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HomeMy WebLinkAbout06-13-2007 Planning Commission Packetor wiu./(Atti5 AvG SUBJECT CG M f 414 CIP)1 4 -6 AGENDA ITEM NO. 3 DATE G11 f TELEPHONE NO. 4 0 L ,c TIME OF DAY CARD IS FILLED OUT6 1:1# NAME ADDRESS CITY OF SARATOGA RE UEST TO ADDRESS THE PLANNING COMMISSION 4 (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 /'C 5 C f7 ADDRESS e 1� �L�C a a SUBJECT 5 (lei S (JS -e,. AGENDA ITEM NO. DATE /3 TELEPHONE NO. 3 --`9 9 2 V.S pkt TIME OF DAY CARD IS FILLED OUT (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PL NING COMMISSION NAME -PVT ADDRESS a r SUBJECT e,,t-io AGENDA ITEM NO. DATE TIME OF DAY CARD IS FILLED OUT (Please read instructions on reverse side) TELEPHONE NO. 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 Fr' tea es 0 \SoC tl ADDRESS I U Z7) J\ c f p SUBJECT I ie� t 6, C ,1 f1 v pr 04 or RAC AGENDA ITEM NO. DATE TELEPHONE NO A� 3 fig TIME OF DAY CARD IS FILLED OUT 1% 9) r%'" (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 QUEST TO ADDRESS HE PLANNING CON IISSION NAME i 1' cki ,..J a l3 Li C ADDRESS J 7 7 0 ro SUBJECT 4 t 2 4 C AGENDA ITEM NO. J DATE 6, 7 22 a 7 TELEPHONE NO.37 9-0t6 5 TIME OF DAY CARD IS FILLED OUT e-t) f r( (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 THE PLANNINC�r.�OMMISSION NAME C..v \VJ a... l ADDRESS r NM, SUBJECT 3 t 5 AGENDA ITEM NO. DATE cif3 TELEPHONE NO. ?ta^' C t :J c TIME OF DAY CARD IS LED OUT 7 P V (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNIIIG COMMISSION NAME /16 414D 1 U`e/ ADDRESS C) M l, P4 0 14 SUBJECT c- -1( D 17 C AGENDA ITEM NO. DATE TELEPHONE NO. C a 7 a TIME OF DAY CARD IS FILLED OUT la 6° (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 /1 Nom-/ J ci 1 Y_l ADDRESS l 3 I 77 R)( V(_ �Y SUBJECT Ac C h C ;K AGENDA ITEM NO. DATE 7//3 ©7 TELEPHONE NO. 9w A TIME OF DAY CARD IS FILLED OUT i e (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 DQr )ILP ADDRESS 1 f 15 P-a- 101. v" 01. SUBJECT Pa c4 c4 Cis c� AGENDA ITEM NO. .3 DATE I /O'TELEPHONE NO. 3‘11,14G0 TIME OF DAY CARD IS FILLED OUT c .1-1S NAME (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME ADDRESS (8451 65 �r� SUBJECT Lor k tOAcs Cam AGENDA ITEM NO. 3 DATE to 13 O -TELEPHONE NO. L °Z t S 0 TIME OF DAY CARD IS FILLED OUT (O (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME i 1 v1 I GL I` l ADDRESS I 7 c0 Z S e r Q as C4- SUBJECT CA P S er ra%v. Ci/La/1rc AGENDA ITEM NO. 1+ 3 DATE ((t 3 TELEPHONE NO. 7- 71 7 TIME OF DAY CARD IS FILLED OUT L i/s (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLLANNNING COMMISSION NAME .F� ,V W ADDRESS /81 s`� SUBJECT ST( N S AGENDA ITEM NO. 3 DATE 4// 3 2 6 7 TELEPHONE NO. --l3 8-7 TIME OF DAY CARD IS FILLED OUT 6 3/ 7 6 (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 f?o 84A 2 ADDRESS (ci3 F(C4 C4M Nb 0 o NAME SUBJECT AGENDA ITEM NO. 3 TIME OF DAY CARD IS FILLED OUT DATE (Please read instructions on reverse side) TELEPHONE NO. 1 q) 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 n' dC (91 SUBJECT 77 Imo,, AGENDA ITEM NO. DATE /r V() 7 TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT 6 C,6S ADDRESS 5 (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. NAME CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION &'J1c- /((5 ADDRESS f 3"7 5 q 5 e C SUBJECT t t t b AGENDA ITEM NO. 3 DATE 4)6 i3/ .o7 TELEPHONE NO. CP q g TIME OF DAY CARD IS FILLED OUT Ca i K S (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME -J o i./ J /3- 2;/, mom/ e/ ADDRESS g 6 6 i/ O Al 4,6 ,5;t9-,e-.1- O Q/P- SUBJECT 3l 4ic =�Yf 5 e:// c AGENDA ITEM NO. DATE TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT o 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 J 0 c I Fe i(0 ADDRESS I e 0 SUBJECT AGENDA ITEM NO. 2) DATE to /43 TELEPHONE NO. f i v n ccil 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 DRESS THE PLANNING COMMISSION I D NAME c G (A eeLe✓— ADDLES 3X158 v A/sa SUBJECT C I1 RC 1-1 ON A Lt... D AGENDA ITEM NO. DATE 13 07TELEPHONE NO. 7 TIME OF DAY CARD IS FILLED OUT oo pr' 1 (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 O ADDRESS THE PLANNING COMMISSION NAME W 1 f) 1-e Fib s t g') ADDRESS ((i&i•C. CCJ�('t�dVlcs SUBJECT -Si. Alf ao AGENDA ITEM NO.3 DATE 6 /d7 TELEPHONE NO. a 0 TIME OF DAY CARD IS FILLED OUT t 5 i ,m (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. NAME CITY OF SARATOGA REQUEST TO ADDRESS k.,R THE PLANNING COMMISSION Jam'" See:54. ,+4 ADDRESS r:,9e) C6 3 A Tz N t E L Au SUBJECT ANe.,c= L �1,t F� t �J�Z7 POIDO (Please read instructions on reverse side) AGENDA ITEM NO. 3 DATE g/ 3 tr'7 TELEPHONE NO. 1/' T .Z 8 TIME OF DAY CARD IS FILLED OUT 1 x'y 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 4 /2 e!? e lSo s2 r4 a. F c eV C`i c ADDRESS `t ome 2038/ SQ Gc)ui a 4-- SUBJECT Alc4 AGENDA ITEM NO. DATE 4/i3 TELEPHONE NO. rt,i4 *go TIME OF DAY CARD IS FILLED OUT .7;3 i (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE P ANNING COMMISSION NAME ADDRESS SUBJECTSi ,c1 i1( \dl AGENDA ITEM NO. DATE TIME OF DAY CARD IS FILLED OUT (Please read instructions on reverse side) ELEPHONE NO. jy 3 5 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 (""E ADDRESS f SUBJECT Jj AGENDA ITEM NO. DATE TELEPHONE NO. 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. NAME ADDRESS SUBJECT CITY OF SARATOGA R EQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM NO. DATE TIME OF DAY CARD IS FILLED OUT (Please read instructions on reverse side) v\kki TELEPHONE NO. 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 VV LO 4' ADDRESS 2 �j L= C 1.-- Lxi t�-'� 5 clA- A ✓4' 596 4 SUBJECT l r3 i AGENDA ITEM NO._ DATE h 3107 TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT 9 P (Please read instructions on reverse side) ANY PERSON DESIRING TO ADDRESS THE PLANNING COMMISSION: Please approach the rostrum and, after receiving recognition from the Chair, state your name and address and process to comment upon the agenda item you wish to discuss No member of the audience will be called upon to address the Commission on any subject during the time that the members are discussing the item. Following discussion, and prior to a vote, the Chair will recognize any member of the audience who wishes to speak on the subject. Speakers will be recognized in the order these cards are filled out. You are welcome to attend all Planning Commission meetings, and your interest in the conduct of public business is appreciated. CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME C` AI L� S WAL Tr N ADDRESS k./ ALLCNOAue A E ctfulacH SUBJECT AJI. kc.- 1- 144.,S C- 1-1()AC SUP AGENDA ITEM NO. DATE 6//7 TELEPHONE NO.� 4I18 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. (Please read instructions on reverse side) CITY OF SARATOGA REQUEST TO ADDRESS THE PLANNING COMMISSION NAME J D c ,V 1 Cr( ADDRESS 7— L4 Z0 ANA VISTA 1.—¢p LL.A5 Te -;(2. SUBJECT S M l c-t-f A L-- �r f /Z, tic AGENDA ITEM NO. DATE 3'U7 TELEPHONE NO. 3 (37— TIME OF DAY CARD IS FILLED OUT 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 REQUES NAME �n.VW/ ADDRESS :S SUBJECT S0�� dv 0 AGENDA ITEM NO. DATE (o 3/ TELEPHONE NO.C4 o v L.7 -x363 TIME OF DAY CARD IS FILLED OUT e (L1A (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 ADD SS THE PLANNING COMMISSION V-o• b21 ADDRESS 0 0 5 9 e k SUBJECT .'1- M ■C.S AGENDA ITEM NO. DATE W/ TELEPHONE NO. d TIME OF DAY CARD IS FILLED OUT C1 NAME (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. ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. APPLICATION #07 -384 P:\PC SITE VISITS \Site Visits\2007\SVA 061207.doc CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, June 12, 2007 3:30 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA 18870 Allendale Avenue St. Archangel Michael Serbian Eastern Orthodox Church 2. APPLICATION #07 -297 15374 Madrone Hill Road Whitney 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. PLEDGE OF ALLEGIANCE: CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, June 13, 2007 7:00 p.m. PLACE: Council Chambers /Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Joyce Hlava, Rishi Kumar, Robert Kundtz, Susie Nagpal, Linda Rodgers, Yan Zhao and Chair Joyce Hlava MINUTES: Draft Minutes from Regular Planning Commission Meeting of May 23, 2007 ORAL COMMUNICATION: Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters' not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF: REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 7, 2007. REPORT OF APPEAL RIGHTS: If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR: None PUBLIC HEARINGS: All interested persons may appear and be heard at the above time and place. Applicants /Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #07 -299 (366 -57 -003) Cheadle, 20865 Wardell Road, Lot C; The applicant requests Design Review Approval to construct an approximately 6,800 square foot, two story single family residence with an attached garage. The maximum height of the proposed residence will not be higher than 26 -feet. The net lot size of the parcel is approximately 1.4 -acres and the site is zoned Hillside Residential (HR). (Chris Riordan) 2. APPLICATION #07 -297 (517 -22 -024) WHITNEY, 15374 Madrone Hill Road; The applicant requests Design Review approval to construct a new two -story single- family dwelling. The dwelling will consist of approximately 5,124 square feet of gross floor area and a basement. The height of the structure will not exceed the 26 -foot height limitation. The gross lot size is approximately 2 acres and the site is located in the R -1- 40,000 zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15- 45.060. (Chris Riordan) P: \PC Agendas\2007\Agn 061307.doc DIRECTORS ITEM: None COMMISSION ITEMS: None COMMUNICATIONS None 3. APPLICATION #07 384 (397 01 012) St. Archangel Michael Serbian Eastern Orthodox Church 18870 Allendale Avenue; The Planning Commission has scheduled a Use Permit Modification and/or Revocation Hearing regarding Use Permits 29 and 147 applicable to St. Archangel Michael Serbian Eastern Orthodox Church which is currently the subject of allegations of violation of those Use Permits issued in 1961 and 1968, respectively. Use Permit 29 authorized the "St. Michaels Archangel Serbian Orthodox Church Center." Use Permit 147 authorized "a parish residence, classroom addition, and future sanctuary." City Code Section 15- 06.540 defines a "Religious Institution" as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto." City Code Section 15 -55- 100 authorizes the Planning Commission to modify or delete any conditions of a use permit or impose any new conditions if the Commission makes certain determinations. City Code Section 15- 55.110 authorizes the Planning Commission to revoke a use permit upon a determination that the holder of such use permit has failed to comply with any condition thereof or has violated any applicable provision of the City Zoning Regulations. The Planning Commission will consider whether or not to modify or revoke Use Permits 29 and/or 147. (Jonathan Wittwer) ADJOURNMENT TO NEXT MEETING Wednesday, June 27, 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 June 7, 2007 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 e-mail, please send your e-mail address to planningC saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us P: \PC Agendas\2007\Agn 061307.doc MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, May 9, 2007 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 Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao Absent: Commissioner Hlava Staff: Director John Livingstone, Senior Planner Chris Riordan, Assistant Planner Suzanne Thomas and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE ELECTION OF NEW CHAIR AND VICE CHAIR Chair Rodgers advised that it is time to select the new Chair and Vice Chair. Commissioner Nagpal asked whether this action could be continued since the full Commission is not present with the absence of Commissioner Hlava. She asked if a vote would be necessary to continue this action City Attorney Jonathan Wittwer replied yes and suggested that the Commission take action to place this on the next agenda. Commissioner Cappello agreed that it would be wise to wait. Chair Rodgers advised that the election of the Chair and Vice Chair would be on the next agenda. APPROVAL OF MINUTES Regular Meeting of April 25, 2007. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zhao, the Planning Commission minutes of the regular meeting of April 25, 2007, were adopted with corrections to pages 2, 10, 14, 19 29 and the correction of the spelling of Commissioner Kumar's name throughout. (6- 0-1; Commissioner Hlava was absent) Saratoga Planning Commission Minutes for May 9, 2007 ORAL COMMUNICATION There was no oral communication. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on Maya, 2007:. 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 1.5- 90.050(b). CONSENT CALENDAR There were no Consent Calendar items. Page 2 PUBLIC' HEARING ITEM NO. 1 APPLICATION #07 -275 (386 -01 -026) PEET'S COFFEE AND TEA (tenant)/ K S CO. (property owner); 12148 Saratoga Sunnyvale Road: The applicant requests a Conditional Use Permit to establish a restaurant in an existing approximately 2,400-square foot vacant tenant space, which was formerly occupied by a title company. The site is zoned C -V. Associate Planner Suzanne Thomas presented the staff report as follows: Reported that the applicant is seeking approval of a Conditional Use Permit, Sign permit and Design Review Approval to establish a new coffee and tea. shop at 12148 Saratoga- Sunnyvale Road. Explained that this tenant space is located at Park Saratoga Center, which is at the corner of Saratoga- Sunnyvale Road and Prospect. Said that the site is zoned Commercial- Visitor. Added that the space has been vacant for approximately one year and was previously occupied by a title company. Stated that this use is considered to be a restaurant use and as such per Code requires approval of a Conditional Use Permit by the Planning Commission. Advised that the Saratoga Center has a mix of uses including restaurant, office and medical uses. Said that outdoor seating would be provided in such a way that it would not impede pedestrian traffic. Informed that to meet Fire and Building Code requirements,, two single exit doors are being installed to the front elevation. Changes to the exterior will match existing building materials. Saratoga Planning Commission Minutes for May 9, 2007 Page 3 Distributed exhibits of typical Peet's Coffee and Tea restaurants. Explained that the hours of operation for Peet's is from 5 a.m. to 10 p.m. However, staff is not limiting hours in the conditions of approval in order to offer Peet's flexibility. Said that neighbors were contacted by the applicant both in the center and in the adjacent residential area located behind. Added that staff sent out a 500 -foot notification as well. Reported that no negative comments were received. Stated that the signs would be compliant with the program in place for the Saratoga Center. Said that traffic and parking studies show that no significant parking or traffic impacts will result from this use. Informed that the necessary findings to support the Conditional Use Permit, Design Review Approval and Sign permit can be. made. Said that the residential area behind would not suffer adverse impacts as the building itself buffers the use from the residences. Recommended approval. Commissioner Cappello asked if the customer traffic is heaviest for Peet's in the morning. Planner Suzanne Thomas replied yes. Most of their customer traffic occurs prior to 10 a.m. Commissioner Kundtz pointed out that there is a petition with 66 signatures in favor of this application as well as other independent signatures offering support. He asked for verification that there have been no negative comments received. Planner Suzanne Thomas assured that all comments were positive. Commissioner Nagpal suggested that the outdoor seating be moved more under the trellis. Planner Suzanne Thomas advised that as conditioned the final placement of the outdoor seating would be left to the discretion of the Community Development Director. Chair Rodgers pointed out that there are currently two emergency exits at the back of this tenant space. It appears only one will remain. She asked if this removal of one exit is intentional. Planner Suzanne Thomas explained that those two existing exits at the back of the shop could not be counted against the emergency exit requirements because they are not ADA compliant. Chair Rodgers opened the public hearing for Agenda Item No. 1. Ms. Carol Mazzetti, Real Estate Director, Peet's Coffee and Tea: 40 Reported that Peet's celebrated its 40 anniversary last year. The business started in 1966 in Berkeley. It is a Bay Area institution. Added that they are excited to come to Saratoga. Saratoga Planning Commission Minutes for May 9, 2007 Page 4 Stated that Peet's is different from other coffee businesses in that 50 percent of their sales are coffee beans and packaged teas. They have a huge selection of teas. Reiterated that they are a retail establishment as well as a restaurant. Informed that 40 percent of their business occurs before 10 a.m. and that goes up to 50 percent by 11 a.m. Reminded that some of the other uses in this center are closed on weekends. Said that they believe that this will be a great center for them to be located in. They will fit in well with the other tenants. Added that she has met the other tenants and they are all nice. Said that Peet's construction manager and the landlord's architect are present and available for questions. Commissioner Cappello asked Ms. Carol Mazzetti if the coffee beans would be roasted on the premises. Ms. Carol Mazzetti replied that Peet's has a brand new roasting plant. Every night beans are roasted for all Peet's locations and sent out for use the next day. Commissioner Cappello asked about the timing for deliveries. Ms. Carol Mazzetti reported that they could occur any time allowed by the City. Deliveries are by small truck. Additionally pastries are delivered very early in the morning. Commissioner Kumar asked Ms. Carol Mazzetti how Peet's arrived at the decision to select this particular location in Saratoga. Did they also consider other parts of Saratoga? Ms. Carol Mazzetti: Replied yes, they did consider a number of locations in Saratoga. Advised that Peet's goal is to serve the commuters, mostly from Saratoga, who are going to work toward Highway 85. Added that they wanted to be located on the commute side of the street. Stated that Peet's tends to like to locate near a grocery store but that was not possible to achieve in Saratoga. Stressed that their key objectives when selecting a location are visibility, access and parking. Commissioner Kumar asked if they looked in the downtown area. Ms. Carol Mazzetti replied yes but added that a lack of convenient parking there was a concern. Commissioner Kundtz asked when the majority of packaged beans were sold. Ms. Carol Mazzetti said that the sale of beans is spread out over the day and on weekends. Commissioner Nagpal asked about plans for landscaping in the outdoor seating area. Saratoga Planning Commission Minutes for May 9, 2007 Page 5 Ms. Margaret Trujillo, Construction Manager, Peet's Coffee and Teas: Said that they would be working with the ownership as well as the City. Stated that they will have planters with color. Added that the owners are open to discussion and ideas. Chair Rodgers said that the sidewalk must remain open for pedestrians to go from business to business. Ms. Margaret Trujillo agreed. Chair Rodgers asked if consideration had been given to the slope in the sidewalk as far as placement of outdoor seating. Ms. Margaret Trujillo said that they are open to pushing back the outdoor seating so that it'is located closer to the overhang and storefront. She added that the use of planters might better define that space. Chair Rodgers asked what might be done with the two existing posts. Ms. Margaret