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HomeMy WebLinkAbout12-12-2006 Planning Commission PacketCITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, December 12, 2006 - 3:30 p:m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOVdING ITEMS ON THE PLANNING COMMISSION AGENDA • ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. APPLICATION #07-136 2. APPLICATIOI~T #06-161 3. APPLICATION #07-116 Haas/Kato 1777 Saratoga Ave. Blue Rock Shoot Cafe 14523 Big Basin Wy. Cinnabar Vineyards & Winery 14612 "A" Big Basin Wy • 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. P:~PC SITE VISITS~Site Visits~20061SVA 121206.doc CITY OF SARATOGA PLANNING COMMISSION • ~ STUDY SESSION AGENDA DATE: Tuesday, December 12, 2006, 5:00 p.m. PLACE: Administrative Conference Room located at 13777 Fruitvale Avenue, Saratoga, CA 95070 TYPE: Adjourned Regular Meeting ROLL CALL REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, -the agenda for this meeting was properly posted on December 7, 2006. APPLICATION #07-082 (City Ride) Draft Land Use and Open Space/Conservation Elements of the Saratoga General Plan and l~Tegative Declaration: The proposed project includes an update of the City's Land Use and Open Space/Conservation Elements of the Saratoga General Plan and Negative Declaration. 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. 1. Land Use 5:00 pm - 8:00 pm 2. Open Space 8:00 pm - 9:00 pm The study session is an .information meeting for the Planning Commission. No decisions will be made at this meeting. Adjournment To Regular Planning Commission Meeting Wednesday, December 13, 2006, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA • PLANNING COMMISSION STUDY SESSION MEMORANDUM TO: Planning Commission FROM: Therese M. Schmidt, AICP ~ ~. Associate Planner MEETING DATE: December 12, 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. This item was continued from the November 8, 2006, Planning Commission hearing by the Planning Commission to provide the Commission with another opportunity to study the proposed documents and to ask for additional clarification from staff and the consultant. Public Noticing This item was continued from a properly posted meeting to a date certain. No additional noticing is required. • l'f.rnitiit~ Cnrtrnti+sinrt. Stzuh Se~sintt A1e'irtcn-ctrtcltant t ''~Y%(5 2 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 by the Planning Commission are binding or required to be carved through to the formal public hearing where actions will be taken on the proposed project. ATTACHMENTS: 1) Outline of Changes and Modifications to the Initial Study/Negative Declaration. 2) Response to Environmental Comments, Amended Exhibits, Letters of Comments, Notice of Intent to Adopt a Negative Declaration, Initial Study. 3) Memo from the Consultant to the Planning Commission dated. December 4, 2006, regarding Issues from the November 8, 2006 Public Hearing on the Draft Land Use and Open Space/Conservation Elements. 4) Draft Land Use Element Dated November 1, 2006 5) Draft Open Space Conservation Element Dated November 1, 2006 • • • Attachment 1 City of Saratoga Initial Study/Negative Declaration Draft Land use and Open Space Conservation Elements Corrections and Modifications November 30, 2006 The following changes and modifications are hereby made and incorporated by reference into the Initial Study/Negative Declaration document that was released by the City of Saratoga on August 25, 2006 1) Project Description. a) The listing of Goals for the two proposed Elements identified in the Initial Study are superseded by Goals that maybe modified by the City Council as recommended by the Planning Commission. b) Table 1. The finial list of General Plan categories may be modified by the-City Council. c) Table 1. The proposal to redesignate the approximate 9.7-acre site at 13025 Saratoga Avenue (the Abrams property) from the PA designation to the CR land use designation is no longer a part of the proposed project and all references to this action are hereby deleted from this application by reference. This included amended Exhibit 8 as attached to this document. d) Exhibit 6 is hereby amended to include additional properties that are proposed to be redesignated from QPF, PF and CR to CFS in downtown area. (See attached amended Exhibit 6). Six parcels added to this exhibit are currently designated CR but are developed with public/quasi-public uses. Therefore, no significant impacts are anticipated with this change. e) Exhibit 6. The name of "Lomas" is hereby changed to "Lomita." (See attached amended Exhibit 6). 2) Section 1V. Environmental Checklist. All references made in this section to "strategies" are hereby changed to "policies." The final number and wording of goals and policies are subject to modification by the City Council as recommended by the Planning Commission. 3) Section 1V, Environmental Checklist, Item 15, Traffic and Transportation. The discussion regarding the proposed redesignation of the Abrams property in this section is hereby deleted by reference and included by reference into the initial Study. W ..SEE INSET BELOW j'~~~ ~/J!~j~,y ~\\ ~ ' .a l` > . • ~ \~, 1 q ;'s 4 • ~~ \ ~ ~~a ~ ~ .~ r -g ~ ~ \ %~ w ~ / OAK `~ \ ~QQ LOMIT ~ ~~. O~ \ ~ P~ / ~ / / \ ~ SARATOGA-LOS r \ds~ \ ~" ~ '•' 0 ~ e~° / ~ F ~ / i / / Ta 00 ~ ~ ~ ~\ ~ / % % ` _ `o l HILL ~~ _~ r i ~ ~ ~ ,N Land Use Map Amendments Exhibit 6 ® QPF to CFS ® PF to CFS ® RLD to RV LD CR to CFS. ^ CR to OS-MR Page 18 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Revised November 29, 2006 t ~ • • ® QPF to CFS ~~~~ QPF to RM 10 ~~~ s~a5 PUC to SR85 C] Page 20 ® PDM to PA MUPD to RM10 _-- ----_ --- -- -- - Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Revised November 29, 2006 Land Use Map Amendments Exhibit 8 i~ • Attachment 2 • • October 30, 2006 `~ City of Saratoga Land Use & Open Space/Conservation Element Amendments Response to Environmental Comments Introduction The City of Saratoga issued a Negative Declaration for this project on August 25, 2006, to ensure California Environmental Quality Act compliance. The proposed project includes consideration of an updated Land Use and Open Space Conservation Elements. The Negative. Declaration was published and circulated fora 30-day review ending on September 25 2006.. Comments received: 2006. The A Study Session was held by the Planning Commission on September 27, Planning Commission directed that the following changes be made to the Project Description and related attachments of the Initial Study/Mitigated Declaration for the project: 1. Delete all references to redesignation of a 9.7 acre parcel at 13025 Saratoga Avenue, as follows: • Table 1: Delete reference to parcel under PA (Professional Office Land use Map Amendment (page 11); • Exhibit 8: Delete parcel from map; delete CR to PA from legend; • -Land Use Discussion: Under a) -delete third sentence in first paragraph; • Traffic and Transportation Discussion: Under a-b) -.delete third paragraph; Response: Noted. Any and all references to redesignation of subject parcel are hereby deleted from the Initial Study/MND, accordingly. 2. The following maps require correction/clarification: • Exhibit 6: • QPF to CFS designation should- cover entire Cemetery parcel; • Show Blaney Plaza parcel to be redesignated from CR to OS-MR; • Delete PA to CR in legend; --- - Response: Corrections noted. Exhibit Amended and included in Attachment 1. City of Saratoga Page 2 Response to Comments Draft Land Use & Open SpacelConservation Elements October 2006 • Exhibit 8: • Show redesignation of parcel on Sousa Lane -from QPF to CFS; Response: Corrections noted. Exhibit Amended and included in Attachment 1. • Exhibit 10: Show redesignation of San Marcos Open Space (city-owned parcel) from QPF to OSMR • QPF to RVLD only applies to four parcels on Via De Marcos; • City owned parcel (San Marcos Open Space) from RVLD to OS-MR; Response: Corrections noted. Exhibit Amended and included in Attachment. • Add land use exhibit for parcels to be redesignated to Highway 85, near Saratoga Avenue. Response: Correction noted. Exhibit 11 added and included in Attachment 1. Nine comment: letters referencing the Initial Study and Negative Declaration were received during the comment period, at the Study Session on September 27`h, and on October 11, 2006: No. Commenter Date 1 West Valley Sanitation District 9/12/06 2 Santa Clara Valley Trans ortation A enc 9/25/06 3 Santa Clara Valley Water District 9/25/06 4 Maureen Hill 9/25/06 - 5 Jeffrey Hare 9/26/06 6 Kathleen Case Coakle 9/26/06 7 Cheriel Jensen 9/26/06 8 Mary Robertson 9/27/06 9 Barbara Stewart 9/27/06 10 Valerie Fitch 9/27/06 11 Sandra Cross 9/27/06 12 Alan & Meg Giberson 10/11/06 Copies of these letters are included in Attachment 2. Following are responses to each of the comment letters. 1) West Valley Sanitation District • Comment l: The District notes that the proposed changes to the Elements will have no impact to District facilities. _ City of Saratoga Page 3 Response to Comments Draft Land Use & Open Space/Conservation Elements October 2006. Re~onse: Comment acknowledged. No further response is necessary. Comment 2: The District requests that the District be added to the Discussion section at the bottom of page 52 of the Initial Study. Response: The West Valley Sanitation District is hereby acknowledged as providing wastewater treatment and disposal services. within Saratoga and this is included by reference into the Initial Study. 2) Santa Clara Valley Transportation~Authority Comment: The District has no comments on the Initial Study at this time. Response: Comment acknowledged. No further response is necessary. Santa Clara Valley Water District Comment 1: The District notes several discrepancies between the checklist and Discussion of Impact section in the Initial Study as noted in the comment letter Response: In all .instances the finding of significance contained in the Discussion section of the Initial Study take precedence over the table designations. These corrections are hereby included by reference into the Initial Study document. Comment 2: The District notes that cumulative impacts to groundwater recharge areas an increased watershed runoff maybe significant as development continues. Please describe how cumulative impacts are determined.. Response: The proposed amendment that would adopt the updated Land use Element of the General Plan makes no significant changes to the buildout potential for the City of Saratoga over cumulative, buildout potential under the existing Land Use Element, Therefore, cumulative impacts to groundwater recharge areas and increased watershed runoff is anticipated to be less-than-significant. 4) Maureen Hill Comment: The commenter asks when the General Plan Update was initiated, what was the process for noticing the project, when and in what format were community meetings held and what is the basis for the adequacy of the CEQA determination ofthe-project and how will the City comply with CEQA for the General Plan as a complete document. City of Saratoga Response to Comments Draft Land Use & Open Space/Conservation Elements October 2006 Page 4 Response: In responses to the first three questions regarding initiation of the General Plan update, public notification of the General Plan Update- and format of community meetings regarding the general Plan Update, these are not related to the CEQA aspects of the project and will be responded to by City staff or consultants as part of the public hearing process. Regarding the basis of the adequacy of the CEQA determination for the project, .City staff and City consulting staff have prepared an Initial Study pursuant to CEQA addressing all of the topics mandated by CEQA. The Initial Study was circulated for a 30-day public review period as mandated by CEQA. The City Council will ultimately determine the adequacy of the CEQA documentation recommended by City staff. In egard to the comment concerning CEQA compliance for other General Plan Elements, no other Elements are proposed to be amended at this time and no CEQA documentation is required until amendments are proposed. 51 JeffreYHare • Comment: This comment letter constitutes a formal objection to the proposed Dra$ Land Use and Open Space/Conservation Elements of -the General Plan. Copies of all documents, writings and other. public documents pertaining to the project, including he Initial Study, is requested. Response: The objection to the Draft Elements is noted. The City of Saratoga is in process of collecting all public documentation regarding the project as requested by the commenter. 6~ Kathleen. Casey Coakley Comment l: The commenter states that she also represents five other individuals who oppose the proposed Land Use Element and Open Space/Conservation Elements updates. The City should vote on the updated elements after the .November elections. This includes an annexation program. The commenter would stop annexations since these hurt the future needs of Saratoga residents, since they will be responsible for old county roads, water and sewage. Landslides and water supply problems are a big expense. Response: The commenter's concerns about the proposed Elements of timing of City Council consideration are noted. Concerns regarding the City's annexation policy is also noted. - • . City of Saratoga Page 5 -- Response to Comments Draft Land Use & Open Space/Conservation Elements October 2006 7) Cheriel Jensen Comment: The commenter raises issues with regard to missing policies in the Draft Elements, lack of public participation, lack of an EIR to assess impacts of the proposed Elements, incomplete information and a missing land use designations. Response: The commenter's concern regarding the draft Land Use and Open Space/Conservation Elements. These concerns will be considered by the Planning Commission in their deliberations regarding the proposed Elements and the City Council as they act n the proposed Elements. 8) Marv Robertson Comment 1: The commenter is concerned about lack of sufficient noticing of the September 27, 2006 Planning Commission study session. Why are not area plans. also being considered? The commenter has concerns about the proposed Open Space/Conservation Element. The commenter also has concerns regarding references to the Master Plan of Parks and Trails. A concerns is raised regarding OSC Strategy 12.1, which regards maintaining and increasing an Urban Forest, This should require full design review and an EIR should be prepared as well. In sum,. the commenter strongly opposes adoption of the proposed Elements. Response: The commenter's concern regarding the draft Land Use and Open -Space/Conservation Elements. These concerns will be considered by the Planning Commission in their deliberations regarding the proposed Elements and the City Council as they act n the proposed Elements. Regarding the Open Space/Conservation Element Strategy concerning Urban Forests, this is a recommended strategy only. If adopted, the City would-need to prepare additional plans for the Urban Forest, as well as consideration of CEQA. 9) Barbara Stewart Comment: The commenter asks about public noticing for the September 27, 2006 Planning Commission workshop and asks that discussions be tabled until appropriate noticing is given. Response: Notice of the Planning Commission workshop was given consistent with State Law. The Commission has scheduled other workshops and public hearings to review the Draft Elements. • City of Saratoga Page 6 Response to Comments. Draft Land Use & Open Space/Conservation Elements October 2006 10) Valerie Fitch Comment: The commenter cannot attend the September 27, 2006 Planning Commission workshop and wishes to adopt the letter sent by Mary Robertson (Letter 8). Response: This comment is acknowledged and no further response is required. 11) Sandra Cross Comment: By filing a Negative Declaration, the City will attempt to avoid an EIR and any mitigation, After an overturn on a proposed utility tax, the Draft Open Space/Conservation Element allows the Council to impose taxes. These changes should be opposed Response: This comment is acknowledged and no further response is required. 12) Alan & Meg Giberson Comment: -The commenters. believe an EIR should be required before this document can be accepted by the City Council. The proposed Draft Land Use Element is lacking in detail and, in some instances, is erroneous, that it cannot function as stated in the Draft Element,. Specific concerns include: • • a) The maps of specific parcels do not clearly. specify actual boundaries of the specific plans and should be clarified- so that the general public and decision makers can understand where these parcels are located. b) Some of language included in the Draft Element is non-specific, such as goals related to the Village Specific Plan. c) Some of the language in the Vision Statement lacks definition and are meaninglessly vague. d) No Land Use Diagram is included e) The term "net area" should be better defined. f) The definition of impervious surface is incomprehensible. g) Site coverages and densities for Medium Density Residential and multi-family appear reversed. h) Allowing up to 100% coverage in the Village area would increase density beyond that traditionally accepted and valued in the area. The Study and an EIR should precede acceptance of value. i) The Draft Land Use Element is incorrect that the OP-S (Open Space-Private) land use designation is only applied to the Saratoga County Club. is incorrect. This designation is -also applied to a private open space grant made by owners D. Jon Cary and Teresa Cary affecting APN317=22=112.-- • City of Saratoga Page 7 Response to Comments Draft Land Use & Open Space/Conservation Elements October 2006 ~, ~" Response: Regarding the comment that an EIR be prepared to satisfy CEQA requirements for the proposed Draft Land Use and Open -Space/Conservation Elements, City- staff has prepared an Initial Study as required by CEQA and is recommending certification of a Negative Declaration. This final decision regarding certification of a Negative Declaration versus preparation of EIR will be made by the Saratoga City Council. Other comments regarding the content of the Draft Elements are acknowledged and will be addressed as part of the public hearing process for this project. ~r • • Attachment 1 (Amended Exhibits) City of Saratoga Land Use & Open Space/Conservation Element Amendments Initial Study/Negative Declaration Response to Environmental Comments October 30, 2006 • ,. i. Land -.Use Map Amendments Exhibit 6 QPF to CFS ~ RL.D to RVLO! PF to CFS -----}tea-££-f~ '~,~I,~~G ltd : ~ CR fo aS-MR Pa$e ~e:- Mtiiar s~udy Crly of Sarai~e Drag land tlse & Dpen.$pace/~SServation E1emeMs Augusf20D6 Land Use Map Amendments Exhibit 8 QPF to CFS ~ PDM to PA. ~~~~~ - -£-~-- ~ MUPD to RM10 .. .... .... PF to. RM1© sRa PUC to S R8S ; : ; : Q Pager Initial Study: cry ofSara&~ga Dreft:tand Use 8 Open 3peaelConservet~on Elements August 2006 • • • • i• Land Use Map,Amendments Exhibit 10 QPF to CFS QPF to RVLD c-~y of sa-atoge Graft l.ene time &:gnen Spat~e/Conserva;Joti Elerrtettts A~~t;~aoe ..~ f. • CR to H85 • ~ OS-MR to H85tSPRR M-10 tQ H85 rnn~rstudy Clfy of Sarafoga Draft Land:Use 8 Open Space/Conservation Erements August 200.6 land: Use Map Amendments Exhibit 1 Attachment 2 - - - - -- --- -(Letter-s-of Comments) - -- - • City of Saratoga Land Use & Open Space/Conservation Element Amendments Initial Study/Negative Declaration Response to Environmental Comments _ _ - _ __ October 30. 2006 i__ ! ~ A t i c'~/ t+ A 1.11T A TIO~ D,STDir`T 1 lll~r ~ l 1 J ~1~11 ! /'1 1LLL l J ~W w , l SERVING:RESIDENTS OF . . OITY OF CAMPBELL p A ~ t ~y r ' A OF SANTA CLARA CQUI~I'1 1 TOWN OF LOS GATO$ CITY Of MONTE SERENO CITY OF SARATOGA UNINCOAPOAATED AREA D ~~~~~~ (~~. :September 12, 206 $~p ~ ~ ~~~5 '1 ~... CUMMi%NI i"Y JE~i:1:0°:{.r1t; Theresa:M. Schmidt Community Deve]opment Eity of Saratoga 13777 Fruitvale Avenue Saratoga; CA 9507Q IZE:::Draft Land. Use and Qpen :Space/Consen+ation Elements, Saratoga General-:Plan Dear Ivls. Schmidt: District staff has.reviewed the document. The:proposed changes will have no impact to the:district's ,. sewer system and treatment plant capacity. ? At the bottom of Rage 52, "Discussion", please add-West 1/alley Sanitation District: for providing. -. wastewa#er treatment and disposal within .Saratoga, Please-call me if you hate-:questions: Very truly xours, an K. Lee r Civil Engineer 1 Q0 East Stinnyoaks>;Avenue, Campbell; Califamia 95008-660E Tel: {408)' 378-240.7 ~~x: (408) 36~=1.82`! ,. 09/25%2005 15::52 4083215?87 EMIIROFJ ANALYSIS- PAGE 07 sa.br~ c~~~:~ ,,~~. Yatley Transportt~tion Authority 'September 25, 2(?06 City of Saratoga Community Development Department 13777 ~'zuifvale Avenue Saratoga, CA ~SUZO .:Attention: Therese Schmidt Subject:. I3raft-Land Usc and Open Space Elements of Sazatoga General Flan. );?earI1~S. $clm~idt: Santa C12ra`ValleyTrar-sportziion A:uthority{VTA) staffhavexevier~!ed thelniti~l Study`for-the- .Draft Land Use and 4pcn Space ~~ements of the General Plan: We have no comments at'this time: 'hank you foi the opporCunity_ to review-this project. if you have_azty questions, please call me at j~08) 321-~7$4: - Sincerely, Roy Molseed Senior Ean~vironmental Planner RM:kh • 33.31 Norlb #irsl Stttel • Son lase, CA 55134-15D6 • ~drainis#r~fioa 4®8,331:5555 - tosiomar Seririt! 408,3R1.13~D E•7.TR ~;~. mss"' z~`. 5750' AlMAOEN EXPM~Y 'SAN JOSE, CA 95118-368b TELEPHONE Id08) 335-2~ fAGIMILE-(408) 2b6-0271. ww..w.v611eywaVerarg ~AN e1Ul!t :OPiORTWIRY~fMVWYER~ ' File: 3125:1 Saratoga Creek .September 25, 2x06 Nls. Therese M. Scmidt City of Saratoga 13777 fruitVale Avenue Saratoga, CA 95070. Subject.. Draft-Land Use and Open Space/Conservation Elements of`the'Saratoga General Plan: Dear-Ms. Scmidt: The Santa Clara Valley Water District-.(District) has reviewed- the-City's. notice of lntent'to adopt- a negative declaration for the subject document received on August 25,'2006.: The District has noticed some discrepancies between the environmental checklist tables. and the. descriptions that follow. Please refer to Table 1 for a listing of the environmental factors--:and subsequent categories where the: discrepancies can be found: TABLE 1 Environmental. Factor- Table: Desi nation Descri lion Cultural Resources a No Im acts Less>than Si nificant d Less-than Si nil'icant No Im acts Hazards h No Im`-acts ~ Less than Si nificant H drolo c IVo Im acts -Less than. Si nificant `d No lm acts Less. than Si niilcant No Im acts- Less-than Si nificant Utilities- and Service S stems d Less than Si nificant No tm acts- The-inten# to adopt document states tha# the adoption of he-draft Land Use and.-Open- Space/Conservation Elements would--allow limited -new,development in the Saratoga planning area. The District agrees that environmental impacts-due fo individual developments are, in most gases; limited; however, cumulative impacts to groundwater recharge -areas -and increased watershed runoff may be signil"icant as development continues. Please describe how cumulative impacts-..are .determined. • • The mission o#.fhe-Santo C.toro galley Wpter Distcic# is o heolthy,aeife and enhonced.quulityof living in Sanfa Clora.Co~nty through-watershed stewordskip and comprehensive management of-water resou"rtes in a. prodicai,.cflst-effective:and erwironmentallysensitive,manner. Ms. Therese M: Scmtdt Page 2 Sep#ember 25, 2006 Thank you for the opportunity to review -the environmental documents. If you have any questions, my number is(408) 265-25.07, extension 3:135: .Sincerely, tc ~~~~~~~ ~)~Wendy Jones, P;E. Assistant Engineer Community Projects Review iJnit cc: 8~ Goldie S. Tippets, W. Jones, File (2) sffd t3925ti-pldgc C • Deborah Unao-McCormick From. Jofin Livingstone Sent:. Monday, September 2S, 20Q610;41 AM To: Therese Schmidt: Ccs . Deborah Ungo-McCormick. Subject: fV1l: General Plan upda#e Al-f5997~6.htrtt Hi TYierese Please respond to this e.-mail. Thank .you: John L --.--Original Message----- From: Maureen [malto.:mohillconsulting~?comcas.t.ne:tl Sent:. Sunday,:: September: 24, ;2006: 4:47 FM To John .Livingstone Cc:: dave®saraatoga:ca.us Subject: General-Plan update: I have recently become aware of: the Cit.y's Gene''ral Plan update, in fact according to the Plarming Commisean:Agenda.far-9/27,, a study session is planned, followed`by a public hearing for the consideration of approval of the land use element. I have downloaded-the-Draft Land.Use-Element, however the propased Negative Declaration-and: staff :report.;ss not. included. with the :agenda information available to the public,. As such I have several questions far. 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 pubic.noticing of the project? '3? `When .and in what format were community input meetings conducted? 9) What is the basis ..for the adequacy ;of the CEQAdetermnation for the project? How will he City comply with CEQA for-the General Plan as a complete document? I plan to attend the Planing Commssion studp:sesaion and public hearing; and according to the egenda,the public is limited to 3 minutes:: of `.opening statements: .With this-time. constraint; for :address .to the Planning Commisoners, a timely reply to the issues raised-wi11 be appreciated:.. Please c.al'1 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 1:8:913 Aspes Drue ':Saratoga; CA 95070 P 408-822-0794 _ F._ 40B-$72=0,219 M 408-202--3994; mohi`llcbnsultng~comcas.t'net • ~EFFREY B, T3ARE Attorney at Law A Professional Carporatozi 501.Stockton Avenue San Jose California 951.2Ci Tell 4118-279-3555 Fax: 408-27:9=5$88 Jtihlaw aQpacbeIl:aet September 26, 2006 Via Regular;and E=mail. CATHLEEN BOYER CrrY CLERK. CITY OF SARATOGA 13'777 FRUITVALE AVENUE SARATOGA, CA:95070 RE: OB,JEGTIOv TO I~ECATIti'E DECLARATION AND PUBLIC-RECORDS REQUEST CONCERNING THE FOLi;OwING PRUJEC'1': APPLICATION #07-082 {City Wide} Draff Land-Use and Open SpacelConservation Elements of the Saratoga General Plan-and- Negative-Declaration :Dear Ms. Boyer: This ,letter constitutes a formal objection on behalf of the Neighbors of Keviri . Moran -Park to the proposed Draft Land Use and Open SpaeelConsen!ation;Elements :project, Application #07-082, which has been scheduled for a'Study Session on 'September 27, 2005: Pursuant to. Government' Gode §b25U, et seq..., I hereby request acopy of'anyand-ail documents, writings; and other public records that pertain or in anyway 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 far this project under: the<requirements of the California Environmental Quality Act (CEQAj, Public Resources Code §21000; et seq. Very truly yours, Jeffrey B.-Hare- cc: Richard S': Taylor, Gity Attorney • -,.~. Deborah. Ungo-McCormick .:Page 1 of 2 From; John 1lvingatone 'Sent: Tuesday, September 26, 200610:27 AM 'Toi Dave AncieFson; Detioiah l;ingo-McCormick Cc: Barbara Povuell Subject: FUVc count;this.email as 5 Citizens: OPPOSITION ao 2006 GENERAL. PLAN-voted should waft until after elections! FYt From: Kristin Bore) Sente Tuesday; September 26, 200E 8:00 Al+M1 To: john Livingstone Subjects FW: count this email as.~:Citizens:.OPPOSITIQN to 2006 GENERAL PLAN:-voted should wait until afteC electionsNt From: K;C [mailto:historycalkc@yahoo.com] Sente Monday, September 25, 2406 11:40 PM Tos Kristin l3orel; kboyer@saratoga.ca.us; saratogakc@yahoo.com Subject: count this email as. 5 Citizens:, OPP©SITIQN fo 206 GENERAL -PLAN voted should wait :until. after electionsN! Count this email as S OFPOSTT~ONS by CITI~EI~IS to 2U06 GEN>~RAL FLAN` s I have permission-from- the following people to ingot their. objections about airy approval:foc the300:6 City Council General Plan, (See articles vrritten in Saratoga News-Sept Ob, ariil Sept Z0, 2OOb Stereopticon, written by Willys Peck.) Wiliys Peck Be#ty Peck . t%err}+ English ;~enni Taylor-Young Kathleen :Casey-Coakley Because not -all people have: email; letters maybe post marked, for today! The date 25 September 200.5, vs±hich was a date noted in one copy of ~ general plan, that due_date was:not-clear to:many citizens, because many people didn"t even know about a NEW GENERALPLANI -WHY RUSH to A `NEW PLAN; when a new council beingelected on November 7, which will effect: the nex. t council budgett 1'he;plan that has been used is :dated -1989, .realistically Cit~zeiis;can-wait another b months; Citizens want to wait! The meeting on 27 September,. 2006: Wednesday's planning: will have many citizens giving their opposition! • • • 9/26/2Q06 ~. The City CounciPs vote should wait until after Noverriber 7th 2006 elections; and with more CITIZEN INPUT! The New City Council will be there io help decide for`Saratogans; with more citizen meetings; and public input, with copies of general plan to be placed into,the library four 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! The}- asked their citizens; and the. council actually asked county property owners, if they would like to be annexed! MY OPINION:.. 1 would stop annexation just: because the long-term :effect- on Saratoga's 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 wvay 9 knows, Prospect Avenue people know, Qn 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.GENERAI; PLAAT can be accepted! Kathleen Casey=Coakley l?age:2:of 2 Want to be your own-boss? Leam-how on Yahoo! Small Business. t 9726/2006 Cheriel Jensen :1:3737 Quito Road,"Saratoga, CA 950'70" 379-4463 - September 26, 2406 Saratoga: Mayor and City Council Members. Saratoga Plamung Commission Saratoga City Hall 13777. Fruitvale .Saratoga, CA 95070 .Rear Mayor, Council Members and Corrimissioners, The proposal: Draft Land Use Element t5e proposal Open SpaceJConservation Elements must be.reworked to restore the policies of our General-Plan; MISSING POLICIES: The POLICIES;of the current t"renerai P1anLarid Use Elemeriit and Upen 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 hearE' of the authority of tie General Plan. " A policy is a-specific statement that guides decision-making. It indicates.a'commitment ofthe local agency to a particular course of action." (General Plan Guidelines, P 15) The proposed Draft.Land Use Element;and the proposed-open SpacelConservation=Elements, through rewording, effectively cancels out;these General Elements by canceling.out the policies: "An implementation measure is an action, procedure, program or tecluuque that ca=ries out :general plan policy: Each policy must have at'leas# one corresponding implementation-measure." :(General Plan Guidelines, P: 16) Combining policies-and implementation into."strategies' is-not"proper. Without proper Land TJse, Open Space and Conservation Elements, no development can conformto-the General Plan and therefore; cannot be approved; PUBLIC PARTICLPATIt)lY: 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 iJse Element prepared by consultants. There is an assumption that public participation means actually.. listening; to the public, especially those why have an official role-and who have invested two years in the:pmcess., 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 r~ E1V1'IRQNMENTA'I:, IMPACT REPORT: Ifthe 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 fo 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 Plamm~g Commission so;a proper environmental review can be-done: If "strategies"-are not reworded to restore:"policies and implementation," the loss;of our polices is certainly subject to an Environmental Impact,Report for that reason alone.: Assuming'this mistake will be swiftly corrected, an Environmental Impact Report, either anew 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 eornpah'bility 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 projects "CEQA Guidelines § 1.5126_ specifically requires `that an EIit; 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. 43j There Have been: significant additions to the potential for densificaton. since the last General Plan Revision The Thaft Land Use Element includes additional- significant potential. for growfih, especially with-the-Abrams:: property changes. A.n Environmental Impact.Report:is.the only honest way to°assess II these proposals:. The proposed Draft' Land fiTses Element and'Draft Open. SpaeelConservation 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 rt has, had onour-traffic flow;-air quality. including vastly increased. particulates, noise levels,.-and growth inducing impet~: The Draft- Land Use Element proposes to designate the freeway corridor with no limitations on additional lanes: A-Negative Declaration is t>lerefore: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 knowl .edge about (rends, existing conditions and projections that they needto formulate policy," (General Plan Guidelines, P. 15) .Also-.see General Plan Guidelines, P. i3b-141 and 201.-204 and P. 240 attached.. ``The planning staffmust distill'the mass`ofraw data that-psis been collected:during the early stages of plan preparation into usable form: ~'he analysis of data serves as the bridge of logic from raw data to policy." (General. Plan Guidelines, P. 42~) -~ -- L~ Nowhere:is therean assessment of undeveloped land thatcanbe developed.under the. Land Use Plan.:proposal, Sand that-can be redeveloped-for different uses or densities {for example; land that masquerades as'Commercial Retail but is actually .}calf high density residentiaij, and land built at the uses allowed but not built at he 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 PI'anning Commission and the public were recently. sutprised;to see the threestory 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, an EDt. How many:more dwelling;tuuts could lie added in our commercial areas under the 5~°lo.residential in commercial policy? How many dwelling:-units could be added to ow residential areas. with: tl'e granny unit policy? What does-this mesa foz traffic congestion, noise; and aquifer recharge? Where is the EIR that assesses these unpacts? 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 our water aYailability as densification and land:coverage:increases.- The capacityof the: sewage: treatment plan# weY .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 our air, what :steps cart be , taken:to improve our air and how the options for intensification and congestion built into: the Draft`Land Use: Element will: impact. ow a,i Nowhere`is there assessment of the impact ofglobal. warming on ow city and-our well being and what approaches can be taken to do-our panto reduce greenhouse gassesc 1*Towhere is there discussion: of the impact of noise on land-uses, and the'fai`lure:to protect: ll3 of'our city-from Highway 85 noise levels that exceed state>and:our own general:plan standards for residential and uses> 1`here is no linking of land uses -with the status and capacity of the roads iri Sarafogaor` 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 currenttraffic inthat-area.-now, at tames, completely impacted with traff c from -the; freeway on and- off-ramps Nowhere=is the population or its charaeteristics,,household;size and:composition. discussed either current. oT as the; population ages, • The Drat does not explain-that Saratoga does not create any significan# housing demand, but instead fills demand caused by-the industrial land-.uses in other :parts of Santa Clara County-and the San Francisco Bey Area Nowhere is there a discussion of the sups that,have been taken to honor otu history `on the ground; such as preserving significant`historical structures and trees, how permitted land use: densities influence and: impact These: and how the Draft Land Use: Element: should accoun# for and protect these values. "`Data collection, data:analysis, -and. special- studies. should be coordinated with the needs:- .:. flf the CEQA document being written for the plan. In.the interest ofefficiency, data collecton,and analysis should be comprehensive: enougli.to satisfy the needs of both the. CEQA document and -the. general: plan. For instance, the traffic: analysis. prepared for the land use and circulation elements musi be complete: enough to -allow for theevaluation-of alternative plans, the- final plan, and the project alternatives discussed in the: general plan's final EIR." {('general Plan Guidelines; P. 42) Ateernatives to the proposals,: as required by CEQA are:nowhere to be found. :Assessment of the state `of our riparian comdors; ow flora and fauna and the role of flora ;in moderating: our temperature, energy depenQence, air quality: or-other weli,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 wareh©use-scale developmenrt, especially when the potential for 50% of the site under the proposed Commercial Retail designation"could: be high density, residen#ial. Such a facility in that,location would be completely out` ofcharacter-with Saratoga,.violating ow primary goals; inaking our general plan internally inconsistent. NIISSING LAND USE DESIGNATION: • IVIissing -from-the land userdesignations is an equivalent to the County's Hillside designation. The county Hillside designation is not aresidential -land use designation and the densi#ies permitted for land divisions are far Tower than any land -use designation the city .has. Yet the introduction-states #}iat all county land within our sphere of influence is. slated to eventually be incorporated into our city. Without an equivalent: city land-use: category designation,-and application to these Hillside areas, tlae potential -for growth'ot' 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 CTVZ-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. Private educational/tutoring facilities are now-only allowed in Neighborhood Commercial Z©ning Districts by use permit, The'Land Use Element should make clear that just as the City itself sponsors classes of many lands in providedfacilities to enhance the quality of ow lives; private classes-also enhance the quality oflife and should be allowed in a wider range::ofLand.Uw Categories and should;be easier to establish. Ifspace cannot be provided by the city at least they should not be so thoroughly restricted and required to get an expensive use permit. OTHER MISSING OR INCQRRECT-DATA: The list of schools fails to mention -that part of Saratoga is in the Campbell School District. and fails to list Marshall Lane School (Elementary School). The General Plan is relied on for accurate background data and thus if is especially important the data is accurate. School Distract maps should lie consulted tomake-sure other districts such as Moorland are not left out:: The :distance betweer: Saratoga and-San Francisco is misreported. T'hougli.not operating; the quarry in the Western hills above-:Quarry-Road should.. be acknowledged: for its effect on downstTeatn erosion, siltation and the potential for flooding.. {Draft Open:Space Element/Conservation Element, P. 1 Vasona-Creek is missing from the list of creeks,:P. 17, Open Space/Conservation Element. MISSING POLICIES RELATING TG HAZARDS, RIPARIAN VALUES, STEEP AND UNSTABLE LANDS: It should be clear that land use element densities. are subject to reductions, sometimes significant to avoid:land-based hazards, where access is difficult or impossible; where adequate water. and other resources are not avaiIalle; -and to protect resources including water resources, endangered;species; riparian corridors,:views; historical structures, `historical places and historic and other valuable trees;. This is not: a comprehensive evaluation because after the rewording to restore policies. other issues. may arise.: I have: not had the Draft-long enough. to study it with the care. ; deserves. 'l'ours-truly, Cheriel Jensen- RECEIVED Cathleen Bo et From: Mary Robertson jrobertsonb:m.Qmndspring.com] CITY OF SARA7QGA Sent: Wednesday, September 27., 20t)612a?9 PM To: Cathleen-Boyer; jilt hunter; Manny_Cappetio@amat.coma lindarodgers@msn:com; jhlavaogden@Comcast.net; yanniezhao@yahoo:com Subject: Drefl`ofLand use.and Open Space use.: There is a study session occurring tonight of which I wll:.be unable to attend. I am concerned that this dra#t review .process. has not been properly noticed amongst. other concerns:. 3 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 apen for study unless they-are part of a city wide notification list? why are the- axes plans not being reviewed in conjunction-with the land use portioa: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 this area. peens again -along with the implications for development at various locations. When:. making bees types: of changes to the G/P, a negative declare .ion is :una:cceptable. Equally:, I have similar :concerns.fox~-the Open Space portion of the General Plan,.-The wording;. of .Tax ;Revenues on page. 27 is a bg'concern-to me.and.I fully obje:et to such wording-that "that the city-could-choose tci:Pass-:" This appears to take such'chofce directly out of the hands- of 'the people and-I fully-object: L-am_als_o_obj_ec_tng_ t.o Page27, Sect-ion _title_d_ Master :Plan of__Parks_ and- ;Tra:ils:, Thia section indicates reference made to a `Parks and Trails Masser p.l.an which refers to a number of specific Methods. to expand. park and`recrea.tion facilities. Claiming a :negative declaration;to put in this. :portion.: of the General Plan while talkingabout-.expanding. facilities is ui~accep.table. This; s. as. good as stating moving from a passive park to an intensifed.uss actiue park.. has no mpact..Thie is incorrect and..for this: reason :and more; I ainobjecting to passage of this open-Space Pol:icy.. T addition;'the strategy of OSC 12::1 is unacceptable as well; Maintaining:: end increasing our :Urban forest. is necessary to:reta.n 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, weT1::. Once again, :it appears: that :by adopting the Negative Dec, the: city; is: trying to skirt around all possible E:IA issues;: This is. unacceptable. For.tbese reasons and more-,. I strongly oppose ariy adoption of these General Plan changes going forth for-study tonight-,and would stirongly and appropriately suggest 'that this.c3ty NO.T DO a negative Declarat-ion and proceed-with another form of the.ElR. Why ,is there such a rush to dump these.changes on a new:council: which should be involved ~. in .the, process: since they wall be stuck with the -administration- of the t~/P changes Please. make: ure that. my concerns which are too numerous:to list are heard•by-this review board ;and: public. present .: Respectfully years, Mary Robertson: Saratoga Resident Dec 04 06 02:58p Joanne Taeuffer 5108839090 p.1 Cathleen Boyer Page 1 of 1 ~M SFP 2 7 2006 P _y =. -.. From: Sandra Cross (sandyc) [sandyc@cisco.comj Sent: Wednesday, September 27, 20D6 t2:38 PM To: Cathleen Boyer; jilt hunter; Manny_Cappello@amat.com; lindarodgers@msn.com; jhlavaogden@Comcast.net; yanniezhao@yat-.ao.com Cc: KMP-Neighbcrs@yahoogroups.com; sn@cornmunity-newspapers.com; sn@svcn.cor^~; DrJMarian@aol.corn; Jeffrey B. Hare;jeff@hare.com; Joseph Clevenger; CherielJa~aoi.com; Denise Goldberg; atfiyman@Comcast.net Subject: Attempts to change land use portion of the general plan To all concerned citizens of Saratoga, What is the city up to now? They look to be attempting to change the General Plan, and the Open SpacelConservation Element . By filing a negative declaration they vrill attempt to avoid environmental impact report and any mitigation. What is in these changes will effect us all, and provide even more power to city council's who have continued to act in a behavior that is good for their projects while not wanted by the majority of citizens {see the last 5 surveys and how the actions of the council's Fave been in contradiction with the survey results) After an overwhelming overturn on the a~ternpt to itnplernent a ;utility tax, the draft Open Space/Conservation Element plan is giving them the ability io impose it once again, and wi#hout any oversight committee; I will quote what is being said in the land use changes for the general plan; Page 27 of the draft Open Space;Conservation E:ement states: Tax revenues -- - - - - - - - - - The City could choose to pass one or more of the various taxes that would raise additional funds far the development andlor maintenance of park and other open space resources. Such fees incIuce parcel taxes, utility taxes and others. Wow, even more money to be used for soccer. Let me point out, that although the utility tax was voted against and lost, they still found the money, while crying poor, to put in and tear-down the gateway pillars. They found money out of the general funds to put to-rrards ANOTHER 250K dollars towards two full size game fields for the extra curricular activities for the small percentage of farnilies that don9 want to drive to Cupertino ar Campbell whom have-made it their CHOICE to have their children in sports activities after school and on weekends. The councils doesn't need-mare pav-~er, they need to take things to the citizens! Support the "SARATOGA PARKS PRESERVATION AND FIELD USE POLICI' INITIATTvE"; as well as voice your opposition to their moves to push these changes to the Open SpacelConservation Element prior to `.he next city council election! Sandy Crass 1,~`.~ 9/27120[}6 (. • ~,; k__ :Cathleen Bo er ~ ""``=~-~ Fcorr~; Barbara Stewart : barbara barbarastewart:com ~~~~ ~Y "°, -Sent: Wednesday,-Sep ember 2~; 2130612:46 PM , ~~ t'r' ~Rt?,gr To: Cathleen Boyer, jhunter95070@yahoo;com; Manny_CappelloQama# com; lindarodgers@msn.comjtla~aogden@Comcast:net; yanniezhaoQyahoo.com- Subject: Land Use.-and Open-Space Before Yflu This Evening. Dear Piannirig Commssironc I understand there: is: an item ];afore 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°3tems~were up for revew-and how would a negative declaration possibly be appropriate. given.the contentions issues within`this city regarding the-:use of open .space and Iand use? Please table this discussion until appropriate;noticing i given and :the. Saratoga ciaiz.ens ::have had a chance to review the:mpaet::any decision or change to the General Plan would: have an, our city. why do we: feel that, so many things are slipped in uncles the radar? Barbara Stewart (.40:8") 3b&-0131 i Page l of l REC~l~ Cathleen- Boyer 006.. From: 1/Fitch1181;@aol,com CITY OF S~i~HTO~A Sent: Wednesday, September 27, 20D1i 12:54 PM To; robertson:b,mQmintlspring,com; Caihleen Boyer; Jhunter9507'0@yahoo.com Manny_CappelloQamat_com,• lindarodgers@msn.com; Jhlayaogden@Comcast-:net; yanniezhao@yahoo.com SubJect: Re:.[KMP-Neighbors] Draft of Land use and Opeh:Space use. Since on such short notice 1 am unable o atiend Phis meeting, I wish to;adopt the lettersenf by Mary Robertson as my own and request that-.the Council note my obJections as, noted in her letter; -Thank you. Valerie Fitch Viewosk Drive ~~ ~~ `9127/3006 s l~l~ G~'~~~s o~ ~~'~~~OO C~G~ 13777 FRUI1'VALE AVENUE • SfiRATOGA, CALIFOR>tiA 95070 • (408) 8G8-1200 Inccrporated October 22, 1°5G PROJECT TITLE: of the Saratoga General Plan GC_)l.~\'CIL A9F,A113ERS: PUBLIC NOTICE AND NOTICE.OF INTENT Aileen Kso TO ADOPT A NEGATIVE DECLARATION xathleen King Norman Kline -Nick Streit Ann ~Vagonsmith Draft Land Use and Open Space/Conservation Elements PROJECT LOCATION: PROJECT APPLICANT: PROJECT.CONTACT PERSON: ADDRESS: TELEPHONE: PUBLIC HEARING: PUBLIC REVIEW PERIOD: City-wide applicability City of Saratoga Therese Schmidt, AICP Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1230 September 27, 2006 (Study Session) October 11, 2006 (Planning Commission Hearing August 25 -September 25, 2006 PROJECT DESCRIPTION: 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. NOTICE IS GIVEN THAT 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. Copies of the Initial Study and proposed Negative Declaration and project plans are available for review at the City of Saratoga Community Development Department, 13777 Fruitvale Avenue. You may also call the phone number listed above if you have any questions, or to request a copy of the proposed Negative Declaration. The 30-day public review period ends at the end of the day September 25, 2006. All written comments must be received by this time and should be sent to: Community Development Department, 13777 Fruitvale Avenue, Saratoga, CA 95070; Attn. Therese Schmidt; or faxed to: (408) 867-8555. NOTICE IS FURTHER GIVEN THAT a Planning Commission Study Session will be schedule on September 27, 2006, and a public hearing to consider the Negative Declaration and the project will be scheduled for the October 11, 2006. All interested parties are encouraged to attend and be heard. When the meeting -date has been set, the City of Saratoga will send out an announcement to property owners within 500 feet of the subject site and will post it on its Web site. To confirm the meeting date and time please visit the City's Web site or call (408) 868-1230. NEGATIVE D E C L A R T I O N CITY OF SARATOGA Declaration That An Environmental Impact Report Is Not Required Draft Land Use and Open Space/Conservation Elements of the General Plan 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, and 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 Location: City-wide application Applicant and Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Property Owner: Various Contact: Therese M. Schmidt, AICP, Associate Planner Phone: (408) 868-1230 / email: tschmidt@saratoga.ca.us Project Description: The project includes an amendment to the Saratoga General Plan to adopt updated 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 (the Draft Land Use Element), as well as the location of parks, trails, open space and natural resource areas in Saratoga and protection and preservation of these resources in the City (the Draft Open Space/Conservation Element). Finding: A finding is proposed that this project will not have a significant effect on the environment. Explanation of Reasons for findings for a Negative Declaration: The proposed Draft Elements, iri conjunction with .other General Plan Elements, contain goals and strategies to reduce potential environmental impacts to aless-than-significant level. Public Hearing: Study Session (September 27, 2006); Planning Commission Hearing (October 11, 2006). Planning Commission meetings are held in the City Council chambers at the City Hall located at 13777 Fruitvale Avenue. All environmental documents are available for review at the Community Development Department, 13777 Fruitvale Avenue. The comment period begins on August 25, 2006 and ends on September 25, 2006. Any comments on the Negative Declaration/Initial Study for this project shall be submitted in writing by 5:00 pm on September 25, 2006. Posted on: Executed at Saratoga, California this ~ 2~ day of 2006. J F. Livingstone, CP Community Development Director C • Page 2 Negative Declaration Land Use and Open Space/Conservation Elements • INITIAL STUDY CITY OF SARATOGA 1. Project Title: Update of the Land Use and Open Space/Conservation Elements of the Saratoga General Plan. 2. Project Location: City-wide applicability. 3. Lead Agency Name and Address: City of Saratoga; Community Development Department, 13777 Fruitvale Avenue, Saratoga, CA 95070. 4. Contact Person & Phone Number: Therese M. Schmidt, AICP, Associate Planner (408) 868-1230 5. Project Sponsor's Name and Address: City of Saratoga Community Development Department, 13777 Fruitvale Avenue, Saratoga, CA~95070. - 6. General Plan Designations: Varies, includes all General Plan designations. 7. Zoning: Varies, includes all zoning districts. 8. Description of Project: The proposed project includes an update of the City's Land Use and Open Space/Conservation Elements of the Saratoga General Plan to meet requirements of current State Law, correct technical inconsistencies, reformat for ease of use and combine elements. These Elements establish City goals and policies related to the location, type, density and intensity of development in the City (the Draft Land Use Element), as well as the location of parks, trails, open space and natural resource areas in Saratoga and protection and preservation of these resources in the City (the Draft Open Space/Conservation Element). 9. Surrounding Land Uses and Setting: The proposed project includes the regulation of land use, parks, open spaces, trails and resource areas in the Saratoga Planning Area, including the incorporated portions of the City as well as the City of Saratoga's Sphere of Influence. l0.Other Agencies whose approval is required: None • Table of Contents I. Environmental Factors Potentially Affected ........................:.......................1 II. . Determination ...........................................................:........:......:...........:.... ..2 III. Background ................................................................................................ ..3 Project Location and Context .............................................:..........................:...................: . 3 Project Description ..............................:................................:.......:..................................... . 3 IV. ........................................................... Environmental Checklist ................. 23 1. Aesthetics .............................:.............................................:....................... 24 2. Agricultural Resowces ...........................:.......,...........................:............... 26 3. Air Quality .....:.....................................:..................................................... 27 4. Biological Resources ................................................................................. 29 5. Cultwal Resowces ..................................................................................... 32 6. Geology and Soils ......................................:............................................... 34 7. Hazards ....................................:........:.............:.......................................... 37 8: Hydrology ............................................................................:..................... 39 9. Land Use .................................................................................................... 42 10. Mineral Resowces ......................................................................:.............. 43 ' 11. Noise ..........................................................................:............................... 43 12. Population and Housing ..................................................:.:........................ 45 13. Public Services ...................................:....................................................... 46 14: Recreation .........................:.........:.:............................................................ 47 15. Traffic and Transportation ..................:..................:................................... 49 16. Utilities and Service Systems .......:..............:.............:....................:........... 52 17. Mandatory Findings of Significance .......................................................... 54 ........................... Initial Study Preparer .............................................................................. 55 Agencies and Organizations Consulted ........................:.................................................... 55 References .....................................................................................:.............................. 55 Appendix I .........................:...:.............................:............................................:........... 56 • I. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Environmental factors listed below were evaluated to determine if any would be potentially affected by this project. No impact has been identified that is a "Potentially Significant Impact", as indicated by the Environmental Checklist on the following pages: Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards and Hazardous Materials Hydrology/VUater Quali - Land Use/ Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/ Circulation Utilities/Service S stems Mandatory Findings of Si nificance II. DETERMINATION On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must anal ze onl the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is re uired. e~ ~-~/ _ ~~ 23-a~ John Livingstone, AICP Date Community Development Director Page 2 Initial Study Ciry of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • • III. BACKGROUND Project Location and Context The City of Saratoga is located in the westerly portion of Santa Clara County, just southwest of the major metropolitan community of San Jose and approximately 35 miles south of San Francisco. Saratoga is found at the southerly end of the San Francisco Peninsula. The north, east and southerly portion of the community is sited on an historic alluvial plain shared with the adjacent communities of Cupertino, San Jose, Los Gatos and Monte Sereno. The westerly portion occupies low-lying foothills of the Santa Cruz Mountains and is adjacent to unincorporated properties within Santa Clara County. Major regional access to the community is provided by State Route 85 (SR-85), a six- lane freeway linking to US 101 to Mountain View and to US 280 in Cupertino to the north, to US 101 south in San Jose, to SR 17 north to San Jose and southwest to Santa. Cruz County. Local roadways .linking Saratoga to surrounding communities include: Saratoga-Los Gatos Road, Saratoga Avenue, Highway 9, and Saratoga-Sunnyvale Road. Exhibit 1 shows the regional setting of Saratoga. Saratoga's Planning Area Saratoga's Planning Area consists of all properties located within the incorporated boundary of the City. As of 2006,-this includes approximately 12.8 square miles. State law also. allows general plans to include lands outside of its boundaries which, in -the community's judgment, bear relation to its planning. The Planning Area also includes approximately 4 square miles in the City's Sphere of Influence. The Sphere of Influence consists of unincorporated lands that ultimately will annex to an incorporated jurisdiction. Exhibit 2 depicts Saratoga's Planning Area. Project Description Background The existing Land Use and Conservation Elements of the Saratoga General Plan were adopted by the Saratoga City Council in 1983. The Open Space Element was adopted in 1983 and updated in1994. Based on changes in State law and the need to ensure that all Elements of the General Plan are internally consistent, the City has undertaken this update of the Land Use, Open Space and Conservation Elements of the General Plan. Upon adoption of the proposed Elements through the General Plan amendment process specified in the California Government. Code, the existing Land Use, Open Space and Conservation Elements would be rescinded. Page 3 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements _._ _ __ _ _ ___^August 2008 __ ourg N. t~ ~~ Y. ~t i a .z n Exhibit 1 I REGIONAL LOCATION o +e ~o x <o ~ n,?es I • Page 4 Initial Study • City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 uti ^ , ti same Rosa ll ~ t 1 ~' a ~ ~~G Naeto ~. `\ ~ t - \ .•~ San Rakel ~ - ~ + ( ` ~ ~~ \\ Ridtmontl ~ ~ .. - _ , - L - Berkeley ~.. '.