner applicant) shall enter into agreement holding the City of Saratoga harmless from anX claims or liabilities caused ~ or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. - -- -- - - - 30. Ho Subdivision -Mount Eden 1~~~~~ ~'~~. Application # 03-218 '' FIRE PROTECTION DISTRICT 1. Property is located in a designated hazardous fire area. 2. All fire hydrants in the designated hazardous fire area shall be located within 500' from the residence and deliver a minimum 1000 gpm for a sustained period of 2 hours each at 20-psi residual pressure. Required fire flow could not be determined due to building floor areas and construction types not given, there may be a substantial increase of minimum required flow. (City of Saratoga Code 14-30:040 [c], as required by Saratoga Fire District) 3. Fire hydrants: developer shows three (3) hydrants to be installed. Such hydrants shall meet the requirements listed in item 2 above and Saratoga Fire District's specifications. Hydrant(s) shall be installed and accepted prior to construction of any building. (City of Saratoga Code 14-30.040 [a]) 4. Roof covering for all dwellings shall be fire retardant and comply with the standards established for Class A roofing. Replacement less than 10% total roof area shall be exempt., (City of Saratoga Code 16>15.080) 5. Early Warning Fire Alarm System shall be installed and maintained for all dwellings. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to Saratoga Fire District for approval. ~ City of Saratoga Code 16-60) 6. Automatic sprinklers shall be installed for all new dwelling including garage, workshop, storage areas and basement. An NFPA 13R sprinkler sy tem with a single 2:5" Fire Department Connection (FDC) and 4 head calculation is re uired for each dwelling. The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Documentation of the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. The sprinkler system and underground water supply must be installed by a licensed contractor. (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures #500 sq ft) 7. Access Road: (applies to both new Court and emergency access road) a: Minimum width shall be 20 feet with a one-foot shoulder on each side. b: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) c: Maximum road slope shall not exceed eighteen percent (18%) for more than fifty (50) feet. d: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and a double-coat oil and screening surface. e: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. f: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. Note: emergency access road should be shown to connect to Vista Regina, not Via Regina. 31. Ho Subdivision -Mount Eden•~v_ r'z* Application # 0~~`~'`~ ~. 8. Driveways: All new or improved driveways serving a single dwelling shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side. (City of Saratoga Code 16- 15.200, as required by Saratoga Fire District) a: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) b: Maximum driveway gradient shall not exceed eighteen percent (18%) for more than fifty (50) feet. c: Finished slopes from level to 12.5% shall have at least asix-inch aggregate base and a double-coat oil and screening surface. d: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. e: Finished slopes greater -than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. 9. The cul-de-sac at the end of the new access road and the turnaround at the end of lot 5 shall have a minimum 36 feet outside radius or an equivalent as approved by Saratoga Fire District. 10. Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic loading. (City of Saratoga Code 16-15.200, as required by Saratoga Fire District) 11. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by Saratoga Fire District. Details shall be shown on building plans. 12: Security Gate: Any security gate width shall not be.less than 14'. Gate access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. If gates are electrically operated, provide emergency back up power or manual releasing mechanism accessible by the Fire District.. (CFC 902.4) 13. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (CFC 901.4.4) CITY ARBORIST 1. In a report dated February 7, 2004, the city arborist made a number of recommendations and observations regarding the impact of the proposed subdivision on the surrounding trees. The primary recommendations are outlined below. 2. The combined appraised value of trees planned for removal (#3, 7-11,13-18, 47-50, 55, 57, 68- 70 and 75) is $19,460. Mitigation for their removal shall include installing 46 of the 50 new Coast Live Oaks (24-inch box size) shown on the proposed landscape plans. 3. The combined appraised value of inventoried trees planned for retention equals $442,080. Iri accordance with the newly adopted Ordinance, a bond equivalent to 100% of this value is required to promote their protection. 32. Ho Subdivision -Mount Eden RAa : , ~ ; ~ **~~ ~q Application # 03~ ''^~~~7~ 4. The retaining wall shown through tree #2's trunk shall be redesigned to be no closer than 10 feet from the trunk. Soil excavation for the wall's footing shall be manually performed within 30 feet of the tree's trunk. All roots requiring removal of two inches and greater in diameter shall be cleanly severed and immediately wrapped in a plastic bag secured by tape or a rubber band. 5. The plans should be redesigned to show the following grading setbacks from the. trunks of the listed trees: ten feet from #23, 24; 26, 36 and 51-53; fourteen feet from #25; twelve feet from #66; fifteen feet from #29; and twenty feet from #27, 28, 31, 32, 67 and 78.. 6. The portion of Sanitary Sewer. Line proposed within 25 feet of tree #54's trunk and 20 feet from tree #56's trunk shall be tunneled by at least four feet below existing grade through horizontal boring. The' planned three-foot depth near the manhole is acceptable. All pits shall be established as far from the trunks as possible. 7. The line indicating the "Top of Cut" along the west side of the `New Court' road should be revised to correspond to the approved limits of grading. 8. The proposed grading shown on Sheets C3.1 and C3.2 beneath tree #72's canopy must be revised to conform to Sheet C4.10. 9. The proposed grading shown on Sheet L1.2 beneath tree #83's canopy should be revised to conform to Sheet C4.9. 10: The drain line proposed within proximity to tree #76 should be redesigned. I .suggest establishing it between trees #78 and 79, at least 25 feet from tree #78's trunk, 20 feet from tree #79's trunk, and 25 feet from the trunk of anon-inventoried tree immediately east of #79 (shown as a 40-inch Oak). The trench for the line and dissipater must be hand dug where within the fenced area. All roots two inches and greater shall be retained during the process. 11. The trench for the proposed drain line beneath the western portion of trees #4, 5 and 6 shall be manually dug where within 15 feet of their trunks. All roots two inches and greater shall be retained during the process and tunneled beneath. 12. The locations of the following trees should be surveyed and shown on all applicable plans: #3, 14-18, 47-52, 56 and 73. I also suggest the location of tree #66's trunk is confirmed. Impacts to these trees cannot be fully assessed until this is performed. 13. Tree protection fencing must be installed precisely as shown. on the attached map and established prior to any demolition, surface scraping, grading or heavy equipment arriving on site. It shall be comprised of five- to six-foot high chain link mounted on two-inch diameter steel posts, driven 18 inches into the ground and spaced no more than 12 feet apart: Once established, the fencing must remain undisturbed and maintained throughout the construction process until final inspection. 1 33. ,~n Ho Subdivision -Mount Eden 1~e~l.i'lt+~~~ Application # 03-218 14. Where applicable, protection fencing shall be established no further than two feet from the road and retaining walls, one-foot from the approved limits of grading, and eight feet from the `Entrance Gate' building and home on lot 5. 15. The existing property boundary fence along the western boundary should remain intact throughout the development process.. 16. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed) as well as beneath canopies of trees not inventoried for this report. These activities include, but are not limited to, the following: grading (both soil fill and excavation), surface scraping; trenching, storage and dumping of materials (including soil fill); and equipment/vehicle operation and parking. 17. Prior to commencing grading activities, the limits of grading shall be staked and reviewed on-site with the grading contractor and City Arborist. 18. The removal. of the existing road surface for the Emergency Access Road shall be carefully removed to avoid damaging roots located immediately beneath the asphalt. I suggest the hardscape is first broken into small pieces using a jackhammer. The pieces must then be manually lifted and placed on a loader. Any base rock covering visible roots shall remain intact. Please note the loader shall remain on pavement at all times and off exposed soil and roots. 19. The existing culvert along the Emergency Access Road by trees #56, 57 and 59 shall be carefully removed to avoid damaging roots. 20. At the start of grading (during the months of March thru September), supplemental water shall be supplied to all trees where grading or construction activities occur beneath their canopies. The water should be applied through soaker hoses or other approved irrigation system placed beneath mid- to outer-canopies at a rate of 10 gallons per inch of trunk diameter every two weeks. 21. The disposal of harmful products (such as chemicals, oil. and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides and .pesticides used beneath canopies must be labeled for safe use near trees. 22. Great-care must be taken to avoid damaging the canopies of retained trees. As such; I suggest the portion of canopies encroaching in the path of travel be pruned, as necessary, prior to beginning the demolition process or arrival of heavy equipment to the site. The pruning of trees shall be limited to removing deadwood one-inch and greater in diameter, reducing any heavy limb weight and clearing the path of travel for equipment and vehicles. All cuts four inches and greater in diameter must be reviewed and approved by the Ciry prior to doing so. 23. The pruning and removal of trees must be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to standards established by 34. Ho Subdivision -Mount Eden R ~~a~~ Application # 03-218 the ISA. Information regarding Certified Arborists in the area can be obtained by referring to the following website: http://www.isa-arbor.com/arborists/arbsearch.html. 24. Irrigation shall not spray beneath the canopies .Oak trees nor come into contact with trunks of other trees. Stones, mulch or other landscape features should be at least one-foot from trunks of retained trees. 25. The irrigation plan should be reviewed for tree impacts prior to approval. Irrigation trenches planned parallel to a trunk shall be no closer than 15 times the diameter of the closest trunk. Irrigation trenches installed radial to a trunk can be placed no closer than 5 times the diameter of the. closest trunk and at least 10 feet apart at the canopy's perimeter. Irrigation spray shall come no closer than five feet from a tree's trunk. Please note any trenches for electrical lines shall be installed by the same guidelines. 1 35. ~~~1!'~~~ Ho Subdivision -Mount Eden Road Application # 03-218 NOW, THEREFORE, be it resolved that the Tentative Parcel Map as identified as "Exhibit A" titled Tentative Map -Lands of Ho apn 503-13-067 prepared by Hanna ~ Brunetti dated September 2004, date stamped October 19, 2004 is approved subject to the conditions outlined in this report. Section 1. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. Section 2. In accordance with the California Environmental Quality Act ("CEQA" -Public Resources Code Section 21000 and following) and the regulations promulgated pursuant to CEQA ("the State CEQA Guidelines"), the Ciry Council hereby approves the Initial Study and Negative Declaration prepared for this subdivision and finds that the approval of this subdivision is in compliance with CEQA and the State CEQA Guidelines if the mitigation measures outlined in the Initial Study and the Biotic Evaluation for Lands of Ho prepared by Live Oak Associates dated June 16, 2004 are added as conditions of approval. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27th day of October, 2004 by the following roll call vote: AYES: NOES: ABSENT: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date Ho Subdivision -Mount Eden Road Application # 03-218 • i~ Attachm~~~t 3 RB~ RESOURCES ~ A ~40 fElOL011Q.L o]'4D04L¢ULtIL4QL C:OI2111Cttn9 S ~~ac. eQ.RL October 15, 2003 Ann Welsh Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Review of Plans for a Five Lot Subdivision on the Lands of Ho; APN 503-13-067; Application #: 03-218; Mt. Eden Road (Vista Regina Avenue), Saratoga Dear Ann: On September 9, 2003, I met with Mr. Ho (property owner), Mr. Maurice .Abraham (planner) and 1VIr. Jeffrey King (architect) at the above referenced site to discuss plans proposed for developing the vacant property. My findings and recommendations, are presented below, and include information derived from the site meeting; my review of plan sheets C2.1, C3.1-C3.3, C4.8, C4.15 and C4.16; and my review of the City Arborist report dated September 18, 2000. 1. The majority of trees at risk from development impacts are not identified on plans reviewed. To properly and effectively evaluate the trees' impacts, as well as deternune tree values and an appropriate tree protection bond amount, the trees' locations must be surveyed. I suggest including all trees that are situated within or have canopies extending over the boundary shown on the attached copy of the Overall Site Plan (sheet C3.1, Hanna & Brunetti, Gilroy, CA). 2. All drainage, grading and trenching activities should be designed outside from beneath tree canopies. Where grading~is necessary beneath a canopy, it should not exceed by more than 10- to 15-percent of the canopy's size. Note the canopy dimensions shown on the plans do not necessarily depict the trees' actual canopy size. 3. Where retaining walls are proposed beneath canopies, they should be comprised of a pier and on-grade beam design, with no soil excavation between piers. 4. The Emergency Access Road should be designed on top of existing grade (i.e. no soil excavation) where proposed beneath canopies. In addition, fill material placed beneath canopies should be pervious. I recommend using as much of the Via Regina Road as possible to avoid disturbing exposed soil beneath canopies and potentially causing significant root damage. 1I J • .~ P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 A'RB(7R RESOURCES. u • • ~40fE181012LiL ~4D04LC~11Lt1140.L L:OI21tLLt1129 ~ JtEE C.:Q.tG October 15, 2003 Ann Welsh page 2 5. Design the home on lot 5 at ]east 30 feet from the tree south of the proposed footprint (shown as a 36-inch Oak) and 40 feet from the tree southeast of the proposed footprint (shown as a 25-inch Oak). These trees are identified on the City Arborist report map as # 14 and 33, respectively. 6. A grove of Aleppo Pines (Pinus halapensis) is in conflict with the proposed home on lot 5. The majority of these trees, if not all, will require removal. I roughly estimate four or five are of ordinance size. These trees are relatively small in size and I believe their removal is necessary and appropriate to protect the exceptional Coast Live Oaks located on-the lot's southern portion. Upon review of the revised plans; additional recommendations for mitigating damage will be provided. I will also identify, evaluate; map and appraise trees that are exposed to potential development impacts. Sincerely, David L. Babby, RCA Consulting Arborist Attachment: Boundary of Tree Survey (Copy of the Overall Grading Plan) P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@earthlink.net. Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ~~~~~~~ ~r. uR ern l'OKI-19G Y ~ M A V+1 i~ • Attachment 4 i~ o~U~~~ _ RCES ~ ~~'~' ARB O~ RE S O D Professional Arboricultural Consulting & Tree Care A REVIEW OF THE PROPOSED SITE DEVELOPMENT ON THE LANDS OF HO LOCATED ALONG MT. EDEN ROAD (ALSO ACCESSIBLE FROM VISTA REGINA AVENUE) SARATOGA, CALIFORNIA OWNER'S NAME: WILLIAM WAI YAN HO APPLICATION #: 03-218 APN #: 503-13-067 Submitted to: Community Development Department City of Saratoga 13777 Fruitvale Avenue. Saratoga, CA 95070 Prepared by: David L. Babby, RCA Registered Consulting Arborist #399 Certified Arborist #WE-4001A February 7, 2004 • ~J P.O. Box 25295; San .Mateo, California 94402 • Email: arborresources@earthlink.net Phone: 650.654.3351 Fax: 650.654.3352 • Licensed Contractor #796763 ~~~9 ~'~~ - ' David L. Bobby, Registered Co• ing Arborist • February 7, 2004 SUMMARY The proposed project exposes 86 trees regulated by City Ordinance to damage. or removal. There are 23 trees that require removal to accommodate the proposed design and include #2, 3, 7-11, 13-18, 47-50, 55, 57, 68-70 and 75. With the exception of tree #2, I believe their removal is appropriate due to their size and/or species. Mitigation shall include installing 46 of the new Coast Live Oaks shown on the proposed landscape plans. Revisions to grading and drainage are recommended and are shown .in the recommendations section of this report. Additional recommendations are provided and must be carefully followed and incorporated into construction plans. The combined appraised value of trees planned for retention is $442,080. According to the Tree Ordinance, a 100% bond is necessary to promote these trees' protection. INTRODUCTION The City of Saratoga Community Development Department has requested I review the potential tree impacts associated with the proposal to subdivide a vacant parcel into five lots located along Mt. Eden Road and west of Vista Regina Avenue, Saratoga. The name of the site is Lands of Ho (APN #503-13-067). This report presents my findings; provides protection measures for retained trees and mitigation for those being removed; identifies each tree's condition, species, size and suitability for preservation; and presents tree appraisal values. Data compiled for each inventoried tree is presented on the table attached to this report. Plans reviewed for this report include Sheets C1.1, C2.1, C3.1-C3.3 and C4.1-C4.16; dated August 2003 by Hanna & Brunetti; Sheets A-1, A-2 and A-3, dated August 1, 2003 by Integrated Architecture; and Sheets L1.0-L1.3, dated December 8, 2003 by Reed Associates Landscape Architecture. Six copies of various plan sheets are attached to this report. and serve as maps that show tree numbers, locations, canopy perimeters and protection fencing. The following. identifies which tree numbers are shown on which plan sheets: Trees # 1-20 on Sheet C4.6 Trees #21-32 on Sheet C4.? Trees #33-53 on Sheet C4.8 Trees #54-71 on Sheet C4.11 Trees #72-79 on Sheet C4.10 Trees #80-86 on Sheet C3.1. 'The canopy dimensions depicted on the maps are not necessarily accurate and should not be relied on for canopy size. This is especially true for the canopy dimensions shown along the bottom (eastern) portion of the site (the approximate canopy dimension is roughly shown on the attached copy of Sheet C4.10). Lands of Ho, Mt Eden Road, Saratoga Page 1 of 6 City of Saratoga Community Developme»t Department ~,~~~~~ • February 7, 2004 David L. Babby, Registered Co• ing Arborist Trees #3, 14-18, 47-52, 56 and 73 were not shown on plans reviewed. Their locations presented on the attached maps are rough estimates that should not be construed as being surveyed. For identification purposes, racetrack-shaped aluminum tags (2-3/4" long by 1" wide) with engraved numbers were attached to each accessible trunk (this includes all but trees #19; 29, 30, 33-40 and 68). The numbers correspond to those shown on the attached maps. Please note these tags should not be confused with the rectangular tags or red with white letter markers seen on many of the trees. FINDINGS The proposed project design exposes 86 trees regulated by City Ordinance.to potential impacts. They include 50 Coast Live Oaks (Quercus agrifolia), 13 Valley Oaks (Quercus lobata), 14 Blue Gum Eucalyptus (Eucalyptus globules), 7 Aleppo Pines (Pines halapensis), 1 California Bay Tree (Umbellularia californica) and 1 Flowering Plum (Prunes cerasifera). Twenty-three trees require removal to accommodate the proposed design. These include nine Coast Live Oaks (#14, 16-18, 55, 68-70 and 75), seven Eucalyptus (#2, 3, 7-11 and 13), one Flowering Plum (#15), one California Bay Tree ( 7) and four Aleppo Pines (#47-50). Except for tree #2, all trees. are appropriate candid es for removal due to their relatively small size, and/or species. Additionally, I do n t find their removal will adversely impact the site or surrounding properties. Mitigati n should include installing new trees equivalent to the appraised value of trees being remo ed. Tree #2 is a large Eucalyptus tree that has three trunks with a combined diameter of 91 inches. The plans indicate this tree will remain but a retaining wall will be installed through its trunk. I suggest the wall is redesigned to be no closer than 10 feet from the tree's trunk. The footing within 30 feet of the trunk shall be hand dug. Grading will impact the following trees at significant levels: #23-29, 31, 32, 36, 51-53, 66, 67 and 78. To achieve a reasonably high assurance of their survival, minimal grading setbacks from the trees' trunks should be established as follows: ten feet from #23,' 24, 26, 36 and 51-53; fourteen feet from #25; twelve feet from #66; fifteen feet from #29; and twenty feet from #27, 28, 31, 32, 67 and 78. Sheets C3.1 and C3.2 show soil fill being proposed 20 feet from tree #72's trunk. By implementation of this design, the tree would be adversely impacted. However, Sheet C4.10 shows a much greater and acceptable setback for grading near this tree. As such, I recommend Sheets C3.1 and C3.2 be revised to conform to Sheet C4.10. Sheet L1.2 shows grading beneath tree #83's canopy and should be corrected to reflect Sheet-C_4.9. - -----_---- _ _ - -- ---- Lands of Ho, Mt. Eden Road, Saratoga Page 2 of 6 City of Saratoga Community Development Department ~~~~~~ • - David L. Bobby, Registered Consulting Arborist February 7, 2004 The portion of Sanitary Sewer Line proposed beneath the canopies of trees #54 and 56 will adversely i~a.rthgs~,.trees. To promote a highly reasonable assurance of their s1u'vival, I recommend. aunnehng °t~e line -below existing grade through horizontal boring. This is recommended where within 25 feet. of tree #54's trunk and 20 feet from tree #56's trunk. The Emergency Access Road is proposed for expansion beneath the canopy of tree #56. I recommend this only occur if the expanded portion of road can be established on top of existing grade (as -shown on the plans) and not require soil excavation or cuts. A drain line is proposed within tree #76's root zone and surrounding lazge Oaks not inventoried for this report (not all are shown on .the plans). To avoid significant root damage to these trees, I recommend the line be established north of its proposed location. and between trees #78 and 79. Trees #4, 5 and 6 are at risk by installing a drain line immediately west of their trunks. To minimize impacts, the digging within 15 feet of their trunks shall be performed manually. The plans show tree #66's trunk to be eight feet from the edge of the existing asphalt road. However, the trunk is actually about three feet from the edge. I suggest its location is verified in the field and modified on the plans as necessary. RECOMMENDATIONS 1. The retaining wall shown through tree #2's trunk shall be redesigned to be no closer than 10 feet from the trunk. Soil excavation for the wall's footing shall be manually performed within 30 feet of the tree's trunk. All roots requiring removal of two inches .and greater in diameter shall be cleanly severed and immediately wrapped in a plastic bag secured by tape or a rubber band. 2. The plans should be redesigned to show the following grading setbacks from the trunks of the listed trees: ten feet from #23, 24, 26, 36 and 51-53; fourteen feet from #25; twelve feet from #66; fifteen feet from #29; and twenty-feet from #27, 28, 31, 32, 67 and 78. 3. The portion of Sanitary Sewer Line proposed within 25 -feet of tree #54's trunk and 20 feet from tree #56's trunk shall be tunneled by at least four feet below existing grade through horizontal boring. The planned three-foot. depth neaz the manhole is acceptable. All pits shall be established as far from the trunks as possible. 4. The line indicating the "Top of Cut" along the west side of the `New Court' road should be revised to correspond to the approved limits of grading.. 5. The proposed grading shown on Sheets C3.1 and C3.2 beneath tree #72's canopy must be revised to conform to Sheet C4.10. Lands of Ho, Mt. Eden Road, Saratoga Page 3 of 6 . City of Saratoga Community Development Department ~ ~~~~~ • David L. Babby, Registered Consulting Arborist February 7, 2004 6. The proposed grading shown on Sheet L1.2 beneath tree #83's canopy should be revised to conform o Sheet C4.9. 7. The drain line proposed within proximity to tree #76 should be redesigned. I suggest establishing it between trees #78 and 79, at least 25 feet from tree #78's trunk, 20 feet from tree #79's trunk, and 25 feet from the trunk of anon-inventoried tree immediately east of #79 (shown as a 40-inch Oak). ,The trench for the line and dissipater must be hand dug where within the fenced area. All roots two inches and greater shall be retained during the process. 8. The trench for the proposed drain line beneath the western portion of trees. #4, 5 and 6 shall be manually dug where within 15 feet of their trunks. All roots two inches and greater shall be retained during the process and tunneled beneath. 9. The locations of the following trees should be surveyed and shown. on all applicable plans: #3, 14-18, 47-52, 56 and 73. i also suggest the location of tree #66's trunk is confirmed. Impacts to these trees cannot be fully assessed until this is performed. l 0. Tree protection fencing must be installed precisely as shown on the attached map and established prior to any demolition, surface scraping, grading or heavy equipment amving on site. It shall be comprised of five- to six-foot high chain link mounted on two-inch diameter steel posts, driven 18 inches into the ground and spaced no more than 12 feet apart. Once established, the fencing must remain. undisturbed and maintained throughout the construction process until final inspection. 11. Where applicable, protection fencing shall be established no further than two feet from the road and retaining walls, one-foot from the approved limits of grading, and eight feet from the `Entrance Gate' building and home on lot 5. 12. The existing property boundary fence along the western boundary should remain intact throughout the development process. l 3. Unless otherwise approved, all construction activities must,. be conducted outside the fenced areas (even after fencing is removed) as well as beneath canopies of trees not inventoried for this report. These activities include, but are not limited to, the following: grading (both soil fill and excavation), surface scraping, trenching, storage and dumping of materials (including soil fill), and equipment/vehicle operation and P~'~g• 14. Prior to commencing grading activities, the limits of grading shall be staked and reviewed on-site with the grading contractor and City Arborist. 15. The removal of the existing road surface for the Emergency Access Road shall be carefully removed to avoid damaging roots located immediately beneath the asphalt. I suggest the hardscape is first broken into small pieces using a jackhammer. The pieces must then be manually lifted-and placed on a loader. Any base rock covering visible Lands of Ho, Mt. Eden Road, Saratoga Page 4 of 6 City of Saratoga Community Development Department ~~~~~~ • • David L. Babby, Registered Consulting Arborist February 7, 2004 • s CJ roots shall remain intact. Please note the loader shall remain on pavement at all times and off exposed soil and roots. 16. The existing culvert along the Emergency Access Road by trees #56, 57 and 59 shall be carefully removed to avoid damaging roots. 17. At the start of grading (during the months of March thru September), supplemental water shall be supplied to all trees where grading or construction activities occur beneath their canopies. The water should be applied through soaker hoses or other approved irrigation system placed beneath mid- to outer-canopies at a rate of 10 gallons per inch of trunk diameter every two weeks. 18. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides and pesticides used beneath canopies must be labeled for safe use neaz trees. 19. Great care must be taken to avoid damaging the canopies of retained trees. As such, I suggest the portion of canopies encroaching in the path of travel be pruned, as necessary, prior to beginning the demolition process or arrival of heavy equipment to the site. The pruning of trees shall be limited to removing deadwood one-inch and greater in diameter, reducing any heavy limb weight and c Baring the path of travel for equipment and vehicles. All cuts four inches and greater i 'diameter must be reviewed and approved by the City prior to doing so. 20. The pruning and removal of trees must be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to standards established by the ISA. Information regarding Certified Arborists in the azea can be obtained by referring to the following website: http://www.isa- arbor. com/arborists/arbsearch. himl. 21. Irrigation shall not spray beneath the canopies Oak trees nor come into contact with trunks of other trees. Stones, mulch or other landscape features should be at least one- - foot from trunks of retained trees. 22. The imgation plan should be reviewed for tree impacts prior to approval. Irrigation trenches planned parallel to a trunk shall be no closer than 15 times the diameter of the closest trunk. Irrigation trenches installed radial to a trunk can be placed no closer than 5 times the diameter of the closest trunk and at least 10 feet apart at the canopy's perimeter. Irrigation spray shall come no closer than five feet from a tree's trunk. Please note any trenches for electrical lines shall be installed by the same guidelines. Lands of No, Mt Eden Road, Saratoga City of Saratoga Community Development Department Page S of 6 ~~~~~~ • • Februa 7, 2004 David L. Gabby, Registered Consulting Arborist rY TREE REPLACEMENTS The combined appraised value of trees planned for removal (#3, 7-11, 13-18, 47-50, 55, 57, 68-70 and 75) is $]9,460. Mitigation for their removal .shall include installing 46 of the 50 new Coast Live Oaks (24-inch box size) shown on the proposed landscape plans. Other installation options are available and are presented on the `Replacement Tree Values' chart shown on the pages of the attached table. TREE PROTECTION BOND The combined appraised value of inventoried trees planned for retention equals $442,080. In accordance with the newly adopted Ordinance, a bond equivalent to 100% of this value is required to promote their protection. The appraised tree values shown on the attached Tree Inventory Table are calculated in accordance with the Guide for Plant Appraisal, 9'ti Edition, published by the International Society of Arboriculture, 2000. Attachments: Tree Inventory Table Copy of Sheets C4.6, C4.7, C4.8, C4.11, C4.10 and C3.1 I 1 Lands of Ho, Mt. Eden Road, Saratoga Page 6 of 6 City of Saratoga Community Development Department (~,~~~~~ AR~OI~R.ESOURCES ~ ~~ _. ~ Professional Arboricultural Consulting & Tree Care _ TREE IlWENTORY TABLE Blue Gum 1 (Eucalyptus globules) 14.5 - 70 30 100% 75% Goad Low ~ 3 - $250 Blue Gum 2 (Eucalyptus lobules 35 30, 26 ]00 90 ]00% 50% Good Moderate - X $2,500 Blue Gum 3 (Eucalyptusglobulus) 11 - 55 25 ]00% 75% Good Low - X X ~ $]50 Blue Gum 4 (Eucalyptus globules) 12.5 - 60 30 100% 75% Good Low 2 - $180 Blue Gum S (Fecal tus globules) 18 14 70 40 100% 50% Good Low 2 - $440 Blue Gum (Fecal tus globules) 8 6 40 20 100% 25% Fair Low 2 - $100 Blue Gum 7 (Eucalyptus globules) ] 1 7 70 20 l00% 50% Good Low - X $170 Blue Gum 8 (Eucalyptus globules) 18 14 80 40 l00% 50% Good Low - X $440 Blue Gum 9 (Focal tus globules 16 12 80 50 100% 50% ('food Low - X $350 Blue Gum ]0 (Fecal tus globules) l5 - 80 20 ]00`/0 75% Good Low - X $200 Blue Gum 11 (Fecal tus globules) 25 - 80 30 ] 00% 75% Good Low - X $480 Blue Gum 12 . (Fecal tus globules) l l - 70 l0 ] 00'/0 50'/o Good I.Ow 3 - $110 Blue Gum 13 (Eucnl tus lobules) 17 - 50 20 100% 75% Good Low - X $240 ,.. ,. ~ ~ ,-. o b ,-. ~ ~, b ~. ~ 3 d :~ w ~ ~ [~ .. 'd ~ . c ~ w ~ 'd ~'. -.~ ~ ~ ~ q q ~ ~ ~: I- w p . ~ ~ a+ y1. ~ r $ a+ ~ ~ ~ ~ ~+ p. r. . CO m A ~ v - ; ~ b . ~b ~ ~ ~ ~ ~ .~ ~ ~ NO ~ 'd ~ , o U : ~c ~ ° U~ ~ g ~ O. ~_ ~ . ~:x, ~' v . .~ ~ ° TREE NAIvIE ~ ~ C Coast Live Oak 14 (Quercus agrifolia) 6 6, 4, 3 15 15 ] 00% 50% Good Moderate - X X $ ] 00 - - - . - ------ - - - REPLACEMENT TREE VALUES - allon = 51 SO 24-inch box = 5420 36-inch box = 51,320 48-inch box = SS,000 52-inch box =57,000 72-inch box = 5l: Job: Lmids oJHo, b!t Edcn Road Smotoga Aspmed jm: CFry ojSmmoga Conwuua+-y DNdoPawent De~R . Aepmed by: Dmid L Babby, RG! I oj7 3/7/1004 ~y~~~`li'~~ 1~ ARBO~RESOURCES ~ Professional Arboriculture! Consulting & Tree Care TREE INVENTORY TABLE ,. ~ ,.. ,., ~ s ~ ~ ~ ~ _ ~ ~ ~ U~ ~~ ~ wo ~~ ~~ o NO TREE NAME ~, ~ x U x ° ~ ~ . 0' ~ A ° ~ °' . o ~ Flowering Plum 15 . (Prunus cerasifem) 13 - 25 30 l00% 50% Good Low - X ~ X $990 Coast Live Oak 16 (Quercusagrifolia) 8 - 25 25 ]00% ]00% Good Moderate - X X $1,560 Job: Lands ojHo,lNc Edai Rood, Smorogo Prep~cd jor: Qay ojSmaroaa Comaw+~y DevafoPn+iat D<~R ? oj9 V' ~©s ~~ A~pmed by: DaYid L Bobby, RG ' ARBO~RESOURCES ~ .. Professional Arboricultural Consulting & Tree Care - TREE IlWENTORY TABLE ,-. ,~. ~ .~ ~ 3 ~ ~, 3' ~ ~ ~ 3 ~ ~. ~ ~ . v ~+ v ab ° ~•~b ° ~,~ ~ _ ~ '' > ~ ~, ' .d ~ c :n ,;. °° o ~ a ~: w a ~ '-' u ~.~ ~ p .. A . ~. O ~+ o V . to ~ , Ib U ~ ." p OD . . ~ 0 L' Q REE ~ . b y ~ ~~ a ~ _~g ~ o °g ~ . o ~. > ~ ~ w ~ ° . r ,~ o v ~ A . v,. ~-' o , NO. TREE NAME x U x .., ~ :.., O v~ .. .,. H 29 Coast Live Oak (Quercus a rijolia) l6 - 20 30 ] 00% 75% Good Nigh 2 - $3,700 Valley Oak 30 (Quercus lobata) 10 - 20 20 ] 00% 75% Good High 5 - $2,580 Valley Oak 31 (Quercus lobata 26 - 45 40 ]00% ]00'/o Good NiP,h 2 - $]5,600 Valley Oak 32 (Quercuslobaw) 26.5 - SO 40 ]00% l00% Good Nigh 2 - $]6,200 Coast Live Oak 33 (Quercusa rijolia 12 - l5 20 ]00% 75% Good High 4 - $2,160 .Valley Oak (Quercus lobata) 25 - 35 50 ] 00% 100% Nigh 5 - $15,500 Coast Live Oak 35 (Quercus agrijolia) l 8 - 20 30 100% 75% Good High 5 - $4,540 Coast Live Oak 36 ( uercus agri of ia) 8 - 15 I S ] 00% ] 00% Good Moderate 3 - $1,460 Coast Live Oak 37 (Querrusogrifolia 6 - l5 l0 ]00% 75% ('rood. Moderate 5 - $920 Coast Live Oak 3g (Quercus agri olio) 10 - l5 20 100% 25% Fair Moderate 5 - $1,170 Coast Live Oak 39 (Quercus agrijolia) ] 1 - l5 30 ]00% 75% ('rood High 5 - $1,900 Coast Live Oak 40 (Quercus agrijolia) 14 - 35 30 l00'/0 50% Crood Moderate 5 - $2,610 Coast Live Oak 41 (Quercus agrijolia) 39 - 35 60 l00% l00% Good Nigh 3 - $27,400 Coast Live Oak >uercus ogrijolia) 24.5 - 25 40 ] 00% l 00% Good High 5 - REPLACEMENT TREE VALUES ts_ ~~~ = 5150 24-inch boa = 5420 36-inch box = 51,320 48-inch boa = 55,000 52-inch box = 57,000 72-inch box = 515,000 lob: Lands ojHo, Mt Edai Rood Smawga Acpmcdjm: G!' ejSmdoga Conur++n~y Devdopnsast Dept ~~ ~,~~'~'~~'',~~r~ Aepmcd by: DaYid 1. Robby, RG 3 of 7 ~r~w f & Tree Care TREE INVENTORY TABLE _ /Y. ~ ,. 'M O ~ ~ F+ O 3 ~ _ ,. .~ ~ ' ~ v ~ v ~ ~ 0 C~ G ~ > ~ ~ ~ ~ ~ ~ W Ci V1 ~~ w+ ~ ~ y tai ~ .~r V~ ~OG ~ idpq ~ U ~~ ~Cxf ..Ci A O ~ v ao ~ ~ ~ o ~ ~ ~ o ~° ~ ~ .:~ o ~ ~ ^ ~ ~ VV > 0 ~ w 0 Q TREE NAME H '° ~' x ~ U ° O^ x .. ~ C p v~ A •• o F' Coast Live Oak Quercus agrijolia) 7 4 30 20 l00% 75% Good Low S - $1,420 Coast Live Oak Quercus agri olio) 28 - 30 45 ] 00% 25% Fair Moderate 5 - $9,400 ~. Coast Live Oak Quercus agri olio) 27 - 30 65 ]00% 75% Good High 3 - $12,401 Valley Oak (Quercus lobata 12.5 - 30 35 75% 75% Good. Moderate 5 - $3,48C Aleppo Pine (Pinus halo sis 9 8 35 20 100% 50% Good Low - X X $570 Aleppo Pine (Pinus bola sis 11 - 30 30 ]00% 75% Good L;ow - X X $57 ,Aleppo Pine . (Pinus halapesis) ] l .5 - 30 30 ] 00% 75% Good Low - X X $6l0 Aleppo Pine- (Pinus halo esis) 14 ]0 40 30 l00% 50% Good Low _ X X $1,091 Aleppo Pine (Pinus halo sis 12 - 40 30 ] 00% ] 00% Good Moderate 2 - X $820 Aleppo Pine (Pinus halapesis) 13.5 - 40 30 l00% l00% Good Moderate 2 - X $980 Aleppo Pine (Pinus halo sis 11.5 - 35 30 l00% . ] 00% Good Moderate 2 - $770 Coast Live Oak ;Quercus agrijolia) 30 - 35 65 100% l00% Good Hi 1 - $17,8( Coast Live Oak ;Quercus agrifolia) 9 - 20 l5 ]00% 75% Good Moderate - X $1,54 Coast Live Oak 'Quercus agrijolia) 22.5 - 40 50 l00% 75% Good High 2 - X $8,80 ___.-- REp.1,,ACEMENT TREE VALUES --_-- - _ - ___-- _ _ ___-- 15- allon = 5150 24-inch box = 5420 36-inch box ° 51,320 48-inch box = 55,000 52-inch box ° 57,000 72-inch box = 515,000 Job: Loads oJHo, Mt Eden Rood Smamga Aepmed Jm: Chy oJSmaroga Con+nw>AitJ' Developnsnsf Dept ~ of 7 Asymcd by: David L Bobby, RCA ARBOI~ZESOURCES Pro essional Arboricultural Consulting • Nl1'<.YO~~~ AR$O~RESOURCES ~ .. ~ Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE Coast Live Oak sg (Quercus agrifolia) 28.5 - 45 70 ]00% ]00% Good High 2 - $16,200 Coast Live Oak 59 (Quercus agrijolia 11 - 35 20 75% 75% Good High 3 - $1,790 Coast Live Oak 6p (Quercus agrijolia 19 - 40 30 100% ] 00% Good High 3 - $6,700 Coast Live Oak 61 (Quercus ogrifolia 23.5 - 35 40 ]00% 75% Good Hi 3 - $8,300 Coast Live Oak (Quercus agrifolia 18 - 40 30 75% 100% Good Hi 3 - $5,100 Coast Live Oak 63 (Quercus agri olio 23 - 30 50 100% 75% Good High 2 - $8,~ Coast Live Oak 6q (Quercus agrijolia) 27 - 40 70 100% 100% Good Hi 4 - $12,700 Coast Live Oak 65 (Quercus agrifolia 20.5 - 40 40 ] 00% 75% Good High 4 - $6,500 Coast Live Oak 66 (Quercus agrijolia) 19.5 - 30 30 ] 00% 50% Good High 1 - $5,200 Coast Live Oak 67 (Quercus agrifolia) 35.5 - 50 60 ] 00% ] 00% Good Hi 2 - $24,300 Coast Live Oak 6g (Quercus agrifolia) 6 - 20 1 S 100% 100% Good Moderate - X $1,160 Coast Live Oak 69 (Quercus agri olio) 9 - 20 20 ] 00% 100% Good Moderate X $1,810 REPLACEMENT TR] ] 5- allon = 5150 24-inch box =5420 36-inch box = 51,320 48-i Job: Lmids oJHo, Mt Edrn Road, So~oaa Prepmcd jor: GFry oJS~mvaa Cow~+nw~j' Dc-~doP~nt DtpR Prcporcd by: David L Bobby, RG s °J ~ x = 515,000 2/7/JBBf ~~~~~55 _ ~- ARBO~RESOURCES ~ .. Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE lob: Lands ojHo, Mc Eden Bond Saratoga Premed jar. LFt!' ojSm~oaa Cowwwn~ry DevdoP~~ D~ 2!!/lOOI Arpmcd by: David L Bobby, RG 6 of ~ Q~~~Sr~ I• Coast Live Oak 8S (Quercus ogrifolia) l3 - 30 20 l00% 50% Good Moderate 5 - $2,160 Valley Oak 86 (Quercus lobata l2 l 1.5 25 35 100% 50% Good High 5 - $4,670 ARBO~RESOURCES ~ 'Professional Arboticultural Consulting & Tree Care TREE INVENTORY TABLE ... ,., ~ :, -. ,-. ~ ~ ,-. ~ 3 ~ ~, ~ °, 3 ~ b ° b h g ~ E ' S r ~ ~ >. b c o o ~ o I . ~ A o ~ tea U '~; _ ~ b U ~~~° ~'~.. ~ ~' ` ~ a T R EE ~ v~o OO , a ~ a ~ O ° ~ t7 O. ~ ° ~ ~ ~ ~ +~ ~ > IL °' V D v m ~+ o N O TREE NAME F., x U ~ . O v ~ v ,~ A t-' • - -- REPLACEMENT TREE VALUES 15- allon = 5150 24-inch box = 5420 36-inch box = 51,320 48-inch box = 55,000 52-inch box =57,000 72-inch box = 515,000 Job: Lm~dr ejHo, Mt Eden Rood, Smoroaa Aepmedjm: CFty ojSmmoga Comnwn+ry Development Dcpt Aepmed by: Dmid L Bobby, RG! 7 oj~ 1!!/!881 ~~~~5~ ~\ ~~~ ~. tl ,,, \ ~ ~~ ~ ~\~~ \ ~; ~ •~•~~`~\;•.:..\\,.,,~1 ~;; Its+;: ~ ~~ ! ~. ~ . _.s:, ; ~ ~; , ~/,, II~~~~~'iij!' i';~ iii! 11~-t' ..I~_ Vii, 1:~ T.. ~,~,,, ,,,.i% ~ ; J: ii ~' 1 ~ '% ~~ .,~~/ At - ! ii.~ ~ ~~// i~i~/' (~:.< j I _ i It 11 T~, r~i~ '~! 1~.i ~~ !~ -~~ r >a' : DF //~~j/ l~j~ iT~ C.•f$ I ~~' I ., l i ' I I' ; I ~ ;p~~ ~ I I ~:' • ~ IIr~ I l~iil ~ 6n .l ~i ~ ~~ ~ ' . I„ I ~, ~i~i ~ 1 1. ' •~~. Ir ~i ~~= t , ~ o ~t~ /,E~ ~ .. 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Q.i1W~ :rf :.. ~~ ;~~~ ~r -, _, 1 ~ 1 ~ o~,, ~ ~, L~ / e ~ ~~ ~ o~ qS /~ 2 a~ °p /5 0 (/~ 6,~" ~~ ~,..t V~ "ggg ~ ~ ~ z a ~ ~: ~~ 6 ~ R~. ~o ~ / .~ .. ~ ~ ~I ~e Qa W e a e _~~ /04 a ~4 as /. ~~,J oy V L ` o ~ / ~ ~ nix, . ~;'. i. . • Attachment 5 • ~~~~~~ • • Ann Welsh ~rom:. Harold [hal@saratogafire.comj Sent: Wednesday,' October 22, 2003 3:11 PM To: Ann Welsh Subject: mt eden road subdivision SARATOGA FIRE DISTRICT. COUNTY OF SANTA CLARA 14380 SARATOGA AV. SARATOGA, CALIFORNIA 95070 Telephone: 408-867-9001 Fax: 408-.867-2780 www.saratogafire.com <http://www.saratogafire.com> PLAN CHECK REVIEW TRANSMITTAL FOR PLANNING DEPARTMENT FILE #: 03-218 DATE: October 6, 2003 # OF LOTS: 5 APPLICANT: Ho LOCATION: Mt Eden Road at Villa Oaks Lane PROJECT: 5 lot subdivision with single family dwellings, new access road, new emergency access road. 1: Property is located in a designated hazardous fire area. 2: All fire hydrants in the designated hazardous fire. area shall be located within 500' from the residence and deliver a minimum 1000 gpm for a . sustained. period .of 2 hours each at 20 psi residual pressure. Required fire flow could not be determined due to building floor-areas and construction ypes not given, there may be a substanial increase of minimum required low. (City of Saratoga Code 14-30:040 (c], as required by Saratoga Fire istrict) 3; Fire hydrants: developer shows three (3) hydrants to be installed. Such hydrants shall meet the requirements listed in item 2 above and Saratoga Fire District's specifications. Hydrant(s) shall be installed and accepted -prior to construction of any building. (City of Saratoga Code 14-30.040 [a] ) 4: Roof covering for all dwellings shall be fire retardant and comply with the standards established for Class A roofing. Replacement less than 10~ total roof area shall be exempt. (City of Saratoga Code 16-15.080) 5; Early warning Fire Alarm System shall be installed and maintained for all dwellings. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to Saratoga Fire District for approval. (City of Saratoga Code 16-60) 6: Automatic sprinklers shall be installed for all new dwellings including garage, workshop, storage areas and basement. An NFPA 13R sprinkler system with a single 2.5" Fire Department Connection (FDC) and 4. head calculation is required for each dwelling. The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic .requirements. Documentation of the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. The sprinkler system-and underground water supply must be installed by a licensed contractor. (City of Saratoga Code 16-20.165 for, designated Hazardous Fire Area, all new buildings except ccessory--str-uctur-es__#5.0_~s_q _ft)_ ___ _ _ ______ __ Access Road: (applies to both new Court and emergency access road) 'd a: Minimum width shall be 20 feet with a one foot shoulder on each si e. b: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) c: Maximum road slope shall not exceed eighteen percent (18~) for more tha~^u ca®~;~~ • • fifty (50) feet. d: Finished slopes from level to 12.5 shall have at least a six. inch aggregate base and a double-coat oil and screening surface. e: Finished slopes greater than 12.5 to15~ shall have at least a six inch aggregate base and a two inch asphalt concrete surface. f: Finished slopes greater than 15~ to 18~ shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surf ace . Note: emergency access road should be shown to connect to Vista Regina, not Via Regina. 8: Driveways: All new or improved driveways serving a single dwelling shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side. (City of Saratoga Code 16-15.200, as required by Saratoga Fire District) a: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) b: Maximum driveway gradient shall not exceed eighteen percent (18~) for more than fifty (50) feet. c: Finished slopes from level to 12.5 shall have at least a six inch aggregate base and a double-coat oil and screening surface. d: Finished slopes greater than 12.5$ to15~ shall have at least a six inch .aggregate base and a two_inch asphalt concrete surface. e: Finished slopes greater than 15~ to 18$ shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. 9: The cul-de-sac at the end of the new access road and the turnaround at the end of lot 5 shall have a minimum 36 feet outside radius. or an equivalent as approved by Saratoga Fire District. 10: Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic loading. (City of Saratoga Code 16-15.200, as required by Saratoga ire District) 11: Parking: Provide a parking area for two emergency v icles at the proposed dwelling site or as required by Saratoga. Fire Dist ict. Details shall be shown on building plans. 12: Security Gate: Any security gate width shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. If gates are electrically operated, provide emergency back up power or manual releasing. mechanism accessible by the Fire District. .(CFC 902.4) 13: Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (CFC 901.4.4) APPROVED: PLAN CHECKER: HAL NETTER HAL NETTER • • • ~~~U~~~ 2 • • Attachment 6 ~~~~ct' E MEMORANDUM TO: Ann Welsh, Assistant Planner CC: Applicant FROM: Iveta Harvancik, Associate Engineer SUBJECT: Geotechnical Clearance Conditions for Ho, SD-00-004 DATE: August 28, 20 ,revised April 20, 2004 Geotechnical Clearance is approved for the above referenced project. Conditions of approval are as follow: 1. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., setbacks; roadway and building site locations, site preparation and grading, landslide .mitigation measures, erosion control plan, and design parameters for roadways, foundations, retaining walls and other improvements) to ensure that all recommendations have been properly incorporated into the plans. The plan review letter shall include a written geologic and geotechnical evaluation of the revised entrance road alignment, and be accompanied by a revised geotechnical mitigation plan and cross section (I-I') depicting the new alignment, .probable lateral extent and depth of Landslide I and nearby Ols, and modified mitigation measures. The Project Geotechnical Consultant previously provided a recommended mix of expansive colluvium and granular rock material to help mitigate potential creep associated with expansive fills. The Project Geotechnical Consultant should confirm that the grading plan includes a note that satisfies the recommended mix specification (minimum percentage ofnon-expansive granular material). The plan reviews shall be summarized by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer and City Geotechnical Consultant for review and approval prior to construction of subdivision improvements. • C~ 2. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed ,and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface. and. subsurface drainage improvements, and excavations: for keyways, roadway subgrade, drainage trenches and foundations prior to the placement of engineering fill, drains, steel and concrete. The Project Engineering Geologist shall map geologic exposures in excavations and use the data to prepare a Final Engineering Geologic Map and Cross Sections of as-built conditions. Specific data pertaining to the depth and extent of colluvium and landslides, and orientation of bedrock structure, shall be recorded and incorporated into the as-built drawings. The results of these inspections and the as-built conditions of the project shall be described by the Project .Engineering Geologist and Project Geotechnical Engineer in a letter(s), accompanied by as-built drawings, and submitted to the City Engineer for review and approval prior to final inspection ofthe-subdivision improvements. 3. Prior to Geotechnical Clearance for lot developments, site-specific geotechnical investigations. shall be performed on Lots 1 through 5. As part of these investigations, the applicants' geologic and geotechnical consultants shall: (1) r view the data presented in the above referenced documents, and pertinent data provided in r orts cited in those documents, (2) perform supplemental. subsurface exploration and lab ratory testing, as needed, to adequately identify the extent and depth of surficial materials (e.g., fill,. colluvium, `and landslide deposits), (3) evaluate the long-term stability of slopes on the lots (including artificial and natural slopes), and (4) provide complete geotechnical design recommendations for the proposed construction. The investigations should include, but not necessarily be limited to the following: a. Grading and Drainage Plans depicting proposed cuts, fills and drainage improvements shall be submitted for each proposed residential development. The plans also. shall clearly depict building footprints, and landslide margins and construction setbacks from potentially unstable slopes. The Project Engineering Geologist and Geotechnical Engineer should evaluate all geotechnical aspects of proposed development plans. b. The geotechnical conditions in the building footprints (including driveways and parking areas) on each lot should be explored, and representative earth materials (i.e., bedrock, colluvium, artificial fill, etc.) should be sampled and tested to provide engineering parameters for foundation and retaining wall design. The geotechnical consultants should specifically: (1) determine the thickness of surficial materials (e.g., - 2 - ~ ~~Qr~~~ i artificial fill and colluvium) on the property, and (2) perform sufficient laboratory testing to characterize the density, strength, expansivity and other pertinent physical properties of the subsurface materials to below the depths of basements and anticipated foundations. Recommendations for drainage improvements should be provided, as well as specific recommendations for structwal foundations, as needed. c. We recommend that the project geotechnical consultant for individual lots consider the .long-term benefits of providing piers with minimum reinforcement of four, no. 5 vertical bars in a cage and at least 8 feet embedment into bedrock. The final foundation design criteria should be based on asite-specific investigation of each lot. d. Detailed engineering geologic cross sections shall be prepared (at a scale of 1 inch =10 feet) to depict the natural and artificial slope profiles (thus, proposed cuts and fills), locations. and depths of exploratory probes, depth and: orientation of various earth material units, and proposed improvements. Reference shall be made to final (as-built) geologic cross sections prepared by Pacific Geotechnical Engineering. e. The results of the site-specific geotechnical investigations shall be summarized in written reports with appropriate illustrations, and submitted to the City to be reviewed and' approved by the City Engineer and City Geotechnical Consultant prior to Geotechnical Clearance for each lot. {. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final foundation and grading plans (i.e., building setbacks, site drainage improvements and design parameters for roadways, foundations, retaining walls, etc.) to enswe that the consultants' recommendations have been properly incorporated. g. The results of the plan review shall be summarized in a letter(s) by the Project Engineering Geologist and Project Geotechnical Engineer and submitted to the City for review and approval by the City Engineer prior to issuance of a Grading Permit for each individual lot. h. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project demolition and construction. These inspections should include, but not necessarily be limited to: site surface and subsurface drainage improvements, excavations for removal of foundations and structures, and excavations for roadway construction and prior to the placement of steel; concrete and fill. i. The .results of these inspections and the as-built conditions of the project shall be described in a letter, and on revised (final) geologic maps- and cross sections, and submitted to the City Engineer for review prior to finalization of the grading permit. for each individual lot. 4. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Tentative Map approval. 5. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. - - • i Attachment 7 • FEHR & PEERS TRANSPORTATION CONSULTANTS To: Ann Welsh, City of Saratoga From: Sohrab Rashid, P.E. Date: March 18, 2004 Subject: Proposed Lands of Ho 5-Unit Residential Subdivision -Review of Site Access on ML Eden Road 1025-446-1 Fehr 8~ Peers has completed a review of the proposed site access for the above-referenced project. The project includes construction of 5 new residential units located on a new access roadway that will intersect Mt. Eden Road south of the existing Villa Oaks Lane intersection. City staff requested that Fehr & Peers review the proposed access point from a traffic engineering perspective. Background The location of the proposed driveway is shown on the May 2003 Overall Site Plan (Sheet 3 of 15) prepared by Hanna & Brunetti. The access road is shown intersecting Mt. Eden Road approximately 200 feet south of Villa Oaks Lane (measuring centerline-to-centerline). The access road is shown intersecting Mt. Eden Road on the outside of a curve and inclta es a 26-foot curb-to-curb width. Based on field observations and topography shown on the plan, tFi proposed intersection is located on an eight (8) to ten percent grade increasing the northbound dire tion on Mt. Eden Road. Ideally, street .intersections are designed along tangent or straight ections. Since sight distance is one of the primary considerations, intersections on the outside of the curve can be acceptable ff enough sight distance is provided in both directions. Sight distance refers to the length that a driver can see so as to avoid conflict with another vehicle or an object. in the road. The minimum stopping sight distance, which will be used to evaluate this situation, includes the distance a car. travels while a driver reacts to a situation and safely brings the vehicle to a complete stop. Required stopping sight distance is estimated based on the design speed of the roadway, which is typically 5 mites per hour (mph) greater than the posted speed limit. The posted speed limit on Mt Eden Road is 25 miles per hour, which would result in a design speed of 30 mph. According to the Caltrans Highway Design Manual, the minimum stopping sight. distance for this speed is 210 feet assuming a relatively flat roadway section. For downgrades of more than 3 percent over 1..25 miles or more, the required distance would be 20 percent higher or 252 feet. Access Roadway Evaluation In this case, a driver turning out of the proposed project access roadway and looking north can see for more than 350 feet. That is, a driver can see traffic turning out of Villa Oaks Lane and southbound traffic approaching on Mt. Eden Road for more than the required distance of 252 feet. It should be noted, however, that immediately adjacent to the proposed access roadway intersection is a wooden utility pole and several large shrubs/small trees. These are located between Mt. Eden ______ Road a_nd an adjacent fenced enclosure. To ensure adequate visibility, the two large shrubs/trees should be removed-The evergreen-trees located-next-to-the-fence-do-not-irnpede visibility:- - ~~~~~~ 255 N. Market Street, Suite 200 San Jose, CA 95110 {408) 278-1700 Fax (408) 278-1717 www.fehra ndpeers.com Drivers looking to the south can only see approximately 200 feet or less due to the curve in roadway and the landscaping and bushes located on the west side of the roadway. Although this distance is. less than the required 210-foot distance, vehicles traveling at the posted limit northbound on Mt. Eden Road would require less distance to stop because of the steep incline. That factor notwithstanding, we would recommend increasing sight distance to account for vehicles traveling faster than the 25 mph speed limit and to reduce the potential for conflicts. The best location for the access roadway is approximately 50 feet south of its current location, which would provide more than adequate sight distance in both directions. However, constructing this alignment would require the removal of several very tall trees (in excess of an estimated 75 feet in height). If the alignment change is not feasible, the landscaping on the south side of the residential driveway on the opposite side of Mt. Eden Road (approximately 100 feet south. of the proposed access roadway next to the residence's mailbox) should be trimmed andlor removed to increase . sight distance for vehicles exiting the project site. The proposed site plan does not include enough detail south of the proposed access roadway to show the exact location of where landscaping is recommended for removal. If needed, we can discuss this further with City staff or meet in the field to identify the exact location and extent of removal. A copy of a portion of the site plan is attached for reference purposes. • • ~'t~'Q,°~''~'~ _~ OV D: ~ n- I'- N W Qw ~~ aW ~~ 0 w li JO O W U ZQ o~ oa ~w U Q rw z= Q~ } , -:'~ :., m 0 ~. r. Z ~ , ~ :j~. :;:'i • .. ,~ -~ ~ \ %~•~< ,;:.. ; ....~.. . f ~'~ .. ~~~i .+. ~ • .' .../. ~:~: 1Qti ~;:~ . •. o rte: .:._:... .. .~~, , ~~~ • . ;; ~ . ~ '~~ Z .. ~~~ t 1 ~... = O R=.150..00 :.. U U ~ :.. ~ L=169.`73 ` ~ ~~,.. s 64"49'53` O J ~^~ Q . .~ ``• . ;... `\ ~ N ~~ nao~t s~,rw ~~ arau,"1d ~~ili~ ~~e ~o J Z O ,,,,,,~c'/ Y~ ~ Ve~~at'~~ vJiQ ~Lo`" / NV wU - ~w a N ~ ~o ~Q w~ ~~ ~,err,ove low ~a ~c4ox ••• ~~a~.vo _.... ~ • ~~. 1 90A '~ 1 i 1/~` ~ ~ i \ ~ 1 ~ 11 ,, ~- ~- -- - ~ 1 1 ~ ' ~~ I~ ' ' '~ '1 ,~ 11 , ,, 11 1~ ' ' '~ ,~ ~. ~~~ ~~~s FEHR & PEERS TRANSPORTATION CONSULTANTS To: Ann Welsh, City. of Saratoga From: Sohrab Rashid, P.E. Date: July 22, 2004 Subject: Proposed Lands of Ho 5-Unit Residential Subdivision -Review of Site Access on Mt. Eden Road 1025-446-1 Fehr & Peers previously reviewed the proposed driveway access to the above-referenced project site and summarized. our findings in a March 18, 2004 memorandum to you. Please refer to that document for background information. Subsequently, the project sponsor submitted a revised driveway access configuration with a June 2, 2004 letter from Maurice Abraham from Land Solutions. We have reviewed the new plan and our findings are presented below. Access Roadway Evaluation The location of the proposed driveway on Mt. Eden Road is now shown approximately 200 feet south of Villa Oaks Lane (measured from the curb return at the :southeast corner of the Mt. Eden RoadNilla Oaks Lane intersection). The driveway is proposed o include inbound and outbound access separated by a median with large trees in the cen r (see copy of June 2, 2004 configuration). A driver in the outbound driveway would be locate 190 feet from the adjacent curb return to the north.. The driveway location is at a point on the curve that now maximizes sight distance in both directions.' The minimum stopping sight distance for traffic on Mt. Eden Road was calculated based on the posted speed limit of 25 mph and an assumed design speed of 30 mph. The initial required stopping distance at this speed is 210 feet, but after adjusting for the eight to 10 percent grade of the road,. the stopping sight distance is actually 252 feet. That is, vehicles traveling down a grade require a longer distance to come to a complete stop. Some vehicles traveling southbound were estimated to be traveling in excess of the 25 mph posted limit. With the proposed driveway configuration, a driver turning out of the proposed ,project access roadway and looking north can see for more than 350 feet. That is, a driver can see traffic turning out of Villa Oaks Lane and southbound traffic approaching on Mt. Eden Road for more than the minimum required distance of 252 feet. The additional sight distance is important since some vehicles travel faster than the posted limit. Drivers looking to the south can now see the maximum distance of over 275 feet where the grade and curve. of the road blocks the view of approaching northbound vehicles. This distance exceeds the minimum required distance of 210 feet noted above. Vehicles traveling northbound on Mt. Eden Road would likely require less distance to stop because of the relatively steep incline. • • The attached plan shows gates for entering and exiting vehicles, and the proposed gate location would only allow one vehicle to completely exit Mt. Eden Road while waiting for the ga#e to open. Since the subdivision is only proposed to include 5single-family homes, a total of five to eight vehicles (or an average of one every seven to 12 minutes)- are expected to enter. However, we ~.w~.r' 255 N. Market Street, Suite 200 San Jose, CA 95110 (408) 278-1700 Fax (408) 278-1717 ~~~~'~ ~ www.fehrandpeers.com .. would recommend moving the gate at least another 10 feet away from Mt. Eden Road to provide storage for two vehicles, if feasible. Conclusions The driveway location shown on the attached June 2, 2004 plan is considered acceptable from a traffic engineering perspective by maximizing the sight distance in both directions. The project sponsor must maintain the landscaping on either side of the driveway so as not to reduce sight distance in either direction per City code. If feasible, the proposed entry gate should be located at least another 10 feet to allow two vehicles to queue off the adjacent roadway. • • ~~~~ ' i ~ 2 Attachment 8 • 5750 AIMADEN EXPWY SAN JOSE, CA 95 1 1 8-3686 TELEPHONE (408j 265.2600 FACSIMILE (408j 266-02 www.volleywater.o AN EOUAI OPPORTUNITY EMPLOYER File: 25282 , Calabazas Creek April 8, 2004 Ms. Ann Welsh City of Saratoga 13777 Fruitvale Avenue Saratcga~, CA 95070. Subject: Proposed- Subdivision; Lands of Ho in Saratoga Dear Ms. Welsh: Santa Clara Valley Water District (District) staff received the proposed subdivision. improvement plan for the above-referenced property on March 15, 2004. The site is located within the Calabazas Creek watershed. According to the Federal Emergency Management Agency Flood insurance Rate Map, the entire site is within Zone X, an area of 100-year flood with average depths of less than 1 foot. The site is located outside of the District's jurisdiction; therefore, a District permit is not required. However, previous plans showed an existing well on the site, Please be advised tha# in accordance with District Ordinance 90-1, the owner should show any existing well(s) on the plans. The well(s) should be properly registered with the District and either maintained or abandoned in agreement with District standards. Property owners or their representatives should call the Wells and Water Production Unit at (408) 265-2607, extension 2660, for more information regarding well permits and the registration or abandonment of any wells. The use of Best Management Practices (BMPs) during the construction phase is recommended to eliminate the introduction of construction wastes into Calabazas Creek or its tributaries. _ Construction wastes include sediment and nonstorm water. The utilization of erosion and sediment control BMPs, such as preservation of existing vegetation, slope drains, and streambank stabilization, will help prevent the disturbed soil from being- washed ,away during a storm event. If you have any questions or comments, please call me at (408) 265-2607, extension 3135. Please reference District File No. 25282 on future correspondence regarding this project. Sincerely, // ~ G~ (l~' ~~~~~ Wendy Allison i4ssistant Engineer II Commurnty Projects Review Unit cc: B. Goldie, S. Tippets, U. Chatwani, W. Allison, File (2) ~,,~® wa:jl~j'~.:u 0407b-pl.doc The mission of the Sonto Clara Valley Water District is a healthy, sofe and enhanced quality of living in Santa Claro County through watershed ~Ir ____._L,....;.. .............e.,,e.,~ ,.r ..,,..,,..,,.,.,..~~..., ., .,..,~r~~~l ~nd~ffxtive and environmentally sensitive manner. r Pacific Gas and & E/ect~ic Company Land Rights Office 111 Almaden Boulevard, Room 814 P.O. Box 15005 San Jose, CA 95115-0005 March 31, 2004 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Ann Welsh RE: Review of .Overall Site Plan Lands of Ho, dated May 2003 Mt. Eden Rd., Saratoga APN 503-13-067 PG&E file: 40323966-y04- MR-58 Dear Ms. Welsh: Thank you for the opportunity to review the subject map. PG&E has no objection to the map. PG&E owns and operates a variety of gas and electric facilities which may be located within the proposed project boundaries. Project proponents should coordinate with PG&E early in the development of their project plans to promote the safe anal reliable maintenance and operation of existing utility facilities. Any proposed development plans should provide for unrestricted utility access and- prevent interference with "PG&E easements. Activities which may impact our facilities include, but are not limited to, permanent/temporary changes in grade over or under our facilities, construction of structures within or adjacent to PG&E's easements, and planting of certain types of vegetation over, under, or adjacent to our facilities. The installation of new gas and electric facilities and,'or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules. and Tariffs as authorized by the California Public Utilities Commission. Please contact me at (408)282-7401 if you have any questions regarding our comments. Sincerely, ~ ~~v Alfred Poon Land Agent South Coast Area- San Jose ~"~~~~~~ • Attachme~~nt 9 ~~ ~~ ~Q®t~'.l'~? OISTRiC +' ?Y~.t~r`.C EF-ENGINEER MARK THOMAS & COMPANY, INC. DAVID E. ROSS D!sTRIC"' ~el.~NSF_ ATKINSON • FARASYN, LLP HAROLD S. TOPPEL March 24, 2004 Ann Welsh Community Development Department -Planning Cit cf Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 t Subject: Tentative Map Name: Wai Yan and Tsai Pi Ho Address: Mt. Eden Road APN: 503-13-067 Planning Application No: SD-00-004 Dear Ms. Welsh: 60.4RC ^~F nlRECTORS CURTIS B. HARRISON JOHN M.GATPO DR. JOSEPH F. BROWhI wILUAM a BoswoRTH WENDELL H. KERR, JR. File: CSD -MOP Planning Department-Saratoga The Cupertino Sanitary District has no new comments on the subject project. Please refer to our letter dated September 26, 2000, for our previous comments. Please contact Hayde Pacheco at (408) 253-7071 if you have any questions. Yours very truly, MARK THOMAS & COMPANY, INC. ~~ G~ David E. Ross District Manager-Engineer CHB:hjp I j Enclosure._ _. Q~`~p S AN I tqR~,%j ~ n U ~ ~ ~~ . ~ T ~~ ~"~~d1St{EQ ~'~ 21 20833 STEVENS (REEK BIVD., SUITE 104 (UPERTINO, (AIIFORNIA 95014-2350 (408) 253-7071 PHONE • (408) 253.5173 FAX SUPPITIN6 SANITARY SEWIAA6E SEAYIEES FOA: CITY OF ~UFERTINO, PORTIONS Of THE CITIES OF SAAATOGA, SUNNYYAEE, LOS AITOS AND SUAAOUNDING UNIN(OAfOAATED AAFAS September 26, 2000 Community Development Department -Planning City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Tentative Map Name: Wai Yan and Tsai Pi Ho Address: Mt. Eden .Road APN: 503-13-067 Planning A pplication No: SD-00-004 File: CuSD -MOP - Planning ,Department-Sarata -~•- ;.~: , ,~ w~-. ~:...:. . -.- . ~~u ~,- - -- - r ; ~ 4..M MiF, _ ! }pl,t The Cupertino Sanitary District has reviewed the plans for the proposed improvements an~J has4,~~- .~.,~ the following comments: `• »f ~ ` s = Sanitary sewer service can be provided for the proposed inaprovements:~ lmpro~ement and site plans will have to be reviewed by the District prior to issuance of a building pemart= _~ - - It is anticipa#ed additional Cupertino Sanitary District Fees and/or Permits shall be required for the proposed improvements. , . ~: .~ f w.~,~..,:~._:. «~ .