Trujillo said that the ownership is willing to somehow enhance those posts. She added that they need time to further discuss and consider all ideas before coming up with the best plan for the center. Chair Rodgers closed the public hearing for Agenda Item No. 1 Commissioner Kundtz: Said that he is happy to see a Peet's in Saratoga. Added that he likes the idea of them selling coffee beans. Stated that the design criteria have been met and he is happy to support this application. Commissioner Kumar: Agreed with Commissioner Kundtz that this is a good addition to Saratoga and said it is something that is solely missing on the eastern part of Saratoga Sunnyvale Road. Informed that people are pretty excited. Added that this area is coming up well and is blossoming. He said he likes the look and feel of it. It's great. Commissioner Nagpal: Agreed that Peet's is a Bay Area tradition and she is happy to have one in Saratoga. Said that she can make the Design Review and Use Permit findings. Expressed appreciation for the details provided by staff in the report. Said that she is fine with having the Community Development Director ensure that a landscape plan is developed that best defines the outdoor seating and offers color. Stressed the need to ensure that seating does not get placed on the sloped area. Saratoga Planning. Commission Minutes for May 9, 2007 Page 6 Commissioner Zhao: Said that Peet's offers good quality products. Added that she too is glad to see Peet's coming to Saratoga. Predicted that Peet's will bring more business to this complex. Said that this is a good location. Advised that she can make the necessary findings to support. Wished Peet's good luck. Commissioner Cappello: Stated "ditto" for me. Said that this is a good fit for Saratoga and for this center. Added that he likes the signage proposed. Agreed that the findings can be made to support this project. Chair Rodgers: Said that while she does not drink coffee, she is happy to see Peet's here, as there are lots of coffee drinkers in Saratoga. Added that it is nice to have them in this location rather than the Village as there are already businesses selling coffee in the Village. Stated that this is a gateway and it is nice to have a more alive feeling at the entrance of that shopping center. Said that she would like to see more definition on the exterior planters and to be sure that the outdoor tables and chairs are located so as not to be on a slope. Suggested the need to do something to make the existing pillars more attractive and /or decorative at the top. Said that she has no objection to the inclusion of benches at the window but understands that this issue is for the discussion between the landlord and Peet's. Director. John Livingstone said he wanted to clarify the condition that leaves the approval of the final patio landscaping to the discretion of the Community Development Director. He suggested that this issue be left somewhat flexible to allow the City the opportunity to work with Peet's over the next 12 months to discover what works well. Commissioner Nagpal asked if there are no permanent conditions for the Use Permit. City Attorney Jonathan Wittwer said just for the commercial Design Review Approval. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission approved a Conditional Use Permit (Application #07 -275) to establish a restaurant (Peet's Coffee and Tea) in an existing 2,400- square foot vacant tenant space on property located at 12148 Saratoga Sunnyvale Road, by the following roll call vote: AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Hlava ABSTAIN: None Saratoga Planning Commission Minutes for May 9, 2007 Page 7 PUBLIC HEARING ITEM NO. 2 Ordinance Correction to Section 15- 29.010(b) of the Saratoga City Code relating to height restrictions for fences, wall and hedges. Senior Planner Chris Riordan presented the staff report as follows: Explained that this action this evening is to forward a recommendation that Council adopt an Ordinance correction to Section 15- 29.010(b) regarding height restrictions for fences, walls and hedges. Reminded that a prior Zoning Code Update in 2006 changed the definition. of "yard" to read "setback" to offer much needed consistency in the Code. Reported that an unforeseen consequence of that change went unnoticed until just recently when it became clear that the Fence Ordinance was not enforceable in regards to height in front yard setback areas when it comes to limiting heights to three feet. Recommended that the Commission forward a recommendation to Council to adopt a minor correction as drafted to Ordinance Section 15- 29.010(b). Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission forwarded a recommendation that Council adopt a minor correction to Ordinance Section 15- 29- 010(b) as it relates to height restrictions for fences, walls and hedges, by the following roll call vote: AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Hlava ABSTAIN: None Chair Rodgers realized that the motion and vote were taken without first having opened a public hearing. City Attorney Jonathan Wittwer suggested that the hearing be opened and a second motion and vote occur after the hearing has been properly closed. Chair Rodgers opened the public hearing for Agenda Item No. 2. Chair Rodgers closed the public hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission forwarded a recommendation that Council adopt a minor correction to Ordinance Section 15- 29- 010(b) as it relates to height restrictions for fences, walls and hedges, by the following roll call vote: AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None Saratoga Planning Commission Minutes for May 9, 2007 Page 8 ABSENT: Hlava ABSTAIN: None PUBLIC HEARING ITEM NO. 3 APPLICATION #07 -239 (397 -17 -021) McAfee (property owner), 14494 Nutwood Lane: The applicant requests Design Review Approval to add a 2,177 square foot, single- story addition to an existing 3,833 square foot, single -story, single family residence for a total square footage of 6,010 square feet. The maximum height of the residence will not exceed 23 feet. The net lot size is approximately 40,128 square feet. Zone District: R- 1- 40,000. Director John Livingstone presented the staff report as follows: Explained that the applicant is seeking Design Review Approval to allow the demolition of the majority of an existing home followed by a major one -story addition equaling approximately 6,000 square feet with a 2,800 square foot basement. Described the lot as roughly 41,000 square feet that is located in a court. The court has diverse architectural styles in both one and two -story formats. Said that this home would be reconstructed with all quality materials that include cedar siding, slate roof and a wood garage door. The home will blend in nicely into this neighborhood. Said that no protected trees would be removed and there are lots of trees on this site. Advised that the project meets required findings and that no negative comments have been received from neighbors. Recommended approval. Chair Rodgers asked about the driveway material. Director John Livingstone deferred to the applicant and /or architect. Chair Rodgers opened the public hearing for Agenda Item No. 3. Ms. Margaret McAfee, Property Owner and Applicant: Advised that she moved to Saratoga in 2000 and found it to be a community that embraces the values of her family and offers a quality of lifestyle. Added that she has two daughters. Said that her building and landscape architects are here and all of them are available for any questions. Chair Rodgers thanked Ms. Margaret McAfee for the efforts to preserve trees. Ms. Sarah Small, Project Landscape Architect: Explained that the driveway would be constructed of fine crushed rock (granite) with cobbled boarders. Added that this is a pervious a material as is possible to use for a driveway. Saratoga Planning Commission Minutes for May 9, 2007 Page 9 Chair Rodgers explained that the City is trying to become as "Green" as possible. She asked what is being done to make this a more energy efficient project. Mr. Paul Belotti, Project Architect: Said that on the south side of the property is a larger covered porch, which helps deflect sunlight from the house. Said that they have also relocated large trees to eliminate afternoon sun impacts. Added that the walls are deep and high rated windows would be installed. Admitted that it was not possible to incorporate solar panels on the roof, as that roof is not large enough to accommodate the number of panels it would take to serve a house of this size. Director John Livingstone pointed out that the architect has provided a list that is Attachment #5 in the report. Chair Rodgers closed the public hearing for Agenda Item No. 3. Commissioner Nagpal: Said that this is a beautiful setting. Added that the design is sensitive to this setting and that trees have been preserved, Stated that the Design Review findings can be made. Expressed appreciation for the efforts taken with this project. Commissioner Zhao: Agreed that this is a very nice design that fits well into this neighborhood. Stated that the findings can be made to support this project. Commissioner Kumar: Stated that he agrees this is a beautiful lot. Said that the way the home wraps around existing vegetation was quite well done. Chair Rodgers: Said that she can make all Design Review findings. Expressed appreciation to the applicant for all of the energy saving features as well as for saving trees. Added that this is a lovely design and she looked forward to seeing the house completed. Thanked Ms. Margaret McAfee for her kind words about Saratoga and said that it is nice to have her in the community. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Zhao, the Planning Commission granted Design Review Approval (Application #07 -239) for a 2,177 square foot single -story addition to an existing single family residence on property located at 14494 Nutwood Lane, by the following roll call vote: Saratoga Planning Commission Minutes for May 9, 2007 Page 10. AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Hlava ABSTAIN: None DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Chair Rodgers: Advised that Council denied an appeal of the Planning Commission's decision on the Wordell Road project by a 4 -1 vote. The Planning Commission's action was upheld. Said that in the future Council would be asking the Commission to look at what to do with abandoned properties. However, Council will need to consider where this issue should be placed as a priority on the work plan. Director John Livingstone said that the issue would go back to Council one more time on June 6, 2007. Chair Rodgers: ,Reported that the guidelines for building near streams were adopted by Council. Informed that the Planning Commission decision on the Neal's Hollow development has, been appealed. Said that on May 18 a construction recycling program would be held. Said that legal training with the City Attorney would occur on June 12 Director John Livingstone said that the joint Study Session with Council would be held on June 6 and that any potential topics of discussion should be forwarded to the Chair for use in developing the agenda. Chair Rodgers: Said that the General Plan would go to Council on June 6th Reminded that the Use Permit for St. Michael's Church would come to this Commission on June' 13 COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Cappello, seconded by Commissioner Zhao, Chair Rodgers adjourned the meeting at approximately 8:00 p.m. to a Study. Session on May 22,' 2007, and Saratoga Planning Commission Minutes for May 9, 2007 subsequently to the next Regular Planning Commission meeting of May 23, 2007, at 7:00 P.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk Page 11 City of Saratoga Community Development Department MEMORANDUM TO: Planning Commission FROM: Christopher Alan Riordan, AICP, Senior Planner DATE: June 13, 2007 RE: 20865 Wardell Road Lot C, Application 07 -299 (366 -57 -003) Cheadle Item 1 Staff discovered an inconsistency in the project plans for Design Review application #07 -299 after it was scheduled and properly noticed for the meeting of June 13, 2007. Staff recommends that the Chairperson of the Planning Commission open the item and continue it to a date uncertain. This will allow staff to renotice the project in the newspaper and send notices to the neighborhood prior to the meeting date. REPORT TO THE PLANNING COMMISSION Item 2 Application No./Location: Type of Application: Applicant/Owner: Staff Planner: Date: APN: 07- 297/15374 Madrone Hill Road Design Review David Whitney (Owner /Applicant) Christopher Alan Riordan, AICP, Senior Planner Ve.,- June 13, 2007 517 -22 -024 Department Head,. John Livingston AICP, Dir tor VILLA MO NTALVO 12 4 1 2 7 •••r rj- 4j as Subject: 15374 Madrone 1-'lill Rd APN: 517 -22 -024 500' Radius CASE HISTORY: EXECUTIVE SUMMARY Application filed: 03/20/07 Application complete: 05/21/07 Notice published: 05/30/07 Mailing completed: 05/22/07 Posting completed: 06/07/07 PROJECT DESCRIPTION: The applicant requests Design Review Approval to construct a new two -story single family residence with an attached garage. The maximum height of the proposed residence will not exceed 26 -feet in height. The net lot size is approximately 28,132 square feet and the site is zoned R -1- 40,000. STAFF RECOMMENDATION: Staff recommends the Planning ,Commission approve the Design Review Application with required findings and conditions by adopting the attached Resolution. Staff is not recommending any permanent conditions of approval. 2 R -1- 40,000 Zoning Proposal Code Requirements Site Coverage: Building Driveway Water Tank 1 Hardscape/Pool TOTAL Site Coverage 3,500 sq. ft 5,780 sq. ft 300 sq. ft 4,930 sq. ft 14,510 sq. ft. Maximum Allowable 24,615 sq. ft. (35 Floor Area: Main Floor Upper Floor Garage Basement Area (not FAR): TOTAL Floor Area 2,863.22 sq. ft. 1,733.67 sq. ft 527.55 sq. ft [2,581.7 sq. ft.] 5124.44 sq. ft. Maximum Allowable 5,142 sq. ft. Setbacks: Front (southwest) Rear (east) Left Side (northwest) Right Side (south) 1 -story 2 -story 1 -story 2 -story 196 ft 196 ft 53.5 ft 69.8 ft 90 ft 106 ft 24 ft 40 ft 30 ft. 30 ft 50 ft. 60 ft 20 ft. 25 ft. 20 ft. 25 ft. Height Lowest Elevation Pt. Highest Elevation Pt. Average Elevation Pt. Proposed Topmost Pt. 642 652 647 672.3 (25.3 ft) Maximum Height 673 (26 Feet) Application No. 07-297/15374 Madrone Hill Road STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN DESIGNATION: RVLD (Residential Very Low Density) MEASURE G: Not applicable PARCEL SIZE: 87,854.8 sq. ft. (gross), 70,329 sq. ft. (net) and 28,132 sq. ft. (net 60% reduction for slope adjustment) AVERAGE SITE SLOPE: 42.7% GRADING REQUIRED: 636 CY (563 CY of cut and 73 CY of fill). The 279 cubic yards of grading required to construct the basement is not included in the total. PROJECT DATA: 3 Application No. 07- 297/15374 Madrone Hill Road ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single family residences. PROJECT DISCUSSION Site Characteristics and Project Description The applicant is requesting Design Review Approval to demolish an existing single family residence and construct a new two -story single family residence with an attached garage and a basement in the R -1- 40,000 zone district (The Project). The existing pool and pool deck are to remain. The site is accessed from a private driveway which connects to Madrone Hill Road. Dense vegetation currently exists along the western and eastern sides of the property and would screen the project from road. The proposed structure would be set back 196 -feet from the front property line and 90 feet from Madrone Hill Road. The structure would be set at an angle, which reduces the visual impact of the building so that the building does not appear bulky or massive as viewed from the driveway. Project Design Characteristics The applicant has identified the proposed architectural style of the residence as Tuscan. It would have traditional architectural features including: an earthtone stucco exterior finish with stone accents on the front elevation and chimney, arched windows, low pitched hip roof, and clay tile roofing material. The doors and sectional garage will be brown colored stained wood. The windows will be wood with exterior metal cladding that is also brown in color. The wood window shutters will be a dark red color. Two -piece clay roof tiles with an "earth blend" tone are proposed for the roofing material. The front entry is appropriately scaled and proportional to the building. Utilization of both arched and square windows and a stucco and stone exterior lends interest and architectural integrity to the structure. The two -car garage does not dominate the front facade and it has been well designed to minimize its visual impacts. Staff finds the design of the project to be consistent across facades and sufficiently detailed with high quality materials. The varied rooflines and architectural elements such as stone columns, window shutters, and setting back the second story from the line of the first story will help to break up the massing and bulk of the structure. Additionally, the structure has been designed to accommodate the existing topography of the site. Neighbor Review The applicant has informed neighbors of the project and notification letters have been attached to this staff report to reflect these efforts. No negative comments have been received at the time of the writing of this Staff Report. 4 Application No. 07- 297/15374 Madrone Hill Road Geotechnical Clearance Milstone Geotechnical prepared a Geotechnical Investigation for the proposed project, dated October 2003, which was reviewed by the City's Geotechnical Consultant. As conditioned, the proposal has received geotechnical clearance to proceed. Trees The applicant is proposing to remove seven trees as part of the project, four of which are protected by the City's Municipal Code. The removed trees would include three (3) redwoods and one (1) oak. The total appraised value of the trees is $10,060.00. The project includes a condition that replacement trees of an equal value to those removed are to be planted prior to building permit final. The project also has the potential to impact existing trees on the property that are not proposed for removal. These trees are to be fenced and a tree protection bond of $88,070 is required prior to issuance of a building permit. General Plan Findings The proposed project is consistent with the following General Plan Policies: Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Proposed building materials are earth tone and will not create a significant visual impact to the rural atmosphere of Saratoga. The project will not be visible from major streets. The new structure is proposed in the same general location as the existing residence. In addition, the proposal is well under the impervious coverage allowed for the parcel. Land Use Element Policy 5.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. The home is well designed with detailed architectural features. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in Saratoga Municipal Code Section 15- 45.080: (a) Avoid unreasonable interference with views and privacy. This finding can be made in the affirmative in that the proposed home will be situated on a relatively large parcel with surrounding parcels in excess of an acre; the maximum height of the proposed single family dwelling is 26 feet and 25' -3" is proposed; the building will exceed minimum side -yard setbacks and will provide additional front and rear -yard setbacks greater than required by the Municipal Code; and the proposed home will not unreasonably interfere with neighboring views or privacy as the site has many mature trees that will screen it from offsite views. (b) Preserve Natural Landscape. This finding can be made in the affirmative in that minimal grading and topographical changes are proposed in conjunction with this 5 Application No. 07- 297/15374 Madrone Hill Road project; the majority of the trees on the property will be protected throughout the construction process with fencing; and the project will be constructed in the approximate location as the existing structure so impacts on existing landscaping will be minimal. (c) Preserve Native and Heritage Trees. This finding can be made in the affirmative in that all the Arborists' recommendations have been made conditions of project approval to ensure a high degree of survival for all trees retained on site; existing trees will be protected during the construction process with tree protective fencing; and the applicant will be required to post a tree bond prior to issuance of City permits. (d) Minimize perception of excessive bulk This finding can be made in the affirmative in that the applicant is proposing a neutral color pallet for the exterior building, window trim, doors, and roofing materials as well as incorporating varying rooflines, arched wood windows, and columns to reduce the perception of excessive bulk. (e) Compatible bulk and height. This finding can be made in the affirmative in that; residences in the area are spread out given the minimum lot size requirements and the homes are generally larger in size; the proposed structure is compatible in bulk and height with other homes located in the area; and the home has been designed to follow the topography of the site in order to minimize excessive bulk. (1) Current grading and erosion control methods. This finding may be made in the affirmative in that the applicant submitted a grading and drainage plan, which incorporates appropriate grading and erosion control methods; the proposal shall conform to the City's current grading and erosion control standards; and the proposed construction is in the general area of the existing residence so required grading to construct the project will be kept to a minimum. (g) Design policies and techniques. This finding may be made in the affirmative in that the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. The project will include energy conserving measures that would include 1) upgraded floor, wall, and ceiling insulation, 2) hydronic floor heating, 3) double glazed windows, 4) and an electric exhaust fan that would remove warm air from the attic and thereby decreasing the requirement for air conditioning. Conclusion Staff finds that all of the Design Review findings can be made in the affirmative and the proposal is consistent with the General Plan. 6 Application No. 07-297/15374 Madrone Hill Road STAFF RECOMMENDATION Staffs recommends the Planning Commission find this Application exempt from CEQA and approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval for Design Review. 2. Neighbor review letters. 3. Statement of energy efficiency, prepared by applicant. 4. Project',s conformance with the Design Review Findings, prepared by applicant. 5. Project's conformance with the Residential Design Guidebook, prepared by applicant. 6. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 7. Reduced Plans, Exhibit "A." 7 Attachment 1 RESOLUTION NO. Application No. 07 -297 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Whitney; 15374 Madrone Hill Road WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a two -story single family residence in the R -1- 40,000 zone district. The maximum height of the proposed residence will not be taller than 26 -feet. The net lot size is approximately 28,132 square feet. WHEREAS, Zoning Code Section 15- 45.060 states any new multi -story structure or whenever, as a result of the proposed construction, reconstruction or expansion, the gross floor area of all structures on the site will exceed 6,000 square -feet Design Review approval is required by the Planning Commission. The proposal consists of a new multi -story structure; therefore, Planning Commission review is required prior to issuance of building permits; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single- family residences. WHEREAS, the applicant has met the burden of proof required to support said application for Design Review, and is consistent with the following General Plan Policies: Conservation Element Policy 6.0 Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Proposed building materials are earth tone and will not create a significant visual impact to the rural atmosphere of Saratoga. The project will not be visible from major streets. The new structure is proposed in the same general location as the existing residence. In addition, the proposal is well under the impervious coverage allowed for the parcel. Land Use Element Policy 5.0 -The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. The home is well designed with detailed architectural features. Application No. 07- 297/15374 Madrone Hill Road WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: (a) Avoid unreasonable interference with views and privacy. This finding can be made in the affirmative in that the proposed home will be situated on a relatively large parcel with surrounding parcels in excess of an acre; the maximum height of the proposed single family dwelling is 26 feet and 25' -3" is proposed; the proposal will exceed minimum side -yard setbacks and will provide additional front and rear -yard setbacks greater than required by the Municipal Code; and the proposed home will not unreasonably interfere with neighboring views or privacy as the site has many mature trees that will screen it from offsite views. (b) Preserve Natural Landscape. This fmding can be made in the affirmative in that minimal grading and topographical changes are proposed in conjunction with this project; the majority of the trees on the property will be protected throughout the construction process with fencing; and the project will be constructed in the approximate location as the existing structure so impacts on existing landscaping will be minimal. (c) Preserve Native and Heritage Trees. This finding can be made in the affirmative in that all the Arborists' recommendations have been made conditions of project approval to ensure a high degree of survival for all trees retained on site; existing trees will be, protected during the construction process with tree protective fencing; and the applicant will be required to post a tree bond prior to issuance of City permits. (d) Minimize perception of excessive bulk. This fmding can be made in the affirmative in that the applicant is proposing a neutral color pallet for the exterior building, window trim, doors, and roofing materials as well as incorporating varying rooflines, arched wood windows, and columns to reduce the perception of excessive bulk. (e) Compatible bulk and height. This finding can be made in the affirmative in that; residences in the area are spread out given the minimum lot size requirements and the homes are generally larger in size; the proposed structure is compatible in bulk and height with other homes located in the area; and the home has been designed to follow the topography of the site in order to minimize excessive bulk. (f) Current grading and erosion control methods. This finding may be made in the affirmative in that the applicant submitted a grading and drainage plan, which incorporates appropriate grading and erosion control methods; the proposal shall conform to the City's current grading and erosion control standards; and the proposed construction is in the general area of the existing residence so required grading to construct the project will be kept to a minimum. 2 Application No. 07-297/15374 Madrone Hill Road (g) Design policies and techniques. This finding may be made in the affirmative in that the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. The project will include energy conserving measures that would include 1) upgraded floor, wall, and ceiling insulation, 2) hydronic floor heating, 3) double glazed windows, 4) and an electric exhaust fan that would remove warm air from the attic and thereby decreasing the requirement for air conditioning. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application for Design Review approval are hereby granted subject to the following conditions: PERMANENT CONDITONS OF APPROVAL None CURRENT DEVELOPMENT PROPOSAL CONDITIONS COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A" date stamped May 31, 2007, incorporated by reference. All changes to the approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director's approval. 2. The project shall utilize materials illustrated on a materials board date stamped May 31, 2007. 3. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. b. The following note shall be included: "A maximum of one wood burning fireplace is permitted and it shall be equipped with a gas starter. All other fireplaces shall be gas burning." c. The following note shall be included verifying building setback: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per approved plans." 4. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on -site, and incorporating the New 3 Application No. 07-297/15374 Madrone Hill Road 1. 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. Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 6. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. 7 To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape areas. 8'. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 9. Existing native trees, shrubs, and ground cover, if applicable, shall be retained and incorporated into the landscape plan to the maximum extent possible. 10. Staff shall not approve downgrading to the exterior appearance of the approved residence. Downgrades may include, but are not limited to, garage doors, architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved .plans, which are not deemed a downgrade by staff, shall require a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. 11. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500.00 surplus balance at all times. In the event that the balance is less than $500.00, all staff work on the project shall cease until the balance is restored to a minimum $500.00. 12. Front yard landscaping shall be installed prior to final occupancy inspection. FIRE DISTRICT 13. Applicant shall comply with all Santa Clara County Fire Department conditions. Application No. 07- 297/15374 Madrone Hill Road PUBLIC WORKS 14. Geotechnical Consultant inspect current site conditions, update site mapping, review revised development plans, perform any appropriate supplemental exploratory investigation, and update recommended geotechnical design criteria relating to grading, foundation, basement, retaining walls, and site drainage. Investigation and geotechnical design criteria recommendation shall be prepared for all proposed structures. Appropriate documentation to address the above shall be submitted to the City for review by the City Geotechnical Consultant prior to issuance of permits for project construction. 15. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter(s) and submitted to the City Engineer for review and approval prior to issuance of permits. 16. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, and foundation construction, prior to placement of fill, steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the Project Geotechnical Consultant in a letter(s) and submitted to the City Engineer for review and approval prior to Final Project Approval. 17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 18. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. CITY ATTORNEY 19. Owner and Applicant agree to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Application No. 07- 297/15374 Madrone Hill Road 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 Californi this 13h day of June 2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Joyce Hlava Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 6 Attachment 2 Signa City of Saratoga Neighbor Notification Form PROJECT ADDRESS: /53 74/ /lADedive 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 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: 01 C l�/f RR.LI �MlTh' Date: Neighbor ddress: /6w2 A/Pho e r,v€ ,pct_ 1&D9L Applicant Name: City of Saratoga Revised 10/24/06 P: (Forms Procedureslneighbor notification.doc Neighbor Phone 0020 ?&I If I have any initial concerns with the project I may list them below. My concems are the following (please attach additional sheets if necessary): Date: Application Number: Planning Department City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 1,531- 11/1,L 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 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 PlanningDivision 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 Nary y A I Fi I f t fi e: io Signature Neighbor Address: 1 54 0 MAWS /fat_ b w Neighbor Phone lr 9 0 .a/ d d 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: City of Saratoga Revised 10/24/06 P: Toms Procedureslneighbor no4flcation.doc Planning Department City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 15379 MAD C i /LL 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 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 projectplans. Neighbor Name: 7C/Cl� I it �y� Date: 3 tS t Signature: .P40 15 Neighbor Address: /5 A INDRavt Neighbor Phone \7 0 r) P 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: City of Saratoga Revised 10/24/06 P. (Forms Procedureslneighbor notification.doc Planning Department City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 1533 9 TAA N c� v c Nc' 14% k 1 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 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 plan's 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 fonn 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 Nam Date: ?5 1 f; 0 ""7 Neigh or ess: tie.. 14%1 R& Neighbor Phone O? g72 F.fo0 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 Na City of Saratoga Revised 10/24/06 P: (Forms Procedureslneighbor not fcation.doc Date: Application Number: Planning Department City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 15374 MAD/ZONE /1 £oR-D 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 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 PlanningDivision 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 plan Neighbor NameQ4 G 14 Dix Date: Signature: Neighbor Address: /OD ci HAD/Zoi/& /-/It(. /&j L Neighbor Phone (4or) 8 7 9 f7 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: City of Saratoga Revised 10/24/06 P: (Forms Procedureslneighbor notification.doc Planning Department Attachment 3 Statement of Energy Efficiency Section 15- 45.070 Whitney Residence 15374 Madrone Hill Road Saratoga Ca. 95070 Energy Conserving Features: 1) Insulation on exterior basement walls which are above grade will reduce heat loss. 2) All exterior walls, and attic will have a higher insulation R value beyond that required under state law. 3) Warm Floor Hydronic radiant heat systems will be used in several areas including Kitchen, Front door entrance, Master Bathroom. The fluid storage for the Hydronic system will also circulate in the basement floor which will store heat in its thermal mass during the day which is a passive solar design technique. 4) All windows will be double glazed with windows on the western exposure having a low e coating. 5) Roofing over front and rear decks will reduce excessive heating during summer. 6) A blower which exhausts warm air from the house and attic will reduce the requirement for air conditioning and conserve energy. Attachment 4 Conformance with the City of Saratoga Design Review Findings 15- 45.080 Whitney Residence 15374 Madrone Hill Road Saratoga Ca. 95070 (a) Avoid unreasonable interference with views and privacy The height, elevation, and placement on the site with: (1) Respect to residential structures on adjacent lots does not interfere with their view or privacy as they are located sufficiently upslope that the structure is not visible from their windows or decks (2) Community view sheds. Due to the nature of the property there are no properties or future build able sites which are overlooked by the proposed structure. Privacy is achieved as the residence is located above Madrone Hill Road with many Oaks, Bay, and Redwood trees which obscure the view of the house. The parking area has a retaining wall which will reduce noise to upslope neighbors. The pool and patio areas are located on the center of the lot on the opposite side of the house from the nearest neighbor. The number of outdoor light sources is limited and screened from neighboring properties. (b) Preserve natural landscape: The building site will be the approximately the same as the existing structure. Grade changes have been kept to a minimum and the grading will take place only in existing driveway, basement, or concrete patio areas keeping the natural contours unchanged. There will be no real impact to neighboring areas, developed or undeveloped. (c) Preserve native and heritage trees. The property was surveyed by Arbor Resources David Babby) so the number, size, health and type of trees could be inventoried. The number of trees impacted by the project was keep to a minimum. Suggestions by Arbor Resources and City Arborists in regards to tree protection will be adhered to. (d) Minimize perception of excessive bulk While the new structure is 2 story the 2 story has been pulled back on both sides and rear of the home to minimize the perception of bulk.. Natural looking stone facades and architectural features are used to break up the mass of the structure. The color of the stone, stucco, and tile roofing has been selected to match the 'neighborhood and historical stone structures nearby. Horizontal stone elements further reduce the bulk of the residence. The height of the structure is below the limit calculated 26 ft. above the average grade of the existing structure, and only a small portion of the roof is near this limit and is set back, with the other roof elements varying in height. The use of clay tile roofing, natural looking earth tone stone facades, and dark wood or brown aluminum clad window and door trim integrate well with the environment. Natural tone pavers are used, and the area around the Redwood next to the driveway is covered with natural stone pieces which will have large porous gaps. The retaining wall next to the driveway will have a natural stone facade, be broken into segments, and have vegetation integrated to form hedges. (e) Compatible bulk and height The size is compatible with neighboring structures and very few of the houses on Madrone Hill are easly visible from the roadway. The natural landscaping will be retained which is characterized by many large oak, bay, and redwood trees. There are no adjacent homes with light, air or solar access affected by the proposed structure. (f) Current grading and erosion control methods have been integrated into the grading plan (g). The Residential Design Handbook policies and techniques have been incorporated into the design and is discussed in detail in the attached document: Conformance with the City of Saratoga Residential Design Guidebook Attachment 5 Conformance with the City of Saratoga Residential Design Guidebook Whitney Residence 15374 Madrone Hill Road Saratoga Ca. 95070 Policy #1 Minimize Perception of Bulk The building site will be the approximately the same as the existing structure. The finished first floor elevation will be about 3 feet lower than the existing structure to bring the house slightly down into the grade. The natural hillside contours will not be changed. While the new structure is.2 story the 2 story has been pulled back on both sides and rear of the home as per Technique #2. Natural looking stone facades and architectural features are used to break up the mass of the structure. The color of the stone, stucco, and tile roofing has been selected to match the neighborhood and historical stone structures nearby. Horizontal stone elements further reduce the bulk of the residence. The height of the structure is below the limit calculated 26 ft. above the average grade of the existing structure; and only a small portion of the roof is near this limit and is set back, with the other roof elements varying in height. Policy #2 Integrate Structure with Environment The use of clay tile roofing, natural looking earth tone stone facades, and dark wood or brown aluminum clad window and door trim integrate well with the environment. The building site is located up slope from Madrone hill road with the shared driveway continuing up hill. This assures the house does not interfere with any ridgelines. The presence of many large Oak, Bay, and Redwood trees obscure the house from Madrone Hill Road. Only one structure will be built and the pool is closer to the new, than existing structure. The roof is terraced and natural tone clay tiles are used. Natural tone pavers are used, and the area around the Redwood next to the driveway is covered with natural stone pieces which will have large porous gaps. The retaining wall next to the driveway will have a natural stone facade, be broken into segments, and have vegetation integrated to form hedges. Policy #3 Avoid Interference with privacy Due to the nature of the property there are no properties or future build able sites which are overlooked by the proposed structure. Privacy is achieved as the residence is located above Madrone Hill Road with many Oaks, Bay, and Redwood trees which obscure the view of the house. The parking area has a retaining wall which will reduce noise to upslope neighbors. The pool and patio areas are located on the center of the lot on the opposite side of the house from the nearest neighbor. The number of outdoor light sources is limited and screened from neighboring properties. Policy #4 Preserve Views and Access to Views There are only two properties located above the proposed structure. The structure is not visible from the neighboring houses The living areas of the structure are oriented towards the high quality views. Policy #5 Design for Energy Efficiency The main Living Room is located along a South South West exposure. The structure is angled to bring the decks and main family room to an eastern exposure. The main Living room has a long covered roof overhang and entry Portico to create shade. The structure has been dropped down into grade aprox. 