~ kland ~ - ~rar+aew ~~ r ~~ 1 A n. > l ' ~ . Palo ~: ~ Atto Sunrry- wle San n Santo Jose Clare SARATOGA Los ScoU's Gatos Valley - 0 : , ~ Santa Cruz a S : . ee G . - A - ~ - ~ Watson- dlle Saunas . -~ - ~ Monterey s 1 (( I ~ ~ i Sacramento J 1 /~~ T ~n2S Modesto Merced I HWI162er • • Exhibit 2 SARATOGA PLANNING AREA ._.--- City Limit -..-••-•• Sphere of Influence Boundary ----------------• Urban Services Boundary 0 1!4 1/2 1 tulle Page 5 Initial Study City o/ Saratoga Drat Land Use & Open Space/Conservation Elements August 2006 SOLRCE: City of Sara[oga, July 2006. A Vision for Saratoga A valid and useful General Plan needs to provide. a common goal to which the community strives. This vision then becomes the touchstone by which future land use and other decisions are made. The City's existing vision includes a series of statements that serve as basis for the Draft Updates, as follows: • Where the common good prevails; • Where the natural beauty of the City and its hillsides is preserved; • Where historic assets are preserved and promoted; • Where local commerce provides a vibrant presence in the Village and the other commercial areas; • Where the orientation is toward the family; Where homes and neighborhoods are safe and peaceful; • Where government is inclusive and values community involvement; • Where desirable recreational and leisure opportunities are provided; • Where quality education is provided and valued; • Where value is placed on an attractive, well maintained .and well planned community; • Where government provides high quality, basic services in acost-effective __ _ manner; • Where a small town, picturesque, residential atmosphere is retained; • Where the arts and cultural activities which serve the community and region is promoted; • Where neighbors work for the common good; • Where leadership reflects community goals; • Where, because of the foregoing, the citizens and families of Saratoga can genuinely enjoy being a part of this special community. The Draft Elements are summarized below: Draft Land Use Element The Draft Land Use Element consists of updated land-use categories that establish land use locations, densities and intensity of use, land use issues, a Land Use Map indicating the location of various .land uses in the community, suggested implemented strategies, and a number of goals and implementation strategies to achieve the stated goals. In some instances,-land use categories have changed from the current Land Use Element to reduce and simplify land use administration. However, the intent of this effort is not to change the amount or type of development allowed in the City of Saratoga. Table 1 presents existing General Plan land use designations, proposed land use designations set forth in the Draft Land Use Element, consistent zoning districts for each proposed land use designation and a discussion regarding proposed changes. ----Page 6 - - --- -- - - ----- ----- ---- ----- Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Exhibits 3 through 10 show the proposed changes to the-Land Use Map of the General Plan, which include the updated land use designations. Land use goals and policies have also been modified and simplified from the list of current goals to update the Land Use Element. Proposed goals recommended in the Draft Land Use Element include: Goal LU 1: Maintain the predominantly semi-rural residential character of Saratoga. Goal LU 2: Encourage the economic viability of Saratoga's existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas. Goal LU 3: Promote the long-term fiscal soundness of the City of Saratoga through careful analysis of land use decisions and fiscal practices. Goal LU 4: Provide sufficient land uses for public, quasi-public and similar land uses in Saratoga. 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 improved to accommodate a project, such improvements shall be in place or bonded for prior to issuance of building permits. Goal LU 6: Protect natural resources and amenities through appropriate land use and related programs. Goal LU 7: Protect existing agricultural resources and encourage expansion of this use. Goal LU 8: The natural beauty of the West Valley hillside areas shall be maintained and protected for its contribution to the overall quality of life of current and future generations. Goal LU 9: Generally encourage medium density, multi-family residential and non-residential uses in flatland areas where most appropriate for urban development.. Goal LU 10: Minimize the visual impacts of hillside development, especially on ridgetops. Goal LU 11: Foster closer inter jurisdictional cooperation and coordination ___ __ _ _concerning land use and_development issues. _.__. ___ - __ ____- _. ___ Page 7 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Goal LU 12: Recognize the heritage of the City by seeking to protect historic and cultural resources, where feasible. Goal LU 13: The City shall-use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. Goal LU 14: Seek to achieve appropriate and contiguous City boundaries to provide for the efficient delivery of public services and to create a greater sense of community. Goal LU 15: Improve local and regional air quality by ensuring all development projects incorporate all feasible measures to reduce air pollutants. Goal LU 16: Review and amend (as needed) the Zoning Ordinance to provide consistency with the General Plan updates, new State legislation and .court decisions. In addition to the draft goals, above, the Draft Land Use Element includes an Implementation Plan to allow the City to achieve these goals. Draft Open Space/Conservation Element The Open Space and Conservation Elements have been combined into the Draft Open Space/Conservation Element, and updated to identify current conditions in Saratoga. Specific. topics addressed in the Draft Element include: local and regional parks, other. open spaces, agricultural lands and Williamson Act contracts, public trails, school sites, flood easements, mineral extraction areas, geological hazard areas, hillside areas, tree resources, biological resources and -other resources protection areas: Proposed goals recommended in the Draft Open Space/Conservation Element include: Goal OSC 1: To provide and maintain open space resources of local and regional significance accessible to the public. Goal OSC 2: To preserve the natural and rural character of Saratoga. 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. Goal OSC 4: Strive to achieve a ratio of 5 acres of park and open space area per 1,000 residents. 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 Page 8 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 with City, County, State, and regional parks, and other publicly-owned open space lands. Goal OSC 6: Preserve the hillside lands in their natural condition and inherent natural beauty. Goal OSC 7: Preserve and protect existing view sheds, view corridors, and scenic open spaces. Goal OSC 8: Encourage preservation of land uses for open space and agriculture. Goal OSC 9: Protect existing watercourses in the community and enhance water quality in surface and subsurface water sources. Goal OSC 10: Maximize the use of the City's water supply. Goal OSC 11: Protect-and enhance sensitive vegetative and wildlife habitat in the Saratoga Planning area. Goal OSC 12: Support appropriate management for sustaining the health and increasing 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. Goal OSC 13: The preservation of native and other plant species indicative of Saratoga's cultural heritage shall be given priority over development and the City shall provide for the perpetuation of such species. Goal OSC 14: Through coordination with and implementation of other related General Plan .strategies, encourage. the preservation of the City's heritage by providing for the protection of irreplaceable historic and cultural resources representing significant elements of City and regional history. (Refer to Historic Character Land Use Element Strategies). Goal OSC 15: Improve local and regional air quality by ensuring all development projects incorporate all feasible measures to reduce air pollutants. Similar to the Draft Land Use Element, the Draft- Open Space/Conservation Element contains an Implementation Plan with specific implementation strategies associated with each of the above goals. Copies of the Draft Land Use Element and the Draft Open Space/Conservation Element are available for review at the Saratoga Community Development Department, 13777 Fruitvale Avenue, Saratoga, during normal business hours. Page 9 Initial Study City of Saratoga Drag Land Use & Open 3pace/Conservation Elements August 2006 Table 1 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 No 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. Imolementation: Rezone area to the R-1-10,000 Zoning District. * Per Measure G, no changes are allowed in these residential categories. • Page 10 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • • • Table 2 -continued: Existing GP Proposed GP Existing Comments Category Category Zoning Commercial: CR( (Commercial CR Various Text Amendments: Add language Retail) commercial which clarifies that 100°~ coverage zones only applies to downtown Saratoga Village Specific Plan area; add -for new commercial development located adjacent to or across from an established single-family or multi-family residential use, appropriate landscape buffers shall be required that are at least equal to the setbacks of the adjacent residential district. Also, no single tenant of said development shall - exceed 15,000 square feet of floor area. PA (Professional PA PA Text Amendment: Eliminate Office) reference to FAR; amend maximum -- - -- - - - ---- -- ------- -------- building-coverage to 30°~, consistent with Zoning Ordinance standards. Land Use Map Amendment: Redesignate an approximate 9.7 acre site at 13025 Saratoga Avenue, on the west side of Saratoga Avenue approximately 1,000 feet north of State Route 85 to the CR (Commercial Retail) land use designation. The purpose of the proposed change is to encourage - site to commercial land uses on this strengthen the community's economic base. Gateway Delete none Text Amendment: Delete existing Landscaping category, which has only been applied on Land Use Map to two- - small parcels at the corners of Prospect Road and Saratoga- Sunnyvale Road. The Saratoga- . Sunnyvale Gateway Guidelines have been adopted for the area and address standards for development, including mixed uses in that area. Land Use Map Amendment: Delete Gateway (G) designation from Land _- __ _ _ _ Use Map. Redesignate-the two _ _ __ _ affected arcels to CR Exhibit 3 . page ~ ~ Initial Ludy City of Saratoga Draft Land Use & Open SpaceilConservation Elements August 2006 Table 2 -continued: 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 Map 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 Retail) 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 corner of Cox Ave. and Saratoga Ave. See Exhibit 8. To RMF (Residential Multiple 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 Public/Communi 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 & 10. . Zonin :City may consider new Public Facilities/Institutional Zoning District. Page 12 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • • • • Table 2 -continued • Existing GP Proposed GP Existing Comments Category Category Zoning Open Space OS-NR (Natural Delete None Text Amendments: Resource Delete from Text. Preservation) No changes to Land.Use Map as it does not list this category and no such easements have been incorporated in the Map. The City controls and documents easements more appropriate through the subdivision rocess. OS-MR (Open OS-MR R-1 zones No change Space-Managed Resource OS-R (Outdoor OS-R R-1 zones No change Recreation OS-P (Open OS-P Residential No change (Applies only to Space-Private) Open Space Saratoga Golf Course). Existing GP Proposed GP Existing Comments- Category Category Zoning OS-PHS (Pub/ic Delete from text None Amendments: Health and Safety Delete from text. Preservation) . No changes in Land Use Map needed. This category is not shown on Land Use Map. Development is restricted by other policies that cover issues (i.e. geotechnical clearance, creek setbacks, etc PUC (Public Delete from text None Amendments: Utilities Corridor) and map Delete from L.U text and GP map, as it is no longer applicable; lands- within this designation as shown on the Land- Use Map now fall within the Route 85 roadway and right of way. Show as SR 85 right of way. * No changes allowed in text per Measure G Page 73 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Table 2 -continued 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: RLD RVLD R-1-40,000 Land Use Ma~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 • Page 14 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 r ; J Prospect Road PRt E D • J z ' ~ ~~ ~ o OA ~ d : ~aumm ~~ y I a m ~ x D ~ .. T ~ 5p ~ ' R~ N `~ Land Use Map Amendments Exhibit 3 ® PDM/G to CR ® PDM to RMF Page 15 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • Land Use Map Amendments Exhibit 4 ® PF to CFS ® QPF to CFS SR85 PUC to SR85 ® PDM to CR ® PDM to RMF --- Page 16 - _ -- - ~- Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 r~ ~J • ~~~~ ~ ~ o~ HERRIMAN ~ r,. e,wcN d~a SARATOGA AVE SUNNYVALE- SARATOGA ROAD ~ t :. i i ¢¢ 3 4 ~P 6 ~ m e °~' ~~ ~~^^ 4 ~W \ _ \ ~~ ~ --- - a. - ~ N Land Use Map Amendments Exhibit 5 ® QPF to CFS ® PDM/G to CR - • - - - Page 17 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 _.~.~' a \\ y ' a ~ ~yN d , F~~ ~ \ ~~ ~ r ~ ~ d ~ ~ \/ ® '~ S® ` % : . ~~ OAK } ~pfX~ LOMAS ~ pp ~ i SARATOGA-LOS _ ~ ~ ~~~ GATOS ROAD ~~ a ~~ _i ~ ~ / ~ ~ L o~ ~ ~, i ' ~ o HILL - ~ - --- - - ,~ ~ , N Land Use Map Amendments Exhibit 6 ® QPF to CFS ~ RLD to RVLD ® PF. to CFS ~ PA to CR Page 18 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • • v~.~,~„r-~L1L1ltl~J~~~ SR85 ~`~ ~~~ ~~~ .~ D _~. D Land Use Map Amendments Exhibit 7 / ® QPF to CFS ® PF to CFS SR85 PUC to SR85 Page 19 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 i~ i~~ ~ ~~ ~; ` SARATOGA AVE ~, ~~rrT i Land Use Map Amendments Exhibit 8 ® QPF to CFS ® PDM to PA ® PA to CR ~ MUPD to RM10 sRSS PUC to SR85 c QPF to RM10 Page 20 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • ~I • ~~~~~ ALLENDALE AVE ~ ~FRUITVALE AVE • T N Land Use Map Amendments Exhibit 9 ® QPF to CFS ® PF to CFS ~ i. . Page 21 Draft Land Use & Open Space/Conservation Elements August 2006 ~J ® QPF to CFS ® QPF to RVLD Page 22 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Land Use Map Amendments Exhibit 10 IV. ENVIRONMENTAL CHECKLIST The. following Environmental Checklist form is used to describe the impacts of the proposed project, as detailed in the Project Description. Potential environmental impacts are described as follows: Potentially Significant Impact: An environmental impact -that could be significant and for which no feasible mitigation is known. If-any potentially significant impacts are identified in this Checklist, an Environmental Impact report (EIR) must be prepared. Potentially Significant Unless Mitigated: An environmental impact that .requires the incorporation of mitigation measures to reduce that impact to a less-than-significant level. Less-Than-Significant-Impact: An environmental impact may occur, however, the impact would not be considered significant based on CEQA environmental standards. No Impact: No environmental impacts are proposed._ • Page 23 . Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 1. Aesthetics Issue Potentially Potentially I;ess No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the Pro osal: a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and X historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site X and its surroundings? d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? • Discussion a, b) The proposed project would revise the current Elements to meet requirements of current State Law, correct technical inconsistencies, reformat for ease of use and combine elements. The updated Elements contain City goals and policies related to land use, parks, open spaces, trails, conservation and scenic areas within the Saratoga planning .area: The following goals contained in the Draft Open Space/Conservation Element are relevant to protecting scenic vistas and related scenic resources. There are also a number of related implementing strategies to achieve these goals. Goal OSC 1: To provide and maintain open space resources of local and. regional significance accessible to the public. GoaI.OSC 2: To preserve the natural and rural character of Saratoga. Goal OSC 6: Preserve the hillside lands in its natural condition and inherent natural beauty. Goal OSC 7: Preserve and protect existing view sheds, view corridors, and scenic open spaces. Page 24 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 The following goals contained in the Draft Land Use Element would assist in preserving the aesthetic features of Saratoga: Goal LU 8: The natural beauty of the West Valley hillsides area shall be maintained and protected for its contribution to the overall quality of life of current and future generations. Goal LU 9: Generally-encourage medium density, multi-family residential and non-residential uses in flatland areas where most appropriate for urban development.. Goal LU 10: Minimize the visual impacts hillside development, especially on ridgetops. Goal LU 13: The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. Based on adherence to these goals and related implementing strategies contained in the two Draft Elements, no impacts would result to scenic vistas and scenic resources and no mitigation measures are required. c) Adherence to the goals and implementing strategies contained in the two Draft Elements, some of which are included above, will ensure that no impacts result to the visual character and visual quality of the Saratoga Planning area. d) No impacts are anticipated with regard to creation of additional light and glare within the Saratoga planning area. For proposed development in more rural hillside areas, adherence to the following goal and strategy in the Draft Land Use Element will require Design review of new .development proposals which will include control of significant"light and glare impacts. Goal LU 13: The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. Strategy 13.1: Utilize the site development and design review process and the California Environmental Quality Act in the review of proposed residential and non-residential projects to promote high quality design, to ensure compliance with applicable regulations, to ensure compatibility with- surrounding property and use, and to minimize environmental impact. Special attention shall be given to ensuring compatibility between residential and non-residential uses (e.g. land use buffering). Page 25 Initial Study City o/ Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 2. Agricultural Resources Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro osal: a) Convert Prime Farmland, Unique Farmland,_or Farmland of Statewide _ -- - _ Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland mapping and Monitoring Program of the California Resources Agency, to non-agricultwal use? b) Conflict with existing zoning for agricultural use, or a Williamson X Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non- agricultural use? Discussion a-c) The Draft Land Use Element proposes no change to prime farmlands, unique farmlands, farmlands of Statewide Importance, zoning for agricultural uses or Williamson-Act Land Conservation Contracts. No existing non-farm or agricultural properties would be converted to non-agricultural uses pursuant to the Draft Land Use Element. The Draft Elements contain the following goals and implementing strategies regarding agricultural land preservation and conservation that would ensure there would be no impact related to protection of agricultural resources in ,Saratoga. Goal LU 7: Protect existing agricultural resources and encourage expansion of this use. Strategy LU 7.1: Encourage renewal and discourage cancellation of Williamson Act Contracts to preserve agricultural lands. Strategy LU 7.2: Allow agricultural and open space landowners to voluntarily protect their land. Strategy LU 7.3: Encourage agricultural use on suitable land with protection for nearby residences as appropriate. Goal OSC 8: Encourage preservation of land uses for open space and agriculture. Page 26 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Strate OSC 8.1: In eval atin f rt shall t gy u g future land uses, of o s be made o maintain agricultural lands as a component of open space and to preserve the rural and agricultural heritage of Saratoga. The City shall discourage the cancellation of Williamson Act Contracts: Strategy OSC 8.2: Encourage land owners to enter into new Williamson Act Contracts. • 3. Air Quality Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the Pro osal: a) Conflict-with or obstruct implementation of the applicable au X quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the- project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions X which exceed quantitative thresholds for'ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Discussion a) The proposed amendment to General Plan to adopt Draft Land Use and Open Space/Conservation Elements would not change the rate of population growth as shown in regional population and jobs projections published by the Association of Bay Area Governments (ABAG), on which the Bay Area Air Quality Management District's Clean Air Plan is based. No impacts are therefore anticipated. b) The proposed project does not include any direct development actions that would -- - --- - exceed regional air quality-standards; however;- the Draft Elements-would-facilitate Page 27 . Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 development that would be consistent with the Draft Element. The Draft Open Space/Conservation Element includes the following goals and implementing strategies to assist in minimizing both short-term and long-term operational air quality impacts to aless-than-significant level. Goal LU 15: Improve local and regional air quality by ensuring all development projects incorporate all feasible measures to reduce air pollutants. Strategy LU 15.1: Require development projects to comply with. Bay Area Air Quality Management District measures to reduce fugitive dust emissions due to grading and construction activities. Strategy LU 15.2: Encourage use of trip demand measures as part of major commercial and office development projects to reduce dependence on auto use. Goal OSC 15: Improve local and regional- air quality by ensuring all development projects incorporate all feasible measures to reduce air pollutants. Strategy OSC 15.1: Require development projects to comply with Bay Area Air Quality Management District measures to reduce fugitive dust emissions due to grading_and construction activities. ___ __ _ _ _ _ __ _ _ Strategy OSC 15.2: Encourage use of trip demand measures as part of major- commercial and office development projects to reduce dependence on auto use. c) The Bay Area is currently anon-attainment area for the 1-hour ozone standard. However, in April 2004, the U.S. EPA made a final finding that the Bay Area has attained the national 1-hour ozone standard. The finding of attainment does not mean the Bay Area has been reclassified as an attainment area for the 1-hour standard. The region must submit a re-designation request to EPA in order to be .reclassified as an attainment area. The U. S. Environmental Protection Agency has classified the San Francisco Bay Area as anon-attainment area for the Federal 8-hour ozone standard. The proposed project would not significantly change land uses or transportation patterns that would add major pollutant increases into the atmosphere. Therefore, less-than-significant impacts are anticipated with regard to cumulatively considerable ozone emissions. d) The proposed project would not significantly change existing land use patterns. No new land uses, such as industrial or manufacturing uses that could increase impacts to sensitive receptors, such as hospitals, convalescent care facilities, day care centers and similar uses, are proposed. Therefore, no impacts regarding introducing significant pollutants to sensitive receptors are anticipated. Page 28 Initial Study City o1 Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 e) No significant change to existing land use patterns would occur pursuant to the proposed project, including introducing land uses that would emit significant quantities of odor. Therefore, no impacts regarding the introduction of significant odor producing land uses are anticipated. • 4. Biological Resources Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro osal result: 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 or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 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 X California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not X limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) . Interfere substantially with the . movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree X preservation policy or ordinance? _ _ _ _ _ _ _ _ _ __ _ _ _ Page 29 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? Discussion a-d) The- flatter portions of the Saratoga Planning Area exhibit plant and animal species typical of urbanized areas, including a combination of native and introduced trees, grasses and shrubs, the predominant variety of which are used for landscaping purposes. Undeveloped areas are typified by native gasses and ruderal species. , The one bird species that may still exist in the urbanized area is burrowing 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 California tiger salamander and red-legged frog. Both species are listed as Threatened under the Federal Endangered Species Act. • The Santa Cruz Mountains harbor many species of reptiles, amphibians, birds and- mammals. In addition to the more common varieties, several rare species are known to live in these mountains or to regularly frequent 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 endangered plant and wildlife species that may occur in the hillside potion of the Saratoga Planning Area, including coho salmon, steelhead trout, Zayante band-winged grasshopper, California tiger salamander, California red-legged frog, Cooper's hawk, San Francisco garter snake, Alameda whipsnake, white-rayed pentachaeta, Ben Lomond spineflower, Marin western flax, Tiburon paintbrush, Coyote ceanothus, Santa Clara Valley dudleya, Metcalf Canyon jewelflower, fountain thistle and San Mateo thorn-mint. The proposed- Draft Land Use and Open Space/Conservation Elements include the following goals and strategies to protect sensitive biological resources in the Saratoga Planning area: Goal LU 8: The natural beauty of the West Valley hillside areas shall be maintained and protected for its contribution to the overall quality of life of current and future generations. Page 30 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 Strategy LU 8.1: Development proposals shall minimize impacts to significant natural hillside features, including but not limited to steep. topography, major stands of vegetation, especially native vegetation and -oak trees, and watercourses. Strategy LU8.2: Adhere to the Northwestern Hillside Specific Plan which is incorporated herein by this reference. Goal LU 9: Generally encourage medium density, multi-family residential and non-residential uses in flatland areas where most appropriate for urban development.. Strategy LU 9.1: Limit Expansion of Urban Development in the Hillside Areas. Goal OSC 1 l: 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 range areas, or restrict access to water food, or shelter. This includes limitations on the installation of barrier fencing in -hillside areas. Strategy OSC 11.2: Through the development and CEQA process, preserve, protect, and maintain riparian habitats and creek corridors. This includes requiring biological surveys of parcels of land that could contain sensitive species or their habitats prior to allowing development on these parcels. Also, the Draft Open Space/Conservation Element includes goals and strategies to preserve existing trees that provide roosting and nesting opportunities for various avian species in the planning area. Goal OSC 12: Support appropriate management for sustaining the health and increasing 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. Strategy OSC 12.1: Development projects should include the preservation of protected trees and other significant trees. Any adverse affect on the health- and. longevity of native oak trees, protected or other significant trees should be avoided through appropriate design measures and construction practices. When tree preservation is not feasible, individual development projects shall include appropriate tree replacement as approved by the City. Strategy OSC 12.3: To further support the City's urban forest resources and __ __ ___ build on_the City's Tree Regulations, the City should establish a Community page 31 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 Forest Master Plan that will identify focus areas of the community in which to implement tree management activities, inventory and assess trees, summarize data and specify benchmarks. Overall, impacts to sensitive biological species, including wetlands, other waters of the US, waters of the state and wildlife corridors are anticipated to be less-than- significant and no mitigation measures are required. e) The Draft Open Space/Conservation Element includes specific goals and strategies to protect tree resources, as identified above. No impact is anticipated. f) The city is not located within the boundaries of any Habitat Conservation Plan or Natural Community Conservation Plan area and no impact is therefore anticipated. 5. Cultural Resources Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro osal result: in: im acts to: a) Cause a substantial adverse change in the significance of a historical resource as defined in 1315064.5? }{ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 1315064.5? }{ c) Directly or indirectly destroy a unique paleontolgical resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X Discussion a) A number of historic resources have been identified in the Saratoga Planning Area. These are described in the Draft Land Use Element. The Element also includes a number of goals and strategies to protect and preserve these resources as part of the vision of Saratoga. These goals and policies include: Goal LU 12: Recognize the heritage of the City by seeking to protect historic and cultural resources, wherever feasible. • Page 32 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Strategy LU 12.1: Enhance the visual character of the City by encouraging compatibility of architectural styles that reflect established architectural traditions. Strategy LU 12.2: Develop zoning and other incentives for property owners to preserve historic resources and seek out historic designations for their respective properties. Strategy LU 12.3: Amend the Zoning Ordinance to allow, in all zoning districts, a Modification of Standards for Historic Structures, as is currently permitted in the C-H district. The Modification of Standards would allow the Planning Commission to have the authority to modify any of the development regulations in the Ordinance, if the subject of the application is a structure which has been designated as an historic landmark. Strategy 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. Strategy LU 12.5: Encourage public knowledge, understanding and appreciation of the City's past and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources. Strategy LU 12.6: The Heritage Preservation Commission shall continually update the City's Historic Resources Inventory. Strategy LU 12.7: Design Review by both the Planning Commission and the Heritage Preservation Commission shall be required for development proposals impacting any of the City's heritage land and/or any historic resources listed on any local or state inventory. Strategy LU 12.8: For any project development affecting structures that are 50 years of age or older, conduct a historic review. Since one of the stated goals is to protect and preserve historic resources in the community, aless-than-significant impact would occur with regard to this topic and no mitigation measures would be needed. b,c) Future construction of public and private development projects that could be facilitated by the Draft Land Use and Open Space/Conservation Elements could have a potentially significant impact on unsurveyed archeological, historic, cultural, Native American and/or paleontological resources. Some private properties are located adjacent to local creeks that could impact cultural resources if grading or construction occurs on these sites. Implementation of Land Use Element Strategy _ . LU 12.9 would require that reconnaissance-levels surveys of development sites be Page 33 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 undertaken prior to construction to ensure that any cultural resources are identified and properly dealt with prior to any impact.- This Strategy includes: Strategy LU 12.9: Conduct recotutaissance-level analyses of new development projects to ensure that no significant archeological, pre-historic, paleontological or Native American resources would be disturbed. If such resources are found, appropriate steps shall be made, consistent with CEQA requirements, to protect these resources. The City of Saratoga initiated Native American Tribal Consultations in December 2005 as part of this General Plan Amendment to further comply with Government Code Section 65352.3 regarding consultation with tribes. The NAHC recommends conducting record starches through the NAHC and California Historic Resources Information System (SHRIS) to determine if any cultural places are located within the Planning Area. Adherence to Strategy LU 12.9 would meet this request. Appendix 1 contains documentation of letters to potentially affected Native American. groups in the Saratoga Planning area. Implementation of the above Strategy will reduce impacts to archeological, historic, cultural, Native American and/or paleontological resources to a less-than- significantlevel. d)' One historic cemetery has been established in Saratoga on Oak Street. No development of structures would be allowed on this site. Therefore, no impact is anticipated regarding disturbance of human remains. 6. Geology and Soils Issue Potentially Potentially Less No - -- - Significant Significant -Than Impact Impact Unless Significant Miti ated Im act Would the ro osal.• a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or X 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? Refer to Division of X Mines and Geology Special Publication 42. Page 34 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • • • ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X 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- X or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), X creating substantial-risks to life or property? e) Have soils incapable of adequately __ supporting the use of septic tanks or alternative waste -water disposal X systems where sewers are not available for the disposal of waste water? Discussion a, c, d) Existing structures within Saratoga and future development projects that could be constructed under the auspices of the Draft Land Use and Open Space/Conservation Elements would be subject to geologic hazards, including but not limited to moderate to severe ground shaking from seismic events, liquefaction, landslides, and other potential unstable soil conditions. Two potentially active faults lie within the alluvial plain portion of the planning area. These include the Berrocal and Shannon Faults. The California Division of Mines and Geology have established Earthquake Fault Zones adjacent to these faults, which require site-specific geotechnical analyses prior to the construction of any development on properties within these Zones, to ensure that construction does not occur on identified fault traces and that building foundations can withstand maximum credible earthquakes anticipated to occur on the faults. This requirement will be enforced by the City of Saratoga as part of the normal development review and geotechnical clearance process to ensure that impacts related to ground rupture would be less-than-significant. New development projects would be required to adhere to construction requirements set forth in the California Uniform Building Code to minimize hazards from groundshaking. The City of Saratoga may also require development ___ _ ___ projects in or near steep hillside areas_to be analyzed in site-specific geotechnical Page 35 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 reports to determine appropriate construction techniques for individual sites. Development allowed under the Draft Land Use and Open Space/Conservation Element will also be required to adhere to the following goals and strategies set forth in the Draft Land Use and Open Space Elements: Goal LU 8: The natural beauty of the West Valley hillsides area shall be maintained and protected for its contribution to the overall quality of life of current and~future generations. Strategy LU 8.1: Development proposals shall minimize impacts to significant natural hillside features, including but not limited to steep topography, major stands of vegetation, especially native vegetation and oak trees, and watercourses. Goal LU 9: Confine urban uses to flatland areas most appropriate for urban development. Strategy LU 9.1: Limit Expansion of Urban Development into Hillside Areas. Strategy LU 9.2: Limit the amount of grading within hillside areas to the minimum amount needed for dwellings and access. Goal OSC 6: Preserve the hillside lands in their natural condition and inherent natural beauty. Strategy OSC 6.1: Through the Land Use Element and Zoning Ordinance, designate lands in the hillier portions of the Saratoga Planning Area -for Open Space- Managed Resource Production, that allows very low density residential uses while maintaining a significant amount of open space. With adherence to required building codes and practice, and adherence to the goals and strategies outlined above; there would be aless-than-significant impact regarding geotechnical hazards. b) Although the proposed project would not result in any direct construction, individual public and private development projects could be facilitated pursuant to the Draft Land Use and Open Space/Conservation Elements that could result in soil erosion into adjacent bodies of water. The City of Saratoga presently enforces surface water quality standards that have been adopted by the Regional Water Quality Control Board to minimize erosion potential from construction and operational phases of projects. In addition, the Draft Open Space/Conservation Element contains Goa19, which states it is the policy of the City to protect existing watercourses in the community and enhance water quality in surface and subsurface -water sources. Potential impacts of soil erosion would therefore be less-than- significant. Page 36 Initial Study City of Saratoga Draft land Use & Open Space/Conservation Elements ' August 2006 e) A majority of dwellings constructed under the auspices of the Draft Land Use and Open Space/Conservation Elements would be connected to a sanitary sewer system. In hillside areas, there may be limited use of septic systems to support individual custom homes. Any use of septic systems would only be undertaken with valid permits from local and County agencies and with appropriate underlying soil conditions, so this potential impact would be less-than-significant. • 7. Hazards Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro osal: a) Create a significant hazard to. the public or the environment through the routine transport; use, or X disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste X within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to X Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or X public use airport, would the project result in a safety hazard for people residing or working in the project area? -- --------- -- - - Page 37 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 fl For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or }{ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fire, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion a) Limited additional development in Saratoga would be permitted under the Draft Land Use and Open Space/Conservation Elements. There is a possibility that some commercial uses could involve the use, transport, and/or disposal of potentially hazardous materials, such as auto service stations, dry cleaning establishments and similar uses. All of these uses would be strictly regulated by city, county, state or other regulatory agency that aless-than-significant impact. would result. b.c) In some instances, previous land uses within Saratoga may have used potentially hazardous materials that, under limited conditions, could be released into the. atmosphere. This may include, but would not be limited, to agricultural chemical residue, use of asbestos in building materials, and the presence of underground storage tanks. -Some of these sites may be located within one-quarter mile of a local school. Construction activities undertaken pursuant to the Draft Land Use Element could release hazardous or potentially hazardous material into the atmosphere, soil or groundwater. This impact could be reduced to aless-than-significant level by requiring applicant's to submit Phase I Environmental Site Assessment reports as part of the normal development review process. Phase I Environmental Site Assessments include an analysis of historic uses of individual properties, a review of regulatory agency data bases for open cases of contamination, a -site walk through and review of similar secondary source material to determine the possibility of site contamination. If warranted, the Environmental Site Assessment may require additional testing and remediation. d) There were no sites listed on the Hazardous Waste and Substances Sites (Cortese) List as of July 21, 2006. This a planning document that is prepared by the California Environmental Protection Agency and used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. _G_overn_ m_ _ent Code Section 65962.5 requires that an updated Cortese List be Page 38 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 provided at least annually. Therefore, no impacts would result from adoption of the Draft Land Use and Open Space/Conservation Elements, and no mitigation measures are needed. • e,f) There are no public or private airports or airstrips located within the Saratoga Planning Area. Therefore, no impacts are anticipated and no mitigation measures are needed. g) .The Draft Land Use and Open Space Conservation Elements do not propose development that would block or obstruct emergency evacuation routes. No impacts are anticipated and no mitigation measures are required. h) .Portions of the Saratoga Planning Area are located within hillside areas that are considered high fire hazard areas. The City of Saratoga is committed to working with the two local fire districts to ensure that new individual development projects -are provided with adequate access for emergency fire and rescue equipment and with an adequate and reliable water supply. These fire reduction measures are included as conditions of approval for new development. Therefore, less-than- significant impacts would result. 8. Hydrology Issue Potentially Potentially Less No Significant Significant Than Impact- - Impact Unless Significant Miti ated Im act Would the ro osal: a) Violate any water quality standazds or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere. substantially with groundwater recharge such that X there would be a net deficit in aquifer volume or a lowering of the local groundwater table level? c) Substantially alter the existing . drainage pattern of the site or azea, 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 ofd site? Page 39 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or ~{ substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stonnwater X drainage systems or provide substantial additional sources of polluted runoff? f) .Otherwise substantially degrade X water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard- Boundary or X Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including X flooding as a result of the failure of a levee or dam? j. Inundation by seiche,tsunami, or X mudflow? Discussion a) The Draft Land Use and Open Space/Conservation Elements do not include significant increases in the amount, type, rate or intensity of development in Saratoga that would cause or create violations of clean water or water discharge standards to occur. Therefore, no impacts would result from adoption of the Elements and no mitigation measures are required. b) No significant changes to the use of water is anticipated with regard to adoption of the Draft Land Use and Open Space/Conservation Elements. Similarly, limited new development would occur in the Saratoga Planning area but this amount of development would not significantly impeded groundwater recharge. The Draft Open Space/Conservation Element contains the following goals and strategies to protect groundwater resources: • • Goal OSC 9: Protect existing watercourses in the community and enhance water quality in surface and subsurface water sources. Page 40 Initial Study City of Saratoga Draft Land Use & Open 3pace/Conservation Elements August 2006 Strategy OSC 9.3: Implement land use controls to protect watershed lands on the upper elevations of hillsides. With adherence to this goal and strategy, no impacts are anticipated with regard to groundwater water resources and groundwater recharge areas and no mitigation measures would be needed. c, d)The proposed project involves consideration of Draft Land Use and Open Space/Conservation Elements. No specific development is -being proposed; however, additional development could be facilitated pursuant to the Draft Elements. The Draft Elements do not propose substantially greater development than currently- allowed under the existing General Plan so that existing drainage patterns would not be substantially changed or altered. Furthermore, the Land Use categories of the Draft Land Use Element contain limitations on site coverage allowed in each category for the purpose of minimizing runoff from development. Strategy OSC 9.2 contained in the Draft Open Space/Conservation Element would also assist in limiting .the amount of increased stormwater flows. This Strategy reads as follows: Strategy OSC 9.2: Concentrate development in those portions of the community least susceptible to soil erosion and minimize grading and the introduction of impervious surfaces. Where appropriate, consider the use of on-site detention or - retention basins to minimize stormwater runoff from sites. In addition; implementation of Draft Land.Use Element Strategies LU 6.1 and LU 6.2 will assist in protecting water quality. Strategy LU 6.1: Incorporate specific standards and requirements into the Zoning Ordinance to preserve and protect sensitive watershed areas on hillsides within the community. Strategy LU 6.2: Development proposals shall incorporate stormwater quality features, including but not limited to, grassy bio-swales, to protect surface and subsurface water quality. A less-,than-significant increase in the amount of stormwater runoff would occur as a result of new development; however, this would be reviewed and accommodated as part of the standard City development review process. e, f) No specific development is being proposed as part of this project and no additional stormwater flows would occur. New development that could be facilitated pursuant to the Draft Land Use and Open Space/Conservation Elements will be reviewed by the City of Saratoga as part of the normal development review process and any improvements in downstream drainage improvements will be required at that time. Adherence to Draft Land Use Element Strategies LU 6.1 and 6.2 will assist in protecting water quality. Similarly, new development will be subject to current Clean Water standards adopted by the San Francisco Bay Regional. Water Quality Control Board and enforced by the City of Saratoga to protect surface water quality so that no impacts would result. Page 41 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 h Draft Elements include a discussion of 100- ear flood hazards and no g-i) Bot Y development would be permitted within flood hazard areas, so there would be no impacts related to flooding of housing projects and no mitigation- measures aze .- needed. j) The Saratoga Planning Area is well inland from the San Francisco Bay and other major bodies of water. The Planning Area would therefore not be subject to seiche or tsunami. Individual projects that would be allowed pursuant to the Draft Land Use and Open Space/Conservation Elements in proximity. to slopes could be subject to geologic hazards including the potential for mudflow. Following standazd City of Saratoga development review procedures, project-specific development reviews would be undertaken for development applications in potential- hazard areas to ensure safety from possible mudflows and similaz hazards. Less-than-significant impacts are therefore anticipated with regard to this topic and no mitigation measures are needed.- 9. Land Use Issue Potentially Potentially Less No Significant Significant Than Impact -~ ~ ~ - -"-" - - - - ~ -Impact" - _~_ Unless - Significant Miti ated Im act Would the ro osal: a) Physically divide an established community? X 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 X .coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X • Discussion a) No significant changes to the existing land use pattern of Saratoga are proposed in the Draft Land Use and Open Space/Conservation Elements that would physically divide an established community. While changes in land use categories are proposed for some parcels, as shown in Exhibits 3 through 10, the changes are consistent and compatible with the existing use of sites and are intended primarily to bring internal consistency between the land use designation and existing use of sites. The change in __ designation _from _ Professional Administrative (PA) to CR (Commercial Retail) Page 42 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 proposed for an existing 9.7 acre vacant parcel located west on Saratoga Avenue and- north of State Highway 85, will not be significant as both current and proposed land use designations are commercial categories. Therefore, no impacts would therefore result and no mitigation measures would be required. • • b) The proposed project would include updating land use, open space and conservation policies contained in the General Plan. Proposed policies are generally consistent with policies contained in existing Elements. There would therefore be no impact with regard to conflicts with plans or policies and no mitigation measures are needed. c) No Habitat Conservation Plans or similar plans have been adopted within the City of Saratoga. There would therefore be no impact and no mitigation measures are needed. 10. Mineral-Resources Issue Potentially Potentially Less No, Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro osal: a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state?. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan, specific plan, or other land use plan? Discussion a,b) _No significant deposits of minerals are known to exist in the Saratoga Planning Area. Therefore, no impacts would result and no mitigation measures are required. 11. Noise Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro osal: a. Exposure of persons to or generation of noise levels in excess of standards established in She local general plan or noise ordinance, or applicable X standards of other agencies? Page 43 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 b. Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? X c. A substantial permanent increase in ambient noise levels in the project . vicinity above levels existing X without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels X existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Discussion a,) The Noise Element of the Saratoga General Plan (1988) establishes noise exposure levels in the community as described in the following table: Table 2. City of Saratoga Acoustic Standards Land Use Standards Da time Evenin CommerciaUOffice Outdoor 65 dBA 55 dBA Indoor 50 dBA 40 dBA Public/Park Outdoor 60 dBA 50 dBA Indoor 50 dBA 40 dBA Residential Outdoor 60 dBA 50 dBA Indoor 45 bDA 35 dBA Notes: dBA =decibels on the "A-weighted" acoustic scale Source: Saratoga Noise Element, 1988 • • Page 44 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 The Noise Element also includes goals, policies and implementation programs to ensure that existing and future land uses constructed pursuant to the General Plan will generate noise levels that are less-than-significant. Existing and future land uses are also subject to the City's noise and nuisance standards. Policy 2.4 of the Noise Element requires new noise-generation uses to mitigate excessive noise levels through preparation of project-specific acoustic analyses. Therefore, future noise levels are anticipated to be less-than-significant. b) Adherence to the City's acoustic standards- established in the Noise Element and Noise Ordinance will ensure that the potential for future groundborne noise and vibration that could be facilitated as a result of the Draft Land Use and Open Space/Conservation Elements will be less-than-significant. c, d) Future public and private construction projects could generate levels of noise in excessive of standards adopted by the City of Saratoga. Adherence to Policy 2.4 of the Noise Element requires potentially noisy projects to obtain site-specific acoustic reports and to mitigate noise levels to aless-than-significant level. Long-term operations of land use will also be required to adhere to City noise exposure standards. In addition, Noise Element Policy 1.2 requires the City to control specific noise sources through enforcement of noise standards. e, f) No public or private airstrips are located in or adjacent to the Saratoga Planning • Area. No impacts would therefore result, and no mitigation measures would be required. 12. Population and Housing • Issue Potentially Potentially Less No Signiiicant Significant Than Impact Impact Unless Significant Miti ated Im act Would the proposal: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes X and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing X elsewhere? Page 45 ~nmar aruay City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 • Discussion a) The Draft Land Use and Open Space/Conservation Elements do not propose significant changes to existing land use patterns. There would be no substantial population growth within any portion of the community resulting from adoption of the Draft Elements. No major infrastructure extensions are proposed as part of either Draft Element. Therefore, there would be no impact and no mitigation measures would be required. b,c) No residential units would be displaced as a result of adopting the two Draft Elements. Therefore, there would be no impact and no mitigation measures would be required. 13. Public Services Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Mitt ated Im act Would the ro osal a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental X facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: b) Fire protection? X c) Police protection? X d) Schools? X e) Parks? X f) Other public facilities? X • Discussion a,b) Fire service for Saratoga is provided by the Saratoga Fire District and the Santa Clara Fire District, both of which are special districts with their own respective boards of directors. The Draft Land Use Element notes that portions of Saratoga, especially the hillside areas, are considered high fire hazard areas. Future individual development projects that would be constructed in the City will be subject to review Page 46 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • • • by the appropriate fire district as part of the normal development review process to ensure that adequate emergency access can be provided for emergency equipment and that an adequate and reliable water supply can be provided to suppress fires. The Safety Element of the General Plan (1987) contains Goal 4, which directs the City to reduce the danger of property damage and loss of life-due to fire in both urban and rural areas of the City. Implementing Policies requires the installation of early warning fire alarm systems for many new dwellings, enforcement of fire protection regulations for fire hazard areas and undertaking studies to determine the need for additional fire protection regulations. It is unlikely that additional new or substantially enlarged fire stations or other fire facilities would be required to serve the additional amount of development anticipated in the Draft Land Use Element and no impacts would occur. c) Police- protection for the city of Saratoga is provided under contract to the Santa Clara She'riff's department. Service to Saratoga is provided from the West Valley Division of the Department located at 1601 S. De Anza Boulevard in Cupertino. Since land use patterns in Saratoga would not significantly change if the Draft Land Use and Open Space/Conservation Elements are adopted by the City, there would be no need to significantly expand Sheriff Department offices or related physical facilities to continue providing services to the City. No impacts are anticipated and no mitigation measures would be needed. d) The Draft; Land Use Element does not propose an increase in the number of new residential dwellings above that anticipated in the current Land Use Element that would result in a significant increase in school-aged children; therefore no impacts to local- school facilities are anticipated. New residential. development will be required to pay state-mandated school impact fees to offset the costs of any impacts to local school districts. e For impacts to parks, refer to item 14, below. f) No impacts to maintenance of other governmental functions are anticipated, since new public services and facilities, once constructed, would be built to City and/or appropriate special district standards and would not require maintenance for a number of years. No mitigation measures would be needed. i i 14. Recreation ~ Issue Potential Potentially Less No ly Significant Than Impact Signifies Unless Significant nt Mitigated Impact Im act City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Would the ro osal: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Discussion a) -The Draft Land Use Element does not propose a significant number of additional residential dwellings in Saratoga that would require construction of a significant number of new neighborhood or regional parks. As discussed in item b) below, the project also includes goals and strategies for providing additional parks and open space in the community. No impacts are therefore anticipated with regard to increased use of neighborhood and/or regional parks and no mitigation measures . would be needed. • b) The proposed project consists of updates to the Land Use and Open Space/ Conservation Elements that, among other objectives, includes a strategy for- increasing the amount of parks in Saratoga. The following goals and strategies are included in the Draft Open Space/Conservation Element to protect and increase the amount of parkland in the City. 