~, ,~~ s It is anticipated a District plan checking and inspection deposit will be required forte ~-:, .. - i proposed improvements. <~~s ~ ,~ ~ Y k ~ ~Y i s f d f or condensate:#rom other general~surtace runoff water = ~ , ace or roo ra n Storm water from sur _ LLx residential HVAC equipment shall not be discharged to the sanitary sewer ~. any - - ~ ..~ - ---- ~~; Yours very truly, - ~- MARK THOMAS & CO. INC. ~i `~t ~r ~~ ~-~' i ~~~ District Manager-Engineer ~ ~ .: ~' 'I , \. G l by Carl H. Beckham ~, -I CHB:Iw cc: John E. Brotschi C.E. - Wai Yan and Tsau Pi Ho -~ ~~~~~. s • Attachment 10 • ~~b~~~~ AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) ~~ ~~- bein dul sworn, de oses and says: that I am a I, //~ ~ ~ Y r citizen of the United States, over the age of 18 years; that acting for the City of Saratoga, ,,J Planning Commission on the ~ day of ~~TO ~? ~ ~ 2004, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) e ent' ed to a Notice of Hearin that said persons are, the owners of said property who ar g pursuant to Section 15-45.060(b) of the Zoning Ordinance oft e City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. ~~ Signed • Q~~~~~ IRANY FRED Z &t CHRIS ETAL VIA REGINA ROAD INC OSSENBECK FREDERICK J 6x or Current Owner or Current Owner FUMIKO Y TRUSTEE 7 VISTA REGINA 18809 COX AV 200 or Current Owner TOGA, CA 95070-4865 SARATOGA, CA 95070 21950 VIA REGINA SARATOGA, CA 95070-4845 DER TOROSSIAN PAPKEN S &z REDD JANET F THOMAS HANNELORE E CLARA E TRUSTEE or Current Owner TRUSTEE ETAL or Current Owner 1340 POMEROY AV 322 or Current Owner 21978 VIA REGINA SANTA CLARA, CA 95051-3655 21955 VIA REGINA SARATOGA, CA 95070-4864 SARATOGA, CA 95070-4862 DALY JOHN W ~ SHEILA A GULDIMANN TILL M Est HLADIK GARY A &z YII-DER I or Current Owner DONNA M or Current Owner . 21931 VIA REGINA or Current Owner 21871 VIA REGINA SARATOGA, CA 95070-4861 21891 VIA REGINA. SARATOGA, CA 95070-4861 SARATOGA, CA 95070-4861 CONSTANTINO MATTHEW &t LAWRENCE THOMAS B ~ OKUNO ARTHUR F TRUSTEE JENNIFER ETAL CONNIE C ETAL or Current Owner or Current Owner or Current Owner. 21851 VIA REGINA 21823 VIA REGINA 21811 VIA REGINA SARATOGA, CA 95070-4861 SARATOGA, CA 95070-4861 SARATOGA, CA 95070-4805 CONKLIN CHARLIE C MOAZENI MEHDI &t BORER MARY A or Current Owner MAHBOUBEH or Current Owner 21799 VIA REGINA or Current Owner 12177 COUNTRY SQUARE CT TOGA, CA 95070-4805 21781 VIA REGINA SARATOGA, CA 95070 SARATOGA, CA 95070-4805 WN ANDREW J 6z MANDAVA SURENDRA B QUESNEL GREGORY L ~ PAMELA E TRUSTEE ETAL MICHELLE L TRUSTEE or Current Owner or Current Owner or Current Owner 21952 VILLA OAKS LN 22010 VILLA OAKS LN 22068 VILLA OAKS LN SARATOGA, CA 95070-0000 SARATOGA, CA 95070-9743 SARATOGA, CA 95070-9743 GHAFOURI SAEID &z ATOUSA CARSTENS CHRIS Esc ANGELA KINGSLEY JEFFREY R 6x BETH or Current Owner or Current Owner A TRUSTEE 22126 VILLA OAKS LN 22188 VILLA OAKS LN or Current Owner SARATOGA, CA 95070-9743 SARATOGA, CA 95070-0000 13625 DEER TRAIL CT SARATOGA, CA 95070-9739 KAO ROO J Esc TSYR-YI S MAGNER JOHN A Esc HEIDI L HAYNES STEVEN D ~ RHANNA or Current Owner TRUSTEE D TRUSTEE 22071 DEERTRAIL CT or Current Owner or Current Owner SARATOGA, CA 95070-0000. 13575 DEER TRAIL CT 22111 VILLA OAKS LN SARATOGA, CA 95070-0000, SARATOGA, CA 95070-0000 UPPAL INDERJIT S ~ COCCIARDI ANTHONY HAYNES STEVEN D &r RHANNA PARAMJIT K or Current Owner D TRUSTEE or Current Owner 22631 MT EDEN RD or Current Owner 22183 VILLA OAKS LN SARATOGA, CA 95070-9708 22111 VILLA OAKS LN S TOGA, CA 95070-9766 SARATOGA, CA 95070-0000 GELO RICHARD J 6x SCOLA PAUL A ~ JULIE A SCHERF FAMILY PART BARA G or Current Owner or Current Owner ~r Current Owner PO BOX 188 22200 MT EDEN RD 22461 MT EDEN RD SARATOGA, CA 95071 SARATOGA, CA 95070-9729 ~ARATOGA, CA 95070-9761 ~~~~'~~ MARINERO ERNESTO E ~ ;~ GARROD VINCE S TRUSTEE CHANG HANK C 6x YUNGHWA HAZEL G.S. ETAL or Current Owner or Current Owner or Current Owner 22388 MT. EDEN RD 22501 MT EDEN RD 22600 MT EDEN RD SARATOGA, CA 95070 SARATOGA, CA 95070-9732 SARATOGA, CA 95070-9758 KIM DENNIS S &r HYE O or Current Owner 22633 MT EDEN RD SAR.ATOGA, CA 95070-9708 IRANY FRED ~ CHRIS M or Current Owner 13937 VISTA REGINA SARATOGA, CA 95070-4865 HUNZIKER HEINRICH E 6x META TRUSTEE or Current Owner PO BOX 2807 . SARATOGA, CA 95070-0807 JOHNSON ROLSTON ~ JACQUELYN W or Current Owner 13999 VISTA REGINA SARATOGA, CA 95070-4865 rOSCANO WILLIAM B ETAL ~r Current Owner 13935 VISTA REGINA ;ARATOGA, CA 95070-4865 GARROD VINCE S TRUSTEE, ETAL or Current Owner 22600 MT EDEN RD SARATOGA, CA 95070-9758 FURLONG THOMAS C ~ ANNE G or Current Owner 13929 VISTA REGINA SARATOGA, CA 95070-4865 GARROD VINCE S TRUSTEE ETAL or Current Owner 22600 MT EDEN RD SARATOGA, CA 95070-9758 CHID DAVIS ~ CHRISTY or Current Owner 21777 MT EDEN RD SARATOGA, CA 95070-9723 DAGMAR HORVATH DAGMAR HORVATH or Current Owner or Current Owner 15209 BLUE GUM CT 15209 BLUE GUM CT SARATOGA, CA 95070-6268 SARATOGA, CA 95070-6268 HO WAI-YAN ~ TSAI-PI or Current Owner 22121 LINDY LN CUPERTINO, CA 95014-4836 I YAO SHIN S &r TSUI Y I or Current Owner 13947 VISTA REGINA SARATOGA, CA 95070-4865 CORNELIUS DAVID 6r MARY K TRUSTEE or Current Owner 13991 VISTA REGINA SARATOGA, CA 95070-4865 KOCSIS DAVID R &t DAWN H or Current Owner 13945 VISTA REGINA SARATOGA, CA 95070-4865 JAYAKUMAR VEDAGIRI K ~ INDUMATHI or Current Owner 13941 VISTA REGINA SARATOGA, CA 95070-4865 KARR ROBERT M ~ CAROL TRUSTEE or Current Owner 13951 VISTA REGINA SARATOGA, CA 95070-4865 STEWART JEANNIE or Current Owner 13927 PIERCE RD SARATOGA, CA 95070-4841 HUERTA ARMANDO Fst BARBARA or Current Owner 2314 SAMARITAN DR SAN JOSE, CA 95124-4248 IRANY FRED Z 6x CHRIS ET~ or Current Owner 13937 VISTA REGINA SARATOGA, CA 95070-4865 ~ `~~ • • Attachment 11 • Q'~~~Y~~ • • ;' Neighbor Notification Template for Development Applications Date: /L17` ~"~r~ /~o~r~ .~l/°/t/ S~3-/~-06 7 PROJECT ADDRESS: Applicant Name: ~~~//om ~Ja~ Yam'' ~v Application Number: '#~-3 "2/B The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Stajf 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. Irrespective of the opinion expressed below, you. may reserve the right to amend your opinion at a later date and communicate it to the . City of Saratoga. My si ature Belo i es the g: I h v~ewe roJect _ and nd t o e of wor nd I do N ave an ncerns o ues which ne e ess by the cant p ' ' the Ci lic he g on th a project. My signatwe below certifies the following: I have reviewe' the project plans; I understand the scope of work; and I have issues or concerns, hick after discussion with the applicant, have not been addressed My concerns are the following (please attach additional sheets if necessary): e .rdAc~`.!'anS ,gCress ovr. , I-ck.. bav~. A~ ~d7'e nti ~ ~ P--ohle~.. , w~ Also ~wv t /Aye A.+ Aa~n.AL$ t;$e:r Qurra.,, s- leMb) u,l~.o yrAtt rial.`-' 70 jl.~t bcundAry. T~~ b+.~rre«, cA.. b~ lo~cl. QCG v c ~ ~ 7'Itls i S "T~e tu~.-t.-y ",qr+d stiduld -+o i h.~ P~r"~i'f1"e~t 7'v co:»P 1aln, bv~ Ar-e ^I5d ~,~,~Cern~~( Aby~T T'l.~ .4r~liwA15 wiT1~ ?L~ road Sv G(oS@, Neighbor Name: '7' s r ~;-i-~'~~7~_ Neighbor Address: ~~,~ ~ ~ - ~~ ~e n ~4 Signature: . ~1~~ City of Saratoga J ~~~~ ~~~ FEB 0 U 9.2004 CITyOFSARATp~A ••,~ r~,,.,.~, ~.. _ Neighbor Phone #: ~~~ " <'0 D ~ f (~~y ~~ Printed: . ~~ Planning Department ~~~~~~ i' • ~ • Neighbor Notification Template for. Development Applications Date: . /YI /~ a/ ~4PN .503-/~-067 PROJECT ADDRESS. ~ ~~~ oA' Applicant Name: L~~.//.~r.~-, Lc/A-i Yar ~o Application Number: '~~3 -2~B The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Sta, fj"and the Planning Commission prefer that neighbors rake 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. ~vly signatwe 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 ~i~tb the applicant, have nat been sdd.-essed A1y concerns are the following (please attach additional sheets if necessary): ~•~~ - ~ ~ ~~ Neighbor Phone #: ~~ ~ ~ ~ 5 ~ ~c Signature: Printed: ~>7~ ~~ (.(~l`~SUyE Neighbor Address: J~o~~ ~ ~ c : , 1G~ J1~1 ~ ~'c, ,,~1 f3 2 3 iLw t~1~ (mot/ ,/~-) , Q 0 '' ~ r , ~ p yyl /~Lt ~ ~~. y~ 1Ve~ bor Name: \llG~~~-L'i l~/ j ~ ~~I ~/l I'i ~ ~, "~ C: y.~~ v iG~~Yt G ~ City of Saratoga Planning Department ~~~~ • 'on Tem late for Neighbor Not~ficah p Development Applications Date: ~f ~-~~ /~ogd .4P/V so3 -/~- 06 7 PROJECT ADDRESS: Applicant Name: ~,~i//<r.~ Lc~~ri y<rr ~o Application Number: ''~~-3 ' 2~8 The Saratoga Planning Commission reguires applicants to work with their neighbors to address issues and concerns regarding. development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look. favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staf, j''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.yourproperty. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues whicb 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, hick after discussion with the applicant, have been addressed My concerns the following (please attach additional~'she~ts if necess )• ~CCSLS S tvcl` 1 ~i" ~v~ ~-1- w;t` Mn.~ r,ro~ ~ ,rr y ~vo ~ sA (i ~(^~- J • • Neighbor Name: ~'rn'~~~ ~ ~'~ ~~~ ~ VL + ''`~ v ~~ Neighbor Address: ~~~_ ~ ~" J~" \~ ~-~ 2 2 S©~ ~-~ - ~~ ~ f -~ , cam:-~d'`^~~ ~ y S~ ~-~ 7 ~ ~ l ; ~ ~. v~..~.! ~(~ ~G~ ~ sL. ~ g „ „ ~ ; i Neighbor Phone #: ~"? ~~~ 2 1 S 2 ~ Signature mil/(-,/~Q.,~_. . Printed: ~kpe~'~b ~ G.ze! City of Saratoga Planning Department • ~~'~~~~ • N•hbor Notification Tem late for g P Development Applications Date: . /Yl7` ~~r~ /~o<r~ Qf N S03 -/~- ~6 7 PROJECT ADDRESS. Applicant Name: ~~i/~ar•~ Lc~~ri yar ~v Application Number: '~~3 -2/B The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Sta, fj"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. Irrespective. of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewe the project plans; I understand the scope of work; and I have issues or concerns, hick after discussion with the applicant, have not been addressed My concerns a the following (please- - attach additional sheets if necessary): ~ V''~k • ode ~,~ ~~ ~~•.~ 5 wo ~~d c~ltow ped ~~ (eq ~ ~~~ ~; ~C: t!=ol~t~,°.c-~ ik+(? eXiS~ '~c~t~S . ~ Sy~~~c w~ ~~ `~ CU , ~~ 4' L~ ~ ~ 2 Gc C~- c S~ ~!`C C~,w~eM,C~ -~'~~-`~- V~rcS cll ~.`~t'Ca.~ ul 3~~t aa Neighbor Name: ~ ~r a ~~ r ~ ~ 't'~^~. ~ WY Q ~^ Cj2 ~ S i d e to cY,, Neighbor Address: `t,~ t.~ ~' 12 N L'~-e~ ~' ~1~- ` O`( CJ ~.XA ~ a Neighbor Phone #: ~ ~ (O "~T ~~5 Signature: Printed: City of Saratoga Planning Department ~~~~~~ ,~ Neighbor Notification Template for Development Applications Date: ~ . /L17` ~'a~r~ /~y<rd ,4PN So3-/~-467 PROJECT ADDRESS. Applicant Name: Lc~i//ar.~ Lc~~ri Yar ~o Application Number: '~03 -2/t3 The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by .applicants prior to the public hearing. Stajf 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. Irrespective of the opinion expressed below, you. may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the 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): See a~{'~. c.~ e ~ ~~~'~" Neighboz Name: I , ay ~ ~ K O~ ~~ ~ S Neighbor Address: 13~ y5' ~~ e---c~ ~o~~ . Neighbor Phone #: L~ ~ ~ ~6 ~ ~ 3~ 9 Signature: Printed: City of Saratoga Planning Department ~~~~~~ • • David Kocsis 13945 Pierce Road Saratoga, CA 95070 April 19, 2004 City of Saratoga Planning Department Dear Sir or Madam: ~U qPR 1 9 2004 U CITY OF SARATOGA '"~MUNrfY nFVFi n~~ .. This letter is in regard to the proposed subdivision of APN #503-13-67 on Mount Eden Road, owned by William Wai Yan Ho and Tsai Pi-Ho. My wife and I own a property adjacent to, and downstream from, the Ho property, on the small private road known as Vista Regina. We have lived here for twelve years. I am generally in favor of several aspects of the plan. as it was explained at the January 29, 2004 neighborhood meeting held at the Saratoga Library. The number of proposed lots (five) seems reasonable and the idea of clustering the lots in one area and leaving a large open space area is attractive. I have several concerns, however, as follows. Storm drainage: A seasonal creek drains almost the entire Ho property, as well as portions of several adjacent properties, which then passes through my property and several others as it flows toward Calabasas Creek. Although the flow in the creek is quite small most of the time, I have seen it become a raging torrent during large storms. I am concerned that the concentration of storm water from several acre-feet of additional paved roads, driveways and other impervious surfaces such as roofs, patios, walks, etc., will create more surface water runoff into the creek during storms, worsening the torrent running across my property and potentially damaging trees and other plant life as well as causing more erosion. Sewage: The sewer line under Vista Regina has had numerous problems over the years, including at least one instance where raw sewage backed up and flowed into Calabasas Creek. I am concerned that the increased sewage from five very large homes, with many bedrooms and bathrooms, and the potential to generate large quantities of sewage during holiday parties and the like, will overwhelm the existing sewer line and again cause sewage runoff into Calabasas Creek, and potentially into my backyard through my sewer line cleanout. Safety issues on Vista Regina: Vista Regina is a narrow private road maintained by the homeowners it serves: The road is in poor condition due to a substandard road bed and insufficient drainage in several areas. There are blind driveways, a narrow wooden bridge crossing Calabasas creek, and an entrance onto Pierce Road with limited sight distance that already present safety challenges to the residents, children, grand-children, and pets living on Vista Regina. I am concerned that ~ additional traffic generated by this project will make a bad safety situation worse and potentially lead to increased expenses to the residents to repair and maintain the road and bridge. Emergency access road to Vista Regina: Related to the previous "safety issues" point, I am concerned the proposed emergency access road could create more traffic on Vista Regina under some circumstances. Who would have the key to the gate? Under what conditions would the gate be left open? If the gate were open it would obviously be a tempting shortcut to Pierce-Road for the .residents, gardeners, landscapers, house cleaners, pool cleaners, etc., of the proposed five new homes, as well as other Mount Eden residents. Fences: I have noticed a tendency in recent years for property owners to fence large portions of their properties. Although Saratoga has ordinances governing the practice, the ordinances are widely ignored. One of the primary reasons I moved to this location is so I can enjoy the wildlife traversing the riparian corridor surrounding the seasonal creek mentioned previously. Over the years I have seen ®~~'~~ • Page 2 April 19, 2004 many deer, bobcats, coyotes, foxes, skunks, raccoons and turkeys, to name a few animals, on both the Ho property and on mine. I don't ever want to see that change. Environmental impact on riparian corridor. I am concemed about the potential effect of chemical fertilizers, herbicides, insecticides, deck and patio washing detergents, car washing detergents, etc., from the five future homes on the riparian corridor. What steps will be taken to ensure they do not enter the corridor'? Construction traffic, noise, and dust: I am concerned that the large amount of grading proposed for this project will generate a large amount of traffic, noise, and dust Landscaping: I would prefer the use of native vegetation for any landscaping along the proposed emergency access road connecting to Vista Regina. This will minimize the need for irrigation and the use of chemical fertilizers and pesticides. Use of proposed open space: The Ho property (previously known as the Peck property) has been used for decades as a place for neighborhood residents to walk, ride horses, and otherwise enjoy the open space. The proposed trail through the open space is a good idea. What will be done to ensure it will remain open to the neighborhood at large? I raised many of these issues at the neighborhood meeting on January 29. The responses I received at that time were lacking in specific details. I would expect that impacts as important as worst-case storm water runoff and sewage volume would be thoroughly understood, and that guarantees could be made that existing residents would not be negatively affected by the proposed development Sincerely, 1~~-~ v L%~ David Kocsis • • ~~~v~~ • t'fication Tem late for • Neighbor No ~ p Development Applications Date: /Jill'` ~a~r~ /~o<ra' ,at~°~1/ ,SO,.~-/~-06 7 PROJECT ADDRESS: Applicant Name: Lc~i/~<r.~ Lc~~ri yarn ~v Application Number: '~~.3 -2/B The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look. favorably upon neighbors who fail to voice.their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. My signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewe the project plans; I understand the scone of work; and I have issues or concerns, hick after discussion with the applicant, have not been addressed My concerns a the following (please attach additional sheets if necessary): Neighbor Name: ~~ ~n TI `% ~~IQ t' S l /S ~ /~~ Neighbor Address: Neighbor Phone #: ~. yG ~ ~ 7'7~/ ' ~ ~~f G Signature: Ciry of Saratoga Printed: Planning Department ~~~~~ • Neighbor Notification Template for Development Applications Date: /L17` ~'~r~ 2oA,o~ ~4/°/V 503-/3-06 7 PROJECT ADDRESS: Applicant Name: ~,~.//.a.~ Lc%r~ yA'r~ ~o Application Number: '#~.3 -2/B The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Sta, fj~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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga.. My signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the 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 N ~-K r~ Neighbor Address: 0 ~dX Z ~° ~f `!J ~'t/ G~' Neighbor Phone #: ~ ~ ~" Signature: Printed: City of Saratoga Planning Department • ~:l • ~~~~~ • • Neighbor Notification Template for Development Applications Date: . /L17~ ~~~ /~vad .4PN 503-/~-~6 7 PROJECT ADDRESS. Applicant Name: Lc~i//u-.~ Lc~cri yarn ~o Application Number: '~~-3 ~' 2/B The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the Ciry of Saratoga. 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 (vlease attach additional sheets if necessary): Nei bor Name: ~~~t L L Neighbor Address: `' ~ ~ 3 S ~~ ~~ ~.t/ ~~ Signature: co---d Ciry of Saratoga Neighbor Phone #: / ~ ~ ~? ` ~ ` ~ ~~ Printed: ~- / L C, l ra ~! ~ O SC ~ZZ d Planning Department ~~~~Y~~ • • FAX Bill Cooper 22737 Mt Eden Road Saratoga, CA 95070 • To: William Ho From: Bill Cooper, 867.3616; fax 867-4426 Fax: 865-1899 Date: January 29, 2004 Phone: 218.8785 Pages: 1 Re: APN 503-13-067 CC: Saratoga Planning Department ^ Urgent ^ For Review D Please Comment ^ Please Reply ^ Please Recycle I'm sorry I have to miss your presentation this evening, but I hope you will able to address the following questions: 1. Where are you in the process with the city? H ve you submitted your proposal yet? 2. What is the area of the whole parcel proposed or development? 3. What is the total area of the proposed home sites? 4. What would be the lot sizes if this was not a cluster development? 5: What is the slope density calculation of the proposed lots as proposed? 6. What is the slope density calculation without open space dedication? 7.,What is the road ROW width and cross section? 8. Is this actually Via Regina extended? (It should be - we encourage an expanded road network for the area because it reduces traffic on other streets and provides better emergency vehicle access.) 9. If not, what will be the street name? 10. Will the public have access to the open space and the trail? 11. Who will maintain the open: space? 12. How will the trail relate to the surrounding. trail system? It should connect to other trails but appears to be a closed loop. 13. Will the trail be dedicated-as-an easement to the City? 14. Where is the water coming from? ~~ • ~~~~~~ :~ Ann Welsh ~rom: Cheri Keenan [cheri@ald.com] Sent: Tuesday, September 24, 2002 11:57 AM To: Ann Welsh Subject: Ho Property Ann Here is the summary of concerns that were expressed at our neighborhood meeting plus the email list. Cheri Keenan On Saturday, December 2, 2001, a group of homeowners from the Via Regina, Vista Regina/Pierce Road, and Mt. Eden Road areas gathered at the home of Rolston and Jackie Johnson to discuss their concerns regarding the proposed Ho property development project. The following is a summary of concerns and comments voiced at the meeting: 1. The proposed development calls for a twenty-foot road to be built along the property's ridgeline. Concerns were that this road is bigger than they were originally told, that traffic, lights, and noise would be offensive, and that such a large road at the ridgeline would be visually offensive. Suggestions to an acceptable road included building a narrower road, border the road with berms and landscaping, and lower the road off the ridgeline. 2. The proposed development calls for five to seven homes to be built along- the ridgeline. Concerns were that the homes would look "clustered" together and be visually unattractive. Suggestions were for fewer homes, build the homes below the ridgeline, and spread the homes throughout the development rather than clustering them at the top. Developing these homes will create the need for proper drainage of water and sewer. Concerns were-that this drainage should not negatively impact Via Regina and Vista Regina. Suggestions were to require the developer to put a bond in place f.or a reasonable. time after construction to guarantee coverage of the cost of correcting any problems that may arise from the development including landslides and drainage issues. One family's property is on both sides of the creek. They are concerned, as are the families on Via Regina, that the development could create additional runoff and risk of flooding. It was also suggested that the developer be required to put in place a maintenance agreement among the common owners of the subdivision to maintain the sewer and drainage lines. Additionally, Vista Regina residents do not want their sewer pump system used by the development. q, vista Regina residents do not want their street used to access the development site by construction vehicles or emergency vehicles. They are concerned about wear and tear of their bridge as well as general noise, dirt and dust disturbances from construction. 5. Property owners are concerned that the developer would fence in his project. They want to maintain the open space atmosphere that originally attracted many of the residents to this area. 6. The development calls for a pedestrian and equestrian trail. The property owners want to be certain this trail is easily accessible to all of the surrounding properties, including those along Via Regina (perhaps by individual trails leading to the main trail). The trail should be designed in such a way to encourage the use and pleasure of the surrounding neighborhoods, taking advantage of the beautiful scenery as well as allowing access to adjoining trails. 7. Many of the neighboring property owners have horses or other livestock. The owners are concerned that new owners will complain about the smell of anure, flies, etc. It was suggested that a clause be placed in the deed of ~he properties in the new development that would state that the buyers recognize they are buying a home in a-rural environment and that they cannot complain about the impact of neighboring rural animals. 8. Lastly, it was suggested that the developer agree to adhere to specific, reasonable restrictions regarding construction noise, dust, and times and days construction could begin and end. 1 ~~~~~~ • johnc~ald.com, cheric~ald.com, jhbaron@pacbell.net, wtoscano@mail.arc.nasa.gov, huerta~ifriendly.com, vkjkumarc~yahoo.com, rolston@butler-johnson.com, dguldmattbi.com, kmQ2cats.net, puppal~ci.milpitas.ca.gov, amcarstens@aol.com, dlazz,ppreferredcm.com, Home Baese, DCrosby007(~aol..com ('DCrosby007@aol.com'), jlittle®advizion.com,jdaly1000@attbi.com Cheri Keenan Advanced Logical Design, Inc. cherimald.com 12280 Saratoga-Sunnyvale Rd., Ste. 201 (408) 446-1004 Saratoga, CA 95070 i • • ~~~~~~ ....-- Jack Daly 21931 Via Regina Saratoga, CA 95070 February 12, 2002 Ms. Ann Welsh City of Saratoga Community Development Dept 13777 Fruitvale Avenue Saratoga, CA 95070 Dr. Ms. Welsh: My wife and I live at the end of Via Regina in the last house at the top of the road. Our 3.6 acres of land shares a fence along the. northeast side of Mr. Ho's property and the top ofour property shares a boundary with homes atop Villa Oaks Lane: Our property looks directly into Mr. Ho's property at eye level with the ridgeline. We have lived here since 1984. We moved into this wonderful part of Saratoga because we fell in love with the magnificent views, abundant wildlife and the quiet, serene beauty of the surrounding hills, countryside and valley. We purchased our property not only because of its surrounding beauty, but because it allows us the good fortune of keeping our horses at home, the abil ty to access trails easily, and the ability to raise our children with the opportunity to learn to rid and care for horses at a reasonable cost. Shortly after we moved to Via Regina, Mr. Cocciardi began his development of the 46 acres of orchard and quarry land that is now Mt. Eden Estates. I was astounded at how his earthmovers came in and moved and leveled the land to create the development. My wife and I were. extremely upset when the earthmovers chopped at least thirty feet of land offthe top of the hill bordering the top ofour property to make room for several large homes at the top of the development. Once the development was completed, we saw one property become uninhabitable for at least one year due to a landslide that severely damaged the house; driveway and public road. We saw another major slide behind- one of the homes atop Villa Oaks Lane cause major damage to the back yard extending into the 30-acre Ho development. Additionally, since the development of the Villa Oaks Lane homes, the northwestern portion ofour property slides to the extent that we cannot install anything other than t-post fencing for fear it will be taken out by a slide. Now my wife and 1 are faced with the Ho development, which has taken a remarkable turn towards what I consider to be the worst in terms of proposed development. We understood Mr. No's intentions originally were to develop one single family home on his property. We now know that he has submitted plans to build at least five homes. A development of this size will have a strong negative impact on the neighborhood in numerous ways. First, I believe Mr. Ho's development is far too dense for this rural azea. From my perspective, five homes stretching across the ridgeline would look like a huge wall of buildings. My wife and I believe any homes developed on this site should be built below the ridgeline so they will not obscure the views from Via Regina and Mt. Eden Estates residents. A smaller development of Page ] of 2 ~~~~'~~ from one to three homes would be more suitable to the area. Each of these homes should be required to maintain suitable landscaping so as to buffer their impact on the neighbors. Second, traffic, lights and noise from this proposed development would completely change the quiet, serene atmosphere my family and the neighborhood so enjoy. Perhaps a recessed road with four or five foot berms to buffer the impact would be a satisfactory solution. Third, I have seen numerous slides occur in the Ho property.' I am concerned that the unstable soil could lead to further landslides, altering the flow of water, and creating further erosion. As I mentioned earlier, I have seen first hand major slides in the Mt. Eden Estates development in . . spite ofcity-approved engineering and calculations. The Ho development must be very carefully engineered and supervised to avoid the problems that have occurred elsewhere in the area. Fourth, increased development in the Saratoga hills will displace more and more animals. The Ho property is inhabited with many animals, including deer, fox, coyotes, red tail hawks (an endangered species), turkey vultures and falcons. A large development such as that proposed by Mr. Ho will further displace these animals and take away the natural beauty that attracted my wife and me and many others to this area. A much smaller development is a necessity. Lastly, as I mentioned, we are horse owners. We specifically bought our property because of its access to trails in Saratoga and Cupertino. We are very concerned that development of Mr. Ho's property includes a multi use trail allowing access to other trails in Saratoga. For eighteen years, my family has used the Ho property to access the trails at Garrod Stables and the Cupertino. Fremont Alder Open Space District. Every day we see people in the local community walk or ride through the Ho property and enjoy its beautiful setting. Due to heavy congestion on Pierce Road and much development along Mt. Eden Road, this pazcel offers the only safe means for horseback riders and hikers to travel from Pike Road to the Stevens Creek Park and the Open Space district. We would like to see a multi use trail designated for this area with access from each of the homes along the. Via Regina and Vista Regina borders as well as the surrounding area. I appreciate you taking our concerns into consideration. Sincerely, ack Daly s Page 2 of 2 ~~~ ~~~ 21891 Via Regina Saratoga, CA 95070 February 4, 2002 City of Saratoga Community Development Department c/o Ann Welsh 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Ms. Welsh, We are writing with concerns about the housing development of the Ho property. Our understanding is that Mr. Ho proposes to build 5 residences on the ridge on property, which has been assessed to be the most likely to slide in the future. We have one question and one comment. Our question: If the city grants Mr. Ho permission to build on this site, and if there should be land movement which forces the construction site or the house(s) to be abandoned, is there a city. regulation requiring the property owner to dismantle what was built and restore the environment? Given the significant potential for severe earth movement, we are very concerned. that we may otherwise be exposed to a rather ugly sight. Our comment relates to the direction that the Planning Board could take in their long- range planning for the city housing development. The Saratoga hills aze strewn with over-sized "starter castles' that have been built recently with no consideration for the architectural history of the azea, and with no effort made to blend into the environment. Some communities have strong regulations that limit the visual impact a structure can have, but we feel that Saratoga has failed to take a strong stand on these issues. Ow objection to the homes on the ridge of Mr. Ho's property are based on our fear that they too will be a glaring eyesore. Sincerely yours, Donna & Till Guldimann i t __ ®~~.~~ • February 1, 2002 Armando & Barbara Huerta 14225 Saratoga Sunnyvale Rd. Saratoga, CA 95070 408-867-6078 Ms. Ann Welsh City of Saratoga Community Development Dept. 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Ms. Welsh, My wife and I are the property owners of land at 22551 Mt. Eden Rd.-A.P.N. # 503-13- 117which is west of Mr. Ho's property. We were just recently approved to build our dream home. In December we were informed by our neighbors that a subdivision is being proposed by Mr. Ho with a road access at the ridge line of our property which would be overlooking our. home and also would be very close to our new home. We purchased this property two years ago because of somev~hat of a flag lot design. The thought never crossed our minds that a subdivision would bell built right behind us. We believe this development will severely impact our property th most due to the wide road access proposed. It will be crossing ow front entrance, livin oom and masterbedroom areas. We are also concerned that it will lower our property value. We would very much appreciate, Ms. Welsh, prior to this development proceeding any further that you have Mr. Ho and his Architects meet with the concerned neighbors as ourselves, and try to work together for an amicable solution. concerning this proposed development. Sincerely, ~: ~~a,~ ~ ~- Armiando & Barbara Huerta • C • ~~~~~~ - ~ • - Dave Cornelius and %athy Moore 13991 Vista Regina. Saratoga, CA 95070 867-1432 17 January. 2002 Ms. Ann Welsh City of Saratoga Community Development Dept 13777 Fruitvale Ave Saratoga, CA 95070 Dear Ms. Welsh: We would like to take this opportunity to express our concerns over the development of the parcel owned by Mr. Ho. This pazcel adjoins ours on two boundary sides. We have a number of concerns that I will list for you here: 1. Initially we understood, and were pleased to know, that there was to be only one home on the pazcel, thus maintaining the rural character of our neighborhood. 2. Drainage from this development could have an extremely negative effect on the -creek that runs through the bottom of the parcel and flows adjacent to Vista Regina (and Via Regina at the far end). 3. Just the construction process of 5=7-homes on this unstable pazcel puts all homes ~ - below at an undue risk of flooding and drainage issue . As I'm sure you are awaze, several slides have occurred on this particular iece of property and a not to mention law le tr f ki b : oub or ng e as massive development just seems to suits. Once the homes aze built. there will continue to lje increased drainage burden on all properties, such as ours, downstream.. 4. We are adamant that the private nature of Vista Regina road be preserved and that the new development not seek, nor be granted, any access or egress across out aging bridge and street. Maintenance of the road and bridge are an ongoing expense and concern for the eleven homeowners on Vista Regina. We are not interested in any increase of this burden, especially without fair compensation. 5. One of the beauties of the area is the open space nature of the property.. We are concerned that the Mr. Ho will eventually seek to fence in his land thus disrupting the travel patterns of the various wildlife, that currently inhabit the area. Actually development in this area will adversely affect resident wildlife. Many hawks, owls, deer, coyotes, rabbits and other beasts have found refuge here for years and. will be pushed out by such an expansive development. ... - 6. Maintaining trail access for hikers as well as equestrians is extremely important. We don't want to see the homes with horses and other livestock become "landlocked" without trail access. Also, we wish to preserve the rural character of our neighborhood and aze concerned that new arrivals will be offended and seek to remove livestock.due to flies or the odor of manure. 7. The proposed 20 foot road on the ridgeline seems faz too wide and obtrusive for the area. It will be noisy and offensive to the existing homes on Mt Eden Rd., ~~~~~ • • Vista Regina, Via Regina and the other one at the top of Mr Ho's property. (Mt Eden Estate perhaps?) 8. 5-7 houses clustered along the ridge top exceeds acceptable density levels in our neighborhood. From our sight line, having the houses at the ridgeline is not the main issue, though I realize that is a major concern to others. We just feel that 5-7 houses are too many- whether they are clustered on the ridgeline of scattered lower on the parcel. Thank you for your careful consideration and attention to our concerns. Sincerely, ~~ ~-- Kathy Moore and Dave Cornelius s • ~+~~~. t ~~ April 18th, 1994 Mr. Paul L. Curtis Planning Director, City of Saratoga. 13777 1=ruitvale Avenue Saratoga, CA 95070 • 9/~ j~~i ~~~~ lJ ~ Subject: Development of Parccl APN 503-13-J~ (Peck property) Dear Mr. Curtis, • 1 The purpose of this letter is to communicate some concerns all of us have with the subject development, early enough so they can be considered a{ the .preliminary planning stage. instead of being brought up later when they might disrupt the planning and approval process. According to informatican given us by Mr. George White of your Department, development of this Parccl ~a~ill have t~ awa.it expiration of its present Williamson Act status on 12/31 / 199h. We want to make it clear a.t this trmc that Svc arc oppos d to using our private road as. an access road for the houses to be built on the grope, ty. Since the road already serves 11 residences, one more than the maximum set previously by the City, adding any more houses to it would force it to become a public street. This would entail substantial widening and complete rebuilding ref tlic prescnt single-lane bridge over. Calabazas creek. That bridge now provides us with a certain amount of privacy which we don't want to lose. Street ~~~idening and increased traffic would strongly affect some of the .existing houses on our street. which have small setbacks.. We favor a solution ~c~here the subject new c1c~~elopment gctt its main access from its northern entrance at Mt. Eden Road, while its southern entrance, our private road, is used as emergency access only. This emergency access would be blocked for all motor vehicles by a barrier, analogous In barriers at Quarry Road and elsewhere in the City. Maintena.ncc of the prescnt. private road and Inc-lane l~ridge would remain the responsibility of the residents. We hope that this solution is simple, economical, and obvious -and agrees more or less with the one preferred by you and your staff. If this is not the case, we request that you let us know and give us a chance to discuss the matter as early as possible. We also request that you give copies of this letter to prospective developers of the property as soon as they start 'to work with you on preliminary maps. Yours sincerely, ~~~~~~~ ~~ ~ ~__ u~__'~"'LG~-. ~___ Heinrich and Regula Hunziker 1.3925 Pierce d. ~ ,~ ~~ - ~~' / l '"~ ,,- Gary and ~ryl Gettlcmaa 13929 Pierce Rd. ~~~~ --- ~~ d` Fred and Ch~'is lra.ny 7 Pierce R ~ ~-'"~-~ David anti Da«-n Kocsis 13945 Pierce Rd. r-z..t.vil r-- ISL..---^ -- c ~c~^%4i==-s J Bob and Jonlyn Karr 1395,x•;-pierce Rd.~`~ ~T--~---- ---,----- 1 and . ckic Johnson Pierce Rd. i nnic Stewart X27 Picrcc Rd .l~c_~_~_ _~.D_~<~-xa (ail) Tc~~cano and Pat Crnvings 93> Picrce Rd. I ~~ Ramzi and Lincla Taki 13941 Picrcc Rcl._ .~CJ~ ~ ~ U c t.._._ ~ G(. ------------------------------- Shin and A~ncs Yaci 13947 Picrc Rd. -4_~GL ` - - -- ----- David C~rnclius 13991 Picrcc Rd. cc: Fox and Carskadon Better Homes anti Gardens attn. Mr. Raymond .1. Nasmeh 12029 S. Saratoga-Sunnyvale Rd. Saratoga, CA 95070 Mr. George White Saratoga City Offices -1:3777 Fruitvale Avenue Saratoga, CA 95070. ~~ ~: ,, C ~~~~ • • f Chris and Angela Carstens 22188 Villa Oaks Lane Saratoga, CA 95070 Ms. Ann Welsh City of Saratoga Community Development Dept. 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Ms. Welsh, .l_ January 23, 2002 My wife and I are very concerned about the proposed development of the Ho property. Actually, we're very shocked by information received from ow neighbors regarding the extent of the intended . development. Two years ago we were informed by James Walgren, the Director of Planning for the City of Saratoga, that only one house was approved for development. Now he's gone, as well as most of the planning Department, and we heaz that ai least five homes are planned for submission to the City for approval. We would appreciate an explanation of how Mr. Ho now has enough confidence with the City, and specifically with the Planning Department, to submit such a proposal. Mr. Ho's property development would have a major impact to ow property since we have 2.5 acres on the northwest side of the property (Tract 7761, lot #9). In addition, we have a 60 feet wide road easement through ow property for purposes of road access to Mt. Eden Road for Mr. Ho's parcel. The intent of 60 feet of access is actually 20 feet of road and 20 feet on each side of the road for landscaping. Given the current location of a dirt road access to the Ho property, in this easement area, it can be assumed that a 20 feet wide road will come within 30 horizontal feet of ow Master bedroom. This road would require elimination of old gowth eucalyptus trees, small oaks and other native trees leaving ow home with noise, security and privacy compromises. Additionally, this easement passes through a scenic easement area, which should require special consideration for minimizing the visual and environmental impact to the area. Unfortunately, ow home was required to be built in this undesirable location, due to a landslide in 1997, where the front yard of ow neighbor's-newly constructed home (Lot # l0) and Villa Oaks Lane all slid into ow lot. The City of Saratoga assumed responsibility for the slide and completed the repairs in late 1997. The resulting repair changed and limited the suitable building location on ow property. This has resulted in ow new home building site being moved from the originally intended middle of the lot (when the mad easement was approved) to a small area which, unfortunately, is on the west ridge of the lot close to this road easement. The access road to the Ho property from Mt. Eden Road needs to be minimized to a private driveway size. We're requesting that the approximately 200 feet of access road on ow property not exceed l2 feet in width, including gutters, as it passes through ow property and onto the first approved home site. It should be wide enough to get emergency vehicles in and out, but not wide enough for two vehicles to pass each other. Passing areas and turn-around areas would be developed on the Ho property access roads for truck and fire truck access. Thus, keeping the natural landscape appearance to the area. If this is the only access to the Ho development, then we believe the quantity of homes allowed shouldn't exceed two or three. This would closely match ow lot size and be more appropriate with the surrounding horse properties. We actually prefer one home, as previously promised. In addition to the concerns the neighbors have on the properties below the Ho development for storm run- off, horse access and acceptance, we're also concerned for the wildlife that lives and hunts on this property. Deer, red tail hawks, owls, raccoons, etc. are all seen almost daily on this property. Preserving most of this property in its natwal state would help sustain the wildlife and beauty of this nval area. Regarding the homes to be built, the location of the approved structures is critical to the neighbors' privacy and the natural beauty of the area. Homes should not be allowed to extend above the ridge facing Mt. Eden Road. The home/s should be placed down the slope with fast level foundations equal to the lower elevation (valley) of the property. These homes should not be visible from Mt. Eden Road or from the properties west of the top ridge of the No property. ®~.~J~~ Chris and Angela Carstens • 22188 Villa Oaks Lane Saratoga, CA 95070 ' 2 ' • Lastly, we have major concerns regarding the building contractor that Mr. Ho is planning to use for this development. Chris met with Mr. Lee who introduced himself as a personal friend of Mr. Ho. Mr. Lee is responsible for the many construction vehicles, storage containers and debris piles that were stored on the property for at ]east two years. The City or Fire Marshall finally had him move the vehicles offthe undeveloped land this fall. There are still piles of construction materials left on the property for all of neighbors to view daily. Mr. Lee stated that Mr. Ho was a very wealthy foreign businessman that was planning to continue to push the City, for whatever tune necessary, until be got seven homes approved for the property. ,He also stated that Mr. Ho wasn't accepting the requirement to landscape 20 feet on each side of the access road and planned to fight for reduction or elimination of the requirement. Although Mr. Lee's comments are not officially representing Mr. Ho, we do believe it represents a root attitude and intent that's not in the best interest of our neighborhood or the City of Saratoga Sincerely Chris ani Phone: (- _ , • 1 ~~~~.~.~ • John & Cheri Keenan 22215 Mt. Eden Rd Saratoga, CA 95070 867-9299(H), 446-1004(li~ 17 January 2002 Ms. Ann Welsh City of Saratoga Community Development Dept 13777 Fruitvale Ave Saratoga, CA 95070 Dear Ms. Welsh: This is to express our concerns over the development of the pazcel owned by Mr. Ho. This parcel adjoins ours over our entire eastern boundary at the ridgeline. Our first concern is the proposed road nearly on the rid.geline. It is ou_r understanding that the proposed "driveway" is now to be a road that meets city street standazds. We are concerned that this will create substantial noise intrusion from the traffic since we aze downhill from this proposed road. This will create a road running through our backyazd plus 6 other neighbors that border this property. Our next concern is the clustering. While this maybe efficient from a building standpoint, it destroys the character of the neighborhood. Thi' ridgeline is visible from numerous homes in the area, plus from Pierce Road. If there: ust be a number of homes, we request that number be kept to a minimum and that they ti spaced out over the parcel keeping a low density visual impact. While we may not be directly affected since we aze on the other side of the ridge, we must express considerable concern over the potential slide problems and drainage. We speak from very personal experience when it comes to slides. I'm sure that our side of the ridge isn't significantly different from the Ho side, geologically and we have had a number of very serious and very expensive slides over the 25 yeazs that we have lived on this property. Another concern for this area is the drainage that will occur with the development of this property. 1 ne drains from aii these homes, driveways and a road will certainly increase the water. flow downhill to properties below the Ho property. We are dealing with this problem on Mt. Eden Road at this time where developments have gone in above us and all the drains point towards Calabasas Creek and Mt. Eden Road is flooded when it rains. The. old culverts that were meant to carry water from normal runoff now has to handle drain water from all of these new homes. When this development was originally discussed with us, we were led to believe that Mr. " Ho intended a single home, in which he was to live. We now learn that a 5-7 house spec development is proposed. The rural area that has such appeal is slowly being gobbled up by developers of spec homes. This is not the neighborhood that we desire nor the vision we had hoped for the area. Many neighbors own horses and goats and we have a donkey ~~~~~i.~ that has roamed our pr~rty for 20 years. We moved here beca~of the rural area. This development will destroy the character of the hillside and the surrounding area. We urge you to consider the impact of clustering the homes in this development and require that they be spread out over the entire property along with addressing the drainage problems. Best regards ~~~ John and C 'Keenan ~~'~~ t ~~.~.~ • • t~t J ~~...i ., _~ • 'j"~r, ~.a,~, ~ 'QC /~ ~ ~ % ~~ / ~ ~~ 2 ~ 3 ,~ .` . ~ ~ ~, L Ll x/O S OF NO . ~. .r'-'' P~ ~~~ ~f ~ ~Q~'i 1`~~ 1 . PHOTO LOCATION MAP (NOT TO SCALE). F~~ ~o ~~~~.~~. • • • • YtiV 1 V fi~L ~~~~~~ • • i • ~~~,~,~ - - YliV~l V ~F4 • Pl3U'1~U ~~ rnv ~ •~ *~~ • r, ~. • • Attachment 12 s ~~~~,~~ Environmental Initial Study City of Saratoga 1. Project Title: Application No. 03-218 -Tentative Subdivision Plan for Lands of Ho 2. Project Location: The project is located at Mount Eden Road south of Villa Oaks Lane and west of Vista Regina, Assessors Parcel Number 503-13-067. 3. Lead Agency Name and Address: Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Ave Saratoga, CA 95070 4. Contact Person ~sx Phone Number: Planner 408 868-1230 Ann Welsh, Associate ( ) S. Project Sponsor's Name and Address: William Wai Yan Ho Archidesign, Inc. 18S2S Sutter Blvd. Suite 1SS Morgan Hill, CA 95037 6. General Plan Designation: RHC -Hillside Conservation -Single Family - .S DU per net acre. 7. Zoning: HR -Hillside Residential Zoning District 8. Description of Project: The applicant proposes to subdivide a 29.28-acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Initial Study Ho Subdivision App. # 03-278 Ciry ojSaratoga, ~~~~~~ Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road An emergency access road is proposed from Vista Regina Road to the cul- de-sac. 9. Surrounding Land Uses and Setting: The parcel is steeply sloped with an average slope of 21.8%. The site contains a large azea of MD deeply moving soils, which are restricted from development. The property is the site of a former spring and was in the past known as Springdale Farms. A riparian corridor traverses the property running in a north, south direction. The site topography rises above the creek on both sides forming two distinct, relatively open areas. The open areas are vegetated primarily by native grasses while most of the trees on the site are confined to the creek area. A notable exception is the upper areas of the proposed Lot 5 where an Oak woodland exists. The parcel is surrounded by residential land uses at a relatively low density. The intensity of use and the scale of development would be similar to surrounding homes. The parcel has no public road frontage and access is provided from Mount Eden Road via a 60-foot wide access easement. 10. Other agencies whose approval is required: Saratoga File District Santa Clara Valley Water District Army Corps of Engineers State Department of Fish and Game Environmental Factors Potentially Affected: The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist below: ^ Aesthetics ^ Agricultural Resources o Air Quality o Biological Resources ^ Cultural Resources ^ Geology/Soils o Hazards &r Hazardous Materials ^ Hydrology/Water Quality ^ Land Use/Planning ^ Mineral Resources o Noise ^ Population/Housing ^ Public Services ^ Recreation ^ Transportationll"raffic ^ ,Utilities/Service Systems ^ Mandatory Findings of Significance Initial5tudy . Ho Subdivision A # 03-218 .~ CiryojSa atoga,CA `" ~~'~j ' on: Determinate ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required Prepared By: Ann Welsh, AICP Date: April 6, 2004 Associate Planner City of Saratoga Sources: Tentative Subdivision Map -Hanna Esc Brunetti, Civil Engin ers- Surveyors, dated August 2003. City of Saratoga General Plan City of Saratoga Municipal Code City of Saratoga Zoning District Map and General Plan Map Saratoga Fire Department -Review dated October 6, 2003 A Review of the Proposed Site Development on the Lands of Ho prepared by David. Babby of Arbor Resources dated February 7, 2004 California Natural Diversity Inventory, Cupertino Quadrangle. __ - _ _ • ]nitial S .~~ Ho Subdivision App. # 03 ~ ~ City of Saratoga, CA ~_~ Potentially Less than Less than No Impact Significant Significant Significant . Impact .With Impact Mitigation .Incorporated 1. AESTHETICS. Would the project: A) Have a substantial adverse effect on a scenic vista? X Discussion: The proposed subdivision will impact the view for the persons located north of the subject parcel. -The parcels to the north currently enjoy the view of a 30 acre undeveloped tract at their rear property line. Upon development, this view will be altered by retaining walls and five homes on the south side of the property. The proposed project is similar in scale and character to the surrounding development. Existing home sites average approximately 1.5 acres. The proposed lots range in size from 1.0 to 3.1 acres based on the cluster concept that offsets the smaller lots with a large open space preservation area. This proposed open space will be a visual benefit to the proposed homes and the adjacent homes and will mitigate the impact of the development. B) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings anti Historic buildings within a scenic highway X Discussion: The development of alive-lot subdivision would r quire elimination of approximately 23 trees. The landscape plan depicts planting of 46 coast live oaks to mitigate the tree removal. C) Substantially degrade the existing visual character or quality of the site and its surroundings? X Discussion: The development of this property into afve-lot subdivision will alter the visual quality of the site. The grading of the site will require 11;020 cubic yards of cut and 10,848 cubic yards of fill. This grading is limited to the emergency access road. Additional grading will be required for the individual homes that are to be built under the Design Review process. The proposed homes will be visible from adjoining residential areas along the north and easterly boundaries. The development will not be visible from homes along the south and westerly boundaries. Visibility of the access road will be mitigated by proposed earth berms and landscaping along the road. The proposal to retain 19 acres in open space and develop a public trail through the open space is a significant mitigation and will ensure retention of the long-term visual quality - of-the site. Initial Study +~ Ho Subdivision App. # 03-21>~~~Gr~ City of Saratogq CA Potentially Less than Less than. No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated D) Create a new source of substantial light or glaze that would adversely affect day or night time views in the area? X Discussion: Concerns were expressed at the neighborhood meeting for this development about the location of the access road along Mount Eden Road. Property owners across Mount Eden Road expressed fears that the entrance drive would create headlight glaze for their property. Planting of a landscape buffer on their property to minimize the impact of this .entrance way on their privacy is a proposed mitigation to this negative impact. 2. AGRICULNRAL RESOURCES. Would the project: A) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, tonon-agricultural use? X B) Conflict with existing zoning for agricultural use or a Wi]liamson Act contract? X C) Involve other changes in the existing environment, which due to their location or nature, could result in conversation of Farmland, tonon-agricultural use? X Discussion: The property at issue was formerly under a Williamson Act contract but removed from the Williamson Contract a number of years ago. The parcel, which was formerly known as Springdale Farms has not been farmed in recent memory. 3. AIR QUALITY. Would the project: A) Conflict with or obstruct implementation of the applicable air quality pla X? Discussion: The generation of emissions, which could substantially diminish ambient air quality, is not typically associated with alive-lot subdivision. Planting of 46 coast live oak trees will have along-term beneficial impact on air quality. • • CJ Initial St~~~~`~ Ho Subdivision App. # 03- Ciry of Saratoga, CA • • Potentially Less than Less than No Impact Significant Significant Significant : Impact With .Impact Mitigation Incorporated B) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region isnon-attainment under an applicable federal or state ambient air quality standards (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? X D) Expose sensitive receptors to substantial pollutant concentrations? X E) Create objectionable odors affecting a substantial number of people? X Discussion: Upon completion of construction, the proposed subdivision would not have a measurable impact on air quality. However, during the construction process, the air --.. . quality of the immediate neighborhood maybe impacted slightly with ground disturbance. The city will require that appropriate measure be taken, such as watering down disturbed areas, if necessary, to minimize the impact on local air quality. 3. BIOLOGICAL RESOURCES. Would the project: A) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: The California Natural Diversity Database, 2003 does not indicate the presence of any sensitive, or special status biological resources in the vicinity of the subject parcel. • _ -- Initial5t~~~~~~ Ho Subdivision App. # 03- City of Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant . Impact With Impact Mitigation Incorporated B) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept.. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: The riparian corridor will not be substantially impacted since the proposed development does not encroach on the stream corridor. The developed area is located on the south slope of the 29-acre parcel. C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? X l~J Discussion: Development on the subject parcel is limited to the southern slope of the parcel. The riparian corridor is not to be disturbed by develo ment. The applicant will be required to install fiber rolls and extensive silt fencing in ord r to limit sediment from entering into the creek that traverses the parcel. Since the de elopment does not approach the creek, the proposed subdivision does not impac Federally protected wetlands. D) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife comdors, or impede the use of native wildlife nursery sites? X Discussion: Development of this site will require removal of twenty-three trees and disturbance of large quantities of earth. This process will no doubt interfere with existing wildlife in the area. Since 19 acres of the property would remain undeveloped, existing wildlife corridors will be relatively intact: Also, 48 new coast live oak trees are to be planted on the property. The combination of the open space and the tree planting should mmiiruze the net impact of the proposed development. E) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X Discussion: The arborist indicates that there are approximately 86 trees on this site, which are regulated by city ordinance. Twenty-three of these are proposed for removal. The city will require a 100% bond to ensure protection of the trees that are located on the property. Also replacement trees will be required at a value, which equals the value of 7 Initial S[u ~ ,,~~ Ho Subdivision App. # 03- ~~~ ~+ City of Saratoga, CA Potentially Less than Less than No Impact Significant Significant. Significant Impact .With Impact Mitigation • • trees that have been removed. Forty-eight new coast live oak trees are to be planted on the property. Tree protection fencing will be required and minimal tree removal will be allowed. Since these preservation measures will be required to be implemented as a condition of approval the tree preservation policies of the city are upheld: F) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservation plan? Discussion: The Saratoga General Plan, Conservation Element addresses Williamson Act lands, geologic and flood hazards, wildfire prevention and endangered and protected species. The City geotechnical consultant has reviewed the subdivision application. The plans have been revised to reflect the geologic concerns on the site through a detailed geologic study of the area. The applicant has done extensive test bori , s of the site to determine the developable portions of the property. The areas subject t 'movement are avoided in the development plan. By clustering the parcels and' leaving u disturbed the remaining 19 acres, the applicant has addressed the geologic issues relat~g to this property. Emergency access and fire safety are enhanced by the installation of an emergency access road, the California Natural Resources inventory does not identify a presence of any protected resources on the subject parcel. 4. CULTURAL RESOURCES. Would the project: A) Cause a substantial adverse change in the significance of a historical resource as X defined in 415064.5? Discussion: The subject parcel is undeveloped. A spring on the site was once a local water source, thus the property at one time was known as Springdale Farms. The property was formerly under Williamson Act contract and is vacant and does not contain any historic resources. B) Cause a substantial adverse change in the significance of an archaeological resource as defined in 415064.5? X C) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? $ Initial St~~~~~ Ho Subdivision App. # 03- City of Saratoga,CA Potentially Less than Less than No Impact Significant .Significant Signifificant Impact With Impact Mitigation . Incorporated D) Disturb any human remains, including those interred outside of formal cemeteries? X Discussion: The property in question is undeveloped and is not known. to be an archeological or paleontological resource. 5. GEOLOGY AND SOILS. Would the project: A) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? I X ion: Examination of the General Plan Hazards Overla ' Ma ,which delineates Discuss Y P active fault lines, indicates that the subject parcel does not contain any active fault lines. (ii) Strong seismic ground shaking? X Discussion: Examination of the Saratoga Seismic Hazard Zones map indicates that the parcel proposed to be subdivided is in an area that has a high potential for earthquake induced landslides. (iii) Seismic-related ground failure, including liquefaction? X Discussion: Examination of the Saratoga Seismic Hazard Zones map indicates that the parcel proposed to be subdivided is not in an area that is subject to liquefaction. (iv) Landslides? X Discussion: Examination of the Landslide and Flood Areas map of the General Pian _ _ indicates that a large portion of the subject parcel consists of soil identified as new landslide complex. In addition, the Saratoga Seismic Hazard Zones map indicates that the parcel proposed to be subdivided is in an area that has a high potential for Init~~~d.rt.~ Ho Subdivision App. City of Saratogq CA • C C7 • • Potentially Less than Less than No Impact Significant Significant Significant Impact With .Impact Mitigation Incorporated earthquake induced landslides. However, the city geotechnical consultant has approved the development plan which allows five parcels clustered in a portion of the property that does not have these development limitations. Also, the retaining walls and structural design of the sites are configured in a manner, which enhances the stability of the five parcels which are to be developed. B) Result in substantial soil erosion or the loss of topsoil? X Discussion: The City will require implementation of soil and erosion control measures during the construction process. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X Discussion: Despite that fact that the General Plan maps. depict this site as subject to landslide, a significant amount of testing has been done on the site to determine the developable portion of the property. The parcels that are shown on the site plan are located in areas hat have demonstrated sufficient stability to be approved by the City geotechnical consultant for development. D) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? x Discussion: Referring to the Ground Movement Potential Map, the soils on the site consist of; • Sbr, level ground with moderately steep slopes underlain by bedrock within several feet of the ground surface. Soil or alluvial cover maybe subject to shallow . sliding, soil creep or settlement. • Ms, Moving shallow landslides less than 10 feet thick • Sls, gentle to moderately steep slopes underlain by naturally stabilized old landslide debris. Subject to local soil creep and settlement. . • Pd, moderately steep to very steep slopes underlain by or adjacent to relatively unstable landslide debris, commonly more than 10 feet thick. Susceptible to deep land sliding. l0 Initial Stu ~~~~~ Ho Subdivision App. # 03-2 City of Saratoga, CA Potentially Less than Less than No Impact Signfcant Significant Significant Impact With Impact Mitigation The City geotechnical consultant has required extensive testing of the soils to determine the most acceptable location for development on the 29-acre parcel. The majority of the poor soils are located on the north slope of the property and this area has not been proposed for development. 6. HAZARDS AND HAZARDOUS MATERIALS. Would the project: A) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X B) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materiaXs into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X D Be located on a site which is included on a list of hazardo s materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, woul it create a significant hazard to the public or the environment? X E) Impair implementation of or physically interfere with an adopted emergency. respXnse plan or emergency evacuation plan? Discussion: The proposed circulation plan improves the emergency access to the surrounding area. The emergency access road solves an access problem for the Vista Regina neighborhood. Since Vista Regina is presently a narrow dead end private road whose only point of entry is a bridge over the Calabasazas Creek, the addition of an alternate fire access road through the Ho Subdivision creates a needed alternative access route in this neighborhood. F) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Discussion: The subject parcel is located on the General Plan map as an area of extreme _ fire hazard. The addition of an emergency access road connecting to Vista Regina Road improves the emergency circulation system and-reduces-the-risk-to surrounding 1 --- properties. in the event of a wildfire. Since Vista Regina Road currently has a swig e li Initial5~~~~ Ho Subdivision App. # 03- City ofSaratoga, CA • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact ' Mitigation Incorporated bridge as the point of access, the creation of an emergency alternate route which connects via the proposed subdivision and thus to Mount Eden Road improves emergency access. 7. HYDROLOGY AND WATER QUALITY. Would the project: A) Violate any water quality standards or waste discharge requirements? X Discussion: The subdivision will be required to comply with the NPDES Permit - C-3 provisions for limiting storm water discharge. A comprehensive grading and drainage plan, which limits the amount of storm water run-off will be required to be submitted with the approved tentative map for the subdivision. B) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit m aquifer volume or a lowering of the local groundwater table level (e.g., the produ tion rate of pre-existing nearby wells would drop to a level which would not support i 'sting land uses or planned uses for which permits have been granted)? X Discussion: Development of this parcel will interfere with groundwater recharge.. However, the applicant will be required to retain all stormwater on the site through a system of bioswales or retention basins that are to be graded on the site. Requiring stormwater retention on the site will offset the impact of increased development on groundwater recharge. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on= or off-site? X Discussion: To some extent the existing drainage pattern on this site will be altered. Howevei, the applicant will be required to grade the site in such a manner that all stormwater on the site will be retained within the property limits. --D)-Substantially-alter-the-existing-drainage-pattern of--the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding 12 Initial ~~~ Ho Subdivision App. # 03 City of Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated On- or off-site? X E) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X Discussion: The applicant will be required to demonstrate that the sizing of the stormwater retention system for the subdivision will be sufficient to handle the runoff water and will therefore filter the runoff through the natural filtration process. F) Otherwise substantially degrade water? X G) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other X flood hazard delineation map? Discussion: The subject parcel is not located within the 100-y ar flood zone. The area is designated as 500-year flood zone as depicted on the Flood Hazard Boundary Maps. H) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? I) Expose people or structures to a significant-risk of loss, injury or death involving flooding, including flooding as a result of the failure X of a levee or dam? J) Inundation by seiche, tsunami, or mudflow? X Discussion: The parcel is located in an area of 500-year flood plain as depicted on the FEMA Flood Plain Map for Saratoga, July 3,1997. t 7. LAND USE AND PLANNING. Would the project: A Ph sically divide an established community? X y 13 Initial Study Ho Subdivision App. # 03-218 Ciry of Saratoga, CA~,~~~ C7 Potentially Less than Less than No Impact Signuficant Significant Significant Impact .With Impact Mitigation .Incorporated Discussion: The proposed plan calls for development of single-family detached structures at a density that is consistent with the surrounding zoning. The plans depict a subdivision, which is to be integrated into the surrounding communityvia a cul-de-sac access road. An emergency access road, which connects the subdivision with the abutting Vista Regina neighborhood and provides a beneficial secondary access road serves to integrate the subdivision into the community. However, the proposed gated entrance would have the effect of separating the subdivision from the neighboring community. The application currently is for subdivision of the five lots. Later, in the design review process each lot must be developed in a manner that is sensitive to the character of the surrounding community. B) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the rpose of avoiding or mitigating an environmental effect? X Discussion: The proposed plan is consistent with the General'Plan designation of RHC Hillside Conservation single-family residential development. The subdivision design is consistent with minimum standards for the HR -Hillside Residential Zoning District. C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Discussion: The Saratoga General Plan, Conservation Element addresses Williamson Act lands, geologic and flood hazards, wildfire prevention and endangered and protected species. The City geotechnical consultant has reviewed the subdivision application. The plans have been revised to reflect the geologic concerns on the site through a detailed geologic study of the area. By clustering the parcels -and leaving undisturbed the remaining 19 acres, the applicant has addressed the geologic issues relating to this property. Emergency access and fire safety are enhanced by the installation of an emergency access road, the California Natural Resources. inventory does not identify a presence of any protected resources on the-subject parcel. - Tree preservation measures will be implemented as a condition of approval. ]4 Initial S[udy Ho Subdivision App. # 03-218 City oJSaratoga, CA w:, ~~~~.~+~ Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact .Mitigation The arborist indicates that there are approximately 8b trees on this site, which aze regulated by city ordinance. Twenty-three of these are to be removed. The city will require a 100% bond to ensure protection of the trees that are located on the property. Also replacement trees will be required at a value, which equals the value of trees that have been removed. Forty-eight new coast live oak trees are to be planted on the property. Tree protection fencing will be required and minimal tree removal will be allowed The arborist's recommendations as outlined in a February 7, 2004 and October 15, 2003 reports prepared by David Babby, of Arbor Resources such as: 1. Tunneling rather than trenching of the sanitary sewer and drainage lines beneath selected trees to ensure their survival, 2. Building the emergency access road on top of the existing grade to avoid root damage to nearby trees, 3. Redesigning the entrance road retaining walls to minimize the impact on significant trees. With implementation of the required mitigation measures, ee protection policies will be met. 8. MINERAL RESOURCES. Would the project: A) Result in the loss of availability of a known mineral resource that would be of va1Xe to the region and the residents of the state? Discussion: Mineral resources within Saratoga and surrounding areas include sandstone and shale. There are no mines or quarries known to be operating in Saratoga or its sphere of influence. (Source: General Plan: Conservation Element) B) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Discussion: No impact. Refer to section 8 a. (Source: General Plan:. Conservation Element) 9. NOISE. Would the project result in? A) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agenciX ? 15 Initial Study Ho Subdivision App. # 03-218 City oJSaratoga, C~~~~a~°~ • Potentially Less than Less than No Impact Significant Significant Significant . Impact With .Impact Mitigation Incorporated Discussion: The proposed development upon completion is not anticipated to generate noise in excess of the decibel limits detailed in the General Plan, which are 45 to 60 dab for residential land uses. The applicant must comply with noise guideline associated with subdivision construction. Construction activities maybe conducted between the hours of 7:30 am and 6:00 pm, Monday through Friday. Subdivision construction is not permitted on Saturday, Sunday or other holidays A notice of applicable construction hours shall be posted conspicuously on the site at all times. ' B) Exposure of persons to or generation of excessive ground. borne vibration or ground borne noise levels (i.e. noise created inside a building, vibration transmitted through the ground, freight train line within 50-100 feet, adjacent to Army base)? X v in the ro'ect vicini above C) A substantial permanent increase ui ambient noise le els p ) ty levels existing without the project? X D) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X Discussion: The noise levels during the construction process will be regulated By the implementation of limited construction hours. The developer may be required to limit the noise level by restrictions on the allowable hours of operation; requiring the use of new, quieter equipment and restricting operations to only one piece of power equipment at a time. The proposed project should have no substantial impact on the ambient noise level once the construction phase is complete. 10. POPULATIONS AND HOUSING. Would the project: A) Inducesubstantial population growth in an area, either directly (for example, by proposing new homes and businesses). or indirectly (for example, through extension of roads or other infrastructure)? X 16 Initial Study Ho Subdivision App. # 03-2 ~q Ciry of Saratoga ~.Y.~~ Potentially Less than Less than No Impact Significant Significant Significant ' Impact With Impact Mitigation Incorporated B) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ~ X C) Displace substantial numbers of people,, necessitating the construction of replacement housing elsewhere? X Discussion: The proposed project will increase the number of dwelling units in the neighborhood by five dwelling. This is not considered to be a substantial amount of population growth. Given the average household size of 2.8 persons per household, the population increase to the city would be approximately 14 persons. 11. PUBLIC SERVICES. • Would the proposal result in substantial adverse physical irri acts associated with the provision of new or physically altered governmental facilities need for new or physically altered governmental facilities, the construction of which cou d cause significant environmental impacts, in order to maintain acceptable servic ratios, response times or other performance objectives for any of .the public services: Fire Protection X Police Protection X Schools X Parks X Other public facilities X Discussion: The proposed emergency access road could have the effect of increasing response time for fire and police protection because it provides an alternate route through Vista Regina Road. The impact of an additional 14 persons within the city will not have a substantial effect on the service ratios for government facilities. 12. RECREATION. A) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X 17 Initial St y ,,, ' Ho Subdivision App. # 0~®.~ ~~ City of Saratoga, CA • Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation .Incorporated B) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? X Discussion: The project provides 19 acres of permanently restricted open space. This open space area will contain a pedestrian, equestrian trail, which connects Vista Regina Road with Mount Eden Road. The city will require Park Development Fees to be assessed for this project in the amount of $20,700 per new lot created. These fees are designed to defray the costs that the proposed new development will have on the city park facilities. In addition, the applicant will be required to build the proposed trail that is depicted on the plans. 13. TR.ANSPORTATION/TRAFFIC. Would the project: A) Cause an increase in traffic, which is substantial in relatioh to the existing traffic load and capacity of the street system? ~ X Discussion: The proposed project would generate approximately 10.5 trips per day per household. This equates to 52.5 trips per day for the entire development. This is not a significant increase in traffic for Mount Eden Road however the site plan has been sent to the city traffic engineer for review and comment and the traffic engineers recommendations will be made conditions of tentative map approval. (Source: San Francisco Bay Area 1990 Regional Travel Characteristics: Working Paper #4) B) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X Discussion: The City Traffic Consultant recommends that the entrance drive be moved 50 feet south of the location proposed on the submitted plans in order to allow greater. sight distance along Mount Eden Road. In order to mitigate the traffic impact of this entrance drive along Mount Eden Road staff recommends that the proposed Huerta Driveway (APN# 503-13-117) be combined with the Ho entrance road. The traffic consultant's analysis of the entrance road is attached and the design directives outlined in the Fehr 8t Peers report dated March 18, 2004 should be followed as best as possible given the constraints of the site. ~g Initial5tu Ho SubdivisionApp. # 03-2 ~~''~~ .~ Ciry of Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant . Impact With Impact Mitigation Incorporated C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? X D) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X Discussion: The traffic consultant has recommended changes to the alignment of the entrance drive in order to mitigate line of site problems along Mount Eden Road The alignment of the entrance road should be revised to address the concerns of the traffic consultant. E) Result in inadequate emergency access? X Discussion: The emergency access road from Vista Regina improves emergency access for both the proposed development and the existing neighborhood. F) Result in inadequate parking capacity? X_ Discussion: The Saratoga Fire District reviewed this project and they recommended parking for two emergency vehicles on the cul-de-sac. This area should be indicated on the plans. G) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Discussion: Providing a pedestrian, equestrian trail through the property is consistent with the Saratoga trails plan. 14. UTILITIES AND SERVICE SYSTEMS. Would the project: A) Exceed wastewater treatment requirements of the Regional Water Quality Control Board X B) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant. environmental effects? X • • 19 Initial Study ~,~~~~~.~ Ho Subdivision App. # 03-218 ~3 City of Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant . ' Impact With Impact Mitigation .Incorporated Discussion: The Cupertino Sanitation District commented on the tentative subdivision plan in a letter dated March 24, 2004 concluding that the development will not have any significant impact on the district's treatment plant capacity or the line capacity. C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X Discussion: The project will be required to comply with the storm water retention requirements of the C-3 Permit of the San Francisco Regional Water Quality Control Board These requirements mandate that storm water be retained on, site and not drain into the storm water system for projects with over one- acre of disturbance. The project will be required to create bioswales, which retard and retain water in order to maximize filtration and m;nim~e flow rate of storm water. These site design measures will minimize the impact on the storm water system so that no expansion of existing facilities will be required. D) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X. Discussion: City households consume on the average 393-gallon per day of water from the San Jose Water Company. This consumption rate equals 2,751 gallons per day for the entire development. The San Jose Water Company in their Annual Report, 2002 indicates that they have water availability sufficient to serve the needs of the service azea. However, the applicants will be encouraged to install water efficient irrigation and appliances throughout the subdivision in order to conserve the use of water. E) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X Discussion: See 14(b) above for discussion. F) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X G) Comply withfederal-state,-and-iocai statutes and-------------- --- regulations related to solid waste? X 20 Init{ul5tud)~~~~;~~ Ho Subdivision App. # 03-218 City of Saratoga, CA Potentially Less than Less than No Impact ' Significant Significant Significant Impact With Impact Mitigation Incorporated . 15. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X Discussion: The project will not substantially degrade the environment reduce fish habitat or wildlife species. Since 19 acres of open space is to remain undeveloped and the existing creek is not impacted the impact of the proposed development is less than significant. B) Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the in remental effects of a project are considerable when viewed in connection with the ffects of past projects, the effects of other current projects, and the effects of probable future projects.) X C) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X • 21 InitialStudy~©~~49 ~~ Ho Subdivision App. # 03-218 1 City of Saratoga, CA • ATTACHMENTS: 1. Mitigated Negative Declaration 2. Saratoga Fire Department -Review dated 10/8/03 3. PG&rE Review - 40323966-y04-MR-58 dated March 31, 2004 4. Cupertino Sanitary District letter dated March 24, 2004 5. Fehr Est Peers Transportation consultants Review from Sohrab Rashid, P.E. dated March 18, 2004 6. Arbor Resources Report dated February 7, 2004 from David Babby 7. Geotechnical Report from Iveta Harvancik dated August 28, 2003 • 22 Initialstudy~' "~3~~ Ho Subdivision App. # 03-218 City ojSaratoga, CA MITIGATED NEGATIVE DECLARATION CITY OF SARATOGA Declaration That Environmental Impact Report Is Not required For Application #03-218 Subdivision of a 29.28 acre parcel (APN #503-13-067) into five lots and construction of a private cul-de-sac The undersigned, Director of Community Development and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, .has determined and does hereby determine pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the .City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Project Description: licant ro oses to subdivide a 29.28-acre property to five clustered lots with The app p P an average lot size of 1.73 acres. The remaining 19.49-acre p rtion of the property is to remain in open space with a pedestrian, equestrian trail win g through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul- de-sac. Mitigation Measures Mitigation measures required to minimize the environmental impact are as follows: 1. Locate Mount Eden Road entrance drive in accordance with the City Traffic Consultant recommendations. If possible combine Ho access road with Huerta driveway (APN# 503-13-117) to mitigate the impact of the additional curb cut and improve the sight distance along Mount Eden Road. 2. Ensure that tree protection measures are implemented and that replacement trees are planted in order to minimize the impact of development on the surrounding properties. 3. Require that construction hours be limited per the city ordinance and low noise equipment be used. High-powered equipment should be limited to use of one piece of equipment at a time in order to minimize noise impact. the construction rocess, the air quality of the immediate neighborhood may 4. During P be impacted slightly with ground disturbance. The city will require that appropriate ~~~~~~ measure be taken, such a watering down disturbed areas, if necessary, to minimise the impact on local air quality. 5. Plant a landscape buffer on the adjacent neighbors property (if agreeable to the neighbor at 22501 Mount Eden Road) to minimi2e the impact of the proposed access road in terms of glare. These mitigation measures would rrLnim;~e the impact to a less than significant category. By implementing the recommended mitigation measures the development. of -this parcel should involve a less. than significant impact on the stream quality and the surrounding environment. Project Location: The project is located at Mount Eden Road south of Villa Oaks Lane and west of Vista Regina, Assessors Parcel Number 503-13-067. Applicant: William Wai Yan Ho Archidesign, Inc. 18525 Sutter Blvd. Suite 155 Morgan Hill, CA 95037 Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Planner: Ann Welsh, AICP, Associate Planner Reason for Mitigated Negative Declaration: The proposed development will not create a significant impact on the environment if the mitigation measures identified above are implemented as well as various tree protection and replacement conditions outlined in the arborist report. Other mitigation measures regarding noise mitigation and dust abatement will also be instituted in order to render a less than significant impact on the environment. Exec ted at Saratoga, C rnia this seventh day of Apri12004. TH MAS SULLNAN, AICP COMMUNITY DEVELOPMENT DIRECTOR ~~~~~~ • Attachment 13 • ~~~~~~ /~~ ,/ ,, ~ , LIVE OAK ASSOCIATES, INC. an Ecological Consulting Firm BIOTIC EVALUATION FOR LANDS OF HO Live Oak Associates, Inc. I Rick A. Hopkins, Ph.D., Principal, Senior iologist Michele Korpos, B.A., Assistant Project Manager, Biologist Pamela Peterson, B.S., Botanist and Wetland Ecologist Davinna Ohlson, B.S., Wildlife Biologist Prepared for Mr. William Ho Archtech 18525 Sutter Boulevard, Suite 155 Morgan Hill, CA 95037 16 June 2004 Project No. 646-01 O~;O~~~ San Jose Office: 6830 Via Del Oro, Suite 205 • San Jose, CA 95119 • Phone: 408-281-5885 • Fax: 408-224-1411 Oakhurst Office: P.0. Box 2697 •.49430 Road 426, Suite B • Oakhurst, CA 93644 • Phone: 559-642-4880 • Fax: 559-642-4883 TABLE OF CONTENTS LANDS OF HO .......................................................................................1 1.0 INTRODUCTION ..........................................................................1 2 Site Vicinity Map .....................:.................. ......................... ure 1 Fi .................................. . g ............. 3 1.1 PROJECT DESCRIPTION .......................................................... ..................... 0 EXISTING CONDITIONS ............................................................. 4 2 . .......:........ s .................:................. 1 BIOTIC HABITATS ................................. 2 .................. . 1 Non-native Annual Grassland ............................................... 1 2 .................................. 5 . . . ....... Habitat Map .................................................................. Figure 2 . 8 2.1.2 Mixed Oak Woodland ................ ....................................... .:.. .................................. 9 California Sagebrush Chaparral ............................................ 3 1 2 ......... ..................... .... . . 9 4 Seasonal Wetland .................................................................. 1 2 .............................. . . . . 2 SPECIAL STATUS PLANTS AND ANIMALS ............................... 2 ................................ ] 0 . Figure 3: Special Status Species ..:.....:....:... .......... .......... . 20 3 JURISDICTIONAL WATERS ....................................................... 2 .............................. . 20 : 4 ORDINANCE-SIZE TREES ............................................................ 2 ............... ................. . 0 IMPACTS AND MITIGATIONS ...................... 3 ........................ 21 . .. ••••""•"""""' 21 3.1 ...................................................... SIGNIFICANCE CRITERIA ' ........... 22 :..........:..... RELEVANT GOALS, POLICIES, AND LAWS ..... 2 3 ................................. . 1 Threatened and Endangered Species ................................. 2 3 ................................. 22 . . 23 : .......................... 3.2.2 Migratory Birds ......................... ............... ......................... ....... 23 2.3 Birds of Prey ...............................................................:....... 3 ................................. . 4 Wetlands and Other "Jurisdictional Waters" .....:............... 2 3 ................................. 23 . . 24 Ordinance-Size Trees ........................................................... 2 5 3 ................................. . . 3 CONSTRAINTS SPECIFIC TO THE PROJECT SITE ............. 3 ................................. 25 . 1 Loss of Habitat for Special Status Plants ............................. 3 3 ...................:............. 26 . . 2 Loss of Habitat for Special Status Animals ...:..................... 3 3 ........... ..•.•••••••• 28 .......... . . 3 Loss of Habitat for Native Wildlife ••~••••••••••••• 3 3 •••••••••••••••••••••'••••••""' 29 . . 4 Interference with the Movement of Native Wildlife ........... 3 3 ................................. 29 . . 5 Disturbance to Waters of the U.S. or Riparian Habitats ......................:................ 30 3 3 . . 6 Degradation of Water Quality in Seasonal Drainages, Stock Ponds and 3 3 . . ....... 31 Downstream Waters ...............................................................:....................................... from Construction Activities During Project t N o s es r 7 Disturbance to Active Rapt 3 3 . . ........ 32 Implementation ................................................................................. .......................... 32- Disturbance to Ordinance-Size and Heritage Trees ............ 8 3 3 .................................. . . 34 .. LITERATURE CITED ............................................... ... .................... . 36 APPENDIX A ............................................................... ......................... -_J • Q~O~.~~ Live Oak Associates, Inc. . lA INTRODUCTION The primary objective of this report is to describe the biotic resources of an approximately 29- acre site in the City of Saratoga in Santa Clara County, California, .and evaluate possible constraints such resources may pose for eventual site development. The study area (hereafter referred to as "the site") is located just southeast of the intersection of Mount Eden Road and Villa Oaks (Figure 1). The. location of the site can be found on the Cupertino U.S.G.S. 7.5' quadrangles at Township 8S, Range 2 west, northwest quarter of Section 2. Site development of open space parcels can damage or modify biotic habitats used by sensitive plant and wildlife species. In such cases, site development may be regulated by state or federal agencies, subject to provisions of the California Environmental Quality Act (CEQA), covered by. policies and ordinances of the City of Saratoga, or some combination of these four conditions. This report addresses issues related to sensitive biotic resources occurring on the site, along with the federal, state, and local laws related to such resources an mitigation measures that may be required to reduce the magnitude of anticipated impacts. The a alysis of impacts, as discussed in Section 3.0 of this report, was based on the known and. poten ial biotic resources of the study area (discussed in Section 2.0). Sources of information used in the preparation of this analysis included: (1) the California Natural Diversity Data Base (CDFG 2004) and (2) the Inventory of Rare and Endangered Vascular Plants of California (GNPs 2001) and (3) manuals and references related to plants and animals of the Santa Clara Valley region. Reconnaissance level field surveys were conducted within the study area on 27 May 2004 by Pamela Peterson and Davinna Ohlson, biologists with Live Oak Associates, Inc., at which time the principal biotic habitats of the site were identified and the constituent plants and animals of each were noted and mapped. O~O~.t~';~ Live Oak Associates, Inc. Site Location Map 1;:L~- t ~ ~ i~ Stevens Creek. a'~- r~~; ¢. Reservoir.'. ~ ~~.; • i ~.,: . ~,. N. `,~,~ Fremont-Older ;s _ ,,O P P ~:,~.._._._, ~,~ _''_ ~~ n ek Coun Park -,,'" ~ r ~,• , M Project site F~'°~ ~~,,,~~ ~y~T r_. -R~ _1?_ ~ mile p ;`~1.~ n ~~~'-~ r ~ `` `~ E1 lrlll~ r• ~ -~ `'~ ,~--~~~ ~=~-~Los Gatos; m ~r jr '- ~ ~~Cll ~~~ 1 l.- . . ~s • ~~- Live Oak Associates, Inc. Lands of Ho • ~ Site /Vicinity Map Date Project # Figure # b/19/04 646-01 1 ~~~~~~ 1.1 PROJECT DESCRIPTION The proposed project includes the subdivision of a currently undeveloped, approximately 29-acre parcel into five single-family homes, as well as development of necessary infrastructure, including a main access .road, an emergency access road, subterranean bank stabilization, .and storm drains. The project will also include the designation of private open space and the construction of an unpaved equestrian trail. These project components are discussed in further detail below. The project proposes to subdivide the western one-third of the site into five new single-family home sites on lots ranging from less than one to approximately three acres. The new home sites will be accessed by a new road, which will enter the site in the northwest corner from Mount Eden Road via an easement on an adjacent parcel. An emergency access road is also proposed and would link the new road with Vista Regina of the southeastern boundary of the parcel. The project also proposes a small area of fill in association with subterranean ba~ilc stabilization near the site's southeast boundary, as well as construction of three storm drains to carry storm water runoff into seasonal. drainage channels on the site. Finally, the project .proposes the designation of approximately ] 9.5 acres of permanent private open space, consisting of the entire eastern two-thirds of the site including an unpaved equestrian trail that will cross the. open space area from north to south. t ~~v;~.~e 3 Live Oak Associates, Inc. 2.0 EXISTING CONDITIONS The site (A.P.N. 503-13-067) is located in the western region of the City of Saratoga in Santa Clara County, California within foothills on the east side of the Santa Cruz Mountains. The site, a long, irregularly shaped parcel, is bounded on all sides by private residential properties on parcels of approximately one to five acres. Existing development is currently absent from the study area. Elevations of the site range from a high of approximately 800 feet National Geodetic Vertical Datum (NGVD) at its northwest boundary near the entrance from Mount Eden Road to approximately 540 feet NGVD at its lowest point near the southwestern boundary. One soil-mapping unit has been identified on the site and consists of Azule silty clay loam, on 15 to 30% slopes (MRCS 1968). The soil series is considered well drained and not hydric; although- hydric inclusions may occur. Annual precipitation in the general vicinity of the site averages 16 to 25 inches, almost 85% of which falls between October and March. Virtually all preci itation falls in the form of rain. water runoff readil infiltrates the soils of the site, t when field capacity has been Storm Y reached, gravitational water collects in drainage swales that e I pty into small seasonal drainage channels of the site. These drainages are expected to be dry by the onset of summer during most years, although seepage zones along the banks may remain moist somewhat longer. 4 Lime Dak Associates, Inc•. • ~~ ~J 2.1 BIOTIC HABITATS Four biotic habitats have been identified on the study area (Table 1 and Figure 2 j. These habitats have been named pursuant to Sawyer and. Keeler-Wolf (1995) and Holland (1986), where possible. For the purposes of this report, these natural terrestrial communities are identified as follows: non-native annual grassland, mixed oak woodland, California sagebrush chaparral, and seasonal wetland. Approximate acreages of each have been identified below in Table 1. Tahle 1. Approximate Acreage of the Habitats found on the 28.7-acre study area. Habitat T e Acres Percent of Total Non-native Annual Grassland 27.05 94.25 Mixed Oak Woodland 0.71 2.47 California Sa ebrush Cha arral 0.35 1.22 Seasonal Wetland (estimated) 0.59 2.06 Total 28.70 100.00 2.1.1 Non-native Annual Grassland The dominant habitat of the study site, comprising approximately 27 acres, is non-native annual grassland, which is dominated by grasses and forbs of European origin. Non-native annual grasses common to this habitat include wild oats (Avena spp.), soft chess (Bromus hordaceus) and Italian wild rye (Loliztm multiflorum), while common non-native forbs include black mustard (Brassica nigra), bristly ox-tongue (Picris ecliioides), yellow star thistle (Centauria solstitialis), Italian thistle (Carduus pycnocephalus), and milk thistle (Silybtim marianum). Although not as abundant as the non-native grasses, native perennial bunchgrasses were also observed within this habitat, including creeping wild rye (Leymus triticoides) and purple needlegrass (Nassella pulchra). Native spring-flowering -forbs observed include soap plant (Chlorogalum pomeridianum), Ithuriel's spear (Triteleia laxa), California plantain (Plantago erecta), narrow-leaved milkweed (Asclepias fascicularis), California poppy (Esclzscholzia californica), and blue-eyed grass (Sisyrinchium bellum). Native shrubs such as coyote brush (Baccharis pilularis) and poison oak (Toxicodendron diversilobum), and trees such as coast live ~~~~~~ 5 Live OakAssociates, lnc. oak and blue oak (Quercus agrifolia and Q. douglasii) occur in widely dispersed clumps itat as well. throughout this hab Non-native grasslands provide important habitat to many terrestrial vertebrates. As many as 25 species of reptiles and amphibians, 100 species of birds, and 50 species of mammals are known to use grassland habitats of central California (Mayer and Laudenslayer 1988). A number of these species are expected to utilize grasslands occurring on the site throughout all or part of the year as breeding and foraging habitat. Logs and rock outcroppings provide habitat for several reptile species, including the western .fence lizard (Sceloporus occidentalis), western rattlesnake (Crotalus viridis), and .gopher snake (Pituophis melanoleucus), which forage in grasslands for small mammals and birds. Resident and migratory birds breed and forage in grassland habitats. Birds observed in grasslands on the site include the mourning dove (Zenaid~ macroura), western scrub jay (Aphelocoma californica), and oak titmouse (Baeolophus morn tus). While not observed during the survey, other resident bird species known to occur in non- tive b~rasslands include the red- winged blackbird (Agelaius phoeniceus), and western meadowlark (Sturrlella neglecta). The following raptors may also forage for or scavenge on birds, small mammals, and reptiles in this habitat: the turkey vulture (Cathartes aura), white-tailed kite (Elanus leucurus), northern harrier (Circus cyaneus), red-tailed hawk (Buteo jamaicensis), and American kestrel (Falco sparverius). Mammals are common to grasslands of the site. One uninhabited California ground squirrel (Spermophilus beecheyi) burrow was observed on the site; however; no other direct or indirect evidence of ground squirrels was observed. Other small mammals likely to occur on the site include the ornate shrew (Sorex ornatus), Botta's pocket gopher (Thomonys bottae), western harvest mouse (Reithrodontomys megalotis), and California meadow vole (Microtus californicus). Small mammals often attract predators, including reptiles and birds previously discussed. The abundance of these species also attracts larger mammals known to occur in the region, including the coyote (Canis latrans), gray fox (Urocyan cinereoargenteus), cougar and bobcat L nx ru us . These redators also prey on larger mammals such as (Puma concolor), (y f ) p 7 ~~~~.~~ Live Oak Associates, Inc. the wild boar (Sus scrofa), and black-tailed deer (Odocvileus hemionus), which were observed either directl or indirectly (e.g., scat) on the site. Y 2.1.2 Mixed Oak Woodland A small amount of mixed oak woodland habitat, approximately 0.7 ] acres, is associated with a large seasonal drainage channel in the eastern portion of the parcel. This habitat is dominated by coast live oak; however, blue oak and valley oak (Quercus lobata) also occur here. Other native trees and shrubs observed in this habitat include California buckeye (Aesculus californicus), elderberry (Sambucus mexicanus), toyon (Heteromeles arbutifolia) and coffeeberry (Rhamnus californicus). Vegetation in the shrubby understory of the woodland consists of coyote brush, California sagebrush (Artemisia californica), poison oak and sticky monkeyflower (Mimtilus aurantiacus) while the herbaceous layer mainly consists of the same annual grass. 'and forb species dominating the surrounding grassland habitats of the site. Western fence lizards were observed in this habitat. Skilt n skinks (Eumeces skiltonianus skiltonianus) may also be found in oak woodlands where abund nt plant cover exists. Oak woodlands also provide habitat to a number of resident and migratory birds. Resident birds observed in oak woodlands of the site include the Nuttall's woodpecker (Picoides nuttallii), western scrub jay, and oak titmouse. Other resident and migratory birds that may occur in oak woodlands on the site include the acorn woodpecker (Melanerpes formicivorus), Say's phoebe (Sayornis saya), Hutton's vireo (Vireo huttoni), and bushtit (Psaltriparus minimus). Oak woodlands provide foraging habitat to several mammals; including the brush rabbit (Sylvilagus bachmani), western gray squirrel (Sciurus griseus), deer mouse (Peromyscus maniculatus), California meadow vole, and black-tailed deer. In turn, these mammals are predated upon by carnivorous mammals, including the gray fox, cougar, and bobcat. • ~~~~~~ 8 Live Oak Associates, Inc. 2.1.3 California Sagebrush Chaparral Approximately 0.35 acres of California sagebrush chaparral occur along the top of the ridge on the northwestern portion of the parcel. The dominant. shrub species are California sagebrush, . coyote brush, sticky monkeyflower, California cudweed (Gnaphalium californicum) and poison oak. The herbaceous understory is relatively sparse and consists primarily of the same annual grasses such as those found in the adjacent non-native grasslands. • Common resident birds of chaparral communities include the California quail (Callipepla californica), bushtit, wrentit (Chamaea fasciata), California thrasher (Toxostoma redivivum), and Califomia towhee (Pipilo crissalis), all of which find cover and suitable foraging habitat in the • dense shrubs and understory vegetation. . A variety of mammals, including the brush rabbit, California pocket mouse (Perognathus californicus), and deer mouse, favor the dense chaparral brush and feed largely on grasses and fortis. Black-tailed deer were observed foraging on fortis and asses in the sagebrush chaparral. Wild boar scat, was also observed in this habitat. Other mam als likely utilizing this habitat on the site include coyote and bobcat. 2.1.4 Seasonal Wetland Seasonal wetlands in the form of seasonal drainages and seasonal grassland swales comprise approximately 0.59 acres of the project site. A prominent feature of the study area is a large, eroded seasonal drainage channel that originates onsite in the northwestern corner at an approximate elevation of 725 feet. This large drainage channel has a defined bed and bank and averages twelve feet wide at ordinary high water (OHW) by approximately ten feet deep. It eventually flows off the site at the southeastern boundary, ,where it drains into Calabazas Creek located south of the project site. The drainage was completely dry during the May survey, and very little hydrophytic vegetation was observed growing within its channel. The dominant plant species observed within the drainage channel, along with their USFWS wetland indicators, -i:nelude-Italian--thistle (UP_L),_soft_ chess _(FACU),_coyote_brush_ (UPL), sticky monkeyflower (UPL) and poison oak (UPL). Several smaller eroded channels and grassland swales feed into Q~~~~~ 9 Live Ouk Associates, Inc.•. this larger drainage at various points.. The vegetation growing within the smaller channels was basically undifferentiated from that of the adjacent upland grassland habitat and contained very few hydrophytic species. The lack. of hydrophytic vegetation within the main drainage and its smaller tributaries indicate that these drainages only become inundated during the heaviest winter storm events and do not remain saturated to the extent necessary to develop this vegetation type. Because the vegetative composition of the seasonal wetlands remains largely undifferentiated from the adjacent upland grasslands, the site lacks hydrophytic species characteristic of wetland habitats. Therefore, the seasonal wetlands on this site do not support special status species often associated with wetland habitats. - - - - - -- - - - - Western fence lizards were observed in the main drainage channel and smaller tributaries. Oak titmouse and Nuttall's woodpecker were observed in the blue oaks along the channel banks of one of the tributaries, and black-tailed deer were observed foraging in the seasonal grassland swales. Species occumng in adjacent habitats discussed above are also likely to occur in the seasonal wetlands on the site. 2.2 SPECIAL STATUS PLANTS AND ANIMALS Several species of plants and animals within the state of California have low populations, limited distributions, or both. Such species may be considered "rare" and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. As described more fully in Section 3.2, state and federal laws have provided the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting the diversity of plant and animal species native to the state: A sizable number of native plants and animals have been formally designated as threatened or endangered under state and federal endangered species legislation. Others have been designated as "candidates" for such listing. Still others have been designated as "species of special concern" by the CDFG. The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or ~~~~~~ Live Oak Associates. Inc. endangered (GNPs 2001). Collectively, these plants and animals are referred to as "special u s ecies." stat s p A number of special status plants -and animals occur in the vicinity of the study area. These species, and their potential to occur in the study area, .are listed in Table 2 on the following pages. Sources of information for this table included California's Wildlife, Volumes 1, II, and III (Zeiner et. al 1988-1990), California Natural Diversity Data Base (CDFG 2004), Endangered and Threatened Wildlife and Plants (USFWS 2003), Annual Report on the Status of California State Listed Threatened and Endangered Animals and Plants (CDFG. 2003), and The California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California (GNPs ..2001). -This information was used to .evaluate the_potentiaLfor special.-status plant and animal _. species that occur on site. Figure 3 shows the location of special status species found by the California Natural Diversity Data Base (CNDDB) within athree-mile radius of the project site. It is important to note that CNDDB is a volunteer database and, therefore, may not contain al] known or gray literature records of special status species occu ' ences. A search of published accounts for all of the relevant special st tus plant and animal species was conducted for the Cupertino U.S.G.S 7.5 minute quadrangle in which the project site occurs, and for the eight surrounding quadrangles (Castle Rock Ridge, Los Gatos, San Jose West, Milpitas, Mountain View, Palo Alto, Mindego Hill, and Big Basin) using the California Natural Diversity Data Base Rarefind 2004. All species listed as occurring in these quadrangles on CNPS Lists lA, 1B, 2, or 4 were also reviewed. n u ~Q~~~~ Live Oak Associates, Inc. • . -, N ik d m N ~ ~ LL 0 ~ ~ ~ W _ ~ iO U # n ~ ~ n O W r b O • 1 1 ,. .. ..,' :, t ;' ,~ 1 ~.. ~. j... ~. _._ ... ~. ~ _:: x: i 5 i '~ tom .` ~ .o U ~ w ci C m R V Y 0 `.0~ ~Jb~ i N ~ y rn a~ 4 m - .£ T ~ .. ~ o ~ ~ _~ ~ _~.-.. U ~ ~ e E ~ ~ O O .-- ~ po__ '~ ~ _ -:'oQ~ f1 ~ N V ~ ~ U -' 'kJ -'~ c~'~r} ~ ~ ,f 9~ T ~ t ~ _ ~ ~~, ~ i ~ ~ ~ y~ x E - _ ' :mss ~J ~ ~ =r, _: _ ~ xR ~~ ~_~ Ff'I -,~_ _. .. Q ~ Z ~ r N _ . .~ • ~ .~ ~. N ~ g Z ~~ ~^ U 4 ! ° . ~ ~ N ~_ m ~ ~~ #~~ ~~ - ~, . Z W 'v `°m ~ ~ x n ~~~.~. r ' ~ ~ W ~~Q~~ ~ . cn r°ncSs ~ ;~~ ~ ~~ J ~ TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR 1N THE PROJECT VICINITY PLANTS t'r.PnrPC t rC}eft oC Th-'PAfPn err nr rl nlr911 f1PrP/t 11 After }t1P C}O}P 4A~t tflr FP(tPrSlt FA(tA t10 PPPlt CnP!`1 PC A(`} Species Status Habitat *Occurrence in the Study Area Contra Costa Goldfields FE, Occurs in vernal pools and Absent. Vernal pools and alkaline soils (Lasthenia cot jugens) CLAPS 1 B mesic areas of valley and are absent from the study area. foothill grasslands, typically alkaline, at elevations between 0 and 470 meters. Coyote Ceanothus FE Occurs in chaparral, coastal Absent. Serpentine soils are absent from (Ceanothus ferrisae) scrub, valley and foothill the study area. grassland on serpentine, at elevations between 120 and 460 meters. Dudley's Lousewort CR, ~ Occurs in maritime Absent. No suitable habitat occurs on the - (Pedicularis dudleyt) CNPS 1 B chaparral cismontane Species not known to occur study area. _ _ woodland and foothill and within Santa Clara County. valle rassland. Metcalf Canyon Jewel Flower FE, Valley and foothill Absent. Serpentine soils are absent from (Streptanthus albidus ssp. albidus) CNPS 1 B grasslands on serpentine, at the study area. elevations between 45 and 800 meters. Robust Spineflower FE, Occurs on sandy or gravelly Absent. No suitable habitat occurs within (Chorizanthe robusta var. robusta) CLAPS 1 B soils in openings of the study area. cismontane woodlands, coastal dunes and coastal scrub at elevations between and 300 meters. Rock Sanicle CR, Occurs in loose talus slopes' Absent. No suitable habitat occurs within. (Sanicula saxatilis) CLAPS 1 B associated with chaparral the study area. habitats, at elevations between 620 and 1175 meters. Santa Clara Valley Dudleya FE, Occurs on serpentine Absent. Serpentine soils are absent from (Dudleya setchellii) CLAPS 1 B outcrops in valley and the study area. foothill grasslands, at elevations between 60 and 365 meters. Tiburon Indian Paintbrush FE, CT Occurs in valley and foothill Absent. Serpentine soils are absent from (Castil[eja a~nis ssp. neglecta) grassland on serpentine, at the study area. elevations between 60 and 400 meters. Tracy's Eriastrum CR Occurs in chaparral on Absent. No suitable habitat occurs within (Eriastrum tracyi) CLAPS 1 B gravelly shale or clay, at the study area. elevations between 315 and 760 meters. White-rayed Pentachaeta FE, CE Occurs in valley and foothill Absent. Serpentine soils are absent from (Pentachaeta bellidiflora) CLAPS 1 B grasslands, usually on the study area. Species not known to serpentine soils, at elevations occur within. Santa Clara County. between 35 and 620 meters. 1 • • ~~~~~~ 13 Live Oak Associates, Inc. • • • TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT. VICINITY PLANTS Other soeciel status plants listed by CNPS Species Status Habitat- *Occurrence in the Study Area Alkali Milk-vetch CNPS 1 B Occurs on alkaline soils of Absent. Alkaline soils are absent from (Astragalus tener var. tener) vernal pools, playas, foothill the study area. and valley grasslands, at elevations between 1 and 60 meters. Bent-flowered Fiddleneck CNPS 1 B Coastal bluff scrub, Unlikely. Although suitable habitat (Anrsinclda lunaris) cismontane woodland, valley occurs on the study area, species is not and foothill grassland, at known to occur in Santa Clara County. elevations between 3 and Closest known occurrence is in Scotts 500 meters. Valle .Blooms March-June. Big-scale Balsamroot CNPS 1 B Chaparral, cismontane Possible. Some suitable habitat occurs (Balsamorhiza macrolepisvar. .woodland, valley and foothill .. within.the..woodland, chaparral and.... macro/epic) grassland, sometimes on grassland habitats of the study area. serpentine, at elevations Blooms March -June. between 90 and 1400 meters. Brandegee's Eriastrum CNPS 1 B Occurs in chaparral and Absent. No suitable habitat occurs within (Eriastrum brandegeae) cismontane woodland on the study area. barren volcanic soils, at elevations between 345 and 1000 meters. Caper-fruited Tropidocarpum CNPS 1 A Alkaline soils of valley and Absent. No alkaline soils occur within (Tropidocarpum capparideum) foothill grassland, at the study area. Species last documented elevations between 1 and in our area in 1957. 455 meters. Congdon's Tarplant CNPS 1 B Occurs in alkaline soils of Absent. No alkaline soils occur within (Centromadia parryi ssp. valley and foothill the study area. congdonir~ grasslands, at elevations between 0 and 425 meters. Fragrant Fritillary CNPS 1 B Coastal prairie, coastal Unlikely. Marginally suitable habitat (Fritillaria liliacea) scrub, and valley and foothill occurs within the chaparral and grassland grasslands, often on habitats of the study area, however, , serpentine soils, at elevations serpentine soils are absent from the study between 3 and 410 meters. area. Blooms Februa - A ril. Hairless Popcorn Flower CNPS 1 A Occurs in heavy clay soils of Absent. No suitable habitat occurs within (Plagiobothrys glaber) alkaline meadows, at the study area. Last confirmed e]evations between 15 and observance of species was in 1954. l 80 meters. Hall's Bush Mallow CNPS 1 B Occurs in chaparral and Absent. Although suitable habitat occurs (Malacothanrnus hallit~ coastal scrub, at elevations within the chaparral habitat of the study between 10 and 760 meters. area, this perennial shrub, ifpresent, would have been observed during the Ma surve s. Hospital Canyon Larkspur CNPS 1 B Occurs in wet, boggy Absent. No suitable habitat occurs within (Delphinium califoriricum ssp. meadows in openings of the study area. interius) chaparral, at elevations between 225 and 1060 meters. ~~`~~~ 14 Live Oak Associates, Inc. TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY PLANTS - contd. n.r.,,.... .,1 ctotnc nlante licfad by ('LAPS vwc. ~ - -- - Species - ' - Status Habitat *Occurrence in the Study Area Loma Prieta Hoita CLAPS 1 B Occurs in grassland, Unlikely. Marginal suitable habitat (Hoita strobilina) chaparral, cismontane occurs within the chaparral and woodland woodland, riparian woodland, habitats of the study area. Blooms May - often on serpentine, at October. elevations between 30 and 600 meters. Mount Diablo Phacelia CNPS 1 B Occurs in rocky chaparral and Absent. Elevations of the study area are (Phacelia phacelioides) cismontane woodlands, at well below the range for this species. All elevations between 500 and known Santa Clara County occurrences 1370 meters. are within the Mt. Hamilton Ran e. Mt Hamilton Coreopsis CNPS I B Openings of cismontane Absent. No suitable habitat occurs within (Coreopsis.hpmiltonit') . _ . _.__ woodland on teep shale:talus... _ . he study_area... _.__ _... ___. ._ _ .. .._.. slopes, at elevations between 530 and 1300 meters. Mt. Hamilton Lomatium CNPS 1 B cismontane woodland at Absent. Elevations of the study area are (Lomatium observatorium) elevations between 1219-1330 well below the range for this species. meters. Mt. Hamilton Thistle CLAPS 1 B Occurs in seasonal and Absent. Serpentine soils are absent from (Cirsium fontinale var. campylon perennial drainages on ~ the study area. serpentine soils, at elevation between 95 and 890 meters. Most Beautiful Jewelflower CLAPS 1 B Occurs in chaparral and vall Absent. Serpentine soils are absent from (Streptanthus a/bidus ssp. and foothill grasslands.on the study area. peramoenus) serpentine soils, at elevations between 120 and 1000 meters. San Joaquin Saltbush CLAPS I B Occurs on alkaline soils Absent. Alkaline soils are absent from (Atriplex joaguiniana) within chenopod scrub and the study area. valley and foothill grassland, at elevations between 1 and 320 meters. Santa Cruz Clover CLAPS I B Occurs in broadleaved upland Absent. No suitable habitat occurs within (Trijolium buckwestiorum) forest, cismontane woodland the study area. Species not known to and coastal prairie, at occur in Santa Clara County elevations between 105 and 610 meters. Santa Cruz Manzanita CLAPS 1 B Occurs in openings in Absent. Although suitable habitat occurs (Aretostaphylos andersonit~ broadleaved upland forest, on the study area, this perennial shrub, if chaparral, and North Coast present, would have been observed coniferous forest, at elevations during the May surveys. Last between 60 and 700 meters. documented in Santa Clara County in 1936. Santa Cruz Mountains Beardtongue CLAPS 1 B Chaparral, lower montane Absent. Elevations of the study area are (Penstemon rattanii var. kleei) coniferous forest, at elevations well below the range for this species. between 400-1100 meters. Schreiber's Manzanita CLAPS 1 B Occurs on diatomaceous shale Absent. No suitable habitat occurs within (Aretostaphylos glutinosa) in closed-cone forest and the study area. No known occurrences in chaparral, at elevations Santa Clara County. between 170 and 685 meters. • • u ~~~~ 15 Live Oak Associates, Inc. • • ~~~~~~ TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY PLANTS - contd. 11:60. cnnntot ctAtuc nlantc tisfrd by ('NPC Species Status Habitat *Occurrence in the Study Area Smooth Lessingia CNPS 1 B Occurs in serpentine Absent. Serpentine soils are absent from (Lessingia micradenia ssp. glabrata) grassland and chaparral, at the study area. elevations between 120 and 420 meters. Western Leatherwood CNPS I B Occurs in mesic areas within Unlikely. Marginal suitable habitat (Dirca occidentalis) broadleaved upland forest, occurs within the mixed woodland closed-cone coniferous habitat of the study area. Blooms forest, chapatral and January-April. cismontane woodland, at elevations between 50 and 395 meters. Slender Silver-moss CNPS 2 Occurs on damp rocks wrthin Absent. No suitable habitat occurs within _.. (Anomobryum frlijorme) outcrops in broadleaved the study area. upland forest and lower montane and North Coast coniferous forest, at elevations between 100 and 1000 meters. TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY ANIMALS (adapted from CDFG 2003 and USFWS 2003) Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence in the Study Area California Red-legged Frog. FT, CSC Rivers, creeks and stock Absent. No suitable habitat exists onsite (Rana aurora draytonit~ ponds of the Sierra foothills for this species. and coast range, prefemng pools with overhanging ve elation. Peregrine Falcon CE ]ndividuals breed on cliffs in Unlikely. While no suitable nesting (Falco peregrinus) the Sierra or in coastal habitat exists onsite, the site may support habitats; occurs in many foraging habitat for the rare migrant. habitats of the state during mi ration and winter. Willow Flycatcher FE Breeds locally in central Unlikely. Uncommon migrant through (Empidonax trailii) (extimtrs) valley and mountains. this area. Individuals that may occur FT onsite are likely not of the listed (bremsteri) subs ecies. • • t ~~~~~~ 16 Live Oak Associates, Inc. t t TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY ANIMALS Federal Candidate Species and State Species of Special Concern Species Status Habitat *Occurrence in the Study Area Unsilvered Fritillary CSC Openings in redwood and Unlikely. While the host plant does not (Speyeria adiaste adiaste) coniferous forests, oak exist onsite, the rare transient may feed woodlands, chaparral. Host on existing nectar sources onsite. lant is Viola trercetonrm. California Tiger Salamander FC, CSC Breeds in vernal pools and Absent. No suitable breeding habitat (Ambystoma californiense) stock ponds of central exists onsite for this species. California. Adults estivate in grassland habitats adjacent to the breedin sites. Frog Foothill Yellow-legged CSC Found primarily in swiftly Absent. No suitable habitat exists onsite _ _ Rnna bo lir flowin creeks. foi• this s ecies. Western Pond Turtle . CSC Open slow-moving water of Absent. No suitable habitat exists onsite (C/emmys marmorata) rivers and creeks of central for this species. California with rocks and to s for Baskin . Cooper's Hawk CSC Breeds in oak woodlands, Possible. The Cooper's hawk may (Accipiter cooperir~ riparian forests and mixed forage on the site; however, it is not conifer forest of the Sierra expected to breed in this area. It may be Nevada, but winters in a an occasional winter migrant. varlet of lowland habitats. Sharp-shinned Hawk CSC Breeds in the mixed conifer Unlikely. The site does not support (Accipiterstriatus) forests of the northern Sierra suitable breeding habitat for this species. Nevada. This species However, it may be an occasional winters in a variety of migrant visitor to the site during the habitats of the state. winter. Golden Eagle CSC Typically frequents rolling Possible..Suitable foraging habitat exists (Aquila chrysaetos) foothills, mountain areas, onsite. sa a-'uni er flats and desert. Northern Hamer CSC Frequents meadows, Possible. Suitable breeding and foraging (Circus cyaneus) grasslands, open rangelands, habitat exists onsite for this species. freshwater emergenf wetlands; uncommon in wooded habitats. White-tailed Kite CP Open grasslands and Possible. Suitable breeding and foraging (Elanus le<rcurus) agricultural areas throughout habitat exists onsite for this species. central California. Merlin CSG This falcon, which breeds in Possible. The site provides marginal (Falco columbarius) Canada, winters in a variety wintering habitat for migrants of this of California habitats, species. including grasslands, savannahs, wetlands, etc. Prairie Falcon CSC Distributed from annual Possible. No suitable nesting habitat (Falco mexicanus) grasslands to alpine exists onsite. However, the site does meadows; requires cliffs or provide suitable foraging habitat. rock outcroppings for Westin . ~~~~~~ Live Oal.: Associates; Inc. TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY ANIMALS - contd. Federal Candidate Species and State Species of Special Concern Species Status Habitat *Occurrence in the Study Area Long-Eared Owl CSC Occurs in riparian Possible. Open grasslands provide (Asio otus) woodlands and forests of the suitable foraging habitat for this species, state. Requires adjacent but no suitable breeding habitat occurs o en areas to fora e. onsite Burrowing Owl CSC Found in open, dry Unlikely. The site is lacking a ground (Athene cunicu/aria) grasslands, deserts and squirrel population (only one unoccupied ruderal areas. Requires burrow was observed during the May-04 suitable burrows. This survey). Nesting records for this area of species is often associated the county are lacking. with California ground s uirrels. Vaux's Swift _ CSC Migrants and transients Unlikely. Migrants and transients may ._....._------- __.----._.._._.--._...----- _------.._._ (Chaetura vauxr~ -- -- -------- ----------- ------r-- move through the foothills o t`orage on the~srte. -Howeverbreeding ~~ the western Sierra in spring habitat is absent from the site. and late summer. Breeds in coniferous forests. Black Swift CSC Migrants and transients Unlikely. Migrants and transients may (Cypseloides niger) found throughout many forage on the site occasionally. How- habitats of state. Breed on, ever, breeding habitat is absent from the steep cliffs or ocean bluffs, site. or in cracks and crevasses f inland dee can ons. Loggerhead Shrike CSC Nests in tall shrubs and Possible. The site provides suitable (Lanius ludovicianus) dense trees, forages in foraging and breeding habitat for this grasslands, marshes, and species. ruderal habitats. California Horned Lark CSC Short-grass prairie, annual Possible. The site provides foraging and (Eremophila alpestris acrid) grasslands, coastal plains, breeding habitat for this species. o en fields. Tricolored blackbird CSC Breeds near fresh water in Absent. No suitable habitat exists onsite A elairrs tricolor dense emer ent ve elation. for this s cries. Pallid Bat CSC Grasslands, chaparral, Possible. The site provides suitable (Antrozous pallidus) woodlands, and forests of foraging habitat for this species. California; most common in However, roosting habitat is absent from dry rocky open areas the site providing roosting 0 ortunities. Townsend's Big-eared Bat CSC Primarily acave-dwelling Possible. The site provides suitable (Plecotus townsendii townsendir~ bat that may. also roost in foraging habitat for this species. buildings. Occurs in a However, roosting habitat is absent ti•om variety of habitats of the the site state. California Mastiff Bat CSC Forages over many habitats, Possible. The site provides suitable (Eumops perotis calijornicus) requires tall cliffs or foraging habitat for this species: buildings for roosting. However, roosting habitat is absent from. the site ~~~~~ 18 • Live. Oak Associates, Inc. • TABLE 2. LIST OF SPECIAL STATUS SPECIES THAT COULD OCCUR IN THE PROJECT VICINITY ANIMALS - contd. Ca.lo.ol !`uodirlafa Cnariac and Cfnfa Cnariac of Cnariol ('nnrarn Species Status Habitat *Occurrence in the Study Area San Francisco Dusky-Footed CSC Found in hardwood forests, Possible. Although minimal, suitable Woodrat oak riparian and shrub habitat exists onsite for this species. Neotoma sci es annectens habitats. Ringtail CP Occurs in riparian and Possible. Although minimal, suitable (Bassariscus astutus) heavily wooded habitats near habitat exists onsite for this species. water. Present: Species observed on the sites at time of field surveys or during recent past. Possible: Species not observed on the sites, but it could occur there from time to time. Unlikely: Species not observed on the sites, and would not be expected to occur there except, perhaps, as a transient Absent:_Species not..observed on the.sites, andprecluded.from occumng there because habitat.requirements____ ___. .._ _ not met. STATUS CODES FE Federally Endangered CE California Endangered FT Federally Threatened CT California Threatened FPE Federally Endangered (Proposed) CR California Rare FC Federal Candidate CP California Protected CSC California Species of Special Concern CLAPS California Native Plant Society Listing lA Plants Presumed Extinct in California 3 Plants about which we need more 1 B Plants Rare, Threatened, or Endangered in information - a review list California and elsewhere 4 Plants of limited distribution - a watch list 2 Plants Rare, Threatened, or Endangered in California, but more common elsewhere • ~~~~~~ 19 Live Oak Associates, Inc. 2.3 JURISDICTIONAL WATERS Jurisdictional waters include rivers, creeks, and drainages that have a defined bed and bank and which, at the very least, carry ephemeral flows.. Jurisdictional. waters also include lakes, ponds, reservoirs, and wetlands. Such waters may be subject to the regulatory authority of the U.S. Army Corps of Engineers (USAGE), the California Department of Fish and Game (CDFG) and the California Regional Water Quality Control Board (RWQCB) (see Section 3.2.4 of this report for additional information). The U.S. Army Corps of Engineers (USAGE) may consider the seasonal drainages and seasonal grassland swales that are present on the site jurisdictional. _ _ _ The Calfornia__Department of Fish and_Game (CDFG) and_the_Regional Water Quality Control Board (RWQCB) may also exert jurisdiction over the seasonal drainages and seasonal grassland swales occurring on the study site. 2.4 ORDINANCE-SIZE TREES The City of Saratoga has a Tree Ordinance (Article 15-50), whi h seeks to protect all native trees. having a trunk diameter at breast height. (DBH) of six inches or greater, or any other tree having a DBH of ten inches or greater, as measured at 4.5 feet above the natural grade. Native trees, including coast live oak, blue oak, valley oak, and .California buckeye, were observed in the non- native annual grassland and mixed-oak woodland habitats occurring on the site and appear to meet the criteria for ordinance-size trees as set forth in the provisions of the City of Saratoga's Tree Ordinance (see Section 3.2.5 of this report for additional information). • _ _ _ __ • 20 Live Oak Associates, Inc. 3.0 IMPACTS AND MITIGATIONS 3.1 SIGNIFICANCE CRITERIA General plans, area plans, and specific projects are subject to the provisions of the California Environmental Quality Act (CEQA). The purpose of CEQA is to assess the impacts of proposed projects on the environment before they are constructed. For example, site development may require the removal of some or all of its existing vegetation. .Animals associated with this vegetation could be destroyed or displaced. Animals adapted to humans, roads, buildings, pets, etc., may replace those species formerly occurring on a site. Plants and animals that are state andlor federally listed as threatened or endangered may. be destroyed or displaced. Sensitive - habitats such as wetlands and riparian woodlands maybe altered or destroyed:---Tfiese-impacts- ----- ------ maybe considered significant. According to Guide to the California Environmental Quality Act (Remy et al. 1996), "Significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambie t noise, and objects of historic or aesthetic interest. Specific project impacts to biological resources may be considered "significant" if they will: • Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish'and Game or U.S. Fish and Wildlife Service; • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in focal or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal,- filling, hydrological interruption, or other means; • Interfere substantially with the movement of any native resident or migratory fish ~or wildlife species or with established native resident or migratory wildlife corridors, or impede the use ofnative wildlife nursery sites. ~~~~~ 21 Live Oak Associute~s, Inc- • Reduce substantially the habitat of a fish or wildlife species, including causing a fish or tainin levels or threaten to eliminate an animal wildlife population to drop below self-sus g community. • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. • Conflict with the provisions of an adopted Habitat Conservation Plan, .Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. For the purposes of this report, it is assumed that impacts will be focused with the proposed - buildings,-access roads and other infrastructure....Some.minor._modifications of_the _locations of ,.. ,- _ .._:._ this development would not require a reassessment of project impacts. However, any proposal that results in substantial revisions as to the scope andJor relative location of the roads, residences and associated infrastructure would need to be accompanied by a subsequent assessment to ensure that the project would not result in sign'ficant impacts to biotic resources not anticipated by the current proposal. 3.2 RELEVANT GOALS, POLICIES, AND, LAWS 3.2.1 Threatened and Endangered Species State and federal "endangered species" legislation has provided the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Species listed as threatened or endangered under provisions of the state and federal Endangered Species Acts, candidate species for such listing, state species of special concern, -and some plants .listed as endangered by the California Native Plant Society are collectively referred to as "species of special status." Permits may be required from both the CDFG and USFWS if activities associated with a proposed project will result in the take of a :: listed species.. To "take" a listed species, as defined by the state of California, is to hunt. pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill'' said species - - ----- - - ----- -- - - - --- --_ `° " ' e broadl defined b the federal (California Fish and Game Code, Section 86). Take ~s mor y y ~~~~~~ Live Oak Associates, Inc. Endangered Species Act to include "harm" of a listed species (16 USG, Section.1532(19), SU CFR, Section ] 7.3). Furthermore, the CDFG and the USFWS are responding agencies under the California Environmental Quality Act (CEQA). Both agencies review CEQA documents in order to determine the adequacy of their treatment of endangered species issues and to make project-specific recommendations for their conservation. 3.2.2. Migratory Birds State and federal law also protect most bird species. The. Federal Migratory Bird, Treaty Act (FMBTA: 16 U.S.C., sec. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. 3.2.3 Birds of Prey Birds of prey are protected in California under provisions of the State Fish and Game Code, Section 3503.5, (1992), which states that it is "unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) onto take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto". Construction disturbance during the breeding- season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered "taking" by the CDFG. 3.2.4 Wetlands and Other "Jurisdictional Waters" Natural drainage channels and wetlands are considered "Waters of the United States" (hereafter referred to as "jurisdictional waters"). The U.S. Arniy Corps of Engineers (USAGE) regulates the filling or grading of such waters under the authority of Section 404 of the Clean Water Act (Wetland Training Institute, Inc. 1991). The extent of jurisdiction within drainage channels is defined by "ordinary high water marks'' on opposing channel banks. Wetlands are habitats with soils that are intermittently or permanently saturated, or inundated. The resulting anaerobic 23 ~~~.~~ Live Oak Associates, hoc. conditions select for plant species known as hydrophytes that show a high de~ee of fidelity to such soils. Wetlands are identified by the presence of hydrophytic vegetation, hydric soils (soils saturated either intermittently or permanently), and wetland hydrology according to methodologies outlined in the 1987 Corps of Engineers Wetlands Delineation Manual (USAGE 1987). All activities that involve the discharge of fill into jurisdictional waters are subject to the permit requirements of the USAGE (Wetland Training Institute, Inc. 1991). Such permits are typically issued on the condition that the applicant agrees to provide mitigation that will result in no net loss of wetland functions or values. No permit can be issued until. the Regional Water Quality Control.Board_(RWQCB)_issue_s_a certifcation_(or_waiver of such_certifcationj_that_theproposed._.__ .._.