4 feet which further reduces its wind exposure. The natural landscaping will be retained which is characterized by many large oak, bay, and redwood trees which control exposure to sun and wind. There are no adjacent homes with light, air or solar access affected by the proposed structure. The natural slope at the right side of the house forms a berm which helps to shelter the structure from wind. A thermo syphoning roof and high R value insulation in combination with 6 inch framing for the Living room will be used. We are investigating the use of Insulated concrete form walls which would further increase the insulation and create thermal mass. Attachment 6 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 22nd. day of May 2007, that I deposited 28 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to -wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15- 45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: Address: 15374 Madrone Hill Road addresses shown above. APN: 517 -22 -024 that on said day there was regular communication by United States Mail to the enise Kaspar Advanced Listing Services APN: 517 -22 -024 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 13 day of June 2007, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 ,a.m. 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION /ADDRESS: DR07 297 15374 Madrone Hill Road APPLICANT /OWNER: Whitney DESCRIPTION: The applicant requests Design Review approval to construct a new two -story single- family dwelling. The dwelling will consist of approximately 5,124 square feet of floor area The height of the structure will not exceed the 26 -foot height limitation. The lot size is approximately 1.6 acres and the site is located in the R -1- 40,000 zoning district. Design Review 'approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 1545.060. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission's information packets, written communications should be filed on or before Monday, June 4, 2007. 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. Christopher Alan Riordan, AICP Senior Planner (408) 868-1235 May 22, 2007 S wnership Listing Prepared for: 517 -22 -024 DAVID WHITNEY 15374 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -15- 012, 013 VIONTALVO ASSOCIATION ?O BOX 158 ARATOGA CA 95071 -0158 517 -22 -024 )AVID WHITNEY )R CURRENT OWNER 15374 MADRONE HILL RD ARATOGA CA 95070 -6401 517 -22 -042 =RIEDA WANKA )R CURRENT OWNER 5486 MADRONE HILL RD O TOGA CA 95070 -6401 17 -22 -068 :HARLES J' ROMONA BROOKS )R CURRENT OWNER 5355 PEACH HILL RD 5ARATOGA CA 95070 -6402 ;17 -22 -074 )ARRELL E ANGELIN DUKES )R CURRENT OWNER 5329 PEACH HILL RD ARATOGA CA 95070 -6402 17 -22 -083 VM SARAH WALKER )R CURRENT OWNER 5315 MADRONE HILL RD ARATOGA CA 95070 -6401 17 -22 -088 VILLIAM J BARBARA ELFVING )R CURRENT OWNER 5451 PEACH HILL RD ARATOGA CA 95070 -6402 099 AS C JUDITH LAVEY IR CURRENT OWNER 5375 PEACH HILL RD ARATOGA CA 95070 -6402 517 -22 -020 JAMES S PATRICIA RYLEY OR CURRENT OWNER 15401 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -040 G MARILYN SMITH OR CURRENT OWNER 15472 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -043 JOE D STEPHANIE HADDEN OR CURRENT OWNER 15500 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -072 MARY MCCANDLESS 16326 RIDGECREST AVE MONTE SERENO CA 95030 517 -22 -078 JOHN CAROL GIANNANDREA OR CURRENT OWNER 15363 PEACH HILL RD SARATOGA CA 95070 -6402 517 -22 -084 ROBERT M JULIE RINEHART OR CURRENT OWNER 15230 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -091 KATHLEEN MCGUIRE CHAIDES OR CURRENT OWNER 15305 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -100 MEHDI AMINI -RAD OR CURRENT OWNER 15397 PEACH HILL RD SARATOGA CA 95070 -6402 517 -22 -021 YI -JANG ROAN OR CURRENT OWNER 15461 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -041 GARY E LANAYA DIX OR CURRENT OWNER 15404 MADRONE HILL RD SARATOGA CA 95070 -6401 517 -22 -060 HERBERT C HELEN BERQUIST OR CURRENT OWNER 15240 MADRONE HILL RD SARATOGA CA 95070 -6403 517 -22 -073 TONY MASSIE OR CURRENT OWNER 15301 PEACH HILL RD SARATOGA CA 95070 -6402 517 -22 -079 FREDERICK S SHARON ANDRES OR CURRENT OWNER 15255 PEACH HILL RD SARATOGA CA 95070 -6469 517 -22 -087 ROBERT L PATRICIA DALE OR CURRENT OWNER 15419 PEACH HILL RD SARATOGA CA 95070 -6402 517 -22 -092 CHRISTINE CHIDLOW PO BOX 3096 SARATOGA CA 95070 -1096 517 -22 -112 DAVID J TERESA CAREY OR CURRENT OWNER 15320 PEACH HILL RD SARATOGA CA 95070 -6448 517 -38 -001, 002, 003 W L PELIO 14573 BIG BASIN WAY SARATOGA CA 95070 -6801 CITY OF SARATOGA ATTN:CHRISTOPHER RIORDAN 13777 FRUITVALE AVE SARATOGA CA 95070 Advanced Listing Services P.O. 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This Staff Report will discuss such allegations, review these Use Permits as to what is allowed, and recommend a course of action for the Planning Commission ,as to whether or not to modify or revoke such Permits. Owner: St. Archangel Michael Serbian Eastern Orthodox Church Staff Report Preparer: Jonathan Wittwer, Assistant City Attorney and 'John' Livingstone, Community Development Director Meeting Date: June 13, 2007 Use Permits: UP 29 (issued in 1961) and UP 147 (issued in 1968) APN.: 397 01 014 Department Head: John F. Livingstone, AICP Y 4 18870 Allendale Avenue St. Archangel Michael Serbian Eastern Orthodox Church y O �s 1I I e1 .ep �vf4 may It �..w It i� /r N A. EI f i, .Y D A: I ar. -j_.y ti l •�e llf,•O. i J> M i y •w�`r4Y. �ww. i3 a7 l. t C (a gib 1 R ti 1$ E f e j•1 ,f 6� e o -g�� i i I y� O ��/l�� f �O o GG 1` N I K l ....2... .4.5,... •:10, 4 4:1:- f NYA)e: i•>i ■fIM711 AIIrndwl t l�I/ APN: 3911-011-4113.i if a.. 1�. l Z LLS+ -r 5 et; Use Permit Review for St. Archangel Michael Orthodox Church on Allendale Avenue CASE HISTORY PROJECT DESCRIPTION EXECUTIVE SUMMARY 07/10/1961 Use Permit 29 granted 03/25/1968 Use Permit 147 granted 3/14/2007 Planning Commission set 6/27/2007 Hearing to consider modification or revocation of Use Permits 4/11/2007 Planning Commission reset Hearing to 6/13/07 after neighbors' presentation to City Council St. Archangel Michael Serbian Eastern Orthodox Church (hereafter "Church is located at 18870 Allendale Avenue in an R -1- 40,000 Zone District. City Code Section 15- 12.030(e) governs this Zone District and allows "Religious institutions" as conditional uses. Under Section 15- 06.540 of the City Code "Religious institution" is defined as: "a use providing facilities for organized religious worship and religious education and other activities incidental thereto." (emphasis added) The Church has been issued Conditional Use Permits authorizing (in 1961) a "Church Center" and (in 1968) a "parish residence, classroom addition, and future sanctuary." These Use Permits did not contain detailed terms and/or conditions. The Church is currently the subject of allegations by its neighbors of violation of the Use Permits it received in 1961 and 1968. This Staff Report will discuss such allegations, review these Use Permits as to what is allowed, and recommend a course of action for the Planning Commission as to whether or not to modify or revoke these Use Permits. RECOMMENDATION While there are no current violations of the Use Permits by the Church warranting a notice of violation, the Church has agreed to address sign and parking issues to the satisfaction of the City. However, there have been violations of the Use Permits in the past with regard to types of activities which continue in limited (and hence legal) fashion to this date and therefore it is recommended that the Planning Commission make findings and combine and modify Use Permits 29 and 147 by adding specified conditions through the adoption of the Resolution which is Attachment 1 to this Staff Report. A. ALLEGATIONS REGARDING VIOLATION OF CHURCH USE PERMITS Allegations have been made that the St. Archangel Michael Church is in violation of Use Permits 29 and 147 primarily as follows Operation of a Restaurant by virtue of sale of food under a County Restaurant Permit No. PT041583 (issued 05/01/07) 1623 Restaurant 0 -5 Employees; Operation of an establishment engaged in the sale of alcoholic beverages under a State Alcoholic Beverage Control Permit (State ABC License #51613) authorizing a club and catering service; Operation of a Catering Business under a State Alcoholic Beverage Control Permit (State ABC License #51613); Operation of a Public Dance Hall as defined at City Code Section 4- 15.010; Allowing Parking in a location on Church property in violation of City Code Section 7- 45.030(h)(1); Operation of a bookstore without a permit; Installation of externally illuminated signage in violation of City Code Article 15- 30; and Conduct of events creating excessive noise and disturbance, including at inappropriate hours. On the other hand, a "Religious institution" by definition includes uses involving "activities incidental" to "religious worship and religious education." The proper interpretation and application of these provisions of the City Code has led the Planning Commission to set a hearing to consider whether or not to modify or revoke the subject Use Permits.' 3 The City has provided opportunity (with the same deadlines applicable to all) for all interested parties to submit their allegations, positions, and evidence regarding any past or present violations by the Church. Many documents and arguments were received in response, so many in fact that it is impractical to include them all in this Staff Report. In order to accord respect to all of these submittals, they have been placed in a banker's box in the Community Development Department and made available for review by Planning Commissioners and the public. It is fair to say that very thorough and organized documentation and argument has been provided on behalf of the neighborhoods' concerns showing examples of uses (particularly but certainly not exclusively in the past) which do not qualify as "incidental" to "organized religious worship and religious education." Indeed the Church has acknowledged such activities and stated that they would be discontinued. It is also fair to say that very thorough and organized documentation and argument has been provided on behalf of the Church that its current uses have been modified and limited as of 2001 to qualify as legal by virtue of being "incidental" to "organized religious worship and religious education." Staff and the Assistant City Attorney have weighed this conflicting evidence in deciding on the recommendation made in this Staff Report, nevertheless, Planning Commissioners and other interested persons are encouraged to review the materials contained in the banker's box. Incidental Uses for Churches The key to what is allowed as "activities incidental" to "religious worship and religious education" fora "religious institution" is the definition of "incidental." If a use or activity qualifies as "incidental" to "religious worship and religious education," it is legal under the City's Zoning Regulations. The City Code does not define "incidental" uses. However, Section 15- 12.030(a), applicable to the R -1 -40 Zoning District allows "[a]ccessory ...uses located on the same site as a conditional use "Accessory Uses" are defined as "a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on the same lot with the principal use." (15- 06.023, emphasis added). California courts have been surprisingly silent as to what is meant by "incidental" in the context of zoning law. Following is a brief survey of some nonbinding out -of -state case law which has addressed whether a particular use by a religious institution was properly deemed an "accessory" use in a residential district: Uses Held to be Accessory or Incidental Use. Uses held accessory or incidental to religious institutions include: operating a playground and nursery school daycare center, providing a sanctuary for those in need of shelter, feeding the homeless, construction of a home for unwed, pregnant teens, use for administrative functions, and a softball field with lights. In many of these cases the religious institutions pointed to their bylaws or charters to show that charity and recreation were a part of their mission. The City has obtained and reviewed the Bylaws for St. Archangel Michael Church and provided a copy to the neighbor who requested same. Uses Held Not Accessory or Incidental Use. Uses held not accessory or incidental to religious institutions include a cemetery, construction of administration building (with no religious facilities on site), and a large -scale tent camp. Analysis of the Church Bylaws The following portions of the Church Bylaws appear relevant to what would be incidental to purposes of the Church as a religious institution. Article 2 Purpose and Goals provide as follows: The Purpose and Goals of this Church Corporation shall be to: (a) Promote the religious welfare of the people who believe in Serbian Eastern Orthodox Church.. (b) Acquire, maintain and erect religious edifices for the follow Eastern Orthodox religion. (c) Establish and maintain religious instruction and teachings Orthodoxy. (d) Cooperate with and assist other Orthodox groups in matters which enhance the development of Serbian Eastern Orthodoxy. 4 the doctrine of the ers of the Serbian of Serbian Eastern Create, assist and perpetuate social organizations within this religious congregation for the purpose of furthering Serbian Eastern Orthodoxy and to promulgate the religious educational objectives of this church. Behave as useful citizens of the United States of America in the attainment of these goals, and in good spirit, faith and intent obey all federal, state and local laws. In addition, Article 16 Church Property, Section 7 Sources if Income provides as follows: "The needs of the church- school congregation are provided from the income of the church, church- school real estate, funds and endowments, institutions, voluntary donations, offerings and pledges designed for the need of the congregation. Also, from income derived from membership dues, special assessments of its own members, social events, rents, and other sources." This latter provision is important because it establishes that the Church's "religious worship and religious education" programs are supported in part by fundraising events held at the Church, the proceeds of which are then used for Church purposes. Furthermore, in Article 9 of the Bylaws, the duties of the Executive Board are set forth in Section 1. Section 1(g) states that the Executive Board shall "Organize and present programs, lectures, wholesome entertainment, dinners, and other similar gatherings. Special committees may be appointed to prepare these events." Thus, the Bylaws of the Church allow for a variety of activities to be conducted at the Church for the benefit of the members and guests. This type of on -site gathering of funds are common among religious institutions and may qualify as "accessory" (or incidental) to the general Church use of the property provided they do not violate the City Code. Ultimate Determination of What is Incidental Lies With Planning Commissio The ultimate determination as to whether a use is accessory (and hence necessarily incidental) is made by the Planning Commission which is not bound by the Church Bylaws. For example, the Church Bylaw authorizing rental of facilities is subordinate to the City Code which does not allow "non- incidental" rental to third parties if such rental does not directly relate to the Church's purposes. The City's prior communications to the Church and the City Code make clear that for a use to qualify as "incidental" to the "organized religious worship and religious education" of the Church, the events and/or activities: (1) must be directly related to the operation of the Church; (2) must not involve mere commercial rental of Church facilities to the public; (3) must not involve commercial catering for public events; 2 If the Planning Commission determination is appealed, the City Council will make the ultimate determination. (4) must be one of the following: (a) intrinsically religious; (b) directly related to a religious activity (fellowship meeting, etc.); or (c) predominately fundraising for the Church. The Planning Commission may consider other factors that it deems relevant as well. 1. PLANNING COMMISSION JURISDICTION OVER USE PERMITS Saratoga City Code, Section 15- 55.100, establishes the Planning Commission's continuing jurisdiction over Use Permits as follows: "The Planning Commission shall, in all cases, retain continuing jurisdiction over each use permit and may at any time, either on its own initiative or in response to an application 'or request to do so, modify or delete any conditions of a use permit or impose any new conditions if the Commission determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary, to preserve or restore any of the findings set forth in Section 15 55.070 of this Article." Given that "good fences make good neighbors" (Robert Frost), it is also true that good, clear land use permits make good neighbors. The Planning Commission's continuing jurisdiction over the Use Permits in question provide an opportunity to modify the Use Permits to establish clarity as to what is allowed and what is not. In addition to the above authority to modify a use permit, the Planning Commission may also revoke use permits under Section 15- 55.110 which provides as follows: 15- 55.110 Revocation of use permit. A use permit may be revoked upon a determination by the Planning Commission that the holder of such use permit has failed to comply