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. Strategy OSC 3:1: Ensure that existing and future parks and dedicated open spaces remain part of the public domain in perpetuity. Strategy OSC 3.2: Preserve open space and recreational resources provided on school sites and surplus school sites through joint use agreements, acquisition and/or land use controls. Goal OSC 4: Strive to achieve a ratio of 5 acres of park and open space area per 1,000 residents. Overall, no impacts are anticipated within regard to providing additional parks and recreational facilities required and no mitigation measures would be needed. Page 48 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 15. Traffic and Transportation • Issue Potentially Potentially Less No Significant Significant Than . Impact Impact Unless Significant Miti ated Im act Would the proposal: a) - Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the X number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management X agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an X increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) X or incompatible -uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Result in inadequate parking ~ X capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., X bus turnouts, bicycle racks)? Discussion a-b) Accommodation of additional traffic in the community is governed by the Circulation Element of the General Plan, last updated in 2001. This Element establishes a minimum Level of Service (LOS) D at street intersections under City jurisdiction A -lower LOS may be accepted if it is determined that achieving LOS D Page 49 Initial Study City o/ Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 is not feasible. For roadways and intersections under the jurisdiction of the Santa Clara County Congestion Management Agency (CMA), the LOS standard is E. Generally, no significant amount of additional development is proposed in the Draft Land Use and Open Space/Conservation Elements that would substantially increase traffic on roadways in Saratoga. Further, implementation Measure CL2.22 requires. major development proposals in Saratoga that would generate more than 50 net new trips to prepare a transportation analysis, including methods to reduce peak hour trips to acceptable levels. The proposed change of the Land Use Map includes a redesignation for the approximately 9.7-acre vacant parcel on the west side of Saratoga Avenue (approximately 1,000 feet north of the .intersection of Saratoga Avenue and State Route 85) from PA (Professional, Administrative) to CR (Commercial Retail). At full buildout, this property could potentially accommodate an estimated 106,000 gross square feet of commercial land uses, assuming development at maximum allowable site coverage. Under this assumption; a development could potentially generate approximately 290 additional PM peak hour trips over and above the number of P1vi peak hour trips that would result from the maximum development potential under the existing Professional Administrative land use designation. Intersections near the project site at Saratoga Avenue and Cox Avenue and the Saratoga Avenue and SR 85 intersections are operating near maximum capacity and the construction of additional travel lanes at these intersections may not be feasible. However, any new project for that site will required design review and site-specific environmental- review. Adherence to Circulation Element Policy CI.2.22 will require completion of a detailed traffic and transportation analysis of any future project on this property when asite-specific development proposal is filed with the City. At that time, appropriate recommendations can be made as to how best to accommodate additional traffic that could be generated by retail commercial uses, including but not limited to identifying an appropriate mix of land uses, maximum floor area ratios, implementation of trip reduction techniques and other measures to ensure that future traffic impacts would be less-than-significant within the community. Therefore, less-than-significant impacts would result with regard to traffic increases or impacts to Congestion Management Agency (CMA) routes and no mitigation measures are needed. Future project-specific mitigation measures may be recommended based on individual traffic analyses. c) The proposed project would have no impact on air traffic patterns, since it involves updates to the Land Use and Circulation Elements of the General Plan. No mitigation measures would be required. d) All facilities constructed pursuant to the Draft Land Use and Open Space/Conservation Elements would comply with City and/or special district design standards. Therefore, the proposed project is anticipated to have no impact with regard to safety factors. Page 50 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 e) Approval of the Draft Land Use and Open Space would have no impact regarding emergency access, since any new private development that would be facilitated. by the proposed Draft Elements would not occur on public rights-of-way and will be reviewed by the -City of Saratoga, appropriate Fire Districts and the Santa Clara County Sheriff's Department to ensure that no emergency accesses are blocked or impeded. f) Parking for individual projects facilitated as part of the Draft General Plan Elements would contain on-site parking, per the City's Zoning Ordinance. Therefore, no impacts are anticipated -and no mitigation measures are needed. g) The Draft Open Space/Conservation Element contains goals and implementing strategies to promote the planning, acquisition and construction of new pedestrian, . equestrian and bicycle trails in Saratoga. These include: 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. A number of implementing strategies are proposed in the Draft Open Space/Conservation Element to assist is achieving the above goal, including: Strategy OSC 5.1: The City shall continue to use the Parks and Trails Master Plan as a day-to-day guide for the development, maintenance and financing of trails in Saratoga. Strategy OSC 5.2: The City shall promote the acquisition of new trails through purchase, dedication or gifts. Strategy OSC 5.3: Trail planning, acquisition, development, maintenance, and management shall be coordinated among the various local and County volunteer agencies, as well as local, regional, state, and federal agencies which provide trails or funding for trails. Strategy OSC 5.5: Trail development, patrol, and maintenance responsibilities shall be coordinated with all entities involved with each trail segment. In most cases, development responsibilities shall be borne by the property owner with maintenance activities undertaken by the City. No impacts are therefore anticipated with regard to promoting alternative modes of transportation and no mitigation measures are needed. Page 51 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 16. Utilities and Service Systems Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act Would the ro'ect a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control X Board b) Require or result in the construction ' of new water or wastewater treatment facilities or expansior of existing facilities, the construction of which X could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing water entitlements and X resources, or are new or expanded entitlements needed? 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 X project's projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate X the project's solid waste disposal needs? g) Comply with federal, state and local statutes and regulations related to X solid waste? • Discussion a, e) Wastewater treatment and disposal within Saratoga is provided by the Cupertino Sanitary District: The Draft Land Use and Open Space/Conservation Elements do Page 52 Initial Study City o/ Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 not include significant amounts of new development that would require treatment capacity exceeding the capacity of existing facilities. Therefore, Regional Water Quality Board discharge requirements would not be exceeded and no impact is anticipated. b, d) Potable water is supplied to Saratoga by the San Jose Water Company. The staff of the San Jose Water Company has prepared an Urban Water Management Plan (UWMP) that includes small increases in the amount of additional development in Saratoga. The UWMP notes that along-term reliable water supply is available to supply existing uses in the water company's service area. In addition, the Draft Open Space/Conservation Element includes the following goals and strategies to conserve water resources: Goal OSC 10: Maximize the use of the City's water supply.- Strategy OSC 10.1: Implement water conservation provisions of the Urban Water Management Plan. Based on the- above, no additional water facilities would be required to support -the provisions of the Draft Land Use and Open Space/Conservation Elements and no impact would result. Similarly, there would not be a need to expand wastewater treatment or disposal facilities and there would be no impact with regard to expanding wastewater facilities. c) The Draft Land Use and Open Space/Conservation Elements do not propose significant additional areas of growth in the. Saratoga Planning Area.. Adherence to Implementation Strategy OSC 9.2 ("Concentrate development in those portions of the community least susceptible to soil. erosion and minimize grading and the introduction of impervious surfaces.) will further minimize any impacts from development. Where appropriate, consider the use of on-site detention or retention basins to minimize stormwater runoff from sites.") would serve to minimize storm drain runoff in the community. Less-than-significant impacts are anticipated with regard to construction of new drainage facilities. f, g) The Draft Elements propose minimal expansion of additional development in the City that would generate significantly increased amounts of solid waste. Therefore, no new or expanded solid waste facilities would be required as a result of this project and no impacts are anticipated. Page 53 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 17. Mandatory Findings o4'Signifcance Issue Potentially Potentially Less No Significant Significant Than Impact Impact Unless Significant Miti ated Im act a) Does the project have the potential to degrade the quality of the X 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 of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or rehisto ? b) Does the project have the potential to achieve short-term, to the }~ disadvantage of long-term, environmental oals? c) Does the project have impacts that are individually limited, but }~ _ _ _ cumulativel considerable? _ _ __ ____ _ _ d) Does the project have environmental effects which will cause substantial }{ adverse effects on human beings, either directl or indirectl ? a) No. The preceding analysis indicates that the proposed City of Saratoga Land Use and Open Space/Conservation Elements of the General Plan would not have a significant adverse impact on overall environmental quality, including the potential of reducing the habitat of fish or wildlife species, elimination of any special-status plants, a reduction of the number or range of endangered -plant or animal species to eliminate important examples of California history or prehistory. b) No. The proposed General Plan Elements would not achieve short-term objectives to the disadvantage of long-term goals, since goals and strategies contained in the two Draft Land Use and Open Space/Conservation Elements .would assist in preservation of open spaces, natural resource areas, and riparian areas, as well as promoting the creation of new parks and recreational facilities in Saratoga. c) No. No such cumulative impacts have been discovered in the course of preparing this Initial Study. • d) The Initial Study notes that goals and implementing strategies included in the Draft Land Use and Open Space/Conservation Elements will serve to protect the health of humans. Pa a 54 Initial Study g City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 Initial Study Preparer Jerry Haag, Urban Planner Deborah Ungo-M£Cormick, Ungo-M£Cormick Consulting Jane Maxwell, report graphics Agencies and Organizations Consulted The following agencies-and organizations.-were contacted in the course of this Initial Study: City of Saratoga John Livingstone, AICP, Community Development Director Therese Schmidt, AICP, Associate Planner Suzanne Thomas, Assistant Planner Ivetta Harvancik, Associate Civil Engineer Saratoga Fire District Duk Mattern, Fire Marshal Traffic: Sorab Rashid -Fehr & Peers, Transportation Consultants References Association of Bay Area Governments, Projections 2005 Bay Area Air Quality Management District, CEQA Guidelines, revised December 1999 California Department of Fish and Game, California Natural Diversity Database (website), 2006 City of Saratoga, Circulation and Scenic Hi._ghwa~Element Update, Fehr & Peers Associates, 2001 City of Saratoga, Noise Element of the General Plan, Pack & Associates, 1988 City of Saratoga, Parks and Trails Master Plan, WRT Planning, 1991 City of Saratoga, Safety Element of the General Plan. 1987 Department of Toxic Substances Control, Cortese List (website), July 21, 2006 San Jose Water Company, Urban Water Management Plan, 2005 • Page 55 Initial Study City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 • Appendix 1 • Page 56 Initial Study • City of Saratoga Draft Land Use & Open Space/Conservation Elements August 2006 q ~ o ` _O~ j. ~~~ oo ~ • • ~ ~~~~~ ~,~~ ~ rU ~ ~ r1~ ~~~~ L ~ ~a~ ~~.~~~~~ 13777 I~RliIT~'ALl A~'E~UE t SARnTC~Ga. GaLI>'vF;.I~1.~ 85070 Incorporated October 22, 1956 December 19, 2005 Amah Mutsun Tribal Band Attn: Valentin Lopez, Chairperson 3015 Eastern Ave, #40 Sacramento, CA 95821 IZE: Notification of Pending General Plan Update for the City of Saratoga Dear Valentin Lopez: COliNCIL hII:A4:3EI2S: kileen Kao Kathleen King A~orman Kline IJick Streit r;nn ~Valtonsmith I would like to take this opportunity to inform you that the City of Saratoga has contracted with a consultant to update three Elements of the City's General Plan: Land Use, Open Space and Conservation and to invite you, if you should so choose, to participate in the General Plan Update process. The City of Saratoga has aloes-density residential land use pattern that is well established and is unlikely to change. The Land Use Element will describe the history of land use planning in Saratoga, discuss major issues that face the City, and present the objectives, policies, and programs that will determine how land use and growth will be managed in Saratoga. The Land Use Element was last updated in 1983. The City Counsel adopted the Conservation Element of the General Plan in 1988. The Element outlines natural and cultural resources available to the residents of Saratoga. The Open Space, Recreation and Trails element of the General Plan serves as a basis for future trails, parks and open space acquisitions within the City. The Open Space Element was adopted by the. City Council in 1993. The objective of the current task is to update and combine these two Elements into one Element. The targeted. start date is January 2006, with adoption of the General Plan update by the City County in October of 2006. Please contact me within 90-days of the postmark of this letter informing me if you will be participating in the update process. Please feel free to contact me at 408-868-1230 if I can be of any assistance in answering your questions or concerns. Respectfully, .`~V Therese M. Schmidt, Associate Planner ~, ~ D d , 0 A G ~~~~ ~~~~ o~ 1377=1 ;ERUCT\~ALE AV~ENU:E • SARATOGA; CALIEOP~NiA .95070 • COUNCIL A9En7BERS: - :... :. .Incorporated October 22, 1956 Aileen Kao _ .. Kathleen King D:eceniber 19. , 2005 .. .IVoman Koine • :._:•: Nick•Sired .., ~ , . Ann Wa/torismith 1VIui?yelaria Indian Tn1ie Rosemary :Cambra; Chairperson P© Sox 36Q79 1vhlptas,:CA .93U36 _ . RE. Notification of Pending General-Plan Update for the City:of Saratoga.. Dear Rosemary Cambra:. i would.-iike to take this opportunity to inform you That the: pity o#` Saratoga has contracted vvith_ a ': consultant to update three. Elements- of the City's ,General-Plan . Land Use, Qpen Space and: :Conservation and.to invite.you, if :you should so' choose, to participate in-the General Pian Update process: - The C~ of Sarato alias slow-density residential land.use :pat#ern that is well established and is ty g unlikely to change.. ;The Land. Use Element will describe;.the history..: of land .use planning ~n Saratoga; :discuss-.major issues-.that face :the.City, and present. the objectives, _poicies, and programs that. will determine "how wand -use and ,growtli will.be managed in Saratoga. The: Land. U e Blement was oast. updated ~id i .983, The City: Counsel adopted tlae Conservation Element of the General. Flan in 1988. -The. Element . ;, . _. outlines natural and cultural resources available to the residents of Saratoga: The Dpen :Space, Recreation and Trails .element of the General Plan serves as 'a basis :for future trails, parks and. ..: -open space acquisitions wrtlun the. City.. The Open Spaee :Element was -adopted; by the City Council;in 1993. The-objective =of.the current ask.is to update.and combine these #~o Elements: ..into one Element. .. -.'The targeted start .date is .January 2006; _ wv~th adoption of the General Plan. update by~ the City . Countyin October of2006: Please= contact me within.`90-days..of the postmark of this- letter informing me if-,you. will be participating in the update.process. Please feel free to contact me at 408-868-12301 ~if I carp be of any assistance in answering,your questions or concerns. Respectfully, ~ - . ~. Therese M. Schmidt, Associate Planner • "6-. O ~Y c~~;._ ~.; ~--: 1;1777 rRi:~I~'\~Ai~E .~`,T_-',iUr ~ SARATOG~. C'.~.I.IF(~I;.?~'I~: ;~507C Incorporated October "c2, 1956 December 19, 2005 Indian Canyon Mutsun Band of Costanoan Attn: Arai Marie Sayers, Chairperson P.O. Box 28 Hollister, CA 95024 RE: Notification of Pending General Plan Update for the City of Saratoga Dear Ann Marie Sayers: i'OUNC'it. ;1IEA]'3EIZS: Aileen Kao Kathleen Kino ~Jorman Kline lJick Streit Ann Waltonsmith I would like to take this opportunity to inform you that the City of Saratoga has contracted with a consultant to update three Elements of the City's General Plan: Land Use, Open Space -and Conservation and to invite you; if you should so choose, to participate in the General Plan Update process. The City of Saratoga has aloes-density residential land use pattern that is well established- and is unlikely to change. The Land Use Element will describe the history of land use planning in Saratoga, discuss major issues that face the City, and present the objectives, policies, and programs that will determine how land use and growth will be managed in Saratoga. The Land Use Element was last updated in 1983. The City Counsel adopted the Conservation Element of the General Plan in 1988. The Element outlines natural and cultural resources available to the residents of Saratoga. The Open Space, Recreation and Trails element of the General Plan serves as a basis for future trails, parks and open space acquisitions within the City. The Open Space Element was adopted by the City Council in 1993. The objective of the can ent task is to update and combine these two Elements into one Element. The targeted start date is January 2006, with adoption of the General Plan update by the City County in October of 2006. • Please contact me within 90-days of the postmark of this letter informing me if you will be participating in the update process. Please feel free to contact me at 408-868-1230 if I can be of any assistance in answering your questions or concerns. Respectfully, ~la~,.,m ~,~BJ Therese M. Schmidt, Associate Planner ~ ~~ 13i7i FP,uIT~'.4LE AVENUE ~ S:~l~ATOGA; CAI,IFOH\lA 950 r0 Incorporated October 22, IS5G December 19, 2005 Amah Mutsun Tribal- Band Attn: Irene Zwierlein, Chairperson 789 Canada Road Woodside, CA 94062 RE: Notification of Pending General Plan Update for the City of Saratoga Dear Irene Zwierlein: C'OL?\'C']I_ A9E)1113ERS: Aileen Kao Kathleer, Kino Norman Kline Nick Streit Ann lh~altonsmith I would like to take this opportunity to inform you that the City of Saratoga has contracted with. a consultant to update three Elements of the City's General Plan: Land Use, Open -Space and Conservation and to invite you, if you should so choose, to participate in the General Plan Update process. The City of Saratoga has aloes-density residential land use pattern that is well established and is unlikely to change. The Land Use Element will describe the history of land use planning in Saratoga, discuss major issues that- face the City, and present the objectives, policies, and programs that will determine how land use and growth will be managed in Saratoga. The Land Use Element was. last updated in 1983. The City Counsel adopted the Conservation Element of the General Plan in 1988. The Element outlines natural and cultural resources available to the residents of. Saratoga. The Open Space, Recreation and Trails element of the General -Plan serves as a basis for future trails, parks and open space acquisitions within the City. The Open Space Element was adopted by the City Council in 1993. The objective of the current task is to update and combine these two Elements into one Element. The targeted start date is January 2006, with adoption of the General Plan update by the City County in October of 2006. Please contact me within 90-days of the postmark of this letter informing me if you will be participating in the update process. Please feel free to contact me at 408-868-1230 if I can be of any assistance in answering your questions or concerns. Respectfully, • -- -- Therese M. Schmidt, Associate Planner 12/14/2005.16:51 FA% 916 657 5x90 NAHC C~J001/002 Arnold Schn c~re~rc nF tal t'F(1Rr11A ~ATIVE AMERICAN HERITAGE COMNIISSION IS CAP17'OL MALL ROOM ~4 SACRAM6Nl0, CA 96514 (916)653-4082 Fax (916) 657-5390 December 14, 2005 Theresa Schmidt City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Sent Via Fax: 408-867-8555 # of Pages: 2 RE: General Plan Update, City of Saratoga Dear Mr. Schmidt: Government Code §65352.3 requires local governments to consult with Calffornia Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of protecting, and/or mitigating impacts to cultural places. Attached is a consultation list of tribes with traditional iands or cultural places located-within the requested General Plan boundaries. Asa part of consultation, the NAHC recommends that local governments conduct reeer~-seaTc~~ through the NAHC and California Historic Resources Information System (CHRIS) to determine 'rf any cultural places are located within the area(s) affected by the proposed action. NAHC Sacred- Lands File requests must be made in writing. All requests must include: county, USGS quad map name, township, range and section. Local governments should be aware, however, that records maintained by the NAHC and CHRIS are not exhaustive, and a negative response to these searches does not preclude the existence of a cultural place- A tribe may be the only source of information regarding the existence of a cultural place. If you receive notification of change of addresses and phone numbers from Tribes, please notify me. nth your assistance we are able to assure that our consultation list contains current information. !f you have any questions, please contact me at (916) 653-4038_ De ie Pilas-Treadway Envir nmental Specialist III. 12/14/2005 16:51 FA% 916 657 5190 NAHC California Tribal Consultation List City of Saratoga December 14, 2005 ~mah MutsunTribal Band Valentin Lopez, Chairperson 3015 Eastern Ave,.#40 Ohlone/Costanoan Sacramento ~ CA 95821 (916) 481-5785 ~-mah/MutsunTribal Band Irene Zwierlein, Chairperson 789 Canada Road Woodside CA 94062 amah mutsun~yahoo.com (650) $51-7747 -Home Ohlone/Costanoan Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Chairperson P.O. Box 28 OhlonelCostanoan Hollister _ __ ~ CA_9502a _ _ __ ~ _ _ _ _ ~ 002/002 v • ~ C~ ~o ~~ - ~.~ ~av~-~ ~~ 8 .~ ~ w i----~ ~ Q~ ~ ``,~. • Muwekma Indian Tribe Rosemary Cambra, Chairperson PO Box 360791 Ohlone/Costanoan Milpitas CA 95036 This nst Is current only as of the date of this document. Distribution of thl9 Ilst does not relieve any person of statutory responalbllity as defined In Section 7050.5 of the Health and • Safety frtlde, $ectlon 5097.94 of the Public Resources Cede and Section 5097.98 of the Public Resources Code. This ilst is applicable only for Consultetlon with Native American tribes untler Government Code Section 653523. 12/14/2005 18:51 FA% 918 85i 5390 NAHC 0 001/002 Arnold Schw __ AF f AI.I NATIVE ANJ~RICAN I~'ERITAGE COMMISSION 915 CAPITOL MALL ROOIri 964 SAORATv~NTO, CA 9b814 (916) 653-4982 Fax (916) 657390 December 14, 2005 Theresa Schmidt City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Sent Via Fax: 408-867-8555 # of Pages: 2 RE: General Plan Update, City of Saratoga Dear Mr. Schmidt: Government Code §65352.3 requires local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of protecting, and/or mitigating impacts to cultural places. Attached is a consultation list of tribes with traditional lands or cultural places located within the requested General Plan boundaries. Asa part of consultation, the NAHC recommends that local governments Conduct record searches through the NAHC and Calirfornia Historic Resources Information System {CHRIS) to determine 'rf any cultural places are located within the area(s) affected by the proposed action. NAh1C Sacred Lands File requests must be made in writing. All requests must include: county, USGS quad map name, township, range and section. Local governments should be aware, however, that records maintained by the NAHC and CHRIS are- not exhaustive, and a negative response to these searches does not preclude the existence of a cultural place_ A tribe may be the only source of information regarding the existence of a cultural place. If you receive notification of change of addresses and phone numbers from Tribes, please notify me. nth your assistance we are able to assure that our consultation list contains current information. If you have any questions, please contact me at (916) 653-4038_ ~ •,y •.,~ r ~- Pilas-Treadway mental Specialist III Attachment 3 • _! __ Date: December 4, 2006 To: Planning Commission From: Deborah Ungo-McCormick/Jerry Haag, Consultants Via: John Livingston, Community Development Director Re: Listing of Issues from 11/8/06 Public Hearing on the Draft Land Use and Open Space/Conservation Issues Introduction As a follow up to the public hearing on the Draft Land Use and Open Space/Conservation Elements held on November 8, 2006, the consulting team-has prepared the following matrix that summarizes issues raised at hearing. It is intended that this matrix will serve as an agenda for the workshop scheduled for December 12, 2006. Summary matrix Issue/Existin Condition Discussion P.C. Direction Land Use Element General Plan Land Use Map- Per Jerry Bruce, add additional add additional Community public properties on Exhibit 6 Facilities designations for to the proposed CFS land use additional properties on designation. Exhibit 6. Exhibit has been revised, accordingly, except that the church parking lot parcel cannot be redesignated from residential (M-10) to CFS per Measure G. (See attached Exhibit 6) Village Specific Plan, lot Consider reducing the existing coverage requirements 100% building coverage per lot. Coverage requirements are regulated by Village SP (LUE page 13). More appropriate mechanism is through an amendment o the Village S and Zoning Ordinance. Page 1 of 5 December 4, 2006 • r ~_ • • • Village Specific Plan- Consider increasing the building height limit maximum building height in the CH-1 District to 3 stories, Height requirements are regulated by Village SP (LUE page 13) and Zoning Ordinance. More appropriate mechanism is through an amendment of the Village SP and Zoning Ordinance. Bed & Breakfast Inns- Current policy provides for inconsistency between allowing B&Bs in commercial General Plan and existing or residential areas (See LUE zoning standards Page 26). Zoning Ordinance allows only in commercial and office districts as conditional uses. To allow in residential zoning districts, specifically on Oak Street, will require a Zoning Ordinance amendment. Goal LU 1-consider . Consider changing the changing wording of this goal: wording as follows: "Preserve "Maintain the predominantly and enhance the semi-rural residential predominantly rural and semi- character of Saratoga" (LUE rural residential character of Page 26) Saratoga." Annexation Goals and Policies Suggestion to review the annexation policy in light of most recent state law changes. (LUE Page 32). Consider adding a new policy: "The City shall periodically review annexation policies and procedures to ensure compliance with most current land use changes". Public Utilities Corridor Consider designating all major designation (PUC) PG&E corridors in this designation. PUC corridor language was specifically created for designation of railroad - Page 2 of 5 December 4, 2006 corridor and future multi-use trail, not for PG&E corridors. Land use designation for Library site currently heritage orchard, currently designated PF on land use proposed to be "CFS." map. CFS designation would only apply to-this site. Heritage orchard is designated OS-MR, and no change proposed. Recommend redesignation of library site only to CFS, consistent with redesignation of other PF sites. Status of Area Plans Discuss updating of individual area plans as part of the LUE update process. LUE Policy 1.4 and . Implementation Program l.b provide for area plan update. Goals, policies definitions Include definitions for goals and policies in the LUE. LUE already includes definitions for Goals.and implementation measures at the beginning of the Section (See page 25). Recommended definition for policy: `A policy is a specific statement that guides decision making. It indicates a commitment of the agency to a particular course of action. " • • Page 3 of 5 December 4, 2006 • • ~~ PA land use category-review Review definition of piano allowed land uses schools and other professional schools (LUE Page 13). Zoning Ordinance provides for such uses by conditional use permit in the PA District. Land Use Goal 9b Review meaning of the words "grading...to be limited to the minimum required for dwellings and access." (LUE Page 30) Draft O en S ace Element Urban Forest Inventory Discuss the feasibility and usefulness of undertaking an Urban Forest Inventory. Information will be presented by City Arborist at Study Session. Prohibition on logging Consider adding a logging prohibition. Currently timber production lands are primarily in Sphere of Influence, under County jurisdiction. Consider adding new policy in OSC (Page 45): "It is the Ciry's policy that forested lands in the City's Sphere of Influence shall be managed to maximize environmental protection and to discourage logging to the maximum extent possible. " Discussion of schools Consider replacing discussion of schools in the OSC Element with same wording as the LUE Element. Will be done when final wording is accepted by P.C. Page 4 of 5 December 4, 2006 Open Space Advisory Consider the future Committee establishment of an Open Space Advisory Committee. Policy discussion. Land Trust Consider establishing a land trust to own non-government open space lands. Policy. discussion. Sizes of Parks, especially Review optimum sizes of mini-parks parks, especially size, functionality and maintenance ofmini-parks. No changes in existing park discussion recommended by OSC Advisory Committee (Pedestrian, Bicycle and Equestrian Trails Committee) -outside scope of this update. Use of Segways on City trails Discuss general use of trails as related to motorized vehicles. Too specific for G.P. Appropriate mechanism is through City Ordinance amendment. • • • Page 5 of 5 December 4, 2006 i W ,~ SEE INSET BELOW ;' ~~ ~~~~l~~~\ '~ .~ ~ .a "'Jl~~~ > , ~ • Q ~~,~ ~. ;s ~ ~~ w ~ / OAK ~ ~ \ } ~ C?~pd LOMIT ~ ~~ `~ op~ ~ ~ ~ ~ SARATOGA-LOS _ __ ~ ~ ~ ~,~'~ GATOS ROAD? /~- 6 ~\ / \ ` / \%F~ H ~•• O i \ ~~ / ~ ~ ~F ~ ~ ~ / / ~ ~ Tq i / ' / o % `ce 1 \~ % % / a `T ~_ • ~ HILL I : ~~ r~ - __-- ~ ~-,N Land Use Map Amendments Exhibit 6 ® QPF to CFS ® PF to CFS ® RLD to RVLD a CR to CFS ^ CR to OS-MR Page 18 Initial Study City of Saratoga Drag Land Use & Open Space/Conservation Elements August 2006 Revised November 29, 2006 .7 Attachment 4 • ut se Re ~~~. TO7 c =aa~ , ~ i 9L'IFOR~1/ DRAFT LAND USE ELEMENT To the reader: The enclosed document includes existing and proposed text, shown as follows: Normal text = Language contained in existing Element that is proposed to be incorporated in Update. c+r;~o+hr;,, ,nh +o..+ =Existing Element text to be removed Underlined normal text =Proposed new text (as included in August 25, 2006 Draft) Bold/underlined text =New text as proposed to address Planning Commission direction given during Study Sessions. REVISED NOVEMBER 1; 2006 PREPARED BY: LINGO-MCCORMICK CONSULTING JERRY HAAG, URBAN PLANNER ut seR9 4 r0 F ;2`a; 4 9 ~ ~ -'-A Iona'..<Q.i 91'IFOR~~/ Table of Contents INTRODUCTION BACKGROUND LAND USE PLAN LAND USE ISSUES _ ADMINISTERING Al\'D IMPLEMENTING THE LAND USE ELEMENT GOALS POLICIES A1~'D IMPLEMENTATION MEASURES Draft Land Use Element 1 2 11 19 22 25 •' 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 18 3 4 9 10 17 20 t Saratoga General Plan i Revised Nov. 1, 2006 ^ ~ ~^~ ~°+ ~~ ~nn~ of SAg9 ,4 ?' _ .v p9 o q B8tl 'A~ 9LIFOR~l~ INTRODUCTION Purpose • • Draft Land Use Element Saratoga's low density residential land- us~at- tern is well-established and unlikely to change. This Element describes the history of land use planning in Saratoga discusses the major issues that face the Ci ,and presents the goals and policies that will determine how land use and erowth will be managed in Saratoga over the next 20 to 25 years. Consistent with State Law, -this Land Use Ele- ment describes the general location and extent of land uses within Saratoga for housing, business, open maces civic and other uses. It also in- cludes standards for population density and land use intensity for the various types of land uses encompassed in the Element. This Element is intended to serve as a central framework for the entire General Plan and as a wide to planners, the e~ral public and decision makers as to the desired pattern of development for Saratoga. Relationship to Other Elements According to State Planning Law, each Element is distinct and all the Elements together com- prise the General Plan. All Elements of the Gen- eral Plan are interrelated to a degree, and certain goals and Qolicies of each Element may also ad- dress issues that are the primary subjects of other Elements. The integration of overlapping issues throughout the Elements provides a strong basis for implementation of plans and pro r~ ams, and achievement of community goals. This Ele- ment establishes the planned land use pattern for Saratoga based on historic development and the community's vision for the future. Land use planning takes into consideration housing needs identified in the Housing Element, natural and manmade hazards and development constraints identified in the Safety Element, and the open space and Saratoga General Plan conservation coals and policies that -are outlined in the Open Space/Conservation Element. Alter- natively, the other Elements ensure that infra- structure, utilities and public facilities are avail- able to accommodateplanned land uses, and that the unique qualities of Saratoga are safe uarded and enhanced. Finally, a circulation plan is es- tablished in the Circulation Element to accom- modate increased traffic from planned uses in accordance with the Land Use Element. Revised Nov. 1, 2006 ^ ~ ~^~ ~°+ ~~ ~nn~ vt snR9 4 TO ,•C~ - ~ 7 C9LIFOR~l/ BACKGROUND Regional Setting The Citv of Saratoga is located in the westerl portion of Santa Clara County just southwest of the major metropolitan community of San Jose and proximately 35 miles south of San Fran- cisco. Saratoga is found at the southerly end of the San Francisco peninsula. The north south and easterly_portion of the community is sited on an historic alluvial plain shared with the adiacent communities of Cuper- tino San Jose. Los Gatos and Monte Sereno. The westerly portion occupies low-lying foot- hills of the Santa Cruz Mountains and is adia- cent to unincorporated properties within Santa Clara County. Major regional access to the community is pro- vided by State Route 85 (SR-85), a six-lane freeway linki~ to US 280 in Cupertino and US 101 to the north in Mountain View, US 101 south in San Jose, and to SR 17 to_north San Jose and southwest to Santa Cruz County. Local roadways linking Saratoga to surrounding com- munities include Saratoga-Los Gatos Road, Saratoga Avenue Highway 9 and Saratoga- Sunnyvale Road. Figure LU 1 shows the regional setting of Sara- toga. Saratoga's Planning Area Saratoga's Planning Area consists of all proper- ties located within the incorporated boundary of the City, as well as lands within City's Sphere of Influence As of 2006 lands withiri the City lim- its consists of approximately 12.8 square miles, The where of Influence consists of approxi- mately 4 square miles of unincorporated lands that are anticipated ultimately to be annexed by the Ci Figure LU 2 depicts Saratoga's Planning Area. Draft Land Use Element .~ ; ~~ Y ~, - ~ ..~~: . Y, ~ ~% . _. • • • Saratoga General Plan 2 Revised Nov. 1, 2006 ° ~ ~^~ ~~+ ~~ Anna r GN • of -SA~q~ ;`~4_~9 -tit ' ~eae ~ C9tIFOR~~~ Draft Land Use Element Merced I i• s k 0 0 's v F a 0 Gt m Sacramento ~) Q Stockton `~ ^~~ v I ,~ I Modesto Exhibit LU-1 REGIONAL LOCATION G f0 2C 30 <0 ~ :rulee Saratoga General Plan 3 Revised Nov. 1, 2006 "~ ~^~ ~~+ ~~ manna of sAR9 4 T U~ _' O7 i ieso'. \LrFOR~r~1/ Draft Land Use Element r*_ .`.._..~ ~g~ Prospect Road ....i - Cox Avenue ., j .-- ~ a ~ Mt. tiae~ k~ dy ~ a~, ~~e a o ~ ~zs P O' vt `o~a ~,a e ~ 5 4 ~cca, ~, ! A1lendaie Avenue ~l ~ - a~ c d `sue ~ ' ~1ay t ;I B}t;Bas~r O a°- v,r w o, c ago s ~ o ~ a a • ~ r t ~ f ... ~ - m SOURCE: City of Saratoga, July 2006. Exhibit LU-2 SARATOGA PLANNING AREA City Limit -•-•• Sphere of Influence Boundary ----------------• Urban Services Boundary 0 1/4 1/Z 1 tulle • • Saratoga General Plan - ---" - _ -4 ----Revised-Nov. 1-, 2006 ^~ ~^~ ~°+ ~~ onn~ • o~ SAR9 4 ?' R O C~ Y _' ~ebe- ~~ C9LIFOR~~/ Historical Overview of Saratoga The City of Saratoga was incorporated in 1956. The town had its beginning more than a century earlier when William Campbell built a sawmill in 1848 about 2.5 miles above and west of the present village along what is now Highway 9. The area's earliest inhabitants had been Indians, building homes near the mouth of the canyon at what an early map noted as Campbell's Gap. Saratoga is situated at the entrance to a historic pass in the redwood forested Santa Cruz Moun- tains Artifacts have been found along Saratoga Creek where the Ohlone Indians camped while on their way through the pass to the ocean be- ~nd In 1850-51 Martin McCarty, who had leased the sawmill built a toll road connecting it to the vil- la eg to expedite the hauling of lumber. McCarty~___ also had a survey made, laying out the town of • McCartysville and a post office was established under that name in 1855. The town's brief industrial production, a short- lived furniture factory grist mill, tannery, paper and pasteboard mills was commemorated in the post office name of Bank Mills in 1863. The discovery of mineral springs with a content simi- lar to that of Con ear ss Springy at Saratoga Wirings New York led to the renaming of the town to Saratoga in 1865. Pacific Congress Sprin¢s inspired the construction of an elaborate resort hotel which flourished for almost forty years about two miles above the village, until it was destroyed by fire in 1903. The resort image lingered through succeedin • years even as agriculture became the dominant industry_in Saratoga and the Santa Clara Valley. Vineyards and a few scattered orchards remain as a reminder of this era which was brought to a close with the valley's rapid urbanization follow- ing World War II. Saratoga General Plan Draft Land Use Element Saratoga's first "master plan" was adopted in 1969 and a new General Plan was adopted in 1974. The City Council updated and adopted a new General Plan in 1983. Local Planning Initiatives Several provisions have become part of Sara- toga's planni~~practice through -the initiative rop cess• Initiative powers are guaranteed in the Califor- nia constitution and permit citizens to place any legislative matter on the ballot by gathering sig- natures. Measure G: In March 1996, the voters of the City of Sarato a~a,_pproved an initiative, known as Measure G to change the text of the Land Use Element of the 1983 General Plan to require that certain amendments to the Land Use Ele- ment may only be made by a vote of the people. On Apri123 1996 the City Council certified the results of the March 26, 1996 election and adopted a resolution incorporating the Measure G amendments in the Land Use Element. These land use .policies were set forth to protect the character of Saratoga's residential neighbor- hoods. This initiative provides assurance by giving greater stability to the City's General Plan, to protect the residential and recreational open space areas in the City. The initiative requires, with certain exceptions, a vote of the people to permit General Plan amendments that: (1) redes- ignates residential lands to commercial, indus- trial or other land use designations, (2) an in- crease of densities or intensities of residential land use or (3) redesignates recreational open space lands to other land use designation. This initiative does not affect the City's existing re t~.i- lations that authorize the creation of second dwelling units. Nor does the initiative interfere with the City's obligation under State Law to revise the Housing Element every five years. Revised Nov. 1, 2006 ^ ~ ~^~ ~°+ ~~ ~nn~ of saR9 4 ~• iti~ ~ ;u~ ~ ~`. ~, '?one ~/ 9t?FOR~t/ The text of Measure G is incorporated in the Land Use Element by this reference and is in- eluded in the Appendix Section. Measure A. In April 1980, the citizens of Sara- toga adopted an initiative directing preparation of a specific plan for the Northwest Hillsides of the City of Saratoga and adjacent Coun lands in accordance with the initiative and the Com- munity Planning Obiectives of the 1974 General Plan. The nrimarv coal 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 par- ticipation was required at all stages. In accordance with the requirements of Measure A in June 1980 the City Council designated an 11-member Citizens Advisory Committee. The committee began bi-monthly meetings on June 26 1980, inspecting the Study Area, reviewing related City and County documents and meeting with various exerts from responsible agencies and land use consultants, which led to the adop- tion of the Hillside Specific Plan. Stadium Initiative: In 1977, the voters of Saratoga adopted an initiative ordinance prohibiting stadiums of any size or any other facilities with a similar use within any zoning district. The initiative ordinance provided for temporary portable equipment for cultural events on any track or field upon tvvo-thirds vote of the City Council -after a duly noticed public hearing and a finding that the particu- lar event will not be unduly disturbing to the City. Facilities at elementary or secondary schools or facilities built by private, non- profit, youth-oriented organizations such as the Little League or American Youth Soccer Draft Land Use Element organizations are exempt from these limita- tions. SpeciTc Plans: Hillside Specific Plan: The Hillside Specific Plan was prepared to meet the requirements 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- specific development plan. The Specific Plan was reviewed and updated by the Saratoga City Council in 1994. The Specific Plan is incorpo- rated by reference in the Land Use Element and is included in the Appendix Section. Saratoga Village Specific Plan: The Saratoga Village area has been identified for man~~ars as an area of ongoing community interest 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 Sarato ag Villa a Design Plan. The 1983 General Plan designated the Sarato age as Planning Area J, one of twelve plannin ag reas, and included a policy to develop a specific plan for the Sarato ag Village, incorporating the pre- vious Saratoga Village Plan, In Mav 1988 the Saratoga City Council adopted the Sarato lase Task Force Report, and the comments from the report of Area J's Citizen Advisory Commit- tee. In 1987, a Sarato ag Village Planning_Pro- gram was completed and was the basis for the Saratoga Village Specific Plan, which was adopted by the Saratoga City Council in Mav 1988. The main goals of the Sarato age Specific Plan are aimed at: • -Saratoga General-Plan - ------- - 6 Revised Nov. 1,_2006 n„n„~+ ~ti Anna • • v4 oS snR9r~c 79 ..:aese. - 4' ~lIFOA~~ -Draft Land Use Element 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 landsca pe character of the area; 3. Improving p arking and circulation; 4. _ Encouragin g a traditional town center mix of specialty shops, 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 implementation programs that are aimed at implementin tg hese goals in the preser- vation and improvement of the small-scale, pe- destrian character of-the Village. The rezonings, design guidelines and parking circulation pro- grams are intended--only-for the commercial ar- eas along_Big Basin Way, Highway 9 and Sara- toga Avenue. The Saratoga Village Plan is in- cluded in the Appendix Section. Figure LU 3 shows the general boundaries of the Hillside Specific Plan and Sarato ag Village Spe- cific Plan. The specific boundaries of each area is described within the each document. Saratoga-Sunnwale Gateway District. The Saratoga-Sunnwale Gateway District com- prises the commercially designated properties on Saratoga-Sunnyvale Road beriveen Pros- pect Road and the railroad tracks. In 2003, the City Council adopted the Saratoga- Sunnwale Road Gateway Improvement Mas- ter Plan to guide improvements within the public street right-of--way within the District. In addition, the City Council adopted Guide- lines to provide direction for the design of mixed-use proiects that include commercial and residential uses, as provided for in the General Plan Housing Element. The Gate- way Design Guidelines are included in the Appendix Section. Saratoga General Plan Existing Land Uses The predominant land use in Saratoga is residen- tial, most of which is low density, single-family on individual lots. Medium density residential uses, comprised primarily of smaller apartment and condominium units, are found near the in- tersections of Saratoga Avenue and State Route 85, Prospect Road and Sarato a-Sunn~e Road, and adjacent to the downtown "Saratoga Villa eg". Major commercial and shopping areas include the downtown "Sarato ag Village" located along Big Basin Way, at the intersection of Saratoga- Sunnwale Road, Saratoga-Los Gatos Road and Saratoga Avenue. The downtown area includes a range of restaurants, special retail, professional offices and personal services. Smaller commer- cial areas are located alon Sg arato ag Sunnyvale Road between Prospect Road and the railroad tracks, Sarato aag Sunnwale Road south of Cox Avenue, near the intersection of Saratoga Road and Cox Avenue and west of Saratoga Avenue south on Prospect Road. There are no sites within Saratoga used for in- dustrial purposes. Other major land uses in the community include the Saratoga Civic Center, located on the west side of Fruitvale Avenue and the Saratoga Communi Library, located on Saratoga Ave_ nue. near its intersection with Fruitvale Avenue. Saratoga is eng erally served by four elementary school districts, three high school districts and two communi college districts. Only one of the elementary school districts, Saratoga Union School District, is located entirely within the city. All other elementary school districts over- lay other cities. The schools and community col- lege located within the City limits are listed be- low: Revised Nov. 1, 2006 A~ , of SAR9 q T .i: ~_9 ::-.,~.~ - ieee _~ c9t?FORr~l Saratoga Union School District • Argonaut School • Foothill School • Saratoga School • Redwood Middle School Cupertino Union School District (serves northern Sarato a • Blue Hills School • Christa McAuliffe School Los Gatos-Saratoga High School District • Saratoga High School West Va11e~College Currently, there are also three private elemen- tary_(K-8) schools and several nursery schools, and daycare centers serving the Saratoga com- munity The- number of private schools, nurs- eries and day care centers may increase or decrease based- on demand. All of these uses required discretionarY_ approval by the Plan- nine Commission. Saratoga is served by a significant amount of land devoted to parks and natural areas that are free and open to the public for recreational use. These lands are located both within the city- limits and in the adiacent unincorporated hillside areas of the Sphere of Influence. They include city-owned parks and open spaces, as well as, public lands that are .owned and operated by Santa Clara County Parks and the Mid-Peninsula Open Space District. With the exception of the hillside areas and Wil- liamson Act properties Saratoga is almost built out There are approximately 900 acres of vacant land in the Saratoga Of these, .approximately 700 acres are in hillside areas and 109 acres are Draft Land Use Element under Williamson Act contracts. Lands within the hillside areas are eg nerally subject to signifi_ cant constraints such as steep and unstable soils. Saratoga is located in the North Central Flood Zone of the Santa Clara County Water District. The creeks in the City that are under District iurisdiction are Calabazas; Rodeo, Saratoga, Wildcat and San Tomas Creeks. In general, 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-year flood plain as identified by the Federal Emergency Management Agency FEMA . • • Saratoga General Plan - -- -- - -- 8--------Revised-Nov. 1;-2006 °i ~^~ ~°+ ~~ ~nn~ • • c~_ SAp R 0~~4/ ro9 \j, jF0R?11% r,_..i.._..~ .~., r-• Prospect Cox Avenue ` Hillside Specific Plan Area 6de~r -- ~~7 1 (1 of 6 parts) 4°9~ '~ 41~~e K cu c ~ d -Saratoga Village SpeCltlc Plan ¢' Area ~ _~_ `rd ~ ~a ca ro ~a r 0 SGd f Draft Land Use Element 2 ~',po ad 3 ~~ ~ ..~,.:. •~i% 0 C 0 a SOURCE: City of Saratoga, July 2006. 0 b r; Saratoga General Plan Exhibit LU-3 SPECIFIC PLAN AREAS City Limit --••-••-~•= Sphere of Influence ----------------• Urban Services r-~ Specific Plan Boundary 0 1;4 1/2 1 rtdle ~ J 9 Revised Nov. 1, 2006 ^~~^~~~+~~ ~nn~ of SAR9 ~O ti~4 1 c Y 9LjFOR~1/ Cox ~g ..~..~..~ g f F ,,~,.-.~ Y, H r I 4~~s~ ~~, wae'~ ~-.o~ °dv I ~ Q~~ee ~ ¢oaa I~ ~' .,,~ - ~'gBas Draft Land Use Element Road ~ ~e e~'~ P so d d o ~ ~a ~ ~lo., c as a Q o ~ , U c` p3 +~+c.+r~-.o~--vomas G 4 w~aswm++sa~ea~ae.®ewere- m a SOURCE: FEI`4A, Flood insurance Rate b4ap, City of Saratoga, 3 Tuly 1997. O x ~, cn' ca 0 cn ~ ~ Exhibit LU-4 FLOODING POTENTIAL City Limit -----~-®•~ Sphere of Influence -+~•~` 100-year Flood Plain (approx.) 0 1%4 1/2 1 mile • ~I Saratoga General-Plan--- 10 Revised~Nov. 1, 2006 ^~~^~~~+ ~~ manna of SAgq 4 T - q O C~ ` 7 ~.C~ lODtl A " •,yl'IFOR~1/ LAND USE PLAN A Vision for Saratoga . Draft Land Use Element A valid and useful General Plan needs_to pro_ vide a common goal to which the community strives. This vision then becomes the touchstone by which future land use and other_decisions are made. Consistent with the Land Use Element goals and Policies the City's vision of Saratoga is ex- pressed in the following statements: • Where the common good prevails: • Where the natural beauty of the City and its hillsides is preserved; Where historic assets are preserved and _pro- • moted: • Where local commerce provides a vibrant presence in the Village and the other commer- cial areas; • Where the orientation is toward the amily: • Where homes and neighborhoods are sa a and eace ul • Where government is inclusive and values community involvement: • Where desirable recreational and leisure op- portunities are provided: Where quality education is provided and val- ued,_ • Where value is placed on an attractive, well maintained and well planned community; • Where Qovernment provides high guality. ba- sic services in a cost eKective manner; • Where a small town. picturesque, residential atmosphere is retained: • • Where the arts and cultural activities which serve the community and region ~s are pro- moted: • Where neighbors work for the common good: • Where leadership reflects community goals: • Where, because o the foregoing, the citizens and families of Saratoga can genuinely en,Loy being a part of'this special community. Land Use Categories i °" T L,o f;,-~ • ~ ..+o...;,-;o~ .,11.,.,, ~ ..lo Ea cg6 ,Y,;1,. rr ,l.,.olt; ,,.,~ L, .,,-f;..,,1+,,,-~1 _ „~ ~~ f.,,Lt~,r.~l „ ° a .. ° ~. ...,+;1.10. ,;+t, ~ „lo , ~ l, , ,l, ol ~ ~o ~;l'+1, ...,re.,.,,-„ .,11.,.,.E ~ J iti f ~ ~ "" zi ~ °71;, a .,,. .,lo f~..~;1,. .a,, .oll;.,~,~ - rrn -axrz ~ ~ ry ~ ~ 3r-&~ ~t ~52 -i- c ~ 2YVracc rr ti~ mi • ~-it ° -~ 1 t ~a ~ a ~ s-~si~de~rt; , 1-=~ - rti-~ Qen ~~c~ ~ o . ~ ~ ~ 1 >, +>, 'I'1}e-~: ; ~t d +e,,,,,.., . 3(~vr 5E 9 E~ar ~p~ ~ n - e . ;~'*L,o .. ;re.l ;~ .lo~:.,., .,to.l Dll ,- ~;.ao.,•;~l .,. ,.a , ~ ~o. •.,".;+ 1~'10.,;1.;1;x. ,,, • o,-.Y.~ ..f' rEEEi~ -A The Land Use Plan identifies the land use com- position throughout the Saratoga Planning Area to achieve the desired community. character as expressed in this vision. All nronerties within the Saratoga Planning Area have been grouped into land use categories, as shown on the Land Use Map, which is included as an inteeral part of the Land Use Element as Exhibit LU-5. Listed on the following paces are the land use categories that appear on the Land Use Map, along with the type and intensity of use allowed in each category. Land use densities are per net area, and net area is generally defined as the re- maining_portion of the gross site area after de- ducting~portions within the right-of--way of ex- isting or future public streets, private streets, easements, quarries or areas which are classified by the City Geologist at "Md" or "Mrf '. Imper- vious coverage limitations are intended to mini- mize runoff resulting from development of the parcel.- Impervious coverage is defined as any structure constructed surface that disrupts the aesthetics of the landscape, Saratoga General Plan 11 Revised Nov. 1, 2006 ~~1 ~~+?~, ?^96 c{ SAg9 q T ,w O9 i c ' IDJD ~HtIFOR~l~ Draft Land Use Element 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 are 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 build- ing and impervious surface coverage: 15,000 square feet or 25 percent of site area, which- ever is less. B. Yery Low Density Single Family. Maximum density of 1.09 du/ac or 3.38 people/acre. 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, M15). 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-or 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 area. E. Multi family -Maximum density of 14.5 DU/net acre or 27-45 people/acre. Maximum intensity of building coverage: 40% of site area: F. P-D (Planned Development) Residential: 4:35 to 12.45 DU/net acre or 13.5 to 38.6 peo- ple per acre. Maximum intensity of building coverage: 25% - 35% of site area. 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 are meant only to act as a guide to the average number of people likely to occupy a given area. CommerciaUOffice Commercial land is broken into €eu~ two general subcategories-zn~~st tv~te-~ *~~•~en -,~.T~ ~-_••,. ,.••,.^^*o„^,-:°° ^,a *~,° Densities and intensities of uses permitted in -these sub- categories are as follows: • • • Saratoga~-Genetal Plan -- - --- --- ------ - -12~-- --Revised Nov. 1, 2006 ^~~^~~°+~~ manna r~ u • • 4 of SAlj9T C~~ ~ 09 ieee ' 0 c~tIFOR~l/ Draft Land Use Element Commercial Retail (CR): ^.2G~-~-o-T ...__---- ---- .-- --- r -- - , .There are five main commercial areas in the City with this -des- ignation. The main commercial areas in- clude Downtown Big Basin Wa~(including Neale's Hollow), Argonaut Shopping Cen_ ter the Gateway Quito Shopping Center and the Center at Prospect and Lawrence (including nearby Bi Tree Center). These commercial areas serve the community and/or their immediate neighborhood. They are not regional in orientation and tend to be located in relatively small complexes. Maximum intensity of building coverage is 60% of net site area ""`~' ""' `" ~ nnoi ,.r+t..,. Commercial uses in t_he downtown Village Area are regulated by the Village Specific Plan (adopted in 1988 and as may revised by City Council from time to time), in- cluding building coverage and height. Where a new commercial development is to be located adjacent to or across from an es- tablished single-family or multi-family resi- dential use, appropriate landscape buffers shall be required- that are at least equal to the setbacks of the adjacent residential district. No single tenant of said development shall exceed 15,000 square feet of floor area. • Professional Administrative (PA): ~.~z- .The profes- sional administrative office desi agn tion gener- ally serves as a transition zone between com- mercial areas and residential areas in the City. The maximum intensity of building coverage for this designa- tion is 0:30 9~9-of net site area. This desig- Saratoga General Plan nation may conditionally allow small scale professional schools and similar uses. +t, ,,:+,. ,.+;,, .:+t, a .,t ae ot„ ~+ n „f t cnn o ~ o+ ,.. ., ., ~R~~Y- ---- 1., a + .7 +., 1.,,,.1~ 'f'b,o ..;+., X7,.,11 :7e .b. ....... .. Y_.,. e$rr anra~'u_~aiQol;,,o~ ., 1 n ~ .,+ 1.,,,.a~nnY~d n n inl +~ >\ ~~e~-4~5 ~me~Bevelc~ne;~~-z. 11 +i + 07+ ln4na i ~T~e~ >\R.,.,;.,,,,.,~ ,..