__ activity will meet state water quality standards. The RWCQB is also responsible for enforcing, National Pollution Discharge Elimination System (NPDES) permits, including the General Construction Activity Storm Water Permit. All projects requiring federal money must also comply with Executive Order l 1990 (Protection of Wetlands). The California Department of Fish and Game has jurisdiction ver the bed and bank of natural drainages according to provisions of Section 1601 and 1603 of the California Fish and Game Code (California Department of Fish and Game 2002). Activities that would disturb these drainages are regulated by the CDFG via a Streambed Alteration Agreement. Such an agreement typically stipulates that certain, measures will be implemented to protect the habitat values of the drainage in question. 3.2.5 Ordinance-Size Trees The City of Saratoga has a Tree Ordinance (Article 15-50) which seeks to protect all native trees having a trunk diameter at breast height (DBH) of six inches or greater,. or any other tree having a DBH often inches or greater; as measured at 4.5 feet above the natural grade. Native trees are defined by the City as any coast live oak, valley oak, tan oak (Lithoca~pus densiflorus), black oak (Quercus kelloggii), blue oak, scrub oak (Querc7ss dumosa), big leaf maple (Ater macrophyllum), California buckeye (:9esculus californica), Douglas fir (Pseudotsuga menziesii) 24 ~~~~~0 Live Oak Associates, Inc. or coast redwood.(Sequoia sempervirens). The ordinance also protects any tree ,that has been designated by the City to be a heritage tree, regardless of its size or species. The ordinance states that "it is unlawful for any person. to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any protected tree, located on any private or public property in the City without first having obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and authorizing the proposed action." The ordinance requires that the property owner file an application for a tree removal permit indicating the location, number, species and size of each tree to be removed, pruned or encroached upon. 3.3 CONSTRAINTS SPECIFIC TO THE PROJECT SITE The proposed project consists of the subdivision of an approximately 29-acre parcel into five single-family home lots ranging in area from less than one to approximately three acres, as well as necessary infrastructure, including a main access road, an emergency access road, three storrn drains and subterranean bank stabilization. The project also calls for the designation of the remaining approximately 19:5 acres as private open space that will include development of an unpaved equestrian trail. It is assumed for. the purpose of this analysis that any future proposal by the individual applicants will be consistent with the general locations of the building sites and access roads as currently represented in the tentative parcel and grading maps provided by Hanna and Brunetti Civil Engineers (2003). Any appreciable difference in either scope or general location of the residences and infrastructure would require an additional impact assessment to enswe that unanticipated impacts to the biotic resources are not likely to occur. Grading will be required to accommodate these facilities, and some non-native annual grassland and mixed oak woodland may be disturbed or destroyed within the proposed footprint of future construction zones. Additionally, locations of the proposed equestrian trail and location of storm drains may result in disturbance to seasonal wetlands, which are potentially under the jurisdiction of the USACE. Secondary impacts to areas outside of construction zones could occur as well. These impacts could include nest failure of breeding raptors, gully erosion down slope of cut-and-fill grading, and sedimentation of natural drainages.. As discussed above, activities resulting in impacts to biotic resources may be regulated by local, state and federal laws. The natural resource issues specific to this project are discussed in detail below. .~ -~.;. ~~~~~ 2s Live Oak Assvciales, Inc. • 3.3.1 Loss of Habitat for Special Status Plants Potential Impact. Of the 34 special status plant species potentially occurring within the project vicinity, marginally suitable habitat occurs on the site for only five of these species. None of these species are federally or state listed as threatened or endangered. All five species, however, do appear on the CNPS 1B list ("Plants rare, threatened or endangered in California and elsewhere"), and impacts to these species could be considered significant -under CEQA. If' , detected, an assessment would need to be conducted to determine if impacts to these species should be considered significant. Special-status. plant species for which the site provides ..-......_._..._ potential-habitat are _discussed. in more detail_belo_w..----....-_.._--__-- . - .-- - .------- ..._..__._ .----------- _------_--- .. ------. __ The non-native annual grassland habitats which would be most impacted by project development may provide marginal suitable habitat for three special-status plant species: bent-flowered fiddleneck (Amsinckia lunaris), big-scale balsamroot (Balsam ' hiza macrolepis var. macrolepis), and fragrant fritillary (Fritillaria liliacea). It is unlikely tha these species occur here as the density and height of non-native grasses growing. on the to does not create a favorable environment for these species, however, it was not possible to confirm their presence or absence based on the late May reconnaissance-level surveys. For instance, while the blooming season range for bent-flowered fiddleneck is from March through June, the lack of rain this past growing season resulted in many annual flower species blooming and senescing earlier than usual. Dried skeletal remains of a fiddleneck species were observed on the site during the May survey. Most likely these were remains of the common fiddleneck (Amsinckia menziesii var. intermedia), but it was not possible to determine this definitively. Similarly, remains of fragrant fritillary, if occurring on the site, would not have been identifiable during the late May survey. Marginal habitat for the remaining two species, Loma Prieta hoita (Hoita strobilina) and western leatherwood (Dirca occidentalis), occurs in the mixed oak woodland and chaparral habitats. However, these two habitats will be contained within the private open space areas of the site, and, therefore, habitat for these species, ifpresent, would not be impacted by the project. ~~~~;2 26 Live Oak Associates, Inc. In summary, if any of the special-status grassland plant species discussed above were determined to be present on the site, it would still need to be determined whether project impacts to these species would be considered significant. If al] of the relevant species were either found to be absent or the project impacts were determined to be less than significant, the mitigation discussed below would not be required. Mitigation. It is not currently known if any of these species are present on site. The applicant. should proceed any grading for the project with appropriately timed, focused surveys. These surveys should be conducted prior to ground disturbance and should occur during the appropriate blooming season for those three species that may occur within the non-native grassland habitat in the, yicinty__of the.proposed__building pads,_storm drains,_access roads,_and_eguestrian trail (i.e. _ . _ ___ bent-flowered fiddleneck, big-scale balsamroot and fragrant frittilary). For these three species, one survey timed during the month of April should be sufficient to confirm their absence from the site. If these species are absent, or if the project would only adversely affect a few individuals, the effect would likely be considered less-than-si ificant, and mitigation would not be warranted. If such surveys determined that these species are bsent from the area impacted by the project, then no mitigation would be required. Since habitat for the remaining 'two, western leatherwood and Loma Prieta hoita, will not be impacted by the project, surveys for these species are not warranted at this time. Should one or more populations of any of these species be detected within the footprint of the project, impacts to these plant populations could be mitigated by the following: The applicant should prepare a Special Status Plant Species Mitigation and Monitoring Plan identifying measures that allow for restoration of the impacts at a minimum of a 1:1 ratio. This Plan should be submitted to the City for approval. The development of and implementation of the measures described in the Plan are expected to reduce project impacts to a less-than- significant level to any special status plant species that may occur on site. ~~~~.'~~ 27 Live Oak Associates, lnc. The mitigation and monitoring plan shall discuss: • Protection of occupied areas on site from indirect impacts (e.g., human intrusion such as by motorized vehicles); • Measures to be. implemented by the project to minimize impacts of preserved populations during and after construction. These would include the installation of construction fencing to ensure that identified populations are not disturbed during construction, etc. • Measures that would result in the restoration of impacted populations, including location of mitigation areas and propagation techniques. It is assumed that sufficient open space areas will be preserved on site for the mitigation. This. plan shall also provide a monitoring schedule (likely 5-years) and funding source(s) and ..._... establish success criteria for all proposed restoration sites. ___. _.-. -- - . _..._ _________....._._..__ ___.__..___ _.___..... _____.. _ ... 3.3.2 Loss of habitat for Special Status Animals Potential Impact. Twenty-six special status animal species cur, or once occurred, regionally (see Table 2). Of these, eight species would be absent or unl'kely to occur on the site. These include the unsilvered fritillary, California tiger salamander, C lifornia red-legged frog, foothill yellow-legged frog, sharp-shinned hawk, burrowing owl, willow flycatcher, .and tricolored blackbird. Other species might rarely or occasionally occur on the site. These include the peregrine falcon, black swift, and Vaux's swift. None of these species are expected to breed onsite and would only occur rarely during migration or as winter transients. The remaining special status animal species from Table 2 may occur more frequently as regular foragers or may be resident to the site. These include the Cooper's hawk, golden eagle, northern harrier, white-tailed kite, merlin, prairie falcon, long-eared owl, loggerhead shrike, pallid bat, Townsend's big-eared bat, California mastiff bat, San Francisco dusky-footed woodrat, and ringtail. Approximately two-thirds of the property is proposed for designation as open space, which will include all four habitats identified in this study. Therefore, the loss or fragmentation _ s l n a mix ak woodland habitats is ex ected to result in a less- of non natwe annual grz s z 1 nd e1 • r ~~~~~~ 28 Live Oak Associates. Inc. than-significant impact, with the exception of possible impacts to active nesting raptors (see Section 3.3.8 Disturbance to Active Raptor nests from Construction Activities during Project Implementation, below). However, no stick nests were observed on the project site, and there does not appear to be historic evidence of raptors nesting onsite. Mitigation. No mitigation would be required for loss of habitat for special status animal species. With the exception of nesting raptors, additional surveys for special status animal species are not warranted at this time (see Section 3.3.7 Disturbance to Active Raptor nests from Construction Activities during Project Implementation, below). 3.3.3 Loss of Habitat for Native Wildlife Potential Impact. The proposed project will affect approximately one-third of the entire parcel, all of which can currently be used by native wildlife. Approximately 19.5 acres of the property will be set aside as permanent open space for native wildlife. Therefore, impacts due to the loss of habitat for native wildlife resulting from the proposed project is considered less than significant. Mitigation. The loss of a relatively small amount of non-native grassland and mixed oak woodland is not expected to affect the persistence and presence. of local: wildlife. Project impacts on wildlife habitat would be less-than-significant; and mitigation. measures would not be warranted. 3.3.4 Interference with the Movement of Native Wildlife Potential Impact. The site is not situated within an apparent "movement corridor" for native wildlife, although some species move within and through it. Site development-will have a small effect on home range and dispersal movements of native wildlife now .occurring immediately on site. Much of the site is to remain undisturbed as private open space, and the site is surrounded _ by similar development. Therefore, the project will result in aless-than-significant effect on the movements of native wildlife. 29 Live Oak Associates, Inc. wildlife s ecies as a movement Mitigation. The study area does not appear to be used by .any p corridor. Project impacts to wildlife movements will be less than .significant, and mitigation measures would not be warranted. 3.3.5 Disturbance to Waters of the U.S. or Riparian Habitats Potential Impact. At the time this report was prepared, no formal wetland delineation had. been completed on the study area, however, it is likely that the ,seasonal drainages of the site previously described may be claimed as jurisdictional by the USACE, CDFG and/or RWQCB. _. _ Construction._withn the__proposed deyelo~ment envelopes _and_ construction__of the .access. roads..,,, _ ___.. are not expected to result in any direct or indirect impacts to the seasonal drainage channels occurring on the site. However, the proposed storm drains, filling associated with subterranean bank stabilization, and the proposed unpaved equestrian trail may impact these drainages. Potential impacts from these elements of the project are discus 'ed in more detail below. Three storm drains have been proposed which would direct orm water runoff into the small tributary seasonal drainage channels of the site. Two of these would carry runoff from the developed portions of the site while the third would drain the area of subterranean slope stabilization. Stonm drain construction may result in a small amount of fill being placed within these channels (estimated at less than l00 square feet). The amount or quality of storm water runoffbeing introduced into these seasonal channels during the operation phase of the project is not expected to result in substantial impacts to these drainages. However, the extent to which operational impacts may occur is ultimately dependent on the final design chosen. One of the small tributary drainages occurs within the area proposed for subterranean bank stabilization. As a result, some filling of this channel will occur. It is estimated that this project element would impact approximately 125 linear feet, or less than 0.01 acres, of the channel.. The proposed unpaved horse trail will cross the large seasonal drainage in the southern portion- of the site. At this time, the type of structure (i:e. drop-down bridge, arch culvert, etc.) io be 30 Live Oak Associates, Inc. utilized for this crossing remains undetermined. The type of structure utilized will determine how much of an impact, if any, will occur. Under CEQA, project impacts to seasonal wetlands of the site would likely be considered less than significant due to the small amount of filling that would occur (less than 0.01 acre) and the fact that the drainage channels. do not support extensive hydrophytic vegetation. However, agencies such as .USAGE, CDFG and RWQCB may still exert jurisdiction over these channels. In the absence of a wetland delineation, it is .unknown whether or not the seasonal drainages would be claimed by these agencies as jurisdictional. ____ _ ._._..___._Mitigation._ _No mitigation would be required under CE_Q..A,___However,_should_the seasonal ____ drainage channels of the site be determined to be jurisdictional by USAGE, CDFG, and/or RWQCB, the project- proponent would need to submit appropriate permit applications to those agencies claiming jurisdiction prior to project construction and comply with the terms of the permits. 3.3.6 Degradation of Water Quality in Seasonal Drainages, Stock Ponds and Downstream Waters Potential Impact. Eventual site development, including the subterranean slope stabilization, may require grading that leaves the soil of construction. zones barren of vegetation and; therefore, vulnerable to sheet, rill, or gully erosion. Eroded soil is generally carried as sediment in surface runoff to be deposited in natural creek beds, canals, and adjacent wetlands. Furthermore, urban runoff is often polluted with grease, oil, pesticide and herbicide residues, heavy metals, etc. These pollutants may eventually be carried to sensitive wetland habitats used by a diversity of native wildlife species. The deposition of pollutants and sediments in sensitive wetland habitats would be considered a potentially significant adverse environmental impact. Mitigation. The applicant must comply with the provisions of a City grading permit, including standard erosion control measures that employ best management practices (BMPs). Such ~~~i~~ 3l Live OakAssocia~es, Inc. compliance will result in no impact to water quality in seasonal creeks, reservoirs, and downstream waters from the proposed project. 3.3.7 Disturbance to Active Raptor Nests from Construction Activities During Project Implementation Potential Impacts. No stick nests were observed on the site during the May 2004 survey. However, large trees such as coast live oaks, valley oaks, blue oaks, and California buckeye provide nesting habitat for raptors. If a raptor were to nest on the site in .the future prior to construction, such activities could result in the abandonment of active nests or direct. mortality to - - these birds: Future construction-activities--that-would-adversely affect--futurE nesting-activ~ty._ or - _. ... _. . result in mortality of individual birds constitute a violation of federal and state laws (see discussion in Section 3.2.3) and are significant adverse impacts. Mitigation. The implementation of the following measures is to ensure. that raptors (hawks and owls) are not disturbed during the breeding season. • A qualified ornithologist will conduct aprotocol-level, pre-construction survey for nesting raptors (including both tree and ground nesting raptors) onsite within 30 days of the onset of ground disturbance or tree removal, if disturbance is to occur during the breeding .season (February 1 to August 31). If a nesting raptor were to be detected, an appropriate construction buffer shall be established. Actual size of buffer will depend on species,' topography, and type of construction activity that would occur in the vicinity of the nest. Implementation of the above measures will fully mitigate impacts to nesting and burrowing raptors. 3.3.8 Disturbance to Ordinance-Size and Heritage Trees Impacts. A formal tree inventory has been conducted by Arbor Resources (2004) and submitted to the City of Saratoga Community Development Department identifying all trees, including ~~~~. ~~ 32 Live Oak Associates, lnc. their locations, species, DBH and health, that may be impacted by the project. The survey has identified 86 trees that are regulated by the city ordinance arid that may be directly or indirectly impacted by this project. None of these trees is considered to be a heritage tree. Twenty-three of these trees require removal because they occur within the proposed development footprint, including blue gum, flowering plum, Aleppo pine, coast live oak and California bay, while the remaining sixty-three trees will be impacted by grading or by the installation of the torm drains or sanitary sewer lines. The loss of ordinance-sized trees or more than six non-ordinance-sized trees would constitute a significant impact under CEQA. Therefore, the loss of trees as a result of project development constitutes a significant impact. The mitigation proposed below ~~~ill reduce project impacts to ordinance-size trees to aless-than-significant level. _. _ .. _ __ Mitigation. Arbor Resources has identified necessary mitigations in their tree inventory report. • r~ In order to reduce project impacts to ales-than-significant level, the project proponent should follow the twenty-two recommendations proposed by Arbor Resources in their report as well as follow the tree replacement guidelines within the proposed landscape plans. These plans have already identified the number, species, and size of necessary replacement trees. Pursuant to the report and to City ordinance, the project proponent should also post a bond in the amount of $442,080, equivalent to the combined appraised value of all retained trees, in order to provide for their continued protection. ~~~~~~ 33 Live Oak Associates, Inc. LITERATURE CITED Arbor Resources. 2004. A review of the proposed site development on the Lands of Ho. California Department of Fish and Game. 2002. California Freshwater Sport Fishing Regulations. 2002. Chapter 2, Article 4, Section 5.60. Reptiles. http•//www dfg.ca.gov/fg_comm/re~s.html. California Department of Fish and Game. 2002. Annual report on the status of California state listed threatened and endangered animals and plants. The Resources Agency, Sacramento, CA. California Department of Fish and Game. 2002. California fish and game code. Gould Publications. Binghamton, NY. California Department ofFish and Game 2004:-California natural diversity data aye: - ~ e- ~- - --- Resources Agency, Sacramento, CA. California Native Plant Society. 2001. Inventory of Rare and Endangered Vascular Plants of California (6th Edition). Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor. California Native Plant Society. Sacrlamento, CA. n Maureen F. 1998. The new and improved CEQA guid lines revisions: important Gorse , guidance for controversial issues. I Hanna and Brunetti Civil Engineers. 2003. Tentative parcel and grading maps for Lands of Ho. Holland, R.F. 1986. Preliminary Description of the terrestrial natural communities of California. Resources Agency, Sacramento, CA. 156 pp. Mayer, Kenneth E. and William F. Laudenslayer, Jr. Ed. 1988. A guide to wildlife habitats of California. California Department of Forestry and Fire Protection. Sacramento, CA. 166 pp. Natural Resource Conservation Service. 1968. Soil survey of Santa Clara. County, California, USDA. Remy, Michael H. and Tina A. Thomas, James A Moose and Whitman F. Manley. 1996. Guide to the California Environmental Quality Act. Sawyer, John O. and Todd Keeler-Wolf. 1995. A manual of California vegetation: California Native Plant Society, Sacramento, California. 471pp. Skinner, Mark W., and Bruce M. Pavlik. (Ed.). 1994. California Native Plant Society's _ _ inv_entory_of rare and endangered vascular plants of California. ~~~~~~ 34 Live Oak Associates, 1»c. USACE. 1987. Corps of Engineers wetlands delineation manual. Department of the Army. U.S. Fish and Wildlife Service. 2003. Endangered and threatened wildlife and plants. U.S. Corps of Engineers. 1987. Corps of Engineers wetlands delineation manual. Department of the Army. U.S. Fish and Wildlife Service. 2002. Endangered and threatened wildlife and plants. Wetland Training Insitute, Inc. 1990. Federal Wetland Regulation Reference Manual. B.N. Goode and R.J. Pierce (eds.) WTI 90-1. 281pp. Zeiner, David C., William F. Laudenslayer, Kenneth,E. Mayer and Marshal White. Ed. 1988. California's wildlife, volume I, amphibians and reptiles. Department of Fish and Game. Sacramento, CA. 272 pp. - Zeiner, David-C:-~Viiiiam F: Laudenslayer;-Kenneth-E~-ivlayer-and-IViarshal-W~itE.--Ed:-1-9$-8---------------=- California's wildlife, volume II, birds. Department of Fish and Game. Sacramento, CA. 731.PP• Zeiner, David C., William F. Laudenslayer, Kenneth E, Mayer and Marshal White. Ed. 1988. California's wildlife, volume III, mammals. Department of Fish and Game. Sacramento, CA. 407 pp. ~~~~ 35 Live Oak Associates, Irtc. • APPENDIX A VASCULAR PLANTS OF THE STUDY AREA • - ----- ~~E~382 Livc Oak Associatc.>s, Inc. APPENDIX A VASCULAR PLANTS OF THE STUDY AREA The plant species listed below have been observed on the Lands of Ho study area during the surveys conducted by Live Oak Associates on May 27, 2004. All plants have been named according to The Jepson Manual (Hickman 1993). The U.S. Fish and Wildlife Service indicator status of each plant has been shown following its common name. OBL -Obligate FACW -Facultative Wetland FAC -Facultative FACU -Facultative Upland UPL -Upland +/- -Higher/lower end of category NR - No review NA - No agreement NI - No investigation ANACARDIACEAE -Sumac Family Toxicodendron diversilobum Poison Oak UPL APIACEAE -Carrot Family Conium maculatum Poison Hemlock ~ FACW Perideridia kelloggii Kellogg's Yampah UPL Torilis arvensis Field Hedge Parsle UPL ASCLEPIADACEAE -Milkweed Family Asclepias fascicularis Narrow-leaf Milkwe d FAC ASTERACEAE -Sunflower Family Achillea millefolium Yarrow .FACU Achyrachaena mollis Blow Wives FAC* Artemisia californica California Sagebrush .UPL Artemisia douglasiana Mugwort FAC+ Baccharis pilularis Coyote Brush UPL Carduus pycnocephalus Italian Thistle UPL Eriophyllum confert j7orum Golden Yarrow UPL Gnaphalium californicum California Cudweed UPL Hen:izona congesta ssp. luzulifolia Hayfield Tarweed UPL Lactuca serriola Prickly Lettuce FAC Lasthenia californica Goldfields FACU* Madia gracilis Slender Madia UPL Picris echioides Bristly Ox Tongue FAC* Silybum marianum Milk Thistle UPL BORAGINACEAE - Borage Family Amsinc~-ia sp. Fiddleneck UPL BRASSICACEAE -Mustard Family Brassica nigra Black Mustard UPL Brassica rapa Field Mustard UPL Capsella bursa pastoris Shepherd's-purse FAC- Lepidium nitidum Common Peppergrass FACW CAPRIFOLIACEAE -Honeysuckle Family Sambucus mexicana Blue Elderberry FAC ~~~~~~~ 37 Live Oak Associates, Inc. . Symphoricarpos albus var. laevigatus Snowberry FACU CARYOPHYLLACEAE -Pink Family Stellaria media Common Chickweed FACU CONVOLVULACEAE -Morning Glory Family Convolvulus arvensis Field Bindweed UPL CUCURBITACEAE -Gourd Family Marah fabaceus California Man-Root UPL EUPHORBIACEAE -Spurge Family Eremocarpus setigerus Doveweed UPL FABACEAE -Legume Family Astragalus gambelianus Gambel's 1Vlilkvetch UPL Lotus wrangelianus California Lotus UPL Lupinus sp. Lupine UPL Medicago polymorpha Bur Clover FACU- Mclilotus indica Yellow Sweetclover FAC Trifolium hirtum Rose Clover UPI, Trifolium incarnatum Crimson Clover UPL _ _ _._. --Vida sariva __..... ---_. _ _... _._ .. __ _ _.. -. _. $ rin Vetch- -- __ _. p g _--._--FA-Ci:3__ ---- . FAGACEAE -Oak Family Quercus agrifolia Coast Live Oak UPL Quercus douglasii Blue Oak UPL Quercus dumosa Scrub Oak UPL Quercus lobata ~ Valley Oak UPL GERANIACEAE -Geranium Family Erodium botrys Long-beaked Filare UPL Erodium cicutarium Redstem Filaree UPL GROSSUI,ARIACEAE -Gooseberry Family Ribes californicum Hillside Gooseberry. UPL HIPPOCASTANACEAE -Buckeye Family Aesculus californica California Buckeye UPL IRIDACEAE -Iris Family Sisyrinchium bellum Blue-eyed Grass FAC JUGLANDACEAE -Walnut Family Juglans californica var. hindsii California Black Walnut FAC JUNCACEAE -Rush Family Juncus mexicanus Mexican Rush UBL Juncus xiphioides Iris-leaf Juncus FACW+ LAMIACEAE -Mint Family Satureja douglasii Yerba Buena UPL LAURACEAE -Laurel Family Umbellularia californica California Bay FAC LILIACEAE -Lily Family Calochortus venustus Mariposa Lily UPL Chlorogalum pomeridianum Soap Plant UPL Dichelostemma capitatum Bluedicks UPL Triteleia laxa Ithuriel's-spear UPL MALVACEAE -Mallow Family Sidalcea diploscypha Fringed Checkerbloom UPL MYRTACEAE-Myrtle Family Eucalyptus globulus Blue Gum UPL ~~~~~`~ 38 • • • Live Oak Associates, Inc. PAPAVERACEAE -Poppy Family Eschscholzia californica California Poppy PINACEAE -Pine Family Pines halepensis Aleppo Pine Pinus radiata Monterey Pine Pinus sabiniana Gray Pine PLANTAGINACEAE -Plantago Family Plantago erecta California Plantain Plantago lanceolata English Plantain POACEAE -Grass Family Aira caryophyllea Silver Hairgrass Avena barbata Slender Wild Oats Avena fatua Fat Wild Oats Bromus diandrus Ripgut Bromus hordeaceus Soft Chess Bromus madritensis Red Brome Hordeum murinum ssp. leporinum Barnyard Barley leymus triticoides- ~-~ _. Teepirig i ye " Lolium multiflorum Ryegrass Nassella pulchra Purple Needle Grass Phalaris aguatica Canary Grass Vulpia myuros Rat-tail Fescue POLYGONACEAE -.Buckwheat Family Polygonum arenastrum " Rumex crispus Common Knotweed Curly Dock PRIMULACEAE -Primrose Family Anagallis arvensis .Scarlet Pimpernel PTERIDACEAE -Brake Family Pellaea andromedifolia Coffee-Fern RAr1LT1VCULACEAE -Buttercup Family Clematis ligusticifolia Virgin's Bower Ranunculus californicus California Buttercup RHAMNACEAE -Buckthorn Family Ceanothus papillosus Warty-leaved Ceanothus Rhamnus californica California Coffeeberry ROSACEAE -Rose Family UPL UPL UPL UPL UPL FAC UPL UPL UPL UPL FACU NI NI - - --FAC+------- -.-- FAC UPL FAC FAC FACW FAC UPL FAC FAC UPL UPL UPL UPL UPL FAC+ FACU UPL UPL UPL Cercocarpus betuloides Birchleafhountain-Mahogany Heteromeles arbutifolia . Toyon Prunus cerasifera Flowering Plum Rosa californica California Rose RUBIACEAE -Madder Family Galium aparine Goosegrass Galium porrigens Climbing Bedstraw SCROPHULARIACEAE -Snapdragon Family Bellardia trixago Bellardia Mimulus aurantiacus Sticky Monkeyflower TAXODIACEAE -Bald Cypress Family _ _ _ Sequoia sempervirens _ Coast Redwood iJRTICACEAE -Nettle Family Urtica dioica Stinging Nettle UPL FACW ~~~~~~ 39 Live Oak Associates, lnc. • Attachment 14 • ~~~~~ LAND MAURICE LAND PLANNING + May 20, 2004 Job No. 107-02-00 ~; SOLUTIONS P. ABRAHAM, AICP PRE-DEVELOPMENT STUDIES + ENTITLEMENTS Leigh Jordan, Coordinator California Historical Resources Information System Northwest information Center Sonoma State University 1303- Maurice Avenue Rohnert Park, CA 94928 Re: Request for Records Check Lands of William Ho Saratoga, California Dear Ms. Jordan: This letter.is to request a historical and cultural resources recur s check relative to the above referenced property in Saratoga California. We have be asked by the City of Saratoga to have thls done as part of their CEQA review proces i for a proposed subdivision of the property. Enclosed are 3 drawings related to the proposed subdivision; the cover sheet showing the property location, the tentative map, and the preliminary grading plan. The Assessor's Parcel Number of the. property is 503-13-067 and the site contains approximately 30- acres. We are hopeful we can have the results of your search by mid-June for a Planning Commission Study session. Please call me if you have any questions or require further information. Thank you in advance for your help. Sincerely, LAND SOLUTIONS Maurice Abraham, AICP cc: Ann -Welsh William Ho 4334 Santa Rita Road, El Sobrante, CA 94803 Mobile: (408) 921-9176 Fax: (510) 243652 E-mail: mpabraham@aol.com Attachment 15 • ~~~i~.~~ CULTURAL RESOURCE EVALUATION OF APPROXIMATELY 28-ACRES LOCATED OFF MOUNT EDEN ROAD IN THE CITY OF SARATOGA, .CALIFORNIA FOR RUTH PECK LANGWII.L~ P.O. BOX 826 '~ SARATOGA, CA 95070. 'i X60800-97-567 BY ARCHAEOLOGICAL RESOURCE MANAGEMENT 496 N. FIF1 Fi STREET . SAN JOSE, CA 95112 (408) 295-1373 ROBERT CARTIER, PRINCIPAL JANUARY 9, 1998 €~~~~~=~ s ADMONITION ~'~ Certain information contained in this report is not intended for general public distribution. Portions of this report locate significant archaeo7og~ca7 sifts mt-he region o , e pro~ecC . ~ - -~ area, and indiscriminate distribution of these data could result in the desecration and destruction of invaluable cultural resources. In order to enstue the security of the critical be deleted in co its not delivered di- data in this report, certain maps and passages may p nectly into the hands of environmental personnel and qualified archaeologists. THE PRINCIP INVESTIGATOR • a~~~~ ABSTRACT Archaeological research was carried out for approximately 28 acres off Mt: Eden Road in the City of Saratoga, California. The archival research revealed that there are no recorded archaeological sites within or adjacent to the project area. No prehistoric material was found dtirirtg surface reconnaissance; however, several pieces of historic farm equipment was present on the property. It is concluded that the proposed project would have no direct or indirect impact on prehistoric cultural resources; however, the historic farm equipment should be salvaged pnor to any earthmoving and/or construction activities.. . REQUEST FOR ARCHAEOLOGICAL EVALUATION The archaeological evaluation was carried out to determine the presence or absence of any significant cultural resources. Archaeological services were requested in December 1997 in order to provide a cultural resource report of the project. This report meets the re- quirements of CEQA (California Environmental Quality Act). QUALIFICATIONS OF ARCHAEOLOGICAL RESOURCE MANAGEMENT Archaeological Resource Management (ARM) has been specifically engaged in cultural resource management projects in central Califortia since 1977. The firth is owned and operated by Dr. Robert Cartier, the Principal Investigator. Dr. Cartier holds a Ph.D. in anthropology, and is certified by the Society of Professional Archaeologists (SOPA) for conducting cultural resource investigations as well as other specialized work in archaeology. ARM meets the criteria of "qualified archaeologist" under State and Federal guidelines. . LOCATION AND DESCRIPTION OF THE SUBJECT AREA The subject area consists of approximately 28 acres located off Mt. Eden Road in the City of Saratoga, California. On the USGS 7.5 minute quadrangle of Cupertino, the Universal Transverse Mercator Grid (UTMG) centerpoint of the project area is 5 83 690tnFJ 41 24 920mN. The elevation ranges from approximately 560-720 feet MSL. The nearest source of water is an existing drainage located on the project area. The proposed project includes the construction of a 7 lot subdivision for single family residences with the necessary excavarion, demolition, grading,, trenching, and other construction related activities. METHODOLOGY The methodology used in this investigation consisted of an archival search, a surface reconnaissance, and a written report of the findings with appropriate recommendations. The archival research is conducted by transferring the study location to a State archaeological office which maintains records of archaeological investigations. This is done in order to learn if any archaeological sites or surveys have been recorded within a half mile of the subject area. Each archival search with the State is given a file number for verification. The. surface reconnaissance portion of the evaluation is done to determine if traces of historic or prehistoric materials exist within the study area. This survey is conducted by a field archaeologist who examines exposed soils for cultural matenal. The archaeologist is looking for early ceramics, Native American cooking debris, and artifacts of stone, bone, and shell. -For historic cultural resources, the field evaluation also considers older structures, distinctive architecture, and subsurface historic trash deposits of potentially significant antiquity. A report is written containing the archivak information, record search number, the survey findings,~and appropriate recommendations. A copy of this evaluation is sent to the State archaeological office by requirements of State procedure. ~. ARCHIVAL BACKGROUND AND SURFACE RECONNAISSANCE Prior to reconnoitering the subject area, a study of the maps and records at the Northwest Infonnarion Center of the California Archaeological Site Inventory was conducted and given the file number of 60800-97-567. This research into the records at the Northwest Information Center was done to determine if any known archaeological or historical resources were reported in or around the subject area. No known archaeological sites or previous archaeological studies are recorded within the project area. No known archaeological sites are recorded with in a half mile radius of the project area. Seven surveys (S-4821, S-8498, S-4820, S-4587, S-4608, S-4501, and S-14097) have been; conducted within a half mile radius of the project area. SURFACE RECONNAISSANCE A "general surface reconnaissance" was conducted by the Principal Investigator on open _ -._..._---land-sur-faces-in-the~-subject_area~-A"controlled-intuitive-reconnaissance"was-performedin- - ___..__ __ places where burrowing animals, exposed banks and inclines,. and other activities had revealed subsurface stratigraphy and soil contents. The boundaries were well marked by . fence line, and the soil visibility was good for surface evaluation. Approximately 70% of the surface was visible with the remainder covered with grasses, scattered trees, and a small riparian area. The soil consisted of thin, dark brown topsoil with a lighter brown subsoil. The rock type present consisted of a native sandstone gravel. No prehistoric resources were noted during the surface reconnaissance. Hist c material consisting of several pieces of farming equipment, circa 1920's, was presen on the property. This machinery includes an old water pump, tractor, and cultivation uipment. These items may have collectable value and should be salvaged. CONCLUSION AND RECOMMENDATIONS Based upon the archival research and the surface survey, there are no known prehistoric resources within the project area.. However, historic fanning equipment was present on the property that should be salvaged prior to construction activities. It is therefore concluded that the proposed project would have no direct or indirect impact on cultural resources. In the event, however, that archaeological traces (human remains, artifacts, concentrations of shelUbone/rock/ash) are encountered, all construction within a fifty meter radius of the find should be stopped, the Planning Department notified, and an archaeologist retained to ex- amine the find and make appropriate recommendations. r~ C 2 ~~~.~ i ,~ r LITERATURE CITED AND CONSULTED Northwest Information Center 1997 Archival search number 60800-97-567 on file at the Northwest Information Center, Department of Anthropology, Sonoma State University, Rohnert Park. 3 ~~~~.~~ MAP :' `~_ ~ .------~ 4~~~ -~~~: - ~~ __- ~ 'PROJECT LOCATION ~= ~ ~>~t•ef - ~: •. a, ~ a~ - I ~\ r'~ ~.. _x . t-~ -_ C:~ -• • ~ ;ate`; •` ~~~' _a - ~:1i L~~c~• _'~ .oy •~~~• _ ~-(fir--~`' ,~~'80~~~ - '', • = .•. ., ;:gym mdtel/ , t a~ ~ - - - _• _ . r+.--;`- - 'I . - ' ~ ~...;. ••% _~ ___ ~ = ~~, JECT LOCATION _- --~F"C' /'"1 J~ ~a ~ •! ,\ \ ~ ~ ,~: `. ~ _ _ ~. ~, ~~. w ~7.; _ is •'~,/~.,^ i I .. •K8 °( tF ~ 1^ `v.`^'4Z11S'~' r.~ ~~• .1 . - •1r• a ~~~~ ~;~ .. ~ . v • ygla!_r~ h _ %"/;tea.-'. :.' ~ ~.~rZ~~`` - t.• ( ~W ~ • •• •:~'~`C: ~ ~K•~V. ' il8 ~ :~..~:.^ _A y ~ r.r ~sna-r\ i ~ •~ -- ~ ~.~ '• -~ ~ -.t ~N, - Water ~ :~ !. "a~..@ ~ vo P'~ ..a ~' .1 _ o CALIFORNIA ..4 '''-~'~~ %- ~`" -"'e~r~ ~. - ~ ~- ~ 6ravel.,~• e ?.5 h•IINUTE :.FRIES (TOPOGRAPHIC)., :' - ,. •. ~ =• _>, "~- _- ~- -- -- - gg i ~dLO ALTO-IS-~UADI7A'NGl° - ~'^ 4 • • • ~~0~.~`~ r r r~ I~ PROJECT AREA MAP s ,, ~~.~- ~~~.~'~~ • C7 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, October 27, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Garakani, Hunter; Nagpal, Rodgers and Zutshi Absent: Commissioners Schallop and Uhl Staff: Director Tom Sullivan, Associate Planner John Livingstone and Associate Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of October 13, 2004. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission minutes of the regular meeting of October. 13, 2004, were adopted with corrections to pages 5,6,7 and 17. (5-0-0-2; Commissioners Schallop and Uhl were absent) ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 21, 2004. REPORT OF APPEAL RIGHTS Director Tom Sullivan 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). Associate Planner John Livingstone advised that the appeal time frame for the Use Permit is 10 calendar days. CONSENT CALENDAR There were no Consent Calendar Items Saratoga Planning Commission Minutes of October 27, 2004 Page 2 *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #04-112 (397-24-032) WOOD, 14161 Douglas Lane: The applicant requests Design Review Approval to construct atwo-story single-family residence. The total floor area of the proposed residence is 5,907.5 square feet. The floor area of the first floor and the garage is 4,575.5 square feet and the second floor is 1,332 square feet. The maximum height of the proposed residence is 24 feet 6 inches. The lot size is approximately 20,080 square feet and the site is zoned R-1-20,000. (CHRISTY OOSTRHOUS) (Continued from the meeting held on October 13, 2004) Director Tom Sullivan advised that the applicant was withdrawing the request for atwo-story residence and would be resubmitting aone-story design in its place. *** PUBLIC HEARING -ITEM N0.2 APPLICATION #04-265 (403-24-034) WORDEN "Union 76", 14395 Big Basin Way: Request for Conditional Use Permit approval to expand the existing retail food market by 70 square feet. The site is located in a Commercial Zoning District. (JOHN LNINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval fora 70 square foot addition to an existing food mart at the Union 76 Station at 14395 Big Basin Way. The expansion would accommodate additional food sales such as yogurt and ice tea. • Added that the expansion would be within the existing rooflines and all materials will match existing. • Explained that this expansion requires a Use Permit. The original Use Permit for this service station was approved in 1997. Tonight's action would modify that Use Permit. • Reported that the site meets the parking requirements of 9 spaces, exceed by one at 10 spaces. Staff surveyed the parking and found it to be adequate. • Stated that the operational hours would remain the same, 6 a.m. to 10 p.m., Mondays through Fridays, and from 7 a.m. to 10 p.m. on Saturdays and Sundays. • Stated that no negative correspondence was received and that 28 surrounding neighbors signed a neighbor notification form. No concerns were raised. No adverse feedback was receivea. • Informed that this proposal meets the required findings for granting of a Conditional Use Permit. • Recommended approval and advised that the applicant is present and available for questions. Chair Garakani asked staff what triggers to bring this item before the Planning Commission. Planner John Livingstone replied that the requirement for a Use Permit in order to~ approve this request was the trigger. Commissioner Hunter asked staff to explain the difference between the terms Use Permit and - .Conditional-Use-P-ermit. - - -- - -- - Director Tom Sullivan replied that the terms are synonymous. Saratoga Planning Commission Minutes of October 27, 2004 Page 3 Planner John Livingstone added that the more formal term used in the Code is Conditional Use Permit. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Mr. Eber Jaques, Applicant's Representative: • Explained that this is a small expansion within an existing footprint to better serve existing customers. Commissioner Nagpal asked for verification that no soil excavation activities would occur on this site as part of this request. Mr. Eber Jaques replied none whatsoever. Chair Garakani closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission approved a Conditional Use Permit (Application #04-265) to allow the expansion of an existing retail food market by 70 square feet at the Union 76 Station located at 14395 Big Basin Way, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop and Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM N0.3 APPLICATION #03-218 (503-13-067) WILLIAM WAI YAN_HO, Mount Eden Road, south of Villa Oaks Lane: The applicant proposes to subdivide a 29.28 acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul-de-sac. The property has a general plan designation of RHS, Hillside Conservation and is zoned HR -Hillside Residential District. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: . • Reminded that this proposal had been before the Commission on April 28, 2004 and subsequently during a Study Session held on August 25, 2004. At the April hearing, the Commission suggested that the applicant provide additional environmental documentation. • Explained that the proposal is to subdivide a 29.28-acre property into five cluster lots with, the rest of the property to remain open space. • Stated that access to the site would be via a cul-de-sac from Mount Eden Road. • Said that the lots would range between one and three acres. • Explained that the property is steeply sloped and includes a Riparian corridor within the proposed open space area. There is no public access. Access would be via an easement. Saratoga Planning Commission Minutes of October 27, 2004 Page 4 Stated that condition required to support the concept of cluster homes with corresponding open space is that the clustering of residential lots would result in an equal or greater area of land being left as open space. Clustering must reduce the gross developed area. No single lot maybe less than 20,000 square feet. The smallest in this proposal is 43,000 square feet. Additionally, the total number of lots cannot exceed the number derived from the formula regarding slope. No unit would exceed 7,800 square feet in area. The cluster concept results in a greater area of natural terrain. Provided the requirements to deny such a request to cluster the homes. The Commission would need to make findings including that the Tentative Map is not consistent with the General Plan or Specific Plan(s) or that the clustering conflicts with easements. Reported that this project received geotechnical approval and that the Traffic Consultant's recommendations regarding safety have been addressed. The applicant would have to conduct a field study prior to construction. Said that staff has reviewed the proposal and found that the required findings to support this request can be made. Commissioner Zutshi asked if the open space would be dedicated. Planner Ann Welsh replied that yes, in order to be able to cluster the residential lots, the applicant would be required to dedicate the open space area as public open space. However, she added that staff is not yet_ sure if the City is prepared to accept this dedication as public open space but the City will accept the dedication of the trail. Commissioner Rodgers asked about the in-lieu fees. Planner Ann Welsh said that the in-lieu fees are im osed on a per-lot basis. With this project there p would be four new building lots. The in-lieu fee is approximately $20,000 per lot. If the open space were to be dedicated, the applicant would not be required to pay this fee, which is collected by the Public Works Department. Commissioner Rodgers asked for clarification as to whether the in-lieu fee would have to be paid if the land is dedicated. Director Tom Sullivan said that the applicant has offered to dedicate the open space. The decision on whether or not to accept the open space dedication would be made by Council at the time of approval of Final Map. It is likely that Council would reject the dedication and require that the in-lieu fees be paid as well as accept the Trail easement. Chair Garakani asked if the fee is paid at that time. Director Tom Sullivan said that the fee is simply levied at that time. Commissioner Nagpal asked if the open space would be maintained in perpetuity. Planner Ann Welsh said that the open space is likely to be private/public open space with an access easement. Commissioner Hunter ointed out the many letters received a couple of years ago and asked if the p concerns raised at that time have been resolved. Saratoga Planning Commission Minutes of October 27, 2004 Page 5 Planner Ann Welsh said that she has worked with neighbors for approximately the last three years and that a number of issues are addressed with the conditions in the Resolution. Commissioner Hunter asked about the drainage problems raised. Planner Ann Welsh advised that the applicant would have to address any drainage issues to the satisfaction of the City Engineer. Water cannot be drained off-site but rather must be managed on site. Commissioner Hunter asked what the benefit is between the cluster concept versus allowing the homes to be spread throughout the 29 acres. Planner Ann Welsh pointed out that if the property were to be chopped into five parcels the wildlife corridor would not be the same as there would be more disturbances. Additionally, some of the land is not appropriate for development. Commissioner Hunter questioned the need for security gates. Planner Ann Welsh said that the City does not have a policy prohibiting gates. Consideration by the Commission on the issue of gates is not to solve a traffic problem but more of a social question. Chair Garakani asked if the gates would affect the trail. Planner Ann Welsh replied no, only cars and not horses or people. Commissioner Nagpal complimented and thanked Planner Ann Welsh for her complete report, saying. that it is easy to go through the points made by the Commission. Commissioner Hunter stated that it was important for the community to know that all letters submitted on this project were provided to the Commission. Chair Garakani opened the Public Hearing for Agenda Item No. 3. Mr. Maurice Abraham, Applicant's Representative: • Said that he has very little to add to the earlier testimony but wanted to recap a couple of points. • Reminded that there has already been one public hearing as well as a productive Study Session. • Stated that issues have since been satisfactorily addressed. • Reported that they had met individually with several neighbors and resolved most concerns raised, making a number of revisions and refinements to their proposal. This project has a better plan as a result and the project is good for the community. It is well thought out and would be developed at well below the allowable density while providing open space and distance between surrounding existing homes. • Stated that they are anxious to move forward and asked the Commission's support by approving this request tonight. Commissioner Zutshi asked Mr. Maurice Abraham if he has looked at the community concerns and - feels that they have been resolved. Saratoga Planning Commission Minutes of October 27, 2004 Page 6 Mr. Maurice Abraham replied yes. The concerns have been resolved except for the Marinero's. Commissioner Hunter reminded that one concern raised was the prospect of having houses visible at or above the ridgeline. Mr. Maurice Abraham said that they moved the road above and pushed the houses further down from the ridge. This also hides the road from view while it is on the ridge. The elevations would be below the ridge. Commissioner Hunter asked Mr. Maurice Abraham for the reasoning behind the gates. Mr. Maurice Abraham replied that the gates were something that Mr. Ho wanted albeit not essential to the project. Chair Garakani asked staff to confirm that the only issue under consideration tonight is the subdivision. Director Tom Sullivan replied correct. Commissioner Nagpal: • Pointed out that there are limitations on where houses can be placed on this property. • Expressed appreciation for the biotic evaluation done. • Stated that she shared the concerns regarding the proposed security gates. • Questioned whether not having the gates might assist with the flow of traffic and whether the transportation consultant considered that issue. Mr. Maurice Abraham reported that they do not have a project traffic consultant. The City's consultant would have to make that determination. Commissioner Hunter questioned if the road width is 20 feet wide. Mr. Maurice Abraham replied that it is 24 feet wide. Ms. Hazel Marinero, 22501 Mount Eden Road, Saratoga: • Said that she resides across the road from the proposed access to this project site. • Reminded that she had previously summarized her concerns in written form. • Explained that this is a fairly dangerous corner and that her main concern is that this project would worsen an already bad situation. • Reported that at the last hearing, they were told that further traffic studies would be done. • Complained that when she attempted to reach Ann Welsh her calls were riot returned. • Stated her belief that this project would make a bad situation even worse. • Suggested that the access to the site be placed somewhere else. Planner Ann Welsh: • Reminded that the driveway configuration did change to lessen the impacts on the neighbors. It is now a divided road and a median has been added. The revised driveway has the egress further up ----- -----the-road-from-the-ingress. The gate was moved back per the recommendation of the City's Traffic Engineer. Saratoga Planning Commission Minutes of October 27, 2004 Page 7 • Expressed her understanding that the applicant was going to discuss these revisions directly with the Marinero's. • Stated that a condition has also been added, and the applicant had agreed, to put in additional landscaping on the Marinero's property to help mitigate any headline glare. • Stated that the applicant has tried his best to address the concerns raised by the Marinero's but they have to have access to their property. Mr. Ernest Marinero, 22501 Mount Eden Road, Saratoga: • Stated that he had raised concerns regarding safety at previous meetings. • Said that it had been promised that alternatives for the driveway would be considered, that additional traffic studies would be done and that they would be able to participate in the process. However, three attempts to reach Ann Welsh resulted in no calls back. Nothing has happened. • Asked that the Commission abide by those promises. Commissioner Nagpal asked if the August Study Session was noticed. Planner Ann Welsh replied that the meeting was advertised and posted but that no letters were sent. Mr. Jack Daly, 21931 Via Regina, Saratoga: • Thanked the Commission and Planner Ann Welsh. • Said he resides directly across from this proposed development and that most of his concerns have been dealt with. • Expressed the concern that the proposed 7,000 square foot homes are large for the area and that he would prefer to see the house sizes scaled down. Chair Garakani advised Mr. Daly that the subdivision is the issue for this evening. The homes themselves would be reviewed one by one. This type of concern can be considered during Design Review. . Ms. Sheila Daly, 21931 Via Regina, Saratoga: • Said that they would be looking at Lots 1, 2 and 3 from their home. • Expressed appreciation for the work done and joked that they had come to think of this property as being theirs over the last 20 years. • Pointed out that there are no other security gates in the area and reported that Mr. Ho is concerned about the potential for vehicles pulling horse trailers using this driveway. She advised that she has never seen one parked on the corner on that street. • Stated her assumption that this would be a private street. • Reported that since Mr. Ho purchased the property no fire trail abatement has been done. • Suggested that a requirement for such fire trail abatement be included in the CC&Rs. • Said that the weeds get as high as her shoulder and she is five foot, nine inches tall. • Expressed her concern that the rooflines are kept below the ridge. • Questioned how the access to the open space would be accomplished, would it be directly from Via Regina? ~- Chair Garakani reminded that the rooftirie-issue would -be discussed during IDesign-Review but that access and fire prevention clearing can be dealt with this evening. Saratoga Planning Commission Minutes of October 27, 2004 Page 8 Mr. Brad Baker, 13991 Vista Regina, Saratoga: • Stated that he has no complaints. • Said that this project is well thought out and he is excited to see this. • Stated that the concept. of clustering homes is a good one. Mr. Maurice Abraham, Project Representative: • Said that he spoke with Mr. Ho about the issue of fire protection weed abatement. Mr. Ho advised him that it had been done. The weeds were disked in a 30-foot wide swath around the perimeter. • Added that Mr. Ho is fine about allowing access to the trails. Chair Garakani asked if access would be permitted from Vista Regina. Mr. Maurice Abraham replied yes. Chair Garakani asked Mr. Maurice Abraham about the security gate. Mr. Maurice Abraham said that they are open to not having the security gate if that is the pleasure of the Planning Commission and the community. , Chair Garakani asked Mr. Maurice Abraham to discuss the road safety issues raised. Mr. Maurice Abraham said that they have made the intersection as safe as it could be, short of not having it there at all. Reminded that with changes made, they have saved another Eucalyptus and have offered additional landscaping to deflect any headlights from view by the Marinero property. Chair Garakani closed the Public Hearing for Agenda Item No. 3. Commissioner Hunter: • Pointed out that new subdivisions are hard for existing communities to accept. • Stated that five new homes are coming into a pristine area and it is very difficult for people to see that kind of change. • Said that she was moved by the letters received and the concern raised for the safety of wildlife. • Expressed her hope that fencing would not be excessive on this development. • Stated that very hard work has been done on this project both by the City and Mr. Ho. • Declared that the entrance is as it must be and suggested that the gate was not needed. Rather a sign can be posted saying "no horse trailers." This area of Saratoga is not a gated area. Commissioner Zutshi: • Agreed that Mr. Ho and his team put a lot of effort and expertise into coming up with this plan. • Pointed out that environmental studies and two traffic studies were prepared. • Said she is satisfied with the proposal and does not feel the gate is an issue either way. Chair Garakani asked Commissioner Zutshi about the concerns of the neighbors across the street. Commissioner Zutshi said that Mr. Ho needs to meet the concerns and agreed that people do drive fast. Suggested_having the City-install bumps and/or signs. Saratoga Planning Commission Minutes of October 27, 2004 Page 9 Director Tom Sullivan pointed out that this is a County road and not a City road. Commissioner Nagpal: • Said that there are concerns with hillside development in general. • Agreed that the various experts have done a good job. • Stated that cluster development is intended for property like this where open space can be maintained. • Reminded that the Design Review process would occur at a future date. • Said that she feels strongly that the gate is not conducive to this hillside area. • Agreed that there are safety concerns and said that she travels this road twice a week to take her children to horseback riding: • Expressed her empathy for that concern over safety. • Stated that the separated driveway entrance and exit mitigates that concern. • Said she is inclined to support this proposal with the exception of the gate. Commissioner Rodgers: • Said that this is a beautiful piece of land and that she understands why the neighbors would hate to see it developed. • Pointed out that this project has been designed to achieve the most open space. • Stated that she supports the cluster-zoning concept for this land. • Said that it would be important to ensure that the new neighbors appreciate this rural neighborhood. • Stressed the importance of requiring.fire prevention weed abatement and fencing limitations. • Said that she did not like the security gate at all as it is not in character with the neighborhood and would represent a jamng contrast to the rural area. Planner Ann Welsh reminded that the Hillside Zoning District prohibits enclosing more than 4,000 square feet per parcel. Therefore, fencing should not be an issue. Commissioner Hunter pointed out that sometimes fencing is put in illegally. Commissioner Rodgers added -that there might be more impact if the restrictions are reiterated in the CC&Rs. Chair Garakani: • Said that it appears there is consensus on the issue of the security gate and the applicant is willing to remove it. • Said that access to the site has been dealt with and that the area proposed for access is the only viable access point for this property. • Reminded that the applicant is willing to install screening landscaping to prevent light from imposing on the Marinero property. Commissioner Hunter asked staff to verify the width of the road. Planner Ann Welsh replied 24 feet paved. Commissioner' Hunter asked why it was so wide. Saratoga Planning Commission Minutes of October 27, 2004 Page 10 Planner Ann Welsh replied that this is the standard to allow the Fire Department emergency access. Commissioner Hunter said that it would be important to encourage native landscaping when the individual Design Review applications come forward. Director Tom Sullivan said that a notation to that effect could be crafted for the CC&Rs, reading, "all landscape schemes shall rely on native plant species." Chair Garakani reminded that one concern was raised about mature tree heights being below the ridgeline. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission recommended approval of a subdivision (Application #03- 218) of 29.28 acres located on Mount Eden Road, south of Villa Oaks Road, into five cluster lots with a 19.49-acre portion to remain open space with the added requirements: • That landscaping be predominately native and that the CC&Rs reflect that requirement as well as requirements for fencing and grading limitations per the Hillside Residential Zoning District requirements; • That fire prevention weed abatement be performed annually; and • That the security gate be removed from the project, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop and Uhl ABSTAIN: None *~* PUBLIC HEARING -ITEM N0.4 APPLICATION #04-052 (386-14-011) CINGULAR WIRELESS/PRINCE OF PEACE LUTHERAN CHURCH 12770 Saratoga Avenue: The applicant is requesting a Use Permit to construct an antenna site on the rear of the grounds of Prince of Peace Church. The proposal is to install a 60-foot high artificial conifer tree in a stand of existing conifers. The artificial tree limbs would camouflage six. panel antennas, which are 51 inches high by 13 inches wide. At the base of the artificial tree, four equipment cabinets are proposed, which would be five feet high and painted dark green in order to blend into the existing vegetation. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that Cingular Wireless is seeking approval fora 60-foot high artificial Redwood tree at the Prince of Peach Church. In addition to the tree, there would be four equipment cabinets. • Reminded that the FCC has jurisdiction over RF levels while the City's jurisdiction includes consideration of the aesthetics of an antenna installation. • Said that this installation has been certified as being in compliance with FCC standards. • Reported that this installation also serves a public benefit in that it results in income to anon-profit _ _ or anization church . _ _ g-- ---(--~---- • Stated that an exception to height limitations exists in the zoning to accommodate utility poles. • Said that the conditions have been met and the applicant is available for questions. RESOLUTION OF APPROVAL NO.04-041 APPLICATION NO.03-218 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WILLIAM HO/ MOUNT EDEN'ROAD WHEREAS, an application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Saratoga for Tentative Parcel Map approval. to subdivide a 29.28-acre, Hillside Residentially zoned parcel located between Mount Eden Road and Vista Regina (APN 503-13-067) into five lots, or as more particularly set forth in File No. 03-218 of this City, WHEREAS; the Advisory Agency hereby finds that the proposed subdivision together with the provisions for its design and improvement is consistent with the General Plan. WHEREAS, the Advisory Agency held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City- of Saratoga has prepared an Initial Study and Mitigated Negative Declaration pursuant to the requirements of the California Environmental Quality Act (CEQA); and NOW THEREFORE BE IT RESOLVED: that the Tentative Parcel Map for the hereinafter described subdivision, which map is dated September 2004, Date stamped October 19, 2004 prepared by Hanna and Brunetti, P.E. is marked Exhibit "A" in the hereinafter file, be and the same is hereby approved subject to the following conditions. COMMUNITY DEVELOPMENT 1. In order to comply with the requirements for granting a Use Permit, the open space must be offered to the city for dedication with the trails as depicted on the plans. The city will upon the offer of dedication, decide to accept or decline the offer of dedication. The plans must be revised to depict the open space as public lands and the trail as public pedestrian /equestrian trail. 2. A revised landscape plan shall be submitted which provides additional buffer and fencing between the parcel 503-13-139 and the proposed access road. 3. Plant a landscape buffer on the adjacent neighbors property (if agreeable to the neighbor at 22501 Mount Eden Road) to minimize the impact of the proposed access road in terms of glare. 4. A storm water retention plan shall be provided indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best ~ • Management Practices. The storm water management plan shall comply with all design requirements mandated by the current National Pollution Discharge Elimination (NPDES) permit. 5. A grading and drainage plan shall be submitted and this plan shall be reviewed and approved by the City Arborist and the Community Development Department. 6. Soil and Erosion Control Plans -The applicant should submit a soil and erosion control plan which identifies the techniques for minimizing the impact of disturbance on adjacent properties. 7. A statement of covenant, conditions and restrictions (CC~szR's) shall be provided which addresses the long term maintenance of the on site storm water retention structures and landscaping along the access road. 8. The applicant with the revised tentative map shall furnish a construction schedule plan. This schedule shall identify the various phases of development, construction of the cul-de-sac, installation of landscaping along the road frontages, and phasing of development of each building lot. The approximate number and size of vehicles involved in each phase of the development shall be identified in this construction schedule plan. 9. The applicant must comply with noise guideline associated with subdivision construction. Construction activities may be conducted between the hours of 730 am and 5:00 pm, Monday through Friday. Subdivision construction is not permitted on Saturday, Sunday or other holidays. 10. A notice of applicable construction hours shall be posted conspicuously on the site at all times. 11. The applicant shall retain a qualified environmental consultant to conduct surveys of the project area in the April prior to proceeding with any grading to determine if special plant species exist and if mitigation will be required. If special status plant species are identified, a Special Status Plant Species Mitigation and Monitoring Plan will be prepared and submitted to staff for review. 12. The applicant shall determine if seasonal drainage channels are under USACE, CDFG and/or RWQCB jurisdiction and if necessary submit appropriate permit applications. 13. A qualified ornithologist must conduct aprotocol-level pre-construction survey for nesting raptors (including both tree and ground raptors) onsite within 30 days of the onset of ground disturbance or tree removal. If a nesting raptor is detected, an appropriate construction buffer must be established. 14. In the event that archeological traces are encountered, all construction within a fifty-meter radius of the find should be stopped, the Planning Commission notified, and an archaeologist _ _ _ retained to examine the find and make appropriate recommendations. 