with any condition thereof or has violated any applicable provision of this Chapter. A public hearing on the revocation shall be conducted by the Planning Commission and notice thereof shall be given in the same manner as prescribed in Section 15- 55.060 of this Article. As a general rule, when a permittee has acquired such a vested right a permit may be revoked if the permittee fails to comply with reasonable terms or conditions expressed in the permit granted or if there is a compelling public necessity (where the operation constitutes a nuisance)." (O'Hagen v. Board of Zoning Adjustment. (1971) 19 Cal.App.3d 151, 158 Revocation is considered by law to be a very harsh remedy which requires the strictest adherence to principles of due process. Whenever alternate remedies can achieve the same goal, such as the imposition of additional conditions or controls, these avenues ought to be pursued if feasible. (Id. at p. 165.; Korean Am. Legal Advocacy Found. v. City of 23 Cal. App. 4th 376, 392 (Cal. Ct. App. 1994)) 6 2. USE PERMITS WHICH ARE THE SUBJECT OF THIS HEARING The Use Permits which are the subject of the hearing to consider modification or revocation are summarized below 3 (a) USE PERMIT 29 (attached hereto along with a Report of Findings and a July 12, 1961 Letter from the Planning Commission to Mr. Wesley Kosich) On July 10, 1961, the City of Saratoga issued a Use Permit for "St. Michaels Archangel Serbian Orthodox Church Center." This Use Permit does not indicate what the Church land use would be other than a "Church Center." The attending Report of Findings stated that "granting the application would not materially affect adversely the health and safety of persons residing or working in the neighborhood of the property." No conditions of approval for such use were listed in Use Permit 29. The Church indicates that the "Church Center" actually constructed was comprised of the Classroom (which doubled as a Sanctuary) and the Social Hall. (b) USE PERMIT 147 (attached hereto along with a Staff Report and Report of Findings) On March 25, 1968 the Planning Commission granted a Use Permit "for a parish residence, classroom addition, and future sanctuary on Allendale Avenue." UP- 147 -1. The Use Permit stated that the permit was granted subject to design review and a maximum seating capacity of 150 seats in the new sanctuary. In the customary conduct of City business, Design Review would have been processed', but no documentation of it can be found by either the City or the Church. This may be because neither the future Sanctuary nor the Classroom addition was ever constructed and the parish residence alone does not appear to require Design Review under City Zoning Regulations. A few months after Use Permit 147 was granted, the City sent a letter to the Church requiring "the elimination of the use of the church properties for social activities and events not directly related to the operation of the Serbian Orthodox Church" to the satisfaction of the City. July 16, 1968 Letter to Church (Attachment 3). This 1968 letter is evidence of the nearly contemporaneous interpretation by the City of the limitations of the Use Permit. To be consistent with such letter, the Planning Commission could modify the Use Permits so that Church activities are expressly limited to activities and events directly related to the operation of the Church. 3 In response to a request from the Planning Commission, City Staff have reviewed Use Permits from St. Andrews Episcopal Church and school to determine what conditions, if any, were placed on St. Andrews Church uses. There have been six use permits issued to St. Andrews since 1962 for the general church sanctuary and school, a new classroom, a portable classroom, outdoor athletic courts, an asphalt playground, and a memorial garden. Minimal conditions were placed on such uses. There were three conditions in the 1962 Use Permit for a general church (UP- 44 -1): (1) building site approval; (2) design review; and (3) continuing jurisdiction to protect property right or abate a nuisance. A similar indication of the City's interpretation of the Use Permits can be found in a 1998 Church Newsletter which stated that the City had informed the Church that it could not use the social hall for commercial purposes. In particular, the newsletter stated: "Until May of this year [19981, our significant source of income was rental of the social hall. We are no longer able to use the hall commercially because the City of Saratoga prohibits such use in residential areas... However, the hall can be used for church related activities; i.e. meetings, lectures, Sunday school, banquets,. weddings, etc." Church News Fall Winter 1998. The Newsletter is Attachment 7 to this Staff Report. Furthermore, on April 10, 2001, Father Slobodan B. Jovic sent a letter addressed to the Church's neighbors which further confirmed the City's interpretation regarding the use of the social hall. In this letter Father Jovic stated: "The existing social hall will be remodeled to conform with the newly -built church. This facility is now only used for church related activities. It is no longer rented to the public, and will not be in the future. Financial need was the reason that it was offered for catering. I understand that at times the events reached an unacceptable noise level and caused you some inconvenience, and for that I would like to express to you my sincere apology and do everything in my power to avoid any future disturbance." This letter is Attachment 8 to this Staff Report. This 2001 letter along with the 1998 Newsletter indicate that the Church, in the past, rented the social hall for commercial purposes as a means to generate a significant portion of its income. To establish clarity in the future, it is recommended that the Planning Commission combine and modify the Use Permits to make it express that there is no authorization (even in the event of financial need) for renting the social hall for non church related activities or events. 3. SPECIFIC ALLEGATIONS OF USE PERMIT VIOLATIONS AND ANALYSES (a) The Church has obtained an Environmental Health Restaurant Permit described as "1623- Restaurant 0 -5 employees" from the County of Santa Clara. The issue is whether this violates the City Zoning Regulations or is authorized by either of the Use Permits. On May 1, 2007, the Church obtained a "1623 Restaurant Permit for 0 -5 Employees" (Permit Number PT0415834 Attachment 5 hereto) from the County of Santa Clara This Permit authorizes the preparation and sale of food. Section 15- 06.550 of the City Code defines "restaurant" as follows: 15- 06.550 Restaurant. 4 This Permit is required by City Code Section 7- 25.030(a), among other laws. "Restaurant" means any eating or drinking establishr'nent having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, soda fountain or dining room." (emphasis added) A "restaurant" is not either a permitted or a conditional use in the R -1- 40,000 Zoning District in which the Church is located. Hence, the Use Permits could not authorize a "restaurant" on the Church's property zoned R -1 -40. The question then becomes whether the Church's use involving food preparation, service and/or sale qualifies as "activities incidental" to "religious worship and religious education." If that is the case, then the Use Permits authorize what the Church is doing. According to the Church, it is only preparing and obtaining donations to pay for food for Church members and guests at events directly related to the operation of the Church as a religious institution. Under such circumstances, the Church's Use Permits to operate a religious institution would authorize what they are doing. The City's Zoning Regulations (Chapter 15 of the City Code) are controlling as to any action by the Planning Commission. The fact that the County Environmental Health Permit uses the term "restaurant" in describing the Permit issued by the County does not mean that the Church's use constitutes a restaurant use under the City Zoning Regulations What led to some concern as to compliance with City Zoning Regulations is the fact that the Church ended up on a Website listing for area Restaurants. (See, to this date, the following link: pickarestaurant.com.) The Church responds that it does not know how this occurred. It may have resulted froth the Church having obtained a "Restaurant Permit" from County Environmental Health. The County's "Restaurant Permit" is technically required whenever food preparation for others outside a home is involved and includes mobile food kitchens to serve the homeless. The key to the Planning Commission Use Permit review is whether the preparation and donation for the food is "incidental" to an activity or aspect of the Church's religious worship or education. 9 The incidental nature is relatively clear when the food is served (for example) after a Church worship service as the Church states is the case here. Nevertheless, based on the foregoing and the acknowledgment by the Church that in the past it rented its social hall for commercial catering, it is recommended that the Planning 5 Even in a Commercial Zoning District a restaurant requires a conditional use permit. 6 As used in this Staff Report the term "members" includes parishioners. 7 Ross Kakinami of the County Environmental Health Department was contacted the Assistant City Attorney's Office by phone on May 11, 2007. Mr. Kakinami stated that this type of permit was the lowest level of food preparation permit available meaning it was generally for small -scale food preparation with 0 -5 employees. 8 Likewise, the differing defmition of "restaurant" in City Code Section 7- 25.010 is subordinate to Chapter 15 in the context of Planning Commission review of Use Permits. 9 Catering is not mentioned in the City Zoning Regulations and indeed those Regulations define a "restaurant" as requiring seating capacity and the sale of food or drink for immediate human consumption on the premises. This would not include catering. However, Section 7- 25.010(h) includes "catering services" in its defmition of "restaurant." Commission. combine and modify the Use Permits by adding a condition containing language to ensure that the Church prepares food only for Church members and guests in a manner directly related to Church operations and without doing so in such a way as to become a "restaurant" under the Code. 1° (b) The Church has renewed a Catering and Liquor License from the State ABC. The issue is whether either Catering or the Sale of Alcoholic Beverages at the Church Site violates the City Zoning Regulations or is authorized by the Use Permits. For decades the Church has maintained State ABC Licenses for catering and for serving beer, wine, and distilled spirits on site. These Licenses are renewed on an annual basis (both next expiring on 3- 31 -08). The Catering and Liquor License number (51613) is five digits long which indicates that the original Licenses were granted back in the 1960's or 1970's. According to the State Department of Alcoholic Beverage Control, the Liquor License (Type 51) is a "club" type license and: "Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off -sale privileges. Food service is not required. Minors are allowed on the premises." (See Attachment 4 and/or http: /www.abc.ca.gov /forms /abc616.pdf). (emphasis added) The Caterer License (Type 58) authorizes only on site sale of food to members and guests. See last sentence of Business and Professions Code Section 23399(a) which provides that "[a] caterer's permit under a club license shall authorize sales at these events only upon the licensed club premises." State ABC's counsel John Peirce has confirmed that a Type 58 ABC Permit in conjunction with a Type 51 ABC Permit as held by the Church has this limitation. Additionally, under Title 4 of the California Code of Regulations 60.5(4) (governing a Caterer's Permit): "[a] catering authorization shall not be issued for use at any one premises for more than 24 events in one calendar year, except when the department determines additional events may be catered to satisfy substantial public demand." Note that the California State Board of Equalization defines the term "caterer" as "a person engaged in the business of serving meals, food, or drinks on the premises of the customer, or on premises supplied by the customer, including premises leased by the customer from a person other than the caterer, but does not include employees hired by the customer by the hour or day." The Church indicates that the post worship service meals are provided in a manner which does not qualify as catering." Section 15- 06.550 of the City Code defines "restaurant" to include a "bar. Neither a "bar" nor an "establishment engaged in the sale of alcoholic beverages" is either a permitted or a conditional use in the R -1- 40,000 Zoning District in which the Church is 10 Please also see RLUIPA analysis below. Note that City Code Section 7- 35.020 regulating smoking m certain places provides that a "bar" as defined in Section 7- 35.010 is not a restaurant. However, for purposes of the Zoning Regulations, Section 15- 06.550 prevails. 10 located. Hence, the Use Permits could not authorize a "bar" Or an "establishment engaged in the sale of alcoholic beverages" on the Church's property zoned R -1 -40. The same is true for a commercial catering business. The question then becomes whether the Church's use involving food catering and, service and/or sale of alcoholic beverages qualify as "activities incidental" to "religious worship and religious education." If that is the case, then the Use Permits authorize what the Church is doing. According to the Church, it is has ceased renting its social hall for catering public events and is only catering weddings for Church members. Furthermore, the Church's Liquor License limits the sale of alcoholic beverages to members and guests only, for consumption on the premises and the Church represents that the sale of alcoholic beverages only occurs at events directly related to the operation of the Church as a religious institution. Under such circumstances, the Church's. Use Permits to operate a religious institution would authorize what they are doing. The City's Zoning Regulations (Chapter 15 of the City Code) are controlling as to any action by the Planning Commission. Again, the key is whether the catering or sale of alcoholic beverages is for members and guests only, onsite and "incidental" to an activity or aspect of the Church's religious worship or religious education. This is relatively clear when the catering and sale of alcoholic beverages occurs at a wedding for a Church member. On May 9, 2007, the Assistant City Attorney's Office was informed by John R. Peirce, the counsel for the State ABC, that licenses are renewed by the State ABC in a ministerial fashion provided that the fees have been paid and there has not been cause for discipline. Mr. Peirce advised that concerned neighbors should contact the San Jose District Office of the State ABC to express any concerns regarding the Church's Type 51 and 58 Licenses. Moreover, Mr. Peirce stated that based on his many years at the State ABC that some churches do obtain such licenses. Mr. Peirce further stated that the licenses provide the Church with a vested claim to use their Caterer and Liquor Licenses. According to Mr. Peirce, the City's involvement would be limited to situations where licenses are transferred, modified, or new. In this case, there has been no transfer, modification, or new application. Additionally, the Assistant City Attorney's Office spoke by phone with Robert Martin and Allison Martinez who are investigators with the San Jose District Office of the State ABC. Ms. Martinez explained the "impacts inspection" process whereby the State ABC inspects the licensee to make sure the rules are being followed. If the Church were a "disorderly premises" the ABC would impose fines or revoke the Licenses. Martinez also stated that she discussed the parameters of the Licenses with the Church in April of 2007. 12 Even in a Commercial Zoning District an establishment for the sale of alcoholic beverages requires a conditional use permit beyond that authorizing a restaurant. 13 The Assistant City Attorney's Office also spoke with Deputy Sujey Jaimez of the Santa Clara Sheriff's Department. Ms. Jaimez stated that there were 5 calls to the Church in 2005, 0 m 2006, and 1 so far in 2007. 11 Moreover, Ms. Martinez also stated that the Church simply renewed the license they have had for years. It was alleged that the Church augmented their license to include distilled spirits; however, according to the San Jose District Office, the State ABC merely renewed License No. 51613 in March of 2007. This is the same license they have had for decades and it has long included distilled spirits. Again, however, a based on the foregoing and the acknowledgment by the Church that in the past it rented its social hall for commercial catering it is recommended that the Planning Commission combine and modify the Use Permits by adding a condition containing language to ensure that the Church catering and sale of alcoholic beverages is for Church members and guests on -site in a manner directly related to Church operations. (c) The Church is allegedly conducting "public dances" and/or operating a "public dance hall" in violation of Article 4 -15 of the City Code. The Church hires a dance instructor who works with two Church volunteers to teach and practice Serbian dances to Church members and guests. These events occur more than two times per year. Advertisements or notices of these lessons or events appear on numerous Websites which could be read to invite the public and charge entrance fees. See Attachment 9 containing examples of advertisements for dance events. On the other hand, the Church Bulletin describes' this as being directly related to the Church religious practice but describes an "entrance fee" as being charged. Other documents describe a "suggested donation" rather than an entrance fee and state that "no one turned away for lack of funds." City Code Section 4- 15.020 provides that "[n]o public dance shall be conducted and no public dance hall shall be operated at any location in the City except within the C -C or C -V zoning districts." City Code Section 4- 15.010 provides as follows: "As used in this Article, the following terms shall have the meanings ascribed to them by this Section: (a) Public dance means any dance to which the general public is admitted upon the payment of any fee or charge of admission whatever, or for which tickets, invitations or other admission devices are sold or offered for sale to the general public, or which is given or conducted in connection with the sale of food or beverages in restaurants, taverns, cafes, hotels or any other business establishment to which the general public is admitted, or conducted 14 Catering is not mentioned in the City Zoning Regulations and indeed those Regulations define a "restaurant" as requiring seating capacity and the sale of food or drink for immediate human consumption on the premises. This would not include catering off -site. 15 Please also see RLUIPA analysis below. 16 Attachment 9, describes the purpose of the folklore program. According to the 2006 Announcement, the purpose of the folklore program is "to introduce local adults [to] the Orthodox Christian world view through the rich variety of dances that are performed throughout Orthodox Christian countries." 