+o„~;r., .,f' 1,,,;1.7;,, '+ '+1, +1,;~ ,70..;...,,.,+;,,,, ..1,,,11 ,- pcrmr •• "1 •, ••rviiaca-foa'~z'-r'irz"' ' iii-: In 2004 the City implemented a residential mixed-use ordinance, which establishes stan- dards for mixed use development. Mixed uses are allowed ~ use permit in commercial and office zones within the City of Saratoga. Mixed use is defined as the development of a lot or building with two or more different land uses, such as residential, commercial, office or public. The purpose of the mixed use development stan- dards is to further accommodate the Ci 's fair share of the regional housing need and to im- plement the policies of the Housing Element of the General Plan, adopted in 2002, in a consis- tent manner throughout the various commercial and office zoned districts of the City. It is further the goal of these standards to protect existing and future commercial development by estab- lishing standards to ensure compatibility of ad- joining commercial and residential uses. The maximum net base density allowed is 20 dwell- 7~ unit~er acre, excluding density bonuses for - - very low-income, low-income, or senior hous- 13 Revised Nov. 1, 2006 A~°~ ~°+ ~~ ~nn~ ut SAR !ti'~4" 9~OC ;~ 9 ~~.,, O -..;gene;.:' 4./ ~9yIFOR~l~ ing. The residential portion of a mixed use build- ing shall not exceed 50% of the total floor area, and shall range from 850 square feet for aone- bedroom unit to 1,250 square feet for atwo- bedroom unit. An increase of 10% of the total floor area is permitted for the site, for projects that provide below-market-rate housing Total site coverage may also be increased by 10% for a~roject containing below market-rate housing, Comn:uuity Facilities Sites n~ors}rl~e-etege~ies ~vh}el~-a~-° ~ „-'>,°r ~.r°v°r irrte~oi-s~tbc-ategeries-~l~ese a° All institutional, public and quasi-public uses fall into this category. Educational uses such as: 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 ar- eas of these sites are part of the City's open space- inventory. and help supplement city park use. Only school facilities or uses com- patible with those facilities and adjacent uses are allowed in this land use category: ~eS~ D„r,~;^ >,^^;~;,,, in~~: Public facilities, such as, the -Civic Center, the Community Li- brary, a~ two fire stations and publio schools and institutions (i.e. -West Valley Colle a are also included in this category. They are institutional uses under govern- ment control ~°'~•°~ +'~^-• ^°''°^t a~°'"~^+°' that provide a public service. ~ld~- si~t~-geTet~red-l~t# Draft Land Use Element . This desig- nation also 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 are institutional uses that pro- vide apublic service but are not controlled by a publicly elected governing board. Al- uses: 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. 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. Open Space/Resource Protection- Open space land use is broken down into-sue four subcategories. ~''~° r,_^+ ~ ••r ^ ° '^'~°-• ~ ° f^t,°„ ~-,,,..., .>,° a^.,*^ rat^,.^ r,,,,,,,~, r.°„°,-^t_nt.,,~ ° „* °„a° n,..° e.. ° >/t° °r+ „r +>,• ~o ^t nt^-The density and intensity of the uses permitted in these subcategories are as follows: • • --Saratoga-General Plan - -- - -~ --~-14- --Revised Nov. 1-2006 ~ ~-~^~ ~°+-oti--~nna • • of seR ,y % ~~?' ~, r- ~ 7 /,` ' ,~ pose P C9LIFOR~1/ Draft Land Use Element • Managed Resource Production (OS-MR). This designation consists primarily of the orchard lands, water reservoirs and ]ands that are under Williamson Act Contracts within the City. Single-family dwellings as- sociated with agricultural uses are permitted at a maximum density of 1 dwelling unit per 4 acres. -Only structures directly related to the maintenance of these open space uses are permitted on the sites within this desig- nation. LOutdoor Recreation (OS-OR). This subcate- gory consists of City or. County parks or lands designated for those uses. Only recrea- tional facilities (i.e. playground equipment, recreational courts, etc.), structures neces- sary to support the parks or structures of par- ticular historic value are permitted in these areas. These sites are considered to be of particular value for recreational purposes. Some parks preserve significant vegetation features, such as Hakone Gardens and Villa Montalvo County Park. D ~.~• u ~,r ,.,,a c~,.~ .., D,.,,~,,,-,,.,E;..,,, ins DUC1 TL,: `'~sTgiluCiOn-GVaania~+i.cs ~:.....ar:l~, ~f feed-p~ai~-areas, t~Cei~- ~'~~~n, ~a ~^„'+ 1 .a 1',ao o .,rte RT., ~~-..,,,,a,..e~ Hillside Open Space (OS-H). This designa- tion covers all areas within Saratoga's Sphere of Influence that are not designated as parks or OS-MR. This designation allows uses which support and enhance a rural character, promote the wise use of natural resources and avoid natural hazards. Uses include agricultural, mineral extraction, parks and low intensity recreational facili- ties, land in its natural state, wildlife refuges and very low intensity residential develop- ment. Other support uses related to the uses already listed may also be permitted. Al- lowed residential is between 1 dwelling unit per 20 acres to 1 dwelling unit per 160 acres based on a slope density formula subject to stringent criteria. These criteria ~•~'•""~on~e part--e#-tke apply to the Sphere of Influence portion of the General Plan. • Private Ownership (OS-P). The Saratoga Country Club Golf Course is currently the only site that falls under this designation. This site includes a significant amount of private open space totaling 1000 acres. • Public Use Corridor. (PUC). The PUC des- ignation is applied to the (former railroad corridor) extending through- the northerly portion of Saratoga in a northwest to south- east direction. This designation allows pub- lic multi-use recreational trails. Overall Height Limit No structures in Saratoga shall be over two stories in height except €er that the maxi- mum height of structures located within the Saratoga Village Area boundary (as de- fined by the Saratoga Village Area Plan, (adopted 19881), shall be regulated by the development standards of said Plan, as may be revised by City Council from time to time. ;~ t~~a^~, ~,..,,,.,,,,.o ,,o;,,~,t_s=uu Saratoga General Plan 15 Revised Nov. 1, 2006 ^~~^~~°+~~ ~nn~ of SAjt9~ ,~"4 O c` • ~ ~~ 9 pose " 4~ C'91'jFORT~~~ On sites used for quasi-public uses, a_three- story structure will be allowed provided the slope underneath the three-story area is 10% or more and a stepped pad is used. Resolu- tion 2285 adopted 11/7/85) Draft Land Use Element • • Saratoga General Plan 16 Revised Nov. 1, 2006 ^ ~ ~^~ ~°+ ~~ ~nn~ a{ SAg 4 9~0 ;~ 9 i 'mee_ / c91'IFORr~s~ ; Draft Land Use Element 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 amendments. Copies of the current Land Use Map are available in the Saratoga Community Development Department) • Saratoga General Plan 17 Revised Nov. 1, 2006 #~2~;~986 •,~ b~A4 a 'o :G ~-:.. -, r,.t~ ' I c~ '` ~psc`rt';P trF•otir~. Draft Land Use Element Table LU-1 Land Use Categories LAND USE MAXIMUM MAXIMUM SUMMARY DESCRIPTION OF USE DU/ACRE OR ALLOWABLE PEOPLE PER ACRE COVERAGE RESIDENTIAL LAND USES Residential Hillside 0.5 du/ac or 1.55 ZS%ofsite area, or Single-family dwellings Conservation people/acre 15,000 whichever is less Residential Very Low 1.09 du/ac or 3.38 35% of site azea Single-family dwellings Densit people/acre Residential Low Density 2.18 du/net acre or 45% of site azea Single family dwellings. 6.76 eo le/acre Medium Density M-10 4.35 du/net acre.or 13.5 people/acre Single-family homes M-12.5 3.48 du/net acre or 10.8 people/acre M-15 2.90 du/net acre or 13.5 people/acre Residential Multi- 14.5 du/ac or 27-24 40% of site azea Detached and attached single-family homes, condominiums, Family people/acre duplexes and apartments Planned Development 4.35 - 12.45 du/acre 25-35% of site azea Mix of single-family and multi-family densities and housing Residential or 13.5 - 38.6 peg- types. le/acre COM1TMERCIAL LAND USES Commercial Retail ** 60% of site azea, or Commercial uses/centers serving community and/or neighbor- up to 100% in hood; not regional in orientation. Refer to Saratoga Village downtown Sazatoga Specific Plan for uses, height and lot coverage permitted in _ _ - - Villa e~area~ -S ecific Plan area. -- Professional Office ** 30% of site azea Professional offices uses permitted; serves as transition zone between commercial and residential azeas. PUBLIC AND QUASI-PUBLIC FACILITIES LAND USES Community Facilities varies varies Public, civic and quasi-public (private institutional uses, includ- Sites ing 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. OPEN SPACE LAND USES Open Space -Outdoor 1 du/ 4 acres N/A City or County pazks or lands designated for those uses. Only Recreation recreational facilities (i.e. playground equipment, recreational courts, etc.), structures necessary to support the pazks or struc- tures of particular historic value are permitted in these azeas. These sites aze considered to be of particulaz value for recrea- tional u oses. Open Space -Private N/A Consists of open space resources under private ownership (i.e. Sazato a County Club Golf Course) Open Space - Man- N/A Consists primarily of orchazd lands, water reservoirs and lands that aged Resources are under Williamson Act Contract. Only single-family dwellings or structures directly associated with agricultural use are pemvtted. Hillside Open Space 1 du/20 acres to 1 25% or 12,000 Covers all areas within Sazatoga's Sphere of Influence (SOI) not du/160 acres (based square feet which- designated as pazks or OS-MR.. Uses include agricultural, min- on aslope density ever is less eral extraction, pazks and low intensity recreational facilities, formula subject to land in its natural state, wildlife refuges and very low intensity stringent criteria) residential development and support uses of those listed above. These criteria a 1 to the SOI onion of the General Plan Public Use Comdor N/A N/A A lies to former railroad corridor and allows multi-rise trar7s. • Overall Height Irtnit- No suucnae pemuttcd over two stories in height except far suucnues locatcd within the Saratoga Village boundary (as de5ned by ~ Saratoga Village An:a Plan, (1988) which shall be tt;gulated by the "Village Plan",odor quasi-public toes, athree-story structure is allowed provided the slope underneath the thtee-story area is 10% or more and a stepped pad is trsed, » Mixed residential/commercial uses are pemtitted in all commercial lands. The maxirnum 20 dwelling [mils per aae, excluding density bonuses for very low- income,low-income, or senior housing. The residential portion shall not exceed 50% of the total floor area, (850 sq. ft for aone-bedroom unit-1,250 sq. ft for a two-bedroom unit), with an increase of 10% of the total floor arra permitted for the site, for projects that provide below-madcet rate housing. Total site coverage ma also be increased 6 109c fora ro' t containin below madcet-rate housin • • Saratoga General Plan 18 Revised Nov. 1, 2006 ~"^'~~+ ~~ ~nn~ C • • '~t4 of seRR~oc ;v ~q "peso --.09L,FOR~1/ LAND USE ISSUES The following land use conditions also apply to ~ecial situations within Saratoga. Height Limitations In 2002, at the request of the Saratoga Woods Neighborhood, the City Council established asin- Ig e-story limitation for residences in the Saratoga Woods Neighborhood. This neighborhood is eg ner- ally bordered by Cox Avenue to the south, Saratoga Avenue to the east, Saratoga Creek to the west and Prospect High School to the north. This restriction precludes any new second story additions. The ex- isting second story dwellings are exempt from this restriction. Outside of the Saratoga Woods Neighborhood two-stories are permitted but no sin- gle-family dwelling shall exceed t\venty-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 may require Design Review ~proval, if required by the Zoning Ordinance: A second dwelling unit is defined as an attached or detached residential dwelling unit which provides complete living facilities including_permanent pro- visions for living, cooking sleeping and sanitation. In conjunction with -the Housing Element, if the property owner records an affordability covenant restricting rental occupancy of their second unit to very low or low-income households at affordable levels, the property 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 Cityhas adopted an Historic Preservation Ordi- nance to protect its irreplaceable heritage resources. Draft Land Use Element In 1982 the Heritage Preservation Commission was established by the City Council to assist with and encourage the preservation of Sara- toga'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 City 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 heritage lanes as local landmarks. The City Council has designated the brick portion of Austin Wav west of Highway 9 as a Heritage Lane. The bricks of Austin Wav were laid around 1904 when -the railway ran alon sg ide -- -- Austin-Wav.-The trolley line-connected Saratoga to San Jose and was in operation until 1933. The Sarato a segment of Austin Wav is one of the very few remaining sections of brick hi hway paving to be found. A permit and discretionary review are required pursuant to the Zoning Or- dinance for encroachments or excavations in the Ci , right-of--way. 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 City 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 require 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. Saratoga .General Plan 19 Revised Nov. 1, 2006 , of SApgT 4 G~~ - :...d09 4` \LIFOR~1 Draft Land Use Element r._..,.._..~ I °..J +( i •~--•.,1 ~~ tide, °a a as ~~40 4j ~ gay Bass B7~ P tv S 0 u Q x O m Road Saratoga Woods. x a c v ,e ¢~ P! p~~endale d a LpS c% G~,`p s~ od 7 1 :, 1 .~~,,.~.. rte.. ~....~..°..°...~..-. ..+ SOLRCE: City of Sazatoga, July 2006. v a FJChibit LU-6 SARATOGA WOODS OVERLAY AREA City Limit °••°••°•• Sphere of Influence .Boundary ~~ Subdivision Boundary 0 1/4 112 1 tulle Cox • • • --- - -- -Saratoga General-Plan - - ------------ - - - --20 - - Revised Nov. 1, 2006 ~+g~f~'~o • o{ SAIL 4 '91. ,'V -.,.. ''a9 9 j=?FOR~1/ The following historic resources, which are listed on the National and State of California Register, exist within the Saratoga Planning Area: • The Warner Hutton House, located at 1377 Fruitvale Avenue. • Paul Masson Mountain Winery, located on Pierce Road. • Miller-Melone Ranch, located at 12795 Sara- toga-Sunnyvale Road. • The Saratoga Foothill Club, located at 20399 Park Place. • The Saratoga Toll Road, generally located at the be inning of Third Street and Big Basin Way. • • • 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- ing in Saratoga or its Sphere of Influence. Timber Production Section 65302 (a) (1) ofthe California Government Code requires that General Plans address timber production in their land use elements. There are no timber production areas in the Saratoga Planning Area that would be affected by the Land Use Ele- ment. Military Facilities Section 65302 (a) (2) 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 Sarato a ping Area that would be affected by the Land Use Element, Draft Land Use Element Solid and Lipuid Waste Disposal Provision Solid and liquid waste material is treated and disposed of outside of the Saratoga planning area. Population Trends Saratoga has not experienced substantial popula- tion ~,rowth for several .decades. By 1979, most of the vacant, developable ]and was built upon. Most population growth since 1980 is due largely to changes in household size within ex- isting dwellings. Because Saratoga- is nearly built out, except for hillside areas, there has been little new housing construction over the past 25 years, other than demolition and replacement of existin housin sg tock. According to the State of California Department of Finance, Saratoga 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 (ABAG) 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 onlyprojections and actual population may change somewhat due to local economic and other conditions or constraints. Employment Trends Sarato ag 's predominant low-density residential pattern provides limited employment opportuni- ties. There are no industrial or manufacturing plants, large-scale research and development facilities, or "big box" commercial structures. The lar es~plovers are Safeway Longs, Gene's Market, West Valley Communi ~ Col- lege, schools and the Cit~Government Center. This trend is not expected to change. Saratoga General Plan 21 Revised Nov. 1, 2006 At~g~: t-~~o 04 SAIt9 4 T /tiS ~ Oc ;v 7 i .09tIF08~1/ ADMINISTERING A1\'D IMPLEMENTING THE LAND USE ELEMENT The Land Use Element similar to all other Ele- ments is not a static document. State Law allows the City to improve amendments to the Land Use Element up to four times per calendar year. The Land Use Element is implemented through a vari- ety of methods including the Saratoga Zoning Or- dinance ~ecific plans annexation policies and the Ci 's Capital Improvement Budget. These are de- scribed below. Zoning Ordinance Saratoga has adopted a Zoning Ordinance as part of the larger Municipal Code. The Zoning Ordinance classifies properties within the community into a series of zoning districts, each containingLa list of permitted and condi- tionall~permitted land use development regu= lations and provides for review of individual development applications to ensure consistency with the and Zoning Ordinance. Specific Plans California Government Code allows cities and counties to adopt Specific Plans for portions of a community that provide amid-level land use regulation for lands governed by the Specific Plan Currently the Cit~has adopted a Specific Plan for the Northwest Hillside area and a Spe- cific Plan for the downtown business district, known as The Sarato a~ Village Specific Plan. Design Guidelines Saratoga has adopted Design Guidelines for The Saratoga Village Specific Plan area and for commercial properties in the Saratoga- Sunnyvale Road Gateway District ~ located along Saratoga-Sunnyvale Road, between Prospect Road and the railroad tracks. The pur- pose of these Guidelines is to guide new and redeveloped uses and new development or property redevelopment in a manner that en- Draft Land Use Element hances the unique character of each area. Additionally the Gateway District Guide- lines provide direction for the design of mixed-use proiects that introduce a compo- nent of residential uses within the Gateway District as provided for in the General Plan Housing_Element. " In recognition of the city's unique charac- ter and desire to protect residential char- acteristics of its neighborhoods, the City Council has adopted the Residential De- si~n Handbook. This handbook serves to uuide the homeowner, architect, devel- oper and builder in designing new single- family homes, or remodeling of existing homes in a manner that is compatible with surrounding properties. In addition, it serves as the guide to staff, Planning Commission and City Council in the sin- ------gle=family-design review-process. Area Plans Twelve Area Plans have been adopted ad- dressin~ development infrastructure and other issues within distinct sub-areas of Saratoga These Area Plans are separate from the Land Use Element and are found in Chapter 4 of the General Plan. Annexations The City of Saratoga may annex properties within the unincorporated portion of Santa Clara Count into the City of Saratoga. To be considered for annexation, properties must be located within the boundaries of the adopted Saratoga Sphere of Influence. Upon annexation the Cit~may extend urban ser- vices to these areas and the properties an- nexed are subject to zoning requirements and all other land use regulations adopted by the City of Saratoga. Annexations must be approved by the Santa Clara County Local AgericYFormation Commission (LAFCO). • • • Saratoga General Plan _ _ - ~ - _ -- _ --- -22 _-- Revised Nov. 1, 2006 ^^ ~.n'-~-~o o~ SA$ 4 9r0 .q _ , ;...... ..,.7 ~~~c9.tIFOR~~/i Capital Improvement Program The City of Saratoga has adopted a Capital Im- provement Program (C1P) that establishes pri- orities for the maintenance, rehabilitation, ex- Qansion or the construction of new capital fa- cilities within the community. Typically, this includes parks public buildings, infrastructure and similar facilities. By State Law, the City must find that the CIP is consistent with the General Plan the prior to adoption of the CIP. • Saratoga General Plan Draft Land Use Element 23 Revised Nov. 1, 2006 ",~g~;°+'~,-moo at SA$9 4 ~''~C ~ 9 ` ~~ene P ELI p Qgtlti/ GOALS AND POLICIES --~'JC-rd6"1~, -Dr.0iiE3C~-iiir(~~in"~°czixcir~~i6i~ T, ~o ancirSciic~ > > ,;.70 .,;+;.,e.,~ .,...7 ,,.,I;.....v,.,Lo.~ f_.,.,71~f71~.~C,,.L,o,-e .,~' T.,~'1„o.,..e Dl.,,, - i--titYY ~~ D. T1,e (`;a. X1..,11 e.,.,l,,.,~e :*~ .7e~;.,,.,.,~0.7 ;...,.,.-., -.,+0.7 TT,-L,.,., Ce.-..;..e A,-e.,~ F., ,700,-.,~.;,..e ;F~l.e ., e >r«1...,...,.e +l,o , e 1.;~+.,.-:....1,.,,-.,..+o,- .,f'+l,e [7;ll.,rto srr~~3Giccir~ '"r vi-vvnnir1333i'~E~i'b'~~E6@fE2~3~ "; *. ~@~l" J =' T1.o !"':~-....1,.,11 o a _ *1,a_dor;_a,~~+;,,,., „f' L,o,-: *., o ra „ ttlo _ nto.,r;,. ~ .7 e„1,., o o ..• 1., •1,0 .,f Draft Land Use Element , 1,.. ,- ~;,70,~*.. loo„:„„ ; ,,,7 rl,o ; ,.r ., e RT.,.,...e..;,ae..~;..1 .,..7 .,,7,,..~.-; .,1 a X1,.,11 l,e S C'~i~E~ES~Ex~}3iirg-v~li}smiQ-56,,,uxxQ=wisirr. ,., T Re., ~,,,-e n De.,;o... +l,e lle..;,,„ Do.,;o... .,.7 T ;..,;+0.7 T., e+1,.,......LGc~ .,...7 1.,.,.7..,,.,,.;,,,.., rea T° ~;.7o„r:.,l ., .. a;..~.-;,,+~ .,.7.70.7 2 ' r ~~'~;• - ,7 „l - x - i c ai2 ~ ~ cC~S~ -ixv ~~ xxx~ ~rn a ~ c .,«.7., T4';+ ;.. ,70+0.-.~,;..e.7 *1,.,+ o ;.,4; i ~ ~ .... ~Mcc4„ ..00.7 ,.,+~ ~L..,11 ti,e ,..t.,,.e ,- 1.,..,,7e,7 F r 1..,.7,. ..1...,11 ..;.7e,. +l,e „1..+:..e ~.-.,~~., ; ..~~ ~,F ~ ..l0 4:,.,,;1.. ,- x;.70„+;.,1 ,. o.,+~ .,f' ~ • • • Saratoga General Plan - 24 Revised Nov. 1-2006 ~+g~~-2996 • • C 05 SAlt9 `~q; ~ ~ TOGS C '~7 o9lrFO~~~~ e e,l ~ r ~ . ,,,~,1 ;,~ ,,, a ~,,~.,~ ~~ D. 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D 4e 41,0 1.,..., + o,-.., o ,,.a „o~~_~,~tl~ r•4., nv,4 , i...,,,,..1, „ ,-of„1 ,,,,1~, ~;~ rf~ na o ,l o,,; ~;,,,,~ .,,,,1 f 1?elie3~ Tl,o /"'~;4„ ..1....11 .. ; ~,..,1 .~ ~..4;ncc ~;,lo,. 41,0 0 ~..*~ of D. Tl,o r;4.. X1,.,11 .,, 1,,.,4 ., ~,-a;n„s, = .e ...L.; ,.1.. ,;tt .. 41, 4;,,..... vpcz~ ~ o~a~:~~~ ;., 41,u 4;..-.~. ., f' ,.., .. ... ;.,~,.,-., .... .......» ..e..,o«+~ ~, e.... roa ~-,, .,., a~~lo,~r.. +, . ,. .,40 41.u r;4.. ~ ,. 41,c a;..e ,.+ .,.,.7 ;...l;ro.,4 a ~~„~ ,,,;~_of~ ,.tom 41,.,4 ., e ~-,,..~ ,. oa ao,.ol., .,.,,0„4 .,,~,~1_*„ , Draft Land Use Element The following goals, policies and implementa- tion measures have been adopted to ensure that the vision of Saratoga can be achieved. The term "goal" designates a desired end state which the Land Use Element attempts to achieve. The term "Implementation Measure" describes specific methods or actions that the City can take to -achieve each goal and related policies. Residential Land Use Goal LU 1: Maintain the predominantly semi- rural residential character of Saratoga. Policy LU 1.1: Affirm that the city shall continue to be predominately a community of single-family detached residences. (Exist- ing LU 8.1) Policy LU 1.2: Continue to review all resi- dential development proposals to ensure consistency with Land Use Element goals and Policies. Policy LU 1.3: Ensure that existing unde- veloped sites zoned single-family detached residential sl~eul~remain so designated. (Ex- isting Policy 8.1) Policy LU 1.4: Review and update Area Plans on a periodic basis to ensure that they reflect the desires and needs of each neighborhood. Saratoga General Plan 25 Revised Nov. 1, 2006 e, ,,,, ,~+ ~ Anna ut SAg9T 4 i~~ ~ ,v, 4~ -.09tjF08~1/ Draft Land Use Element Policy LU 1.5: Ensure that all development proposals are consistent with the spirit and re- quirements established by Measure G. Implementation: LU 1. a. The Citv shall continue to utilize the Residential Design Handbook and design review process to ensure consistency with Residential Land Use Goals and Policies. Responsible Agency: Community De- velopment Department/Planning Commis- sion Funding Source: Development Fees Time Frame: Ongoing Related Policies: 1.1, 1.2,1.3, 1.5 LU.l.b. The Citv Council shall initiate the up- date of the Area Plans as part of the update - -- - ---- ro~eSS'--- - -- --- Responsible Agency: Community De- velopment Department Funding Source: General Plan Fees Time Frame: TBD Related Policies: 1.4 soundwalls as determined through the De- sign Review process. (Existing LU 4.1) Policy LU 2.3: The City shall revise the zoning ordinance to allow bed and breakfast establishments as conditional uses in com- mercial or residential zoning districts where such uses have not previously been permit- ted and where such uses would be appropri- ate. (Existing LU 4.3) (Zoning Ordinance currently provides for bed and breakfast establishments as conditional uses in commercial and professional office dis- tricts Policy LU 2.4: The City shall work with commercial property owners and merchants to encourage appropriate modernization and up rg ading of retail establishments consistent with the historic character of the community to provide pleasant shoppin experiences. • Policy LU 2.5: The City shall monitor Zon- ing Ordinance standards to ensure that non- residential parking standards are adequate to minimize spill-over of parkin into adjacent neighborhoods. Implementation: Commercial, Office; ~~sH~ai and Public Land Use 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 areas. (Existing L U 4.0) Policy 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) Policy LU 2.2: Non-residential and~i~l uses shall be buffered from other uses by meth- ods such as setbacks, landscaping, berms, and LU.2.a. When considering applications for non-residential developments, the Citv shall continue to utilize the design review process to ensure consistency with Commercial and Office Land Use Goals and Policies. Responsible Agency: Community Devel- opment Department/Planning Commis- sion Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 2.1; 2.2, 2.4, 2.5 Goal LU 3: Promote the long-term fiscal sound- ness of the City of Saratoga through careful analysis of .land use decisions and fiscal prac- ---dices.-(Existing-L-U-~O,~ ------ - -- - Saratoga-General-Plan - - 26 -Revised-Nov..-1, 2006 At~g~~'-.-moo • • et 5 A j; ~,4 ~--910 ;~~ ~~~ ;~ - ~ c9ttFOn~'~~ Policy LU 3.1: The City shall consider the eco- nomic impact of all land use decisions on the City budget through the preparation of fiscal impact analyses for major development propos- als. (Existing LU 7.1) Policy LU 3.2: The City shall adopt regulations authorizing exactions in the form of improve- ments or fees required from developers to com- pensate the City for their fair share of direct and indirect economic effects that arise from proposed development and to insure implemen- tation of the General Plan. (Existing Policy LU 7.2) Implementation: LU.3.a. Revise the Municipal Code to include requirement for a fiscal analysis for major de- velopment proposals as part of the subdivision and conditional use permit process. Responsible Agency: Planning Com- mission/City Council Funding Source: General Fund. Time Frame: FY 2007-2008 Related Policies: LU 3.1. Implementation: LU.3.b. Continue to update the fees schedule on a yearly basis to compensate the City for eco- nomic effects of development. Responsible Agency: Planning Com- mission/City Council Funding Source: General Fund Time Frame: Yearly Related Policies: LU 3.2 Goal LU 4: Provide sufficient land uses for public, quasi-public and similar land uses in Sarato~ Policy LU 4.1: Periodically monitor the amount and type of land needed for City public uses and facilities and report to City Saratoga General Plan Draft Land Use Element Council through the annual Cit~getary process and Capital Improvement Program. Implementation: LU.4.a. Update the City-owned Properties. Report (2003) and gather public input on status and use of properties for report to City Council to help set priorities and determine funding for improvements at facilities. Responsible Agency: Public Works/City Council Funding Source: Capital Im- provement Budget Time Frame: FY 2009-2010 Related Policies: LU 4.1 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) Policy LU 5.1: Prior to i~iti-al 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. This may be accomplished throu h comple- tion of traffic impact analyses prepared by qualified traffic engineers or transportation lanners. (Existing L U 6.1)) Policy LU 5.2: Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the 27 Revised Nov: 1, 2006 A~g~st~2.896 o{ SAR9 ,. AO ;6~A4; -~,. y ~eee.-` A OgtIFOR~,/ proposed use have limited adverse impact on the area and can be fuller miti ag ted (Existin L U 6.2 -revised) Policy LU 5.3: The capacity of existing streets shall be recognized prior to tentative building site or subdivision approval of any project. New development shall be designed to mini- mize disruption to the area caused by an in- crease in through or heavy traffic. (Existing LU 6.4) Policy LU 5.4: Through the development re- view process. ensure that adioining neighbor- hoods are protected from noise, light, glare and other impacts resulting from new or expanded non-residential developments. Policy 5.5: Consistent with the initiative or- . dinance adopted by the City in 1977, sta- dium uses in Saratoga shall be limited as fol- _ _ lows (a) Neither a stadium of any size nor any other facility with a similar use but dif- ferentname shall be permitted in any zoning district. A "stadium" is a track and/or field which has any one or more of the following: permanent or portable seating (other than field-level seating for participating athletes), permanent or portable lighting, permanent or portable sound system, press box, scoreboard, restrooms or concession stands, and on which any inter-school events or other spectator-oriented events,of any kind are held. (b) Temporary portable equipment for cul- tural events (other than sports events or rock concerts) may be utilized on any track or field upon atwo-thirds vote of the City Council after a duly noticed public hearing and a finding that the particular event will not be unduly dis- turbing to the City. (c) This policy shall not apply to facilities at elementary and secondary (iunior and Draft Land Use Element senior highl schools or facilities built by private, nonprofit, youth-oriented organizations such as Little League or the American Youth Soccer organiza- tion • This policy is specific and does not re- quire an implementation measure. Implementation: LU.S.a. Through the design review and sub- division review process, the City shall require that all major development protects include traffic and environmental review to ensure adherence with Neighborhood Protection Goals and Policies. Responsible Agency: Community Development Department Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 5.1- LU 5_4 Environmental and Resource Protection Goal LU 6: Protect natural resources and ameni- ties through appropriate land use and related programs. Policy LU 6.1: Incorporate- specific start- dards and requirements into the Zoning Or- dinance topreserve and protect sensitive wa- tershed areas on hillsides within the com- mum Policy LU 6.2: Development proposals shall incorporate stormwater qualityfeatures, in- cludingbut not limited to, grassy bio-swales, to protect surface and subsurface water qual- Policy LU 6.3: Continue to implement the City's Construction Materials Recycling Program to reduce the quantit~of construc- tion debris in local landfills. • • • Saratoga-General Plan -- - ---- ----28- - Revise8-Nov.- 1,-2006 ~g~;°~'~06 of. SARq iti~4 T,c ' v~~ - ~L,FOR,zi~ Draft Land Use Element Policy LU 6.4: The General Plan shall continue to enforce and implement existing_policies of tree protection, especially of native trees. • Implementation: LU.6.a. Amend the Zoning Ordinance and standard conditions of approval to require that development application conform to stormvvater pollution prevention best management practices. Responsible Agency: Community De- velopment Department Funding Source: General Fund Time Frame: FY 2008-2009 Related Policies: LU 6.1, 6.2 Policy LU 7.2: ^'~ Encourage agricul- tural and open space landowners to voluntar- ily protect their land. Policy LU 7.3: Encourage agricultural use on suitable land with protection for nearby residences as appropriate. Implementation: LU.7.a. When processing cancellations of Williamson Act contracts, the City shall only support cancellation if it can verify consis- tency with General Plan policies and De- partment of Conservation requirements for cancellations. LU.6.b. Continue to distribute information re- gardingthe City's Construction Materials Recy- Responsible Agency: Community cling Program during the building permitting Development Dept/Planning Commis- - - process. ____ sion/City Council _ _ Responsible Agency: Community De- ~Fundn~ Source:- Development velopment Department Funding Source: General Fund Time Frame: Ongoing Related Policies: LU 6.3 LU.6.c. Continue to require arborist review for all development projects in accordance with the City's Tree Ordinance. Responsible Agency: Community De- velopment Dept/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 6.4 Williamson Act Contracts and Agricultural Pro- tection Goal LU 7: Protect existing agricultural resources and encourage expansion of this use. Policy LU 7.1: Encourage renewal and dis- courage cancellation of Williamson Act con- tracts to preserve agricultural lands. Saratoga General Plan Fees Time Frame: Ongoing Related Policies: LU 7.1 LU.7.b. Continue to utilize the design review process to ensure appropriate buffers are provided where residential properties are ad- jacent to agriculturally designated lands. Responsible Agency: Communit Development DeptlPlanning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 7.3 . Hillside Development Goal LU 8: The natural beauty of the West Val- ley hillsides area shall be maintained and pro- tected for its contribution to the overall quality of life of current and future generations. Policy LU 8.1: Development proposals shall minimize impacts to ridgelines, significant nab-fiillside featur- es; mclu i-d'n~-but not 29 Revised Nov. 1, 2006 ~ ~~~~r2^~ vt SAR9 4 T ~~ ;U. 9 i - leae 0 \LIp~g1i1 limited to stems topogrraphy, maior stands of vegetation especially native vegetation and oak trees. and watercourses. Policy LU8.2: Adhere to the '`T^•~Hill- side Specific Plan which is incorporated herein by this reference. (Existing LU 2.0) Implementation: LU 8 a ~ Continue to utilize the design review process for all development in the western hill- sides and ensure adherence the city's Hillside Specific Plan. Draft Land Use Element LU.9.b. Require that_all development appli- cations in the hillsides include a grading plan and cut and fill quantities be provided, and limited to minimum required for dwellings and access. Responsible Agency: Community De- velopment Dept/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 9.2 Goal LU 10: Minimize the visual impacts of hillside development especially on ridgetops. Responsible Agency Community Devel- Policy LU 10.1: Require development pro- opment Department/Planning Commission ~osals in hillside areas to undertake visual Funding Source• Development Fees analyses and miti ag to significant visual im- Time Frame: Ongoing pacts• Related Policies: LU 8.1, 8.2 _~- -----~_.___- --- -- -- -- - - _ _ - _Implementation:. _ - - _-- _ _ _.._ . _ Goal LU 9: Preserve the rural nature of the hills by limiting incompatible development. LU.lO.a. Continue to adhere to the Residen- Policy LU 9 1• Limit Expansion of Urban De- tial Design Handbook during design review velopment in the hillside areas. for residential developments in the hillside . areas. Policy LU 9 2• Limit the amount of grading within hillside .areas to the minimum amount needed for dwellings and access. Implementation: LU 9 a Ensure protection of the hillside areas by designating medium density, multi-family residential and non-residential land uses in Land Use Map in the flatland areas only, where they are considered -more appropriate. Parks in the hillsides may be permitted provided they are planned in a manner that is compatible with the rural nature of the area. .Responsible Agency: Community Devel- opment Department/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 9.1 Responsible Agency: Community De- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 10.1 Goal LU 11• Foster closer interiurisdictional cooperation and coordination concerning land use and development issues. Policy LU 11.1: Adhere to Joint Hillside Land Use Objectives that will assure basic consistency of hillside land use policies among the West Valley_jurisdictions. The West Valley Cities and the County should work to¢ether to achieve the shared goal of preserving the natural beauty of the West Valley Hillsides. -Saratoga General-Plan -30-Revised-Nov.-1-2006 ~ , • • • °t S9RR .54~ TO /tij.~~r •..:. 9 v- ~: coax ~ ~~.O9tIFORT~l/ Policy LU 11.2: Continue to work within the adopted Joint Planning Objectives and Land . Use principles for West Valley Hillsides Areas to reinforce existing policies. Implementation: LU.ll.a. Continue coordinate with West Valle Cities to work towards achieving the preserva- tion of the West Valley Hillsides Responsible Agency: Community De- velopment Department Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 11.2 Historic Character/Cultural Resources Goal LU 12: Recognize the heritage of the City seeking to protect historic and cultural resources, where feasible. Policy LU 12.1: Enhance the visual character of the City by encouraging compatibility of ar- chitectural styles that reflect established archi- tectural traditions. Policy LU 12.2: Develop zoning and other in- centives for property owners to preserve his- toric resources and seek out historic desiQna_ tions for their respective properties. Policy LU 12.3: In order to create an incentive for the protection of historic structures, modify the Zoning Ordinance to allow the Planning Commission to have the authority to modify any of the development regulations in the Ordi- nance, if the- subject of the application is a structure which has been designated as an his- toric landmark. Policy LU 12.4: The City shall continue to par- ticipate in the Mills Act program which allows property owners of historic residences a reduc- tion of their grope tax. Draft Land Use Element past and foster civic and neighborhood pride and sense of identity based upon the recog= nition and use of the City's heritage re- sources. Policy LU 12.6: The Heritage Preservation Commission shall re ug )ariy update the City's Historic Resources Inventor Policy LU 12.7: Development proposals impacting any of the City's heritage land and/or any historic resources listed on any local or state inventory, shall be re- viewed by Heritage Preservation Com- mission and the Planning Commission. as required. Policy LU 12.8: For any project develop ment affecting structures that are 50 years of age or older, conduct a historic review. Policy LU 12.9: Conduct reconnaissance- level analyses of new development projects to ensure that no significant archeolo ical, prehistoric, paleontological, Native Ameri= can resources would be disturbed. If such re- sources are found, appropriate steps shall be made consistent with CEQA requirements to protect these resources. Implementation: LU.12.a. Continue to utilize the design review process and Historic Preservation Ordinance to ensure preservation of significant cultural resources. Responsible Agency: Communit Development Department/Heritage Pres- ervation Commission Funding Source: General Fund Time Frame: Ongoing Related Policies: LU 12.1. 12.3. 12.7, 12.8,12.9 Policy LU 12.5: Encourage public knowledge, LU.12.b. Continue to allow citizens with des- understanding and appreciation of the City's __mated historic landmarks to participate in the Mills Act. Saratoga General Plan 31 Revised Nov. 1, 2006 Aag~t ~ X86 ut SAR9 q TO rG~ 9 rz goes. ~ c9~rxog~~/ Draft Land Use Element Responsible Agency: _Community De- velopment Department/Planning Commis- sion/City Council Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 12.2, 12.4, LU.12.c. Update Historic Resources Inventory and Landmark List, and publish on the City Website information regarding incentives for preservation of heritage properties. Resuonsible Agency: Community De- velopment Department/Heritage Preserva- tion Commission Funding Source: General Fund Time Frame: Ongoing Related Policies: LU 12.5, 12.6 Design Review Goal LU 13: The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. (ExistingLU5.0) Policy LU 13.1: Utilize the design review process and the California Environmental Qual- ity Act in the review of proposed residential and non-residential projects to promote high duality design to ensure compliance with ap- plicable regulations to ensure compatibility with surrounding properties and use, and to minimize environmental impacts. Special atten- tion shall be given to ensuring compatibility be- tween residential and non-residential uses (e.g., land use buffering). LU 13.2: When considering development proposals, including new construction, re- modeling and/or additions to existing build- ings, the city adhere to applicable adopted design guidelines, such as, but not limited to, the Residential Design Handbook, the Vil- lage Plan Design Guidelines -and the Sara- toga-Sunnwale Road Gateway Guidelines, as may be adopted and revised by City Council from time to time. Implementation: LU.13.a. Continue to use the design review process for all development applications and ensure that all proiect adhere to applicable design guidelines (i.e. Residential Design Handbook, Saratoga-Sunnwale Road Gate- way Area Design Guidelines and Village Plan Design Guidelines). Resuonsible Agency: Communit Development Dep artment/Heritage Pres- ervation/Plannin g Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 13.1, 13.2 Annexations Goal LU 14: Seek to achieve appropriate and contiguous City boundaries to provide for the efficient delivery ofpublic services and to create a greater sense of community. Policy LU 14.1: Land shall not be annexed to Saratoga unless it is contiguous to the ex- isting city limits, within the Sphere of Influ- ence, -and it is determined by the city that public services can be provided without un- reasonable cost to the City .and dilution of services to existing residents. (Existing LU 1.1) Policy LU 14.2: The City shall evaluate its designated unincorporated Urban Service Areas to determine if the areas are com- patible with the County's Local Agency Formation Commission Policies and are appropriate for annexation and- urban development. (Existing LU.1.21 Saratoga General Plan 32 Revised Nov. 1, 2006 ^ "^"°+ ~ ~nn~ .7 • • • of . S~.?Lq? X54,_ AO /~ _ ~ ;~% 9 .:.. cede .. \tIFOB~~P Draft Land Use Element Implementation: LU.14.a. Coordinate all applications for annexa- tions with LAFCO to insure that annexations are consistent with current LAFCO policies. Resnonsible Agency: Community Devel- opment Dept/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: LU 14.2 Air Quality Goal LU 15: Improve local and regional air quality by ensuring all development projects incorporate all feasible measures to reduce air pollutants. Policy LU 15.1: Require development projects to comply with Bav Area Air Quality Manage- ment District BAAOMD) measures to reduce fueitive dust emissions due to grading and con- struction activities. Policy LU 15.2: Encourage use of trip demand measures as part of major commercial and of- fice development projects to reduce depend- ence on auto use. Policy LU 15.3: Discourage the use of wood burning fireplaces by limiting to one per residence, including outdoor/patio fireplaces. Implementation: LU.15.a. Amend the standard conditions of a proval for all new development projects to re- quire that all projects comply with Bav Area Air Quality Management District BAAQMD) dust emission reduction measures and to encourage trio demand measures for major non-residential proiects. Responsible Agency: Community Devel- opment Dept/Planning Commission • Saratoga General Plan Funding Source: General Plan Fund Time Frame: FY 2007-2008 Related Policies: LU 15.1, 15.2 Zoning Ordinance Review And Amendment Goal LU 16: Review and amend (as needed) the Zoning Ordinance to provide consistency with the General Plan updates, new state legislation and court decisions. Policy LU 16.1: Consider Zoning Ordinance amendments that implement the use and de- velopment of goals, policies, and plan objec- tives identified in the adopted 2006 Land Use Element and Land Use Map of the Gen- eral Plan. Implementation: LU.16.a. Amend the .Zoning Ordinance and/or Zoning Map, as needed, to ensure con- sistencv with the Goals and Policies of the General Plan Land Use Element Update. Resnonsible Agency: Community De- velopment Dept/Planning Commis- sion/City Council Funding Source: General Plan Fund Time Frame: FY 2007-2008 Related Policies: LU 15.3, 16.1 33 Revised Nov. 1, 2006 ° ~ ~^~ ~~+ ~ Anna Attachment 6 • _-__ • Attachment 5 of SAg9 ~ - 4 ~' v't 09 I ~~?oae„'~ ~- ~ P `C9t'IFO&~li _ DRAFT OPEN SPACE/CONSERVATION ELEMENT To the reader: The enclosed document includes existing and proposed text, shown as follows: Normal text = Language contained in existing Element that is proposed to be incorporated in Update. Set#~euQ#-test =Existing Element text to be removed Underlined normal text =Proposed new text (as included in August 25, 2006 Draft) Bold/underlined text =New text as proposed to address Planning Commission direction given during Study Sessions. REVISED NOVEMBER 1, 2006 • PREPARED BY: LINGO-MCCORMICK CONSULTING JERRY HAAG, URBAN PLANNER • ,h :~: Draft Open Space/Conservation Element Table of Contents INTRODUCTION 2 EXISTING OPEN SPACE RESOURCES 6 RESOURCE AREAS 19 OPEN SPACE/RESOURCE PLAN ZS IMPLEMENTING THE OPEN SPACE/CONSERVATION ELEMENT 3O GOALS AND POLICIES 31 LIST OF EXHIBITS OSC-1 Parks and Open Space Resources 15 OSC-2 Existing and Proposed Trails 18 OSC-3 Flooding Potential 12 OSC-4 Hazardous.Fire Areas 23 OSC-5 Watershed and Open Space Resources 25 i• Saratoga General Plan -- - - - --- 1---- -Revised-Nov. 1,-2006~~~^~~°+ ~~ manna- , Draft Open Space/Conservation Element INTRODUCTION California cities and counties are required to adopt and maintain both Open Space and Conservation Elements as comprehensive parts of their General Plan. The Elements are required to identify existing open space and natural resources within a community and set forth goals and Policies for the protection and preser- vation of these resources. Such resources include public and private open space, sensitive biologi- cal resources, flood hazards, agricultural lands, hillsides and others. As provided for in Govern- ment Code Section 65341, the General Plan may be adopted in any format deemed appropriate or convenient by the legislative bow, including the combining of elements. For purposes of stream- lining and combining the discussion of related issues, the City is combinin tg he Open Space and Conservation Element into a single func- tional element. The content of this single Element fulfills the requirements established in State law for both Open Space and Conservation Elements. The City of Saratoga adopted its Open Space Element on August 7, 1974, in conjunction with the 1974 General Plan. This Element was last dated in 1993. The Conservation Element was adopted in 1983. The City's connection to the land and to the natural environment has a lengthy history. The City was founded and based on the lumbering and wood product industry, later evolvin a agriculture, resort and artist center, all well tied ~to and.based on the resources and the beaut~f the natural environment. In the latter part of the last century, Saratoga became asingle-family residential community. The City has been able to retain its identity and uniqueness by control- ling the density and intensity of development, and by preserving the greenery of private and public gardens and yards, parks and hillside men spaces. ----~ - However, the continuing and rapid urban growth in the Bay Area affects Saratoga as well. The City's valley floor and foothills are dominated by development. Very few orchards and minimal agricultural lands have survived as reminders of the Citespast. Due to the limited land available in the valley, develop ment has been slowly encroaching into the hillsides and endangering this last remaining natural resource. The City is facing continuous development pressures. The reality of increasing demands for housing and rising land values requires the City to reaffirm and, clearly state its goals and policies re ag rdin its open space and natural resources, and decide on the role of these resources in determining the character and quality of life for the community in the future. The City of Saratoga has recently confirmed the communi 's appreciation and desire to preserve and enhance the City's existing ruraUsemi-rural character.and open spaces in and around the City, through a community survey conducted in November/December 2005. As a follow up to this survey, the City Council decided to update and combine the Open Space and Conservation Elements, as needed, to reflect communitygoals, to make them internally consistent with other elements of the General Plan and to meet requirements of current state law. r„ , own +r.o e~..,o T e,,;~t., ~,,,.e ,,,agog n,;o,; c,..,,,o ~,. ~t,o t;,.+ ,.r,,,.,.,a„*,,,-., Qe~er~l-~~r}-Eiemer~ts-~~-l~gir',~^ t~s~terrt i~°c$6~^c e' ,,.t,;,,t, ,~+ t.e a .o.i „t,a,.a„o,. .. ....,..~ ».,,..b, .. .... ....,.... ».... .,.b..,..». .. t..... • • Saratoga General Plan 2 Revised Nov. 1, 2006 86 • Draft Open Space/Conservation Element * n,,,. ~~ ^~ 1 mn ,:,,,, ~ei~el~r-viler-xugl3~ ~ , x.~ ~ iir-conjunccroxx ~tl+ E13~~ °~~ener~ ~a~~€lemen~.zxs l t - r+t- ~ has- -~ ~ #i t Tk ~x ~ -a !"':*,. , ~. n r ete ,,.,ao,1 .,., a e a 1,.,no,1 ,,,, - s e~- e rt,o 1,,,...1.o,.;r,. ~ ~ t d-- d e --t# - ~t~ e o- ~x ase e - n e-rese~ tt ~ e „f' „,-;,,n4 o n f ...7 .,,,1.1;n ..n,-.7e.,n n.,, 7 nr.7n n,-1.n l~eve~-t#e-ee~rt~rt~++ig-.~d~-.,.,:,1 „-1...,, ~e~~~~~ ,,.,110.. 41n,n„- .,.,.a f .,«l,;l~xr~ dexn~xte~~devele~me~~.'-e>~~eiv~-cis ;~~i~~e~~~r-el~r~ds-~a~;ea „« 1..,~ 1.00„ n1n.,,,1„ .,1.;.,.. „*., +l,o .,h,r.,1 : e. 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C,.Q „e ~lo,,..o„« •.. n ~ . ....:,0,1 i.,, «l,e ~fie+'i'3~+9+3 +J~cS~ ~ i ~ = ~ t i vlzr ni u• e p n-~ei~a +6n -es e~~ -e d-- f dh ~ i ~+ ~ rr se eg» 3g s PUBLIC PARTICIPATION (This Section shall be undated uuon a proval of the Element to include a summary of public participation process for the 2006 Open Space/Conservation Element Update.l 13 i eh d ~~ ^' ~o «~ C x~ ~ ~ - ,,,1„n«o,1 ., r ~xx- - - ~ .,« ., ,.~ d--€ ~~ = ~ ~ ei~ t e ePen ~a c~-i~ee :T- -assees 1 GJI{S{rlll•J~I -~3i~ e~er~--s~ase-~d-~•arz~~rd.-'~eee-~es~rlis C.....,+,,,...~~ ,,;,~, +,, a «t~o ,,..«,,,..,t ~: ~e~e~~~ -tl3e~ r v - t# }t = ~l g ~ t d- ~ fi e3 ; - e- - ~ T., ..L ~.. - ~ns --ap- ..,.e +;,•. ~e+~ e ar+ err e~rxe-~-es~de~rts-~ ~a~c e +- «+ b :....~.~ n ~ ~ ~•e--areas e~ n ~ esei3 ~ ~•«.. ~ ;~. g~ ..+.,,•, O ~ , ~ GT e~ TTII ~YY r[GTg IT ia4 T-r GrC'xV11j 1zLI1Cj Eemm}~e --ar+d th ~-~14 ~ ~ ~1~ e c a~e~: n a e A~E e -- ~- ~ t t ~ ~ ~ ~3 S -~~~ eii~el} ~9~ $ ~65 6r Tl. „1; a " «,1 e~«o,11„ °Pu°°~' izl" vaisic--i ix~~xpviircca- i xisv czxx~--vPcrc ~~ie+' iYie E6+~+}3~et+6#+~f-t'~x~~, ~irc-°cienxenr P&1}l+E hea~gS~er~l~eld--b~--tie D~-~xx~xs Saratoga General Flan __ _ _ 3_ __ _ Revised Nov. 1, 2006~~ ~^~ ~°+ ~~ Anna -- - - '- Draft Open Space/Conservation Element T cvrnrnznxrt~e9-urxv-}7i~3~-9~teA-E~333i~°~, -^cx$-Z't~ e c~c~ixv°-iicr ~ ~t ~ ' (` 1;F ,-.~,;n ,-° uirc~ ° u`~l $ ~ 'i-tiC- q c t r a° e°,.4;,,r C ~cc~nn.~l , 1°~;~°n ~e~el~xxxerl -e I G l v ' v v~ , wr: ,-mcTT~7'[[pe'-~C ~. -A1T~~~R j a wa u R v1 ~lT spa .. e .. ... ............ ..... ... ...,. ° > > > > xxrx , 4- °.] ~ ,. 1.. .,,1 # t €i t ~ 9S T ° et e ~~c~ r fr- el~ i n lkk S - Eel~ide ~ rs c~ '~~ se~ ~ e ~ , - 9 Se~- f6~ t~3° „'• ,•°`1 ,• pe1~-S~x36e • H ~ > ~ emirs ° > ~~t~ eee x~e~--~x ~ +.. ~~ ' 4 .,~ ..,,4n4n.~, .1;., .. n xn.,, -l~i~ t~er~er ~ t~tr^1~~.~} t~e~ea~ ° ° ° ° , ° ° ° ~ 9 e- -fer ~r13#~ Q neal ' ' -C S 1~e1~} ~ae ~ S S l 1 3 v ,1n 4; l,° .,~' l,n ~ a., °n~ ~~ ~ ,, s s .1 ,.°.i f r ., ° " ~ ; i iol c u o vp~ cn-~pucc--z vi pr~ , r rc ~ - > > n~ 1}~3e 5,~1z'xiin~x z ee, ••~aii c~r.~F °cu~--wiin ° ~ ~~~ t -& t# ~ ~ ' t~ i ~ - ~i i~ e~C1 13 0- ~-O HI -@ ~-.T 3 i}- ,l;..n.-n;+.. ,.f' ., ° 1n,,,1~ c~ ~ 5 ,~ rc c .,,1,;..1, f it ;,,4~ non ,.F 1,;11n;.1° ,,.1 „+n +1.° C~ 11 t,t, t, a i ° vv i t b d 1 a 1, 1 ui o ui xx . . vniarrFic igxroo Q~ l~r e ° x ic ~ nn Saratoga Planning Area: The Citv of Saratoga is located in the westerl portion of Santa Clara Countyjust southwest of the major metropolitan community of San Jose and approximately 35 miles south of San Francisco. Saratoga is found at the southerlyend of the San Francisco Peninsula. As full descrip- tion of its regional setting and planning area boundaries is contained in the Land Use Element (See Exhibits LU-1 and LU-2 of the Land_Use Element . r~ • Saratoga General Plan 4 Revised Nov: 1, 2006e„n„~+ ~,; manna C7 Draft Open Space/Conservation Element • Saratoga General Plan 5 Revised Nov. 1, 2006~~ ~^~ ~°+ ~~, ~nn5 Draft Open Space/Conservation Element EXISTING OPEN' SPACE RESOURCES Tl. f' 11 ..+.,,,..7.,,-.ate 1,., 1,° ~f°l~l;_~l~od ~,,..,,.....o ..__------- ---~- ----- ------------ .... ».....b t. ». ....... ~.,. Wit, °.. ..~....~ _., ~Y.,.. ~r___ .. __..--~-- ~Ll ,1 >, « „~ l;.v.;*°;1 «„ .1,° r 11,,,.,;,x.,. , ... ~.., .... ~...... .. ...b. 1.,.,t .,.7 ,v..,l l;f «„l,,.l;,x., t, t,•« . ~ ,. ~;..t, ..,1 . .;t,11;~ ,1,,,.:„.. ., ,~,~,11„~.,„F.. ~-~Tt~~°a~-~,as--c-oir~T^~ds, vine ~ TAT.,,-mil,°~ ° ,.,.i ~~..°.,...,~ ~ ,- ,..., , Outdoor recreation. Land providing room for a variety of passive and active recreational pursuits and offering important opportunities for the fulfillment of human and psychological needs, including: 1. Areas of outstanding scenic value. 2. Areas of historic and cultural value. Accessible areas particularly suited for parks and recreation purposes such as hiking, riding, biking, swimming, tennis, ball fields and more. 4. Areas providing access to and links between major recreation, cultural. and open space reservations, in- cluding trails, utility easements, banks of rivers and streams and scenic highway corridors. Areas with inherent qualities that humans find .visually pleasing, beautiful, relaxing, stimulating or enjoyable. D .7 4' ~ ' A .. F ° ; ro ~n~~ a a~ Qa ................. ~~ zat =ere- pp ~ a ropi , ...,...,_ .-•---~----~ r°a f .- ,-°~1,..,-..° .,F ,,..°,,,..i . ,.,+°,- .... . b.... b. ».... ........ b. „1,,.7;. ~' ,.,. 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Tl,° ARDlICTl--1,.,1;7;a .,1,,,1° - 33eeesSrrc~j--~9~'-a~~}~}A~-rrcr~21~„-,=L-n..-.7-«.,,-L^ Saratoga General Plan Revised Nov. 1, 2006 e, ,,., ,~+ ~~ manna Draft Open Space/Conservation Element ~ ~ a nE~ E~tV T i S,--a 32S n - r d , , ~ h il d--e ese-~x}s t e ~e p e °° , .,, ~7~~~, ~ .b, .... ~ ~ l ,,.__ Vi „___ .. ~__~_7_ _ ' ~L ' __r________ ____~__o__ Je~E itiC[ IYYY.Y'lii.T ' i.T t11 ttf ~t r-1FS- i ~t~- ~° i l tl i vci icc j3$ 3 c -20cig - r -air cT .,~ ., „i,,,,,+ +i.° r;+„ +},a,- _ ° ° ,.rte +i, r _ -- -'a-- -- '-- - --~ ~ t~t}2S F 1.,~.~1 ~ ' '~h c r --~arr rC-~C }3 7v~a Occ --tl3 e--- t~ as+~ l l3 ~ a p epmerr ~c-e- eve T+ :~ ;,,.,.,,,,-r.,.. t ~ ~ + t},~+ ~E3i3S. C-3~ vp(!}3 51336- 2 tie 3-e en s a i i ~ F:e-fie ~~ree~ea } p p ~s, ¢st ~ ,.,,},1' C., ° 1 t1 vi t -.-~;1~ „+.. .,+ 3~ 0-- 6 per- ~yyp~ ^,~ + - I t ~ L ~ ~ C ~L-~r[111TI 1Trt{+1 Ci~1S1I{yv tli t t ~ ~ GT~C~A 0.~ 6I~Z ~ r C e e~~E e - ~ D lrt a- ~~~ I + 11 3@S-an ~ GYriYV i~ (The following is currently found in Open Space Element as under "Open Space Defined). 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- riing Law states that open space includes, but is not limited to, the following: Open space for the preservation of natural resources, including, but not limited to, parks, recreation areas, areas required for the preservation of plants and animal life, habitat of fish 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, vineyards, pas- tures, agricultural lands, and areas 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. Open space for outdoor recreation, includ- ing but not limited to, parks, recreation ar- eas, areas 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 ar- eas, utility easements, .trails and scenic roadways. Open space for public health and safety, including but not limited to areas 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, • C • Saratoga General Plan 10 Revised Nov. 1, 2006^~ ~^~ ~°+ ~~ ~nn~ • • Draft Open Space/Conservation Element hillsides, valleys, areas with natural vege- tation, orchards and roadway, scenery. Within the City of Saratoga Planning Area, there exists a diversity of open space lands which fall into each of the above-stated catego- ries. Amajority of the open space consists of hillsides and mountains in the southern and western areas of the City and Sphere of Influ- ence. Most of this land is undeveloped and undisturbed. Small neighborhood parks and school sites serve the community. T~ «i.o ~ ,,.i,;ii ., The City's existing open space lands are diverse in scale, use and level of improvement. While most of the open space in the hillside is charac- terized by undeveloped and undisturbed land, - -the---typical--open spaces in the foothills and valley floor are landscaped and designed. The open space inventory is described and catego- rized in this Element, as follows: (The following section is found in the Open. Space Element under "Open Space Land Use Inventory) Dedicated Open Space Lands This category includes parcels and easements dedicated as private or public open space, parks or scenic/open space easements. Most of the dedicated lands were acquired through subdivi- sion approvals. These lands are designated as open space and are considered protected as such. This category includes over 250 acres of dedicated open spaces and easements. Williamson Act Contracts In the City there are a number of agriculture sites of varying sizes, which are protected and restricted to agricultural or open space use only, as defined in the specific Williamson Act contracts. These lands add not only to the perception of open space within the City, but' also serve as a vital link between the modern City and its agricultural past. Land area of agricultural lands currently under Williamson Act contracts total ~ 109 acres. ~g~i~t~al-~i~s w~ier~tl~-e~~e~s~e .