15. The applicant shall dedicate apedestrian=only easement that follows the route of the new road and the emergency access road to provide a trail loop. The existing proposed trail and this easement should intersect at two places: neaz the entrance at Mt. Eden Rd. and at the upper end near Vista Regina. The plans should be revised to reflect this additional easement: 16. Ciry policy discourages gated private roads so the entrance gate to the proposed new cul-de- sac shall be removed from the plans. PUBLIC WORKS Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 3. The owner (applicant) shall pay a Map Checking fee; as determined by the Ciry Engineer, at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guazantee the setting of interior monuments. 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. -~ 6- The -owner-(applicant) -shall- submit -engineered improvement plans to the Ciry Engineer in conformance with the approved Tentative Map and in accordance with the design and • • improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Ciry Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. 7. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. 8. Encroachment Permits shall be issued by Santa Clara County Roads and Airports Department prior to any work commencing in the County right-of-way. All conditions required by the Roads and Airports Department shall be fulfilled prior to final subdivision approval. 9. The applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elunination System Permit for Santa Clara Basin. Post-construction operation and maintenance of storm water treatment Best Management Practices (BMP's) shall be the responsibility of individual homeowners or Homeowner's Association, if applicable. Maintenance Agreement between the City and Homeowners Association shall be approved prior to Final Map Approval. The Agreement shall secure public access easement to each BMP for inspection purposes by the City inspectors. The Agreement shall be recorded into the individual deed records or shall be part of CCR's recorded prior to final subdivision approval. 10. A line of sight study prepared by a licensed engineer shall be submitted to verify that the intersection of access road with Mt. Eden Road will be safe, prior to Final Map approval. 11. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval. 12. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 13. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 14. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 15. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision . improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. • • • 16. The owner (applicant) shall pay the applicable Park Development fee prior to Final Map approval. The fee is $20,700 per additional lot or $82,800. This fee assumes that the fee in lieu of dedication of public open space will be assessed upon the property owner. 17. Prior to approval of the Final Map, the applicant shall file a Notice ~f Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to .the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. 18. All building and construction related activities shall adhere to New Development and Construction -Best Management Practices as adopted by the City for the purpose of preventing stoi:m water pollution. GEOTECHNICAL CONSULTANT Geotechnical Clearance is granted for the Ho Subdivision provided the applicant comply with the conditions identified below in the Geotechnical Clearance letter from. Iveta Harvancik, Associate Engineer dated August 28, 2003 and revised April 20, 2004. 1: The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., setbacks, roadway and building site locations, site preparation and grading, landslide mitigation measures, erosion control plan, and design parameters for roadways, foundations, retaining walls and other improvements) to ensure that all recommendations have been properly incorporated into the plans. The plan review letter shall include a written geologic and geotechnical evaluation of the revised entrance road alignment, and be accompanied by a revised geotechnical mitigation plan and cross section (I-I') depicting the new alignment, probable lateral extent and depth of Landslide I and nearby Ols, and modified.mitigation measures. The Project Geotechnical Consultant previously provided a recommended mix of expansive colluvium and granular rock material to help mitigate potential creep associated with expansive fills. The Project Geotechnical Consultant should confirm that the grading plan includes a note that satisfies the recommended mix specification (minimum percentage ofnon-expansive granular material). The plan reviews shall be summarized by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer and City Geotechnical Consultant for review and approval prior to construction of subdivision improvements. • • 2. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for keyways, roadway subgrade, drainage trenches and foundations prior to the placement of engineering fill, drains, steel and concrete. The Project Engineering Geologist shall map geologic exposures in excavations and use the data to prepare a Final Engineering Geologic Map and Cross Sections of as-built conditions. Specific data pertaining to the depth and extent of colluvium and landslides, and orientation of bedrock structure, shall be recorded and incorporated into the as-built drawings. The results . of these inspections and the as-built .conditions of -the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a letter(s), accompanied by as-built drawings, and submitted to the City Engineer for review and approval prior to final inspection of the subdivision improvements. 3. Prior to Geotechnical Clearance for lot developments, site-specific geotechnical investigations shall be performed on Lots 1 through S. As pazt of these investigations, the applicants' geologic and geotechnical consultants shall: (1) review the data presented in the above referenced documents, and pertinent data provided in reports cited in those documents, (2) perform supplemental subsurface exploration and laboratory testing, as needed, to adequately identify the extent and depth of surficial materials (e.g., fill, colluvium, and landslide deposits), (3) evaluate the long-term stability of slopes on the lots (including artificial and natural slopes), and (4) provide complete geotechnical design recommendations for the proposed construction. The investigations should include, but not necessarily be limited to the following: i. Grading and Drainage Plans depicting proposed cuts, fills and drainage improvements shall be submitted for each proposed residential development. The plans also shall clearly depict building footprints, and landslide margins and construction setbacks from potentially unstable slopes. The Project Engineering Geologist and Geotechnical Engineer should evaluate all geotechnical aspects of proposed development plans. ii.The geotechnical conditions in the building footprints (including driveways and parking areas) on each lot should be explored, and representative earth materials (i.e., bedrock, colluvium, artificial fill, etc.) should be sampled and tested to provide engineering parameters for foundation and retaining wall design. The geotechnical consultants should specifically: (1) determine~the thickness of surficial materials (e.g., artificial fill and colluvium) on the property, and (2) perform sufficient laboratory testing to characterize the density, strength, expansivity and other pertinent physical properties of the subsurface materials to below the depths of basements and anticipated foundations. Recommendations for drainage improvements should be provided, as well as specific recommendations for structural foundations, as needed. _ _ _ iii. We recommend that the project geotechnical consultant for individual lots consider the long-term benefits of providing piers with minimum • • reinforcement of four, no. 5 vertical bars in a cage and at least 8 feet embedment into bedrock. The final foundation design criteria should be based on asite-specific investigation of each lot. Detailed engineering geologic cross sections shall be prepared (at a scale of 1 inch =10 feet) to depict the natural and artificial slope profiles (thus, proposed cuts and fills), locations and depths of exploratory probes, depth and orientation of various earth material units, and proposed improvements. Reference shall be made to final (as-built) geologic cross sections prepared by Pacific Geotechnical Engineering. iv. The results of the site-specific geotechnical investigations shall be summarized in written reports with appropriate illustrations, and submitted to the City to be reviewed and approved by the City Engineer and City Geotechnical Consultant prior to Geotechnical Clearance for each lot. v. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final foundation and grading plans (i.e., building setbacks, site drainage improvements and design parameters for roadways, foundations, retaining walls, etc.) to ensure that the consultants' recommendations have been properly incorporated. vi. The results of the plan review shall be summarized in a letter(s) by the Project Engineering Geologist and Project Geotechnical Engineer and submitted to the City for review and approval by the City Engineer prior to issuance of a Grading Permit for each individual lot. vii. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project demolition and construction. These inspections should include, but not necessarily be limited to: site surface and subsurface drainage improvements, excavations for removal of foundations and structures, and excavations for roadway construction and prior to the placement of steel, concrete and fill: viii. The results of these inspections and the as-built conditions of the project shall be described in a letter, and on revised (final) geologic maps and cross sections, and submitted to the City Engineer for review prior to finalization of the grading permit for each individual lot. 4. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Tentative Map approval,. 5 The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by, or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. - - - -- • FIRE PROTECTION DISTRICT 1. Property is located in a designated hazardous fire area. 2. All fire hydrants in the designated hazardous fire area shall be located within 500' from the residence and deliver a minimum 1000 gpm for a sustained period of 2 hours each at 20-psi residual pressure. Required fire flow could not be determined due to building floor areas and construction types not given, there may be a substantial increase of minimum required flow. (City of Saratoga Code 14-30:040 [c], as required by Saratoga Fire District) 3. Fire hydrants: developer shows three (3) hydrants to be installed. Such hydrants shall meet the requirements listed in item 2 above and Saratoga Fire District's specifications. Hydrant(s) shall be installed and accepted prior to construction of any building. (City of Saratoga Code 14-30.040 [a]) 4. Roof covering for all dwellings shall be fire retardant and comply with the standards established for Class A roofing. Replacement less than 10% total roof area shall be exempt. (City of Saratoga Code 16-15.080) 5. Early Warning Fire Alarm System shall be installed and maintained for all dwellings. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to Saratoga Fire District for approval. (City of Saratoga Code 16-60) 6. Automatic sprinklers shall be installed for all new dwellings including garage, workshop, storage areas and basement. An NFPA 13R sprinkler system with a single 2.5" Fire Department Connection (FDC) and 4 head calculation is required for each dwelling. The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. Documentation of -the proposed installation and all calculations shall be submitted to Saratoga Fire District for approval. Thee sprinkler system and underground water supply must be installed by a licensed contractor. (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures #500 sq ft) 7. Access Road: (applies to both new Court and emergency access road) a: Minimum width shall be 20 feet with a one-foot shoulder on each side. b: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) c: Maximum road slope shall not exceed eighteen percent (18%) for more than fifty (50) feet. d: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and a double-coat oil and screening surface. e: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate: base and a two inch asphalt concrete surface. f: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. Note: emergency access road should be shown to connect to Vista Regina, not Via Regina. • 8. Driveways: All new or improved driveways serving a single dwelling shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side. (City of Saratoga Code 16- 15.200, as required by Saratoga Fire District) a: Unobstructed vertical clearance shall be not less than 13 feet 6 inches. (CFC 902.2.2.1) b: Maximum driveway gradient shall not exceed eighteen percent (18%) for more than fifty (50) feet. c: Finished slopes from level to 12.5% shall have at least a six inch aggregate base and a double-coat oil and screening surface. d: Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface. e: Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface. 9. The cul-de-sac at the end of the new access road and the turnaround at the end of lot 5 shall have a minimum 36 feet outside radius or an equivalent as approved by Saratoga Fire District. 10. Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic loading. (City of Saratoga Code 16-15.200, as required by Saratoga Fire District) 11. Parking: Provide a parking area for two emergency vehicles at the proposed dwelling site or as required by Saratoga Fire District. Details shall be shown on building plans. S 12. Security Gate: Any security gate width shall not be less than 14'. Gate .access shall be through a Medeco lock box purchased from Saratoga Fire District. Details shall be shown on building plans. If gates are electrically operated, provide emergency back up power or manual releasing mechanism accessible by the Fire District. (CFC 902.4) 13. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (CFC 901.4.4) CITY ARBORIST 1. In a report dated February 7, 2004, the city arborist made a number of recommendations and observations regarding the impact of the proposed subdivision on the surrounding trees. The primary recommendations are outlined below. 2. The combined appraised value of trees planned for removal (#3, 7-11,13-18, 47-50, 55, 57, 68- 70 and 75) is $19,460. Mitigation for their removal shall include installing 46 of the 50 new Coast Live Oaks (24-inch box size) shown on the proposed landscape plans. 3. The combined appraised value of inventoried trees planned for retention equals $442,080. In accordance with the newly. adopted Ordinance, a bond equivalent to 100% of this value is required to promote their protection. i • 4. The retaining wall shown through tree #2's trunk shall be redesigned to be no closer than 10 feet from the trunk. Soil excavation for the wall's footing shall be manually performed within 30 feet of the tree's trunk. All roots requiring removal of two inches and greater m diameter shall be cleanly severed and immediately wrapped in a plastic bag secured by tape or a rubber band. 5. The plans should be redesigned to show the following grading setbacks from the trunks of the fisted trees: ten feet from #23, 24, 26, 36 and 51-53; fourteen feet .from #25; twelve feet from #66; fifteen feet from #29; and twenty feet from #27, 28, 31, 32, 67 and 78. 6. The portion of Sanitary Sewer Line proposed within 25 feet of tree #54's trunk and 20 feet from tree #56's trunk shall be tunneled by at least four feet below existing grade through horizontal boring. The planned three-foot depth near the manhole is acceptable. All pits shall be established as far from the trunks as possible. 7. The line indicating the "Top of Cut" along the west side of the `New Court' road should be revised to correspond to the approved limits of grading. 8. The proposed grading shown on Sheets C3.1 acid C3.2 beneath tree #72's canopy must be revised to conform to Sheet C4.10. 9. The proposed grading shown on Sheet L1.2 beneath tree #83's canopy should be revised to conform to Sheet C4.9. ee 6 should be redesi ed. I su Qest 10. The drain luie proposed withm proxirrury to tr #7 gn gb establishing it between trees #78 and 79, at least 25 feet from tree #78's trunk, 20 feet from tree #79's trunk, and 25 feet from the trunk of anon-inventoried tree immediately east of #79 (shown as a 40-inch Oak). The trench for the line and dissipater must be hand dug where within the fenced area. All roots two inches and greater shall be retained during the process. 11. The trench for the proposed drain fine beneath the western portion of trees #4, 5 and 6 shall be manually dug where within 15 feet of their trunks. All roots two inches and greater shall be retained during the process and tunneled beneath. 12. The locations of the following trees should be surveyed and shown on all applicable plans: #3, 14-18, 47-52, 56 and 73. I also suggest the location of tree #66's trunk is confirmed. Impacts to these trees cannot be fully assessed until this is performed. 13. Tree protection fencing must be installed precisely as shown on the attached map and established prior to any demolition, surface scraping, grading or heavy equipment arriving on site. It shall be comprised of five- to six-foot high chain link mounted on two-inch diameter steel posts, driven 18 inches into the ground and spaced no more than 12 feet apart. Once established, the fencing must remain undisturbed and maintained throughout the construction process until final inspection. • 14. Where applicable, protection fencing shall be established no further than two feet from the road and retaining walls, one-foot from the approved limits of grading, and eight feet from the `Entrance Gate' building and home on lot 5. 15. The existing property boundary fence along the western boundary should remain intact throughout the development process. 16. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed) as well as beneath canopies of trees not inventoried for this report. These activities include, but are not limited to, the following: grading (both soil fill and excavation), surface scraping, trenching, storage and dumping of materials (including soil fill), and equipment/vehicle operation and parking. 17. Prior to commencing grading activities, the limits of grading shall be staked and reviewed on-site with the grading contractor and City Arborist. 18. The removal of the existing road surface for the Emergency Access Road shall be carefully removed to avoid damaging roots located immediately beneath the asphalt. I suggest the hardscape is first broken into small pieces using. a jackhammer. The pieces must then be manually lifted and placed on a loader. Any base rock covering visible roots shall remain intact. Please note the loader shall remain on pavement at all times and off exposed soil and roots. 19. The existing culvert along the Emergency Access Road by trees #56, 57 and 59 shall be carefully removed to avoid damaging roots. 20. At the start of grading (during the months of March thru September), supplemental water shall be supplied to all trees where grading or construction activities occur beneath their canopies. The water should be applied through soaker hoses or other approved irrigation system placed beneath mid- to outer-canopies at a rate of 10 gallons per inch of trunk diameter every two weeks. 21. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. Herbicides and pesticides used beneath canopies must be labeled for safe use near trees. 22. Great care must be taken to avoid damaging the canopies of retained trees. As such, I suggest the portion of canopies encroaching in the path of travel be pruned, as necessary, prior to beginning the demolition process or arrival of heavy equipment to the site. The pruning of trees shall be limited to removing deadwood one-inch and greater in diameter, reducing any heavy limb weight and clearing the path of travel for equipment and vehicles. All cuts four inches and greater in diameter must be reviewed and approved by the City prior to doing so. 23. The pruning and removal of trees must be performed under supervision of an International Society of Arboriculture (ISA) Certified Arborist and according to standards established by the ISA. Information regarding Certified Arborists in the area can be obtained by referring to the following website: hrtp://www.isa-arbor.com/arborists/arbsearch.html. 24. Irrigation shall not spray beneath the canopies Oak trees nor come into contact with trunks of other trees. Stones, mulch or other landscape features should be at least one-foot from trunks of retained trees. 25. The irrigation plan should be reviewed for tree impacts prior to approval. Irrigation trenches planned parallel to a trunk shall be no closer than 15 times the diameter of the closest trunk. Irrigation trenches installed radial to a trunk can be placed no closer than 5 times the diameter of the closest trunk and at least 10 feet apart at the canopy's perimeter. Irrigation spray shall come no closer than five feet from a tree's trunk. Please note any trenches for electrical lines shall be installed by the same guidelines. • • NOW, THEREFORE, be it resolved that the Tentative Parcel Map as identified as "Exhibit A" titled Tentative Map -Lands of Ho apn 503-13-067 prepared by Hanna ~ Brunetti dated September 2004, date stamped October 19, 2004 is approved subject to the conditions outlined in this report. Section 1. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. Section 2. An approved or conditionally approved tentative subdivision map approval shall expire twenty-four months from the date on which the Planning Commission on appeal, granted its approval or conditional approval. Section 3. In accordance with the California Environmental Quality Act ("CEQA" -Public Resources Code Section 21000 and following)' and the regulations promulgated pursuant to CEQA ("the State CEQA Guidelines"), the City Council hereby approves the Initial Study and. Negative Declaration prepared for this subdivision and finds that the approval of this subdivision is in compliance -with CEQA and the State CEQA Guidelines if the mitigation measures outlined in the Initial Study and the Biotic Evaluation for Lands of Ho prepared by Live Oak Associates dated June 16, 2004 are added as conditions of approval. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27`h day of October, 2004 by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES:. None ABSENT: Schallop and Uhl ABSTAIN: None Chair, Planning Commission ATT ST: i Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. t Property O er or Authorized Agent Date • Attachment 3 • HANNA & BRUNETTI Civil Engineers - Planners - Land Surveyors Established 1910 Walter J. Hanna, Jr. P.E., L.S. Arnold Brunetti, P.E. October 13, 2006 Ms Lata Vasudevan, AICP Senior Planner D 2 City of Saratoga l5 13777 Saratoga Avenue Saratoga, CA 95070 OCT 1 7 2006 CITY OF SARATpGA Re: HO SUbdIVISIOn - AppllCatlOn #03-218 COMMUNITY DEVELOPMENT Dear Lata: We respectfully request a 12 month extension to the Tentative Map as identified as; Tentative Map -Lands of Ho apn 503-13-067, prepared by Hanna & Brunetti dated September 2004,. date stamped October 19, 2004. We have been diligently working on the Final Map and Improvement Plans per Conditions of Approval No. 04-04. We are awaiting comments on our second submittal on the Improvement Plans and have received our second submittal comments back on the Tract Map, thus we are nearing completion. The Tract Map prepared for this project entailed extensive boundary research, both in the field and in the office. The Tract Map process alone took 12 months to complete and submit. This is a large project involving a large coordination effort to bring together the vast planning, engineering, environmental, biological and geotechnical efforts required of this project. In addition to working together, they have been working with all the .necessary public agencies to obtain the necessary approvals and clearances set forth in the Conditions of Approval. Moreover, the City of Saratoga requires the proper time to plan check the submittals generated by this project. Mr. Ho has put together an extensive team to complete this project and would like to acknowledge the City of Saratoga's Planning and Engineering Staff for all their time and effort dealing which each member of our team. Should you have any questions, please contact the Project Planner/Coordinator, Maury Abraham at 408-921-9176 or myself at 408-842-2173. Sincerely, Arnold Brunetti cc: William Ho Maury Abraham Ref 02063 7651 Eiglebeny Street 408-842-2173 Gilroy, California 95020-5122 Fax 842-3662 • Attachment 4 • Oct 12 06 01:18p ,~ ~~`< ~ , r :~i 12 October 20{lb Live Oak Rssoc. Inc. (4081224-1411 p,2 LIVE OAK ASSOCIATES, [NC. an Ewlogical Consulting firm Ms. Lata Vasudevan, AICP Senior Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 u ~~~ o ~~~ ~. Cr 1 `~ 200 ciry 6 RE: ?006 Landslide Issues as Relate to the Lands of Ho and Biotic Issues (PN: b46-03) Dear Lata: It was nice meeting you this afternoon. I am writing to follow up on our conversation regarding biotic resources and tht ds of HoanAPN e503i 13 06 ~t does lnot appear the slide~arear affe ted property hne of the Lan any sensitive biotic resources on-site. It was discussed this afternoon that some stopgap measures should be proposed to reduce further erosion associated with the slide feature, which could be implemented this year prior to winter rains. One of the methods talked about was smoothing out a depression that o f formed bh ehe slide to encourage runoff and deter pooling effects. Based on the topography flow runoff enters the seasonal drainage on-site. Therefore, best management practices (e.g., using siltation fencing) should be implemented during the grading activities proposed to smooth out the accumulated soils deposited by the slide. Siltation fencing should be erected downhill from grading activities to reduce the possibility of fill entering the seasonal drainage. This measure will avoid the potential for inadvertently causing fill to ,jurisdictional waters. Please let me know if you have any questions of comments. Be well, Michele Korpos Project Manager/ Vdildlife Ecologist - - Sin Jose Office: 6830 Via Oel Oro, Suite 205 • San Jose, CA 95119 •Phone:408-281-5885 • Fax: 408-224-1411 .. _,. .. ,. ~_.. ,~,,, - nnAZA RnnA dJf, CIIItP R • Oakhurst. CA 93644 • Phone: 559-642-41380 • Fax: 559-642-48E3 10/13/2006 12:51 4087796879 { = ~--_-__= PACIFIC ,. ~ GEOTECHNICAL I:___~ ENGINEERING PAGE 02 16055-D Caputo 1r~rive, Morgan Hill, CA 95037 (408) 778-2818 • FAX (408) 779-6 i:nfoC~pacific-geotechnical.c October 12, 2006 P~roject1850EG Ms. Iveta Harvancik Associate Engineer City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 PACIFIC GEOTECHNICAL Subject: Geologic and Geotechnical Update Extension of Tentative Map Application Ho Subdivision Mount Eden Road Saratoga, California Dear Ms. Harvancik uu ocr i s zoos U CITY OF SAKATOGA ^?UNITypEVELO~~~~ As requested we are pleased to present.this letter that provides an update •to the geologic and geotechnical conditions at the site with respect to an extension of the Tentative Map approval process for the proposed Ho Subdivision, on Mount Eden Road, in Saratoga, California. Pacific Geotechnical Engineering performed a combined Geologic and Geortechnical Investigation for the proposed development, the results of which are presented in a report dated February 5, 2003. That report was accompanied by a folio of illustrations (geologic-maps and cross-sections, Figures 4 through 12) that were later revised as requested by the City Geotechnical Consultant. An addendum report was issued in June 2003. From a geologic and geotechnical viewpoint, the site conditions at the subjcsct property are essentially unchanged since the time of our original report, with one exception -the occurrence of a iandslide in the extreme northeastern corner of the propert/. In March, 2006 a landslide occurred on two properties uphill and immediatE~ly north of the Ho property. The headscarp and main body of that landslide are located mostly on those adjacent properties, and our geologic mapping indicates that landslide movement extended only about 50 feet onto the Ho property. The landslide is part of ~~ larger landslide that is recorded as having been active in 9906. It apparently had been studied as part of previous investigations for the property northeast of the Ho property, and we understand it was studied again this year when geotechnical protection of the house was designed. The landslide is in an area of known high geologic hazard, and its occurrence is not altogether surprising. 10/13/2006 12:51 4087796879 PACIFIC GEOTECHNICAL PAGE 03 Ho Subdivision October 12, 2006 Design of the Ho property subdivision recognized the previously documentEld landslide hazard, and improvements were sited a safe distance away; the recent landslide is more than 200 feet from the nearest proposed improvement. Future reactivation of this landslide is likely, but that movement will not encroach sign~cantly closer tc- the proposed development area. Construction of the proposed improvements ~~n the Ho property will not adversely affect the stability of that landslide area. It is located in an area of known landslide hazard that is located more than :?00 feet away from the nearest portion of the proposed development on the Ho property. The landslide and its future expected development will not impact the proposed improvements because the hazard was previously recognized and avoided by the development scheme. The proposed development also will not impact the :stability fo the active landslide or the landslide hazard area associated with it. With the exception of the recent landslide that originated on the adjacent pn~perties, the geologic conditions of the Ho property remain essentially unchanged since ~~ur 2003 addendum report, and our overall opinion of the geologic and geotechnical :suitability of the property for the proposed development remains unchanged. • • If you have any questions, please contact us. ,.~Q~ G fo Sorely, ~= Peter C. Anderson Professional Geologist #3833 Certified Engineering Geologist #1189 ti~ ~ !p r~'~ { Fater C. A^derson ~~• ~ ~ t r.~. `.'`~-.. ~ dF C 2 ~~~~,~~QIED G,~Qro~'~ Q F€TFaC.l~NOF.F~3N '' Ci.tl +'~iLI~ c~iU~i~'EE9fYG Gf0! 061;•T P A,gr~Gf CAL\`04* ---~ ~~ :- a _., -- - , ;, ; k-, ----~ • Attachment 5 • • • Saratoga, September 30, 2006 ~ l' !~ • (y ~~ oar ~~ Community Development Department, attn. L. Vasudevan ~iT 0 2 200 City of Saratoga A~M~NYO DA~TOC 6 13777 Fruitvale Avenue Saratoga, CA 95070 ~~~~~~"~~~~ Subject: Public Hearing on 10/11/06 re. extension of Tentative Map Approval #07-073 Ladies and Gentlemen, Because of the delays and consequent staff changes of this project, we would like to use the opportunity presented by this Hearing to restate three conditions, which we have previously requested to be included in the CC&R's of the Final Map: - No construction traffic through Vista Regina, our private road - Permanent barriers (locked gates) on the proposed emergency access road - Provisions to prevent creek erosion due to storm drain flow These conditions were discussed with and verbally agreed to by Ms. Ann Welsh, the planner in charge at the time (5/18/2005), and Mr. Ho, the property owner. One of us (B.T.) was assured shortly thereafter by Ms. Iveta Harvancik that these three conditions would be recorded in the CC&R's of the Final Map. The third condition concerns the two of us (B.T. and D.K.) whose properties border on the creek exiting the Ho property at its lower end. It is addressed by point 4 of the Community Development section of the Tentative Map, which states, "all storm water will be retained on site." We request that any retention basin be at considerable distance from the Kocsis property, and not adjacent to it, as some preliminary plans have specified. We respectfully ask that the Planning Commission direct staff to address these concerns by including appropriate conditions in the CC&R's of the Final Map. Sincerely, ~~ ~~~~~ einrich E: Hunziker David Kocsis 13925 Pierce Road, P.O. Box 2807 13945 Pierce Road ~~~ «~ Bill Toscano 13935 Pierce Road • Attachment 6 • Memo To: Planning Commission Cc: Lata Vasudevan, Associate Planner From: Pedestrian, Bicycle, and Equestrian Trails Committee: Denise Goldberg, Chair Anne Sanquini, Vice Chair William Brooks, Citizen Advisor Jim Stallman, Citizen Advisor Ann Waltonsmith, City Council Member Date: October 17, 2006 Re: Ho Tentative Map Approval Extension The Pedestrian, Bicycle, and Equestrian Trails Committee at its regular meeting on October 17, 2006 considered the matter of the Ho tentative map extension and voted to recommend the approval of the extension as requested by the applicant. William T. Brooks will attend the Planning Commission meeting to indicate support, reasons and answer questions if asked. Thank you. r~ L Attachment 7 • City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga's Planning Commission announces a public hearing on the item described below on: Wednesday, the 25th day of October 2006, at 7:00 p.m. The public hearing will be held at the Civic Theater at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. The public hearing item is: APPLICATION/ADDRESS: #07-073 - Mt Eden Rd. south of Villa Oaks Lane APPLICANT/OWNER: Brunetti / Ho APN: 503-13-067 DESCRIPTION: Request for Extension of Tentative Map and Use Permit approvals granted by the Planning Commission on October 27, 2004. The Tentative Map and Use Permit approvals expire 24 months from this date. The applicant was granted Tentative Map and Use Permit approvals to subdivide a 29.28-acre property into five clustered lots with an average lot size of 1.73 acres. The remaining 19.49-acre portion of the property is to remain in open space with a pedestrian, equestrian trail winding through the open space. Access to the property is to be via a cul-de-sac, which egresses onto Mount Eden Road. An emergency access road is proposed from Vista Regina Road to the cul- de-sac. The property has a General Plan designation of RHC -Hillside Conservation and is zoned HR -Hillside Residential District. This application, was originally noticed for the October 11, 2006 public hearing, but has been rescheduled to the above- noticed date. All interested persons may appear and be heard, at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing: In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, October 16, 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. Lata Vasudevan, AICP - --Senior Planner 408-868-1235 AFFIDAVIT OF MAILING NOTICES • STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~~ ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 yewwa~~rs; that acting for the City of Saratoga Planning Commission on the ~ day of ~(i10~1~ 2006, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) i that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular corm /mlunication by United States Mail to the addresses shown above. l~/~1J Signed • September 25, 2006 'Ownership Listing pared for: 503-13-067 WAI-YAN &TSAI-PI HO MT EDEN RD CUPERTINO CA 95014-4836 503-10-029 503-10-044,065 503-10-067 ERNESTO E & HAZEL MARINERO CHRISTINA CAGLIOSTRO OR CURRENT OWNER VINCE S GARROD OR CURRENT OWNER 22600 MOUNT EDEN RD 22501 MOUNT EDEN RD SARATOGA CA 95070-9758 22530 MOUNT EDEN RD SARATOGA CA 95070-9732 SARATOGA CA 95070-9758 503-13-019 503-13-021 THOMAS C & ANNE FURLONG DAMS C CHID 503-13-038, 039 OR CURRENT OWNER OR CURRENT OWNER DAGMAR M HORVATH 13929 VISTA REGINA 21777 MOUNT EDEN RD 15209 BLUE GUM CT SARATOGA CA 95070-4865 SARATOGA CA 95070-9723 SARATOGA CA 95070-6268 503-13-091 503-13-092,127,128 503-13-067 V K & I JAYAKUMAR FRED & CHRIS IRANY WAI-YAN &TSAI-PI HO OR CURRENT OWNER OR CURRENT OWNER 22121 LINDY LN ~ 13941 VISTA REGINA 13937 VISTA REGINA CUPERTINO CA 95014-4836 SARATOGA CA 95070-4865 SARATOGA CA 95070-4865 ~13-101 503-13-102 503-13-113 SHINS & TSUI YAO ROBERT M & CAROL KARR OWEN SINGER OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 13947 VISTA REGINA 13951 VISTA REGINA 13927 PIERCE RD SARATOGA CA 95070-4865 SARATOGA CA 95070-4865 SARATOGA CA 95070-4841 503-13-114 503-13-117 503-13-118 HEINRICH E & META HUNZIKER WAI HO ROLSTON JOHNSON PO BOX 2807 16850 CABERNET CT OR CURRENT OWNER SARATOGA CA 95070-0807 MORGAN HILL CA 95037-7064 13999 VISTA REGINA SARATOGA CA 95070-4865 503-13-119 503-13-123 503-13-124 BRADLEY S & SUSAN BAKER WILLIAM B TOSCANO DAVID R & DAWN KOCSIS OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 13991 VISTA REGINA 13935 VISTA REGINA 13945 VISTA REGINA SARATOGA CA 95070-4865 SARATOGA CA 95070-4865 SARATOGA CA 95070-4865 503-13-134, 135, 144 503-13-136, 137, 143 503-13-138, 139 CHAPEL JUDY FRANK J HORVATH JOHN E & CHERYL KEENAN PO BOX 3458 1850 PRUNERIDGE AVE 27 OR CURRENT OWNER SARATOGA CA 95070-1458 SANTA CLARA CA 95050-6527 22215 MOUNT EDEN RD SARATOGA CA 95070-9786 13-140,141 503-69-020 FOSTER 503-13-145 PRITHVI & ANITA RAJ CURRENT OWNER CHAPEL JUDY OR CURRENT OWNER PO BOX 3458 22217 MOUNT EDEN RD SARATOGA CA 95070 21848 VIA REGINA SARATOGA CA 95070-9786 SARATOGA CA 95070-4845 503-69-022 ALEXANDER E & JILL FRIES OR CURRENT OWNER 21950 VIA REGINA SARATOGA CA 95070-4845 503-69-026 HANNELORE E THOMAS PO BOX 2517 SARATOGA CA 95070-0517 503-69-029 GARY A & YII-DER HLADIK OR CURRENT OWNER 21871 VIA REGINA SARATOGA CA 95070-4861 503-69-032 ARTHUR F OKUNO OR CURRENT OWNER 21811 VIA REGINA SARATOGA CA 95070-4805 503-69-035 MARY A & MARY BORER 9205 FIRCREST LN 198A SAN RAMON CA 94583-2087 503-78-007 DIERCKS FAMILY TRUST OR CURRENT OWNER 22068 VILLA OAKS LN SARATOGA CA 95070-9743 503-78-012 JEFFREY R & BETH KINGSLEY OR CURRENT OWNER 13625 DEER TRAIL CT SARATOGA CA 95070-9782 503-78-024, 029 STEVEN D & RHANNA HAYNES OR CURRENT OWNER 22111 VILLA OAKS LN SARATOGA CA 95070-9766 503-80-001 UDAYA & KAVITHA SHANKAR OR CURRENT OWNER 22461 MOUNT EDEN RD SARATOGA CA 95070-9761 503-80-006 HANK C & YUNGHWA CHANG OR CURRENT OWNER 22388 MOUNT EDEN RD SARATOGA CA 95070-9757 503-69-023 DERTOROSSIAN 1992 OR CURRENT OWNER 21978 VIA REGINA SARATOGA CA 95070-4864 503-69-027 JOHN W & SHEILA DALY OR CURRENT OWNER 21931 VIA REGINA SARATOGA CA 95070-4861 503-69-025 JIANG-WEN 21995 VIA REGINA SARATOGA CA 95070 503-69-028 TILL M & DONNA GULDIMANN OR CURRENT OWNER 21891 VIA REGINA SARATOGA CA 95070-4861 • 503-69-030 503-69-031 PAPKEN S & CLARA DERTOROSSIAN THOMAS B & CONNIE LAWRENCE OR CURRENT OWNER OR CURRENT OWNER 21851 VIA REGINA 21823 VIA REGINA SARATOGA CA 95070-4861 SARATOGA CA 95070-4861 503-69-033 503-69-034 CHARLIE C CONKLIN MEHDI & MAHBOUBEH MOAZENI OR CURRENT OWNER 2178 VIA REGINA ST 21799 VIA REGINA SARATOGA CA 95070-4805 SARATOGA CA 95070-4805 503-78-005 503-78-006 ANDREW J & PAMELA BROWN SURENDRA B MANDAVA OR CURRENT OWNER OR CURRENT OWNER 21952 VILLA OAKS LN 22010 VILLA OAKS LN SARATOGA CA 95070-9743 SARATOGA CA 95070-9743 503-78-008 503-78-009 SAEID & ATOUSA GHAFOURI CHRISTOPHER P & ANGELA OR CURRENT OWNER CARSTENS 22126 VILLA OAKS LN OR CURRENT OWNER SARATOGA CA 95070-9743 22188 VILLA OAKS LN SARATOGA CA 95070-9743 503-78-013 503-78-014 - ROO J KAO JOHN A & HEIDI MAGNER OR CURRENT OWNER OR CURRENT OWNER 22071 DEER TRAIL CT 13575 DEER TRAIL CT SARATOGA CA 95070-9778 SARATOGA CA 95070-9782 503-78-026 503-78-027 INDERJIT S & PARAMJIT UPPAL ANTHONY COCCIARDI OR CURRENT OWNER OR CURRENT OWNER 22183 VILLA OAKS LN 22631 MOUNT EDEN RD SARATOGA CA 95070-9766 SARATOGA CA 95070-9708 503-80-003 503-80-002 SCHERF FAMILY PART PAULA & JULIE SCOLA OR CURRENT OWNER PO BOX 188 22200 MOUNT EDEN RD SARATOGA CA 95071-0188 SARATOGA CA 95070-9757 386-14-029 CITY OF SARATOGA ATTN: LATA VASUDEVAN 13777 FRUITVALE AVE SARATOGA CA 95070 V I N b 0 3 1 7 V O 4 0 0 2 b 3 8 W 3 1 d 3 5 "W1 "x8 N~tl2I0 A l N !1 0 0 d 21 V l 0 V 1 N V S d 0 O l V it V S 3 0 A l I O 6wban~n5, 6uliaaui6u3 IodipiunW, off ~o spu~~ ;~H QDIO3ErO 6uluuold lol uawuonnu3, 6ul~aaui6 ug pnp, T (C xH 03NOIS3Q El.IZ-Z48 SB04) "B ' ~ w a N ~aa u S a anon ~OS 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Livingstone, AICP -~...w. ~' v,, ~ -;~. .EL 1' ~' st y u /, I~ •CL. 2 S- ~ i/i ~ ~ .~~ esq. \S `~ ~ ~• 1C. NET ~Y ,~.?~~ -~ Mr• q:~ u q, ~ C ` ~ 4 ~- - t ~,.-~ -~`L. . a e ~~+jjy.. ` ~ st Y - •~~~ l~,.w!u ~- ~ Ep p'S ` _ ate to%.~ M J. w. .~-. '. • ~ Sr ` i .: ' F ~•~ 9 - s - e > ~y ~- ' ... . . . . ; .. i..:. ~;~ _......;...'.o ........ F ~'~~ t, ~ . -~•I • Y F _ ~ ~ ~...Y SUBJECT:" STREET ~~ .a ~9~-• ~yda• ~, m , ., ~ _ 14395 Big Basin Way ";;, < g u ~ ' R S a ~- ... APN: 503-24-034 '°" P -- -~ ; --;i. ' a . ~ ~ ~ P 500' Radius a "' ,' _~ - ~ " ' g ~ 14395 Big Basin Way Application No. 06-214; 14395 Big Basin Way EXECUTIVE SUMMARY CASE HISTORY: Application filed: 12/19/05 Application complete: 09/04/06 Notice published: 10/11/06 Mailing completed: 09/09/06 Posting completed: 10/19/06 PROJECT DESCRIPTION: The applicant requests approval for a variance to increase the maximum sign area and maximum letter, numeral, and figure height to construct an illuminated free-standing gasoline price sign on the corner of Big Basin Way and Saratoga-Sunnyvale Road at 14395 Big Basin Way. The proposed sign is approximately 8 feet high and 6 feet wide. It consists of a 42-inch high illuminated section, containing the logos and pricing, which sits atop a brick-veneer base. The applicant is also proposing minor modifications to the building signage. The site is located in the Commercial Historic (CH-1) zoning district. Sign permit approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-30.060. STAFF RECONIl~~NDATION: Staff recommends that the Planning Commission deny the variance application for construction of a gasoline price sign and approve the modifications to the building signage with conditions that no additional signage be placed on the property without Planning Commission approval, the second price sign be removed, and the current signage be brought into compliance. • • • Application No. 06-214; 14395 Big Basin Way STAFF ANALYSIS ZONING: CH-1 (Commercial Historic) GENERAL PLAN DESIGNATION: CR (Commercial Retail) MEASURE G: Not applicable PARCEL SIZE: Approximately 24,000 square feet . AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS: The applicant is proposing adouble-sided illuminated red, white, and blue plastic sign, which is situated on a beige brick-veneer base. Canopy, building, and dispenser signs would also be modified to the ConocoPhillips color palette of red, white, and blue. ENVIRONMENTAL DETERMINATION: The proposed new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15311, "Accessory Structures", Class 11 (a) of the Public Resources Code (CEQA): This exemption allows for the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs. • Application No. 06-214; 14395 Big Basin Way PROJECT DATA DATA FOR GASOLINE SIGN PROPOSAL CODE REQUHtEMENTS/MAX SIZE OF PRICE NUMERALS: 6 inches 6 inches SIZE OF OTHER LETTERS, FIGURES, OR NUMERALS 28.25 inches (76 logo) 2 inches 6 inches (ConocoPhillips) 2 inches 3 inches (Food Mart) 2 inches 2 inches (Self Serve Gasoline) 2 inches AREA OF SIGN: 49 square feet 10 square feet for a gasoline sign* HEIGHT OF SIGN: 8 feet 10 feet** WIDTH OF SIGN: 6 feet, 1 inch N/A AREA DATA FOR ALL SIGNAGE EXISTING PROPOSAL CODE REQUIREMENTS GASOLINE PRICE SIGNS FREESTANDING SIGN #1: 14 square feet 49 square feet i FREESTANDING SIGN #2: 14 square feet Remove TOTAL 28 square feet 49 square feet 10 square feet (15-30.170) IDENTIFICATION SIGNS i ~ CANOPY: 14 square feet 14 square feet i FOOD MART: 37 square feet ~ 37 square feet I 76 ON BUILDING: 13 square feet 13 square feet TOTAL 64 square feet 64 square feet 40 square feet*** (Staff recommends reducing or removing signage to bring total into compliance) * Gasoline sign area: If the Planning Commission approves sign area in excess often feet for a gasoline sign, the excess must be included in the proposed sign area for the site (15-30.170(c)). **Sign height: There are no front or side setbacks in the CH-1 district. Outside of the vision triangle at the i corner, the height maximum for a sign is 10 feet. ***Identification sign area: The allowable sign area in the Commercial District is one-quarter square foot for each foot of street frontage: 0.25 * 214.96 foot frontage along Saratoga-Sunnyvale Road = 53.74 square feet. _ _ __ ___However,_the_aggregate area of all identification signs upon a site may not exceed 40 square feet (15-30.100 - -- - -- - (a)(3))• I Application No. 06-214; 14395 Big Basin Way PROJECT DISCUSSION: The applicant is requesting a variance for a new freestanding sign and a sign permit to modify building signage. All applications for permits to construct illuminated and freestanding signs shall be acted upon by the Planning Commission. The project site is located at 14395 Big Basin Way in the CH-1 zone at the corner of Saratoga-Sunnyvale Road. Variance for the Gasoline Price Sign The proposed double-sided freestanding sign will consist of awhite-colored brick base, which will support a red, white, and blue acrylic plastic sign displaying the "76," Food Mart, and ConocoPhillips logos, along with the fuel grade prices. The red, white, and blue "76" logo will be surrounded by grey, and the prices and Food Mart logo will be displayed in white figures on a red background. The sign will be illuminated by internal fluorescent lighting from dusk until closing time. The City shall reserve continuing jurisdiction over any permit for an illuminated sign and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. - The California Business and Professions Code, Section 13531, mandates that motor vehicle fuel prices must be clearly visible from the street or highway adjacent to the premises where they are sold. When the place of business is situated at an intersection, the advertising medium shall be clearly visible from each street of the intersection. Section 13532 of the Code specifies the content and size of the words, numbers, and symbols to be included on the sign. This content includes, but is not limited to, the fuel prices, trademark, and grade designation [Attachment 3]. City Code 15-30.170 allows gasoline price signs to be freestanding if necessary to comply with the State's visibility requirement. The price numerals must not exceed 6 inches in height and all other letters, figures, or numerals on the sign must not exceed two inches in height, unless otherwise approved by the Planning Commission. The area of the sign shall not exceed ten square feet unless the applicant demonstrates, to the satisfaction of the Planning Commission, that a greater size is needed to contain all of the numerals, words and figures required to be shown on the sign under the applicable provisions of Section 13532 of the State Business and Professions Code. Any area of the sign that exceeds ten feet shall be counted against the overall sign allowance for the site. The two existing price signs are each 4 feet, 8 inches wide high by 3 feet wide, exceeding the allowed gasoline sign area by approximately 4 square feet. The prices on the existing signs are visible and legible in their current locations (Attachment 4). The proposed sign, with an area of 49 square feet, exceeds the 10 square foot area limit by 39 square feet. Business and Professions Code, Section 13532, along with City Code 15-30.170, emphasize the visibility of the fuel prices, as opposed to the trademark and other designations. The City limits the height of logos, figures, and other non-numerals to two inches, while requiring that the price numerals be six inches high. The State requires that the logos, figures, and other non-numerals, such as the trademark, be at least one-third the height of the price Application No. 06-214; 14395 Big Basin Way numerals. The applicant is proposing one logo that is over 28 inches high, one that is 6 inches high, and another that is 3 inches high. Staff recommends that these logos be reduced . to two inches in height. Applicant is requesting variances to increase the maximum allowable height for the letters, numerals, and other figures on the gasoline sign and to increase the maximum sign area allowed on the site. These variances are requested because the signs are produced in standard sizes and colors. Creating and maintaining a customized sign that does not align with company standards will impact costs. Staff does not support the need for the additional sign area or the additional height of the letters, figures, and non-numerals on the sign. Staff would support a single sign if the area was reduced to 10 square feet and the height of the logos and other non-numerals reduced to 2 inches. Staff would recommend removing the second price sign. Identification Sign Modification The proposed plan includes updates to the existing signage on the buildings. As the current signage exceeds the allowable square footage for identification signs, Staff recommends that the Food Mart sign be reduced or removed in order to bring the total signage to 40 square feet. This new signage will allow the facility to align with the ConocoPhillips corporate color scheme. Neighbor Review Letters Staff has notified all neighbors within 500 feet of the parcel about the project and received no negative responses. The applicant was advised to submit neighbor notification forms but did not do so. DESIGN REVIEW FINDINGS FOR PRICE SIGN Sign Ordinance The proposed price sign is not consistent with Article 15-30.070 of the City Code. (a) The sign does comply with the regulations of Article 15-30 and of the commercial district. The sign does not comply with City Code. The price sign exceeds the allowable height for most of its letters, numerals, and figures, other than the actual fuel prices. The existing signage exceeds the allowable area for price signs and the proposed signage significantly increases that area. For this reason, this finding can not be made in the affirmative. (b) The size, shape, color, illumination, placement and material of the sign is compatible with the visual characteristics of the neighborhood and other lawful signs in the area. Although the brick veneer on the sign's base maybe compatible with the rustic appearance of the Village, the large illuminated bright-colored plastic signage is not. The height, bulk, and materials of the sign are not compatible with the neighborhood and structure is too large for the corner and, therefore, this finding cannot be made in the affirmative. Application No. 06-214; 14395 Big Basin Way (c) The location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. This finding cannot be made in the affirmative in that the placement of a 48-square foot illuminated sign at the entrance to the Village will detract from nearby signs and unduly draw attention. (d) The location and design of a sign in close proximity to any residential district would not adversely affect the quality or character of such residential area. This finding can be made in the affirmative in that the site is surrounded by commercial properties and, therefore, would not impact a residential area. Saratoga Pillage Design Guidelines The proposed price sign is not consistent with all of the following Saratoga Village Design Guidelines, which were adopted by the Saratoga City Council on January 2, 1991. (a) It is the intent of the sign guidelines to encourage signage that functions clearly to inform pedestrians and motorists of business names and services, but that does not detract from the architectural quality of individual buildings or from the streetscape as a whole. Although the proposed sign would clearly inform passersby of the fuel prices, the sign's height, bulk, and materials would detract from the streetscape. As shown by the existing signage, smaller signs are sufficient to visibly display the fuel prices. (b) The desirable materials for signs are wood, glass, brick, metals with a matte finish, and paint applied to the building face. Internally illuminated plastic signs are not permitted and plastic is considered an inappropriate sign material for the Village (Saratoga Village Design Guidelines, p. 45). (c) Sign colors should relate to and complement the material or paint scheme of the buildings, including accenting highlights and trim colors. The numbers of colors on any sign should be limited to three. The black, gray, red, white, and blue tones used in the sign exceed the three-color limit. However, these are the designated ConocoPhillips colors and would complement the modifications to the buildings. (d) Signs should have the capability of being lit for evening visibility. The sign will use fluorescent lighting for internal illumination. Variance for Gasoline Price Sign The proposed price sign does not support all of the findings required to grant a variance (15- 70.060): (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The price signs, as they are currently located, are sufficient to inform passersby of the fuel prices. Application No. 06-214; 14395 Big Basin Way The applicant is not deprived of privileges enjoyed by the owners of other properties in the vicinity and classified in the commercial district and, therefore, this finding cannot be made in the affirmative. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. This finding cannot be made in the affirmative in that allowing the increased sign area and labeling size would constitute granting a special privilege to the applicant. (c) That the granting of the variance would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the. vicinity. The proposed sign would be located outside the triangle of visibility for the corner. By doing so, it is unlikely to be detrimental to public health, safety, or welfare, or materially injurious to 'properties or improvements in the vicinity, and therefore, this finding can be made in the affirmative. (d) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will. not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area. Placing a sign of this height and bulk at the entrance to the Village would detract from the viewscape and be inconsistent with the appearance of the neighborhood and therefore, this finding cannot be made in the affirmative. DESIGN REVIEW FINDINGS FOR BUILDING SIGNS Sign Ordinance The proposed building signs are consistent with Article 15-30.070 of the City Code. (a) The sign does comply with the regulations of Article 15-30 and of the commercial district. This finding can be made in the affirmative in that the applicant will reduce the existing and proposed signage to a total of 40 square feet, which will ensure compliance with the City Code. (b) The size, shape, color, illumination, placement and material of the sign are compatible with the visual characteristics of the neighborhood and other lawful signs in the area. With the exception of the Food Mart sign, the proposed project would replace existing signs on the buildings with others of the same size, shape, placement, material, and illumination. Only the color would be changed in order to comply with the corporate requirements and, therefore, this finding can be made in the affirmative. (c) The location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. This finding can be made in the affirmative in that the proposed signs would be similar to those already in place, which do not detract from other signs. Application No. 06-214; 14395 Big Basin Way (d) The location and design of a sign in close proximity to any residential district would not adversely affect the quality or character of such residential area. This finding can be made in the affirmative in that the site is surrounded by commercial properties and, therefore, would not impact a residential area. Saratoga Village Design Guidelines The proposed building signs are consistent with all of the following Saratoga Village Design Guidelines, which were adopted by the Saratoga City Council on January 2, 1991. (a) It is the intent of the sign guidelines to encourage signage that functions clearly to inform pedestrians and motorists of business names and services, but that does not detract from the architectural quality of individual buildings or from the streetscape as a whole. The purpose of the building signs would be to identify the gas station company name and the Food Mart store. These signs are already in place and would be updated, with modifications. (b) The desirable materials for signs are wood, glass, brick, metals with a matte finish, and paint applied to the building face. Internally illuminated plastic signs are not permitted and plastic is considered an inappropriate sign material for the Village (Saratoga Village Design Guidelines, p. 45). However, this is a typical design for gas station company signs. (c) Sign colors should relate to and complement the material or paint scheme of the buildings, including accenting highlights and trim colors. The numbers of colors on any sign should be limited to three. The red and blue tones used in the new signs will compliment the white bricks of the building. (d) Signs should have the capability of being lit for evening visibility. The canopy signs will be illuminated with fluorescent light and the vinyl window Food Mart sign will be lit by backlighting. Conclusion For the price sign, as proposed, Staff finds that all the Design Review Approval findings cannot be made in the affirmative. The sign does not conform to all of the standards and requirements of Article 15-30 of the City Code, is inconsistent with the Village Design Guidelines, is incompatible with the existing character of the neighborhood, and would detract from the streetscape and adjacent signs. Staff cannot support the variances to increase the maximum allowable site sign area and maximum allowable height of letters, numerals, and other figures that are requested due to potential economic impacts. Doing so would constitute the granting of special privilege and the sign would not be consistent with the appearance of the Village. - - Staff -finds that -all theDesign-Review Approval findings can be made -in the affirmative for the changes in signage on the buildings, with conditions. Application No. 06-214; 14395 Big Basin Way STAFF RECOIVIlVIENDATYON Staff recommends that the Planning Commission approve the modifications to the building signage with conditions and deny the application for construction of a price sign. ATTACHNIi;NTS: 1. Resolution of Approval with conditions. 2. Affidavit of Mailing Notices, Public Hearing Notice; Mailing labels for project notification. 3. California Business and Professions Code (Sections 13531. and 13532) 4. Photos of existing signs. 5. Reduced Plans, Exhibit "A." • • ., r'. Attachment 1 • APPROVAL OF RESOLUTION NO. Application No. 06-214 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Graff/RHL Design Group Inc./ConocoPhillips/Tosco Marketing; 14395 Big Basin Way WHEREAS, the City of Saratoga Planning Commission has received an application for sign permit approval to construct a new freestanding gasoline price sign, along with minor modifications to the canopy sign at 14395 Big Basin Way at the corner of Saratoga-Sunnyvale Road; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full~opportunity to be heard and to present evidence; and WHEREAS, the proposed new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15311, "Accessory Structures", Class 11 (a) of the Public Resources Code (CEQA). This exemption allows for the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs; and en of roof re uired to su ort the findin s w WHEREAS, the applicant has not met the burd p q pp g for granting said sign permit approval and the following findings specified in City Code Section 15- 30.070 for the price sign: (a) The sign does comply with the regulations of Article 15-30 and of the commercial district. The sign does not comply with City Code. The price sign exceeds the allowable height for most of its letters, numerals, and figures, other than the actual fuel prices. The existing signage exceeds the allowable area for price signs .and the proposed signage significantly increases that area. For this reason, this finding can not be made in the affirmative; and (b) The size, shape, color, illumination, placement and material of the sign is compatible with the visual characteristics of the neighborhood and other lawful signs in the area. Although the brick veneer on the sign's base may be compatible with the rustic appearance of the Village, the large illuminated bright-colored plastic signage is not. The height, bulk, and materials of the sign are not compatible with the neighborhood and structure is too large for the corner and, therefore, this finding cannot be made in the affirmative; and (c) The location and design of the sign does not obscure from view or unduly detract- from existing adjacent signs. This fmding cannot be made in the affirmative in that the placement of a 48-square foot illuminated sign at the entrance to the Village will detract from nearby signs and unduly draw attention; and (d) The location and design of a sign in close proximity to any residential district would not adversely affect the quality or character of such residential area. This finding can be made in the affirmative in that the site is surrounded by commercial properties and, .therefore, would not impact a residential area. WHEREAS, the applicant has not met the burden of proof required to support the Saratoga Village Design Guidelines, which were adopted by the Saratoga City Council on January 2, 1991, in regards to the price sign: ~) (a) It is the intent of the sign guidelines to encourage signage that functions clearly to inform pedestrians and motorists of business names and services, but that does not detract from the architectural quality of individual buildings or from the streetscape as a whole. Although the proposed sign would clearly inform passersby of the fuel prices, the sign's height, bulk, and materials would detract from the streetscape. As shown by the existing signage, smaller signs are sufficient to visibly display the fuel prices; and The desirable materials for signs are wood, glass, brick, metals with a matte finish, and paint applied to the building face. Internally illuminated plastic signs are not permitted and plastic is considered an inappropriate sign material for the Village (Saratoga Village Design Guidelines, p. 45); and (c) Sign colors should relate to and complement the material or paint scheme of the buildings, including accenting highlights and trim colors. The numbers of colors on any sign should be limited to three. The black, gray, red, white, and blue tones used in the sign exceed the three-color limit. However, these are the designated ConocoPhillips colors and would complement the~modifications to the buildings; and (d) Signs should have the capability of being lit for evening visibility. The sign will use fluorescent lighting for internal illumination. WHEREAS, the applicant has not met the burden of proof required to support the findings for granting a variance to allow an increase in the maximum allowable height for the letters, numerals, and other figures on the price sign and the maximum sign area allowed as specified in City Code Section 15-70.060: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The price signs, as they are currently located, are sufficient to inform passersby of the fuel prices. The applicant is not deprived of privileges enjoyed by the owners of other properties in the vicinity and classified in the commercial district and, therefore, this finding cannot be made in the affirmative; and (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. This finding cannot be made in the affirmative in that allowing the increased sign area and labeling size would constitute granting a special privilege to the applicant. (c) That the granting of the variance would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed sign would be located outside the triangle of visibility for the corner. By doing so, it is unlikely to be detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity and this finding can be made in the affirmative; and (d) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area. Placing a sign of this height and bulk at the entrance to the •Village would detract from the viewscape and be inconsistent with the appearance of the neighborhood and therefore, this finding cannot be made in the affirmative. WHEREAS, -the applicant has met the burden of proof required to support the fmdings for granting said sign permit approval and the following findings specified in City Code Section 15- 30.070 for the building signs: (a) The sign does comply with the regulations of Article 15-30 and of the commercial district. This finding can be made in the affirmative in that the applicant will reduce the existing and proposed signage to a total of 40 square feet, which will ensure compliance with the City Code; and (b) The size, shape, color, illumination, placement and material of the sign are compatible with the visual characteristics of the neighborhood and other lawful signs in the area. With the exception of the Food Mart sign, the proposed project would replace existing signs on the buildings with others of the same size, shape, placement, material, and illumination. Only the color would be changed in order to comply with the corporate requirements and, therefore, this finding can be made in the affirmative; and (c) The location .and design of the sign does not obscure from view or unduly detract from existing adjacent signs. The proposed signs would be similar to those already in place, which do not detract from other signs, and therefore, this finding can be made in the affirmative; and (d) The location and design of a sign in close proximity to any residential district would not adversely affect the quality or character of such residential area. This finding can be made in the affirmative in that the site is surrounded by commercial properties and, therefore, would not impact a residential area. WHEREAS, the applicant has met the burden of proof required to support the Saratoga Village Design Guidelines, which were adopted by the Saratoga City Council on January 2, 1991, in regards to the price sign: (a) It is the intent of the sign guidelines to encourage signage that functions clearly to inform pedestrians and motorists of business names and services, but that does not detract from the architectural quality of individual buildings or from the streetscape as a whole. The purpose of the building signs would be to identify the gas station company name and the Food Mart store. These signs are already in place and would be updated, with modifications; and (b) The desirable materials for signs are wood, glass, brick, metals with a matte finish, and paint applied to the building face. Internally illuminated plastic signs are not permitted and plastic is considered an inappropriate sign material for the Village (Saratoga Village Design Guidelines, p. 45). However, this is a typical design for gas station canopy-mounted signs and would be appropriate for that location; and (c) Sign colors should relate to and complement the material or paint scheme of the buildings, including accenting highlights and trim colors. The numbers of colors on any sign should be limited to three. The red and blue tones used in the new signs will compliment the white bricks of the building; and (d) Signs should have the capability of being lit for evening visibility. The canopy signs will be illuminated with fluorescent light and the vinyl window Food Mart sign will be lit by backlighting. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan; architectural drawings, plans and other exhibits submitted in connection with this matter, the application for the price sign is denied. Section 2 After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for the updates building signage has been approved, with modifications and conditions, and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. Prior to issuance of permit, the second price sign will be removed. 2. Prior to issuance of permit, the Food Mart sign will be .reduced or removed in order to bring the total identification sign area for the site to 40 square feet. 3. With the exception of the modifications to the Food Mart sign and the conditions regarding the fascia, the building signage shall be located and constructed as shown on Exhibit "A", incorporated by reference. 4. No additional signage will be placed on the site without Planning Commission approval. S. The existing fascia cannot be increased in size. The final schematics showing color and paint are subject to approval of the Community Development Director. 6. The City reserves continuing jurisdiction over this sign permit and may revoke the permit upon any failure by the permittee to comply with any condition set forth in this Resolution. CITY ATTORNEY 7. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • • PASSED AND ADOPTED by the City of Saratoga Planning Commission,.State of California, this 25th day of October 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers, Chair, Planning Commission ATTEST: John F. Livingstone, AICP, Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, the Property Manager, and the Property Owner or Authorized Agent: Each of the undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent) Date Applicant (RHL Design Group or Authorized Agent) Date • _ __ __ __ Attachment 2 ~J 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 25th day of October 2006, at 7:00 p.m. The public hearing will be held in the City Hall theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: #06-214 -14395 Big Basin Way APPLICANT: Graff (Conoco Phillips/Tosco Marketing) APN: 503-24-034 DESCRIPTION: The applicant requests approval and a variance to construct an illuminated, 8-foot tall, free standing gasoline price sign. The site is located in the Commercial Historic (CH-1) zoning district. Sign permit approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-30.060. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, October 16, 2006. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a -copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Suzanne Thomas Assistant Planner 408-868-1212 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 7th day of October , 2006, that I deposited 98 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: 503-24-034 Address: 14395 Big Basin Way that on said day there was regular communication by United States Mail to the addresses shown above. a r, e ise Kaspar Advanced Listing Services • October 7, 2006 ~wnership Listing Prepared .for: 503-24-034 GRAFF 14395 BIG BASIN WAY SARATOGA CA 95070 397-22-011 517-09-015, 046, 047 FLORA M COX 1146 TELFER AVE SAN JOSE CA 95125-3346 397-22-023 SARATOGA FEDERATED CHURCH 20390 PARK PL SARATOGA CA 95070-5955 397-22-066 UNITED STATES POSTAL SERV 395 OYSTER POINT BLVD 225 SOUTH SAN FRANCISCO CA 94080- 397-27-028 DAN W & GWEN NEALE 129 WHITNEY AVE LOS GATOS CA 95030-6233 397-31-008 DAVID L & SONJA GUNK 700 S BERNARDO AVE 101 SUNNYVALE CA 94087-1099 397-33-001 JOSEPH & SUSAN LONG PO BOX 2095 SARATOGA CA 95070-0095 397-33-004 KAIMENG HUANG OR CURRENT OWNER 14349 SARATOGA AVE A SARATOGA CA 95070-5949 007 EJBARCLAY OR CURRENT OWNER 14351 SARATOGA AVE A SARATOGA CA 95070-5950 397-22-014, 020 CALIFORNIA STATE OF PO BOX 23440 OAKLAND CA 94623 397-22-044, 068, 021 SARATOGA FEDERATED CHURCH 14370 SARATOGA AVE SARATOGA CA 95070-5953 397-22-067 SARATOGA FIRE DIST SCC PO BOX 279 MOUNTAIN VIEW CA 94042-0279 397-27-029 EZAT LOUKZADEH OR CURRENT OWNER 20440 ARBELECHE LN SARATOGA CA 95070-5439 397-31-011 G & G MCCANDLESS PROPS LLC PO BOX 1962 LOS ALTOS CA 94023-1962 397-33-002 EVELYN DUGGAN OR CURRENT OWNER 14347 SARATOGA AVE C SARATOGA CA 95070-5945 397-33-005 PATRICIA I CHUI OR CURRENT OWNER 14349 SARATOGA AVE B SARATOGA CA 95070-5949 397-33-008 DENNIS W KING OR CURRENT OWNER 14351 SARATOGA AVE B SARATOGA CA 95070-5950 397-22-015 SARATOGA FIRE PROTECTION DIST PO BOX 279 Mountain View CA 94042 397-22-045 JOHN L & M OSTROWSKI 12750 IONE CT SARATOGA CA 95070-3804 397-22-069 SARATOGA FIRE DIST OF SC COUNTY OR CURRENT OWNER 20473 SARATOGA LOS GATOS RD SARATOGA CA 95070-5909 397-27-030 DAVID J & TERRI MORRISON 4100 MOORPARK AVE 201 SAN JOSE CA 95117-1708 397-31-020 ENGINEERING INFORMATION SYSTEMS PO BOX 25 SARATOGA CA 95071-0025 397-33-003 GRACE S HSU OR CURRENT OWNER 14347 SARATOGA AVE B SARATOGA CA 95070-5945 397-33-006 ROPP LIVING TRUST OR CURRENT OWNER 14349 SARATOGA AVE C SARATOGA CA 95070-5949 397-33-009 CSUBAK 19646 VIA GRANDE DR SARATOGA CA 95070-4452 397-33-010 397-33-011 397-33-012 ROBERT W PENNELL WANDA KATHARY ROBERT PIERCE ' 1432 CERRO VERDE OR CURRENT OWNER 23600 VIA ESPLENDOR 118F SAN JOSE CA 95120-4909 14353 SARATOGA AVE D CUPERTINO CA 95014-6513 SARATOGA CA 95070-5965 397-33-013 ' LENA PONTIER 397-33-014 397-33-015 OR CURRENT OWNER MORTON S & GERALDINE MANN SHOKY MALEKSALEHI 14353 SARATOGA AVE C 19986 MALLORY CT PO BOX 110955 SARATOGA CA 95070-5964 SARATOGA CA 95070-4437 CAMPBELL CA 95011 397-33-016 397-33-017 397-33-018 CANNIZZARO FAMILY TRUST KAREN E BURGNER PERSICO J J 19540 REDBERRY DR OR CURRENT OWNER OR CURRENT OWNER LOS GATOS CA 95030-2931 14355 SARATOGA AVE C 14357 SARATOGA AVE A SARATOGA CA 95070-5951 SARATOGA CA 95070-5952 397-33-019 397-33-020 ~ 397-33-021 JONATHAN W MULHOLLAND DOLLIE LEY DAVID A JOHNSON OR CURRENT OWNER 19944 CHARTERS AVE 18403 PURDUE DR 14357 SARATOGA AVE D SARATOGA CA 95070-4412 SARATOGA CA 95070-4712 SARATOGA CA 95070-5952 397-33-022 397-33-023 397-39-001 EARLE J CRAIGIE MARJORIE BUENROSTRO JULIE BILLINGTON OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14359 SARATOGA AVE A 14359 SARATOGA AVE B 14345 SARATOGA AVE 11 _ SARATOGA CA 95070-5947 SARATOGA CA 95070-5947 SARATOGA CA 95070-5942 397-39-002 397-39-003 397-39-004 PRASHANT & LORRAINE AVVAKUMOVITS O & E LIVING ELIZABETH A LESLIE CHATTERJEE OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14345 SARATOGA AVE 13 14345 $ARATOGA AVE 14 14345 SARATOGA AVE 12 SARATOGA CA 95070-5942 SARATOGA CA 95070-5942 SARATOGA CA 95070-5942 397-39-005 397-39-006 397-39-007 LUCILLE SILVEIRA JOO H & WON CHUNG ALYCE M KRAMER OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14345 SARATOGA AVE 15 14345 SARATOGA AVE 16 14345 SARATOGA AVE 17 SARATOGA CA 95070-5942 SARATOGA CA 95070-5942 SARATOGA CA 95070-5942 397-39-008 .397-39-009 NAM LAM WILLIAM LAGERSTROM 397-39-010 OR CURRENT OWNER OR CURRENT OWNER GARY J & PATRICIA VICK 14345 SARATOGA AVE 18 14345 SARATOGA AVE 21 14137 SQUIRREL HOLLOW LN SARATOGA CA 95070-5942 SARATOGA CA 95070-5943 SARATOGA CA 95070-5417 397-39-011 397-39-012 397-39-013 MARK & SHARON 2006 LANI SMITH RUTHANN CRITCHFIELD OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14345 SARATOGA AVE 23 14345 SARATOGA AVE 24 14345 SARATOGA AVE 25 SARATOGA CA 95070-5943 SARATOGA CA 95070-5943 SARATOGA CA 95070-5943 397-39-014 397-39-015 397-39-016 ROBERT S & JOAN SEIPEL C R VON HELLENS RITA LEVY 14127 SQUIRREL HOLLOW LN 2141 E HIGHLAND AVE 155 OR CURRENT OWNER SARATOGA CA 95070-5417 PHOENIX AZ 85016-4762 14345 SARATOGA AVE 28 SARATOGA CA 95070-5944 397-39-019 397-39-017 397-39-018 ROBERT B & MARY ABINGTON CHARLES NATER LEANNE REES OR CURRENT OWNER PO BOX 386 8701 BELLWOOD RD 14345 SARATOGA AVE 33 TOGA CA 95071-0386 BETHESDA MD 20817-3032 SARATOGA CA 95070-5944 397-39-020 397-39-021 397-39-022 VALERIE J BRAND PETER A TAFARELLA KEVIN R & PAULINE BRUCE OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14345 SARATOGA AVE 34 14345 SARATOGA AVE 35 .14345 SARATOGA AVE 36 SARATOGA CA 95070-5944 SARATOGA CA 95070-5944 SARATOGA CA 95070-5944 397-39-023 397-39-024 397-39-025 BAHRAM NADIMI PHIL Z & JEAN YOUNG SUZANA SEBAN OR CURRENT OWNER OR CURRENT OWNER 172 CLIPPER ST 14345 SARATOGA AVE 37 14345 SARATOGA AVE 38 SAN FRANCISCO CA 94114-3817 SARATOGA CA 95070-5944 ~ SARATOGA CA 95070-5944 503-23-020 503-23-017, 018 503-23-019 CHICH-HSING & HSIAO-JEN TSAO MARGARET SEAGRAVES GORDON A & HELEN DUNCAN OR CURRENT OWNER 13371 SARATOGA AVE 316 NICHOLSON AVE 20567 BROOKWOOD LN SARATOGA CA 95070-4535 LOS GATOS CA 95030-7254 SARATOGA CA 95070-5868 503-23-022 503-23-023 503-23-021 IAN & HELEN WHITING EVELYN JOHNSTON YUAN-HAI MEI OR CURRENT OWNER OR CURRENT OWNER 1162 LITTLEOAK CIR 20601 BROOKWOOD LN 20611 BROOKWOOD LN SAN JOSE CA 95129 SARATOGA CA 95070-5831 SARATOGA CA 95070-5831 028 X5-23-027 503-23-029 503-23-052 , WILLIAM L & VIRGINIA HIGGINS HUGH A & GLORIA JACOBS PATRICK BROCKETT OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20550 BROOKWOOD LN 20510 BROOKWOOD LN 20620 BROOKWOOD LN SARATOGA CA 95070-5800 SARATOGA CA 95070-5800 SARATOGA CA 95070-5831 503-23-053 503-24-008 503-24-009 DAVID S JOHNSTON RLJ LLC ROBERT & SHIRLEY CANCELLIERI OR CURRENT OWNER 19510 GLEN UNA DR 14860 CODY LN 20616 BROOKWOOD LN SARATOGA CA 95070-6018 SARATOGA CA 95070-6018 SARATOGA CA 95070-5831 503-24-034 397-30-028 503-24-049,050 TERRY WORDEN S C V W D GEORGE PAYNE 20552 LYNDE CT 5750 ALMADEN EXP 15940 ROCHIN TR SARATOGA CA 95070-5312 SAN JOSE CA 95118 LOS GATOS CA 95032 503-24-057 503-24-051 503-24-054 DOWNEY SAVINGS & LOAN YVES G & ANNETTE CASABONNE TONY A & JULIET JARRAMI ASSOCIATIO PO BOX 247 30 OAK GROVE AVE p0 BOX 6000 EL VERANO CA 95433-0247 LOS GATOS CA 95030-7021 NEWPORT BEACH CA 92658-6000 4-058 ~ 503-24-059 BLOXHAM FAMILY LP XHAM LOUELLA M SULLIVAN OR CURRENT OWNER 4010 MOORPARK AVE 111 20570 CANYON VIEW DR 14415 BIG BASIN WAY SAN JOSE CA 95117-1804 SARATOGA CA 95070-5876 SARATOGA CA 95070-6171 . 503-24-079 503-24-078 DENNIS M CUNNINGHAM 503-24-081 SUSAN K CUNNINGHAM OR CURRENT OWNER JAMES I & ARLENE ROSENFELD PO BOX 2230 14219 OKANOGAN DR CUPERTINO CA 95015-2230 14407 BIG BASIN WAY SARATOGA CA 95070-5549 SARATOGA CA 95070-6080 517-09-017 ELIZABETH KLEAR 20387 THELMA AVE SARATOGA CA 95070-4946 517-09-018, 043, 044 ATOGA LLC 4367 CLEAR VALLEY DR ENCINO CA 91436-3317 517-09-020 ANTHONY J & GEORGIA ELLENIKIOTIS 14451 CHESTER AVE SARATOGA CA 95070-5624 517-09-021 MAHNAZ KHAZEN OR CURRENT OWNER 20490 SARATOGA LOS GATOS RD SARATOGA CA 95070-5911 517-09-063 PETER J & PAT DALTON OR CURRENT OWNER 14467 OAK ST SARATOGA CA 95070-6025 517-09-066 ROBERT K & LISA BUSSE OR CURRENT OWNER 14461 OAK ST SARATOGA CA 95070-6025 517-09-024 DAVID L SORENSEN OR CURRENT OWNER 14493 OAK ST SARATOGA CA 95070-6025 517-09-064 STEVEN L MICHELI OR CURRENT OWNER 14465 OAK ST SARATOGA CA 95070-6025 397-22-018 397-27-001 503-24-076 CITY OF SARATOGA ATTN: SUZANNE THOMAS 13777 FRUITVALE AVENUE SARATOGA CA 95070 517-09-042 JOUNG S & Y KIM 7221 SILVER LODE LN SAN JOSE CA 95120-3356 517-09-065 TED A & PEGGY MCKIBBEN OR CURRENT OWNER 14463 OAK ST SARATOGA CA 95070-6025 • • • Attachment 3 • http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1252208b43+0+0+0&WAISaction=retrieve CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 13530-13540 13530. (a) Nothing in this article applies to price indicators and signs referred to in Article 8 (commencing with Section 13470). However, any numerals designating the price per gallon or liter for a particular brand and grade of motor fuel permitted or required under Article 8 (commencing with Section 13470) shall, unless otherwise stated, be identical in numerical value with the .price per gallon or liter for the same brand and grade of motor fuel permitted or required under this article. (b) Nothing in this chapter requires that the cash or merchandise value of trading stamps be stated on any advertising media which either advertises the stamps or advertises the price of motor fuel. (c) Unless otherwise prohibited, any. person selling motor fuel by the liter shall be authorized to advertise its price by displaying on the advertising medium either the price per liter or the price per gallon. 13531. (a) Every person offering for sale or selling any motor vehicle fuel to the public from any place of business shall display on the premises an advertising medium which complies with the requirements of this article and which advertises the prices of the three major grades of motor vehicle fuel offered for sale. The advertising medium shall be clearly visible from the street or highway adjacent to the premises. When the place of business is situated at an intersection, the advertising medium shall be clearly visible from each street of the intersection. For the purposes of this subdivision, motor vehicle fuel does not 'include propane. (b) The governing body of any city, county, or city and county may, by ordinance, exempt specified geographic areas from the provisions of this section if, pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Title 7 of the Government Code, the areas are designated on the local general plan as scenic corridors or . historic preservation areas. (c) (1) Except as provided in paragraph (2), any person who violates the provisions of subdivision (a) is guilty of an infraction and, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500). (2) Any person who violates the provisions of subdivision (a) and who has been previously convicted two or more times of a violation of subdivision (a) is guilty of a misdemeanor and, upon conviction, is punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both. (d) Notwithstanding Section 13590, the district attorney of each county, or pursuant to Section 41803.5 of the Government Code, the city attorney of any general law city or chartered city within each county, or the county sealer, shall, upon complaint or upon his or her own motion, enforce the provisions of this section and, in addition, may bring an action for injunctive relief in accordance with Section 13611. 13532. (a) It is unlawful for any person to display any advertising medium which indicates the price of motor fuel unless the advertising medium displays all of the following: (1) The price per gallon or liter, including all taxes, in numerals, and fractions when applicable, not less than six inches in `3 ~ nii ~i~nn~ z•z~ via http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1252208643+0+0+0&WAISaction=retrieve height and of uniform size and color. For the purpose of this article, fractions are considered one numeral. (2) The trademark or brand of the motor fuel in letters, figures, or numerals not less than one-third the size of the numerals designating the price. (3) The word "gasoline" or the name of other motor fuel in letters not less than one-third the size of the numerals designating the price, but these words need not be more than four inches in height. (4) The grade designation of the motor fuel in letters or numerals not less than one-sixth the size of the numerals designating the price, but this designation need not be more than four inches in height. (5) If motor fuel prices are advertised by the liter, the word "liter" shall be displayed on the advertising medium in letters not less than one-third the size of the numerals designating the price. (b)(1) It is unlawful for any person to display an advertising medium which advertises a discount or price reduction for motor fuel, unless the advertising medium contains all the following: (A) The price per gallon or liter from which the discount or price reduction is to be taken. (B) The amount of the discount or price reduction in cents per gallon or liter using numerals which do not exceed the height of the numerals in the advertised price. (C) The conditions of the discount or price reduction using words whose letters are not less than one-third the size of the price numerals. (2) Any limitations under which the discount or price reduction is offered shall be explained in words whose letters are not less than one-third the size of the numerals indicating the prices. (3) There shall be available for each customer's reference, a chart showing the amount of discount for each type unit being sold (gallon/liter) or fraction thereof in one cent ($0.01) increments, or the retail dispensers used to dispense fuel .at the discount price shall be set to compute the total sale at the discounted price per gallon or liter and shall be clearly labeled "Includes Cash Discount" in letters not less than one inch in height. (4) For purposes of this subdivision, the motor fuel-shall be sold in the same unit of measure (e.g., gallons or liters) in which the discount and the price from which the discount is taken are advertised. (c) In the event that the same grade of motor fuel is sold at 'different prices from any single place of business, it is unlawful for any person to display any advertising medium which advertises a price of a grade of motor fuel unless the advertising medium advertises in numerals of equal size each of the higher prices, including all taxes for which the grade is sold or offered for sale, and unless the advertising medium explains the conditions, and any limitations, under which that grade is sold or offered for sale at different prices. The words of explanation shall be clearly shown in letters at least one-third the size of the numerals indicating the prices. The different prices at which the same grade of motor fuel is sold or offered for sale shall be advertised in the same unit of measure (either price per gallon or price per liter) as permitted or required by law. (d) Nothing in this section prohibits any person who has posted or displayed a sign or advertising. medium in compliance with this chapter from displaying additional signs or advertising media which state either (1) the amount of discount in cents per gallon or liter, or (2) the price of one or more brands or grades of motor fuel sold or offered for sale, provided the conditions and any limitations of the discount or price of the brand or grade of motor fuel are included in the additional advertising media in letters not less than one-third the size of the numerals indicating the discount or price. • ~f 3 10/17/2006 336 PM http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1252208643+0+0+0&WAISactio~=retrieve 13533. It shall be unlawful for any person to display on or near the premises of any place of business in this state any advertising medium which advertises the price of motor oil offered for sale without conspicuously showing on the same advertising medium the brand of the motor oil and the name of the product. The letters, figures and numerals used to designate the brand and the name of the product shall not be less than one-half the size of the numerals designating the price. 13534. (a) Except as provided by subdivision (b), and subdivisions (b), (c), and (d) of Section 13532, it is unlawful for any person to place any additional advertising matter on any advertising medium referred to in this article except: (1) A description of the products offered for sale in letters or numerals not larger than the price numerals. (2) Methods of sale, such as self-serve or full-serve, in letters not less than~one-third the size of the price numerals. (3) Words describing the type of services offered at the place of business, such as food market, carwash, tune up, and the registered trademark or trade name of the service, but not the price of the service. (b) Subdivision (a) does not apply to electronic changeable message centers when the advertising content includes both the product offered for sale and its price in a single advertising message, or when the product and price components of the advertising message clearly relate to one another and.the price neither starts nor ends the message. 13535. ~If any motor fuel or motor oil is advertised for sale, but not under any brand designation, the words "no brand" shall be used on the advertising medium as a brand designation. 13536. All letters, words, figures, or numerals which are part of the advertising media referred to in this article shall have a heavy type face or stroke, shall be clearly visible, and of a color or tint that will contrast the letters, words, figures, or numerals with the background of the advertising media. The height of the letters, figures, and numerals, except the letter "1" and numeral one, shall not be more than twice the width. 13540. Nothing in this article shall be construed to prohibit the governing body of any city, county, or city and county from enacting ordinances, including, but not limited to, land use and zoning ordinances, which impose restrictions on the advertising medium referred to in this article, so long as any provisions of the ordinances dealing with matters specifically-covered in this article are identical to this article. • 'f 3 10/17/2006 336 PM ~. i• EXISTING GAS PRICE SIGNS View of existing sign from Big Basin View of existing sign from Saratoga- Sunnyvale _x; .f ~y r;E fC sy ~~ y~ Yz ,~nrdly __11 b f t7R~'~.~ - f r / : f ~ 78 I ",'~ Iii. i. -~~•,. ,, ~ 1~" ' ~~ '° ~ "~ -.. , n - r -.. ~... / a View of second gas sign along S aratoga- Sunnyvale • • • • Attachment 5 • NOTE: 1. EXISTING CIRCUIT TO REMAIN AND USED FOR NEW SIGN. 2. PROVIDE A DISCONNECT SNATCH FOR NEW SIGN. PER NEC 600-6. 3. ACCESSIBIIJTY TO BALLAST AND TRANSFORMERS TO BE PROVIDED PER NEC 600-21. 4. 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T '~ C ~' IS t ~ w R i t .11.~~ ' -ea' a F T'tl ~ t '~ t -~ C A S 1~ p .. i ~ O jw[T ~ ~, s • 3r I.. ¢sa ' Q I "~ _'_ ._t i _ 1 i. ~j Cw ~-'wwl•u~-'w i w Y i ' O i '~l --_ ___ t ~ R' I I ~ T d' .e I jjTI , __ ~ ~ m ^ Y~ i F & ~ ^ ~F/RO51 , T pp, 00"C' 'C'. If ~1'~I 1 I I C C:Y ~ •• 11 ': t.~s.{i~.' I l a o i.sw,...--.~. i .~---~w n r i r ~- "III' ~ y/ ~"~~~ ~: ~i t 1 12015 Saratoga -Sunnyvale . / ; v-wJ ;j it ~ r• ~_ al \ E• vR APN: 366-22-023 ~ ~.i //qq /' / , ~ _„ ~.}.c ~'-~ • ' ? .I • _ - u 500'RatlIOS y) ~F-.i ~ l ~ ~t• it ~:;-~ '~, ~~ ~ ~' .e 12015 Saratoga-Sunnyvale Road Application No. 06-21 S; 12015 Saratoga-Sunnyvale Road ~" EXECUTIVE SUMMARY CASE HISTORY: Application filed: 12/19/05 Application complete: 10/03/06 Notice published: 10/11/06 Mailing completed: 10/07/06 Posting completed: 10/19/06 PROJECT DESCRIPTION: The applicant requests approval and a setback variance for one foot, 3 inches, to construct an illuminated free-standing sign at 12015 Saratoga-Sunnyvale Road near Prospect. The proposed sign is approximately 4 feet high and 6 feet wide. It consists of a 42-inch high illuminated section, containing the logos and pricing, which sits atop a 6-inch stone veneer base, designed to match the Gateway entrance. New signs are proposed for the canopy and an existing sign will be removed from the cashier's office. The site is located in the Commercial Neighborhood (CN) zoning district. Sign permit approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-30.060. The applicant seeks a variance to the setback requirements for location and to increase the maximum allowable site sign area and maximum allowable height of letters, numerals, and other figures. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the variance for location and the sign permit, with conditions that the proposed sign be modified to meet all other code requirements concerning the area of the sign and the size of the letters, numerals, and figures. Staff also recommends that the maximum height of the sign be adjusted to three feet. • Application No. 06-21 S; 1201 SSaratoga-Sunnyvale Road STAFF ANALYSIS ZONING: CN (Commercial Neighborhood) GENERAL PLAN DESIGNATION: G (Gateway Landscaping) MEASURE G: Not applicable PARCEL SIZE: Approximately 16,100 square feet AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS: The applicant is proposing adouble-sided illuminated red, white, and blue plastic sign, which is situated on top of astone-veneer base designed to match the Gateway entrance. Canopy, building, and dispenser signs would also be modified to the ConocoPhillips color palette of red, white, blue, and grey. ENVIRONMENTAL DETERMINATION: The proposed new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15311, "Accessory Structures", Class 11 (a) of the Public Resources Code (CEQA). This exemption allows for the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs. • Application No. 06-215; 1201 SSaratoga-Sunnyvale Road PROJECT DATA DATA FOR GASOLINE SIGN PROPOSAL CODE REQUIREMENTS/MAX SIZE OF PRICE NUMERALS: 6 inches 6 inches SIZE OF OTHER LETTERS, FIGURES, OR NUMERALS 28.25 inches (76 logo) 2 inches 6 inches (ConocoPhillips) 2 inches 2 inches (Self Serve Gasoline) 2 inches AREA OF SIGN: 24.3 square feet 10 square feet for a gasoline sign* HEIGHT OF SIGN: 4 feet Staff recommends 3 feet to be comparable with the requirement for fences in the front setback WIDTH OF SIGN: 6 feet, 1 inch N/A SETBACK: 8 feet, 9 inches 10 feet (Applicant is requesting a 1 foot, 3 inch variance) AREA DATA FOR ALL SIGNAGE EXISTING PROPOSAL CODE REQUIltEMENTS GASOLINE PRICE SIGNS CURRENT GAS SIGN: 29 square feet 24.3 square feet 10 square feet (15-30- 170) (The project has been conditioned to meet Code.) IDENTIFICATION SIGNS CANOPY: 40 square feet 14 square feet 30.5 square feet** SECONDARY SIGN: 16 square feet Remove * Gasoline sign area: If the Planning Commission approves sign area in excess of ten feet for a gasoline sign, the excess must be included in the proposed sign area for the site (15-30.170(c)). **Identification sign area: The allowable sign area in the Commercial District is one-quarter square foot for each foot of street frontage: 0.25 * 122 foot frontage along Prospect = 30.5 square feet. Application No. 06-21 S; 1201 SSaratoga-Sunnyvale Road PROJECT DISCUSSION: The a licant is re uestin a variance and si ermit a royal to construct a new Pp q g gn P Pp freestanding sign and to modify building signage. All applications for permits to construct illuminated and freestanding signs shall be acted upon by the Planning Commission. A few years ago, Conoco, Phillips 66, and 76 merged to form ConocoPhillips. The company created a single design using a specific color palette and symbols to represent all three brands nationally. Only the three logos (Conoco, Phillips 66, 76) change from location to location. For this reason, the applicant is updating the signage and colors used at this facility. Variance for Gasoline Price Sign: The proposed double-sided freestanding sign will consist of a stone veneer base, which will support a red, white, and blue acrylic plastic sign displaying the "76" and ConocoPhillips logos, along with the fuel grade prices. The red, white, and blue "76" logo will be surrounded by grey, and the prices will be displayed in white figures on a red background. The sign will be illuminated by internal fluorescent lighting from dusk until closing time. The City shall reserve continuing jurisdiction over any permit for an illuminated sign and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. The California Business and Professions Code, Section 13531, mandates that motor vehicle fuel prices must be clearly visible from the street or highway adjacent to the premises where they are sold. When the place of business is situated at an intersection, the advertising medium shall be clearly visible from each street of the intersection. Section 13532 of the Code specifies the content and size of the words, numbers, and symbols to be included on the sign. This content includes, but is not limited to, the fuel prices, trademark, and grade designation [Attachment 3]. City Code 15-30.170 allows gasoline price signs. to be freestanding if necessary to comply with the State's visibility requirement. The price numerals must not exceed 6 inches in height and. all other letters, figures, or numerals on the sign must not exceed two inches in height, unless otherwise approved by the Planning Commission. The area of the sign shall not exceed ten square feet unless the applicant demonstrates, to the satisfaction of the Planning Commission, that a greater size is needed to contain all of the numerals, words and figures required to be shown on the sign under the applicable provisions of Section 13532 of the State Business and Professions Code. Any area of the sign that exceeds ten feet shall be counted against the overall sign allowance for the site. The existing price sign is 4 feet, 9 inch high by 6 feet, 1 inch wide, exceeding the allowed gasoline sign area by approximately 19 square feet. The proposed sign, with an area of 24.3 square feet, exceeds the 10 square foot area limit by over 14 square feet. City Code restricts the height of freestanding signs to ten feet. Because signs, as structures, are not allowed in the setback, there is no allowed height in the Code to address this situation. However, because the proposed sign is within the front setback, Staff would recommend that the applicant follow the height restriction for fences and walls within the front setback, which is Application No. 06-215; 1201 SSaratoga-Sunnyvale Road a maximum of three feet. Although the proposed sign is smaller in height and area than the existing sign, it still exceeds the allowable amounts. Business and Professions Code, Section 13532, along with City Code 15-30.170, emphasize the visibility of the fuel prices, as opposed to the trademark and other designations. The City limits the height of logos, figures, and other non-numerals to two inches, while requiring that the price numerals be six inches high. The State requires that the logos, figures, and other non-numerals, such as the trademark, be at least one-third the height of the price numerals. The applicant is proposing one logo that is over 28 inches high and another that is 6 inches high. Staff recommends that these logos be reduced to two inches in height. Applicant is requesting variances to increase the maximum allowable height for the letters, numerals, and other figures on the gasoline sign and to increase the maximum sign area allowed on the site. These variances are requested because the signs are produced in standard sizes and colors. Creating and maintaining a customized sign that does not align with company standards will impact costs. An additional variance is requested for the location within -the setback. The current gasoline price sign is located within the front setback in the right-of--way. The applicant has requested approval to replace the sign on the same foundation and in the same location due to visibility issues. The City Public Works Department has granted permission for the sign to be located within the right-of--way. Staff does not support the need for the additional sign area or the additional height of the letters, figures, and non-numerals on the sign. Staff would support the sign if the sign area is reduced to 10 square feet, the height reduced to 3 feet, and the height of the logo and other non-numerals reduced to 2 inches. Identification Sign Modification The proposed plan includes updates to the existing signage on the canopy. The existing canopy signage will be replaced with smaller signage (proposed 14 square feet rather than 40 square feet). This modification, together with the new sign colors, will allow the facility to align with the ConocoPhillips corporate color scheme. A secondary identification sign that is on mounted on the cashier's booth will be removed. Neighbor Review Letters Staff has notified all neighbors within 500 feet of the parcel about the project and received no negative responses. The applicant was advised to submit neighbor notification forms but did not do so. • Application No. 06-21 S; 1201 SSaratoga-Sunnyvale Road DESIGN REVIEW FINDINGS Si n Ordinance g If modified as described above, the proposed project will be consistent with Article 15-30 of the City Code. (a) The sign does comply with the regulations of Article 15-30 and of the commercial district. If the area and "font" size are reduced, the sign will be compliant with City Code. (b) The size, shape, color, illumination, placement and material of the sign are compatible with the visual characteristics of the neighborhood and other lawful signs in the area. The proposed sign meets this finding in that the stone base will complement the entrance to the Gateway. As this is a commercial district, it will be compatible with the numerous signs along Saratoga-Sunnyvale Road. (c) The location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. If modified in size and appearance to comply with Code, the sign will not detract from nearby signs because its proposed location is set back from the street. (d) The location and design of a sign in close proximity to any residential district would not adversely affect the quality or character of such residential area.. The site is surrounded by commercial properties and, therefore, would not impact a residential area. Saratoga-Sunnyvale Road Gateway Design Guidelines The proposed project is consistent with all of the following Saratoga-Sunnyvale Road Gateway Design Guidelines, which were adopted by the Saratoga City Council on November 19, 2003. (a) Signage should be visible but fit appropriately with building architecture. A sign placed in the same location as the existing sign will be visible to passersby and will fit appropriately with the building architecture by reflecting the colors used at the facility and using the stone veneer base to match the nearby Gateway wall. (b) Sign materials should be complimentary and consistent with architectural materials. The colors and materials will match the corporate colors and logos used on the rest of the site. (c) Monument signs are to be placed so that they are visible to passing motorists. The sign will inform pedestrians and passersby of the fuel prices, thereby complying with California Business and Professions Code Section 13531. Application No. 06-215; 1201 SSaratoga-Sunnyvale Road (d) Monument signs shall exhibit horizontal orientation. The proposed sign will exhibit horizontal orientation with a width of 6 feet, 1 inch, and a height of 3 feet. (e) Adequate landscaping will be maintained around the sign. Because the proposed sign is within the City right-of--way, the landscaping will be maintained by the City. Variance to Allow Location within Setback and Right-of-Way The proposed project supports all of the findings required to grant a variance for location within the setback and right-of--way (15-70.060). (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district.. The proposed sign is within both the City right-of--way and the front setback. Signs, as structures, are not allowed within the setback. Because of the location and surroundings of the site, strict enforcement of the setback and right-of--way requirements would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The visibility of the sign has been impacted by the placement of trees and the Gateway wall by the City. If it were to be relocated outside of the setback and right-of--way, it would no longer be visible to passersby and would not comply with Business and Professions code 13531. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. As a gasoline station in the Gateway district, this is a unique site. The City right-of--way now contains the stone wall and some trees, which block visibility of the sign. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Placing the sign in the proposed location, which is identical to the existing location, would not be detrimental to the public health, safety, or welfare, as the location is almost nine feet back from the property line and does not obstruct the pathway. (c) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area. Placing the sign within the setback and right-of--way rather than outside of these areas would not significantly increase the visual impact, due to its size. Variance to Allow Increase in the Allowable Sign Area and Allowable Height of Letters, Numerals, and Other Figures Staff recommends that the sign be modified to comply with the requirements fora maximum of ten square feet iri area and a maximum of 2 inches in height for any letters, Application No. 06-21 S; 1201 SSaratoga-Sunnyvale Road numerals, or figures that are not part of the price. Staff also recommends that the allowable sign height be limited to three feet. This will eliminate the need for the above requested variances. Conclusion If the gasoline sign is modified as described, Staff finds that all the Design Review Approval findings can be made in the affirmative. The sign will conform to all of the standards and requirements of Article 15-30 of the City Code, be consistent with the Gateway Design Guidelines, be compatible with the existing character of the neighborhood,. and not detract from the streetscape and adjacent signs. Staff can support the variance for location within the setback and right-of--way. Staff finds that all the Design Review Approval findings can be made in the affirmative for the changes in signage on the buildings. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve the proposed signage and variance for location with conditions. ATTACIIMENTS: 1. Resolution of Approval with conditions. 2. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 3. California Business and Professions Code (Sections 13531 and 13532). 4. Photos of existing signs. 5. Reduced Plans, Exhibit "A." • • Attachment 1 __ _ ___ • APPROVAL OF RESOLUTION NO. Application No. 06-215 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Graff/RHL Design Group Inc./ConocoPhillips/Tosco Marketing; 12015 Saratoga-Sunnyvale Road WHEREAS, the City of Saratoga Planning Commission has received an application for sign permit approval to construct anew freestanding gasoline price sign, along with modifications to the canopy signage at 12015 Saratoga-Sunnyvale Road at the corner of Prospect Road; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the proposed new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15311, "Accessory Structures", Class 11 (a) of the Public Resources Code (CEQA). This exemption allows for the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs; and WHEREAS, the applicant has met the burden of proof required to support the fmdings for granting said sign permit approval and the following findings specified in City Code Section 15- 30.070: (a) The sign does comply with the regulations of Article 15-30 and of the commercial district. If the area and "font" size are reduced, the sign will be compliant with City Code; and (b) The size, shape, color, illumination, placement and material of the sign are compatible with the visual characteristics of the neighborhood and other lawful signs in the area. The proposed sign meets this finding in that the stone base will complement the entrance to the Gateway. As this is a commercial district, the sign will be compatible with the numerous signs along Saratoga-Sunnyvale Road; and (c) The location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. If modified in size and appearance to comply with Code, the sign will not detract from nearby signs because its proposed location is set back from the street; and (d) The location and design of a sign in close proximity to any residential district would not adversely affect the quality or character of such residential area. The site is surrounded by commercial properties and, therefore, would not impact a residential area. WHEREAS, the applicant has met the burden of proof required to support the Saratoga- Sunnyvale Road Gateway Design Guidelines, adopted by the Saratoga City Council on November 19, 2003: (a) Signage should be visible but fit appropriately with building architecture. A sign placed in the same location as the existing sign will be visible to passersby and will fit appropriately with the building architecture by reflecting the colors used at the facility and using the stone veneer base to match the nearby Gateway wall; and (b) Sign materials should be complimentary and consistent with architectural materials. The colors and materials will match the corporate colors and logos used on the rest of the site; and (c) Monument signs are to be placed so that they are visible to passing motorists. The sign will inform pedestrians and passersby of the fuel prices, thereby complying with California Business and Professions Code Section 13531; and (d) Monument signs shall exhibit horizontal orientation. The proposed sign will exhibit horizontal orientation with a width of 6 feet, 1 inch, and a height of 3 feet; and (e) Adequate landscaping will be maintained around the sign. Because the proposed sign is within the City right-of--way, the landscaping will be maintained by the City. WHEREAS, the applicant has met the burden of proof required to support the findings for granting a variance to allow location within the setback and right-of--way specified in City Code Section 15-70.060: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The proposed sign is within both the Cityright-of- way and the front setback. Signs, as structures, are not allowed within the setback. Because of the location and surroundings of the site, strict enforcement of the setback and right-of- way requirements would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The visibility of the sign has been impacted by the placement of trees and the Gateway wall by the City. If it were to be relocated outside of the setback and right-of--way, it would no longer be visible to .passersby and would not comply with Business and Professions code 13531; and (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. As a gasoline station in the Gateway district, this is a unique site. The City right-of--. way now contains the stone wall and some trees, which block visibility of the sign; and (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Placing the sign in the proposed location, which is identical to the existing location, would not be detrimental to the public health, safety, or welfare, as the location is almost nine feet back from the property line and does not obstruct the pathway; and (cl) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area. Placing the sign within the setback and right-of--way rather than outside of these areas -would not significantly increase the visual impact, due to its size. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for sign approval has been approved and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The sign shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. The height of the structure shall not exceed 3 feet, including the frame and base. 3. The total sign area of the gasoline price sign shall not exceed 10 square feet. 4. The height of non-price numerals, logos, lettering, and other symbols on the price sign shall not exceed 2 inches in height. S. The portable price sign that is currently located on Prospect Road shall be removed. 6. The existing fascia cannot be increased in size. The final schematics showing color and paint are subject to approval of the Community Development Director. 7. The City reserves continuing jurisdiction over this sign permit and may revoke the permit upon any failure by the permittee to comply with any condition set forth in this Resolution. CITY ATTORNEY 8. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A $uilding-P-ermit -must be issued -and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25th day of October 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers, Chair, Planning Commission • ATTEST: John F. Livingstone, AICP, Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, the Property Manager, and the Property Owner or Authorized Agent. Each of the undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent) ~ Date Applicant (RHL Design Group or Authorized Agent) Date __ __ _ __ • • Attachment 2 • 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 25th day of October 2006, at 7:00 p.m. The public hearing will be held in the City Hall theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: #06-215 -12015 Saratoga-Sunnyvale Road APPLICANT: Graff (Conoco Phillips/Tosco Marketing) APN: 366-22-023 DESCRIPTION: The applicant requests approval and a variance to construct an illuminated, 4-foot tall; free standing gasoline price sign. The site is located in the Commercial Historic (CH-1) zoning district. Sign permit approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-30.060. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, October 16, 2006. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Suzanne Thomas Assistant Planner 408-868-1212 _ _ . __ __ • • AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the Ciry of Saratoga Planning Commission on the 6`h clay of October , 2006, that I deposited 132 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the Ciry of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: Address: 12015 Saratoga -Sunnyvale Road APN: 366-22-023 that on said day there was regular communication by United States Mail to the addresses shown above. .~. L...~=1 ~ ~~ Denise Kaspar Advanced Listing Services • October 6, 2006 500' Ownership Listing Prepared for: 366-22-023 Graff 12015 Saratoga-Sunnyvale Road Saratoga CA 95070 366-10-054 BLUE HILLS MEDICAL CENTERS 20555 PROSPECT ROAD CUPERTINO CA 95014 366-10-063 JULIE A SMITH OR CURRENT OWNER 1658 JAMESTOWN DR CUPERTINO CA 0 366-10-066 DA-CHUNG TSEN OR CURRENT OWNER 1632 JAMESTOWN DR CUPERTINO CA 0 366-10-102 JOAQUIN & CAROL RUIZ OR CURRENT OWNER 1641 JAMESTOWN DR CUPERTINO CA 0 366-10-126 LABARBERA TRUST 930 SPRINGFIELD DR CAMPBELL CA 0 366-10-136 SRINATH UNNIKRISHNAN OR CURRENT OWNER 1694 JAMESTOWN DR CUPERTINO CA 0 366-15-043 ROGER W & CHARLENE RAYNAL OR CURRENT OWNER 7420 BARNHART PL CUPERTINO CA 0 366-10-061 366-10-062 LABARBERA FAMILY TRUST GLENN A SERRE 930 SPRINGFIELD DR OR CURRENT OWNER CAMPBELL CA 95008 1670 JAMESTOWN DR CUPERTINO CA 0 366-10-064 366-10-065 CHARLES N & BARBARA SIMMONS A R & CARMELLA SUTTON OR CURRENT OWNER OR CURRENT OWNER 1646 JAMESTOWN DR 1634 JAMESTOWN DR CUPERTINO CA 0 CUPERTINO CA 0 366-10-067 SCHRAMM TRUST OR CURRENT OWNER 1614 JAMESTOWN DR CUPERTINO CA 0 366-10-101 JUDITH RENWALD OR CURRENT OWNER 1625 JAMESTOWN DR CUPERTINO CA 0 366-10-103 PAICHENG & MAY CHUANG OR CURRENT OWNER 1640 POPPY WAY CUPERTINO CA 0 366-10-132,133 DOLLINGER DE ANZA ASSOCS 555 TWIN DOLPHIN DR 600 REDWOOD CITY CA 0 366-15-041 PING CHEN OR CURRENT OWNER 7450 BARNHART PL CUPERTINO CA 0 366-15-044 CHANGMING LIU OR CURRENT OWNER 7409 PROSPECT RD CUPERTINO CA 0 366-10-120 ATAM P SANDHU 6514 CAMDEN AVE SAN JOSE CA 95120 366-10-135 HO GREAT P & YA-JU OR CURRENT OWNER 1682 JAMESTOWN DR CUPERTINO CA 0 366-15-042 PRAMOD A HUNGUND OR CURRENT OWNER 7440 BARNHART PL CUPERTINO CA 0 366-15-045 VIVEK B & MANJARI DUTTA OR CURRENT OWNER 7423 PROSPECT RD CUPERTINO CA 0 • 366-15-046 366-15-047 366-22-001 GEORGE T & VIJAY DILL GREGG JACKSON DAVID A & THERESA MARKLE PO BOX 1419 OR CURRENT OWNER OR CURRENT OWNER CUPERTINO CA 0 7451 PROSPECT RD 20690 RITANNA CT CUPERTINO CA 0 SARATOGA CA 0 366-22-002 366-22=003 366-22-004 YIM PUN SCHWARZ FAMILY TRUST ASHOK & MALINI MADANAHALLI OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER ~4 RITANNA CT 20668 RITANNA CT 20640 RITANNA CT TOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-005 366-22-006 366-22-007 JACK E & JAMS STILES HOWARD H & CAROLE HAENSEL T & C MORGAN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20626 RITANNA CT 20614 RITANNA CT 20612 RITANNA CT SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-008 366-22-009 366-22-010 THOMAS E &i ELFRIEDE AYKROYD HARLAN C & LEONA SNYDER LAWRENCE POTT OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20608 RITANNA CT 20602 RITANNA CT 20607 RITANNA CT SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-011 366-22-012 366-22-013 MARIBETH BENHAM LIANG BOB & NINA JING ZHOU OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20611 RITANNA CT 20613 RITANNA CT 12200 VIA RONCOLE SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-014 366-22-016 366-22-015 CHEO-CHENG F & SHUI-HWEI HSU GLORIA M WOLPERT BILL H & LINDA HUANG OR CURRENT OWNER 167 S PARK ST OR CURRENT OWNER 12186 VIA RONCOLE SAN FRANCISCO CA 0 12138 VIA RONCOLE TOGA CA 0 SARATOGA CA 0 3 -22-017 366-22-018 366-22-019 DALE M & BROOKE ELDREDGE SHRIPAD M & SHAMAL PATKI MIIN H CHEN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12126 VIA RONCOLE 12098 VIA RONCOLE 12050 VIA RONCOLE SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-022 366-22-023 366-22-024 366-35-022 372-20-007,008, DANNA BLUE HILLS LLC BERTO DEVELOPMENT 021, 022 PO BOX 5367 150 BROOKE ACRES DR S C V W D SAN JOSE CA 0 ~ LOS GATOS CA 0 SARATOGA CA 95070 366-22-025 366-22-026 366-22-027 LAWRENCE LAU LIN T CHI SHANKAR SRINIVASAN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12057 JAMESTOWN CT 12063 JAMESTOWN CT 12069 JAMESTOWN CT SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-028 366-22-029 366-22-030 SHAILESH NAIK FRANK C & ELISA LIN TAKASHI YOSHIOKA OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12062 JAMESTOWN CT 12056 JAMESTOWN CT 20570 PROSPECT RD SARATOGA CA 0 SARATOGA CA 0 CUPERTINO CA 0 2-031 366-22-032 366-22-033 I HAJELA PATRICK L & SOMA KENNEDY MAJID & AMIRNAZ NOVID OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12095 SARATOGA VILLA PL 12113 SARATOGA VILLA PL 12143 SARATOGA VILLA PL SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-22-034 366-22-035 366-22-036 - • LINH D NGO SIVAKUMAR MANICKAM RADHAKRISHNAN & USHA SUNDAR OR CURRENT OWNER OR CURRENT OWNER 12128 SARATOGA VILLA PL 12176 SARATOGA VILLA PL 12158 SARATOGA VILLA PL SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-35-001 366-35-002 366-35-003 JAMES R NOWLIN CHANDRAN E CHERIYAN BECKY C LEE OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER, 884 TYNER WAY 20555 OAK CREEK LN 20559 OAK CREEK LN INCLINE VILLAGE NV 89451 SARATOGA CA 0 SARATOGA CA 0 366-35-004 366-35-005 366-35-006 ANITA PALLI BRIAN & KRISTI SACKETT C SALLAN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20563 OAK CREEK LN 20567 OAK CREEK LN 20571 OAK CREEK LN SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-35-007 366-35-008 366-35-009 JEM K LIN JOAN E SILVER VISHWAMBER YELSANGIKAR OR CURRENT OWNER PO BOX 130 OR CURRENT OWNER 20575 OAK CREEK LN LOS ALTOS CA 0 20605 OAK CREEK LN SARATOGA CA 0 SARATOGA CA 0 366-35-010 366-35-011 366-35-012 DAVID A DALTON GREG SMITH WILLIAM A & DEBORAH RAWLINGS OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20609 OAK CREEK LN 20615 OAK CREEK LN 20619 OAK CREEK LN SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-35-013 366-35-014 366-35-015 BYEUNG LEE KENNETH K YAMADA NASSER MAHALLATI OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20584 OAK CREEK LN 20580 OAK CREEK LN 20576 OAK CREEK LN SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 366-35-016 366-35-017 366-35-018 HABBU TRUST HARUHIRO H GOTO CUDDALORE & SATHYABHAMA OR CURRENT OWNER OR CURRENT OWNER SUNDAR 20572 OAK CREEK LN 20568 OAK CREEK LN OR CURRENT OWNER SARATOGA CA 0 SARATOGA CA 0 20564 OAK CREEK LN SARATOGA CA 0 366-35-019, 20, 21 372-20-013 372-20-014 OAK CREEK INVESTMENTS ANNA SO BUFORD TONEY 12241 SARATOGA SUNNYVALE RD 1746 RIDGETREE WAY 566 ADDISON AVE SARATOGA CA 0 SAN JOSE CA 0 PALO ALTO CA 0 372-20-015 372-20-020 .372-20-028 LEE SANG D & UN S YOUNG C & KATHERINE KIM MARINA PLAZA LLC PO BOX 2818 OR CURRENT OWNER 4546 EL CAMINO REAL ALPHARETTA GA 0 20445 PROSPECT RD C LOS ALTOS CA 0 SAN JOSE CA 0 386-01-008 386-01-025 386-01-026 ADD INVESTMENT INC ~ NAJWA S SAAH JF PLAZA PARTNERS L P X61 HILLSBORO AVE 5852 TEXAS CT 50 CALIFORNIA ST 1500 3UNNYVALE CA 0 SAN JOSE CA 0 SAN FRANCISCO CA 0 386-01-027 386-56-001 386-56-002 SARATOGA NATIONAL BANK N A GENE JU EDITH ARD OR CURRENT OWNER OR CURRENT OWNER 7547 DE LA FARGE DR ~0 SARATOGA SUNNYVALE RD 20430 ATRIUM DR CUPERTINO CA 0 TOGA CA 0 SARATOGA CA 0 386-56-003 386-56-004 386-56-005 YOSHINORI & HIROKO MURAKAMI NANDAKUMAR S PALANISWAMY VIKRAM & TANU KOHLI OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20410 ATRIUM DR 12091 ATRIUM DR 12093 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-006 386-56-007 386-56-008 NATARAJAN & SANDHYA JINGBO GAO KIRAN B VITTAL VISWANATAN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12099 ATRIUM DR 12133 ATRIUM DR 12097 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-009 386-56-010 386-56-011 PINGHUA YANG FENWICKE HOLMES PEIJI CHEN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12135 ATRIUM DR 12137 ATRIUM DR 12139 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-013 386-56-014 386-56-012 GE BAO L & LI JING ELLEN YANG SCOTT C REESE OR CURRENT OWNER OR CURRENT OWNER 3129 WOODMONT DR 12143 ATRIUM DR 12147 ATRIUM DR SAN JOSE CA 95118 SARATOGA CA 0 SARATOGA CA 0 386-56-015 386-56-016 386-56-017 CHANGCHUAN A LEE MELANIE R HARRIS RUI LIU OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12149 ATRIUM DR 12151 ATRIUM DR 12153 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-018 386-56-019 386-56-020 ARKADI & REGINA GALICKI LOUIS A RUNFOLA JINBO & JIAJING LI OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12157 ATRIUM DR 12159 ATRIUM DR 12175 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-021 386-56-022 386-56-023 KENNETH M & ELIZABETH ANN M LERONE GNANALAKSHMI VANNINSEGARAM SILVERMAN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20415 KIRKMONT DR 20427 KIRKMONT DR 12179 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-026 386-56-024 386-56-025 LEON D KOWALESKI WALTER N SZE MARGARET M & DONALD DRENTH OR CURRENT OWNER 17255 CANYON DR PO BOX 20852 12198 ATRIUM DR LAKE OSWEGO OR 0 SAN JOSE CA 0 SARATOGA CA 0 6-027 - - - 386-56-028 386-56-029 G LEE CHARLES & ANN BLACKWELL MARLENE C SCHMID OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12196 ATRIUM DR 12192 ATRIUM DR 12190 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-030 386-56-031 386-56-032 CYNTHIA Z UESATO MICHAEL C & SUSANA ZIEGEL INYEOL & HAEYOUNG LEE OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12172 ATRIUM DR 12170 ATRIUM DR 12158 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-033 386-56-035 MEI-LONG KAO 386-56-034 HAIMIN & HONG ZHANG OR CURRENT OWNER GIUSEPPINA DIEHL OR CURRENT OWNER 12156 ATRIUM DR 1532 LOS RIOS DR 12150 ATRIUM DR SARATOGA CA 0 SAN JOSE CA 0 SARATOGA CA 0 386-56-036 386-56-037 386-56-038 CHARLES P & RUTH EGGEN HUBERT B & JANE GRABAU JIAN F XU 12646 PLYMOUTH DR OR CURRENT OWNER OR CURRENT OWNER SARATOGA CA 0 12136 ATRIUM DR 12132 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 386-56-040 386-56-039 DEBRA NISHIMURA 386-56-041 SHU-CHIUNG CHIN OR CURRENT OWNER JOHN W DAVIES PO BOX 2425 12116 ATRIUM DR PO BOX 2039 SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-042 386-56-043 386-56-044 MARY TALLIS SHIRLEY SIPOREN HSUEH CHU OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 12098 ATRIUM DR 12096 ATRIUM DR 12092 ATRIUM DR SARATOGA CA 0 SARATOGA CA 0 SARATOGA CA 0 386-56-045 386-57-022 City of Saratoga KATHARINE J JEN SACHI E & TATSUKO ADACHI Attn: Suzanne Thomas OR CURRENT OWNER 20431 CUNNINGHAM PL 13777 Fruitvale Ave 12090 ATRIUM DR SARATOGA CA 0 " Saratoga CA 95070 SARATOGA CA 0 • „ F• Attachment 3 http://www.leginfo.ca.gov/cgi-bin/waisgate? WAISdocID=1252208643+0+0+0&WAISacrion=retrieve CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 13530-13540 13530. (a) Nothing in this article applies to price indicators and signs referred to in Article 8 (commencing with Section 13470). However, any numerals designating the price per gallon or liter for a particular brand and grade of motor fuel permitted or required under Article 8 (commencing with Section 13470) shall, unless otherwise stated, be identical in numerical value with the price per gallon or liter for the same brand and grade of motor fuel permitted or required under this article. (b) Nothing in this chapter requires that the cash or merchandise value of trading stamps be stated on any advertising media which either advertises the stamps or advertises the price of motor fuel. (c) Unless otherwise prohibited, any person selling motor fuel by the liter shall be authorized to advertise its price by displaying on the advertising medium either the price per liter or the price per gallon. 13531. (a) Every person offering for sale or selling any motor vehicle fuel to the public from any place of business shall display on the premises an advertising medium which complies with the requirements of this article and which advertises the prices of the three major grades of motor vehicle fuel offered for sale. The advertising medium shall be clearly visible from the street or highway adjacent to the premises. When the place of business is situated at an intersection, the advertising medium shall be clearly visible from each street of the intersection. For the purposes of this subdivision, motor vehicle fuel does not include propane. (b) The governing body of any city, county, or city and county may, by ordinance, exempt specified geographic areas from the provisions of this section if, pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Title 7 of the Government Code, the areas are designated on the local general plan as scenic corridors or historic preservation areas. (c) (1) Except as provided in paragraph (2), any person who violates the provisions of subdivision (a) is guilty of an infraction , and, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500). (2) Any person who violates the provisions.of subdivision (a) and who has been previously convicted two or more times of a violation of subdivision (a) is guilty of a misdemeanor and, upon conviction, is punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both. (d) Notwithstanding Section 13590, the district attorney of each county, or pursuant to Section 41803.5 of the Government Code, the city attorney of any general law city or chartered city within each county, or the county sealer, shall, upon complaint or upon his or her own motion, enforce the provisions of this section and, in addition, may bring an action for injunctive relief in accordance with Section 13611. 13532. (a) It is unlawful for any person to display any advertising medium which indicates the price of motor fuel unless the advertising medium displays all of the following: (1) The price per gallon or liter, including all taxes, in numerals, and fractions when applicable, not less than six inches in of 3 10/17/2006 3:36 PM hrip://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1252208643+0+0+0&WAISactionzetrieve height and of uniform size and color. For the purpose of this article, fractions are considered one numeral. (2) The trademark or brand of the motor fuel in letters, figures, or numerals not less than one-third the size of the numerals designating the price. (3) The word "gasoline" or the name of other motor fuel in letters not less than one-third the size of the numerals designating the price, but these words need not be more than four inches in height. (4) The grade designation of the motor fuel in letters or numerals not less than one-sixth the size of the numerals designating the price, but this designation need not be more than four inches in height. (5) If motor fuel prices are advertised by the liter, the word "liter" shall be displayed on the advertising medium in letters not less than one-third the size of the numerals designating the price. (b)(1) It is unlawful for any person to display an advertising medium which advertises a discount or price reduction for motor fuel, unless the advertising medium contains all the following: (A) The price per gallon or liter from which the discount or price reduction is to be taken. (B) The amount of the discount or price reduction in cents per gallon or liter using numerals which do not exceed the height of the numerals in the advertised price. (C) The conditions of the discount or price reduction using words whose letters are not less than one-third the size of the price numerals. (2) Any limitations under which the discount or price reduction is offered shall be explained in words whose letters are not less than one-third the size of the numerals indicating the prices. (3) There shall be available for each customer's reference, a chart showing the amount of discount for each type unit being sold (gallon/liter) or fraction thereof in one cent ($0.01) increments, or the retail dispensers .used to dispense fuel at the discount price shall be set to compute the total sale at the discounted price per gallon or liter and shall be clearly labeled "Includes Cash Discount" in letters not less than one inch in height. (4) For purposes of this subdivision, the ,motor fuel shall be sold in the same unit of measure (e.g., gallons or liters) in which the discount and the price from which the discount is taken are advertised. (c) In the event that the same grade of motor fuel is sold at different prices from any single place of business, it is unlawful for any person to display any advertising medium which advertises a price of a grade of motor fuel unless the advertising medium advertises in numerals of equal size each of the higher prices, including all taxes for which the grade is sold or offered for sale, and unless the advertising medium explains the conditions, and any limitations, under which that grade is sold or offered for sale at different prices. The words of explanation shall be clearly shown in letters at least one-third the size of the numerals indicating the prices. The different prices at which the same grade of motor fuel is sold or offered for sale shall be advertised in the same unit of measure (either price per gallon or price per liter) as permitted or required by law. (d) Nothing in this section prohibits any person who has posted or displayed a sign or advertising medium in compliance with this chapter from displaying additional signs or advertising media which state either (1) the amount of discount in cents per gallon or liter, or (2) the price of one or more brands or grades of motor fuel sold or offered for sale, provided the conditions and any limitations of the discount or price of the brand or grade of motor fuel are _ included in the additional advertising media in letters not less than one-third the size of the numerals indicating the discount or price. ' of 3 10/17/2006 3:36 PM http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1252208643+0+0+0&WAISaction~etrieve 13533. It shall be unlawful for any person to display on or near ' the premises of any place of business in this state any advertising medium which advertises the price of motor oil offered for sale without conspicuously showing on the same advertising medium the brand of the motor oil and the name of the product. The letters, figures and numerals used to designate the brand and the name of the product shall not be less than one-half the size of the numerals designating the price. 13534. (a) Except as provided by subdivision (b), and subdivisions (b), (c), and (d) of Section 13532, it is unlawful for any person to place any additional advertising matter on any advertising medium referred to in this article except: (1) A description of the products offered for sale in letters or numerals not larger than the price numerals. (2) Methods of sale, such as self-serve or full-serve, in letters not less than one-third the size of the price numerals. (3) Words describing the type of services offered at the place of business, such as food market, carwash, tune up, and the registered trademark or trade name of the service, but not the price of the service. (b) Subdivision (a) does not apply to electronic changeable message centers when the advertising content includes both the product offered for sale and its price in a single advertising message, or when the product and price components of the advertising message clearly relate to one another and the price neither starts nor ends the message. 13535. If any motor fuel or motor oil is advertised for sale, but not under any brand designation, the words "no brand" shall be used on the advertising medium as a brand designation. 13536. All letters, words, figures, or numerals which are part of the advertising media .referred to in this article shall have a heavy type face or stroke, shall be clearly visible, and of a color or tint that will contrast the letters, words, figures, or numerals with the background of the advertising media. The height of the letters, figures, and numerals, except the letter "1" and numeral one, shall not be more than twice the width. 13540. Nothing in this article shall be construed to prohibit the governing body of any city, county, or city and county from enacting ordinances, including, but not limited to, land use and zoning ordinances, which impose restrictions on the advertising medium referred to in this article, so long as any provisions of the ordinances dealing with matters specifically covered in this article are identical to this article. • S of 3 10/17/2006 3:36 PM Attachment. 4 EXISTING GAS PRICE SIGNS • Looking north Looking south ,.~ •~ 5 ~ i~Y:ti~ a ~ ~` ~ ., u ~ .~c ~ ~' :~_ __ , ~. ~~ ~-- y r ~'{ .' ~_ a ~, ~;' ~ ha h Y{ /~;~g~ 't' ao~ i • ~~~~ ~ - ~__ ,, ~'~ ,~~7 ~- i Prospect sign not included on plans-as signage. .Will be removed as COA Sign on cashier's booth to be removed • • Attachment 5 • NOTE: 1. EXISTING CIRCUIT TO REMAIN AND USED FOR NEW SIGN. EXISTING ELECTRICAL: 2. PROVIDE A DISCONNECT SNITCH FOR NEW SIGN. PER AMPS ... 14.00 NEC 600-6. CIRCUITS ... (1) 20A 3. ACCESSIBILITY TO BALLAST AND TRANSFORMERS TO VOLTS ... 120 BE PROVIDED PER NEC 600-21. 4. PROVIDE PROPER WIRING PER NEC 600-23. NEw EI cCTR1CAL; 5. U.L.} E1os21 AMPS ... 28 6. FOR FOUNDATION DRAWINGS, BOLT SIZING k SPACING CIRCUITS ... (1) 20A AND CONNECTION DETAILS SEE STRUCTURAL DRAWINGS. _ VOLTS ... 120 8" g~_I- BLUE '76' ON RED 3'-0 1/2' ~ 3'-0 BALL ON GRAY BACKGR ND. SMf Snv~ Regul Gasoline ~ Plus v Gasolln~ jp _I c 'ro ~ Pfemium ~1000F~'II~~1pS 2' TYP. 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Z< ~za ~~~ ~ _~ :~ ~ ~~ ei e Fs~ yt/a CC ~ 4 ~ _. 64'v^w ~ts..~rod~7.~"oNro-{o-wt.,oa°auraclo-tol..~erollrezw-{ol.:~ow b.n~u~:, ;.ogt•. ~l~nF l~-av»F sooz zF ~a7aea-wa [aalla~pboi :wz:u-fmz'zt~o~ul~~d cn~wsn F~wa aornoFmnm\~w+o~c\sWaWzotsoFpa~o9usowo--ormcaFa~\~FSw\o-re-v~~l~v • • ` • ~~~ M t!~ to rrr ~. ~ 3 d d oc a a ~ M r '' d d o 3v3 ~ R5 W .' mp ~~ JI Item 4 • ~~ • REPORT TO THE PLANNING COMMISSION Application No./Location: Applicant/Owner: Staff Planner: Type of Application: Date: APN: Department Head: App # 07-096/ 20200 Hill Avenue Coyote Properties LCC/Vince Borelli (Owner) Suzanne Thomas, Assistant Plannerc~ Modification of Approved Landscape October 25, 2006 517-22-126 John F. Livingstone, AICP ~2 ;~ ~. ~a ~ ~ :~ ~ ~" - ~~ Subject: i ~ •~~<<F ~ ~., ~ . ' ~ " 20200 Hill Avenue ~~a °a; ; s zz -~ ,~ y ti~ • e a a • ~ '= ~ 1~PN: 517-22-126 ~' ~~4 ° ` as .~' ?~`` , ~ f ~ 500' Radius :1 ~ - "+P~ [~ C~ .Ij c v ~ ~ .y~, ~ i ~• . - ! ~ s PCL.1 $[ ~ ~ ~~ ~ i ~ 7A' t ~~~ l.le AC- !~ L17 AC. g ,p Q n R ti xa u.,w - - E _ t..... '_ ~ ~'~ ~~ ~~ ] T9 ('~ D- L my _ r ra _~ ~ H . R .V = y V ACYK .rn. ~ w ~~ ' ~ s . v___... ~ ~ ,,;• ca a ( ~ =: ~ V ;~ e . ~ ~ -fir N . •, °_ u ~ ~ u x. i ..ass a.. ~ i Nr ^. ~ ~ = a ; ~ ~ ~ _ ~ r~~~ , ^r- i e s s to .ur ~ s y s i--~ ~, / 6 i~ 20200 Hill Avenue Application No. 07-096; 20200 Hill Avenue EXECUTIVE SUMMARY CASE HISTORY: Application filed: 09/12/06 Application complete: 10/03/06 Notice published: 10/11/06 Mailing completed: 10/07/06 Posting completed: 10/19/06 PROJECT DESCRIPTION: The applicant requests approval for modification of approved landscape plans for the property at 20200 Hill Avenue. The original conditions of approval have been satisfied and the trees that were removed have been replaced with trees of greater or equal value. The rear of the property consists of an oak forest. The applicant is requesting changes to the proposed landscaping and hndscape with the objective of minimizing the impact on the oak woodland at the rear of the property and creating a more mature appearance at the front and side of the residence. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve this application for Modification of Landscape Plans with required findings and conditions by adopting the attached Resolution. • Application No. 07-096; 20200 Hill Avenue STAFF ANALYSIS ZONING: R-1-40 GENERAL PLAN DESIGNATION: BLVD MEASURE G: Not applicable PARCEL SIZE: Approximately 81,000 square feet (gross); 77,000 square feet (net) AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS: N/A ENVIRONMENTAL DETERMINATION: The proposed new changes are Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15304 (b), "Minor Alterations to Land", Class 3 (e) of the Public Resources Code (CEQA). This exemption allows for new gardening or landscaping. • • - Application No. 07-096; 20200 Hill Avenue PROJECT DATA Impervious Surface Net Lot Size 77,003 sq. ft. Approved Proposed Max Allowed Proposed Building 7,402 sq. ft'. 7,402 sq, ft. Proposed Driveway 6,930 sq. ft. 7,130 sq. ft. Proposed Rear Terrace/Patios 3,093 sq. ft. 3,733 sq. ft. Proposed Gazebo Deck 259 sq. ft. 259 sq. ft. Ornamental Fountains/Pond 144 sq. ft. 0 Gate Utility Shed 36 sq. ft. 36 sq. ft. TOTAL 17,864 sq. ft. 18,560 sq. ft. 26,951 sq. ft. COVERAGE 23.1 % 24.1,% 35% PROJECT DISCUSSION: When this project first went before the Planning Commission, there was discussion about maintaining the rear portion of the property "as an open Oak Forest with natural existing landscaping maintained and not turned into a manicured garden." The original landscape plans included a chain link fence around the side and rear perimeter of the yard that was to be lined with toyons and wax myrtles to provide privacy. After the landscape plans were approved, an adjacent neighbor installed a 6-foot high masonry wall at one side of the property. In lieu of the proposed chain link fence and tree perimeter along the rear and side yards, the applicant has built a 6-foot high masonry wall around the remaining side and rear property lines that matches the neighbor's wall. The original fence was to include two low portions to provide a deer path. Because of concerns over Lyme disease, these openings have been eliminated. ' The applicant would prefer to maintain the rural feel of the oak forest by eliminating much of the hardscape in the rear of the property. Additional trees, pathways, and garden structures, including a pond, waterfall, and rose arbor, were originally included but have now been removed from the plans. The impervious area adjacent to the house, including the driveway and rear patios, has been increased by approximately eight hundred feet. Three- and five-foot high retaining walls have been added near the driveway, directly behind the residence, and behind the gazebo to protect it from run-off. The gates and mailbox have been moved forward toward the street. The Post Office required modification of the mailbox location and the gates were moved so that they would be evenly aligned with the street and be similar to neighboring gates. Application No. 07-096; 20200 Hill Avenue There have also been some changes to the selection of trees planted on the property. The original plan proposed fourteen 15-gallon trees, one 24-inch box, thirty-seven 36-inch box, six 48-inch box, and five 72-inch boxes. At current values, these fifty-eight trees would have a value of $63,100. The applicant has satisfied the Planning Commission resolution condition to plant trees equal in value to $18, 866 to replace trees that were removed, in that they have planted seven deodar cedars and five olives having a value of $110,000. This amount exceeds the replacement value by $91,134, providing trees of much greater value than were originally proposed.. The revised tree plan enhances and helps to protect the natural oak woodland in the rear by minimizing the need for trenching, lighting, and irrigation in that area. Although the number 'of proposed trees for the site has been reduced, they have been replaced by seven 48-inch box and five 72-inch box trees, thereby providing a more open and mature appearance to the front and side of the residence. There have also been minor changes to the quantity, species, and location of the shrubs and flowers, with the objective of creating a natural and more open appearance. Neighbor Review,Letters Staff has notified all neighbors within 500 feet of the parcel about the project and has received no negative responses. The applicant submitted neighbor notification forms from adjacent neighbors and owns the parcel on one side of the subject property (Attachments 2 and 3). General Plan Findings The proposed project is consistent with the General Plan, including the following Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposal will maintain and protect the oak forest at the rear of the property. The large cedar and olive trees planted in the front and side yards provide screening, while providing a mature and natural looking appearance. Land Use Element Policy 5.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. There are no new structures or additions included as part of this proposal. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in MCS 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project will enhance the privacy between neighbors by providing asix-foot wall rather than a cyclone fence. The new cedars and olive trees provide additional screen along the front and side property lines. Application No. 07-096; 20200 Hill Avenue (b) Preserve Natural Landscape. The changes to the proposed landscape help to protect the oak forest by minimizing the irrigation, hardscape, and trenching required in that area. (c) Preserve Native and Heritage Trees. The applicant .has complied with the requirements of the Arborist report and has even improved the health of one oak tree that was recommended for removal due to its condition. Several other oaks on the property have been monitored and successfully managed to sustain or improve vigor. (d) Minimize perception of excessive bulk. Not applicable. (e) Compatible bulk and height. Not applicable. (f) Current grading and erosion control methods. The site drainage and storm retention system is in concurrence with the original civil. drawings. . (g) Design policies and techniques. The proposed project conforms to applicable design policies and techniques in the Residential Design Handbook in terms of using landscaping to enhance privacy as detailed in the findings above. Conclusion Staff finds that all the Design Review Approval findings can be made in the affirmative and that the proposed modifications to landscaping are compatible with the existing character of the neighborhood. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve the application for modification to landscape plans with required findings and conditions by adopting the attached Resolution. ATTACI~'IENTS: 1. Resolution of Approval with conditions. 2. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 3. Letters from neighbors. 4. Nursery estimates and comparison of original and revised landscaping costs 5. Resolution 04-032 6. Previously approved landscape plans 7. Reduced Plans, Exhibit "A." • • • • Attachment 1 • Application No. 07-096; 20200 Hill Avenue RESOLUTION NO. Application No. 06-207 City of Saratoga Planning Commission STATE OF CALIFO1tNIA Coyote Properties LCC, Vince Borelli (Owner); 20200 Hill Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for modification of approved landscape plans at 20200 Hill Avenue; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the proposed new changes are Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15304 (b), "Minor Alterations to Land", Class 3 (e) of the Public Resources Code (CEQA). This exemption allows for new gardening or landscaping; and WHEREAS, the applicant has met the burden of proof required to support the findings for granting said design review approval and the following findings specified in City Code Section 15-45.080: a. Avoid unreasonable interference with views and privacy. The project will enhance the privacy between neighbors by providing asix-foot wall rather than a cyclone fence. The new. cedars and olive trees provide additional screen along the front and side property lines. b. Preserve Natural Landscape. The changes to the proposed landscape help to protect the oak forest by minimizing the irrigation, hardscape, and trenching required in that area. c. Preserve Native and Heritage Trees. The applicant has complied with the requirements of the Arborist report and has even improved the health of one oak tree that was recommended for removal due to its condition. Several other oaks on the property have been monitored and successfully managed to sustain or improve vigor. d. Minimize perception of excessive bulk. Not applicable. e. Compatible bulk and height. Not applicable. f. Current grading and erosion control methods. The site drainage and storm retention system is in concurrence with the original civil drawings. Application No. 07-096; 20200 Hill Avenue g. Design policies and techniques. The proposed project conforms to applicable design policies and techniques in the Residential Design Handbook in terms of using landscaping to enhance privacy as detailed in the findings above. WHEREAS, the proposed project is consistent with the General Plan, including the following Policies: Conservation Element Policy 6.0 =Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposal will maintain and protect the oak forest at the rear of the property. The large cedar and olive trees planted in the front and side yards provide screening, while providing a mature and natural looking appearance. Land Use Element Policy S.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. There are no new structures or additions included as part of this proposal. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for modification to landscape approval has been approved and is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The landscaping, hardscape, and retaining walls shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. All future landscaping, if added, shall be native and drought tolerant species in conformance with the City's xeriscape standards. 3. All original conditions of resolution 04-032 shall apply with the exception of the revised landscape plan. CITY ATTORNEY 4. 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. S Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Application No. 07-096; 20200 Hill Avenue Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 25h day of October by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers, Chair, Planning Commission ATTEST: John F. Livingstone, AICP, Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner (Vince Borelli or Authorized Agent) Date • • Attachment 2 • 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 25th day of October 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: #07-096 - 20200 Hill Avenue APPLICANT: Coyote PropertiesBorelli APN: 517-22-126 DESCRIPTION: The applicant requests approval for modification to approved landscape plans. The site is located in the R-1-40 zoning district. Approval for modification of plans that have been previously approved by the Planning Commission is required pursuant to Saratoga Municipal Code Section 16-OS-035. All interested persons may appear and be-heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, October 16, 2006. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Suzanne Thomas Assistant Planner 408-868-1212 AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the Ciry of Saratoga Planning Commission on the 10th day of October , 2006, that I deposited 42 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 517-22-126 Address: 20200 Hill Avenue that on said day there was regular communication by United States Mail to the addresses shown above. e ise Kaspar Advanced Listing Services • OCTOBER 10, 2006 500' OWNERSHIP LISTING PREPARED FOR: 517-22-126 COYOTE PROPERTIES LLC 20200 HILL AVENUE SARATOGA, CA 95070 517-18-021 JOHN D COUCH OR CURRENT OWNER 15001 MONTALVO RD SARATOGA CA 95070-6326 517-19-081 W R CURRY OR CURRENT OWNER 28000 AUDREY SMITH LN SARATOGA CA 95070-6367 517-20-014 ARING FAMILY 1986 TR AGREEMENT T OR CURRENT OWNER 20080 MENDELSOHN LN SARATOGA CA 95070-6454 517-20-017 DAVID P & DENISE MOYLES PO BOX 3525 SARATOGA CA 95070-1525 517-20-020 CHRISTIAN DR CURRENT OWNER ?0230 BONNIE BRAE WAY SARATOGA CA 95070-5900 i17-20-023 DANIEL P & MERRILY DOORS JR CURRENT OWNER ?0141 BONNIE BRAE WAY 3ARATOGA CA 95070-5903 i17-20-026 CHRISTOPHER W & REGINA fOHNSON 374 KIM ST ~UPERTINO CA 95014-4323 i 17-22-008 :IU FAMILY TRUST ~R CURRENT OWNER !0125 WINN RD >ARATOGA CA 95070-6321 517-19-024 517-19-076 ANNABELLE FREDERICKSON DAVID F & MARGARET ELGART OR CURRENT OWNER OR CURRENT OWNER 20270 CALLS MONTALVO 20301 HILL AVE SARATOGA CA 95070-6001 SARATOGA CA 95070-6329 517-19-086 517-20-013 AJLOUNY BELL 1985 OR CURRENT OWNER 20900 MENDLESOHN LN 28001 AUDREY SMITH LN SARATOGA CA 95070-6454 SARATOGA CA 95070-6367 517-20-015 517-20-016 NORMAN C & ALLISON KLINE MARK WEISLER OR CURRENT OWNER OR CURRENT OWNER 20121 HILL AVE 20161 HILL AVE SARATOGA CA 95070-6310 SARATOGA CA 95070-6310 517-20-018 517-20-019 GENE LITLE NAI-TING HSU OR CURRENT OWNER OR CURRENT OWNER 20261 HILL AVE 14900 MONTALVO RD SARATOGA CA 95070-6352 SARATOGA CA 95070-6328 517-20-021 517-20-022 MAUREEN STURLA LOUIS W & MARY BREITENBACH OR CURRENT OWNER OR CURRENT OWNER 20170 BONNIE BRAE WAY 20130 BONNIE BRAE WAY SARATOGA CA 95070-5954 SARATOGA CA 95070-5954 517-20-024 ~ 517-20-025 NELLO SEVASTOPOULOS STEPHEN & MARGARET JASPER OR CURRENT OWNER OR CURRENT OWNER 20171 BONNIE BRAE WAY 20191 BONNIE BRAE WAY SARATOGA CA 95070-5903 SARATOGA CA 95070-5903 517-20-027 517-22-004 517-22-126 DAVID A KERLEY COYOTE PROPERTIES LLC OR CURRENT OWNER 77 LAS COLINAS 14890 MONTALVO RD SAN JOSE CA 95119 SARATOGA CA 95070-6059 • 517-22-009 517-22-011 HILBERT K & ROSEMARY ALBRECHT ANDREW T YANG OR CURRENT OWNER 10398 SAN FERNANDO AVE 20190 WINK RD CUPERTINO CA 95014-2833 SARATOGA CA 95070-6321 517-22-012 HENRYS & LISA CHANG OR CURRENT OWNER BONNIE BRAE LN TOGA CA 95070-6309 517-22-065 SCOTT GARDNER PO BOX 36290 SAN JOSE CA 95158-6290 517-22-105 DONALD & SHEILA CALL OR CURRENT OWNER 14930 MONTALVO RD SARATOGA~CA 95070-6327 517-22-113 MICHAEL S COOGAN PO BOX 1293 MONROE WA 98272 517-22-118 MARK S SMITH OR CURRENT OWNER 15195 PIEDMONT RD TOGA CA 95070-6452 5 -22-125 ELIYAHOU & BRITT HARARI OR CURRENT OWNER 20238 HILL AVE SARATOGA CA 95070-6351 517-22-047 STANFORD MSHOOR OR CURRENT OWNER 15177 PIEDMONT RD SARATOGA CA 95070-6452 517-22-103 WALTER J & CATHERINE FULDE OR CURRENT OWNER 15164 MONTALVO RD SARATOGA CA 95070-6327 517-22-108 SCATONA INVESTMENTS LLC 409 WASHINGTON ST 201 MONTEREY CA 93940-3054 517-22-114 JAMISON LIVING TRUST OR CURRENT OWNER 20100 HILL AVE SARATOGA CA 95070-6324 517-22-119 WILSON COCHRAN OR CURRENT OWNER 15221 PIEDMONT RD SARATOGA CA 95070-6403 517-22-048 SHEAU-DONG WU OR CURRENT OWNER 20150 BONNIE BRAE LN SARATOGA CA 95070-6330 517-22-104 SYLVIA R & LEONARD METZ 7280 BLUE HILL DR 1 SAN JOSE CA 95129-3624 517-22-109 CARL & MARINA MEYER OR CURRENT OWNER 20252 HILL AVE SARATOGA CA 95070-6351 517-22-116 BANK OF THE WEST OR CURRENT OWNER 15200 MONTALVO RD SARATOGA CA 95070-6327 517-22-120 TIMOTHY K & HUGILL MONTGOMERY OR CURRENT OWNER 15000 BONNIE BRAE LN SARATOGA CA 95070-6309 CITY OF SARATOGA ATTN: SUZANNE THOMAS 13777 FRUITVALE AVENUE SARATOGA CA 95070 Attachment 3 • • Date: ~1- I ' PROJECT ADDRESS: ?,off 1-~ LL ~,~ ~ Applicant Name: ~~'cl ~1~"" LCD OCT 1 8 2006 CITY OF SARATOGA ^r. ~TnTV nr.~r~~ ,., Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express 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. Irrespective of the opinion expressed below, you may reserve the right to amend your. opinion at a later date and communicate it to the City of Saratoga. y 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: ~ n ~ 1 ~ a „ ~, ~~,,J ~ ~ /'1 ~, y ~ e~s Neighbor Address: .~ 2 d Z ~) l-i , l l ./eve n u. e., .5~,. ~.~u 4 ~.. G /~ 95077 Neighbor Phone #: (~j ~ $.) $ ~, `7 -- ~ ? SS Signature: Printed: Neighbor Notification Template for Development Applications i I~ L City of Saratoga Planning Department Neighbor Notification Template for Development Applications ~ i~ ~ ~ ~ ~` Date: ICJ-f ~'"L~~ l5 U PROJECT ADDRESS: 'Z_O'ZSSO 1ail.~- ~~f~- OCT 1 8 Zoos '~' Applicant Name: ~ 1 ~ ~ - C(TY OF SARATOGA -, nT~~TVn~,~,- _. Application Number: The Saratoga Planning Commission requires applicants to work with their neighbors to address issues and concerns regarding development applications prior to the evening of the public hearing on the proposed project. The Planning Commission does not look favorably upon neighbors who fail to voice their concerns and issues when solicited by applicants prior to the public hearing. Staff and the Planning Commission prefer that neighbors take this opportunity to express 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. Irrespective of the opinion expressed below, you may reserve the right to amend your opinion at a later date and communicate it to the City of Saratoga. L~JM si ature below certifies the following: I have reviewed the project plans; I Y ~ 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: ~ C.c ; l \ ~~~1'~~~~-- City of Saratoga Neighbor Phone #: ~ ~ j ~~ ~ Z- Printed: Planning Department • Attachment 4 • Jo n McCune 011StrUCt1011, .t I.C. "Quality service since 1991" Lic. # 640124 • Insured & Bonded 77 Las Colinas Lane San Jose, CA 9511 Tel: (408) 227-270 Fax: (408) 227-2704 Date: January 15, 2006 Date: Customer: Coyote Properties, LLC Address: 20200 Hill Avenue Saratoga, CA 95070 RE: Landscaping proposal for 20200 Hill Avenue Iixigation $ 11,200.00 Lighting $ 8,600.00 Install tub steel fence with stone Icolumns $ 9,800.00 Stone Pedestal for Mailbox $ 2,800.00 Stone veneer on retaining walls $ 8,200.00 Water fall pond . "C" $ 6,800.00 Fountain "B" $ 2,500.00 Rose arbor $ 2,850.00 Per-fab wood bench $ 2,500.00 Plants & trees (see attached bid) $ 24,623.00 Installation of trees/pIants $ 8,200.00 TOTAL $ 93,073.00 *All items per landscaping plans submitted - LI-L6 August 15, 2006 ~,., .,~,~T,3;~ n'YfeO~ ,+.~l~xf.,` a ~a„Fa f ~^ i ~"f ~~ s r't'e 15~F z ~~t~O \ y 1~C~1'-~1~ 'S ~d ~ 5 4~ j~, ~ ~` );4 ,^-ta i!u L t s " r r , J ~ ~1{ ~ix ~a5 Retaining Walls (add'1 740 LF of 8" retaining walUfootings) $ 56,980.00 Lath, color coat & foam $ 33,000.00 Stone columns on exterior good neighbor fence $ 54,800.04 New curb& footing at front of house $ 12,100.00 New asphalt @ curb $ 4,800.00 New trench drain @ curt $ 60,000.00 Additional planters w/ lath, stucco & color $ 32,000.00 Add'1 tube steel fencing @ light wells (code requirement) $ 8,446.00 New mature 20' trees $ 110,000.00 New plants/trees $ 11,800.00 Installation oftrees/plant $ 3,600.00 TOTAL $ 387,526.00 C, • : John McCune Construction, Inc. "Quality servfce since 1991" Lic. # 640124 • Insured & Bonded Date: September 12, 2006 Customer: Coyote Properties, LLC Address: ~ 20200 Hits Avenue Saratoga, CA 95070 Estimate for remaining landscaping at 20200 Hill Avenue Saratoga, CA 95070 per the approved Landscaping RE: plan Lighting $ 2,800.00 Water fall pond $ 2,800.00 Fountain "B" $ 2,500.00 Plants & trees $ 29,623.00 Installation oftrees/plants $ 2,700.00 TOTAL $ 40,423.00 Thank you, John McCune President 77 Las Colinas Lane San Jose, CA 95119 Tel: {408) 227-2700 Fax: (408) 227-2704 • - V .. - _ , - _ .. _ .... . ......, _.... ......, r.~ .. Capitol Wholesale Nursery, Inc. t;ERTIFIliO QUOte - "`" 2938 Everdale Drive CLCA ,.~~ .~N<; ~~ ~ ° ~ , Date ; SJ Estimate fVo. San Jose, CA 95148-3546 ~ I Phone : {408) 239-0589 Fax : (408) 239-0357 a/2enoos 1748 ~iaC~} H.•/}G} E-mail: cwnsales@sbcglobal.nef w/ww.CapitolWholesaleNursery.com ' Customer ;John McCune Construction ~. - Contact/?hone Account # Rep • Project ShiplPick-Up Date ` 408.590.1200 BWO _____~__...___ ---- -~~~- - g~28/2006 Duantity Description Unit Price Total 9 ~ Aesculus caiifornica - 15 ga! 65.45 589.057 i 10°r6 Additional Savings -10.0096 -58.91 1 Acer macrophyllum - 24 box 193,20 193.207 3 Acer palmatum 'Bloodgood' - 36 box 796.33 2,388.997 5 Cercis occiderttalis multi - 15 gaf f 88.40 342.007 10% Additional Savings 1 -10.00°~ -34.20 5 Crataegus phaenophyrum - 36" Box ~ 444.95 2,224.757 14 Lagerstroemia x 'Tuscarora'-standard - 36 box I 480.03 6,440.427 18 (Duercus agrifoiia standard - 36 box 417,15 7,508.707 3 Sequoia sempervirens 'Soquel' - 48" Box 1,030.48 3,091.387 28 ' Abefia g. 'Edward Gottcher' - 05 gar 15.35 ~ 399.107 ! • 10% Additional Savings -10.00% -39.91 ! 9 Abelia grandiflora - 05 gat I 14.35' 129.157 3 Alyogyne huegelii - OS gal 22.75 88.257 6 Camellia japonica 'Nuccia's Pearl' - 15 gal 82.152 492.91 T 10% Additional Savings -10.00% -49.29 6 Dicksonia antarctica - 15 gal 76.572 459.437 10°~6 Additional Savings -10.00% ~ -45.94 J 87 Dieter bicolor- 05 gal ~ ~ 12.25 ~ 820.757; 10% Additional Savings -10.00% -82.08 5 Daphne odors 'Leaucanthe' - 05 gal (This is the largest size currently 31.17 155.857 availat)le) 6 Heterometes arbutifolia - 15 gal 72.00 432.007 • 10°,6 Additional Savings -10.00°6 -43.20 95 Hemerocallis (Evergreen Hybrids) - 05 gal ! 20.90 1,985.507 10% Additional Savings i -10.00°.6 -198.55 CWN -ONE SOURCE, MANY SOLIlT/ONS -DELIVERED! Svbtotaf Estimate based on current availatHtity and market conditions. Pricing valid for 10 days from receipt ~ ___.___ due to variables beyond our control. Albw 5-7 days to complete order in the event chat all material is not on han4. Refumed items may be: sut~ject to a 1556 ra-stocking charge. Any revisions to tAls 581e5 Tax (8.25°~6) quote wilt require a rtew estimate. Subject to the Temts and Conditions of Capitol Wholesale dursery. Irtc. Total . Authorized Signature: ;x'i :~: ~., JUST A FEW Olr OUR _... ..................................._ z~ ~-~. E GRANULAR AND ~~ ~ ~lf~s _ : _ _ _ - --- - ---QUALrf_Y_ PRODUCTS. ___-- _ --_-- - ~- ;SOLUBLE DIEHARD '. ;r, ~ } /~~ CALL YOUR SALES REP FOR ~l~Jj ~~.~~, R ~l IS AVAILABLE FOR: ~ `~ vd/~~a--~ ~ MORE INFO! L i1 t. 1 w~.J• • INSTALLATION ~-~ ~~~ ~''r ; ' MAINTENANCtii 1'tv:amn~r PrJ-r-GNOa+N Ti'RFCRVS Page 1 ROOT INOCUTANTS R~xn• B+Krimo ' TURFGRASS ....E ~.. .... ..~....~ ...~... ...,~~~.. ~ 'T V V / LJJ VJJ ~ ~/ • J .. Capitol Wholesale Nursery, Inc. CER71FlE "~ 2938 Everdale Drive CLCA ~~ aR,w A R O. San Jose, CA 9514$-3546 / Phone : {408) 239-0589 Fax : (408) 239-0357 r G~n+ Br+un~ E-mail : cwnsales@sbcglobal. net Quote .__.._~ Oate SJ Estimate Na. ~ 8/28/2006 1748 www.CapitoiWholesaleNursery.com f ContacUPhone Account ix Rep Project Ship/Pick-Up Date _._. r 408.590.1200 BWO 9/26/2006 Duantity Description j Unit Price Total i 3 `. Hibiscus syriaeus assorted - 15 gal 57.006 171.02T 1 ' Coprosma 'Verde Vista' - 01 gal 4.61 4.81 T 1 ~ Lavandula angustifolia 'Munstead' - 01 gat I 5.30 i 5.30T 1 Liriopt: muscari 'l3ig Blue' - 01 gal 4.60 ~ 4:60T 1 ! Scaevola 'Mauve Clusters' - 01 gal 5.82 ~ 5.82T 1 ~ Santolina virerts - 01 gat 4.50 4.50T i I 1 t I i CWN -ONE SOURCE, MANY SOLUTIONS -DELIVERED! Subtotal $27,365.20 Eslimate based on current availal„city and market conditions. t~ricing valid fot 10 days born receipt due to variables beyond our control, Allow S-T days to complete order in the event that alt material ~ is not on hand, Returned items may be subject to a 1691 re-stocking ctrarg~ Any revisions to this SeleS Tax (8.25°ifo} $2,257.63 quote wilt require a new estimate. Subject to the Terms and Conditions of Capitol Wholesale Nursery, inc. Total $29,s22.s3 ~ Authorized Signature: .~~~'~. ~ JUST A FEW OF OUR ....................................._ ...~ n ~~ GRANULAR AND ~~'']], ~~. AUALlTY PRODUCTS. 1 Ty c SOLU9LE DIEiiARO • j!^'f ~. CALL YOUR SALES REP FOR ~l ~~~j,.:~r~ ; IS AVAILABLE FOR: ' -,~j~f~i~ MORE INFO3 1J 1~ ~ iJ ~~~,~.`~~,,,,~~~, ~ 'INSTALLATION ~~ PRETIIiJAt PEAT-GROwnr TtzeFGRA33 Page 2 ROOT INOCULANTS 'MAINTENANCE RcKrrBnetn~ttcc i ' TURFGRASS .'• ,, r'. • Attachment 5 • ~ ~ • ~~ ~; APPROVAL OF RESOLUTION NO.04-032 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Borelli; 20200 Hill Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for Modification of Building Plans and Development Conditions to change the previously approved new one story house. The minor modifications include changes to the floor plan, height and design. The proposed building footprint and setbacks will remain in approximately the same location. The proposed floor area will remain the same at approximately 7,402 square feet including athree-car garage. The 3,086 square foot basement will also remain the same. The maximum building height of the residence will not exceed 26 feet. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40,000; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the proposed project consisting of construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New- Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: Polity 1,"Minimize Perception of Bulh" The project meets this policy in that the proposed house will have varying roof elements to visually reduce the height and bulk of the structure and break up the elevations of the building. The applicant has proposed a landscape plan that will surround the house with trees that will reduce the visibility of the home from the public and adjacent neighbors. • Policy 2, "Integrate Structures with the Environment" The proposed project meets this policy in that the applicant has chosen a natural stone to accent the front facade with a dark gray slate-roof to blend in with the existing tree canopy. The applicant is also maintaining the numerous Oak trees throughout the site in addition to providing an extensive landscape plan around the property. • Polity 3, "Avoid Interference with Privary" The project will protect the privacy of the adjacent properties by maintaining the existing Oak trees that surround the property in .addition to the providing an extensive landscape plan. The proposed project also provides substantial setbacks from the adjacent neighbors to the side and rear. of the property. • C • Policy 4, "Preserve Views and Access to Views" The proposed house is not in a view corridor and will not have an adverse affect on neighbor's views. The proposed home will be located in approximately the center of the lot surrounded by landscaping and an existing Oak forest in the rear of the property. Policy 5, "Design for Energy Efficiency" The project meets this policy in that the location of the proposed house has not altered the solar access of adjacent properties. The existing mature trees. will provide shade and wind protection. The house will meet the State Energy Guidelines through the use of wall insulation and high-energy efficiency heating and cooling appliances. The design also contains sofitted eves that create additional shade and stone siding that provides thermal mass. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and is consistent with the following General Plan Policies: Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Land Lase Element Policy 5.0 The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed new house is consistent with the above General Plan Policies in that the proposed project will be located in approximately the center of a large lot with over 100 existing trees on the site and the applicant will provide approximately 100 additional trees to the site. The applicant is exceeding all setbacks for the structure that maintaining the rural character of the street and reducing the visual impact of the structure. The design of the structure will be consistent with the rural feel of the neighborhood and `compatible with the adjacent surroundings with its French style windows and doors, slate roof and stone siding. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Vincent Borelli for Design Review approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A° date stamped June 25, 2004, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. • • • • • 2. The following shall be included on the plans submitted to the Building Division for the building and grading permit plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: i. A maximum of one wood-burning fireplace is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burning. ii. The site plan shall be stamped and signed by a Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the Ciry, the RCE or LLS of record shall provide a written certification that all building setbacks are per the approved plans." 3. The final landscape plan submitted during the building permit plan check review will need to meet all of the requirements outlined in Section 15-47 of the City Zoning Ordinance. 4. No retaining wall shall exceed five feet in height: S. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. Any existing fences or walls not meeting the zoning ordinance standards shall be removed prior to the project being final. 6. A storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 7. Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minim~e use of fertilizers and pesticides that can. contribute to water pollution. 8. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions -and prolong exposure to water shall be specified. 9. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscaped area. 10. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of_land use, ecological_consistency and plant interactions to ensure successful establishment. • • 11. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. 12. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. 13. The height of the structure shall not exceed 26-feet as defined in Section 15-06.340 of the City Zoning Code. 14. The applicant shall be responsible in contacting the Ciry Staff to make, arrangements for the Ciry Arborist to be on site during critical construction activities that may impact any protected trees on site as determined by the Community Development Director. 15. The applicant shall work with the Ciry Arborist to take all measures necessary- to ensure the survival of tree #73. 16. The applicant shall record a deed restriction for the secondary dwelling unit that restricts it so that it may only be rented to below market rate households. PUBLIC WORKS 17. The applicant or its designated representative shall apply for and secure a grading permit. 18. The Project Geotechnical Engineer shall review and approve a letter prepared by JF Consulting, Inc., dated December 30, 2002, with subject Supplemental Geotechnical Evaluations, as well as all Geotechnical aspects of the final development plans (i.e., site preparation and' grading, site drainage improvements and design parameters for foundations) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. The Project Geotechnical Engineer shall specifically evaluate the sump and pump system for basement drainage. The results of the Geotechnical Plan Review shall be summarized by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to issuance of a Grading Permit. 19. The Project Engineering Geologist and Project Geotechnical Engineer shall inspect, test (as needed), and approve all Geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundation construction prior to placement of fill, steel and concrete. 20. The results of these inspections and the as-built conditions of the project shall be described by the Project Engineering Geologist and Project Geotechnical Engineer in a ...letter(s) and submitted to the City Engineer for review and approval prior to finalization of the Grading Permit. • • 21. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to project Zone Clearance. 22. The owner (applicant) shall enter into agreement holding the Ciry of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 23. The property owner shall be responsible for drainage improvements and or damage to the existing drainage swale in the public right-of-way as determined by the Public Works Director. CITY ARBORIST 24. All recommendations in the Ciry Arborist's Reports dated January 5, 2004, December 23, 2002, October 10, 2002 and October 11, 2002 shall be followed and incorporated into the plans. This includes, but is not limited to: a. The Arborist Reports shall be incorporated, as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and grading plans. b. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as • recommended by the Arborist with a note `to remain in place throughout construction.` The fencing shall be inspected by staff prior to issuance of a Building Permit. c. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. 25. Prior to issuance of a Building, Grading or Demolition Permit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount recommended by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. 26. Prior to Final Building approval, the City Arborist or Staff shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the bond shall be released. 27. The applicant shall submit one complete set of plans with the Building Permit submittal to be routed to the City Arborist for review of the final landscape; irrigation and grading plan and any special provisions need for the maintenance of tree #73. FIRE PROTECTION DISTRICT ~- -- ~ - -28-The roof covering-shall be fire retardant,-Uniform Building-C-ode-Class "A" prepared or built-up roofing. (Reference Uniform Fire Code Appendix 3, City Code 16-20:210). • • 29. Automatic sprinklers shall be installed in the newly constructed garage (2 heads per stall), workshops, or storage areas, which are not, constructed as habitable space. To insure proper sprinkler operation, the garage shall have a smooth, flat, horizontal ceiling. The designer/architect shall contact the San Jose Water- Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. (City of Saratoga Code 16-15.090[I]). Automaric sprinklers are also required for the residential dwelling (including the square footage of the basement). Documentation of the proposed installation and all calculations shall be submitted to the fire district for approval: A four head calculated sprinkler system is required. A licensed contractor shall install the sprinkler. 30. All driveways shall have a minimum width of 14 feet plus 1-foot shoulders. 31. Slopes form 11% to 15% shall be surfaced using 2.5" of A.C. or better on a 6" aggregate base from a public street to the proposed. dwelling. Slopes from 15% to 17% shall be surfaced using a 4° PCC concrete rough surfaced on a 4" aggregate base from a public, street to the proposed dwelling. 32. Provide an Early Warning Fire Alarm System throughout all portions of the structure, installed per City of Saratoga standards. 33. Provide parking for two emergency vehicles at he proposed dwelling site or as required by the fire District. 34. The width of the security gate shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from the fire department. Details shall be shown on the .plans. CITY ATTOR1vEY 35. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 24 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, Ciry and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • ! • PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 8th day of September 2004 by the following roll call vote: AYES: NAGPAL, RODGERS, SHALLOP, UHL, ZUTSHI NOES: GARAKANI, HUNTER ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secre ry, 1 Wing Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. 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I-"! _.. i '.- r, ... .. ..... 'i.' ~ .4 _ «. fd Y:. . •; ~ .. ~"- :. :..,. ". .: ". .I u... .' - •.... ' .. .... .. ,. • MmmR 00'W a"•e. gwl.l ocl~ .OMO4bu.p~••w• ~a =r wa.ZZ~o g ~~U Z,~ ~ J W. a m • ~' • J • Item 5 REPORT TO THE PLANNING COMMISSION Application No./Location: Type of Application: Owner/Applicant: Staff Planner: Meeting Date: APN: 06-243; 14505 Oak Street Design Review Ratra Shweta Bhatt, Assistant Planner~~! /~'7 October 25, 2006 517-09-026 Department Head: Ld`- John F. Livingston , AICP i- SUBJECT: 14505 Oak Street %~ ~'~ ;~ ~~, APN: 517-09-026 ~ .t. a ~' ., 500' Radius - ....;, _.,~:~ ~,..,i - ~` .~js 3\ ~' ~~ .. .'Y .r ,.. a:Da.' j~ .Y •''' ~.yl •t.. .E ` ~ ~ ~ '~D ~Zi t Lr ~. ~ ? , _ ~~ ~ c: 5FU ~t kp ~ ! ~ 3 y I , e4i ..r . `~• , .t - 7I_ a u.v ~,r :: O - rr tip . 9 '~ . g k K C ' _ x t... o ~ _....._. . _~ ~- + `. cwt _ ~~_~/ ~;rg! I.. .;.~ .~~~' 7 /~P~ t.1 • ~ iTI,Y ~~ 3~t d r~J ~. D S O ~ ji lJ ~ ; i1" 1~ i ~ '~.......~.. LL~ .C r~` .~ wa '~i ! ~ ~~ I t;i ~ I I~ Y 1 H lw.w.c p~~' t .r. r+. r. ni. r _ . 7 7 ~ .~.. r a.. I ~w' V t 1 n '}' ~~' I u t1I( [~ O • ~ C..~,~_~,~t.__ .,. u r r 1tl D ~ •[l C ` ntt . Z ~ y. I ryJyl+~.Y. i ] L ! ~ `f ~: ~ ~ ~ a 14505 Oak Street Application No. 06-243; 14505 Oak Street EXECUTIVE SUMMARY CASE HISTORY: Application filed: 01/30/06 Application complete: 09/26/06 Notice published: 10/11/06 Mailing completed: 10/04/06 Posting completed: 10/19/06 PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a new single-family dwelling on a vacant lot. The existing tri-plex on the property has been demolished. The proposed two-story dwelling unit will consist of approximately 2,872 square feet, including an approximately 433 square foot garage. The height of the structure is proposed at 26.3 feet and is under the 30-foot height limitation. The site is located in the R-M-3,000 zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga City Code Section 15-45.060. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve this design review application by adopting the attached resolution with conditions. • • Application No. 06-243; 14505 Oak Street • STAFF ANALYSIS ZONING: R-M-3,000 GENERAL PLAN DESIGNATION: Residential Multi-Family MEASURE G: Not applicable PARCEL SIZE: 8,200 square feet net and gross SLOPE: 12% average slope GRADING REQUIRED: There will be minimal grading required for this project. ENVIRONMENTAL DETERMINATION: The proposed new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. MATERIALS AND COLORS: The proposed colors and materials consist of yellow and tan siding with wood windows and riverrock accent. Carnage style garage doors are also proposed. A color and materials board will be available at the public hearing. • Application No. 06-243; 14505 Oak Street PROJECT DATA: R-M-3,000 Zonin Pro osed Re uired Site Coverage Residence: 1,847 SF (22.5%) Maximum Front Porch: 112 SF (1.4%) Allowable Covered Rear Deck: 222 SF (2.7%) by Structures = TOTAL Site Covera a 2,181 SF (26.5%) 3,280 SF (40%) Floor Area Maximum Lower Level 1,414 SF Allowable = 2 880 Upper Level 1,025 SF , SF (based on 12% Garage 433 SF slope) TOTAL Floor Area 2,872 SF Setbacks Front: 25 Feet 25 Feet Rear 68 Feet 25 Feet Left Side: 6 Feet 6 Feet Right Side: 7 Feet 1 Inch 6 Feet Upper Left Side: 11 Feet 6 Inches 11 Feet U er Right Side: 14 Feet 3 Inches 11 Feet Height Lowest Elevation Point 78.3 Feet Maximum Height = Highest Elevation Point 84.0 Feet 111.1 Feet (30 Feet) Average Elevation Point 81.1 Feet Proposed Topmost Point 107.4 Feet (26.3 Feet High) PROJECT DISCUSSION: Site Characteristics and Surrounding Neighborhood The subject site is located on Oak Street between Saratoga-Los Gatos Road and Third Street. The rectangular lot is approximately 50 feet wide by 164 feet long, and slopes to the north (rear) and to the east (side). The front portion of the lot consists of minimal landscaping (with the exception of Italian cypress trees), and the rear of the property has several existing ordinance size trees. The applicant applied for and has been granted a permit to demolish the existing two-story tri-plex. The structure has since been demolished and the site is currently vacant. • t The surrounding neighborhood consists of both one and two-story structures, some of which have horizontal siding and front porches. Many of the homes in immediate vicinity of the project are of craftsman architectural style and have elements such as , exposed corbels and/or riverrock accents at porch columns. ~~ ~_J Application No. 06-243; 14505 Oak Street Project Description The applicant is requesting design review approval to construct a new 2,872 square foot two-story home. Living space will comprise about 2,439 square feet (1,414 square feet on the first floor and 1,025 square feet on the second floor) in addition to a garage approximately 433 square feet in size. Front yard landscaping improvements consist of shrubs, ground cover, and trees. The driveway will be comprised of interlocking pavers. The craftsman inspired design has neutral colored horizontal siding complimented by wood windows, a carriage style garage door, and black asphalt shingled roofing. The front facade is accented with a porch enclosed with tapered riverrock columns and exposed corbels that punctuate prominent corners. The two-story portion of the structure begins at the recessed entryway and follows the topography of the site as it slopes down towards the rear. The rear of the structure features balconies on the first and second floor. The site width of the subject property is approximately 50 feet where 100 feet is standard for a lot in the R-M-3,000 zoning designation. Given the substandard width, required first floor side yard setbacks are 6 feet and required second floor side yard setbacks are 11 feet. This code provision allows for a structure that is wider at the base and thus appears lower in height. The current project is a significant redesign compared to the original proposal. In response to staff comment, the applicant has substantially changed the proposal to address concerns regarding consistent architectural design, perceived mass and bulk, and overall appearance. Staff is able to make design review findings for the proposed project, particularly given that the proposal is well-designed and fits in well with the surrounding neighborhood. There are several historic homes in the vicinity of the project and staff finds the craftsman style home to be compatible with the area. Furthermore, the higher portions of the structure are recessed towards the rear of the structure and therefore reduce the overall perceived mass and bulk from the street. Neighbor Review The applicant has notified neighbors within close vicinity of the project, for which the notification letters have been attached to this staff report. All notification letters are in support of the project. Staff has not received any additional feedback at the time of writing of this staff report. Trees The arborist has inventoried a total of 8 trees for this project, which include 2 acacia trees, 1 pine tree, 2 Italian cypress, and 3 redwoods. Before pulling the demolition permit for the tri-plex on the parcel, the applicant had verbally indicated that one of the acacia trees (identified as tree #1 in the arborist report) was proposed for removal. This tree has been removed during the demolition process. A condition of approval requiring Application No. 06-243; 14505 Oak Street replacement tree(s) to be shown on the final landscaping plan has been added. The applicant has posted the required tree bond. Geotechnical Clearance No geotechnical clearance was required for this project. General Plan Findings The proposed project is consistent with the following General Plan Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by , carefully considering the visual impact of new development. The proposal fits in well with the surrounding neighborhood in that it is of craftsman style, maintains a consistent architectural theme, and is well designed with high quality materials. There are several historic homes in the vicinity of the project and staff finds that the design of the structure is compatible with that of the neighborhood. Land Use Element Policy 5.0;-The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. The proposal fits in with the overall character of the neighborhood and improves the appearance of the site. Desi n Review Findings g The proposed project is consistent with all the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project site is located between a single story structure to the west and atwo-story structure to the east. The site currently has a row of tall Italian cypress trees on the side where the single story structure exists. These trees will be retained and will provide substantial screening between the existing single story home and the proposed two-story structure. The applicant has spoken to neighbors within the vicinity of the project and has not received any negative feedback. (b) Preserve Natural Landscape. The existing site was developed with a multi- family building and consisted of minimal landscaping. The applicant proposes minimal grading to accommodate the project. (c) Preserve Native and Heritage Trees. Tree. protective measures, such as tree fencing and a tree bond are required for this project. An acacia tree (identified as , tree #1 in the arborist report) has been removed, but replacement trees equal to its value will be required as a condition of approval. Application 1Vo. 06-243; 14505 Oak Street (d) Minimize perception of excessive bulk. The proposed design provides adequate building articulation. Additionally, exterior materials such as horizontal siding and heavier elements such as riverrock assist to draw attention to the lower portions of the structure and reduce the overall perceived mass and bulk. Architectural accents such as exposed corbels soften the appearance. (e) Compatible bulk and height. The maximum height in the R-M-3,000 zoning district is 30 feet. The structure is proposed at 26.3 feet tall, which is approximately 4 feet lower than the maximum allowed in the district. The taller ~ elements of the structure are recessed further from the street, providing both relief and architectural interest to the front facade. The structure steps down with the falling slope of the property towards the rear of the parcel. A two-story structure currently exists to the east of the property and is of similar height and bulk to the proposed structure. (fJ Current grading a~:d erosion control methods. The proposal would conform to the City's current grading and erosion control methods. The applicant is required to maintain stormwater on site, where feasible. (g) Design policies and techniques. The proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. Conclusion Staff finds that the Design Review findings can be made in the affirmative. STAFF RECOMMENDATION: Staff recommends ,that the Planning Commission approve design review application 06- 243 with conditions by adopting the attached resolution. ATTACHMENTS: 1. Resolution of Approval for Design Review. 2. Project Photographs. 3. Arborist Report, dated March 17, 2006. 4. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 5. Neighbor review letters. 6. Reduced Plans, Exhibit "A." r~ .., .. • Attachment 1 • APPROVAL OF RESOLUTION NO.07- Application No. 06-243 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Ratra; 14505 Oak Street WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a new two story 2,872 square foot home. The new home will be less than 30 feet in height and will be situated on an 8,200 square foot lot on Oak Street. The lot is situated in the R-M-3,000 zoning district; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to construct a new single family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This Class 3 exemption applies to construction of a single family home in an urbanized area; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in City Code Section 15-45.080 and the City's Residential Design Handbook have been determined: NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The proposal fits in well with the surrounding neighborhood in that it is of craftsman style, maintains a consistent architectural theme, and is well designed with high quality materials. There are several historic homes in the vicinity of the project and staff finds that the design of the structure is compatible with that of the neighborhood. Land Use Element Policy 5.0 -The City shall'use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. The proposal fits in with the overall character of the neighborhood and improves the appearance of the site. (a) Avoid unreasonable interference with views and privacy. The project site is located between a single story structure to the west and atwo-story structure to the east. The site currently has a row of tall Italian cypress trees on the side where the Application No. 06-243; 14505 Oak Street single story structure exists. These trees will be retained and will provide substantial screening between the existing single story home and the proposed two-story structure. The applicant has spoken to neighbors within the vicinity of the project and has not received any negative feedback. (b) Preserve Natural Landscape. The existing site was developed with a multi- family building and consisted of minimal landscaping. The applicant proposes minimal grading to accommodate the project. (c) Preserve Native and Heritage Trees. Tree protective measures, such as tree fencing and a tree bond are required for this project. An acacia tree (identified as tree #1 in the arborist report) has been removed, but replacement trees equal to its value will be required as a condition of approval. (d) Minimize perception of excessive bulk. The proposed design provides adequate building articulation. Additionally, exterior materials such as horizontal siding and heavier elements such as riverrock assist to draw attention to the lower portions of the structure and reduce the overall' perceived mass and bulk. Architectural accents such as exposed corbels soften the appearance. (e) Compatible bulk and height. The maximum height in the R-M-3,000 zoning district is 30 feet. The structure is proposed at 26.3 feet tall, which is approximately 4 feet lower than the maximum allowed in the district. The taller elements of the structure are recessed further from the street, providing both relief and architectural interest to the front facade. The structure steps down with the ' falling slope of the property towards the rear of the parcel. A two-story structure currently exists to the east of the property and is of similar height and bulk to the ' proposed structure. (f) Current grading and erosion control methods. The proposal would conform to the City's can ent grading and erosion control methods. The applicant is required to maintain stormwater on site, where feasible. (g) Design policies and techniques. The proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. Section 1. After careful consideration of the site plan, architectural drawings, plans and ', other exhibits submitted in .connection with this matter, application. number 06-243 for Design Review Approval is hereby granted subject to the following conditions: • Application No. 06-243; 14505 Oak Street COMMUNITY DEVELOPMENT 1. The proposed home shall be constructed as shown on Exhibit "A" incorporated by reference. 2. Four sets of complete construction plans incorporating this Resolution and the Arborist Report dated March 17, 2006 shall be included on the plans submitted to the Building Division for permit plan check review. The site plan included in these sets shall show any trees planned for removal or trees that have already been removed. Additionally, the bay window shown in the kitchen area on floor plans shall be reflected as such on elevation drawings. 3. Final landscape, irrigation and utility plans shall be incorporated into the construction plan set and shall take into account the following requirements: • Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. • Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. • Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. • Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. • Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. • A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. • Replacement trees required as mitigation for removed trees shall be shown on the final landscaping plans. 4. Front yard landscaping shall be installed prior to final occupancy inspection. • Application No. 06-243; 14505 Oak Street 5. Any changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. No downgrading in the exterior appearance of the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 6. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 7. A storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. 8. The applicant shall revise grading and drainage plans to show that water and/or runoff from the project site is not directed toward the adjacent properties. 9. All processing fees, in the form of deposit accounts on file with the community , development department, shall be reconciled with a minimum $500 surplus balance at all times. In the event that the balance is less than $500, all staff work on the project shall cease until the balance is restored to a minimum of $500. CITY ARBORIST 10. All recommendations contained in the City Arborist Report dated March 17, 2006 shall be followed. 11. Tree protective measures, as specified by the City Arborist, shall be installed and '' inspected by staff prior to issuance of City Permits. 12. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $57,300 to guarantee the maintenance and preservation of trees. 13. The City Arborist shall inspect the site to verify compliance with tree protective .measures. The bond shall be released after the planting of required replacement trees, a favorable site inspection by the City Arborist, and payment of any , outstanding Arborist fees. Application No. 06-243; 14505 Oak Street FIRE DEPARTMENT 14. The applicant shall comply with all Fire Department conditions as outlined in attached memorandum. CITY ATTORNEY 15. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must commence within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on the 25th day of October 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 Application No. 06-243; 14505 Oak Street i This permit is hereby accepted upon the express terms and conditions hereof, and shall have '~ no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • • SARATOGA FIRE DISTRICT COUNTY OF SANTA CLARA 14380 SARATOGA AV. SARATOGA, CALIFORNIA 95070 ~ ~` ~ ~ ~ U Telephone:408-867-9001 Fax:408-867-2780 ww«•.saratoasafire.or~ U ~~uh 0 ~ 2006 PLAN CHECK REVIEW TRANSNIITTAL FOR PLANNING DEPARTMENT CfTY OF SARATOGA FILE #: 06-243 - °~a9~N~TV -~~u~~~~^~ ~-- DATE: February 2, 2006 # OF LOTS: One APPLICANT: Ratra LOCATION: 14505 Oak Street PROJECT: new 2,800 sq ft dwelling. 1. Property is located in a designated hazazdous fire azea. 2. Early Warning Fire Alarm System shall be installed and maintained. The alarm contractor shall submit three (3) copies of working drawings to the fire district for review and approval. The alarm system must be installed by a licensed contractor. The fire district must issue a permit prior to the installation of the EWAS system (City of Saratoga Code 16-60). 3. Automatic sprinklers shall be installed for the new 2,800 sq. ft. dwelling including any garage, workshop, storage areas and basement. An NFPA 13D sprinkler system is required (see S&R SP-1 for requirements). The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. The suppression contractor shall submit three (3) copies of working drawings and calculations to Sazatoga Fire District for approval. The sprinkler system and underground water supply must be installed by a licensed contractor (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures X500 sq ft). 4. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible-from the street or road fronting the property (CFC 901.4.4}. APPROVED: HAL NETTER PLAN CHECKER: HAL NETTER oak st 14505 • Attachment 2 __ __ • • • ~~ ~ ~-_ ~ ~ A ~ ~ ~ O r~ "' ~ vo o. ~ ~, ~~ ~~ co w ;~ i 4y8 i ,. r ~~1- y ~' ~ ~ y~ ~ ~~ ~ 1 ~ t`~' V ~ ~~ ~ ,. \ ` ~ f ~ ~ ' ,. ~ ` ~ ', '\ ~~~ I ~ ~~..~, ~1` ~~ ~ Ii }.. ,~~~~ ~ ~ ~ ) . 1 ,~: ~ ~~ ~ _. 1 ~_ ~~ `. ~ ~~ `_ ` ~` ~,: ~~ -- ~ ~ ` .~ V f` -L ~, f C~~ ~~ ~ f ?; t w, i ;; } v~,,,{{ L 3 } f 3 u + 1 ~~..~-:~._~ ~f1 ~ 4;._ v~. ~~~ ~ h ~ $, i ^'. .~' •`a~. __ _. R ~~~ ^;W~'~.. `fit`- "n } ~_~I ~~,~~ ~. =3 ~~-~ .~ ~ ": ~ ~ ~~3;~x 1 ~-, _ ~~~ :~~" ~* ~~ ~~ ~~ ~` •~ .; .~ `till l I ~ ~ ~ ~ O N . N ~ y'i V] W ~ • ~ ss .~ ~ ~ „~` s], ie` .+~L y~~ r ~ ~ ~ ~ ' a s3"> '~ `' it }~° r ~ ~.` q ~ ~ x ,~rt;~~ ~~~ .s> :i#F.:;.~'...~ ~+ ~.,~ . i ..~^ C ~ e .~" :~ ((. 4'if r. ~ ,. ~,. ,~~ J RCS 4 ~~ ~ _ ;~' 1.i ~~ , _ r ? y t ~;... ~ ( j_ ~ ~ ~~ ~ CS~ t ; ': r1 hd3. ~C ~ ~'F~7•-~'. . r, ro 0 ~' ~ -' z A ,a ~ ~ ~ ~ vo o ~ ~ 0 O ~ a w :~ P~ 3 ~I k ~~ ~~ ;j r; -~ r+; . . IY~~,I ~l r; ,: ,; `~' i _ c ~ ~'. i~,,1 '~~'Y t'ir ,~ri~~ . ~ ~ h 1 ~j +N° !~~ ~,~.~Ur7h L ' ~f ~~i ~~y' ~ ~~ 4~ ~~ " ~h YL~ ~.. J } ~r ~ "/ ~ ~ I `Ioi ~ ~ ~ h~ ~ N ~ rC :l ' 4. . e. .t 1 1:' ~ ~ Ft s ~ "i ~!!~lrr ~; 5W ~ 4 t ,~~ r .r ,4% i H 'J ,~ I ` ~. ~ ~ I ~ ,~4 l F ~ . 'a ~ ~~ 4 ''~ '"~ i 1 M ~4 ~ ~ u ,, r ~:~ ~~ A k: ~- ,~~: ~~ ,' ~ ~~~~~ k~ «' 4+a~~5 `T l ~ 'J 3.,'. y,."C?~~ --. .. ,, ~'.9 ~~!!''~~, _ ~~ ~ -~ ~`.., a" _; "z ~,.~ , s y ~. ` ~ • b i ~ ~ A z ,o ~. ~ o0 o ~, ~ ~ ~ o - - N ., a w '° • Attachment 3 14505 Oak Street Application,..#; 06-243:. - ARBORI$TREPORT. - 1Vlarch ~7„2006 APIA 5.17-09-026. Prepared by Kate $ear /' Owner: Rick Ratra ~ , ISA Certified Arborist ~ 2250A Introduction The property owner of 14505 Oak Street has submitted plans to-gear down the existing triplex and wild a new two-story single family residence on the property. , The plans reviewed fog this report include the Site Plan, dated i2/23f05 by Ingram:St~ctural Engineers, .the Topographical'Survey, dated 3/2/06 by Lee Engineers, the Landscape Concept plan dated 2/i/06, and a Grading and Drainage .plan dated 3/8/06 by Lee Eng%neers. Individual sheets in the plan set were not; all ,given numbers and the Landscape Plan did not identify the preparer. . )FYndings There are a total of 8 trees on this ro and the nei bor's ro that are rotected=a - P _P~'h' ~ . P PAY P ccordptg~o City Ordinance 15.-50 and maybe. exposed to varying impacts during construction. Specific da#a for each tree is in the attached table at the end:of this reporE. 'I`he stairs to the deck are extremely-close to Acacia t#1, within 2 feet ofthe tree's trunk as measured on the drawirzg..The :stairs should be relocated to the other side of the, building, -where they will not impact the tree. However, if the tree is :scheduled for removal, as indicated ver~aliy by the owner, it should be , shown as such on the plans. if this tree is removed as park of the prod ect, ~mitigatinn for its ~emo~al wig . _..._._____._-req~iire~repla, ear-ees~ch-bow-~si~-~ene`~-o?Pe~'°~A~oept-sp~~i~s--`_____..___. _..__ include Italian cypress, coast live oak, blue oak, flowering plum or crake myrtle. ~' The Crrading and Drainage plan shows a drain line going directly through Acacia:#1. This line should be .moved closer to the fence and outside of the. drip line of the tree. Again, if this tree is scheduled to be. removed, it should be indicated on the plans. Per City Ordinance 15-50.080; a bond amount of $57,300, which is equal #0 100% of the total appraised value of the trees, has been set for this project. Appraisal values are calcuiat~ed according to the Gude,~or .Plant Appraisal, 9`h Edition, published by the.International Society.ofArboricuiture {ISA), 2004. Design Requirements i. This report_shall be incorporated into the set of final building plans and be titled Sheet T-1 {Tree Protective Measures). Additional) the Site Plan should show the location of rotective fencin as Y p ~ identified on the attached map. Page 1 of 2 .. { ; n ~ ~ ~. . .. 2. Trenching for irrigation, lighting, drainage or any other aspect of the project must remain outside of the trees' canopies. , If irrigation or electrical lines for lighting are. designed inside drip lines of the trees' canopies, they can be placed on top of existing soil grade and. covered with wood chips or other mulch. . 3. Design irrigation so that it does not spray #runks of trees: i. 4. Stones, mulch or other landscape features must be at least one foot from the trunks. of retained .' trees:and 6 inches from the trunks of new trees. . • 5: Tilling or stripping of the topsoil beneath the trees' canopies is riot allowed, including for weed control. 6. Bender board or other edging material proposed beneath the trees' canopies should be established on top of existing-soil grade (such as by using stakes). Tree Protection Measures 1. Tree protective fencing. shall be installed as shown on the attached map and established prior to demolition or the arrival of construction materials on site. It shall be comprised of six-foot higli chain link fencing mounted on eight-foot tall, two-inch diameter galvanized posts; driven 24 inches into the ground and spaced no more than 1 Q feet; apart. Once established, the fencing must remain undisturbed and t?e maintained throughout the construction process until final inspection. 2. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is .removed). These activities include, but are not necessarily limited to, the'following: demolition, grading,.trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipmendvehicle operation and parking. 3. Any approved grading or trenching beneath the trees' canopies shad be inanuaiy performed using shovels. 4. Any pruning of trees on site must be performed, under the supervision of an ISA Certified Arborist or ISA~Certified Tree.Worker and according to ISA standards.' I~To more than 25% of any tree. may be removed without a permit. • 5. The stockpiling of materials or disposal of harmful products (succh as chemicals, oil and .gasoline) is prohibited beneath tree canopies or anywhere on site that allows drainage beneath tree canopies. Additionally, fuel shall not be stored nor shall any refueling or maintenance of equipment occur within 20 feet of any tree.,, 6. Herbicides shall not be applied beneath the tree canopies. Where used on site, they must be . labeled for safe use near trees. Attachments: Tree Inventory Table Map Showing Tree I:,ocations Page 2 of 2 { ~ I i GL w y \ C ~ y vi L1r ~ ~ 0 ., ~i QQ 3 U ~ G ° w ~ p,, °~,' a' ~ '~ ~' ~~ ~ ~~ ~ ~ o~ ~.~ a a . ~ //~~~ w i~l ' {~ b V ~ C I~ ~ ~ ~ ~ II F" . p V ti ~ y~+ o N . ~ ,~ ,~ ~y~ ~ ~ ~ 3 0 ~ ~ C 'b V ~ W • TREE ~ i.r b ~ ,~. ~ ~ y ~ ~ y ~. a~ ~ . ~ µy ~ II . U '~ ~ c ~ ~ c ~ a NO.. TREE NAME ~ a E-~ C7 . w ~ ~ . x °' ~ ~ ~ ~ . ~n ~ .~ ~ ~ A ,~ a Q Acacia 1 Acacia melano lon 20.5 25 50 15 ood moderate - 2 $4,300 Acacia 2 Acacia melano lon 15.5 20 50 15 ood .moderate 3 $2,400 Pine 15.5, 3 Pinus inaster 10.5, 9 15 75 25 ood moderate 2 ~ $6,200 Redwood 4 Se uoia sem ervirens 18.5 25 75 75 ood hi h 4 X $8,000 Redwood 5 Se uoia sem ervirens. 16 25 75 75 ood. hi h 4 X $6,000 Redwood 6 Se uoia sem ervirens 20.5 30 75 75 ood hi h 4 X $9,700 Italian .cypress 7 Cu ressus sem ervirens 13.5 5 75 75 ood hi 2 $7,000 . Italian cypress 8 Cu ressus sem ervirens 16 7 75. 75 ood hi 2 $9,700 Total Appraised Value Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 Should any tree listed above become damaged owner,will be required to repair the damage. Should any tree listed above be removed owner will be required to replace that tree with trees equal in value to its assessed value. 553,300 Address: March 17, 2006 14505 Oak Street _ _ w_y~ . ,. .2 - - - - - _._......._...'a....... CP. w >,_ _ .. rau sac .~0 1 / pel I - ~~ ~ RY 75A0 /~lv (~ I ~ .. ~,7z - ; =; ;: ~ ~ ; ....., 801 71.00 ® 5611NO - ° ~~ ~_ I ~ ~ - _ ~-'+CLO 2 ROPE ,~,i ~ ~_ --- z I 1 ; .~ '~WP 72.80 z -- ~ ~I I \ ~r.~ "` I I ~~ I I ~ ~ W !I_. ...... ~ I ,~ i (ter OI ~ 1., I~ I ~`. I ~^_~~~ al.~ ~ ~ ~ . I ~ '; I. r,.~, w --~' ~ I ~ H ~ ~ ~ I o`li F>~ 7i.50 `.`%T. ~4 I =) t.. I • 1 4\ ,~1 I .; I ~ I..,. , ~I nao . 76.50 i. .:.. ~ . .:..: 76.~ j J I I FF EL 8T.50 I FF EE B2.SD I~ I ~ I I - i _i6u 1a50 /- I I ~: 9d 75.18 I {1~.:.::.~ .. . . . - ~qyp,~ I I.....i ' I 1 ,~ :r i+~ 75.00 ~ I ~ ,'25 --°-.__ __ ce __ . Dar 72.00 :: _ r ' i ! .., ~ ff EL 82.50 1 ~ Z ~ i:_. ~ ~.~. I , I I 9 .... :~ I ~1; I _.. - __ m ~ . ~ / 80.50 _. ~.:; . • _ i° ' 15T R ;8J.50 '~ _._~ I ~.. j' a }~ ' v I t:. ~ R ~' ~- -I~ - i e~ I ;je;;:~ -. ~ b so I ~~ 1 Z ~"•~ 85A0 ~ ;81~...i. _ __ Q~ ~ 61.85 ~ ~wueBlgOi ~_ B 50 , ~ 9H BD.70: I • R ~I f [~ 3n ~'' °C~ i ~) .~- C ~ 00~ .~~. I py 87.18 ~~ I ,86.18 _ ~ GD¢tir. ,_ _ . ... . -.- tsdf--: - I - --..~ --- - ~--- ~ ~ ~~ ~ -- - ,_.,.. , ~xl , .... I ~ .I ilz~::.:k..: `.. `84.95' I I _ ,; c~2~1r,~ , .; ~ ~, f ~: a 65.ao 3 I ~""~I , --~N) 2NDa OOR. L~VEI, " I I ~ I i ~ 1 ~ I C7 e~' ~` I , C Attachment 4 • • 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 4th day of October , 2006, that I deposited 80 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: Address: 14505 Oak APN: 517-09-026 that on said day there was regular communication by United States Mail to the addresses shown above. ,, ~ ` ~~ t~~~ 'tea 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 25t" day of October, 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 ~v~vlv.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: DR06-243 / 14505 Oak Street APPLICANT/OWNER: Ratra APN: 517-09-026 DESCRIPTION: The applicant requests Design Review approval to construct a new two-story single-family dwelling. The dwelling will consist of approximately 2,872 square feet, including a garage approximately 433 square feet in size. The height of the structure will not exceed the 30-foot height limitation. The site is located in the R-M-3,000 zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-45.060. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, October 16, 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 infonnation as possible concerning this project. Shweta Bhatt Assistant Planner (408) 868-1266 OCTOBER 3, 2006 ~OVVNERSHIP LISTING PARED FOR: 517-09-026 RICKY & RUBINA RATRA 14505 OAK ST SARATOGA CA 95070-6187 397-22-002 397-22-011 KRIS A & CAROL SOWOLLA FLORA M COX 219 JACKSON ST 1146 TELFER AVE LOS GATOS CA 95030-7119 SAN JOSE CA 95125-3346 397-22-018 503-24-018, 503-24-036, 047, 074, 076 397-22-044, 068 517-09-078 Si7-10-012,013 SARATOGA CITY OF SARATOGA FEDERATED CHURCH 13777 FRUITVALE AVE 14370 SARATOGA AVE SARATOGA CA 95070 SARATOGA CA 95070-5953 397-22-069 503-24-008 SARATOGA FIRE DIST OF SC COUNTY RLJ LLC OR CURRENT OWNER 20473 SARATOGA LOS GATOS RD 19510 GLEN UNA DR SARATOGA CA 95070-6018 SARATOGA CA 95070-5909 503-24-030 24-020 MAHNAZ KHAZEN RUTH LONG OR CURRENT OWNER PO BOX 2095 14519 BIG BASIN WAY SARATOGA CA 95070-0095 SARATOGA CA 95070-6011 503-24-049,050 503-24-051 GEORGE PAYNE YVES G & ANNETTE CASABONNE 15940 ROCHIN TR PO BOX 247 LOS GATOS CA 95032 EL VERANO CA 95433-0247 503-24-057 503-24-058 DOWNEY SAVINGS & LOAN BLOXHAM FAMILY LP ASSOCIATIO 4010 MOORPARK AVE 111 PO BOX 6000 SAN JOSE CA 95 1 1 7-1 804 NEWPORT BEACH CA 92658-6000 503-24-060,061 503-24-062 BLOXHAM FAMILY LP BERNARD A WALLACE OR CURRENT OWNER p0 BOX 1060 14415 BIG BASIN WAY DISCOVERY BAY CA 94514-7060 SARATOGA CA 95070-6171 4-064 503-24-066 ~G LEE JOSEPH C & MICHELLE MASEK 1139 S DE ANZA BLVD OR CURRENT OWNER SAN JOSE CA 95129-3660 14467 BIG BASIN WAY SARATOGA CA 95070-6093 397-22-015,067 SARATOGA FIRE DIST SCC PO BOX 279 MOUNTAIN VIEW CA 94042-0279 397-22-066 UNITED STATES POSTAL SERV 395 OYSTER POINT BLVD 225 SOUTH SAN FRANCISCO CA 94080- 1930 503-24-009 ROBERT & SHIRLEY CANCELLIERI 14860 CODY LN SARATOGA CA 95070-6018 503-24-046 INN AT SARATOGA INC OR CURRENT OWNER 20645 4TH ST SARATOGA CA 95070-5867 503-24-054 TONY A & JULIET JARRAMI 30 OAK GROVE AVE LOS GATOS CA 95030-7021 503-24-059 LOUELLA M SULLIVAN 20570 CANYON VIEW DR SARATOGA CA 95070-5876 503-24-063 CNY PROPERTIES INC PO BOX 2099 SARATOGA CA 95070 503-24-067, 080; 081 JAMES I & ARLENE ROSENFELD 14219 OKANOGAN DR SARATOGA CA 95070-5549 503-24-070,072 503-24-071 503-24-073 JOSEPH & HELEN BROZDA SAM CLOUD BARN JOSEPH & HELEN BROZDA 235 LINDEN ST 85 SARATOGA AVE 100 475 W SAN CARI,OS ST 10101 SANTA CRUZ CA 95062-1019 SANTA CLARA CA 95051-7300 SAN JOSE CA 95110-2633 517-09-011 517-09-012 517-09-013 RICHARD SERMONE MARTE FORMICO BK OF AMER N T & S A 14620 BIG BASIN WAY 14480 BIG BASIN WAY PO BOX 2818 SARATOGA CA 95070-2446 SARATOGA CA 95070 ALPHARETTA GA 30023-2818 517-09-014, 015, 046, 047 517-09-017 517-09-018, 043, 044 FRANK BURRELL ELIZABETH KLEAR ATOGA LLC 470 VANDELL WY STE A 20387 THELMA AVE 4367 CLEAR VALLEY DR CAMPBELL CA 95008 SARATOGA CA 95070-4946 ENCINO CA 91436-3317 517-09-020 517-09-021 517-09-024 ANTHONY J & GEORGIA MAHNAZ KHAZEN DAVID L SORENSEN ELLENIKIOTIS OR CURRENT OWNER OR CURRENT OWNER 14451 CHESTER AVE 20490 SARATOGA LOS GATOS RD 14493 OAK ST SARATOGA CA 95070-5624 SARATOGA CA 95070-5911 SARATOGA CA 95070-6025 517-09-025 517-09-026 517-09-027 DAVID J SALEHIEH RICKY & RUBINA RATRA THANH LUONG OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14501 OAK ST 14505 OAK ST 14515 OAK ST SARATOGA CA 95070-6025 SARATOGA CA 95070-6187 SARATOGA CA 95070-6025 2 517-09-031 517-09-03 .517-09-042 GIOVANNA R SCHENINI RICHARD J & LAUREL HESS JOUNG S & Y KIM OR CURRENT OWNER OR CURRENT OWNER .7221 SILVER.LODE LN 20576 3RD ST 14563 OAK ST SAN JOSE CA 95120-3356 SARATOGA CA 95070-6053 SARATOGA CA 95070-6027 517-09-063 517-09-064 517-09-065 PETER J & PAT DALTON STEVEN L MICHELI TED A & PEGGY MCKIBBEN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14467 OAK ST 14465 OAK ST ~ 14463 OAK ST SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 517-09-066 517-09-068 517-09-069 EtOBERT K & LISA BUSSE CALI INVESTMENTS POLLACK PROPERTIES II LLC ~R CURRENT OWNER 14510 BIG BASIN WAY 14500 BIG BASIN WAY 14461 OAK ST SARATOGA CA 95070-6090 SARATOGA CA 95070-6076 ~ARATOGA CA 95070-6025 i17-09-071 517-09-072 517-09-073 ?AMBETTI TRUST JAMES B SCHREMPP RAY D REDMON ?O BOX 34 OR CURRENT OWNER OR CURRENT OWNER iARATOGA CA 95071-0034 14587 OAK ST 14589 OAK ST SARATOGA CA 95070-6075 SARATOGA CA 95070-6075 i17-09-074 517-09-075 HALTER MILLER GARY D ALFORD 517-09-076 ~R CURRENT OWNER OR CURRENT OWNER JAMES P LALLY .4591 OAK ST 14593 OAK ST 21764 CONGRESS HALL LN 3ARATOGA CA 95070-6075 SARATOGA CA 95070-6075 SARATOGA CA 95070-9714 517-09-077 =PATRICK MCGILL OR CURRENT OWNER 14597 OAK ST TOGA CA 95070-6075 517-10-002 H O & M ZAKERANI 5911 VISTA LOOP SAN JOSE CA 95124-6528 517-10-005 MATTHEW B ROBINSON 19818 VINEYARD LN SARATOGA CA 95070-4560 517-10-008 JOHN N ALLEN _ OR CURRENT OWNER 14500 OAK ST SARATOGA CA 95070-6087 517-10-014 ATLAS PROPERTIES LLC PO BOX 14189 SAN FRANCISCO CA 94114-0189 517-09-080 RICHARD & ANGELA JOHNSON OR CURRENT OWNER 20578 3RD ST SARATOGA CA 95070-6053 517-10-003 FITZSIMMONS TRUST OR CURRENT OWNER 14534 OAK ST SARATOGA CA 95070-6087 517-10-006 RONNIE L HELM OR CURRENT OWNER 14516 OAK ST SARATOGA CA 95070-6087 517-10-009, 015, 034 OUR LADY FATIMA VILLA 20400 SARATOGA LOS GATOS RD SARATOGA CA 95070-5927 517-10-031 ROBERT L & PAMELA DUNNETT OR CURRENT OWNER 20477 FORREST HILLS DR SARATOGA CA 95070-6020 ~10-033 517-10-047 ROBERT F & TAMARA SHEPHERD SARATOGA UNIONS D OR CURRENT OWNER 20460 Forrest Hills Drive 20491 FORREST HILLS DR SARATOGA CA 95070 SARATOGA CA 95070-6020 517-34-002 PRASENJIT BARDHAN 1648 MARIPOSA AVE PALO ALTO CA 94306-1026 517-34-003 SCOTT TRUST 922 BICKNELL RD LOS GATOS CA 95030-2112 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 517-34-006 GARY D ALFORD OR CURRENT OWNER 14543 OAK ST SARATOGA CA 95070-6074 CITY OF SARATOGA ATTN: SHWETA BHATT 13777 FRUITVALE AVE SARATOGA CA 95070 517-09-081 TIONG C & CANDICE ONG OR CURRENT OWNER 20582 3RD ST SARATOGA CA 95070-6053 517-10-004 SALIM SAGARCHI OR CURRENT OWNER 14524 OAK ST 1 SARATOGA CA 95070-6085 517-10-007 GARY H & DIANAGAY ESPINOSA OR CURRENT OWNER 14510 OAK ST SARATOGA CA 95070-6087 517-10-011 SARATOGA LODGE INTO FOUR TWO EIGHT PO BOX 54 SARATOGA CA 95071-0054 517-10-032 CHARLES LEITER OR CURRENT OWNER 20483 FORREST HILLS DR SARATOGA CA 95070-6020 517-34-001 TRUDY GRABLE 1238 CORDELIA AVE SAN JOSE CA 95129-4212 517-34-004 BRIDGET M ROMAN OR CURRENT OWNER 14545 OAK ST SARATOGA CA 95070-6074 517-34-007 CHUCK B KASPAR OR CURRENT OWNER 14527 OAK ST SARATOGA CA 95070-6074 • • Attachment 5 • • • • City of Saratoga Neighbor Notiflecatioo ~'®rtn _ 2 ~ ~ G ~p ;~ 15 1r! Date:CE~-2 %i -~ AUG 2 1 2006 PROJECT ADDRESS: j ~(~ ~ ~ ~•~ CITY OF SARA fUGA Applicant Name: ~,~ ~~ A '~~°"-MUNITY DEVELOPF'''' ~~ Application iVumber: _ ®b -- z~~ :~ta~''ant! the Platrrring Commission prefer that neighbors tape this opportunit-~ to express any concerns or issues they may have directly to the applicant. Please ensure the signature on this document is representative of a!! 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. PLEAS SELECT ONE: ~M si stare below certifies the followin : I v ' w Y 8n g ha a revie ed the proJcct plans;l understand the scope of work; and I do NOT have any coaeerns or issues which need to be address by the applicant prior fo the City's public heating 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 sot bees addressed. My concerns are the following (please attach additional sheets if necessary): Nei hbor Name: Neighbor Address: ~(,~ 1 ~ ~3 ~11~ S' 1 l Neighbor Phone #: ~ f ~ r 1 ~ i Signature: Printed: LV L1 ~ f~~~ city of Saratoga Planning Depurtrner~t City of Saratoga Neighbor Notification Form Date: ti(~_ 2q ~~ PROJECT ADDRESS: ~ ~~,;.~ ~;,,~ ~; ,' Applicant Name: ~~~, , `~ ~ j~ Application Number: fj6._ Z,;.;~ 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 avid appeal periods. PLEAS SELECT ONE: 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 issnes 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; 1 understand the scope of work; and I Gave 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 ~ n r~ f-- S~~r ~~~~ `~~~x~v`'~~1. ~'~,:~"''~'t~-. \ ~~ Neighbor Address: -~- i 5~ ~~ ~ f ~ o~ Neighbor Phone #: Signature: Printed: • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form Date: D6 - ~6 -c~~ PROJECT ADDRESS: ~~soS d ~~ s r" Applicant Name: ~ ~ ~ . Application Number: C~ -- Z~-i~ 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. PLEASE CT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the. project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name~~~~ .~~„~~~~, G~~~ ~_.. Neighbor Address: Signature: ~~~~~ ~ ~_ v Neighbor Phone #: G~d S U ~~• ~ l ~j .~ Printed: City of Saratoga Planning Department City of Saratoga Neighbor Notification .Form Date: ~~ --~, .~~ PROJECT ADDRESS: ~ u~ ~ ~ •~ ~ ~; Applicant Name:_~, ~~-~,c~ Application Number: ~~,_ ~y~, 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. PLEASE SELECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion wi[h the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary}: Neighbor Name: Neighbor Address: Neighbor Phone #: ~ ~ ~ ~~ ~ G Printed: • City of Saratoga Planning I~epcrrtment pity of Saratoga Neighbor Notification Form Date: O~ -tea , ~~ PROJECT ADDRESS:_~~-(~ ,,t~- ~,-~ Applicant Name: ~ ~ Application Number. Ob-- 2~ Sta,,B''and the Planning Commission prefer that neighbors take this opportuniti~ 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. PLEAS/E SELECT ONE: V My signature below certifies the following: I have reviewed the project plans; [ 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 pmject. My signature below certifies the following: I have reviewed the project plans; I understand the scoee of work; and T 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): NeighborName: ~ 1 Gp~ Lo~ ~ ~¢a~ Neighbor Address: / ~~ ~ ~,q Da.,(G Sfi _ ~J ~~ ~~ ~~v 1 ~ Neighbor Fhone #: _ i~df - ,~~ ~ o~3L Signature: Printed: ,~~,u..~~.~ r City of Saratoga Planning l~epurtrnent City of Sarato.~a NQighbor Notification Form Date: r_ ~, ~7 PRQJECT ADDRESS: ~~~ S ~'r~c s Applicant Name: ~~~ ~~--~~.n,. Application Number: C ~ - ~.y 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 nn 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. PLEAS LECT ONE: 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 certif es 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: ~ ~ ~ F~l°~~c./k Neighbor Address: i~-~''1(~ ~~ C~, ~1~iN tom'( S~A~~--~- ~ C~ a~~~ Neighbor Phone #: - ~~S' 7~I Z~2 Signature• Printed: f;-}~`'{ t--~ • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form Date: ~~-- 2~~,E PROJECT ADDRESS: j ct c OS ("; `fit ~- Applicant Name:~~ ~;~`, ~P~,~ -- Application Number: ~j,F,- 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. PLEA SELECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have nay 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 Gave 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: ~d Gr ~ o~ ~i~,~~'r%~ ,1. ~; G'% ~ ~ Neighbor Address: • Neighbor Phone #: 7©~ ~fJ~ ~ C%~ ~j Printed: ~i~A-~ T ~l~i ~~ City of Saratoga Planning Deportment Signature: City of Saratoga Neighbor Notification Form Date: C~6-~2€~-t3~~ PROJECT ADDRESS: ~+~ SAS C~;'+-~csr Applicant Name: ~ '~ Application Number: ~~G- ~ 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. PLEASE LECT ONE: 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; 1 understand the scope of work; and I have issues ar concerns, which after discussion -witti the appiicant; tiave not been addrQSSed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~'~ mil- ~ c.,( .~ j~,ti/~ Neighbor Address: Neighbor Phone #: ~3~~ Printed: Q~~a~.. ~ • City of Saratoga Planning Depcrrtment City of Saratoga Neighbor Notification Form Date: ~~- ~~ PROJECT ADDRESS: ) ~-l~. ~• cr Applicant Name: r' ~. Application Number. G(s- Zy_3 Staff and the Planning Commission prefer that neighbors take this opportunity to express any ccncer:ts 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. PLEAS SELECT ONE: ~M si ature be ow ce i y gn 1 rt fies the following: I have reviewed the project plans; l 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; 1 understand the scope of work; 2nd d Gave +~aeg or concerns, which after digcoiss!®ti with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Nartte: ~-~~Z't,.~- ~ ~.~/(~ Neighbor Address: • Neighbor Phone #• !~~ ' ~9~-~~ Printed: ~, ~'i~ ~Lla~ ~il~ City of Saratoga Planning 17enc~rttnent i pity of Saratoga Neighbor Notification Form Date: C~ =-~ 7-~~ PROJECT ADDRESS: ~~es ~ ~ S-; Applicant Name: ~~~~ '~?pg~p~ Application Number: ~~ s. 7 ~ ~ 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. PLEASE SELECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. • My signature below certifies the following: I have reviewed the project plans; i understand the scope of work; and Y 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): i ItiTeighbor Name: Neighbor Address: ~ (: ~ ~ Nei bor Phone #: ~r ` ~~ l~ Signature: Printed: • City of Saratoga Planning Depccrtmenr City of Saratoga Neighbor ri`otification Form PROJECT ADDRESS: ~;~ ~ S ~ Applicant Name: ~~.~~ Application Number: ~ 6- Z;.t3 Staff and the Planning Commission pre, fer that neighbors take this opportunity to express any concerns or issues they may have directly to the applicant. Pdease 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. PLEASE..SELECT ONE: ~My signature below certifies the following: I have reviewed the project lans• I understand the scope of work; and I do:NOT have any concerns or issues whi h 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; 1 ___understand the scope of work; and Lhave-issues or concerns, which-after-diseussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: /~~ ~• ~ ~t c. IZ ~= „ S'~- ~./ Neighbor Address: ~ , `~~~ ''~ ~ ~ ~~ Neighbor Phone #: S ignat~et • Printed: ~~j City of Saratoga Planning Department City of Saratoga Neighbor Notification dorm Date: ~6_~-7_~_ PROJECT ADDRESS:~~~g ~ y~ s Applicant Name: r _ ~ct~ ~A Application Number: Q~. ~_~~, 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. PLEASE. SELECT ONE: ~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 certifres the following: I have reviewed the project plans; 1 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: Signature: ~~ ~'" i -r"-s Neighbor Phone #: ~~~~~ ~~`~~- 1 ~~ ~, -, Printed: • City of Saratoga Planning Department City of Saratoga Neighbor Notifieation Form Date: (~ -- PROJECT ADD ~ SS:_ _ `~ 5aS ~`~ ~ Applicant Name: ~~ ~~ ~,, j~~~ ~ 1 Application Number: D -- Z 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 ofall residents residing o;: yoµr grope; ty. 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. PLEA SELECT ONE: 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 i&s!leS which nee~+ 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; t understand the scope of work; and I have issues or concerns, which after discussion with the appiira~t, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~~ Neighbor Address: ~ U ~ ~ 3 C~.~. ~~ Signature: ~~ `, • Neighbor Phone #: Printed: . ~6`~_ G~~ l ~ City of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date:__ (J6 - Z7 ~ PROJECT ADDRESS:- IyS~ ~ C~~- Applicant Name: `~ ~~ `~ Application Number: ~ - z 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. PLEASE LECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues- or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary: Neighbor Name: f ~ ~ r~~~~ j/'1/ ~ ~ h F t'i Neighbor Address: J~ ~ ~aQ /;l ~ r>~ s ~/~ ~ry ~~ ~~~ S~ ~~ T ~ G~ ~ `' ~5 ~ ~~ Neighbor Phone #: ~ ~~ ~" :'~~' ~~' ~ ~~, Signature: Printed: • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form Date: oL - Z;s --~~ PROJECT ADDRESS: __ iu S~ S ; ;, c i Applicant Name: ~~ ~~~ _ ~ ~, A Application Number: _ C6- ~?.~i 3 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. PLEAS LECT ONE: 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; t --understand-the scope ofwork; 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: ~ ~. ~ ~~~f~~ ~ ~~~{ ~"-~ Neighbor Address: V ~~-~o~-~ C~ ~o ~~ Signature: • ~~~``~` City of Saratoga Neighbor Phone #: ~©~ ~ ~~~ ~ ~° ~O Printed: ~t~~ ~~1~~5.~~, ~~~,,.~ ~~~-~~C~~ ~-x Planning Deportment City of Saratoga Neighbor Notification Foran Date: G ~ - ~~ PROJECT ADDRESS: ~ ~~cs ~, `. Applicant Name: ~~ `k~, ~~-R:a t Application Number: f ~ t~- ~ ;,., ~ Staf~`'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 ofthe op Lnolt erprvcsefl below, yea reserYe t.~te right to ar,end your opinion at a later date during the actual public review and appeal periods. PLEAS ELECT ONE: My signature below certifies the following; I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the scope_ of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary}: Neighbor Name: ~~_t~~~ Neighbor Address: Signature: Neighbor Phone #: _ ~,y f - ~, .~~~~ Printed: • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form PROJECT ADDRESS: t~~,S ~ ~rrc s ; Applicant Name: ~ ~~ ~ ~~ l Application Number: ~~,-- ~y-~ 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. PLEASE SELECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: ~,Q L ~~~/ pf /~~_ Neighbor Address: ~~~~~ l_~ ~~ /~~~ car'. ~~'~~ ~~- Neighbor Phone #: _ ~y 7 "- ~ ~ 7v Signature: f n Printed: ~~ L ~y~ ~Imv t • City of Saratoga Planning Depc:rtment City of Saratoga Neighbor Notification Form Date: ~ ~ - 27- G~ PROJECT ADDRESS: ~~SQS ~rr~sr Applicant Name: ~ Application Number: ~~ _ 2y-~ 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. PLEASES LECT ONE: My signature below certifies the fallowing: I have reviewed the project plans; I understand the scope of work; and I do NOT have aay 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: T have reviewed the project plans; f understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): ~-. Neighbor Name: J ~~? ~ ~~~~ ~ ~'~ ~- Neighbor Address: ~~ `~-~ yip !~ ~ : C=~ ~ ~~' ~ ~ ~ ; . ~~ ~eighbor Phone #: ~ ~ - ~~ / Signature: Printed: .._-- ~ ~~~ ,~ ;~ I City of Saratoga Planning Department City of Saratoga Neighbor 111otification Form M Date: ~ ~ _ - ...~_ PROJECT ADDRESS:- ~ ySc~ S ,.~,~ - ; . Applicant Name: ~~~.r,, ~~-~ ~, Application Number: D~-~ Z~-~3 Staff and the Panning 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 apinion at a later date during the actual public review and appeal periods. PLEASES CT ONE: My signature below certifies the following: Ihave-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;Ihave reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, Gave not been addressed. My concerns are the following (please attach additional sheets if necessary): ltireighbor Name:~~~. ~~~~.~,~ Neighbor Address: y y ~ ~3 ~~; e3~~si ~.~ ~.~,~t~ f ~ ~~ -- ~- ~ ~j ~i-`1'~~ t ~~ ~ c ~ (' ~" ~.Sc ~~ Neighbor Phone #: ~~` ~ _ ~ ~ _ ~' ~ ` ' ` Signature: Printed: ~~ ~,.~_- - .a '~, • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form r Date: ~ _ ~`T ~a b PROJECT ADDRESS: y Sc S - Applicant Name: ~~~~ ~~~~~ ~ Application Number: ~~ -- Zc..~~ 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 al! 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. PLEAS ELECT ONE: 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; [ understand the scope of work; and I have issues or concerns, which after discussion ---with the appiicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Nei bor Name: Cf-v~o~C. p M. ~,~ Neighbor Address: Signature: ~>'`~~ Neighbor Phone #: T~4 ~ ~ ~~'! ~~ ~~ Printed: ~~w~ I~. M~zI1~G, • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 1~'~=,c ~~ ~ ;- Applicant Name: ~ ~~~ Application Number: p ~ ~ ~; ~ 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. PLEAS~SELEC7' ONE: ,V/ My signature belaw 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): Nei hbor Name: ~ ~ g ~~ Neighbor Address: ~. / Signature: Neighbor Phone #: ~- ~ ~ ; ~ ~' -j ~~~ Printed: - ~ i o i % ~ _^ City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form Date: G6-- Z°7-~,~ PROJECT ADDRESS: I `'~ ~eS ~ ~ Applicant Name: ~~~1~=:. ~tY'~l: ~ Application Number: ~~, - Stuff 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 Mate during the actual public review and appeal periods. PLE~ELECT ONE: 1VIy 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 foIIowing: I have reviewed the project plans; I understand the scope of work; and Y have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (ptease attach additional sheets if necessary):- Neighbor Name: ~~~ ~'--- Neighbor Address: r ~ __~ ~ _. Neighbor Phone #: ~ c~' ~ ~~ =~ ~ ~` Signature: Printed: • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form Date:- c~~- 29.~p~ PROJECT ADDRESS:- iVSC3S ~+~~s Applicant Name: ~iL°~ ~ tr~~ ~. Application Number:- ~ j%,._ ~~ Staff and the Planning Commission prefer that neighbors take this opportunity !o 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. PLEAS LECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I -understand the scope of work; and I Gave issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name'~~..~~~ ~'~ \'. ~ ~ ~~ ., Neighbor Address: ~~ ~ Neighbor Phone #: Signature: Printed: r~ U City of Saratoga Planning I~epurtment City of Saratoga Neighbor Notification -Form Date: ~ - ~ ~~ PROJECT ADDRESS: ~ ~-l S~ , ~; ;.nom s ,-- Applicant Name: ~L~: Application Number: ~ 6- ~~3 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 ell residents residing o„ your groper ty. 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. PLEASE ECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I .understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): ,,t Neighbor Name: /5~ ~~ ~ , ~ Gtr . Neighbor Address: ~~~~~ ~~~ ~~1~ (~Jy / _ ~ ~~~ ~S v~t] Neighbor Phone #: _ ~D~- j~! -~S Signature: Printed: CLC ~ , ~ ~~ -y City of Saratoga Planning Depccrtmen[ City of Saratoga Neighbor Notification Form Date: ~~ b- 2~_~ PROJECT ADDRESS: 1 ~,~ ~ ~s ~ Applicant Name: •ci~~,,., ~~~~. Application Number: ~r• j~ _ - ;y ~1 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, PLEASIr'SELECT ONE: My signature below certifies the following: I have reviewed the project lans~ I understand the scope of work; and I do NOT have any concerns or issues whi h 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): a Neighbor Name: -~' /,/yf ~~~f~(~-~./ Neighbor Address: c~ ` t c-~ ~-'-----~ `~ Neighbor Phone #: _ _.--= ~._.__ y,-.ate--~~` • City of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date: fiE,-- ~7-~,6 PROJECT ADDRESS: ~~~5 G ~ s~r' Ap}ilicant Name: ~t c.k, _ (~ ~,,~ Application Number: ~~- z,• 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 optnton at a later date during the actual public review and appeal periods. PLEASE SELECT ONE: ,y/ My signature belaw certifies the following: I have reviewed the project plans; I understand the scope of work; and I do N4T 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~ rte` I ~ ~,.~ Neighbor Address: 1~~~~ .~~~~3~~-~ ~ Neighbor Phone #: `~ G~ `°I ~ `~ - C'~% L Printed: n. ~ L ~~1 • City of Saratoga Plan)sin$~~pcrrtrii~ntt ~~, ~ ~i S~ ")~ City of Saratoga Neighbor Notification- Form Date:_ ~~- Z~~ PROJECT ADDRESS: ~~~~ E >~ ~ r Applicant Name: ~~ c.~- Application Number:__Q[~ _ ~~ ~ 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 acid appeal periods. PLEA SELECT ONE: ~~M si ature below Y &~ 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: --~ ~ ~ ~ ~t ~ ~ ~ ~Z5- % 6'l~ (~ ~ a~ S Neighbor AddXess: Neighbor Phone #: _ ~ ~' ~ , ~~ Signature: Printed: City of Saratoga Planning Depurtmenc City of Saratoga Neighbor Notification Form Date: ~b -Z.QS .<~ PROJECT ADDRESS:- \~-~~5~~ ~;~.,~ - ; , Applicant Name: i ~- Application Number: ~~ - Zy 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. PL~EAS/E SELECT ONE: V 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; 1 understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name: Neighbor Address: ~ ~. Neighbor Phone #: ~'~ '~ ~Z ~ ~ 7~ Signature: Printed: • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Fot-m Date: Gb- ~ S-o~6 PROJECT ADDRESS: 1 ~Sa S ~ ;~-~c. ~ Applicant Name: 1~~~;~„ 'w~.n-z;~ Application Number: t~6-- 2y3 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. Regardtess 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. PLEAS LECT ONE: ~~~~si nature below certifies the f Y g ollowmg: I have reviewed the proJec[ 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 di§cussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): ~: Neighbor Name: `_ ~ ~._ ~- ~. Neighbor Address: __._.,.~ ,.-~ } .9./ c- ~ ~~~ Neighbor Pi:one #: _ ~ G~ -~ ~ - /~ 7 ~' Signature: • Printed: City of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date: D ~ ~~~ -~~ PROJECT ADDRESS:- y ~~:5 ~.~ ~ s r Applicant Name: ~, c1c; ~~ ~~A Application Number: ~~- Zy-~ Sta, ff and the Planning Commission prefer that neighbors take this opportunity [o 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 elate during3lie actual public review and appeal periods. PLEASE ELECT ONE: My signature below certifies the following; Y have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issnes 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_concerus, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor Name~'~jC1(//°~~L~i~~~ ~~~ f ~l 1~ 'ill Neighbor Address: ~~ ,` ,~ ~`' " ' " ~`z~'' ' ~~ ~r` 1<=~lG~-t/'- Neighbor Phone #: ,% v'~~ ' ~' Signature: Printed: .,._ ..r- ~~~ Gi ~ ~ ~~v1- /~J ~=-.l -~ • City of Saratoga Planning Deportment City of Saratoga Neighbor Notification Form Date: ~ (~-~ ~'- PROJECT ADDRESS: iu~0 ~ s ~ Applicant Name:_ ~~ir ~<~ - ~~---72A 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. PLE~ELECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scone of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and ~ 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: ~- 2.~-~ez`~r , / / ~~~y 'f~"~S ~9x~-~c .5~ Signature: r. City of Saratoga Neighbor Phone #: Printed: 7~ `/~ ~58x1a Z~.~.etf-~' Planning Deportment Neighbor Address: C~ Attachment 6 • __- - 5 _ ~ ~~ _ '8o ! I lq ~ I d C W W ~ i a ~~MEER r o=Sd~ N~ ~~ I W Q ~~ = ~. 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C.- s. .~ m C W w ~ a ~' 8 ~~ ~ E NssR p ~$ Diu <8 tl ~ W ~ g gg g gE C Z2 cSffiA ~ C § W ~ ¢$9vQ 3 .. . 4 ~ C $ gg '7 U~~ui~u~~ 0 o i~~Gd° ER `/yd W w ~ ~ ~ a=s°~ ~~i ° W$ ~~ o~ ~I ~ ~-yUo ~ Y Q ti ~ ~~ °` 60~ ~`~ ~ x c9 O ~''ls~~ad S~ - Q' O a ~ ~ Q r '^ ~o ~ " i I Q ' I _ ~ <~ ~N~~wpr`-os~oo ~ ~ ~ ~ I CO ma,~~o~ ~ a u ~ Q a~- LLLL ss ~ i ~ I cs ~'~~'~~a~m~~ ~~ S~ a~ ~ o l ~ I I ~ h N ~` ~' ~ og~ U ~ ~~~w~ w u~~`- ~ c ww I Ni ~ ~ ~ I ~ ~ a u77 a N ~ ~ ~ m l } o ~Wa~S~~"a~ gga a~ -~vi wC~~Ow~ya ~ U ~ ~ r UI W a W u~ 3 ~~ K a ~ ~iWZ °as a~ I al ~ ~1 ~ TU w >~ rc I ~ ~ I I - O+ ~1 ~; ~- W _~~ ~>~ - ~ I :. • Item 6 REPORT TO THE PLANNING COMMISSION Application No./Location: Type of Application: Owner/Applicant: Staff Planner: Meeting Date: APN: 06-365; 21891 Via Regina Design Review Guldimann/Rockwood Design Associates, Inc. Shweta Bhatt, Assistant Planner/~~('~7 October 25, 2006 503-69-028 Department Head:~~~ John F. Livingstone, AICP 2 \ i. ~ _ i .. - ~ - ' w ~ t ._ ~ ., •:: \. ~ r,-mo n + ~ • .. • i .~ `F .. ` / a • ~cey.c. 3 c. ~ •• i B .~ 1: ,s ~ ~ ~i~K. ~ i.C K-' ~- 9 c y.o ~ i 6 1 i~ ~~e~y 9 _"r~ Y \ ~ ` '~ 3 'q. t ~~ j ~ Y ~~ , ~ oo.c . ' 7r " i } F ; ~y.c. ~s ...- `7' .oeK~ ~ ~ - JY't ~P F 'j,+~', %9 , ~ :G Ye ~~ I n ~ C/~1 4 r~4• `\. 0 Nom" ~r~=`„j ~~ jg~~~Qt~ .. .s ,~.. ut.o ' ~~~ r v. ~ `, y b O ,~' • w ~. i.c ~'f.~ ~.7'w ~:. . .F 'r. ~~(. 4's .: i.,a•---- i ? i b ,yam ~s ro»> aG n...~ § ~ .~, ~ z - +~ ~ ~ be iF r / \ / ~? ~~'. ~ j~ •+,,,i+. Subject: ~ \/pQ'2z $ ,~ A ~\ c„~c /~ , - 21891 Va Regina `,~...~~ •~ ~ ' ~/ {g~r ~~ ; •b•~ , .e APN: 503-69-028 ~ ~ ~~ e / e~"~~ . , 500 Radius ~~.,'~~~~~~~ ~~~~ ~ ~~4p.1iJ • t ~GM~3w ~ 2 I ~e . 21891 via Regina Application No. 06-365; 21891 Via Regina EXECUTIVE SUMMARY CASE HISTORY: Application filed: 05/01/06 Application complete: 10/03/06 Notice published: 10/11/06 Mailing completed: 10/03/06 Posting completed: 10/19/06 PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a second dwelling unit on an approximately 245,243 square foot parcel at 21891 Via Regina. The structure is proposed to be 20.3 feet tall and will have a basement. The overall design and materials will match that of the existing single family dwelling and consist of creme colored siding, olive green trim and a dark shake roofing material. Screening trees are proposed in response to neighbor comment. Design Review approval is required pursuant to Saratoga City Code Section 15-45.060. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve this design review application by adopting the attached resolution with conditions. Application No. 06-365; 21891 Via Regina STAFF ANALYSIS ZONING: H-R (Hillside Residential) GENERAL PLAN DESIGNATION: Very Low Density Residential MEASURE G: Not applicable PARCEL SIZE: 245,243 square feet net and gross SLOPE: 19.2% average slope GRADING REQUIRED: Approximately 286 cubic yards of earth will be cut for the basement. ENVIRONMENTAL DETERMINATION: The proposed new second dwelling unit is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. MATERIALS AND COLORS: The proposed colors and materials consist of creme colored siding and olive trim with a dark roofing material. A wooden garage door and wooden windows have been specified. A colors and materials board, along with manufacturers' brochures, will be available at the public hearing. • Application No. 06-365; 21891 Via Regina PROJECT DATA: H-R Zonin Pro osed Re uired SITE COVERAGE Existing Structures: 5,937 SF Maximum Existing Driveway: 11,445 SF Allowable Existing Hardscape: 15,114 SF = 15,000 SF TOTAL Existing Site Coverage: 32,496 SF Proposed Second Unit: 1,362 SF Please see Proposed Driveway: 780 SF discussion below. Proposed Hardscape: 475 SF TOTAL Proposed Additional 2,61.7 SF Site Coverage: AREA of Existing Impervious 2,617 SF Covera a to be Removed: FLOOR AREA Existing Main Structure: 2,765 SF Maximum Existing Garage: 950 SF Allowable = 7,7 0 Existing Storage Shed: 2,012 SF 0 SF (based on 20 /o Existing Storage Shed: 210 SF slope) Proposed Second Unit: 1,677 SF TOTAL Floor Area: 7,614 SF SETBACKS Front: 131 Feet 1 Inch 30 Feet Rear 177 Feet 50 Feet Left Side: 206 Feet 9 Inches 20 Feet Right Side: 491 Feet 6 Inches 20 Feet HEIGHT Lowest Elevation Point: 637.25 Feet Maximum Height Highest Elevation Point: 646.58 Feet = 667.92 Feet Average Elevation Point: 641.92 Feet (26 Feet) Proposed Topmost Point: 662.25 Feet (20.3 Feet) PROJECT DISCUSSION: Site Characteristics The subject property is a large (approximately 5.7 acres) site located near the end of Via Regina. The nearly rectangular site has- access from the street via a single driveway that leads to the existing single family dwelling located towards the rear of the parcel. Numerous other structures also exist on the parcel. The site has a number of existing trees, some of which are mature trees with large canopies. • • • Application No. 06-365; 21891 Via Regina Project Description The applicant requests design review approval to construct a secondary dwelling unit. The proposed unit is 1,196 square feet with a garage 481 square feet in size. A planter and stairs are proposed around the exterior of the building. The structure has been situated such that it follows the sloping topography of the site. The overall design of the structure may be characterized as American International, as it has floor to ceiling windows and minimal details around doors and windows -features distinctive of the International style, but also has a wood siding exterior and exaggerated eaves, which are more typically seen in contemporary style homes. City Code Section 15-45.060 states that whenever the gross floor area of all structures on the site will exceed 6,000 square feet, Design Review is required. The site will have 7,614 square feet of floor area if the proposal is approved and therefore Planning Commission review is required. The secondary dwelling unit is a permitted use and thus only the design of the structure is subject to Planning Commission review. The second unit is proposed to be located near the center of the property, as a gravel driveway will fork from the existing driveway. Given the site's Hillside Residential zoning designation, the City code limits impervious coverage to a maximum of 15,000 square feet_or 25% of the lot size, whichever is less. In this case impervious coverage is limited to 15,000 square feet. However, the site currently has 32,496 square feet of imperious coverage. The proposed project would increase the overall impervious coverage by 2,617 square feet, and therefore an amount equal to that square footage will be removed from another area of the site. A condition of approval has been added to reflect this. Second Dwelling Unit The City Code has specific requirements for second dwelling units. The project as conditioned meets these requirements described below: • Lot size. The site has a 19.2% average slope and thus meets the minimum lot size required (2.94 acres) for the Hillside Residential zoning district. • Unit size. The unit does not exceed the maximum allowable 1,200 square feet, as 1,196 square feet are proposed. Typically, basements do not count towards the overall allowed floor area for the site, but the square footage of basements do count toward the 1,200 second unit maximum. However, garages, which do typically count towards overall allowable floor area, but do not count towards the 1,200 maximum. • Building codes. As conditioned, the second unit will meet required applicable building, health and fire codes. • Zoning regulations. The second unit as conditioned will comply with zoning regulations. Application No. 06-365; 21891 Via Regina • Parking. A parking space within a garage has been provided for the second unit. • Access. The second unit is served by the same driveway from the street as the existing main dwelling. • Common entrance. The second dwelling unit is not attached to the main dwelling. • Limitations on number of bedrooms. The secondary living unit does not have more than two bedrooms. • Appearance. The second dwelling unit matches the primary structure in overall appearance. Neighbor Review The applicant has notified neighbors within close vicinity of the project. The neighbor review letters have been attached to this staff report. The adjacent neighbors do not have any issues in regards to the project. A neighbor across Via Regina, however, has submitted comments in regards to the project, particularly in regards to impact to privacy. The applicant has met with the neighbors to review possible mitigation measures. The neighbor proposes that the applicant either locate the structure elsewhere on the property, replace the floor to ceiling windows with a wall with windows, or rotate the structure such that the floor to ceiling windows face another direction. However, relocating the structure may result in additional impervious coverage, as the driveway will need to be extended. Additionally, the property slopes upwards as it gets further from the street. Relocating the structure further to the rear will result in the structure at a higher elevation. Furthermore, the proposed floor to ceiling windows are an integral feature of the architectural design. In response to the neighbor comment, the applicant proposes landscape screening in the form of 10 trees. The trees will consist of 5 24-inch box size Grecian Laurel (Laurus `Saratoga') and 5 24-inch box size Toyon (Heteromeles arbutifolia Toyon). The Laurus Saratoga trees are expected to reach a height of 15 feet and the Toyon are expected to reach a height of 25 feet. Staff requested that the applicant provide line-of--sight diagram in regards to the potential impact to the neighbor. This diagram, along with .photographs of the site, has been incorporated into Sheet A8 of the plan set. Subsequent to several site visits and after reviewing the submitted materials, staff believes the proposed trees will provide adequate landscape screening for the project. Additionally, the proposal is setback about 131 feet from the front property line (the two structures will have approximately 290 feet of separation from each other), and there is existing vegetation and trees along the front property line. Because of these reasons and the additional screening, staff is in support of the proposal. Application No. 06-365; 21891 Via Regina Trees Arborist review was not required for this project. Geotechnical Clearance Geotechnical review and clearance is required for the proposed basement has been granted. These conditions have been incorporated in the attached resolution. General Plan Findings The proposed project is consistent with the following General Plan Policies: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The project consists of a second dwelling unit relatively modest in size which will be located on a parcel greater than 5 acres in size. The property currently has numerous trees and additional screening trees are proposed. Land Use Element Policy S.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed second dwelling unit is designed to reflect the overall architecture of the existing single family home. It has been situated on the site such that it maintains substantially greater than required setbacks. As conditioned, the application meets the Findings required for Design Approval. Design Review Findings The proposed- project is consistent with all the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The proposed structure has been situated near the center of the site and provides substantially greater than required setbacks. The structure is single story and will not be located near the tallest elevation of the lot. Numerous existing trees along Via Regina assist to screen the property from neighbors. Furthermore, to address, neighbor concern, the applicant proposes a total of 10 trees to provide. additional screening. (b) Preserve Natural Landscape. No trees are proposed to be removed as part of this project. Grading to accommodate the proposed basement is part of the project, but the structure has been designed to fit the sloping topography of the site such that grading is minimized. r~ L Application No. 06-365; 21891 Via Regina (c) Preserve Native and Heritage Trees. No trees are proposed for removal as part of this project. Trees are proposed to be added to the site to assist with screening the proposal. (d) Minimize perception of excessive bulk. The proposed second unit provides adequate building articulation and has been well-designed. A consistent architectural theme has been maintained and the structure as proposed is nested into the slope of the project site such that it does not appear massive. Given subject property's large size, the modest size of the proposal, and the existing trees and vegetation that exist along the front property line, the project will not result in a massive and bulky structure. (e) Compatible bulk and height. The second unit has been designed to reflect the architectural style of the existing single family home and is clearly subordinate to the primary unit. Additionally, it has been situated on a lower portion of the lot, and thus-the perceived height of the structure will be lower. (f) Current grading and erosion control methods. The proposal will conform to the City's current grading and erosion control methods. The applicant is required to maintain stormwater on site where feasible. (g) Design policies and techniques. As conditioned, the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk and avoiding unreasonable interference with privacy and views as detailed in the findings above. Conclusion Staff finds that the Design Review findings can be made in the affirmative. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve design review application 06- 365 with conditions by adopting the attached resolution. ATTACHMENTS: 1. Resolution of Approval for Design Review. 2. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 3. Neighbor review letters. 4. Applicant's response to neighbor concern 5. Reduced Plans, Exhibit "A." • Attachment 1 t APPROVAL OF RESOLUTION N0.07- Application No. 06-365 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Guldimann/Rockwood Design Associates, Inc; 21891 Via Regina WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a new secondary dwelling unit 1,196 square feet in size with an attached garage 484 square feet in size. The second unit will be less than 26 feet in height and will be situated on a 245,243 square foot lot with an approximate 19.2% slope. The lot is situated in the Hillside-Residential zoning district; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which proposes to construct second dwelling unit is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This Class 3 exemption applies to construction of a single family home in an urbanized area; and licant has met the burden of roof re uired to su ort said • WHEREAS, the app p q pp application for design review approval, and the following fmdings specified in City Code Section 15-45.080 and the City's Residential Design Handbook have been determined: NOW, THEREFORE, the Planning. Commission of the City of Saratoga does hereby resolve as follows: Conservation Element Policy 6.0 -Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The project consists of a second dwelling unit relatively modest in size which will be located on a parcel greater than 5 acres in size. The property currently has numerous trees and additional screening trees are proposed. Land Use Element Policy S.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The proposed second dwelling unit is designed to reflect the overall architecture of the existing single family home. It has been situated on the site such that it maintains substantially greater than required setbacks. As conditioned, the application meets the Findings required for Design Approval. • Application No. 06-365; 21891 Via Regina (a) Avoid unreasonable interference with views and privacy. The proposed structure has been situated near the center of the site and provides substantially greater than required setbacks. Furthermore, the structure is single story and will not be located near the tallest elevation of the lot. Numerous existing trees along Via Regina assist to screen the property from neighbors. Furthermore, to address neighbor concern, the applicant proposes a total of 10 trees to provide additional screening. (b) Preserve Natural Landscape. No trees are proposed to be removed as part of this project. Grading to accommodate the proposed basement is part of the project, but the structure has been designed to fit the sloping topography of the site such that grading is minimized. (c) Preserve Native and Heritage Trees. No trees are proposed for removal as part of this project. Trees are proposed to be added to the site to assist with screening the proposal. (d) Minimize perception of excessive bulk. The proposed second unit provides adequate building articulation and has been well-designed. A consistent architectural theme has been maintained and the structure as proposed is nested into the slope of the project site such that it does not appear massive. Furthermore, given subject property's large size, the modest size of the proposal, and the existing trees and vegetation that exist along the front property line, the project will not result in a massive and bulky structure. (e) Compatible bulk and height. The second unit has been designed to reflect the architectural style of the existing single family home and is clearly subordinate to the primary unit. Additionally, given that it has been situated on a lower portion of the lot, the perceived height of the structure will be lower. (fJ Current grading and erosion control methods. The proposal will conform to the City's current grading and erosion control methods. The applicant is required to maintain stormwater on site where feasible. (g) Design policies and techniques. As conditioned, the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk and avoiding unreasonable interference with privacy and views as detailed in the findings above. Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 06-365 for Design Review Approval is hereby granted subject to the following conditions: • Application No. 06-365; 21891 Via Regina COMMUNITY DEVELOPMENT 1. The proposed home shall be constructed as shown on Exhibit "A" incorporated by reference. 2. Four sets of complete construction plans incorporating this Resolution shall be included on the plans submitted to the Building Division for permit plan check review. 3. Final landscape, irrigation and utility plans shall be incorporated into the construction plan set and shall take into account the following requirements: • Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. • Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. • Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. • Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. • Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. • A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. • Impervious coverage to be removed from the corral area shall be indicated on the landscaping plan. • Trees providing privacy screening shall be shown on the landscaping plan. 4. Privacy screening in the form of the 10 trees (5 24-inch box size Grecian Laurel (Laurus `Saratoga' and 5 24-inch box size Toyon (Heteromeles arbutifolia Toyon) shall be installed prior to final occupancy inspection. Application No. 06-365; 21891 Via Regina 5. Privacy screening in the form of the 10 trees (5 24-inch box size Grecian Laurel (Laurus `Saratoga' and 5 24-inch box size Toyon (Heteromeles arbutifolia Toyon) shall be in place and maintained as long as the second- dwelling unit is in existence. 6. Impervious coverage equivalent or greater to that being proposed shall be removed. The applicant shall provide photographs of the area to be removed before and after the removal takes place. The "before" photographs shall be submitted prior to issuance of City permits. The "after" photographs shall be submitted prior to final occupancy inspection. 7. Any changes to the approved plans must be submitted in writing with a clouded set of plans highlighting the changes. No downgrading in the exterior appearance of the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission. 8. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 9. A storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices, shall be submitted along with the complete construction drawings. 10. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 11. All- processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance at all times. In the event that-the balance is less than $500, all staff work on the project shall cease until the balance is restored to a minimum of $500. GEOTECHNICAL CLEARANCE 12. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final project construction plans (i.e., site preparation and grading, site drainage improvements, pavement design, and design parameters for retaining walls) to ensure that their recommendations have been properly incorporated. The results of the plan review shall be summarized by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review- prior to issuance of permits for project construction. Application No. 06-365; 21891 Via Regina 13. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspection shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and .excavations for retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to fmal project approval. 14. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 15. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. FIRE DEPARTMENT 16. The applicant shall comply with all Fire Department conditions as outlined in attached memorandum. CITY ATTORNEY 17. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. -- Section 2. Construction must commence within 36 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on the 25th day of October 2006 by the following roll call vote: Application No. 06-365; 21891 Via Regina AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date SARATOGA FIRE DISTRICT COUNTY OF SANTA CLARA 14380 SARATOGA AV. SARATOGA, CALIFORNIA 95070 Telephone:408-867-9001 Fax:408-867-2780 ti~~vvw.sarato~aiire.or~* PLAN CHECK REVIEW TRANSMITTAL FOR PLANNING DEPARTMENT FILE #: 06-365 DATE: May 19, 2006 # OF LOTS: one APPLICANT: Guldimann LOCATION: 21891 Via Regina PROJECT: new 1,676 sq $ secondary dwelling unit with basement and garage. 1. Property is located in a designated hazardous fire area. 2. Fire Department access to the building is not acceptable, see driveway and security gate note below (CFC 902). 3. Roof covering shall be fire retardant and comply with the standards established for Class A roofing (City of Saratoga Code 16-15.080). 4. Early Warning Fire Alarm System shall be installed and maintained for the new secondary dwelling unit. The alarm contractor shall submit three (3) copies of working drawings to the fire district for review and approval. The alarm system must be installed by a licensed contractor. The fire district must issue a permit prior to the installation of the EWAS system (City of Saratoga Code 16-60). 5. Automatic sprinklers shall be installed for the new 1,676 sq ft secondary dwelling including any garage, workshop, storage areas and basement. An NFPA 13D sprinkler system is required (see S&R SP-1 for requirements). The designer/architect is to contact the appropriate water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. The suppression contractor shall submit three (3) copies of working drawings and calculations to Saratoga Fire District for approval. The sprinkler system and underground water supply must be installed by a licensed contractor (City of Saratoga Code 16-20.165 for designated Hazardous Fire Area, all new buildings except accessory structures ~ 500 sq ft).. 6. Driveways: Site Plans scale the existing driveway, appears to be less than minimum standard of 14 feet. Existing driveway shall be a minimum of fourteen (14) feet wide with a one foot shoulder on each side (City of Saratoga Code 16-15.200, as required by Saratoga Fire District). a. Unobstructed vertical clearance shall be not less than 13 feet 6 inches (CFC 902.2.2.1). b. Slope not given on site plans. Maximum driveway gradient shall not exceed eighteen percent (18%) for more than fifty (50) feet. c. Finished slopes from level to `12.5% shall have at least a six inch aggregate base and adouble-coat oil and screening surface or equivalent. d. Finished slopes greater than 12.5% to15% shall have at least a six inch aggregate base and a two inch asphalt concrete surface or equivalent. e. Finished slopes greater than 15% to 18% shall have at least a six inch aggregate base and four inch rough-surface (Portland Cement) concrete surface or equivalent. 7. Security Gate: Address has existing electric gate measuring 13 feet 9 inches opening which is acceptable. Gate access for the fire department shall require an approved lock box or -other approved method which is purchased directly from Saratoga Fire. Details shall be shown on building plans (CFC 902.4). 8. Premises Identification: Determine if the secondary dwelling unit will have a separate address or use the main dwelling address. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property (CFC 901.4.4). APPROVED: HAL NETTER PLAN CHECKER: HAL NETTER 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 October , 2006, that I deposited 34 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: 503-69-028- 21891 Via Regina; that on said day there was regular communication by United States Mail to the addresses shown above. .~r- -'~ 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 25`h day of October, 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 v~~ww.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: DR06-365 / 21891 Via Regina APPLICANT/OWNER: Rockwood Design Associates, Inc/Guldimann APN: 503-69-028 DESCRIPTION: The applicant requests Design Review approval to construct a new second dwelling unit. The dwelling will consist of a basement and an above grade garage. The site is located in the Hillside Residential (HR) zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-45.060. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, October 16, 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 October 2, 2006 500' Ownership Listing Prepared for: 503-69-028 TILL M & DONNA GULDIMANN 21891 VIA REGINA SARATOGA CA 95070-4861 503-13-067 WAI-YAN & TSAI-PI HO OR CURRENT OWNER 22121 LINDY LN CUPERTINO CA 95014-4836 503-13-102 ROBERT M & CAROL KARR OR CURRENT OWNER 13951 VISTA REGINA SARATOGA CA 95070-4865 503-13-124 DAVID R & DAWN KOCSIS OR CURRENT OWNER 13945 VISTA REGINA SARATOGA CA 95070-4865 503-69-007 ANTHONY N & LINDA HOEBER OR CURRENT OWNER 21786 VIA REGINA SARATOGA CA 95070-4876 503-69-011 DELORA SANFILIPPO 18809 COX AVE TE-20 SARATOGA CA 95070 503-69-020 PRITHVI & ANITA RAJ OR CURRENT OWNER 21848 VIA REGINA SARATOGA CA 95070-4845 503-69-023 DERTOROSSIAN 1992 OR CURRENT OWNER 21978 VIA REGINA SARATOGA CA 95070-4864 503-13-091 V K & I JAYAKUMAR OR CURRENT OWNER 13941 VISTA REGINA SARATOGA CA 95070-4865 503-13-118 ROLSTON JOHNSON OR CURRENT OWNER 13999 VISTA REGINA SARATOGA CA 95070-4865 503-69-003 VIA REGINA ROAD INC 18809 COX AVE TE-20 SARATOGA CA 95070 503-69-009 MICHAEL W SIMPSON OR CURRENT OWNER 21818 VIA REGINA SARATOGA CA 95070-4845 503-69-017 WILLEM A & SANDRA KOHLER OR CURRENT OWNER 21842 VIA REGINA SARATOGA CA 95070-4845 503-69-021 INTRACORE LLC OR CURRENT OWNER 21860 VIA REGINA SARATOGA CA 95070-4845 503-69-024 BRUCE & VITA BRUNO OR CURRENT OWNER 21970 VIA REGINA SARATOGA CA 95070-4845 503-13-101 SHINS & TSUI YAO OR CURRENT OWNER 13947 VISTA REGINA SARATOGA CA 95070-4865 503-13-119 BRADLEY S & SUSAN BAKER OR CURRENT OWNER 13991 VISTA REGINA SARATOGA CA 95070-4865 503-69-006 MICHAEL & ZDENKA RASHKIN OR CURRENT OWNER 21780 VIA REGINA SARATOGA CA 95070-4876 503-69-010 FENG-SITYANG R HSIAO OR CURRENT OWNER 21800 VIA REGINA SARATOGA CA 95070-4845 503-69-019 RUSSELL G & SUSAN PERRY OR CURRENT OWNER 21846 VIA REGINA SARATOGA CA 95070-4845 503-69-022 ALEXANDER E & JILL FRIES OR CURRENT OWNER 21950 VIA REGINA SARATOGA CA 95070-4845 503-69-025 JIANG-WEN 21995 VIA REGINA SARATOGA CA 95070 • • 503-69-026 503-69-027 503-69-028 HANNELORE E THOMAS JOHN W & SHEILA DALY TILL M & DONNA GULDIMANN PO BOX 2517 OR CURRENT OWNER OR CURRENT OWNER SARATOGA CA 95070-0517 21931 VIA REGINA 21891 VIA REGINA SARATOGA CA 95070-4861 SARATOGA CA 95070-4861 503-69-029 GARY A & YII-DER HLADIK OR CURRENT OWNER 71 VIA REGINA TOGA CA 95070-4861 503-69-032 ARTHUR F OKUNO OR CURRENT OWNER 21811 VIA REGINA SARATOGA CA 95070-4805 503-78-005 ANDREW J & PAMELA BROWN OR CURRENT OWNER 21952 VILLA OAKS LN SARATOGA CA 95070-9743 CITY OF SARATOGA ATTN: SHWETA BHATT 13777 FRUITVALE AVENUE SARATOGA CA 95070 • 503-69-030 503-69-031 PAPKEN S & CLARA DERTOROSSIAN THOMAS B & CONNIE LAWRENCE OR CURRENT OWNER OR CURRENT OWNER 21851 VIA REGINA 21823 VIA REGINA SARATOGA CA 95070-4861 SARATOGA CA 95070-4861 503-69-033 CHARLIE C CONKLIN OR CURRENT OWNER 21799 VIA REGINA SARATOGA CA 95070-4805 503-78-004 BLAITTLER CONSTRUCTION INC 2490 CLUB DR GILROY CA 95020-3016 503-78-006 SURENDRA B MANDAVA OR CURRENT OWNER 22010 VILLA OAKS LN SARATOGA CA 95070-9743 503-78-007 DIERCKS FAMILY TRUST OR CURRENT OWNER 22068 VILLA OAKS LN SARATOGA CA 95070-9743 • • Attachment 3 • City. of Saratoga Neighbor Notification Form Date: - ~ ._ C~' ~ / ?c~ ~ .~. PROJECT' ADDRESS: Z ~ ~ I ~ I ~ 12 E~ r i~_~_ S ~1 R a T~ ~ ~ ~ ~ ~ ~ ~ Applicant Name: ~f SCyC ~i' i)/ 1~A1~ ~~~~ 11~ Application Number: Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they tray have directly to the applicant. Please ensure the signatr~re 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 daze during the actual public review and appeal periods. PLEASE SELECT' ONE: My signature below certifies the following: I have reviewed the project plans; I undeistand 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. _~ I~4y 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): _ ~ ~`~ ~-e- ~~ M ~ ,~, / Neighbor Name: ~~~ k-L ~ ~ ~ ~~~ E ~ L ~ ~ ~~ ~S I ~-'" Neighbor Address: 2 ~ ~ ~~_~f [ 'I~r ~~ 1 Vt' ~~~ 1'~ IU~!/~ ~ q~~~"D Neighbor Phone #: ~ (} ~ ~(~ ~- ~(.~ ~!~ Signature: ~ Printed: ~~ _ } C ~ ~- t +R C z ~~ Q r---rd Yv SS (~ h City o Sarato a Planning Department . f 8 Neighbors Name: Papken & Claire Der Torossian 21978 Via Regina, Saratoga, CA 95070 (408) 867-7286 phone We have a few concerns with the present plans. We believe our neighbors, the Guldimann's, could easily modify the plans to make it much more friendly to the neighbors including us. 1- The proposed building unit could be set farther from the property line (we believe city of Saratoga requires 50 foot set back in this zone from the property line). Via Regina is a private road and our property as well as the Guldimann's property have a 60 foot wide road between the two property lines. The Via Regina road inc. owns the road and we aze stockholders as well as a few other long time residents. 2- The proposed building is situated with a floor to ceiling glass paneling facing easterly and south-easterly which is directly aimed at our home. We would prefer the glass floor to ceiling windows on the proposed building to view more westerly and north or south westerly. This will preserve the privacy we have maintained for 32 plus yeazs. 3- The glass azea which is on the east & south side of the proposed building could be reduced by walling off the bottom 5 to 6 feet to give us more privacy and still allow adequate-light and window area to the building. 4- The proposed building could be moved farther to the west and south of the property. The Guldimann's have over 5 acres. We believe the new building could be located on the South or West or North side of their property and still give them and us more privacy. 5- The present building site & plans give maximum privacy & convenience to the Guldimann's at the expense of the neighbor. • Papken And Claire Der Torossian 21978 Via Regina Saratoga, Ca.95070 408 867 7286 r~ Ms. Shweta Bhatt Oct 12,2006 ~~ ~ ~ L !~ ~`~ ~- Assistant Planner ~ ~j City of Satratoga ~ OCT 1 "r 2006 '" 13777 Fruitvale Ave ciT~v or SA;w i ui;;~., Saratoga, Ca 95070 ~~'"~~'~{"~ Ref: Application/address: DRo6-365/21891 Via Regin Applicant /Owner: Rockwood Design Associates,Inc/Guldimann APN:503-69-028 Dear Ms. Bhatt; This is to make a few comments on the proposed second home to be built as referenced above .. 1: The .building looks directly at the front entrance to our home with expansive floor to ceiling glass windows. We suggest that the building be rotated 90 degrees to avoid facing directly at our•home and adversely affect our privacy in the hillside Zoning area . The present design gives maximum privacy to the Guldimann's and minimum privacy to us . It is on their property and it is their second house . They are "EXPORTING" their lack of privacy to us ..It is too close to their primary house 2: The second dwelling could be built farther south and westerly part of the Guldimann's very large and beautiful six acre parcel . This will give -them and us maximum privacy . It is more balanced and this will meet the city's desire to build a second home . 3: The building is very close to a creek which has already eroded about 30 feet on each side of its banks since we have lived here for the last 30 years . V~~e recommend the. city send their geologist and study the terrain and give us assurances that the erosion will not continue and the new structure is not going to slide into the creek and block the flow of water- . An environmental impact study should be made 4 ; The Creek should be cleaned of all Cement ,Logs,Tree branches and other debris which the Guldimann's have thrown into over my objections This is not only unsightly. It is a serious environmental hazard to the natural flow of swift and abundant quantity of water coming down the hill in the rainy season. It could move the tree branches and cause a blockage at the culvert downstream .this will in turn make the water go over the road and bring Mud and debris into the road and creeks below. .. This happened a few years ago and the Calabazas creek which this creek feeds to was polluted . We have absolutely no objections for our neighbors ,the Guldimann's, building a second dwelling . It is their American right on their property. We feel that the Rights also bring Responsibilities to insure other people's rights . In this case.-Our right to maintain our privacy in the Saratoga hills This , of course is your responsibility to protect all Saratoga residents Thank you very much for your kind consideration . Sincerely Yours Papken and Claire Der Torossian • • City of Saratoga Neighbor Notification Form Date: ~ l t (~ i / PROJECT' ~ DDRL-SS: ~ ~CI ~ y 1 Gl ~L ~ ~ i~. Applicant Name:=~~ ~1 F'1C~ ~ ~1 ~ ~ ~ ~ ( ~~ lC~ l t'~t/~CC a`I 1`1 Application lumber. p ~ ~G ~3~ Stafjancf the Planning Co~nnaission prefer J1~at neighbors take this opportunity to e.rpress amp c•vncer-ns or issues then nary hm.e directlt~ to the applicant. Please ensure the signature on this document is representative o~'all residents residing on 1'cu.{r property. Re;~ardless oft{te opini.on expressed helow, ynar reserve the right to amend ~oarr opinion at ca lcaler date da{ring the nc•laan/ public review and appeal periods. 1'L,LAS/I SI:;LECT ONE: V i\~Iy siLiiature below certifies the following: I have re~~ie4ved 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 ~n_the proposed project. \~Iy signature below ceitif"ies the. follu~~~ing: I have rer-iewed 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. ~Iy concerns are the follor~ing (please attach additional sheets if necessary): Neighbor name: ~'~ ~ ~L~ ~~~~ Neighbor :\ddress: ~.1 ~ ~ l V,~ ~EG-wra ~~? J{T OCt/~ f ~~ ~.~~~~ Neighbor Phoue /{: ~~~` ~6 ~ " `~~ 3 Signature: Printed: City of Saratoga Planning Departarzent City of Saratoga Neighbor Notification Form Date: ~ l ~ PROJE A DRESS: ~ ~ ~ ~ ( ~+~~ ~-~- '~.'~ C1 i c~~ , Applicant Name: ~'~ Q t1 (~• t( -' l,f ~ l~ (y1(t 1'1 ~ Application Number: ~/ R ' ~6 ~ 65^ Staff and the Planning Conznai.ssion prefer that neighbors take this opportatnity to express any concerns or issues they nzav have directly to the applicant. Please ensure the signature on this document is representative of all residents residing on yoatr property. Regardless of the opinion expressed beloN~, you reserve the right to amend your opinion at a later date during the actual public review and appeal periods. PLEASE SELECT ONE: ~f. Ivly 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. 1~•1y 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: ~~ ~ ~` A'° ~ ~ ~~•~ ~ ~ /~! i Neighbor Address: S~~Ns~fc~ j~~cj ~ / , //~ ~` G'~'~,~ieighbor Phone #: Signature: Printed: ~c~ ~~~ 7 - /~~~~ • • Cr.'ty of Saratoga Planning Department City of Saratoga Neighbor Notification Form Date:' f ~ ~ PROJECT ADDRESS:_~ I ~~ ~ V f~C~ ~•~~~'t,''1C?~ `,~l'~~•~~~~ Applicant Name:~C' i!1 ~~ ~d1 ~ + ~ I ~ ~ iA ~C~ ~ /~1c Vl t`1, Application Number: ~~ R - OG 36 S Staff and the Planning Conimissr'on prefer that neighbors take this opportunity to express an_y concerns or issues they naay have directly to the applicant. Please ensure the signature on this-document is representative of a.ll residents residing on your property. Regardless of the opinion expressed belotiv, you reserve the right to amend your opinion at n. later date during the actual public. review and appeal periods. PLEASI/ SELECT ONE: My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant prior to the City's public hearing on the proposed project. My signature below certifies the following: I have reviewed the project plans; I understand the scope of work; and I have issues or concerns, which after discussion with the applicant, have not been addressed. My concerns are the following (please attach additional sheets if necessary): Neighbor I~Tame: ~~,5 ct.c k ~I~c~. ~ =' Neighbor Address: ~~ C/ ' ~ ~~/ / ~ oz-L i V., ~ q `-~ /~ -~cr®~ ~/' Neighbor Phone #: ~~/ "~U / 3 Signature: Printed: ~~~~ .- r I City of Saratoga ~ Planning Department • Attachment 4 • ROCKWOOaDESIGN associates, inc. City of Saratoga Planning Department 13777 Fruitvale Ave. Saratoga, CA. 95070 Attn: Shweta Bhatt i v ~' J ~ 13 2~p6 ,' ~C ~pGP RE: Application 06-365; Design Review Project Address: 21891 Via Regina To whom it may concern- 10/11 /06 ~'.OS.:.':1.0~ °9 ..~_.~ ~~g ~zs~!-. ~~.~G.-. =~~iE d Scrc?OGd,Co cS0(0 rockwood-design.com The following letter and supporting documents are in reference to the proposal our firm has submitted on behalf of our client Till and Donna Guldimann for a Secondary Unit to be located on their Saratoga property. We have submitted the completed Neighbor Notification forms and only one neighbor has concerns that we hope to resolve with our proposal herein. I have attached a copy of the concerns addressed by our neighbor and 1 would like to discuss them as follows: The first comment is that our proposal could be set further back from the property line. Our neighbor believes there is a 50'-0" setback, however, the front yard setback for our property is 30'-0". During my site meeting with our neighbor, we discussed the location of the proposal and I realized that the neighbor understood that our structure would be located just off of the street, at a 30'-0" setback. I explained that our proposal is actually located after the screen-wall of evergreen foliage 130'-0" from the property line. I have included a site section that illustrates that the distance from the neighbors residence to our proposed secondary unit is 290'-0". During my site visit with the neighbor on the 4th of October, they informed me that the drainage ditch next to the street is actually a creek and that our proposal would cause erosion. I have confirmed with our Civil Engineer, United States Geologic Survey and the Santa Clara Valley Water District that this is local drainage and runoff. It may indeed end up in Calabazas creek, but it is not a creek itself and as such we have no further setbacks. The neighbor also brought up concerns about my Client filling the drainage area, but I am not willing to address this as it does not have anything to do with our proposal. This is a neighbor dispute and should be left as such. In regards to the floor to ceiling glass that we have proposed facing easterly and "aimed" at our neighbor, I must state once again that we are 290'-0" away from their residence. Furthermore, an evergreen ravine separates the two properties. I do concede that our glazing faces in the direction of the SIDE elevation of our neighbors residence; but at that distance and in consideration of the dense vegetation that separates the properties, we do not feel we have taken away from the privacy of the neighbor or the community. Our neighbor has also brought up the fact that my Client owns more than five (5) acres. • Fortunately, the size of property does not relate to the location of buildings and structures. As stated above, the required setback is 30'-0" from the front property line. We have located our proposal in an area that has access from the main driveway, and has a gentle slope that allows us ROCKWOOaDESIGN 'associates, inc. to step the proposal into the topography more than 130'-0" from the property line. Any other location on our site would require more excavation and impervious coverage. We feel that the chosen location is perfect for our proposal and, as our neighbor states "gives maximum privacy and convenience" to my client. However, we do not feel the privacy and convenience has been achieved at the expense of our neighbor. Our privacy has been achieved by the more than 290'-0" that separates our proposal from our neighbors residence as well as the evergreen screen-wall that separates our property. However, we understand that our neighbor is concerned about their privacy and we would like to mitigate their concerns. As such, we have proposed landscaping to further screen our proposal from our neighbor. We have revised our landscape plan (Sheet L 1) to include a row of five (5) 24" box size Laurus Saratoga made available by the Saratoga Horticultural Foundation. This shrub shall be planted 15'-0" apart and is anticipated to grow to a height of 15'-0". We would also propose a row of Heteromeles arbutifolia (Toyon), 24" box size to be located 15'-0" on center located closer to the 30'-0" front yard setback that are anticipated to grow to a height of 25'-0". ~cs.;~,.e,s~ 1..j ,r'._ jL h:G I;:G~~I"': V:'a V, SURE 6 -=.zrzroaz ca rockwood-desig I have attached a copy of the Landscape Plan (Sheet L 1) for reference to the location of the proposed landscaping. I have also attached Sheet A8 that illustrates the section through the property from our neighbor to our proposed Secondary Unit and proposed landscaping. Please note that we have not included any of the existing vegetation in this site section. I have included landscape photographs that were taken from the entrance gate to our neighbor's property looking towards our proposed site. However, from this vantage point, you can't see our site. I have also included a photograph that is taken from my Client's driveway that shows the vegetation that separated our site from our neighbor's residence. A third photograph shows the expanse of the foliage that separates the property taken from the upper portion of our proposal. While these illustrations serve as a reference, they do not adequately display the distance that separates us from our neighbor nor do they show just how dense the foliage is that screens us and creates-our mutual privacy. . We hope that the Planning Department and Planning Commission approve our proposal and our proposed mitigation. If you have any questions or comments or require any additiorial information, please do not hesitate to contact me at your earliest convenience. Respectfully- ~~ ~ Adam Rockwood, AIA Associate Rockwood Design Associates, Inc. Attachments: Site Photographs Sheet L1-Landscape Plan Sheet A8-Site Section i .. '7 .. a~ ,:~y ~a~ ~" ':. N ..5 Y,C,K ~ . C ~~ , ~ ~_ ~~~ '~ (0 0 `~ ..r 1 ~ , C O O a (0 ~'ab N £# ~_ ~ ~ L ~ t uk [fl ~ %~ ,~ ~ t s~ > ~' W. ^ _ _ ~*~ ,. ~ i "~ 3~ LL 3 ~ ~ ~ ~~ 3~ ` ~A`~ _.°"' e. ~ifY~i „ ,,y„~,n t~7 • Attachment 5 • O L O S 6 ~~ e 6 0~ e a e s e u i 6 a~ e i n l 6 8 l Z a s n o H T s a n g a o u a p i s a b u u e ua i p ~ n g '~/Gi ~~~ `mod 7. ~c'1 d~y~ ''O ~~ O 1' -~ J~ V v~ /A~`~ c O +•+ U Q (') 7 N aY V ~ LL ~ ~ N If . 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