12 in connection with the operation for profit i of any other amusement or entertainment activity to which the general public is admitted. (b) Public dance hall means any hall, room or place in which a public dance is conducted. (c) Exclusions. For the purposes of this Article, the terms "public dance" and "public dance hall" shall not include or apply to any of the following: (3) A dance conducted by any nonprofit social, fraternal, religious, educational or charitable organization, provided such dance is not conducted on a regular basis. A dance shall be deemed to be conducted on a regular basis if held more frequently than twice a year." (Emphasis added). Based on the May 30, 2007 letter from counsel for the Church and numerous discussions with concerned neighbors this issue elicits two diametrically opposed viewpoints. The Church states that it has an "adult dance program" in which local adults are "introduce[d] to the Orthodox Christian world view through the rich variety of dances [primarily] with the dancers holding hands and dancing in a circle [which] emphasizes a communal culture and an external existence and bond which flows from, the Orthodox Christian world view." (Attachment 9). The Church indicates that other types of dance related activities are always in conjunction with another church event. The church- related events are conducted predominantly for the benefit of members and their guests although some of these events are advertised and open to the general public. On the other hand, the concerned neighbors cite to Subsection 4- 15.010(c)(3) as a basis for limiting the Church to two dance lessons /events per year. It is recommended that the Planning Commission clarify this issue with language that ensures that dance lessons are church- related events and do not evolve into public dances for which admission is charged. Staff recommends that the Planning Commission impose a condition that treats dance classes such as those taught by Loui Tucker as educational classes for the preservation of Serbian Orthodox Christian traditions, so long as advertisement does not invite the general public, the educational aspect is predominate, and no admission is charged (other than a suggested donation clearly noticed as voluntary only). (d) The Church is parking in a setback area or an area which has not been approved for parking in violation of City Code Section 7- 45.030. Dancing at private events such as weddings is exempt because weddings are not open to the public, no admission fee is required, and weddings are traditional Church- related events. 13 Concerned neighbors have asserted that the Church is in violation of City Code Section 1- 45.030 (h)(1) which prohibits the following: "Vehicles, whether motorized or nonmotorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building Code and/or zoning ordinance provisions." This Subsection is a part of Article 7 -45 which is entitled "COMMERCIAL PROPERTY MAINTENANCE. Section 7- 45.010 establishing the purposes of Article 7 -45 uses the term commercial property(ies) twice. Section 7- 45.030 does use the more generic term "property" which could create some ambiguity. The definition of "Property" in Subsection 7- 45.020(f) is as follows: "Property means all nonresidential zoned real property, and all real property upon which a nonresidential use or occupancy exists, including, but not limited to, the entire premises, parking lots, sidewalks, gutters, storm drain systems, driveways, walkways, alley ways and shall include any building and structure located on such property." The "property" where parking is complained of (APN 397 -01 -012) is actually a separate adjoining one -acre parcel owned by the Church but containing a residential rental unit immediately adjoining Allendale Avenue which and a large vacant unpaved rear yard. This property clearly does not qualify as "nonresidential zoned real property" or "real property upon which a nonresidential use or occupancy exists." Hence, Section 7- 45.030(h)(1) is not applicable to the parking complained of. However, City Code Section 15- 35.100 provides that: "[w]hen off-street parking facilities are provided, in compliance with the requirements of this Article, on a site other than the site on which the use or structure to be served by the parking is located, an indenture shall be recorded in the office of the County Recorder designating the off- street parking facility and the use or structure to be served, with legal descriptions of both sites, and certifying that the off street parking facility shall not be used for any other purpose unless the restriction is removed by resolution of the Planning Commission...." Here, off street parking facilities are being provided on a site (APN 397 -02 -012) other than the site on which the use or structure (the Church) to be served by the parking is located. By setting off the phrase "in compliance with the requirements of this Article" with 18 City Code Section 1- 15.010 provides that "Chapter, article and section headings are not part of and do not in any manner affect the scope, meaning or intent of the provisions of this Code." However, the text of this Chapter contains repeated references to commercial property. 14 commas; ambiguity is created. Was the phrase intended to render Section 15- 35.100 applicable only when there is a legal requirement for a newly applied for use to provide a specified number of parking spaces? Was the phrase instead intended to mean that when parking is located on a site separate from the site containing the use that "this Article" requires a recorded indenture? Given the foregoing ambiguity, the City could not effectively prosecute a claim of violation against the Church. However, given the apparent intent of Section 15- 35.100 to require a recorded indenture where parking is being provided on a separate site, the fact that the existing Use Permits did not approve parking for the Church on APN 397 -01 -012, and the fact that the Application for the new Sanctuary does not show parking on APN 397 -01- 012, the Assistant City Attorney has concluded that the Planning Commission has the authority as part of this Use Permit review to add a new condition 'to address whether to allow parking for the Church on APN 397 -01 -012. Staff recommends a condition requiring either a fence or other feature separating the parcel on which the Church is located from APN 397 -01 -012 or a recorded indenture on APN 397 -01 -012 (in concert with a General Plan Amendment to Quasi Public Facility). Compliance with any condition imposed (other than a General Plan Amendment) should be made subject to prior approval by the Community Development Director and the City Attorney. (e) The Church has installed illuminated signs in violation of the City Sign Regulations at Article 15 -30. A Public Records Act email request (with attached photographs of a posting of a rendering of the proposed future Church facilities applied for, a small Cross [approximately five feet tall], and a small sign stating "St. Archangel Michael Serbian Orthodox Church" [approximately five square feet]) was submitted to the City seeking a copy of any permit for first two features listed. The Church states that latter two features have been in place for a substantial number of years. When informed that no permits for any of such features existed in City records, a neighbor complained of a violation of the City's Sign Regulations at Article 15 -30. Below is a list of sign exemptions from the City Code which apply to most if not all of the three features in the photographs. Notably, there appears to be a light fixture at ground level to illuminate the three features. Also, all three features are freestanding. 15- 30.050 Requirement for permit; exemptions. (a) No person shall place, erect, install, or maintain any sign in the City without first obtaining a sign permit pursuant to this Article, unless such sign is exempted under the provisions of subsection (b) of this Section. (b) Except in the case of illuminated signs or any signs that are subject to approval by the City under the terms of any sign program or as a condition of any building site approval, use permit, variance, design review or other approval granted by the City, the following signs shall be exempted from the requirement of a permit hereunder: 15 (1) One identification sign, not exceeding ten square feet in area, which is not free standing. (8) One bulletin board, not exceeding twenty square feet in area and not more than ten feet in height, on the site of a school or religious institution, provided the content of the sign relates to an activity conducted at, or sponsored by, the school or religious institution. (10) Notices required to be posted by law. The Church has assured the City that it will discontinue or remove the illumination of the features in .question. Hence any applicable exemptions would be effective. The rendering of the proposed future Church facilities is in the form of a bulletin board and was strongly encouraged by the City as part of the story pole and noticing process and is not a violation if not illuminated. However, the five square foot identification sign is not exempt under 15- 30.050(b)(1) above because it is freestanding. The Church has stated that it will either obtain a permit for this sign or remove it The same is true for the Cross Hence there is currently no need for the City to issue a notice of violation. (f) The Church is allegedly operating a Bookstore in violation of Article 15 -12. It has been alleged that the Church operates a bookstore in an R -1- 40,000 Zoning District. Under 15- 12.020 and 15- 12.030 of the C ity Code, a bookstore is not a permitted or conditional use in an R -1 Zoning District. Therefore, the question is whether such a use is incidental or accessory to the religious institution. The Church sells books related to the Orthodox faith on a small scale (contained in a small closet -like area in the Social Hall). The general public does not have access to the "bookstore." The proceeds from the sales go to the general Church fund, thus, it cannot be said that the Church operates a "bookstore" within the meaning of 19 Pursuant to City Code Section 15- 30.080 an identification sign approved by permit may be freestanding. 20 As to the cross, it is unclear whether it qualifies as a sign under the City's definition in Section 15- 30.020 (1): "Sign means any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of, attracting attention from the street, sidewalk or other outside public area for advertising or identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area." The ambiguity makes any enforcement for violation of the Sign Ordinance (based on more than one identification sign) unlikely to succeed. Additionally, RLUIPA's protection of religious.exercise would allow at least one Cross in some reasonable location on the Church property. If there is a concern by the Planning Commission that a precedent might be set so as to allow a very large religious feature in front setback areas throughout the City in the future, Design Review may be a more appropriate approach. 16 the Zoning Regulations. Therefore, the Planning Commission may deem the sale of books at the Church as an activity incidental to the religious institution use of the property. (g) The Church causes excessive noise and disturbance so as to constitute a public nuisance. Father Jovic's 2001 `Dear Neighbor" letter acknowledges that some Church events prior thereto had reached an unacceptable noise level and caused neighbors some inconvenience [for which he expressed his sincere apology and pledged to do everything in his power] to avoid any future disturbance." Neighbors have also complained about disturbances from catering trucks at inappropriate hours. Article 7 -30 governs Noise Control in the City and the Planning Commission could, if. it deemed it appropriate, add a new condition based on Article 7 -30 limiting the decibels at the boundary of the Church property and limiting the hours of operation. (h) The Church failed to obtain a City Business License for Recreational Activities, Concerts, Dances, and Similar Activities. The City of Saratoga requires a business license for all business activities carried out within the City. However, the City Code carves out an exemption fot all church related and/or charitable events. See Section 4- 05.160. Hence, the Church is not required to obtain a Business License for recreational activities, concerts, dances, and similar activities so long as the receipts are used for Church purposes. This exemption would apply, for example, to the St. Sava Celebration described in the Church's "Weekly Announcements" Sheet (Attachment 10) including a "Children's Program" and'a "Dance." B. RLUIPA ANALYSIS Under the Federal Religious Land Use and Institutionalized .Persons Act (RLUIPA), the City may not impose or implement any land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, religious assembly or institution, unless the City demonstrates that such regulation is in furtherance of a compelling governmental interest and the regulation is the least restrictive means of furthering that compelling governmental interest. The City's land use regulations may not unreasonably limit religious assemblies, institutions, or structures within its jurisdiction. 21 For one event, the City Code Compliance Specialist made three visits with the decibel meter and found no violation of the Noise Control Regulations on any of those three visits. 22 "4- 05.160(c) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event by a nonprofit religious, educational, charitable, fraternal, amateur theatrical group, military, state, county or municipal organization or association where the receipts, if any, are for the purposes and objects for which the organization or association is formed, and from which no private gain is derived, directly or indirectly, by any person." 17 Section 2000cc of RLUIPA provides protection for religious institutions. In general, the law protects religious institutions from substantial burdens to their religious practice and unequal/discriminatory treatment. The text of RLUIPA is Attachment 6 hereto. Under RLUIPA, the religious entity has the burden of proving that a substantial burden exists. San Jose Christian College v. City of Morgan Hill (2004) 360 F.3d 1024, 1034 -1035. In that case, the court affirmed the district court's summary judgment based on the failure of the appellant to show that the City's neutrally applied zoning requirements and CEQA imposed a substantial burden on the Church in terms of RLUIPA. Id. at 1037. Furthermore, the court concluded that "if the zoning law only incidentally burdens the free exercise of religion, with the law being both neutral and generally applicable, it passes constitutional muster unless the law is not rationally related to a legitimate government interest" San Jose Christian College (2004) 360 F.3d 1024, 1031 (citing Miller v. Reed (9 Cir. 1999) 176 F. 3d 1202, 1206)(emphasis added). In the opinion of the Assistant City Attorney, modification of the Use Permits to the extent recommended will not cause a "substantial burden" on the Church as that term is interpreted under RLUIPA. 1. Exercise of Religious Beliefs If the substantial burden standards are met, the City must show that the modified Use Permit furthers a compelling governmental interest and that the restriction on religious exercise is the least restrictive means of furthering that compelling governmental interest. The City's compelling government interest is the preservation and integrity of the City's already established R -1- 40,000 zone. As stated above, under City Code Sections 15- 55.100 the .City may modify a use permit "to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance." The modification of the Church Use Permits is the least restrictive means of furthering the City's compelling interest because there is no alternative means to clarify the actual parameters of the Use Permits from 1961 and 1968. In the 1990, 9 Circuit case of Christian Gospel Church, Inc. v. San Francisco, the court employed a balancing test in a use permit case under RLUIPA. Christian Gospel Church, Inc. v. San Francisco (1990) 896 F.2d 1221, 1224. In Christian Gospel, the City of San Francisco invoked a zoning ordinance which required a conditional use permit for church development in an R -1 neighborhood. Id. at 1223. The balancing test consists of "(1) the magnitude of the statute's impact upon the exercise of the religious belief; (2) the existence of a compelling state interest justifying the imposed burden upon the exercise of the religious belief; and (3) the extent to which recognition of an exemption from the statute would impede the objectives sought to be advanced by the state." Id. 23 Also see Cal Gov Code 65008 which invalidates discriminatory treatment under various land use laws based on religion. 18 41 2. Equal Protection Under Section 2000cc(b) of RLUIPA governments must treat religious assemblies as they would nonreligious institutions. City Code Section 15- 12.030 lists all the conditional uses in an R -1 zoning district. Some of the nonreligious institutions include: "community facilities "institutional facilities "nursing homes and day care facilities "recreational courts" and "boarding stables." Each of these nonreligious institutions are subject to the same criteria in terms of the need for Use Permits, and the Planning Commission's continuing jurisdiction to modify or revoke such permits. The City endeavors to assure compliance with RLUIPA and appears to have done so. Nevertheless, this Federal Statute requires careful application of City Zoning Regulations. C. Conclusion Based on the foregoing, the Planning Commission should determine if there is any basis to modify or revoke such Use Permits 29 and 147 under the authority granted in City Code Sections 15- 55.100 and 15- 55.110. D. Staff Recommendation While there are no current violations of the Use Permits by the Church warranting a notice of violation, the Church has agreed to address sign and parking issues to the satisfaction of the City. However, there have been violations of the Use Permits in the past with regard to types of activities which continue in limited (and hence legal) fashion to this date and therefore it is recommended that the Planning Commission make findings and combine and modify Use Permits 29 and 147 by adding specified conditions through the adoption of the Resolution which is Attachment 1 to this Staff Report. ATTACHMENTS 1. Resolution 2. Use Permit 29 3. Use Permit 147 4. California ABC Permit for sale of Liquor and Catering 5. County. Environmental Health Permit Restaurant, 0 -5 Employees 6. RLUIPA Section 2000cc 7. Excerpt from Church Newsletter from 1998 8. Letter from Father Jovic to neighbors dated April 10, 2001 9. Church documents related to dance activities (examples) 10. St. Sava Celebration Announcement 11. Notice of Hearing Documentation 19 ATTACHMENT 1 RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the Planning Commission has received allegations of violations of Use Permits 29 and 147 issued to the St. Archangel Michael Serbian Orthodox Church "Church at 18870 Allendale Avenue "Subject Property"); and WHEREAS, pursuant to Section 15- 55.100 of the Saratoga City Cod; the Planning Commission retains continuing jurisdiction over each use permit, as follows: "The Planning Commission shall, in all cases, retain continuing jurisdiction over each use permit and may at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of a use permit or impose any new conditions if the Commission determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 15- 55.070 of this Article. and WHEREAS, the Subject Property is located in a Residential Zoning District (R -1- 40) and pursuant to City Code Section 15- 12.030(e) "Religious institutions" are allowed in the R -1 -40 Zoning District as conditional uses upon issuance of a Conditional Use Permit such as Use Permits 29 and 147; and WHEREAS, under Section 15- 06.540 of the City Code "Religious institution" is defined as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto"; and WHEREAS, the Church has been issued Conditional Use Permit 29 authorizing (in 1961) a "Church Center" and Conditional Use Permit 147 authorizing (in 1968) a "parish residence, classroom addition, and future sanctuary," which Use Permits did not contain detailed terms and/or conditions.; and WHEREAS, in light of the allegations of violations of said Use Permits, the Planning Commission set a public hearing to consider whether or not to modify or revoke such Use Permits; and WHEREAS, the Planning Commission has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, pursuant to the California Environmental Quality Act, the recommended modification of Use Permits 29 and 147 is exempt under CEQA Guidelines Section 15061(b)(3) (because it can be seen with certainty that there is no possibility that the modification may have a significant effect on the environment because any such modification would merely clarify the existing conditions and regulations applicable to the Church) and under CEQA Guidelines Section 15308 (because the modification would merely assure the maintenance or protection of the environment); and WHEREAS, the Planning Commission finds, as set forth below, that for the preservation of the public health, safety, welfare, the prevention of creation or continuance of a public nuisance, and/or the preservation or restoration of adequate basis for any of the findings set forth in Section 15- 55.070 of this Article, modification of Use Permits 29 and 147 imposition of some new conditions is necessary: 1. Finding: The City has previously notified the Church on more than one occasion that certain of its prior activities were not incidental to the Church's organized religious worship and religious education purposes and the Church has acknowledged that this has been the case and stated its intention to correct the situation. 