~ Mn n4 G"~VnTi'Qri C. ~.,,,,, +,,o „ ..,~ ,. o~+ a.,+e. The mini- mum term for a contract is 10 years. However, some jurisdictions exercise the option of making the term lon eg r=up to twent~years. Contracts renew automatically every year unless non- renewed. Upon request of non-renewal, con- tracts will expire 9 years from the anniversary date following the giving of a timely notice of non-renewal (See Government Code Sections 51244 & 5). At that time, the land may be developed in accordance with the. standards of the zoning district in which the land is located. In addition to the agricultural land within the City limits, there are several hundred acres of agricultural land under the Williamson Act contracts within the City's Sphere of Influence. Private and Community Open Spaces. Private and Community open space land includes private properties with established open space use such as the Saratoga Country Club, and Madronia Cemetary. The Madronia Ceme- tery is maintained by a Cemetery District. Private lands such as Villa Montalvo, are leased for public use. (The land is operated in trust by the Montalvo Association and is leased to the County on a long-term basis). Flood Easements Flood easements along creeks within Saratoga that preclude development, are under the jurisdiction of the Santa Clara Valley Water District. A few portions- are dedicated and owned by the District but large portions are still privately owned. The creeks and flood ease- Saratoga General Plan 11 Revised Nov. 1, 2006 ^ ~ ~^~ ~°+ ~~ manna C9~t~FOR~lQ P// Draft Open Space/Conservation Element ments are important natural resources which dren play area for 2-5 and 6-12 age appropriate contribute to the beauty of Saratoga. egu~ment, 1 basketball hoop, 1 tennis court, 1 picnic table, pedestrian pathway, security light- School Sites in a~ nd open turf area. Saratoga is currently generally served by nine • Bellgrove Park is a linear ~2 acre park that schools, three of which are private, elementary ' . parallels State Route 85 and contains a children s two high schools and a community college. play area and picnic tables. Public schools are in generally found in four elementary school districts, three high school • Brookglen Park contains 0.7 acres of land at districts and two community college districts. 12734 Brookglen Court. Improvements include a Only one of the elementary school districts, children's la round, half-court basketball p y€ Saratoga Union School District, is located court, night lighring, climbing equipment, picnic entirely within the city. All other elementary tables and open turf area. school districts overlay other cities. The total school site ]and area that serves the Saratoga • Central Park or Heritage Orchard is located residents is over 300 acres; over 100 acres of near the Civic Center, bounded on the north by these areas are already devoted to open space Saratoga Avenue, on the south by Wildcat Creek and recreation use. School sites contribute to the and the Civic Center, and on the east by Fruit- sense of open space in the neighborhoods in vale Avenue. It is a 17-acre site that contains a which they are located. In addition, many school _ _ _l_4eacre_orchard._the community library and the sites include playgrounds and playfields, ~ lot librar arkin yp g . some of which are used by the community through joint use agreements with the ~ • Con r~Springs Park, located at 12970 Glen ~~ school districts. Brae Drive, contains 9.97 acres of land and is improved with ' ~:,,,,,,. ` '---~'-°„ a=~ City Parks ~ multi-use fields, 2-5 and 6-12 year old The City controls approximately 87 acres of children's play area with age appropriate play parkland of which 63 acres have been improved equipment, picnic tables and barbecue, open turf for park purposes. City parks are enerally we11_ practice field, concession stand, 2 restrooms, 2 distributed throughout the community. Existing drinking fountains, pedestrian path, benches and parks, are described below, and include a mix of an off-street parking area. neighborhood, citywide and specialty parks. • El Quito Park is located at 12855 Paseo Presada. • Azule Park includes 4.3 acres of city-owned land This park contains 6.3 acres of land and has been located at 12777 Goleta Avenue. Improvements developed with a picnic area -with barbeques, a include 2 playgrounds, one for 2-5 years olds children's play area, a community Barden, vol- and one for 6-12 year olds, one tennis court, 2 levball courts, balUsoccer fields, horseshoe pits horseshoe its, 4 barbecue areas, 2 drinking and a fitness course. This park includes night fountains, several park benches and picnic tables, lighting: perimeter pathway with 4 par course stations, grass turf area, security lighting and connection .Foothill Park contains a total of 3 acres of land to the VTA crossing_point over Hwy. 85. (0.9 acres owned by the City and 2.1 acres of land owned by the school district), It fronts on • Beauchamps Park contains 2.0 acres and faces Seaton Avenue, and facing north and south of east Beauchamps Lane between Crayside land the park is Foothill School. The City-owned por- - -- and-Bowhiii-Court:-Improvements-include chit= - tion includes benches and turf aiea. Saratoga General- Plan 12 Revised Nov. 1, 2006 ° ~ ~^~ ~°+ ~~ ~nn~ • • • Draft Open Space/Conservation Element Gardiner Park, at 19085 Portos Drive, includes two children's playground areas, for 2-5 and 6- 12 year-olds, benches and picnic tables, a drink- ing fountain, open turf area and a pedestrian pathway on 2.1 acres of land. Hakone Gardens is a specialtypark operated by a non-profit and consists of 15.5 acres and located at 21000 Big Basin Wav. It contains a picnic area, hillside and high trails, a bamboo park and water-strolling_gardens, a Cultural Ex- change Center, tea ceremonies, foundation of- fices, food service, restrooms and off-street park- ing. The park is one of 12 sites designated by the National Trust as part of the Trust's Save Amer- ica's Treasures program. It is available for wed- din sg and special events. Historical Park, includes .5 acre of park located at 20460 Saratoga-Los Gatos Road. Site of three of Saratoga's historic buildings: the Historical Heritage Museum, Saratoga's first library build- ing (circa 1927), and the McWilliams House that was built in 1865 by the town's blacksmith. The site also contains a eucalyptus tree grove; off- streetparking and security lighting Kevin Moran Park includes 10.3 acres. of which 4 acres are developed, and is located at 12415 Scully Avenue. Improvements include picnic tables, benches, drinking fountain, basketball hoop, perimeter pathway with 4 par course sta- tions, grass turf area, security lighting and con- nection to a VTA crossirig_point over Hwy. 85. • Pollard and Ouito property. At the northeast corner of Quito Road and Pollard Road is a .6 acre open space parcel that contains an ~im- proved path. • Ravenwood Park is located at 13830 Ravenwood Drive, across from Raven Court and includes a small tot playground area and benches on 0.45 acres. • San Marcos Wilderness Park includes 10 acres of land between Sobey Road and Fruitvale Ave- Saratoga General Plan nue at Crisp Avenue. This is a natural open space area with a trail that goes through it. • Springhill Court property includes a 0.2 acre parcel at the end of Springhill Court that was dedicated to the city as nark ]and as cart of the development of the adjacent subdivision. The parcel is in -its natural state with no imnrove- ments. Wildwood Park is a 4.1 acre nark located at 20764 Fourth Street that includes 2-5 and 6-12 year old children's play area with age appropri- ate play~ce uipment, volleyball area, horseshoe pits, bike paths, stage and amphitheatre, barbe- cues, drinking fountains, grass turf area, pedes- trian pathway and security lighting. In addition to City parks, there are several regional parks that, while not owned by the City of Saratoga, are located partially or wholly within its Sphere of Influence and/or immedi- ately adjacent to its boundaries, and thus rovide an additional source of narklands for the community. These parks include Villa Montalvo, Stevens Creek Park, Sanborn Skyline County Park and Fremont Older. (See discussion under Regional Parks). Exhibit OSC 1 shows the location of existing Parks and Open Space Resources within or adjacent to the Saratoga Planning Area• 13 Revised Nov. 1, 2006 ~ ~ ~^~ ,~+ ~~ manna Draft Open Space/Conservation Element a U x~ `!•` 9 i l ~ Sartom61cy11ne jl CoimryPark d e 1 m SOURCE: City of Sazatoga. July 2006. Exhibit OSC-1 PARKS AND OPEN SPACE RESOURCES _ _ City Limit --°°°°-•°°°°° Sphere of Influence - Parks / OS within Sphere of Influence Parks / OS outside Sphere of Influence o vd vz ~ mue • • • Saratoga General Plan 14 Revised Nov. 1, 2006 ^ ~ ~^~~+ ~~ manna ~~ Draft Open Space/Conservation Element tum and recreational open space. The Villa, which provides cultural and music activities and programs, is owned and op- erated by the Montalvo Association. The park is maintained by the County with Federal assistance. • ~.u poi j -moo ;s. sp;~es~t~-eve ~~e...., er ,,,>,o .,1„0 0 sprees--~kese-sites-~a~=e--~, ^*~~*;~1 •~ '~ S i,-r'.,11, 6~-lflr 'a ~'a~u; ~v~ .70 01,. e.a 1,;11~;.7e g , t, ., ~:•o.. ~*; 11 0 ;~+. .:rl,;.. *L,o (`; t ,, l;,Y,;+.. Td.,~+ „~'+t.e Al ,.,-.;,,r ,.4'.,,1,;,,1, ; ,.,,,,lo , ,l , .;.1^;,, ;+~ Re~iozzal Parks and Open Spaces. Three major regional parks exist within, or partially within, the City's Planning Area and are accessible to Saratoga residents. The three parks are Montalvo Arboretum, Stevens Creek Park and Sanborn County Park. These parks total of 1,830 acres. Montalvo Arboretum includes 175 acres of woodland in the hills straddling the south- ern boundary of the City. The majority of this open space is located within the County unincorporated area, but is par- tially located within the City of Saratoga and is ~ entirely within the Cit~phere of Influence. The land is operated in trust by the Montalvo Associa- tion and is ]eased to the Coiinty on a long term basis: The site contains the Arbore- Upper Stevens Creek Park is a multiple purpose park in Cupertino's Sphere of In- fluence. It is accessible to Saratoga resi- dents by trail and scenic road. The park contains 655 acres including a 92-acre, non-power boatine reservoir popular with fisherman and boaters, picnic areas, over 6 miles of single track and multi-use trails which connect with the Mid-Peninsula Open Space Fremont Older Preserve, and a 28 station rovin archery course and range, which is open to the public. Sanborn County Park is a part of a larger regional Skyline Park. The Skyline Park contains 1,000 acres and extends from Sanborn Park to Skyline Boulevard. It is one of a series of multiple-purpose recrea- tion areas and trails, which complement Castle Rock State Park and create an un- disturbed corridor along the scenic moun- tain highway. These trails are part of an even more extensive trail system-that links the Santa Clara and San Lorenzo valleys with Castle Rock State Park, Big Basin Redwoods State Park, and the Pacific Coast. Midpeninsula Regional Open Space District lands Midpeninsula Regional Open Space District (MROSD) is a governmental agency dedicated to the acquisition and protection of open space lands. The MROSD holdings include over 320 acres within Saratoga's Planning Area. Among them is Fremont Older Open Space, an 739- acre ureserve located on the urban fringe and extending fo Upper Stevens Creek Park to the Saratoga General Plan 15 Revised Nov. 1, 2006"~ ~^~ ,~+ ~~ manna Draft Open Space/Conservation Element north and west. This open space resource offers a variety of experiences to hikers, bicyclists, and equestrians. Trails Over the years, the City 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 ing 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 part 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 example of these linkages is the Parker Ranch Loop, a segment of trail that connects __-__Saratoga to_the_Eremont Older Open Space and, which has a common boundary with Upper Stevens Creek Park's eastern boundary. The CitZis planning a trail that would link Saratoga trails to the County trail coming out of Stevens Creek County Park into the Mount Eden Valley. Similarly, the Ci is helping plan 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 ridge onto Waddell State Beach on the Pacific Ocean. 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 Count~Park. The Santa Clara County Roads and Airports Department and the City of Saratoga will work together to enter into a joint 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 "omen space in support of the mission of military installations, that comprises areas adjacent 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 military lands." No such military lands exist within or adjacent to the City of Saratoga. • • Saratoga General Plan 16 Revised Nov. 1, 2006 ^ ~ ~^~ ~°+ ~~ ~nn~ • t • Draft Open Space/Conservation Element 1 v .r ,l. ~ r-'~. i t.~ ' 7 ~ .. r'' ~' ~ ~ ~ ~ ~ i . '~ , ~ _ ~. , ~ ~: f l s Cam... - - -- _ _~ ~. h ,,. ::` ~ ~.- t~ ~~ l r ~ T tip. ,~ •. z ~-, ~ > > c rti ~~ ~ ~ g ~ c ,~ ,~;,~ - _ ~ ~ ~,H,. ~ r ~ ' c~csr ezt ` y r _ ~~ ~~ ~ r _ ~ ,--'- ~" ~ ~~ j : ~ ' _~ f ._n~., t. ~..- ~ ~~ .w ~'' _ - - ~ ~e~. wrt..-~ t ~~ ~. Ilr ~ - ~ _- ~ _..+c+ `r t R r., , _~~..,, 9 . ~ .,. ~~ '~ ~ 1 i ~ 1 ...~ - s--~ r ~ S ~~ ~~ A ~ ~ LEGEND CITY OF SA RRTO GA ~T Saratoga Parks Existing City Trails Other Park Resources EXISTING AND iirll~~~rrr Proposed CiUj Trails CJ1 PublicSchook PROPOSED TRAILS - ...., Other Existing PublicTraik - ~~~~. Other Proposed Public Traits ~~ GRAFT FOR REVIEW ENTR4ILSCOMMfTTEE .u.r City Limits . ~ Sphere of Influence o ~s ~ mars -~{Vterials - - Pugust 1,ZDOG Saratoga General Plan 17 Revised Nov. 1, 2006 , Draft Open Space/Conservation Element RESOURCE AREAS Undeveloped and Agricultural Lands 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 undeveloped land in the incorporated City, there are approximately acres that are essentially vacant in the Sphere of Influence. Most of these ]ands are located in hillside areas and are subject 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. Agricultural uses in the City include more than 150 acres of land. Of this total, 109 acres have been desi agn ted 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 ]and. The act permits a lower Counter tax assessment based on agricultural 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. Mineral Extraction Mineral resources in the Saratoga vicini are limited primarily to sandstone and shale. While there are several closed quarries within the Saratoga Planning area, currently there are no mines or quarries known to be operating in Saratoga or its Sphere of Influence: Quarries and reclamation plans for former quarries are regulated by the State Mines and Re- source Agency (SAZARA). Reuse of former quarry sites within the city limits is regulated through the use permit, design review and . environmental review process. Geologic Hazards The land's capabili of supportin dg_evelopment varies rg eatly throughout Saratoga and its Sphere of Influence. While many areas offer p~~~ less constrained 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 by unstable soil conditions made even more hazardous to development by the steepness of the terrain. The San Andreas Fault, which crosses through Sarato ag 's Sphere of Influence, presents another serious hazard to any development within the fault zone. A major earthquake along 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 shaking, 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 specifically define the geologic hazards existing in Saratoga and its Sphere of Influence. • C7 • Saratoga General Plan 18 Revised Nov. 1, 2006 8 • • Draft Open Space/Conservation Element Flood Plain and Flood Protection Saratoga 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 adiacent to the creeks. Exhibit OSC-3 shows the location and extent of the 100- year flood plain as identified- by the Federal Emergency Management Agency (FEMA). In the past, however, homes have been con- structed in these flood plains which may be subject to severe damage. In January of 1982, a severe storm affected the entire peninsula causing a significant amount of damage. More recent. flooding has occurred in the lower lying areas of the City. Since 1982, several of the Cites creeks have been widened and deepened to improve their water carrying capacity. The Water District's main activities in Saratoga have been the routine maintenance of channels, including silt removal, clearing of underbrush and other debris, and erosion control. Saratoga ~s ~ discourages channelization of the natural watercourses, arguing that flood control systems should be developed-that utilize natural systems and enhancement and restoration of natural features that can diminish flood flows and rates of flow. In response to this, the Water District has suggested that adequate flood plains be established which would include less land on either side of the creek bed but would in some cases require some dike or levee construction paralleling its banks. In mid-1974 the City passed a Resolution authorizing citizens to purchase flood insurance under the provision of the Federal -Flood Insurance Program Act. In addition to the insurance, the City conditions -subdivisions- to improve streams or drainage ways to prevent Saratoga General Plan flooding. The Water District is notified of any proposed development that mi ht~impact a Water District stream. Development in Saratoga and its Sphere of Influence will have the potential to intensify runoff by adding more impervious surfaces, increasing stormwater flows to the local and regional flood control network. Continued cooperation between the City and the Water District will ensure the maintenance and protection of the flood control network. Fire Hazard Area Portions of the hillside areas and certain other areas of the City are considered high-risk fire areas by the Saratoga Fire District and the Central Santa Clara County Fire Protection District, which are the two fire protection special districts that provide fire suppression, fire prevention and emergency response to the City of Saratoga. The Fire Districts consider the hillside portions of the Saratoga planning area to be hazardous fire areas. In some .instances, dwellings are, or could be; located near dense tree and brush areas with limited access for emergencLquipment and in places where provision of a reliable and adequate water supply may not be available. A map of the Fire Hazard areas is shown at Exhibit OSC-4. The Fire Districts and Saratoga Building Division continue to carefully review plans for development in hazardous- fire areas to ensure that an adequate emergency response can be achieved, that building sprinklers and effective alarm systems are provided and that an adequate water supply with appropriate water pressure is available.. 19 Revised Nov. 1, 2006~~ ~^~ ~~+ ~~ ~nn~ Draft Open Space/Conservation Element • C7 • Saratoga General Plan 20 Revised Nov. 1, 2006°i~^~~°+~~ manna • - • Draft Open Space/Conservation Element E ,,~ •..- ~ ~ .~.`..,~ M~.tiden ~~d a E as ~yo ,~ ~`e~E ~pg F ~ / B'g~as ~av 15 s a i gU 6 .~ Q C 67 SOURCE: FEMA, Flood Insurance Rate Map, City of Saratoga, 3 July 1997. v m 0 x T c m a Road i Je A¢~ y Q 9 b w` Exhibit OSC-3 FLOODING POTENTIAL City Limit --••--~••~--•• Sphere of Influence -+~•-~- 100-year Flood Plain (approx. ) 0 ll4 1!2 1 rrWz • Saratoga General Plan 21 ~ Revised Nov. 1, 2006 e, ,n, ,~+ ~~ manna Draft Open Space/Conservation Element Y 0 a ~ Prospect Road ~ ~ ..~ '' i E Cox Avenge • t• ~ ~„ .~ r°e v I Ede ~~ ~ ~' o Mt. a,p - ~' '~ a ~. °ap. C>, ,tee a I _ ~~ , , s. c yeS ~ vi ~aP O ~o 6 Q,~~ce ,~ ~end~Ie gwertue 4 ~ ~ L ~~. ~~ . a F { 1 g 3 .~ _L f ~+ 4: S ~` _ ~~ _ a ~~° f °~ - ~ ~ ~ SOURCE County of Santa Gaza, 2006. Exhibit OSC-4 HAZARDOUS FIRE AREA City Limit ~•---•----•« Sphere of Influence Designated Hazardous Fire Area, Early Warning Alarm System 0 I14 112 I mile Saratoga General Plan 22 Revised Nov. 1, 2006^ ~ ~^~ ~°+ ~~ ~nn~ • • • Draft Open Space/Conservation Element Water Supply Domestic water is supplied to Saratoga by the San Jose Water Company, a private company serving central Santa Clara County, including the City of Saratoga. Water is available from three sources: local groundwater, which is extracted via a series of wells, local surface water, primarily streams and runoff from local hillsides; and, imported water from Santa Clara Valley Water District. Well and stream water is purified at the San Jose Water Company treatment plant in Los Gatos. The San Jose Water Company does not supply water to areas more than one lift (300 feet) above -the City's service system. Before more construction is allowed in portions of the Sphere of Influence or the western hillsides, additional water source(s) and an economical water distribution system must be identified that will allow a reliable delivery of an adequate supply -and pressure of water for domestic and firefighting purposes. The San Jose Water Company updated its Urban Water Management Plan (UWMP) in 2005. Based on population projections made by the Association of Bay Area Governments (an annual 1.5% growth rate), the UWMP found that the San Jose Water Company will have suffi- cient capacity of local water available to serve their service area until 2030. The UWMP found that water shortages would occur in the event of an extended, multi-year drought during this time period, but methods are included in the UWMP to ensure that adequate water service would continue. These methods include additional groundwater pumping, acquisition of additional imported water and implementation of water conservation techniques. Watershed Protection Areas Portions of the higher elevations of the Santa Cruz Mountains within the City's Sphere of Influence provide water runoff into local streams and recharge wells that provide a portion of the City's water supply. These areas should be protected from significant urbanization in order to maximize continued production of the local water supply. (See Exhibit OSC - 5) Water Quality The City of Saratoga is a participating agency in the County of Santa Clara Non-Point Source Pollution Control Program. This program is to protect lakes, river, creeks, streams and other bodies of water in compliance with National Pollutant Discharge Elimination S,, s (NPDES) Permit requirements. Under this program, local development projects both public and private funded, must incorporate Best Management Practices into each development in order to protect water uality during both construction and post-construction phases of a project. Adherence to water quality standards for development proposals is the responsibility of the Citv of Saratoga. Saratoga General Plan 23 Revised Nov. 1, 2006~~~^~~~+~~ ~nn~ Draft Open Space/Conservation Element 0 u ! - ! r err :r;' ;,,.. ;';• : . /rr .-! /~f ;/~J .:. `~ ' '`. f :~i+~m6nty~y ;~ pr~Pect Road IJr !.r~; rr ~!/.'•-r f~.a'J~.~MPOSD~j`!/ !r +i r . i/f r rJ' f r .r,rl. fi rr If ref/r.f .f! ftr' ;~l`•` r rr r r i Ir1 -// ,,{ r't/ frr % r''/f'%i/ i/r fir, l`'~±f i f . irf 1: ;r rrj~f/ j !' ` ,lrf!•! 1 j' r %r/ri .ice/ IIS f1 j r J !} f r lr~:; /r . ,' ; rf',r rRa~~: / / r ~'r . 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' r ~r'~;rt'r i /f . `;1 :'~~~St11~W1'oYnc~'l%,r SOURCE City of Saratoga, July 2006. F~ibit OSC-5 WATERSHED RESOURCES City Limit ---------• Sphere of Influence 0 Watershed & Hillside 0 U4 I!2 I m0e •' • Saratoga General Plan 24 Revised Nov. 1, 2006 ^ ~ ~^~ ~c' ''~ manna; • • • Draft Open Space/Conservation Element Plant and Wildlife Species Saratoga and its Sphere of Influence are charac- terized by a diverse array of wildlife and plant species. The landscape varies on the foothill and mountain slopes from dry chaparral to larger woodland, where stands of various oaks and native species- predominate. Common to this area are the Live, Black, Valley, Blue, Tan Bark and Scrub Oaks, Madrona, Buckeye and California Bay Laurels. Strands of Dou las 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 opportunity available to view a comprehensive collection of native plants in their natural settins. 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 of urbanized areas, including a combination of native and introduced trees, grasses and shrubs which serve for landscaping_pu~r oses. 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 tiger salamander and red-legged frog. Both species are listed as Threatened under the Federal Endan erg ed 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 larly frequent 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 eg red plant and wildlife species that maX occur in the hillside potion of the Saratoga Planning Area, including coho .salmon, steel- head trout, Zayante band-winged grasshopper, California tiger salamander, California red- leg ed frog per's hawk, San Francisco garter snake, Alameda whipsnake, white-rayed pentachaeta, Ben Lomond spineflower, Marin western flax, Tiburon paintbrush, coyote ceanothus, Santa Clara Valley dudleya, Metcalf Canyon jewelflower, fountain thistle and San Mateo thorn-mint. This list is based on secondary source material prepared by both the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Open Space and Conservation Ele- ment goals and Policies require site specific surveys 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 where 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 25 Revised Nov. 1, 2006 5 Draft Open Space/Conservation Element merous varieties of rare plants and insects. The grounds of the Montalvo Arboretum are maintained by the Santa Clara County Parks Department. Arbor Resources The Cit~of Saratoga owes much of its beauty to the wooded hillsides and native and ornamental trees found throughout its neighborhoods. The City of Saratoga has also historically recd ng ized the importance of plantine and preserving tree resources as an invaluable asset to the commu- nity in terms of increasing the natural scenic qualities of Saratogypromoting natural ventila- tion, providing erosion and acoustic control and increasing_property values. The preservation of such trees supports the health, safety and welfare of the City residents by preserving scenic beauty, preventing soil erosion, protecting against landslides, c_ounteractin air pollutants, maintaining climactic balance and decreasing the effects of wind velocity. The Tree Protection Regulations: The Ci . has adopted, by reference, the 2001 version of the International Society_of Arborists Standards. These standards, together with Saratoga's Tree Regulations (contained in Article 15-50 of the Saratoga Municipal- Code), establish the basic standards and recommendations for the protec- tion and preservation of trees in Saratoga. The City's Tree Regulations are desi eii d to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of the City. In addition, in recognition of the value the citesplaces on the protection and preservation of trees, the City Council has adopted an ordinance that provides a process for designation of certain trees as heritage trees. Once designated, they will be listed as a designated resource, similar to other designated cultural resources discussed below. Cultural Resources Saratoga has a colorful history dating back to 1846 when Bill Campbell and'his sons estab- lished asawmill on Quito Creek. The discovery of mineral springs in the area soon prompted development of several luxurious seas, remind- ing local-residents of similar eastern spas. From this memory came Saratoga's name. Orchards were planted and covered the land until the late 1940s when they began to be replaced by homes. In recognition of the historic character of Saratoga, the City has adopted a Historic Preservation Ordinance to protect the irreplace- able heritage resources. The Ordinance creates a Heritage Preservation Commission to inventory historic resources, recommend to the City Council specific resources which should have historic designations, and act as an advisory body to the City Council, Planning Commission, and other agencies as to the impact of proposed new development on historic resources. A list of designated local historic landmarks is available in the City's Community Development Depart- ment. The following historic landmarks, which are included on National and State of California Historic Registers, exist within the Saratoga Planning Area: • The Warner Hutton House, located at 13777 Fruitvale Avenue. • Paul Masson Mountain Winery, located on Pierce Road. •Miller-Melone Ranch, located at 12795 Sara- toga-Sunnyvale Road. • The Saratoga Foothill Club, located at 20399 Park Place. • The Saratoga Toll Road, e~ nerally located at beginning of Third Street and Big Basin Wad • Villa Montalvo, located at 14800 Montalvo Road. • The Welch-Hurst Building, located at 15800 Sanborn Road. • Saratoga General Plan 26 Revised Nov. 1, 2006 ° ~ ~^~ ~°+ ~~ ~nn~ • Draft Open Space/Conservation Element In addition to Cit~,landmarks dating back to the 19~' century, several archeological sites have been identified in the Saratoga area. Two specific sites have been log eg d by the State Archeological Inventory Survey "on or near Saratoga Avenue, adjacent to the Saratoga Him School". Other, more general areas have been indicated by archeologists to contain potential sites requiring further investigation. Saratoga General Plan 27 Revised Nov. 1, 2006e, ,,,, ,~+ ~~ ~nn~ Draft Open Space/Conservation Element OPEN` SPACE/RESOURCE PLAN The City of Saratoga intends to implement the following course of action to ensure that additional parks, trails and resource conservation areas are developed, protected and preserved. Park Standards The City shall seek to attain a park goal of five ~5) acres of developed municipal parkland per 1 000 residents. This is based on the National Recreation and Park Association standard and is a common metric used by other communities in California to measure adequacy of parkland. Parks maintained by regional entities are not included in this goal. City Parks The City shall maintain, and where possible improve --city owned--lands as -appropriate- to increase the city's supply of public parks. In addition, the city will continue to encourage dedication of lands for park use with subdivi- sions of 4 or more parcels. In the year 2020, with a population estimated to be 33,300, the City would require 165.5 acres of parks. Cur- rently there are 87 acres within the City. Him land costs and the limited amount of undevel- oped land will pose challenges to the City in seeking to attain its goal. City Trails Development of a comprehensive trail s s has been a priority of the community for many years. The Existing and Proposed Trails Map identifies proposed trails that when completed will provide the community with a trail s s network that provides open space linka eg s for greater access to recreation activities and natural resources within grid beyond City limits. The City continues to require dedication of trail easements as a condition of development adiacent to planned trails. (Refer to Exhibit OSC-2 Preservation of Natural Resources Preservation of natural resources, including agricultural resources, sensitive hillsides, rare, threatened and endan eg red plant and wildlife. ~ecies, water resources and others has been a Citespriority for a number of ey ars. The City will face particular challenges in the northerlyportion of Saratoga which is currently deficient in the amount of parks, primarily to planning policies in effect when this portion of Saratoga was subdivided in the 1950s and 1960s. • • Saratoga General Plan 28 Revised Nov. 1, 2006 , • • • Draft Open Space/Conservation Element 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 open to the City as well. Dedication: ofparks and trails The City can and should require dedication of both land for parks and trail easements wher- ever feasible when considering subdivision maps (parcel maps and tractsl 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. Taz 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, land use regulations can be developed to encourage on-going .agricultural operations limit development in and adjacent to flood Saratoga General Plan 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 The State of California has adopted several bond programs in recent years that provide full or partial funding for park acquisition and development, trail development and similar recreational facilities. The City of Saratoga shall continue to explore opportunity for funding through these and other funding programs. Master Plan of Parks and Trails _ __In _1991, the Citv adopted 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 specific methods to expand park and recreation facilities within Sarato! will be updated as needed to meet current and future needs, and to ensure that it comple- ments and provides linkages to the County Trails and Pathways Master Plan and Midpen- insula Open Space District trails system. Intergovernmental nroiects The City may elect to work with other local and regional agencies within Santa Clara County for the provision of parks, open spaces and other recreational facilities. 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The Plan would identify open space needs as well as the appropriate use and ongoing mainte- nance needs often space areas. Policv OSC 1.2: Encourage and facilitate the participation of individuals citizens, groups civic organizations and those hav- ing special needs such as the physically dis- ~- abled in the open-space Qlanning_process. Implementation: OSC. l.a. The City shall prepare an open space management plan in conjunction with the Capital Improvement Program. Responsible Agencv: Community De- ~° }• } ra a°a; sic~~s--Wiese-areas--sha~ll~rc~rd '"~-~e -- -- --r-- --; ..--- ux ~ °a S~Ai~: velopment/Public Works/City Council Funding Source: General Fund, De- velopment Fees Time Frame• TBD Related Policies: OSC 1,1,1.2 Goal OSC 2i To preserve the natural and rural/semi-rural character of Saratoga. Policy OSC 2.1: Ensure *'~~^• ~-'' }''° ~•~'~'~° that all development pro- - posals public and private are sensitive to the natural environment and the commu- nity's open space resources. Implementation: OSC.2.a. The_Cit~ shall continue fo use the • • • Saratoga General Plan 38 Revised Nov. 1, 2006At~~~ ~°+ ~~ manna • • Draft Open Space/Conservation Element design review process ensure that all devel- opment proposals are sensitive to the natural environment and consistent with the ru- ral/semi-rural character of the community. Responsible Agency: Communitv De- velopment/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 2,1 Parks and Outdoor Recreation Goal OSC 3: To provide and maintain narks and a variety of passive and active recrea- tional sites which are located, designed, and droved to serve the needs of the residents, the community, and the neighborhoods of Saratoga. Policy OSC 3.1: Ensure that existing and future parks and dedicated- open spaces re- main part of the public domain in perpetuity. Policy OSC 3.2: Preserve oven space and recreational resources provided on school sites and surplus school sites through joint use agreements, acquisition and/or land use controls. Policy OSC 3.3: Promote retention and dedication of land p~evidin$ which pro- vides room for a variety of passive and active recreational pursuits and offers important opportunities for the fulfill- ment of human and psychological needs, including• 1. Areas of outstanding scenic value. 2. Areas of historic and cultural value. 3. Accessible areas particularly suited for _parks and recreation purposes such as hiking, riding, biking, swimming, tennis, ball fields and more. 4. Areas providing access to and links _ ~ between maior recreation, cultural. and open space reservations, includ- ing trails, utility easements, banks of rivers and streams and scenic highway corridors. Areas with inherent qualities that humans find visually pleasing, beauti- ful, relaxing, stimulating or eniovable. Implementation: OSC. 3.a. The Citv shall continue to encour- age permanent dedication of easements and open space resources through the subdivision entitlement process. Responsible Agency: Communitv De- velopment/Public Works/City Council Funding Source: Development Fees Time Frame: Ongoing Policies: 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. Policy 4.1: Promote dedication of land for parks and recreational open space. OSC. 4.a. The Citv shall continue to encour- age permanent dedication of parks resources through the subdivision entitlement process. Responsible Agency: Communitv De- velopment/Public Works/City Council Funding Source: Development Fees Time Frame: Ongoing Policies• 4.1 OSC. 4.a. The City shall continue to utilize the Park In-lieu Fee Program to assist in the acquisition and maintenance of parks. Responsible Agency: Communitv De- velopment/Public Works/City Council Funding Source: Development Fees Time Frame: Ongoing Policies: 4.1 _ _ __ Saratoga General Plan 39 Revised Nov. 1, 2006„^~~°+ ~~ manna 1868 / Draft Open Space/Conservation Element \LIF ~t~ OR Trails and Oren Space Linkages Trails shall be designed to City specifica- tions require minimal rg adin~, and includ- Goal OSC 5: A -city-wide system of hiking, ink effective erosion control measures. bicyclinP and horseback riding. trails shall be provided within the community; v~~hich includes Policy OSC 5.7: The City shall regulate regional trail linkages with City, County, State, developments along desi~,nated trails in or- and regional arks and other publicly owned . der to .provide sufficient trail right-of--way open space lands. and ensure that development adjacent to the corridors does not detract from the scenic Policy.OSC 5.1: The City shall continue to and aesthetic qualities of the corridor. use the Parks and Trails Master Plan as a day-to-day guide for the development, main- Policy OSC 5.8: The City shall not acquire, tenance and financing of trails in Saratoga. plan or develop trail easements or public access easements along Wildcat Creek or Policy OSC 5.2: The City shall promote the Saratoga Creek across single or multi- acquisition of trails through purchase. dedi- family land uses as designated in the Sara- cation, or gift. toga General Plan abutting said creeks, or adiacent to said creeks between the center- Policy OSC 5.3: Trail planning, acquisition, line thereof and andsingle or multi-family development maintenance and management designated property This policy statement shall be coordinated among the various local ~ - -- -shall -apply to Saratoga Creek from Prospect and Count volunteer agencies as well as Avenue south to Tolerate Road, and to local re¢ional state and federal agencies Wildcat Creek from Quito Road south to the which provide trails or funding for trails. Villa Montalvo Arboretum property line; with the exc~tion of the section between: 1) . Policy OSC 5.4: Trails shall be established Carnelian Glen Drive and Douglass Lane, 2) along traditional routes. whenever feasible, Gardiner Park and Springhill Court, 3) consistent with the Parks and Trails Master Crestbrook Drive and Via Monte Drive, and Plan and in a manner that insures linkages 4) Via Real Drive as shown on the Trail to existing and proposed trails. System Map. Policy OSC 5.5: Trail development. patrol, Policy OSC 5.9: Whenever feasible, trails and maintenance responsibilities shall be shall be designed and develoQed to meet the coordinated with all entities involved in each accessibility needs of all segments of the trail segment. In most cases, development population. responsibilities shall be borne by the prop- erty owner with maintenance activities un- Policy OSC 5.10: Trails shall be designed dertaken by the City. with adequate ingress and a rg ess points to minimize the need for parking at trailheads. Policy OSC 5.6: Trails shall be located, de- Where parking is provided it shall be de- si~ned -and developed with sensitivity to the signed in a manner that is as unobtrusive as resources and environmental hazards of the possible: areas they traverse as well as their potential impacts on adiacent lands and private prop- erly including~otential impacts to private - property- -owners'- privacy.----and-security.~m p}e~ent~{ion~ -- Saratoga General. Plan 40 Revised Nov. 1, 2006 e, ,,,, ,~+ ~~ ~nr~ ,. • Draft Open Space/Conservation Element OSC. 5.a. The Citv shall update the Parks and Trails Master Plan on a periodic basis to ensure that it includes current information and continues to meet trail development Goals and Policies. Responsible Agency: Public Works/Trails and Pathway_Co_mmit- tee/City Council Funding Source: Development Fees Time Frame• TBD Ongoing Policies: 5.1, 5.3, 5.4, 5.6, 5.8, 5.9, 5.10 OSC. S.b. The City shall continue to require dedication of trails through the development and subdivision entitlement process. _ _ Responsible Agency: Community De- velopment/Public Works/City Council Funding Source: Development Fees Time Frame: Ongoing Policies: ~ 5.2, 5.4, 5.5, 5.7 OSC. 5.c. Continue to work with Santa Clara County and other agencies to support the implementation of the Skyline-to-the Sea trail. Resnonsible Agency: Community De- velopment/Public Works/City Council Funding Source: Development Fees Time Frame: Ongoing Policies• 5,4 Scenic Open Snace Resources Goal OSC 6: Preserve the hillside lands in their natural condition acid inherent natural beauty. Policy OSC 6.1: Through the Land Use Element and Zoning Ordinance, designate lands in the hillier portions of the Saratoga Planning Area for open space- mana eg d re_ source production, which allows very low- uses Policy OSC 6.2: Public use and enioyment of the unincorporated hillside areas for rec- reational purposes shall be encouraged through direct or indirect public land acqui- sition, encouraging both private and public recreational uses. Appropriate regulation of privately held lands to obtain maximum use of open space resources, such as the estab- lishment of trail and open space easements, should be consistent with conservation of the natural environment. Policy OSC 6.3: Future -land uses within the western hillside or any Sphere of Influence expansion area shall be reviewed by the City through the development review process to ensure consistency both with existing_pat- terns of land use in the unincorporated hill- side areas, -and with the City's desire to maintain -the area as predominantly open space and rural. Implementation: OSC.6.a. The City shall continue to use the design review and subdivision entitlement process to ensure that all development proposals are designed in a manner that meet goals and policies for preservation of hill- sides. Responsible Agency: Community De- velopment/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: 6.1, 6.2, 6.3 Goal OSC 7: Preserve and protect existin view sheds, view corridors, and scenic open spaces. Policy OSC 7.1: Future land use proposals within the western hillside area shall be re- viewed bYthe City through the development significant amount of open space. Saratoga General Plan 41 to ensure that improvements blend in with Revised Nov. 1, 2006 ° ~ ~^~ ~~+ ~~ ~ngb Draft Open Space/Conservation Element the natural environment. Criteria shall in- clude but not be limited to the use of unob- trusive colors, controlled grading, limited disruption of natural vegetation, use of structural height limits, and structural design and density guidelines. Special considera- tion should be given to the eventual devel- opment of a canopy effect of tree growth. Implementation: OSC.7.a. The City shall continue to use the design review and environmental review process to ensure development proposals in the hillsides are compatible with the natural environment. Responsible Agency: Community De- velopment/Planning Commission Funding Source: Development Fees Time Frame: Ongoing ' Related Policies: 7_1 Agricultural Resources Goal OSC 8: Encourage preservation of land uses for open space and agriculture. Policy OSC 8.1: In evaluating future land uses efforts shall be made to maintain agri- cultural lands as a component of open space and to preserve the rural and agricultural heritage of Saratoga. The City shall discour- age the cancellation of Williamson Act con- tracts. Policy OSC 8.2: Encourage land owners to enter into new Williamson Act Contracts. Implementation: OSC.8.a. The City shall continue to apply the Agricultural. Preserve Open Space Overlay District on lands that are under Williamson Act Contracts and generally discourage the -removal of this classification. ___ __ _ _ Responsible Agency: Community De- velopment Dept/Planning Commission Funding Source: N/A Time Frame: Ongoing Related Policies: OSC 8.1 OSC.8.b. The City inform its property owners through its Website and information handouts of the property tax reduction benefits of placing lands under Williamson Act contract for preservation of agriculture and open space lands. Responsible Agency: Community De- velopment Dept/Planning Commission Funding Source: 1V/A Time Frame: Ongoing Related Policies: OSC~8.2 Watershed Protection and Water Quality Goal OSC 9: Protect existing watercourses in the community and enhance water quali in surface and subsurface water sources. Policy OSC 9.1: Retain surface water- courses in their natural condition to the greatest extent possible. Policy OSC 9.2: Concentrate development in those portions of the communi least susceptible to soil erosion and minimize grading and the introduction of impervious surfaces. Where appropriate, consider the use of on-site detention or retention basins to minimize stormwater runoff from sites. Policy OSC 9.3: Implement land use con- trols to protect watershed lands on the upper elevations of hillsides. Implementation: OSC.9.a. The City shall coordinate review of development proiects adiacent to water- courses with the Santa Clara Valley Water District and-other-applicable-agencies. - • • • Saratoga General-Plan 42 Revised Nov. 1, 2006e,,,,,,~+ ~~ manna • Draft Open Space/Conservation Element Responsible Agency: Community De- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 9.1, OSC.9.b. The City shall ensure erosion control measures are required with each development protect as part of the develop- ment approval process. Responsible Agency: Community De- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 9.1, 9.2, 9.3 OSC.9.c. Amend the Zoning Ordinance and standard conditions of approval to require that all new developments are in compliance with stormwater pollution prevention best management practices.- Responsible Agency: Communit Development Department Funding Source: General Fund Time Frame: FY 2008-2009 Related Policies: OSC 9.1- 9.3 Water Supply Goal OSC 10: Maximize efficiencies in the use of the City's water supply. Policy OSC _ 10.1: Implement water conser- vation provisions of the San Jose Water Company's Urban Water Management Plan. OSC.lO.a. The Citv shall inform applicants of Responsible Agency: Community De- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 10.1 OSC.lO.b. The Citv shall require as part of conditions of development approval that native drought-tolerant vegetation be used in proposed landscaping, whenever feasible. Responsible_A~encv: CommunitvDe- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 10.1 Biological Resources Goal OSC 11: Protect and enhance sensitive vegetative and wildlife habitat in the Saratoga Planning area. Policy OSC 11.1: Minimize development that would encroach into important wildlife . habitats, limit or restrict normal range areas, or restrict access to water food or shelter. This includes limitation on installation. of barrier fencing in hillside areas. Policy OSC 11.2: Through the development and CEOA process, preserve, protect, and maintain riparian habitats and creek corri- dors. This includes requirin biological sur- ve~parcels of land that could contain sensitive species or their habitats prior to allowing development on these parcels. Policy OSC 11.3: The desien of parkins lots water conservation provisions and require that all new development proposals be in compliance with the water conservation --provisions-of-the-San Jose-Urban Water----- Management Plan. shall be evaluated for opportunities to re- duce large continuous expanses of asphalt and to promote the establishment of visually in e~fing an ass etically pleasing,,park_ ing lots. Saratoga General Plan 43 Revised Nov. 1, 2006°i~^~~°~ ~~ Anna Draft Open Space/Conservation Element Policv OSC 11.4: The City should provide 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. Policv OSC 11.5: Mature vegetation shall be preserved wherever possible. Implementation: OSC.ll.a. The City shall continue to utilize the design review and environmental review process for all development applications to ensure that projects are designed in a manner that minimizes disruption to important wildlife, riparian and plant habitats. Responsible Agency: Communitv De- velopment-Department/Planning-Gom- - - -- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 11.1, 11.2, 11.5 OSC.ll.b. The Citv shall continue to require that all proiects conform to the City's Tree Ordinance. Resnonsible Agency: Communitv De- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 11.3, 11.4,11.5 Arbor Resources Goal OSC 12: Support appropriate management for sustaining the health and increasing 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. Saratoga General Plan Policv OSC 12.1: Development projects should include the preservation of protected trees and other significant trees. Any ad- verse affect on the health and ]on~evity of native oak trees, protected or other signifi- cant trees should be avoided through appro- priate design measures and construction practices. When tree preservation is not fea- Bible individual development projects shall include appropriate tree replacement as ap- proved by the City. Policv OSC 12.2: Trees used for new or replacement plantings should be selected primarily for low water use characteristics. Policy 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 mans eg ment 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. Implementation: OSC.12.a. The Citv shall continue_to require that all development projects conform to the City's Tree Ordinance. The preservation of existing trees shall be ensured through the collection of security deposits. Resnonsible Agency: Communitv De- velopment Department/Planning Com- mission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 12.1, 2.2 OSC.12.b. The City shall prepare a Commu- nity Forest Master Plan. 44 Revised Nov. 1, 2006 n, ,,., ,~+ ~~ ~nn~ • r~ L • • Draft Open Space/Conservation Element Responsible Agency: Communitv De- velopment Department/Planning Com- mission. Funding Source: General Fund Time Frame: 2008-2010 Related Policies: OSC 12.1, 2.2 Goal OSC 13: T'he preservation of native and other plant species indicative of Saratoga's cultural heritage shall be i~~ven priori over development and provide for the perpetua- tion of such species. Policv OSC 13.1: To further preserve the citZ's inventory of arbor resources, the City should encourage owners to consider formal designation of heritage trees. t Cultural Resources Policy OSC 13.2: The city shall encourage public_.lrno-wledge,_understandin _ag nd_appre- ciation of the City's past and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources, particularly as it relates to the designation and preservation of heritage trees. This can be done by publiciz- ing information about heritage trees and the benefits of designation of heritage trees on the City's Website. Implementation: OSC.13.a. Continue to utilize the design review process, Historic Preservation Ordi- nance and Tree Ordinance to ensure preser- vation of significant arbor resources. Responsible Agency: Communitv De- velopment Department/Heritage Preser- vation Commission /Planning Commis- sion Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC.13.1, 13.2 Goal OSC 14: Through coordination with and i_plementation of other related General Plan Policies, encourage preservation of the City's heritage by providing for the protection of in-eplaceable historic and cultural resources representing significant elements of City and regional history. (Refer to Historic Character Land Use Element Policies and Implementation Pro am . Policv OSC 14.1: Support activities/events that highlight Saratoga's rich history as the "Valley of the Heart's Delight", such as the ~y Mustard Walk event at the Central Park or Heritage Orchard. Implementation: OSC.14.a. Update Historic Resources Inven- tory and Landmark List, and publish on the - City--Website -information- regarding incen- tives for preservation of heritage properties, such as the Mills Act Program. (See Land Use Element for additional related Implementation Measures) Responsible Agency: Communit Development Department/Heritage Pres- ervation Commission Funding Source: General Fund Time Frame: Ongoing Related Policies: OSC 14.1 Air Quality Goal OSC 15: Improve local and regional air quality by ensuring all development projects incornorate all feasible measures to reduce air pollutants. Policv OSC 15.1: Require development pro- jects to comply with Bay Area Air Ouality Management District (BAAOMD) meas- ures to reduce dust emissions due to ading and construction activities. _ Policy OS_C 15.2: Encourage use of trip demand measures as part of major commer- cial and office development projects to re- Saratoga General Plan 45 Revised Nov. 1, 2006e,,,,,,~+ ~~ manna Draft Open Space/Conservation Element duce dependence on auto use. Implementation: OSC 15.a. Include a condition of approval for all new development proiects that requires compliance with the BAAQMD dust emission reduction measures. Responsible Agency: Communitv De- velopment Dept/Planning Commission Funding Source: Development Fees Time Frame: FY 2007-2008 Related Policies: OSC 15.1, OSC 15.b. Work with applicants of all new maior commercial, office and mixed use p_roiects to include trip demand measures in their proiects. Responsible Agency: Communitv De- velopment Dept/Planning Commission Funding Source: General Plan Fund Time Frame: Development Fees Related Policies: OSC 15.1, Mineral Resources Goal OSC 16: Encourage conservation of significant natural resources that exist in the Saratoga Planning Area. (Existing Goal Policy 16.1: Mineral extraction in the Sara- toga Planning Area shall be regulated and supervised to minimize physical and visual damage to the existing environment (Existing Policy C0.21) Implementation: process and other applicable provisions of the City Municipal Code. Responsible Agency: Communitv De- velopment Dept/Planning Commission Funding Source: Development Fees Time Frame: Ongoing Related Policies: OSC 16.1 OSC 16.b. Work with Santa Clara County to assure that mining operations outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining activities are not extended into undisturbed lands without adequate documentation of economic purpose and environmental impacts and mitigations. Responsible Agency: Communitv De- velopment Dept/Planning Commission Funding Source: Development Fees • Time Frame: Ongoing Related Policies: OSC 16.1 OSC 16 a. Quarries within City limits shall comply with the State Mining And Reclama- tion Act (SMARA) requirements. Proposals for new quarries within city shall also be regulated through_ the City's use permit • Saratoga General Plan 46 Revised Nov. 1, 2006~g~ii-~, X40 ;: :~ `.I • - _•_ Draft Open Space/Conservation Element Saratoga General Plan OSCI-1 August 7, 2006 • • CITY OF SARATOGA PLANNING COMMISSION • AGENDA DATE: Wednesday, December 13, 2006 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruit`~ale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Joyce Hlava, Jill Hunter, Robert Kundtz, Susie Nagpal, Yan Zhao and Chair Linda Rodgers PLEDGE OF ALLEGIANCE: MI]vUTES: Draft Minutes from Regular Planning Commission Meeting of November 8, 2006 ORAL COnzn~'ICATION: 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 COMA'IUIVICATIONS- PLANNLNG COMMISSION DIRECTION TO STAFF: REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 7, 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. ApplicantslAppellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. APPLICATION #06-214 (503-24-034) Graff (Conoco Phillips/Tosco Marketing), 14395 Big Basin Way; -The applicant requests approval and a variance to construct an illuminated 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) This item is continued to a date uncertain. 2. APPLICATION #07-130 (389-34-014) Sigler/Haas,13641 Ronnie Way; The applicant requests modification of plans. Changes include constructing a full wall on the front facade of the existing covered porch. (Shweta Bhatt) The applicant has withdrawn this project. P:~PC Agendas~2006Wgn 121306.doc Zoning Text Amendment -The City of Saratoga Community Development Department is proposing text changes in Chapter 15 Zoning Regulations chapter of the City Code. The purpose of the text changes is to require projects on lots on protected waterways to incorporate Guidelines and Standards for Land Use Near Streams. These Guidelines were developed by the Santa Clara Valley Water Resources Protection Collaborative, a group of municipalities, agencies, and stakeholders within the Santa Clara Valley. (John Livingstone) This item is continued to a date uncertain. 4. APPLICATION #07-136 (386-10-049) Haas/Kato, 1777 Saratoga Avenue; The applicant requests modification of plans. Changes include the generator model and a different configuration for the sound barrier. (Shweta Bhatt) 5. APPLICATIOl~T #07-116 (517-08-079) Cinnabar Vineyards & Winery, 14612 "A" Big Basin Way; The applicant requests approval for a Conditional Use Permit to operate a retail shop (selling Cinnabar Vineyards wine and related retail products) with a tasting bar and fee based wine education seminars in the CH-2 zoning district within the Village. (Therese Schmidt) 6. APPLICATION #06-161 (503-24-027) Blue Rock Shoot Cafe, 14523 Big Basin Way; The applicant requests approval for Design Review to construct a major remodel to an existing structure and for a Conditional Use Permit to operate a restaurant in the CH-2 zoning district within the Village. (Therese Schmidt) DIRECTORS ITEM: - None COMMISSION ITEMS: - Chair requested a discussion on a joint study session schedule with the City Council for Dec. 20, 2006. COMA~IUNICATIONS - None ADJOURNMENT TO 1~TEXT MEETING - Wednesday, January 10, 2007 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 December 7, 2006 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City s website at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to planninQna,saratoga.ca.us • P:~PC Agendas~2006Wgn 121306.doc • ~. \ O ~~ MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, November 8, 2006 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Rodgers called the meeting to order at 7:00 p.m ROLL CALL Present: Commissioners Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao Absent: .Commissioner Cappello Staff: Director John Livingstone, Associate Planner Therese Schmidt, Assistant Planner Suzanne Thomas, Contract Planner Jerry Haag and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of October 25, 2006. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Hlava, the Planning Commission minutes of the regular meeting of October 25, 2006, were adopted with edits to pages 5,9,13, 15 and 20. (7-0) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 2, 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). • Saratoga Planning Commission Minutes for November 8, 2006 Page 2 CONSENT CALENDAR General Plan Consistency for the Santa Clara Valley Water District Capital Improvement Program (John Cherbone) Mr. John Livingstone, Community Development Director, advised that the Santa Clara Valley Water District requests the review by the City of Saratoga of its CIP Program to find it consistent with the City of Saratoga General -Plan. He explained that there are two projects within this CIP .that are located within the boundaries of Saratoga. He said that the Commission could elect to simply make the finding for consistency or ask for a presentation by staff. Commissioner Hunter said that she vvould like an explanation and more specifics on the creek project. Mr. John Cherbone, Public Works Director, presented the staff report as follows: • Said that there are no specific design plans as of yet. • Assured that SCVWD is very environmentally conscious these days. • Said that the project would likely include the removal of the Comer concrete- basin. ____• Added that the trend today_is to naturally restore flood protection and not to u_s_ a concrete like in the past. • Informed that the appropriate EIR process would be done in the future and that tonight's action is just to determine General Plan conformity. • Said that this project will probably-not occur until a couple of years down the road as this is along-term, multi-year CIP with projects -into 2011. Commissioner Hunter asked if there would be public hearings. Mr. John Cherbone said that they would be conducted through SCVWD. He said that the City of Saratoga is being asked to find these projects to be in conformance with the General Plan, as the SCVWD needs a resolution to that fact from this Planning Commission. Chair Rodgers opened the Public Hearing for the Consent Calendar Item. Ms. Trish Cypher: • Asked where in the General Plan this consistency can be found. Mr John Cherbone: • Listed Goals 3, 4, 5 and 16, Policy 1 and Implementation Measure 19 from the Open Space Element for the Calabazas Creek Flood Protection Project. • Added that there is nothing in the description of that project that goes against the General Plan. • Informed that the Bridge project is a roadway project that can be supported through the Circulation Element, Goal 2.OA and Implementation Measure 2.16. Saratoga Planning Commission Minutes for November 8, 2006 Page 3 • Reported that he has attached to the staff report the applicable pages from the General Plan. Ms. Trish Cypher pointed out that the Policy numbers might change with the General Plan Amendment. Chair Rodgers reminded that this SCVWD CIP consists of projects to be done over years. Chair Rodgers closed the Public Hearing for the Consent Calendar Item. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission adopted a Resolution making the findings that the Santa Clara Valley Water District's Capital Improvement Program is consistent with the City of Saratoga's General Plan, by the following roll call vote: AYES: Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 1 APPLICATION #07-004 (503-17-066) REYES, 21116 Comer Drive; -The applicant requests Design Review Approval to remodel asingle-story single-family residence. The remodel will consist of the addition of 460 square feet of floor area and the removal of a wall, .which faces the interior of the lot, to convert a garage space to a carport. With the proposed modifications, the total floor area of all buildings on the site will be 7,369 square feet. The maximum height of the proposed addition will not be higher than 19-feet, which is lower than the existing roof. The net lot size is 343,122 square-feet and the site is zoned H-R. (Suzanne Thomas) Assistant Planner Suzanne Thomas provided the staff report as follows: • Explained that this property is located in a Hillside Residential Zoning District. • Advised that the applicant is seeking approval for minor additions to a family room and office in an existing home as well as the conversion of the garage into a carport. • Said that this action requires Planning Commission approval because the structures on the property exceed 6,000 square feet and the height is in excess of 18 feet. • Reported that this home is isolated to neighbor views due to both topography as well as landscaping. • Distributed photographs and explained that the nearby homes are well below the level of the house or across the canyon. • Pointed out that this addition is at most anine-foot expansion in any one direction and that the roofline of the addition is lower than the existing roofline. The colors and materials will match the existing home. • Assured that there are no significant impacts to views. Saratoga Planning Commission Minutes for November 8, 2006 Page 4 • Said that the conversion of the garage into a carport will be accomplished by removing one interior wall. The exterior walls will remain so neighbors' views will not change. • Informed that the applicant-.contacted neighbors. Two additional letters were submitted - since the packets went out. Letters were provided to neighbors within 500 feet and no negative responses were received. • Stated that all General Plan and Design Review-findings can be made. Bulk has been minimized and there are no view impacts or tree impacts. • Recommended approval and advised that both the applicant and his architect are available this evening. Commissioner Hunter asked if the reason the garage door is being removed is to allow additional square footage to the home. Planner Suzanne Thomas said that one interior wall and the door would be removed. With that the garage/carport space no longer qualifies as floor area. They are swapping that square footage for the proposed additions to the house. She added that there is an overall reduction in the square footage by two square feet. Commissioner Hunter pointed out that the extension from the family room would be more visible from the valley floor. She asked if the same muted colors would be used. Planner Suzanne Thomas said that the addition would match-the existing home.- The family room extension is between 8.5 and 9 feet and the other room is extended out by four feet. Commissioner Kundtz said that the Comer neighbor responses are here but asked if the Chadwick property owners were also notified. Planner Suzanne Thomas said that there were no responses against this proposal. Commissioner Nagpal pointed out that the notification list included in the staff report includes Chadwick addresses. Chair Rodgers said that while the description says white. stucco, the house didn't look white on the site visit. Planner Suzanne Thomas provided the material board. Commissioner Hunter said that it would be concerning if the house color were too white due to reflecting impacts to the valley floor. Chair Rodgers opened the Public Hearing for Agenda Item No. 1. Mr. Mike Vierhus, Project Architect: • Described the colors as including a-base of sage green, windows of a muted green and the _ _ -onl_y white being columns -These columns are very pale limestone. Commissioner Hunter asked if the reflectivity would be low because it is stone. Saratoga Planning-Commission Minutes for November 8, 2006 Page 5 • Mr. Mike Vierhus replied yes. Chair Rodgers asked Mr. Mike Vierhus if staff had recommended the use of story poles. Mr. Mike Vierhus said that the issue was not discussed. Commissioner Nagpal asked whether new columns are going up as part of this addition. Mr. Mike Vierhus said yes. The columns would be located in a pavilion outside the living room. There are presently two columns and four are proposed facing the pool on the interior of the property. Chair_Rodgers closed the Public Hearing for Agenda Item No. 1. Commissioner Nagpal said that this is a fairly straightforward project with no impacts from this addition. She added that since the columns are only on the interior of the site they should be okay. Commissioner Zhao said that she could- make all findings. She added that there is no - - - -interference with views or privacy and that she is okay with this project. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the- Planning Commission adopted a Resolution granting Design Review Approval (Application #07-004) to remodel asingle-story- single-family. residence with a total floor area of all buildings on the. site totaling 7,369 square feet on property located 21116 Comer Drive, by the following roll call vote: AYES: Hlava, Hunter, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: None *** Chair Rodgers suggested that the remaining two items on this evening's agenda be heard in reverse order with Item No. 3 (11 Parcels -General Plan & Zoning Amendments) to be handled prior to Item No. 2 (Draft Land Use and Open Space/Conservation Elements of the Saratoga General Plan and Negative Declaration). *** PUBLIC HEARING -ITEM NO. 3 • APPLICATION #07-140 (517-12-020 - 022; 517-18-018; 517-19-082 - 085; 517-20-016; 517-20-021; -and 517-22-004): General Plan and .Zoning Amendment to correct inconsistencies between the City's General Plan and Zoning Ordinance on eleven (11) Saratoga Planning Commission Minutes for November 8, 2006 Page 6 ap rcels. The proposed project includes amending the General Plan designation of eight (8) parcels from RLD to RVLD and amending the zoning designation of three (3) parcels from R1 - 40,000 to R1- 20,000. (Therese Schmidt) Associate Planner Therese Schmidt presented the staff report as follows: • Reported that this- is aCity-initiated action to correct inconsistencies between the Zoning Ordinance and the General Plan for 11 parcels. • Explained that the General Plan is mandated by State Law and requires consistency. • Said that the 11 parcels are currently designated as Residential Low Density (RLD). For that GP designation, the corresponding Zoning should be R-1-20,000. • Stated that the actual Zoning is currently R-1-40,000. However, with this Zoning designation, the minimum parcel size must be 40,000 square feet and the General Plan designation of RLD requires a minimum lot size of 20,000 square feet. • Informed that when there is inconsistency, the General Plan designation must rule and parcels could be subdivided. There is the potential that 11 parcels could be split with this inconsistency. • Said that the intent with this amendment is to bring everyone in line so that the Zoning and General Plan designations for these 11 parcels match. • Explained that the staff proposes to rezone three parcels from R-1-40,000 to R-1-20,000. This prevents these lots from being subdivided any further. • Added that staff is also proposing that the remaining eight parcels have a General Plan Amendment to Residential Very Low Density. • Said that one parcel on Vickery Lane is proposed to be left non-conforming at R-1-40,000. • Stated that this amendment is exempt from CEQA (California Environmental Quality Act) as it is not creating new lots or increasing density. • Added that the Initial Study. prepared for the General Plan found no impacts with this proposed amendment. Commissioner Hunter advised that she had received four notices for this amendment and wondered if she is compelled to recuse herself. City Attorney Jonathan Wittwer explained that if this Zoning Code amendment affects her any more than the general public she would need to recuse herself. If not, there is no reason to recuse from participation. Commissioner Hunter replied that there is no specific impact to her property. Planner Therese Schmidt advised that there have been several calls from neighbors and property owners but no concerns or problems -were raised. One email was received from a Hill Avenue property owner who is not in favor of the General Plan amendment to his property, as he prefers to retain the existing RLD designation with R-1-20,000 Zoning to allow for potential subdivision. Commissioner Zhao asked how this inconsistency. was created and which- designation was -- -~ created-first. -- - • Saratoga Planning Commission Minutes for November 8, 2006 Page 7 Planner Therese Schmidt said she must defer this question to the Director. Director John Livingstone advised that he does not have that history. Commissioner Zhao asked of the three Lomita properties were the result of a subdivision: Planner Therese Schmidt said she does not have that history. Commissioner Hunter said that these are all older homes, some of which are historical from about 1900. The discrepancies are simply the result of carelessness or inadvertent mistakes. Chair Rodgers recounted that the previous Community Development Director was looking at maps one day and noticed that they didn't match. Commissioner Hlava reminded that much of this likely occurred before .computers when General Plan maps were hand drawn. Lots of times things just didn't get caught. Commissioner Nagpal asked about this item being exempt from CEQA while a Negative Declaration was prepared for the next item on tonight's agenda. Planner Therese Schmidt reminded that the Negative Declaration was prepared for the General Plan Amendment. This application was going to be a part of the overall General Plan Update but staff realized there were three straggling parcels that didn't need a General Plan Amendment but rather Zoning Amendment to make the inconsistency go away. Commissioner Nagpal asked if a vote on the Negative Declaration would occur in relation to these 11 parcels. Planner Therese Schmidt replied only the portion of that Negative Declaration that pertains to this application.. Chair Rodgers clarified that eight parcels would receive a General Plan Amendment and not the three that need re-zoning. Planner Therese Schmidt replied correct. Commissioner Hunter reminded that the process had been expedited due to concerns over the possibility of Proposition 90 passing in this recent election. Proposition 90 did not pass so the need for quick action is now a moot point. Commissioner Nagpal asked how large the house is on the Hill property Planner Therese Schmidt said she is not sure how large that home is. She said that the parcel is over 40,000 square feet and so it could be subdivided. Commissioner Zhao reminded that the General Plan designation takes precedence over the Zoning designation when they are inconsistent. Saratoga Planning Commission Minutes for November 8, 2006 Page 8 Chair Rodgers asked for clarification that one amendment would handle all 11 parcels. Planner Therese Schmidt replied correct. Chair Rodgers pointed out that one letter received mentioned lack of due process. She asked whether this evening's hearing is what constitutes due process. City Attorney Jonathan Wittwer said that this public hearing is part of the due process. The Planning Commission will forward its recommendation on to Council. Another noticed public hearing would be conducted by Council, which offers the .public another opportunity to be heard. Commissioner Nagpal asked if the owner of the Hill property sent the email. Planner Therese Schmidt replied yes. Chair Rodgers opened the Public Hearing for Agenda Item No. 3. Ms. Trish Cypher: • Said that she appreciates the ability to address this Commission on this issue. • Explained-that she was on the Land Use Element Update Task Force Committee. • Stressed the importance in recognizing that this item is just the 11 parcels and not the entire General Plan Land Use Element update. Ms. Cheriel Jensen: • Stated that she is in favor of this amendment. • Pointed out that a General Plan Amendment was processed with the North Campus was changed back. • Asked how many General Plan Amendments the City can have. Chair Rodgers replied that the City is allowed four per year. Planner Therese Schmidt said that that is four per calendar year. There has been just one so far this year. Ms. Cheriel Jensen reiterated that she is in favor of this amendment but is concerned about the inclusion of the Negative Declaration information with this item. Mr. Jerry Bruce, representative of the Saratoga Federated Church, said that there are potential corrections to the mapping. Chair Rodgers apologized for the confusion- caused with Items 2 and 3 being handled in reverse order this evening and explained that Mr. Jerry Bruce's issues need to be raised with-the-next hear-ing-item. ----- --- - - Chair Rodgers closed the Public Hearing for Agenda Item No. 3. Saratoga Planning Commission Minutes for November 8, 2006 Page 9 Chair Rodgers asked about the inclusion of the Negative Declaration. Planner Therese Schmidt: • Explained that it is in the packet and is part of the application only as it pertains to this General Plan Amendment for the eight parcels. The remaining- three parcels to undergo a Zoning Amendment are Categorically Exempt under CEQA. • Said that the Negative Declaration is an available resource -and that the Planning Commission can forward a recommendation to Council to approve that portion that pertains and it can stand alone. Not the entire Negative Declaration will be approved as part of this action. Commissioner Nagpal asked if the entire Negative .Declaration would be forwarded to Council with this General Plan Amendment. Planner Therese Schmidt said she would defer to the Director on this. Commissioner Nagpal asked if that is possible to only apply a portion of the Negative Declaration to this amendment. --^Director~John-Livingstone explained that when-the-General Plan process-was split into three components (Land Use Element, Open .Space/Conservation and General Plan/Zoning Map Amendments), the City Attorney advised that staff could continue to use the same environmental document for each phase. When approved, any one of three phases can be based upon only the portion of the Negative Declaration that- applies. City Attorney Jonathan .Wittwer said- that when the evaluation was done for the Negative Declaration the entire Land Use Element was looked ~ at. He added- that there was a concern in using only a subset of this document instead of the entire document. He said that the Negative Declaration is only to apply to the 8 of 11 parcels that will receive a General Plan Amendment. There is language that clarifies this in the title as well as in the "be it further resolved" language. Chair Rodgers said or it could also be added as another "whereas" statement. Commissioner Nagpal asked if the Negative Declaration would be attached as an exhibit. City Attorney Jonathan Wittwer replied yes. Commissioner Nagpal said that she would like to know which sections specifically relate to .these parcels. City Attorney Jonathan Wittwer pointed to Table 1 that identifies these eight parcels. He _ added that the Planning Commission could elect to recommend that Council split the Negative Declaration but the document is prefty-intermingled. ----- _ ~- Chair Rodgers asked how the eight parcels would be tied to the Negative Declaration. Saratoga Planning Commission Minutes for November 8, 2006 Page 10 City Attorney Jonathan Wittwer said that they are already referenced in the title and that the Negative Declaration is only for eight parcels that will be listed. . Chair Rodgers asked for specific language. City Attorney Jonathan Wittwer suggested the- text as follows, "be it further resolved that the Planning Commission hereby recommends that the City Council adopt the Negative Declaration dated August 23, 2006, and attached hereto as Exhibit A, fora General Plan Amendment to redesignate from RLD (Residential Low Density) fo RVLD (Residential Very Low Density) the .eight parcels identified as 20152 Hill Avenue; 20161 Hill Avenue; 20170 Bonnie Brae; -28010 Audrey Smith Lane; 28020 Audrey Smith Lane; 28021 Audrey Smith Lane; 28011 Audrey Smith Lane; and 14931 Vickery Avenue." Commissioner Nagpal asked what about the Negative Declaration itself. Does it warrant a change? City Attorney Jonathan Wittwer said that an attempt could be made to pull the document apart. He added that there are no impacts as far as the eight parcels are concerned. It could be determined that no Negative Declaration is needed for these eight parcels and simply designate them as Categorically Exempt. Commissioner Nagpal asked the City Attorney if he is recommending that action instead of adoption of the Negative Declaration for the eight parcels.- City Attorney Jonathan Wittwer said that the Negative Declaration was prepared to cover this as well. However, if the Planning Commission feels there is confusion, the clean and easy way is to find this General Plan Amendment to be Categorically Exempt. Commissioner Hlava asked if the eight parcels should be designated as Categorically Exempt. City Attorney -Jonathan Wittwer said that the Commission could elect to make that recommendation to Council. Commissioner Hlava pointed out that there is no change to density. City Attorney Jonathan Wittwer said that this simply. represents a minor amendment to Land Use regulations. Chair Rodgers asked the City Attorney if it is safer to use the Negative Declaration. Commissioner Nagpal asked what the Attorney's recommendation is for this. item. City Attorney Jonathan Wittwer said that once it has been prepared, it is probably better to stay with the Negative Declaration and have the Categorical Exemption as more of a Saratoga Planning Commission Minutes for November 8, 2006 Page 11 fallback position.- The motion can say either the Negative Declaration or Categorical Exemption is appropriate. Commissioner Kundtz supported using the Negative Declaration. Commissioner Nagpal pointed out that the Commission has not evaluated the Negative Declaration yet but will with the next agenda item. Commissioner Hlava said that she is not comfortable since the Negative Declaration is a large document that is an all or nothing deal. She said this would be better handled with a Categorical Exemption. City Attorney Jonathan VVittwer again recommended the use of this environmental documentation. Commissioner Nagpal pointed out that a Negative Declaration is better than a Categorical Exemption much like an EIR is better than a Negative Declaration. Chair. Rodgers said that as applied fo these eight parcels, she has no problem with either the Negative Declaration or the Categorical Exemption although the Negative Declaration is stronger: Commissioner Hlava said that the use of this Negative Declaration doesn't seem clear for the record but will defer to the City Attorney's recommendation. Commissioner Nagpal said that if the City Attorney recommends this, she is fine with the added text provided by him. She added that she wanted to be on the record that this Negative Declaration is currently only to be applied to these eight parcels undergoing a General Plan designation change from RLD to RVLD. Commissioner Hlava reminded that there is one letter from someone who doesn't want this amendment for his property. Staff's recommendation is that. the better way to go is with three parcels receiving a Zone Change and eight parcels receiving a change in General Plan designation to create consistency for all 11 parcels. Chair Rodgers re-opened the Public Hearing for Agenda Item No. 3. Mr. Mark Weisler, Owner of one of the Hill Avenue properties under consideration this evening, pointed out that there are other 20,000 square foot lots located near his. Commissioner Nagpal asked Mr. Mark Weisler if his is a flat lot. Mr. Mark Weisler said that there is a gentle slope of less than 10 percent. He added that his home is approximately 2,400 square feet. Chair Rodgers re-closed the Public Hearing for Agenda Item No. 3. Saratoga .Planning Commission Minutes for November 8, 2006 Page 12 Chair Rodgers advised that three resolutions would be required. The first is the recommendation of a Negative Declaration for the eight parcels, as amended- by the City Attorney. City Attorney Jonathan Wittwer suggested addition additional text, "Be it further resolved that the circumstances of the General Plan Amendment would -allow a Categorical Exemption as well." Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, the Planning Commission adopted a Resolution, as amended by the City Attorney, recommending the adoption of a Negative Declaration .for a General Plan Amendment (Application #07-140) from RLD (Residential Low Density) to RVLD (Residential Very Low Density)for eight parcels identified as 20152 Hill Avenue; 20161 Hill Avenue; 20170 Bonnie Brae; 28010 Audrey Smith Lane; 28020 Audrey Smith Lane; 28021 Audrey Smith Lane; 28011 Audrey Smith Lane; and 14931 Vickery Avenue, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: Hunter Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission adopted a Resolution recommending approval of a General Plan Amendment (Application #07-140) from RLD (Residential Low Density) to RVLD (Residential Very Low Density for eight parcels identified as 20152 Hill Avenue; 20161 Hill Avenue; 20170 Bonnie Brae; 28010 Audrey Smith Lane; 28020 Audrey Smith Lane; 28021 Audrey Smith Lane; 28011 Audrey Smith Lane; and 14931 Vickery Avenue, to reach conformity with the Zoning designation, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers and Zhao- - NOES: None ABSENT: Cappello ABSTAIN: Hunter Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission adopted a Resolution recommending- Zoning Map Amendments (Application #07-140) on three parcels located on _ _ _ Lomita Avenue from R-1-40,000 to R-1-20,000 to achieve consistency with the assigned General Plan designation, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: Hunter __ _ __ __ ____ Saratoga Planning Commission Minutes for November 8, 2006 Page 13 *** PUBLIC HEARING -ITEM NO.2 APPLICATION #07-082 -(City Wide) Draft Land Use and Open Space/Conservation Elements of the Saratoga General Plan and Negative Declaration: The proposed project includes an update of the City's Land Use and Open Space/Conservation Elements of the Saratoga General Plan and Negative Declaration. 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. Mr. Jerry Heddick, Consulting Planner, presented the staff report as follows: • Explained that his associate, Deborah Ungo-McCormick, had a family emergency and is unable to be here this evening. • Reminded that three Planning Commission workshops have been held on the Land Use Element and the Open Space/Conservation Element updates. • Pointed out that the current Land Use Element is approximately 20 years old; the current Open Space Element is approximately 10 years old; and the current Conservation Element is currently approximately 20 years old. • ~ Informed that the State Attorney General's Office requires that a City's General Plan be consistent`with State Law. • Added that while over the years staff has attempted updates, they did not come to fruition. • Explained that about a year ago the City issued an RFP .(Request -for Proposals) to prepare a technical update of-the elements and his firm was retained. • Advised that the direction received from the City was to update current elements and provide a legally defensible and readable General Plan. • Said that since some elements are 20 .years old, it was necessary to upgrade them and make them more user friendly for the public. • Stated that he is recommending the certification of the Negative Declaration and that the Commission forward a recommendation that Council rescind the existing Elements (Land Use, Open Space and Conservation) and adopt two draft elements that are being considered this evening (Land Use and Open Space/Conservation). • Said that he understands that the Planning Commission may not conclude its deliberations. this evening but rather may continue to other hearings. • Pointed out that there has been quite a bit of review, consideration and public comments on the draft elements. • Said that this evening the Commission is looking at a revised Land Use Element dated November 1, 2006, that was updated since the last Study Session. • Assured that the consultants have attempted to follow the direction of the Planning -Commission and the public and the information provided this evening compares the existing elements to what is being proposed. • Pointed to the cover sheet dated November 1, 2006. • Described .the structure of the material. Normal .text is existing text from the current element. Strikethrough text is proposed to be removed from the existing element. ---Underlined normal-text-that is-not-bolded-is-proposed-new tex#-that-was--in the previous draft (dated August 25, 2006). Bold and underlined text is new wording that has been Saratoga Planning Commission Minutes for November 8, 2006 Page 14 added to the element to address public comment and concerns raised at the various workshops. • Stated .that they have attempted to consider comments raised and put wording as appropriate in the latest draft. • Said that a sample matrix provides a list of key -topic issues, direction provided and responses to that direction. • Reminded that the redesignation of the Abrams parcel is no longer being considered as part of this amendment. It is off the table. • Said that they have attempted to make sure that all Measures and Initiatives -that have been adopted over the years are captured (see page 6) including Measure A, the Stadium Initiative and others. Policies included refer back to those. • Added that page 6 of the November 1St document includes bold and underlined text that represents Initiatives. • Discussed the CR Commercial Zone and building heights allowed. • Explained that the Downtown Specific Plan has rules for heights in the CH-1 Zone (35 feet maximum with two-stories facing Big Basin Way and three-stories facing the creek.) In the CH-2 Zone the maximum allowed height is 26 feet at two-stories. This is already included in the Downtown Specific Plan. This plan has the voice of law. Said that language has been added to page 13 to this effect. • Said that in the PA Zone concerns were .raised about the types of allowed uses including . __. small schools.__Page_13_now_include-s_small_schools. _ ____ _ _ _ _ . ___ _ -_ _ . • Reminded that the General Plan is supposed to be a general document offering general guidance, direction of the City and mission statements. It doesn't include specific implementation. That is a Zoning Code function. • Discussed Gateway landscaping status and reminded that the Gateway Improvement Master Plan was adopted in 2003. It has a nebulous status in terms of law as it is not a Specific Plan or a .Zoning Ordinance but rather it's a policy document that is intended to guide. A reference to this plan has been added on pages 7 and 22 with a new Policy that reads, "Development within the gateway does need to comply with the Gateway Improvement Master Plan." - • Said that the intent was to get rid of the OS-NR (Open Space-Natural Resources) designation as it is cumbersome to keep this in the General Plan. • Said that the logging operations, and quarries are under other jurisdictions including the Department of Forestry for logging. This is not a high priority as there are. no quarries operating in the City's sphere of influence and no logging. • Discussed PUC (Public Use Corridor) designation and explained that. the direction was to delete this land use designation as it only applied to two parcels that include the railroad corridor. Said that the recommendation regarding this PUC designation is applied on page 15. • Explained the structure of the draft Land Use Element. The November 1st draft has replaced the term strategies with policies (pages 25 to 33). Implementation measures have been woven through the various goals and policies and there is no longer a separate implementation section. The proposed goals and policies were previously called strategies. -: ---Discussed-the statues of-bed and -breakfast inns Policy-LU 2.3 allowed bed and breakfast inns through a Use Permit process in residential and commercial zoning districts but they Saratoga Planning Commission Minutes for November 8, 2006 Page 15 are currently not allowed in the Residential District Zoning Ordinance. Such Use Permits come before the Planning Commission for action. • Discussed Land Use Policy 5.2 -Neighborhood Protection (page 27) with text amended to read that "impacts can be f~ mitigated." • Said that existing Goal 9 "preserves the rural nature of the hills by limiting incompatible development" (page 29). A newly recommended mitigation- measure added "ensures protection of hillside ares..." (page 30). • Said that page 31 mandates that in the Design Review of historic sites, the. Heritage Preservation Commission and Planning Commission shall review as required. • Added language to Land Use Policy 13.2 to read, "... shall adhere to applicable adopted . Design Guidelines..." • Said that Air Quality concerns-were raised about feasible mitigation measures. The question was, who decides what is feasible. The language has been revised to read "best management practices." • -Said that Policy 15.3 has been added to discourage use of wood burning fireplaces by limiting them to one per residence including. outdoor and patio fireplaces. • Said that this list concludes the proposed changes to the Land Use Element since November 1, 2006. Commissioner Hlava expressed appreciation for the inclusion of so many comments from the Study Session. She asked if the PG&E easements are also PUC zoned. Mr. Jerry Haag said that this is an excellent recommendation since they generally preclude other uses. He said that could be looked at for inclusion on the Land Use map. Commissioner Hlava suggested taking residential zoning out of consideration for bed and breakfast inns. The old General Plan states they are allowed in commercial and residential zones with a Use Permit. Commissioner Hunter said that the maximum 35-foot height in the Village should only be facing the creek. Chair Rodgers pointed to page 18, Table LU-1 and said that with the land use categories the allowed density for CR seems high. Mr. Jerry Haag said he would check this. Chair Rodgers asked if wood-burning fireplaces would be limited to one per lot or one per structure. Mr. Jerry Haag said one per lot. Commissioner Nagpal asked if that includes outdoor wood burning units as well. Mr. Jerry Haag replied yes. Chair Rodgers opened the Public Hearing for Agenda Item No. 2. Saratoga Planning Commission Minutes for November 8, 2006 Page 16 Ms. Trish Cypher: • Urged the Planning Commission to please not adopt this amendment "as is before you." • Reminded that she was appointed to the Land Use Element Update Task Force in 2004. The Task Force was put on hiatus until a consultant was selected. The Task Force met with the consultant just one time. • Advised that the Task Force advised Council that it would not sign off on the draft. • Said that 1983 was the last General Plan Update and that they are required. every 10 years. • Reported that she called the State Office of Planning and Research today and spoke with someone for one hour about the General Plan. She was told that former Director Tom Sullivan sent a letter in 2001 stating that Saratoga was to begin a comprehensive update to the General Plan. • Added that Saratoga is but one of 300 cities with an outdated General Plan. There is no urgency this evening. In fact, Saratoga will not be off this list until it has done a complete update to the General Plan that includes the Safety and Noise Elements. The Housing Element will need to be updated in 2007, as it is due every five years. • Reiterated that per her conversation with the State staff, there is no immediate urgency. • Added that the State would like a letter from the City giving- them an update of our progress on the General Plan. Staff should prepare and send this letter. • Agreed that it is important to update these elements but it is not a good approach without public input although there have been three Study Sessions and tonight's public hearing. • Suggested the appointment of a General Plan Update Committee to oversee this and • future updates to the General Plan. • Presented a map that outlines the City of Saratoga's Area Plans. . Ms. Maureen Hill: • Stated that she hopes that the Planning Commission stops this process on the most important document that the City undertakes. It should not be undertaken lightly or without significant public input into the entire process. • Said that the General Plan outlines development, growth and economic development of the entire city and that the Land Use Element lays out the framework for .the other elements that will follow. • Said that State law requires an update but encourages the .establishment of a steering committee made up of a broad base of community members to develop buy-in from everyone in the community. Without that input, the General Plan may or may not provide vision as a whole. • Added .that this update should not be done in a vacuum with just staff and the consultant although she is not critical of staff. • Informed that she never got the November 1St update so she can't comment specifically on that draft. • Recommended the suspension of this process and taking a step back. • Reiterated that there is no urgency with the State. They just want to know that the City is ___working.toward this update. Ms. Cheriel Jensen: Saratoga Planning Commission Minutes for November 8, 2006 Page 17 • Reported that she went to the Planning Office today for the material and got two big packets of information. However, there was no staff report attached. • Added that she was supposed to have received a staff report by email and did not. • Expressed concern about the proposed change in designation-for the Heritage Orchard and pointed out that the Abrams property is still included in the document. • Stated that the City is legally required to have policies and implementation measures. • Stressed that more information is needed. Chair Rodgers suggested that Ms. Jensen be provided with updated information and then come back before the Commission with further comment later in this hearing. Commissioner Nagpal left the dais to assist Ms. Jensen. Commissioner Hunter suggested taking a break until Commissioner Nagpal returns from assisting Ms. Jensen in the lobby. Chair Rodgers called for a short recess. Chair Rodgers reconvened the meeting approximately five to ten minutes later.. -Mr.~ Jerry -Bruce:-- - - - - -- --- - -- -- - -- _ ~_ -- - - • Reminded that he is representing Saratoga Federated Church. i Said that page 18 of the report changes designations and that there are a couple of others not marked for the same change that should perhaps be so identified. • Added that Saratoga Federated has no concern about this proposed change for its property. Mr. Jerry Haag said that he would change the map accordingly using Mr. Bruce's exhibit. Ms. Cynthia Barry: • Stated that she is addressing this Commission as an individual rather than as the Co-Chair of the. Land Use Element Update Task Force. • Extended a big thank you for the consultant's run through and to the Planning Commission and staff for the process so far. • Said that this. public hearing this evening is for public input and everyone is doing a good job, going slowly and getting input before going forward. • Stressed that this is not an adversarial process. • Encouraged that this update not be forwarded on to~Council just yet. - • Said she wanted to discuss a couple of specifics. One is that she thinks that the 100 percent coverage allowance in the Village should be taken out. Another is that on the issue of bed and breakfast inns, the General Plan should be made consistent with the Zoning. • Said that adding Measure A and the Stadium Initiative language was well done. •--Explained-tha# she-had explored-#fie-Hillsborough-and-L-os~4ltos-Hills-Geiseral-P--laps on-line and found language that calls for the "preservation and enhancement of the unique character of their town." This language is preferred to what is in the current Saratoga draft. Saratoga Planning Commission Minutes for November 8, 2006 Page 18 • Said that her other recommendations can be passed along directly to staff. Commissioner Hunter suggested offering Ms. Barry more time to speak and asked Ms. Barry to provide the rest of her comments directly to the Commission this evening. Ms. Cynthia Barry: • Reminded that the pumpkin patch change was taken out on the basis of citizen input, which demonstrates the value of such input. • Expressed agreement with Trish Cypher and Maureen- Hill about what the process should look like. Mr. Gene Zambetti: • Thanked the Commission for its time. • Seconded the comments made by Saratoga Federated Church. . Explained that allowing bed and breakfast inns in residential zoning was intended for the older parts of the City. • Stated that Oak Street is the place for bed -and breakfast inns. The City didn't want them outside the Village but rather within the historic context of the Village. • Said that the height limitation is only for the creek-side of the Village up to 35 feet. • Stated that he is requesting that the allowance for three stories not be jeopardized on this -- -side.-- -- - - - - --- -- ---- -- • Asked if there is any difference on the attitudes on annexation between then and now. • Commissioner Hlava-said she was on the Council when a Julia Morgan house was proposed for conversion into a bed and breakfast inn. There was no opportunity to do that with the current Zoning and concerns had been raised about neighborhood impacts including parking. Commissioner Hunter- agreed that there were three proposed bread and breakfast inn areas including Saratoga-Sunnyvale Road, Brookdale and Oak Street. Commissioner Hlava cautioned that she did not believe that the 100 percent coverage in the Village is new or even a change. Chair Rodgers said that she had thought it had been changed. Commissioner Hunter asked Mr. Gene Zambetti if he would like to see the three-story height allowance extend past 4~h Street. Mr. Gene Zambetti replied yes, he would like to see .increased height allowed as you continued on downhill. Commissioner Hunter asked what the slope is in that area. Mr. Gene Zambetti said that it exceeds 20 percent at certain points. - ---- - -- Saratoga Planning Commission Minutes for November 8, 2006 Page 19 Mr. Jeff Johnson asked for verification that the Abrams property rezoning has been tabled and is not under consideration with this update. He asked what the current status is for that property. Mr. Jerry Haag said that the Abrams property is off the table and not part of this update. Mr. Jeff Johnson asked if he could receive further communications on the status of the Abrams parcel when it comes up again. Mr. Jerry Haag replied yes. Mr. Jeff Johnson asked for the time frame for the rest of this update. Chair Rodgers explained that the Commission is trying to do the rest without including the Abrams property. Commissioner Nagpal asked staff if the Abrams parcel's surrounding properties were notified of this hearing. Director John Livingstone replied no, staff did not want to alarm them since the Abrams property was -no-longer-under-consideration as-part-of -this process. He added that 5,000 notices were mailed for this meeting. Ms. Cheriel Jensen: • Returned. to the dais after reviewing the more updated staff report and draft update. • Reported that the copy she had picked up at City Hall today was not complete. • Said. that she has since looked at the maps and finds odd little pieces that have not been changed that were supposed to have been changed. • Stated that this is frustrating to her. • Pointed out that in the November 8th-staff report the Abrams property is still included on the map and that the Saratoga Federated Church is marked as going to retail. • Said that in the Countythey had the PUC designation in their plan and the City might want to think about that. • Stated that what was noticed and what is in the documentation is different.. Commissioner Hunter asked what is next. Ms. Cheriel Jensen said that she will have suggestions to add to policies and would like the chance to do so. Ms. Trish Cypher said that her map display includes the areas covered by the City's 12 Area Plans. She urged -that the revision of these Area Plans be added to the scope of work for this update. Commissioner Nagpal asked if there are lead folks identified for all 12 Area Plans. Ms. Trish Cypher replied yes. Saratoga Planning Commission Minutes for November 8, 2006 Page 20 Commissioner Hunter advised that about 1.5 years ago she went on a bus tour lasting several hours around the City with this Task Force. Commissioner Kundtz asked Ms. Trish Cypher if she can identify what Area Plan pertains to his particular neighborhood. Ms. Trish Cypher suggested that he email her and she will identify it for him. Chair Rodgers closed the Public Hearing for Agenda Item No. 2. Chair Rodgers pointed out that the Abrams property is still shown as going from PA to CR. Mr. Jerry Haag explained that the Initial Study was prepared several months ago while the Abrams property was still included in the update. He said that staff is recommending that if this Negative Declaration -moves forward, corrections and/or amendments will be made and provided to Council.. It is difficult to change it now. since it has undergone a public review period. Changes can occur during- the adoption process. Commissioner Hlava asked if staff could ask the consultants to start work on that now and start a list so the Commission can have it at the next public hearing. Mr. Jerry Haag replied if that is the direction of the Planning Commission: Chair Rodgers advised that an article in the Saratoga News mentioned that this Commission had taken a vote to keep semi-rural but she wanted to clarify for the record that the Planning Commission has not yet taken a vote to date. Commissioner Hlava: • Advised that she is not feeling comfortable moving ahead with referring this to Council right now. • Suggested that she would like to go back into a Study Session to be able to review the materials and say specifically what the Commission wants. • Cautioned that things that the Commission is not even considering can upset people. • Said that all comments have been heard including from Task Force Members. • Reminded that the City Council has asked the Planning Commission to work on this and it is incumbent on the Commission to move ahead with a continuance to a Study Session. • Added that there is some urgency since there is a paid consultant so the process needs to go forward and move ahead. Chair Rodgers pointed out that the recommendation from- many members of the public is to not go ahead. Commissioner Kundtz pointed out that many comments have already been incorporated into - ---the-document and--that that another Study Session needs to be a working session where the Commission rolls up their sleeves and goes through this document item by item. After that step, public comments can again be solicited. Saratoga Planning- Commission Minutes for November 8, 2006 Page 21 Commissioner Hunter: • Stated that since this is her last meeting as a Commissioner and she will be sitting on another body that will work on this soon, she will not speak further. • Expressed her admiration for the ability of this Commission and thanked them. • Said that Commissioner Cappello has been very vocal on wanting to hear from the public but this environment with the podium and stage and restricting speakers to three minutes is not the best forum. Chair Rodgers reminded that thus far more than seven hours has been spent around the table during Study Sessions. Commissioner Zhao said that she is here for public comment and input but is not ready to vote on this matter. She too would like another Study Session followed by another public hearing when all documents are ready with what this Commission wants to present. This is big. Chair Rodgers said that it could be conducted as a working session as long as time is allowed for public input. Commissioner Nagpal: • Stated that it is surprising that so few people came to this hearing as a result of 5,000 notices being sent out. • Suggested that. any draft get mailed out way in advance of the Study Session to allow review even if it prolongs the process by two to-three weeks. • Said that this next- Study Session should deal with the Commission's thoughts while allowing public input too. • Recommended that the proposal -for Area Plan Updates also be continued, including whether they should occur before or after the General Plan Update. Chair Rodgers said that there might be budgetary considerations. Commissioner Hunter pointed out that many people she knows received multiple notices of this hearing. Some people were concerned by the duplicate mailings with .39 each in postage. Director John Livingstone explained that specific notices were mailed for each item under consideration. He suggested that perhaps one blanket notice might work better in the future. Commissioner Hunter suggested they be tied together into one notice. Chair Rodgers agreed that it would be beneficial to sit at a table and talk. Commissioner Nagpal suggested compiling a list of items including the review of the General Plan designations for the Post Office and Fire District Properties. Commissioner Na al said gp she wants to hear more about the PF designation for the Heritage Orchard. Saratoga Planning Commission Minutes for November 8, 2006. Page 22 clum ed to ether -with the library and Mr. Jerry Haag. said that the Heritage Orchard is being p 9 . looked at as a complex. Commissioner Nagpal said that the Heritage Orchard is unique. Chair Rodgers said this could be added to the Study Session list. Commissioner Nagpal: Said that coverage, height and bed and breakfast inns in the Village should be evaluated. Added that she agrees with Cynthia Barry that the .goal of "preservation and enhancement..." is more reflective of our community. Said that she likes the switch to goals, policies and implementation. Chair Rodgers said that she would .like to see specific definitions of policies, goals and implementation. Commissioner Kundtz said he agreed that a-list of definitions is important. Chair Rodgers: Suggested that a policy "is an expression of commitment to achieve a goal or specific areas of related concern." Said that small-scale professional schools need to be defined so it is not overly broad. Said that bed and breakfast inn needs to be defined as well as fiscal analysis, rural, semi- rural, hillside and urban development. Commissioner Nagpal said that the question of whether there is a different thought process regarding annexation should be evaluated. She said that she too is distressed with the maps from the Initial Study, saying that people want to be sure we are catching their comments. Commissioner Zhao suggested keeping bed and breakfast inns as it is right now with the General-Plan instead of changing the zoning. Commissioner Hunter said that she was involved in the early 1980's with the issue of bed and breakfast inns. There was neighborhood concern regarding parking and noise. Commissioner Nagpal reminded that the Use Permit requirement allows those issues to be evaluated and suggested perhaps changing the General- Plan to be consistent with the Zoning as it relates to bed and breakfast inns. Chair Rodgers said this issue needs more discussion. She said that issues such as neighbor notification and story poles for development have not been discussed. Mr. Jerry Haag cautioned that those are more. Zoning or Design Guideline issues or -- - ---_ -procedures-rather-than-for inclusion in a General Plan. They are too specific. Commissioner Zhao said that rural versus semi-rural character needs to be defined. Saratoga Planning Commission Minutes for November. 8, 2006 Page 23 Chair Rod ers: 9 Said that -other definitions of areas other than rural or semi-rural are needed as well as a cross-reference to the Housing Element. • Suggested putting grading in the Hillside District on the table for Study Session discussion. What is currently written is the "minimum required for dwelling and access." However, who defines what is the minimum .required. • Asked Mr. -Jerry Haag to provide the next part of his presentation on the Draft Open Space/Conservation Element. Mr. Jerry Haag: • Said that the same format is used as was used for the Land Use Element including normal text, stricken text, underlined text and bolded underlined text. Said that the.existing Open Space Resources retain the existing. recommended language (page 40) with the deletion of a portion of a paragraph. • Listed issues as being dedicated open space, private and community open space. Explained that Montalvo is both public and private. • Said that -school sites are identified on page 12. • Said that park information including size and improvements must be further researched. Congress Springs has multi-use fields. Other spaces include EI Quito Park, Hakone Gardens, the improved-path on the Pollard and Quito properties, regional parks such as Montalvo, open space linkages. • Said that under geologic hazards, language needs to be modified from "problem free building sites" to "less constrained building sites" (page 19). • Suggested changing wording under Flood Plain and. Flood Protection to include text, "the City discourages channelization" (page 20). Explained that the FEMA (Federal Emergency Management Agency)-flood maps are the bible of what defines areas of flooding which is adequate for the purposes of the General Plan. • Said that Water Sources are discussed on page 24. • Said. that the goals, policies and implementation sections have been revised in a consistent format to the Draft Land Use Element. Commissioner Hlava: • Pointed out that the email provided by Denise Goldberg has lots of suggestions. • Asked how long the recommended Urban Forest Inventory might take to compile and what would be involved. • Stressed the importance to have staff ready to answer such questions at the next Study Session. Chair Rodgers re-opened the Public Hearing on Agenda Item No. 2. _ Ms. Trish Cypher: • Said she appreciates the ability to address the Planning-Commission. -- • Said that she too received Denise Goldberg's email and that very good ideas were provided in it. Saratoga Planning Commission Minutes for November 8, 2006 Page 24 • Stated that the heart of this effort is the understanding of the goals, policies and implementation. Ms. Cheriel Jensen: • Said that she appreciates the incorporation of her ideas. except for one. • Suggested that putting aprohibition -for logging into the General. Plan. Chair Rodgers thanked the speakers for being a part of the process. Chair. Rodgers re-closed the Public Hearing for Agenda Item No. 2. Commissioner Hunter pointed out that Denise Goldberg is active in the Heritage Tree Society, which wants to count old oak trees. This is a nice idea for which volunteers could be secured. Commissioner Nagpal asked for the process. to continue on. Commissioner Hlava recommending combining the discussion of -the Land Use Element and Open Space/Conservation Element in a Study. Session at which time a final document can be drafted for presentation at another public hearing. Commissioner Nagpal asked if both Elements should be handled at-the same Study Session. Commissioner Kundtz suggested two sessions to prevent burn out atone. Commissioner Hlava pointed out that the Open Space/Conservation Element is not as big an issue as is the Land .UserElement. Chair Rodgers said that she prefers one session. Commissioner Kundtz cautioned that word-smithing takes time. Commissioner Nagpal pointed. out that there have been three meetings and the same folks are at each one. Chair Rodgers said-that the Commission has a pretty good idea of where it is going. Commissioner Zhao said that with the number of pages to review, she prefers two sessions to one. There is too -much material for one. She suggested that the school sites data be consistent in both the Land Use and Open Space/Conservation Elements as right now there are discrepancies. Commissioner Hlava said that she prefers one session but is open to two but stressed the need to have the documents out way ahead of time of the public hearing to allow adequate study prior. - hair Rod ers said she would like tot one session.