2. Finding: Some advertisements by the Church for its current Serbian Orthodox Dance Lessons have been inconsistent with City regulations governing public dances and the Church has agreed to revise such advertisements. 3. Finding: The Church's illumination of certain signs and use of an identification sign without a sign permit is prohibited by the City's Sign Regulations and the Church has agreed to eliminate such illumination and either eliminate such identification sign or obtain a permit for it. 4. Finding: Some complaints raised against certain of the Church's operations (such as parking on an adjoining parcel owned by the Church) while not unambiguously supported under the City Code warrant imposition of clarifying conditions requiring appropriate action by the Church to assure full compliance with City Zoning Regulations. 5. Finding: Use Permits 29 and 147 contained no detail as to terms and conditions and good, clear land use permits make it easier to assure compliance with City Zoning Regulations. WHEREAS, the Planning Commission fmds that all of the findings for approval required within Section 15- 55.070 of the City Code can be made in the affirmative if Use Permits 29 and 147 are modified as set forth in this Resolution. The following is a discussion of each of the required findings for approval: (a) That the proposed location of the conditiondl use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The use is a conditionally permitted use in the designated zoning district (R- 1 -40). Section 15- 12.010(d) provides that one of the purposes of the residential zoning districts is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Appropriate conditions have been placed on the modified combined Use Permit to ensure preservation of the public health, safety and welfare and prevent any materially injurious impacts to properties or improvements in the vicinity. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. With the modifications required, the Church will comply with each of the applicable provisions of the City Zoning Regulations. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the evidence and the City Code the Planning Commission hereby finds approves the exemption from CEQA (finding that no exception thereto applies), and combines, modifies and imposes new conditions on Use Permits 29 and 147 as follows: COMMUNITY DEVELOPMENT DEPARTMENT 1. Use Permits 29 and 147 issued to the St. Archangel Michael Serbian Orthodox Church "Church in 1961 and 1968 respectively are hereby combined and superseded by this new Conditional Use Permit. 2. This Use Permit confirms the authorization for the use of the structures and parking areas currently located on the real property known as Santa Clara County APN 397 -01 -014 for a Church Center comprised of a classroom (also used as a sanctuary), social hall, a parish residence, recreational fields (including basketball court), parking for all of the same and associated access and other minor improvements. All future changes to the existing structures must be submitted to the Community Development Department in writing with plans showing the changes and such changes shall be subject to the requisite prior City approval. 3 3. The use shall consist of operation of a "Religious institution" which is defined as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto." For a use to qualify as "incidental" to the "organized religious worship and religious education" of the Church, the events and/or activities: (a) must be directly related to the operation of the Church; (b) must not involve mere commercial rental of Church facilities to the public; (c) must not involve commercial catering for public events; (d) must be one of the following: (a) intrinsically religious; (b) directly related to a religious activity (e.g. fellowship meeting); or (c) predominately fundraising for the Church. Any intensification of this use beyond that in existence on June 13, 2007 shall require an amended Conditional Use Permit. 4. The Church is prohibited from using, renting or allowing others to use the Church properties for activities and events not directly related to the operation of the Church. Activities directly related to the operation of the Church include, but are not limited to, Worship services, Sunday school, meetings, lectures, educational programs (including Orthodox Christian dance lessons), banquets, weddings, and fundraisers, so long as they are incidental to the organized religious worship and religious education purposes of the Church and any charges for attendance go to the Church for use for its religious purposes. 5. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 15- 55.070 of this Article. 6. Upon holding any and all prerequisite licenses or permits, the Church may prepare, and serve food to Church members and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship and religious education. The Church may not operate or advertise as a restaurant open to the public as defined in Article 15 -06 of the City Code. 7. Upon holding any and all prerequisite licenses or permits, the Church may serve alcoholic beverages to Church members and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship and religious education. The Church may not operate or advertise as a restaurant (which includes a bar) open to the public as defined in Article 15 -06 of the City Code. 8. Upon holding any and all prerequisite licenses or permits, the Church may provide and charge for on -site catering service to Church members and guests, but only if incidental to the Church's organized religious worship and religious education. This may include weddings and banquets for religious purposes consistent with Church Bylaws. Delivery 410 vehicles and employees for catering services shall not be on -site between the hours of 11:00 p.m. and 9:00 a.m. The Church may not cater off -site events. 9. Public dances are prohibited and use of and Church facility as a public dance hall is also prohibited. Orthodox Christian Dance Lessons are required to be conducted as educational classes for the preservation of church- related Orthodox Christian traditions and shall not be allowed to evolve into public dances. In order to comply with this condition, no advertisement may invite the general public, the educational aspect shall predominate, and no admission may be charged (other than a suggested donation clearly noticed as voluntary only). 10. Activities and events to the extent allowed shall be limited to the time between and except on Friday or Saturday when such hours may be expanded to be between and 11. The Church shall comply with Article 7 -30 of the City Code governing Noise Control. 12. The Church shall comply with all applicable City Code provisions. 13. If the Church intends to, utilize APN 397 -01 -012 for parking, prior thereto the Church shall be required to either: (1) construct a fence or other feature separating the parcel on which the Church is located from APN 397 -01 -012; or (2) record an indenture on APN 397 01 012 satisfactory to the City Attorney and obtain a General Plan Amendment to Quasi Public Facility thereon. Compliance with any condition imposed regarding the fence or other feature separating the parcels is subject to prior approval by the Community Development Director and the City Attorney. 14. As to the identification sign and the Cross, within 60 days the Church shall either: (1) provide proof of prior City approval; (2) obtain a permit; or (3) or remove such features. 15. 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. The Church shall contact Santa Clara County Health Department and verify whether there are any required permits from said Health Department. If required by the Santa Clara County Health Department, the Church shall submit to the Community Development Department documentation from the Santa Clara County Health Department showing proof of compliance of the proposed use and/or development with the Health Department's requirements. 16. Prior to the issuance of this combined, modified Use Permit, the Church shall pay any outstanding fees associated with the City review of the Use Permits 29 and 147 under City Code Section 15- 55.100. CITY ATTORNEY 17. The Church shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively "City") from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the this Permit or contesting any action or inaction in the City's processing and/or approval of this Permit. Section 2. The uses by the Church shall maintain compliance with all applicable requirements of the State, County, City and other Governmental entities having jurisdiction. Section 3. Unless appealed pursuant to the requirements of Article 15 -90 of the 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 this 13th day of June, 2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 6 Joyce Hlava Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission This Use Permit is hereby accepted by the Church upon the express terms and conditions hereof. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within any time frames approved by the City Planning Commission. Property Owner and Permittee Date ATTACHMENT 2 18/29/2002 13:89 8672309 BOGDANOVIC-I AUG- 26-1998 16:30 CITY OF SARATQGA /ADMIN. Xi. Vas1..7 Ionia 1222.5 sesstoy. e *,twee&, California Jul, 12, 1961 408 File No. Dear kr, Ietfeh s At Its meeting on M7 10 1961 the City of Saratoga Planning CommiSSIOh Considered your sppii4 cation tor+ C+4 roma for the *s,_1tl a+►!s Awl aerblso Oatbodaa C4ursb Can;ar. After a careful r4v161r of all the facts submitted and the circomstancea connected with this application the Conan! s S i On voted to that e&ts a 1LUtLi o e ft,�t.sae. The findings of the Commission ars available for your inspection at the office of the Planning Commissio, of the City of Saratoga tt 13777 Fruitvale Avenue, Saratoga, Ca:ifornla. Yours very truly, Secretary, Planning Commission PAGE 07 868 1288 P.C3'10 80 3rydd IOl,ONVUDOG 68EZL98 66 :£T Z98Z /6ZY8T 10/29/2002 13:09 8672389 80GDANOVICH USE PERMIT and /or VARIANCE RESOLUTION •NO. VP.29•2 City of Saratoga Planning Comniseian State of California ,w ..w. �...ra. File 0 UP•29 1)SEREAS. the City of Saratoga Planning Coenission bait received tho appli• cation of St. Micheal@ Archangel setbian Orthodox Chur ►=Canter Vs p' and '.fl AS, the applicant (har) (WON) mot t s burden of proof required to support hie oat) application; NOV, =RCM, BE TT RESOLVED that after careful conoidoration of s•apo. facts, exhibits mad ot cvidonce submitted in this matter, the application for the Vey vet tt. be, and the seen is hereby (granted) (AA4fp/kf). 88 IT FURTIIISA RESOLVED that the Report of Findings attaebed borato be approved and Adopted, and that the Secretary b., and is herab; directed to notify tie parties affected by this dsoiaion. ATTACHMENT 3 10/29/2002 13:09 DOE 'It= andioe VARIANCE 8672389 subJect to the f011oviog condition:4 1. Design Review. 2.. Maximum aeatiog capacity of atm sanctuary shall be 150 oasts. BOGOANOVICH RESCUUTIOR NO. MP-147.1 City of Rotator* Plannina.Commisaion State of Cni/fornin 711a No. ug NIEMAN, the City of Saratoga Planning Commission has received the Applies» $T, ARCHAMEL =RAIL SURiki tion �f usnut OW01= CRUM( for a 4r,kpjUilarj01EtgaLMIZPICg. CLASSROOM ADDITION. s mon SAVVOANT ON ganwasAvtrug aw WHEREAR, the applicatt Ches)'CIOVhApt) met tha boatels or proof required to support bin said applisoloos 101, THEREFORE, SE IT RESOLVED that atter careful consideration of mope, fil4t$, exhibit, and other rvidence tube:daft% in this mottor, the application for the UV O PMENIT be, and the sans is hereby (greeted) MOWN/ DR IT NM= RESOLVED that the Report of ;findings attached hereto be 414. proved end 'adopted, and that the Secretary be, and is hereby directed to notify' the patties affected 7 thie decieion. TASSEO ADOPTLM by the City of Saratoaa Planning Commissions State of California, this AUL,. day of by the following roll call votes AIM Conoissionars Norton, Crisp, ABM, lively. 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OttL.fai seestap Sta1 11. 1411141z planiAns o1re.t.r k ATTACHMENT 4 'License Information 'License Number: 51613 Status: ACTIVE 'Primary Owner: ST ARCHANGEL MICHAEL SERBIAN EASTER ABC Office of Application: SAN JOSE 'Business Name Ding Business As: ST ARCHANGEL MICHAEL SERBIAN EASTERN U RTHODOX CHURCH OF SC VALLEY INC (Business Address Address: 18870 ALLENDALE AVE Census Tract: 5073.01 lcity: SARATOGA County: SANTA CLARA (State: CA Zip Code: 95070 (Licensee information 'Licensee: ST ARCHANGEL MICHAEL SERBIAN EASTER f Company Officer Information Officer: BOZINOVIC RADMILO, PRESIDENT Officer: BOGDANOVICH MARY ESTELLE, SECRETARY /ASST SEC 'License Types 1 1) License Type: 51 CLUB License Type Status: ACTIVE Status Date: Term: 12 Month(s) Original Issue Date: Expiration Date: 31 -MAR -2008 L Master: Y Duplicate: 0 Fee Code: P20 2) License Type: 58 CATERER PERMIT License Type Status: ACTIVE Status Date: Term: 12 Month(s) Original Issue Date: Expiration Date: 31 MAR 2008 Master: N Duplicate: 1 Fee Code: P20 LCurrent Disciplinary Action I No Active Disciplinary Action found i Disciplinary History F.. No Disciplinary History found Itiold Information I No Active Holds found License Query System Data Summary End of Report For a definition of codes, view our glossary. California Department of Alcoholic Beverage Control License Query System Summary as of 5/8/2007 Page 1 of 1 http: /www.abc.ca.gov /datport/LQSdata.asp ?1D 51613000 5/8/2007 Departmerd of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of CaWants ABC -616 (4/04) BEER MANUFACTURER (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises. WINEGROWER (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on die premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated; by and for the licensed. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises. OFF SALE BEER WINE (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. OFF SALE GENERAL (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. SMALL BEER MANUFACTURER (Brew Pub or Micro- brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery is a small -scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. ON SALE BEER (Bar, Tavem) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the premises. ON SALE BEER WINE EATING PLACE'- (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bon fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. 9:00 a.m., 11:00 a.m. 2:00 p.m., and 6:00 p.m. 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. ON SALE BEER WINE PUBLIC PREMISES (Bar, Tavern) 'Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. ON SALE GENERAL EATING PLACE (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. 9:00 a.m., 11:00 a.m. 2:00 p.m., and 6:00 p.m. 9:00 p.m. Premises that are not open fivedays a week must serve meals on the days they are open. Minors are allowed on the premises. ON SALE GENERAL PUBLIC PREMISES (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. ON SALE GENERAL SEASONAL Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ABC-616 (4/04) CLUB.- Authorizes the sale of beer, wine and distilled spirits, to members and guests only,for consumption on the premises where sold. No off -sale privileges. Food service is not required. Minors are allowed on the premises. VETERAN'S CLUB Authorizes the sale of beer, wine and distilled spirits, to members and guests only. for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. SPECIAL ON SALE GENERAL Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises: ON SALE BEER AND WINE SEASONAL Authorizes the same privileges as a Type 41. Issued for a specific season. Inclusive dates of operation are listed on the license certificate._ ON SALE BEER SEASONAL Authorizes the sale of beer only for consumption on or offthe premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the•premises. ON SALE SEER PUBLIC PREMISES (Bar, Tavern)' Authorizes the sale of beer only for consumption -on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors are not allowed to enter and remain (warning signs required). Food service is not required. BED AND BREAKFAST INN Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the premises. ON SALE GENERAL RESTRICTIVE SERVICE Authorizes the sale or fumishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite- type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the premises. ON SALE GENERAL BREWPUB (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the premises. BED AND BREAKFAST INN GENERAL Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic bevera es from the grounds is not permitted. Minors arc allowed on the premises. ATTACHMENT 5 eao+ror +.o,t.aaoo ST MICHAEL SERBIAN ORTHODOX CH 18870 AL.ENOALE AV .SARATOGA, CA 96070 SANTA CLARA COUNTY- DEPARTMENT OF ENVIRONMENTAL HEALTH 1865 BERGER DR, SUITS 300, SAN JOSE, CA 981122716 408-918 -3400 ST MICHAEL SERBIAN ORTHODOX CH 18570 ALLENDALE AV SARATOGA, CA 95070 OWNER NAME ST MICHAEL SERBIAN ORTHODOX CH REGULATED FACIUTY ENVIRONMENTAL HEALTH PERMIT. Factory ID: .FA0213010 Account ID:. AR1277230 Issued: 5/8/2007 Penn PT0416834 1623 RESTAURANT 04 EMPLOYEES Progr mi PR0303281 ST MICHAEL SERBIAN ORTHODOX CH Valid From 6/1/2007 to 4/30/2008 ENVIRONMENTAL HEALTH PERMIT Ban Gale, Director of Environmental Health DISPLAY IN PUBLIC VIEW r. ae PERMIT HOLDER IS RESPONSIBLE FOR THIS PERMIT: Renew on or before expiration date, >t Permit Holder does not nosh. renewal notion present this Permit to the aridness below on or before the expiration date. Late payments are assessed a 25% penally. PERMIT tS NOT TRAM/MANE LE MAY BE REVOKED FOR CAUSE. Permit Is void on change of owner. New owner must anti and pay for permit (s) t 40 operation or penalties will be assessed at 25 TOTAL P.02 ATTACHMENT 6 RLUIPA Section 2000cc "(a) Substantial burdens. (1) General rule. No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution (A) is in furtherance of a compelling governmental interest; and (13) is the least restrictive means of furthering that compelling governmental interest. (2) Scope of application. This subsection applies in any case in which— (A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or (C) the substantial burden is imposed in the implementation of •a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved. (b) Discrimination and exclusion. (1) Equal terms. No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. (2) Nondiscrimination. No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. (3) Exclusions and limits. No government shall impose or implement a land use regulation that (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction." ATTACHMENT 7 C10 In June of 1997, the Board of Directors initiated a pledge program for the purpose of ensuring ongoing monthly income. The response has been good, and as a testament to that, we have listed below those families and individuals who have committed to a monthly donation on a continua! basis. Thanks to the generous contributions of our many parishioners, we were able to supplement other sources of income to meet our financial obligations. Your response is greatly ap reni ed Until May of this year, our significant source of income was rental of the social hall commercial! S aratoga ^ro ib't5 111 -h use in, siden ial areas. The Board of Directors negotiated with the city which allowed us to honor the rentals to which we were committed lino( May 23. However, the hall can be used for church related activities; i.e., rneetings, lectures, Sunday school, banquets, weddings, etc. Of course, income has dropped dramatically, but our parishioners have come to the rescue and generously donated much more than their pledge. The pledge continues into its second year. If you have not joined yet, please do so by filling out the form which follows and send it to the church at P. 0. Box 2355, Saratoga 95070. The financial health of our church is the responsibility of all of us. It needs everyone's involvement to run smoothly...to adapt itself readily to changing social and financial needs...and to lend itsel to op erating under the LL1n 1 1 1 4 PLEDGE PROGRAM 1. 