- C g ry Saratoga Planning Commission Minutes for November 8, 2006 Page 25 City Attorney Jonathan Wittwer said that this has been advertised as one item and should be continued to a date certain. Commissioner Kundtz said- he too is surprised at how few people came out for this public hearing. Chair Rodgers proposed setting specific times at this Study Session for each element and suggested that the reasons so few people have comments is that a good job has been done on the draft. Commissioner Nagpal asked if the Study Session would be as noticed as this hearing. Director John Livingstone said that with a continuance to a date certain no additional noticing occurs. Commissioner Hlava suggested putting a notice on the website as well as including an ad in the newspaper. Commissioner Nagpal said it is important to make sure that the people on the list get the, draft document. Commissioner Hunter suggested having Shannon add this Study Session to her article on tonight's meeting. Consultant Jerry Haag suggested using a display ad. Chair Rodgers said that this would be a working Planning Commission. Study Session at which public comment will also be allowed. Commissioner Hlava said that the feasibility of conducting an Urban Forest Inventory needs to be considered including if there is financial consideration. She added that the requirement for native species is already in there. She said that the recommendation to establish an Open Space Advisory Committee to prepare a management plan is not really appropriate. Commissioner Zhao also questioned the purpose and function of such a Committee. Commissioner Hlava said that Denise Goldberg's recommendation to establish a Land Trust and seek out-grant money are dandy ideas but not appropriate for the General Plan. Chair Rodgers asked. the consultant if he feels this should be part of the General Plan. Mr. Jerry Haag said that the feasibility of establishing a Land Trust can be discussed but it is a fairly complicated process that takes a certain amount of land. If it is too small, it is not feasible and does not make sense financially. This can be discussed further at the .Study Session. - -- Saratoga Planning Commission Minutes for November 8, 2006 Page 26 Chair Rodgers suggested adding it to the list and making sure Denise Goldberg is invited to attend. Commissioner Nagpal -said the Land Trust and solicitation of grants issues could be grouped and discussed together. Commissioner Hlava said- the issue of mini parks versus. having money placed in a big pot for larger parks could be further discussed. Commissioner Nagpal said she would like to discuss that. Mr. Jerry Haag said that a lot of communities like neighborhood parks. while others have minimum park size. There is an issue of size versus function and maintenance. Commissioner Hunter pointed out that Saratoga is low in park inventory. She asked if the General Plan reflects a dream or reality. City Attorney Jonathan Wittwer said-that the General Plan is the Constitution of Land Use Policy. . Commissioner Nagpal said it reflects wishes and what can be done. Chair Rodgers said that a definition of biking is needed and questioned whether the issue of Segways on trails should be evaluated like it has in other nearby communities recently. Commissioner Nagpal said she has never seen these used in Saratoga. Chair Rodgers raised the issue of fencing in Hillside areas. Commissioner Nagpal suggested adding that to the list too.. She asked if a motion is needed at this time. Director John Livingstone suggested setting this Study Session for after the- next site visit on December 12th (for the December 13th PC meeting), at 5 p.m., or alternately on January 9h (prior to the January 10th PC meeting). Commissioner Hlava suggested January. Chair Rodgers said that this Study Session is not a heavy public participation meeting.. Public input can be provided at a later date. The question is whether the consultant can be ready. Mr. Jerry Haag said likely they could. Commissioner Nagpal said she would like more time to review the material in advance of the __ Study Session when it is ready- _ ____ __ ___ _ Saratoga Planning Commission Minutes for November 8, 2006 Page 27 Mr. Jerry Haag said that if this Study Session is to be held on December 12tt', he would propose providing a list of issues on a matrix and leave the last column blank for comments. Commissioner Kundtz said it is important to be able to compare the starting point to where we are now. Commissioner Hlava said that word-smithing is necessary as she is not thrilled with all language included. Commissioner Nagpal said that the whole text is needed. Commissioner Hlava agreed. Commissioner Nagpal said that also the amendments to the Initial Study are needed. Mr. Jerry Haag suggested that the Planning Commission do -its wordsmithing on the November 1St version with an updated matrix. Commissioner Nagpal said she was okay with that but since she is leaving for-India that-week she is not certain -she can make the December 12th Study Session in addition to the December 13th regular meeting. ~-~ Commissioner Hlava asked Commissioner Nagpal when she would be back. Commissioner Nagpal replied December 31St. The January 9th date would be fine. She pointed out that the agenda for December 13th is full but that she does not want to hold back the process for the Study Session. Commissioner Zhao said that she thought January would be preferable as she wants to review the material again. Commissioner Kundtz said deferring to January would be like staring all over again. Chair Rodgers asked staff if it might be possible to have this Study Session the-week before- Thanksgiving on Tuesday reviewing this November 1St version with an updated matrix. Mr. Jerry Haag said that it would be possible but less so if the Commission wants more lead time for the materials as it is hard to get the documents out that quickly. Chair Rodgers said that the Planning Commission- needs to spend time itself on this.. Commissioner Zhao suggested the week before the December. Planning Commission meeting. - - - - -. Commissioner Nagpal said she was game for that. Commissioner Kundtz said okay. Saratoga Planning Commission Minutes- for November 8, 2006 Page 28 id oka . Chair Rodgers sa y Commissioner Hunter reminded that December 6th is the reorganization for Council. Chair Rodgers asked about December 5th. Commissioner Hlava said that December 5th is not good. Chair Rodgers suggested Tuesday, January 9th. . Commissioner Zhao said she couldn't on January 9th. Commissioner Nagpal asked about January 11th. She suggested emailing available dates. Commissioner Hlava reminded that this must be continued tonight to a date certain. Motion: Upon motion of Chair Rodgers, seconded by Commissioner Hlava, the Planning Commission CONTINUED TO A STUDY SESSION TO BE HELD ON DECEMBER 12, 2006, AT 5 P.M. (WITH-THE LAND USE ELEMENT TO ___ _ _ _ BE_DISCUSSED_ FROM __ 5 TO __ 8 P.M. AND -THE OPEN SPACE/CONSERVATION ELEMENT TO BE DISCUSSED FROM 8 TO 9 P.M.) the update to the Land Use and Open Space/Conservation Elements of the Saratoga General Plan and Negative Declaration (Application #07-082), by the following roll call vote:- AYES: Hlava, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: Hunter *** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Chair Rodgers advised that Commissioner Hunter has been elected to Council and this is her last meeting as a member of the Planning Commission. Commissioner Hunter: • Recounted that one of her proudest moments on this Planning Commission was when then Director Tom Sullivan said that this Commission was the best he had ever worked with. • Stated that everyone on this Commission is hard working, conscientious and fabulous. • Commended each member for his or her wonderful service to our City. Saratoga Planning Commission Minutes for November 8, 2006 Page 29 • Stated that she will miss the bus tours with the Planning Commission. Commissioner Nagpal said that the Commission's loss is Council's- gain. Commissioner Hunter brought lots of heart to the Planning Commission. Commissioner Kundtz joked that as a member of Council, Commissioner Hunter should never overturn any of this Commission's actions. Commissioner Hlava suggested that Commissioner Hunter simply be sure to send us a good person to replace her. -She also reminded the Commission of the.League of Women Voters speaker that will appear on November 16~' at the Library. COMMUNICATIONS -Chair Rodgers acknowledged the written communication received from Mr. Glen Cahoon. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Hunter,-Chair Rodgers adjourned the meeting at 11:30 p.m. to the next Regular Planning Commission meeting of December 13, 2006, at 7:00 p.m. • MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • • • Item 1 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Suzanne Thomas Assistant Planner MEETING DATE: December 13, 2006 SUBJECT: Application No. 06-214; Sign and Variance 14395 Big Basin Way, Saratoga, California This project was continued from October 25, 2006 to December 13, 2006. On November 28, 2006, the applicant and staff determined that the project revisions would not be complete in time for the December 13th Planning Commission hearing. For this reason, it is recommended that the hearing be continued to a date uncertain. Item 2 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Shweta Bhatt i~~ Assistant Planner MEETING DATE: December 13, 2006 SUBJECT: Application No. 07-130; Modification to Approved Plans 13641 Ronnie Way, Saratoga, California The applicant withdrew this application on November 27, 2006. The item will not be heard at the December 13, 2006 Planning Commission hearing. • Item 3 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: John F. Livingstone, AICP ~~~ Community Development Director MEETING DATE: December 13, 2006 SUBJECT: Zoning Code Amendment Regarding Streamside Permitting and Guidelines for Streamside Development Staff recommends that the Planning Commission continue this item to a date uncertain to allow staff to further research the subject. • • ' Item 4 ~7 CJ D REPORT TO THE PLANNING COMMISSION Applicant 1\'o./Location: 07-136; 1777 Saratoga Avenue Type of Application: Modification to Approved Plans Applicant/Owner: Roger Haas/Tony Gabille of Crown Castle (property owner) Staff Planner: Shweta Bhatt, Assistant Planner Date: December 13, 2006 APN: 386-10-049 Department Head: ~~ /~ PM s22•M~ Subject: 3777 Saratoga A~~c 386-] 0-099 500' Radius 1777 Saratoga Avenue < i_M,29 Pn Varc~~ r~~...., P. M 6__ TRACT N~. B11 ---• ~:-•- t l~s. CASE HISTORY Application filed: Application complete I~TOtice published: Mailing completed: Posting completed: PROJECT DESCRIPTION EXECUTIVE SUMMARY 10/ l 2/06- 11 /09/06 11 /29/06 11 /20/06 12/07/06 The applicant requests approval of Modifications to Approved Plans to place an emergency generator on the site near the intersection of Lawrence Expressway and Saratoga Avenue. The Commission reviewed and approved an emergency generator on the subject parcel at the October 12, 2005 hearing. Modifications of the Approval include the generator model and a different configuration for the sound barrier. The site is located in the Professional and Administrative Office (P-A) zoning district. The generator is proposed to be situated at the southwest corner of the property. An eight-foot high sound barrier wall will surround the generator fully on the North side and partially-the East and West sides.. There are no permanent conditions of approval for this project. STAFF RECOMMENDATION Approve the Modifications to Approved Plans application v~~ith conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Neighbor Notification Forms 3. Affidavit of mailing notices, public notice, and mailing labels 4. I~TOise Assessment Study 5. Plans, Exhibit "A." CJ 1 "'Application No. 07-136 (Haas/Kato); 1777 Saratoga Avenue STAFF ANALYSIS ZONING: P-A (Professional Administrative Office) GENERAL PLAN: P-A MEASURE G: Not applicable PARCEL SIZE: 11,519 square feet AVERAGE SITE SLOPE: Level GRADING REQUIRED: None " MATERIALS AND COLORS PROPOSED: The generator and attached fuel tank will be seven (7). feet high and will be surrounded by an eight (8) foot wall that will be painted to match existing ground equipment on the site. ENVIRONMENTAL DETERMINATION: The proposed project, which includes placement of an emergency generator and associated .sound barrier, is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. • Application No. 07-136 (Haas/Kato); 1777 Saratoga Avenue r PROJECT DISCUSSION Site Characteristics and Background The project site is located on a triangular lot on Lawrence Expressway and is on the edge of the city limits with two sides bordering San Jose. Access to the property is off Saratoga Avenue, over an adjacent parcel within the City limits of San Jose. Presently on the site there is a cellular transmission pole, a billboard sign, and paint storage containers, all of which are enclosed by a six feet high chain link fence with red plastic slats. The remainder of the site is used for commercial parking. Proposed Equipment This application for Modifications to Approved Plans is to install an emergency generator surrounded by an eight (8) foot high sound barrier at the southwest corner of the subject property. The scope of the project in the original application was also to install a generator on the property. However, the applicant requests to change the model of the generator and the configuration of the sound barrier. The updated noise assessment study recommends the sound barrier be one (1) foot higher than the proposed generator, surround the property fully on the North side, and partially on the East and West sides. With the sound barrier, the proposed project meets the objectives of the City's Noise Ordinance. Additionally, the generator will be used for emergency purposes, as it will. be utilized to provide electricity to the cellular phone antennas in the event of a power outage. In order to ensure that the generator is working on a continuous basis, it will be tested for a total of twenty-six (26) hours or less per year based at a rate of thirty (30) minutes per week. There will be occasional testing for two (2) hours. A conditional of approval requiring that the testing be completed during normal business hours has been added to the resolution. Variation From Setback Requirements The subject site has three sides, one of which fronts on Lawrence Expressway. Therefore this side is defined as the "front" of the property. Based on the site's P-A zoning dedication, the front setback is twenty-five (25) feet and the site's width and depth yield side yard setback requirements of ten (10) feet. Due to its triangular configuration, the site does not have a rear parcel line and therefore does not have a rear setback requirement. The application as proposed shows the generator located within the front setback. City Code (SMC) §15-55.030 permits variation from standards subject to a Use Permit if certain findings can be made. Given the triangular configuration, the proximity of the site to a major arterial street, -and the existing uses on the property, Staff finds that a variation from the setback requirements is warranted; the language of the findings has been provided below. Use Permit Findings The proposed project supports the findings for Use Permit approval; therefore, staff recommends that the Planning Commission approve the proposed project based on the following findings: -Application No. 07-136 (Haas/Kato); 1777 Saratoga Avenue • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use in the designated zoning district. The generator encroaches into the required front yard; however given that a major arterial street (Lawrence Expressway) abuts the front lot line and given the height and quantity of vegetation surrounding the perimeter of the property, the encroachment of the generator does not negatively impact the visual appearance of the site. Additionally, factors such as substandard site area, site width, and site depth, combined with the property's triangular configuration create a situation where the strict application of the code creates difficulty in maintaining the generator within the building envelope. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity in that it is in a location that is adjacent to a major arterial street and is surrounded by primarily nonresidential uses. Additionally, the generator will meet requirements of the City s Noise Ordinance, as a sound barrier will be installed around the generator fully on the North side and partially on the West and East sides. The visual impact of the generator will be mitigated with the sound barrier tivall in addition to the existing vegetation that surrounds the perimeter of the property. Furthermore, the generator will be utilized for emergency purposes when there is an outage for electrical power. The weekly testing to ensure it is in working order will not exceed twenty-six (26) hours per year at a rate of thirty (30) minutes per week. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the site already accommodates numerous antenna facilities and the proposal would not be a substantial visual impairment over what currently exists. Conclusion The project satisfies all of the findings required within Section 15-55.070 of the City Code. The emergency generator is not expected to be detrimental to -the public health, safety or welfare nor is it expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to generators. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve Modifications to Approved Plans application number 07=136 by adopting the attached Resolution. • ~. • -Attachment 1 • Application No. 07-136 (Haas/Kato); 1777 Saratoga Avenue RESOLUTION NO. Application No. 07-136 Modification to Approved Plans for Use Permit (Emergency Generator) CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA 1777 Saratoga Avenue (Haas/Kato) WHEREAS, the City of Saratoga Planning Commission has received an application for Modifications to Approved Plans approval to place an emergency generator and associated sound barrier at the southwest corner of the property near the intersection of Lawrence Expressway and Saratoga Avenue; and WHEREAS, the Planning Commission held a dulynoticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes placement of an emergency generator and associated sound barrier is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies'to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of. the district in which the site is located in that it is a conditionally permitted use in the designated zoning district. The generator encroaches into the required front yard; however given that a major arterial street (Lawrence Expressway) abuts the front lot line and given the height and quantity of vegetation surrounding the perimeter of the property, the encroachment of the generator does not negatively impact the visual appearance of the site. Additionally, factors such as substandard site area, site width, and site depth, combined with the property's triangular configuration create a situation where the strict application of the code creates difficulty in maintaining the generator within the building envelope. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity in that it is in a .location that is adjacent to a major arterial street and is surrounded by primarily nonresidential uses. Additionally, the generator will meet requirements of the City's Noise Ordinance, as a sound barrier will be installed around the generator fully on the North side and partially on the West and East sides.. The visual impact of the generator will be mitigated with the sound barrier wall in addition to the existing vegetation that Application No. 07-I36 (Haas/Kato); 1777 Saratoga Avenue surrounds the perimeter of the property. Furthermore, the generator will be utilized for emergency purposes when there is an outage for electrical power. The weekly testing to ensure it is in working order will not exceed twenty-six (26) hours per year at a rate of thirty (30) minutes per week. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the site already accommodates numerous antenna facilities and the proposal would not be a substantial visual impairment over what currently exists. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 07-136 for Modifications to Approved Plans approval is hereby granted subject to the following conditions: PERMANENT CONDITIONS OF APPROVAL 1. None. COMMUNTY DEVELOPMENT 1. The proposed emergency generator and associated sound barrier shall be located and constructed as shown on Exhibit "A", which includes plans and photo simulations, incorporated by reference. 2. The height of the generator shall not exceed seven (7) feet and therefore the height of the sound barrier shall not exceed eight (8) feet. 3. The generator shall be used for emergency and periodic testing purposes only and shall not be utilized on a regular and continuous basis. 4. The sound barrier shall be painted to match other equipment on the site. 5. Testing for the generator shall be conducted during normal business hours (8:00 am - 6 pm, Monday -Friday). 6. Applicant shall obtain necessary permits for any and all work within the public right of way within the City of San Jose and the County of Santa Clara jurisdictions. 7. If the subject site is decommissioned in the future, the generator and related equipment shall be removed within 30 days of cessation of operation. 8. Four (4) sets of complete construction plans incorporating this Resolution as a separate -- - --plan-page shall-be submitted-to the Building Department-for Building permits. 'Application No. 07-136 (Haas/Kato); 1777 Saratoga Avenue 9. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 10. 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. FIRE DEPARTMENT 1. The applicant shall comply with all requirements of the Santa Clara County Fire Department. Section 2. Construction must be commenced within 24 months from the date on which this Use Permit became effective or approval will expire. Section 3. All applicable requirements of the State, County, City. and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • PASSED AND ADOPTED by the City of Saratoga Planning Commission,- State of California, this 13th day of December 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. 07-136 (Haas/Kato); 1777 Saratoga Avenue 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 • • ~J Attachment 2 ;7 DEC 04 2006 3:34PM HP LRSERJET 3200 City of Saratoga Neighbor Notification Form PROJECT ADDRESS :~/' ~ ~ ~ S'.4 ~,1 ~o f ~ ~ Pi ~~2?~5 ~+- Dear Neighbor, p.2 9Sa7a I am proposing a project at the above stated address and would Iike to provide you with an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street, from the property are being provided this notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made an the project: • I ask that you familiarize yourself with the preliminary plans for the project. These plans are PRELLtfIR'ARY 014ZYand may be changed as the project moves forward. You may contact the City of Saratoga's PlanningDivisiort at any time to review any changes that may occur. The City of Saratoga asks that this form and a reduced set of plans be signed by each neighbor to .indicate that they have had an opportunity to review the proposal. Please be advised that-these plans are preliminary and may change. If you have further interest in the project, you may contact the City of Sazatoga at 408-868-1222 and speak with the assigned project planner. - My signature below certifies that I am awaze of the proposed project and have re~zewed the preliminary proj ect plans. ~ieighbor Name: t'`'7~~~~ G~"`~"~' ~ Date: L Signature: Neighbor Address: -~ 3 ,~ 5~~~ ~ ~-~ r ~~ ~ ~ a ~- ~ l~Teighbar Phone #: `'~ d / ~,~ ~ ~ _.37 ~ C~ . If I have any initial concerns with the project I may list them below. My concerns are the following (please attach additional sheets if necessary):. Applicant Name' Date' Application Number: Ciry of Saratoga Planning Department Revisert 10/24it1G P:1Forms & Procedz,resineighbar r~otificativrz,doc • • • ~J Attachment 3 • AFFIDAVIT OF MAILING NOTICES . I, Denise Kaspar ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the Ciry of Saratoga Planning Commission on the 20`h day of November , 2006, that I deposited 38 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, v~~ith 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: 1777 SARATOGA AVE APN: 386-10-049 that on said day there was regular communication by United States Mail to the addresses shown above. e ~ise 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 13th day of December, 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~v~v.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: Mod-07-136 / 1777 Saratoga Avenue APPLICANT/OWNER: Haas/Kato APN: 386-10-049 DESCRIPTION: -The applicant requests modification of plans. Changes include the generator model and a different configuration for the sound barrier. 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, December 04, 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 • November 17, 2006 500' Ownership Listing Prepared for: 386-10-49 KATO BROTHERS 1777 SARATOGA AVE SAN JOSE CA 95129-5205 386-10-004 LEONARD VELLA 231 HOURET DR MILPITAS CA 95035-6801 386-10-006 EDWARD & VIRGINIA PATRICK PO BOX 6030 PHOENIX AZ 85005-6030 386-10-035 SALINAS VALLEY SAVINGS & LOAN PO BOX 7788 NEWPORT BEACH CA 92658-7788 386-10-040 FIRST BAPTIST CHURCH OF QUITO OR CURRENT OWNER 1735 SARATOGA AVE SAN JOSE CA 95129-5203 386-10-054 STEPHEN GAZZERA 1134 W EL CAMINO REAL MOUNTAIN VIEW CA 94040-2518 386-10-058 JOHN A EARL 2808 ADELINE ST 2 BERKELEY CA 94703-2224 386-11-046 PEGGY J CHRISTEI~TSEN 1877 QUITO RD SAN JOSE CA 386-23-046 TIK-FAI & TERESA CHO OR CURRENT OWNER 12336 LOLLY DR SARATOGA CA 95070-3515 386-10-036 YASUTO & DOROTHY KATO OR CURRENT OWNER 1777 SARATOGA AVE SAN JOSE CA 95129-5205 3 86-10-041 W B & MARY MALONE 1735 SARATOGA AVE SAN JOSE CA 95129-5203 386-10-055 DAMICO TIRE SERVICE INC PO BOX 969 SAN JOSE CA 95108-0969 386-10-059 GREAT WESTERN SAVINGS & LOAN ASS PO BOX 7788 NEWPORT BEACH CA 92658-7788 386-23-039, 058 RAY RUSSO PO BOX 41057 SAN JOSE CA 95160-1057 386-23-047 ANIL & GITA DESAI - OR CURRENT OWNER 12324 LOLLY DR SARATOGA CA 95070-3515 C~' 386-10-007 JOHN B & REVA SEGALL 456 CORNELL AVE SAN MATED CA 94402-2204 386-10-038 CAMPBELL UNIONS D 850 CHAPMAN DR CAMPBELL CA 95008-6807 3 86-10-043 RAY RUSSO 4010 MOORPARK AVE 111 SAN JOSE CA 95 1 1 7-1 804 386-10-056 SARATOGA AV BAPTIST CHURCH 1735 SARATOGA AVE SAN JOSE CA 95129-5203 386-10-33, 044, 45, 46, 49 KATO BROTHERS 1777 SARATOGA AVE SAN JOSE CA 95129-5205 386-23-045 JOHN T & DORIS AGEE OR CURRENT OWNER 12348 LOLLY DR SARATOGA CA 95070-3515 386-23-048 ROGER L & JEAN CROSS OR CURRENT OWNER 18670 SAN PALO CT SARATOGA CA 95070-3531 386-23-049 386-23-050 386-23-051 ROBERT C & MARY NIATISON--- -- -- -- STEVEN M PHILLIPS HAE HO OR CURRENT OWNER OR CURRENT OWNER OR CURREI~TT OWNER 18668 SAN PALO CT 18656 SAN PALO CT 18651 SAN PALO CT SARATOGA CA 95070-3531 SARATOGA CA 95070-3531 SARATOGA CA 95070-3531 3°86=23-052 MOHSSEN RASTEGAR-PANAH 1 7 SPERRY LN TOGA CA 95070-6274 386-23-055 DARYL V BECKER OR CURRENT OWNER 18699 SAN PALO CT SARATOGA CA 95070-3531 386-23-070 RICHARD L KNOWLES OR CURRENT OWNER 12339 KOSICH PL SARATOGA CA 95070-3575 386-61-023 LE TOAN P OR CURRENT OWNER 18743 CABERNET DR SARATOGA CA 95070-3562 386-23-053 GARRY L & MISTY HOLLOWAY OR CURRENT OWNER 18675 SAN PALO CT SARATOGA CA 95070-3531 386-23-056 DUANE E LOOS OR CURRENT OWNER 18711 SAN PALO CT SARATOGA CA 95070-3531 386-61-021 MARTHA A & GERALD UELMEN OR CURRENT OWNER 18727 CABERNET DR SARATOGA CA 95070-3562 403-33-002 GLENMAC LLC 1310 EL PASO DE SARATOGA SAN JOSE CA 403-33-014 CITY OF SARATOGA SUNRISE PENGUIN SARATOGA LTD Attn: Shweta Bhatf 71 S WACKER DR 4700-- - - - - - - - 13777 Fruitvale Ave - CHICAGO IL 60606-4637 SARATOGA CA 95070 r~ ~_~ 386-23-054 ALBAN & ANGELA YEE 19746 VIA GRANDE DR SARATOGA CA 95070-4467 386-23-069 VINH & MU-DUNG PRAM OR CURRENT OWNER 12332 KOSICH PL SARATOGA CA 95070-3575 386-61-022 DAVID E & SHARLENE DENNIS OR CURRENT OWNER 18735 CABERNET DR SARATOGA CA 95070-3562 403-33-009 A T C BUILDING CO PO BOX 63931 SAN FRANCISCO CA 94163-0001 • • Attachment 4 ~ • t `~:.- Consultants in Acoustics AutlioNisual System Design and Telecommunications 130 Sutter Street, Fifth Floor San Francisco Cclifornia 941D4 Tel: 4t5 397 044 Fax: 41 ~ 397 0454 info~crosalter cem www crosalter.com Charles bi Salter, PE David R Schwind, FAES Anthony P Nash, PE Eva Dueller Thomas A Schindler, PE Kenneth W Graven, FE Eric L Broadhurst, PE - Philip N Sanders - Robert P Alvartlo John C Frr:yta g. PE • Durand R Beoautt, Ph.D. Michael D Toy, PE Thomas J Corbett Ross A Jerozal . Jason R Duey Cristina L Miyar Joey G D'Angelo Enc A Yee Joshua M Roper Troy Gimbel Randy D Waldeck Peter K Holst Andrew L Stanley ChrisbpnerA Peltier Timothy G Browr. Jeff Clukey . Ethan Salter Elaine Y Hsieh Alexantler K Satter Jeremy L Decker Ryan McClain Claudia Kraehe Brian Good Candice Huey Josselyn Salter Heather Migur Marva D Noortlzee Debbie Garcia Jasmine Recidorc Alison VJhitsen Char 1 e s IX 14 June 2006 M S a l t e r A s s o c Roger Haas Haas Consulting 117 Spreading Oak Drive Santa Cruz, CA 95068 Email: roger(a~,mail.cruzio.com ~_ ~z Y~ ,~ -i mot- - s- -. late,s: Inc ~~ O ~~~ 6 0 O ~ ~oo S~Q ~~~G e^~~'. c~ ~~°~~o~v~~~e ~nnAM Subject: Verizon Wireless Generator: Lawrence Expressway, Saratoga, CA Environmental Noise Study with New Generator Sound Data CSA Project No. OS-0126 Dear Roger, This letter summarizes our comparison of the new proposed Verizon generator sound data to . ow 12 Apri12005 environmental noise study as well as to the City of Sazatoga requirements for property line noise. CIU'I'ERIA - - Chapter 7, Section 30.050 of the City of Saratoga municipal code states, "(a) no person shall cause, produce, or allow to be produced, in arty residential zoning district, any single event noise measwed no more than six dBA above the ambient noise level at the location where the single noise event sowce is measwed." Sub-section (b) sets a limit of eight dBA above the ambient sound level for office azeas. ANALYSIS In ow 12 Apri12005 environmental noise assessment, we quantified the background noise levels at the project site. In addition, we calculated the sound levels at the closest property lines from a Generac 60 kilowatt diesel generator with a Series 2000 sound attenuated enclosure. This generator had an average A-weighted sound presswe levelt of 65 dB at 23- feet. The average sound level is calculated from fow measwements at each axis of the unit. Our calculations indicated that a sound absorbing, sound attenuating barrier minimum one-foot taller than the top of the generator (with sound attenuating encloswe) would be required to meet the City of Sazatoga's criteria for commercial property line noise. Since ow 2005 study, we understand that Verizon has proposed a new, quieter generator model (t,,anerac SD060) with the Series 2000 sound attenuating encloswe for use in this location. Per the sound data provided by Generac, the proposed new 3.OL John Deere diesel generator with sound attenuating encloswe has an average A-weighted sound presswe level of 64 dB at ~ A-weiglrted decibels - A-weioh~ ±n~ is a spectrom correction that de-emphasizes certain octave frequency bands to closely compare to humans' range of hearing response. Roger Haas 14 June 2006 Page 2 23-feet. This average level is one dBA lower than the data we received in 2005. However, the generator data shows that the radiator end of the generator has the highest noise level, 66 dBA at 23-feet, and the alternator end (opposite from the radiator) has the lowest noise level of 62 dBA at 23-feet. DISCUSSION Our calculations indicate that to meet the City's criteria, athree-sided bamer should be constructed one-foot taller than the generator equipment height to the north, east, and west sides of the radiator end of the generator (in a "U-shape"). For our calculations, we assumed a two-foot distance from the generator to the barrier. The east and west sides of the barrier should be minimum six-feet in length. The alternator end should be oriented away from the closest property line. This juxtaposition is calculated to reduce the sound level from the proposed generator to meet the City's criteria. Please refer to Figure 1 for a conceptual detail of the three-sided barrier and generator orientation2. As stated in our 12 Apri12005 noise study, the barrier would need to be constructed of a material having a minimum surface weight of three pounds per square foot surface weight and be sound absorbing facing the equipment, such astwo-inch thick wood with sound absorption panels (e.g., IAC two-inch polyethylene wrapped with acoustic spacer Noise- FoiITM, www.industrialacoustics.com) or sound absorbing concrete masonry units (e.g., -~ - ~~PTOUdfoot SoundBlox; www.soimdblox.com): The-barrier must not-have any visible gaps or cracks at the connections of the boards or at the base of the barrier. The sound absorption is to be specified with a minimum NRC3 of 0.70. We are available to review and comment on the barrier design if necessary. This concludes our current comments on the subject project. Please call with any questions. Sincerely, CHARLES M. SALTER ASSOCWTES, INC. Ethan Salter Consultant Enclosed: Figure 1 • '.7 ES/es uOSOS:o,xs ar~s.~v~ cou.b..os c,~rr:.ao~ s The approximate location of the north property line and orientation of geographic north shown in Figure 1 enclosed are ~t to scale and were derived from the 8 July 2005 City Plan Check set of drawings by Crown . Castle/Smithco Surveying and Engineering, received from Haas Consulting. a Noise Reduction Coefficient (NRC) - Asingle-number rating of the souk-absorption of a material equal to the arithmetic mean of several octave frequency bands. It nominally ranges from 0.00 (perfectly reflective) to perfectly absorptive (l .00). ` / .; / 'A~ ~ N, • ~\~~ ~ / Q~oiMPi i ~ N~~ ~ i P~QKO~. i -2 FT. RADIATOR END GENERAL SD060 - WITH L2A SOUND- - ATTENUATED ENCLOSURE UNIT DIMENSIONS: 40-INCHES .WIDE BY 111-INCHES LONG WWW.GENERAC.COM ALTERNATOR EN NOTE: BARRIER SHOULD BE CONSTRUCTED WITH NO GAPS OR BREAKS IN ITS SURFACE © zoos CHARLES M. SALTER ASSOCIATES, INC. FOR ACOUSTICAL DESIGN INFORMATION ONLY VERIZON SARATOGA FIGURE 1 _ _ _ _ CON CEP TU AL GENERATOR CSA PROJECT N0. 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B~ ~ ~ ~~ ~ .~$ - ~~ .~~ ~~ $~~ a ~ ~$ .~ ~~~ ~.~ ~ ~ ~ x ~ ~~~ a ~ '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ _ ~ ~ ~ ~ ~~ .~~ ~ .~ ~ ~~ ~ ~ O ~ V .J f4 M{ `f Yi ~ A d ._ sib.. _P ~~~q ~~ ~St~~~'~ 6~~ ~8~~~ °P~ ~C1 ~~~ ~~o ~8 ~l ~~ .~ y ~.~~ ~: ~~ a% ~ c ~ ~,.~ ~ ~ ~ ~ .~ .~ .~ ~ ~~ ~~ ~ ~~ ~ ~,~ ~~ a<~..~ • • i• Item 5 REPORT TO THE PLANNING COMMISSION Application No. & Location: 07-116; 14612 "A"Big Basin Way Type of Application: Conditional Use Permit Applicant/O~~'ner: Cinnabar Vineyards & Winery (Applicant) Allen I~Tazari (Owner) ~i Staff Planner: Therese M. Schmidt, AICP, Associate Plane /,~ Meeting Date: December 13, 2006 APN: 517-08-079 Department Head• _ - _ - _ ___ _ _____ _ ___ _ _ John F. Livingston , AICP "~`~ :; o :~.. ~ y. ' ~y. gTl~cw y 9 ~ ~ . a, r :e 0 Wq / e Abe , e. N~. J ,y .~~ ~ .~ O r ~ k f~; ~ -. ~~ e6e ^~ '-!e ~~ ~~ ~-~/ ~~ :i. yr w- y • J,y ! Y . + ~ ~ /6 t o- ..a. t • y ~,~ eee 2~ ~" . .y'poJ. / ~ CS ~ ri_ `. eee ~j • ~, • I i ~ ° ! ~~ t - 1J 1T :' V wee / ~+ • ~ e i ~J ,.F` ~~~ , f ~; °~ ~).`~\.\}~+~-W4 BASIN--.. .-- A' E ~ `~T .:~ ~• ° G Z alt ~y.1~R1.t~ ~. r. to s!. I ~y y~• +y' f1`f,° ~•~ ~ t ~' N "_ ,.. yt~ .3 -. • t C +.. At ,~ c r•• ~ .1 '~ ~ ~ - .. ... SUBJECT: ,' : ~ n ~ .3 .~ 14612 "A" Big Basin Wa 's y ' t: a y at APN: 517-08-019 ~ SAPATUGA :ceoo _.-- 500' Radius ---"~ - . - p, a ~• . r~ ° EXECUTIVE SUP~ZARY CASE HISTORY Application filed: Application complete Notice published: Mailing completed: Posting completed: 09/27/06 10/27/06 11 /24/06 11/21/06 12/07/06 PROJECT DESCRIPTION The applicant is requesting a Conditional Use Permit to operate a retail shop (selling Cinnabar Vineyards wine and related retail products) with a tasting bar and fee based wine education seminars in the Village. STAFF RECO'1'L~'IENDATIOI\' Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. There are no permanent conditions of approval recommended for this project. PROJECT DATA ZONING: CH-2 District -Commercial Historical GENERAL PLAN DESIGNATION: The General Plan designates this area as CR -Retail Commercial. The property is located within Area J, which is the Village Area. MEASURE G: Not applicable PARCEL SIZE: 11,250 sq. ft. SQUARE FOOTAGE OF TENANT SPACE: Approximately 1,300 sq. ft. AVERAGE SITE SLOPE: Less than l0% GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION: The proposal for a Conditional Use Permit consisting of the conversion of an existing small structure from one use to another, is Categorically Exempt from the Environmental Quality Act (CEQA) .pursuant Section 15303, "New Construction or Conversion of Small Structures," Class 3 (c) of the Public Resources Code (Cl/QA). PROPOSED EXTERIOR MATERIALS AND COLORS: None C7 • l ~.._ File No 07-116;14612 "A" Big Basin Way 3 `, Conditional Use Permit -Cinnabar Vineyards and Winery PROJECT DISCUSSION The subject site is located in the CH-2 Zoning District which requires the Planning Commission grant approval of a Conditional Use permit when an establishment engages in the sale of alcoholic beverages and an educational use. In addition, the site is located within the Village Specific Plan. Staff was initially concerned with the proposed internal configuration of the proposed retail space which placed the tasting counter directly in front of a window visible to passing pedestrians. The Village Specific Plan strongly encourages pedestrian orientated retail establishments. Staff was concerned that the tasting bar would limit visual retail opportunities of placing merchandise near a storefront window. The applicant has addressed staff's concern by redesigning the interior space. The two bay windows west of the front door will be utilized as merchandise areas as well as the interior floor space by these windows. Pedestrians will also be able to see the upper portion of the tasting counter, which will be an indicator that the establishment will also provide opportunities for wine tasting. - 1~rn~rvycco The applicant is proposing one full-time Tasting Room Manager,- who will report to a General Manager and part-time staff as needed. It is expected that the number of part-time staff would- increase during holidays or special events. Hours of Operation The retail establishment will be -open daily from 11:00 a.m. - 5:00 p.m. and will occasionally be open until 10:00 p.m. for wine education seminars or for special events in the Village. The business will be closed on New Year's Day, Easter, Thanksgiving Day and Christmas Day. To -allow future flexibility, staff has not placed a condition of approval restricting hours of operation. Parking and Circulation No exterior changes are proposed to the off-street parking configuration where there are 6 (six) spaces. The building was designed as a commercial structure with a retail use anticipated. The City of Saratoga has adopted a zoning text amendment which relaxes all parking requirements in the Village. This ordinance was adopted on January 18, 2006, and became effective February 18, 2006. The new ordinance specifies that no off-street parking shall be required for applications that are deemed complete between March 1, 2006, and February 28, 2009. Signage The applicant is not requesting approval of exterior Signage as part of this application. Neighbor Review File No 07-116;14612 "A" Big Basin Way Conditional Use Permit- Cinnabar Vineyards and Winery. 4 The applicant hand delivered 43 invitations to attend an informational event on Wednesday November 15, 2006, from 5:30 p.m. - 7:30 p.m. at which time plans of the proposed interior renovation and information regarding the proposed retail establishment was made available. Thirteen people- attended the event representing six residences/businesses. The applicant has submitted six neighborhood notifications/letter of support indicating that the reviewers did not have issues or concerns .and are supportive of the proposal (See Attachment No: 3). GENERAL PLAN FINDINGS The approval of the proposed project is consistent with the following General Plan Goals and Policies stated in the Land Use Element as discussed below: Land. Use Policy 4.0 states: "Encourage the economic viability of. Saratoga's existing commercial areas and their accessibility by residents, keeping in mind the impact on the surrounding residential areas.". Land Use Policy LU 7.1 states: "The City shall consider the economic impacts of all land use decisions on the City." Discussion: The retail space has been vacant for over 9 months. Approval of the proposed Use Permit would provide additional retail opportunities in the Village; thereby, strengthening the economic vitality of the Village. Generally, vacant commercial spaces within a community may be perceived as undesirable if they remain vacant for extended periods of time. Occupancy of the retail space would add shopping opportunities for the community; thereby supporting the City's General Plan Goals and Policies. SARATOGA VILLAGE SPECIFIC PLAN OBJECTIVES One of the objectives of the CH-2 District is to implement the Saratoga Village Specific Plan as adopted by the City on May 18, 1988, and thereby achieve the following objectives with respect to the Village: 1. Preservation -and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners.. 2. Preservation and .enhancement of the architectural and. landscape quality of the Village. • 3. Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences. 4. Conservation of historic structures. Discussion: The proposed use would occupy and existing retail structure and would not affect the architectural and landscape quality of the village nor affect historic structures. The proposed use would provide a specialty shop and encourage additional shopping File No 07-116;14612 "A" Big Basin Way 5 4 Conditional Use Permit -Cinnabar Vineyards and Winery opportunities for the community. The proposed use meets the objectives of the Village Specific Plan. • File No 07-116;14612 "A" Big Basin Way 6 Condirional Use Permit -Cinnabar Vineyards and Winery , CONDITIONAL USE PERMIT FINDINGS The granting of a Conditional Use Permit shall be based on the findings. stated in Zoning Ordinance section 15-55.070. Staff has determined that the 4 (four) required Conditional Use Permit findings stated within Section 15-55.030 of the City Code can be made in the affirmative. The following is a discussion of each of the 4 (four) findings: Finding #1: The proposed location of the .conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The proposed use would occupy and existing retail space, which is located in an appropriate zoning district to support a wine retail, tasting, and educational establishment. Finding #2: The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or ~~~elfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use and the conditions which it would be operated would not be detrimental to the public health, welfare, or safety of the community. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. The applicant is not proposing to use hazardous materials, utilize machinery which could create excessive noise, or conduct business outside of standard operating hours generally associated with a retail use. Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. , As proposed, the application complies with all applicable provisions of the Saratoga Municipal Code. In addition, if the project is approved then appropriate conditions of approval would be included in the Resolution requiring compliance with the Saratoga Municipal Code throughout the operation of the proposed use. Finding #4:. The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood or adversely affect surrounding properties or the occupants thereof. The proposed use is compatible with the surrounding retail uses and will not create adverse impacts such as offensive odors, unreasonable noise, excessive traffic, or create a shortage of available parking within the Village or immediate neighborhood. CONCLUSION Staff finds that all of the Conditional Use Permit findings can be made in the affirmative and the proposal is consistent with the City's General Plan. STAFF RECOMMENDATION Staff recommends the Planning Commission find that this Application is not subject to CEQA review and approve the request . for a Conditional Use Permit by adopting the attachedZZesolufion--- --- ---- --- • • File No 07-116;14612 "A" Big Basin Way Conditional Use Permit -Cinnabar Vineyards and Winery ATTACHMENTS 1. Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. Neighborhood Notification. 4. Applicant Letter of Justification. 5. Plans, Exhibit "A." • • Attachment 1 • RESOLUTION NO. Application ~To. 07-116 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Cinnabar Vineyards & Winery; 14612 "A" Big Basin Way WHEREAS, the City of Saratoga Planning Commission has received a request for a Conditional Use Permit to operate a retail shop (selling Cinnabar Vineyards wine and related retail products) ~~ith a tasting bar and fee based wine education seminars in the Village; 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 Planning Commission finds that the proposed project, consisting of the conversion of an existing small structure from one use to another, is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures," Class 3 (c) of the Public Resources Code (CEQA); and WHEREAS, the applicant's proposal is consistent with the following General Plan Goals and Policies: Land Use Policy 4.0 states: "Encourage the economic viability of Saratoga 's existing commercial areas and their accessibility by residents, keeping in mind the impact on the surrounding residential areas. " Land Use Policy LU 7.1 states: "The City shall consider the economic impacts of all land use decisions on the City. " The retail space has been vacant for over 9 months. Approval of the proposed Use Permit would provide additional retail opportunities in the Village; thereby, strengthening the economic vitality. of the Village. Generally, vacant commercial spaces within a community may be perceived as undesirable if they remain vacant for extended periods of time. Occupancy of the retail space would add shopping opportunities for the community; thereby supporting the City's General Plan Goals and Policies. WHEREAS, the applicant's proposal is consistent with the following Village Specific Plan Objectives: 1. Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners. • 2. Preservation and enhancement of the architectural and landscape quality of the Village. 3. Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences. 4. Conservation of historic structures. The proposed use would occupy and existing retail structure and would not affect the architectural and landscape quality of the village nor affect historic structures. The proposed use would provide a specialty shop and encourage additional shopping opportunities for the community. The proposed use meets the objectives of the Village Specific Plan. WHEREAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit allowing an establishment to engage in the sale of alcoholic beverages, and the applicant has met the burden of proof required to support the findings for granting said application for use permit as specified in City Code Section 15-55-030: Finding #1: The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The proposed use would occupy and existing retail space, which is - located-in an-appropriate-zoning district -to-support a =wine -retail, tasting, and educational establishment. Finding #2: The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use and the conditions which it would be operated would not be detrimental to the public health, welfare, or safety of the community. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. The applicant is-not proposing to use hazardous materials, utilize machinery which could create excessive noise, or conduct business outside of standard operating hours generally associated with a retail use. Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. As proposed,. the application complies with all applicable provisions of the Saratoga Municipal Code. In addition, if the project is approved then appropriate conditions of approval would be included in the Resolution requiring compliance with the Saratoga Municipal -Code throughout the operation of the proposed use. • Finding #4: The proposed conditional use will not adversely .affect existing or anticipated uses in the immediate neighborhood or adversely affect surrounding properties or the occupants thereof. The proposed use is compatible with the surrounding retail uses and will not create adverse impacts such as offensive odors, • unreasonable noise, excessive traffic, or create a shortage of available par. king within the Village or immediate neighborhood. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the application, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter and approving the exemption from CEQA, application number 07-116 for a Conditional Use Permit, approval is hereby granted subject.to the following conditions: PERMANENT CONDITONS OF APPROVAL -None CURRENT DEVELOPMENT PROPOSAL CONDITIONS - COMMUNTY DEVELOPMENT 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, impose any- new. conditions of the permit to preserve the public health, safety, and welfare. 2. The retail establishment shall operate as represented on the plans. marked "Exhibit A„ 3. Any intensification of this use shall require an amended Conditional Use Permit. 4. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies. having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 5. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit to, and obtain approval from, -the Community Development Department for a business license. 6. 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 actiori with respect to the applicant's project. FIRE DEPARTMENT 7. The applicant shall comply with all requirements of the Saratoga Fire Department. - =- -Section 2. Construction must be commenced within 24 months from the date on • which this Use Permit became effective or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution -shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, the 13th day of December 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers Chair, Planning Commission ATTEST: John Livingstone, AICP Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with-said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • • i~ • 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 21S` day of November , 2006, that I deposited 236 notices in the United States Post Office, a I~?OTICE 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 ov~~ners of property ~~vithin 500 feet of the property described as: Address:- 14612 "A" Big Basin Way APN: 517-08-079 that on said day there vas regular communication by United States Mail to the addresses shov~~n above. f/(r~ € ,# ~I~ _- .~~ / Deii~se Kaspar %~ Advanced Listing Services • Attachment 3 • ~~ Anna ~~ VINEYARDS@ WINERY Addresses which received hand delivered invitations to Cinnabar "Meet and Learn About our Project" November 15, 209067 at Sent Sovi Restaurant, Saratoga CA 1St Delivery: November 8, 2006 2na Delivery: November 13, 2006 Total: 43 Addresses on all located on Big Basin Way: 14602 14608 14610 14612 14618 .14620 14612B 14626 - - -- --- 14598A 14598B 14595C 14590 #1, #2, #3, #4, #5, #6 The Basin Restaurant 14577 #2A, #2B, #3, #3A, #3B, #3C, #4 14587 14591 14589 14593 14595 14597 14599 14601 14583 ' 14611 #A, #B, #C, #D, #E, #F - 14625 14639 14630 -- P.O. Box 245, SARATOGA, CALIFORNIA 95071 PHONE (408) 741-5858 FAx (408) 741-5860 www.cinnabarwine.com ~c~~d. ~1~ve~d,: ~~ j~j ~~ •••s••••s•••••••••••••••o•••••••••••• • e' • •• Xcellence, Cinnabar Winery's • resident alchemist • is moving to your neighborhood! • • • • / n ~n a a~ • • • • ViNEY.4RD5 & WINERY • • • • • • • You are invited to.... Come and learn about Cinnabar's exciting new o retail shop and tasting room to be located at 14612A Big Basin Way in Saratoga Village! • • • • • ~. • -- -- - - . - - - - _ z~ • _ • • .. • • • • Wednesday, November 15, 2006 • 5:30-7:30 Plvl • • • • Sent Sovi Restaurant • • ~ 14583 Big Basin Way, saratoga Village : • • • • • • ~ ~ • • • • • ~ Please RSVP by Monday, November 13 • 408-741-5858 x16 • • • __ _ • • ~i ~ ~~~ctr~J ~_ 1nna6a~ 11 ~ ~ ,,~ I ~ r:nereios a c:ni:v Reminder.... Come and learn about Cinnabar's exciting new retail shop and tasting room to be located at 14612A Big Basin Way in Saratoga Village! ..................................... Wednesday, November 15, 2006 : 5:30-7`.30 PM : Sent Sovi Restaurant ] 4583 Big Basin Way, Saratoga Village ...................................... • Please RSVP by Tuesday, November 14 408-741-5858 x16 (if we've already heard from you, thanks, and we'll see you there!) • • • Dear Neighbor, ; • I am proposing a project at the above stated address and would like to provide you with an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors accross the street from the property are being provided this notice as a courtesy in : advance of the standard City Notice which will be sent out prior to a decision being made on the project. Sincerely, ; The Team at Cinnabar Wnerv ITr~1.in.~T RISTORANT ~~ r ~ ~ ~ ~~ t ' +' l~ ~~ ll ~~C!<< ~ ; 2U06~ Oft'Y C~ ~~1tATOG~ CLh2MUNITY DEVEL.OPM,ENT November 3, 2006 Planning Commission City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Re: Cinnabar Tasting Room 14612 Big Basin Way Agenda Item -December 13, 2006 Please be advised that v~~e at Bella Saratoga are totally supportive of the Cinnabar Tasting Room. Many of our customers have inquired about a tasting room for Cinnabar. As many of your know the long, winding, steep, narrow drivetivay prevents Cinnabar from regular open tasting. This will be a nice addition to the village. and particularly should help the other retail sites at the end of the village. Please award their use permit. Sincgrely ,~.~~' s- Bill and Ellen Cooper Bella Saratoga • :-'+~V' riv ~~:S9~i ~^j • . ~ SaR.ATGGA, L^.AL?FQR?VI.%; 4:i07Q t~ (4'~1c~') 7-ii-J11~ ~.,r t!i3: ;40°j 808-97%'i \i'11'K'.S2I~2lQ~fi-Cfl.L'O>7"t~U~ I ~ Q City of Saratoga Neighborhood Notification Form PROJECT ADDRESS: 14612A Big Basin' VVay, Saratoga CA Dear Neighbor: Cinnabar Vineyards & Winery is proposing a project at the stated address and would like to provide you with an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street from the property are being provided this notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. I ask that you familiarize yourself with the preliminary plans for the project.. These plans are PRELIMINARY ONLY and may be changed as the project moves forward. You may contact the City of Saratoga's Planning Division at any time to review any changes that may occur. The City of Saratoga asks that this form and a reduced set of plans be signed by each -neighbor to indicate that they have had an opportunity to review the proposal. Please be advised that these plans are preliminary and may change. If you have further interest in the project, you may contact the City of Saratoga at 408-868-1222 and speak with the assigned project planner. My signature below certifies that I am aware of the proposed project and have reviewed the preliminary project plans. ~,~~ Neighbor Name L~~~T~ff ~ ~ GL/l.~~S'~ Signature ,~ ~,..~., c%,/l~ Neighbor Address: Date // - %5 = ~ Neighbor Phone # ~d`c~ -7~/ - /~ ~f~ If I have any initial concerns with the project I may list them below. My concerns are the following (please attach additional sheets if necessary): Applicant Name: Cinnabar Vineyards & Winery Date: November 15, 2006 Application Number: 07=11-6 City of Saratoga - - -- City of Saratoga Neighborhood Notification Form PROJECT ADDRESS: 14612A Big Basin VVay, Saratoga CA Dear Neighbor: Cinnabar Vineyards c~ Winery is proposing a project at the stated address and would like to provide you with an opportunity. to review the proposal and provide comments: All of the adjacent neighbors and the neighbors across the street from the property are being provided this notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. I ask that you familiarize yourself with the preliminary plans for the project. -These plans are PRELIMINARY ONLY and may be changed as the project moves forward. You may contact the City of Saratoga 's Planning Division at any time to review any changes that may occur. • The City of Saratoga asks that this form and a reduced set of plans be signed by each neighbor to indicate that they have had an opportunity to review the proposal. Please be advised that these plans are preliminary and may change. If you have further interest in the project, you may contact the City of Saratoga at 408-868-1222 and speak with the assigned project planner. My signature below certifies that I am aware of the proposed project and have reviewed the preliminary project plans: - ~ t.~ If I have any initial concerns with the project I may list them below. My concerns are the following (please attach additional sheets if necessary): ^Q+c''1 Applicant Name: Cinnabar Vineyards & Winery Date: November 15, 2006 Application Number: 07-116 City of Saratoga • Neighbor Phone # '-~ ~ r- ~Z. v ~ f ~~ -~~ T City of Saratoga l~Teighborhood Notification Form PROJECT ADDRESS: 14612A Big Basin Way, Saratoga CA Dear Neighbor: Cinnabar Vineyards & WineJy is proposing a project at the stated address and would like to provide you tivith an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street from the property are being provided this notice as a coarrtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. , I ask that you familiarize yourself with the preliminary plans for the project. These plans are PRELIMINARY ONLY and may be changed as the project moves forward. You may . contact the City of Saratoga 's Planning Division at any time to review any changes that may occur. The City of Saratoga asks that this form and a reduced set of plans be signed by each neighbor to indicate that they have had an opportunity to review the proposal. Please be advised that these plans are preliminary and may change. If you have further interest in the project, you may contact the City of Saratoga at 408-868-1222 and speak with the assigned project planner. My signature below certifies'that I am aware of the proposed project and have reviewed the preliminary project plans. Neighbor Name ~ ~~`' ~ ~~ ~~j Date _ _ J Signature 1/ /~E~~~ Neighbor Address: ~'~ j ~ ~ b~ S ~ ~ ~.~' ; ~ ~"~ 0.-y ~ ~° Neighbor Phone # ~` ~- ~ ~ ~ - ~ l ~7 C If I have any initial concerns with the project I may list them below. My concerns are the following (please attach additional sheets if necessary): Applicant Name: Cinnabar Vineyards & Winery Date: November 15, 2006 Application Number: 07-116 City of Saratoga City of Saratoga Neighborhood Notification- Form PROJECT ADDRESS: 14612A Big Basin Way, Saratoga CA Dear Neighbor.• Cinnabar Vineyards & Winery is proposing a project at the stated address and would like to provide you tivith an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street from the property.are being provided this notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. I ask that you familiarize yourself with the preliminary plans for the project. These plans are PRELIMINARY ONLY and may be changed as the project moves forward. You may contact the City of Saratoga's Planning Division at any time to review any changes that may occur. The City of Saratoga asks that this form and a reduced set of plans be signed by each neighbor to indicate that they have had an opportunity to review the proposal. Please be advised that these plans are preliminary and may change. If you have further interest in the project, you may contact the City of Saratoga at 408-868-1222 and speak with the assigned project planner. My signature below certifies that I am aware of the proposed project- and have reviewed the preliminary project plans. Neighbor Name ,~i` ~f~ ~ ~ ~ Date / t - r r - a ~ Signature Neighbor Address: Neighbor Phone # 7 ~ ( (l If I have any initial concerns with the project I may list them below. My concerns are the following (please attach additional sheets if necessary): Applicant Name: Cinnabar Vineyards & Winery Date: November 15, 2006 Application Number: 07-116 City of Saratoga • City of Saratoga Neighborhood Notification- Form PROJECT ADDRESS: 14612A Big Basin Way, Saratoga CA Dear Neighbor: Cinnabar Vineyards & Winery is proposing a project at the stated address and would like to provide you with an opportunity to review the proposal and provide comments. All of the adjacent neighbors and the neighbors across the street from the property are being provided this notice as a courtesy in advance of the standard City Notice which will be sent out prior to a decision being made on the project. - I ask that you familiarize yourself with the preliminary plans for the project. These plans are PRELIMINARY ONLY and may be changed as the project moves forward. You may contact the City of Saratoga 's Planning Division at any time to review any changes that may occur. The City of Saratoga asks that this form and a reduced set of plans be signed by each neighbor to indicate that they have had an opportunity to review the proposal: Please be advised that these plans are preliminary and may change. If you have further interest in the project, you may contact the City of Saratoga at 408-868-1222 and speak with the assigned project planner. My signature below certifies that I am aware of the proposed project and have reviewed the preliminary project plans. Neighbor Name Signature Date - ! l S ~,~ Neighbor Address: Neighbor Phone # ~~~` ~ /o~` ~~u~~ If I have any initial concerns with the project I may list them below. My concerns are the following (please attach additional sheets if necessary): ~o ~ti~ Applicant Name: Cinnabar Vineyards & Winery Date: November 15, 2006 Application Number: 07-116 City of Saratoga • Attachment 4 ~~~~ ~~- • L, . as VINEYARDS & WINERY September 26, 2006 Ms. Therese M. Schmidt AICP Saratoga Planning Commission 13777 Fruitvale Ave. Saratoga CA 95070 Re: Cinnabar Vineyards & Winery Wine Shop Cinnabar Vineyards & Winery is a local winery and community supporter. We are excited about the prospect of opening a winery retail shop in Saratoga. Cinnabar Vineyards & Winery was founded in 1981 by Tom Mudd, a Stanford PhD in environmental engineering. Cinnabar's winemaker George Troquato, has produced award winning wines for over 15 years. General Manager for 10 years Suzanne Frontz, is past President of Family Winemakers of California. The Cinnabar retail shop will be located in the village at 14612 Big Basin Way. It will be open daily and staffed by full and part time employees. Customers will have the opportunity to purchase solely Cinnabar wines, non-wine items and taste Cinnabar wines for a fee. We will also conduct fee based wine education seminars. With Cinnabar as the only winery in Saratoga with a retail shop that offers its wine for tasting, Saratoga will become the gateway to the eastern Santa Cruz Mountains wine trail. This would bring greater Bay Area foot traffic to Saratoga. We have discussed our retail shop concept with other Saratoga retail operators, restaurateurs and local wineries, all of whom are very enthusiastic about our plans and the synergistic affect on Saratoga. The subsequent pages provide detailed information to include a floor plan and an example of another winery retail shop. While our shop will not be identical to the one shown, it will be similar in its feel and level of sophistication. Cinnabar has been an active member of the Saratoga community for over 25 years. We now look forward to working together on a day to day basis. Should you require any additional information, please do not hesitate to contact me. er , ~~ Suza Frontz ~ neral Manager ~--J P.O. Box 245, Saratoga CA 95071 408.741.5858 FX 408.741.5860 www.cinnabarwine.com • • Cinnabar Vineyards & Winery 23000 Congress Springs Rd. P.O. Box 245 Saratoga CA 95071 Ph: 408-741-5858 Fx: 408-741-5860 www.cinnabarwine.com cinnabarwine(a,yahoo.com Owner: Tom Mudd, PhD Stanford University, Environmental Engineering Founded: 1981 Wines Produced: Santa Cruz Mountains Cabernet, Pinot Noir &Chardonnay, Paso Robles Merlot, Monterey Chardonnay and Mercury Rising & Mercury Rising Blanc (red and white wine proprietary blends) Management: General Manager & Sales Manager: Suzanne Fronfz Over 25 years experience in retail sales, distribution and company management. Past President of Family Winemakers of California (winery trade association with over 400 California members). Joined Cinnabar in 1996 . Winemaker: George Troquato Grew up in Los Gatos, and from an early age helped with the family grape growing & winemaking business. Experience working in France and locally with J. Lohr Winery. Producing award whining wines for Cinnabar since joining the company in 1991. Association Memberships: Community Support: Saratoga Chamber of Commerce Los Gatos- Chamber of Commerce Santa Clara Chamber of Commerce Santa Cruz Mountains Winegrowers Association Family Winemakers of California California Wine Institute California Farm Bureau Cabernet Society Participation in Saratoga Street Dance (over 10 years) Los Gatos Art & Wine Festival Rotary Art Show Longtime support of Saratoga schools, churches, library as well as various art organizations and service clubs in the greater Bay Area The Retail Operation What: Cinnabar Vineyards & Winery retail shop with wine tasting The shop will sell only Cinnabar wines which will retail for $19 and above. The wines will include general release products, as well as limited production wines not available in the broad market. Sales will be comprised of 80% wine and 20% non-wine merchandise. The non-wine merchandise will include logo apparel, books and other wine related items. For a fee, we will provide customers the opportunity to taste a limited number of wines (e.g. $5.00 to taste 4 wines with the pour size being 1- 1.Soz each). Our Type 2 operating license does not permit us to sell glasses of wine or open bottles for on-site public consumption. We will also conduct fee-based wine education seminars. Location: 14612 Big Basin Way, Saratoga, CA Approximately 1,300 square feet Comprised of: sales floor, office, storage, break room and restroom Parking: On street parking is available in front of and across the street from 14612 Big Basin Way, and on 6`" Street; public parking lots south of Big Basin . Way between 4`" & 5`" ,and north of Big Basin Way between 5`" & 6`"are also within a short walking distance. Five spaces of building parking will be available for our use on weekends. Hours of Operation: Daily 11:OOam - S:OOpm Occasional evenings until 10:00pm for wine education seminars Deliveries will take place during normal business hours Closed: New Year's Day, Easter, Thanksgiving Day and Christmas Day Staffing: Full time Tasting Room Manager (who will report to General Manager Suzanne Frontz) Part time sales staff License: California winery Type 2 license Marketing & Advertising: Encourage local tourism through cooperative advertising with other eastern Santa Cruz Mountains wineries in local press (e.g. San Jose Mercury News, Saratoga News, and Los Gatos Weekly etc.) Cinnabar Winery website Internet advertising (e.g. Events.com) • Santa Cruz Mountains Winery Association website (SCMWA) Santa Cruz Mountain Winery Association area visitors map Advertising rack cards in local hotels, Chambers of Commerce and other high traffic tourist venues (e.g. San Jose Airport) • Marketing & Advertising con't: Develop relationship with local hotel concierges, travel agents and tour organizers Networking with current Cinnabar restaurant & retail customers for referrals as a tourist destination Networking with area wineries and other appropriate businesses in the area Participation in SCMWA festivals and Passport Days Participation in Saratoga Christmas/holiday celebration Charity events where we pour and/or donate wine #,## ~: COOPER-GARROD r-~ ~ - ~. - ~_ '?64~ ~ ~arrr~a Roa,l Tcl: ~1i~5.,ti67.711G Ciro of Sar:rto~~a I'lannin~~ Cc,nuni~~il_ui I i r 7 hruin~alr :~~•e. tiara[<)~,.1, ~_;:~~ ~~7Q l1 L_?car Cmm~ii~~irm Mrmb~:r~: :=1 Ciru~abar 1':I;tin~.; Ruon1 in nc~ villa~,r i~ ~~rl_ar nc~w~! `~l'~c ~rrC11lQ}\' allil UI1NCItilvoi:Ill)' ~lll)l~i)I't th1 hrilhi~~i'Cl CllhallCClllCilC Of Chc- V1118!,c'. T11C11" ]Jrc'Sc11Ci: ~~ill he ;111 ;IC1~Iltli~1Y11 I"C,I~i~ll toC RL'(~UCIII' l1'llli: i:Oll~Uil1C1'~ tcl \'I~IC ~11rai~)~~a. • ~\'~~ ~~-i~h them tlic ~•cr~= Le..>t and truer you will ~uhporr chtrir effort :1 ~1•ell. ~in~rrel~~ your, ;,' ~ ~ / `~!1I 11:1111 I\. l_,Oi ~I~C1- • NDV-09-.2006 13:56 From: MOUNT EDEN VINEYARDS 4088674x-"'9 • November 3. 206 Dear Saratoga Planning Commission, l o: 91~i f 91 5~ r. i~ 1 J (~ _ ~/~ t~~~~~r~o~~ `~~~~~~~r~rir We enthu~ia.,vtically support Cinnabar Vineyards opening up a tastins room in the Viltage_ This kind of business will bring visitors and foot traffic into town and will benefit all merchants. • • Sinccrel ;~~ '`~,. ~ . l' Eleanor Patterson Co owner, Mount Eden Vineyards 14eorxy-Two 1"namand Tw9my Mown Ec1en Noaa.:~alnrla. C:1Ciloriua 95070 (OOA) R('ti5-y4d'3 tAX 1408) ti67-4~A infoipnwunlecswncom YA~OOO MAIL To: "Suzanne Frontz, Cinnabar" <cinnabarwine@yahoo.com> Subject: Re: Letter - Follow-up From: "Josiah Slone" <josiah@sentsovi.com> Date: Thu, 16 Nov 2006 18:17:01 +0000 To whom it may concern, Print - Close Window I would like to express my support tc Cinnabar's application to open a Tasting room in the historic Saratoga Village across the street from my restaurant. A diverse mix of businesses is critical for the future of _ the village and I feel that they will contribute to this. In my professional dealings with Cinnabar I have found them to be deeply committed to the community of Saratoga. I believe that their decision to be the only Santa Cruz mcuntains winery to locate their tasting room in the village underscores this. I feel that they would be a complimentary business to the restaurants and retail shops already in the village. Please approve their application. Regards, Josiah Slone Chef/Owner josiah@sentsovi.com Sent Sovi Restaurant - Saratoga, CA ww~a. sentsovi . com (408) 867-3110 p.s. They make great wine! Sent via Blackberry ^^^ ^^^ ..^^^ Awards & Accolades for lnna a~ VINEYARDS & WINERY 2004 Santa Cruz Moun tams Chardonnay Los Angeles County Fair 2004 Santa Cruz Mountains Pinot Koir ~JO G~CO~C~4~ California State Fair Commercial Wine ]udging ~~d San Francisco Bay Wine Competition Los Angeles County Fair r~ ~~ 2003 Mercury Rising °° g ~~4 ~l~ Qd~~O° C~~ugo~wo~ G1pp¢~d~~oo~ g`li- l~° Ofl~4~ California State Fair Commercial-Wine ]udging C~COdD San Francisco Bay Wine Competition C~OdD Tasters' Guild 2002 santa Cruz Mountains Cabernet Sauvignon g~ pO~G~]44 California State Fair Commercial Wine ]udging C~~dD Tasters' Guild '`~I~~~~.' Los Angeles County Fair ^^^ ^^^ ^^^ :: ^ ^ ... ^ ^' ^ ^^^ ^^^ Awards & Accolades for ^^^ ^^^ ^^^ Cilna6a~ VINEYARDS & WINERY 2003 Monterey Chardonnay ~3C~ ~f~~o Wine Enthusiast ~n~~~ San Prancisco Chronicle Wine Competition ~~~~ SCMWA Commerual Wine Competition 2002 Mercury Rising DO~I~~c~ C~o~l~ Tasters Guild Consumer Wine Judging n~~c~' Grange County Pair 2002 Paso Robles Merlot C~Co7~C~ San Prancisco Chronicle Wine Competition ~~~~c~' SCMWA Commercial Wine Competition 2002 Santa Cruz Mountains Chardonnay ~ ~ ~f~~a Wine Enthusiast "Editor's Choice" ~ ~ ~~~o California State Pair Commercial Wine Competition C~o~?~1 San Prancisco Chronicle Wine Competition 2003 Santa Cruz Mountains Pinot Noir Do~1~~c~ Go~lC~l San Prancisco International Wine Competition 2001 Santa Cruz Mountains Cabernet Sauvignon ~ ~ p~~o Wine & Spirits ~a ~t~~o Wine Enthusiast ~~ ~~~o Patterson's Beverage Journal C~o~1o ~~~ Santa Magazine C~Coo~~l Tasters Guild International Wine Judging C~o~~l. SCMWA Commercial Wine Competition ~~~~~' Grange County Pair ... ~ ~ ... ... ... ... ... i • m c .N m m m N ~ :~ ~ i d ____ Attachment 5 File No 07-116;14612 "A" Big Basin Wa}' Conditional Use Permit -Cinnabar Vineyards and Winery ATTACHMENTS 1. Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. Neighborhood Notification. 4. Applicant Letter of Justification. 5. Plans, Exhibit "A." 6 • i. III ~~ __°' e PC^= ye`YiY i„a`` ~ , ~ ~ `o'a e I~ _ 6Cu rv~m I ~ •I ; ;;i j I. I ~ it ,I II i~lll I i I ~ I ~ I ~ I V ~ Ic4i:`c~J i ~ ~ ~a~~S~l ~~a I I ~ 0 0 0l0 0 0 o_z~o~l 3 I iz ~ ~~o I F !i~~'Nlt'ai~l~ ~ _°gb~i Iii e_I - W ~ I I i ~_ W 0 W ~ I I ~- ~ ~ ~ I ~1 U ~~'~1~~~~ ~ LL Nl -~I ~' y ~`7=i=a Q ~ ~`alai~cw, I~, ,~~Ig oS9 ~~~al all i I I ....................................................._ _._.._... 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I 0 Zi K~~ ,~ ~a :~ U Z w w I _ ' o O ll v I ~ ~~;. , ~~~ ~ .I. tr 3 D J W p J ~ J 2 Z N O w I ~ ~ O I ~ _ J i w z J ~ v I ~ I:V~d ?115 yo 'doold~ds J.F1M NISd9 J19 Z l9t L ~Jb'8b'NNI~ z 3 Q r i ' ~ y ~ c~ `.' z I 3: ~ ~ ~ O w t: ~ f ~ ~ J Z S~Ya~ = O%~a y ~~~ UNO~ 3 z ~ v ~m<o ~ I~~na~r 1 B^~o I .. FI ~l _~ 0 0~ I z W W ~ ~~ ~ ~ I~ 0 i II w Item 6 REPORT TO THE PLANNING COMMISSION Application No. & Location: 06-161; 14523 Big Basin Way Type of Application: Conditional Use Permit & Design Review Applicant/O~~~ner: A.S.E Consulting Engineering, Inc. (Applicant) Mr. & Mrs. Mitch Cutler (Owner) {y~ Staff Planner: Therese M. Schmidt, AICP, Associate Plann . /~! Meeting Date: December 13, 2006 APN: 503-24-027 Department Head: John F. Livingston , AICP " ~~ ~ ~___i f ~. ' oJ,4 / ,r~~-~ ~"~.~. ~'C'. ~ - rya' G ~ ! ~''i o-~D~' + ~~ ~r ~y~ :i ;, _, O r ` ~l iI 1.031 MCT • cr \'i t~r•".""~ttia. x.27'\~• ~•y'wM• •• ~-T Y 444 a ~ A { °y~ ,~ 5 I ~ ~ •-.... CITY .1 3!a>TOB+ ~ - "~J~li. •.t.....a .y.r, ~~^. a. ` . . O i ,.i°s. I ° ~ \ "x'"._ _'rrr_ ~...~,.'»--r,.-'Yn~ --dJ ~;; •• s.~ i, _• Ids . i. gA51N --'- .. 1}yYpya s,.[ul 0., yy. Y~.2 +1810 9 /if ~ ~" ~~~ 3.~ y '0'1.°'7 ~ G -i-[•~ t'" i. w ). 1pR / ~1 1 <' ss.Yf-~Y"°~-i~,.,.[~r ? rc.. ...__ ':rc~.i i', •i .+ E ..: .: - . ... s a -- ---- -- - _[ ~__y.-_ ~ i r. ~ o i r •~r• _ ` ~u ~~ti, ~ I I ~r :a~ a`t~?~ a ei. ~.i~ -•i7T+tSi 3.~[^~, a!d ~~ ,i STc• _ - ~r T ~s . .,... y • RI3 ,~ 47 ~ ° ~ 1 n ~ i7 ~ SA 3A70GA cCHOOL D 19 T R I C T a ' Subject: 14523 Big Basin Way B E APN: 503-24-027 j r 500' RadiusL~. r~ File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Re~~iew -Blue Rock Shoot Restaurant EXECUTIVE SUMMARY CASE HISTORY Application filed: 10/27/05 Application complete: 11/30/06 Notice published: 11/24/06 Mailing completed: 11/21/06 Posting completed: 12/07/06 PROJECT DESCRIPTION The applicant is requesting Design Review Approval for a major remodel and for a Conditional Use Permit (CUP) to expand a restaurant in the CH-1 zoning district within the Village. STAFF RECOMMENDATION Approve the Design Review and Conditional Use Permit application with conditions. by adopting the attached Resolution. No permanent conditions of approval recommended for this project. STAFF ANALYSIS ZONING: CH-1 District -Commercial Historical GENERAL PLAN DESIGNATION: The General Plan designates this area as CR -Retail Commercial. The property is located within Area J, which is the Village Specific Plan Area. MEASURE G: Not applicable PARCEL SIZE: 2,987 sq. ft. AVERAGE SITE SLOPE: Approximately 25.9% GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION: The proposal for Design Review and a Conditional Use Permit consisting of a major remodel and addition to a restaurant is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303(c), "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). This exemption allows for the construction of up to four commercial buildings not exceeding 10,000 square feet in floor area. PROPOSED EXTERIOR MATERIALS AND COLORS: Smooth Stucco walls painted in tan; wooden door frames, doors, and windows; river rock accents and a cedar shake roof. 2 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Re~~ie~w -Blue Rock Shoot Restaurant ~D (l TTi' ('T it A T A • Pro osal Code Re uirements Maximum Allowable Site Building Ft print and Coverage: Porch- 2,058 sq. ft. Public Access & Walkway 330 sq.ft. TOTAL PROPOSED 2,388 sq. ft. 2,389.6 sq. ft. 80% 80% Floor Area: Existing Building 3,109 sq. ft. Existing Shed to Demo -128 sq. ft. Proposed Addition 1.616 sq. ft. TOTAL PROPOSED 4,597 s . ft. No Max. Re uired Setbacks: Min. Requirement Front 6' 6" 0 ft. _ Rear 0 ~ 0 ft. Side 2' 3" 0 ft. Side 0 0 ft. Heigbt• • Proposed 32' 2" Maximum Allowable 35 ft. PROJECT DISCUSSION: The subject site is located within the Village Plan area and the CH-1 Zoning District, which requires the Planning Commission to grant approval for a Conditional Use permit when a new restaurant, or an expansion of a restaurant, is proposed. In addition, the Municipal Code requires Design Review approval for proposed expansions over 500 sq. ft. or major exterior alterations in Commercial Zoning Districts. • The applicant is proposing to expand the existing restaurant use and to demolish a shed, concrete retaining wall, access stairs, rear patio, and rear facade. A major interior and exterior remodel is proposed including: construction of a three-story elevator attached to the primary structure via pedestrian bridges, expansion of the main structure for additional dining and storage, an exterior reface from wood siding to stucco, new wood windows and doors, a new cedar shake roof, replacement of exterior public stairs providing access from the lower public parking lot to Big Basin Way, and upgraded landscaping. 3 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Review -Blue Rock Shoot Restaurant Air Co~zditioning Unit The applicant has anon-conforming air condition unit partially located on his eastern property line and his. neighbor's property. The neighbor has requested the applicant remove the unit. The applicant has agreed and will be relocating the unit with the remodel of the building. A condition of approval has been incorporated into the attached Resolution requiring the applicant to illustrate the location of the units on Exhibit "A" for review and approval by the Community Development Department prior to issuance of Zoning Clearance to ensure compliance with the City's Municipal Code -and Design Review Guidelines. Arborist Clearance One redwood tree. located on the abutting property to the west is protected by the City's Municipal Code and will be exposed to potential impacts from construction. A bond in the amount of X34,800.00, which is equal to 100% of the total appraised value of the redwood tree, will be required prior to issuance of. building permits. Arborist clearance has been granted with appropriate conditions of approval incorporated into the attached resolution. Elevator The applicant is proposing an exterior elevator housed in a three-story structure attached to the primary structure via a pedestrian bridge on the second and third floor of the buildings. The elevator would provide access to the restaurant from the rear public parking lot for patrons of the restaurant. A condition of approval has been. incorporated requiring the applicant to clearly identify to the public with appropriate signage that the elevator is for private use by patrons of the restaurant and does not provide public access to Big Basin Way. Employees The applicant is proposing 2 full-time employees and 2 part-time employees. Staffing may. fluctuate during special events or during the holidays. Geotechnical Clearance The applicant is proposing modifications to the structure's foundation, which requires geotechnical review and clearance. The proposal has been reviewed and geotechnical clearance has been issued with appropriate conditions of approval incorporated into the attached Resolution. Height Restrictions The applicant has designed the structure to utilize the natural slope of the site. The structure will be one-story facing Big Basin Way and will transition to three-stories facing the rear public parking lot, abutting Saratoga Creek. Municipal Code Section 15-19.50 (i) regulates the maximum height of any structure in the CH-1 District to 35-feet; however, no portion of a structure facing Big Basin Way shall exceed two-stories, and no portion of a structure facing Saratoga Creek shall exceed three-stories. • 4 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Review -Blue Rock Shoot Restaurant Hours of Operation Proposed operating hours are: Monday- 6:30 AM to 8:00 PM Tuesday through Saturday: 6:30 AM to 10:00 PM Sunday: 6:30 AM to 9:00 PM 1Veighbor Review The applicant has submitted three (3) completed neighborhood templates, two of which support the proposal and one of which has issues and concerns regarding the existing air condition unit, which as been addressed by the applicant (See Attachment 3). Parking and Circulation The subject site is located in Parking District Number 1 of the Village. The City of Saratoga has adopted a zoning text amendment which relaxes all parking requirements in the Village. This ordinance was adopted on January 18, 2006, and became effective February 18, 2006. The new ordinance specifies that no off-street parking shall be required for applications that are deemed complete between March 1, 2006, and February 28, 2009. The Ordinance also identifies a parking surplus that could accommodate 41,480 gross sq. ft. of new development or a change in use over what currently exists in the Village. Since the Ordinance's adoption a total of 4,791 gross sq. ft. has been allocated with 37,059 sq. ft. remaining. The proposal would increase the gross sq. ft. of the building by 1,616 sq. ft. and reduce the available surplus allocation to 35,443 sq. ft. Signage The applicant is not requesting approval of exterior Signage as part of this application. A formal application shall be required if the applicant chooses to modify the existing signage. Trash Enclosure The applicant is proposing a trash enclosure at ground level, abutting the mechanical room and elevator. The enclosure will have two access points, one from the south elevation via tvvo wooden self-closing doors and the other via a single door to the side of the enclosure. The proposed design of the enclosure is sympathetic to the proposed remodel and will provide screening and ensure full containment of debris from the abutting parcels and the public parking lot located directly behind the subject site. GENERAL PLAN FINDINGS The approval of the proposed project is consistent with the following General Plan Goals and Policies stated in the Land Use Element as discussed below: Land Use Policy 4.0 states: "Encourage the economic viability of Saratoga's existing commercial areas and their accessibility by residents, keeping in mind the impact on the surrounding residential areas." 5 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Re~2ew -Blue Rock Shoot Restaurant Land Use Policy LU 7.1 states: "The City shall consider the economic impacts of all land use decisions on the City." Discussion: The applicant is proposing to expand the restaurant, which will provide additional commercial opportunities and encourage the economic viability of the Village. In addition, the proposed facade improvements will extend the life of the structure and enhance the structure's appearance from Big Basin Way as well as the public parking lot located to the rear of the subject site. The proposal supports the Goals and Policies of the Land Use Element of the General Plan. SARATOGA VILLAGE PLAN OBJECTIVES One of the objectives of the CH-1 District is to implement the Saratoga Village Plan as adopted by the City on May 18, 1988, and thereby achieve the following objectives with respect to the Village: 1. Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers. and diners. 2. Preservation and enhancement of the architectural and landscape quality of the Village. 3. Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences. 4. Conservation of historic structures. Discussion: As part of the proposed improvements to the parcel the applicant will be replacing the public access stairs and removing a gate, which will increase the visibility of the public access from Big Basin Way to the public parking lot. The improvement will benefit potential shoppers and diners. The applicant is proposing a subdued color palette with wood windows and doors and river rock accents, a new planter area facing the public parking lot, and decorative wood doors on the proposed trash enclosure and lower level storage area, all of which will enhance-the architectural and landscape quality of the village. The expansion will provide more dining opportunities. The existing structure is not located on the local, state, or national register as a historic structure and does not appear to be historic. The proposal meets the objectives of the Village Specific Plan. SARATOGA VILLAGE DESIGN GUIDELINES Design Guidelines were established to implement the design policies of the Village Plan. The eight (8) major Goals of the Village Design Guidelines are: 1. To encourage new construction and renovation of existing buildings that is compatible with adjacent buildings, with the village design context as a whole, as examples of design excellence. 2. To reserve street frontages for commercial buildings and uninterrupted pedestrian flow. • 3. To develop all parking facilities to the rear of buildings, with minimal visual exposure of parking facilities and vehicular ingress-egress from Big Basin Way. 6 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Re~~iew -Blue Rock Shoot Restaurant 4. To preserve the existing buildings of historical significance. 5. To create usable, attractive pedestrian open spaces wherever possible. 6. To increase the use of landscaping, street furniture, ornamental paving, awnings and similar environmental elements that are designed to serve the convenience of pedestrians. 7. To avoid large expanses of blank walls and extensive distances between doors, to emphasize display windows, plazas and similar focal points so that visual and functional interest for pedestrians will remain uninterrupted. 8. To encourage the use of appropriate commercial and directional signage for the security and convenience of pedestrians and drivers. Discussion: The proposal will improve the appearance of the structure as viewed from Big Basin Way and meets the Goals of the Village Design Guidelines by: retaining parking to the rear of the structure; providing pedestrian access from the rear public parking lot to Big Basin Way; avoids large expanses of blank walls; improves landscaping transition from the property to the public parking lot; and utilizes appropriate building materials including wood windows and doors, river rock, cedar roofing, and smooth stucco painted a neutral color. DESIGN REVIEW FINDINGS The proposed project is consistent with all the following Design Review Findings as stated in MCS 15-46.040: (a) Wliere more than one building or structure will be constructed, flee architectural features and landscaping thereof shall be .harmonious. Such features include height, elevations, roofs, material, color and appurtenances. The applicant is proposing two structures, a main building to house a restaurant and an accessory structure to house athree-story elevator shaft with two-floors of storage and s lower level trash enclosure. The applicant will be attaching the-two structures via a pedestrian bridge on the second and third floors. The bridges add to the architectural integrity of the building and create a pleasing transition without creating excessive bulk or mass. Proposed materials will be consistent for both structures. (b) Where more than. one sign will be erected or displayed on the site, flee signs shall leave a common or compatible design and. location positions and shall be Izarmonious in appearance. The applicant is not proposing a sign as part of this application. (c) La~:dscapi~tg shall integrate and accommodate existing trees and vegetation to be .preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The applicant is proposing two small landscape beds abutting the rear property line and the proposed storage area of the lower level of the restaurant structure. A condition of approval 7 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Review -Blue Rock Shoot Restaurant has been incorporated into the attached resolution requiring approval of a final landscape plan prior to issuance of zoning clearance. (d) Colors of wall and roofing materials s)zall blend with the natural landscape and be non-reflective. The applicant is proposing tan stucco for the exterior of the buildings with wood windows, doors, and frames, all of which shall be non- reflective. In addition, the applicant is proposing to utilize river rock accents at the base of the landscape planters. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless. it is appropriately screened. The applicant is proposing cedar shakes and is not proposing to locate mechanical equipment on the roof. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The front of the proposed building is compatible in terms of height, bulk, and with abutting parcels on Big Basin Way since it will retain its- original design with the exception of the porch, awning, and wood fencing door/gate being removed, all of which will enhance the - - - visibility_of_the__existing store-front .windows. _ In_ addition, the Saratoga Lodge, a three-story structure, abuts the same public parking lot located to the rear of the property; therefore, the proposed three-story element will not appear massive or out of proportion to its surroundings. CONDITIONAL USE PERMIT FINDINGS The granting of a Conditional Use Permit shall be based on the findings stated in Zoning Ordinance section 15-55.070. Staff has determined that the 4 (four) required Conditional Use Permit findings stated within Section 15-X5.030 of the City Code can be made in the affirmative. The following is a discussion of each of the 4 (four) findings: Finding #1: The proposed .location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The proposal is an expansion of a Use Permit for a restaurant, which is a desired and appropriate use for the Village. Finding #2: The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use and the conditions which it would be operated would not be detrimental to the public health, welfare, or safety of the community. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. The applicant is not proposing to use hazardous materials, utilize machinery which could create excessive noise, or conduct business outside of standard operating hours generally associated with a restaurant use. 8 File No 06-161;14523 Big Basin Way Conditional Use Permit and Design Re~~iew -Blue Rock Shoot Restaurant Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. As proposed, the application complies with all applicable provisions of the Saratoga Municipal Code. In addition, if the project is approved then appropriate conditions of approval would be included in the Resolution requiring compliance with the Saratoga Municipal Code throughout the operation of the proposed use. Finding #4: The proposed conditional use ~~~ill not adversely affect existing. or anticipated uses in the immediate neighborhood or adversely affect surrounding properties or the occupants thereof. The proposed use is compatible with the surrounding commercial uses and will not create adverse impacts such as offensive odors, unreasonable noise, excessive traffic, or create a shortage of available parking within the Village or immediate neighborhood. CONCLUSION Staff finds that all of the Conditional Use Permit and Design Review findings can be made in the affirmative and the proposal is consistent with the City's General Plan and the Village Specific Plan. STAFF RECOMMENDATION Staff recommends the Planning Commission find that this Application is not subject to CEQA review and approve the request for a Conditional Use Permit and Design Review by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. Neighborhood Notification. 4. Plans, Exhibit "A." • 9 • Attachment 2 __ • • ~ RESOLUTION NO. Application No. 06-161 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Blue Rock Shoot Cafe; 14523 Big Basin Way WHEREAS, the City of Saratoga Planning Commission has received a request for a Conditional Use Permit and Design Review to construct a major remodel and expansion of a restaurant in the Village; 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 Planning Commission finds that proposal for Design Review and a Conditional Use Permit consisting of a major remodel of a restaurant is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303(c), "New Construction or Conversion of Small Structures", Class 3 (c) of the Public Resources Code (CEQA). This exemption allows for the construction of up to four commercial buildings not exceeding 10,000 square feet in floor area; and WHEREAS, the applicant's proposal is consistent with the following General Plan Goals and Policies: Land Use Policy 4.0 states: "Encourage the economic viability of Saratoga 's existing commercial areas and their accessibility by residents, keeping in mind the impact on the surrounding residential areas. " Land Use Policy LU 7.1 states: "The City shall consider the economic impacts of all land use decisions on the City. " The applicant is proposing to expand the restaurant, which will provide additional commercial opportunities and encourage the economic viability of the Village. In addition, the proposed facade improvements will extend the life of the structure and enhance the structure's appearance from Big Basin Way as well as the public parking lot located to the rear of the subject site. The proposal supports the Goals and Policies of the Land Use Element of the General Plan. WHEREAS, the applicant's proposal is consistent with the following Village Specific Plan Objectives: 1. Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners. ___ _ __ 2. Preservation and enhancement of the architectural and landscape quality of the Village. 3. Encouragement of a town center mix of specialty shops, restaurants, convenience shops, services and residences. 4. Conservation of historic structures. As part of the proposed improvements to the parcel-the applicant will be replacing the public access stairs and removing a gate, which decreases the visibility of the public access from Big Basin Way to the public parking lot. The improvement will benefit potential shoppers and diners. The applicant is proposing a subdued color palette with wood windows and doors and river rock accents, a new planter area facing the public parking lot, and decorative wood doors on the proposed trash enclosure and lower level storage area, all of with enhance the architectural and landscape quality of the village. The expansion will provide more dining opportunities. The existing structure is not located on the local, state, or national register as a historic structure. -The proposal meets the objectives of the Village Specific Plan. WHEREAS, the applicant's proposal is consistent with the following Village Design Guideline Goals: 1. To encourage new construction and renovation of existing buildings. that is compatible with adjacent buildings, with the village design context as a whole, as examples of design excellence. 2. To reserve street frontages for commercial buildings and uninterrupted pedestrian flow. 3. To develop all parking facilities to the rear of buildings, with minimal visual exposure of parking facilities and vehicular ingress-egress from Big Basin Way. 4. To preserve the existing buildings of historical significance. 5. To create usable, attractive pedestrian open spaces wherever possible. 6. To increase the use of landscaping, street furnitwe, ornamental paving, awnings and similar environmental elements that are designed to serve the convenience of pedestrians. 7. To avoid large expanses of blank walls and extensive distances between doors, to emphasize display windows, plazas and similar focal points so that visual and functional interest for pedestrians will remain uninterrupted. 8. To encourage the use of appropriate commercial and directional signage for the security and convenience of pedestrians and drivers. The proposal will not change the appearance of the structure as viewed from Big Basin Way and meets the Goals of the Village Design Guidelines by: retaining parking to the rear of the structure; providing pedestrian access from the rear public parking lot to Big Basin Way; avoids large expanses of blank walls; improves landscaping transition from the property to the public parking lot; and utilizes appropriate building materials including wood windows and doors, river rock, cedar roofing; and smooth stucco painted a neutral color. • WHEREAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit allowing expansion of a restaurant and the applicant has met the burden of proof required to support the findings for granting said application for use permit as specified in City Code Section 15-55-030: Finding #1: The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The proposal is an expansion of a Use Permit for a restaurant, which is a desired and appropriate use for the -Village. Finding #2: The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use and the conditions which it would be operated would not be detrimental to the public health, welfare, or safety of the community. The applicant will be required to meet all Fire District, Uniform Building Code, and applicable health and safety regulations. The applicant is not proposing to use hazardous materials, utilize machinery which could create excessive noise, or conduct business outside of standard operating hours generally associated with a restaurant use. Finding #3: The proposed establishment will comply with all applicable provisions of the Saratoga Municipal Code. As proposed, the application complies with all applicable provisions of the Saratoga Municipal Code. In addition, if the project is approved then appropriate conditions of approval would be included in the Resolution requiring compliance with the Saratoga Municipal Code throughout the operation of the proposed use. Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood or adversely affect surrounding properties or the occupants thereof. The proposed use is compatible with the surrounding commercial uses and will not create adverse impacts such as offensive odors, unreasonable noise, excessive traffic, or create a shortage of available parking within the Village or immediate neighborhood. WHEREAS, the applicant has met the burden of proof required to support the findings required for said application for Design Review Approval, as set forth below: (a) Where more than one building or structure will be constructed, tl:e architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. The applicant is proposing two structures, a main building to house a restaurant and an accessory structure to house athree-story elevator shaft with two-floors of storage and a lower level trash enclosure. The applicant will be attaching the two _____ structures via a pedestrian bridge on the second and third floors,_ The bridges add I * to the architectural integrity of the building and create a pleasing transition ~ without creating excessive bulk or mass. Proposed materials will be consistent for both structures. (b) Where more than one sign will be erected or displayed on the site, the signs shall leave a common or compatible design and location positions and shall be harmonious in appearance. The applicant is not proposing a sign as part of this application. (c) Landscaping shall integrate and accommodate. existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The applicant is proposing two small landscape beds abutting the rear property line and the proposed storage area of the lower level of the restaurant structure. A condition of approval has been incorporated into the attached resolution requiring approval of a final landscape plan prior to issuance of zoning clearance. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nog:-reflective. The applicant is proposing tan stucco for the exterior of the buildings with wood windows, doors, and frames, all of which shall be non- . _ _ ..reflective. _ In addition, the applicant is proposing to utilize river rock accents at the base of the landscape planters. the or other materials (e) Roofing materials shall be wood shingles, wood shakes, , such as composition as approved by the Planning Commission:. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The applicant is proposing cedar shakes and is not proposing to locate mechanical equipment on the roof. (fJ The proposed development shall be compatible in terms of height, bulk and design with other structures in flee immediate area. The front of the proposed building is compatible in terms of height, bulk, and with abutting parcels on Big Basin Way since it will retain its original design with the exception of the porch, awning, and wood fencing door/gate being removed, all of which will enhance the visibility of the existing store-front windows. In addition, the Saratoga Lodge, a three-story structure, abuts the same public parking lot located to the rear of the property; therefore, the proposed three-story element will not appear massive or out of proportion to its surroundings. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the application, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter and approving the exemption from CEQA, application number 06-161- for a Conditional Use Permit, approval is hereby granted subject to the following conditions: PERMANENT CONDITONS OF APPROVAL -None CURRENT DEVELOPMENT PROPOSAL CONDITIONS - COMMUNTY DEVELOPMENT The development shall be located and constructed as shown on Exhibit "A" date stamped October 5, 2006, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. 2. -The project shall utilize materials illustrated on a materials board date stamped October 5, 2006. 3. Staff shall not approve downgrading to the exterior appearance of the approved commercial structure. Downgrades may include, but are not limited to, exterior doors, architectural detailing, stonework, columns, shutters, driveway materials, _ or similar items. _Any exterior changes t_o approved plans resulting in a downgrade shall require filing an additional application and. fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 4. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process prior to issuance of Zoning Clarence: a. Four (4) sets of complete construction plans incorporating this Resolution the arborist reports dated May 16, 2006, and the Geotechnical Consultant Memorandum dated September 25, 2006, as a separate plan page(s). b. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved- plans." c. Clearly illustrate removal of the HVAC on the plans. Illustrate the new location of the HVAC and associated equipment. Said equipment must be placed completely on the subject site. 5. The following shall be required and/or included as to the plans submitted to the Planning Division for the building plan check review process prior to issuance of Zoning Clarence: a. Two (2) sets of Final Landscape plans incorporating all recommendations from the Arborist's Report dated May 16, 2006. i. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. ii. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. iii. 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. iv. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. b. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans." 6. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 7. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, impose ariy new conditions of the permit to preserve the public health, safety, and welfare. 8. Any intensification of this use shall require an amended Conditional Use Permit. 9. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, .safety, and water quality issues. 10. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant shall submit to, and obtain approval from, the Community Development Department for a business license. 11. 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 ariy proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. FIRE DEPARTMENT 12. The applicant shall comply with all requirements of the Saratoga Fire Department. PUBLIC WORKS 13. Applicant shall obtain an encroachment permit for improvements in the City right-of--way prior to commencement of the work. 14. -All recommendations in the Geotechnical Consultant Memorandum dated September 25, -2006, and incorporated herein by this reference shall be flowed and incorporated into the plans. ARBORIST REPORT 15. All recommendations in the arborist reports dated May 16, 2006, and incorporated herein by this reference shall be followed and incorporated into the plans. 16. Prior to issuance of Building Permits the applicant -shall obtain a tree bond; or similar funding mechanism as approved by the Community Development Director,. in the amount of $43,800.00. Section 2. Construction must be commenced within 24 months from the date on which this Use Permit became effective or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. • PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, the 13th day of December-2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Linda R. Rodgers Chair, Planning Commission ATTEST: John Livingstone, AICP Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully .conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date i~ • Attachment 3 i• AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 21S` day of November , 2006, that I deposited 95 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 follo~~ving persons at the addresses shown, to-~~~it: (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 shov~~n 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: 14523 Big Basin Way APN: 503-24-027 that on said day there was regular communication by United States Mail to the addresses shown above. jtti {;? ~~ ~ Y 1 ~I f ~,tT /l. ~ ~ L ~ `-'ter=~'i ~ .~~~-' Denise Kaspar ~~ r Advanced Listing Services • November 20, 2006 .Ownership Listing Prepared for: 503-24-027 MITCH & TRACY CUTLER 14523 BIG BASIN WAY SARATOGA CA 95070-5929 503-23-025 EVELYN JOHNSTON PO BOX 53 SARATOGA CA 95071-0053 503-24-009 ROBERT & SHIRLEY CANCELLIERI 14860 CODY LN SARATOGA CA 95070-6018 503-24-023 517-08-011 CHARLES J & ELSBETH STAUSS PO BOX 1848 - - - - LOS GATOS CA 95031-1848 5324-030 MAHNAZ KHAZEN OR CURRENT OWNER 14519 BIG BASIN WAY SARATOGA CA 95070-6052 503-24-060 BLOXHAM 4010 MOORPARK AVE 111 SAN JOSE CA 95117-1804 503-24-064 SOO G LEE 1138 NORVAL WAY SAN JOSE CA 95125-3434 503-24-070, 072 - - --- JOSEPH & HELEN BROZDA 235 LINDEN ST SANTA CRUZ CA 95062-1019 003 - - - - - - OSE WATER WORKS ACCOUNTING 374 W SANTA CLARA ST SAN JOSE CA 95113-1502 503-23-049 NAI\TCY E KESSLER OR CURRENT OWNER 20626 BROOKWOOD LN SARATOGA CA 95070-5831 503-24-016, 18, 26, 35, 36, 47, 74, 76 25-031 26-044 517-09-078.083 SARATOGA CITY OF 13777 FRUITVALE AVE SARATOGA CA 95070 503-24-027 MITCH & TRACY CUTLER __14480 OAK PL _ __ _ SARATOGA CA 95070-5929 503-24-046 INI~l AT SARATOGA INC OR CURRENT OWNER 20645 4TH ST SARATOGA CA 95070-5867 503-23-052 PATRICK BROCKETT OR CURRENT OWNER 20620 BROOKWOOD LN SARATOGA CA 95070-5831 503-24-020 RUTH LONG PO BOX 2095 SARATOGA CA 95070-0095 503-24-029 GLEN A & BRADFORD YOUNG 1027 LUCOT WAY CAMPBELL CA 95008-6408 503-24-062 BERNARD A WALLACE PO BOX 1060 DISCOVERY BAY CA 94514-7060 503-24-066 JOSEPH C & MICHELLE MASEK OR CURRENT OWNER 14467 BIG BASIN WAY SARATOGA CA 95070-6093 503-24-071 SAM CLOUD BARN 85 SARATOGA AVE 100 SANTA CLARA CA 95051-7300 ---- 503-25-007--- - BIG BASIN LLC OR CURRENT OWNER 14573 BIG BASIN WAY SARATOGA CA 95070-6801 503-24-049, 050 GEORGE PAYI~TE 15940 ROCHIN TR LOS GATOS CA 95032 503-24-063 CNY PROPERTIES INC 12504 SARATOGA AVE SARATOGA CA 95070-4145 503-24-067, 080, 081 JAMES I & ARLENE ROSENFELD 14219 OKANOGAN DR SARATOGA CA 95070-5549 503-24-073 JOSEPH & HELEN BROZDA 475 W SAN CARLOS ST 10101 SAN JOSE CA 95110-2633 503-25-008, 028 DONALD & C HUNT 14583 BIG BASIN WAY SARATOGA CA 95070-6804 503-25-022 THOMAS E PARKER PO BOX 756 CARDIFF BY THE SEA CA 92007-0756 503-25-032 KLAUS W & YVONNE PACHE OR CURRENT OWNER 14555 BIG BASIN WAY SARATOGA CA 95070-6013 503-25-036 K & Y LIMITED 14555 BIG BASIN WAY SARATOGA CA 95070-6013 503-26-018 ANI~T D BARBER 14471 SPRII~TGER AVE SARATOGA CA 95070-5827 503-26-043 MICHAEL OHEARN 115 NEW ST SANTA CRUZ CA 95060-4324 503-25-026 SHARON STOKES 676 CAMELLIA WAY -LOS ALTOS CA 94024-3116 503-25-035 RONALD VERDOORI`' OR CURRENT OWNER 20650 4TH ST 2 SARATOGA CA 95070-5893 503-25-038 ALLEN W & SAUNDRA HILL OR CURRENT OWNER 20650 4TH ST 5 SARATOGA CA 95070-5893 503-76-001 FENG-YING LII`T 603 FOREST AVE PALO ALTO CA 94301-2623 503-76-004 503-76-002 503-76-003 CATHERINE B HIRSCHMAN EUGENE CHOW CATHERINE Y KWEI OR CURRENT OWNER 1125 HUMBOLDT RD 1125 HUMBOLDT RD 14591 BIG BASIN WAY BRISBANE CA 94005-1728------ - ---BRISBANE_CA 94005-1.228. ____ _ __~ _ _ ~SARATOGA CA 95070-6069 503-76-005 503-76-006 503-76-007 MICHAEL RUBENSTEIN OVIDIO & WENDY CALVO MARK W HIRTH OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14593 BIG BASIN WAY 14595 BIG BASIN WAY 14597 BIG BASIN WAY SARATOGA CA 95070-6069 SARATOGA CA 95070-6069 SARATOGA CA 95070-6069 503-76-008 VADIM D STEPANCHENKO OR CURRENT OWNER 14599 BIG BASIN WAY H SARATOGA CA 95070-6069 517-08-012 DORIS K & FRANK BEHNKE 13691 BEAUMONT AVE SARATOGA CA 95070-4968 517-09-012 MARTS FORMICO 14480 BIG BASIN WAY SARATOGA CA 95070-6095 503-76-009 JUNE F CHEN PO BOX 2963 SARATOGA CA 95070-0963 517-08-060 DORIS BEHI~TKE OR CURRENT OWNER 14655 OAK ST 1 SARATOGA CA 95070-6050 517-09-013 BKOFAMERI~TT&SA PO BOX 2818 ALPHARETTA GA 30023-2818 517-08-010 FRANK BEHNKE 14510 BIG BASIN WAY 161 SARATOGA CA 95070-6090 517-09-011 RICHARD SERMONS 14620 BIG BASIN WAY SARATOGA CA 95070-2446 517-09-014,015 FRANK BURRELL 4010 MOORPARK AVE 111 SAN JOSE CA 95 1 1 7-1 804 517-09-025 517-09-027 517-09-026 JAVID J SALEHIEH RICKY & RUBINA RATRA THANH LUOI~TG OR CURRENT OWNER 1597 TURRIFF WAY OR CURRENT OWNER 14501 OAK ST SAN JOSE CA 95132-2351 14515 OAK ST SARATOGA CA 95070-6025 SARATOGA CA 95070-6025 503-25-025 CATHLEEN M & MARK PETERSEly' 45 MONTGOMERY ST LOS GATOS CA 95030-5314 503-25-034 DETLEF ALBRECHT OR CURRENT OWNER 20650 4TH ST 1 SARATOGA CA 95070-5893 503-25-037 KLAUS W & YVONNE PACHE OR CURRENT OWNER 20650 4TH ST 4 SARATOGA CA 95070-5893 • • • 517-09-031 517-09-032 517-09-045 GIOVANNA R SCHENINI RICHARD J & LAUREL HESS BONREALTY COMPANY INC OR CURRENT OWNER OR CURRENT OWNER 12591 SARATOGA CREEK DR 3RD ST 14563 OAK ST SARATOGA CA 95070-3538 TOGA CA 95070-6053 SARATOGA CA 95070-6027 517-09-051 517-09-052 517-09-053 MIHAI T & MIHAE POPESCU-STANESTI LEXIE A SMITH JACQUELYN GLASS OR CURRENT OWNER OR CURRENT OWNER 14110 SQUIRREL HOLLOW LN 14613 OAK ST 14611 OAK ST SARATOGA CA 95070-5418 SARATOGA CA 95070-6015 SARATOGA CA 95070-6015 517-09-054 517-09-055 517-09-056 MAGDALENE CANINE JOSEPH A FITZPATRICK TONY & SHARON CHANG OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14607 OAK ST' 14605 OAK ST 14603 OAK ST SARATOGA CA 95070-6015 SARATOGA CA 95070-6015 SARATOGA CA 95070-6015 517-09-058 517-09-059 517-09-060 MICCHEL K POSTAS MIKE G & MONICA SAUNAS PATRICK. KIRK 438 W CAMPBELL AVE PO BOX 2080 1546 MONTALBAN DR CAMPBELL CA 95008-1953 GILROY CA 95021-2080 SAN JOSE CA 95120-4829 517-09-061 517-09-068 517-09-069 PETER LA BARBERA CALI INVESTMENTS POLLACK PROPERTIES II LLC PO BOX 26190 14510 BIG BASIN WAY 14500 BIG BASIN WAY SAN JOSE CA 95159-6190 SARATOGA CA 95070-6090 SARATOGA CA 95070-6076 517-09-072 517-09-073 517-09-071 JAMES B SCHREMPP RAY D REDMON EUGENE ZAMBETTI OR CURRENT OWNER OR CURRENT OWNER PO BOX 34 14587 OAK ST 14589 OAK ST SARATOGA CA 95071-0034 SARATOGA CA 95070-6075 SARATOGA CA 95070-6075 517-09-074 517-09-075 517-09-076 WALTER MILLER GARY D ALFORD JAMES P LALLY OR CURRENT OWNER OR CURRENT OWNER 68-1050 MAUNA LANI POII~TT D D304 14591 OAK ST 14593 OAK ST KAMUELA HI 96743-9781 SARATOGA CA 95070-6075 SARATOGA CA 95070-6075 517-09-077 517-09-080 517-09-081 PATRICK MCGILL RICHARD & ANGELA JOHNSON TIONG C & CANDICE ONG OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14597 OAK ST 20578 3RD ST 20582 3RD ST SARATOGA CA 95070-6075 SARATOGA CA 95070-6053 SARATOGA CA 95070-6053 517-09-084 517-09-085 517-09-086 WILLIAM & LORRAII~TE WRIGHT DERALD R KENOYER CHARLES M & DIANE SKINNER OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 20661 5TH ST 1 20661 5TH ST 2 20661 5TH ST 3 SARATOGA CA 95070-6803 SARATOGA CA 95070-6803 SARATOGA CA 95070-6803 9 087 517-09-088 517-10-002 D SHEN MICHAEL J & ALII`TA MORETTI H O & M ZAKERANI OR CURRENT OWNER 530 IRVEl~T CT 5911 VISTA LOOP 20661 5TH ST 4 PALO ALTO CA 94306-3950 SAI`T JOSE CA 95124-6528 SARATOGA CA 95070-6803 517-10-003 PATRICK J FITZSIMMOI~TS OR CURRENT OWNER 14534 OAK ST SARATOGA CA 95070-6087 517-34-002 ~ PRASENJIT BARDHAN 1648 MARIPOSA AVE PALO ALTO CA 94306-1026 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 517-10-047 SARATOGA UNIONS D 20460 Forrest Hills Drive SARATOGA CA 95070 517-34-003 SAMUEL SCOTT 922 BICKNELL RD LOS GATOS CA 95030-2112 517-34-006 GARY D ALFORD OR CURRENT OWNER 14543 OAK ST SARATOGA CA 95070-6074 CITY OF SARATOGA ATTN: THERESE SCHMIDT 13777 FRUITVALE AVE SARATOGA CA 95070 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 •i • ~~ • Attachment 3 C~ J ~ ~ . ~ Attacbxnent: Neighbor Noti£icatiou Form CSity of Saratoga f ~ Neigb~bor Notification Form . -Date: Olv plzor>/cr,A,ADxFSS:145Z~p~fla ~Q:3 f b( Wad Applicant Nat~pe: I T~Ft ~ ~ ~ (~~' L_.,~ Application Numbez: ODD ^ (gyp I IG4 N ~ ~ TI 0 N A L USA PEi~ Ml-T~~.S 1 ~:Iy .Q~yt. ~yy Staff and the Planning Commission prefer that neighbors take this opportunity to express any concerns or issues they may have directly to the opplicant. 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. ' y signature below certfes the following: I have reviewed the project plans; l un erstand the sco e o work; and I do NOT have any concerns or issnes whicit need to be address by the applicant prior to the City's public hearing on the proposed proj ect. ' OMy signature below certifies the following: I have reviewed the project plans; Z understand the se a of wo • and I have issnes oX concernts, which after discussion with the applicant, have mot been addressed. My concertaS are the following (please attach additional sheets if necessary): ~i~ l Neighbor Nance: P~'~ tZ L ~ 63Ai~ FS~QA ~ ~ At~ ~ $AtZP,~~A, TTLUST "l~ Neighbor Address: r455o PrLo bras ~ t~ w~,~ ~-~-,b~A cN . ~so~o Pry. ~x 2190, ~t..~.1©se~ ca. ~Sr59 Nei~.hbor Phoxie Number: • _~, . S~ CIl'Y OF ~~ tcr•.... ,D ~~~~~ r P ~ ~ `~~~ Attachment: Neighbor Notification Form City of Saratoga ~ - 2L ' ~~ Neighbor Notification Form Date: PROJECT ADDRESS: l4SZ ~ ~(~ ~A~ ~ (~( 1~1//~~ Applicant Name: M (TGI'~ 1 ~~ C e>T (.-.~, ~~ Application Number: OCD ~" ~ ~ (~GO N O t T(0 M A L US C~ PE2 M I.Tt~S7~51 fn.t~l Q~YI irk 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 }'our opinion at a later date during the actual public review and appeal pe/rinds. PMy signature below certifies the following: I have reviewed the project plaris; I understand the scope of work; and I do NOT have any concerns or issues which need to be address by the applicant pnor 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 oncerns are the following (please attach additional sheets if necessary): , ~- Nei hbor Name: A-(~ -, g ~ K.~ ~~ ~V ~ct'~/oNr~e~P~H~ Neighbor Address: 14555 P I ~ SASt N wQYrjA~-rn~A~ cA gSc~o ofd -- ~~ ~ - ~ ~ ~( Neiehbor Phone Number: ~~ ~~~ ~~ ~~~~ . • ~~ .Attachment: Neighbor Notification Form City of Saratoga . Neighbor Notification Form • Date: ~~v PROJECT ADDRESS: ~4s2 ~ ~(~ ~7~1 ~ t' f`( ~//~~ Applicant Name: ~ 1 ~f'~ ~ 1 1 +~ C ~~ L~ Application Number: OCD^'(~P (~GONOtTlO N,~L USp PEeMiT~S7~If~N 2~V1~1~~ 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. ~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 - - -- _... ~tfie~City's public hearing on the proposed project: HMy 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): >~ L.c~--a~-lo~.f ~ •4f~L..tc.~-a'~j A~~.. C.oNw~-Yto~.11w6 Neighbor Name: ~ ~--~~ A . ~3 2.~ D~~ ~ •, Y° v °J ~° Neighbor Address: (4~ 2 °.~ ~ I C_~ 8451 ~ wA~~ S Acz~.'r'otoA c~°~ So7o . (G2~ L.VGD?' ~'Y~Y~ G,~M~f'S~LL CA~, dJ~B Neighbor Phorie Number: • I~4 • Attachment 4 • • • CJ A. S. E. December 7, 2006 ~~ [~ ~ ~ Q City of Saratoga - DEC 0 7 200G Community Development. Department CITY OF SARATOGA 13777 Frultvale Avenue COMMUNI'I'YDEVELOPMENT Saratoga, CA 95070 Attention: Therese M. Schmidt, Associate Planner RE: Application No. 06-161/Conditional Use Permit and Design Review Location: 14523 Big Basin Way, Saratoga CA-. 95070 ~ - -~ - ~- - -~ Owners: Mitch & Tracy Cutler Subject: Submittal of Plans for Hearing .. - - ... . Dear Ms. Schmidt, ._:~~_- ,- . -~:~.:::~~~~~~, . ;;~:. , ,... Please find attached fifteen sets of reduced s¢ed~sets ~forthe:Deeembar~:13 200.6 ~~ Hearing. , ,... , , _._ , -. Please note: ;=~: =;:. ~-~.~_-: THE PLANS INCORRECTLY INDICATE THE EXISTING:PORCH~!ON THE-ENTRY~ON' ~ ~_ ' -. ` i - GREAT BASIN WAY IS TO BE REMOVED. THE CA~NV,AS_?AV~NIN.G~~WILL-BE.~._ :~_~ _-~~':_ ~.~, .. ;-~~: , . '' REMOVED ONLY. THE WOOD FRAMED PORCH~-~WILL`~RfM'AIN`IN PL'ACE':;`;:: i , `^ ~': '-''~ '.`; r,l THANK YOU FOR PICKING UP THE ERROR IN THE` PLANS!_? FINAL :FLANS ARE-; : ' = ~-. '' '' ~` ' BEING CORRECTED. - ,p ully ubmitted arles~Cunningham; Architect' •- ASE' Conculting Engineering Inc. • 111 W. St. John Street, Suite 950, San Jose CA. 95113 408/999-6636 FAX 408/999-6638 shawnm cr,att.riet masoudmnatt.net charlescncomcast.net n I I j ~ ~ ~ ;z; O N v Cc~l + ~ f ~~ m - ~ ¢ m O ~R- U ~ ~ m U ~ m ~ ~ m 0 Q , v ~ v z ~ sQ o Q i w wi~ g ~= a w_ rc II ~ I J}~(~ ~~k ~{ p~~ d l } ~(jY mO~ U-II1P ~ I °~ ~ w~~m ~ wma~ Y Z Neap }l~i ~.d' ~n ~Q~~ d~<QF~I y~~Q~i z „mQ~a ~~=oQ i ° <° pg l Jl~l)m W1z F~WP OL' >FI~P O C: im~m Z UOdm00 J z Od~~01 U "' ;~~ a .3F"mb Q..W'I?03Q =ice OmQ= ~ F and ~IdV=wa W ~. 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W _ ~~.~~~ O W a " ~~ g~~ c ~ I I I ~ ~~ g LL ~ W w ~ ~ I I ~~~ _ ° ~ ~ ~~ ~ZwZ a LL N ~ a ~ ? Y ~ ~W H(n ~-o Ud ZO ~ I ~ ~~~~ I ~~ ~ ~ a Z N ~ZI ~~ ~~ a °~ .o-,a .L-,o1 .e-.61 p ~ ~ r N ~ • . • CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME ADDRESS S SUBJECT c') ~Z„~M t c~ ~-f~ S~(c~c~ tN o AGENDA ITEM NO. S DATE ~'~-~t 3 ~~6 TELEPHONE NO. ~ OS -'7 3 ~ O TIME OF DAY CARD IS FILLED OUT ~ PM (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 t ~ `~ ~..~..i S t-1 ~,L-M ~. i7 ~ ADDRESS 1 ~ ~ (Q ~ (~ l (9- ~ ~- ~ 1 ~ ~/ ~-~/ SUBJECT ~ LU_ ~ ~L.Ci Lf~ ~ M-~o'T~ AGENDA ITEM NO. ~ DATE TELEPHONE NO. ~ fs Z// -S ~'~ 3 TIME OF DAY CARD IS FILLED OUT (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO A/DDRESS,T!HE PLANNING COMMISSION NAME ~~ / ~..s,/~J ADDRESS SUBJECT AGENDA ITEM NO. DATE /a ''/~-~~~ TELEPHONE NO. ~S~Z'~~~'~-- TIME OF DAY CARD IS FILLED OUT ~ ~~"~ z,~ pi/~ (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 TO ADDRESS THE PLANNING COMMISSION NAME ~ Q' i~l, I ~ ~ . Y'~ Y10. Y~ Pf~ ADDRESS ~ ~(~`Zc~ ~a_ ~cs7~ ~~"'~ -- SUBJECT ~~r~~~r AGENDA ITEM NO. `; DATE ~' t ~ TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT 7 ~ ~ ~~ ~~ (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME ~-~ r ,) 1 C. ~ ~1 ~1L ADDRESS / y .~y3 ~~~; /r,~3, ~' ~A ~/ SUBJECT C r rs4~~~~~. AGENDA ITEM NO. ~D~ ' ~3 (~ DATE !'~ ~~ ~ 6 TELEPHONE N " ~ 7Yi j//S TIME OF DAY CARD IS FILLED OUT ~~ ~ o/d ~ (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. - a CITY OF SARATOGA 1 ~ REQUEST TO ADDRESS THE PLANNING COMMISSION NAME- _ ~ CS.. ~ V~ ~ ~ ~.--~-e~ ADDRESS ~ G ~ f~ (~ ~ ~ Lv ~. SUBJECT ~' ti ~-•. baLV' ,c,`,~.~,v., S AGENDA ITEM NO. DATE TELEPHONE NO. ~ °~~ ~ ~1 TIME OF DAY CARD IS FILLED OUT (Please read instructions on reverse side) -~'7~ ~~ ,._~r- ANY PERSON DESIRING T 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 of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. :~- .-:~:.. ~,.,~, <o; ter:, - ~~,.,~~ .~ ~ .> ~;~,.a. ~;:s~t~ , `~-y ~.