0 highest standards. -o0o— H y 5 7-9 14.1)41 Bozinovich, Radmilo Bogdanovich, Eli Mary Chuck, Don Chuck, Millie Ducich, Marko Galeb, Slobodan Houston, Shelly lvanich, Branislav lvancovich, John lvanovich, B. Janjich, Branko Jovich, Mickey Komenovich, Robert Krainovich, Jovanka Krnjaic, Milovan Krtolica, Vukasin Ljepava, Mel Millie Lukic, Tihomir Liia Milosovich, Chris Scullin, Branka Pajovich, Miroslav Perazich, William Popovich, Dragomir Prescop, Steven Prescop, Alex Sabanovich, Robert Sredanovich, Vojo Stepanenko, Halyna Topalic, Maria Vidovich, Jovan Vidovich, Nikola Vrcelj, Michael Vuckovich, Stan Zivkovich, Miroslav (Please contact Vojo Sredanovich f244- 7176] if you are a monthly pledger and your name has been inadvertently omitted.) ATTACHMENT 8 ST. ARCHANGEL. MICHAEL S.O• CHURCH 18870 Allendale Avenue, Saratoga, CA 95070 46** Rev. Fr. Siobodan B. Jovic, Parish Priest Phone: (408) 867.4876; Fax: (408) 867.0421 e -mall: jovic45@hotmatl.com April 10, 2001 Dear Neighbor, Allow me to introduce myself. My name is Fr. Siobodan Joyic. I am pastor of St. Archangel Michael Church, established in 1960. My family and I arrived eight months ago and settled in this beautiful neighborhood in Saratoga. As soon as I came here, 1 found my neighborhood most impressive in its appearance well maintained homes and beautifully landscaped surroundings. Unfortunately, the church property is quite the opposite. From the very first day as parish priest, my major focus was to find a way to change this negative image. Fortunately, with great faith and enthusiasm of my parishioners and the Board of Directors, I can report to you that we are ready to make a positive change. With God's help, we plan the following work to be done as soon as possible: 1. A new church building in the Greek- Byzantine style (see above drawing). This particular architecture was selected because it is one of the most beautiful among the Christian churches. Many well known churches in al Europe were built in the same style. It is equally popular among Muslims and Jews. Many mosques and synagogues were built along these same lines, with domes representing heaven. You might question whether the church will block your view of the hills, and our answer is that it will not. 2. The area between the parish home and our rental house (fronting on Allendale Avenue) will be paved and serve as the parking lot. 3. A picnic area will be provided in the back of the property for our parishioners only. 4. The entire property will be tastefully and appropriately landscaped. 5. The existing social hall will be remodeled to conform with the newly -built church. This facility is now only used for church related activities. It is no longer rented to the public, and will not be in the future. Financial need was the reason that it was offered for catering. I understand that at times the events reached an unacceptable noise level and caused you some inconvenience, and for that I would like to express to you my sincere apology and promise to do everything in my power to avoid any future disturbance. I pray that the above improvements will meet with your approval and satisfaction; that these changes will dramatically improve the image of the neighborhood, and that our property will match the beauty of your properties. In this regard, we strive to be a good neighbor and invite your suggestions, advice and thoughts. We also send this letter in the spirit of good will and invite you and yours to our Easter Sunday banquet on April 15th at 1:00 p.m. Please bring with you this letter which will serve as your admission to a table reserved for you. Respectfully, Rev. Fr. Slobodan B. Jovic ATTACHMENT 9 I r IV tit JQ;_ Bibies in Stock We have received a new stock of Orthodox Study Bibles; The New Testament and Psalms, New King James Version, in both hard cover for $30, and, leather bound for $50. This is, by far, the best Bible that you can have or give as a gift. It contains much information, in addition to the vari- ous 'books' of the Bible, as well as narratives on The Bible and the Orthodox Church, The Church Fathers Speak, The Bible and Orthodox Tradition, The Creed, Some Orthodox Beliefs and their Biblical Foundation, A Guide to the Spiritual Life, How to Remain in Communion with God, Spiritual Helps In the Examination of Your Conscience, Where to Turn to in the Psalms and New Testament, How to Use the Orthodox Study Bible, Morning and Evening Prayers, How to Read the Bible, a Lextionary (calendar of daily Bible readings), How to Read the New Tetament in a Year, introducing the Orthodox Church, Interpreting the Scriptures, a Glossary, an Index to Annotations, a list of the names of The Seventy disciples, a Harmony of the Gospels, and, a list and description of the Monies, Weights and Measures used in Biblical times. Truly, this is an unequalled treasure of Orthodox Christian information and spirituality. To purchase a copy, visit our Book Closet in the hall lobby, which is manned by Dragana Janjos, every Sunday, after Liturgy. St.Michael's Outreach A new and exciting group has been formedby organiz- ing adults and children of ALL ages to begin a commu- nity outreach program. Our work will support a variety of different local out- reach programs in addition to providing support and I service to our own church and congregation. There is no time commitment required! Work on as many or few of the outreach projects as you choose. By work- ing together, the St. Michael's Outreach can make huge impact on those most needy individuals /families in our. community! For more inforamtion and volun- teer opportunities,contact Lori or George Vukcevich at 408- 778 -5112. BOOK CLUB The Book Club meets on the first Tuesday of eoc month at 7 p.m. at the Church Hall Interested? Contact Jelena Vukicevic 650 -961 -5440 ANNOUNCING A NEW ADULT FOLKLORE CLASS Thanks to Paul Bunevic, two years ago, we started young adult folklore (dance) group. Last year, we started a second group for children who are 14 years old or younger. In September, we will add a third one for older adults, under the direction of Ms. Lou! Tucker, an accom- plished instructor. The name of this group will be St. Archangel Michael International Folklore Family. In the past one hundred years or so; immigrants from Serb and other Orthodox Christian lands of Eastern Europe, Asia, the Middle East and North Africa have brought Orthodox Christianity to America. We see a need to sharp our Orthodox Faith with other Americans who know nothing about Orthodox Christianity, as a commis- sion which has been passed down to us from Christ. We believe that an adult dance program is one way in which to do this. Our adult folklore program will help to introduce local adults the Orthodox Christian world view through the rich variety of dances that are performed throughout Orthodox Christian countries. Specifically, the Christian attitude which is Inherent in the Orthodox Christian coun- tries is reflected in the expression "We are lost all by our- selves, but, we are saved together". The typical folk dances in these countries are performed with the dancers holding hands and dancing in a circle, and, dancing alone, or, in separate pairs, is uncharacteristic. The hold- ing of hands emphasizes a communal culture and the cir- cle represents an eternal existence and bond, which flows from the Orthodox Christian world view. We hope that a number of local, non practicing, Orthodo Christians will find their way back into the Faith of their ancestors, via such a class in our social hall. While there would be nofequire a a3Ti'dgPice� religious services or instruction, if anyone ever as a que or wa s o attend, that would be at their own initiation, and, we would be most pleased to accommodate them. Starting on September 7, dance classes will be held every Thursday night, from 7:00 to 10:00, except for those days which will be in conflict with our Church calen- dar and events. The Dance instructor will decide and teach the various dances, and, may reserve the first 30 minutes of each class to instruction for beginning dancers. Entrance fees will be $8 /person /class, except that seniors will pay $6, and, first time visitors and all Stewards of our Church will pay no fee. Entrance fees will be collected at the door by Church members who will provide and sell refreshments and snacks, also, during the class. m parishioners and local non parishioners are encour- aged to attend and invite their friends. 1 'I A I ki FOLK DANCE FESTIVAL and DANCE Join us for a wonderful evening of dancing and fun. Pro- gram includes dances from Serbia, Greece, Russia, fol- lowed by the youth dance. Live music by Orchestra Serbia from Phoenix, Arizona. If you would like to participate in the program please call 408 867 4876. Our program is still open for new participants. O. t- 1 J ST ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH SATURDAY NOVEMBER 19TH 6:00 pm ST ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH 18870 ALLENDALE AVE SARATOGA SCHEDULE Dinner 6pm Folk Dance Program 7pm Dance 9pm TICKETS 7 Dance only $10 �FiilZl�en uncl.�xw13 free� Dinner, $15 Desert 1 l No host bar. COME and SUPPORT Our church folk dancing youth group is raising funds fox their participation in Serbian national folk dancing festival in Serbia this coming summer. Please come and help them reach their goal. All proceeds will go for the benefit the youth folk dance group of our parish. .n t V••∎∎ ..•.v.. .......uv aw vvw. vw v v.+ Jump to: Regularly scheduled events The Folk Dance .Scene for September 2006 September 9 (Saturday): Saratoga International Dance Family participate in "Celebrate Saratoga" events at St. Archangel Michael Serbian Orthodox Church, 18870 Allendale Avenue, Saratoga from 2:00 to 6:00 P.M. There will be a dance party, teaching and demonstrations. For more information email Loui Tucker at loui @louitucker.com September 9 (Saturday): Cafe Shalom meets for Israeli dancing at St. Paul's Presbyterian Church, Wardwell Hall, 43 Avenue, at Judah Street, San Francisco at 6:30 P.M. Admission is $5.00. September 10 (Sunday): Brass Memazeri to perform at the Make Out Room, 3225 22 Street, at 1' agc 1 vi 0 (33y Just out: A novel with -a Folk Dance background. Of Greeks, Virgins and Tectonic Jive, a novel by Romaine Riley of Chico, California. It is a Greek tragedy on the Left Coast. A torrid live story about abalone divers, sailing schooners, folk dancers and their dark secrets. To order call 1 -800- AUTHORS or visit http: /www.iUniverse.com September 2 4 (Friday Sunday): Belmont Greek Festival, Holy Cross Church, 900 Alameda de las PuIgas, at Ralston Avenue, Belmont. For more information call (650) 591 -4447 or Visit http: /www.gohJcross.org. September 3 (Sunday): Stockton -in -Exile to meet at the Saratog Dance Studio, Quito Center, 18778 Cox September 4 (Monday): Annual Labour Day Folk Dance and Pot Luck Picnic at Max and June Horn's F September 7 (Thursday): The first week of an eight week session teaching dances from around the world at Live Oak Park Recreation. Center, Shattuck and Berryman, Berkeley from 7:45 to 9:45 P.M. Admission is $5.00 for the night or $30.00 for all eight weeks. Beginner's class. No partners necessary. For more information visit http: /www.berkeleyfolkdancers .org/flyer.asp. September 7 (Thursday): Saratoga International Dance Family have their first class at their new facility d. For more information email Loui Tucker at loui @louitucker.com September 7 (Thursday): Argentine Tango beginner class starts at Halanda Studio, 1062 Lincoln Avenue, San Jose from 8:00 to 9:30 P.M. Admission is $60.00 for all six classes or $13.00 for drop-ins.' For more information call (510) 792 -5665. September 8 (Friday): Vassil Bebelekov and friends to play music for dancing at Flex -it Aerobic Studio, 425 W. Evelyn, Mountain View from 8:00 to 11:00 P.M. Admission is $10.00. For more information visit http: /dance.blochg.com September 8 -10 (Friday Sunday): Santa Cruz Greek. Festival, Prophet Elias Orthodox Church, 223 Church Street, Santa Cruz. Friday 5:00 to 10:00 P.M.; Saturday 11:00 A.M. to 10:00 P.M.: and Sunday Noon to 8:00 P.M. For more information call (831) 429 -6500 or visit http: /www.propheteliassantacruz.org http:// www. geocities .com/paulbourbin/sepd6.html 2/9/2007 Welcome to Saint Archangel Michael Serbian Orthodox Church church info WELCOME TO ST ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH orthodoxy events calendar what's new finks of interest contact Christmas Greeting from His Grace Bishop Longin Bozicni pozdrav Vladike Longina Christmas Encyclical 2004 Bozicna Poslanica 2004 Predsednicki izbori u srbiji Easter messages from His Grace Bishop Longin Patriarchal Paschal message 2004 Soccer tournament dance, Saturday, apr 17th "Bishop Longins Appel for Chilandar otonnasfery Seventh Annual Women's Lenten Retreat, March 26th -27th Veronauka u kuci, srpski jezik Welcome to Saint Archangel Michael Serbian Orthodox Church in Saratoga, California. Announcements 'Pre- Ienten retreat, Sunday, March 6.2005. News Events The Voice of St. Archangel Michael Monthly Newsletter Enter Your E -mail Address: I Join Now J Valuable links: Serbian Orthodox Church Diocese of Western American Martha and Mary House, An Orthodox Christian Maternity Home Orthodox Resource Page Eternal Calendar Sunday school St Sava Photo Gallery .Kolo Dancing Lessons, every Sunday 1:30 pm Copyright 2000 -2004 St Archangel Michael Serbian Orthodox Church a.....la.. t..-.r,:... 1n:e14 n,.,...ii..,_ ..1.:... .I.... L Page 1 of 1 arc-, G, 20o 18870 Allendale Ave Sartoga, CA 95070 (408) 867 4876 THIS WEEK Sun, March 6th 2005 Meat -Fare Sunday Tone 7 Mesopusna Nedelja 10 am Divine Liturgy Epistle Reading: 1st Cor. 8: 8 -9:2 Gospel Reading: Mat. 25:31 -46 11:15 AM Sunday school 12:30 PM Lunch Sponsored by Radovan and Helen Adzich Srpski Jezik 12:30 PM All photo galeries Download this week announcements mar 06 2005. pr '71'1AA'7 1 St Sava 2004 celebration ,Jan 31, 04 Bozic 2004 End of school 2003 Jun 1, 03 Easter celebration 2003 Apr 27, 03 Children's talent show, Mar 02, 03 Choir Slava, Feb 17, 03 ATTACHMENT 1 WEEKLY AaCaLouVEMENTs Of St. Archangel Michael Serbian Orthodox Church, Saratoga, California V. Rev. Slobodan B. Jovid, Parish Priest Sunday, Januaryl5t 2006 30 Sunday After Pentecost, Tone 5 Sunday Before Epiphany Divine Liturgy 10 AM Epistle Reader: Altar Boys: Milena Mliojicic Filip Boiinov16 Aleksandar Medan George Medan Nicholas Davidovich Marko, Macura Mirko Macura Jonathan Milosovich Stevo Medan Greg Vidovk John Vidovich Predrag Jovi8 Stefan Vukieevie 1 Epistle: it Tim. 4:5-8 Gospel: Mark1 :1-8 Wednesday, January 18 Tephany Eve (Krstovdan) Divine Liturgy 10 AM Blessing of Water Thursday, January 19 "Theophany, Divine Liturgy at 10 AM Great Blessing of Water; Akathist to St. Arch. Michael at 6:30 PM; Religious Instruction for Adults Friday, St. John the Baptist, Divine Liturgy at 10 AM Sunday, January 15 Update: Veronauka Classes at 11:15 AM Lunch at 12:00 PM Sponsors RADA KRTOLICA za pokoj due +Vukasina Serbian School at 12:30 PM Upcoming Events: NEW!!! Every Thursday at 6:30 PM Akathist Service, following by the Adult Religious Instruction. Please, make every effort to attend both the services and lessons. Thank you! MEMBERSHIP ANNUAL MEETING, Sunday, January 15 2006 after Lunch. All members and parishioners are welcome. Members ONLY can vote! SST: SAVA CELEBRATION, Sat. January 28 with Vespers at 5 PM, Children's Program at 6 PM, and Dinner at 7 PM. Dance will be available after Dinner. welcome! ari ner. All are we comei Bring your friends! St. Sophia Sisterhood of San Francisco will held the Valentine's Day Luncheon on Saturday, Feb. 11 11 AM Social Hour, Lunch: 12:30 PM. For any question call Vera Bunjevic at 415- 824 -1723 ATTACHMENT 11 NOTICE OF PUBLIC HEARING The City of Saratoga's Planning Commission announces the following public hearing on: Wednesday, the 13`" day of June 2007, at 7:00 p.m. The public hearing will be held in the City Hall theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION /ADDRESS: CUP 07 -384 18870 Allendale Avenue APPLICANT: St. Archangel Michael Serbian Eastern Orthodox Church APN: 397 -01 -014 DESCRIPTION: The Planning Commission has scheduled a Use Permit Modification and/or Revocation Hearing regarding Use Permits 29 and 147 applicable to St. Archangel Michael Serbian Eastern Orthodox Church which is currently the subject of allegations of violation of those Use Permits issued in 1961 and 1968, respectively. Use Permit 29 authorized the "St. Michaels Archangel Serbian Orthodox Church Center." Use Permit 147 authorized "a parish residence, classroom addition, and future sanctuary." City Code Section 15- 06.540 defines a "Religious Institution" as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto." City Code Section 15 -55 -100 authorizes the Planning Commission to modify or delete any conditions of a use permit or impose any new conditions if the Commission makes certain determinations. City Code Section 15- 55.110 authorizes the Planning Commission to revoke a use permit upon a determination that the holder of such use permit has failed to comply with any condition thereof or has violated any applicable provision of the City Zoning Regulations. The Planning Commission will consider whether or not to modify or revoke Use Permits 29 and/or 147. 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 Wednesday, June 6, 2007. 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. A site visit will be held on the day preceding the hearing date listed above as part of the standard Site Visit Committee agenda. Site visits occur between 3:30 and 5:00 p.m. The site visit is open to the public. The Site Visit Committee will convene at the City Hall parking lot at 3:30 p.m. on the day preceding the hearing and visit the site listed above and may visit other sites as well. For more information please contact the Community Development Department at 408 868 -1222 or review the Site Visit Agenda on the City Website at www.saratoga.ca.us. John Livingstone Community Development Director 408- 868 -1231 City of Saratoga Community Development Department 13777 Fruitvale Avenue it Saratoga, CA 95070 408 -868 -1222